Wilmington, Delaware

From the DelawareOnline.com of August 5, 2006

Charges dropped in case of man who shot father

Emotional-distress defense OK'd because of abusive history

John Eugene Latimer's last measure of control over his terrorized family ended this week.

Prosecutors dropped first-degree murder charges against Joseph Latimer, 28, who killed his father by shooting him in the head on the front lawn of his mother's house last July.

The family then let the body sit outside, overnight, under a blue tarp for 10 to 12 hours before calling police.

On Friday, Deputy Attorney General Colleen K. Norris said that after reviewing all the evidence, dropping all charges "was the right thing to do."

…(A lengthy litany of abuse and intimidation by the elder Latimer is omitted here)

On this night, the elder John Latimer was arguing with his wife "about medication he had not been taking," according to a court transcript.

At some point, the confrontation became violent, Jennings said, and John Latimer repeatedly threatened to kill Marie and Joseph. At one point, holding a rusty lawn-mower blade in one hand, he grabbed Marie with the other and looked like he was going to strike her.

So, Joseph then decided he had no choice, Jennings said.

He believed his father would kill his mother unless he acted, she said. He grabbed a .22-caliber rifle that his father had left at the house earlier.

Marie Latimer told police she heard a "pop" and then saw John Latimer fall to the ground. Joseph fired a single shot, hitting his father in the head.
…

Joseph sat in prison for four months before he was released on bond last fall.

On Thursday, prosecutors dropped the charges against Joseph.

"The prosecution is to be commended for their open-minded view of this case," Jennings said. "Justice is not always obtained with a guilty verdict."

She said the Latimer family can now "for the first time in their lives, live in peace."