03-01-2016, 07:59 PM
(03-01-2016, 06:33 PM)Midwest Spy Wrote:(03-01-2016, 06:29 PM)Blindgreed1 Wrote:(03-01-2016, 06:26 PM)Midwest Spy Wrote: Have the parents of the boy come out and said that their son was legally entitled to 'lend' the gun to someone else? Have they said he asked them if it was okay?If it was that simple, he would be charged MS. Why hasn't he been charged? And to be clear, the ONLY thing they can charge him with is giving a gun to a minor. This isn't a question of liability for the murder/suicide.
If you can't answer yes to either of those questions then he is liable.
Now, it's simply the DA's decision whether to charge or not.
I'm guessing that if the murdered girls family was demanding prosecution, charges would already have been filed.
I'm not a mind-reader, but my guess would be that he's conflicted with the wishes of the parents and legally what he can charge the kid with.
That appears to me to be what the DA is doing as well, MS.
On Friday, Glendale police announced that investigators planned to submit a charge of sale or gift of firearm to a minor, a low-level felony, against the student. The law states that a person who sells or gives a firearm to a minor, without consent of the minor's parent or guardian, is guilty of a Class 6 felony.
The police statement stressed that both of the girls’ families do not wish to prosecute the 15-year-old boy.
It will be up to the Maricopa County Attorney’s Office whether to file charges. A spokesman for the office did not respond to requests for comment Friday evening.
If the DA believes that there are compelling reasons not to file charges or prosecute the crime (like existing trauma to the boy, guilt, wishes of the victims' families...), he can decline to do so. However, I would be surprised if the DA did not mandate some course of action to help minimize the chances of the boy doing something like that again if the DA chooses not to prosecute on the felony charge.