Accused of pointing his gun in an unsafe direction while inspecting it, accidentally firing and killing his hunting partner, a 20-year-old Laramie man is now facing a manslaughter charge in a felony-level court in Torrington, Wyoming.
Gaige Zook’s case rose to the felony-level Goshen County District Court on Monday. He’s charged with one count of involuntary manslaughter, which alleges he “involuntarily but recklessly” killed Maurizio Justiniano during a three-man duck hunt on the Platte River.
If convicted, he could face a maximum penalty of 20 years in prison.
Zook, who is out on bond, declined Thursday to comment to Cowboy State Daily.
The Shot
The shooting happened Jan. 20.
Goshen County Sheriff’s Deputy Jason Lamb arrived at the junction of Wyoming Highway 156 and Road 37 outside Torrington, and crossed a large field to reach the Platte River that day in response to a call about a gunshot wound to a 19-year-old male hunter.
Emergency medical personnel also responded and were already with the victim, employing life-saving measures by the river, Lamb wrote in an evidentiary affidavit filed in the case.
Zook cooperated with Lamb and walked him through the incident, the affidavit says.
He said that he, Justiniano and a third hunter were sitting on a manmade driftwood blind on the river’s south shore, and had placed decoys out in the water.
Zook sat between the other two men. He saw a duck and tried to shoot it, but his gun misfired, the affidavit relates. So, he leaned his gun against the fallen tree on which they were perched and asked their third companion if he could use his 20-gauge shotgun instead.
The hunter handed over his shotgun. Zook fired and missed, then gave the shotgun back to the hunting partner , the affidavit says.
Zook then went to his own gun and tried to see what was wrong with it, he reportedly told Lamb.
The gun unintentionally fired, striking Justiniano in the left side of his abdominal area, the affidavit says.
“You shot me,” Justiniano reportedly said.
Zook told their other hunting partner to call 911, the affidavit says.
The document says Justiniano asked Zook to hug him, and Zook did, putting pressure on the wounded area.
Justiniano kept saying he wasn’t going to make it, Zook told the investigator.
When EMS arrived, Zook helped EMS and helped hold Justiniano’s IV for them, the affidavit says.
Other Hunter’s Interview
Next, Lamb interviewed the third hunter in the party, who gave the same account of the incident.
The third hunter said Justiniano was not a licensed hunter but wanted to go with them that day to learn about duck hunting.
When Zook’s gun fired, the other hunter said he was turned around, but he heard the shot and heard Justiniano yell, the affidavit relates.
“Jackson told me that Gaige had been having trouble with his firearm and they believed the firing pin was freezing,” Lamb wrote in the affidavit.
The third hunter said they had problems describing their location to the 911 operator.
“A medic came to me while I was gathering statements and taking photographs and stated there was nothing more they could do to help Maurizio,” wrote Lamb, “and (they) stopped treatment.”
Lamb added: “I believe that Gaige Zook failed to properly and safely clear his weapon of malfunctions and by having it pointed in an unsafe direction when it discharged directly led to and caused the death of Maurizio Justiniano.”
Clair McFarland can be reached at clair@cowboystatedaily.com.
