Man sent to prison because his truck shot a Trooper

[paramedic70002]

OK so this guy is not an angel, he was in possession of a stolen firearm. Had an accident. While the tow truck is pulling his truck out, the rifle moves around in the truck and a Trooper is killed. Regrettable, horrible, sad, yes. But do you think he should be guilty of involuntary manslaughter? The same thing could happen to any of us if you remove the stolen gun factor. Note the article doesn't mention any charges related to the theft.

http://www.newschannel8.net/news/sto...07/405043.html

W.Va. Man Sentenced to 10 Years for Trooper's Death
Tuesday March 13, 2007 5:26am

BERRYVILLE, Va. (AP) - A West Virginia man was sentenced to ten years in prison Monday for his role in the death of a Virginia State Police trooper.

David Ellis Ferrebee of Charles Town, West Virginia entered an Alford plea in December to involuntary manslaughter charges in the death of Trooper Kevin Manion.

In an Alford plea, a defendant does not admit guilt - but acknowledges that the prosecution has enough evidence to convict.

The 27-year-old Manion was killed on February 18th, 2006 while investigating a single-vehicle crash involving a pickup truck Ferrebee was driving.

As a tow truck moved Ferrebee's pickup truck from the scene, a stolen rifle inside the truck discharged, striking Manion in the chest.

[DefensiveCarry.com]

[MattInFla]

Too little information here, IMHO.

Where was the firearm in the truck, how was it stored, etc.

Matt

[ccw9mm]

If the report is true and it was negligently stored/carried ... Someone is dead because of negligence and reckless behavior, due to someone not properly and safely securing a firearm. It was the major contributing factor.

For culpability in a death, there aren't many choices:

• Justifiable -- where one is correct in using deadly force to stop an attack.
• Excusable -- a death occurred, but one could not be expected to know one's actions could result in someone's death.
• Manslaughter -- where one has acted in a reckless manner with disregard for human life.
• Murder -- where one acts with malice in causing the death of someone.

Negligent storage seems to have been a major cause. If true, then that action was without regard to consequences with possible (frequent) situations such as car wrecks. He certainly should have realized that someone could get hurt with his gun sloshing around in the cabin of his car. "Couldn't be expected to know" his actions could cause harm? That just doesn't fly.

Simply, this is a good example of how important it is to have control over a firearm at all times. It's that important.

If, however, it was stored just fine but broke loose in the crash/movement, well then there's another contributing factor. Perhaps the major one. Too little info to know for certain.

[R/T Performance]

Looks like a deal to me
Stolen rifle in truck. must been un cased and loaded.

[dimmak]

The troopers family will not have a reprieve in 10 years unfortunately....

[ron8903]

Sounds like a good deal.

Remember he chose the deal, could have went to court
and faced a jury.

[cagueits]

He got off easy - the weapon was stolen.

Had the weapon not been a stolen one, but his personal property, then he might have gotten a bad deal.

[SIXTO]

Yup, he thinks its a good deal too. I'm sure the trooper doesnt think so.

[Miggy]

He got off easy - the weapon was stolen.

Had the weapon not been a stolen one, but his personal property, then he might have gotten a bad deal.

Did he know the weapon was stolen? If he bought it in good faith, you'll have a tough time making it stick.
However, I do believe Mr. Ferrebee was negligent. The rifle should not have been loaded even if it was properly secured inside the truck at the moment of the accident. ccw9mm said it: this is a good example of how important it is to have control over a firearm at all times. It's that important.
And I'll go one more on suspicion: I think he did not notify Trooper Manion about the rifle because he knew it was stolen. Yes, I am assuming, but I am a suspicios/paranoid fella and yes I am contradicting my initial statement.

[SIGguy229]

If the weapon was not stolen AND properly cased--he probably would have said "Hey--I've got my rifle in there--can I get it out?"

This is just a sample of other actions that could have been taken and prevented the Trooper's death.

Instead, the guy kept his mouth shut, said nothing and hoped he didn't get caught. He got caught alright, and the Trooper paid for his (convict's) negligence.

[cmidkiff]

Negligence...
No intent...

I'd say manslaughter was appropriate. Don't know about you, but I keep a loaded weapon in my console, unlocked, while I'm driving. Don't know if I'd have the sense to lock it up after an accident. After hearing this I probably would.

Guy had a record, weapon was stolen... I'd say throw the book at him, which is what they did.

If the guy was clean? Say you or I ran off the road and the same thing happened... should they still charge manslaughter?

It was an accidental death, contributed to by negligence. My prayers and condolences to the family of the unfortunate officer.

[retsupt99]

But this guy was already anything but innocent...my guess would be a minimum of manslaughter...of a trooper?...he got off easy!

OMO

ret

[nn]

Stolen is only a small part of, improperly stored and loaded is the issue.

[GoodSamaritan]

I tend to disagree nn. Improperly stored and loaded is an issue, but there isn't enough info to determine if it was in this case.
To me STOLEN is a huge issue here. IIRC theft of a firearm is a felony, and if anyone dies during the commision of, or as a result thereof it is an automatic murder charge.

[PatrioticRick]

He'll get out after 5, for good behavior (maybe) he got off easy.