Killer of Pumpkin Thief Found Guilty

A Buena Park man accused of killing a teenage neighbor who stole a Halloween decoration from his front porch was convicted Friday of voluntary manslaughter by a jury that concluded the shooting was an accident, not murder.

Prosecutors had sought a second-degree murder verdict against Pete T. Solomona, saying he shot his 17-year-old neighbor in a rage over having his plastic pumpkin stolen. The jury, however, said it believed Solomona’s story that the gun went off by accident.

Jurors, some of whom said they cried during the deliberations, believed in the end that Solomona didn’t intend to kill the teen.

“This was a terribly, terribly tragic accident,” juror Bonnie Livingston said. “I’m very sad for all the families involved in this. My heart just cries out for them.”

Solomona returns to court in July for sentencing before Judge Richard F. Toohey. He faces up to 11 years in prison. Had he been convicted of murder, Solomona would have faced life in prison.

The shooting received national attention, and three successive juries struggled to decide a fair verdict for Solomona. The teen’s family expressed disappointment at the decision but hoped that it will finally allow them to put the events of Oct. 18, 1999, behind them.

“It’s not what we wanted, it’s not what he deserved, but at least we got some justice here today for our son,” said Jon Ketsdever, father of the slain boy.

Brandon Ketsdever was 17 and a popular high school athlete at John F. Kennedy High School. He was pulling pranks with a group of friends one night when Solomona confronted the group in the street outside his home. Solomona, who carried a .357 magnum revolver, told jurors that he was banging the gun against the roof of Ketsdever’s car, trying to get the boy’s attention, when the gun went off. Prosecutors alleged that Solomona fired at Ketsdever in a rage.

Solomona, who is also popular in the neighborhood, sat with his head bowed as jurors read the verdict. His wife, Fui, wiped away tears as bailiffs led Solomona to a courthouse holding cell.

“I was expecting a not-guilty verdict,” she said. “I know my husband is disappointed too. He wants to be with his family.”

Solomona, 51, was convicted of murder at his first trial, but a judge threw that decision out, citing errors in jury instructions. A second trial, in December, ended in a hung jury.

At his third trial, jurors deliberated four days before reaching a decision. Deputy Dist. Atty. Carolyn Carlisle-Raines said the repeated trials made the case difficult to prosecute. “It’s always hard for witnesses to have to come into court over and over again,” she said. “I am glad for the family that there’s been a resolution.”

However, defense attorney Milton Grimes said he would file papers asking for another trial, alleging misconduct on the part of prosecutors and disagreements over jury instructions. Grimes said the misconduct involved argumentative behavior and mischaracterization of facts--charges that a prosecutor called “ridiculous.”

“I and the family were clearly expecting a not-guilty verdict,” Grimes said. “Pete Solomona did not commit a crime; he committed a mistake in judgment.”

Prosecutors said that even if Solomona had not intended to kill Ketsdever, he showed criminal intent by confronting the boy with a loaded weapon.

Unlike previous juries, panelists on Friday said they avoided taking informal polls during deliberations for fear that jurors would cement their opinions and “dig in their heels,” jury foreman Richard Sellers said.

Although jurors felt that Ketsdever’s death was an accident, that was not the basis of their verdict. Their instructions asked them to consider whether Solomona’s actions were so dangerous that they could be expected to cause death.

“Nobody on that group felt that he intended to kill Brandon Ketsdever or that he wanted to kill Brandon Ketsdever,” Sellers said.

In the wake of the shooting, Ketsdever’s parents, Jon and Jessie, have separated, and relatives say it has been all but impossible for them to move on with their lives. “We’ve all been living in hell,” said Jeff Ketsdever, the boy’s uncle.

Solomona’s family said they too have suffered. “It’s been very difficult. His family wants him home,” Fui Solomona said of her husband. “It’s been difficult financially too. My husband has lost his job, and we’ve lost our home.”