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Updated April 23, 2007, 11:16 a.m. ET
Jury convicts Mary Winkler of voluntary manslaughter in husband's shooting death


Mary Winkler
Mary Winkler could face up to six years in prison.
Case in pictures
Mary Winkler



SELMER, Tenn. — A Tennessee jury convicted Mary Winkler of voluntary manslaughter Thursday for fatally shooting her preacher husband in the back. (VIDEO)

The jury's verdict spared Mary Winkler the possibility of life in prison on one count of first-degree murder for shooting her husband, Matthew Winkler, as he lay in bed the morning of March 22, 2006.

She faces three to six years in prison, but her lawyers said a judge could also consider alternatives to incarceration, such as probation, when he sentences her May 18.

The panel of 10 women and two men deliberated for eight hours before returning its verdict against Winkler, who claimed she shot her husband after suffering years of physical, emotional and sexual abuse at his hands.

Winkler, 33, held hands with her attorneys and displayed no emotion as Circuit Judge Weber McCraw read the verdict aloud before a standing-room-only courtroom.

Relatives of both Mary and Matthew Winkler were stoic, except for the victim's mother, Diane Winkler, who dabbed at tears with a tissue after the verdict was read.

Outside the McNairy County courthouse where Winkler's week-long trial took place, Matthew Winkler's father, Daniel Winkler, made a brief statement thanking prosecutors and law enforcement, but refused to comment on the verdict.

"We are grateful for the privilege that was ours to be the parents of Matthew Brian Winkler," said Church of Christ Pastor Dan Winkler, with his family surrounding him. "We treasure the memory of the love he had for his family, for his Lord, for his church and for us, his parents."

Daniel Winkler and his wife, Diane, testified in the first-degree murder trial that their son, a fifth-generation Church of Christ preacher, was a beloved minister and caring father.

But Mary Winkler painted a much more sinister picture of the couple's relationship when she took the stand in her defense Wednesday.

Winkler said her husband dictated every aspect of her life, from what she ate to how she dressed, using violence and threats against her life to control her.

The jury also saw pornographic images and a white high-heeled platform shoe and black wig that Winkler said her husband made her use against her will during sex.

Winkler testified that she did not remember pulling the trigger of her husband's 12-gauge shotgun, shortly after he allegedly tried to quiet their crying daughter by "suffocating" her.

A defense psychologist testified that the cycle of abuse exacerbated Winkler's pre-existing condition of post-traumatic stress disorder. Dr. Lynne Zager said that Winkler's condition rendered her unable to form the intent to commit a crime.

With its verdict, the jury indicated that they believed Winkler lacked the criminal intent necessary for a murder conviction.

Outside the courthouse, Winkler's lawyers, who took on her case pro-bono, expressed guarded enthusiasm over the verdict.

"The result today, from our point of view as lawyers, is not bad at all," Winkler's Memphis-based attorney, Leslie Ballin, told reporters.

"It's like the difference between getting hit in the head with a bowling ball and a tennis ball," Mississippi-based defense lawyer Steve Farese said of the verdict. "I'll take the tennis ball."

McNairy County prosecutors said the family finances were in "shambles" as a result of Winkler's mismanagement, which included a check-kiting scheme and fraudulent check-cashing.

Prosecutors noted that the morning she shot her husband, the couple was supposed to meet with bank officials over a negative $5000 balance in her account.

Winkler's sentencing has been tentatively set for May 18. She remains free on $750,000 bond.



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