Live rounds were accidentally shot during a western reenactment performance by Myers’ Marauders Sunday, Aug. 2, during Hartsel Days, injuring one of the cast members.
Timothy Gregg, 54, was on the receiving end of a non-fatal bullet to the groin, shot by Mauraders’ leader James Myers, 53.
Myers claims he was unaware there were live rounds in one the two .45 colt revolver replicas he had on his person for the show, according to an incident report compiled Aug. 3 and made available to The Flume from the Park County Sheriff’s Office.
Myers stated in the report that the guns were normally stored in his home in a hard case and were hardly used, except for reenactments. He picked up the case without inspecting it, he told sheriff’s deputies. He also stated that he failed to follow the team’s normal safety protocol.
Failure to inspect a weapon for live ammunition is reckless and could have killed this man.
Left his family without a Father or Husband, son or brother and if it didn't kill him could have disabled him from working, lost wages, pain and suffering, disfigurement, not to mention it could have struck a child or other spectator. Hitting him in the groin could have penetrated the femoral artery in which he could have bled out and died within a few minutes. Although some of the more devastating consequences did not happen the overwhelming conditions existed that it could have had fatal consequences.
For an example:
If you ride a horse you are riding an animal that is unpredictable, however if the tack is not inspected for defects, torn latigo, defective cinch or any other straps defective and you let someone ride your horse, your liable should they get hurt due to your defective equipment and your lack of inspecting that equipment before anyone mounting that horse. Now if the horse suddenly spooks and your rider gets thrown off and gets, hurt then the Equine law protects you from a civil suit so to speak but anyone can bring a law suit, but they would have to prove you were negligent. Which if you have defective equipment...is not a hard thing to prove.
Colorado Equine Law does not protect the owner from negligence.
