27.10.09

Just Another DOMESTIC VIOLENCE Fatality: Manchester police are reviewing their agencies' responses to Thursday's shooting death of a mother by her estranged husband

Note: Cross posted from [wp angelfury] Whos Killing Families?.

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Murder-suicide response under review

http://www.unionleader.com/article.aspx?headline=Murder-suicide+response+under+review&articleId=49864c2b-9e86-4f0f-bfe5-fa041527d407

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By KATHRYN MARCHOCKI
New Hampshire Union Leader
8 hours, 11 minutes ago

 

MANCHESTER – The Hillsborough County Sheriff's Department and Manchester police are reviewing their agencies' responses to Thursday's shooting death of a Manchester mother by her estranged husband, who then killed himself during a six-hour stand-off with police SWAT teams.

Jonathan Charbonneau Sr., 32, fatally shot his wife, Melissa, 29, with a rifle when she returned to the couple's 223 Jewett St. home about 2 p.m. to collect some belongings.

Charbonneau also shot and wounded his father-in-law, John Cantin, 57, who had accompanied his daughter and tried to wrestle the gun from Charbonneau.

Oct. 27, 2009 charbonneau 60px

Missy Charbonneau

09O24JONCHARBONNEAU_70pxand Jon

"I am actively reviewing this agency's involvement, actions and the circumstances related to the matter involving Jonathan Charbonneau," Hillsborough County Sheriff James A. Hardy said in a statement yesterday.

Hardy would not say when he expected the review to be completed and had no further comment.

Manchester Police Chief David J. Mara also said he is reviewing his agency's response, which he said is standard procedure for any major event.

►Husband killed wife, himself with same gun (5)

"We review all aspects of the incident. We review how the SWAT team performed, how patrol performed and how detectives performed so we can learn from it," Mara said.

"We debrief and we always look to see what we could do better," he added.

The review will encompass how police handled events preceding, during and after the murder, Mara said.

At the time of the shooting, Charbonneau was out on bail following his Oct. 20 arrest for allegedly assaulting his wife.

Bail conditions included in his domestic violence protective order said Charbonneau "shall refrain from possessing a firearm."

The bail conditions were continued when Charbonneau was arraigned in Manchester District Court on simple domestic assault charges the next morning.

According to the protective order and bail conditions, no weapon was involved in the underlying domestic assault and no weapon was ordered to be relinquished.

"Strictly based on that document, we have no authority to go to somebody's home and take away their weapons," Mara said.

"That is an order for the defendant not to possess any firearms," he said.

Melissa Charbonneau also obtained a temporary restraining order against her husband in Hillsborough County Superior Court on Oct. 21, the same day she petitioned for a divorce.

The order directed Charbonneau to "temporarily relinquish to a peace officer" any firearms or deadly weapons, including the hunting gun she said her husband kept in his closet, court documents show.

A Hillsborough County deputy sheriff wrote on Oct. 21 that he went to Charbonneau's 223 Jewett St. home and personally served him with the temporary restraining order.

Why Charbonneau still had a rifle in the house when his wife returned to the home on Oct. 22 is not known.

Charbonneau killed his wife with two gunshot wounds: one to the chest and another to the head, the autopsy found.

Charbonneau then killed himself with a single gunshot wound to the head from a rifle. His body was found in the upstairs bedroom, Senior Assistant Attorney General Jeffery A. Strelzin said.

Strelzin said the case will be investigated even though no one will be prosecuted.

"We still investigate these cases thoroughly just to know everything that occurred," he said.

Domestic violence cases are reviewed "to see if anything can be learned from them," he added.

YOUR COMMENTS

When a domestic violence petition is delivered by the deputy sheriff, the Manchester police department needs to be given a search warrant to look for guns by a judge.
The Sheriff department needs to let the Manchester Police Department know that it has delivered a domestic violence petition that mentions guns.
- Ken Stremsky, Manchester, NH

Yeah Joe... the UL is involved in a conspiracy with the authorities in order to spark a controversy. Can't you find anything better to do with your time than to come up with such ridiculous theories?
- Brian, Concord

Hey Mike from Bedford....he is referring to the actual criminal act committed by Jonathan Charbonneau. He's deceases, so no charges will be filed. He is not referring to the police investigation.
- Jon, Manchester

Police have no legal duty to respond and prevent crime or protect the victim. There have been more than 10 various supreme and state court cases the individual has never won. Notably, the Supreme Court stated about the responsibility of police for the security of your family and loved ones is You, and only you, are responsible for your security and the security of your family and loved ones. That was the essence of a U.S. Supreme Court decision in the early 1980's when they ruled that the police do not have a duty to protect you as an individual, but to protect society as a whole.
- Lazarus, Manchester

so basically the law enforcement not doing there job as usual.we pay them to protect us but there to busy tring to catch the petty drug dealers out there.its time to pay attention to the real problem out there
- jake, manchester

This is such a tragic event. Do we really need to keep hearing about it?
- Stan, Merrimack

AG Strelzin is quoted,"no one will be prosecuted". Maybe so, but you can bet lawyers for the family will be slapping the city and the county with a multi fiqure civil lawsuit as soon as the law enforcement agencies conclude their "internal investigations"
- Mike, Bedford

Looks like it doesnt it Joe. They need to let the family just get over their losses instead of dragging everything through the mud..
- Melissa, Manchester

So basically there is nothing new to add in this story. The Union Leader is trying to create a controversy.
- Joe, Manchester

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Intimate and Domestic Violence Homicides in the News

Note: Cross posted from [wp angelfury] A Human Rights Issue-Custodial Justice.

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A compilation of daily news articles about intimate violence homicides and suicides from around the United States. I wonder when society is going to realize intimate violence makes victims of us all.

http://domesticviolencenews.blogspot.com/

Tuesday, October 27, 2009

Pulaski, TN: Fatal Fire Involved Dispute Over Girl, Says Teen

Teen Says Two Other Victims Simply In Wrong Place At Wrong Time

Reported by Sara Dorsey

POSTED: 3:58 pm CDT October 26, 2009

UPDATED: 9:44 pm CDT October 26, 2009

PULASKI, Tenn. -- A teen said on Monday that a male suspect injured committing a fatal fire in Giles County on Friday was jealous because his ex-girlfriend might have been dating one of the victims.

Watch This Story

Tessia Tibbs said she dated one of the victim's, Jerrod Thornton, 16, on-and-off for two years.

"The last text message I got from Jerrod said, 'I love you,'" said Tibbs.

Tibbs said on Monday that a boy currently in Vanderbilt's Burn Center was jealous because he thought his ex-girlfriend was dating Thornton. Tibbs said the boy even asked her about the situation at school on Thursday.

"He just asked if they were fooling around, if they had anything, if I thought they would ever. I told him, 'No,' because me and Jarrod were dating, but I guess he didn't believe me," said Tibbs.

Tibbs said she thinks that Thornton's mother, Desere, and 9-year-old brother, Anthony, were just in the wrong place at the wrong time.

The arrest warrant for William Charles Angel Jr., 18, seems to confirm that notion, saying that Desere and Anthony Thornton were killed as an act committed in the killing of Jerrod Thornton.

Authorities arrested Angel on Friday and charged him with three counts of murder in connection with the fatal fire. A hearing for Angel is scheduled for Nov. 2 at 1 p.m. at the Giles County Courthouse.

The name of the boy currently at Vanderbilt Medical Center has not been released because he has not been formally charged. Police in Giles County have said they expect a second arrest to be made in the case.

Posted by Cathy Church at 7:35 AM 0 comments

Monday, October 26, 2009

Shawano, WI: Police investigate Shawano murder-suicide

SHAWANO (WKOW) -- The deaths of a man and woman in their eighties is being investigated as a murder-suicide by Shawano Police.

Investigators say they received a call around 4 P.M. Monday that lead to the discovery of the 87-year-old man and 82-year-old woman's bodies.

Chief of Police Ed Whealon says a relative discovered their bodies after being unable to reach them for days.

Police are in the process of notifying the family.

An autopsy is planned for Tuesday.

Posted by Cathy Church at 9:54 PM 0 comments

Tecumseh, KS: Domestic violence preceded shooting

ANTHONY S. BUSH/THE CAPITAL-JOURNAL

The Shawnee County Sheriff’s Department was still on the scene at 2835 S.E. Shawnee Heights Rd. as of 2 p.m. Monday where Gerald S. Eberhardt, 51, was killed on Sunday.

Four charged in slaying

Suspect, victim had violent past

Deputies dispatched 14 times this year to home where man was shot

BY ANN MARIE BUSH

October 26, 2009 - 3:57pm

TECUMSEH -- Shawnee County Sheriff's deputies were searching Monday at an undisclosed location for the weapon used in the shooting death of a 51-year-old Topeka business owner.

Gerald S. Eberhardt, who owns Wizz By Auto Sales in North Topeka, was pronounced dead at his home, 2538 S.E. Shawnee Heights Road, in southeast Topeka on Sunday morning, said Sheriff Richard Barta. Two of his family members -- his wife, Michelle L. Eberhardt, 43, and her son Scott M. Mosher, 19, who lived with Gerald Eberhardt -- and Stephanie A. Menard, 21, of Topeka, were arrested Sunday evening.

On Monday, a fourth person, 20-year-old Derrick Dewayne Haase, of Topeka, was arrested. All four on Monday were charged with premeditated murder in the first degree, an off-grid person felony, and conspiracy to commit premeditated murder in the first degree, a severity-level 2 person felony.

"On the surface, it appears to be a domestic problem," Barta said Monday afternoon at a news conference.

Since January 2009, deputies have responded to the Eberhardt's house 14 times, Barta said, including five times for domestic reasons.

"We have responded to that residence numerous times," he said.

A neighbor said she has noticed several sheriff's vehicles at the residence in the past month, but she also said the area is usually fairly quiet.

The house remained a crime scene Monday and wasn't scheduled to be released until Monday night, Barta said.

On Monday afternoon, a deputy patrolled the perimeter of the home on foot and a crime scene investigation van was sitting in front. Yellow crime scene tape was stretched around the residence.

"Our investigation from top to bottom is very thorough," Barta said.

Michelle Eberhardt made a 911 call Sunday shortly before 3 a.m., the sheriff said, but he wouldn't elaborate. He did say deputies knew something was wrong at the scene when they discovered "it was not a suicide."

Gerald Eberhardt was pronounced dead at the scene.

A search warrant was obtained for the house, which sits north of a Shawnee Heights Fire District station, and an investigation began.

"Numerous interviews have been conducted," Barta said. "These people have been interviewed extensively. The individuals, at this time, have been cooperative."

Dakota Loomis, a spokesman for the Shawnee County District Attorney's office, told a judge Monday that Mosher confessed to shooting Eberhardt. Mosher was being held on $750,000 bond.

Michelle Eberhardt and Haase were being held on $300,000 bond, while Menard was held on $200,000 bond.

Barta said Haase and Mosher were acquaintances and were known gang members. The defendants did not have legal representation when they appeared before a judge via a live secure video feed from the jail.

Loomis said Mosher and Haase were members of a Topeka gang affiliated with the Folks Nation, a larger collection of gangs that operate throughout the Midwest. However, Barta said investigators see no reason that the shooting was "gang related."

Mosher has a history of violence, including a conviction in September for domestic battery, court records show. In that case, Eberhardt paid $114 in court and probation fees for her son.

Haase was sentenced in June to 90 days in jail for a domestic battery charge and was given credit for time served. He remained on probation.

A six-month period in 2005 highlights a tumultuous relationship between Gerald Eberhardt and his wife, court records show.

A peek at court records shows a history of violence for Gerald Eberhardt -- at least 15 criminal cases filed against him in the last 17 years. Many of them were for battery against a law enforcement officer. Many others were for domestic battery.

In July 2005, he was arrested for domestic violence and witness intimidation of Michelle Eberhardt. One month later, in August 2005, she filed for divorce. In September, he was formally charged with the crimes.

But by December of that year, Michelle Eberhardt had changed her mind about divorce, and she withdrew her petition. One month later, in January 2006, Gerald Eberhardt was convicted of the domestic battery charge.

They weren't the first domestic battery convictions for the man. In 1998, he pleaded no contest to the charge, and in 1999, he was found guilty by a jury of domestic battery and criminal restraint. That all led to the 2006 conviction, which netted him one year in county jail.

Gerald Eberhardt is the owner of Wizz By Auto Sales, 1316 N.W. Topeka Blvd. Monday afternoon, a white piece of paper was taped in the window of the business notifying customers that the business was closed because of a death in the family.

Posted by Cathy Church at 6:41 PM 0 comments

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Judge Cleared of Sex Abuse in Inmate Spanking (AL)

Note: Cross posted from [wp angelfury] Family 'Lawless' Court Whores.

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http://www.kwch.com/Global/story.asp?S=11385122

 

Ala. judge cleared of sex abuse in inmate spanking
Posted: Oct 26, 2009 2:30 PM CDTUpdated: Oct 26, 2009 5:50 PM CDT

By PHILLIP RAWLS
Associated Press Writer

MOBILE, Ala. (AP) - A former Alabama judge was cleared Monday of charges that he spanked and sexually abused male inmates.

Former Mobile County Circuit Judge Herman Thomas was found not guilty on seven counts after more than a week of testimony. Judge Claud Neilson threw out the remaining 14 charges.

Thomas wept and hugged his wife and supporters after the judge threw out the remaining charges. He left court without comment. As he left, one supporter threw her hands in the air and shouted, "Thank you Jesus." Other supporters gathered in a circle to pray.

Defense attorneys had painted the 48-year-old as a prominent civic leader who became a victim of felons who lied about him to manipulate the court system.

Prosecutors said Thomas brought 11 young male inmates to a private courthouse office and severely paddled their bare bottoms for sexual gratification. Some of the inmates testified they had sexual contact with the judge.

Defense attorney Jeff Deen said Neilson's decision to toss the remaining charges was not surprising because the jurors had acquitted Thomas on every charge where they could reach a .unanimous decision.

Deen said Thomas' next goal is to regain his law license, which has been suspended by the Alabama State Bar. That could take months, Deen said.

District Attorney John Tyson said, "We are extremely disappointed. We worked very hard in this case and we did what we thought was the right thing." He said it was a difficult case because young men with criminal records were testifying against a well-known community leader, and the jury verdict reflected that.

"We went with the people we had," he said.

Carol Meeks of Mobile, a Thomas supporter who sat through the three-week trial, said she agreed with defense attorneys that Thomas was targeted by lying felons.

"He's a very good man and he's done a lot for this community. We need more people like him who look out for young people in our community," she said.

The jury of seven women and five men heard seven days of testimony before beginning deliberations late Thursday afternoon over charges of sex abuse, second-degree assault, sodomy and attempted sodomy.

Before the trial, prosecutors indicated that other inmates had been spanked, but were not included in the charges against the judge. Tyson said he has no plans to try to bring additional charges involving other young inmates.

Judge Neilson said he threw out charges of second-degree assault because the assault must be committed with a dangerous weapon or instrument. "The use of a paddle or belt in this case is not a dangerous weapon," he said.

He said prosecutors lacked evidence to support the sex abuse and attempted sodomy charges.

Early in the trial, Neilson told prosecutors he did not think they had brought the correct charges. When he threw out the remaining assault charges Monday, he said he probably should have dismissed them before sending the case to the jury, but he felt the jury should review them.

During closing arguments, prosecutor Nicki Patterson portrayed Thomas as a "Dr. Jekyll and Mr. Hyde" figure who carefully crafted an image as a mentor to troubled youth, while secretly paddling and sexually abusing young inmates for pleasure.

Defense attorney Robert "Cowboy Bob" Clark described Thomas as the victim of lying felons.

"He ain't no pervert," Clark told the jury in closing arguments.

Thomas was a Mobile County judge for 17 years, so popular that Alabama's top Democrats once recommended him to become the first black federal judge in south Alabama. He was oneof the most well known men in Mobile, serving as trustee of two colleges, frequently speaking to church and youth groups and organizing mentoring programs for young people.

He resigned his judgeship in 2007 after a state judicial panel accused him of unethical conduct. A grand jury indicted him in the spring on felony charges accusing him of severely paddling and sexually abusing young men who appeared before him in court.

Some of the men testified he picked them up at jail, took them to a private office in the courthouse and gave them the choice of going back to jail or going free by taking a paddling with their pants and underwear down. They said they complied and took several strikes from the judge.

Some men testified they turned around during the paddlings to see the judge sexually aroused or exposed. One testified the judge made him masturbate, and a forensic scientist reported finding the man's semen on the judge's carpet. Another former inmate said the judge tried to force him to have oral sex.

The defense presented a Roman Catholic archbishop, a youth minister and two school principals who described Thomas' many hours of youth work.

"For that good deed, he gets a 103-count indictment," Clark said.

Those 103 counts were reduced by four-fifths before the case went to the jury because the prosecution dropped charges involving four of the 15 men named in the indictment and the judge threw out all extortion, kidnapping and ethics charges.

Copyright 2009 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

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26.10.09

Domestic Violence Preceded Shooting in death of man with history of 17 prior convictions of violence Shawnee County, KS

Note: Cross posted from [wp angelfury] Whos Killing Families?.

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http://cjonline.com/news/local/2009-10-26/domestic_violence_preceded_shooting

 

Domestic violence preceded shooting

    Photo 1 of 5

    ANTHONY S. BUSH/THE CAPITAL-JOURNAL

    The Shawnee County Sheriff’s Department was still on the scene at 2835 S.E. Shawnee Heights Rd. as of 2 p.m. Monday where Gerald S. Eberhardt, 51, was killed on Sunday. ...

    Note: Cross posted from [wp angelfury] Whos Killing Families?.

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    DOJ: Murder-Suicide in Families

    Note: Cross posted from [wp angelfury] Whos Killing Families?.

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    http://www.ojp. usdoj.gov/ nij/topics/ crime/intimate- partner-violence /murder-suicide. htm

    Murder-Suicide in Families

    Cases in which one intimate partner murders another and the children and then kills him- or herself are rare and usually garner widespread media coverage. This type of murder-suicide is called familicide.

    In almost all of these cases, the killer is a white, non-Hispanic man [1].

    Cases in which women kill their male partners, their children and themselves are extremely rare and thus gain even more widespread media coverage.

    Learn more about:

    Risk Factors

    Common characteristics of murder-suicide in families include:

    • Prior history of domestic violence [2], [3].
    • Access to a gun [4], [5].
    • Threats, especially increased threats with increased specificity [6].
    • Prior history of poor mental health or substance abuse, especially alcohol [7].

    Previous history of abuse is by far the most dominant risk factor. In one study, 82 percent of the men who killed their intimate partners were known to the authorities — treatment professionals, the military or the criminal justice system, for example [8].

    In most cases, the man exhibits possessive, obsessive and jealous behavior. There is a gradual build-up of tensions and conflicts after which an event leads the man to act. The triggering event is often the woman's announcement that she is leaving.

    The time immediately after a woman leaves an abusive partner is the most dangerous [9].

    Read an article from the NIJ Journal about a tool to help assess a woman's risk of being a victim of murder suicide (pdf, 6 pages).

    Role of Guns

    The data are clear: More incidents of murder-suicide occur with guns than with any other weapon. Access to a gun is a major risk factor in familicide because it allows the perpetrator to act on his or her rage and impulses.

    In 591 murder-suicides, 92 percent were committed with a gun [10]. States with less restrictive gun control laws have as much as eight times the rate of murder-suicides as those with the most restrictive gun control laws.

    Compared to Canada, the United States has three times more familicide; compared to Britain, eight times more; and compared to Australia, 15 times more.

    Read more about gun-violence prevention.

    Role of Shelters

    Domestic violence shelters are meeting the needs of abuse survivors and their children, providing services like housing, mental health counseling and legal assistance. Nearly three-quarters (74 percent) of domestic violence survivors rate the assistance they received at their shelters as "very helpful," and another 18 percent rate it as "helpful."

    Read more about what women say about shelters Exit Notice.

    Role of the Economy

    The very low number of murder-suicide  incidents makes it hard for researchers to understand exactly what role the economy plays in these cases. What is known is that economic distress is a factor, but it is only one of several factors that trigger a man to murder his family. In most cases, the couple has a history of disagreement over many issues, most commonly money, sex and child-rearing.

    Although personal economics like the loss of a job may be one of several critical factors, most experts agree that the strength or weakness of the national economy is not related to the frequency of murder-suicides, despite media coverage that suggests otherwise.

    Next section: Practical Implications of Current Domestic Violence Research.

    Notes

    [1] Logan, J., Hill, H.A., Black, M.L., Crosby, A.E., Karch, D.L., Barnes, J.D. and Lubell, K.M., "Characteristics of Perpetrators in Homicide-Followed- by-Suicide Incidents: National Violent Death Reporting System — 17 US States, 2003-2005," American Journal of Epidemiology 168 (November 2008): 1056-1064.

    [2], [9] Campbell, J.C., Glass, N., Sharps, P.W., Laughon, K., and Bloom, T., "Intimate Partner Violence, Trauma, Violence & Abuse," 8 (July 2007): 246-269.

    [3], [4], [6], [7] Koziol-McLain, J., Webster, D., McFarlane, J., Block, C.R., Ulrich, Y., Glass, N. and Campbell, J., "Risk Factors for Femicide-Suicide in Abusive Relationships: Results from a Multisite Case Control Study," Violence and Victims 21 (February 2006): 3-21

    [5] Adams, D., Why Do They Kill: Men Who Murder Their Intimate Partners, Vanderbilt University Press, 2007.

    [8] Sharps, P.W., Koziol-McLain, J., Campbell, J., McFarlane, J., Sachs, C., & Xu, X., "Health Care Providers' Missed Opportunities for Preventing Femicide," Preventive Medicine 33, (November 2001):  373-380.

    [10] Violence Policy Center. (May 2006). American Roulette: Murder-Suicide in the United States (pdf, 21 pages) Exit Notice. Retrieved July 22, 2009 from the Violence Policy Center Web site.

    Date Entered: October 14, 2009

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    21.10.09

    Jana's Campaign; Domestic violence is a public crime that demands a public response!" -Curt Brungardt

    Note: Cross posted from [wp angelfury] Battered Mothers Rights - A Human Rights Issue.

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    Jana's Campaign 

    http://www.janascampaign.org/

     

    Curt Brungardt
    "Domestic violence is often a hidden act. Too often it is seen as a private matter between partners. IT IS NOT. Domestic violence is a public issue. Domestic violence is a public crime that demands a public response!"

    -Curt Brungardt

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    The Time for Action is Now!

    According to a recent United Nations report, one in every three women worldwide will directly experience violence in their lifetime. The overwhelming majority of these women will be physically harmed by their intimate partners. In the United States, domestic violence is recognized as the leading cause of injuries experienced by women. And data from the US Department of Justice says on an average, three women every day are killed by their current or former partners. On July 3, 2008, Jana Lynne Mackey, a University of Kansas law student was one of these fatalities.

    In honor of Jana, a committed group of advocates have created Jana's Campaign to encourage and promote a public policy response to domestic violence. "We believe it is our responsibility to use the story of Jana's life and the story of her death to help reduce violence against women." Jana's Campaign promotes new and effective legislation and other government action that secures safety and justice for victims of domestic violence. "It is our deep desire to play a significant role in breaking the cycle of domestic violence and be a catalyst for social change."

    Public Policy Advocacy

    Jana's Campaign is a grassroots, community based advocacy effort developed for the purpose of working in the domestic violence public policy arena. Partnering with other advocates, victims, the criminal justice system and law makers, this campaign encourages the development of effective state and national public policy. The campaign's goal is to move the issues of domestic violence to the top of the political agenda and support legislation that enhances victim's services, prevention and treatment programs, and provides for true accountability and justice. Currently Jana's Campaign is supporting new legislation in Jana's home state of Kansas. To learn more about the proposed Kansas domestic violence legislation click here.

    "The actions of government bodies - their laws, practices, regulatory measures, and funding priorities - profoundly affect how women and their families experience life and freedom form domestic violence."

    -National Online Resource Center on Violence Against Women

    About Jana

    Jana
    Jana Mackey was well-known throughout Kansas for her advocacy for women's rights. She had spent years volunteering to aid victims of sexual assault and domestic violence. She received her bachelor's degree in Women's Studies from KU and was an active participant in KU's Commission on the Status of Women. Jana also served as one of the youngest lobbyists at the Kansas State Capitol for the National Organization for Women.

    The most unlikely of domestic violence victims, KU law student Jana Mackey was found dead in her ex-boyfriend's home on July 3, 2008. For more about Jana please visit Jana's story.

    Jana's Campaign to stop domestic violence was motivated by, and developed as part of, Jana Mackey's 1100 Torches national campaign. For more information about her legacy see 1100torches.org.


     

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    Understatement: Domestic violence advocate questions Judge's decision in Peoria murder-suicide

    Note: Cross posted from (blogger angelzfury) Family Court Crisis-Abusers Getting Custody..!!.

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    http://www.azfamily.com/news/Domestic-violence-advocate-questions-Judges-decision-in-Peoria-murder-suicide-65110047.html

    Domestic violence advocate questions Judge's decision in Peoria murder-suicide

    by Ryan O'Donnell / 3TV

    Posted on October 20, 2009 at 8:27 PM

    Updated yesterday at 11:00 PM

    PEORIA , AZ -- On October 6, 2009 Dawn Axsom and her attorney pleaded with Judge Jose Padilla to allow her to leave Arizona with her two-year-old son, Xavier, but Judge Padilla denied the request.

    According to court testimony, Axsom’s estranged husband, 28-year-old Gabriel Schwartz, had been arrested twice for DWI, was unemployed, and had made two failed suicide attempts.  This prompted Axsom to also file for an Order of Protection against Schwartz.

    Judge Padilla granted Schwartz visitation rights, requiring a drug & alcohol and mental health evaluation to be completed within 60-days.

    Two weeks after that court appearance, Dawn Axom and her mother Linda were found shot to death in their Peoria home, reportedly by Schwartz, who then turned the gun on himself.

    Elizabeth Ditlevson, who works for the Arizona Coalition Against Domestic Violence, says it’s not just Judge Padilla, but other family court judges who don't seem to take domestic violence as seriously as they should.

    “Some courts are privileging an abusers access to their children over the safety of the victim parent and the child. We think that that is a huge issue and it needs to change” said Ditlevson. 

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