State v. Barr

Barr (defendant) lived behind an antique store and had agreed to keep an eye on the store's yard after nearby burglaries. Woken by noise, Barr saw men in the yard, grabbed a pistol, and ordered them to drop what they carried. They dropped two chairs but ignored his commands to stop and began walking away up an alley. Barr fired warning shots into the air, then fired again at a height he believed was over their heads; a bullet struck and killed one of the men, Timothy Tylutki. At trial, one of the other men testified they never heard Barr say anything before the shots were fired. Barr was indicted for voluntary manslaughter, and the trial court refused his request for a justifiable-homicide jury instruction. He was convicted and appealed.