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Peyton faces five years in prison Jury acquits on attempted murder A Trail man who admitted that he took a couple of potshots at his wife's lover was acquitted Friday of attempted murder and assault. Gary Roger Peyton did not get off scot-free, however. A Jackson County jury of eight men and four women found him guilty of four lesser charges, including two firearms felonies, and he is certain to do time. Peyton, 45, could get up to five years in prison on the most serious conviction -- unlawful use of a deadly weapon. Prosecutor Matt McCauley said he intends to seek the maximum. "Anybody who is willing to settle their personal problems by discharging a firearm ... is a menace to society," he said. Sentencing was set for July 1. Trial judge Patricia Crain will decide. Peyton, who now lives in Medford, would have automatically received 7 years in prison had the jury convicted him of attempted murder for the Aug. 14 sniper attack on his cousin. In a brisk two-day trial, McCauley argued that Peyton acted on several murderous threats the day after he found out that his wife and his cousin had been having an affair. At the time, the victim was also engaged to another woman. Peyton admitted that he hid in the woods outside his cousin's house and, armed with a .308-caliber hunting rifle equipped with a scope, squeezed off a couple shots when his cousin stepped outside. When the victim returned fire with his own pistol and zig-zagged his way back into the house, Peyton fled. Unbeknownst to him, his cousin ran out of ammunition after getting off only two shots himself. Neighbors heard the whole thing. According to court records, Peyton had been served with divorce papers the day of the shooting. The couple is now separated. McCauley argued that Peyton intended to kill the victim and failed only because of the difficulty of the shot from his concealed position in heavy brush. The prosecution's case was bolstered by testimony from an FBI sniper expert. But defense attorney Larry Roloff argued that his client, who took the stand on his own behalf, was trying only to scare the victim and that he didn't really "miss" because he wasn't aiming to kill in the first place. Roloff conceded in court that Peyton was guilty of three of the six charges: menacing, for pointing a gun at the victim; harassment, for shoving his wife; and felon in possession of a firearm. Peyton was convicted in 1990 of delivering methamphetamine and unlawful possession of a weapon. The Eugene attorney successfully put doubt in jurors' minds on the charges of attempted murder and assault but not unlawful use of a deadly weapon, which carries a penalty of up to five years in prison depending on the offender's record. McCauley said the burden of proof was a difficult test to overcome in part because the victim escaped injury. "The jury did their job," he said. "Attempted murder cases are extremely difficult to prove." Mail Tribune Copyright � The Mail Tribune 1999, Medford, Oregon USA