 Kimbirli and Barton had gotten in a domestic dispute the morning of January 16, 2003, and she was returning home to gather her belongings in order to move out, when Barton ambushed her by making sure the gate to the driveway was locked behind her.Barton then appeared and shot Kimbirli once in the shoulder, then in the back with a shotgun.Barton's uncle and 17-year-old daughter witnessed the shooting.