.44 magnum mouser won't face charges

[Hazcat]

A Potter Valley woman who wounded herself while attempting to kill mice with a .44 Magnum revolver won't face criminal charges, authorities said Thursday.

The Mendocino County District Attorney's Office had been considering whether to charge Debra Due, 43, with negligent discharge of a firearm.

"There's insufficient criminal intent," Chief Deputy District Attorney Jill Ravitch said Thursday. "Sometimes incredibly stupid things don't amount to criminal acts."

The shooting occurred in the early hours of July 3 as Due tried to kill mice in a travel trailer on her property for a female tenant who was moving in, said Sheriff's Capt. Kurt Smallcomb.

Due, who was intoxicated, went to the trailer about 1:20 a.m. with her gun holstered under her left arm "because she knows there's a mouse problem," Smallcomb said.

But as she drew the revolver, it slipped from her hand, hit the floor and fired, Smallcomb said.

The bullet went through Due's right kneecap, then struck a set of keys hanging from the belt loop of a Clearlake man who was helping with the move. The bullet glanced off the keys and tore a hole in the man's pants, Smallcomb said.

The bullet traveled between the man's pants and undershorts, grazing his groin before ending up in his pocket, from where it was recovered for evidence, Smallcomb said.

"He's really lucky. If it didn't hit him in the key chain, who knows what would have happened," he said.

Due was taken to Ukiah Valley Medical Center for treatment and later discharged.

Apparently no mice were harmed, Smallcomb said.

Due, who also is listed as a Windsor resident, could not be reached for comment Thursday.

The road leading to her rugged property and the homes of several neighbors, just west of the Lake County line near Highway 20, was blocked Thursday by a locked, wrought-iron gate lined on top with small American flags.

Smallcomb said there may be a lesson from the accident: "I guess you don't drink and shoot mice at the same time," he said.

http://www.pressdemocrat.com/article/20080711/NEWS/807110322/1033&title=Potter_Valley_mice_shooter_won_t_face_charges

[DDMac]

Off the criminal hook, by a whisker.
Mac.

[unique]

Probably just as well being stupid is not a crime, otherwise we'd probably have more jails than houses.