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Archive for Wednesday, December 7, 2005

Two teenagers get probation for accidental shooting death

December 7, 2005

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— Two Hutchinson teenagers have been placed on probation for the death of a companion in an accidental shooting last spring.

Daniel Delgado, 16, was fatally injured on April 29 when a gun discharged while he and other youths were riding in a car. He died early the next day after eight hours of surgery.

Kile Schilke, 17, and Marshall Wagner, 16, had been scheduled for trial in juvenile court on Monday. However, on Friday they pleaded guilty to involuntary manslaughter, criminal possession of a firearm with a barrel less than 12 inches long and illegal consumption of alcohol.

Juvenile prosecutor Michelle Specht said the Reno County District Attorney's Office didn't offer a plea agreement but she agreed to drop the two lesser charges after the youths entered the pleas on their own.

Schilke got a year's probation. Wagner had already been on probation for burglary and illegal consumption of alcohol, so his punishment is a year of community corrections, which involves stricter oversight than regular probation.

Another youth who was in the car, Adam Comer, 15, pleaded guilty in June to disorderly conduct and illegal possession of a firearm. He got a year of probation and was fined $80.

Investigators said Wagner brought a loaded gun into the car and the other boys, not realizing it contained live ammunition, were passing it around. Schilke fired it, with the bullet passing through the front passenger seat and into Delgado's back.

Delgado's family had asked the district attorney to decline prosecution.

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