Wife charged with reckless homicide after husband dies during bondage session - convicted of negligent homicide, sentenced to 18 months

(Original Post 4-21-08)

A woman is being charged with reckless homicide, punishable by up to 12 years in prison, after a BDSM session gone wrong. James Bargy, 29, was found with his hands and feet tied behind his back, a ball in his mouth , which was tied with duct tape, after sexual games with his wife Rebecca, 25. Police say he was like that for almost 20 hours, according to his wife's confession.

Authorities believe she tied up her husband, James Bargy, 29, for sexual pleasure and then left him inside their trailer on Jacobs Lane for about 20 hours, according to a warrant.Sheriff’s deputies found the body about 4 p.m. Saturday. Rebecca Bargy allegedly inserted a ball in her husband’s mouth, duct taped it shut, wrapped a bandage around his head, tied his arms and legs behind his back and then left him in the trailer, according to the warrant.

“When we found him, his head was completely wrapped in an ace bandage with only his nostrils showing,” he said. “Apparently, this was not the first time it had happened.”

While detectives have not called it intentional, James Bargy's family believes that troubles in their marriage led to Becky's killing of her husband.

They say the couple's marriage was on the rocks, and that James had plans to return to his home state of New York.

His sister believes what happened to his brother on Saturday was no accident.

"What kind of person does that, leaves someone for so long without checking on them? Who could do that?" said Lisa Brady, the victim's sister.

Becky's mother said that it was simply a case of bondage gone wrong.

I hope they let her go. She doesn't deserve this, I mean he doesn't either, but something went wrong and god knows its not her fault," said Mona Phillips, Rebecca Bargy's mother.

Rebecca's mother, says the couple often engaged in bondage related sexual activities at James' request.

"They do this all the time and something went wrong. I don't know what went wrong," Phillips explained.

Rebecca Bargy is still in Maury County Jail as of Sunday.

(Update 7-18-09) Last Monday, July 13, Rebecca Bargy was sentenced to 1 1/2 years in prison for negligent homicide. On May 20, after 3 1/2 hours of deliberation, jurors acquitted Bargy of much more serious 2nd degree murder charges, which carry a maximum sentence of 25 years in prison in Tennessee. During the trial, jurors and the victim's family members heard evidence that Bargy had left her husband bound and gagged for 20 hours because she had left to see a "boyfriend," Matthew Gilmore, a man she met while playing World Of Warcraft (WoW).

During the trial, Becky testified that bondage was a part of her 7 year marriage to the victim, and that on April 18, the day before James' death, she had tied her husband up, had sex with her "boyfriend," and the husband got out of his bounds.

Before [Maury County Circuit Court Judge Stella] Hargrove made her ruling, Mona Phillips, Rebecca Bargy’s mother, testified that putting her daughter in jail would do no good and that Rebecca Bargy is upset over her husband’s death. Assistant District Attorney Larry Nickell took exception to the mother’s statements. He pointed out that Rebecca Bargy lived with Gilmore for about a month after James Bargy was found dead.

“This is the last person in the world you think she’d move in with,” he said.During closing arguments, Defense Attorney Samuel Patterson maintained James Bargy’s death was an accident.“This type of case falls under unusual circumstances,” he said. “If she could turn back time, she would.”

In an interview after the verdict, Lisa Bargy, the victim's sister, said this:

She left my brother to die while she was in a hotel room with another man. My brother fighting for every last breath while she was breathing heavy in a hotel...I don't think she meant to kill him, but she definitely should have had to pay for what she did.

Judge Hargrove echoed that sentiment when she said to the perp, “In this court’s mind, the jury did not consider this an accident. It’s almost like Miss Bargy is presenting herself as a victim. I have problems with that. I don’t see her as helpless. Someone has to be held accountable. “ feel there needs to be a consequence when there’s a death that could have been avoided.”

Bargy must serve her time at the Maury County Jail.