DELAFIELD — A 20-year-old man is accused of shooting his roommate after allegedly playing around with a gun. Justin Koier, of Hartland, was charged in Waukesha County Circuit Court on Friday with first-degree reckless homicide, use of a dangerous weapon. If convicted, Koier faces up to 60 years in prison.
A $5,000 cash bond was posted, according to online court records. Koier’s next court date is April 5.
Koier, a witness and the victim lived in the home for one year. Koier told police that he and the victim got along very well and were good friends.
A caller reported an accidental shooting on Wednesday evening in the area of Oakwood Road and Highway 83 in the Delafield shortly after 5 p.m. The victim, who was not identified in the complaint, was found in Koier’s bedroom. After lifesaving measures were performed, the victim was declared dead at the scene.
Koier identified the location of the gun, a Sig Sauer 320 M18 semi-automatic 9mm handgun, on his dresser in the bedroom, according to the criminal complaint.
The gun was a gift given to Koier a year ago from the witness.
Koier was still wearing the clothing from the shooting which had dried blood on his knee. He consented to a blood draw and urine sample, the complaint said.
He told police he is currently unemployed but had been previously employed as a security guard. On Wednesday he didn’t leave the house all day but the victim went to work and came home at 2 p.m. At that time he and the victim smoked marijuana together, the complaint said. The victim had used the gun four days prior to attend a firearms instructor class. The victim returned the gun to Koier, who performed maintenance such as cleaning and reassembled it. He put an almost full magazine in it but didn’t remember if the bullet was placed in the chamber, the complaint said.
On Wednesday he went into the bathroom while the victim was smoking marijuana, the complaint said.
When Koier returned the victim had the gun slung over his shoulder. At some point, according to the complaint, the victim aimed the gun at him. Koier said the two had done this in the past.
Koier picked up the gun and pointed it at the victim when the gun fired, according to the complaint.
When asked if his finger was on the trigger, Koier said he couldn’t remember.
Koier called out to the witness who was in her bedroom and heard him yell. Koier said he performed CPR and first aid.
The witness reported Koier said he and the victim were playing and the gun went off, the complaint said.
The witness told police she referred to the victim and Koier as “her kids” because they got along so well. She told police the victim and Koier played cops and robbers around the house and would handcuff each other. She never saw them point guns at each other.
An autopsy performed on the victim indicated a bullet entered the right side of his chest cavity and followed a path into the pulmonary artery from the heart. The cause of death was gunshot wound, according to the complaint.
