NASHVILLE, Tenn. (WTVF) — Marie Varsos and Michaela Carter may not have known each other, but both suffered an almost identical fate back in 2021.
Varsos was shot and killed by her estranged husband in April, while Carter was shot and killed by her estranged husband in November of that same year.
This came only after both women had filed for orders of protection against their abusive partners.
Samantha Kaloi of the Tennessee Coalition to End Domestic and Sexual Violence says it’s part of the many dangers for victims trying to leave abusive relationships.
“We run into it consistently. My abuser even after I left was texting me things like, my guns are clean and ready for you. I have a bullet with your name on it,” Kaloi said.
Between Kaloi and Lizzie Rice, they make up part of the prevention team the coalition. They help victims plan their exit, which sometimes requires an order of protection and a firearm declaration meant to keep firearms out of the equation.
“Just because we’re taking measures to keep people safe in some instances, that doesn’t necessarily mean it’s going to impact their Second Amendment rights,” Rice said.
But that’s the argument now in front of the United States Supreme Court in US v. Rahimi.
The case boils down to the question of: should someone facing an order of protection, also lose access to their guns?
NewsChannel 5 legal analyst Nick Leonardo has presided on these order of protection hearings in the past but says his biggest concern is that there’s virtually no follow-up with these declarations to make sure abusers don’t have access to guns.
“The problem is that there’s no one checking up on this. So, it’s kind of a paper tiger,” Leonardo said.
“Absolutely, yes. We hear a lot of things like an order of protection is just a piece of paper. Especially to someone who is incredibly dangerous,” Kaloi said.
Weeks before she was killed, Marie Varsos recorded herself returning to the home she shared with her ex to pick up her belongings.
Shaun Varsos met her at the door and refused to let her inside.
The two struggled before Shaun choked Marie until she was unconscious.
Shaun held Marie at gunpoint when she finally came to.
Marie would eventually convince Shaun to let her go, before racing to Metro Nashville Police and reporting what happened. She filed an order of protection the next day.
Michaela Carter filed her order of protection after she said her estranged husband James Leggett beat her with a whiskey bottle.
Both men had orders demanding they give up access to firearms, only to shoot and kill the same women who sought protection.
A WPLN News and ProPublica joint report on domestic violence shootings in Nashville since 2007, found that of the 75 people killed, nearly 40 percent died at the hands of someone who was not legally allowed to have access to guns.
“I mean the intent behind the law is a positive thing, but if you filled it out and said I don’t have firearms and the truth is that you do. There’s no one who is checking,” Leonardo said.
We asked Leonardo, “If there’s no one checking, then what’s the point of having this be a component of the order of protection?”
Leonardo replied, “There are many holes in the law and that’s something the General Assembly could take up.”
Massachusetts for example, requires those served with an order of protection to immediately surrender their firearms to law enforcement.
Tennessee has no such policy.
The only time law enforcement knows an abuser still has access to guns is when they’re called to a home, probation officers are involved, or if someone commits a crime.
“So, even though that law is there, it doesn’t have any teeth or enforceability,” Leonardo said.
That hasn’t stopped groups like the Tennessee Firearms Association from writing a response to the Supreme Court challenge in US vs. Rahimi.
They say these orders unfairly limit access to a constitutional right for someone who may not have been charged with a crime.
That’s because these orders of protection are civil issues in Tennessee. This means someone can request an order of protection that forces another person to give up access to their firearms, even if guns were never involved in a threat.
“Probably 20 percent or less of the orders of protection, actually involved the use of firearms or the threat of firearms,” Leonardo said.
Second Amendment activists have drawn parallels with red flag laws, but victim advocates say we shouldn’t confuse the issue to keep lawmakers from better-protecting victims.
“I think that it’s an important and valuable right. I want to make sure that’s clear and at the same time, all rights come with responsibilities. When a person has shown that they are not responsible or that the worst case they show that they are lethally dangerous, then I think that should be taken into account,” Kaloi said.
“Any kind of gun regulation is seen as punitive. In this case, it’s not punitive. It’s a safety measure,” Rice said.
If these victim protections are upheld in our nation’s highest court, the question then becomes: what will Tennessee do to protect the thousands of victims who rely on these orders for protection?
Leonardo says verifying access to firearms and creating a system won’t be cheap, but considering what’s at stake, Kaloi says we can’t afford to do nothing.
“Lives are at stake. This is people’s lives. It’s their safety. It’s their well-being, but it is their lives in the hands of these decision-makers. I would hope that they gold that with the level of gravity it deserves,” Kaloi said.
Metro Nashville Police recently instituted policy changes including making sure body cameras are turned on when victims of domestic violence are given information on shelters and counseling.
Officers are also required to send “Be on the lookout” alerts for anyone who may violate an order of protection.
I have been covering domestic violence, Tennessee domestic violence law and legislation for the last three years.
This came on my radar after Debbie Sisco and Marie Varsos died. They were both killed by Marie’s husband Shaun back in 2021.
Shaun had strangled Marie a month before the shooting and was later arrested. Marie filed for an order of protection, but that wasn’t enough to keep Shaun from tracking her down at her mother’s home.
Alex Youn is Marie’s brother and Debbie’s son who’s been advocating for GPS monitoring ever since.
That bill went into effect starting July 1. It meant GPS monitoring as a condition of bail for certain domestic violence and aggravated stalking charges. This would be a device worn by and paid for by the offender.
For those who have questions, email levi.ismail@newschannel5.com.
We know getting help may seem daunting, scary and complex. Below are some jumping-off points in your county.
All counties: Morning Star Sanctuary - (615) 860-0188 / Nurture the Next - (615) 383-0994 / The Mary Parrish Center - (615) 256-5959 / YWCA Nashville - (615) 983-5160
Bedford / Coffee County: Haven of Hope - (931) 728-1133
Cheatham County: Safe Haven of Cheatham County - (615) 681-5863
Cannon County: Cannon County S.A.V.E - (615)-563-6690
Clay County: Genesis House - (931) 525-1637
Davidson County: Family & Children Services - (615) 320-0591 / Family Safety Center - (615) 880-1100 / Jean Crowe Advocacy Center - (615) 862-4767
Dickson and Hickman Counties: Women Are Safe (931) 729-9885
Giles County: The Shelter, Inc. - (931) 762-1115
Grundy County: Families in Crisis, Inc. - (931) 473-6543
Houston / Montgomery Counties: Urban Methodist Urban Ministries Safehouse - (931) 648-9100
Maury County: Center of Hope - (931) 840-0916
Robertson / Sumner / Wilson Counties: HomeSafe Inc. - (615) 452-5439
Rutherford County: Domestic & Sexual Assault Center - (615) 896-7377
Williamson County: Bridges Domestic Violence Center - (615) 599-5777
