Durham, North Carolina



From the Durham Herald-Sun of July 14, 2004

Wife cleared in shooting



A domestic violence murder charge was dismissed Tuesday when a judge found there was not sufficient reason to prosecute 57-year-old Barbara Jean Gaddy in the May shooting death of her husband.



District Judge Craig Brown ruled that the evidence against Gaddy would not even support a manslaughter charge, let alone an allegation of murder.



Prosecutors could attempt to revive the murder charge with a grand jury indictment, but they indicated that such a move is unlikely.



Gaddy was accused of killing her 56-year-old husband, Jasper Romey Gaddy, with a single gunshot to the chest.



But defense lawyer Douglas Simons argued Tuesday that Barbara Gaddy shot her spouse only after he choked her briefly into unconsciousness and then pulled a gun on her.



"She came to and tried to get away," Simons said. "He kicked her all the way into another room. ... She had no way of getting out of there. She didn't want to kill him, but she didn't want him to kill her either.



"She was forced to do what she did," he continued. "He went for his gun. She had her gun. She got off the decisive shot."



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