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State v. Peterson7/25/2005
A jury rejected David Grant Peterson's claim that he shot Harris Prater in self-defense. We conclude that the evidence was sufficient to support the State's burden of proving the absence of self-defense and that the deputy prosecutor did not commit misconduct during closing argument.
We also reject Peterson's challenge to his life sentence imposed under the Persistent Offender Accountability Act (POAA). Accordingly, we affirm Peterson's conviction for second degree murder, unlawful possession of a firearm, and reckless endangerment.
FACTS
On October 12, 2001, appellant David Peterson entered the home of his estranged wife and shot Harris 'Himey' Prater three times. Prater died from the wounds, and Peterson was charged with one count of first degree murder, one count of second degree assault, one count of unlawful possession of a firearm, and one count of reckless endangerment.
At trial, Arlette Peterson testified that she had separated from her husband David Peterson in September 2001 after Peterson told her he had outstanding arrest warrants and had to leave Seattle. Peterson asked Arlette to leave with him, but she declined his request and continued to live in the home. Arlette did not know where Peterson went when he left town.
On October 11, 2001, Arlette was contacted by Harris Prater, a man with whom she had been romantically involved in the early 1990s, before her marriage to Peterson. Arlette had not seen Prater for several years. During his relationship with Arlette, Prater had been a member of the Kitchen Crips gang. Peterson knew about Prater's gang affiliation and about his relationship with Arlette.
Prater came over to Arlette's house for dinner, and the two spent the evening talking and watching television. During the evening, Peterson called Arlette several times, apparently seeking to reconcile with her. Arlette informed Peterson that their relationship was over and that she wanted a divorce. At some point, Peterson called Arlette a 'punk bitch.' During one of the conversations, Arlette indicated that a man was visiting her, but she did not reveal his name. Arlette and Prater eventually went to sleep. Peterson continued to call, but Arlette did not answer.
On the next morning, October 12, 2001, Peterson flew to Seattle from Las Vegas, using an assumed name. Upon arrival, he called a friend and asked for a ride. After retrieving a .38 caliber handgun, Peterson asked the friend to drive him to Arlette's house. Shortly before arriving, Peterson called Arlette and spoke with her.
At about 1 p.m., Arlette and Prater were sitting on a couch in her living room. Arlette heard the front door being unlocked and saw Peterson enter the room. Upon recognizing Prater, Peterson said, 'What's up, dog?' When Prater put up his hands and said, 'Don't shoot me,' Peterson pulled out the handgun and shot Prater once. As Prater fell toward Arlette, Peterson approached and shot him two more times. Peterson told Arlette, 'I would never shoot you, baby,' and then went out to his friend's vehicle and drove off. Arlette called 911. Prater died a short time later at the hospital. The medical examiner testified that two of Prater's three bullet wounds would have been fatal.
Peterson was arrested in December 2001 in Kansas City, where he was living with his girlfriend. At the time of his arrest, Peterson was carrying the .38 caliber handgun used in the shooting.
Peterson claimed that he shot Prater in self-defense. He explained that during the 1980s, he had witnessed a murder committed by a member of the local Crips gang and had then testified for the State at trial. Over the years afte
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