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Criminal Law Keyed to Kennedy
South Dakota v. Lyerla
Citation:424 N.W.2d 908 (1988)
Three teenaged girls, in a truck, and the defendant were traveling in the same direction. The vehicles passed each other a few times. At one point when the defendant tried to pass the girls, their truck accelerated so that he could not overtake them. The defendant decided to leave the interstate. When he exited, the truck pulled to the side of the road near the entry ramp. The defendant loaded his pistol, reentered the interstate and passed the truck. When the girls attempted to pass him, he fired at the passenger side of their truck. One was killed and the two others were injured.
At his trial, the defendant told the jury that the teenagers were harassing him to such an extent that he feared for his life and fired the shots to disable their pickup. The two girls gave a different rendition of the events leading up to the shooting, but the prosecutor conceded in closing argument that they were “trying to play games” with the defendant by not letting him pass.
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