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U.S. Marshal's conviction affirmed
A Virginia Court of Appeals judge ruled this month that a jury was allowed to convict a former U.S. Marshal of using a gun in his wife's 2005 murder -- without actually convicting him of murdering her.
In an opinion released May 13, Judge LeRoy F. Millette Jr. wrote that the trial court did not err in its guidance to the jury in the trial of John William Ludwig, 54, of Ashburn. Ludwig was charged with first-degree murder for shooting and killing his wife, Karen Marie Ludwig, in July 2005.
During the trial, the jury asked if they could find Ludwig guilty of using a firearm in the commission of murder without finding him guilty of first- or second-degree murder. Loudoun County Circuit Court Judge James H. Chamblin answered that the verdict could be inconsistent. The jury opted to do just that, finding him guilty of voluntary manslaughter and the firearm charge.
In November 2006, Chamblin sentenced Ludwig to six and a half years in prison, the same sentence recommended by the jury. Three years of the sentence are for the firearm charge, while the remaining three and a half years are for the manslaughter charge.
Shortly after the sentence, Ludwig appealed the verdict, arguing that Chamblin's answer to the jury's question directly led to the inconsistent verdict.
In March, Ludwig's attorney Alex Levay argued Ludwig's position to the Court of Appeals.
In its opinion, the appellate court emphasized that the jury originally was instructed to find Ludwig guilty of the firearms charge if they were convinced that he used “a firearm while committing or attempting to commit murder.”
The appellate court found that even though Ludwig was not found guilty of first- or second-degree murder, he could be found guilty of using a firearm while attempting to commit murder. It cited two other court cases that rule inconsistent verdicts to be admissible.
The appellate court also said in its opinion that since formal jury instructions are given before closing arguments in Virginia, Levay should have addressed the possibility of an inconsistent verdict in his closing argument to try and prevent the jury from needing to ask the question.
In July, Ludwig will have served three years of the six-and-a-half-year sentence. He will be released in early 2012.
Contact the reporter at jwagoner@timespapers.com
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