September 26, 201213 yr OK, here is another topic that will surely spark a debate... No criminal charge will be filed against a San Jose police officer whose 3-year-old son accidentally shot and killed himself while handling his father's pistol in the family's Gilroy home, prosecutors said Tuesday. Officer Brandon Orlando, a nine-year veteran, did not act in a grossly negligent manner, Santa Clara County District Attorney Jeff Rosen said in clearing the officer of criminal liability for the July 5 death of his son, Preston. Prosecutors could have charged Orlando with failing to properly store the weapon when children were present. The boy found his father's backup Glock semiautomatic handgun in a nightstand drawer in the master bedroom and shot himself in the head, authorities said. The officer thought his children wouldn't arrive home until after he had left with his weapons, Rosen said. Preston and his 5-year-old sister, however, arrived at the Kentwood Court home with their mother while Orlando was still there. The boy died in the upstairs master bedroom while Orlando was downstairs doing laundry. The law requires that prosecutors consider the impact of a death while weighing whether charges should be filed, Rosen said. Orlando has been devastated by his son's death and suffers flashbacks and has trouble sleeping, authorities said. In the moments after the shooting, his wife yelled at him, "This is all your f- fault," to which Orlando responded, "I know," authorities said. The fact that Orlando had taken firearms training courses as a police officer was considered, said Deputy District Attorney Terry Harman, adding however that the officer did not get special treatment. "Absolutely not," Harman said. "What matters are the facts and circumstances surrounding Preston's death, not the occupation of his father." Read more: http://www.sfgate.com/crime/article/San-...p#ixzz27b75ZGPU I have a hard time deciding where to side here... One part of me thinks that having to live with the death of his child is enough. The rest of his life will be a nightmare. Im sure his wife will resent from now on for sure. The other part thinks he should be charged. He made a mistake that cost someone their life. There are laws in place to try to prevent these situations. How do you guys feel?
September 26, 201213 yr I think not a soul on the board is qualified to make that determination nor do we have enough information even if we were.
September 27, 201213 yr I have a hard time deciding where to side here... One part of me thinks that having to live with the death of his child is enough. The rest of his life will be a nightmare. Im sure his wife will resent from now on for sure. The other part thinks he should be charged. He made a mistake that cost someone their life. There are laws in place to try to prevent these situations. How do you guys feel? I'm pretty much in full agreement with you
September 27, 201213 yr Author I think not a soul on the board is qualified to make that determination nor do we have enough information even if we were. You are right, and thankfully, we don't have to. We can however, discuss it...
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