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 love a happy ending! ;)
I know this ladies family, her dad and uncles. My only surprise is that one of them had not killed this scumbag already. I suppose that age has mellowed them out somewhat, same as me.
Lets see her fire that Barrett in the standing position at the 50-yard line at the rifle range at Parris Island.
This is the "gun show loophole" that Senator McCain has vigorously worked to close.
You are precisely correct. We must work hard to educate the rest of the country on this. If it were understood, that legislation would never make it out of committee.
The "gun show loophole" is really "the gun confiscation firewall".
So I fall into that remaining 1% huh?
I have no idea.
I hope she called in to strike the hearing from the docket.
I'm a feminist and I have guns. According to you, I would deny her the right of gun ownership. Don't lump all women together on any matter. The folly of your statement will come back at you.
America needs strong women to battle the islamofacists. They won't take us down because we know what is at stake if we lose this war.
Yeah, notice I didn't say "all."
Please read carefully what I post before responding.
Thanks,
If you have a problem with strong women speaking their minds, then the middle east is a perfect place for that way of thinking. Women there are not allowed to think and question.
Thanks
If I have never heard of you, spoken to you, written to you, or have read any of your posts, how on earth am I supposed to know what your views are??
Am I supposed to be some kind of mind reader?
When did I say I had a problem with "strong women?" Are you insane?
Strong women are the majority of feminist. If you have a problem with feminist you have a problem with strong women.
As far as insane goes....only a certified doctor could answer that question for you. Seeings how I've never seen one or been hospitalized for insanity, it's a safe bet to say I am not. However, as I said, I am not a doctor.
GOOD FOR HER and thank God that she isn't going to be charged for killing him. She will NEVER have to worry about him hurting her again!
Yay for when the innocents win!!
Begone, newbie.
I challenge you and you scurry away. You begone.
I was trying to figure out which Brady this might be, then I remembered Jan...
Why yes, I can see how you could come to that conclusion. Or maybe he just had a unique way of knocking at the door.
Burgess shot Gathings once in the chest, killing him.
Very nice shooting.
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