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News / Clark County News

Woman who shot husband gets 20 years

Judge denies Martin's plea for leniency; says attempted murder was deliberate, planned

By Laura McVicker
Published: November 24, 2010, 12:00am

Despite painting herself as a victim of an abusive marriage not deserving of a harsh sentence, Sheryl J. Martin was given 20 years in prison Tuesday for shooting her husband in 2007 after finding out he’d been having an affair.

The former Ridgefield woman tearfully stood before Clark County Superior Court Judge Barbara Johnson, pleading for an exceptionally lower sentence of 10 years because she said she has never been involved in crime, is remorseful and was driven to violence by her husband’s neglect and emotional abuse.

“I feel remorseful as to the actions my body did that night,” the 54-year-old said, dabbing her eyes with a tissue. “I know in my heart I am not capable of doing such a horrible thing.”

But you did, Judge Johnson told Martin in handing down her sentence, the low point of the sentencing range of 20 and 25 years.

Martin’s actions were deliberate and took planning, Johnson said, when she shot her husband twice, took a break to reload and then shot him twice more.

“This could have very easily been a murder,” the judge said. “In fact, Mr. Martin testified that he thought he was dying.”

While Senior Deputy Prosecutor John Fairgrieve had requested a punishment of 23 years in prison because of the seriousness of the shooting, Johnson went with a lesser sentence, taking into account the case was “unusual in that is was so out of character” for Martin.

Her defense attorney had stressed to the jury at trial that his client was not the typical criminal defendant, but rather was an upper middle class mother known for keeping an immaculately clean and well-decorated home.

“I would have to agree in many ways that this case has stood out,” Johnson said. “But in many ways it’s a classic domestic violence case.”

Martin was convicted Oct. 25 by a panel of 10 women and two men of first-degree attempted murder and first-degree assault. The attempted murder charge came with a five-year firearm enhancement. Martin was not sentenced for the assault charge; prosecutors said it was filed in case of appeal.

Which is exactly what Martin plans on doing, her defense attorney David McDonald told the judge. McDonald requested a prison bond, as his client plans to appeal the conviction.

Johnson denied the bond, citing the seriousness of the case.

At trial, jurors heard that Martin shot her husband of 30 years, Eddie Martin, after seeing him send text messages to his lover the night of Sept. 8, 2007. After confronting him, he confessed to having an affair and said he wanted a divorce.

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Later, when he was sleeping in a camper on the couple’s Ridgefield property, she came inside with a double-barrelled shotgun, shooting him twice in the leg. She left and then returned, shooting him in the arm. In between shots, Eddie Martin said his wife yelled, “If I can’t have you, nobody can.” Sheriff’s deputies responded after Sheryl Martin called 911.

Eddie Martin, who has recovered despite loss of mobility in his elbow, wasn’t present for sentencing.

Sheryl Martin’s family was present, including her mother, Bev Miller, who wanted to make it clear to the judge that on that night “that wasn’t Sheryl.”

“But through this, Sheryl has discovered her real self,” Miller said, noting how her daughter feels strong and independent since her divorce from her husband.

McDonald noted seeing the same changes in his client. When he first met Martin, she was on suicide watch, he said, but has now “found herself.” There’s a disconnect between the details of the shooting and who he believes his client is.

“There are certain cases in a defense attorney’s life that stand out above the rest,” he said. “This has been one of those cases in my career.”

Laura McVicker: 360-735-4516 or laura.mcvicker@columbian.com.

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