By BERNIE HORNICK
SOMERSET — Jurors found Friday that Bruce Emerick did not maliciously take his fiancee’s life, but negligently did set up the conditions that led to her death – a loaded rifle standing in a crowded bedroom.
After a three-hour deliberation, the eight-man, four-woman jury found Emerick, 21, guilty of involuntary manslaughter, reckless endangerment, criminal mischief and simple assault.
But the verdict leaves unanswered – probably unknowable – the tantalizing question: Who pulled the trigger when Emerick and Jeanine Downing, 33, grabbed at the rifle?
“We are very pleased with the verdict,” sister Brandi Emerick of Stoystown said, speaking for the family. “He definitely did not deserve murder when all he did was try to prevent someone from killing herself.”
Noting that the recommended sentencing guidelines call for a jail term of nine to 16 months on the homicide charge, and his client already has been jailed for 22 months, defense attorney Jerome Kaharick of Johnstown said, “I expect he’ll regain his freedom quickly.”
Emerick had been facing life in prison if convicted of first-degree murder. He also faced counts of third-degree murder and voluntary manslaughter in Downing’s Dec. 28, 2007, death during a day of drinking at their Somerset apartment.
“Under the circumstances, I consider that a victory,” Kaharick said.
Not in the clear
Assistant District Attorney Jim Jacobs said Emerick still could face a sentence of up to 10 years when all the charges are tallied up. “I’m going to press on with the next charges (against Emerick),” he said, which include 10 previously filed counts including theft, receiving stolen property and conspiracy to commit theft.
Kaharick asked that Emerick – who remained passive throughout – be released on his own recognizance pending sentencing.
President Judge John Cascio said he would consider that motion once it’s put in writing.
He set sentencing for Jan. 6.
Members of Downing’s family huddled outside the door of the DA’s office after the verdict, crying and decrying the findings. They did not want to talk to the media.
Friday included dramatic testimony from Emerick and his cousin and next-door neighbor, Richard Shaffer Jr., about the circumstances leading to the shooting.
Emerick was still seething after getting into a physical encounter with Downing’s brother. Josh Staff of Altoona thought Emerick might charge Downing after the couple argued when Emerick flirted with a partygoer, so he briefly caught Emerick in a chokehold.
Later, at his apartment, Emerick was despondent because of running arguments he’d had with his girlfriend.
“He put one bullet in the gun and said he was going to shoot himself,” Shaffer said. “I talked to him about his nieces and nephews and he put his gun by the closet. I was trying to calm him down.”
“Ritchie said, ‘You have too much to live for,’ ” the softspoken Emerick said, recalling how his cousin talked him back from the brink.
Downing and her friend, Jennifer Jacobs, later came back to the bedroom where Emerick and Shaffer were talking.
The couple tried to reconcile.
“I told her I didn’t want her brother in my house: He just jumped me,” Emerick said.
“No he didn’t,” Emerick said his girlfriend replied.
“Yes, he did.”
“You’re right, he did,” Downing reportedly agreed.
“I just want to leave.”
“I’ll just shoot myself then,” Downing said, then grabbed the cocked deer rifle and pulled it to her chin.
“She sticks it near her head – one hand on the barrel, one hand on the trigger,” Emerick claimed.
He told jurors he said, “No, baby, no,” then reached for the weapon himself, holding it by the stock and barrel.
It went off, and Downing was dead within seconds.
Jacobs – Downing’s good friend – said Downing had both hands on the barrel, so Emerick must have fired the weapon.
Shaffer – Emerick’s friend and cousin – said he didn’t know whose hands were where.
Assistant District Attorney Jacobs asked Emerick why he didn’t shout out, “Wait, the gun is loaded.”
Emerick said it happened so quickly. “I just wanted to get the gun away from her.”
Jacobs said Emerick indicated his guilt by not being fully forthcoming with police, including keeping mum about earlier knocking a drink from Downing’s hand. In his closing statement, he maintained Emerick shot Downing because, “At age 19, he didn’t want to go back living with mommy and daddy.”
The apartment was in Downing’s name.
