High court rejects man’s murder appeal

PORTLAND – The Maine Supreme Judicial court on Friday rejected a Fairfield man’s appeal of his conviction for the shotgun slaying of his ex-wife in May 2003.

Gregory Warmke was convicted last year of murdering Leslie Bullock about a year after their divorce. He was sentenced to 37 years in prison.

In his appeal, Warmke argued that the court erred in refusing to instruct the jury on what is known as adequate provocation manslaughter, which would have resulted in a lesser sentence than murder.

Warmke argued that his ex-wife’s mistreatment of him during and after their marriage and her smirk prior to the shooting provoked him to shoot her.

In a unanimous decision, justices ruled that the court was correct in denying Warmke’s request because there was insufficient evidence to support a provocation defense.

In a decision written by Justice Jon Levy, the court said that Bullock’s alleged smirk didn’t constitute provocation because it was Warmke, not the victim, who initiated the confrontation.

Warmke confronted Bullock in her driveway and held her hostage for three hours before shooting her in the torso and again in the head.