Sat, Jul 04, 2009

Tucson Region

Man gets 16 years for killing brother during argument

By Kim Smith
Arizona Daily Star
Tucson, Arizona | Published: 07.15.2008
A Green Valley man was sentenced to 16 years in prison Monday for murdering his brother last summer.
Lyndall Dwain Thompson, 46, could have received as few as 10 years in prison or as many as 22 years in the death of Clark Wayne Duvall.
Thompson was arrested June 29, 2007, after firing five rounds from an assault rifle into Duvall, 48, outside a home in the 5200 block of West McGee Ranch Road in Green Valley.
During Thompson's trial in April, Deputy Pima County Attorney Lewis Brandes told jurors the brothers argued over Duvall's decision not to reconcile with their father, who was ill.
The fight was initially a physical one, but then Thompson went inside to get the assault rifle, Brandes said.
When he got back outside, Thompson told detectives, his brother was walking away but suddenly turned, Brandes said.
It was then that Thompson said he "unloaded" the weapon on his brother, the prosecutor said.
No weapons were found near Duvall's body, Brandes said.
Thompson acted in self-defense, Deputy Pima County Public Defender Paul Skitzki told jurors.
Brandes asked jurors to convict Thompson of first-degree murder, but they convicted him of second-degree murder. Pima County Superior Court Judge Howard Fell gave Thompson credit for the 383 days in jail he's already served.
● Contact reporter Kim Smith at 573-4241 or kimsmith@azstarnet.com.