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Altoonan sentenced for boy’s death

11-year-old killed by child, 9, with rifle in man’s home

By Phil Ray, pray@altoonamirror.com
POSTED: June 23, 2009

HOLLIDAYSBURG - An Altoona man was sentenced Monday to four months in prison and two months on home detention after the 2007 death of an 11-year-old boy.

Richard C. Stoy, 42, of 201 Second St. entered a no contest plea before Blair County Judge Tim Sullivan to a charge of recklessly endangering another person.

As part of the agreement, a second charge of endangering the welfare of a child was dismissed.

A 9-year-old who lived in Stoy's home killed an 11-year-old visitor with a gun that was not secured in a locked cabinet. The incident occurred Nov. 9, 2007, when the two children were in a third floor living area allegedly playing video games, according to court records.

The 9-year-old picked up a .22-caliber, bolt-action Savage rifle that belonged to Stoy and fired one of five rounds in a clip, according to court records.

The bullet struck and killed 11-year-old Michael Lee of Mount Union, who was visiting the home occupied by Stoy, Sherri Ann McCoy, 46, and the 9-year-old.

Court records show that McCoy in March entered a guilty plea to reckless endangerment and was placed on probation for 12 months.

No member of the victim's family was in court for Stoy's sentencing.

Court papers state Stoy used the third floor of the home as his living area and that there were several unsecured guns there.

In a statement to police after the incident, however, Stoy said the third floor was off limits to the boys.

Police determined the door to the third floor was not locked.

The 9-year-old, police said, had been trained in the use of the rifle he fired at the 11-year-old.

According to the agreement approved by Sullivan, Stoy was fined $500 and ordered to serve a jail term of six to 23 months.

Four months of the sentence will be served in Blair County Prison and two months on electronic monitoring.

Blair County District Attorney Richard Consiglio said he does not object to work release or an early furlough, if recommended by the prison.

Stoy is to report to the county jail July 10.

Another Altoona couple has been charged with crimes similar to Stoy and McCoy stemming from an accidental shooting in which a 14-year-old boy killed an 11-year-old boy. The couple is awaiting court action, records state.

That shooting occurred Aug. 5, 2007.

Mirror Staff Writer Phil Ray is at 946-7468.

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