TexasCHLforum.com

Very interesting. Thanks for posting Andy.

AndyC wrote:

“A North Bend man accused of fatally shooting a childhood friend while showing off a pistol he knew had been recalled has been charged with manslaughter,” komonews.com reports.

Some models of the pistol – a Springfield Armory XD-S – had been recalled by the manufacturer because of a safety concern. Springfield Armory warns that defective pistols could accidentally discharge under “exceptionally rare” conditions.

According to charging papers, Navarro said he was aware of the recall but had not sent his pistol in for repairs. Police say he was worried the repairs would take too long.

Navarro “knew the weapon was defective and placed a greater concern with his own inconvenience over safety,” the investigating officer said in charging papers.

Ouch.

http://concealednation.org/2015/09/here ... or-repair/

I'm no lawyer and I certainly didn't sleep in a Holiday Inn Express last night, but I'll bet you $20 that this guy's lawyer tries to blame SA for not coming to his house and fixing it on the spot.

That recall was issued 2 years ago too.

I thought that the XD-S recall related to an malfunction "while" shooting, which resulted in unintentional follow up shots without pulling the trigger again. Kinda like an accidental auto fire. If what I understood it to be true, it sounds like the man in trouble may have tried to use "my gun is defective by the manufacturer, it went off on it's own!" As a defense. I know my XD(S) very well, and it would be hard to disengage the backstrap safety, and the trigger safety, without holding and pulling the trigger on the gun. If he though it was empty and shot his buddy, that sucks, but I highly doubt the gun just happened to decide to go off when it was pointed at his buddy.

Edited to at the following:

Please read the article more!

"Investigators tested the pistol following the shooting and could not cause it to fire without the trigger being pulled."

"One of our customers reported that his XD-S™ had fired multiple shots unexpectedly and returned this pistol to us for our inspection. Our gunsmith recreated this situation in a test pistol by modifying the components of that pistol and was able to recreate the customer’s claim. Through extensive evaluation and testing of this pistol, we developed an improved engagement among critical components of the pistol to prevent the remote possibility of this unintentional discharge . . ."

"Like most of these recalls, recreating the issue would be nigh on impossible. One hopes the investigators contacted Springfield, rather than simply mucking around with Mr. Navarro’s pistol. In any case, the description of events indicates that the defect probably had nothing to do with the negligent discharge."

"“The evidence in this case shows that Robert Navarro retrieved a loaded firearm … pointed it at the chest of Albert Garza, and manipulated the firearm causing it (to) fire the bullet that killed Albert Garza,” the investigating officer said in court papers."

Certainly violated rules 1 and 3.

I actually was looking at recalls by manufacturer earlier today while I was waiting to finish an order.

Springfield has determined that under exceptionally rare circumstances, some 3.3 XD-S™9mm and .45ACP caliber pistols could experience an unintended discharge during the loading process when the slide is released, or could experience a double-fire when the trigger is pulled once. The chance of these conditions existing is exceptionally rare, but if they happen, serious injury or death could occur.

Springfield 3.3 XD-S™ 9mm pistols -serial numbers between XS900000and XS938700.
Springfield 3.3 XD-S™ .45ACP pistols-serial numbers between XS500000 and XS686300.

Don't know about you, but that would have me boxing up my XD-S in a hurry.

Here...let me show you the semi-automatic in my closet...Takes gun...points down or in a safe direction...drops the mag...double-racks the slide...gives gun to friend with action open....guess this is just too old-fashioned these days...(sarcasm intended).

dlh

Oh, and looks in chamber to confirm empty :)

dlh

And a grand jury would still have to indict...unless this is one of those "ham sandwich" deals.

dlh

According to charging papers, Navarro said he was aware of the recall but had not sent his pistol in for repairs. Police say he was worried the repairs would take too long.

You know on that note, that's how I justified buying a second carry weapon. If my primary ever needed repairs, or was recalled (again), etc, I would have a backup and not be unarmed. But based on the limited info of the article, my guess was that he (un)intentionally pulled the trigger. The fact that he didn't send his gun in for repair doesn't help him either. He's toast.

“The evidence in this case shows that Robert Navarro retrieved a loaded firearm … pointed it at the chest of Albert Garza, and manipulated the firearm causing it (to) fire the bullet that killed Albert Garza,” the investigating officer said in court papers."

Seeing this statement, the only reason they are using this argument is to fight his claim of a defective gun. It really has nothing to do with the recall. He pulled out a loaded gun and pointed it at another person and ended up killing them. They can't seem to prove intent to murder, but they trying to get him on manslaughter.

On the other side of this, I bet you could be held civily liable if you had a defective gun go off and you hadn't addressed a recall issue. I just don't think this case really applies.

Regardless of the defect- at least 2 of the 4 safety rules had to have been broken.