Man Convicted of Killing Process Server

May 12, 2009

From: DenverPost.com


A Larimer County jury Monday convicted a 46-year-old man of first-degree murder of a process server who served him divorce papers.

Jurors also convicted James Whitler of two counts of attempted first-degree murder for choking his 11- and 13-year-old children just after he beat Stephen Allen to death with a tee-ball bat May 28, 2008.

Jurors deliberated for much of Friday and all of Monday before returning their verdict.

They heard graphic testimony about Whitler attacking Allen, 57, after he showed up at Whitler's west Loveland home with the divorce papers and a restraining order.

Prosecutors argued that Whitler decided to kill Allen while he read the divorce papers before he grabbed the tee-ball bat and swung at Allen.

Defense lawyers did not deny Whitler killed Allen. But they said Whitler acted in a "heat of passion" and without deliberation.

Jurors heard testimony that Allen suffered 18 blunt-force injuries to his body, from his ankles to his head. Allen also was stabbed multiple times by Whitler, according to testimony.

Whitler's children testified their father choked them and stabbed his daughter after he attacked Allen.

Jurors also saw a video recording of Whitler the night of the killing. He said he "snapped" after getting the divorce papers and lashed out at Allen because he represented the loss of his marriage.

Whitler will be sentenced June 8.