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FBI Agent who’s gun went off in a bar in Denver during a dance off has turned himself in and is awaiting charges on second degree assault. The gun fell out of Chase Bishop’s waist during a back flip and as he picked it up the gun went off shooting someone in the leg. The victim survived but his attorney says it could have been worse because the bullet did hit a main artery.

Colorado criminal statutes define second degree assault as someone who recklessly causes serious bodily injury to another person by means of a deadly weapon. CRS 18-3-203(1)(d). based on this particular definition there is no “intent” element necessary meaning the FBI agent did not have to intend on shooting the victim.

Unlike Colorado, Florida’s assault statutes charge unlawful threats, therefore in our state an incident like this would likely be charged as a battery or culpable negligence.

Florida also has an aggravated battery statute, 784.045, which is defined as a person who:

  1. Intentionally or knowingly causes great bodily, permanent disability, or permanent disfigurement; or
  2. Uses a deadly weapon.

Florida also has a culpable negligence statute, 784.05. Culpable negligence is more than a failure to use ordinary care for others. It is a course of conduct showing reckless disregard for human life, or for the safety of others.

While it is clear from the video that this FBI agent did not intend on causing anyone any harm, surely he showed reckless behavior in taking a loaded gun into a bar, letting fall out of his waist, and it going off when he tried to pick it up.

If you are charged with this type of crime it is important to have the right attorney represent you. The Criminal Attorneys at Wilbur Smith are well versed in these types of cases and regularly handle firearm cases.

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