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Shooting trial jury hears closing Defendant insists he didn't try to kill By CHRIS BRISTOL Jurors listened intently Thursday to closing arguments in the attempted murder trial of a Trail man who took a couple of shots at his wife's lover. For the jury, which went home Thursday evening and plans to begin deliberations at 9 a.m. today, the only real issue in dispute is whether admitted sniper Gary Roger Peyton meant to kill his two-timing cousin or just scare him. Either way, Peyton is guilty of something. He has admitted three of five lesser charges, including menacing, but says he is not guilty of attempted murder or attempted assault or unlawful use of a firearm. Depending on the jury's verdict, he faces anywhere from 7 years in prison to a year in jail. At issue was Peyton's intent Aug. 14, when he took up a concealed position on a heavily wooded hillside across from his cousin's house and, armed with a .308-caliber hunting rifle equipped with a scope, fired two shots at the man when he stepped outside. Peyton, 46, testified that he was a good shot and intended only to frighten his cousin, who had been having an affair with Peyton's wife even though he was also engaged to be married to his longtime girlfriend. "I was just trying to scare him," said Peyton, who has since separated from his wife. "If I wanted to hit him, I could have." But prosecutor Matt McCauley argued that Peyton followed through on threats to kill his cousin the day after learning of the affair from the victim's fiancee -- and simply botched the job. McCauley, a Jackson County deputy district attorney, recounted witness testimony of Peyton's various threats against the victim and his evolving confessions to police and the jury. Critical to the state's case was the testimony of an expert FBI marksman, who said Peyton probably yanked the shots wide because he had only a limited field of view through the trees and brush from his position in the woods. The expert also said Peyton's rifle scope was not properly calibrated. "The only reason we have a live victim today is that this is such a difficult shot," McCauley argued. But defense attorney Larry Roloff argued that the shot was not difficult because his client was not really trying to hit the victim in the first place. "My client was shooting at no one," Roloff said. "He was shooting at dirt, at gravel." Roloff conceded that his client was guilty of harassment for shoving his wife and of being a felon in possession of a firearm. Peyton was convicted of two methamphetamine drug-dealing charges about 10 years ago. The worst thing his client was guilty of was menacing, Roloff said, not attempted murder or assault. "My client is not guilt-free," he said, "and I'm not asking you to set him free. What I'm asking you is not to convict for crimes he didn't do. "Just because the state says he tried to kill doesn't make it so." Mail Tribune Copyright � The Mail Tribune 1999, Medford, Oregon USA