Henrico, Virginia

From the Richmond Times-Dispatch of October 1, 2005

Henrico murder case dismissed

Judge rules defendant acted in self-defense during Aug. shooting

A charge of murder against Donald Arman Terrien, who shot and killed Richard Jason Gooding on Aug. 14, was thrown out of court Thursday when the judge ruled Terrien acted in self-defense.

Gooding, 31, was the ex-boyfriend of Terrien's girlfriend, Bess McAteer, 24.

McAteer testified in Henrico County General District Court Thursday that she started to leave Terrien's house about 9 p.m. that Sunday evening. She had walked to her car parked in the street when Gooding drove up and confronted her, yelling.

She said Gooding complained about hearing Terrien, 34, in the background laughing "at me and my feelings" over the phone when Gooding had called her. Henrico police Investigator Joe Schihl played recorded phone messages Gooding had left for McAteer in which he angrily complained about Terrien laughing.

McAteer -- the only eyewitness to the shooting except Terrien -- said Terrien came out the front door with his pistol in hand, held at his side, and called out to her, asking what was going on. He stepped down to the bottom of the steps from the small porch.

She said she remembers Gooding saying: "A gun? You've got to be kidding me," and that he would "kick his ass," referring to Terrien.

She said she called to Terrien to go back inside and call 911. She said Gooding ran to the house's front steps and attacked Terrien, who had turned to go inside, from behind.

The exact sequence of events was not clear from testimony, but during the struggle with Gooding, Terrien fired two shots from his Sig Sauer 9 mm handgun. The first was into the air, holding the gun at arm's length, McAteer said.

The second shot was the one that killed Gooding. It was fired "dead center in his chest" and medical evidence showed it was not a contact shot with the muzzle held against the body, Deputy Commonwealth's Attorney Michael V. Gerrard argued in court.

Another witness, a friend who accompanied Gooding to Terrien's house, said he heard two shots with a few seconds of time between them. But the witness had stayed with Gooding's vehicle and was not in a position to see what happened.

Gerrard said Terrien acted hastily and used too much force for what happened to be legal self-defense. "You have to be in fear of death or serious bodily injury serious bodily injury," Gerrard said.

Defense attorney William T. Linka argued that the shooting was self defense. McAteer was fearful of Gooding and asked Terrien to call for police help, he said. When Terrien tried to do so, he was attacked from behind and had to physically defend himself at his own front door. He was concerned for McAteer's safety and his own.

Judge James S. Yoffy agreed with Linka.

"I think this is strictly a self-defense case," Yoffy said. He said Terrien "almost retreats" and then is attacked, fires a warning shot and is pummeled by his attacker. "Mr. Terrien had a right to defend himself. I'm going to dismiss it."

After court, Linka said Terrien "is very upset" since the shooting. "He feels awful that it happened."

Gerrard said the commonwealth's attorney's office could next take its evidence to the grand jury and seek an indictment against Terrien.

"We're going to take a second look and review the situation," Gerrard said.