Georgia: Charges dropped in shooting death DA says wife acted in self-defense when she killed her husband

Summergrove, Georgia

From the The Times-Herald of December 20, 2007

Charges dropped in shooting death DA says wife acted in self-defense when she killed her husband

All charges against 61-year-old Bobbi J. Dailey, the woman accused in the shooting death of her husband, Michael, at their home in SummerGrove on Feb. 6, have been dropped by the Coweta County District Attorney's office.

Dailey had been charged with two counts of murder, aggravated assault and possession of a firearm during the commission of a crime. In light of new evidence recently uncovered, the District Attorney's office has concluded that Dailey was acting in self-defense on the evening of Feb. 6 and have therefore dismissed the case against her, according to Assistant District Attorney Pat Dutcher.

Dailey, who was represented by Criminal Law Attorney Lawrence Delan, has been out of the Coweta County Jail since posting the $25,000 bond set by Coweta Superior Court Judge A. Quillian Baldwin on March 9.

According to Dutcher, the original evidence presented by the Newnan Police Department detectives indicated that Dailey may have maliciously shot and killed her husband. The investigator for the District Attorney's office recently discovered new evidence that indicated that Dailey reasonably believed she had to use deadly force to defend herself against her husband the evening of Feb. 6.

On the night of the shooting, Coweta 911 received a call at 10:10 p.m. from 507 Hunterian Place in SummerGrove from Bobbi Dailey. Police arrived on the scene to find Michael lying dead on the floor in a bedroom with a single gunshot wound to the heart.

Investigators determined that the Daileys had gotten into an argument while both were under the influence of alcohol in which one of them had retrieved a .40 caliber Sig Sauer gun. Bobbi got that gun and fired one shot, striking her husband in the chest, according to police.

"While we don't condone the act, this is no doubt a tragic situation," said Dutcher. "We believe now that we have the complete picture in the best interest of justice — that is our ethical responsibility."

Psychological testing conducted on Dailey indicated that she suffered from Battered Person Syndrome, a sub-category of post-traumatic stress disorder. The investigator with the District Attorney's office had interviewed two of Michael's former spouses and concluded that there was a history of abusive behavior, according to Dutcher.

Furthermore, Dutcher stated that evidence suggests that Michael had struck his wife the evening of the deadly altercation. Michael's right hand was swollen with abrasions, and Dailey's left eye was reportedly swollen and bruised. There was also a hole in the wall of the kitchen with traces of blood indicating that Michael may have punched his fist through it. Finally, there was a scratch mark on his neck suggesting to investigators that Dailey had tried to fight back.

"All the evidence was consistent with a domestic altercation," said Dutcher. "This was a difficult case, and the Daileys are good people. My heart goes out to the them in this tragedy. The possibility that we could reopen this case exists if any new evidence presents itself."

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