Friday, December 30, 2011

Shooting nets two charges

The year 2011 was not a good one for Maxwell Cannon, 22. Cannon accidentally shot and killed a 19-year-old friend with an "unloaded" gun on Wednesday evening in McHenry County, along the east side of the Fox River just outside McHenry.

On May 8 Bull Valley PD cited Cannon for speeding. In a rather quickly-scheduled bench trial, the case was nolle prossed. Cannon was represented by the McHenry law firm of Donahue & Walsh.

On May 22 Cannon was charged with DUI and other offenses. Again he was represented by Donahue & Walsh. After court dates of June 16, 30, July 7, 14, 21, August 11, 25, September 8, 23, 30, and October 7. On October 21, a "402 Conference" (a deal-making session) was held, and on October 28 Judge Gordon Graham sentenced Cannon to $1,915 in fines and court costs, one year court-monitored supervision, DUI school and victim impact panel. On December 13 the Victim Impact Panel time was extended.

The flurry of court dates is quite outside the norm for DUI cases in McHenry County courts. It is usual to see monthly court dates and cases dragged out for a long time.

Other charges on May 22 included a Summary Suspension of his driving privileges (rescinded Oct. 21), operating an uninsured vehicle, disregarding a stop sign (two citations), unlawful use of a blackjack or knife and carrying or possession of a firearm. The plea deal to the DUI included the State's Attorney's Office agreement not to prosecute on these other charges.

An agreement not to prosecute (nolle prosequi) is not the same as "dismissing" the charges.

The new charges against Cannon are Involuntary Manslaughter (Class 3 Felony) and Reckless Discharge of a Firearm (Class 4 Felony). No attorney has yet filed an Appearance, according to online court records at this writing. Cannon's next court date is Friday, January 6, 9:00AM, before Judge Sharon Prather.

Cannon reportedly removed the magazine from the pistol he was showing to friends. If he was unfamiliar with the semi-automatic pistols, he would not have known to check the barrel by pulling back the slide and ejecting any cartridge already loaded into the firing position. Or, if he did know that, then he was careless in not doing so.

If he was further unfamiliar with the weapon, he would not have known that pulling the trigger might cause the firing pin to drop on a cartridge in the barrel, even if the clip had been removed. Some semi-automatics will not fire with the clip removed; others will. It is imperative to know your weapon.

Regardless of safety mechanisms, it's just stupid to point a weapon at someone and pull the trigger.

No comments: