Shooting Called an Accident : Tragedy: Prosecutors charge the teen suspect with involuntary manslaughter. Mourners bid farewell to the slain San Clemente student.
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DANA POINT — As friends and family bid a tearful farewell to 15-year-old Angela Lynn Wagner, prosecutors Friday charged a 16-year-old boy with involuntary manslaughter, saying the tragedy appeared to have been caused by an accident as a result of negligence.
“I don’t know exactly what he was doing, but from all indications it wasn’t like he pulled out a gun and intentionally shot at her,” Deputy Dist. Atty. Ron Cafferty said.
Wagner, of San Clemente, was shot once in the chest Monday evening as she sat in a car in front of a Capistrano Beach apartment complex, waiting for her boyfriend to run an errand.
In addition to involuntary manslaughter, the suspect, an acquaintance of Wagner who lives at the Domingo Avenue apartment complex where the shooting occurred, was charged with two sentencing enhancements of using a firearm and shooting a firearm at a vehicle.
The suspect, whose name was not released because of his age, is being held in Orange County Juvenile Hall pending a hearing Monday to determine if he should remain in custody or be released to his parents. The charges against him also make him eligible to be tried as an adult, which would be determined at a future hearing, Cafferty said.
If convicted, he faces a maximum of nine years in state prison or the California Youth Authority, depending on if he is tried as an adult.
At funeral services held for Wagner in Escondido, the popular San Clemente High School sophomore was remembered for such things as her laugh, loyalty and love of the beach.
About a 150 people, including many of Wagner’s classmates from San Clemente High School, traveled to Escondido for the funeral.
The Rev. John Swartz, the senior pastor of Bethel Baptist Church who presided over the funeral, said he was especially impressed that the young people traveled such a distance to show their respect and love for Wagner.
“They had such love for each other,” Swartz said. “They embraced each other at the service. There were many tears. They were giving strength to each other.”
Wagner is survived by her father, Larry Wagner of San Clemente, a former Baptist minister; mother Patti Wagner of Riverside; a younger brother, David Wagner of San Clemente; grandparents Gene and Marylou Wagner of Escondido and Scott and Kay McDonald of Nova Scotia; and a great-grandmother, Mary Diet.
The filing of the charges Friday capped a week of questions and speculation about what motive, if any, was involved in the killing.
On Thursday, at news of the arrest, the victim’s boyfriend, Chris Antonio, 17, of Mission Viejo, said through his sister that he had no idea why the suspect would have wanted to harm Wagner and that he was hoping the shooting was an “accident.” Antonio used to live in the Capistrano Beach apartment complex, which is where he met the suspect.
Although neither sheriff’s investigators nor prosecutors would release details on how the shooting took place, Cafferty said he didn’t receive any evidence that showed the suspect intentionally shot Wagner.
“There is no evidence of any motive,” he added.
As defined by law, involuntary manslaughter is the unintentional killing of another person. The charge can be used if someone is killed as result of an “inherently dangerous misdemeanor,” such as brandishing a firearm in a rude or angry manner, Cafferty said.
The charge can also be used if someone is killed while a firearm is being used in a lawful, but a grossly negligent or reckless manner, he said.
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