Continuing with an appeal in the court system is a little like rolling the dice — and Tamara Elaine Wilson had already lost 18 months of freedom in the midst of a 10-year sentence on manslaughter charges connected with the shooting death of her husband.
She was ready to stop gambling.
Armed with new evidence, ( MUCH SUPPLIED BY INVESTIGATOR STEVE SPURLOCK ) but looking at an unsure outcome on an appeal, Wilson and her attorney, Robert Norfleet offered to drop the appeal in exchange for immediate supervised probation.
http://liarcatchers.com/wrongful_death.html
Commonwealth’s Attorney Eddy F. Montgomery agreed with the proposal and Wilson was slated to be released by the Kentucky Department of Corrections last night after receiving a court order by Pulaski Circuit Judge Jeffrey T. Burdette.
“I am thrilled that Tammy gets her freedom back,” Norfleet said. “While I liked our chances on appeal, the reality is that very few cases are won on appeal.”
For Montgomery, he was pleased that Tamara Wilson finally “accepted responsibility” for the shooting death of her spouse, William Frankie Wilson, on the night of Aug. 13, 2008.
Wilson’s adult children, Garnett and Jessica, had been steadfast that their mother was acting in self-defense and that their parents had a rocky and sometimes violent 30-year relationship.
“We offered Ms. Wilson probation from the beginning …. I know there was an abusive relationship, but we felt she did the wrong thing that night,” Montgomery said. “We wanted her to accept responsibility for her actions.”
With this deal, Wilson regains her freedom, but also remains a convicted felon as the second-degree manslaughter conviction sticks. She will remain on supervised probation for a five-year period.
“All I can say is that I would have liked to have had the privilege of representing Ms. Wilson from start to finish,” Norfleet said. “However the outcome is what it is. The case is now over for Tammy, she is out of jail and she only served 18 months of her 10 years. She can now move forward with her life.”
At the center of Norfleet’s appeal was the controversial “duty to retreat” aspect of these cases that deal with self-defense. Montgomery contended that Wilson should have retreated rather than defended herself with a .22 caliber rifle that night.
Norfleet asserted the trial court erred in allowing Montgomery’s argument.
The Kentucky Supreme Court has a case pending which is very similar to the Wilson case in that the argument was made that there is a duty to retreat in self-defense cases.
Also, Norfleet contends a retired Kentucky State Police investigator found new blood splatter evidence that indicated Frankie Wilson was not sitting down at the time of the shooting, but was standing in front of Tamara Wilson, as she claimed.
The Commonwealth contended that Frankie Wilson was seated at a kitchen table when he was shot.
“There is an issue with the duty to retreat aspect of the case that the Kentucky Supreme Court is looking at,” Montgomery said. “I wasn’t too concerned with the blood splatter evidence.
“The case is unique, but this outcome is good … she served 18 months, she is on probation and the conviction stands,” Montgomery added. “There is no chance of having to re-try the case.”
And Wilson is no longer rolling the dice with her freedom.
“Given the uncertainty of the appeal, the law and given the fact that I didn’t like Tammy’s chances with a parole board because a death and a firearm were involved, I would definitely classify this result as an outstanding victory and an excellent outcome for Tammy,” Norfleet said.
“Tammy will not have any problem with probation. She has lived a drug-free and alcohol-free life,” Norfleet added. “She didn’t have any type of criminal history before all of this.
“Tammy has a lot of support from her family and her children,” Norfleet continued. “I look for her to be able to move on with her life, continue her farming operation and be just fine.”
