I like the odds of the insanity plea for the shooter.
I would not want to be the insurance of the shop owner. A shoe store manager in a mall is allowed a gun under the counter? What kind of shoes is he selling?
I hope the shoe store and the mall get sued for all they have, fuck those idiots.
Pretty sure the lease that the shoe shop has with the mall has some clauses that dump everything on the shoe guy. The owner is screwed. The mall, not so much.
I cannot (as the family of the girl) sue for having negligent safety measures in place?
I’m pretty sure a gun in the hands of a fucking shoe salesman counts as a safety risk. I doubt they had signs put up to warn the public that the stores have armed sales clerks. (Which, I think, is weird even in the US)
I don’t. The definition for insanity in a criminal trial is different than the common use definition. Being insane does not automatically make one criminally insane (is that the right term?).
IANAL but I think the definition of insanity for legal purposes is that the person is incapable from telling right from wrong, or understanding that they were breaking the law. Jeffrey Dahmer had mental health issues but was found sane for purposes of prosecution, and guilty. But I think we would agree that anybody who would do what he did was “batshit crazy.”
I think it’s a bit deeper than that, in that they don’t actually understand the consequences of their actions. Just like you wouldn’t prosecute a 2-year old for shooting their sibling, you don’t prosecute someone who isn’t able to understand that their actions will harm others. Not just that they don’t understand that, but that they are incapable of understanding that.
This guy was batshit crazy, but he certainly understood that pointing his piece of metal and pulling the trigger was intended to cause harm. That it cause harm to someone other than who he meant to is a very real risk that he had no reason to not understand.
Even if he hadn’t hit anybody at all, he should still be prosecuted.
May I say, even if he had hit nobody, this does go under Stupid Gun News on a few accounts, beginning with yes, the decision to use deadly armed force against fleeing shoplifters; followed by the decision to do so inside a Mall, among other shoppers.
Apparently from other reports she did experience a significant fracture, that will take considerable recovery and rehab.
Also, from the reports, the man who fired is no mere employee, he is a co-owner of the business.
They are under no obligation to do so, heck, unless the lease terms of the storefront specify otherwise, he was under no obligation to tell them .
I have indeed watched too many Law and Order episodes.
Someone killed someone else with that gun. He has made sure that no prints are on it. Abandons it in a place where it likely to be picked up. The first person that picks up the gun and doesn’t have a rock solid alibi is ‘the killer’ in the eyes of the law. Actual killer walks away scott free.