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TheTman
06-14-2011, 12:47 PM
Court records: Husband shot wife during intruder game
BY LESLIE REED
WORLD-HERALD BUREAU
LINCOLN – On Thursday, Joshua Beasley dressed in black to attend the funeral of his wife, Alaina. One day later, the 21-year-old wore jailhouse blues as he stood before a Lancaster County judge to face a felony manslaughter charge in her death.
A police affidavit filed Friday revealed new details about the shooting death of Alaina Beasley, 20, on Jan. 31.
According to the affidavit, Beasley told a police investigator that he had been pretending to clear his home of intruders when he fired the shot that killed his wife of three months.
He said that was something he and his wife had practiced in the past.
Beasley turned himself in to police Friday and was jailed briefly before County Judge James Foster released him without bail Friday afternoon. With his parents and other family and friends watching from the back of the small courtroom, Beasley answered clearly and firmly “I do” when asked if he understood the charge against him. He looked solemn and tense, his shoulders slightly hunched, as if he were holding himself together.
Afterwards, his parents and other supporters declined to discuss the case, although family and friends have questioned the need to prosecute Beasley, saying that the young man should be forgiven because he already is suffering for his actions.
A veteran prosecutor said criminal charges almost always are justified in even a so-called “accidental” shooting death.
Sarpy County Attorney Lee Polikov, who heads the Nebraska County Attorney's Association, said that negligence that results in someone's death calls for a manslaughter prosecution.
“Forgiveness isn't the job of the prosecutor,” he said. “It's to hold people accountable for their actions. If you're negligent and harm someone, you have to be held accountable.”
According to an affidavit written by Lincoln Police Sgt. Greg Sorensen, Beasley told police that on the day of the shooting he had been working on his 12-gauge shotgun in his living room. He said that he'd been having trouble with the way it ejected shells while using it earlier in the day, according to the affidavit. Family members have said that the couple had been skeet shooting at targets that day.
After he finished working on the gun, he loaded it with three rounds, one in the chamber and two in the magazine.
After putting some things away in his bedroom, he said that he picked up the gun and began to pretend to clear the home of intruders, something he and his wife had practiced in the past.
He rounded the corner into the kitchen, where his wife was standing near the sink. She pointed her hand at him, pretending to have a gun. According to the affidavit, Beasley said he raised the shotgun to his shoulder and fired one round. He said that he had forgotten the gun was loaded.
He said that he threw the gun down, went to assist his wife and called 911.
An autopsy showed Alaina Beasley died of internal injuries caused by a gunshot wound to her upper right chest.
In an interview with The World-Herald, Beasley had said he accidentally shot his wife while cleaning his shotgun.
Joshua Beasley's brother, Dan Beasley, said Friday that the Beasley family couldn't comment on the case.
“He has an attorney, and we were told we basically can't say anything,” Dan Beasley said.
Alaina Beasley's father, Ron Moore, said that he and his wife, Beth, did not want to further discuss the case.
Polikov said that he thinks most Nebraska prosecutors believe that charges should be filed in nearly all shooting deaths.
A World-Herald review of a dozen unintentional shooting deaths covered by the newspaper since 1985 show that all but five resulted in criminal charges.
One case that did not result in criminal charges involved a 16-year-old boy who shot his 13-year-old cousin; another involved a state trooper killed in a training exercise in 1999. The three remaining cases involved poor gun handling – when a gun went off during a drinking party; when one accidentally fired while someone tried to unload it; and when a man got shot trying to grab a gun.
Polikov said that on occasion there may be extenuating circumstances in which he might not file criminal charges- a hunting accident, perhaps, or an instance where a child playing with a gun kills a family member.
Nonetheless, in most cases, the death results from acts that carry foreseeable danger, he said.
“People that own guns should not be negligent in how they are handled,” he said.
Polikov said that it's unlikely that someone with a good record would be sent to prison for accidentally shooting someone to death.
After putting some things away in his bedroom, he said that he picked up the gun and began to pretend to clear the home of intruders, something he and his wife had practiced in the past.
He rounded the corner into the kitchen, where his wife was standing near the sink. She pointed her hand at him, pretending to have a gun. According to the affidavit, Beasley said he raised the shotgun to his shoulder and fired one round. He said that he had forgotten the gun was loaded.
He said that he threw the gun down, went to assist his wife and called 911.
An autopsy showed Alaina Beasley died of internal injuries caused by a gunshot wound to her upper right chest.
In an interview with The World-Herald, Beasley had said he accidentally shot his wife while cleaning his shotgun.
Joshua Beasley's brother, Dan Beasley, said Friday that the Beasley family couldn't comment on the case.
“He has an attorney, and we were told we basically can't say anything,” Dan Beasley said.
Alaina Beasley's father, Ron Moore, said that he and his wife, Beth, did not want to further discuss the case.
Polikov said that he thinks most Nebraska prosecutors believe that charges should be filed in nearly all shooting deaths.
A World-Herald review of a dozen unintentional shooting deaths covered by the newspaper since 1985 show that all but five resulted in criminal charges.
One case that did not result in criminal charges involved a 16-year-old boy who shot his 13-year-old cousin; another involved a state trooper killed in a training exercise in 1999. The three remaining cases involved poor gun handling – when a gun went off during a drinking party; when one accidentally fired while someone tried to unload it; and when a man got shot trying to grab a gun.
Polikov said that on occasion there may be extenuating circumstances in which he might not file criminal charges- a hunting accident, perhaps, or an instance where a child playing with a gun kills a family member.
Nonetheless, in most cases, the death results from acts that carry foreseeable danger, he said.
“People that own guns should not be negligent in how they are handled,” he said.
Polikov said that it's unlikely that someone with a good record would be sent to prison for accidentally shooting someone to death.
“Truly, prosecution is not the worst thing the people involved in these incidents have to face,” he said. “There's the public shame, the remorse and their own consciences. When you measure that against my job, I'm not the bad guy. It (prosecution) is survivable.”
World-Herald staff writer Maggie O'Brien contributed to this report.

The young couple:
http://kartalk.pccomps.com/beasley-couple.jpg

TheTman
06-14-2011, 12:52 PM
Sorry to post such a tragic tale. I'm sure we all know better than to point a weapon at something we are not willing to destroy, and especially not another person, let alone pulling the trigger.

Bawanna
06-14-2011, 01:12 PM
I see no need for apology. It's a good reminder, a horribly tragic incident. In one respect the prosecutor is correct. The husband is already suffering the worst punishment he can get regardless of charges or prison or anything else.

It happens. Fortunately I think with more awareness it's happening less and less and usually involves non gun owner type people in more cases than not.

I feel bad for the husband. Just a bad deal all the way around.

Scimmia
06-14-2011, 01:24 PM
I feel bad for the husband. Just a bad deal all the way around.

I don't. This was beyond negligent on his part, and he deserves whatever he gets. Pointing a gun at someone and pulling the trigger should get him sent to jail, loaded or not.

OldLincoln
06-14-2011, 02:42 PM
I often ask myself what is the purpose of incarceration. It's easy when a carreer criminal is locked up because it's to separate him from opportunity to commit further crimes. Same with other intentional and often repeatable actions like DWI, etc.

The notion of "justice" is cloudy as is "reasonable and just." In my city, drivers are well known to blatantly run red lights. They get a ticket and fine when caught, they go to jial when they kill somebody. The threat to society is equal in each case, so is it "reasonable and just" when the outcome is determined by chance?

I'm likely just thinking out loud here, but when it is determined that this is not something that person intended nor would repeat, and the situation itself is a deterrent to others, I fail to see benefit to society for locking him away. If the guy even touches a gun in the future, it is most likely he will check it's status repeatedly. If just reading the article doesn't make one pause and think about their training procedures I doubt seeing him locked up will influence them toward that end.

Bawanna
06-14-2011, 02:52 PM
I seriously doubt he will ever pickup another gun as long as he lives. It's of course impossible to determine his moral standing without meeting him and I base my opinions solely on what I read.

The cost of incarceration not even considered I'd see no benefit in sending that boy to prison if in fact the story is factual.

You can preach safety and responsiblity for ones actions but the fact remains accidents, negligent, or otherwise happen to the best of the best. Granted he was negligent in a huge way but I dont read any wrongful intent which of course doesn't do a thing to bring back that girl.

paul34
06-14-2011, 03:32 PM
I knew this story looked familiar. From 2009.

A tragedy, yes, but completely avoidable. Why would you ever point a gun at someone and pull the trigger, even if it is "unloaded"?

Also, and maybe I am being too skeptical here, but this could also be a weak cover story for an intentional shooting.

Anyway, remember accidents/negligence always seem to happen with an "unloaded" gun!

Bawanna
06-14-2011, 03:35 PM
I knew this story looked familiar. From 2009.

A tragedy, yes, but completely avoidable.

Also, and maybe I am being too skeptical here, but this could also be a weak cover story for an intentional shooting.

That thought crossed my mind also which is why I clarified if it in fact was as stated. We'll never know.

If it was proven intentional I still would not recommend prison. I'd lean more towards a rope and a proper limb.

wdg
06-14-2011, 04:31 PM
What a tragedy! ...."God Help Him" Don't know how you live after such an incident!
SAFETY CHECK! DOUBLE CHECK! and Check Again!
....Serves as an important reminder ... Good effective Post! Thanks for sharing and reminding.

TheTman
06-14-2011, 04:50 PM
I wondered the same thing about perhaps the marriage had soured and it was all a cover story. I hope not, but stranger things have happened. I think had I been responsible for such a tragedy, I'd turn the shotgun on myself. I don't think I could live with the guilt. I guess she didn't die immediately, so maybe he hoped she'd live.
Yep it happened back in 2009, The man got 3-5 years in prison.
Here is some more info on him including a TV interview. http://www.ketv.com/r/21106267/detail.html

I just got this story from Front Sight weekly newsletter today. Of course they were trying to sell me a dry fire practice manual that would help you train yourself to avoid scenarios like that.

BuckeyeBlast
06-14-2011, 06:10 PM
I'll tell you, I've disassembled a gun and put it back together. Even at that time knowing it's 100% clear, I still wouldn't be able to point it at someone I love. I just can't. I've even tried before (tried while teaching my wife how to disarm someone holding a pistol), but had to hold it near low ready or off to the side. I guess I won't try to get over that awkward feeling. I can't begin to imagine the guilt that will torture this guy for the rest of his life.

joe d
06-14-2011, 06:27 PM
This is a terribly tragic sad story...All that being said,IMO,the guy is a G-damn idiot...I wouldn't point my finger at my wife,let alone ANY gun,toy,empty or otherwise...Or at anybody for that matter...He was playing 'clearing the house' with a loaded gun that he forgot was loaded ???... what a dumb*ss...just my .02

AFVet
06-14-2011, 07:11 PM
I'm not sure that harming a family member and "suffering" is necessarily a get out of jail free card. The guy was, at a minimum, horribly negligent.

knkali
06-15-2011, 02:43 PM
sad indeed.

What a nice looking couple. The kid is living in hell on earth. What can be said?