County : Deputy Sheriff Charged in His Brother’s Death

A sheriff’s deputy who accidentally shot and killed his brother last month has been charged with one count of involuntary manslaughter, the district attorney’s office said Wednesday.

Deputy Dist. Atty. Tom Goethals said the felony action was filed Wednesday against Donald W. McKay. McKay, 25, has been on administrative leave from his sheriff’s deputy position since the fatal shooting of his brother, John McKay, 22, at the younger brother’s home in Capistrano Beach Jan. 16.

Full details of the shooting have not been made public, but Sheriff’s Department sources said last month that Donald McKay was showing his police weapon to his brother when the gun accidentally discharged. John McKay was rushed to Mission Community Hospital immediately after the shooting, but he died at the hospital the same day.

Goethals said the charge of involuntary manslaughter was filed after an investigation of the incident by the district attorney’s office. “We are alleging that he (Donald McKay) acted with criminal negligence,” Goethals said.

Goethals said that McKay is expected to voluntarily surrender “within the next couple of days.”

“In this type of criminal negligence action, arrests are not usually made because there is no indication that the suspect will flee,” Goethals said.

The charge against McKay was filed in Orange County Central Municipal Court, and Goethals said the preliminary hearing, which has not been set, will be held in that court.