By Jim Haley
Herald Writer
A subdued Marysville teen-ager told a judge Tuesday that he is innocent of manslaughter in the April 17 shooting death of his best friend, Chase Roodzant.
Michael W. Franckowiak, 17, is charged as an adult with second-degree manslaughter. Snohomish County Superior Court Judge Ellen Fair set a July 12 trial date.
Prosecutors allege he was negligent when he pointed a loaded 9mm pistol at his 17-year-old friend and the gun went off. Roodzant died from a single gunshot wound to the face.
Both attended Marysville-Pilchuck High School until this year, and the courtroom was packed with relatives and young friends of both.
Franckowiak, the son of an Everett police officer, remained free on $25,000 bond. His father accompanied him to court. He could spend about four years in prison if convicted as charged, said defense attorney Steve Garvey.
Garvey said he tried to get chief criminal deputy prosecutor Jim Townsend to keep the case in the juvenile court system "while an investigation takes place, but I understand why Townsend didn’t do that."
As for the charge, "people need to realize that not every horrible thing that happens is the end result of a crime. You don’t look at the result and infer a crime. You look at the behavior and mental state of the accused to determine whether a crime has been committed."
Under state law, a death by an act of criminal negligence is second-degree manslaughter, Townsend said.
The shooting occurred as both teens were at the apartment of a 26-year-old man in the 6900 block of 47th Avenue NE. Franckowiak told investigators that he picked up the pistol belonging to the apartment dweller and shot his friend, according to court papers. The defendant did not say whether he knew the gun was loaded.
Franckowiak was giving his friend cardiopulmonary resuscitation when police arrived at about 6:50 p.m., court papers said.
The 26-year-old man told investigators the gun was kept loaded with several rounds on top of his kitchen refrigerator, papers said. He also told police the defendant and victim had consumed beer and marijuana at the apartment before the shooting.
The man said he was in another room when the shot rang out.
Garvey said Franckowiak is "devastated by this accident. Our first task is to help him deal with the grief and guilt he feels over losing his best friend. Then we’re going to try to figure out what happened."
One of the big questions, Garvey said, is whether the gun was defective. He said preliminary police reports suggest that the gun has a history of malfunctioning.
However, Townsend said in charging papers "there is no evidence presently available that the handgun malfunctioned in any fashion."
You can call Herald Writer Jim Haley at 425-339-3447
or send e-mail to haley@heraldnet.com.
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