Jackson – A preliminary hearing was held last Friday in the case of Kenneth John Zimmerman, who previously pled “not guilty” to one count of murder after his neighbor John O’Sullivan was shot dead in a dispute in Fiddletown on August 16. Judge David S. Richmond oversaw the proceedings, which are designed to determine whether there is sufficient evidence to hold the defendant for trial. Deputy District Attorney Stephen Hermanson and Public Defender Richard Cotta cross examined four members of the Sheriff’s Department in order to paint a better picture and clarify accounts of what occurred on the evening in question. Deputy Todd Smith, one of the first to arrive on the scene, said Zimmerman had blocked the roadway to his residence with his vehicle and appeared “angry” and “frustrated.” He said Zimmerman had said he “shot at” O’Sullivan who was “somewhere on the property.” Deputy Dustin Macaughey secured the scene and eventually found O’Sullivan deceased on his tractor, off the roadway, in the brush near Zimmerman’s residence. Macaughey confirmed a previously recorded quote by Zimmerman saying “he ran over my foot, I shot at him.” Zimmerman said that O’Sullivan had struck him in the face with his hand and tried to run over him with the tractor. He told police that he used a .25 caliber handgun. Sergeant Brian Middleton said Zimmerman gave “multiple responses” about where he was at when he shot O’Sullivan. Zimmerman reportedly said he was not sure whether the tractor was moving or stationary when he shot because of “the pain in his feet.” Evidence was collected at the scene which may attest to Zimmerman’s claims of physical injury, including blood spots found on his carpet. Middleton said one expended .25 caliber shell casing was found near the scene of the incident. The autopsy report later determined that O’Sullivan was shot “twice in the back and once in the side.” In an uncharacteristic move during a preliminary hearing, Defender Cotta said he completely disputed the autopsy report. He also disputed the order in which some recounted the shots were fired and asked why the two shots in the back were sometimes referred to before the shot in the side. He said he can produce experts who can testify that the shots were not actually fired from behind O’Sullivan. Cotta also wanted to enter as a legal fact that Zimmerman’s 9-1-1 call was made after the shooting. Judge Richmond said that could not yet be established as a fact. According to the Sheriff’s office, Zimmerman and O’Sullivan had “a longstanding dispute”, one which eventually led to their final conflict on the grounds of the property Zimmerman was renting adjacent to O’Sullivan’s house in Fiddletown. The case has garnered international attention because O’Sullivan was a citizen of Ireland and a well-known player of Gaelic football, an immensely popular Irish sport. O’Sullivan’s widow, Krista Clem, was present at the hearing. The next step in the case process will be an arraignment on information filed from previous hearings, set for November 20th at 1pm. Story by Alex Lane This email address is being protected from spambots. You need JavaScript enabled to view it.
Tuesday, 10 November 2009 23:26