I don’t write about this story lightly. I’m blogging it because I think it brings up some things that need to be discussed.
An APD detective is being sued in Bastrop County. Specifically, the complaint against her is that she was negligent in securing her duty weapon: a child stole it from her and committed suicide with it.
[Defense attorneys] say that [the detective] had kept the gun in her purse in a locked safe, and there was no way for her to know that [the victim] could have gained access to it. Furthermore, they said it would be unreasonable to expect that every gun owner in Texas should be responsible to keep their weapons under lock and key, where they aren’t accessible during an emergency, according to the motion for summary judgment.
Plaintiff’s side:
But [victim’s mother] claims that [defendant] violated Section 46.13 of the Texas Penal Code, which states that “a person commits an offense if a child gains access to a readily dischargeable firearm” and the person is criminally negligent if she “failed to secure the firearm or left the firearm in a place to which the person knew or should have known the child would gain access.”
Plaintiff’s side also claims that the defendant didn’t actually have the weapon in a locked safe.
It does seem kind of callous and cruel to say “there’s no duty to lock up your guns away from kids”. Responsible people are going to do this anyway, duty or no duty.
But there’s a twist: the child in this case was actually 16 years old. Maybe I am jaded, but it seems to me like a 16-year-old is going to be highly motivated to find the forbidden, if they really want it: drugs, booze, porn…or even a gun. Even a gun in a “locked safe” beside a bed. And I really do wonder what kind of “locked safe” that was: as we all know, Bob, many “gun safes” are actually insecure and can easily be opened by a five-year-old who thinks there’s candy inside. How good does a gun safe have to be to stand up against a 16-year-old?
Especially a motivated one.
According to court documents, [the victim] was sent to stay with her aunt and [the defendant] after her father was convicted of molesting her. Her mother allowed him back in the home, though he was not allowed to be around his daughter. [Victim]’s mother claims there was reason to believe that her daughter was a risk to herself or others because of the abuse and that [defendant] should have been extra cautious to secure the weapons in the home.
“[defendant] should have been extra cautious to secure the weapons in the home…” Or, you know, maybe victim’s mom could have done something else here…trying to think of what that could be…oh, yeah, that’s right.
Did you try not letting the guy who was convicted of raping your daughter back into the house? Instead of sending of sending your kid off to live with other people? Doesn’t that send a pretty clear message: Mom values the man who hurt me more than she does me?
(And I know it seems kind of dismissive, but: what if the victim had taken a whole bottle of Tylenol instead? Or used Google to look up “Japanese cleaning product suicides”?)
This whole thing is just so messed up, I don’t even know where to begin thinking about it.
(In case you need it.)
