Court Rules Heat of Passion Will Not Apply to Luch Case

Luch Claims he Was Replicating Wife's Behavior

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by Natalie Travis

Story Created: Feb 5, 2013 at 11:28 PM AKDT

Story Updated: Feb 5, 2013 at 11:52 PM AKDT

ANCHORAGE---The court ruled Tuesday, heat of passion will not apply in the case of 64-year-old Robert Luch, accused of shooting and killing his wife in 2010.

"At no point and time was there indication that this was an intentional shooting, heat of passion deals with intentional shootings," said Superior Court Judge Jack Smith.  "The description by the defendant multiple times was this was totally accidental, he had no intentions of shooting that gun at all, he didn't know the gun was loaded."

Luch appears to remain steadfast to his story of not intending to kill his wife, rather losing control in a moment of extreme emotion, provoked by alleged affairs, among other things.  At one point Luch referred to parts of the situation as posturing.

"I was replicating her behavior, this was a spin off of what she had done for 21 and a half years, Luch said. "Every three weeks when she got angry, when she came after myself or one of the kids with a knife."

Watch the above video for details.

    
 

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