A Santa Clara County judge gave police permission to destroy a gun taken from a 92-year-old Los Altos man who accidentally fired the weapon while sitting down on the toilet.
Police got a call from Donald Weiler, who lives on Alicia Way in Los Altos, at midnight on May 5.
Weiler told police he had accidentally fired his gun, and that he was bleeding and didn’t know how badly had been hurt by the gunshot, according to papers filed by the city of Los Altos in Santa Clara County Superior Court on Aug. 16.
When police arrived, Weiler said he gotten up to go to the bathroom and had taken a .32-caliber handgun he slept with with him. As he was sitting down on the toilet, the handgun fired according to the lawsuit.
Police said that Weiler seemed confused about why the gun had gone off and why he had taken it into the bathroom at all, according to court documents.
luckily, police found that Weiler had not been injured by the gunshot, but had been cut when the kickback from the gun firing knocked him backward.
Family said dementia to blame for accident
The court order said that when police called the Weiler family, they were told Weiler was in the early stages of dementia. So police took Weiler to a hospital to be evaluated by Doctor.
Court documents show that it wasn’t the first time police have been called to the Weiler’s house.
On Jan. 10, Weiler called police and said that someone was turning the lights on and off in his house. Police went to the house and found nothing, the lawsuit said.
On Feb. 17, Weiler call to say that he had been hearing suspicious noises outside his house for an hour, but police “determine the incident was unfounded”.
So May 5, police confiscated Weiler’s gun. They needed the court’s permission to destroy the firearm, because Weiler wouldn’t give concent.
On Aug. 21, a judge ruled that police could destroy the gun, because “the return of the subject weapon confiscated from (Weiler) on or about May 5, 2013 by the Los Altos Police Department would pose a danger to (Weiler) or another person.”
Los Altos police Chief Tuck Younis said his department supported the court’s decision. Weiler could not be reached for comment.