West Hills Man Charged in Shooting of Friend, 21

Prosecutors filed assault charges Wednesday against a West Hills man who gravely injured a friend when he pointed a rifle at him and pulled the trigger in the mistaken belief the weapon was unloaded.

Even though he was arrested Tuesday on attempted murder charges, Russell Edward Rayburn, 21, was formally charged only with assault with a deadly weapon in Sunday’s shooting of John Lopez Jr.

Prosecutors said they could not file attempted murder charges against Rayburn because they could not prove that the self-employed construction worker really intended to kill the 16-year-old from West Hills.

Police said Lopez suffered severe brain injuries and is in critical condition at Northridge Hospital Medical Center.

Authorities said the shooting occurred shortly after Rayburn had first aimed the weapon at Michael Daugherty, another man who was partying Sunday in the bedroom of Rayburn’s residence in the 6700 block of Royer Avenue.

Daugherty told investigators that Rayburn unloaded the weapon and then aimed it at Lopez. But there was still at least one round in the gun. When Rayburn pulled the trigger, a bullet was discharged, hitting Lopez in the head.

Rayburn called 911 to report the shooting and was arrested Tuesday.

Deputy Dist. Atty. Robert L. Cohen said Rayburn was charged with two counts of assault with a deadly weapon, for pointing the weapon at both Lopez and Daugherty. He was also charged with one felony count of obliterating the serial number on the weapon and with being an ex-felon in possession of a firearm.

Appearing in Van Nuys Municipal Court, Rayburn pleaded not guilty to the charges. A preliminary hearing in the case is scheduled for March 10. Until that time, Rayburn will be held in lieu of $115,000 bail.