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Court hands down murder indictment

Husband: Attempted shooting wouldn’t have happened if troopers had detained wife

Posted: Tuesday, December 19, 2006

A Soldotna woman has been indicted on attempted murder and assault charges in the attempted shooting of an Alaska State Trooper outside of her Soldotna home on Dec. 9.

A Kenai grand jury indicted 44-year-old Annette Victorien on charges of first-degree attempted murder and four third-degree assault charges Friday.

In a letter he wrote to the Clarion last week, Victorien’s husband, Phillip Yezierski, said had troopers detained Victorien for domestic violence abuses the afternoon before the attempted shooting occurred, the situation would not have escalated beyond a domestic violence incident.

Yezierski said he left Victorien at their Soldotna home at about 5 p.m. Dec. 8 after Victorien had become drunk and physically abusive toward him. He said he then received a call from troopers on his cell phone while at a gas station and they asked if they could come talk to him.

Yezierski said he agreed and when troopers arrived he told them Victorien had struck him, but that he had not stuck her.

Troopers spokesperson, Greg Wilkinson, however, said troopers had determined Victorien and Yezierski had struck each other.

Troopers encouraged Victorien and Yezierski to resolve their issues peacefully, told them where they could seek counseling and advised the district attorney of the situation, Wilkinson said.

When asked over the phone if he had asked troopers to detain Victorien, Yezierski said he had not because he thought they would have refused.

Yezierski said troopers recommend he and Victorien not see each other that evening and that he was staying in a hotel when troopers contacted Victorien again about 10 hours later.

According to court documents, troopers responded to Victorien’s residence at 3:30 a.m. after her friend Janet McDonald called troopers and told them Victorien was threatening to shoot herself in the head with a gun.

Four troopers responded to the call and waited outside while an emergency dispatcher talked to Victorien over the phone, urging her to come to her door and talk to troopers.

In an affidavit written by trooper Larry Erickson, Erickson said that when he arrived at the scene he stood near a corner of Victorien’s residence and could see her inside. Victorien sounded very intoxicated, and would appear calm one moment and then become irate and yell angrily the next, he said.

Erickson called out to Victorien asking that she come to the door, but over the phone Victorien told dispatcher Lisa Kosto that she would not talk to troopers unless they came to her door first, he said.

A second trooper watching Victorien through a window saw her pacing in the house with a gun in her hand and at one point saw her point the gun at her head, according to Erickson’s affidavit.

About a half hour after troopers had arrived on the scene, Erickson knocked on the side of the residence and Victorien opened the front door a few inches and looked out.

Erickson said he leaned around the corner of the house so Victorien could see he was a trooper. She then closed the door, reopened it a few moments later and yelled at Erickson to get into the house.

Victorien was not holding anything in her hands and Erickson approached the doorway as he tried to calm her down.

When Erickson got to the porch in front of the door, Victorien retreated into the house, jumped over the arm of a couch, where she came to rest in a sitting position, and produced a pistol, which she aimed at Erickson.

In his affidavit Erickson said he stood about five feet from Victorien when she pulled the trigger and didn’t think he would avoid being shot because he was in the open and couldn’t move fast enough to get away.

When the hammer came down with a click, but the pistol didn’t fire, Victorien looked surprised and turned the gun over in her hands as if she were trying to understand why it had not fired, Erickson said.

Erickson retreated for cover and yelled at her to drop the gun when she came out of the house still holding it in her hand.

Instead, Victorien tried to fire the pistol in Erickson’s direction again, he said. Troopers watched as Victorien reentered the house and tried to fire the pistol at her own head. When it still failed to fire Victorien came out to try and fire at Erickson again.

Finally, after Victorien had entered and exited the house yet again, Erickson subdued her with a taser, after which troopers arrested and took her to the Wildwood Pretrial Facility.

Patrice Kohl can be reached at patrice.kohl@peninsulaclarion.com.



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