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09-20-2016, 12:55 PM
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Payson Man Shoots Neighbor Over Dog In His Yard
A Payson, Arizona retiree fatally shot his neighbor with a Glock pistol in November 2013 after the neighbor's dog wandered into his yard, and was later convicted of manslaughter for the killing, according to court records and news accounts. Gila County prosecutors said Michael Alan Voden, then 72, called 911 on Nov. 9, 2013, to report a dog in his yard. Despite a dispatcher's instructions to stay inside, Voden walked outside while still on the phone and was recorded saying, "Get this, get this [expletive] dog out of my yard right now." He then shot his neighbor, Randall "Randy" Burnett, four times in the chest and back. Burnett died at the scene. Burnett's wife testified at trial that her husband had his hands raised and was not threatening Voden when he was shot. Voden testified he believed Burnett was moving to grab his gun and that he fired in self-defense. Voden was indicted on a charge of second-degree murder on Nov. 13, 2013, days after the shooting. He was initially held on a $1 million bond, which was later reduced to $200,000, and was released from custody in December 2013 to await trial, according to Gila County court records. A jury in Gila County Superior Court deliberated a little more than four hours before convicting Voden of manslaughter, a lesser offense, on May 29, 2015, following a six-day trial. Jurors acquitted him of second-degree murder but were instructed on heat-of-passion manslaughter. Judge Gary V. Scales sentenced Voden, then 73, to 17 years in prison that August. Voden appealed, arguing the trial court had wrongly excluded evidence about the Payson Police Department's use-of-force policy and improperly limited his cross-examination of witnesses. The Arizona Court of Appeals rejected those arguments and affirmed the conviction on Sept. 6, 2016.
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