A Broward man accused of fatally shooting a federal agent will stand trial on a downgraded charge of manslaughter, facing up to 15 years in prison and not the death penalty.
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By Todd Wright
The Miami Herald
BROWARD, Fla. — If the man accused of killing a federal agent earlier this month is found guilty, he won’t face the death penalty, nor will he spend the rest of his life in prison.
Thanks to the actions of a Broward grand jury Thursday, the most time James Wonder would serve in prison if convicted is about 15 years.
That’s because the grand jury downgraded the charges against Wonder from murder to manslaughter, which may suggest jurors think the shooting was indeed a road rage incident -- with both men at fault.
Wonder, 65, remains in the Broward County Jail while he awaits trial in the shooting death of Donald Pettit on Aug. 5.
With the lesser charges, he now has the possibility of a judge granting bail and being released from jail until the trial’s end. Wonder’s failing health may also help in his efforts to have a judge grant a reasonable bail amount.
SELF-DEFENSE ACT
His attorneys said Wonder shot Pettit, 52, once in the head as an act of self-defense.
The grand jury’s decision fit the charges for most road rage incidents that end in death, said Mel Black, a veteran criminal defense attorney in Broward and Miami-Dade counties.
''The grand jury saw their way through the natural emotions and worked in a rational and balanced way. They ended with the conclusion that his actions were reckless -- he didn’t intend a death, but it was a consequence,’' said Black, who is not involved in the case. ``The concepts of road rage and first-degree murder don’t match up. This wasn’t premeditation.’'
Authorities say Wonder shot Pettit after they were involved in a road rage incident that escalated. Pettit’s 12-year-old daughter was with him when he was shot.
It took the grand jury less than two days to reach a decision after hearing testimony from Pettit’s child and law enforcement officers.
The burden of proof on a manslaughter charge is not as high as first-degree murder because prosecutors only have to prove Wonder knew his actions could cause Pettit’s death.
''Manslaughter is easier to prove under these circumstances, but that doesn’t necessarily mean a conviction for the prosecution,’' Black said.
Police classified the incident as road rage after details of the case were released. They show the men got caught up in a heated exchange that led to the shooting.
SHOUTING MATCH
Wonder and Pettit got into a shouting and finger-pointing match on Pines Boulevard near Dykes Road in Pembroke Pines before Wonder pulled into a post office parking lot. Pettit, who worked as a polygraph expert, pursued him into the parking lot and parked his unmarked car behind Wonder’s Dodge Charger, leading to the showdown.
Pettit left his gun in his car when he got out to confront Wonder.
After Wonder shot Pettit, he sped away, arriving at his appointment at a Davie dialysis treatment center. After leaving the center, he went home, hid the gun, changed his hair color and rented a car to hide his involvement in the shooting, police say.
Those actions could work against Wonder if a judge allows prosecutors to argue that his evasive actions are presumptions of guilt, Black said.
Pettit’s daughter, who witnessed the incident, spent Wednesday morning in a closed-door session testifying to the grand jury about what she saw.
Because Pettit was a federal customs agent, the case drew intense media coverage, sparking an all-out manhunt involving about 200 law enforcement officers.
Nurses at the dialysis center where Wonder regularly visited eventually turned him in after he changed his appearance and his behavior turned erratic.
Wonder confessed to the nurses that he had ''serious anger problems’’ and told them he was just involved in a road rage incident on his way to the dialysis center.
Copyright 2008 The Miami Herald