A 20-year-old Wyoming hunter is facing a manslaughter charge after a shooting incident in January that killed his best friend during a duck hunting trip, Cowboy State Daily reports.
While the hunter, Gaige Zook, claims the shooting was an accident, the prosecutor argues that his actions were reckless and supports moving the case forward.
On January 20, Zook, a University of Wyoming student, was hunting with his friend, 19-year-old Maurizio Justiniano, along the Platte River. Zook’s shotgun reportedly misfired during the hunt, and as he attempted to address the malfunction, the gun discharged, fatally injuring Justiniano.
Zook has pleaded that the event was a tragic accident, pointing out that the shotgun was faulty, and he was attempting to make it safe when the firearm went off. His attorney, Jason Tangeman, has argued that the evidence against Zook is speculative and does not meet the legal definition of recklessness under Wyoming law.
However, Goshen County Attorney Eric Boyer disagrees, stating that there is sufficient evidence to proceed with the manslaughter charge. Boyer claims that Zook acted recklessly by handling a weapon he knew had misfired in the past, and that the evidence—including statements from Zook, eyewitness accounts, and a full law enforcement investigation—supports this allegation.
Under Wyoming law, “recklessly” refers to disregarding a substantial risk of harm, and Boyer argues that Zook’s conduct met this standard. He further contends that the evidence, including the investigation and autopsy report, clearly points to reckless behavior.
Zook’s family maintains that the shooting was an unavoidable accident, with Zook’s father, Andrew Zook, stating that his son was attempting to make the shotgun safe when it discharged. He also expressed concerns that the investigation into the firearm was insufficient, pointing out that there may have been an ice build-up in the gun’s chamber.
As the case continues, the judge is set to hear both sides on November 12, 2024, and will determine whether the case should proceed to trial or be dismissed. If convicted, Zook faces up to 20 years in prison, and the charge could lead to the loss of his hunting and voting rights, among other penalties.
Both families are deeply affected by the tragedy, and Zook’s family has expressed their distress over what they perceive as an unjust prosecution.
