JAMESTOWN – The Sherman man accused of fatally shooting his neighbor while hunting last November has had his manslaughter charge dismissed.
Chautauqua County Court Judge David Foley dismissed the charge of second degree manslaughter against 34 year-old Thomas Jadlowski in a ruling issued on Wednesday, saying District Attorney Patrick Swanson erred when he presented the case in front of a grand jury while seeking an indictment.
Specifically, Foley said Swanson failed to answer a question from a member of the grand jury regarding a lesser charge below manslaughter in the second.
The shooting, which took place the Wednesday before last Thanksgiving, claimed the life of 43-year-old Rosemary Billquist. Jadlowski told police he thought he saw a deer Nov. 22 when he fired a single shot, striking Billquist in a field near her home on Armenian Road in Sherman.
Jadlowski was indicted by the grand jury on charges of second-degree manslaughter and hunting after dark because the incident took place after sundown.
According to the Post-Journal, Swanson has said he does not agree with Foley’s ruling calling it a “legal hyper-technicality” and adding that the case is not over.
He said his office has the options seeking an appeal in the decision or bringing it back to the grand jury.
Prior to Foley’s ruling, an August trial date had been set for Jadlowski in county court.