Tough Excuse

James Carroll Bayley, 44, pleaded guilty in May to killing his brother, Robert, in an incident in Raleigh, N.C., in which James alleged that Robert had come by, drunk, to retrieve his power drill that James had borrowed. James told the judge that he certainly didn't mean to kill Robert, but had grabbed his gun for protection, then ''shot him in the right leg to knock him down.'' ''Then,'' said James, ''after a short time, I shot him in the head to make him dizzy so he would fall.''

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