Hart County, KY – 10 January 2020 – An Edmonson County man is facing a felony charge after firing a gun in the air in order to scare three men around his tractor.
David Prather, 64, told police he saw three people around his tractor that he thought were thieves. Prather pulled out a gun and fired multiple shots in the air and also pointed the gun at one of the men. However, the three individuals weren’t thieves; they were from a repossession company and were at his residence to repossess the tractor.
“It is imperative for any gun owner to know and understand the laws as they pertain to carrying and using firearms,” said Sheriff Shane Doyle in the released statement. “While Mr. Prather felt there was a threat against his personal property, it was not within the means of the law for him to use a firearm to protect that property; he could have used physical force to stop what he perceived to be a theft of his personal property, but because he, as a human being, was not in any sort of physical risk of serious injury or death, then deadly force could not be used to just protect his personal property.
In addition, when shots are fired into the air, gun users need to be aware that those shots will also come down, thus creating a risk of serious physical harm or death to a potentially unsuspecting individual(s). Furthermore, while a person may not have intent to pull the trigger when pointing a gun at an individual, just the perceived threat creates the potential for serious injury or death, which falls right in line with a wanton endangerment charge.”
The Sheriff also referenced KRS 13201, which states: A person is guilty of wanton endangerment in the first degree when, under circumstances manifesting extreme indifference to the value of human life, he wantonly engages in conduct which creates a substantial danger of death or serious physical injury to another person.
Prather has been released on bond and is facing a felony charge of first-degree wanton endangerment.
Source: LEX18
Man Charged After Firing Shots to Scare Repossessors
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