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."Here's Johnny!"
BANG!!!
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
If anyone can put up a better link, I would appreciate it. I was able to link to the article, but later I could only get the registration page.
ONE shot to the chest?!
THAT'S gun control!
That one shot probably saved her life as well as her son's. Glad to hear there'll be no charges.
Would be interesting to know the weapon, make and caliber.
Now see isn't 357 better than 911!!!!!
And to think that 99%+ of the "feminists" out there would have denied her the right to keep and bear arms.
The courts should have issued a gun and provide firearm defensive training to the lady along with the apparently useless protective order.
People who become obsessed with abusive dominating of others are usually brutal criminals - terrorists!
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."Here's Johnny!"
BANG!!!
She was fortunate her relatives gave her a gun, but why she stayed in a place where a "relative drove screws into her windows for reinforcement", is beyond me.
Probably financial reasons. not everybody can afford to pack up and move. He would have found her again anyway even if she had moved. Nor should she have had to move to hide from him.
Here's a case that turned out the right way and I hope it sends a clear message to abusers everywhere.
If you actually WERE to hear about this nationally, it would likely be spun as follows....."more evidence that a gun in the home is more likely to be used against family members" etc, etc, etc.
.25 caliber or cannon. Same result in this case.
It is up to us to get the word out. The old media will not publicize this.
Remember, In the "Brady" world view, this counts a killing a member of the family, not as self-defense.
"She was fortunate her relatives gave her a gun, but why she stayed in a place where a "relative drove screws into her windows for reinforcement", is beyond me."
People in the right do not run.
Remember, in the anti-freedom, anti-gun "Brady" world view, that would be "using the relative's gun loophole" and should be illegal.
In a situation like this the .357 cure is really the only treatment that works.
Only need 2 numbers...4 & 5 or 45.... The third number is just a waste of time.
I understand financial reasons, but it seems her relatives could have bought her a bus ticket for out west and she could have stayed at a woman's shelter for a while.
"People in the right do not run."
Normally I'd agree. "Right" doesn't matter in this kind of a case. She had a child to protect.
Well, thankfully, she solved the problem.
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