Change of plea entered in shotgun death

Zook to be sentenced

Jess Oaks
Posted 1/15/25

GOSHEN COUNTY – The proceedings for a change of plea hearing began in the Goshen County District Court on Thursday, January 9 at 10:45 a.m. with the legal counsel Jason Tangeman who represented …

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Change of plea entered in shotgun death

Zook to be sentenced

Posted

GOSHEN COUNTY – The proceedings for a change of plea hearing began in the Goshen County District Court on Thursday, January 9 at 10:45 a.m. with the legal counsel Jason Tangeman who represented the 20-year-old Pinedale man, Gaige Zook, who was charged with one count of involuntary manslaughter in the death of a 19-year-old Minnesota man, Maurizio Jusiniano Dadin and Goshen County and Prosecuting Attorney, Eric Boyer, who represented the State of Wyoming. Presiding over the case proceedings was District Court of Goshen County Judge Edward Buchanan. 

Buchanan called the court to order in the matter of criminal action number 2024-CR-0000017, the State of Wyoming vs. Zook where he then asked the defendant if he was under the influence of any alcohol or drugs to which Zook responded no. Buchanan also asked Zook if he had any medical conditions which would prevent him from understanding the Thursday hearing. Again, Zook opposed it. After both Zook and Tangeman confirmed the defendant had an opportunity to review the case information, Buchanan advised the defendant and counsel if there should be any questions along the way, “feel free to ask.” 

“This is a single count information, Mr. Zook, that alleges on or about January 20, 2024, that you, involuntary but recklessly, which would make it unlawful, killed a human being, of course without malice, expressed or implied, specifically that your involuntary but reckless actions killed Maurizio Jusiniano,” Buchanan said. “I believe that individual has another last name, or [a] name that had also been used, Mr. Tangeman?” 

“Dadin, Your Honor. D-A-D-I-N,” Tangeman responded. 

“What’s important is we just get that direct, Mr. Zook. Obviously, if that would be true, that would be a violation to the charge of Wyoming State Statute 6-2-105 (a) (ii), and the count contained being prescribed under subsection (b) again, a felony known as involuntary manslaughter maximum possible penalty imprisonment of up to 20 years and a $10,000 fine or both,” Buchanan said. “So, my question to you, Mr. Zook, do you understand the charge and the maximum possible penalties should you either plead guilty or be found guilty?”

“Yes, Your Honor,” Zook responded. 

Buchanan then moved on to reading the defendant his constitutional rights stating Zook had the right to plead guilty, not guilty, not guilty under reason of mental illness or under certain circumstances with permission from the court, no contest. 

In June, Zook entered a plea of “not guilty” and a delayed jury trial had been set for the week of January 6.

Zook noted during the Thursday change of plea hearing, he was satisfied with his legal representation. 

“Again, Mr. Zook, you are presumed to be innocent of all wrongdoing, that presumption carries with you throughout these proceedings. At trial, the state would have the burden of proving your guilt, beyond a reasonable doubt. You would have no obligation to call any witnesses or present any evidence and the jury would be instructed to find you ‘not guilty’ if the state could not meet its burden of proof. In other words, you don’t have to prove anything. The burden of proof is on the State of Wyoming,” Buchanan explained. “You also have the right to cross-examine and confront the witnesses the state may call to testify against you.”

Buchanan also explained if Zook should plead “not guilty” he would have the right to not call his own witnesses or chose not to testify in his own trial. 

“Finally, Mr. Zook, if you were convicted at trial, you would have the right to appeal the jury’s finding of guilt as well as any subsequent sentencing to the Wyoming Supreme Court,” Buchanan explained.

“Since we’re here for a change of plea today. I’ll ask about the details for the record in just a moment. I want to make sure you understand if you were to change your plea today, whether ‘guilty’ or ‘no contest’ there would be no trial of any kind,” Buchanan said. “By entering such a plea, you waive the right for a speedy trial. The state would not be required to meet its burden of proving your guilt beyond a reasonable doubt.”

Buchanan continued to discuss each plea the defendant could enter in the court for the charge he faced. 

“My understanding is, as part of the change or plea or plea agreement there may be a provision or a conditional plea,” Buchanan said. “I’ll wait to hear about that. That would be kind of one of the exceptions from what I just told you.”

Zook responded he had understood everything the judge had explained with a simple, “Yes, Your Honor.” 

Buchanan then advised Zook of the consequences of pleading “guilty”. 

“One of the things that we didn’t go over before because we don’t do this at the arraignment, is consequences of a plea to a felony. They are both financial in nature and also can be impactful to your civil rights,” Buchanan explained as he listed the fees Zook could possibly face. 

“Now speaking to civil rights, a felony conviction deprives you of certain rights which is the right to vote or hold office or sit on a jury it could affect you if you were to obtain certain employment professional licenses. Felony convictions also will affect your right to own any firearms, ammunition or explosive devices,” Buchanan said.

Buchanan also noted without a conviction, Zook would clearly not face the consequences for the crime. 

“We don’t know what sentencing holds yet,” Buchanan said. “In addition to losing your right to possess a firearm under Wyoming law, you also lose that right under title 18 of federal law and would be prohibited from owning or possessing a firearm under federal law, unless your rights to own or possess a firearm had been restored under Wyoming law and that restoration process was deemed sufficient by the federal government.”

Zook acknowledged his rights and noted he was a United States citizen. 

Buchanan also explained to the defendant, upon a felony conviction, Zook would also be required to submit a DNA sample to the Department of Criminal Investigations to be stored in the database. Buchanan also explained, if Zook is on probation or parole from a prior offense, upon a felony conviction, his sentencing may be combined. 

Buchanan then gave both Boyer and Tangeman an opportunity to speak on behalf of the plea. 

“Thank you, Your Honor, on December 23, I emailed the court an outline of the plea agreement and I included Mr. Boyer on that. I am simply just citing it for the record here the email I sent on December 23. ‘Mr. Zook will enter a plea of guilty to involuntary manslaughter. The plea will be made pursuant to Wyoming Rule of Criminal Procedure 11-A-2 and 11-E-1-C. The A-2 plea would allow Mr. Zook to appeal if he wants to. The motion to dismiss to the Wyoming Supreme Court which the court denied and the E-1-C plea would allow him to withdraw his ‘guilty’ plea in the event the court rejected the plea agreement at the time of sentencing,” Tangeman said.

Tangeman then stated Zook was prepared to read his sworn statement to law enforcement taken on the day of the incident noting Zook does not object to the portion of the affidavit of probable cause. 

“In addition, Your Honor, as a factual basis, Mr. Zook will, if the court wants him to, read his entire written statement. I’ve narrowed it down to, I think, what would be the relevant portions, but his written statement to law enforcement. In addition, Mr. Zook does not object to that portion of the affidavit of probable cause that alleges that he was trying to evaluate his firearm due to the misfire, the shotgun discharged striking Maurizio in the left side of his abdominal area,” Tangeman said. “It is also our understanding, the plea agreement that the State of Wyoming will not only provide its statutory consent to first offender treatment but will also recommend first offender treatment.” 

Tangeman also mentioned the state would be unable to seek wrongful death restitution, but Tangeman noted there may be some restitution not accounted for. Tangeman also explained the state was seeking a restitution of $3,420 as of the Thursday hearing. 

“Your Honor, I don’t know why I necessarily put this in the email but obviously, pursuant to the first offender under 7-13-301 there can be a fine or jail imposed along with court costs and contributions to the victims’ compensation fund as the court has already outlined during the advisement of rights. I think the Wyoming legislature has changed the 301-statute maximum someone can be sentenced is now 36 months, supervised,” Tangeman explained. “Then if Mr. Zook successfully completes the terms and conditions of his probation the charges will be dismissed. That’s what I have advised my client and his family as to what the plea agreement is and he is prepared to enter his plea pursuant to those terms and conditions.”

Buchanan discussed the motion to dismiss which Tangeman filed on behalf of his client in October.

“What I am looking at is, [that] the motion to dismiss was more technical not whether or not it was sufficient so much but technically whether or really it was an appropriate motion at the time based on my order which said this is a question for the jury,” Buchanan explained. 

As a discussion between Buchanan and Tangeman concluded, Boyer was then given the opportunity to speak. Boyer and Tangeman could not agree on terms and Buchanan called a short recess for the two attorneys to come to terms.

After a short break, Zook and his counsel returned to the courtroom where Zook entered a “guilty” plea to the one charge of involuntary manslaughter in the death of Dadin.

Sentencing will be conducted after the presentencing investigation on Wednesday, April 9 at 9:30 a.m. 

On January 20, 2024, around 2:30 p.m., Zook, Dadin and an additional hunting partner had been duck hunting on the North Platte River near the junction of Wyoming State Highway 156 and County Road 37, outside of Torrington, when the 20-gauge shotgun Zook had been using misfired. Court documents explain Zook was sitting between Dadin and the other hunter when he fired his gun at a duck. The gun misfired, Zook leaned it against a fallen tree and borrowed the other hunter’s shotgun, the affidavit explained. After shooting at the duck and missing, Zook then went to examine his gun and the gun discharged striking Dadin. 

Despite life-saving efforts, Dadin was pronounced dead.