There are two views of what happened the night that DeWayne Williams shot and killed a man. According to Assistant Oakland County prosecutor Jason Pernick, Williams is a cold-blooded murder, “a man with no regard for human life.” Williams’ lawyer begs to differ. The murder—sorry, manslaughter, was an accident. The facts, as reported by The Detroit Free Press, are these: “Williams, of Pontiac, shot Brian Bailo, 31, an Orion Township landscaper, at about 11 a.m. on March 9, 2009 as Bailo got out of his Ford 250 pickup truck at the Great Wall Chinese Restaurant on Auburn Road in Pontiac, hoping to get a $5 lunch special. Bailo’s friend, Michael Rathnow, was getting out of the passenger side when Williams walked up, pointed a gun at Bailo and demanded money. Bailo, Rathnow would later recount, said, ‘You’ll have to shoot me first,’ and Williams did.” Yes, but, it was an accident. Apparently.
Defense attorney Toby argued that Williams didn’t know the gun was loaded and only intended to scare Bailo, not shoot him, when he accidentally pulled the trigger.
How many times has TTAG said MAKE SURE THE GUN IS UNLOADED BEFORE HANDLING and NEVER POINT A GUN AT SOMETHING YOU’RE NOT PREPARED TO DESTROY? Just because you’re a scumbag doesn’t mean you’re exempt from those rules, you know.
Oh, and if may not matter that much how “accidental” the fatal trigger pull.
If jurors decide Williams killed Bailo in the course of robbing him, even accidentally, they can find him guilty of first degree felony murder under Michigan law.
All guns are loaded. Especially the unloaded ones.
This cautionary tale (Williams’ intent aside, which was apparently robbery — that’s going to translate into the commission of a felony with a firearm and 2nd degree murder) is applicable to the rest of us.
You see, if you uncase or unholster a weapon in public and anything goes wrong – anything – the full weight of the law shall fall upon you. In fact, expect to be villified and made an example of for everyone to see.
So if, after hunting, you pull your shotgun out of the trunk later to show to a friend, think twice. Go to your home, shut the door, do it there.
And for those of you participating in CCW, understand when that piece comes out of hiding, if something goes wrong — even if you didn’t intend on the final result — your local prosecutor is gonna make a front page name for him/herself by making you public enemy number one.
Even those of you who think it’s a good idea to attend a Tea Party rally with an “unloaded” rifle over your shoulder, please think again. I admire your political position and determination, but again, should a mishap occur with your rifle — or somehow you become separated from it and someone else uses it to commit violence — you’ve just made a stronger case for the gun controllers. Just leave it home in the safe.
So…if your gun is out in public, just make sure there is a very damn good reason for it being out. The one and only good reason is that you are experiencing clear and present danger and intend to respond with deadly force. Otherwise, case your piece. Lock it up. Or holster it back under your clothing.
Even good people can take a lesson from a scumbag.
Monte, just a thought for you about bringing a gun to a Tea Party. With the leftie loonie hate for the movement, make one quick turn and hit one of their plants in the crowd with any part of the weapon and the charge could be assault with a deadly weapon….wouldn't these losers love to have that as a banner headline?
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