Criminal and Civil Trials

Criminal Trial

On November 4, 1992, the Grand Jury of East Baton Rouge Parish, State of
Louisiana (composed of 12 jurors), indicted Mr. Rodney Peairs for
manslaughter. At the arraignment on December 16, the defendant pleaded not
guilty. Since the defendant asked for a jury trial, a criminal trial was to
be held to determine if he committed a crime of manslaughter with a petit
jury of 12 members. The trial began May 17, 1993. On May 23, the twelve
jurors reached a unanimous verdict of not guilty, and the action of Mr.
Peairs was deemed self-defense. In the concluding argument, the defendant's
lawyer said, "We have a legal right to open the door holding a gun to anyone
when the door bell rings. This is the law of this country." The criminal
trial is covered in detail in "Freeze" by Katsumi Hiragi and Tim Tally and
"A Japanese Boy Who Loved America" by Yoshinori Kamo (both books available in Japanese only).

Civil Trial

On July 13, 1993, the parents of Yoshi filed a civil lawsuit at East Baton
Rouge Parish court. The defendants were Mr./Mrs. Peairs and the insurance
company the Peairs had a home insurance with. Jury trials are granted when
either plaintiff or defendant makes a request and pays jury deposits. The
plaintiff lawyer made a request for a jury trial but did not pay deposit on
purpose since he wanted a judge trial. The defense lawyer wanted a jury
trial, but failed to pay the deposit on the deadline believing the plaintiff
lawyer paid it. The defense lawyer's plea for a jury trial was not granted
and it resulted in a judge trial.

The trial began September 12, 1994. The parents were given their first
opportunity to give testimonies. On September 15, the plaintiff won the
case with the amount of $653,000 as the compensation for damage. Mr.
Charles Moore, the plaintiff lawyer brought contradictions in the
defendants' testimonies at the criminal trial to light by examining the
shooting scene many times, creating an animation video, and videotaping the
defendants' depositions. The civil trial is covered in details in a
documentary film called "A Shot Heard Around the World."

The judge denied Mr. Peairs' claim that he felt danger due to Yoshi's
action, and decided that Mr. Peairs' action was against the Louisiana law
requiring special precaution for use of firearms. In addition, the action
of Yoshi who approached gun-holding Mr. Peairs "was not at fault." The
parents also pursued the wrongdoing of Mrs. Bonnie Peairs, who cried to her
husband, "Go get the gun" upon seeing Yoshi, but the judgment cleared her
responsibility for the shooting. As for the action of Mr. Peairs who fired
the gun, the judgment stated that a reasonable person would have asked, "Why do we need a gun? What did you see?" and thus, the self-defense was not granted.