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Wells convicted of involuntary manslaughter in Shull death PDF Print E-mail
Written by Elizabeth Larson   
Wednesday, 12 September 2007
LAKEPORT – A teenager accused of the March 2006 stabbing death of a Clearlake man was convicted Tuesday morning of involuntary manslaughter.


After two hours of deliberations, a jury found Bruce Emerson Wells, 19, guilty of involuntary manslaughter in the death of 54-year-old Vietnam veteran Samuel Shull, reported Wells' attorney, Roy Miller of Santa Rosa.


Wells, who was a few months shy of turning 18 when the stabbing took place, was tried as an adult in the case, after a fitness hearing last year found him unfit to be tried as a juvenile, according to Deputy District Attorney David McKillop.


The confrontation that led to Shull's death took place on a Friday night – March 24, 2006 – outside of Shull's 33rd Avenue home, according to the police reports.


Wells and six other minors ranging in age from 14 to 19 were at the Shull home for a party, said Miller.


At the party was a half-gallon of brandy and 48 beers. Miller said several witnesses testified that Shull and his stepson, Jacob Rines, brought the liquor there. McKillop said testimony conflicted on just who actually did bring the alcohol, whether it was Shull or another adult named “Herb.”


The alcohol proved to be a critical factor in how the evening unfolded.


Wells and the other teens, who had known each other for some time and were friends, were drinking and partying in the home's living room, said Miller, while a number of adults were in another area of the home.


“The testimony at trial revealed that most of the kids were drinking heavily,” said Miller, a statement with which McKillop concurred.


A quarrel started after a teen at the party, Joshua Carter, playfully “goosed” Wells while trying to walk around him, Miller said.


Eventually the argument died down but Samuel Shull's wife, Linda, asked Wells to leave, said Miller.


Confrontation and death


Miller contends Wells did leave, although both he and McKillop reported testimony from witnesses that Wells stayed outside the home, yelling and pacing before throwing a softball-sized rock at the home's front door.


Wells then began walking down 33rd Avenue in the direction of his home, said Miller, followed by Shull, who went out into the rainy night wearing a pair of jeans and bedroom slippers but no shirt.


Why Shull followed Wells isn't clear, but both sides agreed that the two had a confrontation down the street, which no one heard.


The result, said Miller, was that Wells stabbed Shull once with a three-and-a-half-inch long fixed blade knife.


Said McMcKillop, “Our feeling is, that there was good, strong evidence that he (Wells) drew the victim out and stuck him.”


Shull then walked to the corner of his property and collapsed, said Miller.


Witnesses testified that they began screaming at Wells, who came back to the front yard. There, Shull's stepson, Jacob Rines, hit him more than once over the head with a 5-foot-long walking stick, which Miller said caused a significant head injury.


Both Shull and Wells were transported to Redbud Hospital, said Miller, where Shull was pronounced dead on arrival in the early morning hours of March 25, 2006.


Wells, who had bleeding into his brain from the blows to the head, was transported to Santa Rosa Memorial Hospital for treatment, said Miller.


McKillop and Miller both reported that Shull's autopsy revealed he had a blood alcohol level of .30, while Wells had a blood alcohol level of .19 coupled with marijuana.


Investigation and trial


The witnesses in the case weren't interviewed until three days afterward, both sides reported.


“You have to interview people as soon as possible,” said Miller. “They didn't.”


McKillop defended Clearlake Police's actions. “That night the scene was very chaotic and it was pouring down rain, so they wanted to preserve the physical evidence,” he said.


Police tried to set up interviews at the hospital after everyone had been checked out, but by the time police arrived at the hospital, everyone had left, said McKillop. Police found many of the teen witnesses at school the following Monday.


In a murder case, the degree isn't charged, said McKillop, although the jury can choose a degree in making a conviction. He said the District Attorney's Office felt the case was close – between second-degree murder and manslaughter – but they were looking for the higher murder charge.


For murder, McKillop explained, “You have to be able to form a certain intent, and being intoxicated can make it tougher to form that intent.”


Miller said Wells' consistent testimony was that he did not remember the confrontation with Shull, or for that matter anything after the argument with Carter. He said he presented testimony at court about how head injuries can cause that type of memory loss.


Wells, said Miller, “had no history of violence like this.”


McKillop and Miller both confirmed that Wells had contact with police as a juvenile, but those records are sealed and could not be used in this case.


Miller said he believed the conflicting, sometimes changing testimony of some of the witnesses led the jury to their verdict.


In particular, he pointed to the testimony of Jacob Rines and his sister, LeeAnn, who he said made statements on the stand that didn't match what they told police. Jurors pointed out that testimony to him as problematic, said Miller.


Miller accused Jacob Rines of witness tampering for having admitted that he told other witnesses what to say and, in particular, that they should say it was Wells who brought alcohol to the party.


Miller said he presented information to the District Attorney's Office in February regarding his allegations against Rines for witness tampering, which his investigator, Gary Hill, unearthed.


The District Attorney's Office declined to take any action, said McKillop, because it was neither dramatic nor pertinent information.


The jury's decision Tuesday, said McKillop, means that they found no malice in Well's actions.


Miller said he was thrilled with the verdict in the case, which is a tragic one.


“It's tragic that Sam died, but it's also equally tragic that he forced the confrontation,” said Miller.


Alcohol at the root of the incident


Both McKillop and Miller agreed that the case illustrates one vital point – teenagers shouldn't drink.


McKillop, who specializes in alcohol-related cases, particular those involving drinking and driving, said teens don't have the physical ability to handle alcohol, nor the life experience and judgment to make good decisions about alcohol use.


“What happened that night happened because of alcohol on both sides,” said Miller. “No parent should be allowing kids to drink in their home. It's insane.”


When Wells returns to Superior Court's Department 3 for sentencing at 8:15 a.m. Monday, Oct. 15, Judge Arthur Mann will have sentencing options ranging from probation to a maximum of five years in prison, said Miller.


The case now goes to the Probation Department, which will interview Wells and make a suggestion on how he should be sentenced, Miller added.


Because he's now 19, and he was tried as an adult, Wells would serve time in an adult facility, McKillop said.


E-mail Elizabeth Larson at This e-mail address is being protected from spam bots, you need JavaScript enabled to view it .


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Account For This One Please
written by calcuby, September 12, 2007
Five years in prison for stabbing someone to death? How many years experience did this prosecutor have? How many murder cases had he done prior to this one? The district attorney has some answering to do and the public and the family of the victim have a right to know. Lake County - your district attorney has failed to give you justice once again. If the kid was in a car and drove drunk and killed this man he would have faced more time in prison than he is looking at now.
...
written by sstacinator, September 12, 2007
Lake County DA did fail really bad on this one
Witnesses were interviewed
written by clkcitizen, September 12, 2007
It is my understanding that all the witnesses were actually interviewed that night on scene before they were released and that "official" statements were not obtained until later. The article makes it sound as if law enforcement didn't even bother to question anyone about what had happened. Everyone at the scene gave the same story to officers on what had happened....if the stories were made up, it was done before officers got there that night.
Can\'t help but wonder
written by Donna Christopher, September 12, 2007
what would have happened to this kid had he left the party, gotten into a car and killed someone else that evening. Were any adults held responsible for providing alcohol to minors? Perhaps one of the providers paid the ultimate price. Had the "what if" scenario occurred you can bet the cops would know who provided the booze.
Lots of lives ruined because someone had to be cool and let minors party. More than one person is culpable in this mess and I hope the Judge takes that into consideration.
Only in Lake County
written by Tony, September 12, 2007
Phew! The news out of Lake County is of great discussion here in Santa Clara County. A teenager stabs an adult to death and it is found to be involuntary manslaughter by a jury?

Only in Lake County. :roll:
Clue in People
written by lakecodude, September 13, 2007
No adults were prosecuted for providing all the booze at the party, a buddy at Clearlake Police confirmed that. No one was prosecuted either for witness tampering-at least one prosecution witness was involved..that likely had a bearing as well on the verdict.

After looking up the law on involuntary manslaughter, a couple of points come to mind: No matter when the statements were taken, folks lied at trial..there must have been a reason for that; also involuntary manslaughter means the jury found the killing to be accidental.

Theres a lot more to this case then the article told us.
...
written by sport58, September 13, 2007
Remember juries hear all the evidence, not just bits and pieces through the media. Deliberations take into account all evidence and the strict definitions of law. As for “only in Lake County”, remember that Lake County has become a bedroom community for Sonoma and Napa counties and many of your jurors are professional people that work in other communities. This verdict could have been reached in any county if it was based on the evidence and the law, not emotions and suppositions.
Sport58 is right on
written by lakecodude, September 13, 2007
Its funny how folks like sstacinator and tony make wild assumptions w/o a clue as to what actually took place in court. Anyone hear of self defense? Anyone hear of accidental deaths?

Obviously issues like that can make what "seems to be obvious" to be anything but.
But one thing is clear
written by calcuby, September 13, 2007
This guy stabbed someone to death and is going to jail for five years. So the moral of the story is drink lots of alcohol before you stab someone?? This is not justice in any sense of the word.

But, it is nice to see that the lake county district attorney office employees have had their chance to comment and post their insight. Maybe they should spend less time doing that and more time preparing their cases and maybe then they can get more than five years for killing someone? Just a thought.

Also, what about the district attorney in this case? How many murder trials had he done? How many years experience? We want to know. Did our elected official put a new district attorney on this serious case and let down the family of the victim? Anyone know??
More To It
written by lakecodude, September 13, 2007
This was Mr. McKillop's first murder case. I'm only guessing but he has somewhere between five to ten years experience. Folks tell me he came from Tulare County.

The moral to the story calcuby is that killing someone is not necessarily murder. That's why they have the manslaughter laws on the books.

Oh and calcuby, before you throw rocks at the DA on the case, you might find out more about this Sam Shull and his family, its pretty bad-even by Clearlake standards.
calico
written by calcuby, September 13, 2007
Right, thank you. Revised moral of the story: it is ok to kill someone if you drink lots of alcohol first and the victim is "bad by Clearlake standards."
LOL calcuby
written by lakecodude, September 14, 2007
Sounds like you are into simple stories with one line sound bites. Obviously its not ok as the jury convicted Wells of a felony. Cases like this aren't always as clear cut as folks like you would like.

Alcohol didn't necessarily factor in the verdict. Nothing in that crime requries alcohol to be involved and it's simplistic to assume that drinking was the main factor.
can\'t change the fact
written by calcuby, September 14, 2007
that he stabbed a fellow to death and is facing only five years. Are you telling me that the district attorney did not argue for first degree murder? Come on. You need to wake up and smell the roses here. A man died. You may not like his type, but he was a human being nonetheless. If it was something short of murder, it should have been disposed of before the trial. Let's face up to the fact that there is not justice in this case. Let's face up to the fact that the district attorney is failing this county. When do the people of the county decide that enough is enough with this. It is ok to shoot black people in the back. That case is not justice either. It is ok to run over sailboats. Since you seem to really like my sound bites, try those on for size. I will wait for you to answer back, 'cause you always do seem to answer back. :twisted:
Easy Tex
written by lakecodude, September 14, 2007
I've done some checking today to find out more scoop with folks. Apparantly there were attempts by Wells' lawyer to resolve the case before trial. The DA wouldn't discuss settling the case. That would be the first failing. I've heard that most cases settle before trial; that way both sides reach what they think is a fair settlement. Grats to the DA for not even discussing things.

The DA did argue for first degree murder but the jury was not about to buy that argument. Lying witnesses and witness tampering don't make good impressions would be my guess.

The man that died should not have died, that is true. Blame the laws of this state for the fact that it can be punished many different ways-depending on the facts.

You mentioned shooting black people in the back...that trial is going to be crazy. You think there were issues with this case, just wait for that one. Of course the DA Jon Hopkins is on that case.

The same DA that was on this case (McKillop) is on that boat case. I agree that the boat case is an absolute sham. To say the guy who was at the tiller of the sailboat should get manslaughter is a joke. That boat was going almost 50mph, how is a sailboat (who has the right-of-way) going to get outta the way.

I should not have blamed the victim as much as it appeared but its just that there are things he did that brought about his own death that weren't in the article if the Clearlake Police dude I know is to be believed.
damned if you do
written by swift, September 14, 2007
Why do people feel entitled to express opinions about matters they know nothing about? Is there some concrete, objectively verifiable circumstance to which anyone can point which establishes that the DA's office in some manner performed ineffectively? How did Mr. McKillop fail, if he failed? Is there evidence which was admitted which should have been excluded? Was there evidence not admitted which should have been? Is it possible that given the circumstances of this case the DA decided to allow a jury to determine the nature of the offense? Had the DA pled Wells out to an involuntary before trial would anyone be happy? You sea monkeys make me sick.
And you call yourself
written by calcuby, September 14, 2007
"swift." None of that matters all that much when you go back to the fact that the fellow killed a man and is facing five years in jail. Do the technical bits matter that much to the family of the deceased, one wonders? The district attorney failed terribly and is failing again and again and again. Does our county need the negative publicity that goes along with this type of garbage (or the men shot in the back, or the boat case??) No, we do not. In that respect, there is no denying failure.

Also, lakecodude has some interesting facts and they are quite telling.

If the fellow had been convicted of first degree murder and sent to prison forever, would that be ok? Couldn't the district attorney find a middle ground between forever and five years. Give me a break. Whatever other little technical facts you seem to think matter so much, you cannot get around the big-fat-in-your-face-facts like that one.
How much is enough?
written by lakecodude, September 14, 2007
I decided to cheat and checked with someone I know in the DA's office to find out what options there are in cases like this:

1st degree murder=25 to life
2nd degree murder=15 to life
Voluntary Manslaughter=3 or 6 or 11 years
Involuntary Manslaughter=2 or 3 or 4 years
*add one year for use of a knife to any of the above*

So how much is enough? Keep in mind that murderers almost never get parole so this kid would likely never get out on a murder conviction.

His lawyer supposedly offered a voluntary manslaughter which is more than the jury's verdict. My source tells me that offer was made over a year before the trial.

Come to think of it, I wish I hadn't dug this deep into this mess. Between this case, the "shot in the back case" and the boat case, the DA's Office is a total train wreck.
Oh boy
written by calcuby, September 16, 2007
You are right, I would almost rather not know what an incompetent is running that office. How much taxpayer money went into getting five years for this fellow? How much taxpayer money is going into the boat matter and the racist prosecution of the shot in the back matter? Would we not be better served using that money on kids, libraries, roads, anything at all? Also, these high publicity cases do great harm to our county's reputation and tourism. Come on vacation, leave on probation (how many times do we have to hear this one?) We need a new district attorney and quick. Does everyone realize this is only his first year in office? What will he do during the rest of his term to bring shame on our county? :cry:

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