Appeal Denied in Murder Case 04 Jan 12

The Minnesota Court of Appeals has denied the appeal of 36-year-old Andrew Lemcke and affirmed his conviction for second-degree manslaughter in the shooting death of his wife.

The West Central Tribune reports the court’s unpublished opinion was filed December 27th.

Lemcke is currently serving a 52-month sentence in the St. Cloud Correctional Facility for his March 10th, 2010, conviction for the fatal shooting of Nichole Riley-Lemcke. The 26-year-old mother of three died of a single gunshot wound to her head suffered September 12th, 2004, in their Appleton home.

Lemcke is expected to remain in prison until December 25th of this year, after which he will be on supervised release until June 5th, 2014, according to Minnesota Department of Correction records.

Lemcke based his appeal on two arguments.

He claimed that the district court erred when it instructed the jury that self-defense authorizes intentionally killing to defend your life. He argued that the jury should not have heard the instruction since he had never asserted that he intentionally killed his wife.

He also argued that the district court erred by allowing evidence during his trial that he had prison guard training. He argued that evidence of his training and membership on a tactical response team in the Prairie Correctional Facility in Appleton tended to impose a strict standard of negligence for him.

Lemcke claimed that the shooting occurred as he attempted to wrestle control of a handgun from his wife. He claimed she had been sleep walking and had come into the living room where he was sleeping and discharged the gun.

  • Jose

    haha.. “sleep walking” will win in court.

  • Anonymous

    Lemke is on the bricks in California and has failed to pay restitution.

  • Michael

    he should have left well enough alone and been happy that he didn’t get worse