Self-defense claimed in killing of woman in front of 10 children

Kim Smith

Friday, April 5, 2002 | 9:17 a.m.

Three weeks after convicted armed robber Robert Carter was paroled from prison, prosecutors say, he shot his way into his former girlfriend's home and gunned her down in front of 10 children.

The question jurors will have to ask themselves next week is why, said Howard Brooks, the deputy public defender who is representing Carter.

Brooks said he intends to show that Carter, 35, killed Brenda James in self-defense.

Chief Deputy District Attorney Ed Kane plans to show evidence that Carter shot James, 29, in a jealous rage over her latest boyfriend.

If Carter is convicted of first-degree murder, he could get the death penalty. Jury selection is to begin Monday in the courtroom of District Judge Donald Mosley.

According to police reports, Carter fired his way through a plate glass window at James' home on Mount Royal Court, near Buffalo and Alta drives on Oct. 18, 1998.

Police say that once inside he continuing firing throughout the house until he reached the master bedroom, where James, her friend Sandra Kirk and 10 children under 10 years old had taken refuge.

As James struggled to load a gun and Kirk tried to usher the children into an adjoining bathroom, prosecutors allege, Carter opened fire on James, striking her in the wrist, chest and head.

Carter turned himself in to authorities at the Clark County Detention Center later that day.

Four of the children who witnessed the crime were fathered by Carter. Two were fathered by Darrell Hall, James' boyfriend at the time, and the others were Kirk's.

Because of the traumatic nature of what they saw, none of the children is expected to be called upon to testify during the trial, Kane said, although a couple of them may testify during the penalty phase if Carter is convicted.

Kane said the evidence will show that Carter was jealous of James' relationship with Hall and had threatened to kill her two weeks before her death. In fact, the gun James had that day was one Hall gave her to protect herself against Carter, the prosecutor said.

Carter also wrote James at least three threatening letters from prison, court records show.

One of the letters read "When I get out of jail, you're going to get your due. I have such evil in my heart towards you. You should blow your own brains out and save me the trouble."

Brooks acknowledges jealousy played a role in James' death, but says James and Carter picked up their romantic relationship upon his return from prison.

Carter was justified in shooting James, Brooks said.

"Brenda James had a gun and my client perceived that Brenda James was going to kill him and so he shot and killed her," Brooks said. "Self-defense will be a key issue in this case."

Kane is seeking the death penalty based on four aggravating circumstances. He alleges Carter committed the crime while on parole for robbery and trafficking in a controlled substance and during a home invasion/burglary.

Kane also alleges Carter's actions put a great number of other people at risk and that he has a prior violent crime conviction.