GOSHEN COUNTY – According to courthouse records, Gaige Zook, a 20-year-old Pinedale, Wyoming resident who has been charged with one count involuntary manslaughter in the death of a 19-year-old Minnesota resident, Maurizio Jusiniano Dadin, and his attorney Clay Kainer, filed a motion to dismiss all charges. 

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. 

“Given the totality of the evidence above I believe Gaige Zook failed to properly and safely clear his weapon of malfunctions and by having it pointed in an unsafe direction when it discharged directly led to and caused the death of Mauizio Justiano [Dadin] on January 20th, 2024,” Goshen County Sheriff’s Deputy Jason E. Lamb swore in the affidavit of probable cause. 

A warrant was issued for Zook’s arrest on April 8 and Zook entered a “not guilty” plea on June 18. Zook was released on a bond of 10% of $25,000 by the District Court of Goshen County Judge Nathaniel Hibben and the trail had been set to begin in October. In August, a motion to vacate and continue the trail was granted, delaying the trial until January 2025.

“In light of counsel’s trial schedule and previously planned vacation, there is insufficient time to prepare for trial in this serious criminal matter and in fact counsel will be absent from the country for the first day of the trial,” the motion read.

On October 16, a motion and memorandum to dismiss was filed by Zook, seeking dismissal of the involuntary manslaughter charge against him and a hearing was held on November 12.

According to the legal analysis, citing Wyoming State Statues, the crime of involuntary manslaughter provides “a person is guilty of manslaughter if he unlawfully kills any human being without malice, expressed or implied…involuntarily, but recklessly…” and “recklessly” is defined when a person “consciously disregards a substantial and unjustifiable risk that they harm he is accused of causing will occur and harm results.”

The legal analysis continued to list cases and additional court proceedings showing and defining “recklessness”.

‘”The term ‘reckless disregard of the safety of others’ of course implies a much greater dereliction in hazarding the safety of other than ordinary negligence,’” the document stated citing State V. Park.

In the parties’ argument Zook requested all charges against him be dismissed. 

“Mr. Zook asserts that the charge against him must be dismissed because the allegations are insufficient, as a matter of law, to satisfy the ‘recklessly’ element of the crime,” the ruling explained. “Mr. Zook does not argue that he acted negligently, nor does he argue that he was ‘unaware but ought to have been aware of substantial risk the result would happen.”

“Rather, Mr. Zook argues that the facts do not demonstrate that he consciously disregarded a substantial and unjustifiable risk of the harm that he is accused of causing. He argues that his statements to law enforcement, and other available evidence, demonstrate that he acted reasonably at all times,” the document reads.

According to the document, the state contends all evidence including statements from Zook and other eyewitnesses, video recreation of Zook’s version of events, the full law enforcement investigation, autopsy and other evidence will prove “beyond a reasonable doubt” that Zook recklessly pointed a weapon at Dadin. 

“The crux of the argument seems to be whether there is evidence that Mr. Zook caused the loaded firearm to be pointed at Mr. Dadin. Mr. Zook argues that there is no evidence to show that he intentionally or consciously pointed his gun at Mr. Dadin,” the document explained. “He argues, for example, that the gun could have slipped or fallen or that Mr. Dadin may have moved into the line of fire. The state argues that there is evidence by which a jury could conclude the contrary.”

In conclusion, Zook’s motion to dismiss was denied and court will proceed as scheduled on January 6 with a jury trial.