EVERETT — Prosecutors plan to retry a Marysville man accused of fatally shooting his 6-year-old daughter, Stormy, at their home in 2008.
Lawyers on Thursday set an April trial date for Richard Peters. His defense attorney noted that she likely won’t be ready by then.
Peters was moved from prison to the Snohomish County Jail earlier this week. The Court of Appeals in September overturned his manslaughter conviction. It held that the trial judge erred in allowing a jury instruction that lowered the burden of proof for prosecutors.
A jury in 2009 convicted Peters of first-degree manslaughter with a firearm. It found that the Marysville man’s reckless actions caused Stormy’s death. He was sentenced to more than 13 years in prison, the maximum allowed under state guidelines.
He also was charged with second-degree murder but was acquitted of that offense. Jurors weren’t convinced that Peters intentionally pointed a .45-caliber Colt handgun at his daughter to scare her or get her to shut up, as alleged by Snohomish County deputy prosecutor Paul Stern.
Peters is being held on $400,000 bail.