Gregory M. Shain, 22, told Boise police he thought a gun he was pointing at his friend Gary Dean Arlen Jr., 23, wasn’t loaded when he shot and killed him, according to court records obtained by the Idaho Statesman.
Shain told police he and Arlen were passing a handgun back and forth and pointing it at each other before the fatal shot. Shain said one of them took the magazine out and racked the slide to make sure the gun was not loaded.
But later, a different magazine was put back in —and that magazine was in the gun when Shain shot Arlen, according to testimony in a probable cause hearing Tuesday morning that led to Shain being charged with felony involuntary manslaughter.
Ada County prosecutors said the two were playing “some sort of game” and told a judge later Tuesday that drugs or alcohol may have been a factor, but no mention was made of that in the hearing.Guns aren't toys. Never point a gun at anything that you are not prepared to destroy. And combining intoxication and guns is always a bad idea.