A Carlsbad woman acquitted of first-degree murder in the shooting death of her school-teacher husband will be retried, prosecutors said Wednesday.
Julie Elizabeth Harper, 41, will face lesser charges on which the jury deadlocked, starting April 15 at the Vista Courthouse. A motions hearing will be held on March 23.
Judge Blaine Bowman allowed Harper’s GPS-enabled anklet to be removed — she is free on bond — but denied her request to reduce bail.
If she had been convicted of first-degree murder, she could have received up to 50 years to life in prison.
She is accused of fatally shooting Jason Harper, 39, on Aug. 7, 2012. He taught math and coached volleyball at Carlsbad High School.
On the third day of jury deliberations, Judge Blaine Bowman declared a mistrial on the lesser charges against Harper. The jury voted 9-3 for acquittal on second-degree murder and 7-5 for guilty on voluntary and involuntary manslaughter. Criminal trial verdicts must be unanimous.
Deputy District Attorney Keith Watanabe told jurors she shot her husband to death during an argument while their three young children watched cartoons downstairs, then — instead of calling for help — left the home with the children and a “getaway bag.”
Harper testified that she shot her husband in self-defense, because she was trying to stop him from sexually assaulting or otherwise harming her.
Harper, a stay-at-home mom, testified that her husband raped her at least 30 times and was verbally and physically abusive for more than a decade.
Harper, who filed for divorce five days before the killing, surrendered to police at her father’s Scripps Ranch home a day after the homicide.
— City News Service
