High court orders new trial

Tuesday, Dec. 5, 2000 | 10:18 a.m.

CARSON CITY -- Travis E. Runion, convicted of first-degree murder, is going to get another chance to show a jury in Las Vegas that he was acting in self-defense when he shot and killed a passenger in another car and wounded another man.

The Nevada Supreme Court on Monday overturned the conviction of Runion on grounds of a faulty jury instruction and misconduct by the prosecution in the closing statement.

In October 1996 Runion was driving a friend to her home when he got into an argument with occupants of another car near the intersection of Pecos Drive and Stewart Avenue in Las Vegas. There was yelling and one of the persons in the other car "flipped off" Runion, according to testimony.

The Supreme Court said the four persons in the second car appeared to be gang members. After some yelling, Runion said he saw a passenger pull a gun and point it in his direction. He reached for his gun and fired, killing Josh Pendergraft and wounding Moses Companioni.

Runion said he was afraid for his safety and that of his passenger, Darla Spomer. A gun was found in the engine compartment of the second vehicle.

The court, in its unanimous decision, said the jury instruction of self-defense was based on a 1993 law. But that had been superseded by a 1996 law, which was in effect at the time of the shooting.

The jury instruction required the defense to prove that Runion was in "actual danger" when he fired the shots. The defense sought an instruction that said there was an apparent danger to Runion that prompted him to act.

The prosecution, in closing arguments, said that Runion's self-defense theory lacked corroboration. The district attorney's office stressed that lawyers for Runion had promised at the start of the case to produce other evidence that Runion acted in self defense.

The defense had called Runion's roommate and friend, Penny Helton, who said that he told her the shooting was in self defense. But her statement was not allowed in evidence because it was hearsay.

The Supreme Court said it was an error to allow the prosecutor to emphasize in closing arguments the failure of Runion to present Helton's corroborating testimony.

In other decisions, the court: