HERMANN — A jury of seven men and five women Thursday afternoon convicted Christine Elizabeth Weber, 55, of involuntary manslaughter in the 2020 shooting death of her abusive boyfriend.

In convicting the Hermann woman of the lowest form of homicide possible, the jury rejected the Missouri Attorney General’s Office’s claim that Weber deserved a first-degree murder conviction because she refused multiple opportunities to leave the abusive relationship and decided on Dec. 15, 2020, to end the abuse by shooting Al Falco in the back with a 9-millimeter handgun.

The guilty verdicts for involuntary manslaughter and armed criminal action and the recommended sentences for each means that Weber went from facing life in prison to serving possibly only a few years, given credit for time served while in Gasconade County custody and time off for good behavior while in prison. By the time of Weber’s formal sentencing, which is set for Friday, Nov. 8, she will have been in jail almost four years.

With 20th Circuit Presiding Judge Craig E. Hellmann on the bench during the four-day trial, the jurors went into the jury room at 10:50 a.m. and returned with their verdict at 3:05 p.m., after halting deliberations for an hour lunch break.

The jury found Weber guilty of the lowest level of homicide possible. She was facing a first-degree murder charge, but the jurors were given extensive instructions for three lesser crimes if they so chose to convict — second-degree murder, voluntary manslaughter and involuntary manslaughter.

Involuntary manslaughter carries a sentence of 3-10 years. The jury recommends 10 years. The conviction for armed criminal action carries a sentence of 3-15 years. The jury recommends five. The judge will have final say over the sentences and will decide whether the terms run concurrently or consecutively.

The jury’s action was disappointing to the prosecution, which focused its efforts on showing that Weber had ample opportunity to get out of the abusive relationship with Falco.

“We made our arguments,” Assistant Attorney General Greg Goodwin told the Gasconade County Republican. “We respect the decision of the jury,” he added.

Goodwin was joined by Assistant Attorney General Michael Schaefer in prosecuting the case. Gasconade County Prosecuting Attorney Mary E. Weston, who attended each day’s proceedings seated at a conference table away from the prosecution table located in front of the bench, had requested the Missouri Attorney General’s Office handle the case.

The arguments made by Goodwin and Schaefer was that the first-degree murder charge was justified for two primary reasons: Weber had several opportunities over several years to escape the abusive relationship and chose not to; and she shot Falco — reportedly retrieving laundry from a lighted utility room in Weber’s apartment — in the back while standing in the darkened kitchen.

The state’s opening witness, Hermann Police Chief Marlon Walker, laid the groundwork for the claim that Weber could have left the abusive relationship, at least for a little while. He reported that police responded to the couple’s shared residence in the 900 block of Goethe Street three times on the day of the shooting. In the second response, Walker said he explained that Weber could leave the residence for a cooling-off period, mentioning spending the night at a local motel or a shelter for domestic violence victims. He said she declined his multiple offers.

In the third trip that day to the residence — prompted by a call of a shot being fired —where he found Weber “hysterical,” Walker discovered Falco lying in the utility room floor on his back. “He was moving around, having difficulty breathing,” he said.

Falco would be transported to the hospital where he would be pronounced dead shortly before Walker could arrive to talk with him.

Countering Weber’s claim that she essentially was trapped in the relationship, too afraid to leave, Goodwin asked Walker how she would have gone to a safe place. “I would have taken her,” the police chief said.

Goodwin further bolstered the state’s case by calling Gasconade County Sheriff’s Department Det. Lynde Mantles, who was with the Hermann Police Department at that time. Mantels responded to a domestic violence call at the residence in November of 2018 — almost two years before the shooting. Upon seeing Weber showing signs of an apparent domestic violence incident, Mantels said he explained the state’s so-called “12-hour rule” that enables a victim to leave an abusive situation for a while. He said the offer of assistance in leaving the situation was rejected by Weber.

And finally, upon cross-examination of defense witness Lori Abbott of Hermann, Goodwin established that Weber would not have needed to travel far to get away from the abusive relationship. Abbott worked with Weber and lives three blocks from Weber’s apartment.

“Christine had been to your house, yes?” asked Goodwin.

“Yes,” Abbott said.

“Christine knew you have an extra bedroom?” he asked.

“I don’t know if she knew or not,” Abbott replied.

Defense attorney Matthew Mueller relied heavily on the expert testimony of two psychologists who examined Weber, one for the Missouri Department of Mental Health, the other a private Chicago-area psychologist.

Dr. Nicole Seymour of the state mental health agency testified that Weber had endured difficult situations for a long time, noting domestic violence incidents in relationships prior to the one with Falco.

“She experienced quite a bit of abuse,” Seymour said, noting that some of that abuse came during her younger years living with relatives, including neglect that she “experienced at the hands of the father and stepmother.”

According to Seymour’s testimony, Falco’s abusive extended to Weber’s relatives, one of whom she would later contact for help.

“Was there any evidence of Al Falco threatening her sister?” Goodwin asked.

“Yes, sir,” Seymour replied, adding that Weber’s dog also was a target of threats.

“Were any threats against the dog ever made?” the prosecutor asked.

“Yes, several times,” the psychologist said.

The effects of domestic abuse were documented with photographs. Seymour noted that she viewed several photos — some taken by Weber’s sister — that showed effects of violence.

“She was abused with black eyes, bruising and this was on multiple occasions,” Seymour testified. Weber’s booking photo after arrest shows her with a black eye.

In what is widely seen as a risky move by a defense, Weber took the stand, explaining that what began as a “really good” relationship with Falco in which “we had a lot of fun” turned abusive. “He became controlling,” she said under questioning by Mueller. “He would slap me, push me,” she added.

Her attorney asked by she didn’t leave the relationship.

“I just didn’t have anywhere to go,” she said.

On the day of the shooting, she said, the situation escalated after the second response to the residence by Hermann police.

“He looked like a demon,” Weber said of Falco. “He had no white in his eyes.” She claimed she feared that he would get her gun and shoot her for calling the police.

“Did you intend to kill Al that day?” asked Mueller.

“No. I just wanted to scare him enough to be able to get out,” Weber said.

On cross-examination, Goodwin questioned Weber’s account of the time leading to the shooting. “You said, ‘He was coming at me.’” But, Goodwin asked, “Mr. Falco is running away from you, yes?”

“Yes,” Weber said, explaining that the shooting as a result of her immediate fear of Falco. “I just raised it and got scared and pulled the trigger,” she said.

“Did you point the gun at Mr. Falco?” the prosecutor asked.

“Yes,” Weber replied.

In closing arguments, Goodwin told the jurors that Weber accounts of what happened were too contradictory.

“These stories don’t link up,” he said.

And her claim of shooting in self-defense was countered by the fact that she shot Falco in the back and by the distance between them at the time of the shooting. He said the gun was found 21 feet away from where Falco fell in the utility room.

“That’s not self-defense. That’s first-degree murder,” Goodwin said.

The jury thought otherwise.