Dixie Shanahan

Case identification

Dixie Lynn Shanahan (also known as Dixie Duty; formerly Shanahan; later Shanahan-Duty) was convicted in Iowa for killing her husband, Scott Shanahan.

Background

Dixie and Scott Shanahan were married in 1995 and lived in Defiance, Iowa in a house Scott inherited from his parents. Scott did not work, and Dixie worked at various jobs. They had two children during Scott’s lifetime: Zachary and Ashley. A third child, Brittany, was born after Scott’s death.

Dixie testified that her relationship with Scott was characterized by physical and mental abuse. She testified Scott “could flip on a nickel,” threatened her life, and often threatened to take their children away from her. Dixie testified there were many instances of abuse that she often attempted to cover up.

Three incidents led to prosecution of Scott for domestic abuse. The incidents described included:

• May 31, 1997: During an argument while driving home from Council Bluffs, Iowa, Scott punched Dixie in the face, bruising both her eyes and cutting her lip. Dixie told police this was not the first time he had beaten her. Scott was arrested and charged with domestic abuse assault. He was convicted on June 23, 1997, and sentenced to 30 days in jail with 28 days suspended, placed on probation for two years, and ordered to attend counseling.
• Sept. 8, 1997: Dixie returned to police and reported an assault by Scott on July 27, 1997. Dixie said Scott threw her out and would not let her take their baby. She reported she would not leave the house without the baby and threatened to call police, which threw Scott into a tirade. Dixie reported Scott grabbed her by the hair, beat her with a metal object, and threatened that if she called police he would kill her. She reported bleeding from the head from the assault and that Scott had pulled the phones out of the walls. She stated she could not get away long enough to report the incident and that she was two months pregnant with the couple’s second child and feared a miscarriage if assaults continued. Scott was arrested that day and charged with second-degree domestic abuse assault. On Feb. 23, 1998, he was convicted and sentenced to two years in prison, but the sentence was suspended. Dixie had written letters to judges for leniency in each of Scott’s arrests. He served only four days in jail and was ordered to pay a $1,000 fine, attend more counseling, and surrender his firearm.
• Oct. 6, 2000: A deputy sheriff visited the house about another matter involving one of Dixie’s children and later left without saying anything about an odor, which Dixie treated as confirmation to her that there was none. Dixie said she was scared because the deputy was one room away.

Dixie moved to Texas but later returned to Iowa and reunited with Scott.

Dixie testified about her personal history of abuse as well. She stated she was sexually abused by her former stepfather, Frank Street, between the ages of seven and 15. Her mother left him because of the abuse and moved to Illinois. Dixie did not want to leave and moved into Scott’s Defiance home at age 15. Frank Street remained in the home at the time. Dixie stated Scott’s mother and stepfather lived in the home at the time Dixie moved in, and that Scott’s mother and stepfather had passed away before the couple married.

Dixie testified about the marriage. She said the couple married in 1995 after Scott’s mother and stepfather passed away. She testified her wedding day was happy, while she also testified that before they married Scott had slapped and thrown things at her on several occasions, and that violence continued and became more frequent.

Dixie testified about Scott’s behavior, including screaming and punching her when his lawn mower broke, and throwing a plate of potatoes at her.

Dixie testified about her employment: Scott stayed home while she worked as a nurse’s aide.

Dixie testified about their children: the couple had three children.

Dixie testified that when Scott found out she was pregnant with their third child in 2002, he went into rage and insisted she abort the child. Dixie refused.

She described leaving the relationship three times: she said she left her husband three times and each time moved to Texas to live with her sister, but each time Scott came for her and she returned to the couple’s Defiance home. Dixie said she was beaten again, tied up with barbed wire in the basement, or had a shotgun pointed in her face.

The offence

Dixie was charged in connection with the death of Scott Shanahan.

She testified that on Aug. 30, 2002 she woke up around 6:30 a.m. and woke her children. She sent Zachary to school before Scott awoke. She testified Scott woke up enraged because Dixie did not wake him before Zachary left. Dixie testified Scott pulled her by the hair and beat her in the stomach, hollering he was going to kill the unborn baby one way or another. She testified she sent Ashley to a friend’s house nearby. Dixie testified she tried to leave, but Scott followed her, took the car keys from her, and prevented her from leaving. She testified Scott knocked her on the ground, dragged her by her hair back into the house, and punched her in the stomach saying, “I'm gonna kill this baby. You're not having this baby.”

Dixie testified Scott went into another room and came back with a shotgun. She testified he was in a rage, physically shaking, and calling her names. She testified he put two different shells in the gun and pointed the gun at her and threatened her by saying, “This day is not over yet. I will kill you.” Dixie testified Scott walked away, and that when he came back in a rage he beat her again, threatening her and the unborn baby’s lives.

Dixie testified Scott took all of the telephones out of the telephone jacks except the one in the bedroom, and he took the telephones with him into the bedroom where he laid down. Dixie testified she thought the telephone in the bedroom was still working.

Dixie testified that despite being dressed and sitting in a chair right by the door with nobody around, she decided to call the police rather than leaving the house. She testified she went into the bedroom to get the telephone, and saw Scott make a movement toward her or toward the gun sitting beside the telephone. She testified she grabbed the gun, closed her eyes, and shot him in the back of the head. She testified she needed to protect herself and did not have any other choice but to fire the gun.

Dixie testified she set the gun down, walked out of the bedroom, and sat in a chair for a couple of hours. She testified she then went back into the bedroom, pulled up the sheets to cover the body, retrieved the telephone and the gun, shut the bedroom door, and put a towel underneath it. She testified she put the gun in the children’s bedroom closet. She testified she never did anything else with Scott’s body and never told anyone what happened. She testified she and her children continued to live in the house trying to live a normal life. She testified she told people lies about Scott so she could avoid going to jail.

Dixie testified she went into the bedroom three times after the shooting, all in the same day. She testified the windows were open in the house at the time of the shooting, and that she was able to close the bedroom window from the outside.

Dixie’s statements about the offence included the allegation that she blocked off and hid Scott’s body and that she made efforts to conceal his whereabouts.

The State charged Dixie with murder in the first degree in violation of Iowa Code sections 707.1 and 707.2 (2001), stating that she “did willfully, deliberately, and with premeditation and malice aforethought kill another person.” The State amended the trial information to add the use of a firearm in the commission of the offense.

Dixie entered a plea of not guilty.

Investigation

On July 21, 2003, the Shelby County sheriff's office received a call from a concerned citizen who advised law enforcement that Scott had not been seen in or around Defiance for a considerable amount of time, which the caller considered out of the ordinary.

Sheriff Gene Cavenaugh first tried to locate Scott in Atlantic, Iowa because officers had heard he might be there. Cavenaugh was unable to do so.

Deputy John Kelly visited Dixie the following day and spoke with her outside her residence. Dixie told Kelly Scott left their residence in August 2002 and she did not know where he was, but she thought he might be living in Atlantic. She stated she had not seen Scott since that time but said he called around February 2003 in regards to the birth of their third child. She told Kelly she believed Scott made hang-up calls to her residence periodically. Dixie stated her sister in Texas was making the house payments along with the insurance and tax payments. She also denied selling Scott’s tools but acknowledged she was involved in a romantic relationship with Jeffrey Duty of Ida Grove, Iowa.

On July 23, 2003, Dixie went to the sheriff’s office and spoke to Cavenaugh, wanting to know why the sheriff’s office was checking on Scott. She asked if she was being accused of doing something to Scott. Cavenaugh denied that she was being accused. Dixie provided the name of an individual who claimed to have seen Scott in Harlan, Iowa in April 2003.

On the next day, Cavenaugh and Dixie spoke in the driveway of her residence. Dixie told Cavenaugh Scott left in August 2002 after he became angry with her over her pregnancy. She told Cavenaugh before Scott left he beat her up when she refused to have an abortion. She also stated she was not home when Scott left, but that he took his clothes, some other possessions, and withdrew all of the funds he had in some mutual funds. She stated he did not take a vehicle with him.

On Oct. 17, 2003, law enforcement officers from the Shelby County sheriff’s office and the Iowa division of criminal investigation made an application for a search warrant to search Scott and Dixie’s residence, property, and vehicles. The application sought blood, bodily fluids, hair, fibers, or DNA samples of Scott, as well as any computer hardware, printers, dangerous weapons, or Scott’s body or body parts. The application stated such items were used or possessed with the intent to be used as the means of committing a public offense or concealed to prevent an offense from being discovered, and were relevant and material as evidence in a criminal prosecution.

The affidavit stated the Defiance post office did not have a forwarding address for Scott and that Dixie picks up his mail. The affidavit included Cavenaugh’s contacts with Scott’s friends and relatives and described law enforcement officers’ attempts to locate Scott. It included a statement from one of Scott’s friends that he heard from a meter reader in Defiance that a bedroom window was open in the Shanahan house the previous winter. The affidavit stated Scott’s mutual fund account was depleted in August 2002 and numerous insufficient-funds checks were drawn on it in August and September 2002 bearing Scott’s signature, with a note indicating the checks may have been signed by Dixie. The affidavit stated Dixie had sold one of Scott’s vehicles and perhaps the contents of his shop building. It detailed that Scott’s bank account was frequently overdrawn in the summer of 2002 but was inactive for nearly a year. The affidavit stated Dixie was receiving public assistance based on an application she filed on September 11, 2002. It referred to bank’s mortgage records including an October 2002 letter supposedly signed by Scott requesting the bank to add Dixie's name to the account. The affidavit also confirmed Dixie sold Scott’s tractor and told the buyer Scott would never be back.

The affidavit stated the above facts indicated Scott “likely met with some type of foul play,” concluding there was probable cause that a crime had been committed and evidence of that crime would be found in the places requested to be searched. The application included seven informant attachments and other documentation related to the investigation.

A magistrate issued the search warrant, and law enforcement officers executed the warrant. The officers who processed the residence found the northeast bedroom blocked off with various items in the hallway. A rolled-up towel was placed at the base of the bedroom door alongside two air fresheners.

In the bedroom, officers found human remains on the bed under the covers in a position lying on the right side and stomach area. The body was clothed only in briefs. A television remote control was at the end of the left foot. The head was on a pillow, with a second pillow between the legs and a third pillow tucked within the left arm. An officer described this position as “typical of someone ․ lying in bed, resting or sleeping, just lying on your side, with your head on a pillow and a pillow between your legs and one under your left arm.”

The remains were later identified as the body of Scott. The body had been markedly decomposed, partially skeletonized, and partially mummified. It was determined Scott died from a shotgun wound to the back of the head.

Officers did not find the shotgun that killed Scott during the search of the residence, but found it later in the children’s bedroom closet.

During the search, Dixie was at the home of Kathy Meyers. Meyers testified Dixie became hysterical and admitted to shooting Scott. Meyers stated Dixie said “she didn't know if it was right or wrong but she just couldn't take it no more” and that she couldn’t justify what she did. Meyers stated Dixie hid from the officers but was eventually arrested. Meyers testified Dixie told her “she wanted [Scott] out for fear of Brittany's life.”

Arrest

After the search warrant was executed and Scott’s remains were found, Dixie was arrested and charged with first-degree murder.

Trial

Dixie’s trial proceeded as a jury trial.

Prior to trial, Dixie filed a motion to suppress claiming the application for the search warrant, the affidavit in support, and the search warrant itself were all without probable cause. The court denied the motion.

Before trial, Dixie filed a notice of defense stating she intended to introduce evidence of justification by defense of self and others at trial.

At trial, Dixie’s trial counsel moved for a judgment of acquittal on the ground that the State did not present a prima facie case as to murder in the first or second degree, and claimed there was no evidence of malice or evidence showing her actions were not justified. The court overruuled the motion.

The court sustained the State’s motion in limine prohibiting Dixie's trial counsel from arguing she acted in defense of Zachary or Ashley.

The jury found Dixie guilty of the lesser included offense of murder in the second degree. The jury also found that she was in the immediate possession and control of a firearm at the time of the offense.

Dixie testified in her own defense. She explained that in late August 2002 her relationship with Scott was “[v]ery, very rocky” and that she was being “[v]ery badly” abused by him three to four times a week. She testified that when she found out she was pregnant with Brittany, Scott “went ballistic” and told her to have an abortion. She testified they fought for several days, with Scott beating Dixie and telling her he would make sure she would not have the baby.

She testified that on August 30, 2002 she woke around 6:30 a.m., sent Zachary to school, and that after Scott woke enraged because she did not wake him before Zachary left, Scott pulled her by the hair and beat her in the stomach while threatening the unborn baby. She testified she sent Ashley to a friend’s house and that Scott prevented her from leaving and used a shotgun during the confrontation. She testified she shot Scott as described and later covered the body and hid the telephone and gun.

At trial, the State’s evidence included the physical evidence regarding the body’s condition and the location of the shotgun, and witness testimony including Meyers’ testimony about Dixie’s admission.

The prosecution argued against self-defense and justification, and the jury was instructed on the law for murder in the second degree and justification. For murder in the second degree, the district court instructed the jury that the State had to prove: (1) on or about August 2002, Dixie shot Scott; (2) Scott died as a result of being shot; (3) Dixie acted with malice aforethought; and (4) Dixie acted without justification. The district court defined “malice” and “malice aforethought.” The district court instructed the jury regarding justification by using reasonable force if she reasonably believed the force was necessary to defend herself from any imminent use of unlawful force, and listed elements the State could prove to show the defendant was not justified: (1) the defendant started or continued the incident, (2) an alternative course of action was available, (3) the defendant did not believe she was in imminent danger of death or injury and the use of force was not necessary to save her, (4) the defendant did not have reasonable grounds for the belief, and (5) the force used was unreasonable.

Dixie filed a motion for new trial.

Sentencing

On the same day, the court sentenced Dixie to an indeterminate fifty-year term of imprisonment, required her to serve a minimum of thirty-five years, and ordered her to pay $150,000 in restitution to Scott’s estate.

A sentence set for May 10 was imposed following a verdict.

Appeals

Dixie appealed. The Iowa Supreme Court case identified was Supreme Court of Iowa State v. Shanahan. The docket number was No. 04-0855, decided April 7, 2006.

Dixie asserted that the trial court erred in overruling her motion to suppress and her motions for judgment of acquittal and for new trial. She also asserted trial counsel was ineffective. The Iowa Supreme Court found no basis to reverse her conviction and affirmed the judgment of the district court. It preserved some claims of ineffective assistance of counsel for postconviction relief.

The court addressed multiple issues in the ineffective assistance framework, including failure to object to other-acts evidence, failure to object to certain prosecutor statements, failure to object to a jury instruction referencing “the defendant's guilt or innocence,” failure to request a jury instruction regarding defense of a third person (Zachary, Ashley, and unborn Brittany), failure to make an adequate record regarding a State rebuttal witness, failure to investigate battered wives syndrome, failure to strike a domestic assault victim from the jury, and failure to properly advise regarding the State’s plea offer for voluntary manslaughter.

Regarding the motion to suppress, the Iowa Supreme Court concluded there was a substantial basis for the issuing judge to conclude probable cause existed to issue the search warrant, and it upheld the denial of the suppression motion.

On direct appeal, the court found there was sufficient evidence to overrule Dixie's motion for judgment of acquittal and that the district court did not abuse its discretion in overruling her motion for new trial.

In the ineffective assistance analysis, the court ruled against several ineffective-assistance claims on direct appeal while preserving four ineffective-assistance claims for postconviction relief due to record insufficiency. In particular, it addressed and rejected claims for ineffective assistance regarding failure to object to other-acts evidence, failure to object to prosecutor opening and closing statements, failure to object to the jury instruction using “innocence,” and failure to request a defense-of-another instruction as to the unborn child and/or justification framework given the jury’s determination regarding justification.

The court preserved ineffective assistance claims regarding failure to make an adequate record regarding a rebuttal witness, failure to adequately investigate battered wives syndrome, failure to strike a domestic assault victim from the jury, and failure to properly advise regarding the State’s plea offer.

The Iowa Supreme Court affirmed the judgment. The decision concluded: AFFIRMED.

Outcome

Dixie was convicted of second-degree murder for killing her husband, Scott Shanahan, and received a 50-year indeterminate sentence with a minimum term of thirty-five years, along with restitution ordered to Scott’s estate.

Aftermath

After her 2004 second-degree murder conviction, Dixie Duty spoke about her experiences while incarcerated.

She stated she said that if she had it to do over again, she would still pull the trigger that killed Scott Shanahan. She later stated she no longer felt that way and said, “I was very angry at first,” and “But the bottom line is I did something wrong. And I deserve to spend time in prison.”

During an interview from state women’s prison in Mitchellville, Dixie discussed leaving Scott’s body decaying in the bedroom for over a year. She also discussed what led her to pull the trigger Aug. 30, 2002. She said she came to understand she was wrong to shoot her husband despite his repeated attacks, stating, “I had no right to take his life,” and she stated remorse, “I don't know how I could convince people of that,” and “But I feel remorse for what I did.”

A Shelby County jury found her guilty of shooting Scott to death, opting for second-degree murder instead of first. Iowa’s mandatory sentencing guidelines meant she would spend at least 35 years of her 50-year sentence behind bars. Former Gov. Tom Vilsack reduced that to 10 years prior to leaving office. She was eligible for parole in 2014 at age 47. Vilsack’s decision overruled the Iowa Parole Board’s recommendation. The Parole Board had voted 5-0 to deny her commutation request citing repeated disciplinary problems. When she met with Vilsack's assistant general counsel, Sonya Streit, in December, she said she had changed her attitude and behavior, and she said, “I did a lot of soul searching,” and “I was rebelling when I came to prison, not following the rules. I thought I shouldn't be here.”

She reported spending time tending the prison lawn and gardens, joining a women’s quilting class, belonging to Women Helping Others, and starting taking college correspondence courses with a hope to have a social work degree when she leaves prison.

She stated she wanted to help other domestic violence victims and said, “If I can help one person it is worth it.”

She also stated she wanted custody of her children but that her sister in Texas was awarded custody after her parental rights were terminated. She said she saw her children in August and has had annual visits since her incarceration, describing the drive from Texas and saying, “My sister doesn't have to bring them for a visit, but she does. That is a blessing.” She stated she did not plan to try and regain custody when released, saying, “It will have been 10 years. I don't want to disrupt their lives any more. They have been through enough.” She stated she did not want to talk about her children as a subject, saying, “I don't want them dragged into this,” and that she told them about what happened but would not go into details.

She stated she planned to join Jeff Duty in the Defiance home when she was released and said memories of what happened there did not worry her. She said she had a lot of friends in Defiance.

She said she wanted to go public with her story by taping an interview with the Montel Williams show to assist other domestic violence victims, and repeated, “If I can help one person it is worth it.”

The Montel Williams interview was described as being taped “Tuesday.”

She also met Tracey Dyess in prison. Tracey Dyess was serving a 45-year sentence after pleading guilty to setting her Griswold home on fire, a fire that killed her sister and nephew. Dyess said she started the blaze to kill her stepfather Brian Street, who was sexually abusing her. Brian Street's father was Frank Street, who Dyess said abused her. At one of Dyess’ court hearings, her mother testified Frank Street also abused Tracey when she was a young girl. Dixie stated she would not say whether she and Dyess discussed that, but said she had struck up a relationship with Dyess.

Dixie’s commutation outcome included Vilsack shortening the mandatory minimum amount of time behind bars to 10 years. A letter explaining Vilsack’s action cited reports of the abuse Scott Shanahan inflicted on his wife, but the governor stated his decision did not excuse her from murdering her husband and that it “strikes a balance” between those who argued she should not have spent any time behind bars and those who believed her previous sentence was appropriate.

Timeline

• May 10, 2004 — Sentencing took place after Dixie’s second-degree murder conviction.
• Oct. 17, 2003 — Law enforcement applied for a search warrant for Dixie's and Scott’s residence, property, and vehicles.
• Oct. 20, 2003 — Police searched the Shanahan home and found Scott Shanahan’s body in the sealed bedroom.
• Oct. 30, 2003 — The State charged Dixie with murder in the first degree.
• Apr. 7, 2006 — Iowa Supreme Court decided No. 04-0855, affirming the district court’s judgment.
• May 1, 2004 — A jury found Dixie guilty of second-degree murder; sentencing was set for May 10.
• April 20, 2004 — Trial began in Shelby County.

Other details

Dixie was described as turning down a plea bargain that would have allowed her to be free within a decade.

Dixie acknowledged she rejected the State’s offer to plead guilty to voluntary manslaughter and that she was aware of possible sentencing ramifications at the time she turned down the plea agreement.

A jury of seven men and five women deliberated for about seven hours over two days before finding Shanahan guilty of the lesser charge.

Susan Benson-Blaine, a woman on the jury, was quoted: “It just wasn't really convincing that he was awake,” and “I felt like I could throw up all the way home. It's a bad situation all the way around,” and “Even though Scott was abusive, everyone is a human being. Everyone is supposed to be entitled to protection under the law no matter who you are.”

The Iowa Supreme Court discussed that Dixie’s ineffective assistance claims included failure to object to other-acts evidence, failure to object to certain prosecutor statements, failure to object to jury instructions referencing “innocence,” failure to request a defense-of-another instruction, failure to make an adequate record regarding a rebuttal witness connected to the school board, failure to investigate “battered wives syndrome,” failure to strike a domestic assault victim from the jury, and failure to properly advise regarding the voluntary manslaughter plea offer. The court preserved some ineffective-assistance claims for postconviction relief.

In Dixie's discussion of a shift in attitude while incarcerated, she said, “I did a lot of soul searching,” and “I was rebelling when I came to prison, not following the rules. I thought I shouldn't be here.” She also said, “I had no right to take his life,” “I don't know how I could convince people of that,” and “But I feel remorse for what I did.”

When discussing her abuse relationship, Dixie said, “If I had it to do over again, I would have got out and stayed out,” and “I don't really know how I would have done it, but that is what I would change.”

She said she had taped an interview with the Montel Williams show “Tuesday” to help other domestic violence victims, and said, “If I can help one person it is worth it.”