By Paddy Notar
Mr. David Yannello shot Brad Phelps in Girdwood outside of the Sitzmark bar two years ago. Both had been tying one on pretty good. Both were legally drunk three hours after the madness. The only exception—Brad had been shot four times with a .45 caliber pistol with one bullet hitting him in the back. I saw David in the courtroom. I think I was one of five people there besides lawyers and family. David was explaining to the judge before he was to be sentenced that he felt scared and simply reacted. He apologized with a shaky voice.
Brad Phelps was drunk and was kicked out of the Sitzmark. He had a blood alcohol content of .26 at the hospital. He's no angel himself as he has was taunting David Yannello. Bullying him sounds more like it. The question is—what happened? Did he scare and threaten Yannello, which the defendant contests? Why was Yannello carrying a loaded .45 while drunk? He blew a .132 at the Troopers office about two hours after the shooting. Can anything positive come out of that situation?
Yannello was acting stupid, Phelps was being a jerk, and seven shots were fired from a handgun and changed both of their lives forever.
The judge let the lawyers speak as long as they wanted while he glanced over photos of Phelps in the hospital with four large holes in his body. The prosecutor seemed to repeat his point a million times over and the defense attorney kept talking like the clock was ticking at his hourly rate.
Yannello's brother was there. He owns a plastics manufacturing company in the state of Oregon. He's 41. David broke his back a few years ago and hasn't been the same, his brother told the judge. His long-term injuries are awful and one wrong move and David could die. His spine is screwed up from a tree that fell on him when he was 19. But does that justify going to a bar with a loaded gun and getting wasted? Absolutely not. I saw his eyes. He seemed like a nice enough guy, but I looked a little deeper. I caught a glimpse of him when he rotated his head to look in back of the courtroom. I saw something. I saw a bratty, scared kid. He didn't seem to have any remorse other than being upset at having to admit the crime. This was a kid who shot someone four times, walked by his victim's lifeless body, and didn't even bother to call 911 until two house parties later. This was a kid who thought he was privileged. To boot, he lied about Phelps having had a knife and pulling it on him.
David Yannello went to the Sitzmark with a purpose and with a loaded .45. He got drunk, overreacted, and did a stupid thing. David Yannello said Brad Phelps was going after him. That Phelps was going to kick his butt for no reason. David Yannello should have run like hell, thrown snowballs, screamed for help, or gone to the bar and told security that some guy was forcing his drunk, loaded, hand. Then he shot Brad Phelps three times in the stomach and chest and once in the back. Phelps has had five surgeries, barely kept both his kidneys, is constantly fighting off internal infections, and has no insurance.
I listened and listened to the witnesses and lawyers at Yannello's sentence until it got so repetitive, I couldn't stand it anymore. It was like someone denying the obvious. Get on with the justice already. Let's just end it. The judge put off sentencing for four weeks because the attorneys couldn't shut up. I felt bad for Phelps. He would have to wait, once again, for justice.
Being there was like attending a funeral. The place was so quiet and sterile. Everyone seemed as if they were in their own little world, and it was an uncomfortable place to be. I understood the stupid move Yannello made. Being bullied and taunted can be a scary situation. He's never been in trouble before, but carrying a loaded .45, or any gun for that matter, while drunk is just dumb. I just can't get that out of my head.
Brad Phelps blacked out and probably said some stupid things as he was kicked out of the bar. He and his anger played their part. Even so, it's very rare where shooting someone can be justified. It is the only known public shooting, a shooting out on the streets of Girdwood that anybody can recall.
I looked to my left and there was a man sitting next to me. He was about 75, had khaki pants on, white socks, and shoes that looked incredibly comfortable but not so fashionable. He seemed tired. This gentleman was wiping a tear from his eye as he watched the witness, Brad Phelps, talk about what happened, detailing how he didn't remember anything until he awoke with a tube in his throat at the hospital. This man was David Yannello's dad. I sat back and thought to myself, sometimes the true victim of such a stupid and unnecessary act of violence is sitting right next to you.
Sometimes there's another victim. He's the guy sitting to your left, with tired eyes, wondering what the hell happened to his son on that cold November night.
