Roy man charged with manslaughter in death while practicing drawing handguns from holsters

ROY — A Roy man has been charged with manslaughter in the shooting death of another person while the two were practicing drawing handguns from holsters.

Benjamin Garrett Davis, 24, is charged with manslaughter, a second-degree felony; reckless endangerment, a class A misdemeanor; and committing a violent offense in the presence of a child, a class B misdemeanor in the incident last Sunday.

Roy police were called to Davis' apartment on Sunday after receiving a report a male had been shot in the head. On arriving, they found Davis kneeling over the other person's body repeatedly saying "the shooting was his fault," according to charging papers filed Tuesday. Security video footage in Davis' apartment shows the incident.

"Both individuals are seen drawing handguns from holsters and pointing the firearms toward one another. During one of the drills, Davis draws his handgun, points it toward (the other male), and pulls the trigger. The firearm discharges and (the other male) is immediately struck in the head and collapses to the floor," charging papers read. Davis later told authorities he and the victim were practicing firearm-draw drills but that he thought his gun was not loaded.

A 2-year-old was in the apartment when the incident occurred and visible in the video authorities retrieved, leading to the charge for committing an offense in the presence of a child. "The child is seen walking within several feet of Davis and (the other person) while the firearms were being drawn and manipulated," charging papers read.

According to the police booking affidavit in the case, video taken from the apartment shows Davis after the shooting. "Benjamin is seen with a panicked expression, and he drops the gun," the affidavit reads.

The apartment complex where the incident occurred is at 4608 S. 1900 West. Davis is being held without bail in the Weber County Jail.

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