A fatal shooting in Sparland Saturday night may end with the alleged shooter sitting on death row.
Authorities today released more information on what allegedly happened that night between an estranged boyfriend and girlfriend.

A roadside memorial now sits at the scene of Saturday night's shootout in Sparland.
But police were called to the intersection of Routes 17 and 29 for a different reason.

" 911 call from Judith Berchtold saying she was in an automobile crash and her vehicle was being rammed," said Illinois State Police Sergent Tony Halsey at a late morning news conference.

Police say Berchtold's estranged boyfriend, Tony Smith, was in a separate vehicle with a shotgun in hand.
An autopsy shows the 49–year–old Berchtold, a mother of four, died from a gunshot wound to head while also suffering from multiple gunshot wounds.

"Well, first degree murder and the state is also looking to see whether this is death penalty eligible," said Marshall County State's Attorney Paul Bauer.

By the time police arrived, they say Berchtold had already been shot.
Authorities say Lacon Officer Dennis Minton warned Smith to drop his shotgun and when he didn't he fired one shot that hit Smith in the chest–stomach area.

"Mr. Minton did nothing wrong. If anything he did everything in his duty to solve or calm the situation. And, there will be no charges against Mr. Minton," said Halsey.

Police say they are still investigating the circumstances that led up to Saturday night's shooting. But, they say they do have about a dozen witnesses who saw it all unfold.

"As far as we know, they were boyfriend–girlfriend. There are still a lot of witnesses to interview yet. We have no knowledge whether they were going to break up or what," said Marshall County Sheriff Rob Russell.

The last Debbie Hougland a bartender at Twisters in Lacon knew, the couple was engaged.
She says she served Smith two beers Saturday afternoon and is shocked by what happened that night.

"He was quiet but you couldn't tell. He wasn't being mean to anybody or yelling at anybody. 41 I don't know what happened after he left here," said Hougland.

And, authorities say they've never had any problems with the couple before Saturday night.

Tony Smith is currently in a Peoria hospital being watched by Illinois State Police as he awaits first–degree murder charges.