Charges Against Civil War Reenactor Dismissed

[Shantyman]

ISLE OF WIGHT------A judge has dismissed a firearms charge against Confederate re-enactor Joshua Silva, who accidentally shot a man portraying a Union soldier during a mock Civil War battle at Heritage Park last year.

http://www.dailypress.com/news/dp-local_reenactor_0918sep18,0,1848886.story

Mods, This Thread was posted for informational purposes and polite discussion, not a heated argument about the US Judicial System. If this becomes a problem please remove. Please move if this thread is in the wrong forum.

[gilham]

Re: Charges Against Civil War Reenactor Dismissed

So because they did not do a safety inspection he is off the hook? Thats is what I am getting from the article. I wish I wasn't responsible for my own actions.

[MomKelly]

Re: Charges Against Civil War Reenactor Dismissed

just brings to mind.. what my dad always said, it was the "unloaded" gun that'll hurt you.

We were taught to inspect any wepon when you laid your hands on it. If you picked it up and you didn't check to see if it was loaded and dad caught you.. even if he handed you the wepon himself.. there was He!! to pay..

dad was VERY strict about that. ... seems on some level Dad may have been right on that point. Ya Think!

Catherine Kelly

[briangauthier]

Re: Charges Against Civil War Reenactor Dismissed

I leave a mosin-nagant and my musket around my house all the time. Whenever I have someone who wants to hold them or even look at them, I always teach them how to inspect them properly to be absolutely sure something hasn't happened when I wasn't looking. This is ridiculous. People need to be responsible for those under their command. Anyone know why this guy was shooting during the final hurrah anyways? Seems like a time to stop shooting, not aiming at the guy hurrahing. Any news?

[Gary of CA]

Re: Charges Against Civil War Reenactor Dismissed

He was guilty of negligence, but not of any malicious conduct. He is still liable civilly.

[508preach]

Re: Charges Against Civil War Reenactor Dismissed

You know, a pistol with live rounds and a pistol with blank rounds have a noticeable difference in weight. I find it hard to believe this guy didnt know it was loaded with rounds.

[PogueMahone]

Re: Charges Against Civil War Reenactor Dismissed

So because they did not do a safety inspection he is off the hook? Thats is what I am getting from the article. I wish I wasn't responsible for my own actions.

No, he paid $1,200 restitution and took a firearms safety course as ordered by the court and in return the charge was dropped.

This is similar to local courts sending speeders to driver safety courses in exchange for dropping the charge.

This raises the question: Who loaded this weapon? What civil liability does that person have?

Someone from the production company had a good lawyer that convinced that judge that the reenactor coordinator was ultimately responsible for safety inspections.

Considering all that has been said here and other forums about the inadequate police investigation, it sounds like the police take their cues from the courts in this jurisdiction.

[kb35]

Re: Charges Against Civil War Reenactor Dismissed

It seems as if the people running the event and responsible for safety checks of the weapons should be held accountable to some degree. Hence the phrase "required safety checks" Ultimately the guy w the gun bears the most responsibility but it seems as if the ball was dropped on many fronts in this situation.

[Craig L Barry]

Re: Charges Against Civil War Reenactor Dismissed

I did an interview with the shooting victim, Tom Lord of Suffolk, VA, for Civil War News. Tom is a retired NYC cop. The local prosecutor did not believe the shooting was intentional "because the two men did not know each other." Ergo, it had to be "an accident." There are a few details about the nature of the shooting that are suspicious:

1. Silva's contention that he did not know the gun was loaded is easily disproven. As pointed out earlier, there is a noticeable difference in the weight of the revolver when loaded v. unloaded. And second he may have forgotten it was loaded, but black powder revolvers "load a mite slow." It did not load itself. This was not a weapon he borrowed from somebody, but his own revolver. He loaded it at some point in time, put the lead balls right on the charge in each of the six chambers and pressed them in place with the loading lever.

2. Silva took off immediately when police arrived. And he was allowed to do so. They call this concept "evidence of knowledge of guilt." You know, like OJ in that white bronco with a fake beard and a bag of money...At a film set full of men reenacting a Civil War battle armed to the teeth, the police concluded it had to be an errant shot from a deer hunter in the woods some distance away. Lord had to insist that police look at the film and determine who was firing their weapon at the time (it was during a cease fire). Lord had to save the bullet they pulled out of his shoulder and give it to police for a ballistics check. The police told him it was unnecessary as "all Civil War weapons are smoothbores." Lord had to educate them on that particular fine point, too. When the police knocked on Silva's door, he feigned surprise that he had shot somebody. The bullet was checked and matched with Silva's revolver, of course. Given the way a .44 black powder revolver kicks when live fired with lead ball v. blanks, it is very difficult to believe that if Silva would not have realized it was loaded...And if he did not know he shot the guy, why did he take off when police arrived?

The facts seem fairly straightforward. They paint a pretty clear and disturbing picture. However, local law enforcement in Isle of Wight county so botched the investigation from the start that more appropriate charges for the crime could not be filed because they could not be proven in court. Hence, the prosecutor let Silva cop a plea and the judge took it easy on him. Silva took the gun safety class, paid the hospital bill, and walked. Crazy given the facts, but true.

[lojafan]

Re: Charges Against Civil War Reenactor Dismissed

This is rather shocking. I dont see how someone could be so irresponsible, shoot and could have killed someone, and gets to walk more or less with no punishment other than monetary. I think that man should have been kicked out of his unit for being unsafe and avoided like the plague. Just my .02

[English Doc]

Re: Charges Against Civil War Reenactor Dismissed

I think that man should have been kicked out of his unit for being unsafe and avoided like the plague. Just my .02

SHOULD?..You mean he hasn't been? He's still running around?

[lojafan]

Re: Charges Against Civil War Reenactor Dismissed

Mr Pettengale,
I could not say if he has or has not been, but as far as I am concerned he is still out there. "Fool me once shame on you, fool me twice shame on me."

[Tom Dodson]

Re: Charges Against Civil War Reenactor Dismissed

Firearms safety is each individual's responsibility. Whether there was a weapons inspection or not, the shooter should be held accountable for his actions.
If he had pulled a Beretta 92FS in a shopping mall, aimed at someone and pulled the trigger, would he have been able to walk away?
I see no difference. There are no firearms "accidents". There is only firearms negligence and carelessness.
Tom Dodson

[MomKelly]

Re: Charges Against Civil War Reenactor Dismissed

What worries me about kicking him out.. is where he will land. you know some unit out there will pick him up...

would be nice if there was a way to keep him or individuals like him out of the hobby... don't know the answer.. but just kicking him out just means he lands somewhere else. and that is a concern to all of us.

[DOC1861]

Re: Charges Against Civil War Reenactor Dismissed

Having also myself been on the receiving end of a .44 at an event by a 12 year old with a pistol that was only 12 feet away amazes me about safety. This happened almost 18 years ago and still causes me problems today. It seems that at no time during this event was an inspection ever performed. If this was truly an accident and the "wrong" cylinder was put in, any right thinking re-enactor I think would keep cylinders for the field and live firing separate just because of this possibility. What is really scary is to think that Silva has done this at least once that we all know of, had he done it before or since? I know in my unit if your rifle has ever been live fired at any point it stays at home and doesn't come onto the field.