accidental discharge of rifle

Question
In our social studies group at school we are dealing with a number of mock legal cases that deal with the use of firearms.

In the specific case that has been presented to me by our tutor I have to "defend" a person who claims he accidentally shoots another person twice killing them. I was wondering if you could give me some information that my strengthen my case ( I know nothing about guns).

In the scenario my "defendant" claims that he stumbled and his gun went off hitting the "victim". Where I am having difficulty is the gun in question is a Remington 32 model 14 pump action rifle. My reading up of the information about this gun from the Remington site (amongst other information) would indicate that for the rifle to be fired a second time the pump action would need to be cycled to discharge the spent casing and introduce a new cartridge into the chamber, as well as cocking the gun. This would indicate a deliberate action on the part of the handler of the gun (which rather kills my defence arguement at the moment).

Is it at all possible that dropping the gun or stumbling whilst holding it would be sufficient to cycle the reload sequence without the need to physically "pump" the rifle and then also cause it to fire?

Would appreciate your thoughts as I have to have my paper handed in by the end of the week.

Thanks

Answer
Hi Jeff.

For the first shot the magazine of the rifle would have to be loaded with at least 2 cartridges, then the action would have to be pumped fully to the rear and forward again to chamber the first cartridge, then the safety would have to be set to the FIRE mode (if it was previosly on SAFE), and then the trigger would need to be pulled firmly to the rear. This would cause a bullet to exit the barrel while also creating a very loud noise, smoke, and recoil pushing the rifle backward and slightly upward towards the shooter. In order for the bullet to hit the victim, the muzzle of the rifle would have to be pointed at the victim with the victim in close proximity at the time when the rifle was fired.

For the second shot the action would have to be fully pumped again to eject the empty brass case and chamber the second cartridge, and then the trigger would need to be pulled firmly to the rear again.

It is unlikely that a pump action rifle could be fired accidentally with both bullets striking the same victim in the same general area but almost anything is possible given the right circumstances. It would be possible for a modified, excessively dirty, damaged, or defective gun to fire without the trigger being pulled fully or at all, however the pump action would still need to be cycled to chamber and fire a second cartridge. If you were carrying the rifle by the forend pump mechanism when it accidentally discharged (perhaps due to a defect or some object bumping the trigger such as a branch or shoe) then the sudden sound and recoil could scare you into jerking the gun by the pump action which could then result in a second cartridge being chambered and fired again via a similar trigger manipulation. Even if all of these factors ocurred at once it would still be highly improbable for both bullets to strike the same victim in the same general area as the sudden recoil and pumping action after the first shot would most likely align the muzzle of the gun in a new direction. If a gun accidentally discharged when it was only being carried then the average person would probably jerk it pretty hard in a certain direction or drop it altogether.

In a criminal case such as this it would be important to interview witnesses within sight or hearing distance of the shooting, measure the distance and angle from the shooter to the victim and the location of the gun shot wounds, and have the rifle inspected by a qualified gunsmith. You could also test the shooter's hands, forearms, legs, and face, and the victim's body for traces of gun powder residue which could confirm how the gun was held when it was fired and how far away the victim was from the gun when shot. Also look for the bullet fragments in the body or surrounding area.

Unless unusual and extenuating circumstances were present to cause a bizarre accident, or unless your defendant has an alibi or other evidence to show they are innocent, then it may be very tough to win the case.

Good luck with your case.

Bob