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October 7, 2010

Woman acquitted of murdering husband

Press staff reports CNHI

STILWELL — An Adair County jury deliberated for close to two hours Monday before acquitting a woman in the shooting death of her husband.

Prosecutors charged Marilyn Kay Fouse, Westville, with first-degree murder, alleging she shot Marlin Darrell Fouse in the back and the back of the head on Dec. 16, 2008. He died a week later from the wounds.

A trial opened last week in Adair County District Court and concluded this week. Fouse was represented by Tim Baker, who argued his client acted in self-defense and that the victim was abusive.

Relatives were called as witnesses to testify about the victim’s treatment of the family and events of the day of the shooting. Other witnesses were to testify about statements the victim made against his interest.

The victim was shot with a Ruger .22-caliber pistol. Marilyn told investigators she believed she was “about to get a beating” and attempted to retrieve her rifle from the bedroom. The victim followed her and either stumbled or tripped, and she pushed him onto the bed and shot him.

Assistant District Attorney Shannon Otteson prosecuted the case, which was presided over by District Judge Jeff Payton.

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