Lawyer blames alcohol, drugs for killings

COVINGTON, La., Oct. 16 (UPI) -- A Louisiana man was under the influence of alcohol and painkillers when he killed his estranged wife and son, a defense lawyer said Thursday.

James Magee could receive a death sentence if he is convicted of capital murder. William Alford, his defense lawyer, gave an opening statement that appeared to be aimed more at sentencing, The (New Orleans) Times-Picayune reported.

Scott Gardner, assistant St. Tammany Parish district attorney, described the killings in detail. He told jurors Magee, who had been served with a restraining order the day before, rammed his wife's car with his, then shot her in the head after she hit a tree. Zach Magee, 5, was fatally shot as he tried to run away, while one daughter, Aleisha, 7, played dead and another, Ashleigh, 8, was shot in the shoulder.

Magee was willing to plead guilty to the killings but District Attorney Walter Reed was unwilling to take the death penalty off the table.

Alford said Magee was in a "downward spiral" before the killings in 2007, with a drug problem that had cost him his marriage.

If Magee is convicted of first-degree murder, jurors would then decide the penalty in a separate proceeding.