Anita Smithey of Ovideo is accused of fatally shooting estranged husband Robert Cline after telling him to stop being so rough during sex.
By Rene Stutzman, Orlando Sentinel
5:58 p.m. EDT, May 5, 2010
SANFORD — Anita Smithey and her husband may not have been able to live together, but they still had sex regularly.
They were in bed early Tuesday morning when, Oviedo police allege, she shot him two or three times.
She told police that Robert Cline III, 41, was being too rough, that she told him to stop, he didn't, so she got a .38-caliber handgun, pointed it at his chest, warned him again, but he only laughed and leaned toward her, according to her arrest report.
The gun went off accidentally, she told police, and still he did not get off her, so she quickly pulled the trigger twice more, wounding him at least once more.
Cline then rolled off the bed and onto the floor, and she got a knife and stabbed herself in the belly to make it look like she had acted in self-defense, according to her arrest report.
Smithey, 41, was being held in the Seminole County Jail, accused of second-degree murder.
She appeared before Seminole County Judge Ralph Eriksson Wednesday. The judge ordered her held without bail and appointed a puiblic defender to represent her.
During the hearing, Assistant Public Defender Lawrence Kowal pointed to several long red marks on Smithey's neck. Smithey had told police that Cline held what she believed to be a knife at her neck, but the judge said that evidence was not relevant at Wednesday's proceedings.
She was arrested Tuesday. She had called 911 about 2:30 a.m., saying she had shot her husband in her bedroom.
She and Cline had been separated about three months, she told police, but still, they got together every Monday for sex. That was true this week, she said.
He got to her house Monday about 11:30 p.m., they each had a shot of tequila then went to the bedroom for sex, according to her arrest report.
When they were done, she took a shower, she told police, but when she walked out of the bathroom, Cline was still naked, and she asked him to leave.
He did not, she told police. He grabbed her, pulled her onto the bed, got on top of her and accused her of having sex with another man, according to her arrest report.
He then put what she believed was a knife to her throat, she told police. He either leaned away or got off her momentarily, she said, and she got her revolver from a bedside stand and placed it beneath a pillow, according to the report.
He began to have sex with her again, she told police, would not stop when she asked so she pointed the gun at his chest.
Police were awaiting autopsy results to determine how many times Cline was shot. They said Tuesday that it was probably twice, once in the chest or back and once in the arm.
The couple had a history of domestic violence. In November, when they still lived together, Oviedo police went to their home after Smithey called for help. She and Cline had been arguing, according to the report. He tore up a shower faucet. She scratched him, he told police.
That was the day Cline told Smithey he wanted a divorce, he told police.
Smithey wanted Cline arrested, and police concluded he had committed a crime: obstructing justice by repeatedly blocking her attempts to phone for help. She wound up summoning help by using a neighbor's phone. Police made no arrest but filed paperwork, asking prosecutors to file the charge against Cline.
Smithey later changed her mind and said she did not want him charged, and he never was.
Rene Stutzman can be reached at email@example.com or 407-650-6394.
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