Posted Monday, January 31, 2011 ; 12:45 PM | View Comments | Post Comment
Updated Monday, January 31, 2011; 06:39 PM
CLARKSBURG -- A murder investigation that began on the morning of June 21 on Lower Lambert's Run in Harrison County came to a close today with the sentencing of Muriel Ann Whiteman.
More commonly known as Ann, Whiteman will serve 40 years in prison for the second-degree murder of her husband, Daniel Whiteman.
Family from both sides of the couple filled the courtroom Monday morning.
Judge Marks started the proceedings by inviting Detective Pat McCarty to recount the crime in pictures for the court.
McCarty presented a slideshow of 18 pictures that included the nightstand the gun was hidden in, the stairs where casings were found, the motorcycle that the EMS had moved to get to Dan Whiteman, and pictures of the gunshot wounds to the arm, leg, head, and back.
McCarty noted that Ann Whiteman shot down the stairs at Dan while he was facing up the stairs at her. But the fatal shot to his back was administered while against something hard, speculating that he must have been laying face down.
Judge Marks approved the pre-sentence report.
Prosecutor Kurt Hall called Dan Whiteman's brother, John Whiteman, to the stand. John said that Dan had been adopted into the Whiteman family when he was 2, right after his father was killed in 1968.
John stated that he was sorry he did not take Dan seriously when he said he needed to move out.
Danielle Carpenter, 27, was Dan's biological daughter, and was called to the stand as well. She testified about the weekend before his death, stating that she had been having him over for cookouts on weekends to celebrate his separation from gambling.
Carpenter elaborated on Dan's female friend from work, who had been staying over as well. It was this woman, she said, with whom Ann thought he was cheating on her.
She also mentioned that Ann had driven to the house and taken pictures of them from her car.
Carpenter recounted the morning of Dan's death, including the phone conversation that her father had had with Ann.
This conversation, Carpenter said, was cold and calm. Ann wanted to know when he was coming to get his stuff, and specifically said she would not be there when he came. She also asked if he loved the other woman.
Carpenter said Dan knew something was not right as he made a list of things he needed from their home of 23 years.
Both John Whiteman and Danielle Carpenter asked for the maximum sentence the state allows.
Hall added at this point that it should have been noted that Ann had been undistressed, did not administer aid as she called 911, and that it was distasteful she had no remorse for her crimes.
Next, Defense Attorney Tom Dyer called Dustin, Dan and Ann's oldest son to the Judge. Dustin had been at the house the morning of the murder.
Visibly shaken as he addressed the judge, Dustin confirmed that Dan had spent the last six months of his life sliding into a gambling problem, including taking out a loan in Dustin's name and using the money for games.
Dustin stressed, as he had to police the day of the murder, that Ann was not sitting at home with a gun waiting for Dan to come home. He told Judge Marks today that he was asked to go to another part of the house while Ann and Dan talked, and was startled to hear four gunshots.
He said his original thought was that Dan had lashed out at Ann.
Dustin choked as he recounted his mother's words: "Call 911. I shot your dad."
Dustin was embraced by members of the Whiteman family as he reentered the gallery.
Judge Marks called for a five minute recess at this time. While Ann was sitting at her table, she turned around, sobbing, searching the gallery for family members, whispering "I love you" and "I'm sorry" as she ducked behind her chair back and dabbed at tears.
Dyer secondly called Daniel Whiteman, Ann and Dan's youngest son to the stand.
Daniel stood stoically as he recounted his visits to see her in jail. He testified that she had been integral to bringing several of the inmates to Christ, and was kind and active in the ministry-behind-bars.
He requested mercy for his mother.
Next, Ann’s older brother Pat was brought before the judge. Pat is almost exactly one year older than Ann, and says they were the closest siblings.
Pat said that when he worked with city employees, as Ann did, they always were sure to say how nice Ann had been, and how strange and sad it all was.
He testified that Ann and Dan were a wonderful couple for the first 22 years of their marriage, and raised a loving and close family.
Dyer stood, and said that this would be an appropriate case to recall his last quarter century of defense work and the number of really good people who make regretful mistakes.
Dyer gave Ann’s account of what had happened that morning, and claims that Ann had a memory lapse when she went to get retrieve Dan’s gun for him from under the nightstand drawer.
Dyer said he has represented six to eight spouses charged with murder, and he had never heard a defendant say she loved her husband and kids as often as Ann did. He stressed that she did display genuine emotion for her guilt.
Ann was then allowed to address the judge from the defense table. Her first words described how surreal it was to sit there as the family took turns talking about her.
She said that she and Dan had a good marriage for 22 years, but his post-traumatic stress disorder, or PTSD, from the Gulf War was starting to catch up with him, and counseling at the VA Hospital led to treatments like anti-depressants, anti-psychotics, and mood stabilizers.
They “messed him up,” she said.
She testified that Dan said because of his Gulf War Syndrome, he didn’t remember Dustin and Daniel growing up, and she was afraid he had forgotten the good years of their marriage, too.
“Not only was Dan a basketcase, but I was a basketcase, too,” she said.
She said she never denied shooting him, but just doesn’t remember it.
“I got the gun, then I don’t remember anything until I called Rick Scott to save Dan,” she said. “If anyone could do it, I knew Rick and Darlene could have.”
Ann turned to address those who had gathered to hear her sentence. She slipped thank-yous to her sons and family, and openly apologized to Danielle and the Whiteman family, saying she’d prayed for both she and them that they’d find peace.
“God’s forgiven me, but I can’t forgive myself,” she said quietly, before she sat down.
Judge Marks opened his closing statement by pointing out that Ann Whiteman had no criminal record – not even a traffic violation. He said he’d experienced a lot of love and responsibility from the sons, Dustin and Daniel, during the entirety of the day in June, the investigation, and the proceedings, and he suggested that meant the young men had been raised in a loving family and had good parents.
But Marks said he could find no legal excuse for the murder. The problems Ann and Dan had, he said, were common marital problems, and the murder was unjustified.
In fact, he was hung up on something – the phone transcripts of Ann and the 911 calls, and went so far as to read them into the record.
He recounted Ann’s recorded statement that she should have just shut the garage door and no one would have come looking for him. He read her entries where she said she’d have a few more people to add to someone’s list, and that buying a wood chipper would have been an easier way to take care of it, or dig a hole, rather than call Rick Scott first and “hand him (her) case.”
Judge Marks sentenced Ann Whiteman to 40 years in prison, with credit for time served.
The minimum sentence for second degree murder is 10 years, so Whiteman will be eligible for parole after a decade.
Judge Marks wasn’t quick to forget the flood of good words that had been said about her, however. He allowed her to get a day-for-day credit on her sentence for good behavior, so it is possible for her to serve her 40 year sentence to 10 to 20 years.
The Whiteman family was asked to provide Dyer with the funeral costs and expenses. Whiteman will be responsible for those as well.
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