www.lebanon-express.com/articles/2005/10/05/news/headline/news03gunshot.txt

Finger may have been on trigger

Lebanon man in fair condition with gunshot wound

By A.K. Dugan, Lebanon Express writer

A Lebanon man was shot early Monday morning when a rifle laid on top of a vehicle discharged. The owner of the gun told Linn County Sheriff's deputies that he may have had his finger on the trigger, said Capt. Bruce Riley.

Devon Brickeen, 28, of Lebanon, was treated at Samaritan Lebanon Community Hospital for a gunshot wound in the right shoulder. Deputies were told his injuries did not appear to be life-threatening. He was treated at SLCH and transferred to Sacred Heart Hospital in Eugene, where he was in fair condition on Tuesday morning.

He and three other people were about five miles up the 600 line off McDowell Creek Road, on privately-owned land that is open for hunting. They were planning to spend the remainder of the night in their car, a 1992 two-door Toyota, before hunting in the morning. About 12:40 a.m. they stopped to take a break.

The driver, James Wiens, 43, of Crabtree, told deputies he removed a 7mm bolt action rifle from the car and placed it on the roof of the vehicle, at which time it fired and hit Brickeen. Weins said the older rifle was not malfunctioning and he must have had his finger on the trigger, Riley said. Wiens' hands were still on the rifle when it went off.

The incident occurred about 12:40 a.m. on privately-owned land that is open for hunting.

The men drove to McDowell Creek Park, about 12 miles southeast of Lebanon, where they met Sweet Home medics and sheriff's deputies.

All parties involved in the incident have been interviewed. No charges had been filed as of Tuesday morning. Deputies are continuing to investigate. The case will be reviewed by the district attorney, Riley said.

The cardinal rule of gun safety is not to have your finger on the trigger unless you're ready to fire, Riley said.

"That's a rule that's often violated and sometimes has tragic results," he said.