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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.
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