Pine Canyon Tragedy

[montezumawell]

We suspect that many readers are familiar with what we're calling "The Pine Canyon Tragedy."

In short: In May 2004, a hiker is allegedly beset by two dogs. He allegedly shoots toward them. The dogs' owner allegedly charges the hiker, allegedly yelling one or more death threats. The hiker allegedly shoots the individual. The individual dies. A Coconino County Grand Jury indicts the hiker. Various legal proceedings transpire since then.

Today's Arizona Republic (March 25) carries the latest news in this case. Sicne it is likely that this case will continue in the "public eye," so to speak, we figured we'd bring the topic back up to front and center here on HAZ.

Here is the link to the latest story:

(dead link removed)

You can also get some more of the background by Googling various permutations of "Pine Canyon trail shooting" etc.

It is, indeed, interesting that the Judge noted the discrepancy on the speed of the deceased. One report we read supposedly indicated he was doing 8 miles per hours. Hum...that's about the median speed of most people who regularly run in 10K races. That's pretty danged fast. We've also read that the deceased supposedly had the "uphill" advantage on the shooter--in other words, he was allegedly running downhill, supposedly yelling his alleged threats or whatever.

If you've hiked that trail, you know the steep part is somewhat "Grand Canyonesque" in its switchbacks through the sandstone. Even though news reports are vague as to the exact location of the shooting, we deduce it had to be the switchbacks because they are in Coconino County. Anything South of there would be in Gila County as the county line pretty much sits on the edge of the Rim.

Well, we'd anticipate that several of you HAZ "regulars" will have some opinions to express. Therefore a note of "decorum" and legalities is in order. We suggest you use the words "supposedly" and/or "allegedly" or some other conditional synonym when refering to any supposedly guilt or action in this case. It is MUCH to wide open of a case to risk getting you or Joe sued over some statement that might wind up in discussion here.

Yes, it is a most compelling case to follow--just be careful "HOW" you say what you say about it and your opinions. Okie, dokie?

J&S

[fairweather8588]

Jul. 21, 2009 06:50 PM
The Arizona Republic
Though his legal ordeal is not over, a retired Tolleson teacher whose murder conviction was overturned walked out of prison Tuesday to hugs from his family after serving three years of a 10-year sentence.

Harold Fish, 62, left the Arizona State Prison Complex-Lewis near Buckeye where he was incarcerated for the fatal shooting of Grant Kuenzli, 43, on a forest trail north of Payson in May 2004. Fish claimed self-defense, and there were no witnesses.

As Fish was being set free, the Arizona Attorney General's Office announced plans to challenge the Arizona Court of Appeals ruling last month that overturned Fish's second-degree murder conviction. The Attorney General will ask the Arizona Supreme Court to review the case, said Steve Wilson, a spokesman for Attorney General Terry Goddard.

“We disagree with the Court of Appeals' decision, particularly its ruling that the trial court should have allowed testimony about other acts of violence by the victim that were unknown to the defendant at the time of the killing,” Wilson said in a prepared statement. “We hope the Arizona Supreme Court will grant a review and uphold the jury's verdict.”

Fish's self-defense case has rippled through Arizona's legal and political arena and drawn national attention. It led to a change in Arizona's self-defense law, putting the burden of proof in such cases on the prosecutor.

The Arizona Supreme Court review could restore the Coconino County Superior Court jury verdict or choose to let the appellate court decision stand.

Fish will remain free while that is decided.

Fish was greeted late Tuesday morning with hugs outside the prison by his wife, Debora, and six of their seven children.

Fish picked up his youngest daughter, Marian, 5, who said, “Daddy, can we go fishing?”

Fish, dressed in jeans, black cowboy boots and a blue plaid shirt, held a short news conference, describing how it felt to be walking out of prison:

“Of course (I feel) joy and elation, but a sense of sadness … that three years of my life were wasted and taken when they shouldn't have been.”

Fish said he was looking forward to having a good meal for the first time in three years. To Kuenzli's family, Fish said: “I'm sorry. I never wanted to shoot him or anybody else … I wish he hadn't forced the issue.”

Fish was completing a hike May 11, 2004, when he encountered Kuenzli and Kuenzli's snarling dogs. He fired a warning shot that scared away the dogs, but then Kuenzli charged at him, Fish said.

The Arizona Court of Appeals, in overturning the jury verdict, said that the Coconino County Superior Court Judge Mark Moran erred by not allowing testimony about previous acts of violence involving Kuenzli. Debora Fish said she was not surprised that the Attorney General was appealing the appellate decision.

“He gets to come home, but the fight isn't over yet,” she said. Kuenzli's sister, Linda Almeter in Quincy, Ill., said she was unhappy that Fish was set free, saying he never took responsibility for his violent actions.

“My brother can never reclaim his life,” she said, adding that his character has been maligned by “Internet assailants” writing in online message boards about the shooting.

“Now that Mr. Fish is out of prison, I hope they will let my brother rest in peace,” Almeter said. “He's been dead for five years.”

[Jeffshadows]

“We disagree with the Court of Appeals' decision, particularly its ruling that the trial court should have allowed testimony about other acts of violence by the victim that were unknown to the defendant at the time of the killing,”

FWIW, I have to agree with this. He should simply rest on the contention that he was in fear of his life at that very moment and leave it at that. Anything more is a distortion of the facts...

[JimmyLyding]

I wonder if the state legislature would have changed this law were Harold Fish a Mexican immigrant?