Hot Springs woman guilty of murder

HOT SPRINGS — A woman accused in the 2019 shooting death of her wheelchairbound husband was found guilty of second-degree murder Thursday and sentenced to 20 years in prison after a four-day trial in Garland County Circuit Court.

The eight-man, four-woman jury deliberated for about four hours before finding Elizabeth D. Hageness, 59, guilty in the June 19, 2019, death of Brian Paul Hageness, 61, who was shot once in the abdomen during a confrontation at their 2216 Malvern Ave. residence and died a short time later.

Hageness was originally charged with first-degree murder and could have faced up to life in prison, but the jury opted for the lesser offense of second- degree murder, punishable by up to 30 years. She also was found guilty of a felony firearm enhancement, which adds up to an additional 15 years to her sentence, which is automatically consecutive.

After a sentencing hearing late Thursday, the jury deliberated for a little more than 30 minutes before recommending a sentence of 17 years on the murder charge and three years on the firearm enhancement charge, for a total of 20 years.

Hageness, who had been free on a $250,000 bond since June 21, 2019, pending a trial that was continued several times, was taken into custody shortly after the verdict was rendered.

“I am pleased with the verdict and sentence and appreciate the time and attention of the jury to this matter,” Garland County Prosecuting Attorney Michelle Lawrence said shortly after the sentencing hearing.

After three days of testimony in the case, jurors listened to closing arguments from both sides Thursday morning, with the jury going out to deliberate shortly after noon.

In her closing, Lawrence showed a photo of Brian Hageness to the jury.

“We’re here today because of Brian Hageness,” she said. “This man no longer exists because of the defendant in front of you. Brian has not been able to speak to you about what occurred because Ms. Hageness decided to take that right from him.”

Jonathan Huber, the attorney for Elizabeth Hageness, had argued throughout the trial that his client acted in self-defense and the shooting was justified, but Lawrence said if that was the case “we would not be here,” noting she has had several cases over the years where she decided it was self-defense and no charges were brought.

She said they filed the charge of first-degree murder because Hageness “had the purpose to cause his death” and caused her husband’s death by shooting him. She said the fact she killed him is not disputed, only her mental state at the time.

Lawrence said the confrontation began with a fight between Hageness and her son, Stephen Digiacomo, who she claims attacked and injured her. She went to her husband and “screams at him to get his gun and help her, tell [Digiacomo] he can’t treat her like that. She’s asking her disabled husband to get his firearm and threaten her son, but he says no.”

She said Elizabeth Hageness then ran back outside and her husband turned on the television “probably hoping he can just ignore her,” but she came back in and continued screaming at him. At one point, Lawrence said, Hageness turned the television so he couldn’t see it, prompting him to move from the recliner to his wheelchair, and then she claimed he came toward her in the wheelchair.

Lawrence noted the front door was still open and the back door was unlocked, but she claimed she was “cornered” so she began spraying him in the face and mouth with “a whole can of wasp killer.” When he continued moving toward her, she retrieved his gun from the recliner and shot him, Lawrence said.

“She admits he didn’t touch her, but then she shoots this man who is covered in wasp spray because she is in fear for her life and then walks out the open front door,” Lawrence said. “If it wasn’t your purpose for him to die, why would you just leave him?” Instead, she “walks, doesn’t run” to a nearby convenience store to call 911.