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Attorney Russ Richelsoph discusses with Arizona's Family reporter Briana Whitney the upcoming federal trial of IRS Special Agent Larry Edward Brown Jr. Brown was a firearms instructor at a training range for federal agents when his handgun accidentally discharged killing IRS Special Agent Patrick Bauer.

If you or someone you know needs an Arizona Criminal Defense Attorney, Russ Richelsoph can be reached at (480) 344-0933 or [email protected].

VIDEO SUMMARY:
The trial of IRS Agent Larry Edward Brown Jr., charged with involuntary manslaughter, is set to begin on February 5, 2025. Brown is accused of recklessly shooting fellow agent Patrick Bauer during a training exercise at a federal gun range in Phoenix on August 17, 2023. The incident occurred while the two agents were alone in a small building known as "the tower," where instructors observed training.

Court records reveal that Bauer's last words were, "Larry's an effing idiot," which have been admitted as evidence under the "excited utterance" exception. This legal exception allows statements made in the heat of the moment to be considered more reliable than those made upon reflection. Criminal defense attorney Russ Richelsoph, who is not affiliated with the case, explained that such statements are often deemed admissible because they are made spontaneously during a stressful event.

Prosecutors argue that Brown was reckless in his handling of the firearm, leading to Bauer being shot once in the torso. Brown, who is a use of force instructor, reportedly expressed remorse at the hospital, repeatedly stating, "I'm a use of force instructor - I should know better."

The defense plans to argue that Bauer might have survived if the emergency response had been faster and if the gun range had an emergency action plan. Court records indicate that the judge will allow the defense to present expert testimony supporting this claim. Richelsoph noted that while this argument might be used to seek a lesser sentence, it is generally not sufficient to prove innocence.

The case presents complex legal challenges, with both sides preparing to present their arguments in court. The defense's strategy includes highlighting potential delays in the response time from first responders and the lack of an emergency action plan at the gun range. These factors, they argue, contributed to Bauer's death and should be considered in the trial.

The trial is expected to draw significant attention due to the unusual circumstances and the involvement of federal agents. The outcome will likely hinge on the interpretation of Bauer's last words, the admissibility of the "excited utterance" exception, and the defense's argument regarding the emergency response.

This case underscores the critical importance of firearm safety and proper training protocols within federal agencies. It also highlights the potential legal complexities that can arise from tragic incidents involving law enforcement personnel. As the trial progresses, it will be closely watched by legal experts and the public alike, given its implications for federal training practices and accountability.

This story originally aired on Arizona's Family on January 27, 2025.