My 2 cents worth...
I laughed till I cried reading through all the threads here...
Here are the definitions as I see them:
Accident:
Spilling your coffee on your lap. Although, this could be considered negligent because you were the idiot who put the cup in the way of your arm and didn't bother to pay enough attention to where it was.
Negligent:
Nearly shooting someone for not following the four cardinal rules.
If your finger NEVER touches the trigger until you have a firearm pointed safely at a target with a reasonable backstop, there is no negligence.
Now, thank God she observed one rule:
She did keep the weapon pointing safely.
Too often I've seen live coverage of police and ATF with everything from revolvers to fully automatic weapons locked and loaded with a finger on the trigger and pointing right at the guy next to him...
"The gun was posessed!"
I don't even know where to begin on that one...
:banghead:
What kind of training they must have!
It's gotta take a ton of skill to be able to carry a posessed handgun!
I'm impressed.
Usually one only sees posessed people, animals and toys... ROTFLMAO
Last time I checked the dictionary that I use, Merriam-Webster Online:
Main Entry: pos·sessed
Function: adjective
1 a (1) : influenced or controlled by something (as an evil spirit or a passion) (2) : MAD, CRAZED b : urgently desirous to do or have something.
Unless you believe that an evil spirit was in control of that weapon, then by any definition of her actions, she was negligent.
If there is one thing I've learned in my short time here on earth:
"Safety is no accident"
No matter what, if I shoot someone, or cause someone to be hurt by my firearm discharging, and if I was to say it was an accident because it was unintentional I'd be right. However, I would also be negligent, regardless of the circumstances.
If she came running up, carrying the weapon safely, slipped on some coffee that a fellow officer had unintentionally spilled, fumbled her firearm while trying to stop her fall, and in so doing, touched the trigger, or if the live weapon just happened to drop or hit the pavement in such a way as to allow the firing pin to contact the primer with sufficient force, then maybe, just maybe, that would be considered an accident...
The way my dad taught the four rules to me:
1 It's always loaded. Even if you just unloaded it.
2 Watch out for the muzzle. If there's ever any doubt, refer to rule #1
3 NEVER touch the trigger unless you want the gun to go off.
4 Know what you are shooting at before you shoot, and be certain that what's up to a mile behind it can withstand a bullet if you miss.
jim