| |
handling dangerous weapons, a finding of misconduct
is appropriate.
The IO’s report should include
information about the following:
l
l
l
l
l
l
Whether the subject member was familiar with
guns in general and with the gun in question
Whether the member was aware of the weapon’s
safety features
Whether there were any defects in the weapon
and whether the member knew of such defects
Whether the member knew the gun was loaded
or had checked the chamber for its possible
loaded condition
Whether the member had cocked the weapon
How the weapon was positioned in relation to the
service member’s body and why it was placed in
that position
l
l
l
The possible cause of the weapon’s discharge
The mental attitude of the handler, including any
alcohol or drug involvement
Any intervening factors
SUMMARY
Your knowledge of the proper procedures involved
with the conduct and preparation of the various types of
JAGMAN investigations is an important aspect of your
duties as a senior LN. Additional information
concerning these investigations can be found in chapter
II of the Manual of the Judge Advocate General and
JAGINST 5890.1. Whenever you are involved with
working on a JAGMAN investigation, you should take
the time to review the applicable sections of the
JAGMAN and JAGINST 5890.1 to make sure all
procedures and any special requirements are followed.
13-24
|
