An Horry County jury found a Myrtle Beach area woman guilty of murdering her ex-boyfriend on a rainy Saturday morning in 2012.
It took the jury about an hour to decide the fate of Vivian Lynn Schrader-Falls, 51, who was charged in the March 31, 2012 shooting death of Tony Hughes at his new girlfriend鈥檚 home on Bay Forge Road, which is near Claypond and Burcale roads.
Hughes was shot three times, including once in the chest, penetrating his heart and lung.
A second shot grazed his fingertips, striking him in the shoulder and neck area. The third shot was in his arm.
Schrader-Falls pleaded not guilty to the shooting, citing self-defense and that she was a victim of battered spouse syndrome. Her attorneys argued that Schrader-Falls has suffered a long history of criminal domestic violence, including during the approximately 1o months she dated Hughes.
Circuit Court Judge Steven John sentenced Hughes to 30 years in prison 鈥 the minimum sentence she could have received 鈥 after denying a motion by defense attorneys that would鈥檝e allowed her to be eligible for parole after serving one-fourth of her sentence.
Defense attorney Eric Fox argued Schrader-Falls qualified for the reduced sentence because of her history of abuse.
Judge John disagreed.
While there was evidence of abuse in Schrader-Falls鈥 prior relationships, there wasn鈥檛 enough evidence showing Hughes abused her, John said.
鈥淚 do believe there was some evidence of abuse, but I do not believe it rose to the standard of the preponderance of evidence required,鈥 he said.
Schrader-Falls will receive a little more than two years credit for time served, which John said includes her initial incarceration and time spent wearing a GPS monitoring device.
She had been free since July 15, 2012, when she posted $100,000 bond, according to court records.
The crime
Horry County police responded to Bay Forge Road at about 8:35 a.m. March 31, 2012, in reference to a shooting. According to 911 tapes, there were three witnesses who saw part or all of the crime. Two witnesses said they heard three shots while a third said he heard four shots.
All of the witnesses reported seeing Schrader-Falls holding Hughes after she shot him, crying while she caressed his hair. She then picked up the gun, got back into her vehicle and sat still until police arrived.
An arrest warrant said the suspect drove to the victim鈥檚 home. The warrant said she knocked on the front door, announced her presence and demanded to speak to the victim.
A few minutes later, witnesses heard gunshots in rapid succession. Police found Hughes lying face down in the yard, about 25 feet from the from door.
According to 911 recordings, a dispatcher at the time said police were called to the woman鈥檚 address in Arrowhead at least seven times in reference to domestic disputes.
鈥淚t looks like I鈥檝e got six previous domestics for 341 Vesta [Drive],鈥 the dispatcher said.
Lt. Robert Kegler, spokesman for county police, confirmed in 2012 to the Carolina Forest Chronicle that there were six calls at that address between July 2011 and February 2012, but no incident reports were ever generated from those calls.
鈥淚t appears that they were all verbal in nature with no assaults taking place,鈥 Kegler said in an e-mail Monday.
Schrader-Falls testified Wednesday that Hughes first contacted her on social media in late May 2011. He was distraught that his girlfriend at the time dumped him so she could party during Bike Week.
By the end of the month, they entered a relationship. Schrader-Falls said there were no problems in the relationship until about July.
In court Thursday morning, Schrader-Falls looked down and sobbed聽throughout much of the closing arguments and charge to the jury. She said he abused her on several occasions.
Fox, her defense attorney, spoke for more than an hour during his closing arguments, extolling Schrader-Falls as 鈥渃ourageous鈥 for sharing her story of past abuse at the hands of Hughes and her other ex-husbands.
鈥淭hat was absolutely the bravest thing I鈥檝e seen in my life,鈥 Fox said. 鈥淪he gave the most horrific details of a horrific life.鈥
Assistant solicitor Scott Graustein told the jury the shooting was not self-defense because Schrader-Falls deliberately chose to confront her ex-boyfriend.聽
鈥淭his was a malicious and intentional shooting,鈥 Graustein said. 鈥淚t was not in self-defense. She went looking for a fight. She shot him again and again.鈥
Abuse argument
Schrader-Falls described Hughes as a controlling and abusive man who physically abused her and used guilt to prevent her from leaving the home. Late in their relationship, he began viewing pornography, made sexual demands and ultimately cheated on her, she said.
Swiveling in her chair and looking down most of the time, Schrader-Falls, testified on one occasion, Hughes stated 鈥渟omeone would get their teeth smashed in鈥 if she didn鈥檛 fulfill his sexual fantasies.
Schrader-Falls also testified he choked her, and then gave her a hickey to cover up the marks.
鈥淚f that鈥檚 not abuse, I don鈥檛 know what is,鈥 Fox said.聽鈥淭here鈥檚 no question he choked her, grabbed her multiple times.鈥
Schrader-Falls said that she suffers from anxiety and other conditions because she was molested as a youth and physically abused by her first and second husbands.
She said her third husband died of a stroke and that she wasn鈥檛 looking for another relationship initially when she first met Tony in May of 2011.
Weeks later, however, they entered into a relationship that she believed continued until the morning of March 31, 2012, when Hughes was shot multiple times at the home of another woman.
Hughes, a Marion County resident, was staying at the woman鈥檚 home on Bay Forge Road. Prosecutors said in court Hughes considered the relationship with Schrader-Falls over in January 2012.
Schrader-Falls testified Wednesday that she drove to the home of Diane Movsky, Hughes鈥 new girlfriend, to confront him, and that she shot him.
But Schrader-Falls, a former resident of the nearby Arrowhead subdivision, said she never intended to shoot Hughes.
She said she initially intended to photograph his car there. She then said she grabbed her gun originally intending to shoot his tires out, but put the firearm inside the band of her pants and walked to the porch.
According to a police report, the woman 鈥 later identified in court as Movsky 鈥揳nswered the door. Hughes came outside from the other side of the house and confronted Schrader-Falls in the yard.
Schrader-Falls testified he walked past her, cursing. He flicked a cigarette, and then lunged at her, which she said ultimately prompted her to shoot him, she said.
鈥淭he only thing I remember happening was closing my eyes and the gun firing,鈥 she said, weeping uncontrollably at times. 鈥淚 was terrified. He was right on me.鈥
Schrader-Falls further testified that as Hughes tried to get up, she fired again.
鈥淚 just held it [the gun] towards him,鈥 she said. 鈥淚 thought he was getting up to come after me. I was praying... I was praying for God.鈥
Schrader-Falls herself testified that she was initially going to the grocery store, which would鈥檝e required her to turn right onto Burcale Road from Claypond Road. Instead, she turned left toward Bay Forge Road.
鈥淚 don鈥檛 even know, I just had a feeling,鈥 Schrader-Falls said when asked why she drove to Bay Forge Road. 鈥淚 should鈥檝e turned right.鈥
Under cross-examination, the prosecution pointed out Schrader-Falls had every opportunity to not go to the house. Graustein said she 鈥渉ad no business鈥 being at Movsky鈥檚 home.
鈥淚sn鈥檛 it true that none of this would鈥檝e happened if you didn鈥檛 go to Ms. Movsky鈥檚 house? Isn鈥檛 it true?鈥 Graustein asked.
鈥淵es,鈥 Schrader-Falls answered.
鈥淭his wouldn鈥檛 have happened if you hadn鈥檛 knocked on the door鈥︹ Graustein continued.
鈥淣o, it wouldn鈥檛,鈥 Schrader-Falls said.
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