1993-08-16

revolver with her. Upon her arrival, she entered the abode and began conversing with Jim. The two began discussing the possibility of reconciliation. When Appellant informed him that it was not feasible, an argument ensued during which allusion was made to his "affair" with Appellant's sister. Jim expressed his desire that she forget about the incident. Next, he left the room only to return with a shotgun.

Jim pointed the firearm at his wife's head and allegedly uttered that "if he couldn't have . . . [Appellant] nobody else would." He eventually lowered it and ultimately laid it against the sofa. Discussion about reconciliation having resurrected, verbal hostilities continued. Soon, Jim again left the room. Appellant took advantage of his second absence to move the shotgun away from the sofa and next to the door. Rather than exit the dwelling through that very same door, however, she "ran" back to her seat. Why she did not leave she did not know, though she admitted her escape was quite feasible.

Incidentally, the shotgun by the door and the .357 revolver on her person were not the only weapons located within the room. A 9mm pistol laid atop a nearby coffee table. Unlike the shotgun, however, Appellant made no effort to move it.

Jim re-entered and the two resumed their argument. Next, he began walking towards the new location of the shotgun. At this time, Appellant purportedly noticed that the 9mm was gone. Though she did not see it on him, she was unaware of whether Jim had it. "Mad," "angry," and "scared," she pulled the .357 from her purse and "started shooting at the wall" to "scare him." Jim stopped then renewed his journey towards the shotgun and door. Another shot rang out as Appellant aimed for the "door facing." Had she wanted to hit him, she commented, she could have easily done so; yet, her avowed intent was to scare, not kill.

Though Jim approached the awaiting gun, he did not pick it up. Instead, he attempted to exit through the door. By that time, policemen had been dispatched to the scene. Several heard a shot and saw debris fly from the apartment door immediately before Jim appeared. They also heard him exclaim "I'm getting out of here." One officer yelled, "Get down." As Jim turned towards that officer, Appellant approached and fired again. Her bullet entered above Jim's left shoulder blade and exited near his left collar bone, leaving extensive damage. Upon hearing this shot, another police officer on the scene thought that his colleague was under attack. He thus responded by discharging his weapon once in the direction of Jim. That bullet entered below Jim's rib cage, lodged near his spine, and also inflicted extensive damage. According to the testifying pathologist, either wound sufficed to cause death.