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Fatal Stray Bullet Came From Police Officer's Gun

Neighbor Turns Himself In, Will Be Charged

POSTED: 4:46 pm EDT March 19, 2009
UPDATED: 8:40 am EDT March 20, 2009

The neighbor of a man killed by a stray bullet in his home has turned himself in to police and will be charged in the man's death, the Morgan County prosecutor said.

Investigators call the death of Jason Breisch, 35, on March 9 an accident, but John Graf will be charged with reckless homicide and criminal recklessness, said Prosecutor Steve Sonnega.

According to the probable cause affidavit, Graf told police he was testing a handgun he was fixing and fired 14 rounds directly into the ground behind his house, about 300 yards from Breisch's rural Morgan County home.

Police said Graf, who is a certified gunsmith, has a legal, private shooting range on his property, but that he wasn't using it to test fire the gun. Graf couldn’t explain several fresh gunshot marks on some nearby trees, investigators said.

6News' Ben Morriston reported Thursday that the gun that Graf was testing belonged to a Plainfield police officer.

Breisch was asleep when a bullet pierced the side of his home and hit him in the chest, police said. His wife called 911 after her husband complained of chest pain, but neither realized that he had been shot. Breisch died on the way to a nearby hospital.

The shooting has left some neighbors on edge.

"I always thought there was no danger, until he got shot," said neighbor Sam Baker.

Graf was released on Thursday after posting bond. The judge ordered him not to shoot any firearms in Morgan County.

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