Birtzer charged with first-degree murder
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By MARK GUNDERMAN mark.gunderman@lee.net
Tuesday, June 26, 2007 11:13 AM CDT
A woman arrested June 13 in the fatal shooting of her live-in boyfriend was charged today with first degree intentional homicide.
Julie A Birtzer, 49, is to make an initial appearance on the charge on Thursday. She remains free on a $200,000 cash bond posted June 15 by three town of LaFayette businessmen.
The criminal complaint was filed this morning by Assistant District Attorney Wade Newell. It alleges that Birtzer shot Ralph V. Hakes, 51, as he lay asleep or nearly asleep, on a bed at the couple’s home at 18253 57th Ave. in the town of LaFayette.
Defense attorney Steve Gibbs stated after the June 15 bond hearing that the defense will claim self-defense in the shooting.
“The facts overwhelmingly indicate that Ms. Birtzer was a long-term victim of domestic violence,” District Attorney Jon Theisen said in a statement released with the filing of the complaint.
“The facts, however, do not support a reasonable ‘self-defense’ or ‘defense of others’ claim. For these reasons, we have filed a criminal complaint alleging one count of first degree intentional homicide,” Theisen said.
According to the criminal complaint:
Birtzer called 911 at 2:18 p.m. and stated that she had shot Ralph Hakes in the chest with a 20-gauge shotgun at the residence. Birtzer stated that Hakes was “going to make me ride with him to shoot the dogs and I think he . . . was going to shoot us both and I shot him.” The complaint alleges that Birtzer later stated “I shot him. . . I had to he was going to kill the dogs and all of us.”
Hakes was found on the bed with a gunshot wound in the chest, and a large amount of blood. Coroner Kay Gerrits pronounced Hakes dead at 2:55 p.m. The shotgun was found in the residence.
Birtzer was interviewed that day and the following day by Investigators Mike Stangl and Dick Price. In those interviews Birtzer said the incident started the night before. On that evening, Birtzer was at work when Hakes “kicked the adult children out of the house shared by Birtzer and Hakes,” the complaint states.
Birtzer said when she got home Hakes was ranting and raving about selling the house and moving out.
The next day, Hakes continued to rant and rave about moving and selling the house. At one point, Hakes said they needed to get rid of the dogs, and that Birtzer would have to shoot her dog. He told Birtzer to get the shotgun and two shells.
Birtzer got the shotgun and shells, and leaned the shotgun unloaded in a corner against a bedroom wall, with the shells on the night table.
At about 2 p.m. Hakes sat on the bed and began putting his shoes on, but stopped to lay down on the bed, though he continued ranting and raving. Then Hakes stopped talking and Birtzer believed Hakes had fallen asleep.
Birtzer then tiptoed around the bed, retrieved the shotgun and quietly loaded it. She then stepped toward Hakes and shot him.
“At the time of being shot, Mr. Hakes is described by Ms. Birtzer as being in bed, laying on his back, his hands behind his head, and asleep or very near asleep,” the complaint states.
Birtzer told investigators that she shot Hakes because she believed he would have shot her or the kids.
Birtzer and Hakes were together for 27 years, though they never married. Birtzer told investigators she was a victim of physical and verbal abuse during the entire relationship.
Birtzer said Hakes last beat her about 10 years ago, but the verbal abuse was daily.
The two had three children together, with at least two staying with them. They were not at home at the time of the shooting.
Theisen acknowledged that there had been much public support for Birtzer, including the generous gesture of three LaFayette businessmen in posting Birtzer’s bail. But he said the facts support the charge.
“The charging decision of this office cannot and will not be swayed by public sentiment in support of an alleged perpetrator,” Theisen said.
That doesn’t mean that the office is insensitive to the issues of domestic violence raised by the case.
“The office has long been a champion in the fight against domestic violence. Several years ago, former District Attorney Tim Scobie established a special prosecutorial position targeting perpetrators of domestic violence,” Theisen said. “The Chippewa County District Attorney’s targeted battle against domestic violence continues today. This battle is led by Assistant District Attorney Wade Newell, who has established a regional reputation for successful analysis and aggressive prosecution of domestic cases. Aggressive prosecution includes utilizing treatment options for domestic violence offenders.”
Victims of domestic violence have other options available without resorting to violence themselves, Theisen said.
“The Chippewa area has agencies such as the Family Support Center to support and assist victims of domestic violence, sexual assault and child abuse. As a community, we must recognize the signs of domestic violence and take action to utilize our community resources, so as to avoid similar situations with such tragic events,” Theisen said.
Defense attorney Steve Gibbs said there are facts not in the criminal complaint that relate to what happened. He said people will have to wait until the trial to hear the defendant's story fully.
Click here to view the PDF file of the criminal complaint and District Attorney Jon Theisen's statement.
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