Murder or self defense?

In November 2012 a personal feud, with threats of violence reported from both sides, ultimately ended in the death of 36 year old Sidney resident Adam McCormick.

During opening statements of the state of Nebraska vs. Jason Custer both the defense and prosecution described a messy, complicated case. Although the prosecution maintained that Custer is guilty of premeditated murder, the defense claimed that Custer shot McCormick in self defense.

Custer, 35 is charged with first degree murder, use of a firearm to commit a felony and possession of a firearm by a prohibited person.

“This is a case about an ongoing feud,” said Matt Lierman, special appointed Cheyenne County attorney, representing the prosecution.

In Oct. 2012, Jason Custer moved to Sidney to live with Billy Fields and Amber Davis, who were dating at the time. Fields and Custer were long time friends who grew up together in California. McCormick was friends with Davis and regularly attended her garage parties.

McCormick gave Custer $150 for a mail-order drug transaction, but never received his goods and was not happy about it, according to the prosecution.

Once Davis found that Custer and McCormick planned to ship drugs to her home, she kicked them out. Following this, a text message battle heated up with threats of violence on both ends, pitting Fields and Custer against McCormick.

At a party at Davis’s home on Nov. 2, McCormick showed up and was not welcome, so the party migrated to Syrus Leal’s home on San Marino Rd, where the shooting eventually took place.

The three men continued the texting battle throughout the night while Davis informed Fields and Custer of McCormick’s whereabouts. The party started to disband just after midnight. When those planning to leave headed outside, a Chevy extended cab pickup pulled up and Custer exited. Those present saw that he was armed, the prosecution said. Custer yelled out to McCormick.

“It’s at this point that Custer raises his rifle and fires once,” Lierman said.

McCormick fell to the ground. Then Custer fired again and McCormick crawled to the other side of the vehicle in the driveway, according to the prosecution. Leal rushed up to the truck and hit Custer before the suspect drove away.

“Adam is laid out in a semi-fetal position and he’s unresponsive,” Lierman said.

McCormick was shot in the leg and the abdomen and was pronounced dead later that night. Custer ditched the truck and hid the gun, Lierman said. Davis and Fields then helped Custer flee to Big Springs, where he was later arrested.

“The evidence is going to show that this is not a case of self defense,” Lierman said.

The defense’s case contains many of the same basic events, with some key differences.

“This case boils down to one basic phrase: We’ll see where loyalties lie,” said defense attorney Sarah Newell.

Everyone involved in this case has loyalties to someone, but mostly to themselves. Custer was new to town, while others had many friends in the area to vouch for them.

“Jason’s being left holding the bag because he doesn’t have the friends that everyone else has,” Newell said.

All those involved were engaged in some sort of illegal behavior, the defense claimed. Many of the witness statements changed over time and everyone had a different version of the story at a different time.

“A big part of it is people are lying to cover their own butts,” Newell said.

In the defense’s account of events, soon after Custer arrived in Sidney Davis found out that McCormick and Fields were doing drugs in her house and she kicked them out. Because Custer was Fields’ friend, he moved out as well. Custer then borrowed some money from McCormick because he and Fields were short on cash after moving out.

Custer helped Davis with utility payments, but didn’t pay McCormick back, which angered McCormick.

“Adam thinks Jason and Billy are blowing him off and he becomes enraged,” Newell said.

The defense maintained that all those involved in this case were engaged in seedy and illegal behavior. McCormick was not above fault, either, Newell argued. There was a high level of methamphetamine, marijuana and alcohol in the victim’s system at the time of his death. McCormick started the fight and began carrying brass knuckles and a knife with him once the verbal arguments began, she said.

“Jason will tell you that Adam pulled a knife on him,” Newell said.

The three men had a few run ins over the weeks before the shooting, but there was never any physical altercation. To add to the confusion, at one point Leal told Fields and Custer that the debt was owed to him and not McCormick.

Custer believed that McCormick had left the party at Leal’s when he showed up on Nov. 3, Newell said. Custer was simply planning to talk with Leal. When Custer pulled up to the house, McCormick and another friend were standing outside and it looked like a setup.

Custer did not dispute that he shot McCormick, but that it was justified by self defense.

The defense found it significant that both Davis and Fields initially provided unsubstantiated stories to police. Once Fields was arrested, both placed the blame on Custer.

“Very few people are taking real responsibility for their behaviors,” Newell said.

The vehicle used by the suspect was found 10 minutes after the shooting, according to Lieutenant Keith Andrew of the Sidney police department who headed the investigation.

Davis and Fields both lied to police during interviews in the early morning hours of Nov. 3.

It was clear to police that information Davis provided was false, but the lies came to an end when she was told the case was a homicide.

“At that point she became emotional and her story changed,” Andrew said.

This is when she confessed that she and Fields took Custer to a Motel 6 in Big Springs following the shooting. Fields also changed his story when he learned that McCormick had died.

On information from the two, Custer was located in Big Springs at around 8:30 that morning.

During the investigation, police found a bullet hole in the passenger side door of the Jeep Grand Cherokee in the driveway where the shooting took place. They also found 9mm bullet casings and blood near the driver’s side door. A pocket knife and brass knuckles were found in the victim’s pocket.

“All reports indicate two shots were fired on the scene,” Andrew said.

Although police spent many man hours searching for the gun, it wasn’t located until July 2013.

Andrew found that another friend had loaned a 9 mm gun to Fields shortly before the crime.

The trial continues on Tuesday.