Judge Voids Conviction in Pumpkin Thief’s Slaying

A high-profile Orange County murder case ended in an uproar Friday after a judge issued a surprise ruling that his own jury instructions were inadequate and that the defendant--charged with killing a teenager over a stolen Halloween pumpkin display--deserves a new trial.

The decision in the case of Buena Park homeowner Peter Solomona prompted an angry exchange between the families of the suspect and the victim, Brandon Ketsdever, who was 17.

A jury in December convicted Solomona of second-degree murder for shooting Ketsdever in the head with a .357 magnum revolver during a heated confrontation over a 2 1/2-foot plastic pumpkin. They held that Solomona fired the gun but did not intend to shoot it.

But Superior Court Judge John J. Ryan concluded that the jury’s verdict was fatally flawed. He blamed himself for not adequately explaining to the panel that in order to find Solomona guilty of second-degree murder, it had to conclude that the defendant “appreciated the risk” of pointing the gun at Ketsdever.

“The jury was confused with the law on the case . . . and this court had the duty to [provide clarification],” he said.

Ryan did express strong doubts about Solomona’s account of the incident, saying that he would eventually be convicted of a crime. But he found that he posed no flight risk and allowed his release on $250,000 bail.

Ketsdever family members were outraged. Jessie Ketsdever, the teenager’s mother, had to be pulled from the courtroom, but not before turning and yelling at Solomona relatives and friends.

“Love a child murderer,” she said. “I hope you all sleep well.”

“We will,” replied one woman.

Anticipating possible physical confrontations, several bailiffs stood watch between the families and guided them out of the courtroom at different times.

Outside the courthouse about 20 Solomona family members huddled in prayer and said they looked forward to sharing dinner with him. “There will be lots of hugs, lots of kisses and lots of smiles,” said daughter Talia Solomona.

Mark Werksman, Solomona’s attorney, said there are no winners in the judge’s decision. “A young boy is dead. Peter Solomona’s life is in ruins. This is not a time to gloat or proclaim victory. Nor is it a time for the Ketsdever family to feel despair,” he said.

Solomona cracked a small smile at family members after the decision, but otherwise showed little emotion. A short, barrel-chested man, Solomona has lost weight and his hair has grayed considerably during his two-month incarceration. He was expected to be released Friday evening.

While the ruling gave new hope to Solomona’s family, relatives of the victim said it compounded their own grief.

“That this man should get off and get a new trial for shooting my brother in the head is an outrage,” said Danielle Ketsdever, Brandon’s sister.

The shooting occurred when Ketsdever and two friends were pulling pranks on the night of Oct. 18, 1999, and swiped Solomona’s pumpkin from his front porch. Minutes after speeding off in Ketsdever’s car, one of the teenagers threw a paper wad at another car. That car gave chase and eventually stopped the teenagers, by coincidence, in front of Solomona’s corner house.

Solomona had just pulled into his driveway after searching unsuccessfully for the teenagers. Gripping the .357 magnum revolver, he approached the teenagers and demanded his property. Moments later he pointed the gun at the teenager and the gun went off.

The key question for jurors at the four-day trial: Did Solomona intend to pull the trigger?

Solomona claimed the death was a tragic accident, that the gun discharged after his hand bumped the car door. Prosecutors argued that Solomona acted deliberately and at the very least was reckless by pointing the gun at the teenager.

Jurors decided that Solomona’s actions were not intentional, but that he was guilty of second-degree murder because he showed reckless disregard for human life. Solomona, a 49-year-old grandfather who had never been in trouble with the law, faced a 15-years-to-life prison term.

But the judge, in one of his last acts on the bench before he retires, said the verdict must be set aside because jurors did not understand a key legal concept: that to hold Solomona guilty of murder they had to find that he was fully aware of the danger of pointing the gun at the youth’s head.

During deliberations, jurors requested guidance and examples illustrating the nebulous concept, according to defense attorney Werksman. The judge refused to provide examples, he said, because attorneys feared they could bias jurors. But it is not clear why the judge chose not to provide additional explanations on the legal issue.

Werksman said the judge’s ruling has seriously damaged the prosecution’s case. Because jurors found Solomona not guilty of first-degree murder and not guilty of intentionally discharging a firearm, he said, prosecutors cannot refile those charges.

Prosecutors, who have not decided whether to refile the case, expressed disappointment with the judge’s decision but would not elaborate. They said they may appeal the decision.

A pretrial hearing is scheduled for March 16.