Wife blew away CPAP-wearing husband as he slept in a chair, then told cops she'd be waiting for them on her porch: Police

Background: The Cherokee Nation Courthouse in Tahlequah, Okla. (Google Maps). Inset: Elizabeth Poteete (Sequoyah County Sheriff's Office).

An Oklahoma woman told dispatchers that she would be waiting on her porch for police to arrive after she allegedly shot her husband to death.

Elizabeth Poteete, 70, was charged with first-degree murder after deputies from the Sequoyah County Sheriff's Office responded to her home on Feb. 6 and found her husband, 70-year-old Troy Wayne Poteete, sitting in a chair with multiple gunshot wounds. He was pronounced dead at the scene. According to a probable cause affidavit obtained by Law&Crime, Elizabeth Poteete told dispatchers at 11:17 p.m. that she shot her husband several times and said "she would be waiting for deputies on the porch of her residence."

Deputies said they attempted lifesaving measures on Troy Poteete, a former justice on the Cherokee Nation Supreme Court, but were unable to save him. Elizabeth Poteete allegedly told deputies when they arrived that she was the one who shot her husband.

After she waived her Miranda rights, Elizabeth Poteete told authorities that "she was afraid for her life," and she said Troy Poteete, his girlfriend, and another unnamed person were going to shoot her. After the purported threat, Elizabeth Poteete took a handgun out of a filing cabinet. As Troy Poteete was sleeping in a chair with a CPAP machine over his face, Elizabeth Poteete allegedly said, she shot him multiple times after retrieving a handgun from a filing cabinet.

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Police said earlier the same day, around 6 p.m., Elizabeth Poteete called 911 after claiming to see an unidentified man walking around her property. Deputies responded to the residence and conducted a search of the area. Police said nothing suspicious was found. They contacted Troy Poteete, who was not home at the time, by phone and told him what his wife reported. The deputies did not state how he responded, but wrote in the affidavit that they "believed [Elizabeth Poteete] was having a mental episode."

Since the fatal shooting took place in the Cherokee Nation, which both Troy and Elizabeth Poteete belong to, the case is now being investigated by the FBI.

Elizabeth Poteete was charged with one count of first-degree murder. She is being held at the Sequoyah County Jail without bond. Her arraignment is scheduled for March 3.