People v. Spoto

NEY, Judge.

The defendant, Vincent Joseph Spoto, appeals from the judgment of conviction of first degree murder for the shooting death of Roger Berg (victim). We reverse and remand.

On the night of the shooting, defendant’s roommate, accompanied by defendant, went to a woman’s apartment to confront her concerning her relationship with the roommate and with the victim. Upon arriving there, they found the woman and the victim sleeping in a bedroom. After a brief and heated exchange of words, both the defendant and the victim drew guns. The defendant grabbed the victim’s arm, and during the…