A former Chicago police officer who had argued that his attorney was ineffective when he was convicted in 2020 of fatally shooting his wife in their Spring Grove home was resentenced Thursday to 50 years in prison.
Lorin Volberding, 78, already had been serving a 50-year prison sentence for the first-degree murder of his wife, Elizabeth Volberding, on Feb. 3, 2017. It was her 68th birthday. The two met while both working as Chicago police officers.
But Volberding filed an appeal, and an appellate court agreed that he should be granted a hearing to determine whether his attorney in the murder case was ineffective. That prompted Volberding’s transfer from prison back to the McHenry County jail two years ago. The hearing took place, and the courts ruled against Volberding, who represented himself in the proceedings with the aid of an assistant public defender.
The late Judge Michael Coppedge, who presided over the trial and the hearing, set a date to resentence Volberding. The resentencing was delayed because of Coppedge’s sudden death and Volberding hiring a new lawyer who tried to raise a doubt to his mental fitness.
At Thursday’s resentencing hearing, Volberding’s new attorney, Jed Stone, cited his client’s age and multiple health conditions and asked that he be resentenced to only 20 years in prison.
However, McHenry County Assistant State’s Attorney Ashley Romito read impact statements from Elizabeth Volberding’s two children asking for the maximum sentence. Her daughter, Jennifer Tison, referred to statements revealed during that trial that were difficult to hear, including Volberding telling detectives, “She got what she deserved” and “Everyone should be shot on their birthday.”
Her daughter said that she witnessed “years of an abusive cycle” and her mother lying about it “to avoid his wrath.” Both of Elizabeth Volberding’s children said it put a strain on their relationships with their mother. Tison said she severed “all ties with them.”
“I love and miss my mother so much,” her daughter said.
Elizabeth’s son, Bryan Bahles, said Volberding kept his mother “hostage in her own house. ... It was never if he would do something [to Elizabeth] but when.”
Stone told Judge Tiffany Davis, who presided over the resentencing, that Elizabeth Volberding’s children “have an ax to grind” and their statements should not be considered when sentencing his client.
Romito said that the day Lorin Volberding shot his wife he was intoxicated, and afterward he called two neighbors. He left a message with one neighbor, saying: “I think I just shot and killed Liz. ... I couldn’t handle it no more,” Romito recounted.
Lorin Volberding left a message with the other neighbor that his wife was “lying in a pool of blood in the kitchen. ... I couldn’t take it no more,” Romito said.
Romito also said that in a two-hour interview with police, Volberding said: “I shot her right in the [expletive] head. She threw knives at me, was egging me on, telling me to shoot her, so I [expletive] did.”
In debunking recent claims Volberding has made indicating that his wife shot herself, Romito said Elizabeth Volberding was shot in the right side of her neck and that she was left-handed. Romito also said that after the shooting, Lorin Volberding made statements to a detective that he knew she was dead. When asked how he knew, Romito said that he replied, “I have a pretty good shot,” and was laughing.
Stone said Lorin Volberding has no criminal history before his wife’s death and was a Chicago police officer for 30 years who served with “honor and dignity.” He saw “acts of violence daily” in his career, from which he suffers post-traumatic stress disorder, Stone said. Volberding also has had cancer, coronary heart disease and hypertension and has had seizures, his attorney said.
“I believe 20 years to a man in his condition is more than enough to meet the constitutional standard and not be cruel and unusual,” Stone said. He added that he does not believe the state’s “evidence is overwhelming.”
“They tussled, they argued,” but it is unclear who fired the gun, Stone said. “We are asking for 20 years, asking for justice and mercy for an old man.”
Lorin Volberding also spoke at Thursday’s hearing. He said Romito’s argument “was a bunch of baloney” and “totally out of bounds.”
“As far as being abusive toward anybody, I never hit anybody,” Volberding said, adding: “No, I didn’t shoot my wife. She reached up and her thumb slipped, and the gun went off. I didn’t think I did anything wrong. I’m kinda getting a little sick and tired of getting blamed for other people’s actions.”
Davis resentenced him to 25 years for the first-degree murder conviction and 25 additional years because the crime was committed with a firearm. He must serve 100% of the sentence. He will receive credit for 2,730 days served, she said.