Amador County – An Amador County jury found Fiddletown resident Kenneth John Zimmerman guilty of second degree murder Wednesday. He faces 40 years to life in prison for the 2009 shooting death of John Michael O’Sullivan.

Zimmerman pleaded self defense in the trial, which began September 23rd and ended at 1:15 pm Wednesday. District Attorney Todd Riebe said later Wednesday that Zimmerman’s sentencing date was set to fall in the next four weeks, and “he is looking at a life sentence.”

Riebe said the jury found Zimmerman not guilty on three other counts: first degree murder, making terroristic threats and false imprisonment.

He said the jury found it to be true that Zimmerman committed murder with a firearm and that he personally used the firearm in the shooting death of O’Sullivan, who reportedly was shot once in the stomach and twice in the back with a .25 caliber Raven pistol.

The special allegation that Zimmerman committed a “serious and violent felony” and discharged a firearm causing death carries a “25-years-to-life enhancement,” Riebe said. In addition, the second degree murder penalty is a 15-years-to-life sentence, meaning Zimmerman faces between 40 years and life in prison.

The jury had to have unanimity to reach a verdict, and all 12 jurors felt that Zimmerman was guilty of second degree murder. Riebe said they could not come to a verdict and had a mistrial on the charges of “murder one,” terroristic threats and false imprisonment.

He said the judge asked about the split in the vote on the count of false imprisonment, and asked for their breakdown, which was 7-5. Riebe said the judge rightly did not ask which way the split favored.

Zimmerman remains in custody, where he has been since the 2009 arrest. Riebe said “certainly that’s appropriate, now that he knows that he’s looking at a life sentence.”

Lead prosecutor for the case was Steve Hermanson and co-counsel was Joe Gasperetti, both of the district attorney’s office. Riebe said Hermanson “did a hell of a job.”

The jury began deliberation at 10:05 am Friday (October 22nd) and over three days met for about 14 hours. They came back at 1:15 pm Wednesday with the verdict.

IrelandCentral.com reported Tuesday that O’Sullivan’s widow, Krista Clem-O’Sullivan was planning to move to Ireland to live there with their four children after the conclusion of the trial. The site also reported that Clem-O’Sullivan had received death threats, and her children were harassed at school during the trial.

John O’Sullivan was 47 at the time of his death.

Story by Jim Reece. This email address is being protected from spambots. You need JavaScript enabled to view it..