Covington, LA: Defendant's attorneys say he killed wife, son while under pain medication

06:49 PM CDT on Thursday, October 15, 2009
Doug Mouton / Northshore Bureau Chief

dmouton@wwltv.com
COVINGTON, La. – Thursday evening during opening statements, James Magee's attorney admitted Magee shot and killed his wife Adrienne and his 5-year old-son Ashton.


WWL-TV

James Magee
Prosecutors are seeking the death penalty in the double murder, which happened in the Tall Timbers subdivision north of Mandeville back in April 2007.

Magee's attorney, Bill Alford, told jurors James Magee stalked his wife, followed her, rammed his car into her car until she crashed, then shot his wife and his son.

"We are not suggesting he's not guilty," Alford said. "We will not make excuses."

Alford said Magee was using a combination of pain relievers for foot pain, which led to him taking stronger drugs. Alford said, "From the time he began taking that pain medication, his life spiraled downward."

Near the end of his 15-minute opening statement, Alford told jurors, "If you can come up with a reason why this happened, you're better than me."

Alford followed an emotional 15 minute opening statement by lead prosecutor Scott Gardner.

"Adrienne Magee was a pretty, tiny preschool teacher," Gardner said, "adored by her three small children."

Sheriff Jack Strain said back in April of 2007 that at the time of her murder, Adrienne Magee had a restraining order against James Magee.


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Adrienne and Ashton Magee.
“She spent her final days hiding her children from the killer," Gardner said Thursday evening. "The last seconds of her life were filled with the terror of being killed in their presence."

Gardner described in detail how Adrienne Magee was shot in the head at point blank range by a 12 gauge shotgun, and how 5-year-old Ashton, known as Zach, was shot in the back at extremely close range, then shot again in the face.

Gardner pointed at James Magee and told jurors, "That killer is right there."

Gardner told jurors that James Magee's first words, as he talked to police on the phone the night of the shooting, were that he'd like to make a deal for insanity.

Magee is charged with two counts of first-degree murder and two counts of attempted murder for shooting at his two daughters. Gardner said before Magee could get to them, neighbors scared him away.

According to Gardner, one of the daughters told nurses at the scene, "My daddy did it. My daddy did it. He hates us."

The jury is made up of seven men and five women with four female alternates.

Testimony begins at 8:30 a.m. Friday.