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Shooting death ruled self-defense By SARAH LEMON An Applegate man who was shot last year was killed in self-defense, a grand jury decided Thursday. Gary Lake, 38, of Medford, shot and killed 35-year-old John Alan McBeth while trying to fend off an attack, according to witness testimony. Members of a Jackson County grand jury said the act was justifiable as self-defense under Oregon law. "I think it was a difficult decision for the grand jury, frankly," said Jackson County District Attorney Mark Huddleston. "It's a rare occurrence that someone would be shot, and the judgment would be self-defense by a grand jury." McBeth's mother, Peggy Hulse, said she was so upset about the decision that she couldn't comment. The shooting took place at 9:21 p.m. on Nov. 20, 2001, at the home of McBeth's wife, Molly McBeth. The two were getting a divorce, and Molly McBeth was moving items from the residence, where she had been living with the couple's 3-year-old adopted son for the past year, said sheriff's Detective Eric Fox. Lake, a friend of Molly McBeth, was helping her move. John McBeth arrived at the residence and was confronted by his wife, who asked him to leave, according to testimony from Molly McBeth and Lake. John McBeth forced his way past Molly McBeth into the residence and started hitting Lake, who was inside along with the child, testimony showed. The McBeths' son did not see the assault and was not in immediate danger, Fox said. Lake tried to call 911 when McBeth showed up, he told jurors. He had the phone and a .357-Magnum revolver in his hands when McBeth started attacking him, said Fox. McBeth was not armed. When McBeth was striking Lake with his fists, the gun and phone were knocked from Lake's hands. McBeth knocked Lake to the ground and continued hitting him. Lake said he feared for his life and was on the verge of blacking out. He picked up the gun, tried to shove McBeth off him, and the gun went off. The bullet went through McBeth's abdomen, and he died a couple of minutes later, Fox said. When police arrived, McBeth was dead. Lake's face and back were severely bruised, and marks on his neck indicated he was choked, said Deputy District Attorney Tim Barnack. Evidence supported the accounts of Lake and Molly McBeth, Barnack said. The District Attorney's Office considers the case closed unless new information is uncovered, Barnack said. Mail Tribune Home | Ottaway Newspapers, Inc. | Dow Jones & Co., Inc. | Privacy | Contact Us Copyright � 2001 Mail Tribune, Inc.