Shooting incident resolved

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August 01, 2008

By Damian Mann

Mail Tribune

Central Point police have closed their investigation into the accidental shooting Tuesday of state Sen. Jason Atkinson as he remains under constant supervision at Providence Medford Medical Center.

"We find nothing criminal whatsoever," said Lt. Steve McGee.

The 37-year-old Central Point Republican dropped a cloth sack containing a .38-caliber derringer on his garage floor, causing it to discharge and send a bullet into his right leg above the knee. The bag and gun were attached to a bike belonging to an unidentified 53-year-old Jacksonville man who came to Atkinson's garage seeking repairs on the bike.

"He forgot to tell Jason it was even in the bag," said McGee. "It just slipped his mind."

McGee said if Atkinson had been aware there was a gun in the sack the accident likely would have been avoided.

Atkinson's wife, Stephanie, who applied a tourniquet to her husband's leg immediately after the shooting, said in a prepared statement for the Atkinson family Thursday that the senator will require at least one more surgery in the next few days.

"Jason continues to be in stable but critical condition," she stated. "The severity of his injuries requires an hour-by-hour analysis, however, there are many positive signs of improvement as he heads towards a full recovery."

She thanked those who sent their prayers and wishes to the senator as he recovers in the intensive care unit.

Hospital spokeswoman Lauren Van Sickle said Atkinson's condition was officially listed as serious.

"He's doing well, but he's still in serious condition," she said.

Serious condition is less severe than critical, which is a designation reserved for injuries that are life-threatening.

The hospital would not release the extent of Atkinson's injuries, or if there was much damage to his thigh bone.

Atkinson is a cycling enthusiast who has participated in races and has a collection of bikes in his garage, where he works on them as well as on friends' bikes.

Central Point police will not charge the gun owner even though he didn't have a concealed weapons permit because the accident took place at a private residence, said McGee.

He said he wouldn't release the Jacksonville man's name because of sensitivity for his family. McGee would only disclose that the man isn't a public figure.

"Everybody's crushed over it," he said.

Derringers of that type can discharge accidentally because they don't have the same kind of safety equipment as other guns, McGee said. The two-bullet derringer uses a hammer that drives a pin into the primer, he said. If the hammer is struck by hitting the floor or some other surface, it could discharge the weapon, he said.

McGee said the derringer didn't show any damage to the hammer area, but the bag material could have protected the gun from any scraping or scuffing.

The derringer could be returned to the owner because the police are finished with the investigation, he said.

"It's been my experience that they don't want anything to do with it," he said, referring to people whose weapons have been involved in accidents.

Reach reporter Damian Mann at 776-4476 or dmann@mailtribune.com

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