A young man previously arrested for the 2009 shooting that killed his friend is now facing a charge of second-degree murder.

 

The 3-year-old case began around 12:30 a.m. on Nov. 22, 2009, when officers and medics responded to an apartment at 148 Faculty Street to a 911 call reporting a gunshot wound.

 

Jay Franklin Derby, a 20-year-old Appalachian State University student, died at the scene after being shot in the face with a .50-caliber black powder muzzleloader, according to police.

 

Galen Elijah Ruble, now 23, of Durham, told officers that he had fired the weapon but did not think it was loaded, according to police.

 

Boone police said at that time that Ruble intended to scare Derby and about seven others in attendance at the party. Police also said that Derby and Ruble were known to be good friends.

 

Ruble was charged with involuntary manslaughter and released on a $10,000 secured bond.

 

On Aug. 27, 2012, a grand jury indicted Ruble on a new charge of second-degree murder, according to court records. Two days later, Ruble turned himself in on the felony charge.

 

He was issued a $10,000 secured bond, to be consolidated with the earlier bond from the previous charges.

 

Ruble is now scheduled to appear in court Oct. 8.

 

The Watauga County District Attorney’s office and Tom Speed, attorney for the defendant, could not be immediately reached for comment Thursday.

 

Involuntary manslaughter typically refers to the taking of a person’s life due to criminal negligence or recklessness. Second-degree murder is a more serious charge, and the presumptive sentence for a person convicted of that charge starts at a minimum of 125 months in prison.