Another kid killed in my area back home
No charges in fatal shooting; termed ‘horrible tragedy, accident'
By Jeff Murray • Staff Writer • November 19, 2008
There will be no criminal charges filed following a fatal shooting of a Steuben County boy Sunday.
Marvin J. Morseman, 12, was pronounced dead Sunday at Robert Packer Hospital in Sayre after suffering a single shotgun wound to the chest. The shooting appeared to be accidental, state police said.
Morseman and a 10-year-old boy who police did not identify were alone in their home on county Route 86 when the shooting took place around 11:30 a.m. Sunday, police said. Investigators did not disclose whether the other boy was involved in the shooting.
The gun was a double-barreled 12-gauge shotgun loaded with shot pellets, said lead investigator Mark Procopio of the state police Painted Post barracks.
The gun, which belongs to the victim's father, was not lying around, Procopio said.
“The gun was not left out. It was not secured, but it was in a storage area,” he said. “It was not locked and it was not loaded. Ammunition was available for it.”
Procopio said he discussed the investigation with Steuben County District Attorney John Tunney, and they concurred that there would be no charges filed.
“Frankly, there was not evidence of criminal conduct. It was a horrible tragedy and accident,” Tunney said. “The obvious question is, did someone leave a loaded gun around? Apparently no, that wasn't the case. We operate on the basis of evidence, is it there or not there? We measure against legal standards. When you do that in this case, it just comes out there's not evidence of criminal conduct.”
There will also be no autopsy. Morseman was pronounced dead in Bradford County, where the protocol is not to perform an autopsy if no criminal charges are pending, Procopio said.
http://www.theithacajournal.com/article/20081119/NEWS01/811190339/1002/NEWS01