Rusty Lish

A misdemeanor charge of injury to a child has been dismissed against Ashley and Rusty Lish, from left, after a 5-year-old found a gun in the Lish home last May and accidentally shot and killed 5-year-old Noelle Aston Shawver, of Blackfoot. The couple is pictured with their lawyer, Greg May, right.

    POCATELLO — A misdemeanor charge was conditionally dismissed Thursday against a Chubbuck couple in the accidental shooting death of a 5-year-old girl last May as part of a deferred prosecution agreement.

    Rusty and Ashlee Lish pleaded not guilty to injury to a child in April, almost a year after Noelle Aston Shawver, of Blackfoot, was accidently shot and killed by another 5-year-old at the Lish home in Chubbuck.

    Bannock County Prosecutor Steve Herzog said Rusty and Ashlee will have to comply with all the conditions of the agreement, or charges could be refiled over the next two years.

    As part of the agreement, which was struck on Wednesday, the couple will pay about $28,000 in restitution to the Shawver family.

    Also, Ashlee and Rusty cannot possess a firearm for at least two years, and must complete a court-approved parenting course and a certified gun safety course.

    The Lishes must also complete family counseling for both themselves and other family members, and develop a community service project to educate the community about firearm safety in the home

    “The Lishes don’t need to be punished any more,” Herzog said. “They were devastated by what happened.”

    Noelle was at the Lish home with her parents, Drew and Stacie (Udy) Shawver, on July 31, 2014.

    The adults were in another room when Noelle was shot and died from her injuries later that same day.

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