Judge denies relief for convicted murderer

Clark County

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December 25, 2009

Man serving 60-year sentence for shooting wife at Clarksville bar

By MATT THACKER The News and Tribune Fri Dec 25, 2009, 05:36 PM EST

A convicted murderer’s request to reduce a 60-year prison sentence was rejected this month by Clark County Circuit Court Judge Dan Moore.

Donald Stewart Wilson, 60, is serving time at the Putnamville Correctional Facility.

Wilson had requested post-conviction relief from his sentence in the murder of his wife, Judy Bowles Wilson, and the attempted murder of two others during a shooting at a Clarksville bar.

According to court records, Wilson drove to the Keg Liquor Lounge in Clarksville shortly after midnight May 27, 1994. He knew that his wife, from whom a divorce was pending, was working at the lounge that night and that she was seeing a man named Antonio Rodriguez.

Wilson reportedly was conversing with an employee at a neighboring store and said “looks like lover is here tonight.” He then walked in the store and demanded to see his wife outside.

When Rodriguez reportedly made some sudden movements, Wilson pulled out a .357 Magnum handgun and shot Rodriguez in the arm. Wilson then fired two shots at Judy, fatally striking her head.

Another patron, Jack Bierly, ran outside the bar and was followed by Wilson, who told him to stop running. Bierly pulled out a revolver and shot at Wilson five times, striking him multiple times. Wilson fired back twice but missed Bierly.

Wilson survived and was charged with murder, two counts of attempted murder and possession of a handgun without a license.

Wilson’s first trial ended in a mistrial after two detectives commented on the witness stand about Wilson declining to answer their questions. The state may not comment on a defendant exercising his or her right to remain silent. A second jury convicted Wilson.

The Court of Appeals in 1998 rejected Wilson’s claim that the second trial violated double-jeopardy laws. The court ruled that the prosecution did not intentionally try to create a mistrial, which is the only reason jeopardy would come into effect.

Wilson filed a claim for post-conviction relief in January, alleging he was denied effective assistance of trial counsel. He said his defense failed to call a more qualified witness to testify about his mental illness and failed to object to comments made by the prosecutor and judge during trial.

A hearing was held on the motion in October, and Moore reached his decision this month.

“Petitioner failed to meet his burden of proof that the result would have been different if his counsel had acted as he now suggests,” Moore wrote in his ruling.

Wilson cannot be released from prison until November 2020 at the earliest.