Okay. I know I introduced myself earlier um but we talked. Investigator Wade and this is ADA Parish. Okay. He's with the DA's office. >> Good morning, Miss Co. Oh, I apologize to you for not introducing myself earlier tonight at your house. >> Um, so I just got to read you this real quick. Okay. Um, you have the right to remain silent. Anything you say can be used against you in the court of law. You have the right to talk to a lawyer and have a lawyer present with you while you are being questioned. If you cannot afford to hire a lawyer, one will be appointed to represent you before any questioning. If you wish, you can decide at any time to exercise these rights and not answer any of these questions or make any statements. Do you understand each of these rights as I I've explained them to you? Okay. Having these rights in mind, do you wish to talk to us? >> I'll talk to him. >> I know. I know. And that was just kind of just talking to you in the beginning. Um but now um we kind of just have some other questions for you too. Okay. >> I have to answer them and I'll answer them correct. >> That's correct. >> I'll answer what I can. >> Okay. All right. Um and I have this here. This is the same thing. It's just the um same Miranda warning. Um, if you just want to sign um sign your name right there for me in that line. And then how many years of school have you completed? [snorts] >> Um, high school and then then I was just getting my insurance license and things like that. >> Okay. So roughly how many? >> I graduated in the middle of 19 years. So >> okay. So if you just want to write, just write that down. The rest of the stuff >> um fill out. >> What's that? I would rather >> All right. Go ahead. Yeah, then go ahead. Just write your name up there for me. Um, write your social, um, your address, your telephone number, and then, um, your date of birth, age, and then that stuff. All right, Sher. So, I know you told me about um yesterday um in the events leading up to yesterday until tonight, but if we can back it up, I guess, and start from Monday. Um just kind of go through your routine with me, just kind of tell me. Um take me through your day starting from when you first wake up, make sure you go to work, come home, usually up about 5:30. Get up, get ready for work. Luke had gone to the gym Monday, I think. Yeah, he went to the gym Monday. No, we didn't go to the gym Monday. He went to the gym yesterday. What? Tuesday, whatever day that was. And it I woke him up and I was getting ready to leave for work because he's self-employed. So he doesn't he doesn't really have to do a whole lot like I do to get ready. So >> he just gets up, jumps in the shower, grabs a cup of coffee, and you know, fix his breakfast or whatever and talk to me on the phone on the way to work. >> Um we had a normal normal conversation for us on the way to work on Monday. Um, I went in and opened the women's imaging center and for the first hour I'm by myself, so it's like I'm slammed with stuff. >> And then um when it dies down, I'll usually text him and text other people that I talk to. Good morning. Um >> I mean I don't mean to interrupt you at all, but um like about how long did it take you to get from your house? >> 30 minutes if I don't hit the train. >> And what hours do you work? What time do you have to be in to work? >> I'm a team lead, so it just depends on where they need me. Right now it's 7:15 or seven most of the time because the biopsies are already there waiting >> until 3:30, 4:00, 4:30. Just depends on how long they need me because we've got we're so short staff right now. >> And that's why I really need to make sure they know I'm not in the morning. >> Okay. >> And I'm sorry to interrupt you. Just occurred to me. I've never been to my face. So I didn't put But you said you text other people the morning. Yeah. >> Once things once things slow down at at at work and I'll text other people. Good morning. >> Okay. >> Then going from there, what I guess how did your day progress on Monday? >> Well, then it usually gets busy again and doesn't slow down until probably about 10:30, close to 11:00. um sometime some sometime between 10:30 and 11:00 I'll try and get a hold of him, try and message him, but he's on the job site sometimes, so he can't answer me or he can't can't respond right away. And um I'm sure I text him that day. because I was making um plans for the week and um [clears throat] he disagreed with my plans for the week and said it made his stomach turn. And I said, "Okay." I was asking, I wasn't telling. I was asking permission. >> What were your plans? um to get together with a male friend of mine and he said that he felt like that was a little bit too much in a week's time and that it made his stomach turn and I said well you know I said it seems like since we went to the open side of things we've argued more than anything and I said let's just stop let's just don't do it anymore just yet. >> Um, I kept pushing him about it and I had him send a message to whoever he was talking to at the time to let them know that. And um, I had to wait to send my message until Tuesday because the person that I speak to couldn't talk on Monday. Um, >> okay. Was that the male that you were talking to? Okay. >> And um we just [clears throat] um I suggested that we spend some time together Monday night. And um he said that kind of made his stomach turn hearing me talking about meeting up with somebody else and then us spending time together when I mean, that's what we did. The week before, we both had people over at the same time. And then again, Saturday night, we were supposed to be having a small party Saturday night, and because the weather, it all fell through except for one couple that came. Um um everything went fine. Everything was fine. Sunday. Um we got up and we went to um went to pick up my prescriptions at the pharmacy in Peach Tree City and then went to eat Mexican across the across the street. Um then we went to Fairburn or Fagatville and played pool. It was Father's Day and neither one of his kids had anything really planned for him. So, we just went and played pool for a couple hours and went home and everything was fine. We went to bed that night and everything was fine. We woke up that morning. >> What time did y'all typically go to bed or did y'all go to bed on? >> Probably it might have been about I think it was probably about 8 because we laid in bed and watched something on Netflix for a while. watched a couple of episodes of Something We Found on Netflix when um then we went to sleep and I got up the next morning to of course his gym alarm went off and he turned it off and rolled back over and um I got up started getting ready for work and started the coffee and got in the shower and got ready for work and went to work. He was still he was still sleeping. I kept trying to wake him up. Finally, I got him up, you know, about 6:30, right before I was getting ready to leave. And um I was quiet Monday because I was kind of [clears throat] we didn't really we didn't really talk it through Monday. I was just quiet and getting my stuff done around the house and then, you know, that was it. I mean, I went to bed. >> You may have said this just a minute ago, but what time do you typically get off going in that? That would be really early for me if I had to go. >> It depends. >> Okay. >> It depends on how late they need me. It could be 3:45. It could be 4:00. It could be 4:30. It just depends on how busy they are >> because we're short staffed right now. And um the person that usually stays open until 4:30 is not there. So, if I can get out of there at 3:45 or 4, I do. If I can't, then I stay until 4:30 until that the person that's closing is comfortable. And so, I guess on Monday after the and I guess I should just say by no question I ask you, do I mean to make you uncomfortable anything? Because I know my personal life. I want to say that from the outset, you know. So, um, you had messaged him about meeting up with someone and and he kind of shot that down. >> I was like, "Okay." >> Cuz it was a question. It wasn't I wasn't telling him I was going to do it. I was asking him if it was okay with him and what day would be okay with him. Did you always have to ask him if it was okay or did you guys have any rules or >> Yeah, we had a lot of rules over a year's time. We've worked out a lot of rules, but um we always got to those rules because of some type of issue or something. And that's that's the reason Monday I was just like, you know, let's just don't do this anymore because it seems like every time we get into heated discuss, you know, and by no means have we ever laid our hands on each other or anything like that. >> Um, but every time we would get into an argument or heated discussion about it, it had to do with that part of it. Now, did he ever ask ever have to ask you for permission to >> Okay. So, it wasn't just one-sided. >> No, it was I mean, he would he would plan something and then he would be like, "Have you got anything going on that day? Are you okay with this?" And and that would be it. >> So, if you said no, would he not do it or would he follow through with it? >> No, he would not do it. just like he told me no and I I was okay with that. I said okay. But when he told me that it kind of made his stomach turn, I was like that's when I told him I said let's just don't do it anymore. How did he he know this um this person that you were messaging with and you knew the person he was messing with? >> Yes. And they had their was there some prior history or kind of friction between >> No them. >> No. Um did you ever message her or anything or text her within the last few days? >> Well, yeah. who sent her that that message and she and I had been the one one the particular person um she and I had been working to we've known each other for years and we had been working to develop a a better friendship so that I would be comfortable with him >> seeing her out um I had finally gotten to the point where I was comfortable with that um I wanted to let her know after he sent her the message and told her that we were stepping back from it that it had absolutely nothing to do with her because I had just told them that it was okay for them to to do that >> and that, you know, she was a friend and and I respected her as a friend and I wanted her to know that it didn't have anything to do with her. Now you mentioned earlier that it had a lot of rules developed over the year. So it's just now been within the last year that he made the decision to be more open. And was that a joint decision or was it encouraged by you more than >> kind of him for me and I told him that it wasn't fair for me to do it if he if he didn't do it. >> Okay. So he >> So he wanted you to step out and be with other men. >> Okay. And how did how did that make you feel when he approached you that? >> Not that I mean it didn't bother me. I mean because we were already actively in a lifestyle where at parties or clubs or things like that we would switch partners. So, it didn't it didn't really bother me. Um, we had had a rough year before that while I was going through menopause and my hormones had finally we finally got them even and they were more than what he could handle and that was the reason that he made this suggestion that it wasn't because we were lacking in for our marital relationship. I mean, it actually added a little bit of excitement to it. But, you know, I and he we talked about it Tuesday while I was at work and um I was in a slower area cuz so I was able to text back and forth with him and kind of convinced me to let's you know back up, slow down, but stay in in the open side of things. Um um he said he felt s he felt like a fool because he had he had already sent the messages to those two girl women and I told him I said it's okay I'll take care of it I'll send it I'll send them a message like no it was me you know that I was overreacting and it was me and they both sent me one back saying that they understood completely. >> Is that one cuz I know you told me earlier that you all were not speaking to each other in an argument. Is that what that whole thing was about or was it something else? No, he has always had a habit and we've been working on this of um sharing too much information. Um, or if he and I talk about a conversation that I had with someone, then he'll turn around and say something to that person about the conversation, which causes problems with me because it's like, you know, I wasn't I had that conversation with that person. I was just sharing some things with you because you're my husband. And I mean, I couldn't couldn't trust him to keep his mouth shut and not say anything. And she had text me after he sent her a text yesterday and told me that he had let her know that um I had talked to him about or told him that she and I had had a conversation on Tuesday. And um then he wanted to try and get together with her and um she said, "I haven't responded. I wanted to see how how you were with this." Well, it was misunderstood. Uh it it was all a big misunderstanding, but usually he has no problem. If if I ask him if he did something, he'll screenshot the conversation and send it to me. And he just wouldn't do it. Wouldn't do it. Wouldn't do it. Wouldn't do it. And I just I told him I said I felt like we were going backwards instead of forwards because he said that he would not be doing those things anymore. Um because I was actually proved wrong this time and he did not didn't say it. She misunderstood what he was saying. He got extremely upset with me and um we text back and forth. a lot of unread text, a lot of responded text, a lot of more unread text or more texts from me. Um or read text that he wouldn't respond to and um so he came he said he was too upset with me yesterday to talk. So, he came home and he loaded up his bike and he took it to a friend's house. And the only way I really knew what he was doing is because I went out to the garage to see if he had taken his taken the bike that's ridable or the one that had to be worked on or if he was what he was cuz there's always so many vehicles there. I didn't know. I mean, all of his trucks were there. So, I went to look in the garage and he was gone. and the panel was so I sent him a message and I said whenever you if if you're here or here at these two people's houses that would help him with his motorcycle. I said, "If you're at either one of these places, can you please wait until at least 9:00 to come home so that I can go I can be asleep when you get home?" Because he wasn't talking to me anymore and there was no more communication. He was just livid with me. And um so I went to bed last night probably before it was still daylight outside, but I had my curtains, my blackout curtains up and um [clears throat and cough] probably finally fell asleep about 9 with the TV on. And um he still wasn't home. And since we live where we do and we don't lock the doors, I, you know, was like, I don't know being coming home. So, I took my pistol out and stuck it on a nightstand where I could get to it if anybody came in or and um and I he sent me a text when I opened it this morning. It was he sent it at like 10:45 and said that he was broken down. The bike was broken down. and was trying to get it running so that he could ride it back home. Um, it had to be sometime after 12:00 cuz I got up to go to the bathroom and then got back went right back to sleep and he still wasn't there. And then I woke up later in the middle of the night and he was rubbing my arm, but then it was almost like he figured out what he was doing and and pulled back cuz we usually sleep right up against each other and when we're having issues, we're on both sides of the bed instead of on just his side of the bed. And um my alarm went off this morning. I got up. I got ready. I made coffee. Um I left him in bed. He didn't get up to go to the gym. He been out late messing with his motorcycle. I didn't know what his plans were because we had not talked and there was no conversation like we normally talk about. Okay, well, what time do you want to get up? What? You know, and that conversation didn't happen. So, I just got up, got ready, and went to work and worked all day. Um, he waited until sometime around 3:00 to text me and said he was ready to talk, that he had just needed some time to cool off. And by that time, I was upset because of the way that he was reacting yesterday. And I told him that I had some things to do after work. And if it wasn't too late when I got home, we could talk then if I if I was up to it because I had had some time to think too and I wasn't ready to talk. So, I ran my errands after work, went to the grocery store, came in, and um I had picked up a Topaca Angry Orchard, and um I he's out he was out in the shop with Levi, and they were messing with his pan head again, trying to get it running. And um I went in, changed clothes, grabbed an angry orchard from the refrigerator out in the garage and went sat on the screening porch and um drank it and flipped through Facebook, tried to call my mom several times and didn't get an answer. messaged her because I was worried cuz her phone was going straight to voicemail and she lives in Phoenix City and she's probably trying to figure out where the heck I am right now cuz I did call her. >> But um she u she know I left several messages for her. I text my daughter cuz today my granddaughter's birthday and um then I was texting back and forth with an old friend that showed up on Facebook. I was messaging back and forth with him and um seeing how he was doing because I know that he and his wife had gone through a divorce and he was explaining to me that they you know they were still quite close or friends but they just couldn't make it as a couple. >> I'm sorry. >> Do you need anything? Are you good with water? But um and I guess I I probably had about I think I had five angry orchards and he was still out in the shop. The music was blaring from the shop. I was like, "Okay, I'm I'm just I'm not feeling too hot. I've had too much today. I'm going to lay down. I'm take my medicine and go on and go to bed." Well, >> what time was that? 7:15 maybe which is not out of the ordinary since it you know I have to get up so early. Um, >> and was so was Levi still out in the shop with >> And now I heard his truck leave at some point while I was still out on the back porch. And um then I I went in, took my ass and brushed my teeth and got in bed and got comfortable, turned the TV on, and fell asleep because I had been, like I said, I I had a little bit too much anger, so I went to sleep very easily. >> Yes. And when I took the quantif that and the finan >> how long have you been taking um >> quantif years? >> Years I can't I can't even tell you when I started taking it. >> Um >> you take it every night faithfully. >> If I don't that doesn't go well. I don't I don't sleep. I mean, I have friends that swear by it. So, I mean, I I just curious. >> That's I mean, some people take it for an anxiety medication. I take it so that I can like cut my brain off and and go to sleep and stay asleep because I was having trouble going to sleep. And then I was waking up in the middle of the night and having trouble going back to sleep. And so, they put me on the my doctor put me back on the quin for that. Yes. >> And you've kind of been on the same dosage for a good while now. >> And >> the fog and I only take when I'm feeling like I'm going to get a headache or I'm nauseous and um kind of felt that way this week with us, you know, fussing back and forth. But like I said, I felt that way because there was no verbal communication. And there was no talking. >> And um I felt to tonight like, okay, well, I guess I made him change his mind when I told him I was going to do things and he's he's going to stay up in the shop. And so I went on to bed and I said I fell asleep pretty quickly. Usually I do after I've taken that and especially if I've had something to drink before. Um, but all I remember at that point is the because I closed the bedroom door and cuz I was trying to block out all the light that I could and all I remember at that point was the bedroom door flinging open and into the into the wall and it it it startled me. I couldn't see anything. I couldn't see who it was. I was half asleep. >> Was the TV on at that point? >> Yes, the TV was on. >> Okay. Was the bathroom door open at? >> It was closed cuz that lets light in. So, but I had the TV down, the volume down on the TV and just I had it going. And I was laying on my side though, so I didn't I wasn't really paying attention to it or anything like that. And when when the door swung open, I all I could think of was, you know, somebody's come in the house. You know, somebody's that's what that's why that gun is there. That's why he bought me that gun was to protect myself. And I had it out last night because I was home alone. Well, I didn't know whether I was home alone or not at that point. So, I grabbed it and I I shot I saw a figure and I shot once and then I shot again and when I shot the second time, he said my name and I was like, "Oh my god." Yeah. I I just I I dropped everything and and he's like he said you shot me and I couldn't see where I had shot him and it looked like it had grazed his arm and then I lifted up his arm and saw that it was right here and he started telling me he was having trouble breathing and I called 911 and they told me to put a towel on it and they said if that towel got too soaked to get another towel and I was running back and forth getting getting the towels and putting it on there and I mean he was he was literally talking to me as the EMTs were coming up the stairs and it stopped that fast. I mean I I kept holding pressure on it while they were getting their stuff out and then I moved out of their way so they could do what they needed to do. But it just it all happened so fast. I don't time and when he came in the room, did he say anything? When he opened the door? >> No. When he first opened it, he just swung the door open. >> Okay. He didn't say anything. >> No, >> he didn't make any noises or anything. just I heard foot I heard thunder footsteps and the door slung open and hit the wall and I just reacted. I I I didn't Yeah. I I didn't I didn't think I just reacted because it scared me. And when when he came in, did he close the door behind him? >> I don't know. I I don't think so. >> I don't think so. >> The door was open when when I went to him. >> Mhm. >> So, I'm assuming he didn't close the door. And again ask I know it's a personal question but what do you typically like or what were you wearing at the time that all of this happened? >> I didn't have any clothes on. My clothes were in in the chair. We we don't sleep with clothes on. M um and so the clothes that you were wearing when the EMT the EMTs got there I guess you just got them from the chair that you just >> I got them from the chair and was putting them on as they were pulling in the driveway holding one hand on that on the putting pressure on it and putting my clothes on. >> I mean it wasn't that hard to pull it back over my head. >> Yes sir. >> And it was right there. I didn't have It's not like I went to a dresser to get anything. It was right there in the chair. It's the same thing that I put on every afternoon when I get home from work. >> And on I guess >> I lost track of what day this I guess >> Thursday. So on Wednesday, so yesterday, >> you said that you had um left work and told him you were going to go run some errands. And so other than >> and and I told him, he asked me what I was doing. And I said, "It has nothing to do with sex. I said, I'm just going to do some me stuff." which because he was so elusive the day before about telling me where he was going and he didn't tell me at all. I I just, you know, left him hanging on it. I was taking stuff back to the UPS store to send back to Amazon and going through the grocery store. But >> did you kind of want to make him think that you were doing something um to kind of >> No, I just because yesterday when I told him I wanted to sit down and talk, he said he had plans. >> Mhm. >> So today when he said he was ready to talk, I said I had plans after work. >> And if it wasn't too late when I got home that we would do it, that we would talk. I was going to go get my nails done, but I decided to just forego that and go go on home so that we could talk and he stayed up in the shop. So, I just >> So, how did that make you feel when you came home and expecting, you know, kind of talked to each other and he just kind of stayed out in the shop, I guess, with his son? Well, >> I guess we'll get to it eventually. Yeah, but I I sat like I said I sat out on the back porch and I drank about five angry orchards. Yeah, five angry orchards. And >> about what time did you say you got home? It was after 5:30 because driving from Fagatville to the UPS store at Publix at Thomas Crossroads and then coming through the traffic and hitting the bypass and go I went to um Food Giant. Little Giant. I went to Little Giant and got groceries and got stuff to make dinner. And um then I stopped at the Crossroads store at Macedonia and Rosco Road and got cigarettes and headed home the back way and I said when I got there and I was getting the groceries out of the car, Levi came down and said, "When you go in, would you put that put the bottle of wild turkey back in the freezer? Dad sent me to get him a shot and I couldn't find his glasses any shot glasses. Okay. So, I went in, I put up the groceries and put the put his wild turkey back in the freezer, changed my clothes out of my work clothes and went and sat out on the back porch. I decided, you know, we eat leftovers or he can get he can eat leftovers or whatever. A lot of times I don't eat at night. Um, so after, like I said, after he was still up there, wasn't coming down and kept turning the music up louder, I was just like, I'm just I'm just going to bed. I'm done done with the day and took my medicine to bear. And I guess I guess going back to the the messages between the two women that he was messaging with and he had sent them a message and then you sent them a message and you said earlier that he was livid that you had done that. can >> he he was upset that I had made him send a message that I had pushed him to do that on on Monday, but I didn't feel like I I it just didn't feel right. It felt like it was something that was causing arguments between us or, you know, fusses between us all the time. And it it just, you know, we were wasting too much of our time trying to figure out how to spend time with other people. >> And I didn't want to do it anymore. And then Tuesday midm morning, we're talking back and forth, back and forth, back and forth, and somehow or another, we end up that we're going to go back to it again. So, I sent a message to both of the ladies and let them know that, you know, it was me. It wasn't it wasn't him. And I was, you know, having an emotional day, you know, write it off to emotional days and, you know, to to take it off of him so that he wouldn't like it look like a fool for sending the message because that's what he told me. He said, "You now I look like a fool because I sent that message." Okay, I'll fix it. And I let them both know that it was me and not him. And um the one in particular that I developed a friendship with is the one that let me know that he didn't turn right around and sent her a message and said, "Hey, it's me again." And you know, I heard I understand you and Cheryl talked yesterday and or I understand you and Cheryl talked or something, but she thought it was about the conversation that she and I had had the day before that I had talked to him about and it she mis she misunderstood it and relayed the misunderstanding to me and that's when I accused him of going back to doing the same thing that he used to do, which was talking too much. But I mean, we we were working through that. We were working on it. It was getting better. You know, we both had things that we had to work on and we both had certain issues. So, yeah, we were we were working on those because we loved each other. We're supposed to be together, you know, we're we spend most of our time together and and it doesn't particularly seem fair, you know, and correct me if I'm wrong as far as timeline cuz my days are a little um muddied. for him to tell you that it turned his stomach to think of you spending time with this person on Monday >> and then Tuesday it's all good again and he had he's messaging these two women and then making you fix it basically or make him cover for him. I can understand what he didn't make me fix it. I offered to fix it because he made me feel like it was my fault that you know he was embarrassed. So I offered to fix it and take that off of it. >> And so after after that after you fixed it and then he began messaging your your friend again. Um, and there was the confusion. I guess if you weren't earlier you said he had messaged on Tuesday and had just left with his bike that needed to be fixed, right? And you said if you're with this person or this person, be careful or whatever. And so if you can explain to me the time frame between him you messaging your friend say that was me. I was having an emotional day and then him reaching out to her realizing there's this misunderstanding between which conversation she's thinking of >> within a couple hours. Okay. And then at what point did you and he have the opportunity to have a conversation about the misunderstanding and what you described as you being wrong? >> Um, it was nothing but text because I asked him if we could sit down last night and he said he already had plans and didn't tell me what the plans were or anything like that and I was already sitting out on the back porch. um when he got home and he never came around, you know, I sent him a message. I said, "If you want to talk, I'm on the back porch." And um he never came in the house. He never came in the back porch. I heard them moving the equipment around. And then, you know, moving one trailer here, one trailer there, and then I heard Levi's truck leave. And I guess Leo took him to take the bike because like I when I heard all that and then I fig okay they're gone or one of them's gone. So I went up to the shop and to figure out what was missing to kind of piece together what what he was actually going to do. And when when the bite that he's been working on that's been messed up was missing. I figured he was going to either one of two people to help him. And I I just said, you know, okay, since you don't want to talk, at least wait till after 9:00 before you come home so I can go before you get here. >> Where is that place that he would have take? Was it here locally? >> Yeah, he has two friends that help him with his bikes. Sh. What color band does it have on there? >> If he wears one, it's a charcoal gray. >> Okay. >> Um, if he wears it. He doesn't wear it that often because he's gotten it hooked on things. And it's it's a stone. It's made out of a stone and that like breaks away. And so it's it's broken several times. We have a box full of them that we just order the whole box off of Amazon and he pulls out the ones that fit his finger until it breaks or he loses it and then he he'll put it back on well or wor but he don't like I said he doesn't always wear it um when he's working because he works out clearing land and you know with equipment and things like that. And when they were clearing trees from the tornado, he got it hooked on something and it it ripped a part of his finger, so he wasn't wearing it for a long time. >> Um I know when I spoke to you earlier, you said that um you were laying down. Um, you had put the gun on the nightstand. Um, cuz you were home alone. Um, and you said that he or someone came in the door um, slung the door open and then um, you stated that they were yelling or screaming or saying something. Um, that >> I didn't know it was him until he yelled that I had hit him. He wasn't really I mean, he just slammed the door open. I heard thunderous footsteps and then the bedroom door slam open. >> Okay. So, Okay. So, you're saying that he didn't make a sound, didn't say anything. The door just slung open. Um, and at that point, >> that's all I I mean, at that point, I reached for the gun. >> Okay. >> Um, and then you said you fired two shots. >> I'm obviously not a good aim because I fired once and it hit the ceiling of somewhere. I couldn't even see where it even hit. And then the second shot is when >> and I fired the second shot to what I thought was the right of whoever I mean I thought I'd be hitting the TV more than anything else because I was I wasn't trying to I was trying to get get Luke's attention out there more than anything and so that he could come in and take care of it cuz I'm not that good of a shot And I I I didn't even until until he said, "Cheryl, you shot me." and and and he's he's like this and and I turn the light on and I'm looking trying to find where and I saw blood on his arm and I thought maybe it had grazed his arm and then he lifted his arm and that's when I saw the hole and I started putting pressure on it and called 911 and everything happened so fast from that point. And I just kept, you know, telling her saying, she kept saying that the sheriff's deputies were on the way. And I told her I needed EMTs. I didn't need sheriff deputies. I needed paramedics. And and the sheriff deputies could come later. I didn't want them there first. I wanted the ambulance there first. And I kept putting pressure on it until they got there. And while they were while the EMTs were getting their stuff out, I held pressure on it. And then when they were ready to step in, I backed off and the sheriff's deputies took me outside. >> Okay. >> Did you ever wash your hands after that? >> No. >> Okay. >> And after you um had the the beers on the back porch um and decided you were just going to go to bed. Did you shower before you went to bed? I normally shower in the morning unless I work out, which is not very often, but it No, I just went to bed. Okay. And then the cup um that you said there was some water or something on the bed. Um how did the cup end up all the way on the other side? >> I I don't remember. I don't I do not remember. I remember the I I remember the cup being on the nightstand because I had it there because that that's why my cough was there cuz I wake up. >> What color was that cop? Do you remember? >> It was either the camo one or the bulldog one, but they're both black with something on the outside and I can't remember which. >> Did it kind of look like it was plastic? Maybe. >> Yeah, it is plastic. >> Yeah. >> Okay. There's a plastic cup. >> And what was in that cup? Do you remember? >> Water or pink lemonade? Um I got up and did it and made it in the middle of the night last night. So I don't I It's watered down pink lemonade. The the flavor packs. >> Okay. You added the flavor packs to it. >> Mhm. Okay. Um, so did you make it before you went in and laid down to go to bed? >> That was from last night. >> That was from the previous night. Okay. But you don't know how it got across the room on the floor. >> Unless I unless I knocked it when I went to grab the the gun cuz there's not a whole lot of room on that nightstand. Everything was sort of crammed in there. >> Well, it would have had to been thrown. I mean, cuz that's far, you know, from the stand to where it landed over in the corner, you know, of the room on the other side of the I don't know the same the same way the chair got over the to the other side of the room. I was moving everything, throwing everything out of the way so I could get to him. I I he was going up under the chair and I just, you know, took the chair and and tossed it. But I all I could think about was just, you know, getting getting him getting the towels up underneath him and getting to him. That's all I I could think about. And >> so I don't I Yeah, I don't I don't When you're focused on one thing, you're not really thinking about what you're doing to get everything else out of the way. >> And where was he like locationwise in the room when he said, "Cheryl, you shot me." >> He was inside the door. inside the doorway but still where the door was where that diff is. >> Okay. Yep. So I remember correctly. So the door was right here into the bedroom out of the kitchen. Right. And then you got the bathroom door that's kind of there's that chest there. And so the bathroom door make it a little closer center. Right. Tell me if I'm wrong about my recollection. >> The wall comes out further right here >> and right here there. >> Okay. And then but and then this is where the TV is. >> Okay. So in this very I'm not an artist. This very crude diagram. Where in the room was he went? He was in in this area right here. And when he said my name and said that I had shot him, I jumped up and I grab I turn I turned on the light and I was looking trying to find where it was. I saw blood, but I couldn't tell where it was coming from. >> Was he still standing at that point? >> Yeah, he was still standing. And then he lifted his arm and he said, "I'm and and I saw where it was and that's when I called 911 because and he he laid down and rolled over and I couldn't see where it had gone through. So I knew it had to have still been in there cuz I couldn't find find anything on his back." And if that 911 one operator just said to keep putting pressure on it and if the if the towels got soaked to grab another towel, I went back in the bathroom to grab another towel and put it on there. And when you went back in the bathroom and came back out, what was he doing? Where was he at? >> He was laying in the floor with his head facing towards Can you draw it? Can you kind of just show up on here? I guess if that's the bathroom um where he was laying. >> This is where the wicker chair was and he was right right here. Cuz as soon as we figured it out, I got him he he laid down so I could see if if it was anywhere else, if it was coming out anywhere. And >> which side was his head was his where was his head at? >> It was facing this way. >> Okay. And he was talking to me while I was talking to while I was on the phone with 911. He was talking to me until right before the EMTs came in and then it just all happened so fast after that. I thought they were I mean he was talking to me when they or mumbling or whatever when they were taking over and the sheriff's deputies took me outside and come Now, M about how long before this happened had Levi left? I don't know. I I mean, I honestly don't know how long. I wasn't watching the clock to see, you know, he was there for a good while while I was there, you know, after I'd gotten home, but I don't know what time what exact time he left. I didn't really look. I was, you know, sitting out on the back porch trying to just relax and hoping that he would come down so we could talk. And it just got the music just got louder and louder and I just was like, "Okay, I'm just I'm going to bed because I can't hear it back there. I'm just I'll go to bed. cuz obviously he's not wanting to talk and I mean we've done that numerous times and then talk the next day and everything's okay. who he who he was very upset with this one with this argument because he had been trying to do better and he and he was right and I I admitted that that he was right and I was wrong and that you know pointed out several things that we had been up that had been up this is for discussion and that you know I still had a trust issue about him not talking and saying things that he shouldn't say to other people. And and I had to I just had to we had to grow past that. And that's what we were working toward growing past was growing past him doing that and growing, you know, growing through all of this. I mean, it it it's not normal. I know that. I guess because he and I had both been in 20-year marriages before, we were willing to experiment and try and learn from what went wrong with those marriages and and you know try to do differently And >> what particularly went wrong with the prior marriages? >> His first wife cheated on him with one of his friends and mine. My husband was um had degenerative disc disease. My ex-husband has has degenerative disc disease and he's been through several surgeries and was um someone addicted to the pain meds and became very um verbally abusive with myself and my daughters, my oldest daughter in particular. And finally one day she just came to me and asked me how much longer we had to live with it. And I thought, "Okay, that's it. We're we're going. We're not going to stay. We're not going to try. I'm sorry. Try and make it any further any longer." So, but because his ex-wife had cheated on him and I had learned while I was single before he and I met that it was much more open being in the lifestyle. It's like, you know, you have so many supposedly monogous people that cheat and and they lie behind each other's back and in this you don't you know up front what you're doing and and you talk about it and you know so seemed like the thing for us to do Now >> that's my camera. >> Now the I've been doing a lot but I just earlier when we were talking about um what I mean you mentioned and I don't even know how they did. So, I usually try to choose my words so diplomatically, but I'm going to try to recount it as best I can. Earlier, we were talking about that you had gone through menopause and you finally gotten your hormones regulated and that he was having some issues of his own, too. What What were those issues? my drive became more that I guess what he could felt like he could keep up with. >> Okay. >> So, >> and did he ever have any issues with like obtaining or maintaining an erection? >> Only when he's been drinking too much. >> How often do you drink? >> During the summer, we drank a little bit more. um cuz we would just get in the pool and you know have our time together in the pool. >> Mhm. >> But it wasn't that much. And just recently it had gotten to be that way. And he he was talking about not doing that anymore because he did things he shouldn't when he was drinking. said things he shouldn't when he was drinking and that he wasn't gonna he wasn't gonna he was going to cut back on that and not, you know, he was figuring out how many shots he could have or how much how many ounces he could have so he wouldn't be that way. >> Is that why Levi was looking for the shot glass that night? >> Levi was looking for the shot glass to fix him a shot to his dad. His dad sent him to down to the house to get him shot. >> No, you say last night. We What day are we on? >> Wednesday. >> Okay, >> I'm with you. I I I lost track of what day it is or what appropriate good night or good morning things to say. >> Now, would you be angry or get angry when you were drinkably abusive? >> No. What would that >> he would get more passionate and more aggressive? >> Like when you said he would say things he shouldn't, but he would say, >> "Well, that's if we were out somewhere." I mean, he had no problem telling anybody, a total stranger, that we were in an open marriage. And this is the town that I grew up in. We grew up completely differently. He didn't care what anybody anybody thought about him. I I did. And so I was more private about it than he was. And that's when it would kind of cause a problem because he would he he talked to anybody about it after he'd had a few extra shots. And sometimes he wouldn't remember what he said. to take all I just have a few more questions. I don't know how many. >> Go ahead. >> I mean, do you have >> I'm good right now. >> Okay. Well, um I guess just I guess here's what I'm just trying to understand. Um you know, we were at your house and you have a lovely a nice property. Um and you did have a lot of cars and vehicles. Um, but you know the exterior of your home, the back of it, you have that large window there on the front where your dining room table is. You know, you have the windows on the back of the house that look out onto the screened in ports and the window in the door to the screened in ports. The window above the kitchen sink. Um, and It overlooks a very nice property and you have described for us how Mr. Co and Levi were out and the shop and m the music got louder and louder and he didn't didn't come while you were having your five angry horses. Um, and so you went on to bed at around 7:15 is what she said. Um that the television was on and it you fell asleep and the pro or the what I'm trying to understand is you describe someone opening the door and when you first spoke to they flung the door open and would yelling. Um, and so you got that beautiful home with all those windows and it's still light outside. And so even if you had blackout curtains in your bedroom, the light from all those windows would have shown through your bedroom window. So then that coupled with the television being there, a person would would recognize that their husband of four years and their partner was six, especially if they're speaking, yelling, angry. And earlier you said you fired these two shots at this figure hoping that he would hear us hear you and come help you in the home. >> But you've also described us. >> Yes. But you said that you fired these shots so that he could hear you out in the shop where he was playing music so loud. and you just described going into the bedroom to a place where you didn't hear the music anymore. And so I'm having trouble making sense of how both you say you could recognize even the silhouette of your husband through the door when all this light is shining through and who is speaking to you, yelling at you. And then you would fire two shots in a room where you say you couldn't hear the music from the shop. Why Why would he be able to hear gunshots from inside that room? So, help me understand that. >> Well, I mean, we've had people be able to hear gunshots down the road when we were practicing. So, I mean, I I really honestly I was not wasn't thinking it through. I was I'd had too much to drink. I had added my client with it and I just I didn't know what I was hearing. I I I just I heard the the door slam open and I I couldn't I was asleep. I couldn't focus on anything. All I knew was there was my gun was right here >> because it was there the other I put it there last night when he was gone. >> And then let me ask you this cuz you said you went to bed at 7:15. Correct. Sometime around that. >> Okay. And you called 911 at 7:26. Correct. That's what the call screen says that you called 911. Okay. So that means that you were asleep for approximately 11 minutes >> if you fell asleep. if he falls if he fell asleep immediately. So 7:15 to 7:26 that's 11 minutes um for someone to fall asleep so hardly that they don't know what's going on or you know the door you know slung open and the first thing that you do is reach for your gun and and fire off two rounds. So >> I had had too much to drink. >> Okay. So, when I talked to you previously, you stated that somebody slung that door open and they were shouting and screaming. And remember I asked you, you didn't recognize if it was your husband husband's voice or not. Um, and what did you say? Do you remember what you said to me at this point? No, I don't. Okay. Um, you had said that you were too dazed. um and didn't really didn't really know who who was screaming yelling or what they were saying. Um so now you're telling us that somebody slung open the door and didn't say anything until you fired the second shot and then he said you shot me and then you realized that it was your husband. We're just trying to make sense of of all of this, >> right? >> And and listen, if you all got into an argument or there was something that happened prior to you shooting, let us know. Tell me. Tell me. tell me now so that we can so that we can help you. Um if if you came in and an altercation ensued or you know there's a piece I I feel that you're not being truthful with us or you're not you're not telling us. So that's what we're we're trying to get you to explain that to us to make better sense because right now none of this makes sense. So, I just you were truthful with me before, you know, when you asked the deputies to step aside and you and I had that conversation. You remember? Okay. So, I I just have a gut feeling that something happened and if it did, then I want you to be truthful with us, okay? And we can work with you. But we were there. We saw the crime scene. What you're saying, it doesn't it doesn't make sense. It doesn't add up. >> Tell us. >> So, I'm just asking you to be honest. I've I've been, you know, honest with you all night. You know, I've been compassionate towards you. Um, and I'm just asking that in return that you give us that respect and just explain explain explain to to us what happened because, you know, being there taking pictures, looking at the crime scene and everything that you were saying, um, there's a piece that you're not sharing with us. Okay. And I just, Cheryl, I'm I just want to hear it from you. He came in and he pointed the door open and he was yelling at me. Okay. Who when you say it was Luke? Okay. He was yelling and throwing things and drag grabbed hold of me and and told me if I wasn't going to talk to him that I had to go sleep in the other room and he was pulling me out of the bed and that and I I grabbed the gun from the side of the bed and I fired it at the ceiling. >> Okay. Was that kind of a warning shot or >> No, that was a, you know, I'm scared because he's I mean, it scares me sometimes, especially when he's been drinking and I don't know whether he had been drinking or not. And that was they were both supposed to be warning shots. >> It I mean one was at the ceiling and one was at the wall on the other side. I wasn't trying to hit him. >> Okay. So where was he when you fired the second shot? >> So he was he had turned around and come back in the in the doorway. turned around from where? >> From the kitchen door. From the doorway. >> He was still in this area right here. >> Okay. So, you had already fired the first shot, correct? >> I fired the first shot. >> Okay. >> And then he started moving back like he was coming back in there to drag me out of there. So, I fired the second shot and I was trying to shoot the wall. I was never trying to shoot him. And that's why when he said I hit him, I had no idea where where I where I could have hit him. >> Were you standing or were you still in the bed when you were when you were firing the rounds? >> By the time I by the time I shot the second one, I was standing. >> Okay. >> Where were you standing? Tip tip your bed is there from your nightstand. >> Where were you standing on the ring? >> Right here. >> Where is that? >> All right. So, when you fired the first shot that went over his head, was he trying to leave the room or what what was he what was he doing at that point in time when you had fired that shot? >> He was going after something. And I don't know what he was going after. >> Did he say anything to you? >> He was mad and he was screaming and yelling at me and telling me to get my ass out of that bed and go sleep in the other bed if I wasn't going to talk to him. If I wasn't going to get up and talk at that point, I wasn't where I could get up and talk. I, you know, I'd gotten past that point. It was it was senseless for us to talk at that point and I was feeling nauseous. That's why I took the veneran on top of the colonopen and I just wanted to be left alone and he wasn't having it and he was dragged me he was dragging me out of the bed. Okay. So the gun was on the nightstand. Correct. When he was in in the room, it was okay. Um, >> and why was he naked? >> I don't. >> It could be because he was working on the greasy bike. A lot of times he'll take his clothes off in the laundry room when he comes in so that he doesn't bring them into the house. Sometimes if he's really hot, he'll take his clothes off and jump in the pool and then come in. And the way that I saw his when I went out there to get my flip-flops, the way that I saw all of his stuff lined up on that table is what he does with it when he decides to go jump in the pool. And he just he takes off his clothes and jumps in the pool. >> Okay. How did you know all of his stuff was lined up out there when you said that you had gone to bed before he came in the room? >> When we got ready to leave, they took me out to get my flipflops. >> Okay. >> And that's when I saw all of his stuff lined up on the >> Okay. All right. >> I had not >> Okay. >> I had not been that far. >> Okay. So, everything that you've told us up until that new stuff that you just told, was all that correct? Or was there more that had happened when you were out on the back porch? >> No. >> So, you hadn't spoken to him. He was out in the garage. >> He was out in the garage. >> You had went to bed and then >> text you had that whole that afternoon was at 3:00 when he said, "I'm ready to talk." that I'm getting having some me time and doing my own my own thing. >> Mhm. >> And he did. >> We had a couple of texts back and forth and that was it. >> And he did. He said he didn't like that. >> Well, I told him that I had plans after work and if it if I got home early enough that we could talk then. And like I said, I was going to go get my nails and my toes done, too, which usually takes about 2 and 1/2 hours on top of going to take the stuff back to UPS and going to the grocery store. So, and then he wanted to know what I was doing. And I told him that it was nothing. It wasn't like it was a play date or anything like that. I was just going to do me stuff. and he said he didn't think that it was sexual, but that he was ready to talk and he had he had had time to cool off and was ready to talk. And I told him I wasn't sure that I was ready to talk after the way that he left last me last night and that we'd see when I got home. And when I got home, he was already up there working in the shop on his bike with Levi. So I just went and unloaded the groceries and changed my clothes and grabbed my went to the garage and grabbed an angry orchard and drank it pretty quick. And then I went back and got several more within probably an hour's time frame. I drank five and then that's when I mean I mean it he was still up there. Levi had left and I thought well if Levi's gone then he'll come come down and talk. And when he didn't, I just kept drinking. And then I said I was just going to go to bed. And I put the stuff that I had got in the for dinner in the refrigerator and finished the last one and threw it in the trash can in the kitchen and went and brushed my teeth and took my medicine and turned on my heating pad and got in bed because I was already starting to get a migraine from being upset and drinking to just >> So when he came in and slung the door open, And what what did he specifically say? >> Get up. He screamed, "Get up." >> Did he turn the light on when he came in? >> No, he never turned the light on. The light didn't get turned on until I turned it on to try and find where it had hit them. >> Now, when you and I spoke earlier, um I had asked you, remember I asked you if you guys were ever physical with each other. um if he ever put his hands on you. And at that point he told me >> he's not out of anger. >> Okay. What do you mean by that? >> He gets turned on and very aggressive when he gets turned on. And so I I I've gotten used to it. It's not a big deal anymore, but he likes to slap real hard and leave marks on my breath. >> And I, you know, I would only let him do it every now and then. And then I mean I I got used to it, but he wasn't allowed to do it before we were seeing anybody else or before we were going going to or having a party because I didn't want anybody else to see it. >> So what was different about tonight? He just seemed more angry tonight. I mean, there was no that that aggression happens when when we're hanging out and we're, you know, playing in the pool and drinking and and that's when that that type of the I don't want to say good aggression, but the good side of it, the the BDSM side of it comes out. um it pleases him and it's a big turn for him. So, I've learned to get used to it and work with it when he's in that mood. But this was not there was no there was no playfulness. There was no kissing. There was nothing before he came barreling in there except me trying to go to sleep. Okay. >> And he wasn't having it. >> Did he physically get on the bed or get on top of you? >> He did not get up on top on top of me. He ripped the pillow out from between my legs and started to pull me out of the bed. And he said if I wasn't going to get up and um talk to him that I was going to get up and go to the other bed and how did you make it? If he came in and you're laying down and he snatches the pillow between your legs, how did we get from that to him being back to the entrance of the bedroom and you standing on that mat shooting him? Like, how did that distance occur? He went back out of the back out of the bedroom to go get something else and then was on his way back into the bedroom. >> Is that when the door was flung open when he came in the room the second time? >> The door was flung open when he came in the room the first time. >> Okay. So, how did he come in the second time? >> He came stomping in the second time. >> Okay. And that was >> and that's when I grabbed it and shot over here and he became more angered and aggressive. So I shot toward this way and I I I was trying to hit the wall behind the TV. I had no idea that it was that close to him. And it was I was just trying to hit the wall behind the TV so that it would scare him off or make him make him leave. He's my best right here. He's all up here. I can't [snorts] I can't do this without him. And I never meant to do that. Never ever meant to do that. Sure. >> Do you need anything? >> You want some more water with ice? >> Yeah, I can use the restroom. >> I could probably use the restroom. >> Okay. >> When I come back, I'll take you to the restroom. Okay. All right. I'm just going to go take a quick break and then we'll be right back. Okay. [clears throat] All right, Cher, come on. I'm going to take you to the bathroom.