Charges Upgraded For Woman Accused in Ex-Husband's Murder

Published: Jul. 14, 2004 at 9:55 PM CDT|Updated: Jul. 15, 2004 at 2:50 PM CDT
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Alan (l), Jan (r)
Alan (l), Jan (r)

The ex-wife of a murdered Baton Rouge millionaire is now being charged with his first degree murder and headed for immediate lockup. Until now, Jan Waters was only charged with the second degree murder of 40-year-old Alan Waters. However, investigators found additional evidence to warrant the first degree charge.

9 News cameras captured what may be the last free moments of accused murderer Jan Waters as she walked from her mother's home. Earlier her attorney Mark Upton and Marci Blaize visited the home presumably to discuss Waters turning herself into custody. Earlier in the day prosecutors called the 12-year-old daughter of Jan and Allen Waters to testify before a grand jury. When it was over the testimony coupled with more evidence was enough to convince the panel that Jan deserves the death penalty.

"Well there was some additional evidence that was uncovered after she was arrested that warranted the grand jury to indict on first degree as opposed to second degree," said prosecutor Brent Stockstill.

The indictment simply reads "She committed first degree murder of Alan waters." Waters was found shot to death in his exclusive home in 20 White Oaks Subdivision. The kids are a key element in the case because according to court documents Jan claims to have had them in New Orleans at the time of the murder, but they told investigators that they were in Baton Rouge.

"It's certainly a difficult case but I think the way it was presented and the way the sheriffs office handled it -- it made it a little bit easier to indict," said Stockstill.

The first degree murder charge means Jan Waters could be facing the death penalty.