CALHOUN GIVEN LIFE, NO PAROLE FOR KILLINGS Saturday, February 11, 2006 By DAVID HOLDEN Times Staff Writer dholden@htimes.com
Jury convicts city man of murder in deaths of his ex-wife, her son
A circuit judge sentenced Roger Allen Calhoun to life in prison without parole Friday after he was convicted of capital murder in the deaths his ex-wife and her son.
Prosecutors told the jury that Calhoun, 42, of Huntsville, shot Sheri Lynn Shepard, 45, and her son, Robert Warren Baker, 29, without provocation. They said Calhoun was disgruntled and angry over his divorce from Shepard.
The shootings occurred at Shepard's home on Old Blue Spring Road on Aug. 18, 2003. Calhoun was charged with intentionally killing two people during a single act, one of the circumstances that can bring a capital murder charge.
Indignant at the verdict and without remorse, Calhoun maintained Friday that he was defending himself when he killed Shepard and Baker. He was shot in the back during the gunfight.
"I'm just sorry that the jury did not see it my way," he said.
Shepard was wounded by a shot through her forearm and a bullet that lodged in her heart, according to the testimony. She called 911 for help and told the operator, a police officer and an emergency-room doctor that Calhoun shot her.
Baker was shot seven times with .38-caliber and .25-caliber bullets. He was also shot once in the head with a .410-gauge shotgun.
Calhoun told friends he shot Shepard and Baker because they had tried to shoot him first, according to the testimony. But he told police Shepard was shot by accident while he and Baker scuffled over a pistol.
Circuit Judge Jim Smith told Calhoun that life in prison without parole was the only sentence he could impose. The victims' family and prosecutors said before the trial they would not seek the death penalty.
The jury deliberated a total of eight hours Thursday and Friday before reaching a verdict about 3 p.m.
The case was complex, and sifting through the evidence was not easy, said Jim Covington, the jury's foreman.
The jurors asked Smith Thursday if an accidental killing and an intentional killing during a single act add up to capital murder. Smith said no.
Covington said Friday that the evidence was overwhelming that Calhoun intended to kill Baker, but the question about Shepard's death required a lot of consideration.
Randy Gladden and Cecelia Pope, Calhoun's lawyers, told Smith they will appeal, and he said he will appoint new lawyers for Calhoun.
Gladden said the judge did not allow him to develop for the jury a key provision of self-defense. A person who has been invited to a location does not have to retreat if attacked, he said.
Assistant District Attorney Robert Becher said the direction of the shots and the field of fire indicates that Calhoun started shooting first. The aggressor does not have the right to claim self-defense, he said.
A witness testified that three days before the shooting she overheard a brooding Calhoun say he was deciding whether to kill his ex-wife.
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Closure...
Date: 2006-02-11 04:00 pm (UTC)CALHOUN GIVEN LIFE, NO PAROLE FOR KILLINGS
Saturday, February 11, 2006
By DAVID HOLDEN
Times Staff Writer dholden@htimes.com
Jury convicts city man of murder in deaths of his ex-wife, her son
A circuit judge sentenced Roger Allen Calhoun to life in prison without parole Friday after he was convicted of capital murder in the deaths his ex-wife and her son.
Prosecutors told the jury that Calhoun, 42, of Huntsville, shot Sheri Lynn Shepard, 45, and her son, Robert Warren Baker, 29, without provocation. They said Calhoun was disgruntled and angry over his divorce from Shepard.
The shootings occurred at Shepard's home on Old Blue Spring Road on Aug. 18, 2003. Calhoun was charged with intentionally killing two people during a single act, one of the circumstances that can bring a capital murder charge.
Indignant at the verdict and without remorse, Calhoun maintained Friday that he was defending himself when he killed Shepard and Baker. He was shot in the back during the gunfight.
"I'm just sorry that the jury did not see it my way," he said.
Shepard was wounded by a shot through her forearm and a bullet that lodged in her heart, according to the testimony. She called 911 for help and told the operator, a police officer and an emergency-room doctor that Calhoun shot her.
Baker was shot seven times with .38-caliber and .25-caliber bullets. He was also shot once in the head with a .410-gauge shotgun.
Calhoun told friends he shot Shepard and Baker because they had tried to shoot him first, according to the testimony. But he told police Shepard was shot by accident while he and Baker scuffled over a pistol.
Circuit Judge Jim Smith told Calhoun that life in prison without parole was the only sentence he could impose. The victims' family and prosecutors said before the trial they would not seek the death penalty.
The jury deliberated a total of eight hours Thursday and Friday before reaching a verdict about 3 p.m.
The case was complex, and sifting through the evidence was not easy, said Jim Covington, the jury's foreman.
The jurors asked Smith Thursday if an accidental killing and an intentional killing during a single act add up to capital murder. Smith said no.
Covington said Friday that the evidence was overwhelming that Calhoun intended to kill Baker, but the question about Shepard's death required a lot of consideration.
Randy Gladden and Cecelia Pope, Calhoun's lawyers, told Smith they will appeal, and he said he will appoint new lawyers for Calhoun.
Gladden said the judge did not allow him to develop for the jury a key provision of self-defense. A person who has been invited to a location does not have to retreat if attacked, he said.
Assistant District Attorney Robert Becher said the direction of the shots and the field of fire indicates that Calhoun started shooting first. The aggressor does not have the right to claim self-defense, he said.
A witness testified that three days before the shooting she overheard a brooding Calhoun say he was deciding whether to kill his ex-wife.
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