WHITE SULPHUR SPRINGS — Meagher County Attorney Burt Hurwitz will not file criminal charges in the shooting death of a 16-year-old boy on Wednesday, October 29th.
Related: Law enforcement investigates shooting death in Meagher County
According to Meagher County Sheriff Jon Lopp, the investigation revealed that three teenage boys were staying in a bunkhouse in a rural area north of White Sulphur Springs.
Sometime after 8:00 p.m. on Wednesday one of the boys picked up a .22 single-action revolver, saying he intended to clean it.
The boy told investigators he believed the weapon was unloaded, however, one chamber contained a live round.
When the 15-year-old picked up the gun, it discharged, shooting and killing the 16-year-old.
Sheriff Lopp said the suspect's family has been fully cooperative, and the victim's family spoke with the County Attorney and requested no criminal charges be filed.
The two teens were said to be close friends, as are the families.
Sheriff Lopp said many factors were considered in the decision not to file charges, including the difficulty of proving negligent or criminal intent beyond a reasonable doubt, the age of the juvenile, and the wishes of the victim's family.
"This is a heartbreaking situation for everyone involved, especially for the two families and our entire community," said County Attorney Hurwitz in a press release. “I have conducted a comprehensive review, and I believe the evidence does not support criminal prosecution. I have also given significant weight to the expressed wishes of the victim’s family, who have requested compassion and closure rather than criminal action.”
