ACQUITTAL MAY NOT BRING MAN BACK TO U.S. : WEAPONS SENTENCE COULD BAR ARMENIAN'S RETURN.

Byline: Jaxon Van Derbeken Daily News Staff Writer

An Armenian national who fled to Armenia and was acquitted there of a 1994 slaying in the San Fernando Valley wants to return to the United States, but authorities say new U.S. restrictions might bar him based on a weapons conviction.

Khatchatur Tonoyan was formally acquitted in Armenia on July 10 of allegations of murder and attempted murder in the March 7, 1994, slaying of his wife's uncle, Khatchatour Abouchian, 47, and the wounding of two other men in a Winnetka parking lot, Los Angeles police and prosecutors said.

An Armenian court determined that Tonoyan acted in self-defense and found him not guilty of murder and two counts of attempted murder, but convicted him of a felony weapons violation July 10.

After written statements from witnesses recorded by Los Angeles police were provided to the court, it was determined that the Tonoyan had acted to defend himself, authorities said.

On Aug. 15, Tonoyan will complete the one-year jail term he is serving for illegally carrying the semiautomatic pistol used in the confrontation in a mall parking lot.

Officials here already have dropped the local murder and attempted murder charges against him in light of the verdict in Armenia.

Tonoyan's attorney said the 25-year-old man is entitled to return to the U.S.

``We are working on that at this time,'' said Fariborz Rouzbehani of Glendale. ``He is a permanent resident. As a permanent resident he is entitled to a waiver. It's not up to the police, it's up to immigration authorities.''

But Los Angeles District Director Richard Rogers of the Immigration and Naturalization Service said the Anti-terrorism and Effective Death Penalty Act of 1996 would likely bar Tonoyan's return to the U.S.

``His conviction outside the United States renders him excludable - when there's a conviction for the crime that renders him excludable,'' Rogers said.

Police said that they are satisfied with the outcome of the case.

``We knew self-defense was going to be an issue,'' said Detective Rick Swanston of West Valley police. ``Had he come into the station 10 minutes after the shooting, he would probably never had gone through this.''

On July 10, Tonoyan was found guilty of illegally obtaining and carrying a weapon, a semiautomatic pistol, Swanston said.

Deputy District Attorney Larry Diamond said the prosecution had to be dropped under California law, because a local case is precluded under the double jeopardy provision. He said American officials reviewed the findings of the Armenian court and then withdrew the outstanding murder warrant accordingly.

``He has been acquitted of murder,'' Diamond said. ``I withdrew the warrant when we got notified.''

The shooting occurred at a pre-planned gathering of families to work out a divorce in the parking lot of a shopping center at Winnetka Avenue and Sherman Way.

During the talks over the divorce of the suspect and his wife, Susanna, an argument ensued. Police say Tonoyan opened fire and killed Abouchian, of Los Angeles.

Also wounded was 50-year-old Akop Topachikyan of Los Angeles, who was shot in the chest. Telman Babayan, 49, of Northridge - who was Tonoyan's father-in-law - was shot in the hand.

Topachikyan and Babayan have recovered from their injuries.

Abouchian died at Northridge Hospital Medical Center following the shooting.

Swanston said the shooting occurred following a dispute over how the suspect, Tonoyan, had treated his wife.