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It was evidently the first time an activist had
ever been murdered while protesting abortion. Soon after the shooting,
police were alerted to another murder, that of local businessman
Michael Fuoss, which they linked to Pouillon's killer.
Police arrested Harlan James Drake and charged him
with both crimes. Drake was later declared fit to stand trial, where
he was convicted of two counts of first-degree murder, and was
subsequently sentenced to two life sentences.
Background
Jim Pouillon was a well-known Michigan activist and
member of Operation Save America. An elderly man dependent on oxygen
tank to breathe, he had been protesting abortion since 1988. On the
day he was shot, Pouillon was leading a protest across the street from
Owosso High School in Owosso, Michigan.
Shooting and arrest
During the protest, Pouillon was shot at 7:20 a.m.
EDST by a gunman in a passing vehicle. One witness recorded the
vehicle's license plate number. Meanwhile, police were alerted to
another murder, of businessman Michael Fuoss at a gravel business he
owned. An hour after Pouillon's shooting, police located and arrested
the owner of the vehicle, Harlan James Drake. Drake indicated he had
shot both victims.
Pouillon's murder was evidently the first time an
activist had ever been killed while protesting abortion. Authorities
said Fuoss was not connected to the pro-life movement. Police said
Drake was offended by pro-life material that Pouillon had displayed
across from the school for the previous week. A Center for
Reproductive Rights spokesperson said the shooting did not seem to be
tied to the abortion debate.
Trial
While in custody awaiting trial, Drake attempted
suicide by breaking a TV and using the broken glass to cut his wrists.
Drake was later declared fit to stand trial. In 2004, Drake was
involved — but not legally responsible — in a motor-vehicle accident
that killed two teenagers.
Drake's attorney, Robert Ashley, argued that Drake
suffered from depression stemming from the crash and was therefore
mentally incompetent at the time of the murders. Drake testified about
how he committed the murder, and even cracked jokes during his
testimony. His testimony proved to be very damning to his case. On
March 11, 2010, the jury returned a verdict of guilty on both counts
of first-degree murder.
On September 30, 2009 Drake was deemed incompetent
to stand trial and was remanded into the custody of the Michigan
Department of Mental Health. On April 22, 2010, Drake received life
imprisonment and expressed no remorse for any pain caused to the
families. Drake himself said he should go to jail "forever."
Responses
Several pro-life groups and leaders have deemed
Pouillon a martyr. Lori Lamerand, president of Planned Parenthood East
Central Michigan, stated the killing was tragic and expressed concerns
people would retaliate. President Barack Obama has called the killing
"deplorable" and stated that, "whichever side of a public debate
you're on, violence is never the right answer." Pouillon's funeral was
held at the Owosso High School football stadium.
Soon after the murder Pouillon's estranged son
James M. Pouillon, a podiatrist in Grand Rapids, criticized his father
in an online post. This post, which was quickly circulated in the
media, attributed Pouillon's activism to a "pathological hatred of
women" and explained that "He did this to stalk, harass, terrorize,
scream at, threaten, frighten, and verbally abuse women... He was at
the high school because my niece was there, and female family members
were always his favorite targets." It stated that Pouillon's goal was
"to make someone so angry, to make them feel so terrorized, to make
them feel the only way they could make him stop was to kill him." It
concluded that "Owosso is now rid of a madman."
Pouillon's daughter Mary Jo offered a different
image of her father, saying "He didn't want to hurt anyone that hadn't
hurt him or his family." Mary Jo Pouillon sang in a memorial service
that drew anti-abortion activists from across the country.
The right-to-life organization Operation Rescue
named Pouillon "Person of the Year" for 2009.