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Jury convicts Durangoan of manslaughter
Man accidentally shot friend while playing cards, drinking
Herald Staff Writer
O’Karma
Shubert
Corey Shubert, 26, looked stoic - as he did for much of the three-day trial - when 6th Judicial District Judge David Dickinson read the guilty verdict.
He faces up to six years in prison for reckless manslaughter and up to one year in prison for prohibited use of a firearm.
Sentencing is set for 1:30 p.m. Dec. 17 in District Court in Durango.
This is the second time Shubert has gone through the criminal justice process for the shooting two years ago.
He pleaded guilty in April 2008 to reckless manslaughter in a plea agreement with the District Attorney's Office. Dickinson sentenced him to six years in prison - the maximum in accordance with the plea agreement.
But Shubert was allowed to withdraw his plea based on a legal technicality, which allowed him to start over and have a jury trial.
Shubert has already served more than one year in prison stemming from his guilty plea. But he has been free since June and will remain free until sentencing.
Shubert accidentally shot Brandon O'Karma, 20, once in the forehead with a 9 mm Armi Fratelli handgun from a distance of about 15 feet.
The shooting occurred late Aug. 10, 2007, at Shubert's home on County Road 232 in Grandview, where he lived with two roommates, Matthew Shawcroft and Christopher Balliger.
The four men were playing cards, drinking alcohol and handling Shubert's gun. While sitting in a chair watching a movie, Shubert pulled the trigger. The bullet entered the center of O'Karma's forehead, and he died the next day at St. Mary's Hospital in Grand Junction.
In court Tuesday, Shubert said he was 100 percent sure the gun was unloaded. But he couldn't remember the events leading up to the shooting, including how the gun became loaded, how it ended up in his hand and whether he took aim before pulling the trigger. He used his left hand to fire the gun, but he is right-handed.
"I was shocked. I was terrified," he testified. "I knew in my heart that it would not fire." Investigators said the shooting was accidental. When they arrived on scene, Shubert told them, "I'm (expletive) stupid, ignorant." He had a blood-alcohol level of 0.129, officials said.
Shubert was familiar with the gun and had hunter-safety training. He ignored all basic tenets of gun safety, including treat firearms as if they're loaded, don't point guns at anyone you don't intend to harm and don't handle firearms while intoxicated, said David Ottman, a deputy district attorney.
Reckless manslaughter occurs when someone consciously disregards a substantial and unjustifiable risk that death will occur.
"He consciously disregarded his own training, his own knowledge and didn't treat the gun as if it's always loaded," Ottman said. "He consciously disregarded that risk." But Denver defense lawyer Lee Harrell said Shubert was completely unaware the gun had a bullet in the chamber, so he didn't consciously disregard a risk. Rather, Shubert is guilty of negligent homicide, a lesser charge, because he exercised a gross deviation from the normal standard of care, Harrell said.
"The jury has spoken," he said after the verdict.
Amber O'Karma, the victim's sister, thanked the jury and said she'll ask for the maximum possible sentence for Shubert.
"I think he killed somebody," she said. "He should have life for that." Mathew Westlund, the victim's best friend, said Shubert should have "manned up and served his time" after pleading guilty last year instead of trying to fight the case.
Randy O'Karma, the victim's father, said Brandon O'Karma was a "typical teenager" who enjoyed the outdoors, rock crawling and dirt biking. He wanted to become a diesel mechanic.
"We're really happy with the verdict and how it turned out," he said. "It's an unfortunate thing that happened." shane@durangoherald.com
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Durango Herald Calendar of Events
Tuesday, November 17, 2009
at 7:14:27 AM
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C says...
It is a tragic incident that in effect took two young lives. The major difference is that one life can still be molded from the experience, The other ceased to be all together in that split second of sheer idiocy. Accident though it was, a firearm is a lethal weapon and should be considered such at all times. Never is there any reasoning to justify placing such a weapon in the hands of someone with impaired reasoning skills. It doesn't matter if it's a 2,000 pound bullet(automobile), or the size of a fingertip(ejected from a gun), the results are the same. I would love to be able to sympathize with Mr. Schubert for my own reasons, but I can't bring myself to. The entire incident amounts to a senseless waste of human life attributed directly to the irresponsible consumption of alcohol.
Tuesday, November 10, 2009
at 7:21:47 PM
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Janet Reynolds says...
After reading all of the comments on the Brandon O'Karma/ Corey Shubert case , I find it not only very sad for all families but at the same time disturbed by the venom and hatred that some of these possess.I would have to stand before you all and ask you to cast the first stone. Could you, would you? What would Brandon have to say to all of you and to his best childhood and adult friend Corey? Would he want 6 years or life for Corey or would he stand before all of you and hold his best friend in his arms with forgiveness? Brandon is gone and yes Corey took his life but will he not sentence himself to life, without the possibility of parole? Vengeance is never the answer to anything although we have all probably thought about it, forgiveness takes a lot more guts. The loss of one young man is enough. I agree Mr. Shubert could and would be more productive going to schools and telling his story in hopes of saving another persons life. I am not forgetting that a man lost his life but I am wondering what justice will be served by destroying other peoples life's, not just Mr. Shubert's but all of his loved one's, Nieces, Nephews, Sisters, Grandparents, Aunt's , Uncles and most of all his Mother and Father, what would Mr. O'Karma have wanted. Hatred or forgiveness?
Janet Reynolds
Friday, November 06, 2009
at 10:11:13 AM
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sgv says...
My heart truly goes out to the family of O'Karma. They will never have their son again for Thanksgiving, Christmas or his birthday. They will always wonder what kind of young man he would have grown into; now he'll never have that chance. Yes, they were all drinking, young and all being very stupid--but remember this family will never have their son again. There are NO words that any one can say that is going to alleviate their
lifelong pain. I know personally. 12 years ago a drunk driver took my son's life and three others. He is out of prison after 2 years and is not
remorseful , if anything he is an arrogant, ungrateful, pretentious person.
He never apologized to the families involved but is living his life freely
with regrets.
Thursday, November 05, 2009
at 10:18:46 PM
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In my Opinion as a mom says...
What some of you forget is that 6 years in prison means about 18 months. With time already served he will be out very soon. Now I do hope they will monitor this young man.
He took more than just a life. The other young men that witnessed this will also be forever hurt. He took someones child away from them - with reckless disregard to the safety of the people around him. He should be held accountable. What will make a difference in his life is if he feels that he should be held accountable. Only then will he understand the meaning of the life lost.
A drunk drive gets behind the wheel of a car.... kills someone..... he never meant it to happen.... but that person knows that his actions could lead to an end result of murder. Instead of a gun this young man used alcohol and was playing with a gun. He is old enough to know better and young enough that he can learn from this and become a responsible adult.
Restitution should be paid to the family for the cost of his funeral.
Thursday, November 05, 2009
at 7:06:57 PM
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Richard says...
I don't understand how ANYONE can call an incident like this an "accident"! Come on people!! Stop making excuses for those who have nothing more to do than sit around drinking and being STUPID! I'm so sick of hearing about the "poor drunk" who didn't mean to ram the car full of teenagers, the "poor drunk" who didn't know the gun was loaded"! the "poor drunk who didn't remember raping his own child or grandchild"! The "poor drunk. the poor drunk, the poor drunk"!! That is stupidity in it's purest form. EVERYONE knows what alcohol does and therefore those who use it MUST be held accountable for their actions when under the influence. Send the "poor drunks" up for life if they take a life because of being drunk! Why should they be given another chance? The people they killed got NO SECOND CHANCE!
Thursday, November 05, 2009
at 11:39:14 AM
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Carolyn says...
Six years (one of which has already been served)will not wreck Shubert's life unless he lets it. He'll probably be no older than 31 years old when he is released. That leaves many years left to build a life - something the victim will never have. The facts speak: the gun was in his home and under his control, and he has had hunter safety training. He was aware of the risks of handling a firearm while intoxicated. In prison he should be able to receive the help he needs, which is a 12-step program to address his alcohol abuse. "Being drunk" is never an excuse. I think the jury did its job.
Thursday, November 05, 2009
at 11:31:39 AM
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Judy says...
This is once again PROOF, that alchohol ruins lives,,, no age,no reason, if alchohol has ever caused a problem for you you have an alchohol problem! there was nothing innocent about a drinking party,guns, and pulling triggers,MINUS the drinking you would have had guys playing cards and thining responsibly! Alchohol is NO excuse,, it is the reason! in most of these cases you can almost always find stinkin drinkin at the root! What is wrong with parents and people to keep on promoting activity that causes so much destruction,,, what will it take to wake people up to the truth of what is does,, leaves destruction and pain pain pain in its horrible path!TELL me what is so special about it? no on second thought DON'T this comment is not to start debate but to say what I feel. Don't tell me how fun it is when all I see is hurt!
Thursday, November 05, 2009
at 10:54:54 AM
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Tyler says...
This man was college age and full aware of how to handle a gun. Alcohol or not you should know your weapon and know that it is unloaded before it is touched. That is common sense. To disregaurd this is stupidity and should be paid for not saying that he should serve all 6 years but should endure a rather harsh punishment. Maybe speaking in front of local schools about gun safety might be way to go. Specific types of community service are never a bad idea. Time in jail is wasted find something that can help the community and more than anything the O'Karmas get through this time.
Thursday, November 05, 2009
at 9:49:31 AM
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Nick says...
Its so sad! 2 boys that were friends and an accident like this happened and what does a bad jury decide, lets ruin another life! Thats horrible! The only thing that jail is going to do to this poor boy is mess up his life! If you read it he didnt mean to and they were all drunk. The boys messed up but now instead of just one loss we mess up this boys life to by sending him to jail! What is he going to learn in jail???? NOTHING! Its sad that 12 people are so dumb! The kids family needs to open their eyes as well, do they really think he is a bad kid??
Thursday, November 05, 2009
at 9:29:20 AM
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Amanda says...
This is a sad case of teenage boys goofing off and having a good time with their friends. I do not feel this was intentional and feel that Shubert as well as the victims family should recieve counciling for the loss they have all endeared. I do not feel this kid should have recieved this sentence. I do feel for the family's loss of a loved one.
Thursday, November 05, 2009
at 6:46:03 AM
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DCS says...
Two wrongs will never make a right. "Accidentally shooting and killing his close friend........" I'm sure there are 12+ small minds very happy with this conviction. I hope they have an "accident" themselves and get judged by a Jury of their peers.
Thursday, November 05, 2009
at 5:58:50 AM
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ann says...
28 years ago in Montezuma County my only brother was killed by his friend playing with a gun. He was 15 and the other boy was 17. My brother was shot in the back of the head, and it was an insane, careless accident. The DA at the time asked my Mom, "do you want the kid to get help or do you want revenge." She responded "I don't want him to ever do this again, and I want him to get help. He was sentenced to 45 days in jail and probation for 5 years. Did he get help? He has never done anything like that again, and for years he could never look us in the face. He fathered several children, and 2 of those have died. He paid the price of that fatefull, February day, and I have chosen forgiveness. If he had served 20 years in prison, my sweet brother would still be dead. My brother would be 44 years old now. And honestly I can say, I am glad he was the one taken, than the one that took.