Second man charged in East Troy fatal shooting
ELKHORN—The man who prosecutors say owned and loaded the gun used to shoot and kill a McHenry, Illinois, man during a game of drunken Russian roulette in East Troy last week was charged Tuesday with party to first-degree reckless homicide.
Tyler M. Odell, 22, faces a maximum sentence of 60 years in prison, according to the criminal complaint filed Tuesday in Walworth County Court.
Robert M. Sterling, 31, McHenry, is charged with first-degree reckless homicide. Prosecutors say he pulled the trigger that killed David A. Bauspies, 36, according to Sterling's complaint. Sterling is also charged with homicide by negligent handling of a dangerous weapon.
At about 12:28 p.m. Jan. 2, police were dispatched to 2090 Emery Court, where Odell lives, for a report of a gunshot victim. When police arrived, they found Sterling inside the apartment kneeling over Bauspies' body, according to the complaint.
Odell told police he had been drinking a lot of beer and that Bauspies and Sterling were "pretty drunk" when he decided to show everyone his .44 Magnum revolver, according to the complaint.
While showing the gun, Odell told police he removed six rounds from the gun, put one round back in, spun the cylinder and pointed the gun at his own head, according to the complaint. He did not pull the trigger.
He then told police he handed the gun to Sterling, who spun the cylinder, held the gun to his head and pulled the trigger, according to the complaint. The gun did not fire.
Odell told police Sterling then pointed the gun at Bauspies, pulled the trigger and the gun fired, hitting Bauspies in the face, according to the complaint. Odell and another man who was not arrested then left to go to a friend's house.
Police found Odell outside the residence after they arrived, according to the complaint.
Odell's attorney, Steven Gobin, said in court Tuesday he intended to file a motion to dismiss the charge for lack of probable cause. The defense and prosecution will debate the motion at 3:30 p.m. Friday, Jan. 27.