An all-female jury allegedly sympathized with Carey Birmingham, sentencing him to 10 years instead of the 20 years prosecutors wanted.
A man caught on camera fatally shooting his wife in their driveway was sentenced to 10 years in prison. Now there is anger at the jury, which was comprised of all women, about the sentence not being long enough.
Carey Birmingham, 60, was seen on video that his wife, Patricia, was recording wearing only a robe and holding a shotgun aimed at her.
Patricia can be heard telling her husband, “You really want this on video,” to which he replied, “I’ll pull it, I’m man enough to pull it.”
Moments later, Birmingham pulled the trigger, shooting Patricia three times in the face.
The murder outside Houston was captured on video. Birmingham pled guilty.
The 60-year-old says he was in a state of rage because he had learned his wife was allegedly having an affair. Her family says that is not true.
“The defense wasn’t about justification, it was about why he did what he did,” defense attorney Anthony Osso says.
Evidence was presented to the 12-member jury consisting entirely of women, which is rare. They allegedly sympathized with Birmingham, sentencing him to 10 years instead of the 20 years prosecutors wanted.
“What this says to me about the all-female jury is that they clearly heard and saw something in that video that made them feel sorry for Mr. Birmingham, whatever that may have been,” jury consultant Jo-Ellan Dimitrius tells Inside Edition.
The slain woman’s sister, Mary Dees, says the family was shocked at the jury’s decision.
“I believe that they were judging my sister, that my sister did not beg for her life and she stood strong against a man that supposedly loved her for 20 years and killed her, executed her,” Dees tells Inside Edition.
As for the affair allegation, Dees says, “He claimed it was in his head that my sister was cheating on him and they took the computers and they took the phones, and there's no proof of that ever happening.”
The couple’s 18-year-old daughter, Olivia, spoke with Inside Edition.
“The love for my dad died that day. Even if he is still alive, when I look at him he is not the same person, and of course, he took my mom,” Olivia says.
Birmingham will be eligible for parole in five years.
