A jury began deliberating Wednesday after hearing conflicting arguments from attorneys on whether the shooting death of Pam Huber a year ago was accidental or intentional.
Ken Huber, a former Highmore police chief, told investigators his gun accidentally fired and struck his wife in the head in their Highmore home on Oct. 28, 2007. She died a few days later in a hospital.
Assistant Attorney General Patricia DeVaney said there is no chance it was an accident, given Huber's expertise with firearms.
"You know in the pit of your stomach what happened here," she told the jury.
Sixteen jurors heard testimony and closing arguments. Four were dismissed as alternates, leaving seven women and five men to deliberate the state's alternate charges of murder and manslaughter against Huber.
DeVaney said Huber abused his wife, had extramarital affairs and was afraid of losing contact with his daughters if there was a divorce.
Defense attorney Mike Butler urged the jury to resist convicting Huber just because the state introduced evidence of a troubled marriage and possible abuse.
Butler said the jury should acquit Huber because it makes no sense that he would shoot his wife when she was on a bed next to one of his daughters, Stephanie. Evidence was clear throughout the trial that Huber loves his two daughters, the defense attorney said.
"You would have to think Ken Huber decided to execute Stephanie's mother right in front of her eyes, in order to return a guilty verdict," Butler said.
Another defense lawyer, Clint Sargent, said some of the state's scientific evidence raises doubt about whether the shooting could have been intentional. He said handguns like Huber's Glock .40-caliber pistol do sometimes get fired by accident.
The defense called no witnesses after the prosecution rested its case on Tuesday.
Posted in Top-stories on Tuesday, December 16, 2008 11:00 pm | Tags: 12-17-08, Ap, Fort Pierre, Highmore, Crime, State Crime, Pam Huber, Ken Huber, Shooting, Murder, Trial, Patricia Devaney
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