Light Term For Killing As Battering Case Ends

YAKIMA - A man who killed his employer after repeated sexual assaults was sentenced to 21 months in prison yesterday in what attorneys called the first use of the "battered-person" defense in the United States.

Peter Schneider, 25, pleaded guilty Monday to a reduced charge of first-degree manslaughter for the 1986 killing of Dennis Waymire.

That launched an extraordinary five-day sentencing hearing in which Schneider's lawyers argued that he was driven to kill because of sexual and mental abuse.

Yakima County Prosecutor Jeff Sullivan contended that Waymire's killing was a well-planned execution, and he asked for a 10-year sentence.

Superior Court Judge Michael Leavitt, calling it one of the most tragic cases he had ever handled, gave Schneider a sentence 10 months lower than the standard range for manslaughter.

"The victim, Mr. Waymire, is dead," Leavitt said. "The victim, Mr. Schneider, is still here and before the court.

"When you view the deliberation and planning that went into the killing of Dennis Waymire, it has to be done through the prism of the battered-person syndrome," the judge said. "I can't find any aggravating factors."

Attorney Paul Mones of Los Angeles, an expert in the use of battered-women and battered-children defenses, said it was among the first cases in the nation that allowed the use of a "battered-person" defense involving two people of the same sex.

"This definitely will have a ripple effect as other cases like this arise," Mones said.

Schneider, of Zillah, is likely to serve about 14 months of the sentence, Mones said.

Sullivan said he had sympathy for Schneider but the planning of the killing demanded a severe sentence.

"Battered-person syndrome is clearly the defense of the 90s," he said. "It still needs definition."

Both sides had waived the right to an appeal after agreeing to a plea bargain in which the charge against Schneider was reduced from murder to manslaughter.

Waymire, an auto-parts store owner in Toppenish, disappeared in 1986 and was treated as a missing person until last year. Schneider worked the counter and delivered auto parts for Waymire's store.

The killing came to light last May when Schneider's brother, Kevin, revealed it during a routine polygraph examination while applying for a job with the Washington State Patrol. Peter Schneider had revealed the killing to his brother a year earlier.

Schneider pleaded guilty to shooting Waymire in October 1986 in the Schneider family's orchard near Zillah.

In his taped confession, which was played in court Monday, Schneider described Waymire as a friend and employer who suddenly began demanding sexual favors.

Waymire claimed to be connected to the Mafia and warned that he would kill Schneider's family and girlfriend if Schneider did not cooperate, Schneider told authorities.

He was subjected to anal and oral sex, and contended that he began contemplating suicide. Then he decided to kill Waymire instead, apparently with the aid of an accomplice whose identity was not revealed during the hearings.

Schneider, who was 19 at the time, hid a .22-caliber pistol in the orchard, lured Waymire there with a claim that he was having car troubles and shot his employer in the head.

It turned out that Waymire had bequeathed $100,000 to Schneider in his will. But experts testified at earlier hearings that financial gain was not Schneider's goal and that he had waived any claim to the money.

At a pretrial hearing in January, defense experts testified that Schneider was suffering from psychological disorders stemming from sexual and mental torment.

Schneider began working for Waymire when he was 15 and received money, gifts and a vehicle from Waymire before the assaults began, testimony in court revealed.

Experts described Waymire's relationship with Schneider as a classic case of a sexual offender "grooming a victim."