seattletimes.com
Local News
Posted at 03:32 a.m. PDT; , May 7, 1999
Court allows reduced sentence for shooting of abusive husband
by Bob Egelko
The Associated Press
SAN FRANCISCO - A federal appeals court has upheld a judge's decision to cut more than seven years off the prison sentence of a Washington state woman who shot and wounded her abusive husband.
The judge was entitled to conclude that Brenda Lee Working's action was "aberrant," in light of her husband's behavior, her mental condition and her lack of a previous criminal record, the 9th U.S. Circuit Court of Appeals said yesterday.
She is serving a five-year sentence, required by law, for using a gun in the crime. An additional sentence for assault with intent to commit murder, prescribed at seven years and three months to nine years under federal guidelines, was reduced by the judge to one day.
Working admitted she lured her husband Michael to a wooded area on the Fort Lewis Army base near Tacoma in August 1997 with a claim of car trouble and shot him when he arrived. He was wounded in the arm and shoulder before punching her and running away.
The couple had been married almost seven years and had two daughters, as well as two sons from Michael Working's previous marriage. The court said he was psychologically and verbally abusive toward his wife, and started accusing her in early 1997 of having an improper relationship with his older son.
Michael Working moved out of the house, but returned frequently, repeated his false accusations, shoved her and threatened to take away their daughters, the court said. He sued for divorce in July 1997, claiming sexual misconduct and seeking custody of the daughters.
She shot him after a judge denied her request for a restraining order against further contact, and a few days before a hearing on the divorce suit.
In sentencing Working, U.S. District Judge Jack Tanner of Tacoma said he would spare her from prison altogether if the law didn't require a five-year sentence for gun use. He said she acted solely to protect her family, was under extreme pressure and was suffering from depression.
Prosecutors argued that the shooting arose from a run-of-the-mill divorce, which typically involves tense custody disputes and animosity, and contended Working was after her husband's property. Tanner disagreed, citing letters from friends and Working's own sons supporting her.
The appeals court, in a 3-0 ruling by Judge Harry Pregerson, said Tanner's sentence reduction was substantial but "not unreasonable" in light of the evidence. The court rejected Working's claim that Tanner could have reduced her five-year sentence as well, saying such reductions are allowed only when a defendant provides substantial help to prosecutors.
You have reached the end of the file.
Arts & Entertainment
Business
Editorials & Opinion
Education
Health & Science
Lifestyles
Local News
Nation & World
Obituaries
Special Reports
Sports
Technology
Travel
Classified Ads