By Sharyn L. Decker
Lewis County Sirens news reporter
CHEHALIS – A 20-year-old man has been charged with second-degree manslaughter for an incident in which his brother was fatally shot this past spring in the Pe Ell home they shared, which a witness described as unintentional.
But Cody A. Smith, 20, was “messing with the gun stupidly,” a female witness told authorities.
Austin Smith, 21, died of a gunshot wound to the chest, Lewis County Coroner Warren McLeod said at the time.
It happened the morning of April 28 at their residence on the 500 block of Third Street in Pe Ell, according to the Lewis County Sheriff’s Office.
Cody Smith was summonsed to appear in Lewis County Superior Court on Tuesday and was released on his own personal recognizance. Charges were filed Aug. 1. His arraignment was scheduled for this morning. He is represented by Centralia defense attorney Don Blair.
Charging documents allege Cody removed his brother’s gun from his brother’s dresser and went into the living room, having clipped the holster to his shorts.
Lewis County Prosecutor Jonathan Meyer writes that the defendant described what happened in a couple of different ways. He said he tried to pull the firearm and turn it and it went off, according to Meyer. In another conversation he indicated he was trying to put the gun away when it discharged, Meyer wrote.
Cody denied ever removing it from the holster, but the female witness recalled the gun was out of the holster, according to Meyer.
Sheriff’s deputies and aid were called to the home at 8:55 a.m. that day. Austin Smith died in the ambulance on the way to the hospital.
The allegation is Cody Smith caused the death with criminal negligence. The offense has a maximum penalty of 10 years in prison and/or a $20,000 fine.
An additional allegation that the defendant was armed with a firearm at the time would mean an additional five years would be tacked on to his sentence, if convicted.
A trial was scheduled for the week of June 24 in Lewis County Superior Court.
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For background, read “Fatal shooting of man by brother in Pe Ell under investigation” from Monday April 30, 2018, here
Tags: By Sharyn L. Decker, news reporter