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.
