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Teacher pleads to assault with gun for shooting lover
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CommentRoxanne McWilliams, the Napa school teacher accused of attempted murder for shooting her boyfriend five times in a north Napa domestic dispute, on Wednesday pleaded to a lesser charge and agreed to spend eight years in state prison.
Napa County Superior Court Judge Stephen Kroyer sentenced McWilliams after she pleaded no contest to one count of assault with a firearm and two sentencing enhancements for causing great bodily injury and doing so during a domestic violence clash.
Napa County Superior Court Judge Stephen Kroyer sentenced McWilliams after she pleaded no contest to one count of assault with a firearm and two sentencing enhancements for causing great bodily injury and doing so during a domestic violence clash.
On Sept. 8, 2007, McWilliams shot live-in boyfriend James Talley three times as he slept in her north Napa home, according to prosecutors. When Talley tried to move away from McWilliams, she shot him twice more.
Talley survived the incident.
Talley survived the incident.
McWilliams, for 18 years a teacher at Pueblo Vista Elementary School, said Talley had abused her physically and emotionally, and had threatened to kill her or her family members.
McWilliams’ defense attorney, Merv Lernhart, said Talley had left behind a lengthy record of convictions in Texas for domestic violence, theft and violation of restraining orders barring Talley from contacting other women.
McWilliams’ defense attorney, Merv Lernhart, said Talley had left behind a lengthy record of convictions in Texas for domestic violence, theft and violation of restraining orders barring Talley from contacting other women.
On Wednesday, Lernhart said that if the case had gone to trial he was prepared to bring five of Talley’s ex-wives from Texas to testify against Talley. Talley has at least nine ex-wives, he said.
If a jury believed McWilliams acted in self-defense, she could have walked out of the courtroom a free woman. Yet McWilliams admitted to shooting Talley while he slept, critically undermining a self-defense argument. If convicted of murder and all related charges, she faced a sentence of 40 years to life in prison.
After the plea deal, Lernhart said that with good time credits McWilliams might be released in six-and-a-half years. Under the circumstances, he said, “Six and a half looked a lot better than 40 to life.”
Napa County Assistant District Attorney Lee Philipson said the plea “was a just result based on all the facts put forward by both sides in a very complex case with some very serious issues.”
Philipson said Napa County Deputy District Attorney Catherine Borsetto, investigator Bill Francis and police investigated the case thoroughly. He acknowledged that the victim’s background complicated the case, but added, “No one has the right to shoot somebody in their sleep.”
Lernhart emphasized that McWilliams entered what is known as a “West plea,” in which the defendant does not admit guilt but consents to be punished as if guilty.
Talley has sued McWilliams in civil court for causing his injuries. McWilliams counter-sued, saying Talley was abusive to her. The civil matter has been delayed until after the criminal proceedings wrap up.
If a jury believed McWilliams acted in self-defense, she could have walked out of the courtroom a free woman. Yet McWilliams admitted to shooting Talley while he slept, critically undermining a self-defense argument. If convicted of murder and all related charges, she faced a sentence of 40 years to life in prison.
After the plea deal, Lernhart said that with good time credits McWilliams might be released in six-and-a-half years. Under the circumstances, he said, “Six and a half looked a lot better than 40 to life.”
Napa County Assistant District Attorney Lee Philipson said the plea “was a just result based on all the facts put forward by both sides in a very complex case with some very serious issues.”
Philipson said Napa County Deputy District Attorney Catherine Borsetto, investigator Bill Francis and police investigated the case thoroughly. He acknowledged that the victim’s background complicated the case, but added, “No one has the right to shoot somebody in their sleep.”
Lernhart emphasized that McWilliams entered what is known as a “West plea,” in which the defendant does not admit guilt but consents to be punished as if guilty.
Talley has sued McWilliams in civil court for causing his injuries. McWilliams counter-sued, saying Talley was abusive to her. The civil matter has been delayed until after the criminal proceedings wrap up.
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musikluvr wrote on Oct 8, 2008 9:10 PM:
In Wednesday's paper we have a woman charged with attacking a man with a razor cutter weapon.
2 weeks ago a woman was accused of assaulting a man with her keys
Napa is clearly a dangerous place for men. "
elb wrote on Oct 8, 2008 9:27 PM:
God bless her and keep here while she serves her time. Sure, she snapped, but under the circumstances... Well, I'd do time too if I thought it might keep my family safe from someone who was threatening to do them harm.
Six to eight years is a small price to pay for a woman who sets out to protect her family from the likes of a man who's run through nine or more wives and has threatened to do them harm.
You don't just go through nine wives for no reason at all.
This is a sad story. "
elb wrote on Oct 8, 2008 9:28 PM:
Either that or creepy men just shouldn't try messing with the women in Napa! "
amelia wrote on Oct 8, 2008 9:43 PM:
Since you think that napa is dangerous to men, you should leave. You might be safer. lol "
orual wrote on Oct 9, 2008 12:38 AM:
Rob C wrote on Oct 9, 2008 7:28 AM:
Normbc9 wrote on Oct 9, 2008 7:54 AM:
Dwayne wrote on Oct 9, 2008 8:05 AM:
The old adage "I'd rather be judged by 12 than carried by six" applies here....
If any good comes from this, it's a warning to abusive men not to sleep too well....
I think this woman was railroaded by prosecutor bullying and gamesmanship... "
asahigo wrote on Oct 9, 2008 8:17 AM:
" "West plea"? Never heard of such a legal term. Sounds colloquial to me. How does it differ from a "No contest" or "nolo contendere" plea? "
It doesn't. It's like calling the P.I.T. (pursuit intervention technique) a California stop. "
LadyT wrote on Oct 9, 2008 8:33 AM:
npma wrote on Oct 9, 2008 8:47 AM:
You sure seem to complain a lot about women and how violent they have become oddily enough I havent herd you say one thing about all the men and the abuse they inflict on women every day sounds to me like you might think its ok for men to beat women but not ok for a women to stand up to these jerks "
amigo wrote on Oct 9, 2008 8:49 AM:
And discrimination
What happened fair and equal treatment for all??????????
This lady invited this guy to live at HER house.
Shoots him in his sleep.Did he die?
And gets out in 6 years?????
Where is the outrage?????? "
jersey guy wrote on Oct 9, 2008 9:13 AM:
sammy wrote on Oct 9, 2008 9:32 AM:
I wish this woman the best,..... "
napanana wrote on Oct 9, 2008 9:35 AM:
4gnapan wrote on Oct 9, 2008 9:39 AM:
MarkMiwords wrote on Oct 9, 2008 9:58 AM:
MarkMiwords wrote on Oct 9, 2008 10:03 AM:
napanana wrote on Oct 9, 2008 10:20 AM:
I hope that Roxanne knows how proud we are of her for her honesty throughout all of this.....and well wishes for her journey for the next few years. We won't forget all of the good she has done for our kids growing up through school and after.
Have to be careful how I say it....they keep blocking my comments. Lets see if #4 makes it.... "
tvchick wrote on Oct 9, 2008 10:21 AM:
verum wrote on Oct 9, 2008 10:45 AM:
musikluvr wrote on Oct 9, 2008 11:37 AM:
Knowthefacts wrote on Oct 9, 2008 12:14 PM:
Just to correct your comment.......Roxanne did not allow James to "beat her for years"!!! They had only been dating less then 5 months!!! She is an evil, crazy, dishonest woman. She has done nothing but make false accusations throughtout all this. HOWEVER........she did not even begin to accuse him of anything (such as sexual & physical assualt ) UNTIL a week after she had shot him. Why a week later?? Because that is when she realized he was going to live!!! She has gotten off with nothing but a slap on the wrist as far as I am concerned!!! She agreed to the pleas bargin because she KNEW if this went to trial all her lies were going to publically come out and she was going to lose the case. Everyone supporting her on here has NO idea how many lies she has told about all this!!! "
Littlered56 wrote on Oct 9, 2008 12:54 PM:
I wish her well and hope she can get her life back together. "
napanana wrote on Oct 9, 2008 3:03 PM:
I am not promoting that women should fight....but they need to wake up and smell the coffee BEFORE it burns. At the FIRST onset of violence or abnormal need for control (ie. isolation from friends and family...demeaning treatment) in a relationship..we should be teaching our girls to run! HELLO? And yes boys, the same goes for you too. If you find a girl....that shows the same qualities, I say the same to you. If your life has been limited/altered by the one that claims to love you it isn't love. It is the need for power/control. YOU CAN NOT FIX SOMEONE ELSE! Duhhh seems appropriate right about now........
This whole thing just might be a mixed blessing.....in disguise. We aren't going to forget this for a long time....and neither will any one of her students for the past 18 years....who are now raising their families. Sheds a little light on the subject of domestic violence and who is or isn't immune from it happening to them...........
OH....Tvchick...do you really want 6 brothers? LOL :) "
sammy wrote on Oct 9, 2008 4:26 PM:
LOL Nana,.... so how many children do you have ? I was raised with six brothers,......and while it was tough growing up, I have the best brothers EVER "
localmama wrote on Oct 9, 2008 5:09 PM:
savenapa wrote on Oct 9, 2008 5:34 PM:
amigo wrote on Oct 9, 2008 9:05 PM:
Do I hear "humanity" "equality""fairness""rights"
Nope.....I guess it dosent apply to all?
Principals compromised so easily. "
amelia wrote on Oct 9, 2008 9:31 PM:
What about the extreme male violence? Why aren't you more concerned with that? If my laughing comment that you should leave napa since it's a dangerous place for men is a personal threat, then that's your issue. Violence is violence no matter the gender. The way you say things, one would believe that only women in this town are capable of violence, not men. Equal diversity.... "
naynay wrote on Oct 9, 2008 10:59 PM:
photo was not in the news paper and why she was not on video tape? This news paper puts others picture and videos in the paper! I am and others are wandering Dan and Marsha is this a race thing as well as the plea deal that the teacher got? "
TeamRoxanne1 wrote on Oct 9, 2008 11:25 PM:
amigo wrote on Oct 9, 2008 11:43 PM:
I think she was wounded inside: in her feminine soul. Deperate and longing for some masculine validation that she never had recieved. An overwhelming urge deep inside so strong that it took her to the lowest common denominator in male form. I pray that a light in heaven will shine down on her and reveal true love of the father "
napanana wrote on Oct 10, 2008 9:25 AM:
Teamroxamme1: She is a great lady. she guided many kids I know through school. And that is not over for her by any means. Her example of what can happen .........will save a LOT of people from the same situation.
Nephew says he must have really done something bad to her. He tried her patients a lot and she didn't try to kill him! "
14obama wrote on Oct 10, 2008 9:41 AM:
napadad wrote on Oct 10, 2008 4:13 PM:
So, sometimes violence is the answer, the only answer. "
mytwocents wrote on Oct 10, 2008 10:04 PM:
savenapa wrote on Oct 11, 2008 7:09 PM:
"Sometimes violence is the answer, the only answer."
Should we all translate your comment such that the only viable option was for Miss McWilliams to shoot her abuser while he was sleeping? Pray tell, how does one know when violence is the "only" answer? What the heck is the critically thinking adult suppose to do with your irresponsible comments? According to your screen name you have children. Don't you think it is time that you think more like an adult? "
napadad wrote on Oct 13, 2008 9:08 PM:
savenapa wrote on Oct 14, 2008 4:49 PM:
And yes...any responsible person will know when to use violence. SELF DEFENSE is the key word. The term is definable and NON-Subjective. "
napadad wrote on Oct 15, 2008 10:03 AM:
Warren MacDonald had subjected his wife to years of physical, psychological and sexual abuse and had raped her on the night of his death, the Victorian Supreme Court was told.
He told the jury she donned camouflage gear and hid in a "sniper's nest" in bushes for 90 minutes before shooting her husband six times.
Defence lawyer James Montgomery said during the trial his client killed her husband but the "devoted mother" did so after years of abuse.
Mr Montgomery described his client as "meek, mild" and a "devoted mother".
He said Mr MacDonald "totally dominated" his family through fear during his 17-year marriage.
A friend of Mrs MacDonald's, Anne Hall, told the jury she heard Mr MacDonald warn his wife: "If you ever leave me I will track you down and kill you."
Ms Hall also said Mr MacDonald often abused his wife
A former neighbour, Patricia Brown, told the court Mr MacDonald was very firm with his children and would punish them by making them do push-ups.
"If they did something wrong (they were) made to get on the floor and do push-ups, even the two-year-old, which I thought was a bit rough," she said. "
napadad wrote on Oct 15, 2008 10:20 AM:
Women of every age are substantially more likely to be killed by an intimate partner than men. (See Table 2.8.) Every year, about one-third of all females murdered in the United States are killed by an intimate (33.5% in 2000). In comparison, only 3.7% of all male murder victims were killed by an intimate in 2000.
female intimates indicate an increased risk of homicide, especially choking National Institute of Justice Journal, no. 250, November 2003). She also found that recently abused women were more likely to be killed—half of women who were killed by their partners had experienced violence in the previous thirty days. She also found that increasingly frequent violent incidents posed a higher risk of homicide "
amigo wrote on Oct 15, 2008 12:30 PM:
They seek to label one side as a victim and another as a purpatrator
Most violence against never gets reported. That is a fact. "
amigo wrote on Oct 15, 2008 4:06 PM:
How can those statistics be remotely accurate? "
napadad wrote on Oct 15, 2008 5:01 PM:
savenapa wrote on Oct 15, 2008 6:56 PM:
If you are going to cut and paste then please site your references so we can all verify the source and consider it.
And... just because it's no secret that we have biased judges and greedy lawyers (which we are all quite well aware of) it doesn’t make it right when they rule in favor of revenge. Claiming insanity and having a jury clear you, when all you really wanted to do was get revenge is still fundamentally wrong- no matter how many people collude with the perpetrator. Only those that are directly involved know if they were truly insane or if they just wanted to get that person back once and for all. I believe most of the cases are revenge and they bank on the “insanity clause” or “battered person syndrome” as a legal way to do it. You can site as many stats as you want but I’m not convinced.
Trouble is, as much as I love Charles Bronson and the Death Wish Movies, I try not to identify with them to the point of letting my brains fall out of my head. "
napadad wrote on Oct 16, 2008 11:16 AM: