Trail of evidence

Two lives had intersected on an Arizona trail. Grant Kuenzli’s ended there. Now Harold Fish was on trial for murder.

What really happened that terrible day?  And by what route had they come to this deadly spot?

Mel McDonald, defense attorney: What we want to do is to give jurors an appreciation of what happened. Let them get to know the two people that were involved in that day. Character does dictate behavior.

The victim’s supporters— including his sister Linda Almeter— insisted he would never hurt anyone.

Linda Almeter, Grant Kuenzli's sister: Grant’s an honorable, noble, responsible, caring, loving person.

But not long after the shooting, a darker side of Grant Kuenzli emerged.  While some saw him as a gentle, dog-loving volunteer, there were reports of an unstable, violent past.

Ernie Encinas, fire marshal for Gilbert, Arizona: He would go from zero to hot in a very short amount of time.

Ernie Encinas is the fire marshal for the Gilbert, Arizona fire department. He hired Kuenzli as a fire inspector in 1997. At first, he seemed like a good employee. But he says things changed quickly.

Encinas: He would get mad, he would clench his fist, he would hit the table, he would pace back and forth, his voice would elevate.

Encinas says when he read Harold Fish’s account of what happened on that hiking trail when he encountered Kuenzli, it was almost like a flashback for him.

Encinas: I could actually see in my mind’s eye Grant’s fist. I could see his face. I could see how he acted with me.  So it wasn’t hard for me to imagine what Mr. Fish might have seen.

Steve Corich is the director of public safety at Mesa Community College. One morning in 2003, a security officer found Kuenzli walking his dog on campus without a leash. When the officer confronted him, Kuenzli became agitated.

Steve Corich, director of public safety at Mesa Community College: He was loud. His fists were clenched. All of his body language essentially conveyed that he was extremely angry.  And it took quite a while to calm him down.

In his 26-year career, Corich says Grant Kuenzli stands out.

Corich: He had one of the hottest and quickest boiling points of any of the people I’ve ever dealt with. 

Clayton Hamblen, justice of the peace: His look was one of “I would like to rip your throat out.”

Clayton Hamblen has been a justice of the peace in West Mesa for 15 years. One day, Grant Kuenzli showed up for a court hearing with his dog, when Hamblen suggested he leave the dog outside. He says the dog owner became aggressive.

Hamblen: He began to clench his fists. His eyes got a look that was just almost downright scary.     

Hamblen says Kuenzli seemed more concerned for the well being of his dog than people.

Hamblen: I said “The man is either going to kill somebody or somebody is going to kill him.” And that was my feeling… that was just a gut reaction.

Then there are police reports from an ex-girlfriend, who says when she tried to break up with Kuenzli, he stalked her and broke into her house. She wrote in a court affidavit that Kuenzli once attacked a male friend of hers and she even told police Kuenzli sexually assaulted her. She obtained two orders from the court to keep him away.

And there is evidence that Kuenzli was mentally unstable in the past. A police report from 2002 says he threatened to commit suicide with a knife. And mental health records indicate that Kuenzli received treatment for a panic disorder, post traumatic stress disorder and a mood disorder.

The defense attorneys believed Kuenzli’s history was relevant and should be heard by the jury.

Mel McDonald, defense attorney: This character evidence corroborated to the letter every point that Harold Fish had given to police that night. Everybody that dealt with Kuenzli knew that he was a ticking time bomb.

But the judge in this case limited what the witnesses could say, ruling they could only speak in general terms. The victim’s mental health records were ruled inadmissible as well.

Still, the defense was able to put on a series of witnesses whose descriptions of Kuenzli made him sound potentially threatening— including the justice of the peace from Mesa, Kuenzli’s former boss the fire marshal, and the director of public safety at the community college.

In all, 10 people took the stand to talk about Kuenzli’s reputation for aggression and violence.

For Kuenzli’s sister though, none of these things matter.

Linda Almeter, Grant Kuenzli's sister: His character for better or worse is irrelevant in this whole situation as far as I’m concerned. He was shot and killed by a total stranger. 

Although Kuenzli’s mental health records were not entered into the trial, the medical examiner did tell the jury that the anti-depressant Effexor was found in Kuenzli’s system at the time of his death.  The amount of the drug in his system was in the normal therapeutic range.

The defense believed it had built a case to prove Harold Fish was legitimately fearful of Grant Kuenzli, and that his actions were justified when he shot him.

McDonald (in court): If we believe reasonably that we are about to lose our lives, we have the right to say no and to stop that threat.

Which path would the jurors choose? It was up to them to decide whether Harold Fish acted in self defense, or should be held responsible for murder.