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Dick Cheney's potential legal exposure

In light of Tuesday's revelation that lawyer Harry Whittington has suffered a heart attack as a consequence of being shot by Vice President Dick Cheney during a hunting tgrip, questions have arisen regarding the legal consequences Mr. Cheney might confront as a result of the incident.

Here's an assessment of the potential legal exposure the vice-president could face -- from a Texas prosecutor, a former federal prosecutor, and western states defense lawyers who have handled hunting accident cases, based on the facts as we now know them.

If Mr. Whittington were to die as a result of the shooting, these legal authorities believe Cheney would probably not be prosecuted.  But if the local district attorney decided to pursue charges, the most likely would be either manslaughter or criminally negligent homicide.  Texas no longer has an involuntary manslaughter statute.

Manslaughter, the more serious of the two, requires proof of recklessness -- consciously disregarding a known risk which is likely to cause harm.  These legal experts say the facts of this accident don't meet that test.  Many said it would require evidence of something as serious as a hunter knowing another hunter was in the potential line of fire and shooting anyway.  (Recklessness would be something like Saddam Hussein shooting weapons into the air, one lawyer said.  Another said it would take an action like a scene in a movie when the bad guy shoots at another guy to make him "dance.")

The less serious charge would be criminally negligent homicide.  While in some states that's a misdemeanor, it's the lowest-range felony in Texas, punishable by up to two years' confinement. The required element is proof of gross negligence -- a total failure to be mindful of potential consequences. 

However, all these experts agreed that Cheney could almost certainly face civil liability, if the Whittingtons decided to sue.  The standard here is much lower -- simple negligence.  The question would then be, what would a careful hunter do in a similar situation.  He could potentially be sued whether or not Mr. Whittington dies.

Lawyers in western states who have handled fatal hunting accidents said authorities often decline to bring criminal charges.  One even defended a man who mistakenly shot and killed his own son.  But these experts also say this is very much the call of the local prosecutor, who, if the authorities were to decide to proceed, would take the case to a local grand jury.

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COMMENTS

Obviously, this was a serious hunting accident that warrants an explaination from the Vice President himself. Mr. Cheney is probably both embarrassed and horrified that he shot a hunting companion; he just needs to tell people his feelings. As for the delay, the hunting accident occurred on a Saturday evening in the middle of a large ranch. I think the conspiracy theories are over-reaching and energies could be better spent on looking into how to stop nuclear proliferation in North Korea and Iran.

"Recklessness would be something like Saddam Hussein shooting weapons into the air, one lawyer said. Another said it would take an action like a scene in a movie when the bad guy shoots at another guy to make him "dance"
This was in the article, I feel as though it was very wrong for a lawyer to say something like this. I was very offended when this was said especially about "dance" if certian people never would have started shooting people reckless in the beginnging then these problems who have never started. However, certain people in America still feel as though they are higher than others, and if the "other" people would have done the same thing then they would have died.

I agree with Jerry and Dianna. If it had been an average citizen involved in shooting someone, the fact that they left the scene without even being talked to by the police would, in itself, be a criminal charge. I also agree that there is no way for the cops to know if Cheney had been drinking because they didn't see him at the time this happened. I think it is more likely that he had been than that he hadn't been. Furthermore, I believe that is why he didn't meet with them until the next day, after he sobered up and everyone got their story straight. And, I don't care what Whittington did or didn't do, it's still Cheney's fault for not making sure of his line of fire before pulling the trigger. Any hunter worth his salt knows that you ALWAYS check that before you shoot. and you NEVER whirl around and shoot blindly without looking first! He violated just about every safety rule there was, and all of the official organizations who deal with this, even the NRA, agree. The only reason he is not currently in jail is because he is the veep! Others I know have gone to jail for much less than this. They have also lost their gun, their kill, their truck, their hunting license, been fined, etc. He is just acting above the law as he always does. His actions (or non-actions, which are STILL actions - deciding NOT to do something is still an action) speak louder than his terse little words that really show no concern or caring about this incident. He has never had my respect anyway, but now he is even lower on my list. Bush keeping him in office after this and everything else he has done has only hurt him and will continue to do so because of Cheney's sociopathic ways.

The description of the laws in Texas and the ease with which these cases are dismissed as "accidents" reminds me of something my mother always said "If you don't like someone, take them hunting."

If John Smith shot John Doe in a hunting accident should the press have been notified right away? Cheney bore no resposibility in informing the press that he was involved in a hunting accident. He did not take aim at his friend's head and pull the trigger. It's not like he was out drinking with a young female intern and drove off a bridge and ran away leaving her dead or anything. I'd hunt with Cheney before I'd drive with Ted Kennedy.

President Bush has his bubble; VP Cheney has his wall of secrecy. When either is penetrated the view is not very pretty. But, let's be realistic, Mr Cheney has not been held accountable for any of his actions since taking office (and it's a long list), so who really expects him to be held accountable for shooting a hunting buddy. Of course we'll never know the real story of the shooting. Just as we'll never know the real story of any of his questionable acts. Mr Cheney is a wealthy, powerful (arguable the most powerful man in America)arrogant man who sees accountability as something for mere mortals.

I don't expect this to be published but I wanted to tell NBC that the behavior of your reporter, David Gregory, was quite bothersome to me. To refer to the White House Press Secretary as a Jerk on camera??? The press today is showing no class and this whole thing is being blown out of proportion. Accidents (hunting or otherwise) can happen to anyone. Why not focus on stories that really matter.

This incident not only reveals the utter disregard, the VP has for our country's young men and women, whom he sent to Iraq to die, but also complete indifference to the rule of law of the country he is governing, when it was his responsibility to report the incident and apologise to the people who have elected him. In short, he has no value for life, be it human or the poor defenceless birds he so enjoys killing.

Its scary to imagine the kind of role model he would make and, the influence this incident will have on young minds.

It has been reported that there were 5 people in the VP's hunting party, yet only 3 have been identified - VP, Whittington, and the Swiss Ambassador. Who wre the other two? Why have their identities not been disclosed?

Cheney would not be such a loose cannon on so many important issues, and would not be the source of almost all of the problems the United States is facing if he were working in support of a competent, accountable boss. How can he possibly be allowed to stonewall a serious assault, and how can his people and the Secret Service be allowed to gag all of the participants, including medical personnel? His boss is Bush, and we cannot control his actions, but the medical support team and the government agents are being paid with tax money - and they, by law, are not allowed to lie, the way they obviously are. What else are they doing that is one big lie. Every other day we are finding out there is no ethical or truthful standard. It looks like the safety and security of this country and its people, both singularly and collectively, are fiction for the White House. Pity Mr. Whittington for his support and friendship with Cheney. Cheney has certainly not returned the sentiment.

Same old same old The rich guy gets away with it and the little guy eats crap all the time. Cheney is not above the law although he may think he is. He needs
to level with the American people or get out of the White House. Rich lawyers = legal crooks.

dThe Democratic and media hatred for this administration knows no limits, even if it surpasses what is best for our nation. How sad to be so consumed with hated that you forsake the good of the many to satisfy your own agenda. It was hunky-dory for the former president to publicly LIE about having extra-marital sex in the White House, yet you make much ado about timing regarding a terrible accident!

There is never any mention of Cheney saying that he was/is sorry for the accidental shooting...never. Guess I am expecting too much.

If Wittington sues, then maybe Cheney will have to divest himself of some of that Haliburton stock to pay damages. Now, how was it again that Haliburton got all those no-bid contracts?

Another classic case of arrogance and privilege for the rich and powerful. This typifies the entire current administration, working under a cloak of secrecy, claiming "national security" requires it. I bet we'll find out Cheney was around 15-20 FEET of the victim, not the 30 YARDS they have conjured up in the nearly 24 hours they took to concoct a story. Once that news breaks, it will be blatantly obvious to anyone with a brain that there is an "onion" of lies that will be revealed, as each layer is peeled off.
I am embarassed to be "led" by this administration.

More Cheney arrogance and incompetence. Why oh why do we put up with such reckless, hopeless people in our government? These people who think they are immune from any accountability need to go, and fast.

Yes, accidents do happen, but when it comes to guns there is a price to most mishaps. In West Virginia if this happened to most anyone they would loose thier gun, and thier license for five years.
This will not happen in this case. If any thing comes of it, it will be orchestrated by the Administration and will be ran through the spin machine and sugarcoated by the mainstream media and put to the people with no answers that match the facts.
To get the truth you must only look at the spin and unspin it. Look up when ask to look down and left when asked to look right. Dont trust what you hear, only what you see. With no Checks and Ballences left in this Administration we the people will loose.
No Checks, No Ballances, No America.

I guess the average American didn't know the Republican Elitists are above the law. They are a law unto themselves. This whole administration of King George has proven that wealth and corruption are in power and the common man is powerless to stop it. People, our government leaders can get away with just about anything and/or rewrite the laws to make it legal. Truth be known the shooter was probably 3 sheets to the wind and couldn't meet with the authorities till the next morning or he would have been found out. The reason there is so much secrecy in our government is because only theives and liars have things they want to hide from one another. What ever happened to the government of the people for the people by the people? Well the people are getting screwed. Martha Stewart did prison time for the same thing Frist is guilty of, will Frist do time, hell no he is a Republican Elitist. Cheney is abusing his power and the American people are suffering for it. Our Government has proved how much it cares for its people when it sends billions of dollars to Iraq and can't rebuild New Orleans. I think the American people are waking up to just how corrupt Republican politics is and how dangerous it is to our society. I hope they see enough to cause a sweeping change in the 2006 elections.

Don’t be so naïve. These people have ‘people’ and one of those people forgot to get the stamp(s). Besides, it was a private ranch, not public land. The real story here is watching David Gregory become unhinged along with the rest of the ‘old’ media over a non-story. If the poor fellow dies, then the story should be about another tragic hunting accident. As in most hunting accidents, the shooter will get off after a proper investigation. But the grand NBC News will try to create the ‘sensation’, just to get Dick. Pathetic!

This goes to show how the law is applied to the richest one percent who live in this country. Had this been your ordinary citizen you can bet he or she would not have been given 24+ hours to talk to the police. What a shame and disgrace for the Bush administration.

I keep hearing from the right that 'hunting is a dangerous sport'. The only times I've ever heard of hunting misshaps is when someone gets lost, or attacked by a wild animal, or when someone does something stupid with a gun. Which category does this fall under?

I beleive that Cheney should be treated like any other hunter and he was at fault for not knowing what was beyond his line of fire!!

Per the news reports, the police were notified within 10 minutes of the incident...not the next morning as one of the commenters falsely states. How people can take this hunting accident and relate it to Plame is beyond me...well except both are stories that the media has blown out of proportion.

I hope Mr. Whittington gets well soon. I know it with pain the media and other haters of Mr. Cheney to see him up and about.

I believe we are missing the main issue here. Did Mr. Cheney kill the Quail he was shooting at with the remainder of the pattern or did Mr. Whittington blocked his shot? Here in Texas we take our shooting skills serious. If Cheney got the Quail too, that's a double! That my sound callus of me. Yes it is , but the way the media is milking this story is callus too. I doughty ether of these two men just got started in shooting sports. They knew the risks. Any time you go hunting there's a risk of injury. The statistics in this column bare that out. It was an accident. Get over it !

I'm not sure why people are getting so upset about this, considering it was one rich and suspectedly corrupt veep shooting his rich lawyer friend. Let them ALL shoot each other. The entire Bush administration and all their insider friends: rifles for them all! Send 'em all on one humongous quail hunting trip. I think this was a gift from above. What goes around, comes around.

Obnoxiousness aside, I don't blame Cheney for his lack of licensing. It is HIS STAFF that is to blame. Which moron on the Cheney staff forgot to look up on the Internet that you need a separate $7 stamp to hunt Quail? It makes me wonder how many other things this person or group of people has screwed up without us knowing.

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