Self-Defense Claimed in Hunter Death; Murder Suspect's Lawyer Says Hmong Man Fired First Shot

Oct 03, 02:42 PM

Current Headlines: By MEG JONES

Marinette - A Peshtigo man accused of killing a Hmong man while they both hunted for squirrels admits that he killed the hunter but was merely defending himself, his attorney said Tuesday.

James Nichols, 29, feared for his life after being shot twice by Cha Vang, 30, in the Peshtigo Harbor Wildlife Area Jan. 5, said his defense attorney, Kent Hoffmann, as Nichols' trial began in a Marinette County courtroom.

Nichols was shot once in each hand. One of the bullets removed from Nichols' hand came from a .22-caliber rifle, the same type used by Vang.

"He wasn't going to wait around to see if he would die, he protected himself by killing" Vang, Hoffmann told the all-white jury.

But a prosecutor pointed out to jurors that authorities have been unable to prove who fired the first shot, and the only witness to the crime is the man accused of first-degree intentional homicide. Assistant Attorney General Don Latorraca asked the jury to consider Nichols' credibility when determining whether his side of the story is truthful.

"Just because someone believed they acted in self-defense doesn't mean that's a reasonable belief," said Latorraca.

Nichols is also charged with hiding a corpse and being a felon in possession of a firearm. According to the criminal complaint, Nichols told investigators that Hmong are "bad," they "kill everything" and "go for anything that moves."

Many of the questions asked of prospective jurors on Monday dealt with their opinions of the Hmong. Vang immigrated to America in 2004 and had settled in Green Bay with his wife and five children. He was learning English and had taken a hunter safety course in his native Hmong language.

Vang's slaying happened about two years after a Hmong hunter shot and killed six white hunters in northwestern Wisconsin during the opening weekend of the gun-deer season in a dispute over trespassing on private hunting land.

Some prospective jurors on Monday said they didn't think that people who don't speak English, such as Vang, should be allowed to hunt. There are no hunting restrictions in Wisconsin for non- English speakers, only that firearms hunters must take a hunter safety course.

But the prosecutor, Latorraca, told the jury that this was a homicide case and was "not about gun laws, it's not about immigration, it's not about who should be out in the woods hunting."

Latorraca also told the Marinette County jury that witnesses will testify that Nichols once told an acquaintance that his hunting stand was missing, and he suspected Hmong hunters had taken it.

Nichols' public defender, though, said jurors will hear testimony that Nichols "had nothing against the Hmong, just their hunting practices."

When Vang's body was found, his face, chest and arm were riddled with shotgun pellets, and he had five stab wounds to his neck, including cuts to his jugular veins. A twig had been shoved into his mouth, piercing his tongue and breaking some of his teeth. His rifle was found hidden in a hollow log.

Video and photos taken by a State Crime Laboratory technician showed Vang's body with a dead tree trunk pulled on top of him and leaves covering most of his face and chest.

Hoffmann, Nichols' attorney, said his client tried to cover up the crime and changed his story several times because as a convicted felon - he served a prison term for burglary - he was not allowed to use the shotgun he took with him squirrel hunting.

The dispute that led to the shooting was over a squirrel. Nichols told authorities he had trapped a squirrel in a tree and saw Vang watching him. They argued, Nichols said, and then Vang shot him. Nichols fired his shotgun once at Vang and fought with him before using his knife to stab Vang.

"James (Nichols) decided to defend himself rather than run," said Hoffmann.

About a dozen family members and friends of Vang were in the courtroom, many wearing small ear pieces to listen to a Hmong translator.

Some of Vang's family members got emotional when Latorraca put a large color photo of Vang - taken shortly before leaving Thailand for America - on an easel in front of the jury.

In testimony Tuesday, Vang's wife and one of his hunting companions described him as a peaceful, thoughtful, patient man who liked to hunt and fish, play soccer and take his five children to the park to play.

Pau Moua, 26, testified that his friend called him on Jan. 5 to see if he wanted to go squirrel hunting at the same public hunting area where the two spent the opening of bow season a few months earlier. Vang, Moua and two other hunting companions parked in a gravel lot and agreed to meet back at the car at sunset.

When Vang didn't return, his friends searched for him. They shouted his name and fired off a couple of rounds in the air to get his attention.

Vang didn't answer. By then he was dead.

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