Cheney is clearly at fault, no questions asked.
So what if the other guy was "out of position" with the rest of the hunting group. What if it was some other hunter, not in their group, but hunting in the same area?
There is NO excuse for firing at anything without knowing what is down-range, should the intended target be missed.
Another question I haven't seen answered.... Where is the quail Cheney was shooting at? He fired, did he hit it? Or was he sound shooting in that direction because the other guy was walking over there?
You know what happens to regular people who have these types of "accidents"? They loose their hunting licenses and probably their LTCs. In this case, Cheney won't even get a fine or have to pay for the hospital fees.
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Let me add something to that - Anyone have any information on Iraq or Afganistan involving "friendly fire" incidents? Have there been any acidental shootings where the shooter was court-marshalled? I'd like to know that.