A man who had been drinking and smoking marijuana told authorities that he accidentally shot and killed a friend during a Super Bowl party, according to court documents.
Authorities found Josh Anderson, who was struggling to breathe, on the ground outside the suspect's Riverside home. Anderson, who was shot in the back of the head, died at an area hospital from his injuries.
Joshua W. Bailey, 34, is charged with first-degree involuntary manslaughter, two counts of unlawful use of a weapon and armed criminal action. Bailey, who pleaded guilty in 2003 for felony possession of a controlled substance, was charged with being a felon in possession of a firearm.
"There has been a lot of politically charged discussion recently regarding gun rights. This case has nothing to do with that debate," Platte County Prosecutor Eric Zahnd said. "Personally, I am a strong supporter of the Second Amendment's right to bear arms. But virtually everyone agrees that only law-abiding citizens should safely and responsibly possess firearms."
Bailey called 911 about 8:30 p.m. According to court documents, Bailey told the 911 operation that his 9 mm handgun "accidentally went off." Bailey also told the dispatcher that, "I did not know it had a bullet in the chamber," and added, "I'm going to jail," according to court documents.
Bailey told authorities that he had up to five shots of tequila and had smoked marijuana during the Super Bowl party that he hosted in the 4800 block of Homestead Road. He said he was showing off the handgun he had obtained for protection when he put a magazine into the gun and hit the slide release.
"This action chambered a round. Bailey did not think there was a round in the chamber. Bailey stood up from the couch in the living room and pulled the trigger," according to court documents. "The gun went off and struck Anderson in the back of the head. Bailey said the gun just went off and it was not intentional. He said he did not aim the gun at Anderson, but it must have been pointed in his direction."
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