Nothing about this is fair but portions seem patently unfair.
A 14 year-old Homedale girl walks into a bedroom at the apartment of her sister's boyfriend in Marsing, spots a loaded .25 caliber semi-automatic handgun on a bag in the closet, brings it out to show her sister who believes that her boyfriend does not own any weapons and accidentally discharges it into the head of her friend, a 12 year-old boy who later dies from his wound.
Tragic. All around. Marcos Jaramillo was buried today. The 14 year-old was "a wreck" Monday, Owyhee County Sheriff Daryl Crandall told the Idaho Statesman and he hopes she gets counseling. One can only imagine the trauma this girl will suffer the rest of her life.
Compounding the tragedy, on Tuesday Crandall recommended that the prosecutor charge the girl with injuring another by discharging a firearm, telling the Statesman, "We have a duty and a responsibility to ensure accountability and justice, and to be sure everyone is treated fairly and correctly. We have to hold her accountable, as painful as that is."
Owyhee County Prosecutor Douglas Emery confirmed to the Owyhee Avalanche that the girl has been charged today but it's unclear whether that occurred before or after the boy's graveside service.
"There should be some potential consequence for negligence or gross negligence in the handling of a weapon," he said. "That statute is clearly on the books and, I believe, perhaps drafted for this very situation. I’m concerned a bit, I guess, about the casual nature in which people use weapons. There are very dire and serious consequences."
The prosecutor also told the Avalanche that charges against the owner of the weapon weren't likely.
"If you took a cross-section of a good number of the citizens in this county, I think you’d find a good number of people feel it’s their right to have a loaded gun within their house, and they make reasonable precautions so that it isn’t accessible in the common areas," he said. "By the same token, they want to have ready access to that weapon in the event of an intrusion. As a prosecutor, I have to weigh both extremes of that..."
Sheriff Crandall explained that the handgun owner was working in Washington state at the time and had no way of knowing children would be present in the apartment.
Here's where it becomes exponentially unfair.
An adult keeps a loaded, unsecured weapon within "ready access," as the prosecutor supposes, to use in case of intrusion. Okay. The man is in Washington. How exactly is he going to use that weapon to defend himself or his property while in another state? It also seems implausible that he has no idea that his girlfriend has young siblings who might drop in to visit and it couldn't have been left for her protection; according to the sheriff, she had no knowledge that the weapon existed in the home.
Meanwhile, the 14 year-old kid is the one charged with negligence in the handling of a weapon.
Seems if the prosecutor is concerned with the "casual nature in which people use weapons" he should be looking at the adult who owned that weapon and the casual nature in which he left it.
Something about this just doesn't seem fair but tragedies rarely are.
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