Involuntary Manslaughter Verdict : Man Relates Anguish Over Killing Brother

James Tanquary said he loved his brother so much that he gave artificial resuscitation to him after he fatally shot him in a fight at their family’s Buena Park liquor store.

After he was convicted Friday of involuntary manslaughter in the death, the 37-year-old Tanquary nearly wept as he recounted how he still could not get thoughts of his dead brother off his mind.

“We loved each other so much,” he said.

The Anaheim Hills man was convicted in the death of Russell Tanquary, 33, on July 15, 1986. Superior Court Judge Francisco P. Briseno presided over the 2 1/2-week trial, held without a jury at the defendant’s request.

With sentencing scheduled for July 21, Tanquary faces a maximum penalty of six years in prison. His attorney, San Francisco lawyer Melvin Belli, said he would recommend that Tanquary be placed on probation.

Prosecutors had sought conviction on second-degree murder, a charge that carries a penalty ranging from 15 years to life imprisonment. Belli had sought acquittal, claiming that Russell Tanquary’s death was an excusable homicide.

According to James Tanquary, his brother’s death came after a long history of quarrels as the two worked with their mother in Beach Liquor Mart on Beach Boulevard in Buena Park. The two began quarreling once again on the day of the shooting, Tanquary said, when his brother started “bothering my mom.”

The quarrel began at the front of the store, but moved to the rear freezer area. During the quarrel, Tanquary said, his brother slugged him in the head “as hard as he could.”

Tanquary said he also feared that his brother would reinjure a part of his leg where he once underwent a tendon transplant. Tanquary said that leg was injured by his brother in a fight about 10 years ago.

So, James Tanquary pulled from his pants pocket a .380-caliber semiautomatic pistol that he carried for protection against robbers, and fired a warning shot, prosecutors said. When his brother continued to quarrel, prosecutors said, Tanquary shot him in the arm and the bullet pierced Russell Tanquary’s chest.

But Belli told the judge that James Tanquary’s remorse for the action was shown by the fact that he immediately called for police and an ambulance, and then administered artificial resuscitation until paramedics arrived. Russell Tanquary died of the gunshot wound a short time later at a local hospital.

James Tanquary’s love for his brother also was displayed at the funeral when he jumped into the coffin with the corpse, Belli said.

Kathryn Tanquary, who testified in her son’s trial, said after the verdict that he should not have been convicted of a crime because he loved his brother and did not mean him harm. She said he and other family members in the store kept guns handy because the business had been robbed about 20 times in recent years.

‘Unfortunate Accident’

“It was just an unfortunate accident,” the mother said in a voice choked with emotion.

Deputy Dist. Atty. Jill Roberts portrayed a more sinister picture of James Tanquary. She said evidence that the shooting was committed with malice--a requirement for a second-degree murder conviction--was the fact that he was a trained marksman and fired twice. Tanquary had testified he was a good shot.

“The fact he fired the first shot away from his brother shows (that) he appreciated the harm he could cause his brother,” Roberts said in court.

Roberts also argued that Tanquary’s age, 37, should make him more accountable for rash actions than someone much younger.

Judge Briseno agreed that a man of Tanquary’s age should know better, but he noted that the defendant’s testimony during the trial indicated that he was very immature for his age.

Briseno said he also doubted that Tanquary meant to kill his brother or else he would have aimed at a more vital area than the arm. For malice to be shown, the judge said, Tanquary would had to have exhibited “extreme” indifference to the value of life. But there was not enough evidence to show he did, the judge added.

‘Momentary Anger’

“(This) is an act of momentary anger more rash than thought out,” Briseno said in rendering his verdict.

The judge did question Tanquary’s credibility, however, in testifying that the shooting was an accident. Thus, he did not rule the case an excusable homicide.

Belli called the verdict a partial victory.

Roberts expressed disappointment but complimented the judge on his thoroughness in reviewing the case and added that it involved very complex issues.

Tanquary said he just hopes to somehow move on with his life. He said he has not been able to work in the liquor store because he is still so anguished over what happened.

“I have a mental block (toward working in the store),” he said.