Man who killed estranged wife convicted of prior abuse

By Dave Stafford, Herald Bulletin Staff Writer

July 24, 2009 08:51 pm

— ANDERSON — A man serving 60 years in prison for killing his wife in April 2008 could spend more time in jail after a jury convicted him of abusing her more than a year before he shot her to death.
A Madison County Superior Court III jury found Michael Achenbach, 36, guilty of three charges related to a violent February 2007 encounter at Mounds Mall involving his estranged wife, Cynthia Achenbach, 24.
The jury deliberated for more than five hours into Thursday night before finding Achenbach guilty of charges less than prosecutors sought. Achenbach was convicted of criminal confinement as a class-D felony and two misdemeanor counts of domestic battery after a two-day trial.
If given the maximum sentence on those charges, he would serve an additional five years in prison.
Prosecutors had charged confinement as a class-B felony, battery by means of a deadly weapon and domestic violence. Conviction on those counts could have added up to 29 years to Achenbach’s sentence.
“It was a close case,” said defense attorney Tom Godfrey. “The facts made it a judgment call by the jury,” about the severity of the charges.
Madison County Deputy Prosecutor Kevin Eads, who tried the case before Judge Dennis Carroll, did not return messages seeking comment Friday.
According to court papers, Achenbach tried to force his estranged wife into a car while he was armed with a knife. He also was accused of grabbing her, pulling her arm and cutting her stomach with the knife.
"Throughout the incident, Cynthia said she was in fear that she was going to be killed," according to the Anderson police probable cause affidavit. "Cynthia went on to say that Michael has been suicidal in the past and she was fearful that he was going to kill her and himself."
When he was released from jail, Achenbach was ordered to sign a no-contact order. He was not permitted to have firearms.
In April 2008, Michael Achenbach shot Cynthia to death with a shotgun in front of his home at 2024 Charles St. He pleaded guilty but mentally ill, and court-ordered psychological evaluations determined Achenbach suffers from bipolar disorder, intermittent explosive disorder and a paranoid personality.
The jury that found him guilty in his estranged wife’s death imposed a sentence close to the maximum.
Carroll set sentencing on the confinement and domestic battery convictions for Aug. 24 at 1:30 p.m.
Contact Dave Stafford: 648-4250, dave.stafford@heraldbulletin.com