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Man pleads guilty to involuntary manslaughter

A North Warren man has pleaded guilty to an involuntary manslaughter filed after a shooting death on New Year’s Day.

Zachary Wells, 21, of 11 Vine St., North Warren, pleaded guilty in front of Judge Gregory Hammond on Friday. Cody Brown, assistant county district attorney, prosecuted the case. Douglas H. Sullivan served as defense attorney. Two counts of receiving stolen property and a charge of tampering with/fabricating physical evidence were not prosecuted.

According to the affidavit of probable cause, Wells said during a July 26 interview with police that he squeezed the trigger without pointing the gun in a safe direction because he thought there wasn’t a bullet in the chamber.

Conewango Township police were dispatched shortly after midnight on Jan. 1 to 11 Vine St. for a report of a shooting at that address. A woman answered the door and allegedly told police that a 17-year-old male “had shot himself in an upstair(s) bedroom,” per the affidavit of probable cause. Police detail that they went upstairs and observed Wells “exiting his bedroom, yelling repeatedly ‘No, don’t come up.'”

The affidavit states that Wells was detained before police saw the juvenile “laying on (Wells) bed covered in blood.” Officers observed blood on the bed and a handgun under the juvenile’s right arm.

“It was later learned,” the affidavit states, “that (the juvenile) died from a single gunshot wound to the head.”

Wells told police that he, the juvenile and a third individual were in the bedroom and were “(expletive) around” with the handguns that the juvenile allegedly brought to the residence on numerous occasions.

“These handguns,” police allege, “were known by (the juvenile and Wells) to be stolen.”

Two 9 mm handguns and what police call an “AR-15 style rifle” were found at the residence. Three cell phones were seized which revealed “multiple videos and pictures showing the handguns in the possession of (Wells) while in his own bedroom on Vine St.”

Police say that further investigation determined that the handguns were both stolen – one from a camp in Marienville and the other from a vehicle parked in North Warren last October.

In the affidavit filed Tuesday, Wells allegedly acknowledged during that July interview that he had been drinking when the incident occurred and told law enforcement that the situation was a “terrible accident.” Wells reportedly told investigators that he had the handgun in his possession “and was sitting in the corner of the bedroom when the gun discharged.”

Officers allege that Wells demonstrated how to operate a handgun but “stated he was confused on how the firearm discharged because he had ‘checked’ and made sure the gun was empty.”

Wells allegedly told police that he “placed (the) empty magazine into the pistol and physically squeezed the trigger without pointing it in a safe direction.

“The defendant did not properly check and see if a chambered bullet was inside the handgun,” the affidavit states. “This resulted in the defendant pressing the trigger and discharging the firearm into (the juvenile) resulting in his death.”

Police state in the affidavit of probable cause that the information provided by Wells is consistent with all other evidence and “would only be known by law enforcement or a person located at the scene at the time of the incident.”

Other pleas in county court on Thursday include:

– Faith C. Cruz, who pleaded guilty to DUI: highest rate of alcohol (BAC .16 or higher) – second offense; driving on right side of roadway and restraint systems. Charges of DUI: general impairment incapable of safe driving with accident – second offense; driving on roadways laned for traffic, careless driving and reckless driving were not prosecuted.

– Gerald Ihrig, who pleaded guilty to DUI: general impairment incapable of safe driving – first offense. A charge of careless driving was not prosecuted.

– Joseph Krall, who pleaded guilty to former convict not to own a firearm. A felony charge of persons not to possess, use firearms was not prosecuted.

– Timothy McMillen pleaded guilty to one felony count of endangering the welfare of a child and one count of simple assault. Felony charges of strangulation and two counts of endangering the welfare of a child were not prosecuted, while one count of simple assault and two counts of recklessly endangering another person were also not prosecuted.

– Daniel E. Ristau pleaded guilty to one count of DUI: combined alcohol and drug or combination of drugs, possession of drug paraphernalia and operating a vehicle without a valid inspection. Charges of DUI: controlled substance schedule 1 – first offense; DUI: high rate of alcohol (BAC .10% to .16%) – first offense; possession – small amount of marijuana, two counts of possession of drug paraphernalia, one-way roadways and rotary traffic islands, careless driving and restriction on alcoholic beverages were not prosecuted.

– Justin D. Wilcox pleaded guilty to one count of possession with intent to deliver and one count of criminal use of a communication facility. Charges of possession with intent to deliver, dealing in proceeds of unlawful activities, criminal use of a communication facility and two counts of possession of a controlled substance were not prosecuted.

– Ronald Wombacher pleaded guilty to one count of ethnic intimidation, resisting arrest or other law enforcement, disorderly conduct and two counts of harassment. Charges of terroristic threats and two counts of aggravated assault were not prosecuted.

– Edgar Z. Wotorson pleaded guilty to DUI: general impairment incapable of safe driving – refusal – second offense, driving on roadways laned for traffic and driving on the right side of the roadway. Charges of driving a vehicle at safe speed and careless driving were not prosecuted.

– Prior reporting by Josh Cotton contributed to this report.

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