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United States v. Peterson
The Backyard Standoff
The facts
The Defendant's backyard contained an old car that neighbors and passersby sometimes picked through for scrap. On the day of the incident, the victim and some friends came to the alley behind the Defendant's house to take windshield wiper blades from the old car. The Defendant came outside and objected. An argument broke out; the Defendant warned the victim not to take the blades. The victim went to his own car to retrieve a lug wrench. At that point — before the victim had done anything further — the Defendant went inside his house and armed himself with a pistol. He then came back outside. By the time the Defendant reappeared with the gun, witnesses testified that the victim had re-entered his car and was preparing to leave; one witness heard the victim say "Let's go." The victim then saw the gun and turned toward the Defendant, running or walking in his direction. The Defendant, now ten feet from the victim, pointed the pistol and fired when the victim got close, killing him. The Defendant told Police he "got scared and fired the gun. He ran right into the bullet." He maintained he did not mean to kill the victim, only to scare him.
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