Marshall County Prosecuting Attorney Nelson Chipman announced Sunday the arrest of David J. Paulson, 35 of Hamlet, Indiana on four counts alleging 1) Neglect of a Dependent Resulting in Bodily Injury, a Level 5 felony; 2) Neglect of a Dependent, a Level 6 felony; 3) Criminal Recklessness, a Level 6 felony; and 4) False Informing, a Class B misdemeanor. The arrest took place on Sunday, February 15, 2015 at the Marshall County Sheriff’s Office at approximately 3:30 p.m. without incident. The arrest was made, and the investigation conducted by Patrolman Les McFarland of the Marshall County Police Department.
Before going into any further detail about the case, Chipman emphasized that a criminal charge is merely an accusation. Every defendant is presumed innocent until or unless proven guilty.
A probable cause affidavit was filed on February 13, 2015 in Marshall Superior Court No. 1, and an Order Finding Probable Cause issued by the Honorable Robert O. Bowen. The charges are a result of the allegations raised in the probable cause affidavit.
“In accordance with the Indiana Rules of Professional Conduct, I am constrained from elaborating any further than the information contained in this release. The public documents accompanying this release speak for themselves.”
The Probable Cause Affidavit states that Paulson and a 4 year old dependent were traveling west bound on US 30 about 9 p.m. on Saturday, January 31st when he made a 9-1-1 call for an accidental shooting. County Officer Les McFarland responded to the scene and began an investigation. Paulson said he had a loaded .40 caliber Smith and Wesson handgun in a pocket of his coverall that were laying on the back passenger floorboard. He said while driving he reached back to grab his coveralls in order to check for his wallet and the gun discharged hitting him in the back of his right upper arm.
During the investigation Officer McFarland examined the coveralls and didn’t find a bullet hole in them. The entry and exit wound and the straight and level path for the bullet to exit the front windshield lead him to conclude that it would have been impossible for the incident to have happened as alleged. On February 2nd Mr. Paulson had an interview with Officer McFarland. At that time he indicated it was reckless to leave a loaded and unsecured handgun in the back seat with his four year old daughter. It was also noted that the child was not in a child restraint seat.
When confronted about the incident Paulson said, “I just don’t know what happened.” When asked if it was possible that his daughter had retrieved the gun from the coveralls and shot him in the back of the arm Paulson said, “It was possible.”
David Paulson was arrested Sunday afternoon about 3:30 and release on a $750 cash bond about 6 p.m. the same day.
“I am also conflicted in my position as Prosecuting Attorney to seek ways to maximize public safety in our own community. There has been a rash of incidents across the country where children have innocently gained access to loaded firearms and by clear accident discharged them severely wounding, and sometimes tragically killing, family members. According to news reports last Friday it happened in California by a 10 year old firing her father’s, who is a policeman, service handgun wounding her 8 year old sister; on January 31 a three year old wounded both of his parents with one shot in New Mexico; and in April a two year old shot and killed his 11 year old sister in Philadelphia.”
“Accordingly, I emphatically encourage all lawful gun owners in our community to think twice, three times and more, about how to securely carry loaded firearms before an irreversible tragedy happens here.”
