Six years to life in Old's death
John
August Funkhouser, 62, will spend a minimum of
six years in prison for the 2011 shooting death
of Anna Old, 43, who was shot once in the back
of the head in the home they shared in Moravia.
If denied parole, he could remain in prison for
life.He was sentenced by Judge John Mitchell on Monday, October 22, who gave him credit for the 352 days Funkhouser has spent in jail.
In handing down the sentence, Mitchell levied for years less than the 10 years set by Idaho Code for second degree murder, saying that Funkhouser's lack of a prior criminal history as well as several letters submitted that described him as a compassionate, hard working man weighed in his favor. He gave the maximum indeterminate time allowed, he said, because of Funkhouser's demonstrated propensity for violence and because, while showing remorse for the victim and her family, seemed more concerned about himself.
He was placing trust, the judge said, in the Idaho Parole Board.
In testimony, Funkhouser said that Old suffered a terminal illness and anticipated her death, and contended that the shooting had been accidental. He described being angry at Old, who wanted him to move out, and following her from the bathroom to the living room, where she was shot, with his pistol, saying he wanted to get her attention.
He did confess to having pulled the trigger, but said the .380 pistol was damaged and didn't fire, but discharged accidentally later while he was jabbing her with the muzzle. Despite testimony to the contrary during his trial, he insisted that there was no discord between he and Anna, that they'd been intimate right up to the end. He still loved Anna, he said.
Judge Mitchell determined that neither argument was credible, nor supported by evidence.
Funkhouser called the sheriff's office at 1:45 p.m. Friday, November 4, 2011, to "report a murder."
Deputies found Old lying where she'd died, and it was obvious, they said, that she'd been dead for "some time."
One of the letters the judge referred to came in an email from John's big brother, George Funkhouser, who characterized his brother as loving, kind, honest and hard-working. He was able to attend the sentencing hearing and testify in person, he said, because of a debilitating back injury.
"The shooting of Anna Old was tragic for Anna as well as for both families," he wrote, "and John readily admits his guilt and is ready to pay the price. I have known John all his life (62 years) and I know that he would never harm or kill Anna, or for that matter anyone, on purpose.
"During this tragic event I am sure that many of John's actions were the result of alcohol and sleeping pills. He never tried to escape or alter the crime scene. His delay in calling the police was because he was befuddled by booze and pills and he had to sleep to clear his head enough in order to figure out how to deal with this tragic situation.
"His mind has never been quick to figure difficult situations out."