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Mother Accused of Killing Suspected Rapist In His Sleep

October 21, 1994

PARSONS, Kan. (AP) _ A mother took the law into her own hands Thursday, shooting her sleeping brother-in-law to death two weeks after he was charged with raping her 13- year-old daughter, police said.

Kim Patton, 32, was arrested at her home half an hour after the early morning shooting. She was charged with first-degree murder and was being held on $500,000 bail, said Labette County Attorney Bob Forer.

Ms. Patton is accused of going to the home of her brother-in-law, David Alan Patton, 33, and shooting him twice in the head with a .22-caliber rifle as he slept on his couch. A relative called police to report the shooting.

The woman and her husband, Danny Patton, split up after the girl said she was raped. Danny Patton, the girl’s stepfather, was in his brother’s house during the shooting but didn’t awake until police arrived, Forer said.

Forer said the alleged rape appeared to be the motive for the shooting based on what witnesses told police.

David Patton was released on bail Oct. 5 after being charged with raping the girl while she cleaned his house in this small city in the southeast corner of the state. He was awaiting an early November court appearance.

A battery charge is pending against Danny Patton for an alleged attack on his wife, Forer said. The girl and Ms. Patton’s 17-year-old son were placed in the care of relatives after the shooting, Forer said.

The shooting recalls the case of Ellie Nesler, who fatally shot a man accused of molesting her son in Northern California.

Nesler shot Daniel Mark Driver to death in April 1993 as he sat shackled during a recess in a hearing to determine whether he should stand trial for molesting four boys, including Nesler’s 7-year-old son.

Nesler, 41, was sentenced to 10 years in prison for voluntary manslaughter.

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