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
I'm sorry to be the same sex as them, they do us no honor.
I only need to find one example and my point is proven.
Yes, frankly. Now before you jump I am in the business world and the office is about a 60/40 mix. As a general rule (not to be interpreted as in every case) the guys work more hours then the gals and they have a lower over all absenteeism rate. Now most of the ladies are mothers and so are calling in because of sick children or baby-sitting problems however that is not the companies problem. So when the time for the promotions and raises arrives the guys as a general rule are going to get that promotion or a higher raise.
Now on the other hand, the guys and the single childless women in the office get far less consideration when it comes time for vacations or overtime. Also unpaid days off are strictly forbidden except for females with children. Usually the higher the pay the job has less flexibility and more unpleasant aspects.
The majority of the women in my office want 8/5 jobs. This will not push you up the ladder. The joke about how, if you are a good employee and work ten hour days you will become a supervisor and work twelve hour days is true.
We agree.
What a crybaby. Check out my tagline. Describes you to a tee.
Do you have any men with those problems? Sick kids and no babysitters, I mean?
Victims roll over...I fight.
LOL! Large caliber doesn't need much control,almost any where on the tarket can be lethal.
You sound like something I said hit close to home.
tarket = target.
Hysterical...please. You haven't seen me hysterical. You've seen me standing up to 'SOME' chauvinist men. Which I will continue to do till they throw dirt in my face. So get over yourself.
Keep it up and you might get an abuse report, newbie.
Most are good employees when they are there but because they can not be depended on to be there and their not being there puts an additional strain on the rest of the office they will likely never be promoted into the more lucrative but longer hours job.
It really has nothing to do with male or female. The issue is job performance.
And while I understand their situation and try to sympathize it becomes more difficult when I am the schmoe working 14 hour days and giving up weekends to cover for them. The work remains no matter what your personal life.
Has the business ever thought about on premises child care?
Has the business ever thought about on premises child care?
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.