Ice challenge leads to suspected murder | Highlands News-Sun

The jury was released for the weekend while Assistant District Attorney John Kromholz and defense attorney Daniel Hernandez prepared jury instructions. Closing arguments are expected Monday, after which the jury will begin deliberations.

Stowers did not stay on the stand long. Kromholz wanted to clarify a few things from the previous day and Hernandez conducted a brief cross-examination.

However, Stowers sat on the witness stand for quite a while Thursday as the state played an audio interview with West on Haywood Taylor Boulevard, where West was stopped and taken into custody.

In the audio recording, West said Zeigler and Leaphart threw something, possibly ice, at his truck. He told Stowers he did not know how many shots he fired or whether he hit Leaphart.

“I'm an honest man, and if I did it, I did it,” West said in the audio file.

In one video, Stowers can be seen talking to a shirtless and handcuffed West, telling them what happened immediately before, during and after the shooting. The video was very dark and was taken at the scene of the shooting. West said his truck broke down because of a bad battery, so he couldn't escape the objects he called ice that were thrown at his car. He can be seen and heard giggling in the video.

The jury saw a third video featuring West, Stowers and other officers that lasted nearly two and a half hours. This interview was conducted at the HCSO building. At the beginning of the video, West has his head on his arms and appears to be sleeping. He said he ate some of the food the officers brought him. Stowers began asking West questions, and the defendant answered. West described shooting Zeigler after loading the gun with a speed loader. Although two speed loaders were found in his pickup truck, West said only one contained bullets. He shrugged and chuckled after describing the shooting. After shooting Zeigler, West said he started his truck and left the scene.

During the lengthy video, several investigators repeatedly asked West how he reloaded the .38 Special, the murder weapon, using the second speed loader in the truck. Through questions, Kromholz was able to clarify that police authorities thought Zeigler's body had more bullet holes before the autopsy than there actually were.

Before calling witnesses to the stand, Hernandez renewed all of his pre-trial motions, including the “Stand Your Ground” defense, and asked for an acquittal. Judge Peter Estrada denied his motion, as he would do after his evidence concluded.

Scott DaSilva testified for West. DaSilva, like West's other witnesses, said he was a nice guy and a hard worker. DaSilva employed West part-time at his Lorida supermarket. DaSilva also knew Zeigler and Leaphart and had to evict them from his store. A short video from DaSilva's phone showed Zeigler yelling and cursing at DaSilva with Leaphart and doing the same from a distance. Zeigler actually approached the owner “eye to eye” and threatened him, but never touched him. Taryn DaSilva, Scott's daughter, said pretty much the same thing.

James Maxwell said he knew the defendant; West used to work for him at his lawn care business. He said he knew Zeigler was violent and he allegedly tried to run West off the road while he was sitting in the company truck.

Brian Keith Collier, whose house West wanted to go to pay back the money, said he gave West $300. However, his witnesses said he wanted to pay the money back.

In order for two witnesses who are in custody to take the stand, the court had to organize transportation.

Megan Crawford came in wearing shackles and handcuffs. She told Hernandez she was in prison for aggravated assault with a deadly weapon and was serving a 34-month sentence. She had been friends for a year before the shooting and had known Zeigler and Leaphart for about the same amount of time.

She also said Zeigler was known to be violent and carried a gun. She said Ziegler and Leaphart were “on drugs” and West didn't know what they were going to do when they showed up at West's mother's house and threatened her.

When cross-examining Crawford, Kromholz pointed out discrepancies between her testimony on the stand and her testimony to investigators after the shooting, which occurred more than nine years ago. One of the reasons for the discrepancy was that her “ex” was a very “scary” guy who was also friends with West. Crawford said she didn't get in trouble for lying, but Kromholz pointed to a 2010 conviction for petty theft.

Michaell Hayes was also brought from prison to testify for the defense. He is scheduled to be released in December. Hayes said he was in prison for escape, but Kromholz read that he was also in prison for animal cruelty. Hayes was confused about the charges and the state dropped that line of questioning.

Hayes said West was a good friend of his. Hayes remembers West as one of the “hardest workers I know.” He said he knew Zeigler and Leaphart and said the pair had a bad reputation and could be violent. Hayes testified that Zeigler tried to run someone over in Lorida. He testified that he saw Zeigler pull out a gun and show it to others.

Hayes said West was bullied by Zeigler and Leaphart.

The hearing will resume on Monday at 9:00 a.m. in Courtroom 2A.