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State v. Sety

Court of Appeals of Arizona
590 P.2d 470 (1979)


On March 19, 1976, Donald Cue initiated a confrontation with David Sety (defendant) at an isolated campground where Sety was sleeping. After telling Cue that he was making a citizen’s arrest, Sety ordered Cue to walk toward the area dam keeper’s house. On route to the dam keeper, Cue attempted to escape and Sety shot at him. The initial shots did not kill Cue. Sety testified that when Cue attempted another escape he shot at him again. Sety further testified that when he went to check on Cue after shooting him, Cue reached up to grab his pistol, and the pistol discharged. Cue died from wounds related to this final shot. Sety was convicted of second-degree murder. The trial court then reduced the charge to voluntary manslaughter and sentenced Sety to a prison term of not less than nine nor more than ten years. Sety appealed the judgment and sentence, and the prosecution appealed the trial court’s reduction of the conviction from second-degree murder to voluntary manslaughter.

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Holding and Reasoning (Schroeder, J.)

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