Nature of the Case
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Facts
D was 15 years old, she and her family moved next door to William. William was 40 years old, and he lived alone. D and William developed a sexual relationship. D married William when she was 19 years old. When D was 21 years old, she gave birth to a daughter. A few years later, she gave birth to a son. D claimed that William was often emotionally abusive during the marriage. D claimed that William had threatened to become violent on several occasions.
From late 2005 until early 2006. D claimed that William told her that he was going to kill her and the children. William kicked the couple's son in the stomach on January 18, 2006. Later that same day, D left the marital residence with her children. They went to a domestic violence shelter in Kentucky. D filed domestic violence charges against William. Law enforcement removed 63 guns from the home. D initiated divorce proceedings. D claimed that William attempted to track her and the children down after they left the residence. An employee of the shelter spotted a man resembling William near the shelter. This caused the shelter to go on lockdown. D and the children left the shelter. Eventually, they moved into an apartment in West Virginia. In March 2006, D recorded a phone conversation that she had with William. D informed William that she was recording the call. During the conversation, William admitted that he previously said he was going to kill D and the children. He claimed the statement was for 'shock value' based on statements D had made about suicide. D and William had at least one unrecorded phone conversation on March 17, 2006, where William again told her that he would kill her and the children. D became convinced that he was going to carry out his threat. D drove to William's house on Saturday, March 18, 2006. D intended to persuade William to kill her but not the children. D arrived at the house armed with two handguns. She knocked on the door, William answered and said, 'I didn't think you had the guts.' After she entered the house, she did not feel that she could get out of the house because William blocked the door. D testified that William told her that her mother 'was going to have a birthday present and it was going to be two dead grandkids and a dead daughter.' D shot William multiple times, and he died as a result of the gunshot wounds. D called 911 to report that she had shot William. The recording of the 911-call was played at trial. During the 911-call, the dispatcher struggled to convince D to calm down. D claimed she feared that William would still be able to harm her despite his multiple gunshot wounds. A grand jury indicted D on one count of aggravated murder. In late D was found guilty. The conviction was reversed and D was tried to a jury. D claimed that she shot William in self-defense and that she suffered from battered woman's syndrome. A psychiatrist testified that, in his opinion, D believed that she and her children were in imminent danger of death or serious bodily injury when she shot William. D was again found guilty of murder with a firearm specification. D appealed in part on grounds that she had no duty to retreat before she shot William and it was error to refuse to charge the jury on the doctrine of imperfect self-defense.
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