A Riverside man has been charged with killing a man at a Super Bowl party with a gun he possessed illegally and while drunk.
Joshua W. Bailey, 34, was charged in Platte County on Monday with being a felon in possession of a weapon, unlawfully discharging a firearm while intoxicated, involuntary manslaughter, and armed criminal action.
According to court documents, Bailey hosted a Super Bowl party Sunday night at his residence on Homestead Road in Riverside.
He allegedly told authorities he had four or five shots of tequila and smoked marijuana.
At approximately 8:30 p.m., Bailey called 911, saying he had shot his friend. Court documents indicate he told the 911 operator “my gun accidentally went off,” “I did not know it had a bullet in the chamber,” and “I’m going to jail.”
Upon arriving at the residence, officers found the victim on the floor with a large pool of blood around his head. The victim was transported to an area hospital, where he was later pronounced dead.
Bailey told authorities he was showing his 9mm handgun to people. He allegedly said he did not think there was a round in the chamber, and the gun went off when he pulled the trigger, striking the victim in the back of the head.
Bailey said the shooting was not intentional and he had not aimed the weapon at his friend.
According to court documents, Bailey is being charged as a felon in possession of a firearm because he was convicted in 2003 of possessing a controlled substance in Jackson County.
Platte County Prosecuting Attorney Eric Zahnd said, “There has been a lot of politically-charged discussion recently regarding gun rights. This case has nothing to do with that debate. Personally, I am a strong supporter of the Second Amendment’s right to bear arms. But virtually everyone agrees that only law-abiding citizens should safely and responsibly possess firearms.”
Bailey is being held in the Platte County jail in lieu of a $500,000 cash-only bond.
If convicted, Bailey faces up to seven years in prison for being a felon in possession of a firearm, up to four years in prison for discharging the weapon while intoxicated, up to seven years in prison for manslaughter, and a minimum of three years in prison for armed criminal action.
This case is being investigated by the Riverside Department of Public Safety. It is being prosecuted by assistant prosecuting attorney Amy Ashelford.
