Buckaroo
03-20-09, 21:21
http://reporter-times.com/stories/2009/03/18/news.nw-410986.sto
MONROVIA (IN)
Charges of reckless homicide and criminal recklessness resulting in serious bodily injury have been filed against the man who fired the shot that killed Jason Breisch while Breisch was asleep in his home.
Morgan County Superior Court I Judge G. Thomas Gray signed a warrant late Wednesday afternoon for the arrest of John Graf. The judge also signed a “special condition” request from Morgan County Prosecutor Steve Sonnega that “Graf refrain from firing firearms in Morgan County.”
The reckless homicide charge is a class C felony, which, if convicted, could bring a jail sentence of 2 to 8 years in prison.
Graf, 24, lives at 6364 North Kivett Road, which is within 1,000 feet of the victim’s home at 6598 Whispering Court.
According to the probable cause affidavit filed by Morgan County Sheriff’s Department Detective Sergeant Dan Downing, during the late morning of March 9, Breisch was asleep in the bedroom of his home when he was struck by a .45 caliber bullet, allegedly fired by Graf.
According to Breisch’s wife, she and her husband thought he was having a heart attack and called for an ambulance. After medical crews arrived, they discovered that Breisch had have what appeared to be a gunshot wound. Authorities were called to the home. Breisch was transported to the Gregg Township Fire Station to meet a medical helicopter, but he died of his wound. Breisch was struck in the upper left chest area directly under his armpit Downing said. He said the wound was “approximately the size of a nickel” and there was not much bleeding.
Downing said investigators found a dime size hole in exterior of Breisch’s home.
He said investigators were told that an active shooting range was at a house off of Kivett Road. That house was identified as Graf’s home.
Investigators went to the home and found a white male, identified as John Graf there. Graf admitted to investigators he had been test shooting a .45 caliber weapon. He said that weapon belonged to a Plainfield police officer who said it had been malfunctioning. Graf, who is a licensed gun smith, said he was trying to repair the weapon. Graf said he had replaced some parts on the weapon and was “test firing” it by shooting into the ground behind his residence.
Graf said he was not shooting at anything like a target or tree, but was just firing the weapon into the ground.
Graf said he had numerous weapons in his home, which was confirmed by investigators.
Graf went to the sheriff’s department where he gave Downing a statement. Downing said Graf described the actions he took while test firing the weapon. He said at one point, the weapon “double fired” but at all times, the weapon was pointed in the ground. Graf said he fires 14 rounds at a time during his test of weapons.
Graf stated several times that he felt it was not his weapon that killed Breisch.
Downing said the weapon Graf was shooting was taken into evidence.
During an autopsy completed at the Marion County Coroner’s Office, a .45 caliber bullet was recovered from Breisch’s body. The forensic pathologist said the bullet passed thought Breisch’s spleen, pancreas, and diaphragm before lodging in the spinal cord. Downing said the Indiana State Police Laboratory was able to determine the bullet that killed Breisch came from the weapon fire by Graf.
Downing said surveying was done to determine the distance from Breisch’s bed to where Graf was shooting. That distance was recorded at 311 yards. Breisch’s home is about two feet above the area from which Graf was shooting .
Downing said he was told by family members that Graf has retained an attorney.
When Graf is booked into jail, he will have to post a $5,000 property or surety bond and $600 cash for his release.
Very sad for all involved....
Buckaroo
MONROVIA (IN)
Charges of reckless homicide and criminal recklessness resulting in serious bodily injury have been filed against the man who fired the shot that killed Jason Breisch while Breisch was asleep in his home.
Morgan County Superior Court I Judge G. Thomas Gray signed a warrant late Wednesday afternoon for the arrest of John Graf. The judge also signed a “special condition” request from Morgan County Prosecutor Steve Sonnega that “Graf refrain from firing firearms in Morgan County.”
The reckless homicide charge is a class C felony, which, if convicted, could bring a jail sentence of 2 to 8 years in prison.
Graf, 24, lives at 6364 North Kivett Road, which is within 1,000 feet of the victim’s home at 6598 Whispering Court.
According to the probable cause affidavit filed by Morgan County Sheriff’s Department Detective Sergeant Dan Downing, during the late morning of March 9, Breisch was asleep in the bedroom of his home when he was struck by a .45 caliber bullet, allegedly fired by Graf.
According to Breisch’s wife, she and her husband thought he was having a heart attack and called for an ambulance. After medical crews arrived, they discovered that Breisch had have what appeared to be a gunshot wound. Authorities were called to the home. Breisch was transported to the Gregg Township Fire Station to meet a medical helicopter, but he died of his wound. Breisch was struck in the upper left chest area directly under his armpit Downing said. He said the wound was “approximately the size of a nickel” and there was not much bleeding.
Downing said investigators found a dime size hole in exterior of Breisch’s home.
He said investigators were told that an active shooting range was at a house off of Kivett Road. That house was identified as Graf’s home.
Investigators went to the home and found a white male, identified as John Graf there. Graf admitted to investigators he had been test shooting a .45 caliber weapon. He said that weapon belonged to a Plainfield police officer who said it had been malfunctioning. Graf, who is a licensed gun smith, said he was trying to repair the weapon. Graf said he had replaced some parts on the weapon and was “test firing” it by shooting into the ground behind his residence.
Graf said he was not shooting at anything like a target or tree, but was just firing the weapon into the ground.
Graf said he had numerous weapons in his home, which was confirmed by investigators.
Graf went to the sheriff’s department where he gave Downing a statement. Downing said Graf described the actions he took while test firing the weapon. He said at one point, the weapon “double fired” but at all times, the weapon was pointed in the ground. Graf said he fires 14 rounds at a time during his test of weapons.
Graf stated several times that he felt it was not his weapon that killed Breisch.
Downing said the weapon Graf was shooting was taken into evidence.
During an autopsy completed at the Marion County Coroner’s Office, a .45 caliber bullet was recovered from Breisch’s body. The forensic pathologist said the bullet passed thought Breisch’s spleen, pancreas, and diaphragm before lodging in the spinal cord. Downing said the Indiana State Police Laboratory was able to determine the bullet that killed Breisch came from the weapon fire by Graf.
Downing said surveying was done to determine the distance from Breisch’s bed to where Graf was shooting. That distance was recorded at 311 yards. Breisch’s home is about two feet above the area from which Graf was shooting .
Downing said he was told by family members that Graf has retained an attorney.
When Graf is booked into jail, he will have to post a $5,000 property or surety bond and $600 cash for his release.
Very sad for all involved....
Buckaroo