Six years to life in Old's death
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October 29, 2012 |
 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."
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