December 19, 2014

Medina
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Second trial nears in errant bullets case

MEDINA — Jury selection begins Monday for a 53-year-old Montville Township man accused of unintentionally shooting two houses through a patch of woods in January with a semiautomatic rifle.

Mark Bornino’s co-defendant, R. Daniel Volpone, 45, of Parma, was convicted Aug. 1 after a three-day trial.

Bornino and Volpone were indicted Jan. 29 on counts of shooting a firearm over a public road, a third-degree felony punishable by a maximum three years in prison.

At trial, Volpone said he and Bornino fired the gun at paper targets without a backstop in Bornino’s backyard, 5544 Windfall Road. He said they shot at a downward angle, so he expected the bullets would lodge in the ground behind the target.

Instead, police said, the bullets flew a third of a mile and pierced two homes on Parnham Drive.

No one was injured, but police reported hearing shots flying overhead and a family said a bullet penetrated an eye-level microwave moments after they left the kitchen.

Volpone told the jury at his trial that he and Bornino fired guns there before in 2005, when the houses on Parnham Drive weren’t yet built.

He said he didn’t know houses had been built there, and said Bornino already had the target set up when he arrived.

Police said on the stand they saw Bornino firing the gun from the hip when they approached, which is unsafe because the shooter can’t aim properly. Volpone denied Bornino did that.

Bornino is represented by Rittman attorney V. Lee Winchell.

Winchell did not return a call seeking comment.

Contact reporter Nick Glunt at (330) 721-4048 or nglunt@medina-gazette.com.