The state Court of Appeals has upheld the conviction of a Utah County man who shot at a hunter he believed had fired at his home.
James Quada, 58, fired two .22-caliber rounds at Bridger Kummer in September 1994 after he heard birdshot striking the side of his house. He also detained Kummer and his father until the arrival of police, who ended up arresting Quada.A jury subsequently convicted Quada of two counts of aggravated assault.
Quada appealed, arguing he was only making a citizen's arrest and that 4th District Judge Ray M. Harding should have instructed the jury to consider that before their deliberations.
The higher court rejected the argument, noting Quada had admitted at trial that he fired twice at Kummer as the man walked away.
"By finding (Quada) guilty of aggravated assault, the jury necessarily concluded that he had used deadly force. Accordingly, the jury could not properly have found that (Quada) had made a lawful citizen's arrest and any error in refusing to instruct the jury on citizen's arrest was harmless," wrote presiding judge Gregory K. Orme.
Utah law states a citizen can arrest someone using "only the force necessary."