Questions remain after FBI agent’s gun goes off in Denver nightclub

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DENVER -- The Denver District Attorney's Office is expected to decide as early as Monday if charges will be filed after an off-duty FBI agent's gun was dropped and was fired at a downtown nightclub.

The Denver Police Department called it an accident and the unidentified agent has not been arrested, though many people are wondering why.

The shooting happened about 12:45 a.m. Saturday at Mile High Spirits Distillery at 2201 Lawrence St. near downtown Denver.

A woman recorded the shooting with her cellphone. It shows the agent dancing for the crowd and after he does a backflip, the weapon falls out of the back of his waistband.

The gun fired as he went to pick it up, hitting a man in the crowd.

Instead of being arrested, he was turned over to his FBI supervisor, a move some experts believe is a clear case of special treatment.

"There is no question in my mind if anyone else other than law enforcement engaged in that behavior with this result, they would be charged with prohibitive use of weapons, illegal discharge of weapon," attorney Christopher Decker said.

“A law enforcement officer should not be able to commit crimes simply because they are law enforcement. It will be interesting in the end to see if the district attorney can wrap their mind  around anything, but reckless conduct occurred in that situation."

The victim was shot in the leg and is going to be OK. The Denver homicide unit is investigating and the district attorney's office will decide on charges.

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