BOISE -- Gregory Shain, charged with involuntary manslaughter for shooting and killing Gary Arlen Jr. back in March, was back in court Thursday.
It was a preliminary hearing to determine if a crime was committed, and if Shain should be bound over for trial.
All sides agree on March 19th, 22-year-old Gregory Shain was hanging out with 23-year-old Gary Arlen Junior in his basement looking at Arlen's guns.
Detectives say there was drinking, and according to the Coroner's report, Arlen had been using drugs.
The prosecution says that Shain recklessly put a loaded gun in Arlen's mouth, and pulled the trigger.
He knew the weapon was reloaded at some time by the decedent, said Ada County Deputy Prosecuting Attorney Whitney Faulkner. The fact that he pointed that gun in the decedent's direction, the fact that he pointed that gun in the decedent's face, the fact that he fired that weapon into the decedent's mouth is incredibly reckless.
The defense claims the two would regularly dry-fire the guns at each other (pull the trigger without ammo) and had done it that night.
Shain's attorney says Shain didn't know a handgun was reloaded by Arlen, when he pointed it at Arlen. He claims Arlen put his mouth around the barrel, and told Shain to, Do it.
Mr. Arlen loaded the weapon that Mr. Shain himself had unloaded and made safe, and deliberately chose not to tell Mr. Shain that he had loaded the weapon, said Mark Manweiler.
Judge Roy Holloway agreed with the prosecution, that there was enough evidence to bind Shain over for trial.
After that, the defense made a motion to remove Shain's GPS monitor for economic reasons. Then, Gary Arlen Junior's mother talked about why she thinks that monitor should stay, and the moment when Shain came out of the basement to tell her, her son had been shot.
I said, 'Greg, you killed my baby, I knew it,' said Barb Arlen. I'm afraid that he's going to come do to me, what he did to my son.
The judge ordered that GPS monitor to stay, and also issued a no-contact order to Shain for Arlen's sister. He already had a no-contact order in place for Arlen's parents.
Shain did not have any comment at this time.
His next court appearance is scheduled for June 29th, where he will enter a plea of guilty or not guilty.
Shain's charge of involuntary manslaughter has a weapon enhancement with it. If found guilty, he faces up to 25 years in prison.