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DV victims "encountered numerous and unnecessary barriers” according to new report

Posted at 6:16 PM, Mar 06, 2024
and last updated 2024-03-06 19:16:00-05

NASHVILLE, Tenn. (WTVF) — A new report from Metro Nashville’s Office of Family Safety takes a closer look at how Marie Varsos and Debbie Sisco were failed by a system meant to protect victims of domestic violence.

The annual report took years to produce, with some speculating that the delay was another example of the complex nature of Marie and Debbie's case. While the report points out many concerns, it also mentions some of the progress made to address pitfalls in our domestic violence system.

Alex Youn is the brother of Marie and the son of Debbie.

He's been traveling for years between Nashville and California, advocating for laws to better protect domestic violence victims from what his family experienced.

Nashville may be home, but Youn says that in the years we’ve known him, it hardly feels that way anymore.

“You know candidly, all of this carries some emotional weight,” Youn said.

Youn sent the following statement in regard to the report by Metro Nashville’s Office of Family Safety:

“The 2022 annual report by Nashville’s Domestic Abuse Death Review Team (DADRT) echoes what our family has been saying since Debbie Sisco and Marie Varsos were murdered almost three years ago: the system does not work for domestic violence victims. This is no surprise to our family. Many of these findings were researched and shared by our family to the Metro Office of Family Safety more than two years ago, which demonstrated current laws, rules, and procedures were not followed. The report should place more emphasis on enforcing current laws and procedures rather than the issue of firearm dispossession, for instance. While the need for firearm dispossession was a factor in Marie’s case, fundamental protocol failures allowed the offender to feel undeterred in attacking my sister and our family. Nevertheless, we are pleased the report recommends GPS monitoring for DV offenders, which the state legislature is currently considering.”

Nashville’s Domestic Abuse Death Review Team (DADRT), which is an extension of the Office of Family Safety, chose to analyze Marie and Debbie’s case as part of their annual review.

They don’t use names, but one thing they make clear is that these victims, “encountered numerous and unnecessary barriers in their attempts to pursue safety and justice.”

It’s something Youn says he's been trying to explain from the beginning.

“My sister, my mother and the rest of our family did everything we could to navigate the very bureaucratic process domestic violence victims face every day in Tennessee,” Youn said.

Marie and Debbie were killed in 2021, by Marie’s estranged husband Shaun Varsos who took his own life that same day.

Shaun had been waiting outside his mother-in-law’s home for hours, searching for any signs of Marie who had moved in after requesting an order of protection.

Marie walked outside and that’s when Shaun rushed the home firing multiple rounds at both women. Armed with her gun, Marie fired several rounds back at Shaun while simultaneously on the phone with 911.

Shaun was hit three times, but Marie and Debbie died from their injuries. Shaun survived long enough to drive away from the scene, before posting a suicide note on Facebook and turning a gun on himself.

According to the report, Tennessee has ranked in the top ten states for women killed from domestic violence in 20 of the past 25 years.

In 2022, nearly 20 percent of Tennessee’s domestic violence deaths happened in Davidson County.

These numbers have since been updated with 2023 figures where there were 12 domestic violence murders and 67 percent were committed with a firearm. All but one of those murders were committed by an intimate partner.

DADRT identified four areas that they believe may have contributed to Marie’s level of risk or impacted the support that she and her family received before the murders.

FIREARM DISPOSSESSION: (Shaun) had been arrested on domestic violence felony charges and should not have had possession of a firearm according to his bond conditions and an order from a circuit court magistrate.

STRANGULATION AWARENESS: (Marie) was strangled to unconsciousness by (Shaun) approximately a month before the murder-suicide. Strangulation is an extremely high-risk indicator for future homicide perpetration, strangulation awareness is vital to ensure that victim safety and offender risk are taken seriously.

HIGH-RISK OFFENDER ACCOUNTABILITY—GPS MONITORING: There were several missed opportunities to focus on (Shaun's) accountability and risk level. (Marie) answered “yes” to eight of eleven questions on the Lethality Assessment Protocol (LAP) administered by MNPD, indicating that she was at a very high lethality risk. High-risk indicator evaluation and GPS monitoring could have been an excellent offender accountability tool in this case.

COERCIVE CONTROL & ISOLATION: (Shaun’s) controlling behavioral patterns isolated (Marie) from what could have been a critical support network as (Shaun’s) behavior became more and more abusive.

We know that six weeks before she was murdered and a day after she filed for divorce, Shaun strangled Marie in their home and threatened her with his gun.

Shaun was arrested two days later, posted $30,000 bond, and was released within six hours.

No one told Marie that Shaun’s mandatory 12-hour hold for domestic violence offenders was waived.

Instead, Marie called numerous times to make sure her contact information was up to date so she wouldn’t miss any more notifications.

This new report recommends magistrates look closer at the Lethality Assessment before they settle on a bond. That way they know how much risk is involved if certain offenders make bail.

Shaun’s bail documents clearly said that he was a risk to Marie, but even then, he was allowed to walk free at a time when Youn says victims are at their most vulnerable.

“It’s when someone is breaking up, it’s when someone has called authorities and it’s when anger and aggression are more likely to happen and people can be more retaliatory,” Youn said.

In Tennessee, no one convicted of domestic violence charges, or any felony may legally possess firearms before trial. Shaun was charged with felony aggravated assault and misdemeanor false imprisonment.

He agreed to sign an affidavit forfeiting his firearms but never did.

This report recommends a firearm status hearing, among other things, so courts know if offenders still have access to guns.

“While several things could have been done to make it harder for my brother-in-law to harm our family, there’s only one thing that I’ve been able to identify that if implemented at the time of their death, they might still be with us here today,” Youn said.

Had Shaun been wearing a GPS monitoring device, Youn told lawmakers his family could have had a chance.

“They could’ve contacted law enforcement, secured their firearms faster, strategized a plan, and even had time to say goodbye,” Youn said.

The report recommends Nashville ADA’s to request GPS monitoring for high-risk cases. Not after conviction, but as a condition of bail.

It’s already an option for magistrates, but Youn found that it’s rarely used.

Representative Clay Doggett worked with Youn on a GPS monitoring bill meant to keep those charged with aggravated domestic abuse far from their victims.

These devices, paid for by the offenders, are worn. If they’re spotted anywhere close to the victim, both the victim and law enforcement are contacted.

Meanwhile, a judge can maintain discretion over distance and for how long the device must be worn.

“This is allowing the local government to come in and actually do what they should do, which is protect and hold offenders accountable,” Youn said.

This is why Alex continues to come back.

As painful as it may be not seeing his mother and sister greet him at the terminal, he knows his words have made a difference.

Lawmakers have called this bill one of the “most consequential” pieces of legislation they could pass this session.

“I’ve never had a bill where the whole committee signed on to it before I even told them what was in the bill,” Doggett said.

We asked Youn, what would your mother and sister think of you going through all this?

Youn replied, “I think that they would probably not want me specifically talking about them, but talking about how we can help others which is what I’m trying to do.”

Youn’s GPS monitoring bill passed another committee on Tuesday and is now one step closer to a House vote.