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Criminal defense: Man accused of shooting nephew

| Jan 17, 2019 | Criminal Defense

A man in Watervliet is facing a serious charge after he allegedly accidentally shot his nephew, according to local sources. New York police were notified of the alleged shooting after the victim arrived at a local hospital. His uncle is currently out on bail in advance of a trial date, where he will be represented by a criminal defense attorney.

According to the report, the upstate New York man spent the night of Jan. 12 with his 20-year-old nephew in his home. The two allegedly spent several hours smoking marijuana and drinking alcohol before retiring for the night. The following morning, the older man apparently removed two legal handguns from the safe on his premises to show his nephew how to safely deconstruct them.

Unfortunately, the man was unaware that a live round was in the chamber of the .45 caliber handgun he was deconstructing. As a result, the gun went off and a bullet struck the nephew in the leg. The nephew arrived for treatment at a local hospital around 9 a.m., at which time hospital staff informed police. The uncle was taken into custody and charged with felony first-degree reckless endangerment, and thankfully the nephew is recovering following surgery on his leg.

When it comes to firearms, even the most proficient and trained individuals are susceptible to accidents. Thankfully, in this scenario, no one was permanently injured or killed, and it may be difficult for New York prosecutors to prove recklessness on the part of the uncle. His criminal defense attorney will likely prepare for all potential arguments from the prosecution, including the insinuation that he may have still been intoxicated while operating the handgun. Ultimately, however, the onus is on prosecutors to prove the man’s guilt, as he is presumed innocent before the court.