A Juneau man has been charged with felony assault after accidently shooting his brother in the leg as they were driving home from a gun range in December.
The district attorney’s office charged Seth B. Bingham, 32, with one felony count of second-degree domestic violence assault and one misdemeanor count of misconduct involving weapons.
The charges have incensed and perplexed the family, who say their family has suffered enough.
“This is absolutely tragic,” the boy’s father, Boyce Bingham, said in a phone interview Friday. “Everybody, including the legal system, is a loser in this thing — family devastation, loss of limb, dignity, self-respect.”
As the Empire reported earlier, the two brothers were driving home from a day at the Hank Harmon Rifle Range when Seth disassembled his pistol in the truck. A round went off, striking Joseph “Joe” Bingham, 27, in the femoral artery in his leg.
Joseph was taken to Bartlett Regional Hospital then medevaced to Harborview Medical Center in Seattle, where his right leg was amputated above the knee as a result of the accident.
The shooting has taken an enormous toll on both brothers, Boyce said.
“Why the district attorney thinks that it’s important to pursue this in the interest of public justice or to ensure the law has been represented, I think is categorically wrong,” he said. “The amount of stress this has placed on Seth’s family, as he internalizes it, is horrible. It’s had a negative effect on his life, our life, the life of his family, our relations. ... Joe and Seth have a great relationship. It’s very difficult for Seth to see his brother hobble around on a crutch.”
Both Seth and Joseph declined to be interviewed on Friday. District Attorney David Brower refused to comment, saying, “I’m not going to discuss any pending case or why charges were brought. I’m not going to discuss my decision making.”
According to an affidavit filed by Brower, Seth told police in an interview that the pistol was a new weapon to him, a Springfield XD without a traditional external hammer, and that he thought he had taken the magazine out.
“Bingham stated that he thought he had taken the magazine out and ran the slide to unload the barrel, and then pulled the trigger to release the pressure in the gun,” the affidavit states. “... Bingham stated that in order to separate the top from the gun frame and lower portion of the gun, you have to lift up two pins on order to release the slide and take it apart. However, you cannot lift the two pins without releasing the trigger. Bingham stated that he pulled the trigger and the gun went off and that he had his hand over the ejection port when the gun went off,” the affidavit states.
When Joseph was hit, Seth immediately stopped the truck, made a tourniquet to place around Joseph’s leg to stop the bleeding and called 911.
Juneau Police Department and medics met them at Floyd Dryden Middle School.
Boyce said that Seth bought the pistol the same week of the accident.
He added that Seth’s quick actions saved Joseph’s life, saying that when a femoral artery is severed, people can die within minutes.
“Seth shot Joe, but Seth also saved Joe’s life,” Boyce said. “He acted appropriately. He knew exactly what needed to happen.”
Charges were leveled against Seth last month, and he is scheduled to appear in court for a status hearing in the case on March 8.
As the case continues, Boyce says both his sons are trying to move on with their lives. Joseph, for instance, was married on Saturday.
“Everybody’s trying to get on with our lives, put this behind us,” he said. He described the shooting as being a careless human mistake, and said, “I’m not blaming the legal system for all of our woes, but for heaven’s sake, it doesn’t make sense to press charges... There is such a thing as mercy, there’s a way of handling malicious intent versus accidents.”
• Contact reporter Emily Russo Miller at 523-2263 or at emily.miller@juneauempire.com.
Comments (53)
Add commentNot understanding Brower
I don't understand Brower's thought process on this one. This family has been through enough already!
Crime down in Juneau?
Is this an indication that crime is down in Juneau and Brower has to cast about to find work to do? First the sexting "crime," and now this.
Good luck with prosecuting, Brower, particularly if the brother refuses to testify for the prosecution.
District attorney's wrong.
One can be legally correct while at the same time being morally incorrect. In this instance bringing charges may let the DA put one more notch on HIS gun, but at what cost to the family that has already suffered so much? I would suggest that this action by the DA is totally inappropriate!
With intent, or Knowingly
misconduct involving weapons I can see. There is no reason to even think a felony took place. Fire the DA and get some real Justice for Juneau residents.
What!!!
Seth was driving at the time Joe was shot, and immediately stopped the truck!!! Why was he driving and trying to unload the gun at the same time
I wonder if he disassembled
I wonder if he disassembled his gun in the truck in front of someones house and it went the other direction and shot one of your children, would you think differently about the malicious handling of the gun then? Its totally clear that he did not intend to harm his brother and they have both paid the price for it. It was still illegal to fire the gun in city limits. Not saying right or wrong on the DA's decision.
Very sad
Seth has to live with what happened for the rest of his life. So does Joe. How does saddling Seth with a felony conviction help that family?
What next? Charge Joe with transporting an uncased gun? Or give him a parking ticket for stopping his truck on the road?
I hope Brower has a very sound reason for making the decision he has made...am awaiting his explanation.
Budget
I believe Joe was driving. Seth was the passenger.
Brower should go
THis DA is over reaching his duties. He is making crimes where none exist. Threatening to charge 9 year old girls with felonies, the texting fiasco and now this. By all accounts this was an accident...no more. When Brower said " he wasnt going to explain my decision making" , he proved that he thinks his actions are immune from public and professional sediment and pressure. I dont know how the hierarchy works. But somewhere Brower has a boss and this boss should be looking for a replacement.
Time to Go
Let's see, DA Brower cuts a deal with child rapist and former Public Official Police Officer Brian Ervin, dropping all major charges and offers him 1 to 2 years. During sentencing new victims of Ervins sexual abuse surface so Ervins attorney, not wanting to risk the Judge throwing out the deal because she knows it stinks, and risk a trial in Juneau on all the original charges, convinces Ervin to "volunteer" to to 4.5 years, the Judge accepts it. Amazing!
But the DA is more than willing to charge a man who accidentally shoots his brother while unloading a firearm with felony assault domestic violence? Time for the Juneau citizenry to start a petition to remove the DA. At this point it would not take much. The man is incompetent.
AWARE would be an entity that could get this done easily.
I agree
What kind of a DA would do something like this? We don't need his kind in our town. It was an accident.
Latitude58, read the 12th
Latitude58, read the 12th paragraph!!! sounds like Seth was driving if he stopped the truck!!! Of course you can't believe everything you read in the Empire!!!
Sounds like they charged him
Sounds like they charged him with assault because stupidity is not in the statues.
Considering the information
Considering the information in this article, this is a bad decision.
Sad
AuroraVista - I agree with you. Unless there is more to this story than what is being reported, it's a travesty to charge a brother with a felony for accidentally shooting his brother.
DA, xxxxx
Joseph was driving Seth was the passenger. Now, what can we do to get this DA, A-hole out of office? I agree with the above we don’t need his kind in this town. Anyone with a empty crab pot?
Stop it !
Stop this BS ! Stop it. Stop it. Stop it.
The town court system let a degenerate go that shot a guy in the face ! Zero punishment. They routinely let big time narcotic drug dealers go with a slap on the wrist and time in a half way house.
These are decent people and they have suffered enough. You want to tack a felony - a felony - that will follow a young man around for the rest of his life?
This is beyond the pale outrageous.
I want charges brought against this prosecutor for abuse of office. I want a full investigation and comparison to other charging and prosecuting records for this court system.
The bar association needs to look into this. This DA needs to be disbarred.
Yes - I am serious.
While I share...
...much of the angst regarding the DA that other posters have voiced, I think Tikitime makes a valid point.
If this event had gone down differently and some child in their yard had been killed, many of you would have been calling for Seth's scalp.
Yes, the event was tragic, but Seth's mishandling of the gun was clearly negligent, though the result was obviously unintentional. Were there other factors that haven't been reported? Was alcohol involved? Most of us simply do not know.
Before we stuff the DA in a crab pot, let's acknowledge that he has a thankless job in many cases, enforcing the law even when it's not popular. This is clearly one of those thankless cases.
Nope
Latitude58 - In certain contexts I can appreciate your comments. However, this is not one of them. There is no altruistic record in place to compare or justify this by. A bunch of 'what ifs' don't cut it.
This is a sickly, poor, and cruel decision. It serves no purpose. What's more I believe it deserves disciplinary action from the bar association.
What if?
If this IS a charge that goes beyond what should have happened? Can Brower be sued OUTSIDE the confines of the office? As in "He would have to defend his actions himself?" I see no felony here. Perhaps the family should sue the DA?
Consider it this way
A mother is driving with her child in the car. She's texting while she drives, and has an accident. Her child is terribly injured, and would have died had she not performed first aid.
Tragic? Yes. Negligent? Most would say so. Should she be charged with a crime? Many here would say so. They might not want her to do jail time, but they would want the message sent loud and clear that texting and driving are not going to be tolerated.
How does this case differ from that? Does the DA want to send the message that handling loaded firearms in a moving vehicle are to be tolerated?
Again, I think this family has suffered enough. But perhaps the DA has some basis for his decision. This is a tough call, and no doubt he agonized over it. At least I would if I were in his shoes.
He should let the family plea it down from a felony to a misdemeanor, with no time served and a small fine, and be done with it. Let the brothers get on with their healing.
Note to Latitude58.
As one who did physical damage to my brother 40 years ago, and he still has problems due to the injury I caused. I can tell you that it is lived with every day. No way could a legal punishment compare with what I go through. More pontificating in the manner you espouse does nothing to help in this situation. The DA and everyone else should just let it go and turn everyone’s efforts toward the healing that needs to take place, and for Mr. Brower, it would be a great time for you to simply drop the charges and gain a hell of a lot of community respect!
Well this DA has time for this
Latitude58 - this DA has time for this but doesn't have time to go after the child molester cop after more victims come forward?
And the judge says "I’ve listened to the grand jury proceeding, I’ve written a somewhat lengthy opinion or decision on a pre-trial motion to dismiss the indictment and I’ve observed and listened to testimony last week. And I found, and I want to emphasize under the preponderance of evidence standard which is what applies at this stage in the proceeding, that Darcy Ervin’s allegations are credible based on her testimony last week and her videotaped interviews.”
Stephens was the second judge to find Darcy Ervin’s testimony and allegations credible. Juneau Superior Court Judge Philip Pallenberg also found her to be believable, as did a doctor in Juneau who evaluated her and wrote a
who evaluated her and wrote a psychological assessment."
Yeah doesn't have time...
But has time for this?
Are you going to pay this families lawyers? Then shut up.
Latitude58
"Darcy asked the court in her statement to drop the plea deal to allow the case to go to trial."
And has time for this?
agreed
This DA has made quite a few VERY poor decisions! Let this go - find a lesser, more appropriate charge, and let this family get on with their lives.
bobc & Good
bobc -I don't see any point in punishing Seth for the injury he caused to his brother. Like you, I'm quite certain Seth will be punishing himself for the rest of his life. Nothing the court could possibly do would top that.
But the purpose of imposing penalties for committing crimes isn't only to punish the wrong-doer. It's also to send a wider message that certain actions will not be tolerated by others. That's the only reason I can see for the DA's decision, but hopefully we'll learn more as time goes by.
Good - I'm not defending the DA's other actions. Each case should be dealt with on its own merits, not whether the DA "has time". If you want to attack the DA over the molester case, knock yourself out.
DA is right
This kind of illegal stupidity does need punishment. Maybe it will be plead down, but it's time for our courts to send the message that firearms violations are serious and will be prosecuted, even if the victim is a family member who doesn't want to press charges.
His actions demonstrate that he should not be allowed to own or use firearms.
IMHO I would be glad to see the shooter be a convicted felon, because he then won't be able to possess weapons and have another "accident". Inept klutzes like this are the reason I don't hunt anywhere near town any more, and avoid going to the rifle range unless there is no one else there, or I know the folks that are there, and know them to be safe firearms users.
Ak statue:
AS 11.41.210. Assault in the Second Degree.
(a) A person commits the crime of assault in the second degree if
(1) with intent to cause physical injury to another person, that person causes physical injury to another person by means of a dangerous instrument;
(2) that person recklessly causes serious physical injury to another person; or
(3) that person recklessly causes serious physical injury to another by repeated assaults, even if each assault individually does not cause serious physical injury.
(b) Assault in the second degree is a class B felony
DA is NOT right
You people can go on and on about what if's but what you need to do is take a look at the facts of the case as reported in the JE. Unless the JE reported wrong then this was an accident and you can't try and convict a person in a court of public opinion based on "what could have happened". Plus doesn't the proposed victim in this case has the right to weigh in?
Every case that is brought before the DA for decision on whether or not to prosecute is different. One drug case is not necessarily the next. One person's poor judgment can be the next person's decision to live a criminal lifestyle. Every situation is different and this DA is taking it upon himself to turn Juneauites against each other by making choices for his own personal gain.
When we are so often reading articles and passionately responding due to his poor decisions in representing our city then there is an OBVIOUS problem!
DA is NOT right
You people can go on and on about what if's but what you need to do is take a look at the facts of the case as reported in the JE. Unless the JE reported wrong then this was an accident and you can't try and convict a person in a court of public opinion based on "what could have happened". Plus doesn't the proposed victim in this case has the right to weigh in?
Every case that is brought before the DA for decision on whether or not to prosecute is different. One drug case is not necessarily the next. One person's poor judgment can be the next person's decision to live a criminal lifestyle. Every situation is different and this DA is taking it upon himself to turn Juneauites against each other by making choices for his own personal gain.
When we are so often reading articles and passionately responding due to his poor decisions in representing our city then there is an OBVIOUS problem!