Appeals Court Reverses Shooting Verdict

The 4th District Court of Appeal has unanimously reversed the 1995 conviction of a Gulf War veteran who nearly ran over a dog then shot a neighbor who chased him down after the incident on Dec. 12, 1994.

Ernest Wayne Addington, 44, went on trial for attempted murder and attempted voluntary manslaughter last spring after shooting Timothy Benson in the hip as Benson followed him in his car down a street in Trabuco Canyon.

It was later learned that Benson was under the influence of methamphetamine when the confrontation occurred. Addington’s attorney, Kevin McDermott, argued that his client--a retired Marine--feared for his life when Benson came chasing after him and fired his gun in an effort to scare him off.

In March 1995, a jury acquitted Addington of attempted murder and manslaughter charges but convicted him of assault with a deadly weapon. He was sentenced to one year in jail. He had been out on bail pending appeal.

McDermott argued that the jury should not have been instructed on assault with a deadly weapon because it was not something that “naturally flowed” from other charges.

The appellate court, in its Wednesday ruling, agreed and reversed the decision.

“They did the right thing,” McDermott said.