MORRISON – A hearing for Sterling man who was set to change his plea and be sentenced Tuesday in Whiteside County court for involuntary manslaughter likely will be rescheduled because a trial recently was set in another case his attorney is handling.
Justin L. Casey, 21, faces two to five years in prison in the accidental shooting death of his roommate.
In her motion asking for a continuance, his attorney, Andrea Jaeger of Keegan, Tindal & Jaeger of Davenport, Iowa, notes that both sides have reached “a fully negotiated resolution,” and that State’s Attorney Terry Costello’s office does not object to the rescheduling, which she needs because a federal trial in which she is participating was moved to the same time.
As of 4 p.m. Monday, the motion was not yet granted and a new plea date was not yet set, but because it is an unrestricted motion, it likely will be approved.
Casey is accused of shooting Kyle R. Schultz, 27, in the head in their home in the 1100 block of Fourth Avenue. Police found Schultz about 11:30 p.m.; attempts to save him failed and he was pronounced dead at the scene after midnight.
According to the charging document, Casey, who turns 21 on Oct. 6, acted “in a reckless manner ... in that while handling a loaded firearm in the presence of Kyle R. Schultz, said defendant discharged the firearm,” causing his death.
Casey and Schultz were among six people who lived in the two-story home, all of whom were friends and witnesses. One of the housemates called 911, Detective Maggie Ellmaker said.
There were no reports of anyone fighting that night, she said. “It was a very sad situation for everyone involved, because all of them were friends.”
Casey was arrested at 12:30 p.m. Feb. 20, and has been in Whiteside County jail on $250,000 bond since.
If convicted, he will be given credit for the days he has served awaiting the outcome.