VOLUNTARY MANSLAUGHTER
On the eve of what would have been their 11th wedding anniversary, Mary Winkler walked from the courtroom a free woman yesterday, convicted of the lesser charge of voluntary manslaughter and released on bond pending her sentencing hearing next month for killing her husband, Matthew Winkler.
She faces three to six years in prison, and she could be eligible for parole after serving 30 percent of that time. The judge will sentence her May 18.
Winkler was reportedly on her way back to McMinnville last night, according to TV reports. Those reports indicated she would return to work at Cleaners Express next week.
?We find the defendant, Mary Winkler, guilty of voluntary manslaughter,? announced the male jury foreman of the 10-woman, two-man jury which deliberated for over eight hours Thursday afternoon and returned shortly after 5 p.m. to announce its decision.
The announcement came amid heavy security as state troopers lined the inside of the courtroom. The verdict itself came without outcry in the courtroom, although Mary?s family members shared tearful hugs after the jury was dismissed.
?It was a tumultuous marriage which ended in tragedy,? summarized defense attorney Leslie Ballin, noting the victim was also known for good qualities and not just the abuse for which he was accused.
Matthew Winkler?s father, Dan Winkler, thanked everyone involved in the case and thanked God for the privilege of having a son like Matthew and his other two sons.
?I treasure the memory of the love he had for his family and for the Lord,? Dan Winkler told the mass of reporters following the verdict.
Defense attorney Steve Farese said he felt putting Winkler on the stand the last day of the trial may have made the difference in getting a lighter verdict.
?They had to hear it from Mary,? Farese said.
Mary Winkler faced up to life in prison (parole after 51 years) had she been convicted of the top charge of first-degree murder. The next step down, second-degree murder carried 15 to 25 years (parole eligibility after serving 85 percent).
The guilty verdict on the lesser charge of voluntary manslaughter (killing with provocation) was significantly less than the two top charges and was the medium charge for which she could have been convicted. Two lessor verdicts, reckless homicide, two to four years, and criminally negligent homicide, one to two years, were the potential bottom offenses.
Winkler will return to Warren County and be under the previous conditions of her $750,000 bond pending her sentencing. She will be required to adhere to the terms of bond meaning no drinking or leaving the county without permission.
During that same time, probation officials will prepare a pre-sentence report for the judge containing background on Winkler as well as victim impact statements from the victim?s family. At the sentencing hearing, the pre-sentence report will be introduced as well as live testimony from supporters of Winkler and the family of the victim.
The felony itself will require the court to consider alternative sentences, meaning the court could decree a split sentence or full probation, or a combination of both. A split sentence means Winkler would have to serve a specific amount of time before being released on probation. Full probation means she would serve no additional jail time.
She will be credited for the nearly five months she served at McNairy County Jail before her release on bond. If she is given a flat sentence between three to six years it would be up to the state parole board to determine if she could be released early. She would be eligible for parole after serving 30 percent of her sentence.
The lesser verdict also means she can keep up her effort to win back full custody of her children, now in the temporary custody of her in-laws. Had she been convicted of a crime carrying eight or more years, she could have lost parental rights.
Her conviction of the felony also means she will forfeit her right to vote and her right to own a firearm.