Magers gets 3 years in shooting
A Tiffin man was sentenced to three years in prison Monday in connection to a February 2013 shooting that resulted in the death of 24-year-old Thomas Nally of McCutchenville.
Damian B. Magers, 22, was sentenced by Seneca County Common Pleas Court Judge Michael Kelbley after he waived an indictment and proceeded on a bill of information charging him with reckless homicide, a third-degree felony, with a mandatory one-year term on a gun specification.
His previous indictment, which had included a three-year gun specification, was dismissed Monday, said Seneca County Prosecutor Derek DeVine.
“I was happy that he agreed to accept responsibility for his actions,” DeVine said. “And it’s good for Mr. Nally’s mom to actually hear him accept responsibility.”
Magers was arrested after the Feb. 1 shooting at 199 Fourth Ave., where he and Nally had been visiting.
According to court documents, Magers, who was intoxicated at the time, picked up a gun to look at it when it went off and shot Nally.
Nally died of a single gunshot wound to the head, according to a release from DeVine’s office.
“This is a tragic case obviously. Alcohol and firearms never mix well and in this case the mix was lethal,” Dean Henry, Magers’ attorney, said. “The young man who died was a good friend of my client’s, which made things all the more tragic.”
Magers, who has been incarcerated since his arrest, was credited with the 529 days he already has spent in jail, Henry said.
According to the release, the maximum sentence for third-degree felony reckless homicide is 36 months.
A civil lawsuit filed earlier this year in Seneca County Common Pleas Court on behalf of Angela Lands, Nally’s mother, is pending. The lawsuit seeks more than $25,000 from Magers and alleges intentional misconduct, willful and wanton misconduct, reckless conduct and negligence.