Judge Won’t Toss Charge in Deadly Russian Roulette Case

A judge has refused to toss a manslaughter charge against an Alaska-based soldier accused of engaging a fellow soldier in a deadly game of Russian roulette.

Sgt. Michael McCloskey of Beverly, N.J., died after shooting himself in the stomach with a high-powered revolver after what prosecutors describe as a 36-hour drinking binge and gunplay with friend Jacob Brouch.

Brouch's attorney asked Superior Court Judge Gregory Miller on Tuesday to throw out the manslaughter charge given there was no testimony that Brouch actually asked his friend to play Russian roulette.

The judge, however, refused. Miller said it was up to the jury to decide if Brouch acted recklessly when he handed his friend the weapon and the bullet in March 2011 in his home in Eagle River, just north of Anchorage.

(Copyright 2012 by The Associated Press.  All Rights Reserved.)