A defense attorney is asking a western Pennsylvania judge to reduce the homicide charges against his client in a shooting death in a suburban parking lot last fall that authorities said stemmed from a road rage dispute.
Attorney Frank Walker told a Washington County judge on Friday that there might be enough evidence for a voluntary manslaughter case against Brandon Thomas, 31, but not for first- and second-degree murder, The (Washington) Observer-Reporter said.
Thomas is charged in the Oct. 18 death of Vaughn Simonelli, 55, after the two argued in a strip mall parking lot in Washington, Pa., about 20 miles southwest of Pittsburgh, after a minor traffic collision, authorities said.
Walker said in November that his client is a decorated veteran who has post-traumatic stress disorder and was acting in self-defense because he feared for his life.
He cited gun residue found inside Thomas' vehicle that he said indicated that the fatal shots were fired from inside the vehicle. Thomas had told investigators Simonelli was attacking him when he fired.
Lt. Dan Stanek, however, said the residue could have been from another shot or transferred from the gun, and two witnesses reported seeing Thomas step out of his vehicle and fire two shots.
Assistant District Attorney Mike Lucas said the evidence showed premeditation and malice and accused Walker of having repeatedly misrepresented the gun residue evidence found inside the vehicle.
