By JUDY D.J. ELLICH
Daily American Staff Writer
Wednesday, January 6, 2010 9:28 PM EST
A Somerset man will not spend additional time behind bars for the fatal shooting of his girlfriend in December 2007.
President Judge John M. Cascio sentenced 21-year-old Bruce Emerick to nine to 23 months in Somerset County Jail Wednesday for involuntary manslaughter and paroled him immediately for 685 days served. He has been free on bail since Nov. 13.
He was placed on two years of supervised probation and must perform 100 hours of community service.
A jury convicted the Somerset man of involuntary manslaughter, simple assault, criminal mischief and two counts of recklessly endangering another person Oct. 30 after a five-day trial in Somerset County court. Emerick initially was charged with murder.
Prior to his sentencing, Emerick said he was sorry for his actions, which led to the death of Jeanine Downing of Somerset.
“I want to make something better of myself,” he said. “I am sorry for what happened, I truly am.”
After his sentencing, Emerick fought to get the .30-30 lever-action rifle gun used in the shooting back in his possession. The gun had been confiscated by police. It was used as evidence at his trial.
His attorney, Jerome Kaharick of Johnstown, had filed a motion to have the gun and a bat returned. The bat was not used in the crime, but it was handled by Emerick the evening of the shooting.
Assistant District Attorney James Jacobs Jr. argued that the firearm was used in a crime and should be forfeited and destroyed.
Cascio agreed. He did, however, grant the request to have the bat returned to Emerick.
Emerick testified at trial that he was trying to stop Downing from accidentally firing his rifle. She had placed the muzzle against her jaw during an argument with Emerick in a back bedroom of an apartment at 800 E. Main Street, Somerset.
Emerick loaded the rifle, unloaded it and loaded it again before the shooting occurred. Emerick testified he had done so to elicit sympathy from Downing, who he thought was breaking up with him. Both Emerick and Downing were holding the rifle when it went off. Downing died from a single gunshot wound to the head. Witnesses testified that they did not see who pulled the trigger.
Cascio said he agreed with the probation department’s recommendation of time served and a lengthy probationary period because Emerick will receive intensive drug and alcohol counseling and treatment.
“The underlying problem was abuse of alcohol by a person who was underage,” the judges said.
There was testimony at trial that the couple had been drinking throughout the night.
“The supervision adds the opportunity to allow you to address issues that brought you here in the first place,” he said.
Jacobs pushed for prison time, pointing to Emerick’s history of alcohol and drug problems. But Kaharick argued that Emerick had successfully completed three alcohol rehabilitation programs.
Cascio responded by stating to Emerick that “you have been successful in addressing alcohol and drug problems before and it doesn’t seem to take and that concerns me.”
He then ordered Emerick to pay court costs, a supervisory fee, a $500 fine and restitution of $2,500 to Laurel Mountain Village and $1,843.80 to Nationwide Insurance for damage to the apartment from the shooting. He must undergo drug and alcohol and mental health evaluations. He must attend a domestic violence program.
Jacobs looked upset at the sentencing. He said he did not want to comment afterward.
Kaharick did address the judge’s decision.
“Under the circumstances, the judge was very fair,” he said.
Emerick was simultaneously sentenced Wednesday to three years’ supervised probation in an unrelated theft case from the spring of 2007.
Cascio ruled that the two sentences run concurrently, making the aggregate sentence a total of five years’ supervised probation.
In the theft case, Emerick confessed to breaking into three parked cars in Jerome on April 21 or 22 and taking a .22-caliber Colt Derringer, an iPod and charger, three CDs, a can of smokeless tobacco and $21.50.
He pleaded guilty to two counts of theft by unlawful taking Dec. 16.
Emerick was ordered to pay supervisory fees and $300 in fines on the theft crime. He must submit to DNA testing.
When asked after his sentencing if he wanted to comment, Emerick replied, “No,” and turned away.
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