Man Murders Wife and Son, 2 Daughters Survive(2 Death Sentences)

[Karo]

I am horrified by a crime that took place in the greater New Orleans area (near Mandeville, just north of the city of New Orleans) this past week.  It’s got many of us reeling.  

Despite being under a restraining order, a 29-year-old man, James Magee, waited for his wife in their neighborhood as she returned from her job at a day care center, rammed her car repeatedly until she ran off the road and crashed into a tree, then shot her in the head at close range with a 12-gauge shotgun.  As their 5-year-old son was trying to run from the car, his father shot him in the back, and then in the face!   Their 2 daughters were in the back seat of the car.  The 8-year-old was shot in the upper chest area but survived.  The 7-year-old was not shot because she played dead but was cut by broken car window glass.  

The man was arrested in Mobile after Alabama police spotted his truck on I-10.  “Asked whether he had a message for his two young daughters...he said, ‘I love you. I'm sorry.’”  A neighbor who witnessed the shootings said he is “haunted by the image of the boy lying mortally wounded on the street and the words of his 7-year-old sister. She said, “My daddy did it! My daddy did it! He hates us!” and I'll never get that out of my mind.’”  

The District Attorney said, "It is one of the most gruesome, heartbreaking cases I have ever seen." He said,  "I'm very disturbed at the brutality involved."  So are we all.  He and his wife had been separated for several months, and he was at a point where he snapped.  Now he is saying, “She did me nothing.  I don’t know why I did this.”  

http://tinyurl.com/2abwh4

http://tinyurl.com/2df3jo
Edit to add "2 death sentences" to subject line.  MB

[San]

I am horrified by a crime that took place in the greater New Orleans area (near Mandeville, just north of the city of New Orleans) this past week.  It’s got many of us reeling.  

Despite being under a restraining order, a 29-year-old man, James Magee, waited for his wife in their neighborhood as she returned from her job at a day care center, rammed her car repeatedly until she ran off the road and crashed into a tree, then shot her in the head at close range with a 12-gauge shotgun.  As their 5-year-old son was trying to run from the car, his father shot him in the back, and then in the face!   Their 2 daughters were in the back seat of the car.  The 8-year-old was shot in the upper chest area but survived.  The 7-year-old was not shot because she played dead but was cut by broken car window glass.  

The man was arrested in Mobile after Alabama police spotted his truck on I-10.  “Asked whether he had a message for his two young daughters...he said, ‘I love you. I'm sorry.’”  A neighbor who witnessed the shootings said he is “haunted by the image of the boy lying mortally wounded on the street and the words of his 7-year-old sister. She said, “My daddy did it! My daddy did it! He hates us!” and I'll never get that out of my mind.’”  

The District Attorney said, "It is one of the most gruesome, heartbreaking cases I have ever seen." He said,  "I'm very disturbed at the brutality involved."  So are we all.  He and his wife had been separated for several months, and he was at a point where he snapped.  Now he is saying, “She did me nothing.  I don’t know why I did this.”  

http://tinyurl.com/2abwh4

http://tinyurl.com/2df3jo

OMG this is terrible.  These poor children.

Sure he now wants to say she did something.  I can't wait to hear what.

[Karo]

San, I don’t think this man is blaming his wife for what he did.  He seems to be in that period of remorse that many abusers go through after they lose control of their behavior to rage.  They had been separated, and what made him so angry was her not agreeing to resume their marriage.  He couldn’t handle not having control over her anymore.

[San]

San, I don’t think this man is blaming his wife for what he did.  He seems to be in that period of remorse that many abusers go through after they lose control of their behavior to rage.  They had been separated, and what made him so angry was her not agreeing to resume their marriage.  He couldn’t handle not having control over her anymore.

Karo, you are right.  I misread line and thought it said she did something to me when it really was she did me nothing.  Thanks for the clarification.

[Nut44x4]

This is the most recent update I can find. Not sure if there has been a trial yet.

D.A. seeks death penalty in 'heinous' crime

May 24, 2007

Calling the crime ‘the most heinous he has seen as DA,’ District Attorney Walter Reed said he would seek the death penalty against a man accused of stalking and then killing his wife and son and shooting his daughters.
A grand jury handed down an indictment against James Magee for two counts of first-degree murder in the death of his estranged wife and five-year-old son. There were also two counts of attempted murder.

“It is clear in my mind that Mr. Magee attempted to ambush and to kill his wife and three of his children,” said Reed. “The manner in which the five-year-old was killed is absolutely shocking.”

Sheriff Jack Strain released a statement supporting Reed’s decision to go for the death penalty.

Deputies said Magee became enraged after having a restraining order issued against him and that he bought ammunition, followed or waited for his wife in the neighborhood in which she was living with family members, forced her car to crash and then shot at her and the children as they tried to flee.

Magee was picked up later that evening in Mobile, Alabama after allegedly trying to flee.

At Thursday’s hearing, Reed presented his case for about two hours and then the grand jury deliberated for about ten minutes.

Magee’s attorney Kevin McNary said the indictment was expected.

“The indictment is just a formal charging of the crime,” he said. “There’s nothing that I know about the matter so far that in any way surprises me that the state was able to obtain an indictment.”

Reed praised the selection of McNary as defense attorney saying that Magee will get excellent representation and that will help insure no legal loopholes at a later time.

Reed also thinks that the trial, which is expected to begin in about a year to 14 months, would be held in St. Tammany Parish, but possibly with a jury brought in from the outside.
http://www.wwltv.com/local/northshore/stories/wwl052407khdeathpenalty.6d2387c.html

~~~~~~~~~~~~

[MuffyBee]

http://www.wwltv.com/news/local/65666372.html
Jury selection begins in Pearl River trial where wife, son were killed
by Doug Mouton / Northshore Bureau Chief
Posted October 12, 2009, Updated October 22, 2009

NEW ORLEANS - Prosecutors and defense attorneys spent the day screening potential jurors in the murder case against Pearl River's James Magee.
406419

Magee is charged with two counts of first-degree murder for the killing of his wife and 5-year-old son, back in April of 2007.

Jurors will be screened Monday and Tuesday, and the actual selection of jurors will begin Wednesday.

Judge Rusty Knight told potential jurors this afternoon to expect a trial that lasts between five and seven days.

With such a high profile case, law experts say the big question at this point is whether James Magee can get a fair trial in St. Tammany Parish. Loyola University Law Professor, Dane Ciolino, said the judge will have to make that decision.
 ::snipping2::
St. Tammany District Attorney Walter Reed is seeking the death penalty in this case.

[MuffyBee]

http://www.wwltv.com/news/local/65666487.html
Man faces possible death penalty in killing of wife, child
by Doug Mouton / Eyewitness News
Posted October 13, 2009, Updated October 22, 2009


Adrienne and Ashton Magee Credit: WWL-TV

MANDEVILLE, La. - Attorneys are expected to begin selecting jurors Wednesday in the murder case against James Magee of Pearl River.
406759

Magee is accused of shooting and killing his wife and 5-year-old son, Adrienne and Ashton Magee, back in April 2007. It happened in the Tall Timbers subdivision north of Mandeville.

At the time, St. Tammany District Attorney Walter Reed called it the most heinous crime he had seen in his 24 years as District Attorney.

James Magee was arrested in Mobile later the same night. St. Tammany Sheriff Jack Strain said at the time, Magee admitted to the killing.

"This is going to be very difficult for the defense," said Loyola Law Professor Dane Ciolino.

Prosecutors are seeking the death penalty. Ciolino said the child victim changes the nature of this case.

"Jurors look at children as innocent," Ciolino said, "as having no role in any of the underlying offenses and as just pure innocent victims. The killing of a child is the most difficult case that any lawyer doing death penalty defense work has to deal with."
 ::snipping2::
At the time of her murder, Adrienne Magee had a restraining order against her husband. James Magee grew up in the Bogalusa area.

Judge Rusty Knight told potential jurors to expect a trial that lasts five to seven days. The trial could begin Thursday. There is a gag order in the case, which means attorneys will not be allowed to speak to the media during the trial.

[MuffyBee]

http://www.wwltv.com/news/local/65666727.html
Opening arguments set in man accused of killing wife, son
by Hassan Aquil / Eyewitness News
Posted on October 15, 2009, Updated October 22, 2009

MANDEVILLE, La. - Opening arguments began are set to begin in the murder trial of a man accused of killing his wife and young son.
 ::snipping2::
Prosecutors are seeking the death penalty.

[MuffyBee]

http://www.wwltv.com/news/local/65666747.html
Defendant's attorneys say he killed wife, son while under pain medication
by Doug Mouton / Northshore Bureau Chief
Posted October 15, 2009, Updated October 22, 2009


James Magee Credit:  WWL-TV

COVINGTON, La. - Thursday evening during opening statements, James Magee's attorney admitted Magee shot and killed his wife Adrienne and his 5-year old-son Ashton.

Prosecutors are seeking the death penalty in the double murder, which happened in the Tall Timbers subdivision north of Mandeville back in April 2007.

Magee's attorney, Bill Alford, told jurors James Magee stalked his wife, followed her, rammed his car into her car until she crashed, then shot his wife and his son.?

"We are not suggesting he's not guilty," Alford said. "We will not make excuses."

Alford said Magee was using a combination of pain relievers for foot pain, which led to him taking stronger drugs.?Alford said, "From the time he began taking that pain medication, his life spiraled downward."

Near the end of his 15-minute opening statement, Alford told jurors, "If you can come up with a reason why this happened, you're better than me."

Alford followed an emotional 15 minute opening statement by lead prosecutor Scott Gardner.

"Adrienne Magee was a pretty, tiny preschool teacher," Gardner said, "adored by her three small children."

Sheriff Jack Strain said back in April of 2007 that at the time of her murder, Adrienne Magee had a restraining order against James Magee.?

"She spent her final days hiding her children from the killer," Gardner said Thursday evening.?"The last seconds of her life were filled with the terror of being killed in their presence."

Gardner described in detail how Adrienne Magee was shot in the head at point blank range by a 12 gauge shotgun,?and how 5-year-old Ashton, known as Zach, was shot in the back at extremely close range, then shot again in the face.?
 ::snipping2::
Magee is charged with two counts of first-degree murder and two counts of attempted murder for shooting at his two daughters.? Gardner said before Magee could get to them, neighbors scared him away.?
 ::snipping2::

[MuffyBee]

http://www.wwltv.com/news/local/65666862.html
Jurors cry at testimony in slaying of woman, young child
by Doug Mouton / Eyewitness News
Posted October 16, 2009, Updated October 22, 2009

COVINGTON, La. - Several jurors cried during the first day of testimony in the trial of a man accused of gunning down his wife and young child two years ago in an upscale Mandeville subdivision.

James Magee is accused of killing his wife and son and the defense admitted in opening statements that he did the shooting but claimed he was under the influence of medication for a foot injury.

The dramatic testimony came from Dell Bryars who witnessed the shooting and who washed some of the blood stains out of the street.

Bryars was the first person on the scene and his testimony Friday was similar to the eyewitness account he provided WWL-TV in April 2007.

He testified how he saw a crash with one vehicle rear-ending the other one.

"First thing I know, I see the rifle come up and boom, the shot," he said. "I told my wife and daughter, 'Oh Jesus, he shot the woman.'"

Bryars said he saw the young boy in the street with half of his head blown off.

Jurors also heard the frantic 911 call placed by Bryars' wife.
Scott Gardner, the lead prosecutor in the case said Dell deserved credit for saving Magee's two daughters by scaring him away. As Bryar's testified, several jurors cried.
 ::snipping2::

[MuffyBee]

http://www.wwltv.com/news/local/65667042.html
Magee guilty of murder
by Maya Rodriguez / Eyewitness News
Posted October 17, 2009, Updated October 22, 2009

ST. TAMMANY, La. - A jury has found James Magee guilty on two counts of murder. He was convicted of killing his wife and son in 2007 and attempting to kill his two young daughters.

Magee is facing the death penalty. Sentencing is set to begin Monday morning. He was convicted of two counts of first-degree murder and two accounts of attempted first-degree murder

Jurors spent most of Saturday morning listening to St. Tammany crime scene investigator Judy Kovacevich testifying about evidence she found in the Tall Timbers subdivision in Covington, where prosecutors contend Magee used a shotgun to kill his 28-year-old wife Adrianne and five-year-old son Zack and injure his seven- and eight-year-old daughters.

The state rested their case around 6:15 p.m. The defense called no witnesses and the case went to the jury around 7:30 p.m., following closing arguments.

Kovacevich testified she found ammunition in Magee's truck and alcohol and hundreds of prescription pills, mostly pain killers. She said that there was a note on the dashboard, which said, "I just couldn't take it. I loved that girl with all my heart."

Adrianne Magee had taken out a restraining order against her estranged husband.Kovacevich testified she found the restraining order, which was dated the day before murders, lying on the living room floor of James Magee's home.

Donna Wallace, who was in the subdivision the day of the murders, testified she saw Magee in a pickup truck chasing a car driven by Adrianne Magee with her three children inside. "Who is this driving this crazy?" she said. "And I made I eye contact with person?he was continually ramming the car in front of him."

Wallace called 911.
More...

[MuffyBee]

http://www.wwltv.com/news/local/65667137.html
Parents ask mercy for son found guilty of killing wife, son
by Doug Mouton / Eyewitness News
Posted October 19, 2009, Updated October 22, 2009

Update: The jury has sentenced James Magee to death.
 ::snipping2::
Magee, who was convicted of two counts of first-degree murder Saturday, faces either life in prison or the death penalty for killing his wife and five-year-old son after ramming a vehicle into the back of their car in an upscale Mandeville neighborhood in 2007.

Defense attorneys, who said they would not try to say that Magee wasn't the shooter, had contended that the killings were a "spontaneous and impetuous act."

The prosecution called two witnesses who said Magee had mentioned violence in the days leading up to the fatal shooting.
 ::snipping2::
Another co-worker recounted how he heard Magee say that "I'm going to kill them all," just days before the incident.

The defense tried to build some compassion for Magee, first calling his father, James Magee Sr., who testified that the younger Magee had been witness to a lot of domestic violence. The elder Magee testified that he had been violent to the defendant's mother and that James Magee Jr. had witnessed it.

Magee's mother also pleaded for her son's life, saying, "I love my son. Please don't put him to death."
 ::snipping2::

[MuffyBee]

http://www.wwltv.com/news/local/65667197.html
Man, convicted of killing wife and son, sentenced to death
by Doug Mouton / Northshore Bureau Chief
Posted October 19, 2009, Updated October 22, 2009

NEW ORLEANS - Adrienne Magee's family walked out of the St. Tammany Parish Justice Center this evening saying justice was served, but there was no triumphant reaction in court.
408276

"This was no time to be joyful. He's got a mother and family behind him," said family member Charlie Ingram. "What we want to do is go forward with taking care of the girls, making sure that their life is one that they will be happy with."

The prosecution argued that James Magee planned the killing in advance and that he wanted to kill more people than just his wife, Adrienne, and son, Zach.

"We thought about this. We're both parents and Adrienne Magee spent her last seconds on earth fighting to save her kids, so we we're just honored to give a voice to her and we think the jury's verdict recognizes that her struggle was not for nothing," said Scott Gardner, St Tammany assistant district attorney.

As the verdict was being read James Magee shook, then collapsed, and then sat with his face in his hands as a St. Tammany Parish jury gave him the death penalty on two counts of first-degree murder.

"I think it was pretty well expected," said James Magee's attorney, Bill Alford. "This is one of the most tragic cases I've ever been involved with. It was a tragedy all around."
 ::snipping2::

[MuffyBee]

http://www.wwltv.com/news/northshore/Two-death-sentences-handed-down-to-man-convicted-of-killing-wife-and-son-80632227.html
Two death sentences handed down to man convicted of killing wife and son
January 4, 2010

MANDEVILLE, La. – A judge has officially given two death sentence penalties to a man convicted of killing his wife and son in April 2007.

James Magee was convicted by a jury in October and sentenced to death at that time.

Monday, Magee also received two 50-year sentences for attempted murder of his two daughters.
 ::snipping2::