Raleigh woman will not be charged in shooting death of ex-boyfriend

A woman who shot and killed her boyfriend in late March told investigators that she shot him in self defense.

Elizabeth Talley told police that she shot her estranged boyfriend, Sean Fitzsimmons Guess of Raleigh, after he dropped one of two firearms he was carrying while beating her, according to search warrants made public this week at the Wake County Clerk of Courts.

“At some point during the altercation the victim drew two firearms from his person,” Raleigh detective J.T. Nickel wrote in the search warrant. “The suspect was able to gain possession of one of the firearms and shot one time striking the victim in the chest.”

Wake County prosecutors have decided to not press charges, police spokesman Jim Sughrue said Thursday.

Talley, sobbing and breathing heavily, called 911 just after 5:15 a.m. on March 23 and told a dispatcher that her boyfriend “tried to kill me and I just shot him.”

When the officers arrived at Talley’s home in the 2600 block of Ashland Street, near Oberlin Road, they found Guess, 37, lying on the sidewalk just outside the home.

Talley told police that Guess had confronted her earlier that night in a restaurant parking lot on Glenwood Avenue where he vandalized her car by cutting the spark plug wires, according to the search warrants. Talley had the car towed to her home, where Guess arrived about 5:10 a.m. to pick up his belongings. Talley said Guess pulled out a gun and threatened her life, court records show.

Guess pistol-whipped her with the gun, causing head injuries. The two struggled over the pistol, and Talley was able to gain control of the weapon as she fell to the ground. Talley told investigators that Guess “retrieved a second firearm,” and she shot him.

Guess died on a walkway in front of Talley’s home.

Talley told police that Guess owned “an arsenal of weapons,” according to the search warrants. Investigators searched his apartment on Tony Tank Lane and recovered a silver-colored Derringer pistol, a black Daisy BB gun, a .22-caliber rifle, two canisters of ammunition and two gun holsters, court records show.

This story was originally published April 30, 2015 at 5:05 PM with the headline "Raleigh woman will not be charged in shooting death of ex-boyfriend."