March 29, 2011 2:31 pm Published by

As St. Patrick’s day came to a close, David Andrew Armstrong, a marketing executive, and Brian Russell Kaplon, an executive at NBC Universal, went into Armstrong’s garage, were he kept a collection of guns. Just After midnight on March 18, Kaplon suffered a fatal gunshot wound from one of Armstrong’s military-style rifles. Kaplon and Armstrong were the only ones in the room during the incident. The Los Angeles Police Department first labeled the shooting an accident, but on Thursday Armstrong was arrested and charged with one count of murder.

“Both of the men were in the garage with a rifle when one man shot and killed the other man. There are no other witnesses,” LAPD Deputy Chief Kirk Albanese said. “The other man made a statement that was taken into consideration before it was determined to be a homicide.” The LA county district attorney’s office alleged in court documents that Armstrong “personally and intentionally discharged a firearm, a rifle, which caused great bodily injury and death to Brian Kaplon.” If convicted, he faces up to 25 years to life in prison.

“There will be no motive shown. There was absolutely no animosity or argument before this accidental shooting,” Armstrong’s attorney, James Blatt said. “There was no intent ever to harm his best friend. This was an accident based on two friends who were drinking and not following the proper safety precautions in the handling of a rifle.”

According to an anonymous source, there was a gathering at Armstrong’s home, but Kaplon went there to get a haircut and did not attend any party. The source also said that the men’s wives were close friends but that Kaplon and Armstrong were just acquaintances.

Blatt said the two families were extremely close.

“Mr. Armstrong, his wife and his entire family are devastated by the terrible loss of his best friend and are hopeful that the truth will come out in the near future that this was a tragic accident,” he added. “They were best friends since fifth grade. They were like brothers. Wives were very close. Each family was an integral part of the other family’s life.”

An accusation of murder is one of the most serious charges a person can face. In California, for intentional homicide you will be facing either a first or second degree murder charge. First degree murder is when an intentional death results due to malice aforethought, premeditation, on the part of the killer. Second degree murder is a homicide that is intentional, without malice or premeditation, and takes place in the heat of passion, such as in a domestic violence situation. Both 1st and 2nd degree murders are felony offenses in the state of California and will be punished severely.

Your constitutional rights are very important to us! We will fight to obtain the best outcome for your unique case. Contact a lawyer at the Hedding law firm today for a free consultation regarding your murder case.

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