ROANOKE TIMES
Copyright (c) 1996, Roanoke Times
DATE: Tuesday, August 27, 1996 TAG: 9608270106
SECTION: VIRGINIA PAGE: C-3 EDITION: METRO
DATELINE: ALLEGAN, MICH.
SOURCE: Associated Press
A Virginia community college president on Monday was ordered to stand trial for the first-degree murder of his wife.
John Upton, 64, admitted killing his wife, Kathleen, 63, in a July 2 call to police. She was bludgeoned, stabbed and suffocated in Douglas, a lakeside village 40 miles west of Grand Rapids.
On a tape of the call, Upton said, ``In a fit of rage, I hit her several times, and then I suffocated her.''
Allegan County Assistant Prosecutor Margaret Zuzich-Bakker argued that the president of Rappahannock Community College planned his wife's death because he was upset with her behavior. He used several weapons, including a stick of wood and a towel, she said.
``The defendant had several opportunities to change his mind and decide not to kill his wife,'' she said.
Upton's attorney, Larry Willey, said his client should be charged with second-degree murder because prosecutors presented no evidence of premeditation.
District Judge Gary Stewart ruled that sufficient evidence existed to believe the slaying was premeditated.
Evidence included a 16-minute phone conversation Upton had with a 911 operator just after the slaying and results of his wife's autopsy.
Upton said on the tape that he killed his wife because ``she was demanding a great many things.''
Upton began the call in a matter-of-fact voice. By the end of the tape his speech was slurred from taking some of his wife's medication after killing her.
Dr. David Start, the forensic pathologist who conducted the autopsy, testified that the cause of death was difficult to determine because of the number of injuries. He surmised that she died from a combination of hemorrhaging, strangulation and asphyxiation.
Start said she suffered stab wounds on her hands and neck, a broken nose and blunt injuries to her head and face.
``These wounds were in a typical location that you see in regards to defensive wounds,'' he testified.
Upton looked down with his eyes closed during much of the 31/2-hour hearing. Six family members and friends attended.
``Based on what happened today, the family does not waver in its support of our father,'' said Upton's son, Stephen. ``And we look forward to the trial, where we can put forth some evidence on our behalf.''
LENGTH: Medium: 54 lines KEYWORDS: FATALITYby CNB