Law 11 - Mock Trial
Scott Walker v. Tanya Brewster
(mock
trial court rules - click here)
Walker's five-year-old child is accidentally wounded when a gun
owned by Brewster's boyfriend is fired by a 13-year-old child.
Statement of Stipulated Facts
On December 4, 1993, at approximately 4:30 p.m., five-year-old
Jesse Walker was severely wounded by a bullet accidentally fired
from a 9-millimeter Beretta semiautomatic pistol. The shooting
occurred in the home of Jesse's parents, Scott and Claudia Walker.
Scott and Claudia also have a two-year-old daughter, Kym, and
Scott has a 13-year-old child, T.J. Walker, from a previous marriage.
Only Jesse, Kym, and T.J. were in the house at the time of the
shooting. T.J. was visiting Scott for the weekend and brought
the pistol with her/him. The shooting was the result of a scuffle
over the pistol between Jesse and T.J. While Jesse was trying
to pull the pistol out of T.J.'s hand, the pistol fired, hitting
Jesse.
Tanya Brewster is T.J.'s mother. She and T.J.'s father, Scott
Walker, were married for four years. They were divorced on May
17, 1984, and Tanya was given sole custody of T.J. In August of
1993, Carl Newhouse began living with Tanya and T.J. in the home
owned by Tanya at 4952 Oaktree Lane. The pistol involved in the
shooting is registered to Carl.
Jesse was permanently paralyzed as a result of the shooting. He
will require specialized medical care for the rest of his life.
Scott filed this lawsuit on January 7, 1994. No criminal charges
of any kind have been brought against any party involved in this
matter.
Claims and Defenses
Scott Walker is suing Tanya Brewster for negligent storage
of a firearm and for negligent supervision of her minor child,
T.J. Negligent storage of a firearm has recently been recognized
as a new civil cause of action by three New Columbia trial courts.
Negligent supervision of a minor child is a well-established cause
of action in New Columbia.
Scott claims that T.J.'s acquisition and use of the pistol
were the result of Tanya's negligent actions. Scott has incurred,
and will continue to incur, substantial medical expenses due to
Jesse's injuries. In addition, Scott claims that his enjoyment
of the companionship and services of his son has been significantly
limited by Jesse's permanent paralysis.
Tanya claims that it is not her fault that Jesse was injured.
She believes that she acted as a responsible parent at all times.
She claims that it was Scott's negligent supervision of his children
that allowed the accident to happen. She also argues that negligent
storage of a firearm should not be recognized as a cause of action
by this court. Even if the court does recognize this cause of
action, Tanya argues that the facts of this case do not support
a finding of negligent storage of a firearm on her part.
Relief Requested
Scott is asking the court to make a finding of negligent storage
of a firearm and negligent supervision of a minor child, against
Tanya Brewster. Scott is requesting the following damages awards:
$42,000 for actual medical expenses (including costs for emergency
and intensive care services, surgical procedures, inpatient hospital
services, prescription medications, specialized equipment, physician
office visits, and other services); $975,000 for future medical
expenses (representing $15,000 per year of estimated expenses
for 65 years of remaining estimated life expectancy); and $500,000
for the loss of Jesse's companionship and services.
Tanya is asking the court to find that there was no negligence
on her part and to deny any damages sought by Scott. In the event
that the court finds any liability on Tanya's part, Tanya is asking
the court to find that Scott is also liable for negligent acts
on his part, and to reduce his damages in accordance with the
extent of his liability.
Additional Stipulations
The parties have stipulated to the authenticity of the following
items:
1. Bill from Shepardsville Hospital to Scott Walker, containing
current medical expenses for Jesse Walker along with an estimate
of future medical expenses.
2. Official transcript of recorded 911 emergency telephone
call placed by T.J. Walker on December 4, 1993.
3. Gun safety information sheet entitled "Safe Storage
of Handguns" used in required course taken by Carl Newhouse.
The information sheet was written by Dr. Sandy Turner.
4. Letter from Terry Bottner to Scott Walker, dated April 6,
1993, which was returned to Bottner with a handwritten reply by
Walker on the bottom of the page.
5. Beretta 9-millimeter semiautomatic pistol registered to
Carl Newhouse.
The parties reserve the right to dispute any other legal or
factual conclusions based on these items, and to make objections
to these items based on other evidentiary issues.
Witnesses for the Plaintiff
Scott Walker - Plaintiff
T.J. Walker - Child of Plaintiff and Defendant
Dr. Turner - Professor of Emergency Medicine and Public Health
Witnesses for the Defendant
Tanya Brewster - Defendant
Carl Newhouse - Friend of Defendant
Terry Bottner - Juvenile Diversion Counselor
APPLICABLE LAW
RELATED STATUTES
NEW COLUMBIA CRIMINAL CODE §105: CRIMINAL STORAGE OF A
FIREARM
(a) A person commits the offense of criminal storage of a firearm
if he or she keeps, or allows to be kept for any length of time,
any firearm within his or her dwelling, and a child of 16 years
of age or younger obtains access to the firearm and thereby causes
death or great bodily injury to himself, herself, or any other
person.
(b) A person will not be found guilty under this section if
he or she:
(1) Stores the firearm using a trigger-lock or other locking device
on the firearm that prevents the firearm from functioning, or
(2) Stores the firearm in a secure, locked container, or
(3) Takes other means reasonably designed to insure that a child
of 16 years of age or younger will not come into possession of
the firearm.
(c) The fact that a person who allegedly violated this section
attended a firearm safety training course prior to the purchase
of the firearm that is obtained by a child of 16 years of age
or younger in violation of this section shall be considered a
mitigating factor by a district attorney when he or she is deciding
whether to prosecute an alleged violation.
New Columbia Case Law
Johnson v. Moore, 67 New. Col. App. 462 (1967).
"Normally, parents are not liable for the torts of their
minor children merely because of the parent-child relationship.
However, in cases involving the use of a dangerous object by a
child, the standard for imposing liability upon a parent for failing
to prevent the child's action is whether the parent knew, or should
have known, of the child's tendency or inclination towards dangerous
activity involving the object, but failed to take reasonable precautions
to prevent the danger."
New Columbia v. Scowcroft, 110 New Col. App. 161 (1990)
Defendant, James Scowcroft, was convicted of criminal storage
of a firearm under New Columbia Criminal Code § 105, after
his five-year-old daughter shot herself with a gun that Scowcroft
knew was being kept in his house. The gun belonged to Scowcroft's
sister, Lisa, a New Columbia State Police sergeant, who was visiting
Scowcroft on the weekend of the shooting. Scowcroft had told his
sister that he was concerned about her bringing a gun into the
house. She assured Scowcroft that she was a responsible police
officer and that his children would not be in danger. Despite
this assurance, she left the loaded gun on top of the guestroom
nightstand while she took a shower. Scowcroft's daughter found
the gun and accidentally shot herself.
The Court of Appeals overturned Scowcroft's conviction, holding
that Scowcroft could not be held criminally liable under §
105. "He made an inquiry of an experienced police officer
who was a trusted family member and he reasonably assumed, based
on her simple assurance, that his child would not come into possession
of the firearm. This situation satisfies the requirements of §
105 (b)(3) since, under the totality of the circumstances, Scowcroft
took reasonable means to insure that his daughter would not come
into possession of the firearm."
New Columbia v. Morgan, 112 New Col. App. 35 (1992)
Defendant, Fred Morgan, was convicted of criminal storage of
a firearm under New Columbia Criminal Code § 105. Morgan
kept a loaded rifle in an unlocked, glass-front gun cabinet in
his living room. Morgan lived alone, had no children, and received
very few visitors. He hired a 12-year-old boy to clean up his
basement. Unknown to Morgan, the boy took the rifle out of the
gun cabinet, and brought it home with him. The boy later shot
a playmate with the rifle, permanently blinding him. Morgan appealed
his conviction on the ground that his actions satisfied the requirements
of § 105 (b)(3) since he reasonably believed a child 16 years
of age or younger would not come into possession of a firearm
that was kept in a home where no children lived and few ever visited.
The Court of Appeals upheld Morgan's conviction, stating: "The
statute contains two specific exceptions: one, § 105 (b)(1),
for the use of a 'locking device' which keeps the weapon from
functioning; the other, § 105 (b)(2), for storing the gun
in a 'secure, locked container.' Section 105 (b)(3) was clearly
designed to cover alternative measures that provide the same level
of security as a locking device or a secure, locked container.
The actions of the defendant in this case do not even approach
the level of care indicated by sections (b)(1) and (b)(2). Therefore,
the action of the defendant cannot constitute 'other means reasonably
designed to insure that a child of sixteen years of age or younger
will not come into possession of the firearm,' as required by
section (b)(3)."
Larson v. Miller, 158 New Col. 488 (1991).
"Until now, this state has not recognized claims by a parent
for loss of a child's companionship and services. But under the
circumstances present here, where the injury was so severe as
to be permanently disabling, and the child was providing financial
support to her parents and would have continued to do so throughout
the parents' lifetimes, we will recognize the claim and uphold
the damage award."
Moss v. Smart Pharmacy, Inc. 82 New Col. App. 117 (1972).
"New Columbia is a 'pure' comparative negligence jurisdiction.
Awards in a tort action are based on the degree to which each
party is at fault. Thus, once a defendant is found to be at fault,
and the plaintiff is also found to be at fault, plaintiff's damage
award is diminished to the extent of the plaintiff's own fault."
"In this case, both the defendant and the plaintiff were
found to be at fault. The defendant was 75 percent at fault and
the plaintiff was 25 percent at fault. Therefore, the defendant
must pay the plaintiff only 75 percent of the plaintiff's total
damages. That is, the plaintiff's total damage award is reduced
by 25 percent."
WITNESS STATEMENT
Scott Walker
Plaintiff
My name is Scott Walker. I am 32 years old, and my address
is 2633 Grant Avenue, Shepardsville, New Columbia. I am a construction
foreman for Bronston Construction, Inc., and have worked there
for the past seven years.
I met my first wife, Tanya Brewster, in high school during our
sophomore year. We dated seriously for over two years. When Tanya
became pregnant during our senior year, we decided to get married
right after graduation. If Tanya had not been pregnant, we probably
would not have gotten married.
I started working construction right after graduation, and T.J.
was born five months later, on November 3, 1980. For the first
two years of our marriage, Tanya stayed at home and took care
of T.J. Then Tanya got a job as a receptionist at a temporary
employment agency.
It was about this time that our marriage started to go bad. After
Tanya started working, she kept telling me I had to start helping
with T.J. and with the housework. Tanya and I started fighting
often about the house, money, and T.J.
After fighting for about two years, Tanya and I decided to get
a divorce. The only condition Tanya insisted on was that she get
custody of T.J. That was fine with me. I did not feel ready to
raise a kid, so I agreed to let Tanya have custody. We agreed
that I would have visitation rights every other weekend and six
weeks during the summer. I was also required to pay child support.
The judge approved our agreement and we were divorced on May 17,
1984.
After the divorce, things really fell apart. I was fired from
my job for being late too many times. My parents yelled at me
constantly for "abandoning my child." I knew that my
main problem was immaturity. I decided to join the Army. I think
it was one of the best decisions I ever made. Because of my construction
background, I worked with the Army Corps of Engineers. We were
involved in building things like bridges, dams, and roads. I never
went overseas or saw any combat in the army.
When I left the army I moved back to Shepardsville. I felt like
I could start my life all over. I got a job at a construction
company in only a few weeks. In five months I was promoted to
foreman because I had more experience than the rest of the guys
on the crew. Around that same time I met Claudia. She was a fabulous
blues singer with a local band. I met her when her band was playing
at a club called MI Blue. We started dating and fell in love.
After dating for six months, we got married. It was the happiest
day of my life. I finally felt that the pieces of my life fit
together.
About one year later, on July 3, 1988, Claudia gave birth to our
son, Jesse. Then on May 28, 1991, we had a daughter, Kym. From
the moment Jesse was born, I felt a strong responsibility to be
a good father. I wanted to get closer to T.J. too, but I did not
know how to change the patterns Tanya, T.J., and I had established.
I had essentially given up control of T.J. to Tanya, since she
was the person actually raising her/him.
T.J did not want to be around me. During the two years I was in
the army I only saw T.J. once. When I came back home, I worked
so much overtime that I only saw T.J. about once a month. It's
like T.J. forgot that I was her/his father.
The only thing T.J. seemed to like about me was the fact that
I had been in the army. I tried to tell T.J. that what I did in
the army was build things, but all s/he wanted to hear about was
guns and fighting. When we talked about guns, it seemed more like
T.J. was proud of me. I told T.J. again and again about my infantry
training and the rifle range, as well as battle stories that the
Vietnam vets used to tell us. I even bought a few books about
guns which we read together. I remember T.J doing a book report
about the history of army artillery that s/he got an A on. The
funny thing is that I was never interested in guns, even when
I was in the army. Our gun hobby was just something I thought
I could use to get T.J. to like me.
Two years ago, our gun hobby got me in trouble with Tanya. I bought
T.J. a BB gun for her/his eleventh birthday. T.J. had asked me
for one and I knew it would make her/him very happy. The box said
the BB gun was for ages 12 and up. Before I agreed to give T.J.
the gun, we set ground rules. The gun was to be kept at my house
and was not to be used unless I was there. The week before T.J's
birthday, I got a call from Tanya. She was furious. She said that
she would not allow T.J. to own a gun. I explained that it was
only a BB gun, but she didn't care. I tried to argue that what
I did with my child in my own home was my own business, but she
would have none of that. She started telling me how kids as young
as T.J. were getting arrested with handguns in her neighborhood.
According to Tanya, guns, drugs, and gangs were all tied up together
and she did not want to encourage the use of guns in any way.
When I realized how serious she was about this, I returned the
BB gun.
When T.J did not get the gun, s/he was very mad. T.J. told me
that I was afraid of her/his mother and said, "If you won't
buy me a gun, I'll get one on my own." I wasn't worried about
this. T.J. was just an 11-year-old kid blowing off steam.
One day in the fall of 1993, I saw T.J. with a gun magazine. T.J.
asked, "Hey Dad, can you buy guns through the mail?"
I said, "I don't think so. But you shouldn't be thinking
about that anyway."
I will never forget December 4, 1993, the day the shooting occurred.
T.J. was over my house for the weekend. I was in the basement
with T.J., Jesse, and Kym. Claudia was out with friends and had
left me in charge of the kids. T.J. and Jesse were playing checkers
and we were all watching a football game on T.V.
At halftime I remembered that I had borrowed a drill from my neighbor,
Louis. I told T.J. to watch the kids while I brought it back.
There were some guys at Louis's house watching the game. I started
talking to them and Louis asked me if I wanted a beer. I decided
to hang around and have one beer. I wasn't worried about the kids.
T.J. was 13 years old and should have been responsible enough
to look after younger children. S/he had never watched the kids
alone before, but I trusted her/him. I only planned to be gone
for 15 or 20 minutes.
After I finished the beer, there were only five minutes left in
the game with the score tied. I decided to stay until the end.
Around that time, there was a loud banging on the door. Louis
got up to answer it and T.J. ran in. T.J. was covered in blood
and crying. S/he told me that Jesse "got shot." I tried
to ask T.J. what happened, but s/he ran out of Louis's house and
down the street to my house. We all followed T.J. into my basement.
Jesse was lying on the floor, and there was blood everywhere.
He was unconscious but breathing. Louis used to be a paramedic,
so he took over.
I asked T.J. what had happened. T.J. said that s/he was showing
Jesse a gun and Jesse tried to grab it. When T.J. tried to take
it back from Jesse, the gun went off, hitting Jesse.
An ambulance and police car arrived. Before I let the police talk
to T.J., I made sure to tell her/him that I wasn't mad at her/him.
I don't remember exactly what I said; I just wanted T.J. to know
that I didn't blame her/him. The paramedics took Jesse to the
hospital. I rode in the ambulance with them.
At the hospital the doctor said Jesse had been shot in the lower
chest. The bullet hit his spinal cord and exited out his back.
The doctor said Jesse would live, but he would be permanently
paralyzed from the waist down.
I called Tanya from the hospital to tell her about the shooting.
I was very upset at the time and I told her that I blamed the
whole thing on her. She said, "Oh my God, I wish I had kept
that gun out of my house."
Later that night, I asked T.J. to explain what had happened more
carefully. S/he said that the gun belonged to Tanya's boyfriend,
Carl. T.J. found the gun in Carl's toolbox and brought it to my
house for the weekend because s/he "wanted to." T.J.
showed it to Jesse and Jesse asked if he could play with it. T.J.
said no, but then Jesse tried to grab it out of T.J.'s hands.
While the two of them were wrestling for the gun, it accidentally
went off.
I don't blame T.J. for what happened; I blame Tanya. She went
nuts when I tried to give T.J. a BB gun, but then she let some
guy bring a real gun into her house. Maybe she thought Carl was
more responsible than me, but this sure proves her wrong. She
has always told me that she is worried about T.J. getting involved
with gangs and guns, especially after T.J. was arrested last year.
She said the arrest was my fault because I never got involved
with T.J. She even got that counselor, Bottner, to start bothering
me. Bottner called me twice, and I told her/him quite clearly
not to tell me how to raise my child. I thought I was done with
it, but then I got a rude letter from Bottner in April of 1993.
I sent the letter right back to Bottner with a note on the bottom
that finally got her/him to stop bothering me.
I know I have missed some weekends and a birthday or two, but
I was busy, and every time I tried to get involved I felt that
Tanya put hurdles in my way. I also didn't pay child support some
months when I was really strapped for cash. I knew Tanya was making
much more money than I was anyway. I really love T.J. and I have
always wanted what is best for her/him. Since the shooting accident,
I have realized that I should have been more involved in what
was going on in T.J.'s life and how Tanya was raising her/him.
My son is paralyzed because Tanya allowed a gun to be kept unsafely
in her house. She should have to pay for Jesse's injuries and
for my loss.
WITNESS STATEMENT
T.J. Walker
Child of Plaintiff and Defendant
(Testifying for Plaintiff)
My name is T.J. Walker. I am 13 years old and I live with my mother,
Tanya Brewster, at 4952 Oaktree Lane, Shepardsville, New Columbia.
I am an eighth grader at James E. Carter Junior High School. My
father, Scott Walker, left my mom and me when I was three. I guess
my parents just did not get along and my father wanted a new life.
I don't remember seeing much of my dad while I was growing up.
He was in the army for a couple of years. When he came back, he
would take me out for pizza and maybe a movie every once in a
while. I was really raised by my mom.
It wasn't until my dad got married again and started a new family
that he started showing any interest in me. I started seeing my
dad a little more often on weekends, but we always had to spend
time with his new wife and his new kids. I never felt like I really
belonged with his new family.
Every once in a while, my dad and I went out alone. I liked that
better than being with his whole family. A few times we went to
the shooting range near his house and watched people shoot their
guns. One day there was this old marine guy at the range shooting
a machine gun. My dad said he had learned how to use one in the
army. I told him to ask the guy if he could shoot it. He didn't
really seem to want to, but he asked anyway. It was cool seeing
my dad just blast away.
When I was in the sixth grade my dad promised me a BB gun for
my birthday. He made me promise that I would only use it when
he was around. He wrote down a bunch of rules that I would have
to follow. When my mom found out about it and got mad, my dad
gave in. He didn't try to stand up for me or tell her about the
rules. He just agreed with my mom. I guess it saved him the trouble
of having to buy me the BB gun.
My dad never wanted to spend time with me when I was growing up.
He just left my mom and me to survive on our own. My mom is okay
as mothers go. She is the one who raised me. She works really
hard to be successful and to provide for us. I guess it's cool
how she put herself through college and started her own business
and everything. I appreciate that she's mostly done it for me,
although all her work means that I'm usually alone.
Between my dad leaving me and my mom working all the time, sometimes
I feel as if I have grown up alone. They say I'm supposed to be
responsible for myself because they can't be around to do everything
for me. But then they try to put restrictions on me including
who I can hang out with and how late I am allowed to stay out.
That is messed up. It's also messed up the way that my mom's boyfriend,
Carl, moved into our house. No one asked me if I minded him moving
in. I don't really mind him living here--my mom deserves a life--but
it would have been nice to be asked. Between my mom and my dad,
though, my mom is by far the better parent. I just wish she was
around more.
Even though my mom isn't around much, sometimes she gets all worked
up over things that happen to me. My mom started getting worried
about me when I got into a fight at school two years ago. It wasn't
my fault. This fifth grader, Chris Thompson, would not get out
of my way in the hallway. Chris needed to learn some respect.
When the principal called my mom, she blamed it on my friends.
She thinks they are a "bad influence." My friends are
all right. They are no different from any of the other kids at
school. I can depend on them to back me up no matter what.
Last year there was a fight and we all got hauled off to the police
station. It was a fight for pride. Someone had insulted one of
my friends and we had to show them that they couldn't "dis"
us. I knew guns were going to be involved. Someone always has
a gun. People respect you when you carry a gun. You're nothing
in their eyes if you don't carry. But I wasn't the one carrying
the gun.
When I talked to the youth officer at the police station, he said
he would probably just send me home because I wasn't carrying
a weapon and had never been arrested before. Then my mom came
in and he talked to her. He said he was going to drop the case
but she started asking him questions. He talked about what could
happen if they didn't drop the charges, and mentioned stuff like
counseling and diversion. When my mom heard about this diversion
thing, her eyes lit up. She said she thought it was the best thing
for me. The officer said that I really didn't need it, but my
Mom insisted that he sign me up for the program.
So we ended up in diversion. I go every Saturday, and my mom and
I talk to Terry Bottner once a month. Terry is okay. S/he always
wants to know about drugs and guns in the school, so I say what
s/he wants to hear. Sometimes I make stuff up to keep Terry happy,
but most of the time what I say is true. There really is some
scary stuff going on at school. For instance, I told them that
some of my classmates sneak guns into the school. My mom, of course,
gets real worried about all this. I wouldn't tell her what's really
going on if she and I were talking on our own. But with Terry
there, it's easier.
The one thing that bugs me about Terry, though, is that s/he really
seems to hate my dad. S/he always talks about how my dad doesn't
do anything for me and how it's his fault that I get into trouble.
Terry doesn't know my dad or anything about him. So I don't see
how s/he can have this opinion of him.
I found out that Carl had a gun because he and my mom had a huge
fight over the gun when he moved in. Mom knew I was home. Later
on that day, she was reading something about safe storage of handguns.
I asked her about it because I wanted to know more about Carl's
gun. But she just got really angry and wouldn't talk about it.
A couple of weeks later I was down in the basement with Carl in
his workshop. He asked me to get him a screwdriver from his toolbox.
That's when I found his gun. It was a Beretta 9-millimeter and
it was tough-looking. It was the kind of gun that makes people
listen to you. I know Carl said it was off limits but I couldn't
help borrowing it. One day I took it to school and my friends
were real impressed. They've all got cheap guns. Nobody had a
gun as tough as Carl's. They all called me "Beretta"
that day.
Since no one caught me when I took the gun to school, I decided
to take it again one weekend when I was visiting my dad. I was
going out with my friends that night. I wanted to take the gun
with me because, I thought, you never know when you're going to
need one.
That day, we were all sitting around watching football at my dad's
house. Jesse wanted to play checkers. I wanted to watch football
and talk to my dad, but I played checkers with Jesse just to shut
him up. Sometime that afternoon, my dad said he was going out
for a while and that I was in charge.
Since my dad was gone, I decided to show Jesse the gun. I knew
it would impress him. When he saw the gun, Jesse said he wanted
to play with it. I told him no because it was my gun. That's when
he tried to grab it out of my hands. We wrestled with it for a
few seconds. Then the gun went off accidentally, and Jesse was
hit.
After that everything seemed like it was in slow motion. There
was a big red spot on Jesse's shirt that kept getting bigger.
I think he passed out the second he got shot. I called 911 for
an ambulance. The operator asked me if anyone else was there.
I said my father was down the street. The operator said to stay
on the phone and keep talking until the ambulance arrived. The
operator kept asking me questions and I tried to answer them.
I was so confused and upset that I don't even know what I said.
The ambulance took so long that I thought Jesse was going to die
before it got there. I dropped the phone and ran down the street
to get my dad. He and his friends ran back to the house with me
and then the ambulance finally showed up.
Jesse could have died and I felt terrible. When the cops asked
my father if they could take me to the other room to talk to me,
he said he wanted to speak to me first. My dad was really angry
and upset. He asked me where I got the gun. I told him I got it
at Mom's house and that it was Carl's. He said, "You're old
enough to know better. Nobody can watch you 24 hours a day."
I was so upset already that after he said this I started crying.
I guess my dad felt bad because then he put his hand on my shoulder
and said, "It's all right, T.J. You didn't mean it. It's
just as much my fault as it is yours." That made me feel
better.
I've thought about what happened a whole lot since then. I feel
bad that Jesse is paralyzed. I never meant for him to get hurt.
But it was not really my fault. Jesse should not have tried to
grab the gun, especially when I told him he could not have it.
I would have gotten a gun eventually even if Carl didn't have
one. I was planning to buy one from a guy at school. The fact
that Carl had one in the basement just saved me money.
WITNESS STATEMENT
Dr. Sandy Turner
Professor of Emergency Medicine and Public Health
(Testifying for Plaintiff)
My name is Dr. Sandy Turner. I am a professor of emergency medicine
and public health at New Columbia University. I received a B.S.
in biochemistry from Brookstone College. I received an M.D. from
New Columbia University Medical School, and did a residency in
emergency medicine at New Columbia University Hospital. After
my residency, I was a staff emergency room physician at New Columbia
General Hospital for four years. I then went on to receive a Ph.D.
in public health from New Columbia University. I have been a professor
of emergency medicine and public health for the past six years.
Most of my research and teaching has been in the area of domestic
violence. During the past two years I have conducted studies of
the relationship between gun ownership and shooting deaths in
the home.
I was also a special consultant to the New Columbia Senate Committee
on Health and Public Safety during the drafting of New Columbia
Criminal Code Section 105: Criminal Storage of a Firearm. After
that, I prepared materials for the gun safety course that is required
in order to obtain a firearm license in New Columbia. These materials
include an information sheet entitled "Safe Storage of Handguns."
I have testified about the causes and results of gun violence
at 24 trials in the last two years. At 18 of those trials I testified
on behalf of the plaintiffs. I am being paid my regular rate of
$200 per hour for research and testimony at this trial.
I met with Scott Walker and his attorneys a few days ago. I also
spent 15 minutes talking on the phone with T.J. Walker. These
individuals described to me all of the important facts of this
case. I have also examined the medical records of Jesse Walker.
I have never met with Tanya Brewster or Carl Newhouse, but I have
gathered all the information I need to know.
Firearms kill more teenagers than cancer, heart disease, AIDs,
and all other "biological" diseases combined. In addition
to deliberate shootings, the United States has witnessed an increase
in the number of accidental shootings occurring among family members.
With all the media publicity focused on violence resulting from
gang or drug wars, not enough attention is focused on the accidental
shootings which occur every day. Every day in America, a child
is accidentally killed by a firearm, and 10 others are injured.
The most effective way to control these accidental shootings is
not to have a gun in the home. If parents are going to continue
to keep guns in their home, they must make sure that they are
safely stored. The New Columbia statute imposes criminal liability
for unsafe storage of a firearm that is used by a child. This
law is designed to get parents to store their guns safely.
A number of other states have passed similar parental responsibility
statutes. Although no formal studies have been done on the effectiveness
of these laws, I think they will be successful in reducing the
number of accidental shootings in the home. For example, in 1990,
a Connecticut law similar to the New Columbia statute became effective,
and the state widely publicized the new parental liability. During
the next year, there were no accidental shootings involving children
in Connecticut. This, I believe, was a direct result of the statute.
Many gun-owning parents claim they do not need to be told how
to store their guns because they believe that their children will
not take the gun without the parents' permission. Parents expect
their children to obey their instructions not to take or use the
gun. These parents are out of touch with the facts. The most recent
study published in the New England Journal of Medicine showed
that keeping a gun in the house nearly triples the chance that
someone will be killed on the premises. Another study has shown
that 88 percent of children who are injured or killed in unintentional
shootings are shot in their own homes or in the homes of relatives
or friends. Parents should assume that all children will become
curious or will disobey their parents' instructions, and will
examine or play with the gun. An accidental shooting is the likely
result.
Parents should also be aware of whether their children may be
prone to violent behavior. When a child has been involved in violent
behavior, the parents should be on red alert. Violent behaviors
include any fights, gang involvement, incidents involving weapons
of any kind, or any criminal activity. If a child has been involved
in these types of incidents, the parents are on notice that their
child has violent tendencies. If this is true, the parents should
take precautions to reduce the possibility of violent behavior
by that child in the future.
However, even if there are not specific incidents of violent behavior
by a child, I think all parents who have guns in the house should
know that their children are more than likely to take and to examine
a gun. Guns have become an integral part of our culture and, in
fact, have become a rite of passage for many of our children.
This epidemic of teenagers and younger children with guns is happening
everywhere in our country, including cities, suburbs, and rural
areas. Research has shown that teenagers know how violent other
teenagers are, and adapt their own behavior to protect themselves.
Teenagers know that they can become targets of spontaneous violence
over real or imagined slights, such as looking at someone the
wrong way or bumping into someone and scuffing his sneakers.
One out of 25 high school students in the United States carried
a gun in 1990. Teenagers obtain guns for a number of reasons.
Often they do so for protection or revenge. But they also carry
guns for status and glamour. They carry guns to school, to parties,
on subways, anywhere they go. Young people often say, "Everyone
else has one, so I need to have one too."
Based on all of the facts of this case, I believe that Tanya Brewster
acted irresponsibly. Ms. Brewster should have been much more careful
in her supervision of T.J. Also, she should not have allowed a
gun to be stored unsafely in her home.
At least $1 billion is spent annually for hospital costs associated
with the treatment of individuals with firearm injuries. Unfortunately,
Jesse Walker is now one of these individuals. My review of Jesse's
medical records indicates that he will need a lifetime of intensive
medical treatment, including physical therapy, medication, specialized
equipment, and outpatient nursing care. I estimate that Jesse's
future medical expenses will amount to approximately $10,000 per
year. Projected over Jesse's estimated remaining life span of
65 years, this amounts to approximately $650,000.
WITNESS STATEMENT
Tanya Brewster
Defendant
My name is Tanya Brewster and I am 32 years old. I live at 4952
Oaktree Lane, Shepardsville, New Columbia. I own and manage a
temporary employment agency and have done so for the last three
years.
I bought my house after Scott Walker and I were divorced. This
used to be a safe neighborhood, but over the past several years
there has been more crime and violence, mostly from street gangs.
I have never been robbed, but almost everyone I know has.
I met Scott when we were both sophomores in high school and we
fell in love. When I found out I was pregnant during my senior
year, I was very upset. I did not know what to do, but my parents
said we should get married and Scott agreed. I did not think I
could raise a child on my own, even though I guess I did end up
raising T.J. all by myself.
Our marriage started off pretty well. We were young and in love.
But after T.J. was born, Scott seemed to lose interest. He was
hardly ever around the house, took very little interest in helping
with T.J., and didn't seem to want to be with me. He was always
out with his friends, hanging out in bars or playing cards. When
T.J. turned two I started working part-time at a temporary employment
agency and things got worse between Scott and me. I decided to
get a job because I needed to feel that I was doing something
meaningful, plus we needed the money. Scott was spending the money
he earned as fast as he was bringing it in.
Our marriage had gotten so bad that when Scott asked me for a
divorce, I agreed. The only condition that I put on the divorce
was that I wanted full custody of T.J. Scott never seemed interested
in raising T.J. and I did not want some judge giving Scott partial
custody. Scott readily agreed to give me sole custody.
The divorce agreement required Scott to pay $250 per month in
child support. He promised me that he would pay the child support
and visit T.J. regularly. But then he went off and joined the
army. He only saw T.J. once while he was in the army, and that
was for about three hours one Christmas.
When he returned from the army, he only saw T.J. about every four
or five weeks. He even missed a few of T.J.'s birthdays and one
or two Christmases. Scott also started missing child support payments.
While he was in the army, the payments came every month. But when
he got out, he began missing more and more payments. I did not
pursue these payments in court, because by that time my business
was becoming more successful and I did not have the time or energy
to go to court to chase down Scott.
As I stated, I had begun working for a temporary employment agency.
At first I was a receptionist, but I was promoted several times
until I became the office manager. I saw how the business was
run from the inside and I thought I could run a better agency,
so I decided to put myself through college at night while I was
working during the day. After I graduated in December 1990, I
quit my job and opened up my own temporary employment agency.
I worked many long, hard hours to get my business off the ground
and it is now quite successful. The work takes a lot of my time,
most of it in fact, but I love it. One drawback is that in the
past few years I have not had as much time with T.J. as I would
like.
T.J. is a great kid and works pretty hard in school. S/he has
had a few problems in the past but we have dealt with them. T.J.
got into trouble at school twice during the sixth grade, once
for fighting and once for vandalizing school property. I have
never really blamed T.J. It is the kids s/he hangs out with who
cause the trouble. They are a bad influence.
The only other problem I have ever had with T.J. was in January
of 1993 when s/he was involved in a fight between two groups of
kids in the neighborhood. The police broke it up and took everyone
to the station house. There were weapons involved, including one
or two handguns and some switchblades.
As soon as I found out about the arrest I went down to the police
station and spoke to the youth officer. He told me about the juvenile
justice system and what could happen if T.J. were arrested again.
He said many first-time offenders enter a diversion program, which
includes counseling about violence, drugs, and guns. I immediately
told him that I wanted T.J. in this program. He explained that
he had planned to just release T.J. because he did not feel that
diversion was necessary. But I told him that we would do the program
voluntarily. I didn't want T.J. to think that s/he could get away
with just a slap on the wrist and I thought the counseling would
help.
The diversion program has worked very well. T.J. and I go for
counseling sessions once a month with Terry Bottner, who is a
very nice person and seems very concerned about both T.J. and
me. In the sessions, we talk about the crime situation in our
neighborhood and how to avoid it. T.J. says a lot of things in
the sessions that s/he would never tell me if just the two of
us were talking. For instance, s/he told us that some students
sneak guns into school. From these sessions, I've learned how
hard it is for a teenager to stay away from all the drugs and
guns that they see or hear about every day.
I think one of our main problems is Scott's attitude towards T.J.
When Terry Bottner asked Scott to participate in the counseling,
Scott refused to come. He treated the arrest and the diversion
program as if they were nothing.
I think T.J. became interested in guns because of Scott. I didn't
know about it when we were married, but Scott is into guns. That's
probably why he joined the Army. When T.J was younger, s/he would
come home from visits with Scott talking about different guns
that Scott had shot in the army.
The last straw came when Scott bought T.J. a BB gun. Scott acted
like it was a toy but I knew that someone could get seriously
hurt with one of those things. I put my foot down and said that
under no circumstances would I allow T.J. to own a gun of any
kind. Scott agreed to return the BB gun, but who knows what he
said to T.J. about the whole thing. When T.J. gets these kinds
of messages from Scott, it is very hard for me to keep her/him
on the straight and narrow. For example, T.J. and I once watched
a television documentary about handgun violence. T.J. missed the
point of it completely. S/he said s/he thought it would be cool
to have a gun in the house. Another time, I found a gun magazine
in T.J.'s room. It was open to a page where T.J. had circled several
gun prices and descriptions. I took the magazine and threw it
away. All of this is Scott's influence.
I have tried to do my best for T.J. I try to provide a good home
and to be there whenever T.J. needs me. I know I spend a lot of
time at work, but I am trying to make a better life for both myself
and T.J. It is not easy being a single mother, especially when
Scott has never done his part.
After my divorce, I did not date anyone for a long time. I was
extremely busy and did not want to get involved in a relationship.
About two years ago, though, I met Carl Newhouse when I was buying
a new car. He gave me a great deal on a car. We dated for a year
and a half and then he moved into my house with T.J. and me last
August. We are not even considering marriage at this point. Since
my last marriage was such a disaster, I am not anxious to try
again.
When Carl moved in, he told me he owned a handgun that he wanted
to keep in the house. This led to a huge argument. My immediate
reaction was to tell him no. I said that I did not like guns,
that I did not want one in the house, and that keeping a gun could
only lead to trouble. Carl insisted that we needed a gun for protection.
He said our neighborhood was so dangerous that having a gun was
a necessity. He also told me that he had taken a gun safety course
and would be happy to show me the materials used in the course.
Carl finally wore me down and I agreed he could keep the gun.
I looked over the materials, including an information sheet entitled
"Safe Storage of Handguns." I remember T.J. interrupting
me while I was doing this. I tried to hide what I was reading
but s/he saw it. I don't remember the explanation I gave T.J.
for it, but I don't think s/he figured out that we had a gun in
the house.
After the fight, I never thought or asked about the gun again
and Carl never mentioned it. In the sessions with Terry Bottner,
we talked about how a lot of people in our neighborhood had guns.
But somehow I never remembered Carl's gun. In fact I never really
thought about it until I got the phone call from Scott.
It was a Saturday, and T.J. was at Scott's house for a rare visit.
Around six o'clock that afternoon I received a phone call from
Scott telling me that T.J. was at the police station being questioned
about a shooting accident involving Jesse, one of Scott's kids.
I was shocked. Scott was screaming and tried to blame the whole
incident on me. I knew it wasn't my fault, but I remember wishing
that I had never let Carl bring that gun into my house. I might
have even said something like that to Scott.
I rushed to the police station. The police told me that T.J. had
found, and used, Carl's gun. I became angry with both T.J. and
Carl. Carl should have kept the gun in a secure place and T.J.
should have known better.
I really feel bad for Scott and his family. Jesse is a nice kid
and it is horrible that he is paralyzed, but I don't think that
I should be made the scapegoat. It is not my fault that Jesse
was shot. The shooting happened at Scott's house and, from what
I hear, he was down the street drinking beer. This is typical
of Scott. He was the same way when we were married.
WITNESS STATEMENT
Carl Newhouse
Friend of Defendant
(Testifying for Defendant)
My name is Carl Newhouse. I am a 36-year-old car salesman.
I met Tanya Brewster about two years ago, when she needed to buy
a car. We started dating about a week after we first met, and
we began living together in Tanya's house in August of 1993. T.J.
never seemed to mind having me move into the house.
T.J. is a great kid--smart, funny, and outgoing. But T.J. is a
teenager and can easily be influenced by friends and by TV or
movie images. T.J. can also be influenced by adult authority figures
like her/his father. I think T.J. had a tough childhood, since
Scott was never really around. Scott was always too busy with
his own interests, and is now too busy with his second wife and
his other kids. In the two years or so that I have known Tanya
and T.J., Scott has missed a number of child support payments
and has avoided seeing T.J., often for weeks or even months at
a time. I think T.J. sometimes does bad things just to try and
get Scott's attention.
On the other hand, I know T.J. loves Scott very much and would
like to have a closer relationship with him. T.J. has told me
so. About six to eight months before the shooting incident, it
appeared to me that Scott was trying a little harder to get close
to T.J. and to make T.J. feel like a part of Scott's new family.
Tanya is a great mother. T.J. is really the most important person
in her life. She has been working so hard all these years to make
a better life for T.J. and herself. Tanya is not around the house
much because she is so busy with work. It takes a lot of dedication
to make a business successful. I often get the feeling that Tanya
does not really understand what today's teenagers are faced with,
but she would do anything for T.J.
When I moved into Tanya's house, I wanted to bring my gun with
me. I bought a gun a number of years ago because my apartment
had been broken into while I was sleeping. One of the burglars
held a gun to my head while the other one took all my valuables.
I was never going to let that happen again, so I bought a gun,
a Beretta 9-millimeter semiautomatic pistol. I keep it loaded
so that I'm always ready in case of trouble. I have a license
for the gun. I had to take a gun safety course in order to receive
the license.
When I told Tanya about the gun she got very upset and said she
did not want it in the house because it was too dangerous. She
told me T.J. had been in trouble in the past and that she was
afraid of her/him being around guns. I insisted that we needed
a gun to protect ourselves since we were living in a dangerous
neighborhood. It seems like everybody on the streets has a gun,
even the kids, who will shoot you if you look at them the wrong
way. I told Tanya that I knew how to handle and store the gun
safely since I had taken the gun safety course. She made me give
her the materials from the course, including an information sheet
called "Safe Storage of Handguns," so she could read
them for herself.
Tanya finally agreed to let me keep the gun. I guess she trusted
me. She never asked me where I kept the gun and I never told her.
We never talked about it again until the shooting.
My hobby is working on cars and fixing them up, so I had set up
a workshop in the basement, near the garage. I put the gun in
a toolbox I kept in the basement. The toolbox has a lock on it
and I usually keep it locked. Sometimes when I am working on a
long-term project, I forget to lock it. I told T.J. that all my
stuff was off limits and not to mess with any of it. There were
a lot of delicate parts and tools that I did not want broken.
Since T.J. was not allowed to go through my belongings, I felt
that the toolbox was a safe place to put my gun.
A few weeks after I moved in, T.J. and I were working in my workshop.
I needed a screwdriver from my toolbox. Forgetting that I had
put the gun in the toolbox, I asked T.J. to get the screwdriver
for me. T.J. found the gun and asked me about it. I told her/him
to put the gun back and to never touch it again. I did not tell
Tanya about this, because I knew she would be really angry. Besides,
I thought that T.J. would listen to my instructions. I remember
the week before the accident because I was rebuilding a transmission
that whole week. I am fairly sure the toolbox was locked that
week.
I could not believe it when Tanya told me that T.J. had found
my gun and that Jesse had been accidentally shot. I specifically
told T.J. not to take or use the gun. There is no way that Tanya
is responsible for the shooting. She did what she could. She also
does everything she can to support T.J. so that s/he does not
feel a need to get involved with all the crime and violence that
is going on in our neighborhood. If I did something wrong, Tanya
shouldn't have to pay for it.
WITNESS STATEMENT
Terry Bottner
Juvenile Diversion Counselor
(Testifying for Defendant)
My name is Terry Bottner. I am a counselor for the Juvenile Pre-trial
Diversion Program in Shepardsville, New Columbia. I have worked
there for four years. Before that I was a high school teacher
in the city school system for four years. I received a B.A. in
physical education from Shepardsville City College and a master's
degree in social work from New Columbia University. I am currently
working on my Ph.D. in social work at New Columbia University
and have completed preliminary research for my thesis on gang
violence among teens.
After finishing college I was hired by Ford High School as a physical
and health education teacher. I also coached the junior varsity
basketball and track teams. I enjoyed the work at first but I
started becoming very concerned about the culture of drugs and
violence prevalent among the students. I can still remember the
day I called out a boy's name in gym class and heard another student
answer, "He got shot yesterday." In my health classes
we had frank discussions about subjects like sex, drugs, guns,
and violence. The attitudes and behavior of the kids scared me.
I frequently saw kids stashing guns and drugs in their gym lockers.
After two years of teaching and coaching I decided that I should
become more actively involved in keeping kids out of trouble.
I decided I should try to help the kids who really were at risk.
I quit my coaching positions and started an "after hours"
club. I asked a group of kids I knew were really "in danger"
if they wanted to hang out in the gym after school and play basketball.
Every day we played some basketball, worked on homework, and then
finished off with a "rap session." No subject was off-limits
in the rap session. We also had weekly speakers from the community
who were positive role models for the kids.
I ran the "after hours" club for two years. During the
second year, Dr. Phyllis Gannon came to speak to the kids about
the juvenile justice system. Dr. Gannon had just started the Pre-trial
Diversion Program in Shepardsville. She explained that diversion
was for first-time juvenile offenders who did not seem to pose
a threat to the community. These young offenders were enrolled
in a program where they participated in group and family counseling.
Similar programs had enjoyed great success in other areas, and
Dr. Gannon was confident that diversion would succeed here as
well. That summer she offered me a position as a counselor with
the Pre-trial Diversion Program and I accepted. I have been working
for the diversion program for four years.
Over the past four years I have been involved in all aspects of
the diversion process, including screening, group counseling,
and individual and family counseling. In screening, I examined
offenders' records and spoke to their teachers, parents, and lawyers
to determine their eligibility for the program. In group counseling,
I led groups of about fifteen kids in weekly discussions about
things like alternatives to crime, problems in school, and life
planning. For the past two years, I have been involved in individual
and family counseling. I meet with program participants individually
every week and also meet with participants and their families
for two hours every month. I also call the parents once a week
to see how things are going.
During counseling sessions and phone calls, we discuss any problems
among the family members and try to work out solutions. Through
this work I have come to realize that the most important factor
in determining whether children will become or remain involved
in violent crime is the level of parental support. I think our
program works so well because we involve the parents.
I met Tanya and T.J. in February of 1993. When I read T.J.'s file,
I was surprised that the case had even come to us. T.J. was a
decent student who attended school regularly and had a very supportive
mother. It was also T.J.'s first offense. Usually these cases
are dropped. The person in charge of screening told me that T.J.'s
mother wanted her child to be in the program even if s/he hadn't
actually done anything. I called up Tanya and she told me the
same thing. She wanted to be in the diversion program because
she didn't want to "take any chances" where T.J. was
concerned.
Counseling sessions with T.J. and Tanya have always gone extremely
well. Tanya is a very involved parent. Even though she has raised
T.J. on her own, she has provided the type of home atmosphere
that few children experience in this city. There is some lack
of communication between T.J. and Tanya, but that is hardly unusual
between parents and teenagers. That's where I come in.
In our sessions, T.J. actually tells Tanya about the weapons and
drugs s/he sees in school and the fact that s/he has actually
witnessed a great deal of violence. Although she seems shocked,
this gives Tanya a more realistic view of what T.J. goes through
every day. We have discussed guns quite a few times. In fact,
I think that they probably have come up at least once at every
session. Tanya has always made it very clear that she does not
want T.J. to be involved with, or even to touch, guns.
In my opinion, young people carry guns mostly to get attention
and respect. Tanya has always given T.J. the attention that s/he
needs and shown respect for her/his independence. She has done
all that any parent can do to prevent her child from picking up
a gun.
I have not had much contact with Scott Walker. Our program tries
to involve the whole family in counseling, even if the parents
are divorced or separated. But if a noncustodial parent doesn't
want to participate, there is nothing we can do. When I first
called Mr. Walker to talk about T.J., he asked if I was a police
officer. I explained that T.J.'s case had been diverted from the
juvenile justice system and I described our program to him. He
said he did not want to participate in T.J.'s family counseling
sessions. I think his exact words were, "If T.J.'s mother
is going, what do you need me for?" He then hung up.
After two sessions with T.J. and Tanya, I realized that T.J.'s
mother and father were giving him conflicting signals about guns,
violence, and our counseling sessions. I got the impression that
Mr. Walker was downplaying the importance of our counseling and
not taking T.J.'s arrest seriously enough. I don't know exactly
what he said to T.J., but I'm sure that it was part of the problem.
I called Mr. Walker again to try to explain this problem. Again
he did not want to talk. He said, "Nobody is going to tell
me what to say to my child. I don't let T.J.'s mother do that
and I won't let you." Again he hung up.
I decided to give Mr. Walker one last chance. On April 6, 1993,
I wrote him a polite letter asking if he would reconsider his
participation in the counseling. His handwritten reply clearly
showed that he did not care about T.J.'s problems.
I think Mr. Walker's refusal to participate in the program has
hurt T.J.'s progress. T.J. receives support from her/his mother
for trying to stay out of trouble. But T.J.'s father refuses to
get involved. Criminal behavior is often a way to get the attention
of one's parents. T.J. obviously did not get the attention of
Scott Walker the first time s/he was arrested. Maybe T.J. thought
that bringing a gun right into her/his father's house would be
enough to get his attention.
Scott Walker's behavior towards T.J. is typical of divorced men.
They think that the second the ink is dry on their divorce papers
they no longer have any responsibility towards their children.
My father was like that, too. In my opinion, divorce, and its
effect on children, is one of society's biggest problems, and
it is the absentee fathers who are to blame. I have no respect
for men like Scott Walker.
I have never met Carl Newhouse. Until the accident, I was not
aware that he was living with Tanya and T.J. If I had known, I
would have asked him to participate in our counseling sessions.
I certainly didn't know anything about the gun that Carl owned.
If I had, I would have told Tanya that she should make Carl get
rid of it. A gun is too much of a temptation for a young person,
too great a status symbol and attention-getter to resist, even
under lock and key, even in a safe. I would have insisted that
there be no guns in the house.
I have found Tanya Brewster to be more involved with, and more
concerned about, her child than at least 90 percent of the parents
I come into contact with. In my opinion, based on my professional
experience, there is nothing more she could have done to keep
T.J. from getting into this type of trouble.
Shepardsville Hospital
5300 Medical Boulevard
Shepardsville, New Columbia 98765
(504) 876-4900
BILL FOR MEDICAL SERVICES
PATIENT: Jesse Walker
SENT TO: Mr. Scott Walker
2633 Grant Avenue
Shepardsville, New Columbia 98761
DATE: February 1, 1994
Current Medical Expenses
Emergency and intensive care services ................... 9,000
Surgical procedures ..................................... 14,400
Inpatient hospital services ............................. 11,000
Prescription medication ................................. 350
Specialized equipment ................................... 3,500
Physician office visits ................................. 1,750
Physical therapy ........................................ 2,000
Total ......................................... $42,000
-----------------------------------------------------------------
Estimated Future Expenses
The following are mere estimates based on the best information
currently available. These estimates have been prepared at the
request of the billing recipient, Scott Walker.
Estimated annual medical expenses ...................... $
15,000
X (estimated remaining life expectancy of 65 years)
Total ........................................ $975,000
Official Transcript
911 Emergency Telephone Call
Recorded on 12/04/93 - Beginning 16:37:17 hours
Transcribed 2/03/94
Operator: Hello, 911, What is your name and where are you?
Caller: Hello, is this the emergency ambulance?
Operator: Yes, I can get you an ambulance. What is your name
and where are you?
Caller: Um, T.J. Walker. I'm at my Dad's. The address is ...
2633 Grant Avenue. It's right by Peterson Middle School.
Operator: That's O.K., T.J. I know where it is. You said you
need an ambulance. What happened?
Caller: Jesse is unconscious. He's bleeding. He needs a doctor
right away. You have to send an ambulance.
Operator: T.J., there's already an ambulance on the way. You
have to keep calm until it gets there. O.K.?
Caller: Yes.
Operator: T.J., how old are you?
Caller: Th-thirteen.
Operator: Is there anyone else at home, T.J.? Anyone older?
Caller: Kym's here, but she's just a baby.
Operator: Are there any adults there, T.J.?
Caller: My Dad's down the street at Louis's house.
Operator: How far away is Louis's house, T.J.?
Caller: It's ... I'm not sure. I've only been there once. It's
like one or two blocks.
Operator: You're not sure what house?
Caller: No.
Operator: O.K., T.J., then I just want you to stay right there.
O.K.?
Official Transcript - page 2
911 Emergency Telephone Call
Recorded on 12/04/93 - Beginning 16:37:17 hours
Transcribed 2/03/94
Caller: Uh-huh.
Operator: Is ... Jesse still bleeding?
Caller: Yeah, it's all over the place. I think he's going to
die.
Operator: T.J., is the phone cord long enough to reach Jesse
while you still talk to me?
Caller: Yeah.
Operator: O.K., T.J., I want you to go over to Jesse.
Caller: Uh-huh.
Operator: Are you there?
Caller: Uh-huh.
Operator: Where is Jesse bleeding?
Caller: All out his stomach.
Operator: The wound is covered by his shirt?
Caller: Yes.
Operator: O.K., then we'll keep his shirt on. T.J., I want
you to put direct pressure on the wound to try to keep down the
bleeding. O.K. ... Now keep the phone under your chin so you can
still talk to me while you do this.
Caller: O.K.
Operator: Now I want you to use both of your hands and put
them down flat on Jesse's wound right where the blood is coming
from and press down. You're trying to keep the blood from coming
out.
(six-second pause)
Operator: T.J., are you doing that?
Caller: Yes, I hope I'm doing it right.
Official Transcript - page 3
911 Emergency Telephone Call
Recorded on 12/04/93 - Beginning 16:37:17 hours
Transcribed 2/03/94
Operator: O.K., T.J. I just want you to stay and do this until
the ambulance comes. Now you and I will just talk until the ambulance
arrives. When is your father coming back, T.J.?
Caller: I don't know. He didn't tell me.
Operator: How long has he been gone, T.J.?
Caller: I don't know ... a long time ... all afternoon. Why
are you asking me all these questions?
Operator: I just need to know what happened so I can help,
O.K., T.J.? I want you to tell me what happened. How did Jesse
get hurt?
Caller: We were just playing; I didn't mean it.
Operator: I know you didn't mean it. Now, how did Jesse cut
himself?
Caller: He didn't cut himself. He ... he got shot.
Operator: T.J. ... He was shot? ... How ... Where did the gun
come from?
Caller: It's Carl's gun. I got it from Carl.
Operator: Did Carl bring the gun over? Where's Carl?
Caller: I don't know. I got it from his toolbox.
Operator: You brought the gun over, T.J.?
(four-second pause)
Caller: Yeah.
Operator: And you got it from Carl's toolbox?
Caller: Yeah.
Operator: Was the toolbox locked, T.J.?
Caller: No. Where's the ambulance? Jesse's dying.
Official Transcript - page 4
911 Emergency Telephone Call
Recorded on 12/04/93 - Beginning 16:37:17 hours
Transcribed 2/03/94
Operator: The ambulance will be there real soon. You have to
be calm.
Caller: O.K.
Operator: Who's Carl, T.J.? Is he a friend of yours?
Caller: Carl ... He's my mom's boyfriend.
Operator: And he just leaves a gun lying around in an unlocked
box?
Caller: Yeah. Where's the ambulance?
Operator: It's coming, T.J. Just stay calm and we'll keep talking.
How old are you, T.J.?
Caller: I already told you that. I've got to go get my father
right now. I don't want Jesse to die.
Operator: Jesse's not going to die, T.J., O.K.? ... T.J.?
Caller: I've got to go get my Dad.
(click)
Call Terminated 16:41:50 hours
NEW COLUMBIA DEPARTMENT OF PUBLIC SAFETY
Information Sheet # 36
"SAFE STORAGE OF HANDGUNS"
INTRODUCTION
Statistics show that keeping a gun at home nearly triples the
chance that someone will be killed on the premises. Every day
in America, a child is accidentally killed by a firearm and ten
others are injured. At least $1 billion is spent annually for
hospital costs associated with the treatment of individuals with
firearm injuries. These statistics should be considered before
making the decision to keep a handgun in your home.
Potential handgun owners should also be aware that there is
a law in New Columbia that imposes criminal liability when a child
16 years of age or younger obtains a firearm that has not been
safely stored and a serious injury results. (New Columbia Criminal
Code § 105: Criminal Storage of a Firearm)
OWNING A HANDGUN
Making the decision to own a handgun assumes that you are prepared
to undertake full-time responsibility for your weapon's safety
and security. You must protect yourself and your family members
against misuse of the handgun by anyone who is either incompetent
or unqualified to handle the weapon. In particular, you must secure
your handgun from theft and misuse by children.
If you have a handgun you should understand that it is a lethal
weapon capable of inflicting death and disabling injury on living
targets. If not treated with utmost caution and safety, it can
accidentally discharge and result in tragic consequences for you
and your family.
In the material that follows, we describe step-by-step precautions
that you must take to protect yourself and your family members
from being accidentally killed or maimed by your handgun. It is
your responsibility to put these safety rules into practice.
SPECIAL NOTE FOR PARENTS
Do not trust anyone else, even your spouse or significant other,
to insure that the measures described below are followed. All
adults in the house must know exactly where a handgun is stored
and what measures have been taken to child-proof the handgun.
They must also insure that these precautions are continually taken.
If you are not willing to take on this responsibility, you should
not keep a handgun in your home or allow anyone else to keep one
there.
STORAGE
Before we begin, you should know the parts of your pistol or
revolver, as illustrated on the next page.
As a handgun owner, safe and secure storage is one of the most
important responsibilities that you assume. You and your spouse
must both be aware of where your weapon is permanently stored.
It should not be within sight or reach of children, or accessible
to burglars. Specifically, the following measures must be taken:
o Store your handgun unloaded and uncocked in a securely locked
container.
o Store your handgun and its ammunition in separate locations.
o Do not store your handgun among your valuables, such as jewelry
or silver.
o Do not store your handgun in a bedside table or under your mattress
or pillow.
o Child-proof your revolver by placing a padlock around the top
strap of the weapon or by securing a trigger lock.
o Child-proof your semiautomatic handgun by removing the magazine,
disassembling the frame from the slide and magazine, or securing
a trigger lock.
o Always carry with you on your key chain the keys that open both
the locked container that stores your handgun and its padlock
or trigger lock.
o If you go on vacation, consider additional safekeeping measures
for your handgun while you are away.
o Store ammunition in a locked container, away from heat or moisture.
o Never throw out ammunition in the trash.
Prepared by Dr. Sandy Turner for the State of New Columbia's required
pre-license firearm safety course.
SHEPARDSVILLE, NEW COLUMBIA
JUVENILE PRE-TRIAL DIVERSION PROGRAM
16101 STATE STREET, #410
SHEPARDSVILLE, NEW COLUMBIA 98760
(504) 820-0100
April 6, 1993
TO: Mr. Scott Walker
2633 Grant Avenue
Shepardsville, New Columbia 98761
Dear Mr. Walker:
I am writing to follow up on our two brief telephone conversations.
As you may recall, I am T.J.'s Diversion Program counselor. After
meeting with T.J. several times, and with T.J. and his mother
twice, I am beginning to worry that T.J. is at risk of becoming
involved in violent activities. In our sessions, T.J. has regularly
displayed a fascination with guns and weapons. Based on my professional
experience, these types of interests in young people like T.J.
often are warning signs that the child could easily become a victim
or a perpetrator of violence.
I have already asked you to participate in our counseling sessions
and I will repeat that request here. Judging from your behavior
towards me on the phone, however, I doubt that you will be willing
to cooperate with us in such a productive way. At the very least,
I think you should be aware of these tendencies in T.J., and should
do whatever you can to change them. I don't think either of us
wants to see T.J. become another statistic. Finally, Mr. Walker,
I would like to remind you that, even though a man can legally
divorce his wife, he can never escape the responsibility that
he took on by fathering children.
Sincerely,
Terry Bottner
Juvenile Diversion Counselor
A Front Sight J Cylinder A Barrel and Barrel Bushing I Stock
or Grip
B Top Strap K Trigger Guard B Front Sight J Main Spring Housing
C Cylinder Bolt Notch L Trigger C Slide K Frame
D Rear Sight M Frame D Rear Sight L Slide Stop
E Hammer N Stock or Grip E Hammer M Trigger Guard
Exhibits for Mock trial - click
here
updated: 7/05/05
Prof. J.
F Cylinder Release O The Cylinder F Safety Catch N Trigger
G Backstrap P Chamber G Tang O Magazine Catch
H Barrel Q Ejector H Grip Safety P Magazine
I Ejector Hood