N. Warren resident given 2-5 years in prison
A little more than a year after an accidental shooting in Warren, a North Warren man has been sentenced to two to five years in state prison.
Zachery Wells, 21, of 11 Vine St., North Warren, pleaded guilty in front of Judge Gregory Hammond in November. Cody Brown, assistant county district attorney, prosecuted the case. Douglas H. Sullivan served as defense attorney.
Wells was sentenced Friday by Judge Gregory Hammond to 30 to 60 months in state prison with no eligibility for recidivism risk incentives, ordered to pay $9,346.97 in restitution, ordered to undergo mental health, drug and alcohol evaluations and ordered to have no contact with the victim’s family.
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 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 in October 2023.
In affidavits filed with the court, 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.”
Two felony counts of receiving stolen property and a misdemeanor charge of tampering with/fabricating physical evidence were not prosecuted.