Court sets plea hearing in hunting death case

By Jessica Musicar, Staff Writer
Saturday, November 08, 2008 | 9 comment(s)

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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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Marge wrote on Jan 16, 2009 7:15 AM:

I don't understand this at all.. Really makes you wonder.. I remember the first time I went hunting a couple years ago.. I shot my first buck and no way would I ever shoot unless I seen four legs and a fury brown animal looking like a deer.. so I am sorry I don't buy it.. I call BS on the excuse I thought it was a deer.. Unless he came from outer space and didn't know better... Some people say only if you knew him well I knew my best friends husband over 16 yrs and didn't think he would have killed her..

Know Kelly wrote on Nov 24, 2008 2:40 AM:

I would just like to say that you people need to shut your mouths because you know nothing. I have known Kelly for 23 years and he would have never done this on purpose. I have also known Cody for years and Putting Kelly away is not going to bring him back. And I'm sure that's not what Cody would want!

No One wrote on Nov 13, 2008 12:52 PM:

How many of you people actually know Kelly? And how many of you have ever been in a situation similar to his? I'm going to assume very few. Apparently, contrary to popular belief, not ALL ignorant Oregonians live in Powers.
And in response to Longtime Powers Community Member, If it "was no accident", why call 911?

Wes wrote on Nov 9, 2008 10:50 PM:

To Gloria D. This may have been an accident, but when you have a fire arm you have a resposibility to point that weapon in a safe direction. He is suppose to be an experienced hunter. Now he has to suffer the consenquences for his terrible actions. I do not feel one bit sorry for this man and I dont care about what happens to him.

Mr E wrote on Nov 9, 2008 2:12 PM:

I'm sorry, but anyone who knows a thing about how to operate a weapon would spit on this man for his recklessness. And he DESERVES to go to prison for this... though we go too far in the enforcement of some laws in this nation, we should never consider a PREVENTABLE death (and in the eyes of some hunters, this is essentially an "accidental" murder) as something that should not merit punishment.

And though I'm no NRA member, and I think they go too far sometimes with their gun-loving (and "they're going to take our guns" fearmongering), the vast majority of members in the organization are trained, and use their guns safely.

If you think the NRA supports idiots like this man, well then, you're probably about as intelligent as Mr Johnson. Please don't come near me with a weapon or utensil of any kind.

to longtime powers community member wrote on Nov 9, 2008 7:33 AM:

How do you know this was no accident,rumors ect? Why? You seem to know it all.

Why wrote on Nov 8, 2008 1:09 PM:

Why would anyone shoot at anything unless they could see most of the animal? And the gun toting NRA members wonder how they get a bad reputation, this would be one way. Reckless shooters.

longtime powers community member wrote on Nov 8, 2008 9:22 AM:

This was no accident. I hope justice prevails.

Gloria D wrote on Nov 8, 2008 7:23 AM:

This was a stupid accident that should not have happened but to put this man away in prison will not bring the young man back. I don't think that the jury will go for manslaughter 2. If there was no intent to harm him.


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