![Seth Bingham, left, walks past his brother Joseph "Joe" Bingham in Juneau District Court Thursday morning. Joe lost part of his right leg as 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 Joe in the femoral artery in his leg. Michael Penn/Juneau Empire](http://jun-cdn.com/sites/default/files/imagecache/superphoto/10982796.jpg "Seth Bingham, left, walks past his brother Joseph "Joe" Bingham in Juneau District Court Thursday morning. Joe lost part of his right leg as 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 Joe in the femoral artery in his leg. Michael Penn/Juneau Empire")
The man who accidently shot his brother in the leg last year pleaded guilty to a misdemeanor weapons misconduct charge on Thursday and was sentenced in Juneau District Court.
“I’m at your mercy,” Seth Bingham, 32, said before the judge before he imposed the sentence.
Judge Thomas Nave accepted a plea agreement that was reached with prosecutors and imposed 180 days of jail time with the full 180 days suspended, meaning there’s no time to serve, and one year of probation.
Bingham will also be required to attend a gun safety course and is not allowed to possess firearms except for work purposes during probation.
Brothers Seth and Joseph “Joe” Bingham, 27, were driving home from a day at the Hank Harmon Rifle Range in December of last year when Seth disassembled his pistol in the truck. A round went off and struck Joe in the femoral artery in his right leg, which had to be amputated above the knee as a result of the accident.
In court, Bingham’s attorney Julie Willoughby described the incident as tragic.
“The court knows from the charging documents this is a tragic situation that could have ended up much worse, and thankfully it did not,” she said. “There’s nothing that the court can do, your honor, that would be worse than what he’s gone through this whole time.”
The district attorney’s office had charged Bingham in early January with one felony count of second-degree domestic violence assault and one misdemeanor count of fourth-degree weapons misconduct. The plea deal dismisses the felony assault charge.
District Attorney David Brower also described the incident as tragic and told the judge Bingham is not the only person to find himself in this situation.
“If Mr. Bingham thinks he’s the only one who’s had gun accidents like this, he’s not,” Brower said.
Brower pointed to a previous incident where a woman accidently shot a gun and the stray bullet struck a person.
“She got the same charge, and she was sentenced to some time in jail, and I think ... they could both be viewed as accidents,” he said.
He said the other incident was more reckless because there was alcohol involved, which was not the case for Bingham.
Brower added, “If a gun goes off accidently and nothing happens, then nothing happens. Some years ago, a person ran a red light, and if you run a red light and a police officer is there, you get a ticket. If there’s nobody there, you think, ‘I’ll be more careful.’ In that case, he hit a car and a person died, and so there was a charge. Things happen, and some people do things intentionally, and that’s why there are more serious crimes and more serious penalties. In this case, I’d ask the court to accept the agreement.”
Nave said he believed Seth Bingham when he said he didn’t shoot his brother on purpose.
“I don’t think you did this on purpose and that you probably didn’t even do it recklessly, but it certainly was negligent,” Nave said. “You just don’t point a gun, whether it’s loaded or unloaded, at anybody’s direction, and probably no one knows that better than you.”
Nave said he could empathize with the situation and said probably many in the community could, too.
“My first reaction to it when I read about it in the news was, how many years had I been with men hunting and been out at the gun range doing the same thing you were doing that day,” he said. “How many times have I thought, ‘Boy, that was a close one, and I really should pay more attention.’ Anybody that’s handled guns, as you have, as I have, as many of us have, had sort of close calls that you recognize later can be tragic. I don’t really put you in a different category.”
Nave said he thought the sentence is sufficient to deter Bingham from reckless or negligent behavior in the future, and addresses the rehabilitation aspect by requiring him to complete a gun safety course.
“Still at the same time, I think that it probably accurately reflects the level of community condemnation, which is another way to put it is reaffirmation of societal norms, what do people in the community think about folks that do this kind of thing,” the judge said. “I think people in this community understand that these things happen, and that they happen to people who are stellar citizens otherwise, perfectly well-adjusted people, loving husbands, the best of us. And we all recognize that it could happen to us too if we’re not extraordinarily careful.”
Nave said he wouldn’t make this a court order, but he hoped Seth Bingham would tell his story to middle school students who take gun safety courses, a reference to the Alaska Department of Fish & Game Hunter Education and Firearm Safety Course program (for more on this program, please see page C1).
“It would be of such benefit to those kids if you told your story,” Nave said. “You don’t have to do that, but I think if you want to give something back, in the sense of preventing this from happening in the future, that those kids are really going to be taken by your story.”
Bingham said he would like to do that in the future when he’s ready to talk about it, but as for now, it remains difficult to talk about with his counselor, whom he sees several times a week.
“It’s still a struggle to talk to him about it,” he said. “As I prepare and overcome it, that’s something I think should happen as well,” he said.
Joe Bingham, who was sitting in the courtroom behind his brother, along with several other family members, declined to comment after the hearing was over. As he was walking out of the courtroom on his crutches, Joe slung his arm over his brother’s shoulder and gave him a pat on the back.
• Contact reporter Emily Russo Miller at 523-2263 or at emily.miller@juneauempire.com.
Comments (27)
Add commentJail time, suspended or not,
Jail time, suspended or not, is a disgrace in this case. He should've been sentenced to telling his story at the gun safety courses period.....
The law is the law
This was a case of gross negligence/recklessness because it resulted in an injury that was disfiguring and permanent. It was a violation of Alaska state law, no way around it. The judge used his "judgement" and suspended all applicable penalties which I'm sure no one has a problem with as the elder brother will live with this the rest of his life. Teaching others of his mistake will go a long way for gun safety.
so sad
So judge nave said he has had close calls himself with guns.....
did you read this brower? you must have stayed up all night
to find some charges for the judge? slap him with a felony
then let him plead out to a misdemeanor.
I'm ashamed of our justice system.
This should have never gone to court!!
Wise judge
The sentence was fair and appropriate. Time for Seth and Joe to move on and focus on healing.
I hope that Seth does relay his experience to kids in the future. I can't think of a more powerful lesson to convey to kids than to have both Seth and Joe in the classroom talking about what happened. If that saved two other kids from going through what these two brothers went through...that could be therapeutic for them both.
What doesn't kill you makes you stronger.
Seth's Punishment
Seth will never make it through a day without feeling the guilt of recklessly hurting his brother. I feel bad for both of those guy's I hope they work through it together and the family can stay strong.
shame on prosecution
The criminal justice system is intended to reduce the risk of harm to society by confining criminals who act in Bad Faith against society and its laws. In this case, Seth tragically shot his brother Joe by Accident and was thus also a victim of the incident, and those actions were not committed in bad faith.
This is exasperating, embarrassing example of the criminal justice system smearing victims' noses in the poo pile. Who in their right mind actually thinks that this was intended to deliver justice to Seth's brother Joe???
At the least, this legal process likely increased Joe's harm as he watched his brother fall victim to a punitive system seeking to out-spend and out-last his brother with legal counsel and seeking to imprison Seth. Shame on the prosecution for pushing this case this far, and way to go on victimizing victims!!!
Military training
The article doesn't mention Seth's military service. One would think having served in the military he would have more training and respect for weapons than the average person. Thus, requiring a stricter judgement than the average person. I agree the guilt that will haunt him the rest of his days is far worse than any judgement that can be placed upon him.
I don't feel sorry for him at all, he knew better, he's had proper training of gun handling. I don't think he should ever be allowed to own a gun again.
Appropriate Sentence
It was an accident but it was appropriate to sentence him. He shot somebody! You can't just let people go around shooting people without some sort of consequence. He's lucky he gets to ever handle a firearm again.
Problems with the law.
In this case, the legal system had a choice, to either be "Legaly" correct and "Morally" wrong, or the other way around. The felony did NOT have to be charged, that was a choice.
Fair and appropriate
Fair and appropriate sentence, given the circumstances. The entire situation could have been a lot worse. It's time to move on.
Felony charge designed to force a plea
I actually don't have a huge problem with the Misdemeanor Charge, in this case the facts fit the totality of the circumstances. As gun rights supporters, we cannot deny that our absolute liberty to possess and carry firearms uninfringed is conditional on supporting the enforcement of laws against others being negligently physically injured by our exercise of that liberty.
What I do have a problem with in this case is the (mis)use of the Felony DV charge, with its penalty of permanent loss of a fundamental Constitutional Right, as an obvious big stick to "encourage" (compel, extort, insert Thesaurus entry here...) the plea to the Misdemeanor rather than the prosecutor showing the courage of his convictions and choosing one charge or the other, based on their assessment of the facts of the case, and accepting the risk the accused would choose to go to trial and be acquitted by a jury of his peers.
Overcharging a defendent to get a plea to a lower-included, or, should they risk trial, to offer a buffet of charges to the jury, knowing that studies show the human tendency is to split the difference and convict on something rather than simply acquit, isn't "serving the rule of law."
It does help conviction rates though.
Seth didn't deserve to also be humiliated by the court process
We have become so PC that we do the wrong thing piously and then defend our misuse of power. Article 1 Sections 2 and 12 of our state's constitution:
§ 2. Source of Government
All political power is inherent in the people. All government originates with the people, is founded upon their will only, and is instituted solely for the good of the people as a whole.
§ 12. Criminal Administration
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. Criminal administration shall be based upon the following: the need for protecting the public, community condemnation of the offender, the rights of victims of crimes, restitution from the offender, and the principle of reformation. [Amended 1994]
This case did not fit the criteria of our constitution, particularly since there was no request (or desire) by the injured party to press charges. Brower (and the rest of the prosecutors, CBJ and SOA) is doing his job generating money for the court system and keeping probation officers busy. This is a complete (and only one of many) travesty perpetrated on our citizens for money. Don't kid yourself with any other explanation. And for those of you who decry that justice was served, may you never make a mistake that puts you in that position.
@gandercall
I disagree.
Enforcement of laws about negligent handling of firearms -is- for the "good of the people as a whole" and comprise the means of "community condemnation of the offender".
An act is negligent due to its propensity to cause harm, not due to the actual harm caused, which in this case was, in fact, quite severe. The fact that the victim does not desire retribution or recompense is irrelevent to the fact that the behavior of the offender was plainly negligent and only chance prevented the victim from being a stranger, as opposed to his brother.
Negligence, once discovered, cannot be given a legal "pass" in a civil society based on the rule of law simply because of the forgiving nature of the injured party, or even when there is no injured party. Certainly those factors can and should effect the degree of the crime charged and the punishment levied upon conviction, but the nature of the offense itself remains unchanged.
So if I cut down a tree and
So if I cut down a tree and it lands on my neighbor's car or house, I should go to jail because I was negligent? My neighbor might have been in the car and might have been hurt or killed by my doing that.
Accidents happen, nobody got out of bed that morning expecting their lives to take the turn that they did. Potentially sending someone to jail for something that was so clearly an accident is just another reason why there's no room in prison for real criminals.
I hope this all brings closure to the family and they can move on with their lives.
BS!
It all boils down to WINNING! Brower knew that if this case went trial to be heard by a jury of Mr. Bingham's peers, chances are that he would be exonerated. So by going for the maximum conceivable charge to intimidate the defendant into taking a deal, he gets a conviction and justifies his position. The defense attourney walks away with a 'win' by having the felony charge dropped. The defendant still gets a record. So, prosecution wins, defense 'wins' while the defendant loses. What a deal!
Sad extra expense
The charge is appropriate. the waste is the extra charges.
If the original charge was weapons misconduct It would have been handled swiftly. Set court date, plead guilty, get on with life. The extra da office time, added mental stress (bordering on abuse of power), and huge lawyer bill was an unnecessary waste.
Two brothers have a lifetime of regret before them. Adding Gestapo fear and torture tactics did nobody any good. It did keep another lawyer's bank book in the black.
What a waste.
Sorry, but the law is the law & so is Gun Care and safety.....
Everyone needs to stop and get over all this and move on!
Sorry so many people don't like the judgment, be thankful that's all he got and let it go and move on! My hat off to you Judge Nave, that was very kind of you to look at it the way you did, because what if the bullet had hit someone not in the truck with Seth & Joe would everyone still feel this way?
My kids know when we go to the gun range or to trap shoot ALL FIREARMS go into the truck UNLOADED with all Clips/Magazines, ammo and or shells in the gun bag. Once in the truck its HANDS OFF until parked at the gun range then they each take their firearm to the table and lay them facing downrange. When done ALL FIREARMS are checked to be UNLOADED and all Clips/Magazines and any leftover ammo and or shells go back in gun bag. All firearms are put back into the truck and again its HANDS OFF until parked back at home but this time Mom & Dad take everything into the house and put in Gun safe till each firearm is cleaned then locked back up in gun safe.
For an "Adult" gun owner to not deal with a firearm in an auto or truck in this fashion is mind-blowing to me.
Please take a gun safety class and EVERYONE follow the firearm in vehicle rule HANDS OFF till you get where your going!
To Be Safe you need to Think & Act Safe with a bullet you can never take back once fired.
God Bless Joe & Stefanie and here's to a Very Happy Marriage!!
Good !
GOOD !
Shouldn't it be up to the
Shouldn't it be up to the victim to decide whether to press charges or not?
Hollywood
Only in the movies, PP. Only in the movies. Just like Miranda Rights. I bet half the officers in JPD can't even quote them. And I doubt they have a copy on their person to read to you. Even if they do, they don't.
@Persnickety
Under civil law, for damages and such, yes. The political and legal theories from which our government is derived view some crimes as attacks both against the individual and against society as a whole.
In this case he was simply lucky the victim was his brother rather than some stranger walking or driving by. He was charged with negligence because he put others in society in general at risk of harm, not because he actually harmed any given person.
That makes sense. I was
That makes sense. I was thinking it stemmed more from the "domestic violence" charge, which would make sense, because domestic violence victims are often too afraid to press charges themselves. But he totally could have hurt someone else due to his negligence.
@ Persnickety
You asked a good question.
There are probably some crimes where someone is wronged but others aren't at risk that don't have quite as long a history as this sort of thing, or an as easy-to-follow logical path to justifying the state prosecuting over the wishes of the victim.
Mandatory DV arrest and charging, for instance, tries to balance the will of a presumably competent and autonomous adult with the reality that, in many cases, they aren't really that autonomous in that kind of relationship and might need protection in spite of themselves.
Tough balancing act to do and I'm not sure we have it right or ever really will.
Miranda
Skirkz, you need to learn a little about Miranda if you are going to attempt to bash JPD with the use or lack there of! Miranda does NOT need to be read unless the suspect/subject is not free to leave (detained or under arrest) and/or the questioning goes above and beyond initial investigatory questioning. The police have the right to ask investigatory questions to determine what happened. At the point it goes beyond this and they have decided to make an arrest or detention, then Miranda goes into effect if they decide to question a detained subject further. Educate before opening pie hole to criticize those who probably know better than you!
Further more, with a felony crime, the victim does not choose to press charges, the state steps in and takes care of that due to the serious nature of felony crimes.
Really
I've witnessed it. You must be a cop. Then you know that they are all to happy for you to spill your guts while their pocket recorder is on. You know, the one that was conveniently off when discovery is requested by the defense. Remember, really, this ain't the movies.
Signed, Educated Pie Hole
it's not ok to shoot family - not matter how accidental
There shouldn't be a Whoops! get out of jail free card just because he shot family.
SEARHC should be offering them top jobs any day now...
Judicial System
Lets make it simple, Lets have the injured brother decide the punishment his brother (offender) must accept for the injury he caused. If he speaks from his heart it could relieve a lot of turmoil from that time on.
Onder
Yer an As$%%^^hole !
Myleague, in my experience,
Myleague, in my experience, military training has nothing to do with gun safety observance. If anything, they are taught complacency or even worse, a culture of goofing with them. And like with anything, some are anal about it, and some could care less and are reckless. I know a cop in Juneau who shot himself in the foot being stupid with a gun, and they have had safety drilled over and over. Familiarity breeds complacency unless you are anal about it.