Should a Kitsap County man who left a gun at his home be prosecuted after a boy took that gun to school and injured a classmate? The state court of appeals will hear arguments in the case on Monday.
Kitsap County has charged Douglas Bauer with assault after he left his loaded .45 at his girlfriend's home. Her son took the gun to school, and it went off accidentally and nearly killed 9-year-old Amina Bowman.
Bauer's attorney wants the case thrown out because he did not actually cause the injuries.
The Kitsap Sun reports both sides will argue their cases before the state court of appeals Monday. It will then be up to the court to decide if the case can go to trial.
The boy's mother, who is already a felon, pleaded guilty to a possession charge to avoid being charged with assault. She will testify against Bauer if this goes to trial.