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Teacher pleads not guilty to shooting boyfriend
Shooting victim in custody for Texas warrants
Saturday, December 22, 2007
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It’s been more than three months since Roxanne McWilliams appeared in court in street clothes.

Although difficult times still lay ahead, the 49-year-old former Napa school teacher seemed more at ease when she came to Napa County Superior Court Thursday and pleaded not guilty to attempted murder for shooting her live-in boyfriend as he slept in the Redwood Road home the couple shared on Sept. 8.
James Talley, 50, survived the gunshot wounds to his upper torso. Prosecutors say McWilliams emptied a 9mm Glock handgun early that morning, pulling the trigger three times while Talley lay sleeping and twice more after he walked to the bathroom and collapsed on the floor.

The shooting happened around 6 a.m. According to police, McWilliams admitted to leaving the house, ditching the gun under a lawn mower at a nearby school and returning to the house, where she was taken into custody.
She was booked into the Napa County jail and held without bail until Dec. 5, when Napa County Superior Court Judge Stephen Kroyer set bail at $250,000, half the amount requested by McWilliams’ defense attorney, Merv Lernhart.

Within a few days, McWilliams posted bail and is now living with relatives.
Meanwhile, Talley has problems of his own. He moved to Napa in May, leaving behind him two outstanding warrants for his arrest in Texas.

Talley was taken into custody last month by Napa police as he checked out of the homeless shelter on Gasser Drive.

After testifying at McWilliams’ preliminary hearing earlier this month, Talley, who waived extrication, was transported back to Texas. He is awaiting criminal prosecution on felony charges of domestic violence and failure to appear in court.

McWilliams’ Napa trial is set for April 7, and is expected to last two to three weeks. At her preliminary hearing the court found that she must answer to willful and premeditated attempted murder with special enhancements of assault with a firearm and intentional discharge of a firearm, causing great bodily harm.

If found guilty of all the charges, McWilliams faces 32 years to life in state prison.

At McWilliams’ preliminary hearing, Lernhart argued the more appropriate charge is voluntary manslaughter, which carries a maximum penalty of 11 years in prison.

Lernhart argued that McWilliams is a victim of Battered Women’s Syndrome. He told the court that Talley emotionally, physically and sexually abused his client. He also said Talley threatened to kill her, her mother, her 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.

After the incident, Talley filed a civil personal injury lawsuit against McWilliams and her family. Although Talley is in custody in Texas, the civil lawsuit will go forward, according to Talley’s Napa attorney, Elisabeth Frater.

McWilliams has filed a cross complaint seeking damages from Talley for emotional distress, sexual battery, false imprisonment and domestic violence.
5 comment(s)

starling wrote on Dec 21, 2007 5:51 AM:

" Although shooting a person is obviously not the right thing to do, I can't say that I blame Roxanne for doing it. This guy is a real creep and if someone was threatening to kill my family and I felt that I had no other way out, you better believe I would take the same course of action. Restraining orders do not keep someone like him away, they only make them angrier. This guy has proved not only by his attitude in court but also by prior offenses that he is capable of hurting her and/or her family. I hope she gets a nominal sentence, if any. These kinds of cases need to be looked at individually, not as a whole. "

mofosheee wrote on Dec 21, 2007 6:27 AM:

" Use a gun, go to jail. She had other options and it a danger to society "

mominapa wrote on Dec 21, 2007 8:52 AM:

" I have blogged on this issue before and I still maintain that she did the wrong thing, but not sure she had other options at the time. I would probably have done the same thing. I live in fear that my daughter or my granddaughters will encounter this kind of thing one day. I also still maintain that 90% of what happens to you in life has to do with the company you keep. She doesn't have a good "picker". She picks the wrong men. I have been guilty of that as well and so have many other women. This is not only Talley's wake-up call. I would bet the farm that if Roxanne has the chance to pick another man someday, she will be using a whole different criteria than she has ever used before. I do not feel that she is a danger to society or a flight risk. She proved that when she returned to the scene of the shooting instead of running away. I'm on her side. I hope she ends up with "time served" and a short probation. She will probably leave town and she will also probably not be able to teach again. I wish I had young children. I would hire her as a tutor for them in a heartbeat. No one deserves to be beaten and more women need to take matters into their own hands if they are abused. I don't recommend shooting the abuser, but I do recommending walking, very quickly, the other way, contacting the police and letting the authorities deal out the punishments. This man has abused before and has gotten away with it. He needs to go to jail for a long time. "

Jomar wrote on Dec 21, 2007 9:00 AM:

" Roxanne is not a danger to society. Abuse is a vicious cylce that needs to be broken. After years of abuse from men, I have snapped too. She is an amazing woman and goes out of her way to help friends and family or those in need. Talley is a violent criminal mind. He seems to have a preditor type pesonality and knew Roxanne was in a rough spot in life. Lucky for her she has an amazing attorney! "

mike wrote on Dec 21, 2007 1:02 PM:

" I know how Roxanne felt at the time of the shooting. The mind and body can only take so much before it snaps. Any one confronted with this type of abuse will react with out weighing in the reasoning for their actions. I layed my step fathers head with a louie ville slugger after my mind snapped to his abuse many years ago. So I have been there and done that. I can only hope this poor lady get's the freedom and help she needs. "

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