Man sentenced for fatally shooting daughter in 2014

MIchael Eugene Wolverton sits with his defense attorney Lyle Stohler during his sentencing in Palmer Superior Court Monday morning. He was given a 3.5 year stint in prison for the shooting of
MIchael Eugene Wolverton sits with his defense attorney Lyle Stohler during his sentencing in Palmer Superior Court Monday morning. He was given a 3.5 year stint in prison for the shooting of his daughter in October of 2014. (Chris Ford/Frontiersman)

PALMER — Michael Eugene Wolverton, 71, received a 3-and-a-half-year prison sentence for the shooting death of his 47-year old daughter in October of 2014 on Monday at Palmer District Court.

"I've given it a lot of thought," Superior Court Judge Vanessa White said in pronouncing her decision to Wolverton, a frail man who suffers from COPD (chronic obstructive pulmonary disorder) and has remained free on bail since shortly after the incident. He entered the courtroom in a wheelchair pushed by the bailiff.

During his trial earlier this year, Wolverton claimed he had feared for his well-being the night he raised a .44 and shot one bullet at Shannan Wolverton, killing her. Neither defense attorney Lyle Stohler or assistant prosecuting attorney John Cagle focused on the actual events of the shooting during their sentencing statements to White. Both Cagle and White felt the circumstances leading up to the shooting were ‘unfortunate’ and all expressed some sympathy for Wolverton.

After taking the attorneys' statements under advisement, White recessed for 15 minutes before reconvening and pronouncing sentence. She said Wolverton had options that night he pulled the revolver. During the trial, it was determined that Wolverton had put up with frequent, hours-long tirades from his daughter, whom he allowed back into his home because she apparently had nowhere else to reside.

White stated she felt Wolverton had taken his daughter in because he loved her and was "...trying to do right by his daughter so she wasn't homeless."

White said Wolverton did have options that night of the shooting, but those options would have been very difficult for his daughter.

"I do believe he was frequently barraged with these hours-long tirades," White said, adding she felt the effects of those outbursts were cumulative. She also stated short of kicking her out, his options were limited.

"His choice was not to do that,” the judge said. “I think he was trying his very best to provide for his daughter."

White said Wolverton's conduct was most likely a product of his aged and infirm state.

"His poor physical health was a factor to use deadly force on that night," White said. "I don't find that it was such a substantial factor to give it a tremendous amount of weight."

With that, White said she did have to give weight to public condemnation for the act. The judge said she felt Wolverton should have taken the tirade and not engaged in deadly force. White said there was no threat of Wolverton recidivating or any threat to public safety once he was released.

"Mr. Wolverton on that night, took a human life and did so when there were other, albeit unattractive options available to him that night," White said, adding she was trying to balance need to punish and circumstances under which the event took place.

Wolverton was originally charged with first and second degree murder in addition to the manslaughter charge. He could have faced up to 20 years prison and a maximum fine of $250,000. White did not issue a fine in her decision.

During the May trial, attorneys argued about the motive behind the killing, but none of the evidence was in dispute. Prosecutors alleged Wolverton killed his daughter in part because she had challenged and taunted him, and because he was angry about his daughter’s lifestyle.

Defense attorneys argued Wolverton shot his daughter in self-defense when an argument over a visitor to the house threatened to turn violent. He called authorities after the shooting to report it. During interviews with Alaska State Trooper investigators, he made statements appearing to contradict the self-defense explanation, resulting in the murder charge.

During the victim's statement portion of the sentencing, Wolverton's son Shawn lambasted both attorneys, the judge as well as the entire judicial system for events leading up to the present. He said he and his family had "the most horrific crime that could ever take place in these United States happen to us...the most horrific crime ever."

White had to interject informing the accused’s son that he may only ask rhetorical questions and not challenge either. Shawn Wolverton said he could forgive his father because he knew the truth. The son alleged "the system" had led up to his sister's problems as well as the shooting.

"We have no faith...because you allowed this to happen to victims...I ask help restore the faith in the justice system. Do the right thing and get this victim (his father) some help...don't throw him in a cage" Wolverton said, fighting back tears and looking at his father next to him.

The elder Wolverton's sister, Katherine Paterni, of Missoula , Montana, asked the court to place Wolverton on probation and allow him to come to Montana where family could take care of him. Prosecutors agreed that Wolverton did appear to be a victim in the shooting but still asked for a five year prison sentence. The defense asked for the same but with half of that suspended.

In addition to jail time, White ordered $2,800 in court costs and forfeiture of the firearm used in the shooting.

Contact reporter Chris Ford at 352-2270 or

chris.ford@frontiersman.com

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