crashing over the gate right behind him, and asked

crashing over the gate right behind him, and asked her to return to the house. “I said no—if the truck was there, the bulldozer couldn’t go any further.” According to Kidwell, her brother also told her he thought Spellman was armed, judging by the confidence with which he moved, and that“he thought the gun was here,” pointing towards her left shoulder.

The brother returned to the house and she stayed, watching Spellman knock down trees and fence posts, Kidwell said. When her brother came back down the hill, he reported that he had called the state police, she acknowledged. When she still refused to leave the truck, Farmer then left to move his car before the bulldozer work could block it in, she said.

So Loud

“So loud and so big,” the bulldozer was advancing toward the truck, Kidwell said. “All I could see was this big blade... Spellman hollered. He said move it or he’d push me over, I hollered back. I said I wasn’t moving...He came at the truck again (with) an awful, awful look on his face...He looked so mean and mad and dangerous.”

Then Spellman backed the bulldozer again and turned the machine slightly, Kidwell said. “I saw his hands coming off the controls and reaching into his jacket. I put the gun out the window and fired. I thought he was going to kill me.”

According to the defendant, she didn’t know if she’d hit Spellman. “He was still looking at me. He still had his hand in the jacket. I still thought he was going to shoot me,” she said, telling the court that she then screamed “Get off! Get off! Get off!” at Spellman. She added that she held her shotgun on him the entire time until she saw him slump and then she turned and walked up to her house.

Under cross examination, Kidwell acknowledged' that her attorney, David Konick, wrote Salton§tall that his clients had no intention of removing gates, cattle guard or shrubbery unless ordered to do so by the cir