3:45 p.m.A Napa third-grade teacher pleaded not guilty today to shooting her then-boyfriend five times.
Roxanne McWilliams is accused of shooting James Talley the night of Sept. 8 after what her attorney previously described in court as a prolonged amount of verbal, physical and sexual abuse.
McWilliams reportedly shot Talley three times Sept. 8 as he slept, then twice more after he walked to the bathroom and collapsed on the floor.
McWilliams, police said, admitted to police she leaving the house after the shooting, ditching the gun under a lawn mower at a nearby school and returning to the house where she was taken into custody.
She is free on $250,000 bail and is now living with relatives.
Meanwhile, Talley has problems of his own. He moved to Napa last May, leaving behind two outstanding warrants for his arrest in Texas.
Napa police took Talley into custody last month as he checked out of the homeless shelter on Gasser Drive.
After testifying at McWilliams’ preliminary hearing earlier this month, Talley was turned over to Texas law enforcement and transported back to Texas where he is awaiting prosecution on felony charges of domestic violence and failure to appear in court.
McWilliams’ trial is set for April 7, and is expected to last two to three weeks. At her preliminary hearing the court found her to answer to willful and premeditated attempted murder with special enhancements of assault with a firearm and intentional discharge or a firearm, causing great bodily harm.
If found guilty of all the charges, McWilliams is facing 32 years to life in state prison.
At her preliminary hearing, attorney Merv Lernhart argued McWilliams should be held to answer to voluntary manslaughter, which carries a maximum penalty of 11 years in prison.
Lernhart argued McWilliams is a victim of battered women syndrome. He told the court that Talley emotionally, physically and sexually abused his client. He also said Talley threatened to kill her, her mother, daughters and other family members.
The night of the shooting, McWilliams said she waited for Talley to fall asleep, retrieved the gun from a bedroom dresser and shot him because she was fearful for her life and her family.
Although Talley is in custody in Texas, the civil lawsuit he has filed against McWilliams for personal injury will go forward, according to his Napa attorney Elisabeth Frater.
McWilliams has filed a cross complaint seeking damages from Talley for alleged battery, emotional distress, sexual battery, false imprisonment and domestic violence.
napaao wrote on Dec 20, 2007 5:05 PM:
YOUNGNAP wrote on Dec 20, 2007 8:08 PM:
InTheKnow wrote on Dec 20, 2007 8:20 PM: