People v. Laugharn
State: Illinois
Court: 4th District Appellate
Docket No: 4-97-0031
Case Date: 07/22/1998
NO. 4-97-0031
IN THE APPELLATE COURT
OF ILLINOIS
FOURTH DISTRICT
THE PEOPLE OF THE STATE OF ILLINOIS, ) Appeal from
Plaintiff-Appellee, ) Circuit Court of
v. ) Morgan County
MILDRED L. LAUGHARN, ) No. 95CF75
Defendant-Appellant. )
) Honorable
) Tim P. Olson,
) Judge Presiding.
_________________________________________________________________
JUSTICE COOK delivered the opinion of the court:
In April 1995, defendant Mildred Laugharn shot and
killed her husband, Robert Laugharn, in their home. She was
indicted by a grand jury for the offenses of first degree murder
and involuntary manslaughter. 720 ILCS 5/9-1, 9-3 (West 1994).
A jury trial was held in November 1996.
Mildred testified she shot her husband in self-defense.
She claimed he had a drinking problem and had been drinking beer
the night of the shooting. Mildred also had a couple of mixed
alcohol drinks that night. They were watching television and had
a dispute over the thermostat. Robert became upset when Mildred
tried to turn the thermostat down. He slapped her in the face
and told her to "get out." Mildred went into the kitchen. On
her way to the kitchen, she saw Robert sitting in his reclining
chair with a gun. She was terrified and felt there was no place
she could go. She believed she could "talk Bob out of this," so
she approached him and carefully tried to take his gun. Mildred testified they struggled for the gun before she
finally got hold of it. Robert was angry and got out of the
chair. She thought he would take the gun and shoot her, so she
fired the gun. After firing three times, she threw the gun down
and walked out of the room, not knowing if Robert was injured.
She came back and realized Robert was hurt. She called her
neighbors, placed the gun on the coffee table, and went outside
to wait for the neighbors.
Mildred's neighbors, Frank and Helen Burnett, both
testified that Mildred called that night and said "she thought
she'd shot Bob." They went to Mildred's house and she explained
what happened. She told them essentially the same story she told
at trial, except she told Helen that Robert had fired two shots
at her first. The Burnetts testified Mildred's hair and clothing
were not disturbed and the living room showed no signs of strug-
gle. While on the stand, Frank was presented a photograph of the
crime scene that indicated the recliner Robert was sitting in had
been moved slightly. Frank did not notice the chair had been
moved before.
Officer Randy Duvendack spoke with Mildred the night of
the shooting. He noticed nothing unusual about her appearance.
Mildred told Officer Duvendack that her husband slapped her after
a fight over the thermostat. She left the room, then returned,
and he had a gun and threatened to kill her. She ran toward the
door and he fired two shots at her. She then charged him,
knocked him over after a brief struggle, and got the gun. He
walked back toward the recliner, she shot him once, and he fell
into the chair.
At trial, Mildred explained that she lied at first
because she panicked. She was afraid no one would believe the
truth. She testified she was now telling the truth.
Several officers investigated the shooting. Robert was
found sitting in the recliner with a gun wound to the abdomen. A
cigarette lay at his feet and an undisturbed cigarette ash was
located below Robert's hand beside the chair. Woodchips from the
ceiling were found on his shoulder and the floor around him, but
none were found underneath his body. A bullet hole was found in
a ceiling beam above and slightly forward of where Robert was
sitting, and another hole was found in a humidifier behind
Robert. The bullet hole on the beam had an entry defect on the
north side and an exit defect on the bottom.
A firearm examination expert testified the path of the
bullet through Robert's body was consistent with him being shot
from at least a few feet away while in a reclining position,
although it was also consistent with a person firing a gun from
an area lower than Robert's abdomen. Robert's blood-alcohol
level was .247, 2
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