1960
photograph of the 8th Grade Class at Flowing Wells High School. Linda Marie Ault
is in the back row, fourth in from the far right.
For Criminal Law consideration for Involuntary Manslaughter
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A Punishment That Went Horribly Wrong – Linda Marie Ault – Podcast #119
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Categories: Crime
& Punishment, Death
and Murder, Law
& Order, Podcast
The subject of today’s story is a young woman named
Linda Marie Ault. Shortly after her graduation from Flowing Wells High
School in Tucson, Arizona, 17-year-old Linda married Ronald Wayne Loomis on
August 8, 1964. The marriage wouldn’t last.
Wedding photograph of Linda Marie Ault Loomis that appeared in the August 8,
1964 publication of the Arizona Daily Star on page 10.
In 1966, Linda moved back in with her parents, Dorothy and Joseph Ault, who had
by this time had relocated to 4720 E. Beverly in Phoenix. It’s always difficult
to know what really goes on behind closed doors, but various newspaper accounts
piece together an image in which the Ault household became a generational battle
between traditional, conservative parents and a liberal daughter who reached
adulthood during the 1960’s sexual revolution.
Mrs. Ault blamed the failure of her daughter’s marriage mainly on the fact that
Linda had been intimate with at least a half dozen men during that time period.
Her promiscuity continued after moving back home and what Mrs. Ault referred to
as “traditional” methods were used to avoid any chance of pregnancy. This
included having Linda constantly walk upright for about a week. Another time she
had to ride horseback for approximately one month.
Linda enrolled as a student at Arizona State University, but the Aults were
having a very difficult time getting her to study. Instead, Linda increasingly
worked on making herself more enticing to the opposite sex. At one point she was
awarded a scholarship, but instead requested that she be allowed to use the
money to purchase contact lenses so that she could ditch her cat’s eye style
glasses.
During the spring of 1967, Linda called the police to report a domestic
disturbance at the Ault house. Sheriff Deputy Jack Barnaby responded and
witnessed “one of the most violent family fights I have ever seen.” He added
that Mrs. Ault was “extremely belligerent and that she had threatened to commit
suicide.” After this incident Mrs. Ault underwent psychiatric treatment and was
considered to be just fine.
Some ten months later, on the evening of Friday February 2, 1968, Linda left the
house to go to a dance. When she didn’t return home that night, her parents
became concerned and made a telephone call to one her friends who informed them
that Linda had left the dance with a man. The Aults became frantic and spent the
remainder of the night driving through the Tempe-Phoenix area searching for her
car but were unsuccessful.
Linda walked back into the house at 9:30 the next morning with a big smile on
her face. When asked to explain where she had been, Linda stated that she had
spent an intimate night at the apartment of a Williams Air Force Base Lieutenant
named Joseph Cunningham.
Linda argued that she was 21-years-old and that she could do as she pleased.
This made her parents even more furious and they forced Linda to telephone
Lieutenant Cunningham and tell him that he had to marry her. The plan was very
simple: The two would head off to Las Vegas for a quickie marriage and should
Linda eventually be found not to be expecting a child, the marriage could be
annulled.
Lieutenant Cunningham agreed to come to the house to talk things over, but if he
had any thought about talking himself out of the impending nuptials, he was
mistaken. Mr. Ault decided that he needed some sort of forceful persuasion to
make sure that the two really married. Shortly after the telephone conversation
ended, he drove to a pawn shop and purchased a 22-caliber revolver. He stated,
“The main reason I got the gun was to get the man to marry Linda.” He added, “If
we could show him the gun he’ll take her to Las Vegas and marry her.”
That was never to happen. While Mr. Ault was out shopping for the weapon,
Lieutenant Cunningham called back and told Mrs. Ault that he wouldn’t be coming
to their house to discuss what happened because he was already married.
So much for the shotgun wedding idea…
For the next day-or-so the Aults continued to press their daughter to express
remorse for what she had done, but Linda was not giving in. One of the first
things that her parents did was to take her over to her college and force Linda
to withdraw from her classes. This was followed by walking around the
neighborhood and forcing her to remain standing on her feet all day Saturday in
an effort to abort a possible pregnancy.
At one point Linda started “to run and wouldn’t listen to me,” so Mrs. Ault
picked up a branch from a Mesquite tree and whacked her on the back of her head
twice. Linda then ran to a nearby gas station at 4300 East Baseline and called
the police for help. Responding officer K.A. Roberts later testified that he had
observed a blood trail that started at the back of Linda’s head, ran down her
neck, and then separated into a V-shaped pattern between her shoulders. Linda
refused to sign a complaint against her mother and returned back home.
1960
photograph of the 8th Grade Class at Flowing Wells High School. Linda Marie Ault
is in the back row, fourth in from the far right.
Later that evening, Mr. Ault discovered Linda with a dull butcher knife pointed
toward her stomach claiming that she didn’t have the strength to kill herself.
Dad commented, “Oh, you’re grandstanding again.” He grabbed the knife and hid it
away to prevent any further harm. He also hid his newly purchased gun under his
mattress, just in case she decided to try to use it to grab their attention with
it once again.
By Sunday morning, Linda still had not expressed any remorse for her actions, so
the parents decided that they had to teach her a valuable lesson. One that would
be memorable. One that she would forever regret. One that would cause her to
truly reflect on what she had done.
Their solution: Linda would have to kill her beloved dog Beauty, a black and
white mongrel that she had owned for about two years. Mrs. Ault stated, “I told
Linda that after all she put so many people through, and her not suffer, that
maybe she would suffer over an animal.”
Shortly before 11 A.M., Linda walked with Beauty one last time to a spot about
500 feet (150 meters) on the desert floor behind their home. As Linda and Mrs.
Ault took turns digging a grave to bury Beauty in, Mr. Ault fired the gun into a
cactus to be certain that it operated properly. He then loaded the revolver
with 7 rounds and left the hammer on an empty chamber. “I told her to just pull
the hammer back and trigger.”
At this point Mr. Ault walked about 50-feet (15 meters) to tie the couple’s
other dog to a bush. Mrs. Ault then knelt down next to the grave that they had
dug and held Beauty by her leash. She was looking down toward the dog but
through the corner of her eye could see the barrel of the gun coming toward the
dog. She said, “You have to put it right against her head.”
Out of the corner of her eye, Mrs. Ault could see Linda withdrawing the gun away
from Beauty’s head and sensed that her daughter was hesitating on pulling the
trigger.
And the… BOOM!
Mrs. Ault suddenly screamed, “My God, my God! She shot herself!”
Instead of shooting her dog, Linda had turned the gun toward her right temple
and pulled the trigger.
“She’s shot herself! Baby, baby, help me!”
Mister Ault ran toward his daughter and carried her back to the house. Mrs. Ault
dialed the operator in a frantic attempt to get an ambulance or the police, but
time was ticking away fast.
Sheriff’s deputy Jack Barnaby arrived on the scene a short time later and
cautiously entered the house with his gun ready. He had been the officer who had
responded to that violent fight at the Ault home some ten months earlier, so he
didn’t know what to expect. He found that no one was home.
That was because the Aults had made the decision to drive Linda directly to the
Tempe Community Hospital themselves. Her condition was so grave that she was
transferred her to St. Joseph’s Hospital in Phoenix.
Sadly, she did not survive. Linda died the next morning on February 5, 1968. She
was 21-years-old.
Mrs. Ault was quoted as saying, “I thought she was just stalling.” She
continued, “I killed her, I killed her. It’s just like I killed her myself.”
This photograph of Linda Marie Ault appeared in newspapers across the country
shortly after the news of her tragic death broke. From page 1 of the February 8,
1968 issue of the Fort Lauderdale News.
While the couple lived just outside the Phoenix city limits, the shooting took
place within its boundaries. As a result, the couple was questioned by Phoenix
police and were fully cooperative. Mr. Ault stated, “I handed her the gun. I
didn’t think she would do anything like that.”
The press quickly picked up on the story about about the college sophomore who
opted to take her life over that of her innocent dog. Suddenly, Mr. and Mrs.
Ault were thrust into the national spotlight. When questioned by reporters, Mr.
Ault replied, “We told the police and the Sheriff’s office everything. You can
get it all from them.”
Two days later the Aults were testifying at a coroner’s inquest. The couple was
questioned by Chief Deputy County Attorney Moise Berger, who asked Mrs. Ault,
“Did you or did you not know that she was four days past her menstrual period
and there was no possibility she was pregnant?” Mrs. Ault replied that she was
aware of that fact.
When asked why Linda agreed to calling and asking Lieutenant Cunningham to marry
her, Mrs. Ault stated, “She finally understood there was more involved than just
him and her in an act like that. You have responsibilities.”
Just before he left the witness stand, Mr. Ault asked to make a statement: “I
don’t believe my daughter meant to kill herself. I don’t think she thought her
father would load the gun, that he would let her shoot the dog.”
The hearing lasted approximately two hours and the jury of five men and one
woman ruled that Linda had chosen to take her own life. Her death was ruled a
suicide.
Joseph
and Dorothy Ault waiting for the coroner’s inquest to begin. Page 1 image from
the Arizona Republic on February 8, 1968.
One would think that would have been the end of the story, but it wasn’t.
Attorney Berger said that there were still some unanswered questions and that
the investigation would continue.
And that’s exactly what they did. At 5 P.M. on February 9th – 4 days after their
daughter’s death – three sheriff’s deputies arrested the Aults at their home.
They were charged with involuntary manslaughter and were held on $20,000 bond.
Adjusted for inflation, that is approximately $143,000 each today
[2019]. The couple both plead innocent to the
charges, but should they ultimately be convicted, they were facing a sentence of
1 to 10 years in prison.
The rationale for the charges were that the couple were well aware that their
daughter had attempted to take her own life with the kitchen knife the night
before the shooting. By handing Linda a loaded gun the next day, the couple had
broken Arizona law by knowingly assisting another person to commit suicide.
Attorney Berger stated, “basically the facts show they were aware of their
daughter’s emotional state and did give her a loaded gun. This does show a
failure to exercise due caution under the circumstances.”
The Aults’ lawyer argued that their bond was excessively high. Mr. Ault had been
a 20-year employee of the El Paso Natural Gas Company and both husband and wife
had strong roots in the community. Neither could be considered flight risks, so
bond was reduced to $2,500 each and they were released pending trial.
As if things weren’t bad enough for the Aults, on February 27th their
21-year-old son Howard Eugene, a Vietnam veteran, was sentenced to a term of one
year to one year and a day in prison for forging a check on October 7, 1967.
Surprisingly, the judge admitted that Howard’s chances for probation were
weakened by the legal mess that his parents were in.
Just as the Aults’ trial was to begin on May 21st, Superior Court Judge William
A. Holohan ruled that all of the testimony that the couple had given during that
initial coroner’s inquest could not be introduced as evidence at their
manslaughter trial. The rationale for this ruling was that the Aults had been
advised by Justice of the Peace Stanley Kimball over the telephone that it
wasn’t necessary for the couple to have an attorney at the inquest. Yet, they
clearly should have had one.
After one-and-a-half days of testimony before a jury of five women and seven
men, the prosecution rested its case. The defense then argued that the county
had failed to prove that the couple was guilty of involuntary manslaughter and
the judge agreed. He dismissed the jury and directed a verdict of acquittal.
While the Aults may have been cleared of any charges in a court of law, I can’t
imagine how awful it must have been for them to live with the guilt for the rest
of their lives. It’s an incredible burden to carry and not one that I would wish
upon anyone.
I’ll conclude with a message of appreciation that appeared on page 44 of the
February 15, 1968 publication of the Arizona Republic: “We wish to express our
heartfelt thanks and appreciation for the acts of kindness, messages of sympathy
and the beautiful floral offerings received from our many friends in our time of
sorrow in the loss of our beloved daughter and sister, Linda Marie Ault. The
Ault family”
Useless? Useful? I’ll leave that for you to decide.