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A Pottawatomie County jury Thursday convicted a Shawnee man of first-degree murder in his wife’s shooting death and recommended he serve life in prison without the possibility of parole.
The panel found Edwin Leroy Scoby, 45, guilty of shooting Nina E. Johnson-Scoby in the face with a .44-caliber revolver on Aug. 5, 2008.
Comprised of six men and six women, the jury deliberated about two hours before returning the guilty verdict. During the second phase of the trial, the panel deliberated 20 minutes before affixing Scoby’s punishment. Formal sentencing is scheduled for 9 a.m. March 24.
The trial began Monday before District Judge Douglas Combs. After calling 19 witnesses as part of the murder trial, the state rested its case Wednesday. The defense presented one witness Thursday morning before closing arguments were made. Scoby did not take the witness stand.
Scoby became a person of interest in the shooting investigation and was arrested the day of the incident when his story of events surrounding a domestic altercation at the couple’s Shawnee home didn’t match evidence police found at the scene. At the time, the couple had been married about six months and had prior incidents of domestic violence.
The prosecution presented evidence that the shooting wasn’t a suicide or accidental, with testimony suggesting that the shooting scene had been altered.
During the state’s final closing statement, District Attorney Richard Smothermon referred to Scoby telling detectives five different versions of what happened in the couple’s bedroom that resulted in the shooting that morning.
“It’s safe to assume you can’t believe any of the defendant’s story,” Smothermon told the jury, but he also told them that physical evidences “does not lie.”
For Nina Scoby to suffer the close contact wound to her face, Smothermon said there should have been blood spatter on the firearm. As he showed pictures of the firearm to the jury as it was found at the scene, the firearm appeared clean. Other pictures showing blood in places where it shouldn’t have been and after items had been moved on top of that blood, were reviewed as part of closing arguments.
Smothermon also reminded the jury that Nina Scoby’s left hand was laying on the gun; she was right handed.
In the state’s first closing argument, Assistant District Attorney Kathryn Savage told jurors that the couple often fought, as she told them about two previous incidents of domestic abuse.
“He put that gun to her face and fired it,” she told the jury. “She is the victim in this case — it is not her fault.”
During the penalty phase, Smothermon told jurors that Scoby, as a felon, knew he shouldn’t have been in possession of a firearm.
“For that decision, Nina paid with her life,” Smothermon told jurors, before asking them to give Scoby life without parole.
While formal sentencing is scheduled March 24 on the murder count, Scoby made a nolo contendere plea Thursday on a charge of possession of a firearm after former conviction. In that matter, he was sentenced to 25 years with the Department of Corrections.
After the jury was excused, Scoby, who has been jailed in the Pottawatomie County Public Safety Center since August 2008, was handcuffed and returned to jail until formal sentencing.
Following her death, funeral services for Nina Scoby were held in her hometown of Hugoton, Kan. In her obituary, Nina Scoby’s name was listed as Nina Brecheisen, using her former last name. She is survived by a daughter and son, as well as other family members, with most residing in Kansas.
Defense Attorney Cregg Webb said Scoby plans to appeal the conviction.
A Pottawatomie County jury Thursday convicted a Shawnee man of first-degree murder in his wife’s shooting death and recommended he serve life in prison without the possibility of parole.
The panel found Edwin Leroy Scoby, 45, guilty of shooting Nina E. Johnson-Scoby in the face with a .44-caliber revolver on Aug. 5, 2008.
Comprised of six men and six women, the jury deliberated about two hours before returning the guilty verdict. During the second phase of the trial, the panel deliberated 20 minutes before affixing Scoby’s punishment. Formal sentencing is scheduled for 9 a.m. March 24.
The trial began Monday before District Judge Douglas Combs. After calling 19 witnesses as part of the murder trial, the state rested its case Wednesday. The defense presented one witness Thursday morning before closing arguments were made. Scoby did not take the witness stand.
Scoby became a person of interest in the shooting investigation and was arrested the day of the incident when his story of events surrounding a domestic altercation at the couple’s Shawnee home didn’t match evidence police found at the scene. At the time, the couple had been married about six months and had prior incidents of domestic violence.
The prosecution presented evidence that the shooting wasn’t a suicide or accidental, with testimony suggesting that the shooting scene had been altered.
During the state’s final closing statement, District Attorney Richard Smothermon referred to Scoby telling detectives five different versions of what happened in the couple’s bedroom that resulted in the shooting that morning.
“It’s safe to assume you can’t believe any of the defendant’s story,” Smothermon told the jury, but he also told them that physical evidences “does not lie.”
For Nina Scoby to suffer the close contact wound to her face, Smothermon said there should have been blood spatter on the firearm. As he showed pictures of the firearm to the jury as it was found at the scene, the firearm appeared clean. Other pictures showing blood in places where it shouldn’t have been and after items had been moved on top of that blood, were reviewed as part of closing arguments.
Smothermon also reminded the jury that Nina Scoby’s left hand was laying on the gun; she was right handed.
In the state’s first closing argument, Assistant District Attorney Kathryn Savage told jurors that the couple often fought, as she told them about two previous incidents of domestic abuse.
“He put that gun to her face and fired it,” she told the jury. “She is the victim in this case — it is not her fault.”
During the penalty phase, Smothermon told jurors that Scoby, as a felon, knew he shouldn’t have been in possession of a firearm.
“For that decision, Nina paid with her life,” Smothermon told jurors, before asking them to give Scoby life without parole.
While formal sentencing is scheduled March 24 on the murder count, Scoby made a nolo contendere plea Thursday on a charge of possession of a firearm after former conviction. In that matter, he was sentenced to 25 years with the Department of Corrections.
After the jury was excused, Scoby, who has been jailed in the Pottawatomie County Public Safety Center since August 2008, was handcuffed and returned to jail until formal sentencing.
Following her death, funeral services for Nina Scoby were held in her hometown of Hugoton, Kan. In her obituary, Nina Scoby’s name was listed as Nina Brecheisen, using her former last name. She is survived by a daughter and son, as well as other family members, with most residing in Kansas.
Defense Attorney Cregg Webb said Scoby plans to appeal the conviction.
