FISHERS, Ind.–The man who dropped his gun in the IKEA store in Fishers is being charged with criminal recklessness. The gun fell into a couch and a child found it and fired it about 2 p.m. Monday.
Criminal recklessness is a low-level felony (Level 6).
The probable cause affidavit said Francis T. Wright, 62, of Camby, lost the .380 semi automatic pistol out of his short pants when he sat on the couch and crossed his legs. Wright co-operated with police after two six-year-old children found the gun and fired it, hitting the couch, but injuring no one.
Wright had a permit for the gun, but it was not in a holster.
“I teach in my classes. I wrote in my book, ‘Gun Safety for Dummies’, that if you’re gonna carry a handgun it needs to be in a holster and particularly it needs to be in a holster that provides adequate retention and it needs to be in a holster that protects the trigger,” said gun rights attorney Guy Relford, host of “The Gun Guy”, on WIBC.
He said he does not condone Wright’s dangerous means of carrying his weapon, but does not believe the Hamilton County prosecutor has a very good case.
Audio titled GUY RELFORD INTERVIEW ON IKEA CHARGE by 93WIBC
“I don’t know the prosecutor can establish he did anything knowing, intentional or reckless that created a risk, notwithstanding that fact he obviously made a mistake in losing control of his handgun,” said Relford. “To be guilty of the crime of criminal recklessness, you have to have recklessly, knowingly or intentionally committed an act that created a risk of injury to another person.”
Relford said the prosecutor would have to prove that at the time the gun fell out of the man’s short pants that he put a particular person at risk. He said the charge says that he put everyone in the entrace of the IKEA at risk, which is not a specific person or people.
“They say well, he was carrying a gun. It was in his pocket. They said something about he admitted the pockets in his shorts were shallow and unsafe. Well, ok, was the act of criminal recklessness the selection of his shorts?“
Relford said the defense attorney may want to act aggressively because the case is not strong and that the prosecution may offer a plea down to a misdemeanor. He also said IKEA may have some grounds for a civil suit, if they can prove heir business was damaged, beyond the hole in their couch.