Nov 14, 2014 By David Singer 3 min read

As a condition of waiving her preliminary hearing, the 28-year-old woman accused of fatally shooting her cousin in what witnesses said was an accident will be allowed to stay with relatives while awaiting a trial date.

Stephanie Munizza has been released on non-monetary bond and also had her charges amended from first degree murder to involuntary manslaughter and third degree murder. She’s required to wear an electronically monitored ankle bracelet.

“I don’t believe there’s any way (prosecutors) could litigate that this was an intentional act. The question is whether it was a crime or not. And it’s my position there was not. This was an accident,” attorney David Shrager said.

Shrager said the family of victim Joshua Poremski also believe it was a tragic accident the morning of Nov. 1 and that Munizza should not be criminally charged.

“She’ll be staying with the mother and father of the victim. That is love and compassion … they realize this was not a crime. This was a horrible, horrible accident. And it’s my position that the government doesn’t need to be involved in this matter,” Shrager said at the Nov. 14 preliminary hearing.

Munizza appeared flush and shaken at the hearing.

“I can’t even begin to think of the thoughts running through her head and the pain she is going through. It’s clear to anyone who’s in her company for more than a few seconds she is devastated. I think it’s going to be a pain she’s going to live with for the rest of her life. I’m going to try to find her mental help as soon as possible.”

The incident had District Judge Jeffrey Manning commenting at Munizza’s bond hearing that something like this could have been prevented.

“Judge Manning indicated that a common mistake people make with semi-automatic weapons is people see there’s no clip (in a handgun) and don’t realize there may be a round still chambered in the gun,” Shrager said.

“The victim in this case told Stephanie several times it was safe; the gun was not loaded, and other witnesses said that was the story as well.”

Police said Munizza was handed a gun by the victim after inquiring how easy it would be to acquire one as well as a concealed carry permit. The gun discharged shortly after she took it from the victim, shooting her cousin in the upper neck and face.

Munizza, a Missouri native, faces formal arraignment on her amended charges Dec. 16.