Episode Transcript
Available transcripts are automatically generated. Complete accuracy is not guaranteed.
Speaker 1 (00:00):
My name is John Mounts, filling in for JT. One
more day and we do this every Thursday. We talked
to Kirby Ferris, who's here in our studio hanging out.
You brought the biscuits with absolutely I appreciate. I was wondering.
I said, Kirby's coming in, but JT's not here. Will
we still see biscuits?
Speaker 2 (00:12):
Absolutely?
Speaker 1 (00:13):
Still saw.
Speaker 2 (00:13):
I'm not going to John.
Speaker 1 (00:14):
But I only had one bite because I did this yesterday.
I took a bite of an apple and then I
had to talk and I almost choked myself to death.
So I had one by the biscuit. I'm saving the
rest till nine o'clock.
Speaker 2 (00:22):
That's right.
Speaker 1 (00:24):
So Kirby, we've got you in here to talk about
a legal issue that I found kind of interesting from
a standpoint of uh, it's it's a little it's not
quite as cut and dry as some We've got a
situation happened at walk On's out in Hoover, where there
was an employee I believe he was the cook or
he worked in the kitchen in some way, and he
had a gun with him at work, and the gun
(00:44):
somehow went off and it struck another employee, that the
employee was injured, and since the hospital she was pregnant,
she lost the child. So a couple of legal angles here.
First of all, he has in charge of manslaughter, and
the reason it's not murder it is because why intent?
Speaker 2 (01:03):
Uh, In a murder charge, you have to have some
form of intent, and intent can come in a lot
of varieties. But if I go home today, get my
pistol out, drive back down here and shoot someone that
say that I've had an altercation with, then you can
infer intent from my action.
Speaker 1 (01:23):
And premeditation because you actually went and got the gun
and came back.
Speaker 2 (01:27):
That's right, that's right.
Speaker 1 (01:28):
And that doesn't seem like the case here now. But
it's not, say like negligent homicide. So because he's definitely
it looks like he's negligent because he has this gun.
If from from everything I've read, it was he had
the gun, it was in a bag or something like that,
and it discharged, right, and he didn't mean for it
to discharge. At least that's the claim that he didn't
(01:49):
mean for it to discharge. So that's that it's at
least negligent, But why does it rise from negligence?
Speaker 2 (01:55):
To manslaughter, well, because someone died as a result of
a reckless act. So then you start getting into the
realm of manslaughter in the criminal realm, so you have
negligence generally in civil settings. So if I'm negligent and
I harm you, you can then ask for money damages
for me. So in this case, he is guilty obviously
(02:16):
of a criminal act manslaughter, but are and assault because
he injured the lady. But he could also be guilty
of negligence for injuring and killing this child and be
sued civilly for money damages.
Speaker 1 (02:32):
And that's another aspect of this because it was an
unborn child, but we're still charging as if it was
a born child. So in this situation, it's considered like
a human being. It's not considered, you know, a tissue mass.
Speaker 2 (02:46):
It's right. Different states see that in different ways. Our
states see you as a human being that at inception.
Speaker 1 (02:52):
And that is an interesting thing, I guess because of
the way our laws are in Alabama. Now, from a
liability standpoint, I imagine that this employee, I don't know him,
but he probably doesn't have a lot of money himself,
but he was an employee of the restaurant and she
was an employee of the restaurant as well. So is
there a case against the restaurant. Are they possibly liable
because maybe they should have had a policy, if they didn't,
(03:14):
or maybe they didn't enforce the policy.
Speaker 2 (03:16):
I mean, this thing could go down a real rabbit
hole for Walkins. It could be as simple as they
had a good policy, he didn't follow it, they didn't
know and this happened that way, Walkins is off the
hook for any responsibility. But if they had a policy
and they knew the dangers of it, and they knew
this guy was bringing a gun to work and they
(03:37):
ignored it, they could have.
Speaker 1 (03:39):
A problem because if he's bringing a gun to work there,
he might have had a reason and there might have
been something else going on. We don't know. That's a
lot of speculation, but there are more people, I think
that than we realized, to carry a weapon to work
with them, even though there's a policy on the books
at their employer that they're not supposed to have it.
Speaker 2 (03:57):
Right, and it becomes a matter of does the employer
know are they have this policy yet they're condoning this
person bringing a gun to work, and that could be
a real problem for a.
Speaker 1 (04:06):
Company, and it could well be that his immediate supervisor knew,
maybe it was well known that you know around there,
the oh yeah, he always carries a gun. But yeah,
the official policy is that we don't allow that, but unofficially, yeah,
we know that Melvin has a gun on it.
Speaker 2 (04:20):
We're going to turn a blind eye to it. And
that could get you in trouble as a company.
Speaker 1 (04:24):
And that's one of those things where I guess as
a manager, you're considered a steward of your company's assets
because you even though you're just a low level manager
who's just in charge of filling out the timesheets, you
could make the company liable for millions of dollars. I mean,
you could bankrupt a company just because of negligence because
you're not, you know, performing your due diligence and making
(04:44):
sure things are safe for the employees and the customers.
Speaker 2 (04:47):
That's exactly right. The law views it as a corporation,
is an entity under Alabama law, but it only does
things through its employees and through its management, so they
are the voice and actions of the company.
Speaker 1 (05:00):
So the next thing that we'll see the steps in
this he's been charged and then I guess it will
go to court. At that point we'll decide. I mean,
how long would it take before this ghost or jury.
Speaker 2 (05:12):
It depends on what court says to be all you're
in and what the judge's docket looks like. But this
we could see this coena trial within a year to
eighteen months. But this is the kind of case you'll
usually see some resolution for.
Speaker 1 (05:28):
And I know that there's a lot of people who
are hoping for resolution very quickly. It's an unfortunate situation
all the way around. I mean, nobody is happy that
this happened, but it's hopefully something that I guess we'll
all learn from, hope.
Speaker 2 (05:40):
So and these families need a lot of our prayers
Speaker 1 (05:43):
Also, Absolutely, Kirby Ferris, thank you so much for joining
us on Alabama's morning news
My name is John Mounts, filling in for JT. One
more day and we do this every Thursday. We talked
to Kirby Ferris, who's here in our studio hanging out.
You brought the biscuits with absolutely I appreciate. I was wondering.
I said, Kirby's coming in, but JT's not here. Will
we still see biscuits?
Speaker 2 (00:12):
Absolutely?
Speaker 1 (00:13):
Still saw.
Speaker 2 (00:13):
I'm not going to John.
Speaker 1 (00:14):
But I only had one bite because I did this yesterday.
I took a bite of an apple and then I
had to talk and I almost choked myself to death.
So I had one by the biscuit. I'm saving the
rest till nine o'clock.
Speaker 2 (00:22):
That's right.
Speaker 1 (00:24):
So Kirby, we've got you in here to talk about
a legal issue that I found kind of interesting from
a standpoint of uh, it's it's a little it's not
quite as cut and dry as some We've got a
situation happened at walk On's out in Hoover, where there
was an employee I believe he was the cook or
he worked in the kitchen in some way, and he
had a gun with him at work, and the gun
(00:44):
somehow went off and it struck another employee, that the
employee was injured, and since the hospital she was pregnant,
she lost the child. So a couple of legal angles here.
First of all, he has in charge of manslaughter, and
the reason it's not murder it is because why intent?
Speaker 2 (01:03):
Uh, In a murder charge, you have to have some
form of intent, and intent can come in a lot
of varieties. But if I go home today, get my
pistol out, drive back down here and shoot someone that
say that I've had an altercation with, then you can
infer intent from my action.
Speaker 1 (01:23):
And premeditation because you actually went and got the gun
and came back.
Speaker 2 (01:27):
That's right, that's right.
Speaker 1 (01:28):
And that doesn't seem like the case here now. But
it's not, say like negligent homicide. So because he's definitely
it looks like he's negligent because he has this gun.
If from from everything I've read, it was he had
the gun, it was in a bag or something like that,
and it discharged, right, and he didn't mean for it
to discharge. At least that's the claim that he didn't
(01:49):
mean for it to discharge. So that's that it's at
least negligent, But why does it rise from negligence?
Speaker 2 (01:55):
To manslaughter, well, because someone died as a result of
a reckless act. So then you start getting into the
realm of manslaughter in the criminal realm, so you have
negligence generally in civil settings. So if I'm negligent and
I harm you, you can then ask for money damages
for me. So in this case, he is guilty obviously
(02:16):
of a criminal act manslaughter, but are and assault because
he injured the lady. But he could also be guilty
of negligence for injuring and killing this child and be
sued civilly for money damages.
Speaker 1 (02:32):
And that's another aspect of this because it was an
unborn child, but we're still charging as if it was
a born child. So in this situation, it's considered like
a human being. It's not considered, you know, a tissue mass.
Speaker 2 (02:46):
It's right. Different states see that in different ways. Our
states see you as a human being that at inception.
Speaker 1 (02:52):
And that is an interesting thing, I guess because of
the way our laws are in Alabama. Now, from a
liability standpoint, I imagine that this employee, I don't know him,
but he probably doesn't have a lot of money himself,
but he was an employee of the restaurant and she
was an employee of the restaurant as well. So is
there a case against the restaurant. Are they possibly liable
because maybe they should have had a policy, if they didn't,
(03:14):
or maybe they didn't enforce the policy.
Speaker 2 (03:16):
I mean, this thing could go down a real rabbit
hole for Walkins. It could be as simple as they
had a good policy, he didn't follow it, they didn't
know and this happened that way, Walkins is off the
hook for any responsibility. But if they had a policy
and they knew the dangers of it, and they knew
this guy was bringing a gun to work and they
(03:37):
ignored it, they could have.
Speaker 1 (03:39):
A problem because if he's bringing a gun to work there,
he might have had a reason and there might have
been something else going on. We don't know. That's a
lot of speculation, but there are more people, I think
that than we realized, to carry a weapon to work
with them, even though there's a policy on the books
at their employer that they're not supposed to have it.
Speaker 2 (03:57):
Right, and it becomes a matter of does the employer
know are they have this policy yet they're condoning this
person bringing a gun to work, and that could be
a real problem for a.
Speaker 1 (04:06):
Company, and it could well be that his immediate supervisor knew,
maybe it was well known that you know around there,
the oh yeah, he always carries a gun. But yeah,
the official policy is that we don't allow that, but unofficially, yeah,
we know that Melvin has a gun on it.
Speaker 2 (04:20):
We're going to turn a blind eye to it. And
that could get you in trouble as a company.
Speaker 1 (04:24):
And that's one of those things where I guess as
a manager, you're considered a steward of your company's assets
because you even though you're just a low level manager
who's just in charge of filling out the timesheets, you
could make the company liable for millions of dollars. I mean,
you could bankrupt a company just because of negligence because
you're not, you know, performing your due diligence and making
(04:44):
sure things are safe for the employees and the customers.
Speaker 2 (04:47):
That's exactly right. The law views it as a corporation,
is an entity under Alabama law, but it only does
things through its employees and through its management, so they
are the voice and actions of the company.
Speaker 1 (05:00):
So the next thing that we'll see the steps in
this he's been charged and then I guess it will
go to court. At that point we'll decide. I mean,
how long would it take before this ghost or jury.
Speaker 2 (05:12):
It depends on what court says to be all you're
in and what the judge's docket looks like. But this
we could see this coena trial within a year to
eighteen months. But this is the kind of case you'll
usually see some resolution for.
Speaker 1 (05:28):
And I know that there's a lot of people who
are hoping for resolution very quickly. It's an unfortunate situation
all the way around. I mean, nobody is happy that
this happened, but it's hopefully something that I guess we'll
all learn from, hope.
Speaker 2 (05:40):
So and these families need a lot of our prayers
Speaker 1 (05:43):
Also, Absolutely, Kirby Ferris, thank you so much for joining
us on Alabama's morning news
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