In an act of self-defense, a wife from Alaska shot her husband six times in the chest while he was sleeping after incurring three days of nonstop torture from the man she once loved. This woman was arrested for the murdering of her husband, and just last week the jury acquitted her of all charges because they deemed her actions as a response to what she had suffered as opposed to a vicious premeditated killing. After a four week trial for the death of her husband on October 7, 2010; L.D. was found not guilty of all charges including second degree murder, manslaughter and criminally negligent homicide.
According to the police reports, L.D. killed her husband by shooting him during his sleep, once in the head and three times in the back using a .45 caliber handgun. She immediately called 911 to report the incident, realizing the extent of what she had just done. This mother of three was held against her will in a storage cabin of some sort located about 40 miles out of their hometown. There, her husband J.D. had repeatedly raped and tortured her for three consecutive days. Despite the evidence and medical reports of cuts and bruises on the wife's body, prosecutors sought to prove that there was no way that they could prove that she was tortured and raped by her husband.
No matter the efforts of the prosecution to state that her actions were criminal, the defense team continued to argue the fact that this woman was merely a victim of domestic violence. The couple was married in 1995 in South Carolina, and what first was love quickly turned into disaster. Court documents show that during the time of their marriage they had problems that were reported in 2006 and at that time the wife sought to have a restraining order placed against him to protect herself and her children. This report also had medical documentation of her injuries from his abuse.
After obtaining the restraining order, which already had upset the husband, she claims that he was enraged after she told him that the next step was her wanting a divorce from him. The wife shares that once she told him this, he immediately packed his bags, told the children goodbye and left the house. Though wasn't expecting a speedy return, he walked back in the door not even a half an hour alter with two loaded weapons demanding that she dial 911 so that the police would think there was a suicide rather than murder. On another occasion, L.D. shared that her husband came up to her with a gun in his hand and threw her out of the house, even though she was not wearing any clothing at the time. Sadly, she shared, that one of her sons witnessed this event occur.
After these events took place years ago, her and her husband sought reconciliation rather than divorce. They lived near his parents in Anchorage, Alaska. From the documentation of the three days of torture, it unfortunately appears as though her husband's domestic abuse was not quite finished. Because she feared for her life, and the safety of her children; she killed him one night while he was sleeping. While murder can have serious penalties with the law if convicted, there is a very important aspect to understand and that is the difference between murder and self-defense. Reasonable cause is necessary when claiming self-defense in a murder trial, and this was the case for this wife and mother; had she not, it may have been her body covered in blood.
In the event that you have been accused of murder though it was an act of self-defense, contact a criminal defense attorney in your area for the legal representation you deserve.
