blog home Criminal Defense North County Jury Deliberates Over Wife’s Murder Retrial

North County Jury Deliberates Over Wife’s Murder Retrial

By Criminal Defense Attorney on October 8, 2015

On the morning of August 7 of 2012, an argument broke out between Julie H. and her husband, Jason. There in the couple's master bedroom, Julie claims she feared so much for her safety that she accidentally shot her husband. Jason died from the fatal gunshot wounds.

Now, more than three years later Julie is facing her second trial—a retrial of the initial murder case. The retrial began on September 14, with the closing arguments taking place just this past Tuesday and Wednesday. But there are some conflicting stories and interesting pieces of evidence that the North County jury will have to wade through as they begin their deliberations.

Previous Murder Trial Ended in Deadlock

Last year, Julie went through the first murder trial, where a different jury different jury cleared her of first-degree murder, but deadlocked in favor of acquittal for the second-degree murder charge. When Julie took the stand in the retrial, she recounted her husband's abusive and cruel treatment leading up to the incident. Julie even claims he sexually assaulted and raped her.

Supporters and family members of Jason were outraged at the accusations of abuse and anger issues. Jason was a popular math teacher and volleyball coach for Carlsbad High School.

Vista Jury Must Wade Through Contradictions

While Julie initially admitted she fatally shot her husband back in 2012, she pled not guilty to second-degree murder and testified that the incident was an accident brought on by fear.

The prosecution hasn't accepted this explanation, however. In fact, they claim that Julie lied on the stand about shooting her husband out of fear. The prosecution believes that she opened fire on her husband deliberately and with the intent to kill, as the bullet entered his body from the side.

They used this evidence in their closing argument to demonstrate that Jason was trying to get away, not coming towards the victim. They also pointed out that she didn't call 911, fled the home with the couple's children, and even hid the firearm, which has still not been recovered.

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