Horseplay With Loaded Gun Draws Ten Day Suspension

From the February 2025 Florida Bar disciplinary summaries

Albert V. Medina, 6616 NW 43rd Terrace, Boca Raton, suspended for 10 days, with conditions, and payment of disciplinary costs effective February 10, 2025. (Admitted to practice: 2014) Medina entered a plea and adjudication of guilt to the offense of culpable negligence, causing personal injury to another (a misdemeanor) after accidentally shooting his brother with a firearm while both were engaged in horseplay. (Case No. SC2024-1845)

The incident is described in a stipulated to the entry of an agreed order

The following allegations and rules provide the basis for respondent’s guilty plea and for the discipline to be imposed in this matter:

(a) On October 9, 2022, while engaged in horseplay with his brother, respondent retrieved a firearm from another room. Believing it was unloaded, respondent pulled the trigger, striking his brother in his bicep. Respondent immediately applied first aid measures and called 911 for help. Both respondent and his brother informed the police that the incident was an accident. Respondent was charged with misdemeanor culpable negligence.

(b) Respondent’s brother subsequently informed law enforcement that he wanted respondent prosecuted, but then signed a non-prosecution affidavit, informing authorities that he did not want his brother prosecuted and affirming that the incident was unintentional. In the interim, the charge against respondent was enhanced to attempted manslaughter. However, the felony charge w as subsequently nolle prossed.

(c) The criminal case against respondent was resolved on December 21, 2023, with respondent’s plea and adjudication of guilt to the offense of culpable negligence, causing personal injury to another, a first-degree misdemeanor. Respondent was placed on probation for twelve (12) months with special conditions. Upon his successful completion of the probation terms, respondent’s probation was terminated early on July 22, 2024.

(Mike Frisch)