IRS Agent Charged with Manslaughter Blames Victim’s Death on Emergency Planning Failures

A federal jury is currently deliberating the case of Larry Brown, an Internal Revenue Service (IRS) agent facing involuntary manslaughter charges for accidentally shooting a colleague, Special Agent Patrick Bauer, during a training session at a federal prison in Phoenix in August 2023. The courtroom proceedings highlighted contrasting perspectives on responsibility for Bauer’s death.

Defense attorney Jeffrey Jacobson argued that the tragic incident stemmed not only from the gunshot but also from systemic failures in emergency response protocols. “What happened on August 17 was a terrible accident that could have happened to anyone in law enforcement,” Jacobson stated. He emphasized that the IRS lacked any emergency plan whatsoever, exacerbating the situation after the shooting.

Jacobson contended that the 59 minutes it took for Bauer to reach a hospital following the injury was critical. “The IRS had no emergency response plan in place,” he reiterated, underscoring the organizational lapses prior to the accident.

In contrast, federal prosecutor Nathaniel Walters focused on the actions leading directly to the shooting. He reminded jurors of the fundamental rules of firearm safety that Brown allegedly violated. “When he pulled that trigger, the gun did exactly what it was supposed to do,” Walters declared, directly attributing responsibility to Brown.

Walters pointed out that the breaking of these four cardinal safety rules significantly increased the risk of a deadly incident. He recounted an overheard remark from Brown during treatment for shock, indicating self-awareness of his behavior. “I’m a use of force instructor. I should know better. I teach this,” Brown allegedly said, though Jacobson contested that his client never uttered those words.

On the day of the incident, Brown and Bauer had just concluded a firearms training session. Witness Special Agent Justin Owens was present in an observation tower when chaos erupted moments later. He recounted Brown’s panicked exclamations, “I fucked up. I shot Pat,” as Bauer lay injured on the floor, later expressing frustration at Brown’s actions.

Owens also detailed the confusion that hampered emergency responders. The absence of clear address communication delayed paramedics from arriving promptly on the scene. The trial heard a recording of frantic communications among agents wherein no one could provide dispatch with the precise location of the shooting range. This confusion led to a 14-minute delay in ambulance arrival and almost an hour before Bauer was in surgery.

In mitigation, the defense argued that if agents had been able to communicate quickly with emergency services or allowed other agents to drive Bauer directly to the hospital, in all likelihood, Bauer would have survived. Prosecutor Monica Ryan challenged the defense, noting that the chaos would not have ensued without Brown’s actions, further weighing heavily on the trial’s proceedings.

As the trial continues under U.S. District Judge Steven Logan, it is anticipated to last approximately two and a half weeks, with the jury tasked with determining the extent of responsibility in this tragic case.