Danville chief's lawyer files to dismiss negligent firearms charge
Alan Cronheim has filed a motion in the Salem Circuit Court seeking to toss the negligent storage of a firearm charge filed in the wake of 15-year-old Jacob Carver's death inside the chief's Danville home on March 11, 2013.
Cronheim, an attorney for Sisti Law Offices, argues the state law used to bring the violation-level offense doesn't apply in this case because the death resulted from a suicide.
In this case, Cronheim maintains that law can't be used because the state Medical Examiner's Office ruled Carver's death a suicide following an autopsy.
The Legislature, in writing the law, "declined to have the statute applied to circumstances where a child obtains a firearm and chooses to knowingly or purposely discharge the firearm. In making this determination, the Legislature reasonably and understandably defined the statute so as to avoid penalizing an individual for a circumstance where a child chooses to knowingly or purposely discharge a firearm in a circumstance where the owner of the firearm has not given permission to the child to use the weapon," the motion said.
"While some supporters of the legislation referenced suicide, there is an absence of discussion by them of the statutory terms included in the legislation," he wrote.
Parsons has remained on the job despite the case and has received the support of selectmen, who insisted that Parsons shouldn't be held responsible for Carver's death.