bordered their property, Spellman drove “back and forth, back

bordered their property, Spellman drove “back and forth, back and forth, knocking trees down...messing up as much as he could as fast as he could,” said Kidwell. Sitting in the pick-up truck with the shotgun she had concealed from Spellman’s view as she walked down the hill from her house, Kidwell watched the bulldozer operate “run towards the fence like he was going to knock it over, veer off and sneer like," she testified, adding that he would come all the way up to the truck, as close as he could, pushing dirt up underneath the front bumper.

“ ‘Move it!’ he hollored as loud as he could,” Kidwell continued, adding that Spellman threatened to overturn her truck. “I was terrified. Up to that point, I thought I could just sit there and not be in any great danger... He had a violent, furious, dangerous look on his face.” Kidwell said Spellman took his hands off the controls of the bulldozer and reached inside his vest where she believed he kept a weapon (a handgun in a shoulder holster was found on Spellman’s body underneath a buttoned shirt according to testimony. In additon there was a rifle encased in scabbord on the back of the bulldozer. (Neither had been fired.)

“My body took over. I picked the gun up, stuck it out the window and fired. I couldn’t see his face for a second when I fired. Afterwards he was still looking at me with the same expression, still glaring, he still had his hand in. I didn’t know that I’d hit him," she said, adding that she’d pushed the shotgun’s lever forward to move another shell into the chamber, yelling “Get Off! Get Off! Get Down!”

“The realization hit me that he could still kill me. He could still pull a gun." Kidwell said she got out of the truck, keeping her weapon aimed at Spellman. “I got about half way out and his arm started to shake and his eyes started to go up and I knew I’d hit him. I backed up to the house,” Kidwell concluded, near tears.