I owned a lift that the operator was not certified to operate. the lift fell over killing 2 other employees
Jason,Thank you for your follow-up. Now I understand and I am genuinely sorry to hear of the fatalities. It appears that you are being sued for 'wrongful death' for the individuals in civil court. Civil suits and criminal charges are somewhat different to one another, and being found 'liable' in civil court does not mean that you would be automatically convicted criminally since the burdens of proof vary.This is the statute that you are likely concerned about:
6-2-504.Reckless endangering; penalty.
(a)A person is guilty of reckless endangering if he recklessly engages in conduct which places another person in danger of death or serious bodily injury.
(b)Any person who knowingly points a firearm at or in the direction of another, whether or not the person believes the firearm is loaded, is guilty of reckless endangering unless reasonably necessary in defense of his person, property or abode or to prevent serious bodily injury to another or as provided for under W.S. 6-2-602.
(c)Reckless endangering is a misdemeanor punishable by imprisonment for not more than one (1) year.
In Wyoming the statute of limitations is 2 years for any misdemeanor, so if they do not press charges within 2 years, regardless on whether or not you are found liable, they would not be able to bring charges against you.
I am aware of civil, this charge was brought on by county attorny. I took as plea deal. Has already happened just wondering if it was leagal.
Thank you for your follow-up, Jason.My apologies but that is legal. Civil and criminal options can be pursued independently or concurrently of one another. The DA may see criminal implications and bring charges even before the civil claim is pursued or finalized. There is nothing inherently illegal about what you have described since pursuing a civil claim does not somehow terminate or remove the ability to pursue criminal charges or vice versa.Good luck.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).