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 am happy that this turned out OK for her. I have yet to understand why someone continues to behave like her husband. Truly insane and evil.
Martina McBride does the song. It's a great song & due to Hannity, I always mentally associate the chorus with 9/11, although the story told in the song has nothing to do with 9/11.
I personally know of another case (a friend) who has a violent ex. His parents keep bailing him out, too, because "he is our son." Even when he beat his own father up.
All this does is perpetuate and validate the scum's brutal behavior.
Ms. Burgess did the right thing and should be applauded. The scum's parents are every bit as culpable as their son for his violent and criminal behavior.
Fotunately for her she had 4 brothers who made a believer out of her ex husband.
What a way to get a divorce!!!
"Fotunately for her she had 4 brothers who made a believer out of her ex husband."
Good for You!
She has a job at the Anson Correctional Center (or Brown Creek C.C. or that new 1,000 cell monster next door). She did right to stay with her established life.
It is a very sad situation. It was the least evil path, but still a very difficult road. Adjusting to the fact that she had to kill the father of her son in order to save his and her life will be difficult. It will help considerably if she receives a lot of support from her family and friends. I am considering a letter to the editor to let her know that she did the right thing, even if it was a very wrenching action that was forced upon her.
"His parents signed a $15,000 bond."
His parents should have left him in jail. You didn't need a crystal ball to see how this would end.
"She did right to stay with her established life."
Knowing the outcome, now, yes.
bump
Was the gun registered?
Was the gun in a safe?
Did the gun have a trigger lock?
Did she take the required government safety skills test to posess a gun?
Was the gun within reach of children?
It's just a good thing she didn't follow the "Rules" or she would be dead right now.
Are you familiar with these "shelters?" They are awful. She would have had to have her child with her.
Good for her. I hope she kicked him before the cops arrived. Seriously, she must have been scared out of her wits when he was beating the door down with a shovel. Imagine the noise and not being able to get away. I'm sure he would have killed her.
Article said "large caliber" so we can assume it started with a .4 or .5
Just dial 1911!
Will the parents now forfeit the bond money since their darling won't show up in court?
Or is being dead an acceptable excuse?
You can get a lot more protection with a protective order and a 0.45 than with just a protective order. The protective order worked. It protected her from the sheriff.
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