A Greeley man faces a felony for illegal discharge of a firearm after police said a bullet fired from his living room travelled through a neighbor’s apartment, missing the resident by just 10 feet.
The man — 35-year-old Samuel Lilly — said the gunshot was an accidental discharge, fired from a model of handgun known to have issues with firing when dropped, according to an affidavit for his arrest. Police searched the apartment, and said they found a rifle and a matching fired shell casing in Lilly’s living room but made no mention of a handgun.
Along with facing the illegal discharge felony, Lilly also faces misdemeanor charges for being drunk with a gun and reckless endangerment, according to Colorado court records.
Just after 4:15 p.m. April 26, Greeley police responded to reports of a mental health crisis with weapons at an apartment in the 2100 block of 28th Street.
As officers were helping the caller safely out of her apartment, the neighbor — identified as Lilly — walked out with his hands in the air, according to the affidavit. Police said the man repeated multiple times that the shot was a “negligent discharge” as he walked out of the apartment.
Lilly original declined to speak with police but later changed his mind after calling an officer over to check his handcuffs, according to the affidavit. Multiple officers on scene reported smelling alcohol on Lilly’s breath while speaking with him.
Police said Lilly told officers that he had been moving things around in his living room when his Sig Sauer P320 fell on the ground and went off, firing a round into the ceiling of his unit. The apartments are side by side and each unit has two levels, according to a listing from the complex. The shot from the P320 came from downstairs in Lilly’s apartment and entered the upstairs area of the victim’s unit.
The victim said she was doing her makeup when she heard the shot, according to the affidavit. She showed police the pair of holes where the bullet entered and exited her apartment, telling them she was standing just 10 feet away when the gun went off, police said.
Lilly further explained to an officer that the P320 model is known for randomly discharging and that he should have been more careful, according to the affidavit.
In March, a Philadelphia-based law firm filed a lawsuit against Sig Sauer on behalf of 22 people — hailing from 16 states — alleging their P320s unintentionally fired. The lawsuit alleges the majority of those wounded by accidental discharges are law enforcement officers. The full 150 page lawsuit is available at tinyurl.com/P320Suit.
Police later searched Lilly’s apartment and found a rifle sitting on his couch, as well as a spent casing matching the rifle. Police made no mention in the affidavit of finding a Sig Sauer P320 that matched Lilly’s story.
Lilly has a hearing on advisement June 9 in Weld District Court.
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