Man agrees to plea in accidental death

Posted: Monday, March 09, 2009

KENAI - A 24-year-old Kenai man who fired a handgun he thought was a toy, killing a teenager, will spend six months in jail as part of a plea agreement.

Christopher Lindsay pleaded guilty Friday to one count of criminally negligent homicide in Kenai Superior Court.

Lindsay fired a .40-caliber handgun that killed 17-year-old Michael Trux on Aug. 13, 2007.

Sentencing will be June 10 but Lindsay began serving his jail sentence following the change of plea before Superior Court Judge Anna Moran.

Moran accepted Lindsay's guilty plea in exchange for a sentence of 36 months in jail, with 30 months suspended, plus two years probation and a substance abuse assessment.

Moran said Lindsay had not intended to injure the teen.

"Mr. Lindsay was unaware the handgun he was possessing at the time was a loaded handgun with live ammunition," Moran said. "Instead Mr. Lindsay believed he was possessing an airsoft replica handgun."

During a bail hearing last spring, assistant district attorney Scot Leaders told the court the shooting was not intentional.

Leaders said toy airsoft handguns were on a table in the garage as the family was preparing to sell them and other items in a garage sale. Someone had also placed a loaded .40-caliber handgun on the table.

Airsoft toy pistols are designed to look like real guns. They shoot nonmetallic projectiles using springs, compressed air or other means. They customarily have tips on their barrels that are bright orange.

Lindsay saw the victim leaving the garage and picked up what he thought was a toy gun, shot once and hit the teen in the neck. Trux was pronounced dead at Central Peninsula Hospital.

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