UPPER ST. CLAIR (KDKA) – A woman is in jail following a fatal shooting in Upper St. Clair over the weekend. However, her lawyer claims it is all a terrible accident.

According to police, the shooting happened at a home on Myrna Drive around 4 a.m. Saturday.

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Stephanie Munizza, 28, is facing homicide charges as a result of the shooting.

Joshua Poremski, 27, was pronounced dead at his family’s home. A witness said the victim and suspect had been drinking during a family gathering at the home prior to the shooting.

According to the criminal complaint, they began talking about Munizza’s interest in obtaining  a permit to carry a concealed weapon. Poremski allegedly handed her his gun, said it wasn’t loaded and asked if she would be able to shoot someone who posed a danger to her family.

Witnesses say Poremski again questioned Munizza about her ability to shoot a person standing in front of her – then told her “Prove it.”

Munizza told police: “She gripped the firearm in a two-handed grip and without her knowledge the firearm went off.”

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Now, her lawyer said the family believes this was an accident and they want her to be released from jail.

“It can only be described as a terrible, terrible tragedy,” said attorney David Shrager. “My client was with her cousin, hanging out after a family party. They were around a fire, and they were playing with a firearm and the allegations are the firearm discharged and her cousin was killed.”

Police say this may have been an accident, but that will have to be determined through the court system.

“The whole family is devastated because their son is dead and their beloved niece, that’s their niece, is in jail and they want her out,” Shrager said. “Even the parents of the deceased are insistent that this was an accident and don’t want her in jail.”

She’s being charged with homicide and is being held at the Allegheny County Jail without bond.

Over the weekend, Allegheny County detectives discussed the case with the District Attorney’s Office. It will be up to the D.A. to determine what the exact charge against Munizza will be. That information will not be released until after her preliminary hearing on Nov. 14.

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Heather Abraham