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Wife found at convenience store after being shot by husband, Burke County sheriff says

Friday, Dec. 30, 2011 5:55 PM
Last updated Saturday, Dec. 31, 2011 12:44 AM
  • Follow Crime & courts

A husband shot his wife at their Burke County home then drove her to Richmond County, where she was found at a convenience store Thursday evening, Burke County Sheriff’s Sgt. Daniel Lowe said.

Tom Willie Gibbons is accused of shooting his estranged wife, Sherita Shaye Gibbons, on Thursday night at their Burke County home.  Special
Special
Tom Willie Gibbons is accused of shooting his estranged wife, Sherita Shaye Gibbons, on Thursday night at their Burke County home.


Sherita Shaye Gibbons, 30, was found around 7:30 p.m. in the parking lot of the Circle K on Tobacco Road after her estranged husband, Tom Willie Gibbons, 38, shot her three times, Lowe said.

Tom Gibbons is in custody in Burke County after he turned himself in to Jefferson County Sheriff’s Office and was transferred.

Lowe said Gibbons shot his wife then started to drive her to a hospital in Augusta. At some point, she got out of the car and walked to the Circle K parking lot, where she passed out.

Bystanders called 911, and she was airlifted to Medical College of Georgia Hospital, where she is stable in critical condition.

It was not clear whether she had gotten out of the car on her own or was forced to get out, Lowe said.

The shooting took place in the back bedroom of their residence on the 100 block of Northview Drive in Waynesboro. Sherita Gibbons was grazed in the neck and chest and received a wound to the hip. The car and weapon are in police custody, Lowe said.

Dispatch received a call around 6:15 p.m. Thursday that they believe was Sherita Gibbons. They could hear yelling in the background.

Tom Gibbons faces multiple charges including aggravated assault and possession of a firearm during the commission of a crime, Lowe said.

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Willow Bailey
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Willow Bailey 12/30/11 - 06:21 pm
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How about attempted murder?

How about attempted murder?

augusta citizen
10021
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augusta citizen 12/30/11 - 07:20 pm
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Yes, how about attempted

Yes, how about attempted murder? Good grief, a man shoots his wife 3 times??? Then lets or puts her out of the car on the way to the hospital?

OnlyInAmerica
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OnlyInAmerica 12/30/11 - 07:28 pm
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the charge will be aggravated
Unpublished

the charge will be aggravated assault unless she dies. no attempted murder charge in Ga.

happychimer
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happychimer 12/30/11 - 08:40 pm
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This has come up before on

This has come up before on here. Unless the law has changed recently, GA has aggravated assault and not attempted murder. They mean the same.

scoopdedoop64
2488
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scoopdedoop64 12/30/11 - 11:44 pm
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The man must have had 2nd

The man must have had 2nd thoughts since he didn't continue to shoot her and he drove her into to town. Also, he must be a terrible shot to shoot her 3 times and not hit a vital organ. Hard to figure some things out.

GaStang22
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GaStang22 12/31/11 - 12:11 am
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Why Not Charge Attempted
Unpublished

Why Not Charge Attempted Murder?

Man shoots a woman during a scuffle. Man gets charged with aggravated assault, not attempted murder. Everybody says: “Kelly, why aren’t you charging him with attempted murder?” Here’s why.

In Georgia, attempted murder is one of those things that doesn’t make a lot of sense. (Remember my maxim – Law is 98% common sense, 2% whimsy). But there is a reason. “Attempt” crimes have one-half the punishment of the “full” crime. Murder is a crime that is punishable by life in prison. So what is one-half of life? The Legislature, years ago, decided that on any crime punishable by life, the punishment would be 10 years in prison. So half of life is 10 years. (I believe that this goes back to the days of early parole for violent crimes, which fortunately we don’t have anymore.)

Now back to attempted murder. Criminal attempt is when a person, with intent to commit a specific crime, performs any act which constitutes a substantial step toward the commission of that crime. Murder is when a person unlawfully and with malice aforethought, either express or implied, causes the death of another human being. So to prove attempted murder, the State would have to show the intention to cause the death of another, with express or implied malice aforethought. This is a tough burden to meet, especially when there is another charge which fits the bill.

Aggravated assault is committed when one assaults another with a deadly weapon or with any object, device, or instrument which, when used offensively against a person, is likely to or actually does result in serious bodily injury.

As we review our facts, the man shot the woman, which is a serious bodily injury. Plus, a gun is obviously a deadly weapon. So under either phrase of the statute, the man has committed aggravated assault. There is no specific intent requirement, so the State doesn’t have to prove what “his intent” was. The other benefit of aggravated assault is that it has a twenty year maximum sentence, plus it is a 90% parole rule which means that the offender will have to serve 90% of whatever sentence is imposed.

So that is why you almost never see attempted murder charged in Georgia. Aggravated assault is not as hard to prove, and it has double the sentence.

GaStang22
910
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GaStang22 12/31/11 - 12:11 am
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I found this above, maybe it
Unpublished

I found this above, maybe it will help, not 100% sure of it as I am NOT a lawyer!! lol

methree
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methree 12/31/11 - 05:32 am
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good info-thanks

good info-thanks

storiesihaveread
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storiesihaveread 12/31/11 - 08:52 am
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What in the hell is wrong

What in the hell is wrong with people these days. A babysitter kills a child and cuts her up. Seriously I think there has got to be something in the water, in the air. Things are getting out of hand...

seenitB4
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seenitB4 12/31/11 - 09:16 am
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stories ..I was thinking the

stories ..I was thinking the same thing---crazy-out of control madness....just like the death of the 7 year old north of Atlanta..if we don't get back to REAL punishment we will see more of this.

toldyaso
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toldyaso 12/31/11 - 11:39 am
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Stories and seen it, read

Stories and seen it, read mathew chapter 24.

Happy Today
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Happy Today 12/31/11 - 01:21 pm
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GaStang22 you have to either

GaStang22 you have to either be a lawyer or law student to go that deep....or noisy as I was to read all that you wrote....it was interesting and confusing at the same time.....just as the law is.......with all that information I forgot what started the convesation anyway..........I think of myself as a home made layer sometimes.....but you got some real training.....you are good whatever you are......and you didn't find that some where...go on take your credit..you deserve it.......now as for the guy that shot his wife......need justice.......shot him....now lol

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