Teen Knowingly Pointed Loaded Gun At Girl

Boy Charged With Murder In Girlfriend's Death

SPARTANBURG, S.C. -- Deputies released new information Thursday in connection with the death of a 17-year-old girl who was shot in what deputies now say was a case of Russian roulette gone wrong.

Deputies said that Phillip Alexander Cannon, 16, told them that he knew the gun he pointed at his girlfriend, Kelly Nicole Kimbrell, was loaded. Cannon told deputies that one chamber in the gun was empty, and he thought that was the one the gun was set on. Cannon said he pointed the gun at Kimbrell, and said, "I'm going to shoot you," before he pulled the trigger.

Kimbrell was wounded in the chest and died at the scene just after 9 a.m. Wednesday.

Deputies had initially thought the shooting was accidental, but after interviewing Cannon and speaking to the solicitor, Cannon was charged with murder.

Investigators said that Cannon and Kimbrell were part of a group of teens who had skipped school at Boiling Springs High School. Cannon told deputies that they had "skipped school to get high."

Investigators said that they found marijuana in the apartment, but that they won't know if the students had used drugs until they get back the results of toxicology tests.

Officials said that Cannon and Kimbrell were boyfriend and girlfriend, but Thursday, Kimbrell's mother told WYFF News 4 that her daughter was not dating Cannon, and that she had been dating someone else for more than a year.

Deputies said that the .357-magnum handgun belonged to Cannon's father and the shooting happened in the apartment at The Haven on Maidstone Drive that the 16-year-old shared with his father.

According to sheriff's investigators, the gun was readily accessible in the home. State law does not require weapons to be concealed or locked up inside of residences.

Cannon's attorney, N. Douglas Brannon, said that Cannon waived his right to an arraignment Thursday night and signed a document on which he also indicated a not guilty plea.

Cannon is in the custody of the Department of Juvenile Justice, but officials will not say where he is being held, so it is unclear if he is in Spartanburg or if he has been moved to Columbia.

On Thursday, officials at Boiling Springs High School said that they were trying to make the day as "normal" as possible, though counselors were available on campus to help any students who needed grief counseling.

Why Is the Charge Murder?

Spartanburg County sheriff's Deputy Maj. Dan Johnson said, "One factor that's weighed heavily in the investigation is the fact he did have some knowledge the gun did have some live rounds in the handgun."

The sheriff's office said that there are other factors that cannot be discussed at this time.

Spartanburg County Coroner Jim Burnett ruled Kimbrell's death a homicide. In a written statement, Burnett said: "An accidental death would a death where the individuals involved would not foresee the result. It is my opinion that the handling of a loaded, deadly weapon (a firearm) can be foreseen as possibly leading to death or serious injury."

He also wrote the defendant "did fire at the gun at the victim intentionally knowing the gun was loaded."

The solicitor's office said that a murder charge is based on the presence of malice aforethought and lack of justification.