The Picayune Item

State News

November 25, 2010

Fulgham resentenced, gets life without parole

STARKVILLE — Kristi Fulgham, whose death sentenced was tossed in October, has been resentenced to life without parole in the May 2003 slaying of her estranged husband.

Fulgham was sentenced Tuesday by Circuit Judge Lee Howard.

District Attorney Forrest Allgood told Howard that the family of Joey Fulgham did not want a second penalty hearing to determine a sentence.

Under Mississippi law, only a jury can hand down a death sentence. That left Howard only with the option of sentencing Kristi Fulgham to life without parole.

The Supreme Court had ordered a new sentencing hearing because the trial judge erred in disallowing testimony of a social worker called during the sentencing phase of Kristi Fulgham’s trial.

The justices upheld her capital murder conviction in the shooting death Joey Fulgham at the couple’s Longview community home in 2003 in Oktibbeha County. Kristi Fulgham was convicted and sentenced to death in 2006 in Oktibbeha County.

The trial judge had agreed with prosecutors that a social worker was not qualified to draw conclusions from the report she compiled on Kristi Fulgham’s social history.

The Supreme Court said the social worker should have been allowed to testify about her opinions and observations after a court accepted her as an expert.

Prosecutors said Joey Fulgham was shot once in the head while he slept. They claim his wallet was missing and Kristi Fulgham wanted money.

Fulgham’s lawyers argued that Joey Fulgham had abused her and she suffered from post-traumatic stress syndrome.

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