Jury Starts Deliberation in Atanasov Trial

A Woodland Hills man charged with murder in the shooting death of a teen-ager he found apparently burglarizing his house was depicted Thursday in Van Nuys Superior Court as a courageous defender of his home.

“Nothing in the law says the answer to danger is that you go the other way,” said Mitchell W. Egers, attorney for Peter Atanasov. “He doesn’t have to retreat. The law doesn’t require that.”

On the other hand, Deputy Dist. Atty. Larry Diamond argued that the 37-year-old framing contractor was guilty of second-degree murder because he shot the youth “out of anger, to punish him.”

Deliberations Begin

The attorneys for both sides wrapped up their cases in final arguments Thursday, and jurors are to begin deliberations in the case today.

The shooting occurred the evening of June 24, 1986, when Atanasov and his wife, Bonita, arrived home at dusk and saw one or more people in their Canoga Avenue house with flashlights.

Atanasov grabbed a .38-caliber revolver from his truck parked nearby and gave chase.

Atanasov and neighbors testified that the contractor, shouting continually, fired four shots as he pursued someone through his yard and across the street.

The body of 18-year-old Dane Kimball, shot in the head, was found by a jogger the next morning in bushes across the street.

Stepdaughter’s Boyfriend

The case is complicated by the fact that the victim was the boyfriend of Vanessa Jeffery, Atanasov’s 16-year-old stepdaughter.

Prosecution witnesses testified that Atanasov had threatened to kill Kimball unless he stayed away from his stepdaughter.

On the stand, Atanasov denied making such threats and said he barely knew the youth. However, he acknowledged catching Kimball “coming out of my bedroom with a bundle of keys. He tried to conceal them.”

There also was testimony that Kimball had in previous months taken one of Atanasov’s jackets, Bonita Atanasov’s wedding ring and a woman’s bra from the house.

Both the prosecution and the defense acknowledged there was no conclusive evidence indicating why Kimball entered the house.

When shot, Kimball was wearing Atanasov’s jacket and had in his pockets the ring and a bra similar to the one Bonita Atanasov said was missing.

In opening arguments, Diamond maintained that Atanasov was aware that he was shooting at Kimball, rather than at a burglar unknown to the defendant.

The shots, Diamond asserted, were fired for one reason: “To kill Dane Kimball.”

But Thursday he referred only indirectly to that theory.

Instead, he sought to convince jurors that Atanasov’s actions fit the criteria for second-degree murder.

Paused Before Firing

Because he paused before crossing the street to fire the fatal shot and shook off pleas from his wife and neighbors to let police handle the case, Atanasov acted with forethought as required for second-degree murder, Diamond said.

He also scoffed at Atanasov’s testimony that he feared that the burglar was armed and would harm him, which under state law is a mitigating circumstance.

Atanasov “never took cover,” Diamond said. “and he never said to his neighbors or his wife to take cover. His actions that night did not demonstrate any great threat.”

When someone “shoots into a bush where someone might be,” Diamond said, “You shoot with intent to kill.”

Egers countered that Atanasov “was only seeking to force the man to surrender.” He called the shooting a “terrible accident.”

Could Face 17-Year Term

If convicted of second-degree murder, Atanasov would face 17 years to life in prison.

Judge Alan B. Haber told jurors they also could return a verdict of voluntary manslaughter if they find there was an intent to kill but no forethought.

Jurors could consider a verdict of involuntary manslaughter, Haber said, if they find Atanasov, while not intending to kill, acted recklessly and with no regard for the consequences.

If found guilty of voluntary manslaughter with a firearm, Atanasov could be sentenced to a maximum of 13 years in prison.

Involuntary manslaughter with a firearm carries a maximum prison term of six years.