Court rejects appeal in Bremerton school shooting case
TACOMA, Wash. (AP) - A district Court of Appeals has ruled that Kitsap County prosecutors can continue their case against a man accused of providing access to a gun to his then-girlfriend's 9-year-old son, who then brought the weapon to school.
The gun accidentally went off at the school in February 2012 as the boy reached into the backpack, critically injuring fellow student Amina Kocer-Bowman.
The boy told investigators he had taken the gun off a dresser at the man's home. He said there were other unsecured firearms in the Allyn home of Douglas Bauer, a statement police confirmed during a search of the home.
Bauer is charged with third-degree assault in the shooting. Defense attorney Wayne Fricke has argued that the case shouldn't proceed, because Bauer did nothing to cause the assault.
Kitsap County Deputy Prosecutor Jeremy Morris has said that if the third-grader hadn't had "unfettered access" to firearms, the shooting at Armin Jahr Elementary in Bremerton wouldn't have happened. Fricke argued that allowing the case to proceed could set a dangerous precedent.
The Kitsap Sun reported that appeals court judges Joel Penoyar and Jill M. Johanson voted to allow the charge against Bauer to proceed. Courts are able to discern the difference between allowing a child access to, for example, a butcher knife or a hand grenade, they wrote in the decision released Friday.
The viability of such cases would be evaluated on whether the parents' actions were "at least a gross deviation from a normally careful person's conduct," the judges wrote.
"We are told that this decision will open the floodgates to charges against innocent parents for the unanticipated criminal acts of their children where the parents' only fault was in failing to totally secure an item that could potentially be dangerous," the judges wrote. "We do not anticipate such a flood."
Retired judge C.C. Bridgewater, a guest on the panel that heard oral arguments in the November appeal, dissented.
"Even in the face of tragedy, this is a case involving potential criminal liability and imprisonment," he wrote. "As such, we are bound to strictly construe the law, not to stretch it to fit the exigencies of the situation."
Bauer will appeal the ruling to the state Supreme Court, Fricke said. If the Supreme Court doesn't overturn Friday's decision, the case will return to Kitsap County Superior Court for a jury trial.
State law says someone whose criminal negligence "causes bodily harm to another person by means of a weapon or other instrument" is guilty of third-degree assault." If convicted of the felony Bauer faces a possible maximum of five years in prison and would be prohibited from owning firearms.
Kocer-Bowman underwent multiple surgeries. The bullet from the shooting remains lodged in her spine.
The outcome of the Bauer case has ramifications for other cases pending around the state, including that of the 3-year-old who shot himself in the head after finding a gun in a car at a Tacoma service station. The boy was riding with his mother and the gun owner, who were charged with manslaughter.
The gun accidentally went off at the school in February 2012 as the boy reached into the backpack, critically injuring fellow student Amina Kocer-Bowman.
The boy told investigators he had taken the gun off a dresser at the man's home. He said there were other unsecured firearms in the Allyn home of Douglas Bauer, a statement police confirmed during a search of the home.
Bauer is charged with third-degree assault in the shooting. Defense attorney Wayne Fricke has argued that the case shouldn't proceed, because Bauer did nothing to cause the assault.
Kitsap County Deputy Prosecutor Jeremy Morris has said that if the third-grader hadn't had "unfettered access" to firearms, the shooting at Armin Jahr Elementary in Bremerton wouldn't have happened. Fricke argued that allowing the case to proceed could set a dangerous precedent.
The Kitsap Sun reported that appeals court judges Joel Penoyar and Jill M. Johanson voted to allow the charge against Bauer to proceed. Courts are able to discern the difference between allowing a child access to, for example, a butcher knife or a hand grenade, they wrote in the decision released Friday.
The viability of such cases would be evaluated on whether the parents' actions were "at least a gross deviation from a normally careful person's conduct," the judges wrote.
"We are told that this decision will open the floodgates to charges against innocent parents for the unanticipated criminal acts of their children where the parents' only fault was in failing to totally secure an item that could potentially be dangerous," the judges wrote. "We do not anticipate such a flood."
Retired judge C.C. Bridgewater, a guest on the panel that heard oral arguments in the November appeal, dissented.
"Even in the face of tragedy, this is a case involving potential criminal liability and imprisonment," he wrote. "As such, we are bound to strictly construe the law, not to stretch it to fit the exigencies of the situation."
Bauer will appeal the ruling to the state Supreme Court, Fricke said. If the Supreme Court doesn't overturn Friday's decision, the case will return to Kitsap County Superior Court for a jury trial.
State law says someone whose criminal negligence "causes bodily harm to another person by means of a weapon or other instrument" is guilty of third-degree assault." If convicted of the felony Bauer faces a possible maximum of five years in prison and would be prohibited from owning firearms.
Kocer-Bowman underwent multiple surgeries. The bullet from the shooting remains lodged in her spine.
The outcome of the Bauer case has ramifications for other cases pending around the state, including that of the 3-year-old who shot himself in the head after finding a gun in a car at a Tacoma service station. The boy was riding with his mother and the gun owner, who were charged with manslaughter.
"Dangerous precedent"??? Since when is holding ADULTS accountable for their acts of recklessness a "dangerous precedent"???
Whats wrong with this picture. Douglas Bauer is fighting for his life in the legal system. Yes it was an unfortunate accident what resulted and pray the little girl continues to improve.Â
Meanwhile Marysville cop, Officer Derek Carlile a presumed gun handling professional leaves a loaded gun with his children in a motor vehicle. One child picks up gun and blows the siblings head off and prosecutors who dummied down their case, quickly thereafter dismiss charges after a mistrial. In both cases a child is said to have "unfettered access" to a firearm, yet the prosecution is as different as night and day.
@BuddyHolly Douglas Bauer has two problems:
1. He's a convicted felon with no right to own a gun, but did so anyway and as a consequence a child was shot; andÂ
2. He owned an unsecured, loaded handgun in a house with young children and [surprise!] as a consequence a child was shot.
I'm from a family of shooters and fired my first gun when I was 9 years old. From Day 1 I was taught that the owner of a gun is responsible for whatever happens with that gun for good or ill, no matter who was using it. Every bullet has a lawyer attached to it and, just like lawyers, they have no conscience. They go where the shooter aims them.
I agree with you about the Marysville Carlisle case, but Douglas Bauer is the author of his own misfortunes and deserves his charges.
@svensson Might want to fact check your post there, Statement #1 is false.
@DarkParty @svensson You're right. It's the mother that's the felon. My bad on that. However, felons aren't allowed to live in a home with firearms in it, so there is a parole violation there vis-a-vis the mother.
And the most serious charge, that he left a loaded handgun unsecured in a house full of children is valid and one that Bauer is legitimately being called to answer for.
@BuddyHolly There's nothing wrong with the picture. Derek was charged, just like they've decided to charge Bauer. I don't see any difference. The jury was responsible for the mistrial, and a mistrial can also happen here.
@BuddyHollyHe also lived with a convicted felon (his girlfriend) who was not to have firearms in her home.
A child is suspended from school for biting his poptart and it looking like a gun, and this boy brings a real, loaded gun to school, shoots someone (by accident) and gets praised!
the judge praised the boy for , "...and even possibly testifying against his own mother and her boyfriend."
so that is what gets praise from the government... snitching on UR parents? Â wow!
@Sissy Since when is telling the truth 'snitching'? A snitch is someone who sells information to the police, an informer. This boy was asked a question and [shock of shocks]... HE TOLD THE TRUTH! If you want to find out 'what's wrong with America today' you need only look at people who berate a child for doing something we try and teach our children to do.
@Sissy Hey, they're on a rampage to make SOMEONE guilty every-time a crime is committed... they have to pin it on someone. I know it's stupid, but they leave no crime un-accounted for, even if the person is wrongfully accused (hence the big news about that this week), they don't care. Shows our govt's character for ya. The only people they care about are their own family members, that's it. It's a totally twisted crooked conspiracy.Â
@keepthepeace28Â @Sissymy dad told me about these guys in germany, i think he called them brown shirts or something. Â they had kids spying on parents and all kinds of crap. Â scary stuff, kind of like when the school asked me all kinds of questions about my home life. Â i told them to f-off and call my dad if you want to know something... they never did.
I find it unfathomable that Mr. Bower or the boy's mother would leave loaded weapons (plural) lying around with a 10 year old in the house. They should both be found guilty. Because they are.
@Thunder A very large portion of our populace grew up with firearms in the house, with NO issues arising from that fact whatsoever. We were taught to treat firearms with respect, and learned to shoot at an early age. This ruling (which I hope gets over-turned eventually) is too fraught with potential legal abuse.
People need to check their emotions at the door when making laws/rulings that can affect others in a very harmful way. Emotions have NO place in law-making, because frequently the end result has many unintended consequences.
@ThunderÂ
I am now 68 years of age. My father ALWAYS had loaded firearms in
the home. There were Cougar, and even the occasional Black Bear near
our property. We were taught gun safety from the time we were able
to understand. I was given my own rifle at age 11 because of anÂ
encounter I had with a Bobcat while playing in the woods. It is not the
gun that is the issue, but the fact that apparently no rules laid out
for the youth to follow. I have owned firearms for over 57 years
now. My own daughter (now 25) was taught about firearm safetyÂ
from the time that she could understand what I was saying.Â
This Douglas Bower creep sounds like a classic, far-left Obama supporter. He wants to be able to go on a crime rampage but face no legal consequences. Sorry, Doug. Can't do the time, then don't do the crime.
@Whobeke uh, he left during the investigation to go to a NASCAR race. He is all yours. A proudly ignorant gun loving Republican.
@Whobeke What an inane comment.
@Whobeke I heard he voted for Nader. Twice.Â
This is great news. Enough is enough. It's time to start making these responsible gun owners pay when they blatantly reject common sense.
@lakeview In what way was this idiot a "responsible" gun owner? Leaving loaded weapons around children is very irresponsible.Â
@Nic Stevens @lakeview I'm just being ironic. Obviously he's not responsible.Â