Court sets plea hearing in hunting death case
By Jessica Musicar, Staff Writer
Saturday, November 08, 2008 |
A man accused in the accidental death of a hunter is scheduled to appear in court later this month for a plea change hearing on a charge of second-degree manslaughter.
Police arrested Powers resident Kelly E. Johnson, 41, following the death of 20-year-old Cody T. Armstrong, also of Powers. He was arraigned on Oct. 28. Armstrong was shot in the head on Oct. 26 in the Siskiyou National Forest, about 16 miles from the men’s hometown.
According to an investigation by the Coos County Major Incident Team, Johnson and another person went deer hunting with Armstrong that day. Johnson apparently shot at a sound he thought was a deer. The bullet struck Armstrong in the head.
Johnson’s court date is set for 8:30 a.m. on Nov. 26 likely in Judge Martin Stone’s courtroom. The suspect has remained at the Coos County jail on $250,000 bail.
Coos County District Attorney R. Paul Frasier said the charge is a Class B Felony, punishable by an up to 10-year maximum sentence in prison. It also is a measure 11 offense, so if convicted, Johnson would have to serve a mandatory minimum of six years and three months. He could also face a fine up to $250,000.
Frasier said the charge indicates that police believe Johnson recklessly caused the death of Cody Armstrong.
“We took it to the grand jury and that’s what the grand jury returned,” he said.
The hearing was held on Halloween day.
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