This is an archived article that was published on sltrib.com in 2015, and information in the article may be outdated. It is provided only for personal research purposes and may not be reprinted.
The manslaughter conviction of a Utah man convicted in the 2011 shooting death of a friend was overturned Thursday because of an erroneous jury instruction.
The Utah Court of Appeals said Rodney Amato Liti, now 36, is entitled to a new trial because the instruction defining the reckless mental state for the offense of manslaughter omitted a necessary element: that a defendant's conduct was a "gross deviation" from what a reasonable person would do under the circumstances.
The 3-0 decision said that "there is a reasonable likelihood that a properly instructed jury would have returned a verdict more favorable to Liti."
The court also reduced Liti's conviction for a charge of unlawful possession of a firearm to a third-degree felony from a second-degree felony.
The trial judge found that Liti was a Category I restricted person because he was on probation for a felony at the time of the shooting and ruled he had committed a second-degree felony. However, the appeals court noted, evidence of Liti's prior felony was never presented to jurors, who decided he was a Category II restricted person, making the offense a third-degree felony.
Liti was convicted of the Nov. 5, 2011, slaying of 35-year-old Anthony Fili at the victim's Taylorsville apartment. The two men were arguing because Fili had borrowed Liti's car to sell drugs and had not returned on time, according to court documents.
At trial in 3rd District Court, Liti testified Fili pulled a gun during their fight and he drew his own weapon to protect himself. Liti claimed he saw his friend coming toward him and was trying to push him back when he accidentally squeezed his hand, causing the gun to go off.
After his conviction, Liti was sentenced to two to 20 years in the Utah State Prison for manslaughter, a second-degree felony, and up to 15 years for possession of a dangerous weapon. He also was found guilty of obstruction of justice and possession of a controlled substance and sentenced to serve zero to five years for each of those offenses. All four sentences were being served concurrently.
Twitter: @PamelaMansonSLC