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said the pistol which he fired was a gas gun, which does not shoot a projectile. She said Mr. Wayland uses it to scare off birds which nest in his farm buildings.
"Billy was trying to get to his sister,” she said. “She has had heart attacks, and the doctors says she shouldn’t be under any stress.” She testified that Mr. Dodson said “I don’t give a —damn about your sister,” and refused to move his truck, which was blocking the road.
After Mr. Wayland asked Mr. Dodson to move the truck several times and he refused, he pulled out the gun and fired it into the air, Ms. Eaton said. Then Mr. Dodson left, she added.
Cross examined by Greg Ashwell, who represented the Commonwealth in the case, Ms. Eaton said she stayed in the truck because she was “scared too - heart attacks are not funny.” She said, in response to a question, that she has a “business and friendship” relationship with Mr. Wayland.
Mr. Wayland testified in his own defense that Mr. Dodson refused to move his truck, that he told him the road was going to be widened to two lanes, that one of his fences would be tom down, and that he would drive steel pegs into Mr. Wayland’s field if he wanted to.
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