By Jim Haley
Herald Writer
What a prosecutor described as a "warning shot to the chest" was deemed second-degree murder by a Snohomish County jury Wednesday in the second trial of a Granite Falls man.
Kenneth Charles Jensen, 58, was convicted by a jury of eight women and four men of using excessive force when confronted by a neighbor Aug. 8 on a Granite Falls street.
The victim, Frank Martin, 40, was shot once in the chest at close range with a .357 Magnum pistol. The confrontation began when Martin stopped Jensen as he rode his bicycle. Martin put his hands on the handlebars and started pushing the bike back and forth when Jensen fired the gun through a leather pouch.
This is the second time a jury has examined this case.
In December, another jury deadlocked on the case, and Judge George Bowden declared a mistrial. But that jury was leaning 9-3 in favor of Jensen’s acquittal. In a criminal trial, a jury must be unanimous.
Jensen will have to spend between 15 and about 23 years in prison, said Dave Hiltner, deputy prosecutor.
The jury began deliberations Monday morning. One of the jurors became ill late Tuesday, and an alternate juror, who had been dismissed, was brought back to start deliberations over again.
It took a total of three full days for jurors to find Jensen guilty, and it appeared the deliberations took its toll on them, too. At least two jurors appeared to be nearly in tears when they left the courtroom. None stayed around to talk with attorneys.
One of Jensen’s lawyers, Ray Secoy, said he was upset at the Snohomish County sheriff’s office investigation of the case.
He said it was a "travesty" that investigators didn’t look closer at his client’s self-defense claim.
But that was a decision for the jury, deputy prosecutor Hiltner said.
"It’s up to the defense to put self-defense evidence forward," Hiltner said. "It’s up to the jury to decide if there’s enough (self-defense evidence) to win them over."
The Aug. 8 gunshot ended a long feud between Martin and Jensen. Martin was angry over the development of a large house next to his, and he didn’t like the fact that Jensen had become a friend with the developers, according to witnesses.
Over the years, the two men exchanged insults.
Jensen testified he feared for his life because this was the first time the insults resulted in physical contact.
Jensen will be sentenced May 15.
You can call Herald Writer Jim Haley at 425-339-3447 or send e-mail to haley@heraldnet.com.
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