ACTIVIST GUILTY OF MURDER

Brian Tyson Said He Acted In Self-defense

It was a costly murder trial.

Costly to Feltonville activist Brian Tyson, 41, who faces a possible 20 to
40 years in jail after a jury convicted him of third-degree murder
yesterday, and to the news media, which lost a court fight to protect
unpublished interview information.

The Inquirer and the Philadelphia Tribune are appealing civil contempt
fines against two writers who wrote stories about Tyson in the past.

Common Pleas Judge Jane Cutler Greenspan fined each $37,000.

Inquirer reporter Mark Bowden testified at the trial. Tribune reporter Linn
Washington Jr. wasn't called.

Tyson, who has been active in trying to combat drug dealing in his
neighborhood, stood quietly with his hands behind his back when the jury
announced his guilt.

Greenspan committed him to prison to await sentencing. She ordered
pre-sentence and psychiatric reports prepared.

Assistant District Attorney Judith Frankel Rubino said Tyson, of East
Sheldon Street, shot and killed Damon Millner, 23, near C and Albanus
streets, on Sept. 23, 1997.

Tyson, who operated a hot dog cart and other small businesses, claimed he
acted in self-defense.

Witnesses disputed that version. They said Tyson suddenly showed up in a
driveway and began shooting toward Millner, who was sitting on a step.

Tyson claimed he chased two other men into the driveway after his vehicle
was set on fire. When he heard a gunshot, he thought his life was in
danger, and began shooting.

Rubino said Tyson fired five times. She said there was no evidence that
anyone else fired a gun at the scene.

"There had been an on-going feud between the defendant and some drug
dealers, and he said this decedent was friendly with the drug dealers,"
Rubino said.

"Tyson didn't even know him or his name until after the fact," Rubino added.

Rubino said the killing was unprovoked.

Police said Tyson had been at war with drug dealers in his neighborhood,
and was about to testify against an accused robber around the time of the
slaying.

Police say Tyson had provided information about a drug gang in his area,
and was the target of their harassment.