A defense motion to dismiss one homicide charge against an Eagle River man, Jereamiah Solis, 19 was denied in Vilas County court Thursday with a preliminary hearing set for December 14th.
Solis is accused of handling a Smith and Wesson Sigma 40 caliber semi-automatic handgun last September 3 in an apartment on Wall Street in Eagle River striking Connor Stephens of Three Lakes in the chest, causing his death. Two felony charges had been filed, one being homicide with a firearm while under the influence of a controlled substance and homicide by negligent handling of a dangerous weapon.
Defense attorney Albert Moustakis told Vilas County Judge Neal Niesen III the state failed to focus on the “mental element” of the charge saying it should be “ordinary” negligence not “criminal” negligence. “Mr. Solis believed he cleared the weapon, that it was empty, that in his state of mind it was unloaded therefore the charge should be dismissed,” Moustakis said.
Assistant district attorney David Breedlove indicated Solis was familiar with the handgun, having purchased it at the Eagle River gun show and practicing at the Vilas County shooting range
Judge Nielsen, in denying the motion for dismissal, indicated Solis may have been inexperienced with the handgun but failed to grasp the risk of having a loaded clip in the weapon and that a reasonable person should be aware his actions created a risk of great bodily harm.
A preliminary hearing Dec. 14 will determine if Solis is bound over for arraignment. He remains free on a $20,000 signature bond.
