Teen who shot cousin bound over for trial

Teen who shot cousin bound over for trial

Sept. 13, 2001

by Aspen C. Emmett
Journal Staff Writer

County Court Judge Christopher Leroi declared Tuesday that it should be up to a jury to decide if Justin Gapp, 18, acted recklessly, negligently or by accident when he fatally shot his 14-year-old cousin during "gang play" on the evening of June 29.

The Class 4 felony charge of reckless manslaughter and a lesser non-included charge of Class 5 charge of criminally negligent homicide were bound over to district court, where the case will proceed under judge Sharon Hansen.

According to police reports, Kenneth Loren Gapp of Cortez suffered a single gunshot wound to the chest at close range and was pronounced dead upon arrival at Southwest Memorial Hospital.

The family was gathered at a residence on South Beech Street and had just finished eating dinner when the devastating events transpired on the front lawn.

According to prior reports by Cortez Police Chief Roy Lane, Justin allegedly walked outside of the house, followed by Kenneth, who was "making gang signs" and then turned to Justin and said, "Blow me away, nigger bitch."

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

Justin Gapp’s attorney, George Buck, said at the preliminary hearing that his client, while acting negligently, did not know the gun, a 9 mm Glock handgun, had a live bullet in the chamber.

"He was a person who was fooling around with a firearm," Buck stated in closing arguments. "He (Justin) pointed the gun at someone in play and pulled the trigger on command."

However, District Attorney Joe Olt said there was substantial evidence that Justin Gapp knew the gun was loaded and should have been aware of the consequences of pulling the trigger.

"He took the risk beyond risk to pull the trigger of a loaded gun while pointed at a person," Olt told the court.

Reckless manslaughter, according to Colorado statutes, is an incident in which "a person recklessly causes the death of another person."

Criminally negligent homicide is defined as "any person who causes the death of another person by conduct amounting to criminally negligent homicide."

The question for the jury will focus on Justin Gapp’s state of mind and whether he acted recklessly, negligently or entirely by accident, Leroi told the court when he decided to bound the case over to district court.

Conviction of a Class 4 felony can result in a sentence ranging from one year in jail to 12 years, depending on exceptional circumstances. A Class 5 felony holds the possibility of six months in jail to a maximum of eight years.

Justin Gapp, who has not been arrested, sat quietly in the courtroom throughout the hearing. He was issued a summons rather than arrested for the alleged incident.

An arraignment hearing on the charges in district court was set for Oct. 11 at 9 a.m.