Tillotson given suspended sentence

A Foresthill man received a suspended sentence Monday in Auburn court for his role in his son?s fatal shooting of 12-year-old Justin Kosinski.David Tillotson, 42, had bought the .45 caliber handgun fired in Kosinski?s death, trained his 15-year-old son Randy to use it, and kept the loaded, unlocked pistol in an overhead kitchen cupboard for protection.In January, Randy Tillotson was sentenced to five years in the California Youth Authority?s reformatory system for manslaughter in the March 29 shooting death of Kosinski.Monday it was the elder Tillotson?s turn to face a Placer County Superior Court judge for sentencing ? this time on a felony guilty plea for criminal storage of a firearm.Tillotson, a truck driver who has moved from Foresthill to El Dorado County since the shooting, also had to weather strong criticism from Deputy District Attorney Garen Horst and the wrath of Kosinski family members. While his office had agreed to a suspended sentence with the guilty plea, it wouldn?t be averse to Couzens siding with a Placer County Probation Office report that recommended jail time, Horst said. The District Attorney?s Office was willing to have the judge ?unwind? the plea agreement and have the case go to trial, he said.The prosecutor said that the Probation Department?s assessment of a pre-sentence interview concluded that Tillotson has failed to accept responsibility for his actions.?Owning a gun is a right but also a responsibility that Mr. Tillotson completely failed to fulfill,? Horst said. ?His lack of judgement resulted in the death of a wonderful boy and the sentencing of his son to the California Youth Authority.?Defense attorney David Cohen said, however, that Tillotson is remorseful and at no time during the probation interview was trying to justify his actions. Cohen noted that during his first interview with Tillotson, the defendant had wanted to apologize to the Kosinski family but was advised not to make contact.Cohen said that Tillotson had moved to the area in late 2001 and was concerned about bears after reading about a Foresthill resident whose trailer had been attacked that October.Tillotson felt the gun was in a safe place and had instructed his children not to have others over during his absence, Cohen said.?He has tremendous remorse,? Cohen said. ?He made a wrong decision to bring a loaded firearm into his home for his children?s protection in his absence.?While Tillotson is also banned from possessing a firearm, Cohen said his client has no interest in ever owning a gun.Justin?s father, John Kosinski, was accompanied by family members and friends who favored jail time for Tillotson. The elder Tillotson is as accountable as the man?s son, Kosinski said. ?It would be a tragedy if Tillotson walked out of court today,? he said. ?Hundreds, if not thousands die each year. It?s time for the judicial system to address this.?Superior Court Judge Richard Couzens said that while he still had concerns with the law on storage of firearms around children, he anticipated ?serious problems? if he reversed his decision to accept the plea.Couzens sentenced Tillotson to 365 days in jail but suspended the sentence and placed him on five years probation. Tillotson was also ordered to pay $2,000 to the county?s gun lock safety program and spend 250 hours in community service work. The work is not to include speaking to schoolchildren on gun safety, Couzens ordered.Tillotson said he moved from his ?dream home? in Foresthill last summer because he couldn?t continue to face Justin?s Kosinski?s family and friends.?It?s a tragedy and I wish I could do something or say something to ease their pain,? Tillotson said. ?I lost a son. Randy?s gone away for a minimum of three years. It?s a tragedy no matter how you look at it.?There were conflicting versions during court proceedings of how Justin Kosinski died. The boys were at the Tillotson mobile home. The elder Tillotson was working that day. The prosecution?s final version during sentencing was that Tillotson was pointing the gun at Kosinski when it went off. The defense version was that Tillotson was aiming elsewhere when a sudden sound from boys inside the residence made him turn and accidentally fire.In a teary, halting address to the court before sentencing in January, Randy Tillotson said he didn?t blame the victim?s family for hating him.?I?ve hated myself,? Randy Tillotson said. ?I?ve never intentionally hurt anyone.?The Journal?s Gus Thomson can be reached at gust@goldcountrymedia.com.