Couple Say Man Threatened Teen Before Killing Him

A Buena Park couple testified on Tuesday that homeowner Peter Solomona threatened to kill a teenage prankster moments before shooting him in the head, the strongest evidence so far in a murder trial that hinges on whether Solomona’s actions were intentional.

Solomona claims that he accidentally fired his .357 magnum revolver at 17-year-old Brandon Ketsdever, a high school senior he suspected of swiping his plastic pumpkin display from his front yard. His attorney has portrayed Solomona as a kindly, churchgoing grandfather who does not have a violent temper.

But the couple, Andie and Clint Kerbaugh, said Solomona was agitated and angry when he approached the teenager’s car before the shooting. Andie Kerbaugh said Solomona waved the gun in the air, demanding to know where his property was. Then he lowered the gun to Ketsdever’s temple.

“He said not to [mess] with him because he’d blow his . . . brains out,” said Andie Kerbaugh, who often broke down in tears during her testimony. “I hear it [the threat] every night before I go to bed.”

Clinton Kerbaugh recalled Solomona told the teen “he’d blow his brains out . . . then he cocked the hammer and it went off.”

The testimony could prove pivotal in a case centered on whether Solomona fired deliberately. Prosecutors contend that last year’s shooting was premeditated, and if the seven-man, five-woman jury agrees, Solomona could be convicted of first-degree murder.

If the jury finds the shooting accidental, Solomona could still be convicted of second-degree murder or manslaughter, or he could be acquitted. Solomona has been free on $250,000 bail.

The chain of events on Oct. 18, 1999, unfolded when Ketsdever and two of his friends stole the plastic pumpkin and sped off in their car. Minutes later, the teens got into an altercation with the Kerbaughs, who were in another car.

Clint Kerbaugh eventually cut the teenagers off, by coincidence in front of Solomona’s house. The Kerbaughs, who witnessed the shooting from inside their car, said they were about seven feet from Solomona when he confronted the teenager.

In grisly detail that caused one member of the Ketsdever family to leave the courtroom sobbing, the couple described the teen’s last moments. They said he was so stunned at having the gun pointed at him that he couldn’t speak.

“His mouth was hanging open like he didn’t know what to do,” said Clint Kerbaugh.

Seconds later, Andie Kerbaugh said she saw the blue flash of gunfire, and saw Ketsdever slump forward, bleeding from his head.

The shooting seemed unreal, she said. “I expected them to get out of their car and high-five each other and say, ‘That was a cool prank.’ ”

Defense attorney Mark Werksman has focused his cross-examinations on inconsistencies in witness statements. He has also asked about Solomona’s reactions after the shooting, seeking to bolster his case that Solomona was shocked when the gun went off.

Some eyewitnesses have testified that Solomona seemed surprised after the shooting.

“It looked like he couldn’t believe what he just did,” said one teenage witness.

Clint Kerbaugh said Solomona looked shaken. “His eyes were watering like he was upset,” he said. “He looked surprised.”

Solomona is expected to testify later this week.