Authorities arrived at 1900 Lakeside Drive on Friday afternoon to find Brandon Bartlett and his girlfriend in a marsh behind the residence, performing CPR on a man Bartlett shot in the chest.
The man, 68-year-old David Ware Jr, was pronounced dead at 6:46 p.m. from a gunshot wound to the chest.
Bartlett, 21, is now facing second-degree murder, a charge that carries up to 40 years in prison.
He told investigators a noise caught his attention Friday afternoon while he was unloading his hunting items from his truck at his home.
The 2011 Grafton High School graduate had gone on a duck hunt the night before and was unloading his gear when he saw “white” in the marsh, court documents show.
Thinking he had seen two deer fighting, Bartlett ran inside, grabbing his deer shotgun and telling his girlfriend what he saw.
He then exited the house, loaded shotgun in hand, and fired into the marsh, court documents indicate.
After firing, he and his girlfriend, who had exited the house shortly after Bartlett had grabbed his gun, walked into the thick weeds of the marsh and discovered Ware, whose property is adjacent to Bartlett’s on Colonna Point, suffering from a gunshot wound to his chest.
Bartlett dialed 911, telling emergency operators he had shot a man behind his house, and that the man, who was not wearing any orange, was in the marsh “making all sorts of noise.”
An investigation revealed Ware had been out hunting a fox that had been killing chickens on his property, authorities said.
Neighbors interviewed in the aftermath of the incident told investigators they only heard one gunshot, although Bartlett initially told deputies he had heard a gunshot coming from the marsh while unloading his truck.
A criminal complaint against Bartlett indicates Bartlett first told authorities he had yelled “hello, hello” at the marsh after hearing the gunshot in an attempt to get a response from the subject.
Hearing none and seeing “a lot of movement in the marsh,” Bartlett reached into his truck, pulled out his gun and shot into the marsh “out of reaction,” the complaint states.
Bartlett later admitted in an interview with investigators he had falsely spoken and explained what authorities say is the true version, in which Bartlett thought he was shooting a deer, the complaint indicates.
Bartlett’s girlfriend was also interviewed at the Sheriff’s Office and confirmed Bartlett’s version of the story.
Had Bartlett actually been shooting a deer, he would have been within his rights, York-Poquoson Sheriff J.D. “Danny” Diggs said. Likewise, Ware was within his rights for hunting a fox in the area.
In York County, deer hunting season begins Nov. 15 and ends Jan. 5. County code states discharging firearms during a controlled deer hunt is legal, and Diggs said discharging a rifle greater than .22-caliber in a rural residential neighborhood such as Lakeside Drive for hunting purposes was acceptable.
Diggs classified the Lakeside Drive area as “not quite rural” but “not really suburban.”
The code states law enforcement officers, animal and game wardens in the line of duty and military personnel in the line of duty are also permitted to fire guns of more than .22-caliber in the county. Discharges at legal firing ranges, discharges in the lawful defense of property or persons or to kill a dangerous or destructive animal are also permitted.
Bartlett’s property sits on nearly 3.5 acres of land that is wooded and surrounded by marshes, which Diggs said is appropriate to shoot at a target when in a controlled setting.
“The push with this case is, the shooter was reckless in that he had no idea where he was shooting,” Diggs said.
Reckless handling of a firearm is categorized as a class 1 misdemeanor in the state code and includes language for the reckless firing of a firearm while hunting.
York-Poquoson Commonwealth’s Attorney Benjamin Hahn spoke with investigators in the aftermath of the incident and recommended imposing a charge of second-degree murder.
Hahn said in an email Monday every unlawful homicide is “presumed to be second-degree murder, but there is never an assumption that the killing was willful, deliberate and premeditated.”
He said Bartlett must prove in court his actions reflect manslaughter — either voluntary or involuntary— or self-defense and are devoid of malice in order for a judge or jury reduce the offense from second-degree murder.
Diggs said he does not recall such an incident ever occurring in York County, but does not anticipate extraordinary measures being taken in the future to prevent this from happening.
“We don’t need any more laws on this,” Diggs said, calling himself a “big Second Amendment guy.”
The sheriff issued a statement on the YPSO Facebook page in the hours after the shooting, saying Ware’s death was “completely avoidable.”
Bartlett, who is currently being held at Virginia Peninsula Regional Jail without bond, is scheduled for an appearance in York-Poquoson General District Court at 8:45 a.m. Dec. 29.
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