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Sheriff: No charge for wife in intruder-husband killing
The Charlotte Observer ^ | December 4th 2004 | EMILY S. ACHENBAUM

Posted on 12/04/2004 5:15:05 AM PST by marktwain

Sheriff: No charge for wife in intruder-husband killing

Protective order issued; wife's door forced open

EMILY S. ACHENBAUM

Staff Writer

The Anson County Sheriff's Office will not press charges against a woman who killed her husband Wednesday after weeks of domestic violence against her.

Joy Burgess had a protective order against estranged husband Brian Gathings. Gathings had been convicted of threatening Burgess before, and jailed several times for charges of violence against her. But as with other recent domestic violence killings, none of it was enough to keep her safe.

When Gathings broke down his wife's back door with a shovel Wednesday, Burgess had reason to fear him, said Anson County Sheriff Tommy Allen. Burgess shot Gathings once in the chest, killing him.

The district attorney is still reviewing the case, but agreed charging Burgess wouldn't be appropriate, Allen said.

"There's such strong evidence of self-defense," Allen said.

District Attorney Michael Parker said he wouldn't comment on the case until he finalized his decision.

Allen said a family member of Burgess' gave her a large-caliber handgun after Gathings tried to break into her home Nov. 22.

Another relative drove screws into her windows for reinforcement.

"They had done things to protect her from him coming back," Allen said.

Gathings, 29, had been arrested five times since July on charges against his wife that included harassing phone calls and assault on a female.

The couple, who have a 6-year-old child, had been separated for about a year.

On Nov. 16, Gathings was released on a $5,000 bond after police charged him with pointing a gun at Burgess.

On Nov. 22, Gathings was charged with criminal trespass, and his parents signed a $15,000 bond.

On Wednesday, Gathings is believed to have disconnected the phone in his wife's home, Allen said. He broke down her back door with a shovel. Burgess, who works at an Anson County prison, shot him.

The couple had been scheduled for a hearing on the protective order Thursday.

"This is a sad case for all involved. There was a pattern here that tended to escalate," Allen said.

Domestic violence experts say violence typically escalates when a victim tries to leave an abuser, and that laws aren't strong enough to help.

The results can be devastating.

On Oct. 28 in Union County, David Wyzanowski killed his wife, three others and himself within 24 hours of being released from jail on a $1,000 bond. He had been charged with violating a protective order barring him from his wife. Two weeks earlier, he had been accused of raping and kidnapping her after luring her to his home with the promise of child support money.

According to the N.C. Coalition Against Domestic Violence, at least 56 people have been killed in domestic violence-related homicides this year statewide. -- STAFF RESEARCHER SARA KLEMMER CONTRIBUTED TO THIS REPORT.

-- EMILY S. ACHENBAUM: (704) 289-6576; EACHENBAUM@CHARLOTTEOBSERVER.COM


TOPICS: News/Current Events; US: North Carolina
KEYWORDS: bang; banglist; defense; domestic; firearms; justice; self; women
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To: Still Thinking
My assertion was that men are paid more for the same job subscription than women. I have yet to see anything to the contrary.

P S I need a smoke, we can play more when I get back it you still want too.

121 posted on 12/04/2004 1:43:29 PM PST by processing please hold (Islam and Christianity do not mix ----9-11 taught us that)
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To: pbrown
Sexual favors...it's called blackmail, sleep with me or lose your job and stop feeding that stuff to your children called, food.

Of course. That is why in our rather large organization, that woman now is one of the top paid five people out of 1,500. That is why no one is willing to complain about her obvious incompetence. That is why she gets away with bullying behavior that no one else can.

No question, it is because of fear of losing her job and not being able to feed her children. Sarcasm off.

The fact is, women have it both ways. Sleep your way to the top, keep quiet about it, no problem. After all, it is a time honored way for a woman to advance herself. If it doesn't work out, sue and claim sexual harassment.

And yes, it is possible for men to do this too (Consider John Kerry), but for the huge majority, this only works for women (unless you happen to live in San Francisco ;-).

122 posted on 12/04/2004 1:45:07 PM PST by marktwain
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To: pbrown
Yes of course, I support equal pay for equal work. It just seems that too many in the feminist crowd (please forgive my use of the term if it offends you) assume that the absence of equal pay automatically proves that equal pay is not being received for equal work, with no evaluation of the work itself.

The most egregious example of this "newjobspeak" was an attempt by some branch of the government several years ago to decide the "true" value of various occupations relative to one another. Under that regime it would have been viewed as discriminatory if a the pay for a female dominated occupation were less than the pay for a male dominated occupation that the government had determined to be of equal "value". So I've learned to be a stickler on this issue.

123 posted on 12/04/2004 1:46:17 PM PST by Still Thinking
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To: pbrown
OK. Then explain to me the class action law suit facing Wal Mart on their passing over women in higher paying positions in favor of men?

You said, as quoted above, that Wal Mart is facing a class action law suit.

You did not say that Wal Mart had lost a class action lawsuit.

The two claims are quite different.

124 posted on 12/04/2004 1:54:06 PM PST by marktwain
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To: marktwain
One question for you. Have you ever heard of the glass ceiling?

If her incompetence was showing, she would lose the business money. Businesses or in the business of making money, not losing it.

No woman should sleep her way to the top. It should be unnecessary. She should make it with her business skills and work ethic, period.

125 posted on 12/04/2004 1:54:42 PM PST by processing please hold (Islam and Christianity do not mix ----9-11 taught us that)
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To: ColdSteelTalon

Well there are "shotgun weddings", why not "shotgun divorces"?


126 posted on 12/04/2004 1:57:22 PM PST by reg45
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To: Still Thinking
I'm not offended by being called a feminist, I'm not a rabid feminist. There is a difference.

I don't believe in affirmative action. It should be struck down. Two applicants for same job, hire the best qualified regardless of gender.

127 posted on 12/04/2004 1:58:20 PM PST by processing please hold (Islam and Christianity do not mix ----9-11 taught us that)
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To: pbrown; marktwain

Bye all. Gotta go try to make some money.


128 posted on 12/04/2004 1:58:28 PM PST by Still Thinking
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To: pbrown
P S Women DO have the opportunity....does that mean they can...but don't?

In a word, yes. A great many women put family, convenience, and safety ahead of their career. This is not bad. It just is.

129 posted on 12/04/2004 2:00:14 PM PST by marktwain
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To: pbrown

That't the way I've always done it. At one point it led me to end up with a department composed solely of Filipinos. What can I say? They were the best people I could find for the job, and they did damn fine work.


130 posted on 12/04/2004 2:00:46 PM PST by Still Thinking
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To: marktwain

The Wal Mart claim has not come to trial yet. There are hundreds of thousands of employees in the suit. Where there is that much smoke, a fire can't be too far behind.


131 posted on 12/04/2004 2:03:42 PM PST by processing please hold (Islam and Christianity do not mix ----9-11 taught us that)
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To: pbrown

Sorry about the delay in responding. I lost my server and had to come back.


132 posted on 12/04/2004 2:04:27 PM PST by processing please hold (Islam and Christianity do not mix ----9-11 taught us that)
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To: Capriole
Get thee to the range, ma'am.

This may sound screwy, but have a friend shout at you loudly while you're shooting. This will add some 'stress'.

Shooting holes in paper is good, but it's better to know you can place your rounds accurately under stress.

Take care, and watch your back.

L

133 posted on 12/04/2004 2:05:50 PM PST by Lurker (As a matter of fact, I do serve Satan. Don't let that bother you. My duties are largely ceremonial.)
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To: marktwain

I'm a housewife of nearly 33 years. I chose home and children over outside work. That was my choice. A lot of women don't have that choice, they must work.


134 posted on 12/04/2004 2:06:22 PM PST by processing please hold (Islam and Christianity do not mix ----9-11 taught us that)
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To: Still Thinking

Only the best need apply. I agree.


135 posted on 12/04/2004 2:07:10 PM PST by processing please hold (Islam and Christianity do not mix ----9-11 taught us that)
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To: gortklattu

The only trouble with that (Barrett 82A1) is that it could take out the husband AND six neighbors with one shot!


136 posted on 12/04/2004 2:07:46 PM PST by reg45
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To: nuconvert
And I understand what you are saying but most didn't arm themselves either. It is sad but true that many women buy into "the law will protect me". It doesn't, it can't. And few are willing to accept that the person they loved is now the enemy.

A lot of them even initiate contact again thinking that "it will be different this time."

It depends on the woman's attitude. In this case she faced reality and dealt with it. Considering that he was willing to break the door down to get to her I doubt moving would have done the trick. So staying put and facing him on her ground where the police knew what was going on and the restraining order was in place was probably the wisest choice.

137 posted on 12/04/2004 2:08:50 PM PST by Harmless Teddy Bear (The future is all around us, waiting in moments of transition, to be born in moments of revelation.)
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To: pbrown
My assertion was that men are paid more for the same job subscription than women. I have yet to see anything to the contrary.

That is simply silly. Find one specific job description where men are paid more than women for the same job, and you have a thousand affirmative action lawyers willing to take the case.

You made the claim that this is so. No one can prove a negative. Show us just one specific job where an employer is willing to pay a man more than a woman for the same job. It should be easy with your claim.

But, you won't be able to do it, because it doesn't exist. All you will be able to come up with is some nebulous "study" that shows that women in a given profession are not earning as much as men, even though they haven't the same years of experience in the job. More likely, the "study" isn't even comparing apples to apples, even if they ignore experience. I've seen at least one of these where they compare completely different jobs, then claim that they are the same.

138 posted on 12/04/2004 2:10:55 PM PST by marktwain
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To: pbrown
Yeah, I hear them say "Women want... Women think...." and yell "Speak for yourself." I have toyed with suing them to force a name change to "National Organization of Some Women"

How dare they stand there and claim to speak for me.

139 posted on 12/04/2004 2:12:17 PM PST by Harmless Teddy Bear (The future is all around us, waiting in moments of transition, to be born in moments of revelation.)
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To: marktwain
In order to find you the information that you require I would have to google. I can FReepmail you if you like when I get the info. And when I give it to you will you be my cyber friend again?

Silly, hmph....I haven't had that thrown at me I was a little girl.

140 posted on 12/04/2004 2:17:07 PM PST by processing please hold (Islam and Christianity do not mix ----9-11 taught us that)
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