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Commonwealth v. Yancy10/21/2003
us?," referring to herself, her brother, her mother, and the defendant's girl friend. The defendant replied that he was going to take them with him.
During the early morning hours of Sunday, November 6, 1994, the defendant argued with his girl friend over whether he should leave to enter a detoxification program. In the course of that argument she sustained seven blunt force injuries to the head, and a single gunshot to the head that likely caused her death instantaneously. The defendant neatly covered her body with a blanket, and placed a stuffed animal, two notes, and a black silk rose next to her. One note said, "Nobody cared about . . . Diane Mary Aleksa except for Preston J. Yancy. I will see her and reunite in heaven because we lived in hell on this earth." The other note said, "I could not live without her. If I went for help she would leave me. We fought. I hurt her and refuse to go back behind the wall. . . . She will be cremated with the rest of my family." The second note also stated, "Insurance will be handled by my mother and [cousin Donald]," and indicated that information concerning Diane's bank account was beside her body. He made an entry on a calendar in the apartment for November 6 that stated, "Me Diane and Family Died."
The defendant then went to his wife's apartment. He brought the .22 caliber rifle he had used to shoot his girl friend, and arrived shortly before 9 A.M. on November 6. His son, who was then a junior in high school, talked with the defendant, who seemed "himself." The defendant told his son that he had killed Diane Aleksa. The defendant's wife told him that he could not stay at her apartment because she did not need any trouble. He pleaded that he had nowhere to go, and asked if he should kill himself on the spot. His son had to leave for work by 9:30 A.M., and, as he walked toward the door, the defendant handed him fifty-six dollars and said, "Take this. Where I'm going I'm not going to need it." He also gave his son a bag with two envelopes containing a will and insurance papers to bring to the defendant's mother. The words "Cremation please, all 5 of us" were written on one of the envelopes. The son stopped at his grandmother's apartment on his way to work and gave her the bag.
The defendant's fourteen year old daughter was also at his wife's apartment, but was asleep when he arrived. She was awakened shortly after 9:30 A.M. by the sounds of a struggle between her parents. She walked into the hall and saw her mother trying to take a rifle from the defendant. He was saying, "No. No. I have to do it." The defendant's daughter retreated to her room, then heard a gunshot. The defendant had shot his wife twice in the chest, killing her. A few seconds later, the defendant entered his daughter's room with the rifle. His daughter begged him not to kill her. He said, "I guess you're right. Might as well just kill myself [because] I already killed Diane." He left her room and then shot himself in the chest. The defendant's daughter telephoned her grandmother and told her what happened. The grandmother telephoned the police.
Police and paramedics arrived at the apartment and found the defendant lying beside his wife. The defendant was alive, but in shock. He was given intravenous fluid and his condition began to improve. He was placed on a stretcher and taken to a hospital by ambulance. He was alert and oriented, and he responded appropriately to questions about his condition.
In the ambulance the defendant told a paramedic that there was a second victim. He asked the police officer who was accompanying them about the condition of his girl friend. The officer asked what he was talking about, because the officer knew the defendan
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