By MYRA THRIFT

Staff Writer

Waycross Journal-Herald



WAYCROSS — Betty Jacobs was found guilty Tuesday of murdering her ex-husband, Dr. Davis Jacobs, and was sentenced to life in prison.

A jury made up of Tift County residents deliberated for nearly five hours before returning the guilty verdict just minutes before 3 p.m.

Chief Superior Court Judge Dwayne Gillis immediately sentenced Jacobs to life in prison on the malice murder conviction.

She was also found guilty of possession of a firearm during the commission of a crime and was sentenced to five years in prison on that charge, the two terms to be served consecutively.

The 68-year-old Jacobs showed no signs of emotion whatsoever as the guilty verdict was read by Ware County Clerk of Court Melba Fiveash. Her attorney immediately called for a poll of the jury.

Gillis asked each juror personally if he or she had reached the verdict in the jury room and if they stood by their decision. Each one answered “yes sir.”

The eight-woman, four-man jury began deliberating at 9 a.m. Tuesday after having a three-day Memorial Day weekend break. Gillis called for a lunch recess at noon and the jurors returned to the jury room at 1 p.m.

The jury was made up of Tift citizens because the Ware County jury pool was declared tainted by publicity about the case. The jurors were bused back and forth from Tifton, about 70 miles west of Waycross, daily for testimony during the five-day trial and the single day of deliberations.

Jacobs had been indicted by a Ware County grand jury on charges of malice murder, felony murder and possession of a firearm during the commission of a felony. She was accused of fatally shooting her ex-husband in the chest at his Lister Street eye clinic Aug. 24, 2007.

As the court was preparing to hear the verdict, Jacobs entered the courtroom with her hands clasped together at her waist. Surrounded by her defense team of John Thigpen, Andy Spivey and Howard Slocumb, Jacobs sat completely still as the verdict was read and jurors were polled, staring almost as though her eyes were fixed on a charmed object.

At 2:50 p.m., Gillis called for the jury to be brought in. Just as the four alternate jurors were about to be seated, he stopped them and asked the bailiffs to take the jury back out. He turned to the audience in the courtroom and gave instructions on decorum.

“This case has been an emotional event for many,” Gillis said. “And there has been a great deal of public interest. When the jury delivers the verdict, I am asking you to retrain from any emotional outbursts. I will not allow clapping, shouts of joy or cries of anguish.”

He asked everyone present to respect the proceedings and to have respect for the verdict and the jury.

“I want you to respect the dignity of the proceedings and the courtroom and contain any emotions you may have,” Gillis said. “If you cannot, then please leave the courtroom now. If you stay, I am assuming you agree to this.”

Seeing that no one was leaving the courtroom, Gillis instructed the bailiffs to bring the jury back in.

After the verdict was announced, the jury was instructed to return to the jury room. Gillis excused himself for five minutes to release the jury before handing down his sentence. The jurors returned to the courtroom and took seats among the audience.

Before passing sentence, Gillis asked the prosecution and defense teams if they wanted to make any recommendations.

District Attorney Rick Currie told the judge that the punishment for murder is life in prison and that he would be satisfied with that.

Thigpen agreed and said his choices were “pretty much limited.” Thigpen did ask the judge to probate the sentence for the weapon possession charge.

“She’s 68 years old and the minimum for life is 33 years. I would ask that you probate that five-year sentence,” Thigpen said. “An appeal will be filed.”

Currie noted that Jacobs could file an appeal.

“I can assure Mr. Currie that her lawyer is very familiar with the appeals process,” Thigpen said.

After signing a petition for appeal, Jacobs left the courtroom in the custody of Ware County deputies, to be taken back to the Ware County jail.

A large number of members of the Jacobs family from Brantley and Ware counties was present for the announcement of the verdict as they had been all week during the trial. Dr. Jacobs was a native of Brantley County, a graduate of Hoboken High School and had a large family base in Brantley County. Some of his relatives testified during the trial.

One of the family members was heard to say as she left the courtroom, “Maybe now I can get a good night’s sleep. Justice has been served.”