Patterico's Pontifications

4/3/2010

Taking a Life

Filed under: Crime — DRJ @ 6:03 pm



[Guest post by DRJ]

Last May, 52-year-old Katherine “Kim” Yarbrough killed her 62-year-old husband Lloyd as he lay bedridden with encephalitis, a condition he had suffered from for over 2 years. She also tried to take her own life:

”Katherine Yarbrough, 52, was charged with murder Thursday, accused of injecting her husband, 62-year-old Lloyd Yarbrough, with an overdose of prescription pills through his feeding tube, according to an arrest affidavit. She faces up to life in prison if convicted.

Although investigators initially believed that Lloyd Yarbrough’s death was from natural causes and that Katherine Yarbrough tried to kill herself afterward out of grief, Katherine Yarbrough made comments to investigators that made them think a crime had been committed, the affidavit said.”

She told police she was tired of taking care of Lloyd and knew he didn’t want to die:

”During a search of the home, officers found a note left to the couple’s son signed “Kim” — Katherine Yarbrough’s nickname, the affidavit said. In it, she apologizes to her son and says that “this is best in the long run” and that she hopes he can forgive her, the affidavit said.

A glass was found in Lloyd Yarbrough’s room with a white, powdery residue that appeared to have come from crushed pills, the affidavit said. In addition, a syringe similar to the one used to inject nutrients into Lloyd Yarbrough’s feeding tube was found in the trash with the same residue, the document said.

Detectives then interviewed Katherine Yarbrough at the hospital, where she admitted causing her husband’s death by injecting his feeding tube with an assortment of prescription pills mixed with water, the affidavit said.

When detectives asked her if her husband wanted to die, she said no.”

Lloyd’s obituary describes him as a woodworker by trade, and a woodworking artist and author of comic strips. He was a Vietnam vet, devoted father, outdoor lover, and story-teller. There was evidence Katherine had become overwhelmed with caring for Lloyd and despondent at losing the vibrant person he had been:

”After Lloyd Yarbrough’s death, Kim Yarbrough’s friends and her blog entries depicted a woman who was overwhelmed with depression from caring for her husband, who had encephalitis.

He could not walk, talk, swallow or perform basic functions.
She blogged about her frustrations with outside caregivers and a lack of a support system.

“I wonder if I will ever change Lloyd’s diaper without feeling the pain of what has been lost,” she blogged four days before his death. Two days before his death, she wrote, “Why should I keep living through all this?”

The murder charge came after Kim told police at the hospital that she killed her husband “because she was tired of taking care of him.”

Ten months later, the Travis County DA and Katherine have agreed to a guilty plea that, if the Judge approves, will drop the murder charge and sentence her to 10 years probation for intentional injury to a disabled person:

”Katherine “Kim” Yarbrough, 53, pleaded guilty to injury to a disabled individual, a first-degree felony punishable by up to life in prison.

Under the deal, prosecutors dismissed a charge of murder and will recommend a sentence of 10 years’ probation and 400 hours of community service at her April 23 sentencing, said Assistant District Attorney Amy Meredith. *** One of the conditions of probation, Meredith said, is that Yarbrough continue seeing her private therapist.”

I have no doubt that Katherine was depressed and couldn’t see another solution. I feel sympathy for her and understand why she did what she did. But would it have made a difference if the person she killed had been her 12-year-old child instead of her 62-year-old husband?

— DRJ

39 Responses to “Taking a Life”

  1. “But would it have made a difference if the person she killed had been her 12-year-old child instead of her 62-year-old husband?”

    Or the mother of a newborn who throws her baby in a dumpster and let’s it die from starvation or exposure?
    Or the husband of wife suffering from encephalitis?
    In the first two situations, probation seems to be the norm. And, it’s crazy.

    Ira (28a423)

  2. Hopefully, she now knows to keep her mouth shut. If it were a 12 year old child with an irreversible condition that left them in such a state, I would leave the judgement to God. I’m not saying if I’m a believer but this is a matter of conscience. The problem is consent. I have helped patients end their lives. I don’t have a problem with it. I didn’t have anything to gain, like the husband of that girl in Florida that created such a fuss.

    Mike K (2cf494)

  3. I think that there is a difference. Imagine if someone kills a 106 year old person with 1 minute to live and a 1 minute old newborn. Which is worse?

    BeachBumBill (6eefb0)

  4. Damn, this habit of letting women get away with murder is a travesty of justice. Never mind the twelve year old child – imagine the perp here is a man.

    Subotai (d3abd9)

  5. If the husband wanted to die and had made those wishes known to his wife, that would be different. On the other hand, I’m not going to judge anyone in that situation, there but for the grace of God go I. My best friend has two severely autistic children, but if he found himself suddenly alone without his wife and the help of two part – time caregivers, who knows where his mental state would be right now. I vote on the side of mercy here.

    Dmac (21311c)

  6. Whenever I hear of murder-suicides I always say the perp should have gone directly to step 2. This is a tough one though. My wife knows that if I am helpless to just let me go. The lady in this case may have been too honest for her own good. I also have a DNR order if I have a medical emergency before 9:00 AM, I hate mornings…

    gazzer (87d7c3)

  7. I’m torn on this, but that always makes the most interesting discussions. I think we first have to accept that Katherine wasn’t carrying out Lloyd’s wishes. Either they never discussed this situation or he affirmatively did not want to die, even in this situation. We don’t know which is true but we know he didn’t want to die.

    Thus, if the focus is Katherine’s desperation, then it shouldn’t matter who she killed — husband, child, friend; old, young, unborn. And if Katherine’s desperation isn’t the focus, then why is it acceptable to kill someone who doesn’t want to die — no matter how much sympathy we have for Katherine?

    DRJ (daa62a)

  8. Exactly, DRJ. The focus should NOT be on Katherine’s desperation. Heck, 90% of those behind bars were “desperate” one way or another. From http://www.dictionary.com:

    des·per·a·do   [des-puh-rah-doh, -rey-] Show IPA
    –noun,plural-does, -dos.
    a bold, reckless criminal or outlaw, esp. in the early days of the American West.
    Use desperado in a Sentence
    Origin:
    1600–10; prob. pseudo-Sp alter. of desperate (as n., now obs.), in same sense

    Ira (28a423)

  9. Taking the life of someone against their will is not allowed. Beyond that you are trying to be the arbiter of whose life is meaningful or not. That is an impossible task.

    She didn’t harm a disabled person, she killed a disabled person against his wishes. I am all for taking into consideration the specifics of her situation, but I hate to see the precedent that you can kill a family member because “you are tired of taking care of them” and get only probation and community service.

    What was the overall context that she felt her only choice was to care for him or kill him? Were there financial consequences for her of his going to a nursing home that she did not want to bear?

    MD in Philly (59a3ad)

  10. I stand corrected. In this situation, absent his consent, she should not have done it.

    gazzer (87d7c3)

  11. DRJ – after looking at the May 29, 2009 report, it seems that the wife did actually try to commit suicide … so she didn’t kill her husband to try to save herself money …

    I, too, hope that none of us ever finds ourselves in the wife’s situation … or the husband’s …

    A number of comments say she did it “against his wishes” – I have to wonder how strongly her husband wished to stay alive in his condition ? I have to wonder how ready her husband may well have been to be released from it, given what it has to have been putting his wife through …

    I’m with DRJ, though – torn as to how I believe it *should* have gone down …

    Alasdair (205079)

  12. #6 gazzer:

    I also have a DNR order if I have a medical emergency before 9:00 AM, I hate mornings…

    There is a reason that civilization did not begin before noon.

    As for Mrs. Yarbrough, she committed homicide. There may be extenuating circumstances in her distress, but if she is the only witness to her husband’s desires, I am not sure how reliable a witness she could be considered~making his wishes entirely irrelevant in considering her homicide.

    EW1(SG) (edc268)

  13. Alasdair,

    I agree she was desperate, and I acknowledged in the first paragraph that she tried to take her own life. I don’t think it was a sham and, by the way, I suspect she made the incriminating statements when she was impaired from the medicines she took.

    However, this brings us back to whether Katherine’s desperation is the issue. Does desperation excuse murder?

    DRJ (daa62a)

  14. In my many years as a law enforcement officer, I actually only saw one-ONE- case of an attempted suicide that really meant to actually kill themself and failed. And it was evident that he really, REALLY was serious about doing so. While leaning forward to reach the trigger on the shotgun, it shifted slightly and blew the front of his face completely off. You could see damn near to his stomach down his throat while he was laying flat on the ER table. The other people that were serious about suicide were all successful.

    However, I did deal with a lot of supposed attempted suicide’s also. They always used some method that was not immediately fatal, and always managed to call someone and let them know that they were gonna off themselves so that help would be on the way. Some of these actually did die, but had know real intention of doing so. (It is usually a cry of help from depression) One woman that actually died accidentally, had a habit of attempted suicide in order to gain sympathy, she had even confessed it to several people. I felt very sorry for this poor lonely woman.

    People that want to commit suicide, don’t attempt it, they do it. NO ifs, ands, or buts, period.

    I even worked one suicide that first appeared to be a homicide. He was found in a field slumped next to his car. Blood trails around the vehicle and had been shot 4 times in the chest. The first 3 that he inflicted on himself missed every vital organ. His aim improved with the 4th shot and went straight thru his heart.

    How did we know it was not murder? No other footprints but his around the body or vehicle, and he had powder traces on both hands. Plus suicide note taped inside his car to the window. But, see, he was serious about it and didn’t attempt suicide, he committed suicide.

    All this above to just say that I am damned skeptical when I hear about someone committing murder, and then just attempting suicide.

    peedoffamerican (3ab0c7)

  15. FWIW, the reason I’m torn on this case is it sounds like Katherine was so desperate and distraught that she could be considered mentally incompetent. I doubt this fits neatly in the law regarding competence, so maybe the plea bargain is a way of trying to reach the same result — especially since one of the conditions of the plea bargain is continued counseling and therapy.

    DRJ (daa62a)

  16. Good points, but it is also true that men are more likely to use a firearm or hanging. Does that mean that men are generally more serious about committing suicide than women? I don’t know.

    Anyway, the murder then fake-suicide is an angle I wouldn’t have thought of.

    MD in Philly (59a3ad)

  17. The continued counseling and therapy is really just CYA. It is standard in cases of attempted suicide.

    I remain highly skeptical. How many cased do you hear of an unsuccessful attempted murder and then followed by a successful suicide? NOT MANY IF ANY!

    peedoffamerican (3ab0c7)

  18. It really just amazes(?) me that these creatures can be so successful at killing someone else, and then become totally inept when they then just attempt suicide.

    peedoffamerican (3ab0c7)

  19. peedoffamerican,

    I’ve heard that said by police officers I know and I agree we can’t tell for sure from reading the online versions, although I wonder if that wasn’t the reason the officers followed her to the hospital and/or interrogated her (if they did).

    DRJ (daa62a)

  20. If she had intended to kill her husband and fake an attempted suicide, she certainly thought it out very thoroughly, which makes her seem more diabolical than overwhelmed with the stress and frustration with her plight. I’m referring specifically to her having written a note to her son asking his forgiveness. This would sure speak to it all being premeditated.

    Dana (1e5ad4)

  21. “When detectives asked her if her husband wanted to die, she said no.”

    Seems to me that it would have been much better for her to get a divorce, or get him institutionalized.

    She killed him not for his sake, but for hers: “because she was tired of taking care of him.”

    Letting her off without any jail time seems grossly wrong, IMO. Obviously, she was in an extremely difficult position, but that is not an excuse for cold-blooded murder.

    Andrew (00f647)

  22. I think that’s true in theory, Andrew, but if you really love someone who is profoundly disabled, institutionalizing them can often seem like a fate worse than death.

    DRJ (daa62a)

  23. Too bad that she wasn’t like the Aggie murder suicide. Aggie walks in house and finds wife in bed with neighbor. Aggie runs to dresser and gets his pistol which he then points to his temple. Wife starts laughing. Aggie says don’t laugh witch, you’re next!

    See her problem would have ended without successfully murdering someone and then unsuccessfully attempting suicide.

    I’m referring specifically to her having written a note to her son asking his forgiveness. One question Dana.

    Why would she need her son’s forgiveness if she was as successful at suicide as she was at murder? She would be dead and no forgiveness needed except from GOD. And I don’t remember reading that the son’s name was Jesus.

    peedoffamerican (3ab0c7)

  24. DRJ, the guy was “bedridden” not “vegetative.” We have to assume that he was conscious and coherent. And there is not the slightest indication from the news report that he preferred death to institutionalization — just the opposite.

    Andrew (00f647)

  25. Been in the position myself DRJ with my father before he died in March of 1990. Taking care of a loved one or having to institutionalize them is a hard decision and does place a giga-load of stress on the caretaker. Never once thought of killing him though.

    Did come close to smoking on my own service revolver though. Close thing til my sister came back to Texas from Georgia and helped out.

    peedoffamerican (3ab0c7)

  26. peedoffamerican,

    I would assume one of two things by her note of forgiveness:

    1) whether or not she was faking her own suicide attempt, she wanted her son’s forgiveness for murdering his father,

    or

    2) if she didn’t plan on failing in her suicide attempt, but actually succeeding, she would want his forgiveness for taking both his parent’s lives.

    Of course not knowing her religious affiliations and beliefs, God may not have been a concern on her part.

    Question: Why was her support system lacking so much that she felt driven to this point? Her husband had an I.V. for meds and was seriously incapacitated, so wouldn’t there be visiting health care givers? Also, as he was a vet, it seems likely there would be some system of at-home care provided and/or resources available from the VA to help her cope with the care taking.

    I’ve seen up-close family members who have been in similar situations and while it took work to go through the hoops, we found a plethora of resources available.

    Dana (1e5ad4)

  27. Andrew – I’m not willing to assume he was conscious and coherent. Encephalitis that leaves someone bedridden, incontinent and unable to swallow is very severe. That degree of brain swelling probably affected mental function, too.

    peedoffamerican — I hope I would never commit suicide but, if I did, I would worry most about abandoning my children. Asking their forgiveness seems like something a distraught mother might do. However, I’m not condoning suicide. It’s selfish and an unfair burden on those left behind, especially one’s children.

    DRJ (daa62a)

  28. Dana,

    I’ve had experience with Austin health care. It’s an affluent community with lots of resources, and yet health care providers are more difficult to find there than any place I’ve seen.

    DRJ (daa62a)

  29. DRJ, I’m wondering specifically about the resources available via the VA…

    Also, I’m curious about her blog entries. Did family and friend know about it, who were the “outside care givers” mentioned and were they able to provide any help, etc. My point being, was there help and she refused it, or at whatever point she planned to kill him, did she intentionally make sure there would be no one on the premises or checking in?

    Dana (1e5ad4)

  30. Dana,

    They had some outside help because the home health agency people were the ones who found them and/or who called the police. But under most insurance or government aid, home health agencies only help part of the time. You don’t get 24/7 assistance.

    In addition, I don’t know about VA assistance or how much family knew. I think the nearest VA facilities are in the Temple/Killeen area (2 hours north of Austin) or San Antonio (1-2 hours south, depending on traffic). I don’t see how she could use that in his condition, although maybe that was the source of her home health aid. Also, the obituary states Lloyd’s only family was a brother and a son (her step-son).

    DRJ (daa62a)

  31. I just went back and re-read the links, and yes, there was at least part-time help. And apparently she had friends who read her blog and I wonder if they provided any support? While I can certainly understand one driven to such emotional exhaustion and the benefits of a support system to keep one from going over the edge, it seems unusual that she was so desperate and feeling isolated… Austin isn’t a small town, and she had friends, and some family.

    After Lloyd Yarbrough’s death, Kim Yarbrough’s friends and her blog entries depicted a woman who was overwhelmed with depression from caring for her husband, who had encephalitis.

    Dana (1e5ad4)

  32. Obviously, we don’t have all the facts, including information about his state of mind. However, he was sufficiently conscious and coherent to make it clear that he did not want to die. Generally speaking, if we want to give relatives a license to euthanize their loved ones who are otherwise headed to an institution (e.g. hospice, nursing home, or the like), then that would save us all much time, trouble and money — except that it would be an atrocity from the perspective of the victims.

    If she was going to kill herself anyway, what was the point of killing him as well, if he did not want that fate? We do not know his prognosis, but the prognosis certainly did not include death by murder.

    I am very much against assisted suicide in situations where someone else is doing what the victim could do himself. And this wasn’t even assisted suicide. It was simply murder, with some tragic and extenuating circumstances.

    Andrew (00f647)

  33. I agree with DRJ that 2 years of ongoing “encephalitis” (not exactly sure what that would be, BTW) would likely significantly impact one’s mental state.

    In my experience as a physician caring for over 100 patients in their homes, all outside services are seen as an assistance to the basic care given by the family (and friends). It would be rare for the family to feel that the outside agencies were “doing enough”, unless they had significant financial resources to pay for additional professional help on their own.

    Those families who seemed to cope the best usually had multiple family members and friends who all helped out. If there is not a lot of support, sometimes it can be because of the care-giver’s own fear of others being involved/ loss of privacy, need for control/ unreasonable standards.

    Nothing can substitute for a network of functional family members and good friends, but unfortunately that seems to be in short supply these days.

    MD in Philly (59a3ad)

  34. As someone who has known Kim & Lloyd for over 10 years…don’t believe everything you read. Consider this, you don’t know what you can do until you have to know what you can do. Information in the media is not, by and large, an accurate reflection of what actually occurred.

    lola (76b18b)

  35. This would have been a different case if her husband had wanted to die. There is respite care available for caregivers.

    JEA (ed96c5)

  36. Comment by lola

    Thank you for the reminder. I guess our discussion is based on the story as given, which may indeed be greatly different from the actual facts.

    MD in Philly (59a3ad)

  37. Frankly, based on the facts presented so far, I am shocked that anyone sees any excuse for letting this woman out on probation. (If there are other facts, at which Lola hints, maybe I wouldn’t be so shocked-or I might be more shocked.) The facts presented so far are that husband Lloyd did NOT want to die, and wife Kim murdered him anyway.

    Hey, isn’t there a rule that prohibits party A from killing party B even though party C has a gun to party A’s head and is threatening to kill A if A does not kill B?

    Also, as alluded to several times above, isn’t it interesting that in most of the murder-suicide cases we hear about, if the murderer is a man the follow-up suicide is successful while if the murderer is a woman the follow-up suicide is a failure?

    Ira (28a423)

  38. I just hope she isn’t doing her 400 hours of community service in a medical facility where she might feel overwhelmed again!

    Brett (428937)

  39. No matter how “desperate” Yarbrough was, she had an out. She could have filed for divorce. The responsibility to care for her husband would have fallen on the state, and she would have been clear of it all; or at least as clear as her conscience allowed her.

    But she didn’t make that choice. She reminds me of one of those guys who experiences failure in life, so he decides to wipe out his whole family rather than face his failures. I have no sympathy for those who kill others because “this is best”.

    Anon Y. Mous (b50e93)


Powered by WordPress.

Page loaded in: 0.0866 secs.