Beyond a Reasonable Doubt

I'm Henry Reasoner, a construction supervisor for Case Construction, one of the largest firms in our state. Jim Case built the best and most diverse company in the construction game. If it's a building you wanted, we build them from small one-story professional offices to hundred story skyscrapers. If you want a home, we have a home construction division. Our road construction division has built over half of the roads in this state and several surrounding states.

I currently oversee the road construction division. I have a duel degree in civil engineering and construction management and I have been with Case for three years. I hope with a bit more seniority and a solid track record to move into the building division because it involves less overall travel and way fewer overnight trips.

Jim Case and Andrew Reasoner, my father, both served in the Navy as Seabees, CB is the initials for construction battalion. He and my father served in the Gulf War. They were assigned to try and put out fires in the Kuwaiti oil fields started by the Iraqis as they retreated during Desert Storm. They planned on starting their own company when they rotated back to the world from the sandbox.

However, my Dad started in toward a well when an un-detonated SAM (Surface to Air Missile) exploded under the tremendous heat of the fire nearby. My father and four others on his crew didn't make it out alive. Jim had survivors' guilt. He was supposed to have led that team in but he was being treated for a burn on his arm and Dad volunteered.

After they finished putting out the fires Jim came home. He pledged to my mother that she would be taken care of and so would I, his only child. Jim soon became a fixture around our home. He took care of the lawn, snow removal, trash and any necessary repairs. He was able to use the G.I. bill and his veteran status to leverage some low interest loans. He bought out a small firm where the owner was retiring. He kept the original crews on and focused on home building.

His homes were simply the best built in the area and his reputation grew. He saw the opportunity in developing home communities and within five years had become the largest developer in ten counties. He took his hard-gained earnings from his sweat and labor and invested them in buying out a company that focused on road construction. He demanded that the roads they built be held to the same high standards for quality that his homes were known for.

Later, he hired his own architects and began to design and build commercial buildings. Within ten years Case had an impeccable reputation for the highest quality at a reasonable cost. He dealt fairly with labor and had the respect of union leaders as well as the rank and file. Tradesmen wanted to work for Jim Case and his jobs always came in on time or under and very rarely went overbudget.

Jim Case had spent so much time around our house that he and my mother fell in love and eventually married two years following my father's death. Jim was a great husband and a fantastic stepdad. I was only 7 when they married and I began to call him Dad. At first, he objected when my Mom told him "That's the way Andy would've wanted it to be." Dad took me along with him to work and I became familiar with construction sites as well as the downtown offices.

He inspired me to learn the business. He paid for my education and gave me my first job. I started "on the bottom" at least as was commensurate with my education. He planned on me to take the reins once he completed my training. There is no two ways about it, the constant travel was tough and had started to create some friction at home.

I met Sandy at college. We dated for three years and I proposed right after I began my job at Case. Sandy has gorgeous blonde hair, ice blue eyes and a smile that could melt an iceberg. Sandy always turned heads. She and I had discussed starting our family but she refused to even entertain the idea of getting pregnant while I was "Traipsing God knows where all of the time." I guess I could understand even though Mom and Dad would be there for her.

I even went as far as to say that very thing once and she told me that it wasn't the same. She wanted us to share the experience. So, she steadfastly remained on birth control. I worked as hard as I possibly could as to get out of the road construction division and home on a more regular schedule.

Dad always put on a big company picnic on July fourth. He gave the entire company a long weekend and had rides and games, it was a real family-oriented event. Dad treated his employees just like family. He made loans for cars and home and helped anyone of his team that struggled. Everyone looked forward to the big celebration each year, that included Sandy and me.

As I said before Sandy turned heads and to hard boiled construction workers she was like honey to a bee. However, they knew she was my wife and respected me enough to be polite while they leered and drooled and damn sure wanted to make sure that they didn't disrespect Dad by hitting on his daughter in law. That is save for one obnoxious jerk by the name of Dave Rumson.

Sandy went to play volleyball while I helped Dad get some more beer tapped. I ventured over to the court as soon as I was finished and I saw Rumson grab Sandy by the ass twice while on the same team. He tried to corner her after the game but she slapped him and walked away. I had a chat with Rumson's foreman. I told him what I witnessed and to get Rumson straightened out or he'd be fired. I thought that would be the end of it.

Jim had bid and won a large road resurfacing project about 200 miles from home. It was a state contract and paid a huge premium if it was finished before the deadline. If it wasn't completed on time the cost overruns would be absorbed by the company and no bonus would be paid. So needless to say, it kept Dad worried and me busy and, on the road, more than ever.

Of course, the constant travel had Sandy and I on edge. I told her I didn't like it any better than she did and I was the one stuck in cheap motels, meals in a diner eating greasy food, and spending my evenings alone. I told her she had Mom and Dad and her friends. My argument didn't hold much water with her. It seemed every time I was home, she spent it angry at me rather than with me.

I mentioned it to Dad and he told me that if I managed to keep things rolling and we got the job done as to earn the bonus he would move me into the home division and I wouldn't have more than a day trip to worry about. He told me that he wanted a grandchild to spoil. I tried to tell Sandy the good news before I headed out on what I hoped to be, my last trip.

It was November 9, 2018 and we only had 10 miles left to get resurfaced and forecasted weather looked favorable to finish two weeks ahead of our deadline. However, she got so upset that I needed to be out overnight on a Friday she refused to speak with me at all. She went as far as to lock me out of the bedroom. So, I got up early after a restless night in the guest bedroom and hit the road at 3am. I grabbed a quick breakfast and got to the job site by 8am.

When I met up with Sam Lenard my foreman, I was pleasantly surprised to find out he and the crew worked throughout the night and had finished resurfacing. All that was left was to pick up the signage, cones, and barricades and head back home. We made it! I was so ecstatic that I took the entire crew out for lunch. I gave Sam $500 and told him that the beer, burgers and wings were on me once they got back to town and he was to take the entire crew down to Mulligan's. I used my corporate credit card at the diner for the food and I hit the road after I canceled my room and picked up my bags. I figured I would make it home by 6pm and I would take Sandy out to celebrate.

I called Dad and gave him the good news. I asked him to put Connie, our office manager, on the phone as I wanted her to get an 8pm reservation at Circ, Sandy's favorite restaurant and to have them order a bottle of their best champagne. I also asked her to order a dozen roses and have them delivered to my house.

I gave her my personal credit card information and I told her to make a dinner reservation at Circ for her and Joe, her husband, who's a site superintendent in the housing division and to purchase a $500 gift certificate to cover the evening. She was the heartbeat of the office and deserved it. Shortly after I hung up, I got tangled in an accident that held up traffic and put me behind an hour. I got home at 7pm and I rushed into a dark house. Sandy was nowhere to be found.

I saw the flowers on the table. I realized that Sandy didn't bother to call me. She always called if she was going out so I wouldn't be worried if she missed my call and so she wouldn't be disturbed in the middle of dinner or a movie. I figured she would be home shortly so I grabbed a quick shower and dressed. By 7:45pm I realized that I couldn't make dinner so I called and cancelled.

I grabbed a beer and made a sandwich and I guessed the celebration would have to wait. I sat at the kitchen table as I had just finished eating. I heard a noise in the garage and distinctly a male voice. I knew it wasn't Dad. I always carried a 9mm Taurus for protection and I had put it back on to go out to dinner because I felt naked without it. So, I quickly drew my weapon out of my holster as I heard the door open.

Suddenly, the silhouette of a man appeared in the entranceway from the garage into the room where the washer and dryer were. I aimed for center mass of the silhouetted figure, released the safety and fired three shots. I heard a loud thud as the body hit the floor. I started to dial 911 when I heard a scream in the garage that I knew was Sandy.

The 911 operator answered and I told her I just shot an intruder entering my home and that the body was motionless. I told her the screams she heard was my wife who was coming in from the garage where the intruder entered from. She told me that police and an ambulance were in route.

I went immediately to find Sandy. Had she been raped or injured? As soon as I saw her, I said, "Babe, are you all right?" She screamed, "You murdered him!" She ran away from me and fled upstairs where I heard the door to our bedroom slammed shut. I was confused. I looked at the body on the floor and it was that of none other than Dave Rumson.

As I waited for the police, I called Dad and told him what happened and that I had no inkling as to what Sandy had said. He told me to not say anything until he and his lawyer Ken Rosenthal arrived. I removed the magazine from my Taurus and removed the chambered round and locked the side open and put the gun on the table.

I tried to get Sandy to come out of our bedroom. I wanted to know what was going on. Something was fishy. I gave up and went back downstairs just in time to see several guns trained upon me and cops that yelled, "Hands up, where's your weapon?" I put my hands up and followed their orders. I told them the gun was unloaded and on the table with the magazine and chambered round next to the handgun.

I was cuffed and given my Miranda rights just as Dad and Ken entered the house. This is when my loving wife decided to make an appearance. She screamed, "He murdered him, he killed Dave!" She was hustled off to the kitchen to be questioned. Ken told the officers we would not be speaking until the detectives had conducted their investigation. The officers had decided to take me to the station until a determinization regarding charges was made. I was hauled off to the local precinct where I spent the next 72 hours.

When I was interrogated, I was told my wife had told them I had murdered her friend and that he had been invited by her. She told them that I must have found out about their friendship, misunderstood their relationship, and killed him out of jealousy and I was being charged with capital murder. I was processed, fingerprinted, photographed and booked into the county detention center until my arraignment on Monday. On the advice of counsel, I said nothing.

To say that I was completely and totally blindsided by my wife's attitude and behavior were an understatement. I had no prior knowledge of her affair with Rumson or anyone. While she had expressed in no uncertain terms her displeasure with my travel and her latest snit over my trip this past Friday, I never saw the unbridled anger that she displayed since the events of the last few days unfolded. The pain and humiliation were devastating.

The next morning when Jarvis arrived a second interview was conducted after my consultation with counsel. Jarvis told them I was invoking the "defend the homestead" statute and simply as trained shot an advancing and at the time unknown intruder as he entered the residence without announcing himself and believed at the time to be inside without permission.

Ken filed a motion for bail citing my strong ties to the community and lack of a criminal history. It was a moot point as no bail had ever been granted in a capital case in this county. So, I was remanded to the county jail pending trial and I spent 18 hard months in the county jail awaiting trial before my case went to court. The District Attorney, Angela Caskenette believed she had a slam dunk case with an eyewitness. Even though my wife could not be legally compelled to testify against me, it seemed she was more than willing to do so. She refused to speak with me at all.

At the behest of Dad, Ken hired the best criminal attorney in the country. Dwight Allen Jarvis was the go-to guy for the rich and famous when they got into serious hot water. My first meeting I laid out everything I knew including the fact that I had no idea whatsoever that my wife and Rumson were involved in any way, shape or form.

I told him what happened. That Rumson, who was unknown to me at the time had entered and his was the only voice I heard. I saw a silhouette of what I believed to be an intruder entering my home. I feared for my life as I didn't know who had entered and certainly had no idea that he was an invited guest of my wife as I had no clue where she had been since early afternoon. She left no notification of her whereabouts nor did she ever answer her phone or the one at home. I told him I left several voice messages on our machine and on her phone.

I also told him that Sandy was in the garage when the shots were fired and couldn't have seen the shooting. I didn't know she was there until she screamed after the shots were fired. She knew I carried a handgun for protection. I told him about the job finishing early and the dinner reservations. I had to cancel the reservations for dinner because she wasn't home in time. I was hungry, so I sat at the table and was eating a sandwich while waiting for her to arrive home.

That is when Rumson entered the house alone and in relative darkness. She should've noticed my car in the garage and realized I was home but I received no warning. I informed him I had one beer with my sandwich.

I told him about all the travel and how displeased Sandy had been, especially with this trip. About being locked out and the incident at the picnic which I never mentioned to Sandy because she had rebuffed him so I never gave it another thought after speaking with Bill that same day.

I told him that I had never spoke with Rumson in person and only knew him as an employee in another division. I wasn't his immediate supervisor. While I did threaten to have him fired, I would not have been the person to carry it out, Bill would ultimately make that decision if necessary.

I told him that my stepdad had been informed and supported it if necessary because such behavior wasn't tolerated in his company. Jarvis thanked me and told me not to worry and recommended that when the D.A. offered me a plea to turn it down and that the case isn't a slam dunk as she thinks it to be.

Jarvis was good and it cost Dad a lot of money. He hired a team of investigators to do a deep dive into the relationship between Rumson and Sandy. I gave him permission to search my home and our cars. He worked tirelessly and built a strong case during the eighteen months I sat behind bars. I felt betrayed by Sandy and tried not to believe that she had cheated on me.

Sadly, Jarvis was able to dig up several witnesses who saw them out and about when I was out of town. They later testified to touching, kissing, and hugging that was inappropriate for a married woman to have engaged in. Video from security footage of this taking place in public, of clandestine meetings at his apartment and of Sandy as she blew him in the parking lot of a bar they frequented, more than once. I was heartbroken and devastated. Thankfully Mom and Dad were there for me.

My trial began on May 5, 2020. The D.A. laid out her case in her opening argument. She stated that I was embroiled in a love triangle and when I heard my wife and her lover entering the domicile, I decided to use our state's "defend the homestead" laws to remove the man that threatened my relationship and marriage.

She said that my wife of her own volition had volunteered to testify for the state. Mrs. Reasoner had a male friend but that it didn't warrant a death sentence. She claimed that they were not sexually involved and had her husband confronted her, she would've broken off the relationship at his request if it truly bothered him. She concluded by adding that after the jury had seen all the evidence to be presented, they needed to find Mr. Reasoner guilty of capital murder.

Jarvis used his opening statement to punch holes in the prosecution case and slowly began his to shake the credibility of the prosecution's star witness, Sandy. He told the jury that the evidence supported another theory of the events and he would prove that Mrs. Reasoner was in fact in the garage after having engaged in oral sex with the victim and had been cleaning up when the shots were fired. From her vantage point there is no way she could have witnessed the shooting and thus her testimony to that fact was pure speculation.

He continued by saying that Mr. Reasoner had no inclination that she was involved in an extra-marital affair let alone with the suspect. He added that his client was scheduled to be out of town that evening but was returning early. He told the jurors that the evidence would show that Mr. Reasoner had made several attempts to contact his wife to no avail. Subsequently, the police report showed no evidence of any note or any type of communication by Mrs. Reasoner to Mr. Reasoner to inform him of her plans for that fateful evening.

He concluded that the evidence would bring to light that the prosecution's star witness was indeed involved with the victim in a clandestine sexual affair and is lying about both the nature of her relationship with the victim and what she saw the night in question.

With the opening salvos having been fired, the prosecution began trying its case. They entered my Taurus into evidence as well as the three spent shell casings. They had a forensic expert testify that the fingerprints and DNA belonged to me.

That the Taurus was legally registered to me. She also testified that gun shot residue (GSR) was found on my hand and clothing and was consistent with having recently fired a handgun. She added that she had made a positive ballistics match to two of the slugs recovered from the body of the victim, Dave Rumson.

Next the coroner testified that following an autopsy of Mr. Rumson, it was determined that the victim died from gunshot wounds. There were three gunshot wounds to the victim's core. Two 9mm slugs were removed intact, one from the victim's heart. A third was too fragmented to be tested. The D.A. produced documentation that showed CSI, detectives, coroner, and the forensic scientist had established and maintained a clear chain of custody. Jarvis had no questions about this evidence.