State v. Meier

I respectfully dissent from that portion of the majority opinion which affirms Meier’s conviction for reckless endangerment. I believe that in determining whether or not Meier’s conduct constituted reckless endangerment there is an essential issue of whether the gun was actually loaded or unloaded.

In order to convict Meier of reckless endangerment as charged, the State must prove beyond a reasonable doubt that Meier created a substantial risk of serious bodily injury or death to another and that the circumstances manifested Meier’s extreme indifference to the value of human life. Section…