David Andrew Armstrong

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September 14, 2011 - Family of slain NBCUniversal executive says prison time warranted, Los Angeles Times

The family of slain NBCUniversal executive Brian Russell Kaplon said Wednesday they think the Porter Ranch man who fatally shot him should serve prison time but even that would not bring them a sense of closure.

Businessman David Armstrong pleaded guilty Wednesday to involuntary manslaughter in connection with the March 18 slaying.

Kaplon's family made their first extended comments Wednesday outside the San Fernando courthouse, following Armstrong's appearance.

They expressed anger and disappointment that Armstrong and his wife had "shown no remorse" and not apologized for what their lawyer had characterized as a "tragic accident."

They also refuted the suggestion that Kaplon and Armstrong were close friends and were critical of state law that allowed Armstrong to keep a "military-style" assault rifle at his home.

"The question for her [the judge] and for us is, what is my son's life worth?" said patriarch Joe Kaplon. "My son's not coming back and I cry about it every day."
Brian Kaplon's widow, Kristie Kaplon, said she had been close to Armstrong's wife since childhood, but she refuted defense attorney Jim Blatt's characterization that Armstrong and Kaplon were close friends.

She said Armstrong should have to "go away from his family," noting her husband would never come home to her or their three children under the age of 3 -- two of them fraternal twins born after his death.

"Justice is never going to be served for me or my children," she said of the man she met at 18 and with whom she shared seven years of marriage.

Kaplon, who worked in the finance department at NBCUniversal, was described by friends and co-workers as affable and creative. About a dozen friends accompanied the family to Wednesday's court hearing.

Authorities said that on St. Patrick's Day, Kalplon had gone to Armstrong's gated Porter Ranch home for a haircut. Armstrong was showing Kaplon an AR-15 semiautomatic rifle in the garage of his home when the weapon discharged.

Armstrong was arrested on suspicion of murder after allegedly making conflicting statements about the shooting.

Blatt argued the shooting was a tragic accident involving two friends. He said they had been drinking and laughing before the shooting and there was no sign of "a disagreement or anger."

He said his client "can't take the bullet back" but was "sincerely remorseful for what has happened."

Prosecutors originally charged Armstrong, who worked as an executive at his father-in-law's foam packaging business, with murder. With that charge, he had faced the possibility of 35 years to life in prison.

With Armstrong's plea to involuntary manslaughter, he could be sentenced in November to probation or as much as 14 years in state prison.

By Andrew Blankstein

August 18, 2011 - Man ordered to stand trial in killing of NBCUniversal executive, Los Angeles Times

A judge ruled Thursday afternoon that a Chatsworth man accused of fatally shooting an NBCUniversal executive must stand trial on charges of murder and involuntary manslaughter.

Los Angeles County Superior Court Judge Beverly O'Connell's order for David Andrew Armstrong to face trial came after nearly two days of testimony at a preliminary hearing at the San Fernando courthouse.

Armstrong is accused of fatally shooting Brian Russell Kaplon in the chest with an AR-15 semiautomatic rifle during a gathering on St. Patrick's Day at Armstrong's home. Armstrong, who works at his father-in-law's foam packaging business, remains free $1-million bail, officials said.

If convicted of the murder as well as the sentence enhancement for using a gun, Armstrong faces up to 50 years to life in state prison.

Kaplon, who worked in the finance department at NBCUniversal, was described by friends and co-workers as affable and creative. He was married and left three children.

Authorities said Armstrong was showing Kaplon the rifle at Armstrong's home when the weapon discharged. Armstrong was arrested after allegedly making conflicting statements about the shooting.

Jim Blatt, the attorney for Armstrong, argued the shooting was a tragic accident involving two friends. He said they were drinking and laughing before the shooting and there was no sign of "a disagreement or anger."

"At the time of the incident, my client had a blood-alcohol level of 0.15%, which is approximately double the legal limit for driving," Blatt said.

Kaplon's widow, said she was pleased with the judge's decision but that the trial process was extremely difficult for the family.

"It's been horrific and surreal," Kristie Kaplon said by phone Thursday. "Losing my husband in such a horrific manner is something nobody should have to go through. I just want justice for Brian."

By Andrew Blankstein

March 26, 2011 - Man charged with murder in NBCUniversal executive's death, Los Angeles Times

{Prosecutors say David Andrew Armstrong intentionally shot Brian Russell Kaplon in the chest with a rifle. Armstrong's attorney calls it a tragic accident involving alcohol and firearms.}

At the end of a St. Patrick Day's gathering, Brian Russell Kaplon and David Andrew Armstrong went into the garage of Armstrong's home in a gated community in Porter Ranch.

Armstrong kept a collection of guns in the garage. What happened next is unclear because Kaplon, an executive at NBCUniversal, and Armstrong, a marketing executive, were the only ones there. But just after midnight March 18, Kaplon suffered a fatal gunshot wound from one of Armstrong's military-style rifles.

At first, Los Angeles Police Department detectives thought the shooting might be an accident. But Thursday they arrested Armstrong, who was charged by prosecutors with one count of murder. Authorities have not provided details of what happened but said they decided to make the arrest after reviewing evidence at the scene.

"Both of the men were in the garage with a rifle when one man shot and killed the other man. There are no other witnesses," LAPD Deputy Chief Kirk Albanese said. "The other man made a statement that was taken into consideration before it was determined to be a homicide."

The Los Angeles County district attorney's office alleged in court papers filed Thursday that Armstrong "personally and intentionally discharged a firearm, a rifle, which caused great bodily injury and death to Brian Kaplon." He faces up to 25 years to life in prison if he is convicted on all charges.

Armstrong's attorney, James Blatt, said the shooting was a tragic accident involving two friends who had been drinking at Armstrong's gathering.

"There will be no motive shown. There was absolutely no animosity or argument before this accidental shooting," Blatt said. "There was no intent ever to harm his best friend. This was an accident based on two friends who were drinking and not following the proper safety precautions in the handling of a rifle."

Blatt said Armstrong called 911 immediately after the shooting and tried to provide medical assistance.

A law enforcement source confirmed that there had been a gathering at Armstrong's home. But someone close to the Kaplon family said Brian Kaplon went there to get a haircut and did not attend any party. This source, who spoke on the condition of anonymity, also said that the men's wives were close friends but that Kaplon and Armstrong were more acquaintances.

Kaplon, who worked in the finance department at NBCUniversal, was described by friends and co-workers as affable and creative. He was married with a child, with twins due in May.

By Richard Winton and Andrew Blankstein

May 24, 2011 - New Count Added Against Man Accused of Murdering NBCUniversal Executive, City News Service

Prosecutors added a new count Tuesday -- involuntary manslaughter -- against a man who is charged in the shooting death of a childhood friend who was an executive at NBCUniversal.

The criminal complaint filed against David Andrew Armstrong lists Brian Russell Kaplon, a digital distribution executive for NBCUniversal, as the victim in both the involuntary manslaughter charge as well as the murder count that was filed in March.
A hearing is tentatively set June 22 to determine if there is enough evidence to require Armstrong to proceed to trial on the two felony counts, which allege that he personally used a rifle.

The shooting occurred about 12:45 a.m. March 18 in the garage of Armstrong's Porter Ranch home in the 20000 block of Vercelli Way, where the
men, both 32, had apparently been drinking at a St. Patrick's Day party.

Kaplon died from at least one shot to the chest, fired from an AR-15, a semiautomatic, civilian version of a U.S. military's M16. Most fire .223-caliber bullets.

Authorities said Armstrong kept a collection of guns in the garage.

An attorney for Armstrong has said the shooting was accidental.

"There was no intent ever to harm his best friend. This was an accident based on two friends who were drinking and not following the proper safety precautions in the handling of a rifle," lawyer James Blatt told the Los Angeles Times after the shooting.

He said Armstrong called 911 after the shooting and tried to save Kaplon.

"They were best friends since fifth grade. They were like brothers. Wives were very close. Each family was an integral part of the other family's life," he told The Times.