On November 29, 1995, the Defendant and Beth Davenport were living together in a Lebanon residence. That evening, they had quarreled over a number of issues and Beth Davenport had expressed her concern about the ongoing abuse by the Defendant. After verbal altercations, the victim left the kitchen area where she was seated with Brown and several other individuals. The defendant became angry, followed into an adjacent bedroom and returned some time later. He then went into an adjacent room and returned with a .20 gauge shotgun, he sat down and ejected two live rounds from the shotgun. He then held the barrel of the gun at Beth’s face and said “is this shell yours?” and fired the weapon at almost point blank range. The witnesses who were present immediately sought to leave the residence and the defendant encouraged them not to tell anybody what had happened. However, he was ultimately discovered. After a jury trial in 1996, he was found guilty of Murder, plus the additional specification of using a firearm during the commission of the crime. He was sentenced to fifteen years to life plus an additional three years actual incarceration on the gun specification. Based upon the 1995 investigation, it is clear that the relationship between Rodney Brown and Ms. Davenport was abusive. Witnesses reported seeing Beth with bruises and marks on her body. Beth also kept a diary, where she outlined the life of abuse she had suffered at the hands the defendant.