District Attorney to announce possible charges in Taft shooting

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Updated: 1/11 7:06 pm
District Attorney Lisa Green will hold a news conference Monday morning to announce her filing decisions related to the Taft Union High School shooting.

That could be whether to charge 16-year-old Bryan Oliver as an adult.

17 News spoke to criminal defense attorney Kyle Humphrey about what those decisions are usually based on.

"If they're not sure whether the person should be tried as an adult, they can do what's called a fitness hearing in juvenile court, where a judge would look at multiple factors such as the seriousness of the crime," said Humphrey. "The seriousness of the person's record. There are five factors the judge would consider to find the person unfit to handle as a juvenile and have them handled as an adult."

In California, children as young as 14 can be tried as adults, depending on the seriousness of the crime.
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The views expressed here do not necessarily represent those of KGET TV 17 - In the Spirit of the Golden Empire

slvrldy - 1/13/2013 8:28 AM
1 Vote
I'd like to see charges filed against the lawful gun owner, and every parent in the home. #1, whomever was the lawful owner of the gun, for not having it properly stored in a locked safe, to which the assailant had no knowledge of the combination, and #2, the parent(s), whom allowed their child to reside in a residence which housed an unsecured weapon, because that at the very least, is child endangerment. I don't know if the owner/renter of the residence can be guilty of anything for allowing the unsecured weapon to be housed there, but if that is the case, charge them for that also. It is cases like this one, that cause people to think guns should not be allowed to exist in homes. They give responsible gun owners a bad name. Throw the book at them, and make an example of them. Also ... I believe the assailant needs to be charged as an adult. He laid out a plan, and carried it out. Thank God, he wasn't successful in killing. Lets lock him up as long as possible, to delay what is sure to come from him in the future.

oefoifveteran - 1/12/2013 5:56 PM
2 Votes
Just to add a little more to the fact that irresponsible gun owner's are majority to blame. I am not condoning this child's actions but really think about how this happen. Here is more to what it says on the Department of Justices website: To prevent unnecessary injury or death caused by improper storage of firearms in the home where children (under age 18) are likely to be present, and to help prevent the possibility of criminal prosecution, all firearms should be unloaded, locked with a trigger locking device that renders the firearm inoperable, and stored in a lock container.

DR999 - 1/12/2013 5:44 PM
1 Vote
This 16 year old WILL NOT get sentenced to some boot camp for juvenile offenders. Mark my words. He will be sent to CYA and held until he is 25 years old, assuming he is not charged as an adult. If that happens, he will be locked up much longer. If some reports are accurate, he was bullied because he was a small kid. If that is true, his time in custody will be even more difficult for him. He will have to join a prison gang, based on his race. Regardless of where he ends up, I predict he will never be a contributing member of society after this.

oefoifveteran - 1/12/2013 5:43 PM
1 Vote
And this was not a accident! But if this one law would have been followed by a responsible gun owner the 16 year-old, criminal minded with a fifth-education would have had no way of obtaining a firearm.

oefoifveteran - 1/12/2013 5:36 PM
1 Vote
@nevergiveup: Explain to the person that owns the shotgun what penal codes he/she broke! Criminal minded I guess make mental excuses for everyone. Explain how people want to blame it on society and mental issues instead of really breaking it down to what really is the problem. The problem is people not following the law's that are in place for a reason. I guess this penal code does not matter either right should keep making excuses so society can keep going the way it is. Under the Children’s Firearm Accident Prevention Act of 1991, any person who keeps a loaded firearm where a child obtains and improperly uses it, may be fined or sent to prison. (Penal Code §§ 12035, 12036, 12071.) just to point out read the name of penal code to yourself again and ponder!

nevergiveup - 1/12/2013 5:23 PM
0 Votes
@oefoifveteran: Yeah, try explaining that to the criminal minded with fifth-grade education who think the Penal Code is something he plays with!! (Literally)

oefoifveteran - 1/12/2013 5:09 PM
1 Vote
FIREARM SAFETY DEVICE REQUIREMENT Each firearm sold, transferred, or manufactured in California must be accompanied with a firearm safety device approved by the Department of Justice and identified as appropriate for that firearm. The Department of Justice is required to compile and publish a listing of all of the safety devices that have been determined to meet the department’s standards. A list of these devices is available on the Department of Justice Bureau of Firearms website at http://www.ag.ca.gov/firearms/fsdcertlist.htm. (Penal Code § 12088.1.) The term “long-gun safe” is distinct from “gun safe” and “firearms safety device.” A “long-gun safe” means a locking container designed to fully contain and secure a rifle or a shotgun. A “long-gun safe” must have a locking system consisting of either a mechanical combination lock or an electronic combination lock that has at least 1,000 possible unique combinations consisting of a minimum of three numbers, letters, or symbols per combination, and that is not listed on the Department of Justice Roster of Firearm Safety Devices. (PC § 12087.6). No person shall keep for commercial sale, commercially sell, or distribute as part of an organized firearm safety program, any firearms safety device (other than a long-gun safe) that is not listed on the Department of Justice roster of approved firearms safety devices. Any sale of a long gun safe must be accompanied by a specified warning label. (Penal Code § 12088.1.)The Department of Justice Roster of Firearm Safety Devices may be accessed on the Department California Firearms Laws 2007 50 of Justice website at http://www.ag.ca.gov/firearms/fsdcertlist.htm. Firearm sales and transfers are exempt from the requirement to provide a firearm safety device if either of the following is true: - The purchaser demonstrates proof that he or she owns a gun safe that meets the standards set forth in Department of Justice regulations adopted under Penal Code section 12088.2 by sign

oefoifveteran - 1/12/2013 5:01 PM
2 Votes
So the shotgun belonged to his brother? Where in any of the reports are the LAW's for California going to be upheld. This country in whole keeps talking about assault weapons and what not. What the real problem is teaching Americans how to be responsible gun owners that is the real problem. If I am not correct please correct me. But from what I understand it is the responsibility of the gun owner to make sure nobody has access to your firearm/firearms. Locking up your firearms wont stop everyone but it will prevent this from happening that is for sure. Just like most shootings that have happen it is because someone's parent failed at being a responsible gun owner. I swore to protect our freedoms and still active duty military and it makes my stomach turn reading that a kid went to a local high school in my home town and shot people. He needs to be held responsible and who ever owns the firearm needs to be held responsible. If that doesn't make people start locking their firearms up then they will find themselves in the same boat. IMO

nevergiveup - 1/12/2013 4:52 PM
1 Vote
@proudamerican: I am not as liberal as you think. That kid will not see more that 5-years, not to mention 25! Not in America!! I see “boot camp” as rehabilitation and schooling for him. He may straighten up. Prison, though, is a revolving door meant to “punish” NOT to rehabilitate. Eighty per cent of those incarcerated return to prison within a short time. Remember Abel Burrola? That in-bred was out of prison not 30-days and was caught violating his parole. Being a bad boy was his only profession, aside from making babies which ANY Cockroach can do. With the 16-year old kid, there MAYBE a chance in “boot camp” that he may straighten out. In my opinion, the ideal punishment is to out-source the kid and the other felons to the Republic of China, the former Soviet Union, or closer to home, Cuba. They know what to do with dissidents and rebels. But that is NOT going to happen in America. We don’t torture or chop off fingers and toes. A law just went into effect this month, making it a felony for parolees to remove his GPS. BIG WHOOP!! This is going to stop the criminal element? We have become a nation of sheep, and the criminal element know that! They dropped out of high school with fifth-grade level reading/writing skills. But in spite, they know that the American Justice System will bend over backwards to protect their rights, give them all the chances and warning the justice system can dish out. Then the “system” will let them out into society to see if they have learned their lesson – at our expense! If they commit a crime AGAIN, they know they will be sent back to the slammer with free food, drugs, and free sex whenever they want it. Then, they will be let out AGAIN!!!! What a System!!!

RVLADY - 1/12/2013 3:31 PM
1 Vote
He had planned this for over a year. He's not a mental case! Thats an excuse. Try as an adult.The more you let them get off the more of them going to do same thing!
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