Though a man has claimed that he inadvertently killed his best friend in an accidental shooting, a wrongful death lawsuit has been filed by the victim's family naming him as the defendant, as reported by M Live.
D.A. Jr., 33, has been charged with involuntary manslaughter in the December 14 death of J.W., 38, that occurred in D.A. Jr.'s home in Merrill.
According to county Assistant Prosecutor Jon Sahli "some investigation" needs to be completed before the preliminary hearing. Saginaw County District Judge A.T. Frank agreed to postpone the hearing.
If D.A. Jr. is found guilty of manslaughter, with an additional charge of possessing a firearm during the commission of a felony, he faces up to a 15-year prison sentence.
The wrongful death suit has been filed by J.W.'s mother E.W. on behalf of J.W.'s estate. Her attorney is William White and the suit, filed in Saginaw County Circuit Court, states that the estate "has suffered damages in excess of $1 million," which is an "amount sufficient to fully compensate his estate and his heirs for their loss."
On the night of the shooting officers were called to D.A. Jr.'s home at approximately 10 p.m. for a domestic incident involving two men and one woman. Officers observed that D.A. Jr. and J.W. had been shot. Both were taken to an area hospital. J.W. succumbed to his injuries and D.A. Jr. was moved to Ann Arbor for treatment.
The arrest warrant states that D.A. Jr. shot J.W. "during the commission of an unlawful act not naturally tending to cause death or great bodily harm." The incident was listed by police as a "careless discharge of a weapon and/or discharge of a weapon while intoxicated and/or as a result of the negligent omission by (D.A. Jr.) to perform a legal duty" and a "failure to carry a weapon in a safe manner."
The lawsuit's allegation are based upon both "information and belief" until the police reports are available. The suit states that on the night of his death D.A. Jr. had "smashed up his truck in an accident earlier that day" and called J.W. for a lift.
J.W. drove both D.A. Jr. and his wife S.A., to their home. D.A. Jr. and S.A. were "drinking and arguing" which escalated when D.A. Jr. picked up a rifle and "threatened to commit suicide." J.W. tried to intervene and D.A. Jr. inadvertently "fired the rifle" into J.W.'s right arm and abdomen.
White has filed a Freedom of Information Act request, however, the sheriff's officials have denied the request while the investigation is ongoing. White filed an appeal with the Saginaw County Board of Commissioners, which was also denied. White then filed a motion with county Circuit Judge Robert L. Kaczmarek, asking that the judge require the sheriffs to comply.
Kaczmarek has denied the motion until he hears from the county attorneys regarding the denial. The judge did rule on two other motions made by White: S.A. has been added as a defendant in the suit and a count of negligence has also been added.
Have you lost a loved one in a case of wrongful death? Contact a personal injury lawyer to file your lawsuit and sue for damages today!