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Turnipseed guilty of manslaughter for '07 road rage shooting

Posted: 3:36 pm PST November 13,2009Updated: 3:51 pm PST November 13,2009

A Spokane jury has found Alan Turnipseed guilty of First Degree Manslaughter with a weapons enhancement for the 2007 shooting death of Josh Smith on the lower South Hill.

Following the verdict's reading Turnipseed was immediately taken into custody.

Turnipseed was on trial for a second time for the June 14, 2007 shooting of Josh Smith at the intersection of 8th and Ferrall. Turnipseed, a resident in that neighborhood, claimed that Smith tore down the street in his Mazda sedan and he shot Smith in self-defense. Forensic evidence and a nine-month long investigation into the shooting revealed that the two had argued the day before after Turnipseed claimed Smith thew a beer from his car. The following day the two squared off again, only this time Turnipseed had a handgun and Smith had a tire iron.

The argument got increasingly heated and Smith decided to drive away from the scene. Turnipseed later claimed that Smith tried to run him over with his car so he shot at Smith, but forensic evidence and interviews later debunked his claims.

"The evidence does not support Turnipseed's statements that Smith was attempting to run Turnipseed over with the vehicle," Washington State Patrol Criminal Investigation Division Detective Tracy Hanson concluded in court documents filed in the case. "Instead of moving away, Turnipseed advanced towards the drivers side of the Mazda, drew the Colt .380 caliber semi automatic handgun from his right rear jean pocket and while putting his hand on top of the drivers door frame, shot Smith twice in the chest at close range."

This is Turnipseed's second trial, his first ending in a mistrial when the jury could not find him guilty of the charge of 2nd Degree Murder. On Friday the jury again did not find him guilty of 2nd Degree Murder but agreed he was guilty on the charge of First Degree Manslaughter with a deadly weapons enhancement.

Sentencing is scheduled for December 11th at 1:30 p.m.

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