A Snapchat video has gone viral on social media showing two men in a car firing semiautomatic weapons out of the vehicle's windows.
The two men have been identified by authorities because of the Clayton County filter on the video. They have been identified as allegedly being Jonathan Marin and Edgar Reeves according to Clayton County Sheriff's Office. Both are being sought for questioning, but it is believed they have fled the county. Reeves has also been accused of Georgia Violation of Probation with this conduct. Police still have no idea where the shots were fired - just that the video shows sporadic shooting out of the vehicle's windows into the darkness.
Authorities have asked residents to check their property and to report any property damage or injuries that may have resulted from the gunfire.
As a Georgia Criminal Defense Lawyer, I will focus on the offense of reckless conduct in the state of Georgia in today's post.
Reckless Conduct in Georgia
The two men in the video legally displayed the criminal offense of reckless conduct in Georgia. This is defined by the Georgia Code as:
A person who causes bodily harm to or endangers the bodily safety of another person by consciously disregarding a substantial and unjustifiable risk that his act or omission will cause harm or endanger the safety of the other person and the disregard constitutes a gross deviation from the standard of care which a reasonable person would exercise in the situation is guilty of a misdemeanor. O.C.G.A. §16-5-40.
Reckless conduct is best described as a gross deviation from the standard of care which a reasonable person would exercise in the same situation. Some examples include randomly firing a gun as in the story above, leaving a child unattended, using drugs in public places, or even storing weapons irresponsibly.
As a Georgia Criminal Defense Attorney, I define the crime of reckless conduct as a catchall offense. It's a crime of general intent which means that no specific intent needs to be proven.
In order to convict someone who has been accused of reckless conduct, the prosecution will only need to prove that the person behaved recklessly beyond a reasonable doubt. This means that the prosecution will only have to prove that the person's actions did not meet the standard of conduct required by a reasonable adult.
Reckless conduct is considered a misdemeanor offense in Georgia. The penalty if convicted can include up to 12 months in jail, a fine up to $1,000, or both.
If you or a loved one has been arrested for a crime in Georgia, contact us.