MANSLAUGHTER CONVICTIONS FOR 2 EX-CONS OFFICIALS SAY VICTIM DIED DURING DISPUTE OVER DRUGS.Byline: KAREN MAESHIRO Staff Writer LANCASTER -- Two ex-convicts were acquitted Monday of second-degree murder but convicted of voluntary manslaughter The examples and perspective in this article or section may not represent a worldwide view of the subject. Please [ improve this article] or discuss the issue on the talk page. in the slaying of a man in his Lancaster home over what authorities said was a drug dispute. The trial was the second for Dwayne Harris and Kyle McCombs, who were accused in the January 2005 slaying of 22-year-old Eddie Ray Wheston. Wheston was shot dead in the kitchen of the home he shared with his mother in the 800 block of West Avenue H-14. The first trial ended in mistrial A courtroom trial that has been terminated prior to its normal conclusion. A mistrial has no legal effect and is considered an invalid or nugatory trial. It differs from a "new trial," which recognizes that a trial was completed but was set aside so that the issues could be when Antelope Valley This article is about the Los Angeles County region. For the census-designated place in Wyoming, see Antelope Valley-Crestview, Wyoming. The Antelope Valley Superior Court jurors acquitted the two men of first-degree murder. Eleven of the jurors voted to convict To adjudge an accused person guilty of a crime at the conclusion of a criminal prosecution, or after the entry of a plea of guilty or a plea of nolo contendere. An individual who has been found guilty of a crime and, as a result, is serving a sentence as punishment for the act; the pair of second- degree murder while one held out for manslaughter. Deputy District Attorney Robert Sherwood noted that the victim was holding a firearm firearm, device consisting essentially of a straight tube to propel shot, shell, or bullets by the explosion of gunpowder. Although the Chinese discovered gunpowder as early as the 9th cent., they did not develop firearms until the mid-14th cent. and there was some type of struggle that preceded the shooting. "I'm a little disappointed but I think it was a fair verdict," Sherwood said. The jury deliberated about four hours over two days. McCombs and Harris, who both have prior convictions, are scheduled to be sentenced May 31. McCombs faces up to 24 years in prison; Harris faces 13 years, Sherwood said. The shooting occurred after Wheston, Harris and McCombs argued at Wheston's home, sheriff's deputies said. At some point, the three walked into the kitchen, where investigators believe McCombs and Harris began shooting at Wheston. The two assailants fled through a rear kitchen door and sped off in a silver SUV that was found later in San Bernardino San Bernardino, city, United States San Bernardino (săn bûr'nədē`nō), city (1990 pop. 164,164), seat of San Bernardino co., S Calif., at the foot of the San Bernardino Mts.; inc. 1854. County. Six days after Wheston's death, McCombs was arrested in Pasadena in an unrelated case on suspicion of burglary and possession of a handgun, officials said. The murder charge was filed later. Harris was arrested in October 2005 in Philadelphia by the FBI after sheriff's homicide detectives obtained information that he was hiding there. McCombs had been convicted at age 18 of vehicle theft and later of assault with a deadly weapon Assault with a Deadly Weapon is the term used to describe the act of threatening to harm one or more people by using a weapon (usually a firearm). Here, assault must be differentiated from battery as they are often confused. Assault is threatening to use force. . He was released from state prison six months before Wheston's death. Harris, who had a 2001 drug conviction, was on parole from prison when Wheston was killed and had stopped reporting to his parole officer, detectives said. karen.maeshiro@dailynews.com (661) 267-5744 |
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