D.A. to Seek 3rd Trial in Teen’s Killing Over Pumpkin Theft

A Buena Park man will be tried a third time on murder charges in the 1999 shooting death of a teenager he said stole a Halloween decoration from his front porch, prosecutors said Friday.

Peter Solomona, who remains free on $250,000 bail, left the courtroom teary-eyed after Orange County Superior Court Judge Richard Toohey set an April 29 trial date.

“It’s a disappointment that we have to go through this again,” said Solomona’s attorney, Milton Grimes of Newport Beach. “It was an unfortunate accident. I don’t think Mr. Solomona is a criminal, and he doesn’t belong in prison.”

Prosecutors allege that Solomona fired a .357 magnum revolver at Brandon Ketsdever, striking the 17-year-old in the head, after accusing him of stealing a plastic pumpkin from his yard. At trial, Solomona insisted that the gun went off accidentally after he banged his arm against the door of Ketsdever’s car.

Deputy Dist. Atty. Carolyn Carlisle-Raines said Solomona put the gun to the boy’s head and said he would “blow his brains out,” then cocked the gun before it discharged. Carlisle-Raines would not comment on the case Friday.

In December 2000, Solomona was convicted of second-degree murder but acquitted of personally using a firearm. A judge overturned the conviction, saying the jury received incorrect instructions.

In a second trial, jurors deliberated four days this month before announcing that they could not agree on a verdict. Toohey then declared a mistrial.

Brandon’s mother, Jessie Ketsdever, said Friday that sitting through a retrial will be hard, but “it can’t be as difficult as what my son went through. Whatever it takes to get justice.”

Grimes said prosecutors offered a plea bargain, but it was rejected because it would have required Solomona to serve time in state prison. The lawyer would not give details.

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The Associated Press contributed to this report.