Genna Ayup, was shot by her boyfriend Ronald Corbin Jr. on the evening of June 26. Corbin, the father of the couple’s 2-year-old son, said he was changing the grip on his Glock, in their home, when the gun when off.
The Pima County Medical Examiner reported that the 2 year old said at the time, “Daddy don’t shoot mommy in the face. No, no, no.”
However, on August 22, the Pima County Attorney’s Office announced it would not file charges against the killer of Genna Ayup. They claimed they are ethically restricted to prosecute only those cases they think they can prove and they said they did not think they could prove the key element; criminal negligence.
Criminal negligence requires that a person fails to perceive a risk and that risk must be substantial. The Office claims that they lack evidence that Genna’s death was anything other than an accident. In other words, Corbin did perceive that there was a great risk of shooting someone while handling a gun..
Many are challenging that claim.
Many argue that nearly every gun owner, especially in Arizona where gun ownership is common, knows that when you are handling a gun it is serious business and should be conducted with extreme caution. A gun owner commonly assumes the gun is loaded and knows that they must check for ammunition in the magazine and in the chamber.
Hence, others argue that if Corbin was drunk, having admitted to drinking beer before the shooting, he is no different than a drunk driver behind the wheel of a vehicle.
Corbin, they argue, violated the standard of care associated with a firearm.
A drunk driver cannot claim that they could not form intent because he was drunk, no more than Corbin can say he didn’t mean to shoot Genna because he was drunk. The intent they argue was formed when he decided to drink and put a dangerous instrument in his own hands. The same intent cited by prosecutors all over the country against drunk drivers.
Still others question the investigation.
Reporter Paul Birmingham of KNST 97.1 FM, a Tucson outdoorsman, said Corbin’s claim that he was changing the grip should have raised red flags for police. The grip on Corbin’s Glock would have been nearly impossible to change out with a clip in the weapon. A clip was in the weapon when police took custody of it.
According to various sources, Tucson politicians are now considering ignoring the obvious issues with the failure of the County Attorney’s Office and possible issues with the investigation, to instead lobby the Legislature to create one more anti-gun laws.
Whatever the case may be, a petition is being circulated demanding justice for Genna Ayup here.