State v. Lyerla

424 N.W.2d 908 (1988)

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Nature of the Case

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Facts

While driving, D fired three shots with his .357 magnum pistol at a pickup truck carrying three teenage girls. One was killed, the other two were injured. Only one bullet killed seventeen-year-old Tammy Jensen. Another was recovered from the engine block; the third was never found. D was charged with first-degree murder or second-degree murder for the death and two counts each of attempted first-degree murder and two counts of attempted second-degree murder against the surviving girls. The vehicles had passed each other a few times. D tried to pass the girls but they speed up, and D exited. The girls pulled to the side of the road near the entry ramp. D loaded his pistol, reentered the interstate and passed the Jensen pickup. When the girls attempted to pass him, he fired at the passenger side of their truck. At trial, D claimed they were harassing him to such an extent that he feared for his life and fired the shots to disable their pickup. D was convicted of second-degree murder for the homicide and attempted second-degree murder for the injuries. D appealed.