Marysville man convicted in racially tinged shooting

EVERETT — A Marysville man with outspoken racial views will spend at least the next 13 years in prison after a jury Tuesday convicted him of first-degree manslaughter in the shooting of an American Indian.

Kevin Jory Braa, 47, told the jury that he acted in self-defense after he was attacked outside Kuhnle’s Tavern in Marysville. It was then that he shot Simeon Whitney, 35, of Wapato.

The jury determined that the shooting was reckless and not justifiable.

Whitney was hit three times, twice in the buttocks, and he stumbled, fatally wounded, back into the bar.

Snohomish County Superior Court Judge Ellen Fair scheduled sentencing for March 13. The sentencing range now is between 13 and 15 years behind bars, although it might wind up being longer.

Braa faces seven additional counts of being a felon in possession of a firearm. He was convicted in 1994 of a felony drug charge, deputy prosecutor John Stansell said.

The firearm charges could result in Braa spending even more time in prison, lawyers said.

Braa walked into the tavern in November 2006 to have a beer and to read a book titled “Hitler Sky Warrior,” public defender Marybeth Dingledy said. He had the 9mm pistol that he always carried for protection, she said, even though it is illegal to carry a firearm into a drinking establishment in Washington.

Braa got into verbal disputes with Whitney and another American Indian, and Braa made some racial comments, according to testimony.

Dingledy asked the jury to not judge Braa for his racial views, and she acknowledged that some of his comments were stupid.

After the shooting, Braa retreated to his home and told a roommate that he thought he shot a “subhuman,” according to testimony.

In the trial, Braa told the jury he defined a “subhuman” as anybody who is not white and American.

Braa is being held on $2 million bail pending sentencing. He was arrested several days after the shooting following a police standoff outside his house on 19th Avenue NE in Marysville.

Reporter Jim Haley: 425-339-3447 or jhaley@heraldnet.com.

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