NRS 202.290: Aiming a firearm at human being; discharging weapon where person might be endangered. 1) Aims any gun, pistol, revolver or other firearm, whether loaded or not, at or toward any human being; or; 2) discharges any firearm, air gun or other weapon, or throws any deadly missile in a public place or in any place is guilty of a gross misdemeanor.
NRS 200.471: Assault with a deadly weapon -
Assault: Definitions; penalties.
(a) "Assault" means an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another. (b) If the assault is made with use of a deadly weapon, or the present ability to use a deadly weapon, for a category B felony by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.
It was one year ago Sunday that I lost my only daughter, Kellie Von Urquidy-Parry, to a .50-caliber bullet. She was shot in the back at point blank range. The bullet ripped through her body like a rocket.
For 365 days I have asked myself why did this happen - how could our laws enable someone to do this to an innocent person.
The man who shot my daughter, Brandon Allen, had a lengthy record and the sheriff's office knew him well. Three of his arrests involved him aiming a gun at someone. First his own father, then at a mother and her two daughters on a highway, and then this man pulled a shotgun at his ex-wife's back and threatened to kill her and then shot the gun into the floor, scaring the woman to death.
This man was a walking, ticking time bomb but because of the way the law is written he could not be punished for "assault with a deadly weapon" because he did not actually "shoot" his victims. He could only be charged again and again with "aiming a firearm," which is only a gross misdemeanor not a felony.
Where does the word "fear" come into play here? I would think that anyone could plainly see that this man was going to kill someone - it was just a matter of time. Well, my daughter's time ran out Oct. 22, 1999.
I have lost my entire future with her. Some days it is a large feat to get out of bed and go about my daily business. I miss her so much. I look at her pictures at various stages of her life and wonder - how would she have looked at 25 years old, or 30, 40 and so on? Raised in a foster home I had no mother or sisters; she was the only woman in my life and a huge part of me, and now she's gone and I feel that it could have been avoided.
At this time of my life and especially this day I want to do everything I can in my power to change this law so that our government no longer enables these sick people, such as Brandon Allen, to continue to threaten people with weapons and get away with it for a few bucks and a slap on the wrist. Perhaps his life would have turned out different if he would have had to serve more time than four days of his life in jail for his "attempts." Perhaps he would have gotten the message that "aiming a firearm at someone is not the thing to do." Perhaps he would have learned his lesson.
The way the laws are written today you are either guilty of aiming a firearm or murder - it never goes back to assault. It is really a worthless law right now the way it is written. Aiming a firearm is not a felony, but this is all we really have. I have contacted Assemblywoman Bonnie Parnell, who has been very helpful. Parnell has always returned my telephone calls and has spoken to several legislators already on this issue and I want to thank her so very much for her time and concern.
We pay the police to protect us. What good is it for them to put their lives on the line for us if the laws don't support them? It seems the laws are written to protect the perpetrators, not the innocent victims. How many policemen and policewomen have arrested people like Brandon Allen only to know that they will be out of jail in a few hours to do the same thing over again.
There's a saying: "If you keep doing the same thing over and over you will continue to get the same results over and over." People are threatening each other and getting away with it. This guy, Brandon Allen, had no remorse for what he did to my daughter, myself or my grandson. During the trial he just smirked at us the entire time. There was no apology. Nothing.
I have one son left and four stepchildren. Between my husband and I we have 10 grandchildren. One of those grandchildren was left without his mother. I pray it doesn't happen to anyone else in my family or yours.
Kellie will always live in my heart and soul. She was a caring person and I know this is what she would have wanted me to do. I cannot let her death be in vain.
Gayle Farley, a Carson City resident, is a real-estate agent with National Best Sellers. She may be reached at gaylefarley@aol.com.
