Shooting death leads to charge of manslaughter

Shooting death leads to charge of manslaughter

July 12, 2001

By Jim Mimiaga
Journal Staff Writer

A Cortez teenager who accidentally killed his 14-year-old cousin while the two mimicked gang behavior has been charged with reckless manslaughter.

Justin Dean Gapp, 18, has been summoned to court to face charges that he "recklessly caused the death" of Kenneth Loren Gapp on June 21 in the front yard of their South Beech Street residence.

Gapp was not arrested, but must appear in court on Aug. 1 to face the Class 4 felony charge, according to court records.

"They were playing out some gang-style stuff and Justin felt the gun was unloaded when he pulled the trigger," said Cortez Police Chief Roy Lane on Wednesday.

Kenneth Gapp was shot once in the chest with Justin’s 9 mm handgun at close range. He died a short time later.

Lane described the shooting to members of the Cortez City Council Tuesday during a briefing about the killing and that of 16-year-old Fred Martinez Jr. of Cortez, who was allegedly bludgeoned on June 16. A former Cortez resident, Shaun Murphy, 18, has been charged with second-degree murder in that case.

Apologizing in advance for repeating offensive language, Lane said that Kenneth walked out of the house "making gang signs" and then turned to Justin and said, "Blow me away, n----- bitch."

Justin, handling the gun sideways in a manner glorified by gang culture, then inadvertently shot his cousin, Lane said.

Justin’s parents, with whom Kenneth was living, were inside the home at the time of the accident.

The handgun was owned by Justin Gapp, police said. He apparently bought it from a private seller, as yet unknown.

District Attorney Joe Olt said police are investigating whether Justin purchased the gun before his 18th birthday, Aug. 5. In Colorado it is a Class 4 felony to sell a handgun to anyone under 18, Olt said.