San Diego, California

From San Diego’s Fox6.com of November 7, 2007

Neighbor Shooting

Prosecutors today plan to dismiss murder and assault charges against an ex-Marine and his wife accused in the fatal shooting of a neighbor whose girlfriend sought their help at a University City condominium.

William Bennett Porter and Nicole Leanne Porter pleaded not guilty Aug. 7 in San Diego Superior Court.

William Porter was charged with murder and an allegation that he personally used a firearm in the shooting four days earlier that killed 47-year-old Larry Kermit King.

Nicole Porter was charged with assault with a semiautomatic weapon.

Deputy District Attorney Marcella McLaughlin told a judge this summer that around 2 a.m. on Aug. 3, King and his ex-girlfriend got into some sort of dispute and she went to the Porters' residence for help.

William Porter tried to arrest King, then shot him several times in the back, the prosecutor alleged.

A bullet from Nicole Porter's gun also struck the victim in the neck, McLaughlin told Superior Court Judge David Szumowski.

The prosecutor alleged that King was retreating back into his condo in the 7900 block of Avenida Navidad when he was shot.

Defense attorney Kerry Armstrong said William Porter served four years in the Marine Corps -- including three tours of duty in Iraq -- before getting out in the fall of 2006.

The defendant -- who was working as a weapons and tactics instructor in Twentynine Palms -- has no record and is a "squeaky-clean guy," the attorney said.

Armstrong said at the time that the case was a strong self-defense case.

Today, McLaughlin refused to comment further before a scheduled afternoon hearing.