Jury selection is scheduled to begin Wednesday morning in the capital murder trial of a Lake Village woman charged with capital murder in the June 2011 shooting death of her husband.Kathy Livingston, who is alleged to have fatally shot her 58-year-old husband Bobby Livingston, will be tried in Ashley County Circuit Court.
Circuit Judge Sam Pope, earlier this year, granted a defense motion to move the trial to Ashley County because it is believed that it would be difficult to pick a jury in Chicot County.
“Given the fact that the victim’s family is very well known and well liked in Chicot County it would be difficult to pick a jury of 12 so the judge ordered the case transferred to Ashley County,” 10th Judicial District Prosecutor Thomas Deen said in a February interview.
Bobby Livingston, who was owner of Livingston Pecan and Metal, died of a gunshot wound on June 18, 2011. Kathy Livingston survived a self-inflicted gunshot wound to the chest.
Though he filed capital murder charges against Kathy Livingston, Deen said he will not seek the death penalty if she is convicted because there is not sufficient evidence of 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.