Austin, TX (Law Firm Newswire) May 27, 2013 – Wife may have shot her husband to death for being infected with HIV and Hepatitis.
“The woman in this murder case shot her husband while he slept, and while the motive seemingly remains unclear, there is strong speculation she took his life for cheating on her. Currently, the woman in question is serving a jail sentence, with a release date of August 2027,” outlined Brooks Schuelke, an Austin personal injury lawyer with Perlmutter & Schuelke, L.L.P.
The woman made no bones about the fact she shot her husband when she was arrested in September 2010, although it took some time for her to confess. She was indicted for first-degree murder in March 2011 and subsequently pled guilty to second-degree murder in July 2011. It was a dramatic event for the city of Mankato, and one that had all the elements of a good book, movie or reality show interview. Given the supposition that the wife would try to sell her story, the dead man’s family filed a wrongful death lawsuit against her, as they were disappointed in the sentence she received, and the thought she may profit from his death was an affront to their sensibilities.
“The wrongful death lawsuit won’t likely award the family much money, but they have already stated that they are not interested in an award so much as they want to ensure she never sells her story and profit from killing their son,” said Schuelke. At best, the family hopes to recover medical expenses, funeral and burial expenses and compensation for the loss of society, companionship, comfort and aid.
The family may also seek punitive damages, given the fact that the man was shot to death while he slept and suffered enormously prior to his death. Even though part of the woman’s sentence included a court order for restitution of funeral expenses to be recovered from her prison pay, assessing damages in this case will be difficult.
Concurrently, the family sued the woman’s father for clearing out the death house the day after the murder. He took property which belonged to the murder victim. The family needed a court order to retrieve various items. “It was an acrimonious situation, and it is difficult to predict the outcome of the wrongful death lawsuit. Although the police do have a taped confession and evidence the wife took out a life insurance policy on her husband two months before his murder which is strong evidence of premeditation,” added Schuelke.
Wrongful death lawsuits can be complex cases and it is best for a plaintiff to know what they may face in the event they go to court. For this reason, choosing an experienced attorney makes the most sense to ensure the process goes smoothly and the family receives some form of compensation for the negligent death of a loved one.
Perlmutter & Schuelke, LLP
206 East 9th Street, Ste. 1511
Austin, TX 78701
Call (512) 476-4944