BEDFORD COUNTY, Pa. (WTAJ) — The trial of Nancy Focht is on its second day as the jury heard from experts in the morning half of the day.
Focht, who is accused of killing her husband, 74-year-old David Focht Sr., claimed self-defense, but investigators said the evidence showed otherwise.
On day two of the trial, the jury heard testimony from Sergeant Gesuele Burello, an expert witness in forensic firearm and ammunition analysis. He explained how guns, specifically revolvers like the one used, work.
The jury saw the gun that was used in the shooting along with the bullets recovered from the scene and the victim as well as unused rounds. Burello testified that the clothing David was wearing when he was shot had no gunshot residue or burnt gunpowder. He went on to state there could be numerous reasons for that including the type of clothing, bleeding, intervention at the scene, or if the shooter was farther away in range.
Focht’s defense lawyer, Thomas Dickey, highlighted that there were many reasons why the residue wouldn’t show up.
The Criminal Investigation Assessment officer, Trooper Martini, was called to the stand and the first official interview with Focht was played. Focht testified during the interview to a lot of abuse from David.
“I didn’t know what to do.”Nany Focht when asked why she went for the gun after the first shot.
“If I ran he was going to shoot me, so I went for the gun. I had to,” Focht added.
When it came to the abuse, Focht said in the interview that she couldn’t remember the last time David hit her and as you get older it just turns into different things. She related she has been in shelters in the past because of it and it’s “always been this way.”
When Martini asked if there were any other gun threats, Focht claimed in the interview that when their granddaughter, now 30, was five years old, she took her out for her birthday. She said they were walking back to get David and he came around the corner with a 44 and put it in her face.
The trial then went to lunch after Martini’s testimony. Once returned, David’s son, David Focht II, testified in front of the jury.
David said that he lived with the two for two months in 2018 and they did fight, but he would consider it “normal.” After finding out about the homicide charges, he asked Focht why she did it and her response was “fear,” he added.
Dickey then had the son discuss two instances in which his father pulled a gun on him or his mother, one on Christmas one year. Another was when his mother came running out of the house screaming that his father had a gun and he heard David Sr. scream to “get the f*** off my property.”
David II also testified that there were multiple PFAs filed by Focht against her husband. On re-direct, he also stated that his father would throw things when he was angry and he also saw bruises on his mother’s arms where David Sr. would grab her.
The court took a recess. It should be noted that the judge has stated if the jury doesn’t have time to reach a verdict on Friday, he will continue court on Saturday morning instead of waiting until Monday.
Following the recess, Corporal Kimberly Roman took the stand. She interviewed Nancy for the second time on Jan. 27, 2019, along with Hoover. During that interview, evidence was shown to Nancy that pointed to her testimony of that evening as not being true.
Roman then said to Nancy, “Did you bring the gun in as self-protection?” To which Nancy said “Yes.” She then explained that David said he was going to kill her that day so she went into the house, grabbed her revolver and went back outside and returned to her chair, setting the gun beside it.
Nancy continued to say that when David saw the gun he began to come at her, which is when she fired the first shot. She said David continued to come at her, so she fired the second shot, the one that hit David.
At this point, Roman asked what made Nancy get the gun that day, Nancy said, “I knew what was going to happen. He was going to kill me. It was fear, fear I was going to die that day.”
Roman then asked Nancy how much time passed before David got up and she fired at him. Nancy said “minutes.” Hoover jumped in and asked why minutes and Nancy said the following.
“I was hoping that it (the fighting) was all going to quit,” Nancy stated. “I didn’t have a plan to kill him that day, but I thought he was going to kill me.”
Day three will pick up at 9 a.m. on Sept. 15 with Dickey’s cross-examination of Roman.
You can read more about day one of the trial below and click the link for even more details.
On the first day, the jury heard opening arguments from Bedford County District Attorney Dwight Diehl and from Focht’s defense lawyer Thomas Dickey. They also heard the 911 call from that fateful night.
Dickey said that Focht was a victim of abuse while Diehl told the jury she had intent to kill her husband.
The lead investigator took the stand on the first day and a video was shown of an interview with Focht. Dickey later asked Hoover if anyone attested to the alleged abuse that Focht was experiencing. Hoover said that most, if not all, did.
The 12-person jury is comprised of nine women and three men with four alternates in place.
According to investigators, Focht had allegedly admitted to killing her husband back in Sept. 2018. She told them it was self-defense at first before being confronted with evidence at a later date.
According to the original criminal complaint, detectives said that lab results on the evidence didn’t match up with Focht’s story.
You can read more about Focht and that fateful night by clicking here.