This case presented our office with an extremely unique set of facts. Clearly Ms. Blood was negligent during the deployment of her firearm. Kansas law, however, provides little to no guidance on how to proceed in these circumstances. Kansas, unlike some states, does not recognize criminal negligence. Kansas does recognize reckless conduct. To determine whether or not probable cause existed that Ms. Blood acted recklessly, the Court had to determine whether “a trier of fact could conclude with the evidence presented that Ms.
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