Quechee, Vermont - March 14, 2007
23-year-old Thomas Day held back tears during his arraignment on the second degree murder charge. Police say he shot his friend 18-year-old Cory Manley in the chest at point blank range.
The shooting took place at Day's house in Quechee Tuesday night. According to the police affidavit, Day was showing off with his mom's 38-caliber revolver after having a couple drinks. The affidavit states that Day held the gun to his own head and pulled the trigger several times before pointing it at Manley. But State's Attorney Robert Sand says that the victim wanted no part of the Russian roulette-style game.
"There is no evidence at all that the deceased was voluntarily participating in any dangerous activity," Sand said.
The victim's brother, Aaron Manley, witnessed the shooting and called 9-1-1.
Police located the weapon at the house and took Day into custody. Police say that Day admitted to shooting his friend.
Friends and family of Day were in court for the arraignment but declined to speak on camera. One friend did say that the tragedy took two of his friends. A neighbor says that there is often a lot of activity at the house on weekends, and that Day had caused trouble with other neighbors in the past.
"There was one occasion where he was high on alcohol I think. And kind of alarmed our neighbor over here with the semi-red roof, but that was one instance where he was being what you might call a nuisance," David Johnston said.
Day has several prior misdemeanors on his record including disorderly conduct and possession of marijuana. He is being held on $150,000 cash bail.
Adam Sullivan - Channel 3 News