I shot a copperhead in my backyard a few weeks ago. My neighbor filed a charge of reckless endangerment against me and I've been arrested. I signed a signature bond and was released. There was no one in any type of danger. I identified my target and what was behind it (the ground), it's not illegal to discharge a firearm in my county of residence. The neighbor didn't see me shoot he was in the front of his house on the front porch. He just heard the shots and didn't even come ask me what was happening. The investigating deputy seemed OK with my explanation and told me everything was fine. Now I'm faced with find a lawyer and paying money I don't have to defend myself. I'm retired and living on a fixed income can anyone recommend anything to help.

Did you take a photo of the dead snake? If not, where is the carcass? You will need something to show the judge just why you were shooting your gun that day. In court at your arraignment you can ask the Judge to appoint a Public Defender on your case if you do not have the funds for a private attorney.

What was the line of sight, what was behind the area you shot at.

If the shot went toward a building, the charge may be valid, so you will need to prove there was no danger, photos, and more of the area where the shot occurred

Rule 4: Identify your target and what lies behind it. I was trained to shoot accurately and safely. My dad and grandfather drilled safety into my head almost sixty years ago now and my DI was nice compared to them. There are no pictures and the carcass was disposed of before the officer ever arrived. I didn't want the dogs getting into it. I never expected a problem. New neighbor lived in the city all his life and doesn't know how folks around here deal with pests. He still doesn't understand that raccoons love to tear open plastic garbage bags that are left sitting on the side of the road (he blames "wild dogs"). I'm in a rural area, heck my last neighbor shot clay targets off his deck. I've never been arrested before, fortunately the people at the jail thought this was ridiculous so I was in and out in about 15 minutes. I have a court date in August but I don't know what to expect. I guess I need to cough up the savings and hire an attorney.

Hello j:

Couple things. The neighbor simply called the cops, which is not an unusual occurrence when one heard gunshots. The COPS, however, are the bad guys here. THEY'RE the ones who are pressing criminal charges against you - NOT the neighbor.

I'd get me an attorney.

excon

No the cops are not the ones pressing criminal charges. The cop said I had every right to shoot the snake and left. The neighbor went to the magistrate and pressed the issue, the magistrate issued a warrant. The arresting officer didn't know the specifics of the incident and was surprised that the magistrate would issue a warrant for the incident, especially given the location of my property. I haven't been given a copy of the complaint and seem to be getting the run around when I call the courthouse trying to get documentation. I've scheduled an appointment with an attorney for next week. I'm taking pictures of the area today to give to the attorney. Any chance a DA can dismiss this before a trial is necessary or is that just wishful thinking. Thanks for all your input.

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Originally Posted by jbatts1957

No the cops are not the ones pressing criminal charges. The cop said I had every right to shoot the snake and left. Any chance a DA can dismiss this before a trial is necessary or is that just wishful thinking. Thanks for all your input.

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Hello again, J:

Two things: (1) YES, it's absolutely the COPS and the PROSECUTOR. THEY make the decisions about who to prosecute - NOT the victim. (2) Do I think the prosecutor will drop the charges?? Read number one again.

excon

That just SUCKS! They tell me I did noting illegal but now they are prosecuting me? I guess they think the copperhead is the victim, the next one goes into someone's truck bed, let's see how they feel about poisonous snake's then...