Marshfield man accidentally shoots roommate
DA files felony charge
By Jacob Miller • Marshfield News-Herald • January 29, 2009

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Buzz up! A 21-year-old Marshfield man who accidentally shot his roommate told police he was spinning the gun on his finger like they did in the "Old West" when it fired, Marshfield Police Chief Joe Stroik said.


Dustin A. Kayhart, 18, of Marshfield was in good condition at Saint Joseph's Hospital Wednesday morning, a hospital spokesperson said. Keith J. Newby shot Kayhart in the left leg with a .357 handgun at about 7:19 p.m. Tuesday in the 1100 block of East Doege Street. Both men told police it was an accident.

The Wood County District Attorney's office filed a felony charge of second degree reckless injury Wednesday against Newby. The maximum sentence is 12 years and 6 months in prison, a $25,000 fine, or both.

A blood test indicated Newby had a .04 blood alcohol level after the shooting, Stroik said. According to court records, Newby was found guilty of underage drinking in Nov. 2006. It's unclear if Kayhart had been drinking.

"Alcohol and guns do not mix," Stroik said. "That would be my first thought."

Newby had been shooting the gun outside the city's limits earlier in the day, Stroik said. He thought he had emptied the weapon's cylinder when he returned home.

After spinning the gun on his finger, the weapon was cocked and accidentally released, Stroik said. The fired bullet entered Kayhart's lower leg, traveled through his upper leg and came to rest near his pelvis, Stroik said. The two men were about three feet apart when Kayhart was shot.

The gun allegedly belonged to Newby, and along with the bullet casing, was taken as evidence, Stroik said.

Newby called 911 to report the shooting, and was told to exit the home with his hands in the air when officers arrived. The scene and the gun were secured and the investigation was turned over to detectives.

Four Marshfield Police officers responded to the scene.

I will not attempt to list all the things that are wrong with this. My only (Monday morning) comment is the 911 call was not the time / place to report the shot. Exit the building with hands up? Meanwhile friend bleeds out? Never mind, just delete my post...