Domestic Violence And The Darren Mack Case

FROM OUR READERS: A LOSS OF CONTROL: The warning signs for violence

Mack case can provide us clues

By SOL GOTHARD, JAY SILVERMAN and TASHA AMADOR
SPECIAL TO THE REVIEW-JOURNAL

The Darren Mack case shocked Nevada and the nation. Could anyone have predicted that this millionaire "Father of the Year" might allegedly attempt to murder Judge Charles Weller and brutally stab his wife, Charla, to death? (Mack is awaiting trial on the charges.) The answer is yes. Both of these tragedies were predictable and preventable.

Though many have stated there was no forewarning that Mack might be a "ticking time bomb" who could allegedly commit murder, the reality is there were many warning signs that were ignored. What huge red flag was missed in the Mack case? Domestic violence. This case has made national headlines, but it has been largely overlooked in the media that this is a domestic violence case. Failure to identify domestic violence in divorce cases is a critical nationwide problem in family courts that can endanger judges, the public's safety, and the abuser's partner and children. The shooting of Judge Weller shows this failure can be deadly. In order to prevent future tragedies, including attacks on the judiciary and others, policymakers should mandate the screening and identification of the well-known warning signs of abusers who pose a high risk for homicide.

The Mack case included many common warning signs of an abuser who poses a high risk to commit murder: access to guns; controlling behavior; his wife's expressed fear that he would kill her; and separation -- all of which are significant predictors of intimate partner murder, according to a 2003 study funded by the National Institute of Justice. Domestic violence murders are not typically crimes of sudden, unanticipated violence where an abuser "just snaps," but instead are often the culmination of a predictable pattern of escalating abuse and violence.

Darren Mack was accused of domestic violence by his wife. These charges shouldn't be surprising, as Mack's controlling behavior and abusive tactics during his divorce clearly indicate his actions followed a pattern common to domestic violence perpetrators. This escalating abuse, particularly after separation, can lead to homicide.

The most dangerous period for the families of violent abusers (and others) is the time following separation. Research shows that separation is a powerful trigger for homicide among abusers, who become enraged at losing control over their partners and children. Domestic violence perpetrators can be extremely dangerous after separation/divorce, as they often increase their violence to re-establish their control and dominance. The majority of domestic violence murders occur after separation.

We are not suggesting that all separated abusers will commit murder. However, a careful assessment should be conducted to determine which individuals pose a higher risk for lethality. The Mack case clearly illustrates that a thorough investigation by trained family violence experts should be mandated whenever domestic violence allegations are raised during a divorce. These investigations must include emphatically validated protocols to assess homicide risk, specifically designed for use with domestic violence perpetrators. A legal strategist Mack hired stated that Mack displayed "no propensity" for domestic violence, because he passed psychological testing with "flying colors." However, psychological tests are ineffective in screening for domestic violence or partner homicide risk because domestic violence is not rooted in mental illness -- most abusers are not mentally ill, so they often do well on such tests, and appear normal. Identification of a pattern of controlling and coercive behavior is the most effective method of assessment for domestic violence (a profile Mack fit exactly).

As seen in the Mack case, domestic violence perpetrators can also pose a danger to judges. Abusers accustomed to firm control of their partners can become enraged that a judge is now in charge, and their loss of control of the situation can lead to attacking third parties, including judges. (Judge Weller, now recovering from multiple gunshot wounds, presided over Mack's divorce case). In June 2006, in another domestic violence/divorce case, Jeffrey Phillips was accused of making a death threat to "put a bullet" through the head of Judge Peter Hurd, who had issued a domestic violence order against Phillips.

Innocent bystanders, including children, are also at risk of homicide and can get caught in the cross-fire when the predictable warning signs of lethality in domestic violence perpetrators are ignored. John Allen Muhammad, charged in the 2002 Washington, D.C., sniper shooting case (a murder spree that left 10 people dead), had a history of domestic violence and divorce. The sniper boasted, "Your children are not safe, anywhere, anytime." Reports state that after threatening to kill his estranged wife, Muhammad traveled to Washington, D.C., to hunt her down, and unable to find her, began shooting people.

In a 2003 domestic violence case, after his wife filed for divorce, Tacoma Police Chief David Brame fulfilled numerous death threats by shooting and killing his wife in a shopping center parking lot, then killing himself. In another 2003 domestic violence murder/suicide case, William Hoffine, refusing to accept his divorce, ambushed, shot and killed his 14-year-old son in front of a grocery store as the boy jogged with his cross-country teammates.

Nevada U.S. Sen. Henry Reid has shown leadership in response to the Mack case by spearheading a federal bill to increase court security. However, much more needs to be done. To prevent future domestic violence-related tragedies, legislators should mandate the thorough investigation of domestic violence allegations in divorce cases as well as the identification of the common warning signs of violent abusers who present a higher homicide risk.

While many question how anyone could have predicted that Darren Mack might have committed murder, the answer lies in the words of Charla Mack: "He is out to get me and someday he will probably kill me." We need to start listening.

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Sol Gothard, a retired federal appeals court judge in Louisiana, is president of the Council for Family Court Reform. Tasha Amador is the group's vice president. Jay Silverman, an assistant professor at Harvard, is a psychologist and domestic violence researcher.