Schmucker Allegedly Killed in Hunting Accident

COURT HOUSE – In an April 13 appearance before Superior Court Judge Raymond Batten, Paul Olexa, 24, of Villas, entered a plea of guilty to an accusation of manslaughter in the death of Samuel Schmucker, 25, of Middle Township. According to Olexa, Schmucker’s death was the result of a hunting accident.
According to testimony provided to the court by Olexa, Schmucker was killed in the early morning hours of Jan. 6, 2011 when a 12-gauge shotgun Olexa was carrying went off accidentally, striking Schmucker.
“Your Honor, my client is prepared to enter a plea…charging him with reckless manslaughter, a crime in the second degree,” said defense attorney John Zarych. “In exchange for that plea the state is to recommend to dismiss or not charge any related offenses in this case and also recommend a sentence of five years in NJ State Prison.”
Batten read the one-page accusation aloud to the court. “…It charges you with a single criminal offense. It alleges that on or about Jan. 6, 2011 in the Township of Lower, County of Cape May, you did commit the second degree offense of manslaughter recklessly, in violation of state law, causing the death of Samuel Schmucker.”
When asked if he understood the accusation being charge him, he told the court, “Yes, sir.”
Olexa, with the help of his attorney, told the court the events that led to Schmucker’s demise.
“Paul, on Jan. 6, you were in the woods in Lower Township with your friend, Mr. Schmucker? And you had both taken a shotgun into the woods?” asked Zarych.
“Yes, sir,” responded Olexa.
“And you did that for the purpose of deer hunting?
“Yes, sir,” responded Olexa.
Through his attorney’s questioning, Olexa told the court he and Schmucker had been childhood friends who had gone into the woods many times to deer hunt.
“You were both very tired at the time. It was 3 a.m. in the morning. Correct?”
“Yes sir,” said Olexa.
“And you were too tired, really, to safely take a gun into the woods. Is that correct?”
”Yes, sir” said the defendant.
”And you understand that it is inherently dangerous and reckless to be in the woods with a gun at 3 a.m. in the morning, tired, no lights, no anything at night?” queried Zarych.
“Yes, sir,” said Olexa.
“And in the course of that, you had the gun in your hand, the shotgun? And you were horsing around? And you had the shotgun pointed straight at his chest?” asked the attorney.
“No sir,” said Olexa. “Not straight at him.”
“You had it pointed in his direction, correct? You were horsing around and you knew pointing a gun in his direction, you didn’t aim it at him, but pointing it at him deep in the woods, when you were tired and with a gun loaded and your finger was on the trigger, correct?” the attorney asked his client.
”Yes, sir,” said Olexa.
“And you knew that was a reckless thing to do?” asked Zarych.
“Yes, I did,” said Olexa.
”And the worst thing happened that you can imagine. Is that correct?” Zarych asked his client. “You stumbled, and of course in stumbling you pulled the trigger and the shotgun went off and it hit him in the chest?”
“Yes, sir,” said Olexa.
“And you killed him?” asked Zarych.
“Yes, sir,” responded Olexa.
After listening to testimony Batten stated he found the facts adequate in accepting a plea of guilt to the single count of the accusation.
The judge ordered a pre-sentence investigation with a sentencing date of May 18 at 9 a.m.
Olexa is being housed in the Cape May County Correctional Facility.