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Man Who Shot to Death Youth During Break-In Is Acquitted

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TIMES STAFF WRITER

In a verdict that bolsters the cause of gun rights activists, a Missouri criminal court jury has acquitted a 62-year-old farmer of second-degree murder in the shooting last December of a local teen-ager who broke into an abandoned house in farm country 75 miles west of Kansas City.

A jury in Richmond, Mo., deliberated only three hours Wednesday, then pronounced Wilbur Wilson Jr. not guilty in the killing of Travis Lineberry, a 16-year-old high school student. The jury issued its verdict after a three-day trial.

The Hale case, reminiscent of a recent controversial acquittal of a Louisiana man for shooting a Japanese student who mistakenly approached his New Orleans house, had drawn interest from gun activists across the country.

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Wilson was also acquitted of a weapons violation charge and an assault on Bruce Lineberry, the dead boy’s father, in the aftermath of the shooting. If he had been convicted, Wilson could have received a maximum sentence of life in prison.

Carroll County prosecutor Mike Bradley had argued that Wilson caused Lineberry’s death by arming himself and spending four nights in a vacant house owned by his family that he suspected might be burglarized. He noted that Wilson failed to notify police or give Lineberry a warning as he was breaking into the house the night of Dec. 21.

Wilson’s defense attorney, Kevin Jamison, claimed Wilson had no choice but to fire at the teen-ager because he was nearing him in the darkened house. Even though Lineberry was unarmed, Wilson testified Monday that the youth appeared to lunge at him, provoking him to fire.

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The case has divided the small town of Hale, forcing attorneys to seek a change of venue to Ray County after it became apparent there were not enough impartial Carroll County residents left to sit on a jury.

Tensions persisted during the trial. The Lineberry and Wilson families and their supporters divided the third-floor courtroom, each taking half of the wooden pews--and rarely acknowledging each other, Bradley said.

“Everybody in the family’s kind of devastated,” Cheryl Lineberry, the dead youth’s mother, said Thursday.

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She added that the family would pursue a civil wrongful death lawsuit they had already filed against Wilson.

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