Gun owner wants charges in school shooting dropped
»Play Video
BREMERTON, Wash. -- Washington state appeals court judges had lots of questions for lawyers at a hearing about whether a gun owner should be prosecuted in a Bremerton school shooting that critically injured a 9-year-old girl.
Kitsap County prosecutors charged Douglas Bauer because he owns the pistol his girlfriend's son took to Armin Jahr Elementary. It fired through the boy's backpack, critically wounding Amina Kocer-Bowman in a classroom. Amina spent six weeks in a hospital and endured numerous surgeries for internal injuries caused by the shooting.
Bauer's lawyer, Wayne Fricke, told the judges on Monday that the case shouldn't proceed because Bauer did nothing to cause the assault.
Guest Judge C.C. Bridgewater asked the prosecution how Bauer could possibly have caused the assault. Deputy Prosecutor Jeremy Morris replied that Bauer allowed the boy to "sleep in a room of loaded guns" and that without that access, the shooting couldn't have happened.
The Kitsap Sun reports the appeals court will decide whether prosecutors can go ahead with the assault charge. A written decision could take months.
The boy pleaded guilty to reckless endangerment and was sentenced to counseling and had to write a letter of apology to Amina.
The boy's mother, Jamie Lee Chaffin, pleaded guilty to unlawful possession of a firearm as a felon.
In exchange for her guilty pleas, the court dropped an assault charge against her and she will likely testify against Bauer if his case goes to trial.
Kitsap County prosecutors charged Douglas Bauer because he owns the pistol his girlfriend's son took to Armin Jahr Elementary. It fired through the boy's backpack, critically wounding Amina Kocer-Bowman in a classroom. Amina spent six weeks in a hospital and endured numerous surgeries for internal injuries caused by the shooting.
Bauer's lawyer, Wayne Fricke, told the judges on Monday that the case shouldn't proceed because Bauer did nothing to cause the assault.
Guest Judge C.C. Bridgewater asked the prosecution how Bauer could possibly have caused the assault. Deputy Prosecutor Jeremy Morris replied that Bauer allowed the boy to "sleep in a room of loaded guns" and that without that access, the shooting couldn't have happened.
The Kitsap Sun reports the appeals court will decide whether prosecutors can go ahead with the assault charge. A written decision could take months.
The boy pleaded guilty to reckless endangerment and was sentenced to counseling and had to write a letter of apology to Amina.
The boy's mother, Jamie Lee Chaffin, pleaded guilty to unlawful possession of a firearm as a felon.
In exchange for her guilty pleas, the court dropped an assault charge against her and she will likely testify against Bauer if his case goes to trial.
Ok. So let's just get all this straight as I personally know both of them. The gun was in Doug's house in HIS bedroom. The child came over for the weekend to visit his mother. Doug is legally able to posses a firearm. For as long as I've known him, which is 21 years, he's owned a gun. He grew up in hilltop Tacoma and anyone familiar with that area would understand owning a gun. I'm not making excuses. I would personally lock up my gun, but assault charges? Negligence IF anything, but really? assault? Once again. It was in HIS house, HIS room and his girlfriend's child and she is the one who cannot posses a firearm.
I said when this happened the assault charges, as defined by law, wouldn't stick. The bremerton prosecutor is an idiot.
a gun should be treated like a new born baby, better know where it is at all times. for the rest of its life! oh how that thought-- being in the hands of a man !
If it was his gun, he showed negligence by allowing it to be first in the house of a felon who had control of the weapon and second it was not secured and his negligence caused a little girl to be hurt, whether directly or indirectly I still think he has responsibility in the matter. I am a big believer in personal gun rights, but if you are careless I think you need to carry the responsibility of what happened through your carelessness.
 @Susabelle The gun the boy used was taken (loaded) from the glove box of her car. He also had a loaded 9mm on a desk and a loaded 12 gauge shotgun leaning against the bedroom wall. Surprised something bad didn't happen sooner.
 @watcher I guess poetic justice would have him shot with his own gun, of course now that I say that I know that isnt very nice and I truly dont want someone else harmed. But honestly, this poor little girl certainly shouldnt have had this happen to her.
This just plain nuts.
There are several unanswered questions on how the felon got hold of it in the first place. The other question is if someone sells a car and that car is involved in an accident can I go sue that person for selling the car? I have several more analogies that could apply to the premise that he is guilty of owning the gun. A bartender that keeps feeding a drunk more booze and that person goes out and kills someone should be held responsible because if was a direct act of him feeding the guy the booze in the first place, but this guilty by ownership opens a whole new can of worms out there that we do not need to deal with. I feel for the girl that was shot and hope that the kid that had the gun in his backpack learns a life lesson, but that is where it should stop unless the owner acted irresponsibly in leaving the loaded gun laying around. Â
I've personally known him for 21 years and I lived with him and know Jamie quite well. Yes she is a felon but the guns were not hers and she didn't get a hold of them. Doug is not a felon and they are his. He has a 3 story house and his room is on the bottom floor. He told her many times not to let the kids go down stairs where his room is. For that exact reason. I don't know if she knew he went down there but it happened. Regardless, I personally would lock a gun up if I knew kids were going to be there. but he shouldn't be charged with assault. IF anything, negligence. Assault is pushing it to the extreme. Doug would in no way knowingly let that child have a gun nor would his mother. They have too much to lose. And I don't think Jamie is dumb and would have possession of a firearm with her felony. If you saw where they lived you would understand. They live in the middle of the woods. and at night it's pitch black. I would have several guns also. But I understand why he didn't lock it up, because if someone broke into his house, you can't ask them to please wait while I grab my gun. There's a questionable neighbor across the street. and was a meth lab down a couple houses. It's just a whole f*#$ed up situation and everyone involved wished it never happened. Although we no longer speak for personal reasons, my family and I will always defend him.
This is sad, we say let one person off for a similar crime but when it comes to someone who is with a felon we say charge him. I will give you my say on this. The boyfriend should not be charge, but the mother should have gotten a stronger charge. With the mother being in a house with guns, not only put herself in jeopardy but others to.I have no idea if the boyfriend is a felon but he has no idea what little kids are like and has no idea how to lock up a gun. I don't know if the gun was locked up and the boyfriend grabbed it and lay it down before walking out the door for work, and had a dumba** moment and forgot it. I don't know if that is where it is kept. Whatever the reason the mom would have know about the gun and put her and the child in that situation. I am not giving the boyfriend any excuses, but the mom knows what she can have and not have in her house or a house that she is in, and made the choice to ignore it.Â
Where were all these comments when we were discussing the cop that left the gun in his car so his son could kill his daughter? Both actions were inexcusable, but the cops action was beyond incredibly stupid, and yet in the end, he wasn't convicted of anything. He just has to live with his guilt for the rest of his life.
 @thetruthhurts it happen at school ! why dont schools have metal detectors by now? come on, this is beyond normal and happens often enough to provide every school with the safety these kids needs, have needed! yes this man best be held totally reasonable. same as the cop
 @thetruthhurts My comments were pretty much the same, in fact, more harsh as I grew up with a cop in the house.Â
me too. I have a few family/friends who were/are in Law Enforcement. There's absolutely no frickin excuse. NONE. I was surprised he was acquited. Once again, it presented a double standard.  Â
Wasn't this "boyfriend" ALSO a convicted felon and should NOT have had a firearm in the first place? Let alone leave it at his "girlfriend's" house.... without knowing if it was even locked up? Â
How convenient that girlfriend agreed to testify and get HER charges dropped..... so now boyfriend wants the same. Sounds like a conspiracy. Neither should have any kids, let alone firearms. Lord help us.
where are people getting this information from his is not a felon. Jamie is.
...tell ya what Dougie.....admit you're a worthless con, white trailer trash, meth head & a VERY irresponsibly illegal gun owner, and we MIGHT knock a few days off your sentence.
All his guns are registered to him you moron. He would be in prison... You really should keep your mouth shut if you don't know someone. And do tell where you get your facts? The trailer trash I kinda agree with, but meth head? Ugh no, he drives for kitsap transit and has to take random U.A's. get a life. I've known him for 21 years and not once have I seen him under the influence. and I've only seen him drink once the entire time which was recently on a Friday night after work.
Once again a irresponsible gun owner makes the rest of us who lock and protect our firearms properly look bad! He did nothing personally to the girl and he was not the one who took the gun to school... however in civil means he is responsible and should be sued for such damages. Hopefully this teaches him to lock up his firearms away from CHILDREN and where they can get at it!
 @Freespeech More preferably, this case should make this guy ineligible to possess any firearm - AND ultimately bankrupt him with a civil judgment that may take years to pay off. He evidently left the firearm in the home of a convicted felon for more than 24 hours without ever reporting it missing!
The gun was in his own house. and the girlfriends child took it from his home. I don't know where it was and I doubt he wouldn't report it missing or even try to get it back once he realized it was gone. He has way too much to lose.
 @McArthur The guy was legal himself to own the gun, and had nothing to lose in reporting it missing. It was his girlfriend, the boy's mother, who could not legally possess a firearm.
And "too much to lose" is NOT an excuse for recklessness or gross negligence.
I happen to agree with his lawyer. Â An assault charge can't be proved beyond a reasonable doubt. Â They should charge him with what they know can be proved and not waste everyone's time and our tax dollars. Â Let him take it in the rear in civil court. Â Although tbh, I doubt he has any money whatsoever. Â The whole situation is sad and more proof that most people aren't smart enough to have guns. Â
It is things like this that make gun owners so loathsome in the eyes of so many of us.
Man this dirtbag doesn't get it. The gun was left laying around for him to take. The truth is they're BOTH responsible! Own up to it!
Still can't figure out how a gun could just "go off" in a backpack. That one was never explained, at least not that I've read.
@johnbe - If the gun is not in the holster it would be fairly easy for something to either hit the trigger or the hammer, if it was a hammer fired gun. That is why the safest place for a gun is in a holster.
@johnbe - poorly designed guns can force the firing pin into the cartridge upon being dropped, banged, etc. with just the right direction and amount of force (aka 'firing itself').
Â
It's a problem not widely known outside of folks who know guns. Fortunately most guns are designed so that this can't happen except in the most extreme of conditions (well beyond the forces created by merely banging or dropping a backpack a short distance).
Â
Â
Â
Most semi-automatic pistols manufactured in the last 35 odd years are supposed to be "drop-safe" unlike rifles. Pistols like the later versions of the 1911 have both a grip safety and firing pin block. I haven't seen any detail about what type of gun was involved, but it is odd, to say the least, unless it was an older gun.
 @watcher Or was a very inexpensive gun, like a Jennings, Jimenez, etc....even a Hi-Point has a firing pin block. Some people will also remove the firing pin block from a gun that has it because they feel it's something else that can go wrong when you need it to work most. This will effectively make the gun no longer "drop safe".
@watcher - I didn';t know the details - thanks for adding them.
Â
"supposed to be" and "actually are designed to be drop proof" are too different things unfortunately.
Â
Â
The guy had firearms, his girlfriend is a felon, I wonder if these guns were meant for protection or for committing a crime... In any case, they are both responsible.
really? he's had a gun for the 21 years I've known him. And he's only been with her for 9. Pretty judgemental of you. To hold her past against them.
@McArthur It is also the fact that they apparently had another gun on a table when the police arrived. I keep the "I wonder..." regarding the purpose of the guns, because what I read makes me wonder that. The past of the people is also used by police and justice too. Regarding the "they are both responsible" I must apologize, I should have said that it seems to me they are, but they are innocent until proven gulity and justice will have to do its work.
Always room for another mistrial when it comes to stupidy...
He deserves to get charged with something ... I don't know what though. He was stupid enough to leave a gun accessible to children. For that alone, he needs to be punished. I am 100% for the right to own and bear arms, but along with this right is a responsibility to handle them properly.Â
 @The WA Mama I agree he should be charged with something since he was not legally able to posses a firearm. However, I don't believe he was responsible for the gun going off. If you loan your car to your child and he/she wrecks and kills someone (God forbid) are you responsible? Even if you do not have a license and you shouldn't be driving. Just a theory for debate, not defending anyone.
@cm257n7 If your child is under 18 and they get into a car accident, legally, financial responsibility falls back onto the parents.
@cm257n7 If the parents were deemed negligent, then yes.
 @The WA Mama  @cm257n7 Yes, FINANCIALLY, but criminally?
In this case, the boy was clearly underage. He was not allowed to carry. Yet the boyfriend and/or Mother made it possible for him to get this gun. They also did not report it missing, as there was a 2 or 3 day period between the theft of the gun and the shooting.
Â
Oh and if you loan your car to someone who does not have a license, YOU CAN be held liable for the accident.
You guys are misinformed. He IS legal able to posses a firearm. Jamie, the childs mother cannot legally posses a firearm. She is a felon, he is not. He shouldn't be charged with assault. IF anything, negligence.
 @ParklandMac Were they even aware the gun was gone? And actually I was saying if I loaned my car to my child even though I personally did not have a license to drive.
 @The WA Mama Should just get a reckless endangerment charge and then forced to pay all  medical costs of the girl that got injured.
If you own guns, keep them out of reach of kids, pretty simple.
The guy owns the gun, he is responsible for the gun.
Â
Gun owner want charges dropped?  The gun owner should loose his right to carry a gun or leave it in the hands of a felon.Â
Â
The Marysville  cop had a mistrial and may  or may not face the judge again. So if this guy goes before a jury of his peers and gets a not guilty- fine.
This comment has been deleted
 @the unvarnished truth Has NOTHING to do with the age of the child! NO child should be able to get control of his parent's or guardian's or any other adult's firearm without explicit permission of that adult. If the adult owner of the firearm has not properly secured the firearm, that is HIS or HER responsibility, and NOT exclusively the responsibility of the minor child or whatever age.
QUIT MAKING EXCUSES!!!
That said, I will agree that the recklessness of the Marysville cop is much more egregious than the negligence of this "man": we know that the cop had extensive training in firearm safety and law (at taxpayer expense no less!) and that he DID know better... yet still acted recklessly.
As for this guy, he left his firearm unattended in the home of a convicted felon: at the very least he should be charged with "supplying" that firearm to that convicted felon - as well as with reckless endangerment with respect to the child!
 @the unvarnished truth Correct me if I'm wrong. The girlfriend is a felon and he left a his gun in her house on a table out in the open-LOADED!
Â
9 year old's brains may know what is right or wrong but does not comprehend consequences. He may have known not to take the gun but did not know he would shoot someone or that the loaded ready to fire gun would go off.
Â
As for the cop, I think he paid a heavy price and I'm a little okay with the mistrial. No sense in dividing this family further.
@snoopy84 @the unvarnished truth no. It was in HIS house. in HIS bedroom
I believe that if you own a firearm and have children in your household, you should teach your kids about guns and the consequences of handling them incorrectly. This all probably could have been avoided if the guy educated the boy about it.Â
I'm glad the kid learned his lesson (hopefully), though.
It is the mother's home, the mother's child and she was a felon who could not be in possession of guns. Â There is no way she should have ever allowed the gun anywhere near her home or children. Â Cutting a deal with her so the cops can go after a man is total bull. Â He did nothing wrong. Â This case just further erodes the faith people once had in law enforcement. Â
 @Patches Pal It was his gun, so it was HIS responsibility not to leave it unattended and ESPECIALLY not to leave it unattended in the home of a felon! The mother did not bring it into the home, and she was prohibited by law to even pick it up to remove it from the home! It was the idiot d..k who followed her home who brought the gun and then left it unattended and fully loaded for a child to find. End of story.
It you own a gun, it is YOUR responsibility to ensure that it is stored safely. Otherwise, you should be liable to charges that if proved in a conviction will remove the opportunity to repeat that error ever again!
 @Patches Pal I disagree. It was his gun. Leaving it around children in a private house is no different than leaving it on a bench in a park.  Either it should have been on his person or it should have been in a safe.  I grew up with gun safety completely ingrained because my mom was a cop and my dad was a collector.
 @quidproquo I also fully agree. I am not sure this charge is the right one - I fear it might be hard to prove, resulting in a mistrial or acquittal. I doubt that an assault charge would stick for a gun left on a park bench either, but I suspect that other charges such as reckless endangerment or simply specific charges about not securing a firearm would hold. This is what needs to be pursued. Also, the gun owner needs to have his b..ls sued off.
@quidproquo - I will wholeheartedly agree.
Â
I was taught 'a bit about gun safety' by my Dad - who taught me what he knew.
Â
I was 'fully trained' in gun safety in the Marine Corps. I swear that my senior drill instructor would rise from his grave and hunt me down if I EVER failed in my pistol/rifle training (and I'd swear he'd do it even if wasn't in his grave yet!).
Â
And I 'indoctrinated' my kids into the same level of gun safety that the Marine Corps did to me from the time they were old enough to know what a gun was. My oldest son recently told his friends that I would slap him down hard core AND take away his guns if he ever slipped up with gun safety.... And he's 26.   (although he doesn't really get it when it comes to cleaning them - his friend got him to believe that leaving it oily is right... arrgghhh.)
Â
Â
Â
@Patches Pal very well stated!