What? Man gets 4 months for killing wife, 15 years for wounding man.
Texas Case cannot be retried.
Due to double jeopardy, Jimmy Dean Watkins cannot be retried for his wife's murder. He was convicted of murder, however in the sentencing stage, the jury was asked to consider whether or not he killed in a fit of extreme passion.
Here is a transcript derived from the text posted on the web site of the Texas Court of Criminal Appeals,
"The evidence at the first trial showed that Nancy Watkins, appellant’s estranged wife, made her husband move out of their home on December 21, 1998. She remained in the house with their two children. Her lover, Keith Fontenot, moved in that same evening. Through various telephone calls, appellant discovered that Keith and Nancy had made love that night on the living room floor with the children upstairs.
The next afternoon, December 22nd, appellant called his wife on his cellular telephone, telling her that he would kill her, kill Fontenot, and then kill himself. A few minutes later, he stormed into the house, still holding his telephone to his ear and carrying a gun. He went past Fontenot, who was in the living room, and found Nancy in the kitchen. He shot her twice, but neither wound was fatal."
"When Fontenot ran into the kitchen and saw Nancy on the floor, appellant began shooting at him. Fontenot was hit in the back and leg, but not seriously injured. As appellant continued to shoot at him, Fontenot ran out the front door and around the side of the house; he leapt over a chain link fence, ran through the back-yard, jumped over another fence into a neighbor’s yard, where he collapsed and called for help. He then saw appellant come out of the house, get in his truck and drive off.
Appellant had stopped shooting because he thought the gun was out of bullets. Within five minutes, he returned, having discovered that the gun was not out of bullets. Appellant re-entered the house, shot Nancy several more times–this time fatally–and then he drove off again."
"At the guilt stage of appellant’s trial for his wife’s murder, defense counsel argued that appellant did not form any intent during this incident, arguing instead that appellant was temporarily insane and was mentally “gone.”1 The jury rejected this argument and convicted Jimmy Dean Watkins of murder. However, during the punishment phase, it was asked to decide whether appellant had murdered his wife “in sudden passion” under Tex. Penal Code § 19.02(d).2 After lengthy deliberation, the jury concluded that Jimmy Dean Watkins had acted under the immediate influence of sudden passion in causing his wife’s death and it sentenced him to ten years community supervision. The State then indicted appellant for the attempted capital murder3 and attempted murder of Keith Fontenot, as well as aggravated assault with a deadly weapon."
Due to double jeopardy, Jimmy Dean Watkins cannot be retried for his wife's murder. He was convicted of murder, however in the sentencing stage, the jury was asked to consider whether or not he killed in a fit of extreme passion.
Here is a transcript derived from the text posted on the web site of the Texas Court of Criminal Appeals,
"The evidence at the first trial showed that Nancy Watkins, appellant’s estranged wife, made her husband move out of their home on December 21, 1998. She remained in the house with their two children. Her lover, Keith Fontenot, moved in that same evening. Through various telephone calls, appellant discovered that Keith and Nancy had made love that night on the living room floor with the children upstairs.
The next afternoon, December 22nd, appellant called his wife on his cellular telephone, telling her that he would kill her, kill Fontenot, and then kill himself. A few minutes later, he stormed into the house, still holding his telephone to his ear and carrying a gun. He went past Fontenot, who was in the living room, and found Nancy in the kitchen. He shot her twice, but neither wound was fatal."
"When Fontenot ran into the kitchen and saw Nancy on the floor, appellant began shooting at him. Fontenot was hit in the back and leg, but not seriously injured. As appellant continued to shoot at him, Fontenot ran out the front door and around the side of the house; he leapt over a chain link fence, ran through the back-yard, jumped over another fence into a neighbor’s yard, where he collapsed and called for help. He then saw appellant come out of the house, get in his truck and drive off.
Appellant had stopped shooting because he thought the gun was out of bullets. Within five minutes, he returned, having discovered that the gun was not out of bullets. Appellant re-entered the house, shot Nancy several more times–this time fatally–and then he drove off again."
"At the guilt stage of appellant’s trial for his wife’s murder, defense counsel argued that appellant did not form any intent during this incident, arguing instead that appellant was temporarily insane and was mentally “gone.”1 The jury rejected this argument and convicted Jimmy Dean Watkins of murder. However, during the punishment phase, it was asked to decide whether appellant had murdered his wife “in sudden passion” under Tex. Penal Code § 19.02(d).2 After lengthy deliberation, the jury concluded that Jimmy Dean Watkins had acted under the immediate influence of sudden passion in causing his wife’s death and it sentenced him to ten years community supervision. The State then indicted appellant for the attempted capital murder3 and attempted murder of Keith Fontenot, as well as aggravated assault with a deadly weapon."
posted by Ellie at 7:07 PM
<< Home