Stoneham Firefighter Shot, Killed While 'Passing, Pointing Gun' With Other Man, DA Says

STONEHAM (CBS) – A Stoneham firefighter was shot and killed in a horrific incident late Tuesday night.

The Middlesex District Attorney's Office said the firefighter, David Atherton, 24, was drinking with 23-year-old Patrick Riccardi-O'Connor in a home on Congress Street and that the two were "passing a gun back and forth pointing it at each other" around 11:10 p.m.

"It appears the fatal shooting may have been an unintended consequence of this behavior," Meghan Kelly, a spokesperson for the D.A., said in a statement Wednesday.

Atherton, who lived in Stoneham, was pronounced dead at the scene.

Riccardi-O'Connor, also of Stoneham, was arrested and charged with involuntary manslaughter, assault and battery with a dangerous weapon causing serious bodily injury and discharging a firearm.

During his Wednesday arraignment in Woburn District Court, Riccardi-O'Connor was released on $25,000 bail. A judge required Riccardi-O'Connor to wear a GPS device and maintain a 6 p.m. curfew when he makes bail.

Prosecutors said Riccardi-O'Connor was funneling beer before shooting his friend, and had also "ingested" a bullet. The two had been recording videos of them fooling around with the gun throughout the night, prosecutors said.

According to court documents, Riccardi-O'Connor initially lied to police, saying Atherton was pointing the gun at his chest and shot himself.

But while at the police department, officers say Riccardi-O'Connor admitted the gun had gone off when the two were passing it back and forth.

The gun used during the incident was registered to Riccardi-O'Connor. He had a license at the time of the shooting, but it has since been revoked.

Stoneham Fire Chief Matthew Grafton said Atherton had only joined the department in February but "had already given a lifetime's worth of dedicated service to his fellow man."

"Firefighter Atherton always wanted to help people. He was selfless and dedicated, and he overcame great tragedy as he lost both of his parents at a young age," Grafton said. "I cannot help but feel that the best was yet to come for this young man, and we in the Stoneham Fire Department are still coming to terms with this loss."

Stoneham Interim Town Administrator Bob Markel issues a statement on Atherton's death, saying the community is grieving.

"On behalf of the entire community, I offer my most sincere condolences to Firefighter Atherton's family and friends and his fire department family during this difficult time," Markel said. "I was very proud and moved by the fire department's response overnight, as firefighters lined the roadway in a show of respect to their brother firefighter."

One of Atherton's coworkers told WBZ-TV's David Robichaud that the late firefighter "was a sweet kid."

Atherton joined the Stoneham Fire Department in February and graduated from the Massachusetts Firefighting Academy on June 10.

The 2011 Stoneham High School graduate was a military police officer deployed to Qatar from 2012-2013 as a member of the Massachusetts Army National Guard.

Atherton was awarded eight times by the National Guard for his service, including the presentation of the Army Commendation Medal.

No other information is available at this point in the investigation.