816 North

Fatal mixture of tequila, pot and a loaded gun at Riverside Super Bowl party

Guest died after being hit by bullet, apparently fired by accident. A Riverside man in jail.

Updated: 2013-02-05T19:15:00Z

By MATT CAMPBELL

The Kansas City Star

A Super Bowl party fueled by tequila and marijuana ended with an apparently accidental gunshot to the back of one reveler’s head.

The Platte County prosecutor’s office filed charges Monday against 34-year-old Joshua W. Bailey, who was the host of the party at his apartment in the 4800 block of Northwest Homestead Road in Riverside.

Joshua Anderson, 22, of Riverside, was killed.

According to court documents, Bailey called 911 at 8:28 p.m. Sunday to report that he had accidentally shot his friend. Bailey said he did not know there was a bullet in the chamber.

“I’m going to jail,” Bailey told the dispatcher.

When police arrived, they found Bailey in the yard and Anderson inside on the floor, in a pool of blood, gasping for air. He was taken to a hospital, where he died about two hours later.

Bailey allegedly told police he had had four or five shots of tequila and smoked marijuana before taking a Jimenez 9 mm semi-automatic handgun out of a shoe box to show to his guests. Bailey allegedly said he emptied the gun and then put a magazine of ammunition in it and hit the slide release to make the slide go forward.

“This action chambered a round,” according to a police statement filed in court. “Bailey did not think there was a round in the chamber.”

According to police, Bailey then got up from the couch and pulled the trigger. The bullet struck Anderson in the back of the head. Bailey told police he had not aimed at his friend but the gun must have been pointed in that direction.

Police think the shooting was accidental. However, Bailey is a convicted felon who is not allowed to possess a firearm. He was charged with that in addition to unlawfully discharging a firearm while intoxicated, involuntary manslaughter and armed criminal action.

If convicted, he could face up to 21 years in prison. A cash bond was set at $500,000. Bailey was in the Platte County Jail on Monday.

In a written statement, county Prosecutor Eric Zahnd said the incident had nothing to do with gun rights or gun control.

“But virtually everyone agrees that only law-abiding citizens should safely and responsibly possess firearms,” Zahnd said.

To reach Matt Campbell, call 816-234-4902 or send email to mcampbell@kcstar.com.

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