Shooting case moves to DA's office

PALMER -- The Alaska State Trooper's investigation into a May 2002 shooting that killed a 22-year-old Wasilla man has been wrapped up and forwarded to prosecutors. The file was forwarded to the state of Alaska district attorney's office in Palmer on April 1 -- nearly 11 months after the shooting -- but District Attorney Roman Kalytiak said it could take weeks for attorneys to review the file and make a decision on whether charges will be pursued for the killing of Michael Peterson.

Peterson was shot on the evening of May 15 of last year on a flat expanse of gravel along the Parks Highway at the southern end of Houston. He was killed in a turnout that is adjacent to the Gorilla Fireworks stand. Alaska State Troopers responded to the shooting just before 8:45 p.m.

In a press release after the shooting, troopers reported that Peterson was shot by Paul McGee, 48, of Houston and that the two men were in a dispute over an alleged assault involving Peterson and McGee's 18-year-old son James. According to troopers, the two men spoke on the telephone prior to the shooting and then both men drove to the site of the confrontation. The two men spotted each other on the Parks Highway and turned onto the parking lot near the fireworks stands, troopers said.

Kalytiak said as many as three attorneys could review the case before his office makes a decision. The complexity of the investigation itself and an under-staffed prosecutor's office both play a role in how quickly the review is completed, Kalytiak said. The Palmer district attorney's office is one attorney short of being fully staffed, according to Kalytiak. The file that trooper investigators forwarded is about eight inches thick.

"As I understand it, it was a pretty lengthy investigation [by Alaska State Troopers]," Kalytiak said. "I'm sure there are concerned people on all sides of these cases, especially when someone dies."

In Alaska prosecutors must present all felony charges to a grand jury for an indictment before the accused person goes to trial. The grand jury provides a hurdle for prosecutors that some cases don't cross. For instance, in the case of a February shooting at a bar on Big Lake the grand jury refused to indict the shooter on attempted murder charges. In that case, no one was shot and it is not clear whether anyone was shot at. The grand jury proceedings in which the two alleged victims testified are secret.

In the event the Peterson killing isn't taken in front of a grand jury, Kalytiak said his office will release a statement as to why they didn't find enough evidence to prosecute.

"We're going to give an answer either way. We either accept it for prosecution or we decline it -- and if we decline, we always give a reason why," Kalytiak said.