October 06, 2007

No need for a divorce, the new 7 month plan



On March 22, 2006 Mary Winkler took a shotgun and shot and killed her unarmed husband in the back while he was laying in their bed. She then took their three young children and disappeared. Later, she was found in Alabama where she had rented a hotel room for her and her children before the shooting had even occurred. She was then returned to Tennessee to stand trial for murder.

She was convicted of voluntary manslaughter and sentenced to 210 days in jail. She was given credit for serving 5 months before the trial and was allowed to serve the remaining 60 days in a mental health facility. She is now free, yes free, and seeking visitation with her children.

There is no doubt of her guilt because she did confess to killing her husband, claiming he had abused her, although there is almost no evidence to support that claim. There is evidence however that she was writing bad checks and did not want her husband to find out. Kind of sounds like a motive to me.

Now I've never been the victim of abuse. I know that escaping abuse can be more complicated than picking up the phone and calling the police or packing a bag and leaving. I'm aware that in some cases your legs just don't have enough power to get you far enough away from a bad situation. Still, I have to think there shouldn't be such a straight line between abuse and death.

Isn't there a level of personal responsibility one must first exercise before murder becomes the only option? Can society really accept her actions as a reasonable response to her situation? With all the information that is available today it's hard for me to believe that most people can't reach out for some kind of help first.

It's a horrible precedent that has now been set. Not because Mary Winkler got away with murder like O.J. Simpson but because she did not. To be honest, had she been found innocent I could have accepted this situation a little easier. The fact that she was CONVICTED of voluntary manslaughter and only served seven months scares the hell out of me and pisses me off. What is happening to our legal system? What is happening to our society?

16 comments:

harbinger said...

It seems society is taking a downward spiral into a place where common sense and responsibility is not valued or even expected anymore.
Over and over I see cases where sentences are no where near as tough as they should be, and don't expect it to get better anytime soon, especially if The,"HILL" gets power.

Jen said...

I'm all twisty about this story too.
It's completely backwards.

In my town people get stiffer jail time for drug charges...

Speaking as someone who's been in an abusive relationship, it's true that it's hard to get away sometimes, but it's hard to fathom step 1 being murder.
No phone calls to local help organizations, no group meetings, no police involvement... just murder.

Had I known it was this easy to get away with, my first marriage would have went A LOT different.
*evil grin*

David said...

HB: Exactly, I can't get past shooting someone in the BACK and only spending 5 months in jail. Where is the outrage? This lady is either cold hearted or nuts. Either way she needs to be locked up somewhere.

Jen: lol, You make me laugh even when I'm mad but you make a good point. Actually, you make the exact point that scares me. Is there a new option on the table?

Daughter of Night said...

I've been mad enough to shoot my husband. Oh yes I have.

But never mad enough to write a bunch of bad checks (of course, i don't know the reason for this act... was she stocking up on supplies for her and her children? Was this part of her escape plan? No matter.), rent a hotel room in another state, drive back, open the gun locker, remove the gun lock, unlock the ammo can, load the shotgun, and shoot a sleeping man in the back.

I've been in an abusive relationship and I've NEVER been that mad. SPur of the moment is one thing... a PLAN is another.

The problem is with the CONVICTION, not with the custody time. SHe should have been convicted of first degree murder, not manslaughter. The DA must not have had much of a case, is all I can say.

David said...

I agree with your point about the conviction. Once again our jury system failed us. The prosecutor wanted first-degree murder but the jury would only go for voluntary manslaughter. I have to wonder if her being a preachers wife had anything to do with it?

The judge failed us too.

I think the Da had a good case.

a confession
an unarmed man shot in the back
no history of abuse, ever
evidence that it was planned
her wanting to hide financial problems

All the DA lacked was a video of the event. Sheesh!

I've been mad enough to shoot my husband. Oh yes I have.


Maybe if you make him aware of the new 7 MONTH PLAN he won't dare make you that mad again :)

Time Traveller said...

Why would she murder him if she wasn't scared of him? just to get away with a few bounced cheques?

has she got a moustache in that photo?

David said...

She claims that he was abusive to her and had threaten to shoot her in the past. The defense attorney spoke of an incident that happened with their younger daughter that morning but no details of the event were given at the trial.

Maybe he was the biggest bastard in the world but that doesn't give her the right to kill him. Not unless she had explored all other avenues first.

When she confessed, she told the police that her husband was a "mighty fine person". I think she's nuts and so is our legal system.

As far as the mustache, maybe that was here big get-away disguise? After everything else I'm surprised it didn't work.

Greeneyes said...

Great Post , love the blog !
At least you believe In Karma , she will get hers if due ,maybe not right now BUT someday !
:0)Doesn't help the Hubby but not alot can NOW.

Have a great day


Greeneyes

Freak said...

I think people do get stiffer time for drug issues it is non-sensical.

The police here need to be tougher on crimes but then I think the law has their priorities wrong.

Government plays a huge role though.

Will their ever be justice? Equality ? Fairness..... I don't think so.

Daughter of Night said...

Oh, make no mistake... if it were ME, I'd have gotten the first degree conviction and the death penalty to boot.

I have that "self-sufficient" look about me. Not to mention I'm firearms trained. In order to get away with murder, you can't just BE a victim... you have to look like one.

I disagree about the "stiffer penalties for drug charges," though in this case it might be apropos. In general, though, drug charges DON'T get the attention they deserve. At least here in California, they don't. People tend to think that drug use, sales, and manufacturing are "victimless" crimes. Not so, ya'll. We ALL pay the price for these crimes, and here in California drug abusers, manufacturers, "importers" and others ROUTINELY get away with MURDER. And a plethora of other crimes, too.

But, I digress...

Yes, if it had been ME, they'd have offed me already. And there wouldn't be anyone outside picketing about how unfair it all was, either.

So my husband has nothing to fear. :-)

Jen said...

"Maybe he was the biggest bastard in the world but that doesn't give her the right to kill him. Not unless she had explored all other avenues first." -RT

I agree completely!
And I know a man that could have given the preacher a run for his money as The Biggest Bastard In The World! There's always another way... Really.
Hit him in the head with a hot frying pan while he's sleeping on the couch, grab your kids, enough shit to keep you going to a month, and run the fuck away!
That's how you do it baby.
*grin*

David said...

Greeneyes: Thanks and welcome to my blog. Yes, none of this will help the husband. Funny how the charge of abuse was never mentioned until after the hubby could defend himself? I hope she gets what's coming but I'm more upset about the example it set.

Happy few days after Thanksgiving to you and HB as well :)

Lindsay: Will their ever be justice? Equality ? Fairness..... Me thinks the answer to that question is NO but that means we must all point out injustice when ever we see it.

Daughter: If it would have been you, you would have been smarter. No shooting in the back, no waiting until after to cry abuse and no finding you after the fact. In all seriousness, I can't imagine you letting yourself be in that position long enough for it to get that far.

Jen: The frying pan I could see but it has to be hot too? Brutal! You would think she would have tried that at least once before grabbing the old 12 gauge or at least the leaving part.

Daughter of Night said...

Jen cracks me up. :-)

But I totally agree with her... a sort of fly-by-night safety plan, but a safety plan nonetheless... and no one had to die to get to happily ever after!!

But speaking of justice, I have to say that our system is not hard enough on serial abusers, either.

Jen said...

RT, the pan has to be hot. It's the part a woman can savor when she reflects on the abuse, and humiliation that she's suffered at this "man's" hand.
In a situation where we get very little comfort, you gotta take it where you can get it. ;)

Daughter - I agree whole heartedly that our system isn't hard enough on repeat offenders.
I have to wonder why drunk drivers get a stiffer penalty that a man who shoves his wife's head through a window?!
Both are pretty damn dangerous, but then both should have ridiculously stiff punishments!

If I made the rules the abusers would lose their hands after strike two. Hitting once in anger deserves serious jail time, hitting twice in anger deserves serious jail time, and a pint of blood.
Bastards.
Good thing I don't rule the world...
:)

Andre said...

The justice system is a farce. No two ways about it.

David said...

I agree but how do we fix it? How do we make justice blind and even?