Attorney asks that charges be dropped
Sarah Day — Sentinel Staff WriterBLUE EARTH - The public defender for a young man charged in an accidental shooting that happened more than a year ago has asked for the charges to be dropped.
Dan Stallkamp, 19, was at his grandparents' home in rural Bricelyn on July 22, 2008, with Collin Jacobson - 15 at the time - when, at one point, a gun was brought out and Jacobson was accidentally shot in the face while looking at it.
Public defender Troy Timmerman, representing Stallkamp, asked Judge Doug Richards on Monday to dismiss charges of contributing to the delinquency of a minor as well as illegal possession of a pistol/assault weapon.
"It's kind of a technicality," Timmerman explained. "(Stallkamp's) charged with basically aiding and abetting another in the commission of the crime. (But) because (Jacobson) is under the age of 18, he cannot commit a crime because he's a juvenile. Technically, that charge does not exist."
Timmerman added that the law says Stallkamp could be charged with a crime if he aids a person in a delinquent act.
"At first, that's what it looks like," Timmerman said, but he argues that because Jacobson is a juvenile, this interpretation does not, in fact, apply.
With the possession charge, Timmerman is repeating the same technical argument.
"Really what this is, is a status offense based solely on your age," he said. "It's kind of like smoking, only more serious."
He said an adult can smoke and it's not a crime, but if a juvenile smokes it is.
"(County Attorney) Brian (Roverud) uses two statutes to make up a charge," Timmerman explained. "I'm saying that charge doesn't exist. I don't think the crime he's being charged with actually exists."
Roverud asked Richards for time to file a written response to Timmerman's argument. Roverud has until Nov. 13.
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blue5011
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11-03-09 8:33 AM
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A pistol is now an assault weapon?
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