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The jury has begun deliberations in the Brian Fullhart murder trial

Posted: Thu, Jul 25, 2019 12:00 PM

A jury of seven men and five women in Howard County will now decide the fate of Brian Fullhart, who is facing a charge of first degree murder in the death of his wife, Zoanne Fullhart.

Thursday morning featured closing arguments by both Special Prosecutor Scott Brown and by Defense Attorney Matthew Hoffey.

Brown argued that Fullhart was on a "slow boil that boiled over" and he killed his wife as a result: "Brian Fullhart shot Zoie...with premeditation and the specific intent to kill her," he told jurors.  The couple had been arguing and three times Fullhart threatened to kill her, according to testimony by Summer Luster, said Brown.  "When he got the opportunity to put a bullet in Zoie's head, he did it," said Brown.  The prosecutor also played the video of Fullhart's police interview, in which he said "I am a murderer and not just any murderer--I murdered my wife."

But defense attorney Hoffey asked the jury to return a verdict of Second Degree Murder--a verdict which would state the death was not premeditated.  "He was psychotic, he is psychotic and unable to have the intent to kill," Hoffey said of Fullhart.  Hoffer asked the jurors to consider the video they had watched of Fullhart's interview, saying, "that video is your window...there can't be any better evidence."

Brown was then given one last chance to speak and he told the jurors, "People do strange things a lot, it doesn't mean they're not responsible for their crimes...he is capable...he did it."

The jurors were given a range of options of sentences they could vote for, but with Hoffey asking them to approve a verdict of second degree murder, the question now appears to be not whether Fullhart will be found guilty, but of what charge.

decorahnews.com will post a jury decision when it is made.