Jacksonville man arrested in fatal shooting

Update: 5:51 p.m.:

A friendly game with a handgun ended late Wednesday night with a 19 year old dead and a Camp Lejeune Marine charged with murder.

Pvt. Michael Everett Smith, 21, of Bridgewater Court, was charged by the Jacksonville Police Department with an open count of murder in the death of Bryan Thorkelson, who died at Onslow Memorial Hospital of a gunshot wound to the head, according to warrants and police statements.

Thorkelson, Smith and others were playing a game called "trust me," in which the players took turns pointing a loaded semi-automatic handgun at each other, authorities said.

Thorkelson's death was ruled an accident by Dr. John Almeida, an Onslow County medical examiner.

District Attoreny Dewey Hudson said that someone does not have to intend to kill someone else to be charged with murder.

"A person driving drunk and barreling down the highway at 100 miles per hour doesn't have to intend to kill someone when they plow into them, but they would be charged with murder," said Hudson, the chief prosecutor for the 4th Prosecutorial District, which includes Onslow County.

North Carolina law states that a person does not have to intend the consequences of their actions to be accountable for them. N.C. General Statute 14-17 states that the "commission of an inherently dangerous act in a reckless and wanton manner" constitutes a required element of malice needed to charge an individual with murder.

Smith and Thorkelson were in the kitchen area of their Bridgewater Court home with friends when Thorkelson began showing several people a handgun around 8 p.m., said JPD Capt. David Teeter.

"The weapon was held by various individuals and, eventually, by Smith," Teeter said. "Smith pointed the weapon at Thorkelson. The weapon discharged and the bullet struck Thorkelson."

JPD officers responding to the call began life-saving measures until Emergency Medical Services arrived and transported Thorkelson to OMH. He eventually died from the wound.

Tiffany Swedberg, a neighbor of Smith's, said her roommate woke her up when police arrived at Smith's home Wednesday night. She said there had been strife in the neighborhood since Smith moved in last year.

The police responded to a disturbance at the Smith house in April, but no arrests were made, Teeter said.

Swedberg said some of her friends had trouble with the Smith household earlier this year over racial remarks and rebel flags in Smith's yard. There were two Confederate flags on the Smith property visible from the street Thursday morning - one on the grass in the front yard and one hanging inside the garage.

Swedberg said the shooting was "not shocking with all the crap going on around here."

Originally from Erie, Ohio, Smith joined the Marine Corps in June 2006. He was busted from lance corporal to the rank of private in February, said 2nd Marine Division spokesman Maj. Cliff Gilmore, who would not comment on why Smith was reduced in rank.

Smith is an automotive organizational mechanic with Headquarters Battalion, 2nd Marine Division aboard Camp Lejeune. The Marine Corps is cooperating with civilian authorities, Gilmore said.

Smith is being held in the Onslow County Jail without bond.

Contact Lindell Kay at 910-219-8456. Read his blog at http://onslowcrime.encblogs.com.