Lubbock man placed on probation for negligent homicide in teen's deadly shooting

A 67-year-old man was placed on probation for five years for failing to follow basic firearm safety rules while cleaning his gun leading to the shooting death of a 16-year old boy three years ago in North Lubbock.

Kimberly Hozempa, who has been out on bond since Dec. 23, 2020, appeared in court and pleaded guilty to a count of criminally negligent homicide, a state jail felony that carries a punishment of six months to two years in a state jail.

He faces up to two years in prison if his probation is revoked.

Hozempa admitted to causing the Dec. 22, 2020 death of Elijah Morin by failing to properly unload his gun and by pointing it in an unsafe direction while he cleaned the weapon.

A part of his probation, Hozempa will serve 30 days of shock jail time split six days every year for five years. His sentence requires him to serve three days in jail on Morin's birthday, Aug. 31, and on the anniversary of his death, Dec. 22.

His charges stem from a Lubbock police investigation that began when officers responded to a shots fired call at a home in the 500 block of North Flint Avenue.

According to the warrant, police received a 911 call in reference to a shooting in the 500 block of North Flint Avenue. The caller, identified as Hozempa, told dispatchers that his gun accidentally fired and another person in the house was struck by the bullet.

Responding officers found Morin, who was Hozempa's neighbor, suffering a gunshot wound.

A police report states Morin died at the scene.

Hozempa was detained at the scene by patrol officers and agreed to speak with detectives at the Lubbock Metropolitan Special Crimes Unit headquarters.

Hozempa told investigators he had the gun out to clean it. He said he removed the magazine and checked the gun.

He said the gun was pointed away from him when it accidentally fired and the bullet struck a wall. He said his grandson came running out of the adjacent bedroom, saying Morin had been shot.

Hozempa he has been around firearms his whole life and has had training in firearm safety.

He acknowledged that he had not followed basic firearm safety rules which resulted in Morin being shot and killed, according to the warrant.

Hozempa was charged with a felony count of negligent homicide and booked into the Lubbock County Detention Center. He was released from the jail the next day on a $10,000 bond.

This article originally appeared on Lubbock Avalanche-Journal: Man placed on probation in teen's deadly shooting