Monday, May 11, 2015 | 3:31 p.m.
CARSON CITY — The first-degree murder conviction of a 14-year-old Nevada boy has been overturned by the U.S. Ninth Circuit Court of Appeals in a killing nearly 20 years ago.
The court, in a 2-1 decision, said the trial court should have given jurors an instruction regarding whether Peter Elvik knew right from wrong when he fatally shot William Gibson, 63, at a shooting range in Carson City in August 1995.
Elvik was sentenced to two consecutive life terms with the possibility of parole. At the time of the killing, Elvik was 14 years, 11 months old.
Judges Mary Schroeder and N. Randy Smith said there must be clear proof the child knew right from wrong. The court said there was conflicting evidence about whether Elvik understood his action was wrong.
The decision, issued Wednesday, ordered a new trial.
Judge John Kronstadt dissented, saying there was substantial evidence Elvik knew right from wrong and that the jury was not influenced by the failure to receive the instruction.
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