Tenth Judicial District Prosecutor Thomas Deen filed capital murder charges today against a Lake Village woman in connection with the June 18 shooting death of her husband. Deen has waived the death penalty.

Kathy Livingston, 58, is alleged to have fatally shot her husband, Bobby Livingston, also 58, then shot herself.

Deen said he will not seek the death penalty because there is not sufficient evidence of the aggravating circumstances that are required by law to seek the death penalty.

There are nine aggravating circumstances. At least one must be present to seek the death penalty in a murder case.

“One, for example, is if the murder is for financial gain and another is causing the death of two or more persons in the same episode,” Deen said.

Bobby Livingston, president of Livingston Pecan and Metal Inc., died at 6:30 p.m. on June 18 of a gunshot wound to the chest, according to a preliminary autopsy report.

Kathy Livingston has been held in a Jefferson County jail on a $1 million bond since her release from Jefferson Regional Medical Center where her first appearance hearing was held by teleconference on June 30.