SPARKS, NV - Fernando Eagleheart didn't speak in Sparks municipal court on Tuesday, but for three hours, his attorney and the assistant city attorney spoke plenty about him. And his gun, a Walther PPK.
Eagleheart has said that he brought his gun, which he has a permit to carry, into the Sparks Century 14 Theater on August 14, 2012 when he went to watch the Bourne Legacy. But while he was sitting, he says it fell out of his pocket, hit the floor and went off. The bullet shot up through the seat and into Eagleheart's rear end.
Eagleheart's attorney, Ken Stover, argued the gun has a defect. The model was actually recalled in 2009 for accidentally firing. That's something Eagleheart says he didn't know about when he purchased it in 2011 from a local gun shop.
Still, Assistant City Attorney Doug Thornley claimed that - defect or not - Eagleheart was negligent that day because he didn't holster it or put the safety on.
Judge James Spoo says he will issue a written ruling at a later date. This is a misdemeanor charge and if Eagleheart is found guilty, he could be sentenced to six months behind bars and be fined up to $1,000.