Shayna Hubers trial: 'Shoot and kill him and play like it's an accident,' she texted friend

Sarah Brookbank | Cincinnati Enquirer

Show Caption Hide Caption Opening statements for Shayna Hubers' second trial Opening statements for Shayna Hubers' second trial began on Tuesday August 14, 2018.

On Day 2 of the retrial of Shayna Hubers jurors heard from an investigator who said Hubers' claims of a struggle with Ryan Poston didn't match what the police found at the scene.

Hubers and Poston dated off and on for a year and a half. Prosecutors say Hubers shot Poston in his Highland Heights condominium in 2012 because he wanted to end the relationship. She said she shot him in self-defense.

Hubers, who in 2015 was found guilty of murdering 29-year-old Poston, was granted a retrial after her attorney discovered a juror in the first trial had a prior felony conviction.

The jury heard from Dave Fornash of the Highland Heights Police Department, who started testimony on Tuesday.

Fornash's testimony was followed by Dr. Gregory Wanger, the medical examiner who did Poston's autopsy. Others who testified included a college friend of Hubers, Christie Oyler, and Amber Enswiler, a Northern Kentucky University Police Officer at the time of the shooting.

Key quotes: 'Shoot and kill him and play like it's an accident '

On the inconsistency between the crime scene and what Hubers alleged happened: "Ms. Hubers said she was thrown around but we didn't see anything knocked over," Fornash said.

On Hubers' emotional state when Fornash interviewed her: "Last question, when you were with Ms. Hubers, did you see tears?" Prosecutor Michell Snodgrass asked. "No ma'am," Fornash replied.

Text messages Hubers sent to her friend Oyler were read in court: "There's a thin line between love and hate," Oyler said. "My love has turned into hate," Hubers replied.

Another text from Hubers to Oyler in October 2012: "When I go to the shooting range with Ryan tonight I want to turn around, shoot and kill him and play like it's an accident."

Takeaways:

During the end of Fornash's testimony, Poston's clothing from the night of the shooting was shown to the jury, drawing gasps and sobs from family members in the chamber. A white tank top covered in blood and a pair of dark sweatpants were presented. While Fornash was describing the clothing, Hubers was writing a note to her attorneys.

Defense attorney David Eldridge's cross-examination of Fornash focused on the number of guns in Poston's apartment. The jury was shown a number of handguns, a rifle and ammunition that was kept in various locations around his home. Those items were not inventoried during the police investigation.

During Wanger's testimony on the autopsy, a television screen used to show evidence to the jury was angled away from family members. Graphic images of Poston were shown, including his remains inside of a body bag and police images of him where he was found inside the apartment.

Wanger also testified that it was possible that some of Poston's injuries could have occurred while he was laying on the ground inside the apartment. He also said it could not be determined which shot was fired first because they were fired in short succession.

Oyler said the relationship between Hubers and Poston was "tumultuous" and once sent him a text message urging him to contact Hubers in August 2012: "Ryan, Shayna is more upset than usual.... for the love of Christ can you call her and tell her you love her."

Enswiler, who was with Hubers at the Highland Heights police department before she was recorded in the interview room, said Hubers made the nose job comment before saying it in the interview room. Enswiler said Hubers said it was funny that the guns Poston loved so much killed him.

What to expect on Day 3: Lots more texts

Based on the first trial, more testimony regarding the relationship between Hubers and Poston should be expected.

In the first trial, prosecutors focused on thousands of text and Facebook messages between the couple and their friends.

Campbell County Circuit Judge Daniel Zalla told jurors the trial would likely last until Aug. 28. The first trial lasted two weeks.

Proceeding are set to resume at 9 a.m. Thursday.

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The Enquirer will update this story as the trial continues.

Correction: A previous version of this article listed the incorrect day of the week for proceedings.