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Slaying Defendant Testifies He Tried to End Feud : Courts: Todd Love says he shot Frank Kish in self-defense. Prosecutor says Love felt degraded after losing a fistfight.

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TIMES STAFF WRITER

Minutes before fatally shooting his sister’s boyfriend, Todd Richard Love of Newbury Park tried to patch up his feud with the victim by sharing a six-pack of beer with the man and hugging him, Love testified Monday in Ventura County Superior Court.

Love took the stand for more than two hours at his murder trial as his attorney tried to convince a jury that his client shot 31-year-old Frank Kish last June in self-defense.

But Deputy Dist. Atty. Michael K. Frawley tried to show that Love considered Kish to be “a nerd” and shot the victim in the face and abdomen after Kish won a fistfight between the two on June 20.

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The shooting happened about 2:20 a.m. in a home Love shared with his sister and Kish on San Marcos Court.

Under questioning by his attorney, Deputy Public Defender Robert A. Dahlstedt, Love said he and Kish shared a six-pack of beer and talked over their problems after Kish asked him for a ride to a liquor store.

Love said he felt so inspired by what seemed to be the end of their dispute that as they drank beer at the dining room table, he walked over to Kish and embraced him. Love testified that he wanted Kish to know that he was “part of the family.”

Instead of returning the peacemaking gesture, Kish belligerently rose from the table and began pummeling him, Love testified.

Love, 27, said the attack left him with a bloodied nose and injuries that included wounds to his jaw and throat.

Kish had him pinned to the floor on his back before letting him up, Love testified. Seeing the two men fighting, Love’s sister, Kelly, dialed 911, but the call was disconnected.

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Love then called the emergency line himself and screamed to an operator eight times that he had a gun and was going to kill Kish. A tape of the call was played before the jury Monday.

Love, who did not have a gun in his hands while he was on the line, said he only made the statement about killing Kish so the police could get to the scene faster and protect him.

Kish managed to get the phone away from Love, the defendant said. Love said he went to his bedroom upstairs and heard yelling below between his sister and Kish. He said he also heard his sister’s baby crying.

Love said he tried to call 911 again from the phone in his room, but the phone line was dead. He said he pulled a gun and holster from his closet and headed downstairs with the pistol.

Love said he only wanted to go across the street to a friend’s house and call the police again. The gun, he said, was to scare Kish and prevent him from getting in Love’s way.

Kish met him at the base of the stairs, Love testified. He said Kish ran straight toward him and grabbed his left arm and his right hand, which held the gun.

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“I thought that if he got the gun out of my hand that he was going to kill me,” Love said.

The two struggled for the weapon, Love said, and Kish was shot in the forehead during the fight. At that point, Love said, he tried to aim the gun in the air, over his head, so Kish would not be shot again.

But Kish continued to fight, according to Love. “The second two shots were really quick, one after another,” Love said.

Dahlstedt asked him how he felt after shooting Kish.

“I finally felt relieved from the threat,” Love responded.

Love said he went back to the table where the two had been drinking and rested. Then he headed outside, where he heard sirens. He said he dumped the rest of the bullets from the gun and waited for deputies to arrive.

During cross-examination, prosecutor Frawley suggested that Love shot Kish because Kish had beaten him up. He said Love had often referred to Kish as a “nerd” and implied that the defendant felt degraded because he lost a fistfight to Kish.

Frawley also noted that by all accounts, Kish had voluntarily allowed Love to get up after winning the fistfight, and hence was no longer a threat. The prosecutor said Kish only ran toward Love at the stairs to disarm him.

Whatever the case, Love maintained: “I thought he was going to get the gun out of my hand. I thought he was going to kill me. I thought he would kill me.”

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The case is expected to go to the jury today.

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