An attorney for a 19-year-old Bricelyn man wants the charges his client faces in the accidental shooting of a teen-age boy dismissed.

“Count one and possibly count two are legal impossibilities … the charges don’t legally exist,” Troy Timmerman told Judge Douglas Richards at his client’s hearing Monday in Faribault County District Court.

Daniel Craig Stallkamp has been charged with one felony count of possessing a pistol/assault weapon-ineligible person and contributing to the delinquency of a child.

Stallkamp and 15-year-old Collin Jacobson were at his grandparents’ house on July 22, 2008, when a loaded pistol discharged and struck Jacobson in the face.

Under the felony charge, Stallkamp is accused of aiding and abetting a person under 18 to commit a crime.

“It’s a technicality. Because Collin Jacobson is a juvenile, he cannot commit a crime,” says Timmerman. “He (Stallkamp) can’t be charged for something that is not a crime.”

The defense attorney cited two statutes when making his case and says County Attorney Brian Roverud combined the statutes to come up with a charge.

Timmerman says the possession charge is a status offense based on age.

“It’s like smoking, only more serious. An adult can smoke and it’s not a crime, but if a juvenile does, it is,” he adds.

Timmerman says his client could be charged if he actually aided a person in a delinquent act.

“But, what is the delinquent act that was committed?” questions Timmerman.

Roverud was given until Nov. 13 to file a written response to Timmerman’s oral argument.

The possession of a pistol charge carries a maximum penalty of five years and a $10,000 fine, while contributing to a delinquency of a child is one year and a $3,000 fine.