Widow sues man who shot husband

The lawsuit seeks damages from the man who accidentally shot her spouse and is serving 10 years for manslaughter.

By ANITA KUMAR

© St. Petersburg Times, published March 21, 2000

CLEARWATER -- The wife of a man killed in October 1998 is suing her husband's longtime friend who pulled the trigger in the accidental shooting.

Mitzi Davis, 39, filed a wrongful death lawsuit against Michael Schwerin, 49, a St. Petersburg man serving 10 years in prison for manslaughter.

John Davis, 37, of Clearwater, was killed Oct. 12, 1998, at his store, Affordable Jewelry and Pawn in Pinellas Park. He purchased the pawn shop from Schwerin's wife. Davis is survived by three children, all under the age of 6.

The lawsuit filed in Pinellas-Pasco Circuit Court earlier this month accuses Schwerin of failing to use reasonable care and asks for an undetermined amount of money for loss of income and support and for pain and suffering.

Mrs. Davis' attorney, Joseph McFarland of St. Petersburg, said Monday his client did not want to comment and did not want him to comment either.

Schwerin picked up the .38-caliber revolver kept at the store for protection and fired by accident, a bullet striking Davis in the upper chest, prosecutors said.

Mrs. Davis told police that Schwerin went to the pawn shop at 7164 49th St. N to help her husband close up because she was expected to deliver her baby that day. She gave birth to the child two weeks later.

Police said Schwerin had jokingly pointed a gun at Davis, who lived in Clearwater, months before the death. The gun fired then too, but Davis was not struck, police said.

After the shooting, Schwerin told police several different stories about what happened. He said that Davis shot himself and then he told detectives he fired the gun, believing it was empty.

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