The Charge:  Second Degree Murder with the Enhancement of the Use of a Firearm.

The Facts:  Here, B-movie and bit part actress, Lana Clarkson ( "Scarface," "Fast Times at Ridgemont High") was working as a part-time hostess at House of Blues in Hollywood, California, when she met music producer, Phil Spector for the first (and last) time early in the morning of February 3, 2003.  Begrudgingly, Clarkson accepted an invitation from Spector to go to his home for a drink and by 5:00 AM, was shot through the roof of her mouth, slouched in a strange position, in a chair, in the foyer of Spector’s 28 room Alhambra, California castle. 
Spector’s chauffer had driven the pair to Spector’s house, about 15 miles outside Hollywood.  The chauffer, who  was waiting outside in the limousine, said he heard a loud noise and then Spector came outside the house with his gun in his hand and said “I think I killed somebody.”  When the police came to Spector’s house in response to the 911 call made by the chauffer, Spector was reportedly belligerent, refusing to obey orders and had to be tasered.

Spector was charged with Clarkson’s murder and his first trial ended in September 2007 with a mistrial, with the jury deadlocked 10-2 for conviction.  The second trial began in October of 2008 and wrapped up with the jury’s guilty verdict on April 13, 2009.

The prosecution presented five women who testified that Spector had threatened them with guns at various times over the past several decades, dating back to the Seventies.  The defense claimed that Clarkson was depressed because her career had foundered, and found one of Spector’s many handguns on her first visit to his home, and spontaneously decided to commit suicide by shooting herself in the mouth.  The prosecutor however cited that Clarkson bought new shoes earlier that day, a highly unusual act for a suicidal woman to do. The jury deliberated more than 30 hours over nine days before they unanimously voted to convict Spector.

Spector’s sentencing is scheduled for May 29, 2009, where he faces life in state prison, with a mandatory 18 years before he could be eligible for parole.  Spector has also been sued by Clarkson’s mother and sister for wrongful death.

Spector is expected to appeal his criminal conviction, and will do so from behind bars.
Second-degree murder is the unlawful killing of a human being with malice, but without the additional elements (willfulness, premeditation, and deliberation) that would support a conviction of first-degree murder.  The use of a firearm in the commission of second degree murder is an enhancement which adds additional time to the sentence upon conviction.

The Takeaway:  Possessing a firearm is a serious responsibility.  Guns should not be displayed- unless you’re using them for hunting, self-defense or cleaning.  Brandishing a gun when impaired by alcohol, weed etc. drastically increases the likelihood of a tragic mistake occurring.  Death is final.  It can not be taken back, even if you are rich and still moderately famous.  Also, chasing fame, in Clarkson’s case, can be a dangerous game; set reasonable limits, travel with friends if and when accompanying strangers to their home. In this case, Clarkson’s thirst for fame cost Clarkson her life.