September 22, 2014
SPARKS, NV - The man who accidentally shot himself in the Sparks Century Theaters on August 14 has been found guilty of negligently carrying a firearm.
Sparks Municipal Judge James Spoo ruled Thursday that Fernando Eagleheart should have had his gun holstered, even if he had it in his pocket. Judge Spoo also cited that he thought Eagleheart's pocket wasn't large enough to properly carry a firearm.
Nevada law doesn't specifically say a person legally carrying a concealed gun must have it in a holster, but Spoo referred to the negligence law which indicates prudence. Spoo says Eagleheart wasn't prudent in that the Walther PPK wasn't holstered and he didn't engage the safety.
Eagleheart's attorney Ken Stover, in a phone call this morning, says this ruling sets a precedence which may have gun owners who legally conceal weapons rethinking carrying them in pockets. He will talk to his client about appealing the decision. No sentencing date is scheduled at this time.