Man calls gun death accident; judge calls him reckless, gives 8-year prison term

Brian Mason said his friend Michelle Elliott wanted a gun for her safety; as he tried to show her a gun he wasn’t legally allowed to have, it discharged, killing her
ajc.com

Brian Mason, who fatally shot a lifelong friend while showing her a gun he said was for her protection, was sentenced Monday to eight years in prison.

Mason, 58 and a former Miami County resident, was found guilty by a county jury in the March 26 death of Michelle Elliott, 57, at her North Montgomery County Line Road home in Union Twp.

Mason did not report the shooting for almost 24 hours, saying he was upset and confused and drove around for hours before stopping at the Miamisburg Police Department. His report of the shooting and leaving the body at the house without calling for help was captured on a Miamisburg police officer’s body camera.

The jury found Mason guilty of felony reckless homicide with a firearms specification and a having a weapon while under a disability (imposed by a previous conviction for a drug-related offense).

A theme during Monday’s sentencing was that Mason should not have had a weapon at all. Mason said Elliott had asked him to help obtain a gun for better protection following an ended relationship.

Brian Mason

Credit: Miami County Jail

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Credit: Miami County Jail

Mason testified he brought the weapon to her home March 26 and was in the process of explaining how to use 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, the gun discharged, striking Elliott in the chest.

Mason told Common Pleas Judge Jeannine Pratt the shooting was a tragic accident.

“An innocent woman lost her life because of you,” Pratt told him. “This is a case of lawlessness, recklessness by you and total disregard for life.” There also was evidence in the pre-sentence investigation that Mason had been in possession of other weapons, and had recently pawned them, she said.

Elliott’s parents said they were saddened by her death, with her mother saying she couldn’t understand how Mason could leave a friend alone without calling for help.

Pratt sentenced Mason to three years in prison for reckless homicide, three years for the firearm specification and two years for having a weapon while under disability. The sentences will be served consecutively.

Mason will be given credit for 148 days served in jail.

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