Cody Gilliland
A criminally negligent homicide charge has been dismissed against 30-year-old Cody Neal Gilliland in the shooting of his fiancee at the Hidden Creek Apartments in East Brainerd.
General Sessions Court Judge Clarence Shattuck granted the dismissal after listening to the 911 call Gilliland made after the July 2 incident in which Lauren Bnnema, 25, died.
The judge also listened to an emotional statement he gave to police shortly after the incident.
Attorney Lloyd Levitt said of the case, "This seems to be an absolute 100 percent accident. All he's asked about is her family and how they are doing."
Prosecutor Andrew Coyle said, "Frankly, judge, this is a very close issue. I don't believe there's any proof of intent. It's a horribly sad situation."
Judge Shattuck said, "There is no doubt it is a horrible, horrible situation. My heart goes out to the victim's family. My heart goes out to Cody and his family."
He said under the law as charged he felt the case should be dismissed.
Gilliland said he came home for lunch that day with Ms. Bonnema and her young child that day, then returned after getting off work. He said he played with the baby and their dog, then went back into a bedroom to look at a gun about 8 p.m.
He said he was holding an AR15 rifle in the bedroom when the dog jumped on him. He said he pushed the dog off, but the dog kept coming back at him. He said he yelled and tried to kick the dog away, then the gun went off.
Gilliland said he was surprised, saying he did not think any of the numerous weapons in the second-floor apartment were loaded.
He said he could see a bullet hole the shot left going toward the living room and kitchen. He said he wondered if the baby was okay.
He said he then went out and found Ms. Bonneman lying on the floor with blood coming out of her mouth. He then called 911. Responding personnel said he was holding the baby when they arrived.
During his police interview, when officers were out of the room, he could be heard saying repeatedly, "Please don't die on me."
He had been released on $50,000 bond in July on condition that he live with his mother, not have any weapons and not go around the victim's family.
Investigator Zach Crawford said the bullet went in by the victim's mouth and came out the back of her head.
He said the charge was brought because of the defendant's background in the military, his familiarity with guns and with proper safety measures, and the indication that he had his finger in the trigger well. He said, "You should never have your finger in the trigger well unless you are prepared to shoot."
The detective added, "Any time you pick up a weapon you should treat it as loaded."
Police found a bullet hole in the door of the master bedroom with blood spatter covering the area of the bullet hole. The AR 15 was soaked with blood.
Officers observed blood transfer on AR 15 magazines in the master bedroom closet.
The medical examiner said the entry wound was to the front of the victim's mouth.
Police earlier said Gilliland's "gross negligent handling of the loaded rifle and his actions of anger towards his dog led to the death of Ms. Bonnema."
Ms. Bonnema was a lifelong resident of Chattanooga and a member of Brainerd Hills Baptist Church. She was serving in the Army Reserves and was an avid music and animal lover.
Click here to listen to the court recording.