Backflipping FBI agent who negligently shot a bar patron...

[124gr9mm 859]

Was told by a judge that he's allowed to carry again while his criminal case is taking place:

https://www.bbc.com/news/world-us-canada-44775118

Judge: FBI agent charged after backflip shooting can carry gun

An FBI agent who is accused of accidentally shooting a man while performing a backflip in a bar can have his gun back, a judge has ruled.

Chase Bishop, 29, was off-duty when he was filmed dropping his gun while dancing. As he picked it up he fired one shot, seriously wounding a man.

Video of the 2 June incident in a Denver nightclub led to his arrest.

On Tuesday a county judge in Colorado - where he is facing a second-degree assault charge - issued the ruling.

During the court appearance in Denver Mr Bishop's protection order was amended to allow him to resume carrying his service pistol both while on and off duty...

A lawyer for Mr Bishop told the judge that the man who was shot in the leg, Tim Reddington, 24, and his family did not object to the agent continuing to carry his gun.

In an interview less than a month after the shooting, Mr Reddington, who had recently moved to Denver from Chicago, said he did not blame the agent.

"I don't want to blame anybody, throw anybody under the truck," he told ABC's Good Morning America programme.

Dancing FBI agent charged after shooting

Mr Bishop's drug and blood alcohol tests, which will not be released, do not warrant any further charges, prosecutors told the Denver Post.

Colorado law prohibits anyone from carrying a gun while under the influence of alcohol.

Lawyers say that a plea deal is being negotiated to settle the assault charge, but did not disclose any details."

 

 

Looks like it's being swept under the rug.

I can only imagine if this was happening ot a regular citizen and not an FBI agent.

I doubt anyone else would get away with the "Ooops" defense.

 

 

[CAL. .30 M1 2,101]

1 hour ago, 124gr9mm said:

 

 

Looks like it's being swept under the rug.

I can only imagine if this was happening ot a regular citizen and not an FBI agent.

I doubt anyone else would get away with the "Ooops" defense.

 

 

It seems that way and there is probably more to the story - Accidents due happen and ruining someones life over it makes no sense over a mistake - HOWEVER - 'OOOPS' defense generally doesn't apply to civis as far as I have seen.

 

I am glad however that the injured party is not making a - no pun intended - federal case of it.  But surely the agent needs additional training....no? 

[MartyZ 692]

I would think that at the very least this guy needs to go back to training. He fired the gun accidentally while picking it up. Why was his finger inside the trigger guard?

[GRIZ 3,369]

The state judge really doesn't have any authority to tell him he can't carry as he has no jurisdiction over the federal government.  The FBI can tell him he can't carry.

[124gr9mm 859]

5 minutes ago, GRIZ said:

The state judge really doesn't have any authority to tell him he can't carry as he has no jurisdiction over the federal government.  The FBI can tell him he can't carry.

Not sure about that GRIZ.

The court already had a protection order in place that said he couldn't carry, so this ruling was made on a petition by the agents lawyer to have the protection order modified.

Generally speaking I don't believe being an FBI agent insulates someone from rulings in criminal cases.

I'm not a lawyer, so I could be wrong...

[GRIZ 3,369]

2 hours ago, 124gr9mm said:

Not sure about that GRIZ.

The court already had a protection order in place that said he couldn't carry, so this ruling was made on a petition by the agents lawyer to have the protection order modified.

Generally speaking I don't believe being an FBI agent insulates someone from rulings in criminal cases.

I'm not a lawyer, so I could be wrong...

Being an FBI Agent (or any other Federal Agent)  does not insulate you from being prosecuted in a state court.  

He probably was put on the rubber gun squad while FBI Office of Professional Responsibility (their name for internal affairs) conducted their investigation.  Contrary to popular depiction on TV Feds just don't come in and "take over".  Although they can and do in some cases which I will get to.

What may have happened is OPR's investigation showed this to be an accident. A stupid accident? No doubt but still an accident.  The FBI probably said if you get the state judge to remove his order about you carrying we will give you your gun back.  The FBI plays CYA too. They could have just given him his gun back but I'm sure "agency policy" wants the judge to remove the state order first.

I've known cases where federal agents got traffic tickets and even got arrested by local pds in performance of their duty.  In cases like that the federal agency sends a polite letter to the court to dismiss the charges.  If they refuse to do so or if the local agency was acting in an egregious manner, the US Attorney yanks the case out of a state court.  The case is then brought before a Federal Magistrate and dismissed.

Federal LEO'S carry guns under federal authority and the federal government is sovereign and not subject to state or local jurisdiction.  Unless they want to.  For example a condition of employment for a federal job might be have a valid state driver's.  Doesn't have to be a particular state any will do.  Another example is some states have blue lights for police cars and some have red.  The Feds will conform to the state law to avoid confusion.

If a Federal LEO is carrying off duty IAW the policies of their agency state law does not impact on them at all.  If their agency says they can carry a MP5 off duty there is nothing the state can say.