Mere words or insults do not suffice for the act of murdering someone as self defense. The defendant must utilize a reasonable use of force to resist a reasonable fear of bodily harm, and the degree of force must be proportional to the threat perceived. If someone threatened to bash your head in with a bat, wouldn't you want to defend yourself and keep that from happening? My defendant, Donna Osborn, is innocent of first degree murder.
Mr. Powell, you claim that you have witnessed Mr. Osborn looking flustered, upset even, when you showed up at their house. You received a call about a "family squabble", correct? When sheriff Powell arrived on scene, it was a mess, and Donna Osborn had blood all over her. There were shards of glass all over the floor from a lamp that was broken. Mrs. Osborn was trembling and you noticed that, that is why you offered her a ride, correct? If you used common sense, you would have known that she declined your offer due to the fact that her abuser was standing right next to her. What made you think it was a good idea to leave without following up? You should have seen the crystal clear clues of domestic violence. Eight days after the reported "squabble", Mr. Powell received a call about a shooting at the Osborn residence. He entered my defendants house and found her sitting on her son chip's bed with a pistol next to her. Mrs. Osborn handed him the gun and told him that her husband was dead in the garage. It could have been prevented if sheriff Powell handled the situation differently. Mrs. Osborn's claim is liable due to the clear evidence seen only a week before the incident by Mr. Powell.
A credible witness, Lee Harris, who is the director for Options For Battered Women, confirmed receiving numerous phone calls from Mrs. Osborn. She verified that "she had been pushed down a flight of stairs by her husband Clinton Osborn" . Harris also validated several other cases of physical and verbal abuse. On another instance when Donna called "she stated that she was in fear for her life because of the increase in verbal and physical abuse". Each and every phone call the OBW offered shelter and Donna declines, but the final phone call Mrs. Osborn reached out for help and unfortunately the woman told Mrs. Osborn that all units were filled at the moment. Repeating phone calls crying out for help to the OBW validate her plea of innocence.
Clint and Donna Osborn did not always have an abusive relationship, but weeks before the death of Clint Osborn, the threats got worse. On the night of February 7th, Donna received her first death threat from Clint which left Donna inconstant fear for her life. She had no one to talk to considering the fact that both of her parents have passed away and her child was only two years old. My defendant was terrified for her life and had no one to help her through her abusive relationship. The only way she knew how to bring herself to safety was to remove the problem from her life leading her to use self defense and shoot her husband. All the fear and hardships my defendant had to go through during the weeks before her husbands death supports my claim that Donna Osborn is innocent of first degree murder.