ST. MARIES, Idaho (AP) A northern Idaho man claims he accidentally shot an 18-year-old St. Maries woman on Christmas Day while checking to see if his gun was unloaded, authorities said Tuesday during a court hearing in Benewah County.Joseph Duane Herrera, 28, of St. Maries, has pleaded not guilty to second-degree murder in the death of Stefanie Comack, who suffered a fatal gunshot wound to the head on Sunday. A judge set bail at $200,000 for Herrera, who has been transferred to the Nez Perce County Jail in Lewiston.
The shooting was reported just before noon on Sunday. Comack was transported to Benewah Community Hospital, then later airlifted to Kootenai Medical Center in Coeur d'Alene, where she died.
Herrera and Comack both worked at Valley Vista Care Center in St. Maries, friends said, though authorities declined to discuss how the two knew each other or whether they were in a relationship.
"There was some kind of argument" between Herrera and Comack on Sunday and Herrera claims that he accidentally fired his semi-automatic handgun at Comack while making sure the firearm was unloaded, Benewah County Prosecutor Douglas Payne said.
"He told officers he was trying to unload it when it went off," Payne said.
But authorities counter that the close proximity of the gun to Comack's head suggests an accidental shooting is an unlikely.
"You can have death which is accidental but the act that caused it is malicious that's the issue in the case," Payne said. "A person can do something so reckless that even if they don't intend to kill someone murder can result."
There were other people were in the home when the shooting occurred but no one else was in the room when Comack was hit, Payne said. Herrera fled the home afterward but later turned himself into authorities, police said.
Herrera's parents said they were seeking to hire a private attorney to represent him. A preliminary hearing in the case will be held within two weeks.
Herrera's criminal record in Idaho includes a misdemeanor battery conviction in 2008 and a domestic battery charge that was filed in 2009 but later dismissed after he completed a deferred prosecution program.
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