Brian Mason, 58, was charged in the death of Michelle Elliott, 57, at her North Montgomery County Line Road home in Union Twp. She was shot in the chest with a .40-caliber semi-automatic pistol that Mason said he was showing her how to use for personal safety.
Credit: Miami County Jail
Credit: Miami County Jail
He was indicted on felony charges of reckless homicide and having a weapon while under a disability following a prior felony conviction in 2012 for attempted cultivation of marijuana. The reckless homicide charge also included a firearm specification, which carries a mandatory three-year sentence.
Judge Jeannine Pratt said a sentencing date will be scheduled.
Mason reported the shooting the following day, telling a Miamisburg police officer that he wanted to turn himself in. Miami County law enforcement went to Elliott’s home where they found her body on the floor covered by a blanket.
Mason testified Thursday as the only defense witness.
He said he and Elliott had known each other since grade school, living about two miles apart and riding the same bus to Milton-Union schools. They remained friends following their graduation. He said he talked with Elliott a few days before the shooting about her concerns about safety following a brief relationship with a man.
Mason said he brought the weapon to her home March 26 and was in the process of explaining it when he noticed he had neglected to pull the magazine out and a round was in the chamber. He said he was having difficulty releasing the magazine and, as he attempted to look for what was wrong, he heard a bang.
“I’ve never been so scared in my life,” Mason said, describing his reaction after the gun fired and Elliott collapsed.
He left her home within five minutes and drove for hours, stopping for milk at a convenience store and by a music shop. He said he finally went to the Miamisburg Police Department the following evening after, “I eventually manned up … I needed to take responsibility for my actions.”
In closing arguments Thursday, Paul Watkins, first assistant county prosecutor, asked, “Why are we here? Because this man fired a gun and killed Michelle with a gun he should have never even possessed.”
Public defender Joe Fulker said Mason was not reckless in his actions, saying he loved his friend.
“It was a clumsy mistake with a tragic consequence,” he said. Mason wanted to help his friend and will be remorseful for the remainder of his life, Fulker said.
Contact this contributing writer at nancykburr@aol.com
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