Attempted-Murder Trial, Arising From Traffic Quarrel, Set for Jury

A jury is expected to begin deliberations today in the attempted-murder trial of an El Cajon man who admits shooting another motorist after a traffic dispute that began on Interstate 8 and continued into Santee.

Simeon Thomas Berkley, 45, of Joe Crisson Drive in El Cajon, is charged with attempted murder and assault with a deadly weapon in the Feb. 6 shooting of Richard Ray Durkin, 31, of Santee.

Durkin, who is partly paralyzed and now confined to a wheelchair, testified on Friday, the first day of the trial.

Berkley, who is being held in custody in lieu of $500,000 bail, testified on his own behalf Monday morning.

The shooting, which took place at the corner of Bradley and Magnolia avenues, occurred while he was in a “gray” state, Berkley testified.

The altercation began as Berkley and Durkin attempted to merge into the same lane while driving on Interstate 8 near College Avenue. The incident escalated as the two drove their vehicles east into El Cajon and onto California 67.

Berkley said the shooting occurred very quickly after Durkin struck him while he sat in his Toyota truck.

“I think I was half-unconscious,” Berkley said. “Everything was gray. . . . I thought he was going to do me in.”

Berkley, who said he received handgun training in Kern County, testified that he was not absolutely sure what he was shooting at and he did not consider the safety of others who may have been in the intersection.

“All I know is that the gun was pointing in his vicinity,” he said.

Deputy Dist. Atty. Douglas Mooney and defense attorney Tim Chandler will present their closing arguments to the jury today.

If convicted of all charges, Berkley could receive a maximum sentence of life in prison.