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ur you couia snoot into someone,” Mr. Luke retorted. “That would stop it.” What about Mr. Shafer, the Commonwealth’s Attorney asked. “Shooting without knowing where he is?”
“I knew Sam was on his stand,” Mr. Selvage said. “I know I would have seen a man behind the deer.”
“You didn’t see Mr. Gray,” Mr. Luke pointed out.
“No, but he might have been laying down.”
“Apparently, he was there,” Mr. Luke insisted.
“Apparently,” Mr. Selvage said.
“You are denying the testimony of two witnesses who say you told them you shot a man?” Mr. Luke questioned.
“I did not say that.”
“Jim Bankston said you told him ‘Why me . . . Why me?’ Did you say that?”
“No, I didn’t.”
Under re-direct examination by Mr. Fletcher, Mr. Selvage said that his concern about possibly having shot Mr. Gray stemmed from having shot in that general direction. “I was upset a great deal,” by the accident. “I have cried a few times .. . I’m not sure” what happened that evening, he admitted. “I was so shook up. I haven’t fired a rifle since.”
In closing arguments, Mr. Luke interpreted the reckless handling of a firearm statute to mean in such a way as to endanger the life, limb or property of another. “The burden of proof is on the Commonwealth to prove that the defendant shot Mr. 3ray, because he handled a firearm recklessly.”
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