Prosecutor tells jurors New Brighton man plotted neighbor's murder; defense argues self-defense

Just minutes after he squeezed off four shotgun cartridges at his New Brighton neighbors last year, spraying the couple with 32 projectiles, Neal Zumberge called 911 to report what he'd done.

He was "calm" during the call because he had plotted the coldblooded act, Assistant Ramsey County Attorney Anna Christie said Wednesday in her opening statements at Zumberge's murder trial in St. Paul.

"This was something he had been thinking about, planning," Christie told jurors, "… he stood there watching and watching and waiting until the time was right" to shoot.

In coming days, a Ramsey County jury will have to determine whether Christie's account or the starkly different one presented by Zumberge's attorneys is the truest interpretation of Zumberge's mind-set when, after a bitter yearslong feud, he killed Todd Stevens and injured Stevens' longtime girlfriend, Jennifer Cleven, formerly Damerow-Cleven, on May 5, 2014.

Zumberge claims that he was defending himself and his wife.

On Wednesday, one of his attorneys, Gary Wolf, told jurors that Zumberge thought he saw Stevens reach for a gun holster at his side as Cleven and Zumberge's wife, Paula Zumberge, argued from across the street.

Zumberge, 58, felt that he had to shoot Stevens to protect his wife, Wolf said.

" 'How is he doing?' " Wolf said Zumberge asked. "That was his first concern."

Jurors will have to reconcile other contradictions in determining whether to convict or acquit Zumberge, charged in Ramsey County District Court of one count each of first-degree premeditated murder, attempted first-degree murder, second-degree murder with intent and attempted second-degree murder with intent.

Christie has attributed Zumberge's motive to his frustration with Stevens' habit of feeding deer in his yard. She told jurors that the neighbors' "friendly" relationship grew worse in 2012 when Zumberge circulated a letter to neighbors complaining about feeding deer and stating that he and his dog had contracted Lyme disease, which is spread through deer ticks.

Cleven testified Wednesday that the neighbors' relationship was indeed "good for a long time." Cleven, who raised her son in the neighborhood, said that the Zumberge children played in her yard and that she took them to Valleyfair.

That changed, she said, after Zumberge lost his job and grew angry about the deer feeding, a nearly 20-year-old tradition.

Wolf, however, told jurors that as soon as the Zumberges moved into the 2500 block of Knollwood Drive about 20 years ago, Stevens made their lives so "miserable" that they tried to move but couldn't because of depressed housing values.

"Keep an open mind as the evidence unfolds," Wolf said.

Stevens used vulgar language against the Zumberges, "constantly" threatened them, carried one or two guns at a time while in his yard and once gestured toward the Zumberge home with his hand shaped like a gun, Wolf told jurors.

Stevens had also threatened to kill Zumberge and one of his sons, Wolf said.

Wolf and his co-counsel, William Orth, also have said that Stevens was a belligerent drunk.

Shawn and Jennifer Bortel testified that they had a cordial relationship with Stevens and Cleven, and never saw Stevens carrying a gun or holster.

Under cross-examination by Orth, the Bortels testified that Stevens drank beer in his yard three to four times a week.

Christie jumped on the opportunity to deflate the defense theory that Stevens was a threatening drunk. She asked Shawn Bortel to describe Stevens' demeanor when he drank.

"Really talkative," Shawn Bortel said.

"So, a little friendlier?" Christie asked.

Christie's direct questioning of Shawn Bortel also added weight to her theory of premeditation. Bortel testified that in the winter, Zumberge helped him clear his driveway with a snowblower. He said that Zumberge brought up the deer issue that day.

"He said it would all be over soon," Shawn Bortel said. "I thought Todd's dog would be dead the next morning. I never thought it would lead to this."

Cleven, meanwhile, testified that Stevens owned 10 guns but did not carry pistols or wear a holster in the yard. She said he wore a phone case on his belt.

She also said that Stevens did not say anything before he was shot, contrary to what the defense claims occurred moments before Zumberge pulled the trigger.

The neighbors' dispute reached a breaking point last year when Cleven ran into one of the Zumberges' sons, Jacob, at a restaurant on May 5 and called police. He was wanted by police for threatening Cleven and Stevens.

Wolf said that Neal Zumberge saw Stevens' verbally threaten Paula Zumberge, and that's why he fired. Neal Zumberge can read lips because he grew up with a deaf brother, who will testify, Wolf said.

Neal Zumberge will also testify when the defense presents its case.

Chao Xiong • 612-270-4708