He was bound over on a reckless discharge of a firearm.
OCEANA COUNTY, MI – If a hunting instructor/mentor did shoot to death a 13-year-old boy, he did so without “wanton disregard” for the child’s life, a judge has decided.
Roger Erick Hoeker, 62, of Jenison will face trial for reckless discharge of a firearm causing the death of William “Billy” Gort Jr., a middle school student from Wyoming. Gort died on Feb. 18 while on a hunting outing in Oceana County with Hoeker and another 13-year-old boy.
Oceana County Prosecutor Joseph Bizon had pursued a more serious involuntary manslaughter charge against Hoeker, arguing that he was “grossly negligent” as the trio hunted squirrel on state land.
Hunter was ‘grossly negligent’ in teen’s death, prosecutor says
Following a preliminary examination in 78 th District Court Monday, Judge H. Kevin Drake bound Hoeker over to circuit court on the lesser charge, which is a high-court misdemeanor punishable by up to two years in prison. The involuntary manslaughter charge carries a maximum penalty of 15 years.
Judges determine sentences based on state guidelines. In this case, Hoeker is unlikely to serve any time if convicted of reckless discharge of a firearm, Bizon said.
The difference in proving the manslaughter charge and reckless discharge is the level of negligence, Bizon said. Reckless discharge implies carelessness or recklessness but not “willful or wanton disregard” for another’s safety, he said.
Hoeker was a Michigan hunter safety instructor and mentor with the outreach program Christianity Outdoors. His defense claimed that the bullet that struck Gort in the head had possibly ricocheted off a tree. Bizon said he doesn’t believe there was a ricochet.
Hoeker was hunting that day with a small-caliber rifle while the boys had shotguns, the Michigan State Police reported earlier.
