All right, so last time I talked about the recording and the murder. Now I want to talk about the defense story of what happened and why I had such issues with it.
I read this in the paper, so I don’t have the details I might have if I’d been there, and I wish I could have been. So what the story the defense told is as follows . . . .
It was Valentine’s Day. Jason and his girlfriend (who, in soap opera style, was the maid-of-honor at their wedding, and in news that doesn’t matter, her boyfriend was Jason’s former best friend), had decided to take his young kids to a Valentine’s breakfast at McDonalds before he went to work. However he had a bout of IBS and sent them without him and then called into work and said he couldn’t go.
He says that Sparky shows up after his kids are gone and they get into a huge fight and she threatens him, grabbing the bread knife to do it, and then storms out with it. Fearing she’ll return, he goes to get his pistol out of the gun safe which is why he has it. He claims that she returns a short time later, comes in with the knife and attacks him, and then he shoots her.
I had a number of problems with his story. First, I found it very hard to believe that he and his girlfriend would be taking the kids to McDonalds before school and before Jason left for work. Here’s why. He began work at 7 a.m., so he had to leave an hour early to get there. That means he had to get his two kids, ages somewhere between 6-10, out of bed and to eat before that. As a parent, I found that very difficult to believe.
Then there was his timeline. He didn’t text in to say he wasn’t going to be at work until after 7 (something my husband’s boss was called to testify about). So he knew he wasn’t going to work as early as six when he’d have had to depart, but doesn’t text his boss until after he was supposed to be there. Incidentally, the murder happened around 7 a.m.
Then there was the recording. She walks in and goes a few steps and there’s gunshots. No talking of any kind, no fight, no sounds of her attacking him with a knife.
Why was her phone on the counter? She was holding it as she walked in from the sound of things on the recording. You could hear it hit the floor when she fell. And along the same lines, why was the knife so loose in her hand when the backpacks in the other were so tight they had to pry out of her hand?
But there were a few other things that I haven’t mentioned. She’d made a habit of coming to pick up the kids before school when he wasn’t home, even though she wasn’t supposed to. I don’t know if that was a legal agreement or not. Apparently this made Jason very angry.
He’d switched vehicles with his dad the night before, saying he needed his dad’s truck. He left his car at his dad’s house. That meant Sparky had no idea he was home because the car wasn’t there.
But the big kicker was that this wasn’t the only recording. She’d recorded 12 other visits prior to this and the prosecutor played the first minutes of each time. They were the same. She knocked on the door and either walked in, walked down the hallway and talked to her kids and their grandfather—Jason’s father—(who seemed to always be happy to see her), or he answered the door and let her in.
Twelve times. Then on number thirteen, she walks in and gets shot. If she was planning to attack him with a knife, why carry the backpacks? She expected obviously her kids to be there, which suggests she wasn’t planning on a fight. Second, why record if she was about to commit a major crime like assault or murder? Makes no sense.
I find it difficult to believe that this wasn’t a premeditated murder. He got his kids out of the house. He made sure his car wasn’t there to warn Sparky. He lay in wait with his gun in the kitchen behind the refrigerator so he could shoot her as soon as she came out of the hallway. From the recording, she didn’t see him. He shot her before she knew he was there.
Clearly he wasn’t expecting the recording. He wasn’t expecting that his several minutes before the call to 911 would be heard by anybody, nor that he’d only checked her vitals to see how she was when he called. And no, I don’t think he actually checked her vitals.
I do wonder if I’d actually heard the defense and heard him on the stand, if I would have believed him. But I don’t know how he would have explained away the problems I see.
So that’s it. The whole part of the trial I saw and what I learned about later from reading the paper about his testimony.