Kenai, Alaska

From the Anchorage Daily News of January 28, 2006

Jury acquits Kasilof woman in boyfriend's shooting death

VERDICT: John Clark was shot in self defense, Betsy Hester contended.

A Kenai jury acquitted a woman in the shooting death of her boyfriend.

The jury found Betsy Hester not guilty of murder in the death of John Clark, killed in 2003 at the mobile home the couple shared in Kasilof.

Hester, 53, was charged with one count of second-degree murder in the death of her boyfriend on Oct. 4, 2003. The Superior Court jury took little time to reach its verdict.

"This should never have come to trial," said defense attorney Jim McComas. "It's a crock and the jury told you that in two hours."

The defense argued that Hester had legitimate reason to believe she was in danger of suffering serious injury or death if she did not defend herself from Clark's attacks.
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According to Hester's testimony, she and Clark had been drinking and arguing at the Decanter Inn in Kasilof before they returned home. Once home, the argument escalated and Clark slapped and hit her with his fist.

He then went to the kitchen. When he returned holding a knife and continued to threaten bodily harm, Hester shot him with a pistol Clark left in the living room.

In closing arguments, Seaton questioned the claim that the shooting was made in self-defense. He recounted Alaska State Troopers' testimony on the severity of the injuries observed on Hester in the two days following the shooting.

"(Troopers) noticed and photographed a scratch on the side of her face. John Clark had two bullet wounds ... and the defense had a scratch," Seaton said.

The defense argued that Hester did not have to wait until she was severely beaten to defend herself.

"What was she supposed to do? What is the state saying she was supposed to do?" Browning said. "Was she supposed to wait until she became another domestic violence statistic?"