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U.S. Customs Agent Charged With Manslaughter In Fatal Shooting

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  • U.S. Customs Agent Charged With Manslaughter In Fatal Shooting

    A U.S. customs agent has been indicted in the shooting death of a 50-year-old man, but his lawyer said the incident was just a horrible accident.

    Eric Alke was arraigned Friday in Queens on charges of second-degree manslaughter and criminally negligent homicide (http://www.queensda.org/newpressrele...08_15_2008.pdf). The 41-year-old Customs and Border Protection agent pleaded not guilty.

    Queens prosecutors said Alke was off duty and had been drinking when he recklessly fired his .38-caliber revolver at his house on June 26. The shot struck Adrian Moldovan, a Queens real estate agent who had come to the house to help the landlord build a backyard patio.

    "Sadly, this case is a grim lesson why guns and drinking are a lethal mixture," Queens District Attorney Richard A. Brown said.

    Alke's lawyer, Gerard Marrone, said his client wasn't drunk, and he disputed the prosecutor's account of the shooting.

    Marrone said Alke, who works at John F. Kennedy International Airport, left his gun on a shelf in a vestibule leading to his residence, walked away and then heard a gunshot.

    He said Moldovan must have picked up the weapon and shot himself with it accidentally.

    "The victim took his gun and it went off," said Marrone, who added Alke rushed to Moldovan's aid and started giving him CPR.

    "Eric feels horrible about this," Marrone said. "He's a wreck."

    Marrone said the police never did any type of test to see if Alke had indeed fired the gun.

    "I don't think the facts rise to criminal negligence or manslaughter," Marrone said.

    If convicted, Alke faces a maximum of 15 years in prison.

    Alke, who's being held on $75,000 bail, has been on modified duty since the shooting.
    Honor to the End

  • #2
    Hmmm......Tricky
    Cant wait to see how this plays out in court.
    The Red, Bold, Italic is my official sarcasm tag.



    "I think many years ago an advanced civilization intervened with us genetically and gave us just enough intelligence to develop dangerous technology but not enough to use it wisely. Then they sat back to watch the fun. Kind of like a human zoo. And you know what? They're getting their money's worth"
    George Carlin

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    • #3
      If thats what really happened.....jeez.
      "Friendly Fire, isn't"

      Comment


      • #4
        Interesting ,why not check his blood alchohol immediately after the shooting? That would have solved the little drinking argument. Either way he will be held responsible in some way.

        Comment


        • #5
          his lawyer said the incident was just a horrible accident.
          A "horrible accident" is a basis for a manslaughter charge,
          Facts do not cease to exist because they are ignored. -- Aldous Huxley
          Two things are infinite: the universe and human stupidity. -- Albert Einstein

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          • #6
            It's inexcusable for a "trained professional" to be firing a gun in such a reckless manner. Even if it was just "Joe Citizen", I'd support him getting the max sentence (if convicted). Firing a gun recklessly isn't any less stupid or criminal than driving recklessly and he certainly knew better.
            "I'm not fluent in the language of violence, but I know enough to get around in places where it's spoken."

            Comment


            • #7
              Originally posted by pulicords View Post
              It's inexcusable for a "trained professional" to be firing a gun in such a reckless manner. Even if it was just "Joe Citizen", I'd support him getting the max sentence (if convicted). Firing a gun recklessly isn't any less stupid or criminal than driving recklessly and he certainly knew better.
              Bingo.

              Comment


              • #8
                Whoa, they're going with the "he shot himself" defense... well, none of us were there so we'll see what happens when the truth comes out at trial.
                "You don't want the truth because, deep down in places you don't talk about at parties, you want me on that wall, you need me on that wall... I have neither the time, nor the inclination to explain myself to a man who rises and sleeps under the blanket of the very freedom that I provide, and then questions the manner in which I provide it."

                Comment


                • #9
                  hey that defense seems to be working for phil spector

                  Comment


                  • #10
                    What no GSR test what in the hell where the investigating officers thinking. If he fired the shot he should do the time, if he did not fire it, his having been drinking or drunk should have no bearing on the matter. We would probably be fired for the negligent act of leaving the weapon unsecure even if the guy had shot himself. This is why they have an order about the securing of weapons here...

                    Comment


                    • #11
                      CBP also has an order about securing weapons, but a .38 revolver is definitely not his service weapon.
                      "You don't want the truth because, deep down in places you don't talk about at parties, you want me on that wall, you need me on that wall... I have neither the time, nor the inclination to explain myself to a man who rises and sleeps under the blanket of the very freedom that I provide, and then questions the manner in which I provide it."

                      Comment


                      • #12
                        another reason civilans shouldnt play with guns!

                        Comment


                        • #13
                          Originally posted by NORCOCOP View Post
                          What no GSR test what in the hell where the investigating officers thinking. If he fired the shot he should do the time, if he did not fire it, his having been drinking or drunk should have no bearing on the matter. We would probably be fired for the negligent act of leaving the weapon unsecure even if the guy had shot himself. This is why they have an order about the securing of weapons here...
                          Sounds like somebody had their heads up their butts for sure ,apparently they work under a different set of rules?

                          Comment


                          • #14
                            off duty officer shot guy with negligent discharge- negligent

                            guy handled off duty officer's gun and shot self- accident

                            Comment


                            • #15
                              Originally posted by tn_gunslinger View Post
                              off duty officer shot guy with negligent discharge- negligent

                              guy handled off duty officer's gun and shot self- accident
                              I agree but of course a good attorney can argue either.

                              Comment

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