Source: Bakersfield Californian (CA)
Contact:  http://www.bakersfield.com
Pubdate: Mon, 28 Sep 1998
Author: Jonathan Nelson, Californian staff writer

BOUNTY HUNTERS GET OFF HOOK IN SHOOTING

The "law-and-order" mindset of most Kern County jurors typically benefits
the prosecution.

But when the District Attorney's Office is trying to prosecute two
pseudo-law enforcers, that mentality can backfire.

That's what happened Monday when a jury acquitted two bounty hunters of
assault, battery, reckless discharge of a firearm and shooting at an
inhabited vehicle, according to the prosecutor on the case.

Kenneth Beshears, 46, of Rialto, and 25-year-old Victor Frayre, of
Bakersfield, were found not guilty of the charges involving Michael Boyt,
42, who was wanted in February on drug charges.

When two bounty hunters tried to arrest him, Boyt ran and the bounty hunters
fired three shots, later claiming self-defense.

Deputy District Attorney Elizabeth Marshall was disappointed with the
outcome of the trial, but not surprised.

Not only did she have to overcome that law-and-order mindset, she also had
to deal with Boyt's indiscreet testimony.

"He admitted he was still selling drugs," Marshall said. "He didn't have to
tell them that."

Marshall said in talking about the case, others would say they didn't
understand what crime had been committed since a drug dealer was taken off
the streets.

It's wrong to fire on somebody without proper justification, Marshall said.

Boyt was unarmed and police officials have said it's unlikely the shooting
would have been ruled justified had a commissioned police officer pulled the
trigger.

Bounty hunters, however, don't come under the same stringent regulations.

According to the bounty hunters' version, Boyt initially drove away from
them, then turned around and began driving at them.

That's when the shooting began.

Frayre fired the first shot, but said it was an accident, Marshall said.

Beshears thought the shot came from Boyt so he returned fire, Marshall said.

"I knew it was going to be a tough case and an uphill battle given the
circumstances," Marshall said.

- ---
Checked-by: Don Beck