At a Glance
- Case Type
- Plea Deal
- Jurisdiction
- Washington, D.C.
- Date
- 2013-05-20
- Status
- Resolved
- Amount
- $1,000
A Washington, D.C., man charged with a weapons offense after he shot and killed a dog to stop an attack on an 11-year-old boy secured a deferred prosecution agreement in May 2013, giving him the opportunity to avoid a criminal conviction by registering his firearms and paying a $1,000 fine, according to The Washington Post [1].
The incident began on a January Sunday afternoon in the Brightwood neighborhood of Northwest Washington, when three pit bulls attacked a boy riding a dirt bike. Neighbor Benjamin Srigley intervened, retrieved his 9mm Ruger P-90 handgun from his house, and fatally shot one of the animals [1]. A D.C. police officer on bicycle patrol heard the shots and shot and killed the other two pit bulls [2].
Despite the apparent defensive nature of the act, Srigley faced legal exposure under the District's firearms laws. Discharging a firearm on D.C. streets is illegal, and the unlawful firing of a gun is punishable by up to a year in prison and a $1,000 fine, though self-defense is listed as a valid justification [2]. The District's gun laws also impose a registration requirement on all firearms. Residents of Washington, D.C., may own handguns, revolvers, rifles, and shotguns, but must register each firearm with the District [3]. In addition to registration with the police, applicants must undergo a background check and submit to fingerprinting [3].
The D.C. Attorney General agreed to defer the weapons charge against Srigley on the condition that he register his guns and pay a $1,000 fine, according to The Washington Post [1]. Under a deferred prosecution agreement, charges are held in abeyance and typically dismissed upon the defendant's compliance with the stated conditions. The arrangement allowed Srigley to avoid both trial and the prospect of a permanent criminal record while still requiring him to come into compliance with the District's strict firearms registration framework.
The case drew public attention to the tension between the District's stringent gun laws and circumstances in which an unregistered or unlawfully discharged weapon is used for a purpose most observers would characterize as protective. It was initially unclear whether Srigley's handgun was registered [2]. The resolution left open broader questions about how prosecutors in jurisdictions with restrictive gun regulations weigh enforcement priorities against the facts of individual cases, particularly where a civilian's use of a firearm arguably prevented serious injury to a child.
References
[1] The Washington Post. (2013, May 20). D.C. man who shot dog during attack has chance to avoid weapons charge. https://www.washingtonpost.com/local/man-who-shot-pit-bull-attacking-child-has-charges-deferred/2013/05/20/c8ac3356-c14c-11e2-bfdb-3886a561c1ff_story.html
[2] DCist. (2013, January 23). Shooting of Pitbull to Rescue Boy Could Be Illegal. https://dcist.com/story/13/01/23/shooting-of-pit-bull-to-rescue-boy/
[3] Price Benowitz LLP. (2024, April 4). Is It Legal to Own a Gun in Washington, DC? https://pricebenowitz.com/blog/is-it-legal-to-own-a-gun-in-washington-dc/