Dick Cheney

Is the Vice-President going to be a guest of the Texas Department of Corrections? Obviously not. But hypothetically, could he be prosecuted for his errant shot that injured his fellow hunter?

The answer is probably not. None of the statutes in the Texas Penal Code apply to the Vice-President's actions. The closest statute would be 22.05, Deadly Conduct, which states that "A person commits an offense if he recklessly engages in conduct that places another in imminent danger of serious bodily injury." This prohibition would not usually apply to hunters, especially ones that exercise caution like the Vice-President did. The typical deadly conduct offense is when someone randomly fires a gun at an apartment building or house.

If Mr. Whittington died from Mr. Cheney's gunshot, then the Vice-President could be prosecuted for Criminally Negligent Homicide, which is when the defendant causes the death of a person when he should have been aware of a risk that a death might occur. Hunters who accidentally kill other gamesmen are often prosecuted under this type of statute.

However, even that is a stretch. The only legal violation on Mr. Cheney made was not having an upland game stamp on his hunting license. After the accident, Mr. Cheney rectified this violation by sending a $7 check to the Texas Department of Parks and Wildlife.

Incidentally, the Vice-President is a convict. He has two D.W.I. convictions in Wyoming from his early twenties.

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