A 21-year-old Pinedale man who shot and killed his friend unintentionally during a duck hunt last year was sentenced Wednesday to three years’ supervised probation in Goshen County District Court.
Gaige Zook was also ordered to pay court costs and fines, and $3,420 in restitution to reimburse the state of Wyoming for money it doled out to the family of Maurizio Dadin for his cremation.
Zook unintentionally shot Dadin, 1,9 in January 2024 while the pair were hunting ducks with a third friend on the North Platte River.
Zook’s shotgun had misfired earlier that day. He reached for it to scrutinize it and when he did, it fired, killing Dadin, who was next to Zook in the duck blind.
No alcohol, drugs or horseplay were involved in the incident, Zook’s attorney Kenna Blaney told Goshen County District Court Judge Edward Buchanan during Wednesday’s hearing.
Dadin endured a gut wound and survived about 20 minutes after being shot, while Zook and the other friend worked to get emergency responders to the low-cellphone-service, remote area. Zook helped with first aid efforts, but Dadin died.
Charged with involuntary manslaughter last April, Zook pleaded guilty Jan. 9, after establishing a plea agreement for probation with the Goshen County Attorney’s Office.
He received what Wyoming justice figures call a “301,” or a deferral by which his charge will fall away without resulting in a conviction if he completes his term of probation successfully.
If he completes his probation, he won’t be a convicted felon and he won’t go to prison. Should he fail probation, the court can reconsider both of those punishments.
As part of the agreement, Zook retains the right to appeal an earlier order by Buchanan, in which the judge denied his request to dismiss the manslaughter charge.
Zook had claimed that Goshen County Attorney Eric Boyer didn’t have enough proof that the youth had behaved “recklessly” to uphold the charge of involuntary manslaughter.
Buchanan concluded that that was a question for a trial jury, not for a judge to answer.
Zook now may challenge Buchanan’s decision in a Wyoming Supreme Court appeal.
The Torn Prosecutor
On Wednesday, Boyer was torn.
Cases like these are the reason for open, public criminal proceedings and prosecutor elections — so that if the public disagrees with him here, it can hold Boyer to account, said the prosecutor.
Boyer pointed to the immense, permanent loss of Dadin’s life in contrast with the momentary, seemingly small gesture that caused it.
Boyer’s office has tried without success to involve Dadin’s family in the case, but they’ve ignored those efforts, he said. The prosecutor speculated that it could be from “disdain” for the way this case has ended and his decision to grant Zook the deferral.
Blaney cautioned against such speculation, since the family was not in the courtroom.
Dadin’s brother Nahuel Dadin did not respond Wednesday to an email sent via his GoFundMe page.
“(It) is literally the bitter truth,” said Boyer, “that they have a child that they can never get back.”
He continued: “I want it to be crystal clear that I’ve taken a long, hard look at this.”
And the flip side is that Zook has shown remorse for his friend, has taken responsibility for his actions and looks poised to lead a long, productive life.
“And that’s why I engaged in this binding plea agreement,” said Boyer.
Though the circumstances before the shooting were perfectly innocent and everything went awry when Zook went to grab the shotgun, Boyer throughout the case has circled back repeatedly to a simple fact of gun safety — one must never point a gun at another.
There has been dispute throughout the case about Dadin’s exact position during the shooting, but at some point the gun came to be pointed at him.
The prosecutor said he hopes Zook accepts and internalizes how indefensible his actions were.
“That’s a politer way of saying that his actions were utterly stupid, honestly, and resulted in a horrific outcome that can’t be unwound — and that’s how life works, unfortunately,” said Boyer.
One Year Request
Boyer asked Buchanan to impose the three years’ supervised probation, while Blaney asked for one year unsupervised.
“Mr. Zook will have to live with this for the rest of his life, and he never intended anyone, of course, to be hurt,” said Blaney.
Zook has been seeking counseling. He doesn’t use drugs or alcohol. He intends to re-enroll at the University of Wyoming, though currently he’s living in Pinedale and working, according to court statements.
Zook also spoke to the court.
He thanked his parents and family for supporting him, saying he’s “truly blessed to have their support and love,” and others aren’t so fortunate.
He mourns the loss of Dadin, whom he called his best friend. Dadin supported him through a difficult time in college, and the loss of him still feels fresh, said Zook.
He’s carrying “incredible sadness,” said Zook.
This Is A Privilege
Buchanan emphasized when he addressed Zook that the deferral is a privilege. The three years’ probation are a chance for Zook to prove to the court that he’s worthy of that privilege, the judge added.
Boyer and Zook weren’t the only people who appeared tormented by this case.
“The court thinks about these things at night and in the morning — all of the things,” said Buchanan, referencing himself.
He said the current culture is so accustomed to tragedy, but people should pause and reflect carefully on such losses as Dadin’s anyway.
“I know you’ll think about this for the rest of your life,” added Buchanan.
Clair McFarland can be reached at clair@cowboystatedaily.com.
