870 remington fail and killed a woman

[gregg]

This happen in Gregory co. SD. I think it has a stink to the story.
I lived in this county for 18 yr I left 4 years ago. What you all think?
I don't clean my shotgun and its Remington fault? Who's pump gun has safe that blocks the hammer?


http://www.msn.com/en-us/news/us
http://www.argusleader.com/story/news/2 ... /90017124/
Shotgun design could be key in murder defense


Jonathan Ellis, jonellis@argusleader.com 11:10 p.m. CDT September 10,2016

When she died Oct. 24, 2009, 26-year-old Leonila Stickney was thought to have been another victim of a hunting accident.

Stickney, authorities said at the time, was a passenger in a vehicle with her fiancé, who was road hunting pheasant in Gregory County. Her fiancé had just shot a pheasant and as he climbed back into their vehicle, his shotgun discharged, mortally wounding Stickney.

The episode prompted warnings from hunting safety advocates who distributed red magnets that read, “STOP Unload Before Entering.”

But Monday, in a Burke, S.D. courtroom, authorities plan to begin laying out their case that Stickney’s death was no accident at all – that her fiancé, an 18-year police officer whose law enforcement career included a stint as Harrisburg police chief, killed Stickney.

Russell Bertram, 64, is accused of first-degree murder in the death of the young woman. Authorities plan to lay out a case in which they portray Bertram as a controlling abuser who murdered Stickney after he found out she was pregnant with another man’s child. Key to their argument is that Bertram was the beneficiary to two life insurance policies worth $900,000.

But Bertram’s defense, according to court documents, could hinge on putting something else on trial: The shotgun he used that day during his hunt.

The Remington Model 870 pump shotgun is one of millions that have been produced for more than 60 years. The firearm uses a trigger mechanism, known as the common fire control, that is in use in several Remington shotguns and rifles. Critics say the mechanism is flawed: That even when the weapon is on safe, it can fire in certain situations.

Jack Belk, an Idaho-based gunsmith and longtime critic of the Remington common fire control design, said the flaw has led to countless examples of firearms discharging, cases in which people were wounded and killed by the faulty design.

“It’s been an ongoing problem,” he said.

David Lauck, an Arizona-based arms designer and gunsmith, examined Bertram’s shotgun for the defense. When he took the weapon apart, he found pieces of debris in the common fire control, a situation known to cause weapons to fire unexpectedly if bumped.

“Jar off (unexpected firing),” Lauck wrote in his report, “can occur with the safety in the on or off position, and without pulling the trigger.”

Following Lauck’s report, another expert witness appeared on the scene: Kentucky-based Derek Watkins, a former Remington engineer who now frequently testifies on behalf of the company in lawsuits.

It’s unclear whether Watkins was brought in by the state, by Remington or both. Remington did not return messages last week, and the attorney general’s office declined to comment on the case.

The Gregory County Auditor’s office confirmed that the county is paying the expenses for the trial, but the office did not know if that included Watkins and referred the question to Gregory County State’s Attorney Amy Bartling. Bartling did not respond to an email.

A phone number listed to Watkins went unanswered last week.

“The presence of Derek Watkins says Remington thinks they have a lot to lose by another criminal case going against them,” Belk said.

Regardless of its outcome, the circumstances regarding the case are unorthodox.

Stickney, originally from the Philippines, was married to a man more than 40 years older when she started a relationship with Bertram. Bertram was more than 30 years older, and had already been divorced three times to women who claimed in court filings that he was abusive and controlling.

Investigators determined that Stickney had developed relationships with other men. She was described as a vivacious woman who loved American life.

Following her death, Bertram went to the Philippines to meet Stickney’s family. He ended up marrying Stickney’s sister, Melissa del Valle.

During a 2014 interview with Guy DiBenedetto, an agent with the Division of Criminal Investigation who was investigating Stickney’s death, Bertram acknowledged the situation was “strange.”

“You were engaged,” DiBenedetto said, “she dies and you wind up marrying the sister, I mean for you and me in police work forever, that doesn’t seem too strange to us because we’ve seen stranger things than that. But you know to the general public they’d be like, hum, that’s kind of crazy.”

“Yes,” Bertram responded, “it is and I know, I mean it does look kind of goofy but yet, s*** happens. You know what I mean?”

Del Valle also filed for divorce. In an interview with DiBenedetto, she acknowledged that she agreed to marry Bertram because he sent $200-$500 a month back to her impoverished family, and that it gave her young daughter an opportunity to grow up and be educated in the United States.

On the day that Stickney died, Bertram told former Gregory County Sheriff Charlie Wolf that he had shot a pheasant and was returning to his vehicle, where he planned to put his shotgun barrel facing the floorboard inside the vehicle – an exercise carried out by thousands of South Dakota hunters during the hunting season.

But in this case, Bertram said, as he entered the vehicle, he felt a tug on the firearm and Stickney say, “Kiss me.” The gun suddenly discharged. Bertram said he applied pressure to the wound with a coat, called 911 and then rushed Stickney to a hospital, where she died.

The story stood, until authorities learned about the insurance policies Bertram had helped Stickney take out months before her death. In January, 2011, Wolf returned for another interview, this time accompanied by DiBenedetto. Wolf started off the interview by saying he’d never been completely satisfied with Bertram’s story of what had happened on that day in Gregory County. The insurance policies only added to his suspicions.

Bertram was again asked to recount what had happened. At one point, DiBenedetto asked Bertram whether he remembered putting the shotgun on safe.

“I thought I did,” he replied. “I thought I did. I really did. I thought, I don’t know. I can’t, can’t tell you. I thought I did.”

Whether it was on safe or not, Bertram’s fate could hinge on persuading jurors that the Remington Model 870 can fire whether it’s on safe or not, even if the trigger isn’t pulled.

Belk, who isn’t involved in the Bertram case, testified in a Wisconsin case that led to the acquittal this year of a man who was accused of shooting at another man on his property. Belk testified that Remington’s common fire control might have been responsible for discharging the firearm.

The mechanism, developed by engineers after World War II, contains a design flaw, Belk said. The safety can stop a person from inadvertently pulling a trigger, but it the design flaw doesn’t stop the firearms’ hammer from striking the firing pin if its jostled or dropped. To further complicate the problem, the post-World War II common fire controls were made with stamped metal and not machined metal parts.

“The gun can fire any time it’s loaded,” he said.

Belk has been criticized by some in the firearms industry for being a mercenary for plaintiffs’ lawyers suing Remington. While he acknowledged testifying in several cases and advising more than 100 lawyers, he said much of his work has been for free.

“They can say they have a safety, but they can’t answer the basic question of what prevents this gun from firing when it’s loaded?” Belk said.

Bertram’s case could last three weeks.

[Blaine]

Who knows? I had a Remington 700 that would drop the pin if it got dropped on the butt really hard.....There was a recall in effect for it. I sold it with full disclosure and the new owner had it sent in and fixed. I'd never trust another.

[AJMD429]

I don't know if it has the same trigger design, but I had a Remington Model 10 that would discharge about 20% of the time when pumped. I remember it well because I made the mistake of handing it to a cop who proceeded to pump it while it was pointed at my chest...

I do wonder why if he had just shot a pheasant, the gun was chambered....do they attack when wounded...? I can see maybe he wanted to be ready if a second shot was needed, but it isn't hard to open the action. Also why aim the muzzle at the passenger...?

[Bulldog]

He forgot the first rule of firearms safety.....

That being said, there seems to be a lot of circumstantial evidence of intent.

[.45colt]

I shot trap and skeet every week for about 12 years, at two different gun clubs. owned 4 different 870's. was surrounded by shooters with 870 trap guns. fired My 12 ga field gun more than 10 thousand rounds. never once saw an 870 just "go off" .......

[Sixgun]

Past history of abuse, 900k in insurance, and being 64.....thinking he is more smart.........sure outweighs the stupidity of putting a loaded gun into a car and pointing it in the direction of another human being....no brainer here..........guilty.

I would have killed the bastard had it been my daughter.----6

[Pete44ru]

I would have killed the bastard had it been my daughter.

No one available for retribution (an eye for an eye, etc) - most likely why he picks on vulnerable foreigner females.

I believe that the testifying gunsmith, Jack Belk, is the same JBelk that posts in the gunsmithing section of at least one other firearm forums ( www.shootersforum.com ).




.

[FWiedner]

I'd question the wisdom of placing a loaded firearm into a vehicle, especially if there were the possibility of the muzzle sweeping over a passenger, but the man adds the possibility that the woman grabbed the shotgun barrel and pulled.

So... While he's out "road hunting" the guy gets into his vehicle with his slutty girlfriend who is pregnant with another man's child and whom he just happens to have almost a million dollars in life insurance on, a round chambered, finger apparently on the trigger, safety apparently off, muzzle pointed at his passenger, and she playfully grabs the barrel and pulls it in her direction while saying "Kiss me."

Uh... right. "Accident" written all over it. It could happen... But probably not.

I've owned maybe four 870's over the last 30years. I even did 'drop' tests on each one to determine whether they might go off accidentally if knocked down or dropped in the field. Not one of them ever dropped the hammer by way of "accident". They all seemed pretty solid. But those are my guns, and chit happens. I've had more accidental or negligent discharges with my Model 94's, but then, I use those more frequently.

[jnyork]

Story does not pass the smell test.

If it IS a negligent discharge, then the perp disobeyed most if not every firearms safety rule in the book.

[marlinman93]

BS, and stinks to high heaven! He just shot a bird, and then has a fired hull in the chamber. But he jacks another round into the chamber....and then climbs into his vehicle? Not buying it. Sounds extremely stupid at the least, and numerous flags raised that he's lying out his rear!

[jeepnik]

He was putting a shotgun in the car with a round in the chamber? If it wasn't intentional, then it was negligent. Stupidity is no excuse for manslaughter.

Oh and as to the 870, as mentioned, there are millions out there, so why aren't there more cases of this type of "failure"?

We're getting into hot coffee and women's laps me thinks!

[gregg]

Worn sears happen !!!! I clean a gun I check best I can. You know pull trigger slow to check feel. Bump butt muzzle on padded floor slap on sides of firearm. Still its a machine. Machines fail. That's why we don't run around willy nilly with loaded guns. When I was a late teens about got my head blowed off by a savage 12ga. over under when action was closed.

1994 Gregory co. just moved in and that winter a native guy hit another native guy in head with a hammer. cause of death??? heart attract so no murder charge???? Couple years before I moved a guy in town . I WAS TOLD WAS BURNED OUT FROM DRUGES?? Lived in his mom and dads home. They had both passed on. His sister sent him money each ? week? month? Anyway native guys knew and would take it from him or part of it? They found him in garage in middle winter in his shorts dead. said natural causes? hear he had bruising all over him. So yes I feel you could get away with murder in Gregory Co.

Remington might have pay for this one.....

[Grizz]

He forgot the first rule of firearms safety.....

That being said, there seems to be a lot of circumstantial evidence of intent.

THIS ^

if you're not in a combat zone, you don't get into a vehicle with a round chambered, unless you are alone.

if you are in a vehicle with someone else, you never cover them with the barrel of the gun

regardless of the trigger hooplaa, that guy was himself TOTALLY UNSAFE

and may I say, there but for the Grace of God I might have gone thataway . . .

[Griff]

Hundreds, if not thousands of times I've racked a full magazine of shells thru dozens of 870s (all our SO used)... never had one go off. Yes, the safety was on. 3 shifts a day, did the same. I never heard of an AD.

His story doesn't pass the smell test. But, stupidity comes in all forms.

[cas]

Who knows? I had a Remington 700 that would drop the pin if it got dropped on the butt really hard.....There was a recall in effect for it.

So I assume you didn't point it loaded at your girlfriend.

[tman]

Used the same 870 since 1972. No problems with the gun. If any gun has a worn sear it should be mine! Bullshit story.

[Blaine]

Who knows? I had a Remington 700 that would drop the pin if it got dropped on the butt really hard.....There was a recall in effect for it.

So I assume you didn't point it loaded at your girlfriend.

That particular issue was in the news at the time.....I performed the check without ammo, dropping the rifle straight down on the butt from prolly 3'........(Did you really think me that stupid? )

[ollogger]

Bout 30 years ago a bud of mine shot & killed his wife while cleaning his gun
Long story short, he died in jail!!!



ollogger

[AJMD429]

So I assume you didn't point it loaded at your girlfriend.

That particular issue was in the news at the time.....I performed the check without ammo, dropping the rifle straight down on the butt from prolly 3'........(Did you really think me that stupid? )

No, we just weren't sure how much you liked your girlfriend...

[horsesoldier03]

Past history of abuse, 900k in insurance, and being 64.....thinking he is more smart.........sure outweighs the stupidity of putting a loaded gun into a car and pointing it in the direction of another human being....no brainer here..........guilty.

I would have killed the bastard had it been my daughter.----6

Definitely agree! Hell, a 64 yr old man dating a 26 year old woman would never have happened if it were my daughter!

[MrMurphy]

Major smell test issues on the intent.


I've heard of 870s firing when dropped, but very rarely.

Only legit one (seen pics) I know of involved a deputy who got into a guns-getting-pointed confrontation, chambered a round in his 870. Guy dove in his car and sped off. Deputy safed the gun and threw it into the vertical rack and pursued.

Miles at high speed on bad roads. Deputy forgot crossing a railroad track there was a hefty drop on the other side (you had to go very slow over the tracks and down)....his car caught air.

When the car impacted hard the shotgun gave it a free sunroof.

Only one I can verify for sure happened in a "drop goes bang" incident.

[Grizz]

Hundreds, if not thousands of times I've racked a full magazine of shells thru dozens of 870s (all our SO used)... never had one go off. Yes, the safety was on. 3 shifts a day, did the same. I never heard of an AD.

His story doesn't pass the smell test. But, stupidity comes in all forms.

one super-good feature of the mossberg 500s is you can back the carts out of the mag tube, just like a levergun.

[MrMurphy]

You can do the exact same thing with an 870, 1300, Nova, etc.......

This is not new news.

[jeepnik]

So just for the heck of it let's say the sear was worn. How could that be Remington's fault. That's like suing Ford for the worn out brakes on you car when you hit the kids in the crosswalk. Oh wait, that's been done. So I guess stupidity is a reason to sue.

[cas]

That's like suing Ford for the worn out brakes on you car when you hit the kids in the crosswalk. Oh wait, that's been done.

In this case it would be like hitting kids on the sidewalk after you drove your car right at them.

[Rusty]

I presently own 3 870s and non1of them have ever failed me.

[Grizz]

You can do the exact same thing with an 870, 1300, Nova, etc.......

This is not new news.

it is new news to everyone who hasn't heard about it ya know . . . otherwise, why rack 'em thru the action ?

[Griff]

You can do the exact same thing with an 870, 1300, Nova, etc.......
This is not new news.

it is new news to everyone who hasn't heard about it ya know . . . otherwise, why rack 'em thru the action ?

So you KNOW they'll chamber.

[Grizz]

You can do the exact same thing with an 870, 1300, Nova, etc.......
This is not new news.

it is new news to everyone who hasn't heard about it ya know . . . otherwise, why rack 'em thru the action ?

So you KNOW they'll chamber.

never thought of that . . . never had a failure to chamber with any shotgun, so I didn't know what I didn't know. LOL

[piller]

My 870 Wingmaster 20 gauge is now my son's. At least 30 years in the fields of Southwest Kansas behind it. No issues. No failures ever. I cleaned the trigger group for the first time ever about 5 years ago. It was still clean enough that I only actually cleaned for the principle of it. I call BS on the defense saying the trigger group is a faulty design. If the sand of Southwest Kansas doesn't foul it up, then it is not a flawed design.

[gregg]

NEW NEWS JUST TODAY...

Former Harrisburg Police Chief on Trial for Murder

Russell Bertram is charged with first degree murder in the 2009 death of his fiancée


Anndrea Anderson, Weekend Anchor/Reporter, a_anderson@kdlt.com
Adam Huntimer, Chief Photographer, a_huntimer@kdlt.com


POSTED: 06:33 PM CDT Sep 14, 2016

UPDATED: 07:46 PM CDT Sep 14, 2016

BURKE, S.D. -

A murder trial began Wednesday for a former Harrisburg police chief accused of shooting and killing his fiancée in 2009.
More from KDLT

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Former Police Chief Pleads Not Guilty To Murder Charge


Former Police Chief To Enter Plea This Month In Murder Case


Former Harrisburg Police Chief Indicted By Gregory County...


Russell Bertram was indicted on first degree murder charges September 2015.

His jury trial is being held in Gregory County, where the shooting took place.

The state argues that Bertram shot and killed his 26-year-old fiancée, Leonila Stickney while on a hunting trip in order to receive a nearly $900,000 dollar payout from her life insurance policy.

The state told the jury that it was on that hunting trip Bertram learned his fiancée was “late” and possibly pregnant.

They say Stickney did not know that Bertram had a vasectomy years before the two met.

The defense also argues that Stickney was the one who wanted the life insurance policies to be able to send money to her family back in the Philippines if anything were to happen to her.

The defense told the jury that the shooting was accidental.

They argue that Bertram thought the safety on his Remington shotgun was on, and when he was loading it back into his truck the barrel was “tugged on or grabbed” and the gun discharged striking, and killing Stickney.

The trial is scheduled to continue for the next three weeks in Gregory County.

If convicted on the first degree murder charge, Bertram faces a sentence of mandatory life in prison or the death penalty
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[guido4198]

To my mind, the ONLY way Remington should be held even partially accountable for this or any other "accidental" shooting would be if all safety rules for handling forearms have been followed.
You put a loaded shotgun in your car after hunting, you allow the muzzle to be pointed at someone, you violate the most BASIC rules of safe firearm handling and it's ON YOU.
PERIOD.

[AJMD429]

To my mind, the ONLY way Remington should be held even partially accountable for this or any other "accidental" shooting would be if all safety rules for handling forearms have been followed.
You put a loaded shotgun in your car after hunting, you allow the muzzle to be pointed at someone, you violate the most BASIC rules of safe firearm handling and it's ON YOU.
PERIOD.

Yep. It may be awful, and sad, and tragic, and ruinous, but it is NOT Remington's fault. Even IF the safety was a truly known-inadequate design, the fault is still the guy who pointed the gun at her.