Fifty-three-year-old Frank Manivong, who told officers he had no other option but to shoot his wife for her continued disrespect, was sentenced Friday in Anchorage Superior Court to nine years behind bars.
Manivong was originally charged with first-degree attempted murder and first-degree assault following a March 2013 domestic disturbance, but the state dropped the attempted murder charge as part of a plea deal.
Deputy district attorney Clint Campion said he chose to drop the more serious charge in part due to Manivong's wife's desire to see her husband freed. According to court testimony, she asked the prosecutor if the charges against her husband could be dropped. His wife did not attend the sentencing, and Campion said attempts to contact her since the plea deal was formulated were unsuccessful.
Manivong has been convicted of shooting his wife in the presence of his children, then ages 4 and 6. A neighbor wrestled the rifle away from the distraught husband and father.
Superior Court Judge Jack Smith said it was very fortunate they were not hearing a murder case. Campion said if the neighbor hadn't intervened in the violent scuffle, it's likely the victim would've died.
Manivong required a Laotian interpreter to translate the parties' arguments during the hearing. The translator attended telephonically, so participants were required to speak slowly and clearly, giving chunks of argument at a time, then stop and have their words translated.
Having asked the court to impose a reduced sentence, Manivong slumped as the judge decided on the term of nine years.
"Your honor, I've always ... supported my family since we got here," he said through the interpreter. "I take responsibility for what I did. I know it's a serious crime."
Briefly switching to English, Manivong added, "My kids are still young. I want to get a job and support them. I miss them very much."
No other option
In the early morning hours of March 4, 2013, Manivong shot his wife in their apartment in the Anchorage neighborhood of Mountain View.
After Anchorage police interviewed Manivong and neighbor James Soukkaseum, here's what they found out: Manivong called his neighbor and "told him he was going to shoot his wife and he wanted Soukkaseum to watch his children because he would be going to jail," the charges say.
The neighbor went to the apartment, which was in the same building, and attempted to take the rifle away from Manivong, but at least one shot was fired. Once the rifle was out of the shooter's hands, Soukkaseum unloaded it and called 911.
During an interview with investigators at the Anchorage Police Department, Manivong said he'd not been getting along with his wife for years, and she was disrespectful. The wife reportedly yelled at him for being out all night. Manivong became "extremely angry ... and felt he had no choice but to shoot her." Both of Manivong's children saw their mother shot, the charges say.
According to the charges, Manivong told the neighbor he intended to kill his wife.
When police arrived, they found a rifle by the entryway door. Inside, they found the victim lying on her back in a bedroom. She appeared to have gunshot wounds to her right forearm and upper right chest near her neck. First responders rushed the woman to Alaska Regional Hospital.
During the sentencing, Campion said the victim told state prosecutors she still suffers from physical pain and will likely seek counseling. She also said she is struggling with taking care of two children on her own.
Unknown psychological impact
Manivong's wife asked that her husband receive a light sentence, Campion said. She was concerned about the impact prolonged incarceration would have on the family, he said.
However, Campion argued the case before the court was a serious domestic violence crime, one that involved children in the home.
"At the time, Mr. Manivong was struggling with his physical health and lack of employment prospects. He responded by abusing alcohol and potentially marijuana, which required (his wife) to be the sole caretaker and breadwinner in their home," Campion said.
The children, despite their young ages, were scared of being around Manivong at the time, he argued. They'd seen their father pull a gun during previous arguments. The 4-year-old reportedly told an investigator, "I was asleep. My dad killed my mom. I looked and I cried."
Campion argued for a sentence of 20 years with 10 years of suspended prison time, as well as five years of probation. There's a yet unknown psychological impact on the children, he said, and the victim needs to make sure she's in a safe environment if the couple reunites.
Defense attorney Chong Yim urged the judge to take his client's lack of a criminal record into account. Prior to the shooting, Manivong has only a single DUI conviction from the mid-'90s. A lengthy jail sentence would be a waste of time, Yim argued, as Manivong could use it to mend his relationship with his family.
Yim said Manivong's judgment was possibly impaired by alcohol during the assault. He said that didn't justify the man's actions but shows it was not his normal behavior.
"If he really intended to kill his wife, he would've done so," Yim said. "He was at point-blank range."