Man avoids jail time in accidental shooting death of friend

'I'm angry, because justice was not served here'

READING, Pa. - There will be no jail time for a Bucks County man who, police said, accidentally killed his friend in Berks County in 2018.

Daniel Brymer, 22, of Newtown, was instead ordered Tuesday to serve 30 months' probation after pleading guilty in May to involuntary manslaughter in the death of Daniel Smith.

Smith's family was upset with the sentence.

"I think it's a travesty of justice. I really do," said Michael Smith, the victim's father. "I'm angry. I'm angry, because justice was not served here."

Authorities said Smith, who was a state constable, and Brymer had been horsing around with an airsoft pistol, shooting at each other in the 4400 block of Kutztown Road on March 31, 2018. They said at one point, Smith gave Brymer his real gun. They said when Smith had his back turned, Brymer mistakenly pulled out the real gun and fired at Smith, who died at the scene.

Authorities said Brymer, who was performing CPR when responders arrived, was vomiting and visibly distraught.

Brymer — emotional, speaking with a broken voice— told the judge Tuesday he apologizes for his actions. He said he would do anything to bring Smith back.

"There were clearly reasons for the judge to make the decision that she did. It was a very difficult case," said James Polyak, Brymer's attorney. "We continue to mourn the loss of Daniel Smith, but at the end of the day, the judge decided that jail time was not an appropriate resolution."

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