The Mississippi Supreme Court decided this week to allow Zachary Stringer to present new evidence regarding the shooting death of his younger brother.
The 21-year-old Columbia resident says in court documents that his manslaughter conviction should be overturned because manufacturing defects in the rifle that fired the shot that killed Justin Stringer can cause it to go off without pulling the trigger.
Remington has recalled that type of bolt-action rifle, a Model 700 with an X-Mark Pro trigger, to replace the trigger mechanisms, but the one used in the Stringer shooting remains in the custody of the Marion County Circuit Court. The state Supreme Court has ordered it not to be removed for testing pending further order.
A three-judge panel of the Supreme Court on Wednesday granted Zachary Stringer’s motion to proceed in the trial court. It set a Nov. 20 deadline to file a motion to vacate his judgment and sentence in Marion County Circuit Court.
The boys’ father, Roger Stringer, said Thursday their backs have been against the wall from the beginning of the appeals process, but he said they’ve now come a long way.
“I haven’t taken no for an answer. There will be a way provided to get right done. We are at this point now. We’re not home yet. Zach is still a convicted felon at this point. My goal is to have him exonerated,” Roger Stringer said. “And beyond that my goal is to do all I can to see to it that other families don’t have to live through what we have.”
Justin Stringer, 11, was fatally shot on June 11, 2011, at his home. The murder trial against Zachary Stringer, who was 15 at the time of the shooting, was moved to Jackson County. He was convicted in 2013 of the lesser offense of manslaughter and sentenced to 20 years with 10 to serve. He is currently out on probation.
The state Supreme Court upheld the conviction in 2014, saying Zachary Stringer, although professing it was an accident, had at one time admitted loading the rifle and threatening to shoot Justin Stringer if he continued to pester him. The court said the rifle had a “hard” trigger and did not discharge accidentally or appear to be faulty when tested by the state Crime Lab.
But in a sworn statement given earlier this year, Zachary Stringer says he was getting up from the couch with the rifle in his hands when he heard a “click” and the rifle fired. He initially told police and his parents that Justin Stringer had accidentally shot himself and tried to stage the scene with Justin Stringer’s own shotgun.
“I first lied about this to the detectives and to my parents because I was afraid that my parents would be so mad at me and would not love me. I loved my little brother, and I never would have hurt him. I knew all about gun safety, and I knew that I did not have my finger on the trigger of the rifle when it fired,” Zachary Stringer said in the affidavit.
Hattiesburg attorney Thomas Fortner filed the appeal with the state Supreme Court in March. It says evidence about the trigger defects was not discovered until after the trial.
Remington’s recall notice in 2014 said that some of the rifles “could, under certain circumstances, unintentionally discharge” because of excess bonding agent used when making the guns. The excess sealant can cause a blocker screw to stick to the trigger, potentially causing the weapon to fire.
Richard Barber, a Montana man whose 9-year-old son died after a Remington rifle fired unexpectedly during a hunting trip, has taken up the case and has filed an affidavit that is part of the appeal. The court record also references accidental shootings from throughout the country involving the same kind of rifle.
Roger Stringer, who appeared on “60 Minutes” to discuss the triggers, said many people have contacted him with similar stories. He said he fears for children being around those rifles at deer camps.
“We need to get the word out because there’s still millions of those guns out there,” he said. “There will be more deaths. There will be more families destroyed.”
The attorney general’s office filed its response last week, and it cites a report that says the flaw that can cause the rifle to fire unexpectedly only happens in temperatures below 35 degrees Fahrenheit.
“This new evidence leads to speculation that Stringer’s gun might have misfired; however, the evidence that was produced at his trial shows that it did not,” the AG’s office said.
The AG’s office also says the definition of manslaughter – essentially killing someone else because of negligence – fits what Stringer did.
“Stringer pointed a loaded gun at his brother. And although he claimed that the firing of the gun was accidental, this act alone supported his conviction for manslaughter,” the AG’s office said.
If Zachary Stringer’s sentence is vacated, he could potentially be tried again on a murder charge. Roger Stringer said he does not worry about the outcome of a potential retrial.
“I welcome it. I have never once tried to do anything other than find the truth,” he said.
