When Eli Ruble pointed a black-powder muzzleloader rifle at his friend, he meant only to frighten people at a small gathering just off the Appalachian State University campus, police said.
Ruble, 20, thought he was setting off a percussion cap that would make a pop, said Capt. Jim Wilson. But the gun was loaded.
The bullet hit ASU sophomore Jay Franklin Derby in the face, just below his nose, killing him, police said.
"Just the utmost regret -- he was my best friend," Ruble said, head bowed, as a police officer escorted him to the Watauga County magistrate's office yesterday.
Galen Elijah "Eli" Ruble was charged with a felony count of involuntary manslaughter.
The shooting happened at a gathering of about seven friends that started Saturday night and continued into Sunday at Ruble's apartment at 148 Faculty St. Police and emergency medical responders got there about 12:30 a.m. Sunday.
Derby, 20, was dead. Police soon knew who had pulled the trigger, they said.
Wilson said yesterday that there was no argument or anger involved in the shooting, but that authorities were considering whether the weapon discharged accidentally or if negligence was involved.
The 50-caliber primitive hunting-style rifle belonged to Ruble, police said.
It would be prepared for firing by ramming black powder and a projectile down the barrel. Typically, a shooter inserts a percussion cap at the rear of the barrel shortly before pulling the trigger, which drops a hammer on the percussion cap, setting off a small explosive primer that ignites the main powder charge.
Police said that Ruble didn't realize the gun was loaded, and thought the percussion cap would only make a noise and scare his friends.
Police consulted with the district attorney's office, and authorities decided that Ruble had been negligent in the shooting death.
Police said Ruble told them he had been drinking. His blood-alcohol level wasn't tested.
"Firearms are not toys and are not to be pointed at something you don't intend to destroy," Wilson said. "Alcohol and gunpowder don't mix. It's a deadly combination."
School records show Ruble was a student at ASU from the fall of 2007 to the fall of 2008.
Derby was a 2007 graduate of Butler High School. He was a sophomore business-education major at ASU.
His father, Mike Derby, said that when he last talked to his son they'd been making plans for him to come home for Thanksgiving.
Ruble was being held yesterday in the Watauga County jail under a $10,000 bond. He has a court date of Dec. 15.
mmitchell@wsjournal.com
336-667-5691
The Associated Press contributed to this report.
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