Posted on 12/29/2001 12:16:06 AM PST by real saxophonist
Friend charged in fatal gun 'duel'
Recklessness cited in manslaughter case
By Coleman Cornelius
Denver Post Northern Colorado Bureau
Thursday, December 27, 2001 - Authorities in Morgan County on Wednesday formally charged a young Louisville man with manslaughter in the accidental shooting death of his close friend during a mock gun duel.
The teenage victim's father has said the emotional trauma of the event was punishment enough. But the district attorney who presides in Morgan County decided criminal charges were warranted in the case of fatal gunplay.
"We need to make it clear to the community that behaving that way is going to have consequences," said Marley McClintock, chief deputy district attorney in the 13th Judicial District, which encompasses northeastern Colorado.
McClintock filed a charge of felony manslaughter against Joshua Blackmon, 19, of Louisville in the death of Byron Sharpnack, 17, of Elbert County.
Charged with accessory to manslaughter are Michael Morgan, 20, of Aurora, and a 17-year-old boy whose name has not been released because he is a juvenile.
The four young men were bird hunting at Jackson Lake State Park northwest of Fort Morgan last week. Investigators have said Sharpnack and Blackmon decided to have a mock duel with their loaded shotguns.
Blackmon told investigators with the Morgan County Sheriff's Office that he thought his safety was on to prevent his gun from firing. But the shotgun discharged, hitting Sharpnack in the chest, according to arrest affidavits.
Morgan County Sheriff Jim Crone has said the surviving young men initially misled investigators about how the shooting occurred.
McClintock said that in an interview with her, Blackmon "was distraught. He was ripped apart" over the death of his good friend.
Yet authorities could not ignore the recklessness Blackmon and his friends displayed with loaded firearms, she said.
"It's our position that given the facts, the behavior they were engaged in was reckless, or at least negligent enough to warrant some kind of consequence," McClintock said Wednesday.
Ron Sharpnack, the victim's father, said last week he did not think his son's three friends should be criminally charged because the shooting was "a horrible accident."
However, the victim's mother, with whom Sharpnack lived, told prosecutors she thought a criminal case was warranted, McClintock said.
The three young men have been released from jail on bond. They are scheduled to reappear in Morgan County District Court on Jan. 4.
Life NRA member.
Legislation to prevent stupid people from hurting themselves is a waste of time and energy...stupidity will always find a way to prevail.
That's the problem. He didn't THINK!
Never assume that a gun is "safe", and never NEVER NEVER point a gun at anyone unless you intend to USE the gun!
Even my 13 y.o. knows that it's ok to chastise ANYONE, even adults, for mishandling a weapon, and we will back her up. And she's more observant than I am. Don't put your finger in the trigger guard without being ready to shoot, because she will loudly let you know about it.
/john
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