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Trial hinges on man's intent Peyton admits shooting at cousin -- but only to scare him By CHRIS BRISTOL An admitted sniper from Trail went on trial Wednesday on charges that he tried to ambush and kill his wife's lover. Gary Roger Peyton is accused of attempted murder and five lesser charges, including attempted first-degree assault and menacing, for firing at least two shots at his cousin Aug. 14 with a .308-caliber lever-action rifle equipped with a scope. At issue is Peyton's intent. He admits the sniper attack, but says he was heartbroken and only meant to scare the victim. The jury trial is expected to last about two days. In opening statements, Jackson County prosecutor Matt McCauley told the jury that Peyton, 46, acted on threats to kill the victim the day after he learned of the affair from the victim's fiancee. McCauley said Peyton hid in bushes on a hillside across from the victim's home and fired once as the victim stepped outside. The bullet kicked up dirt and gravel just a few feet from where the victim was standing. The victim then ran to his car and retrieved his own gun (a .380-caliber semiautomatic pistol) and fired off a couple rounds in the general direction of the sniper -- only to discover that he was out of ammo. "He yelled, `I've got 15 more"' rounds, McCauley said, meaning the victim tried to bluff the sniper. The victim then sprinted for the house, hearing a second shot whiz by, McCauley said. Zig-zagging, he made it inside and called 911. By then, McCauley said, the victim figured out who was shooting at him. Less than an hour earlier, Peyton had threatened him over the phone. Said McCauley: "He told (the victim), `I'm gonna kill you. Watch your back."' Shady Cove police quickly found Peyton at a bar and arrested him. McCauley said Peyton initially denied any wrongdoing, then made a partial confession, saying he fired only in the air. According to McCauley, a skilled expert in sniper technique and tactics will testify that Peyton probably missed because his rifle fired low. A better marksman would have been more successful. Noting that Peyton told several people of his intent to kill the victim, McCauley said the best conclusion is that that he was dead serious. "The defendant, Gary Peyton, meant what he said and he said what he meant," McCauley said. "What he did was attempt to murder.'' Conceding that his client was the shooter, defense attorney Larry Roloff nevertheless disputed that Peyton threatened to kill the victim. "The one, simple issue here is intent," Roloff told the jury. "I'm here to tell you my client did not intend to kill." Peyton mainly wanted the victim to stay away from his wife, Roloff said. "Any man here would have felt the same," he told the jurors, most of them men. In conclusion, Roloff said Peyton was guilty only of menacing as well as being a felon in possession of a firearm. He said Peyton was convicted of a drug offense about 10 years ago. Said Roloff: "His only intent was to put the fear of God in him (the victim), and that's what he did." Mail Tribune Copyright � The Mail Tribune 1999, Medford, Oregon USA