Former Mobile, Alabama, County Commissioner Steve Nodine, battling murder and stalking charges for two years, has made a deal with the prosecution and pleaded guilty to misdemeanor domestic violence charge and perjury, as reported by Fox 10 TV and others.
The perjury charge is a felony and the two together can send Nodine to prison for up to 12 years.
Defense attorney Pascal Bruijn, commented, "He admitted to domestic violence third, harassment of Angel Downs. And perjury where he lied on the affidavit to obtain appointed counsel."
Seeking a lessened sentence, defense attorney John Beck added, "This is a man that whose been to the federal penitentiary. He's been under public scrutiny and under public suspicion for two years, and he's paid for any of his misdeeds. We're going to ask for probation."
Angel Downs, the former Mobile County Commissioner's mistress, was found shot to death in the driveway of her Gulf Shores home in 2010.
Nodine's first trial, in 2011, ended in a hung jury.
Special prosecutor David Whetstone was appointed in the 2011 case and again in the state's murder case. However, since his appointment, he has changed his mind about finding the murder charges winnable.
Whetstone explained, "Did we have probable cause? Absolutely. Did we have proof beyond a reasonable doubt? No. And that was the basis of the plea. And I thought it was in the best interest of the state of Alabama to go ahead and settle it now…There's been a dispute between whether it was murder or criminally negligent homicide, and it was based upon harassment, or essentially a felony stalking. The law isn't clear, and so after we looked at it, we thought that the better part of valor was to take a plea of a felony and domestic violence..."
One of the points that Whetstone brought up was that some of the stalking allegations made against Nodine occurred out of Alabama. Along with that, there was no clear evidence linking Nodine to the gun that killed Downs.
Whetstone added, "Under the law of Alabama, it might not be necessary to have proven who pulled the trigger, but that's never been tested. I'm not sure what the law would be."
Beck believes that the plea arrangement vindicates his client. Beck said, "The fact of the matter is that Steven Nodine did not kill Angel Downs. He had nothing to do with Angel Downs' death. It was a suicide. It was unfortunate for a lot of people…"
Because the facts were in "desperate opposition" to each other Whetstone felt he had no choice in the plea deal, but he does have reservations. Whetstone concluded, "I think sometimes getting something resolved and getting to the end of the case is justice. Am I happy? No. This has been difficult for me. I don't think Mr. Nodine is happy; I don't the victim's family is happy."
Bruijn added, "Obviously, our client is exonerated of murder, and that's always a victory so we would consider it a victory."
If you have been the victim of domestic violence, stop the cycle before it escalates any further. Contact a family law attorney for help fight away!