Sentencing hearing begins in Hosier murder trial
Fri, 25 Oct 2013 00:10:00 GMT —
The sentencing phase of the David Hosier trial started Thursday with prosecutors calling his ex-wife to the stand.
Hosier was convicted Wednesday of all charges, including first degree murder for the shooting death of Angela Gilpin.
The jury must now decide if he will spend the rest of his life in prison without parole, or be sentenced to death.
Hosierâ??s ex-wife testified about an incident in 1986 when she told the court Hosier was angry, grabbed her by the hand and started to hit her with her own hand. This all happened in front of their kids.
The ex-wife said she was eventually able to calm him down, but shortly thereafter separated from him and filed an order of protection.
She testified Hosier often violated the order of protection by going into the home and moving things around so only she would know he was there.
Those actions were enough to make her want to leave the state.
In cross examination, Hosierâ??s defense team showed pictures of the then-coupleâ??s first Christmas together to show them in happier times.
His attorney also emphasized how the ex-wife was able to calm him down during the 1986 incident.
The defense team also laid out their case as to why Hosier should not receive the death penalty.
They want to focus on childhood trauma, which included the death of his father when he was 16-years-old.
They will also focus on mental health issues, which included an involuntary commitment to the Fulton State Hospital.
Prosecutors also called Richard Lee to testify about his encounters with Hosier while he worked with the Cole County Prosecutorâ??s Office. He said Hosier came to see him in 1986 to say he was being harassed by the Sheriffâ??s Department.
Lee also testified Hosier was upset in 1986 about learning he was going to be served the commitment papers for Fulton State Hospital and officers prepared for a hostage situation when they went to his place of residence to serve him.
It took four hours for Hosier to come out.
The defense asked Lee during cross examination if, at any time, Hosier threatened anyone during that incident.
Lee said no.
When asked if Hosier had a weapon on him at the time, Lee also said â??no.â??
A deputy from the Cole County Sheriffâ??s Department also took the stand to say he was on the phone with Hosier during that standoff in 1986. He testified asking Hosier if he intended to hurt anyone, and Hosier told him he was prepared to do whatever he needed to do.
He also asked Hosier if he had any intention of hurting himself. Hosier told him no because he valued his own life.
Also taking the stand was Nancy Marshall, who Hosier was convicted of beating in 1992. Hosier was living in the guest bedroom of her house when the incident happened in November 1992.
Marshall testified Hosier grabbed her, handcuffed her, beat her, and at some point she lost consciousness. The first thing she remembered when coming to was being taken to the hospital, where she was diagnosed with a concussion to go along with facial bruising.
Hosier was sentenced to eight years in prison after being convicted of battery in that case.
During cross examination, Hosierâ??s defense team pointed out Hosier and Marshall were romantically involved when he moved into her home.
It was also argued Hosier was upset the day of the battery because he found recordings of her talking to someone on the phone about him. Marshall did not remember if that was the case, but an investigator who took the stand next said Hosier admitted as much to him.
The investigator testified he responded to a battery-hostage situation call and that Marshall was released through negotiation.
Hosier was still inside, but managed to escape.
He later called Indiana State Police and during the course of several calls, blamed Marshall for the tapes, and also told officers he was armed.
He eventually turned himself in and the investigator said Hosier admitted to the battery and confining of Marshall, but also said he called a friend to come get her because she probably needed medical attention.
During cross examination, defense attorneys pointed out Hosier did call someone to come get Marshall so she could get medical help.
The investigator was also asked if Hosier ever fired a weapon.
The investigator said no.
The defense spent most of the afternoon presenting their case as to why Hosier should not receive a death sentence. Most of the testimony was a two-hour taped video by Hosier's mother. On the tape, she talked about how David Hosier changed after his father's death when he was 16.
Testimony will continue Friday morning.