State v. Brannan

Judge Harold R. Banke.

The Gwinnett County Solicitor charged Robert G. Brannan with reckless conduct, a misdemeanor. Brannan’s three-year-old child, who was visiting at his father’s home, was accidentally shot in the foot by a rifle the child found under the bed. The accusation alleged that Brannan “consciously disregarded] a substantial and unjustifiable risk that his act of leaving an unattended and loaded rifle in the common play area of the child would cause harm to another. . . .” Brannan moved to suppress the weapon seized by the officer during a search of the bedroom and to exclude…