Cody A. Smith makes an appearance in Lewis County Superior Court Tuesday afternoon in Chehalis.
A Pe Ell man was charged with second-degree manslaughter recently after authorities say he shot and killed his brother last spring while unsafely handling a firearm.
Cody A. Smith, 20, was released on his own recognizance Tuesday afternoon after appearing to a summons to a preliminary court appearance in the case in Lewis County Superior Court.
According to a probable cause affidavit, on April 28, 2018, Lewis County deputies responded to a Pe Ell residence for a gunshot. Investigation revealed Smith had allegedly been handling a gun belonging to his brother, Austin Smith, who was killed when Cody Smith accidentally fired a single round.
Smith spoke with deputies a few times about the way he was handling the weapon when it went off. Minor details changed during three interviews, documents point out, but consistently stated he was either pulling the gun from the holster or trying to pull the gun from the holster when it fired.
He stated he was aware it was loaded, according to court documents.
A witness in the house said “the defendant was messing with the gun ‘stupidly’ and the gun was out of the holster as she remembers the holster being on the floor,” read court documents.
Smith appeared in court Tuesday with a large contingent of supporters.
Both Lewis County Prosecutor Jonathan Meyer and defense attorney Don Blair agreed that Smith should be released on his own recognizance.
Judge Andrew Toynbee scheduled an arraignment hearing for Thursday.
