John Larkin : Man loses 6th appeal in wife’s shooting death

– Man loses appeal in wife’s shooting death case
– Man’s sixth appeal denied in wife’s murder trial.

Accident – Death – Obituary News : A Long Beach man, who was convicted in the tragic shooting death of his wife during a heated dispute at their home in 2012, has faced yet another setback in his legal battle. John Larkin, 59, lost his sixth appeal in just over a decade, as the Indiana Court of Appeals recently rejected his claim that his attorney’s defense during the 2019 trial was ineffective.

The case, which has spanned a lengthy procedural history, involved Larkin being found guilty of involuntary manslaughter in the death of his wife, Stacey Larkin. The incident occurred on December 11, 2012, when Stacey was shot twice in her bedroom while allegedly struggling with John over a defective gun. DNA evidence showed that Stacey had removed the gun from a bedroom safe prior to the altercation.

During the trial, Larkin argued that the gun discharged accidentally during the scuffle, claiming that Stacey had run at him and they fell, causing the first shot. He further stated that the second shot was fired as he fell on her while she grabbed his head and scratched his face. Larkin maintained that he did not knowingly shoot his wife and believed he was using deadly force to prevent serious bodily harm to himself or another person, as permitted under Indiana law.

Despite Larkin’s arguments, the court found him guilty of involuntary manslaughter, a charge that was added by the prosecutor just before closing arguments, even though the trial had primarily focused on a charge of voluntary manslaughter. The Indiana Supreme Court upheld the original guilty verdict against Larkin, including his two-year prison sentence, which he has yet to serve.

In a statement, Justice Mark Massa, writing for the Supreme Court, explained that involuntary manslaughter was factually included as a lesser offense throughout Larkin’s trial because the charging document alleged that he knowingly or intentionally killed his wife with a handgun. Massa emphasized that shooting a person can be classified as a form of battery, which is the basis for involuntary manslaughter.

Despite Larkin’s claims that he did not receive fair notice of the involuntary manslaughter charge, the court held that both voluntary and involuntary manslaughter charges were based on the same means – the use of a handgun. The high court justices rejected Larkin’s arguments, affirming the decision of the post conviction relief court and the court of appeals.

Larkin, who was released from the Indiana Department of Correction on November 1, 2022, will now have to serve his two-year prison sentence for the tragic death of his wife. This latest legal setback marks a continuation of Larkin’s prolonged legal battle in the aftermath of the 2012 shooting incident..

1. Shooting death appeal
2. Man loses appeal shooting death wife.