Some of you may remember this story from a while back. A state park ranger shot and killed a camper at Elephant Butte State Park which is down near Truth or Consequences, New Mexico. His trail ended yesterday with his conviction.
Rick
Thursday, October 18, 2007
Ex-Worker Gets Probation, House Arrest in Shooting Death of Elephant Butte Camper
Journal Staff Writer
TRUTH OR CONSEQUENCES? Twenty-six months after fatally shooting a drunk and belligerent camper in the back at Elephant Butte Lake State Park, former park ranger Clyde Woods was sentenced Wednesday to five years' probation and one year of house arrest.
Woods, 27, pleaded guilty to voluntary manslaughter in March.
He was called to a beach campsite the evening of Aug. 23, 2005, by two lake volunteers after camper Bruce Teschner, 58, refused to pay a $14 overnight camping fee.
During an argument with Teschner? who, according to testimony, was drunk and had a history of mental illness? Woods shot Teschner twice in the back of the neck.
Woods, who was subsequently fired, testified in earlier hearings that he thought Teschner was armed and that he acted in self-defense. It was later determined that Teschner, who was dressed only in shorts and sandals, was not armed.
Two witnesses had testified that an angry Teschner was moving away from Woods when the ranger shot him. Two other witnesses said Teschner had moved toward the ranger when the officer fired.
On Wednesday, 12th Judicial District Attorney Scot Key of Alamogordo, as special prosecutor, sought the maximum penalty available? seven years behind bars. Defense attorney Gary Mitchell asked 7th Judicial District Judge Kevin Sweazea to give Woods probation.
Prior to the sentencing, clinical psychologist Eric Westfried testified for the defense that his evaluation of Woods indicated that, although Woods exhibited traits not conducive to a career in law enforcement, Woods poses no threat to the community.
Westfried also testified that a more thorough psychological evaluation of Woods before he was admitted to the police academy might have found him an unsuitable candidate for law enforcement.
The victim's brother, Charles Teschner of Boulder, Colo., told the court his brother was an accomplished artist who loved to read and who earned a bachelor's degree in literature.
"He was kind, he was generous and he was happy to share whatever he had with anyone who didn't have as much as he did."
Charles Teschner said arthritis forced his brother to give up his jewelry-making business, and he had been diagnosed with depression and put on medication.
"However, he discontinued the drug and was obviously self-medicating with alcohol" in the last months of his life, Charles Teschner said.
He said, "It's obvious to me that he (Woods) had to have known that Bruce was unarmed." He said that negates any discussion of self-defense.
"In my mind, it was second-degree murder, and what should have been a 15-year sentence has now turned into a maximum of seven," he told Sweazea. "I'd like you to take that into consideration when you hand down your sentence.
"I feel Mr. Woods needs to pay his debt to society and then, hopefully, get on with a successful life," Charles Teschner said.
Several community members told Sweazea that Woods was a dedicated father, an avid community volunteer and a true asset to his hometown who had simply found himself in a tragic situation.
A tearful Woods apologized to the Teschner family for taking their relative's life, but said, "I did the best I could, that I could with what I had," the evening he was called to Teschner's campsite.
Turning to look briefly at Teschner's family, Woods sobbed and said, "I'm sorry for what happened."
After about four hours of testimony, Sweazea said, "I've been considering the appropriate sentence to impose in this case for a long period of time."
Noting that testimony showed that Woods lacked the training needed to deal with a mentally ill person who was drunk and belligerent, Sweazea said the result was "a horrible tragedy."
Acknowledging that some in the packed courtroom? which included several members of Bruce Teschner's family? would disagree with his decision, Sweazea sentenced Woods to five years of probation for voluntary manslaughter.
He also sentenced Woods to one year of house arrest, under the state's firearm enhancement law, for using a gun when he shot Teschner. Woods' house arrest will be monitored by an electronic bracelet, Sweazea said.
When the judge adjourned the proceedings, Teschner's family quickly left the courthouse.
As Woods hugged his wife, family members and friends, he said he felt "great."
"And that's all I want to say," he said.
Rick Smith
2 Roadrunner Trail
Placitas, NM 87043