So let's apply that same logic to a DUI charge against Mommy, if Daddy was in the vehicle. Give her a pass.
Non sequitur.
Or maybe murder, if Daddy was around and a LEO.
Another non sequitur.
Though, the kid is the one who shot his sister. To my knowledge the kid is not responsible under the law so he is free and clear from any legal sanctions.
Maybe one or both of the parents
should be charged with a capital (or a near equivalent) crime based on your 'blind justice/equal treatment under the law' position. Maybe involuntary manslaughter, negligent homicide, or some other equivalent felony charge for one or both parents. It is possible that multiple felony and misdemeanor charges can be filed. We shall see.
I disagree with the premise regarding a 'blind justice/equal treatment under the law' legal system. Our current legal system has many problems to be sure, but the reality is that
equal application of the law rarely occurs and I believe that most folks would hope that our current system remains as is.
I support our current legal system where the 'law' has the latitude to decide if any punishment is deserving, based on the facts and circumstances along with what the 'law' thinks is good for our society, within the confines of the law and legal precedent. If society disagrees with the law's decision then the law may adjust to meet society's expectations, next time, or not, depending on the facts and circumstances regarding the next incident.
mens rea
Realistically, we should all hope for both parents to get a pass, because I would wish to get a pass if this were to happen to me.
How about the wife of a 'normal' citizen? Would she get a free pass too?
I do not know if the wife 'would' get a free pass, but, if the circumstances and facts are nearly the same as the Marysville LEO incident, then yes, the wife
should get a free pass.
As much as I dislike professional politicians, I'm coming to realize that most amateurs aren't much better. Everyone thinks that their own personally favorite kind of 'restrictions/regulations/morality' should be forced on their fellow citizens -- COTUS, and the rule of law be damned.
Politics may play a role in this situation, only time will tell. But, we are discussing what
should happen to the parents from a legal perspective. All of the facts of this situation are not known, to me anyway. When the investigation is complete, and if LE decides to disclose all of the facts to the public, then we will know what avenue LE will take. Again, torches and pitchforks can be made ready for use if you do not agree with the law's decision.
Regardless of what LE will do, the mommy should get a pass. The daddy, a cop, should have known better, likely does know better, and must be extra vigilant where firearms and kids are concerned. If any sanctions are due the daddy deserves them. Though, tossing his backside in prison for some amount of time is not good for the family either. But, some folks like to pile on when they get the opportunity.
The rub is whether or not any sanctions that may be applied to daddy affect his employment. In this economy, life for the family could become significantly more difficult if daddy were to lose his job as a result of this incident. Contradictory? maybe, but, daddy sure don't deserve a promotion anytime soon either. Lose his job? Nope. Now, if he is known to be a rights-trampling-rogue-cop, then sorry, too bad, so sad.
On a side note. LE lectures we citizens on this issue constantly, yet, in this case a LEO does not follow 'his' own advice that he would undoubtedly give to us if he were investigating a similar incident involving a 'normal' citizen, like me.
