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Friend charged in Boone shooting death
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Published: November 24, 2009
BOONE - Galen Elijah Ruble told police he thought his muzzle-loading rifle was unloaded when he pointed it at his friend's head and pulled the trigger, according to Boone police.
But Jay Derby, a 20-year-old student from Matthews, was killed Sunday during a party at Ruble's apartment near Appalachian State University.
On Monday, Boone police charged Ruble with involuntary felony manslaughter.
"This is negligent. You don't point a gun -- it's not a toy," said Boone Police Captain Jim Wilson. He said Ruble, also 20, is distraught about the shooting, which has rocked both families.
"We know he loved Jay," said Susan Derby, Jay's mother, saying she isn't angry with Ruble.
"For me, it's just sadness," said Derby.
Derby, a 2007 Butler High graduate, was studying business at Appalachian. Ruble, of Durham, was taking a year off from the university and was working at two restaurants in Boone.
Police say Derby went to a small party at Ruble's apartment this weekend. About 12:30 a.m. Sunday, police say Ruble went to his bedroom and came back with his .50 caliber muzzle-loading rifle, intending to scare his friends.
He told police he expected only a small pop from the gun's percussion cap.
On a muzzle-loading rifle, the percussion cap explodes when the trigger is pulled -- setting off the main gunpowder charge and propelling a slug down the barrel. The gun is loaded by pouring powder and a slug into the muzzle.
Derby was declared dead at the apartment when paramedics arrived.
Ruble, who goes by Eli, cooperated fully with investigators, police said. He was being held at Watauga County Jail under $10,000 bond late Monday and is scheduled to appear in court Dec. 15.
He was previously charged with marijuana possession and underage possession of alcohol, court records show. Both charges were dismissed in 2007. He has no further North Carolina criminal record.
Ruble's uncle, Ben Brinkley, said his nephew is a history buff, which is probably why he owned the antique-style rifle.
"He's not a violent kid," Brinkley said.
Ruble graduated from Durham School of the Arts and was a talented musician, Brinkley said. He was planning to return to college to study forestry.
"This was an accident," Brinkley said. "I'm sure Eli's living in a personal hell right now."
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