Mohave County prosecutors are asking a judge to dismiss a murder charge against a former firearms magazine editor who had two trials end in deadlocked juries.
A prosecution motion filed Tuesday says the evidence against 54-year-old Richard Erick Venola wasn't sufficient to overcome legal presumptions that favor self-defense claims.
Venola was charged with second-degree murder for shooting an unarmed neighbor, 39-year-old James Patrick O'Neill, in the chest with a rifle on May 2, 2011.
According to the Today's News Herald, Deputy Mohave County Attorney Rod Albright argued during both trials that Venola and O'Neill were extremely drunk when they argued before the shooting in the duplex where Venola lived.
Venola's lawyer said the former editor for Guns & Ammo magazine feared O'Neill was going to get a gun.
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