"Except as otherwise authorized by law, any person who willfully discharges a firearm in a grossly negligent manner which could result in injury or death to a person is guilty of a public offense and shall be punished by imprisonment in a county jail not exceeding one year, or by imprisonment in the state prison."Well, it looks like Ms. Suzie Q and her attorney have their work cut out, thanks, in part, to the indignation I showed the other day when the DA/OPD asked if I wanted (still) to press charges. Today's OPD call was to inform me that the D.A. has decided to pursue a CPC 246.3 charge (above), and that I should expect a subpoena in the mail to appear and testify in court.
California Penal Code 246.3
For those who are interested, I will dissect the charge, as each word has specific 'criminal' meaning. Consider "...any person who willfully discharges a firearm in a grossly negligent manner which could result in injury or death to a person...
- any person, this means all the usual suspects, but also including young fair-haired white girls, that you might believe incapable of hurting a flea.
- willfully, this means that with forethought "Suzie" held the firearm in her porcelain hand and pulled the trigger with purpose and intent of launching a projectile from its barrel.
- discharges, this means the firearm actually performed the action for which it was manufactured, and which "Suzie" initiated, at the time in question.
- firearm, this means that the object "Suzie" controlled was indeed an instrument distinct in its capability of launching, through an ignition sequence, a projectile at a potentially lethal velocity.
- grossly negligent, this means that not only could someone have been reasonably injured by this discharge (negligence), but that it is further reasonable that someone could have been killed, or suffer grave bodily injury (gross).
For the record, and for those who think I have no compassion, I told both the owner of the gun and "Suzie" that neither would get any measure of lenience from me, as neither of them, combined or individually, sought the resulting path of the fired bullet from the weapon, in order to render emergency aid, as possibly required. Eff me you say? Okay then, eff you!
James C. Collier
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