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Cook man charged in accidental gun death

Tom Klein
Posted 9/30/15

MESA COUNTY, COLO. – A Cook man has been charged in the shooting death of a Colorado teen.

Mesa County prosecutors filed felony charges on Friday. Sept. 25 against Guy Leslie Pohto, who …

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Cook man charged in accidental gun death

Posted

MESA COUNTY, COLO. – A Cook man has been charged in the shooting death of a Colorado teen.

Mesa County prosecutors filed felony charges on Friday. Sept. 25 against Guy Leslie Pohto, who authorities say fatally shot 14-year-old Justin Burns in September while hunting on national forest land in western Colorado.

Pohto, 59, faces allegations of reckless manslaughter, a Class 4 felony, and hunting in a careless manner, a misdemeanor.

A Class 4 felony is punishable by two to six years imprisonment plus three years of parole. The misdemeanor charge calls for a fine of $100 to $1,000 or imprisonment in jail of up to one year,

A felony summons has been issued, and Pohto is due in court on Oct. 22. According to Chief Deputy District Attorney Dan Rubinstein, Pohto has been in contact with prosecutors, and Pohto’s attorney, Gordon Gallagher, of Grand Junction, Colo., accepted the summons on his behalf.

Shooting death

Burns, of Palisade, died Sept. 13 of a gunshot wound to his chest at Big Creek Reservoir in the Upcompahgre National Forest, according to the Mesa County coroner’s office. Burns was bow hunting with his father when he was shot, the Mesa County Sheriff’s Office reported, and his death was ruled as a homicide.

Burns’ family issued a statement through their attorney supporting the prosecution of Pohto.

“It is our firm opinion that Justin’s death was completely avoidable through employing basic hunter safety techniques along with a little common sense,” the statement reads. “We are pleased with the Mesa County District Attorney’s Office decision to bring formal criminal charges against Mr. Guy Pohto in its quest to pursue justice for Justin. We hope that Justin’s passing will act as a reminder to hunters everywhere how important it is never to pull the trigger without identifying your target.”

At the time of the shooting, archery and muzzleloader season for various big-game animals was in effect across the state as was rifle season for bear in many areas of Colorado.

State law defines reckless manslaughter as “recklessly causing the death of another person.” A person acts recklessly when he “consciously disregards a substantial and unjustifiable risk,” according to the law.

The careless hunting charge alleges Pohto unlawfully hunted “in a careless manner or discharged a firearm in a careless manner which endangers human life.”

The complaint filed by the county prosecutors identities Justin’s father Cory, Vincent Ehrnriter of Palisade, Alan Bruner of Cook, and Mesa County sheriff’s investigator Peter Burg as witnesses for the prosecution.

Burns, a freshman at Palisade High School, was a member of the school’s marching band and was looking forward to his first band competition, according to his obituary published in The Daily Sentinel of Grand Junction, Colo.

Burns also participated in soccer, baseball and basketball. The obituary describes the teen as shy and quiet, but stated that everyone who came into contact with him was touched by his compassion and loyalty.

“Justin was a wonderful son, loving grandson and a strong leader” for his nine-year-old twin siblings, Teagan and Lilliana,” the family’s statement noted.

In addition to his parents and siblings, the youth is survived by his grandparents, Jeff and JoAnn Carpenter of Palisade, and Larry and MaryAnn Burns of Lake City. He was preceded in death by his sister, Hannah Rose.

The family requested that donations be made to the Palisade High School marching band in Justiin’s memory, according to the obituary.

Other incidents

Recreational shooting on national forest land in Colorado has been under scrutiny since the July slaying of Glenn Martin, who was struck by an errant bullet in the Pike National Forest, according to The Denver Post. Family said the 60-year-old Monument, Colo. man was waiting to roast marshmallows with his grandchildren when he was shot. The area where Martin was shot was posted with “no shooting” signs, a spokesman for the Douglas County Sheriff’s Office told The Denver Post.

The Forest Service has since unveiled a plan for the Arapaho and Roosevelt national forests, aimed at easing tensions between shooters and other recreational users of the public lands. The affected lands would span Boulder, Grand, Clear Creek, Gilpin, Jefferson, Larimer and Park counties. The plan is scheduled to be implemented in 2016.

Under the plan, no shooting would be allowed on lands less than a half-mile from homes or in areas of highly-concentrated recreational use. In addition, it calls for at least one designated shooting range in each of the seven counties where the forests lie.