Naughton pleads guilty

Admits drinking before shooting

By FRITZ MAYER

MONTICELLO, NY — Standing erect in a gray suit, Joe Naughton pleaded guilty to criminal negligent homicide and criminal possession of a gun in relation to the shooting on April 13, 2008 that resulted in the death of Lori Schubeler. The plea was entered in the Sullivan County Court House on January 20.

As part of the plea agreement, Naughton, the owner of the Western Hotel in Callicoon, was required to allocute as to the details of the incident. Answering a series of questions posed by Judge Burton Ledina, Naughton said that in the early morning hours of that day, he was examining guns in the presence of Schubeler and a visitor to the hotel identified only as Mr. Harvey.

Naughton said that he had been drinking before the incident. While handling a .25 caliber semi-automatic hand-gun, Naughton opened the “action” and checked to see that there was no bullet in the chamber, which was the proper thing to do. He added, however, that he did not remove the magazine from the gun, which was not the proper thing to do, and that leaving the magazine in place resulted in a bullet being loaded into position to be fired. Naugton said that the alcohol he had consumed prevented him from recognizing this error.

When the gun was fired, the bullet stuck Schubeler in the chest and resulted almost immediately in her death because it struck her aorta.

In exchange for the plea, Naughton gave up the right to appeal the court’s decision, and several other rights, including the right to question the methods by which the police gathered evidence.

The plea agreement called for a five-year term of probation, leaving open the option for Naughton’s lawyer Jacqueline Ricciani to argue for straight probation, meaning that Naughton would serve no jail time. It also leaves open the option for district attorney Stephen Lungen to argue that the first six months of the probation be served in Sullivan County Jail.

The sentencing was scheduled for March 17 at 12:30 p.m.

The courtroom was filled with about 30 spectators, some of whom had come to show support for Naughton, and others who came to show support for the memory of Schubeler.

At the time of her death, Schubeler, 41, was living with Jim Heisel. Heisel said that he had asked Schubeler’s parents, who live in Ohio, not to come to the proceeding because he would handle it, and they respected his wishes.

There have been indications that after the criminal proceedings are completed, a civil suit will be brought against Naughton.