CUSTER TRIAL: Defendant takes the stand, claiming self defense

The man accused of shooting 36-year-old Adam McCormick in the early morning hours of Nov. 3, 2012 took the stand yesterday to tell his version of the events that led to McCormick’s death.

Jason 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. Custer allegedly shot McCormick over a debt of $150.

Custer moved to Sidney from California in October 2012 to live with Billy Fields and Amber Davis.

Custer first met McCormick in early October at a friend’s apartment where they smoked methamphetamine together. At first, he and McCormick would hang out during the day and smoke methamphetamine together.

“We got along, actually really well,” Custer said.

Toward the middle of October, Custer claimed Davis became angry at he and McCormick for smoking methamphetamine in her garage.

“We didn’t see a problem with it because we’d done it before,” Custer said.

Davis then kicked McCormick, Custer and Fields out of her home.

Custer had known Fields since they were in junior high. Their friendship was an example of how opposites attract, in his opinion.

“Billy’s kind of an outgoing, loud, boisterous person, I’m not,” Custer said.

Custer admitted that he’d been convicted of multiple felonies in the past, including second degree burglary of a vehicle, stealing gas and petty theft with a prior felony conviction. He said he moved to Sidney because his wife and son had moved to Humboldt, Neb. He planned to eventually follow.

Fields found a place to stay for he and Custer with a work friend, but told Custer he would have to supply $120 for rent. Custer told the court he was short on funds, so McCormick agreed to loan him $150. He denied the testimony of earlier witnesses who stated he owed McCormick for methamphetamine they planned to ship to Sidney in the mail.

In Custer’s version of events, he told McCormick he’d pay him back with his next unemployment check. He claimed that McCormick confronted him in person twice about the money owed him over the days leading up to the shooting, but the men had worked out a plan to pay McCormick and tempers calmed. At one point, Syrus Leal told Custer to pay him the money owed to McCormick, he claimed.

Near the beginning of November, a texting feud began, pitting Custer and Fields against McCormick.

Custer was adamant that he didn’t know Fields had borrowed a gun from a friend and never heard them speak about shooting it. He also told the court he never obtained a gun from the friend himself.

On the night the shooting took place, Custer and Fields went out with friends. Custer was aware that Davis was fighting with McCormick that night and the battle had extended into text messages that night, as well. At one point Custer texted Davis, telling her to send McCormick outside the party she and McCormick were both attending at Leal’s so he could handle business.

Custer explained his text to the court by claiming he simply wanted to pay McCormick or fight him. He said he went to Leal’s house to take care of the disagreement. Custer further claimed that when he arrived at Leal’s that night he thought McCormick had left and planned to simply speak with Leal.

Custer pulled up to Leal’s house in Fields’ truck around 20 minutes after midnight and saw Leal, McCormick and Josh Wright standing outside.

“I immediately thought I was being set up,” Custer said.

According to Custer, his belief that McCormick had left made him suspicious. He looked in the backseat for a weapon. He told the court he did not previously know the gun was there. He did, however, pick up the weapon and put it in his coat to conceal the piece.

“I walked straight up the driveway,” Custer said.

He then told McCormick he wanted to settle the dispute.

“Adam started to run at me,” Custer said.

McCormick had an open knife in his hand, Custer claimed. Custer tried to back away.

“At that point, I drew the gun out, aimed and fired it at his knee,” Custer said.

Custer did not realize he’d hit the victim and was just trying to stop McCormick, he said, adding that McCormick kept coming at him.

Custer admitted to firing a second time. McCormick then went down to a knee and stood back up and leaned against a Jeep in the driveway. Custer informed the court he thought McCormick had been hit in the shoulder.

At this point Leal started yelling and ran at Custer—an action apparently confirmed by other testimony. Custer then drove away and then ditched his truck at the apartment where he was staying on Fort Sidney Rd. After leaving the vehicle, he ran across the street and through a cement yard.

Defense attorney James Mowbray asked him why he would run if it was self defense. Custer answered that he was scared.

“I couldn’t believe that just happened,” Custer said.

Soon after the shooting, Davis and Fields helped Custer flee to Big Springs. Custer claimed the gun was still in the vehicle when Davis and Fields left him in Big Springs and he had no part in hiding it.

Custer testified that he didn’t learn that McCormick had died until the next morning when he was arrested. He claimed he had no intent of killing McCormick, even at the time he shot the man.

Prosecuting attorney Michael Guinan asked Custer who was lying in this story, the two eyewitnesses to the shooting who testified previously or himself. Both Leal and Wright claimed that Custer showed up to Leal’s and shot McCormick with no provocation.

“I don’t think anybody’s lying,” Custer said. “I’m just telling you they’re not telling the whole truth.”

Perhaps the eyewitnesses perceived it differently, Custer added. He again maintained that even though he rode in Fields’ truck earlier that night, he didn’t know there was a gun stored in the vehicle.

Guinan questioned if Custer knew there was a safety on the gun, if it was loaded, if there was a bullet in the chamber and if there was a magazine in it.

“I believe I saw the magazine,” Custer said.

He denied releasing a safety, loading it or putting a bullet in the chamber. Custer said he didn’t check for bullets or a safety when he took out the gun because he didn’t intend to shoot anyone.

“It was a lucky shot,” the defendant said. “He was on the move.”

The pathologist who performed the autopsy on McCormick testified to his injuries on Thursday morning. Dr. Peter Schilke observed two perforating gun shots. Both pierced completely through the body. The first entered the left chest and exited the right abdomen and the second entered the front of the right thigh and exited the back of the thigh. Schilke could not determine which would was sustained first.

At the time of death the victim had a blood alcohol level of .187 and also had THC, indicating marijuana use and methamphetamine, in his system. There was no trauma to his hands that would indicate a fist fight.

The gunshot wound to the chest was the cause of death, Schilke said. He ruled McCormick’s death a homicide.

Amy Weber, a firearm and tool mark examiner from the Nebraska State Patrol crime lab, testified about her analysis of the casings, bullets and the gun submitted as evidence in this case. She determined that the cartridge casing found on scene was from the suspect gun, but could not determine if the hollow point bullet jacket found at the scene or the whole bullet found in the door of the jeep at the scene were fired from the gun or not. She did concluded they were likely from a high point 9 mm gun.

Weber determined, that the distance from the end of the gun to the victim on the night of the shooting was greater than 18 inches and less than 48 inches, based on gunshot residue.

No DNA or fingerprint evidence was found on the gun.

Both the state and defense rested on Thursday. Closing arguments will take place Friday morning.