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this is never a good thing. your dad was shot. i collapsed to the floor. none of it made sense to me. i had to hear the whole story. >> fences make good neighbors, they say. this was made for a fight. >> drug private property without permission. >> we are? >> big sky country, small by one man. >> the neighbors felt he was a bully. >> this man, who refused to be fenced in. >> praise for this country. >> a showdown, for shooting, and one man died. >> on his elbow, he said, he should've done that. >> the shooter says it was kill or be killed. what was the truth? >> it was murder. >> kieran simple? >> yes. >> the man who shot first told his story. >> him or me, and i shot him. >> he said he came at me with a gun and i didn't have a choice. >> did the dead man's body tell a different story? >> wasn't even looking at him.

he was looking the other direction. he got shot in the back. >> only two men were there and one of them is debt. now, his daughter wants the truth. >> who is this guy that could just steal such a beautiful soul from this world? ♪ ♪ ♪ >> hello, welcome to dateline. buying a piece of land to call your own is part and parcel of the american dream, but when it montana bought his slice of heaven in the vast western wilderness, it would set off a chain of events that ended more like a nightmare with one man shot down and another charged with murder. how did this neighborly dispute turned deadly? here's morrison with the feud. >> there are still places in america so peaceful, god must have been smiling.

like this place in montana, bob marshall wilderness. more than 1 million natural acres outside the glacial park. humans, a small pale stain on the fringes of paradise. strange that a person out here would feel so tense. >> we always knew that something was going to happen. >> but there was no question about it. soon, de la rosa was a worried woman. >> we just didn't know who is going to be on the other receiving end of it. >> yes, there is trouble, big trouble. soon, her husband down could feel it in his bones. this had been such a happy place. nearly a century, people have been coming here to hunt and fish and ride the trails, summer, winter, whatever. families, like the della rosa, bought small lots and build cabins downhill from the public lands. around an old ranch called the

diamond bar ex. >> it was a place to get away from your daily grind. you go up on the weekends, that you heard, and have fun. >> with no boundaries, i'm assuming. >> that's exactly right. >> harmony, community, where the rule. that, 2001, sue and dan were married up here by everyone's favorite waterfall. >> we invited everyone. it was a fun place to be and everybody was family up there. >> oh, how they loved it. >> praise the lord for this country. >> tim newman loved it to. his daughter, christy -- >> my dad was a real mountain man. he loved being in nature and sleeping under the stars without a tent. that's what made him happy. >> tim and his wife, jacqui, we're fixing up a cabin up their own here. >> move fast, real fast. running around, fixing this, i will wake up to hammers banging and saws. >> he and jackie are each other's second chance at love.

they bowled each other over and 2004, got married. >> i felt so blessed. we were blessed. >> or were before the trouble. it was that business about the land that started it. one of the neighbors had always use the land and trails like everybody else, managed to buy up hundreds of acres for himself, smack dab between all of those little cottages and the vast public wilderness of the mountain. then, he refused to allow anybody to use the generations old trails connecting their cottages to the forest. this is him. his name is joe campbell. >> how do you feel about that? >> not happy. >> not good. it was like they were taking something away that was mine all along. we felt violated. really? why would you do that? >> then, deputy kohberger responded. often. >> what was the name thing when you got called in there for? >> people trying to access the

public land through private land. the owners of the private land blocking the access. >> any one particular name you got to name more than others? >> mr. campbell. >> what was the neighbors feeling about him? >> the neighbors felt he was a bully. >> not only neighbors, mind you -- >> private property without permission. >> we are? >> this is 2008. joe campbell confronting a visiting hunting party. >> you're on my property. three quarters of -- >> joe by wielding a high powered shocker called a street smoker. known far-right control, combat. >> quite a weapon you are carrying. are you threatened? >> that eta bergen. >> i was, that he's going to run into the wrong type of person. he isn't going to put up with him. i thought other he would shock me someone like that or he was going to shoot somebody. >> then, there is a time when joe marched into a de la rosa

family reunion, they said. claiming that one of their cars was blocking a road. >> screaming, yelling profanities. you know? being an absolute jerk. >> the della roses wrote a letter to the county attorney, asking him to do something about joe before someone got hurt. they were advised that the property disputes were a civil man -- matter. then, some of the families sued. years later, made a deal with joe that gave them the right to cross his land. joe put up signs, listening the people granted access. >> we saw some deer. >> not everyone could afford to join the lawsuit. tim newman, for example. >> so, it was really hard for him to swallow that. he wasn't accepting of it at all. >> there is dan up there, leading the way. >> anyway, he figured his god given right to use those trails superseded any earthbound lawsuit. >> this is the gate to annoy us. it's annoying. >> yes, tim newman was

convinced. he had a natural right to cross campbell's land, a long use traditional trails to get to a very public national forest. >> some are over there, we're not going that way. >> highlights of temper 2013, tension was, well, it was tense. tim challenging joe. joe increasingly angry. threats flying back and forth. that, it was hunting season. here, a brief calm. tim at a hunting front avoided joe -- campbell's land. >> here we are, cutting trails. hunting season 2013. it's getting pretty. >> what did that, we tim left a voice mail for his daughter, christy. >> he was telling me about a bear he just had gotten. he'd been wanting to get a bear for a long time. he finally got up there. >> what is the old saying? >> sometimes you get the bear,

sometimes you don't -- you know the rest. by the way, everybody but the bear lived. that day. but not for long. >> 9-1-1, what is your emergency? >> shots were fired in -- >> a shooting up on the mountain. who was the victim and who was the shooter? >> coming up -- >> she's, like christy, i need you to sit down. i'm like, no. >> and a puzzle for the sheriff. two guns, one angry man. >> i was just plain -- a thought he was going to shoot me, so i shot him first. >> when dateline continues. n dateline continues ♪ breeze driftin' on... ♪ [coughing] ♪ ...by, you know how i feel. ♪ if you're tired of staring down your copd,... ♪ it's a new dawn, ♪ ♪ it's a new day... ♪ ...stop settling. ♪ ...and i'm feelin' good. ♪ start a new day with trelegy. no once-daily copd medicine has the power

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october 2013, a sheriff's deputy raised 20 miles from the small town of augusta, montana. to the edge of a bog marshall wilderness. >> clark county sheriff -- 's >> there had been a 9-1-1 call. reports of shots fired, a man down. when the deputy finally pulled to a stop, he found joe campbell standing behind the gate he built to block the trail to public lands. just ten feet away, sprawled in the dirt, there was tim newman. the deputy ripped open newman shirt, saw a gunshot wound to the chest and that it was too

late. >> my phone rang. she's, like christy, i need you to sit down. >> tim's daughter got a call from her aunt. >> i'm like, oh, no, this is never good thank. i just immediately said, no. no, i don't want it, i don't want you to tell me what you're about to tell me, no. like, no. she's like, i'm sorry. your father shot. tim's death. >> tim knew it was 53 when he died beneath the big sky he loved. >> i was floored. i was stunned. >> we always knew with the guns being pulled that something was going to happen. i just didn't know who was going to be on the receiving end of it. >> it's a beautiful area. as you're driving there, you're thinking, how could anybody who lives in such wonder be so angry? >> sheriff leo dunn responded to the scene just after his deputies. i'm found joe campbell in the back of a patrol vehicle. >> hi, sir. >> hi there. >> sure. >> we had to take a straight

face value because nothing seemed amiss. >> what was that story? >> it was plain -- a thought he was going to shoot me, so i shot first. >> made sense. tim newmansville.357 magnum was found on the ground, not far from his right-hand. and the sheriff knew that tim newman had been debating the bear, biting joe campbell's rules about what he could or couldn't crosses land. carried a video camera with him. >> this is what you have to go through with this gate. >> tim, boldest brass, had been cutting padlocks, which joe campbell used to block his gates. >> when i first talked to mr. newman about this, he admitted to cutting those locks and said, he was going to continue to do that. i said, well, i guess if that is the case, mean you are probably going to be pretty good friends. because i will see you quite often. >> did you charge tim newman? >> i did. i did. >> right of tickets for him? >> i did. for criminal mischief to the box and gates that he was cutting and destroying.

>> not long. >> tim thought the charges put but up a judge, where he would finally have a chance to set the record straight and preserve what he believed to be his natural right to use the trails across joes land to the very public national forest. but, just days before the shooting, a county attorney dismissed all the charges against him saying it was not a criminal matter, but a civil one, which tampa newman took as tacit permission to keep cutting the locks. >> did you ever say, to, this is not a good way to go. >> yeah, we did. yeah. >> you're gonna go cousin because locks, there are a happy camper. >> yes. >> which leads us back to the gate where tim newman now lay dead. joe campbell was telling sheriff deputies a story. he and his wife, tammy, we're walking up the trail to ward their property, said joe, when tim started following on his atv. they were frightened, he said.

they urge through the gate, slipped through it. as he said his wife to call the sheriff, tim thought out of his atv and approach the gate with a pair of bolt cutters. then, said joe, tim planed down to the padlock of the gate and notice joe was wearing a pistol on his hip. >> he said, oh, your armed. he started putting his hands on his gun and coming up. that's when i drew my gun. i shot and he spun around. i thought i'd hit him, but wasn't sure. he spun around and he still had his gun in his hands. and he was going down. i shot him again and the back. i was ready to shoot again that each of the gun and rolled over. and then, he got up double, that you should have done that joe. >> that was joe campbell story. he was threatened, so he shot tim newman twice. i, in the chest, that in the back. >> we didn't arrest him because he asserted itself defense.

in montana, there's a lot that you don't have any duty to run if you feel threatened and you can protect yourself with deadly force. >> essentially, shoot first and figured out later. >> yes. >> figuring it out will take time. >> i can walk up. >> no, we will give you a ride. >> so, joe campbell was sent home that very day. and tim newman's body was taken away for an autopsy. of course, science entered the story. science is glorious as all outdoors and badawey human foolish advantages. >> coming -- up this really all came down to the body. >> absolutely. >> but tim's neighbors had already decided. >> they were, why wasn't he in jail? they shot a person. >> when dateline continues. hen dateline continues

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ask your gastro about rinvoq. keith morrison: in the days after tim newman was shot was shot dead, joe campbell went back to his home on top of the mountain. many of his downhill neighbors but the death dissuade them from visiting their cabins on the land they loved, but not dan ensue de la rosa. >> all the neighbors ran and hit and not come up to the mountain -- run, he has a whole place to insult, which is what he wanted

originally. we said, we are going. >> this was our paradise. even though it was shattered, we were willing to walk away. >> many neighbors vented to the sheriff about joe campbell. >> why isn't he a jail, they shot a person? why did we do something about it? but there is a montana law that guides our behavior. >> the question became, one of intent. >> yes. >> if you intended to defend yourself within the law, if you intend to kill somebody because he is a pain in the butt, it's against the law. >> yeah. you don't need to shoot people for that. >> but which was it in this case? self-defense or murder? remember, joe campbell could tim newman confronted him, leveled a gun at him. so, campbell was within his rights to fire first. >> i, shotspotter. round >> that second shot and the back was half reflex, half fear, he said.

make sure he got the gun that threatened him. >> i shot him again in the back part of the -- i guess it was maybe the lower back or something. >> except, this was curious. tim was left-handed, but his gun was haunted lying on the ground near his right hand. tim scott had been firing. so, if you have the drop on joe, as campbell said he did, how did joe get a shot off before tim could pull the trigger? the puzzle landed on the desks of that deputy attorney general cohen are and jenga's in ski. >> i think married i both feel like most feel, we have a chance to defend ourselves. i think the challenges to but there is a justifiable homicide versus a situation where you wanted to commit murder and he's justifiable use the first to get away with it. >> the two prosecutors had to decide which applied in this case. >> we want to be said, oh, you are armed. >> they heard joe campbell side

of the story. the only story tinubu could tell would come from his autopsy. >> this really all came down to what the body told you, what the wounds told you, right? >> absolutely. from that autopsy, we learned that there were two shots to tim newman. one shot was to the back. severed his spine and and what have paralyzed him instantly from mid chest down. the other shot hit his hand first and then skimmed his chest and was past his head. >> so the prosecutors, the angle of those shots strongly suggested the first shot could have been in timmins back. >> so, it told us that the story that joe campbell had told law enforcement that he had shot into tim newman as tim newman was rising up with his own gun, physically, it didn't work out from a common sense level.

>> they called joe and for a second interview when, again, he said tim was the aggressor, chasing joe and his wife in his atv. >> tammy was scared, really scared. i asked have you twist, i said, maybe you should go home, call the chair. she did want to leap. >> but, said joe, that is one to him came at him. >> all the sudden, oh comes a gun. it is stocky for a second? because, i have one question i don't wanna forget it. you're saying that you're really fearful, but just wondering why you stay and don't take off. >> well, ron our own property and -- i don't think -- i guess i was hoping that he would do anything. >> it's, that said joe, tim walked right up to the gate and him. and then joe campbell's story changed. right after it happened, joe quoted tampa saying, oh, you

are armed? now, he claims, tim pointed a gun right at him and said -- >> should him first, something like that. and a couple of. >> certainly that statement, she persecute a lot, i think he was trying to show that tim newman verbally told him that he was going to shoot him and before that, there was nothing. >> but that the angle of the shot suggested the first shot was a shot in the back. no, so joe. it didn't matter. not long after the, said joe home again and wondered, what was the truth? what wasn't? can be sure. >> in the end, we really needed a shooting reconstructionist and reconstruct the shooting at the same. >> but that reconstruction would have to wait for one of those only and montana reasons. >> right after tim newman had been shot, there had been a big snowstorm at the crime scene

had been under snow that whole winter and we had to wait until may to get him up to the crime scene so he could do his work. >> so, once again, it was springtime in montana. the answer? here at mindless as the first 20 blossoms rose up from the greening soil. >> murder. >> principal? >> yes. >> how did they know eight months after the fact? how would they prove it to a jury? different sort of science altogether that. >> coming up -- in the old west, it was the lowest thing you can do. >> shot in the back in cold blood? >> he admits that he shot him in the back. >> when dateline continues. when dateline continues nothing beats it. new pronamel active shield actively shields the enamel to defend against erosion and cavities. i think that this product is a gamechanger for my patients- it really works.

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there's more to your life keith morrison: montana state capitol >> montana state capital in in helena, february 2016.

helena, february. 2016. into the old supreme court chambers. came a small, elderly man. joe campbell, 70 years old was charged with murder. deliberate homicide, they call it here. accused of killing tim newman in cold blood. >> it made me wonder how it had gotten to this point. where someone died. >> where's, of breaking the unwritten code of the rest. >> you are accusing this man of doing probably the lowest thing that you can do. western mythology, should a man in the back. is that what he did really? he shot him in the back in cold blood? >> he admits that he shot him in the back. >> but was it campbell's first shot or in his second? that could make the difference between murder, and self-defense. >> this was not a justified killing and the state of montana is going to ask that you find joe campbell guilty of deliberate homicide.

>> remember the crime scene expert who had to wait for the snow to melt to make his calculations? this is him. >> my job was to independently investigate what could've happened at this particular crime scene. >> william neck, a forensic scientist. what he did was try, with an assistant mind you. to reenact events as joe campbell claimed would have happened. lining up body position, tracking the bullets. that sort of thing. and? >> were you able to reconstruct the scene as mr. campbell said hit had happened? >> no i was not able to do that. for either shot. >> but guess what did lineup? the shots in the opposite order. that campbell had claimed. >> my opinion is, mr. campbell shoots mr. newman in the back as he is running from the gate. at that point, he falls to the ground on his back in the death position. at the time, mr. campbell takes the second shot. a grazing shot over the head.

and across the chest, missing the head. >> look at it, said the scientist. with tim fallen by the first bullet to the back, and the second travel south to north, grazing his best. nicking his hand. and zipping right past his head. the only way it could've happened was he right? why not call a legend to confirm it. budgetary expert, that is. >> the state calls dr. where they're spits. >> dr. spitz wrote the book on prince like fourth-ology. he even brought the book to court. >> i can only tell you if weight has a meaning in my way of quality, this is nine pounds and a quarter. >> 89 years old, he took the stand. doctor spitz investigated the assassinations of president kennedy, dr. martin luther king, and many more. he testified more recently in the phil spector and casey anthony trials.

so what did mr. smith say about this case? >> just to be clear, doctor, your opinion is that mr. newman was shot in the back as he turned away from the gate some ten feet from the gate? >> yes, that is correct. >> and that he fell to the ground on his back? >> that is correct. >> and then he was shot a second time, landing in this death position and those ones to the hand lined up perfectly? >> line up perfectly. >> the big mystery that, according to prosecutors was, why. why would joseph campbell have shot him in cold blood? well. do you remember that video of campbell taken by a hunting party in 2008? prosecutors played it for the jury, to show that campbell was not afraid to confront. and chase of anyone who prepared to cross his property. even when he was on outnumbered. >> you can see on the video he was not afraid of those

hundreds. so to accept his story that he was terrified of tim newman? a man? a neighbor of his seems to not be plausible. >> they also cited another incident. >> your relationship with campbell, how would you describe that relationship? >> one word, miserable. >> and he looked up at me and he said, i don't know who you are mr. but you are trespassing. and i don't ever want to see you again. >> this woman wasn't on me colonel, on leave from iraq. when they were confronted by campbell and his shotgun. >> and he was like, hey sweetheart who are you? both my dad and i told him put the gun down. we just want to go on a ride. i have to go back to iraq, and he refused to put the shut down. and he said, this is my property. this is my property. >> prosecutors argued that there was proof that joe campbell intended and planned to kill tim newman. his own words. like what he said to the deputy

county attorney who declined to counsel -- this was days before the shooting. >> he told me that i was not going to take care of mr. newman. that he would. >> he did refer to tim leaving the top of the mountain in a body lip bag. >> joe's words to a contract or two days before the shooting. >> he cleared his jacket back from his pistol and touched his side like that. and he stated that the next time i speak to newman, i'm going to put him down. i wanna put him down, lamont. those were his words. >> he said he was going to kill him, and then he killed him. it was murder. >> in rural montana, it is clear as day. you can defend your castle if you are threatened. absent the threat? then, murder is what it is. and what could joe campbell possibly say that about that? while, as it turned out, lots! >> coming up!

>> i try to stay alive. that's all i wanted to do. it was him army, and i shot him. i did. >> dramatic testimony from the accused. but, what a jury believe it? >> so all of these people came to the court, took an oath, and applied for this jury? is that right? >> objection, your honor. >> a courtroom showdown! when dateline continues! ine continues! h nucala helps reduce. nucala is a once-monthly add-on injection for severe eosinophilic asthma. nucala is not for sudden breathing problems. allergic reactions can occur. get help right away for swelling of face, mouth, tongue, or trouble breathing. infections that can cause shingles have occurred. don't stop steroids unless told by your doctor. tell your doctor if you have a parasitic infection. may cause headache, injection site reactions, back pain, and fatigue. ask your asthma specialist about a nunormal with nucala. ♪ it's the most wonderful time of the year ♪

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when you need to talk diabetes, keith morrison: point of view can >> point of view can change change everything, can't it? everything. can't it? perspective. even in the crisp, clear montana air. where here, inside the courtroom, the vehicle was about to get decidedly hazier. >> it's about self-defense. [inaudible] >> this is joe campbell's attorney, greg jackson. who wanted the jury to see a justifiable shooting by a terrified man in fear of his own life. >> [inaudible]

it was faced with a horrifying decision at that point. to try to stay alive or die. >> all that fancy, forensic testimony bolstered by a legendary forensic photography, is doctor laird spits. to show joe first shot him in the back. good spin, said the defense. decides, the defense had their own legend. doctor -- was the guy who wrote the book on gunshot wounds and said. >> you have to have some disruption as to where the shooter is. and then you can say, this is consistent. or no it is not consistent at all. >> in this case, dr. -- came to a far different conclusion that the prosecution experts. >> there is nothing to disprove mr. campbell story. >> he offered his own theory, that tim could've been jumping, or falling backwards when the first bullet hit his hand, and

chest. and the second shot him in the back. dueling experts? maybe they canceled each other. but if joe campbell was going to walk out of the courtroom a free man, that defense had to hope the jury perceived him, and her, and a favorable way. >> joe campbell is my husband. >> and so, here was tenney. joe campbell's wife. >> and how long have you been married? , >> 23 years. >> and the only other survivor of the confrontation on the hill. so far you heard that joe campbell was a bully. that he was a threatening, maine, and dangerous old man. unafraid and aggressive. but tammy told the jury and the weeks before the shooting, it was tim newman, driving a pick up who confronted them. as they walk to their horse patch stir. >> and he said, joe and tammy. finally found you. and george said, tim, we have

given you a notice that you are not welcome at our place. please don't harass us. >> where you are afraid of him when you are next to the road? >> i was startled. joe just said let's go. and he hollered out of his window, come on let's just get it over with right now. and then he did drive off. >> and that is why, she said, she and joe were afraid of time. and why on october 18th, as she and joe walked toward home, they were alarmed to see him coming up behind them. >> and what were the things that made you believe that he was going to physically harm you? >> he was just wanting to cut the lock then why would he chases up the hill? why would he do that? we were watching him, he was on his atv. and he was off his atv. and he was grabbing the bolt cutters. he was unpredictable, he was highly agitated. >> so what do you and joe decide to do next? >> joe just kept saying, you

need to try to get out of here. you need to try to get safe, you need to try to get home. you need to call the sheriff. i didn't want to leave joe. >> but she deadly, if she said. and on her way to calling 9-1-1, her gunshots. place the call, rushed back, and? >> i saw joe's standing at the gate. and he said he came at me with a gun. and i did not have the choice. [crying] and then i saw mr. newman lying on the ground. >> and there, sometimes intense cross examination. prosecutors pointed out, not so gently, that elements of tammy's story had changed from previous interviews. but altered hard not, her story was emotional. as was shill campbell's? so kindly, and sometimes

frightened grandfather of seven? or neighborhood believe, the man who brandished weapons at neighbors and strangers alike. the defense said about changing perceptions. the neighbors? the hunters? >> did you threaten them with a shotgun, anything of that nature? >> no, just they were trespassing. i asked them to leave. >> the army colonel and her father? >> ever pointed a shotgun at them? >> no sir. >> but there was no getting around the fact that he told the deputy dea that he was going to take care of tim newman himself. could be more than one way to perceive that. could there? >> we were going to get, take legal action. we were frustrated, i was really frustrated. >> legal action? that's how he attempted to take care of tim newman, said jill. he was a frustrated and terrified man. and he was terrified when he had

a rage that day. man had murderous eyes, said joe. >> it's hard to stand up here and say it in front of everybody but i tried to stay alive. [crying] that's all i wanted to do. i was thinking about tammy, thinking about my kids, my grandkids. it was him or me, and i saw them. i did. [crying] >> had joe campbell's succeeded in changing the jury's perception? before mr. campbell could leave the witness stand, the prosecutor got a chance to cross examine him. and once again present the bully of the mountain, the neighbor said they knew all too well. >> [inaudible] approximately two or three days before you shot and killed mr. newman, you told him, i'm going to put him down. did you say that to mr.? >> i did not. >> so all these people who came

in the court, took an oath and lied in front of the story? is that right? >> objection. >> ultimately, the prosecutor said, joe campbell could have avoided a confrontation. could have, but did not. because he wanted it. >> all you have to do to save your wife, to save yourself, is to turn downhill and walk, dog, run, down that hill to safety. >> i looked at some of those options, mr. kaczynski, it's a hell of a lot harder on the health side. when someone is striking you than to stand in a courtroom, two hours later. >> so if you were a juror, what would you think about joe campbell? and that play out on the mountain? was it murder? or self-defense? >> coming up! waiting for the jury. >> there is so much anxiousness. >> hoping for justice.

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welcome back to "dateline." >> welcome back to dateline. i'm craig melvin.

i'm craig melvin. a gun wielding neighborhood bully. that is how witnesses described the accused killer. but when joe campbell took the stand the defense was hoping to change that. painting him as a husband and grandfather in fear of his life. what version with the jury believe? here's karen morrison with the conclusion of the feud. >> on the 3rd of march 2016, and the old supreme court chamber of montana state capitol building. the question went to the jury. did joe campbell have a right to issue tim newman? was it self defense? or was it cold blooded murder? dan and -- waited, will their thoughts in the jury room. >> i believe he murdered him. >> murdered him, absolutely. >> it had been a while since montana passed a new law equalizing self-defense.

it was hard to know what a jury might decide. >> if they find it not guilty, there will be for sale signs everywhere up there. >> so, nurses hours around the old code room. which turned into a hold they, and then into a second. >> there is so much anxiousness, just waiting for the jury to come back. >> and then? just afternoon. they too. the jury set the judge a note. >> please be seated. >> and everybody was summoned to the courtroom. >> i am told that you folks are hopelessly deadlocked and that even if given more time, you couldn't reasonably expect to reach a decision. is that your understanding? >> yes your honor. >> i'm going to declare a mistrial. >> a mistrial! three weeks of testimony, all for not. >> and the state may or may not bring the case again. we are done here. thank you. >> i couldn't believe it. it was a complete shock in the

for the whole family. that he could just leave that courtroom. and not have a guilty or not guilty. and just, like nothing happened. like nothing happened. >> what was the state to do? while, in this case that the prosecutors, the decision was obvious. they offered joe campbell a plea deal, and, they scheduled a retrial. because? >> it is a dangerous situation. and i am concerned that it will be repeated and somebody else will be killed. >> joe campbell remained out on bail with the proviso that he remain at least ten miles away from his property up on the mountain. but? less than three months later, may, 2016. joe campbell elected not to face a second trial. instead, he walked into a courtroom and waved his claim that the shooting was legal. >> how do you plead to the charge of negligent homicide?

>> no contest your honor. >> a plea of no candace. meaning he never admitted or denied the charge that he committed negligence homicide. a reduced charge, from the original allegation of intentional homicide from montana's parliamentary of first degree murder. >> i think it's in the best interest of myself and my family. >> in the case like this, said prosecutors. you take what you can get. >> we are focusing on community protection, and we think it's probably the best agreement that we could reach. and have a guaranteed resolution of this case. >> before the judge pronounced campbell's sentence, ten newman's wife jackie went to the podium. >> just because you are callous and, have no remorse. i want you to be aware as tim's wife, you have affected our lives in a horrendous way. >> tim's daughter, christy, also said in the statement, unable to be present because she just had a baby. a granddaughter that tim never got to see. >> my dad died a hero.

what will you die? >> that makes me very angry. yeah, very upset, very sad. like who, who is this guy that can just steal such a beautiful soul from this world? >> the judge offered joe a chance to explain, or apologize. >> is there anything that you would like to say? >> now, your honor. >> campbell also declined a chance to explain on dateline. his lawyer issued a statement which reads in part, the plea agreement allowed mr. campbell, his wife, his family, to go forward with a certain array of freedom. and the removal of constant stress and anxiety. while still allowing him to maintain his innocence. and continue to maintain that he had necessarily acted in self-defense. >> for your plea of no contest. >> the defense? it was part of the deal with the state. 20 years, but not in any prison. all of it suspended sentence. >> and no fines or restitution is imposed.

>> but as the neighbors listen, the judge told joe that he will have to abide by some very important things. he will never again be allowed to possess a firearm. and, for two uni years, even as the old man manages to live that long. he cannot return to the mountain that he once called home. he will never again set foot in his house, his forced, his trails, his precious property. >> ironic, isn't it. you care so much about your property. that you never get to see it again? >> yeah. >> yeah. >> it's very ironic. >> before he owned all the big property, he recreated, just like all of us. and he walked down those trails across everyone else's property. and hunted, and enjoyed it. life was good. that's when he decided that he needed to take control, is when it all changed. >> it's like a fable, isn't it? >> yes.

>> a salk could've written it? >> an old poem. >> and if tim newman were on a cloud up there somewhere, it sent his daughter, she knows exactly what he would say. >> sorry, sorry darling. sorry for going up to that gate. without coming with me. sorry i'm not there to meet my granddaughter. sorry we can't go on another hike together. or i love you. >> praise the lord for this country. >> that is all for this edition of dateline, i'm craig melvin, thank you for watching! thank you for watching >> hello, i'm craig melvin. and this is dateline. >> she had this look of absolute terror on