Man accidentally kills pregnant wife while cleaning gun

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bdickens
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Re: Man accidentally kills pregnant wife while cleaning gun

#16

Post by bdickens »

Hmmm...
Ever notice how the people who have these "accidents" almost always have criminal histories and almost always violent ones at that?

Not that that means anything....
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Excaliber
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Re: Man accidentally kills pregnant wife while cleaning gun

#17

Post by Excaliber »

Ever notice how the people who have these "accidents" almost always have criminal histories and almost always violent ones at that?
The really strange thing is that none of the really smart super investigative reporters ever seem to notice that. I wonder why that is.
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O6nop
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Re: Man accidentally kills pregnant wife while cleaning gun

#18

Post by O6nop »

I'm curious as to what kind of gun it was, though it matters little given the outcome.

Based on the neighbor's comments...it sounds like maybe it's a rifle... ?
Neighbor and gun owner Joseph Lowe said the tragic incident could have been prevented.

"Before I even pick it up, the first thing I do is check the magazine to make sure that it is empty. I try to keep the breech open while I'm cleaning it, that way it can't fire," he said.

According to the sheriff’s office, only one bullet discharged. It first struck the husband in the hand and then his pregnant wife in the stomach.
If it were a pistol, you would remove the magazine and rack the slide. How do you shoot yourself in the hand with a rifle? It would have to be a semi-auto, it's easy to keep the breech open with a bolt-action or lever-action, isn't it? If it were a SA, I'm sure they would mention it as an "assault weapon".

Possibly a revolver...

:???: :???: :???: :???: :???:

Somebody straighten this out for me, it makes no sense!
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numbers like: 9, .22, .38, .357, .45, .223, 5.56, 7.62, 6.5, .30-06...
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Excaliber
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Re: Man accidentally kills pregnant wife while cleaning gun

#19

Post by Excaliber »

I'm curious as to what kind of gun it was, though it matters little given the outcome.
This news report says the weapon was a "small pistol, and suggests investigators are leaning toward accepting the accident theory.

http://www.wctv.tv/home/headlines/24237894.html

According to the news link provided by old farmer, the shooter in this case is a convicted felon who isn't supposed to have any guns. He also reportedly has 2 gun related convictions since his first felony in 1992 (1 for possession of a gun by a convicted felon). Instead of trying to come up with exotic theoretical contortions for an accident scenario, I'd have to at least consider the possibility that he deliberately aimed at his wife and placed a part of his hand between the weapon and his intended target as he fired with the intent of claiming that a deliberate homicide was actually an accident. It's an interesting case. Stay tuned to see what the investigators who examined the scene, interviewed the subject, and have the full set of facts come up with.

From a prosecution standpoint, it should be automatic to charge him with possession of a firearm by a convicted felon again. If intent to kill can't be proven, I wonder if Florida law would allow a charge of criminally negligent homicide based on wantonly unsafe conduct with a weapon the shooter knew he wasn't supposed to be in possession of, even if intent to kill can't be proved. If the case made it to court, with a prior conviction for possession of a firearm by a convicted felon and a repeat of the same conduct leading to death in this case, a jury probably wouldn't be overwhelmed with sympathy and, with a little luck, we might be spared another time around the revolving door of justice with this serial offender.
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WildBill
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Re: Man accidentally kills pregnant wife while cleaning gun

#20

Post by WildBill »

Excaliber wrote:I'd have to at least consider the possibility that he deliberately aimed at his wife and placed a part of his hand between the weapon and his intended target as he fired with the intent of claiming that a deliberate homicide was actually an accident.
from old farmer's post wrote:Very quiet guy, soft spoken, a very nice fellow, charged with a felony for forging a passport in 1992, possession of a firearm by a felon in 1997, caught with a gun while soliciting a prostitute, shooting his pregnant wife in 2008
Bingo! :tiphat:
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mr.72
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Re: Man accidentally kills pregnant wife while cleaning gun

#21

Post by mr.72 »

here let me fix the story...
Man With Multiple Felonies Kills Wife and Unborn Child With Illegal Gun

ORLANDO, Fla. — 39-year-old Enio Abreu, twice convicted of felony crimes and repeated weapons convictions, fatally shot his pregnant wife and her unborn child in their Orlando-area home. She was six months pregnant. Police have filed murder charges against Abreu, who claims to have accidentally fired the gun while cleaning it.

The bullet struck 39-year-old Enio Abreu in the hand before hitting in his wife, authorities said.
And then a year from now, the follow-up story:
Orlando Man Convicted on Two Counts of Murder for July Incident

ORLANDO, Fla. — 40-year-old Enio Abreu was convicted of two counts of murder for a 2008 incident in which he fatally shot his wife and unborn child in his Orlando home. Abreu's defense claimed that he was cleaning the gun at the time of the murder, however due to his previous felony convictions, possession of a firearm constitutes the commission of a felony. Abreu was found guilty of killing his wife and unborn child while in progress of commission of a felony, which is murder regardless of intent, jurors agreed.

Sentencing hearings begin on Tuesday,and the prosecutors are requesting life without the possibility of parole for Abreu, in light of his repeated felony convictions.

In a press release, NRA spokesman Wayne LaPierre applauded the jury's finding, noting "...this case demonstrates clearly that we only need to enforce the gun laws already on the books, and keep guns out of the hands of career criminals."
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Re: Man accidentally kills pregnant wife while cleaning gun

#22

Post by O6nop »

This news report says the weapon was a "small pistol, and suggests investigators are leaning toward accepting the accident theory.
Thanks, Excaliber, for that added info, it still doesn't explain to me the neighbor's cleaning methods, unless he was just wiping it down and not field stripping it.
I believe there is safety in numbers..
numbers like: 9, .22, .38, .357, .45, .223, 5.56, 7.62, 6.5, .30-06...
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Excaliber
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Re: Man accidentally kills pregnant wife while cleaning gun

#23

Post by Excaliber »

Thanks, Excaliber, for that added info, it still doesn't explain to me the neighbor's cleaning methods, unless he was just wiping it down and not field stripping it.
I agree it's real hard to explain by trying to fit the circumstances into plausible gun cleaning scenarios. With the very limited information we have, it would be much easier to explain as an intentional shooting. We'll just have to wait to see what the investigators come up with. The LEO's down there are pretty sophisticated, and I'd put a lot of faith in their conclusions.
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WildBill
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Re: Man accidentally kills pregnant wife while cleaning gun

#24

Post by WildBill »

I think a lot of "gun cleaning accidents" are not catorgorized correctly. There are only a few things you can do with a gun. 1. Shooting 2. Practice/Training [Dry Firing, Malfunction Drills. Drawing, Holstering, etc] 3. Cleaning and 4. Playing with it.

Would you tell someone that "the gun went off when I was playing with it"? It think that accidental discharges occur from horseplay more often than "cleaning."
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Excaliber
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Re: Man accidentally kills pregnant wife while cleaning gun

#25

Post by Excaliber »

Would you tell someone that "the gun went off when I was playing with it"? It think that accidental discharges occur from horseplay more often than "cleaning."
Your suspicion is very much in line with my investigative experience with ND's. The initial story most often defaults to the cleaning assertion, which is what folks have read and heard about in the news. When they're asked to demonstrate the sequence of movements that led up to the discharge and that information is matched with what's been learned from the forensic evidence, there's usually a pretty significant mismatch. When the significance of this is properly and gently explained to the witnesses (like - can you spell "perjury" or "accessory"), the real story usually emerges.
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"An unarmed man can only flee from evil, and evil is not overcome by fleeing from it." - Jeff Cooper
I am not a lawyer. Nothing in any of my posts should be construed as legal or professional advice.
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