lisa's sister shawn and daughter laci still believe brad was guilty. and for brad? >> it's like starting over again, you know? >> reporter: and he clings to his kids and his sister, his mom, and those who believe in him, to his ancestral farm, and his other longtime love, the old chevelle. >> i knew brad was innocent. the only thing i have ever wanted was finally everyone to hear the truth. ♪ ♪ ♪ >> that's all for this edition of dateline. i'm craig melvin. thank you for watching. ♪ ♪ ♪ ♪ ♪ i'm craig melvin >> and i'm natalie morales. >> and this is "dateline".

>> i had a friend from high school had put something up on my facebook. diana is one of my oldest friends. i just fell apart. >> i couldn't believe it. still doesn't seem real to me. >> the wedding was in the woods. >> a really nice, outdoor, forest wedding. >> a few years later, the marriage was in shambles. >> she wanted to have a clean divorce. >> then a call out of the blue. >> they were going to meet? >> yes. >> followed by a shot. >> the meeting was set up for someone to get hurt. >> did they find the shooter? >> no. >> just vanished? >> vanished. >> who was this mystery man on a midnight mission? >> he brought everything that you would need to murder someone. >> turns out it was a gunman police and maybe even you already know. >> i had seen the dateline previously. >> someone was hiding a secret. >> where there's smoke, there's

fire. >> someone else couldn't keep one. >> she just started crying and said, it's all true. it's all true. >> and a conspiracy to kill is caught on camera. >> when we opened that email and saw that video, we were like, oh my gosh. >> a shot in the dark and a stunner in court. >> every once in a while, we get a doozy. this was one of them. >> hello and welcome to "dateline". diana lovejoy and her husband greg mulvihill, were living the california dream. both were smart, outdoorsy types and the couple had just welcomed a beautiful baby boy. then their tale took a turn, not towards happily ever after, but some were much darker. a call from a stranger would send one of them down and isolated rural road to retrieve

a mysterious package. what was behind the secretive mission and who had set it up? here is andrea canning with "the night of the new moon". >> reporter: it was dark when it happened, so dark astronomers have a name for it, the night of the new moon, when the moon, the sun and the earth are all in alignment. and the lunar cycle begins a new. some look at a new moon as a time of rebirth, a fresh start. if only the people we trust here on earth were as dependable as the night sky. >> there is a guy laying down like a sniper. we saw the gun. and he shot at us, like, six or seven times. ♪ ♪ ♪ >> reporter: carlsbad, california, an affluent seaside community in northern san diego county. a tourist haven known for its

beaches, surfing and breathtaking views. this paradise became home to a woman named diana lovejoy. >> she's just really funny and silly and smart and really easy to talk to. >> sara became fast friends with diana when they met in the sixth grade. >> all through high school we would write these hilarious notes to each other, still paying attention in class. >> reporter: of course. >> of course. we would challenge each other, like who could write the first sentence of the worst romance novel. >> she says diana had a true gift for creative writing. as well as music. something sara, now a professional bassonist, know something about. >> she was a really fantastic piano player from a really early age. >> you two really shared a love music? >> yes. yeah, we did. we were in marching band together. it was really fun. [laughs] >> she had a schedule. she would wake up, she would do her reading. >> jennifer was diana's college roommate. >> she was extremely

disciplined. >> and diana was passionate about staying fit. >> it was going for a walk, taking a hike, getting on her bike, going for a swim. >> diana's healthy lifestyle and good looks were hard to miss. >> it always seemed like guys always really, really liked her. she wasn't trying to attract attention, but she was just one of those people that people tend to notice her. >> she was very pretty. >> she was super pretty. yeah, and she's got this long legs. >> i think it was the complete package about diana. so, smart, gorgeous, sweet, caring. >> reporter: after college, diana went to work in the tech industry and ramped up her fitness routine. >> she'd competed in several triathlons and she also was personal fitness coach. >> reporter: eventually, single, focused diana met someone who also loved bike riding and soaking up the outdoors, a software engineer

named greg mulvihill. >> he was really gracious and really very sweet guy. and very much like her. >> after two years of dating, diana and greg tied the knot in august of 2007. >> they just seemed like the right fit. and she seemed really, really happy. >> reporter: the couple was eager to start a family. but that didn't come easy for her? >> no, it didn't. >> reporter: diana suffered multiple miscarriages, then had a difficult, high risk pregnancy, which made september 2012, all the more special when diana gave birth to a healthy baby boy. i mean, that must have been just an incredible day for her, to know that that baby was born. >> yeah. >> reporter: at last, diana had her happy family. but that wouldn't last long. by the time their son turned two, the marriage was falling apart. diana kicked greg out of the house and got a restraining order against him. in court documents, diana alleged that greg said he

wished her dead, that he sexually molested her in her sleep, and she suspected he also molested their son. greg denied all of diana's allegations and fired back, said diana had verbally and physically berated, attacked, and belittled him over the last several years. things were getting ugly. >> yeah, things were getting ugly. >> reporter: greg filed for divorce in august of 2014 and the couple fought bitterly over custody of their son. at first, greg was only allowed supervised visits. but after numerous evaluations by therapists and law enforcement, courts found no evidence of abuse and ultimately awarded greg 50/50 custody with diana. but diana was scared for herself and her son, a fear that ultimately led her here, a shooting range. >> i was surprised when she was taking lessons in marksmanship. i was like, oh, wow, this is more serious than i thought. she's actually concerned about

her safety in a really, really, real way. >> reporter: at the range, it seemed diana met just the man she was looking for, a former marine, skilled in self- defense. someone you might know, too, from "dateline". >> coming up -- >> i've always been a very protective person. >> we first met him when he helped rescue a woman from danger. >> this guy sounds like he was actually looking out for you a little bit. >> yeah, he helped me so much. >> but when he met diana lovejoy, something changed. >> she would text him at all different times. i didn't like that. >> when "dateline" continues. " a legend,... a legacy,... a pop star,... and a tight end all have in common? they all got this season's updated covid-19 shot to help better protect them against recent variants. got it? ♪♪ ♪♪

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reporter: when diana lovejoy decided to take shooting lessons for self- defense, she went to a range called iron sights. that's where she met a man with just the expertise and attitude she needed. >> i hate bullies. >> reporter: from an early age, weldon mcdavid was passionate about protecting other people. >> i used to protect my friends on the way home to school. we had a bully that tried and tried to start fights with us. and then i found out that a nicely applied arm lock would get that bully to kiss the streets and we don't have to run anymore. >> when he grew up, weldon enlisted in the marine corps.

after service, he enrolled in the fire service. we melt weldon back in 2013 when we covered the story of another woman he met at the shooting range. >> a customer walked in and i could tell something was wrong with her. i couldn't tell exactly what, but i could read that she was under some kind of stress. >> reporter: her name was crystal harris. >> he's like, "yeah, can i help you? " i said, i need to buy a gun. and i said that it is not just for putting it away, i said my life is in danger. and it's from my husband. and he was like -- whoa. >> reporter: crystal, a mother of two young sons, told weldon her husband was violent and abusive. she said she wanted to buy a gun for protection. >> so at that point, i asked her are you prepared to kill him? because that is a very real possibility. if it's his life, your son's life, or your life, then you have to make that decision.

and after a few moments she said, "yes, if i have to." >> reporter: weldon took crystal under his wing, taught her to defend herself even in stressful situations. >> this guy sounds like he was actually looking out for you a little bit? >> yeah. somebody who's in the business of saving lives and a warrior and a hero and that type of mentality. yeah, he wanted to help me. >> at home, crystal also helped herself, > used a mini cassette recorder to gather evidence against her husband. >> oh god, stop. please. please. >> reporter: one night, crystal captured something horrible. she said it was audio of her husband raping her. >> you're choking me. you're choking me. please. >> she walked in and she was visibly shaken. i knew something had happened. >> reporter: crystal played a bit of the tape for weldon. >> i've always been a very protective person.

if you're a friend or family, i will do anything for you. i really wanted to go and kill him. >> reporter: crystal later called police and got her husband arrested. when he made bail, she called weldon, who came to her house and helped crystal figure out the safest place to hide if her husband returned. >> checked out the entire house top to bottom. told her some defensible spaces. >> reporter: crystal never did need to use her new gun. her husband was convicted of a forcible sex crime and spent five years behind bars. but she was grateful for the sense of empowerment and protection weldon mcdavid gave her. >> he helped me so much. >> reporter: it's a very unlikely friendship? >> right. but if i needed him, if i was worried about something or whatever, i could just call him. >> reporter: crystal embarked on her new life without her husband. and weldon moved on, too. a few years after befriending crystal, weldon found romance.

he met a woman called lea. >> i had decided to learn how to shoot and buy a firearm and learn how to use it. i was tired of feeling vulnerable as a woman. and being scared of noises that night. >> lea says that weldon didn't make a huge first impression when he rang up her purchaes at the shooting range. but soon she realized -- >> he was interested and i was not, at first. and he won me over. >> how did he do that? >> he's very witty and hasvery good intelligence and humor, and just a very engaging personality. >> reporter: weldon told her about his work with crystal. >> it was just consistent, that he had come alongside and, help them feel more confident and safe. >> and just like crystal before her, lea felt empowered around weldon. >> he's strong and i enjoyed his strength. i felt safe around him. >> on september 20th 2014, lea

became mrs. mcdavid. less than two years later, she gave birth to their son. somewhere around there, weldon told them about another woman he was helping at the range, a woman named diana lovejoy. >> he told me about her husband and she was afraid of him and that they were going through a divorce. >> reporter: once again, it seemed weldon had assumed the role of protector, this time in diana's life. but lea thought something didn't seem quite right. >> she would text him at all different times about things, and i didn't like that. i didn't think it was professional. we disagreed about him communicating with her. i think he saw the need of somebody, both herself and even moreso her child, who couldn't protect himself and felt like

he needed to help. >> reporter: something weldon had done all his life. lea could understand that. what she could not understand was what came next. >> hello this is 9-1-1. >> hi, my friend has just been shot. can you call an ambulance? >> yes, we have the paramedics. they're on route now, okay? >> a sniper waiting in the dark, but who was the target? coming up -- >> they're hearing multiple bullets, multiple rounds whizzing past their heads. >> did they find the shooter? >> no, he just vanished. >> vanished. >> when "dateline" continues. . >> when "dateline" continues. af shrimp. now one of seven endless choices. only at red lobster. welcome to fun dining. i have moderate to severe plaque psoriasis. thanks to skyrizi, i'm on my way with clearer skin. 3 out of 4 people achieved 90% clearer skin at 4 months. and skyrizi is just 4 doses a year after 2 starter doses. serious allergic reactions and an increased risk of infections or a lower ability to fight them may occur. tell your doctor if you have an infection or symptoms, had a vaccine, or plan to.

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hello. this is 9-1-1. >> late on a moonless night on september 1st, 2016. >> my friend has just been shot. >> reporter: the man on the line described a scene that just doesn't happen in the affluent community of carlsbad, california. multiple gunshots fired, an apparent sniper on the loose. >> he was lying down in a sniper position like in the army. just hiding in the bushes. >> i'm at home and i'm sleeping. >> reporter: carlsbad detective sergeant darbie ernst was on call that night. >> it's all hands on deck and we're calling just about every detective that is available to come in. >> reporter: sergeant ernst learned the 9-1-1 caller was a man named jason kovach and he was calling about his coworker, diana lovejoy's husband, greg

mulvihill. >> he said that his friend greg mulvihill had been shot and they needed assistance immediately. >> reporter: ernst learned that when the first officer got to the scene, he found greg in his car bleeding from a gunshot wound. >> he was shot in the left side of his chest and the bullet went essentially in through the front and out through the back. >> reporter: while greg was rushed to the hospital, a swat team combed the hillside where he had been shot. did they find the shooter? >> no. >> reporter: just vanished? >> vanished. >> reporter: but sergeant ernst heard a detail that was curious. when the 9-1-1 call about the shooting came in, the situation immediately rang a bell with the dispatchers. >> greg mulvihill had called our dispatchers earlier in the evening to ask their advice. he had received a phone call from an unknown person stating that that person was a private investigator and had some information. >> reporter: greg said the mysterious caller was a man with a deep voice who claimed to have documents that greg would want to see.

greg got the impression it was evidence that could be used against him in his custody battle with diana. the man said he'd leave a package for greg to pick up. greg asked the dispatcher whether he should go. what was their response? >> reporter: probably not a good idea, but it was up to him. >> reporter: and he went? >> and he went. >> reporter: this was the meeting spot. an isolated dirt road near a power pole. greg asked his boss, a neighbor jason, to join him on this bizarre mission. jason told police, around 11 pm, the men pulled up to the intersection of avenida soledad and the dirt road. sergeant ernst and detective scott stallman took us there. >> the package was supposed to be taped somewhere along the powerline. >> greg carried a bright bicycle light and gave his friend a child's baseball bat, just in case. the men walked along the path and looked for the package, but couldn't find it. greg scanned the area with his light and then noticed, there in the brush -- >> he sees that is actually a

person laying on the ground holding a sniper rifle. >> reporter: that's terrifying. >> terrifying. >> reporter: the man appeared to be wearing camouflage. greg or jason yelled, "gun" or maybe "run." >> they turned, took off back towards the car. and that was when mr. mulvihill was shot. and as they're running back, they're hearing multiple bullets, multiple rounds whizzing past their heads. >> reporter: they got in the car and took off. but then greg realized how badly he was injured. he pulled over and jason called 9-1-1. greg mulvihill was being hunted. >> correct. he just didn't know what trap he was walking into. >> correct. >> nor who was hunting him. >> reporter: miraculously, greg survived his injuries. >> he was in the dark and didn't have any idea of who would have done this or anybody that he could think of that would do this. >> greg did say he was nearing the end of a bitter custody dispute with his wife, diana lovejoy, but quickly dismissed the idea that she could've

played any role in what happened. >> there's no way, she's not that type of person. there's no way she could be involved in this in any way. >> reporter: of course, police payed a visit to diana. she said she had no idea who could have shot greg. >> there was nothing in his immediate history that would have led us to think that he was involved in any sort of criminal activity or that any of his acquaintances would have done him harm based on any sort of activities he was involved in. >> reporter: didn't he secrets from his job, maybe high-level job, with computers? >> no. >> he brought his boss with him to the crime. >> reporter: sergeant ernst did have one lead to follow. >> we knew we needed to get to the bottom of the phone number that was used to call him to lure him to the area that night. >> reporter: you have this phone number in greg's phone? >> yes. >> reporter: when that number was traced though -- >> it was actually a track phone, which is essentially a burner phone. which means there's not going to be any subscriber information. >> reporter: but there were able to track the purchase of the phone to this best buy about four miles from the crime scene. >> they still have the video

surveillance of that purchase. >> reporter: best buy emailed sergeant ernst some still photos from their surveillance camera. >> i had called in scott and a couple other detectives to basically be ready for who this mystery person was going to be that was buying this track phone. >> reporter: who was it? >> coming up -- a would be killer caught on camera. >> reporter: is this a smoking gun? >> definitely points in a direction. >> when "dateline" continues. direction. >> when "dateline" continues. imagine what we could splurge on. oh, like sourdough. no, the good stuff, like blueberries. -uh, and strawberries? -exactly. raspberries, blackberries, cranberries, elderberries, boysenberries... okay, we don't need to name all the berries. ...goji berries, halle berry. -i'm just kidding. -mm-hmm. but i love her. switch to progressive, and you could save hundreds, to spend on whatever you dream up. [cough] honey... honey. nyquil severe honey. powerful cold and flu relief

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hi, i'm richard louis with the hours top stories. hundreds of thousands without power in california this morning, as the pacific coast was battered sunday but what's being called a potentially historic storm. the heavy rain prompted flash flood warnings in los angeles area sunday. and he just took home her record fourth album of the year award of the 66th grammy awards on sunday. swift also announced her 11th

studio, set for release on april 19th. now back to dateline. now back to dateline. welcome back to dateline, i'm craig melvin. investigators believed greg mulvihill was being hunted. he had received a phone call from a stranger who offered to turn over potentially damaging information but instead lead greg into an ambush. scouring the scene, police did not find the gunmen, but they did track down a promising clue, one that was about to lead detectives to a startling discovery. once again, here's andrea canning with "the night of the new moon." >> my friend has just been shot. >> reporter: greg mulvihill had been shot and barely survived. someone had lured him to the scene of the crime with a call from a burner phone. now, police gathered around sergeant darbie ernst's computer

screen to see security camera images of the person who had bought the burner. >> reporter: who was it? >> it was diana lovejoy. >> reporter: diana lovejoy, greg soon to be ex-wife. >> reporter: is this a smoking gun, getting this photo of diana lovejoy? >> it definitely points us in a direction. there is a lot more to be done. >> reporter: sergeant ernst's team searched for more evidence in diana's home. >> we were able to locate the clothing that she was wearing when she purchased the phone. >> reporter: police had enough to arrest diana and bring her in for questioning. at first, she denied any involvement in the shooting. what is her alibi? >> that she was at home all night long, she never went out. >> reporter: and police realize she might be telling the truth about that, just because she bought the track phone, didn't mean she was at the crime scene. because diana was most likely not the person lying in the grass in camouflage with a rifle, fair to say? >> yes. >> reporter: did you ask her if she hired someone to kill greg? >> yes.

no, i did not. >> reporter: detectives pressed her and diana told them something they didn't expect. >> she starts to describe her relationship with her shooting instructor. >> diana told police her instructor's name, weldon mcdavid. >> he had volunteered to help her protect herself from her ex husband. >> reporter: weldon mcdavid was the night in shining armor to another woman in this area. >> right. >> yes. >> reporter: that woman of course was crystal harris. police knew about her situation, but diana's story was very different and it seemed to change as they questioned her. diana told police that weldon had agreed to help her win custody of her son by intimidating greg. >> weldon was to scare her ex husband and just be a big brooding person over him to tell him that he needed to drop

all of his custody and disappear. >> reporter: diana said that she'd paid weldon for his services. >> she gave him $1,000 up front and another $1,000 after. >> reporter: just for scaring him? >> yes. >> reporter: diana said on the night of september 1st she picked up weldon at this park and ride. >> he gets into his car, carrying a soft rifle case and dressed in camoflouge. she asked him what was in the case, and he said not to worry about it. >> reporter: she said she gave him the burner phone, dropped him off near the dirt road and then waited for his call. but when she went back to pick him of up -- >> he gets into the car and states that things went wrong and i had to shoot. >> reporter: what does she say her reaction was to that? >> she didn't know what happened. and she didn't ask anything else. >> reporter: that was diana's story. she hired her shooting instructor to intimidate greg,

but that was it. so now police had another suspect, weldon mcdavid. his wife lea was home with her newborn baby when the phone rang. >> and i answered the phone, it was swat, they were on my street and told me to come out of the house with the baby. >> reporter: did you have any clue to either where? >> none. >> reporter: they were there to look for evidence that weldon shot greg mulvihill. >> the most striking thing about the house that mr. mcdavid had guns everywhere. >> reporter: the district attorney said that they found a number of guns in the house, but none was connected to the crime. but then, hidden in the garage -- >> they found the upper portion of an ar-15. >> reporter: police noticed there was a suppressor, or silencer, attached to the weapon and a brass bag which catches shell casing so they don't fall through the ground. >> and the brass bag happened to have seven spent shell casings in it, which is the same number of shots that were

fired that night in carlsbad. >> you think you found the weapon? >> without a doubt. >> reporter: but lea had plenty of doubts. >> he has the skills to do that, but he doesn't have the personality or the hard to do that. >> reporter: police arrested weldon. at the station, he initially denied everything. >> the gentleman got shot. i'm asking you where you were at last week? >> what location? >> rancho santa fe, avinido soledad. >> i don't know that location. >> reporter: but when police told him they had some potential dna evidence that would place him at the scene, his story suddenly changed. >> i have a feeling i'm being set up. >> by who? >> in fact, i know i'm being set up. >> who setting you up? >> i'm so stupid.

>> reporter: the prosecutor didn't believe weldon have been framed exactly but set up? in a way, yes. remember those horrible allegations of abuse diana made against greg, that he molested her and their son? the prosecutor believed that diana fabricated them. >> all the therapists, the physicians, everyone that was involved made the determination that there was no truth to it. when the court system didn't believe her, then she decided to come up with a way to have him killed. >> reporter: and the prosecutor sai, that's where weldon cayman. a self styled protector, a man primed to react to the exact type of allegations diana was making. >> oh, god. stop. >> remember what weldon said on dateline when he heard the crystals recording of her husband's abuse? >> i really wanted to go and kill him. >> the prosecutor believed diana viewed weldon as her way to get rid of greg. >> i think that she saw in weldon the exact kind of person that she would need to carry this out. and it is somebody who has a hero complex, and she needed somebody that she could

manipulate. >> the prosecutor learned something else. diana admitted she had slept with weldon. >> and i think she used her sexuality to do what it is that she wanted him to do. >> reporter: on september 12th 2016, weldon mcdavid and diana lovejoy were both arraigned on charges of attempted murder and conspiracy to commit murder. was diana a criminal mastermind who manipulated weldon, sent him on a mission to kill? was weldon a would-be warrior who was hired to intimidate greg, but decided to murder him instead? the two would face trial together. and their defense? well, you'll just have to hear it for yourself. >> coming up -- >> the victim. >> i realized i was looking at a barrel into a scope of a gun. >> the shooter. >> i knew i had to do something. >> and a surprising witness.

>> diana said we need to promise not to tell my mom or my mom, or my sister. >> when "dateline" continues. y >> when "dateline" continues. icy hot. your best defense against erosion and cavities is strong enamel - nothing beats it. new pronamel active shield actively shields the enamel to defend against erosion and cavities. i think that this product is a gamechanger for my patients - it really works.

late october, 2017. weldon mcdavid and diana lovejoy, one time gun instructor and student, one- time lovers, now on trial together, facing charges they conspired in the attempted murder of diana's husband, greg mulvihill.

>> i'm going to ask that you find both of the defendants guilty. >> prosecutor jody white-breton knew she had a strong case. >> i was on a dirt road. weldon mcdavid had placed himself at the scene of the shooting and diana admitted to paying him to scare her husband. but the prosecutor worried that the defense would try to use diana's unsubstantiated allegations of assault against greg to try and sway the jury. >> they might see this as well, she had a right to do that if her husband was doing something to the child. >> yes. so i had to walk a balance of deciding whether or not i was going to let in the allegations that she had made or try and ignore them. and ultimately, i decided to just take it square on. >> reporter: it was one of the first thing she asked greg about when she took with he took the stand. >> did you ever sexually assault your wife? >> no. >> did you ever molest your boy? >> no. >> reporter: greg said he fought hard for 50/50 custody

of his child and didn't want to risk losing that. so he felt compelled to see whatever information the mysterious caller had for him. >> i went like this and i scanned. >> reporter: greg demonstrated how he was holding the bright bicycle light in his hand when he noticed what he thought was a pile of clothes in the brush. >> staring at it for a second, i realized i was looking at a barrel and scope of a gun. >> reporter: and then, a gunshot. >> it felt like i had been hit in the back, which was confusing to me because i knew i was looking at a gun. but it felt like something hit me in the back. >> reporter: in the confusion, greg said he or jason yelled run, or possibly gun. >> while we were running, i heard about six more rapid gunshots. >> reporter: their prosecution argued diana paid weldon mcdavid to kill greg that night. and it seemed weldon may not have been the only one diana approached with this goal in mind.

>> do you solemnly swear -- >> reporter: there was an unlikely witness against diana, a woman who reluctantly shared her story with prosecutors, her own aunt, diana clark. >> diana said you need to promise to not tell my mom or my sister. can you promise me that? and i said, yes. >> then aunt diana testified that on christmas day, 2015, her niece asked her this. >> she said, can you help me find someone to kill greg? >> reporter: and diana did not help her niece find a hit man. instead, the state argued, diana lovejoy found weldon mcdavid. and when it came time for the defense to make its case, he was the star witness. >> mr. mcdavid, you talked about -- >> reporter: according to weldon, the only plan the night of the shooting was to gather information for diana. >> how much was she going to pay you to gather this information? >> it was $2,000.

>> reporter: weldon said he called greg from the burner phone claiming he had evidence he abused his child. the idea, said weldon, was if greg actually showed up at the location, that proved his guilt. weldon said he planned to record greg so diana could take that information to court. >> anybody who is not guilty of child abuse, in my mind, would not come out at night to meet someone or to pick up any evidence that they didn't know where it came from. >> reporter: weldon said that he was not planning to fire any shots, until he claimed he heard one of the men say i've got a gun. >> as soon as he said those words, i decided i had to do something. >> reporter: so weldon said he aimed his ar-15 at the flashlight and fired. he said he hit greg by accident. >> the shot that i missed was the flesh.

>> reporter: weldon's proof it wasn't intentional? he said he was such a good shot that if he had been shooting to kill, he would have. >> i did not miss a man-sized target. it just would not happen. >> in a well-meaning way, he came up with a very stupid plan and brought a gun to it. >> reporter: rafael acosta is weldon's former attorney he did not represent him at the trial. he believes weldon acted out of what he calls a misguided hero complex, but never planned to kill or even hurt greg mulvihill. >> there you go. >> reporter: acosta says he thinks weldon's experience with crystal harris had a profound impact on him. >> that was the first case he heard nobody was listening to that woman, and ultimately that woman was borne to be correct. and now he has a second woman who is saying nobody is listening to me. so, what do you do when nobody

else is willing to help? you help. >> did you yourself have any conversations about a plan to kill greg mulvihill? >> no. >> reporter: the big question on cross examination, why show up in camouflage with an ar-15 if the goal was just to record greg picking up the package? >> could you not have just accomplished the exact same goal by sitting in your car and watch him walk down? >> that would've put me out in the open and made me a potential target. >> so you felt it was safer for everybody concerned for you to be dressed camo with an ar-15 tucked under the bushes, that was a safer thing to do? >> based on my training and my experience, yes, i thought that was the safest for everyone involved. >> reporter: but remember how dark it was the night of the shooting, the night of the new moon? the prosecutor said that was no coincidence.

diana purposely chose a night when weldon could hide unseen. >> there were google searches that miss lovejoy had made regarding the new moon and when it was. and when the peak point of darkness was, which happened to be at the same time that they lured him out there. >> reporter: and the prosecution had one more piece of evidence for the jury, a potential financial motive for murder. as part of the divorce settlement, diana owed greg $120,000. the money was due three weeks after the day of the shooting. >> however, if he's dead, which would ultimately come right back to diana. >> reporter: in closing arguments, the prosecutor said there was no doubt diana lovejoy and weldon mcdavid had conspired to kill greg mulvihill. >> they didn't plann for jason kovach. they didn't plan for a bright bike light to light up mr.

mcdavid. and they did noy plan to get caught. no reason to kill? he had 120,000 reasons to kill. >> what would the jury think? first, let's see what you think. hear what weldon and diana had to say when we visited them in jail. >> coming up -- a defendant's biggest regret, not what you might think. >> if i could only take back one thing, i would take that. >> and drama in court. when "dateline" continues. >> a. when "dateline" continues. because your child is still growing. charlie: i had 14 rounds of chemo. there's thousands and thousands of kids all over the world who need help. girl: it is my first time having cancer. and it's the very worst. spokesman: saint jude children's research hospital works day after day to find cures and save the lives of children with cancer and other life threatening diseases. woman: it's scary to watch your kid battle

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welcome back. was greg mulvihill's shooting an accident or a cold blooded murder attempt? prosecutors believed his ex wife diana lovejoy wanted him dead and convinced her lover weldon to do her evil bidding. the defense countered that the marksman missed his target and the whole thing was a terrible mistake. the jury was about to deliver its verdict. but first, weldon and diana each shared what they say happened with us. here's andrea canning with the conclusion of "the night of the new moon." >> i want people to know that i did not attempt to murder anyone. >> reporter: we met with weldon mcdavid at the vista california detention facility where he'd been since his arrest on charges he and diana lovejoy had conspired to murder her husband.

>> reporter: you had an ar-15, you're lying on your belly in camouflage, you have a gun suppressor, a brass bag to catch your shell casings. this sounds like a plan to kill someone. >> if i was going to kill him, i could've hit him at any point in that walk. that would've been easy. >> reporter: why did you keep firing, six times? >> i fired over their head so they would start to run. if i wanted to kill them, i had more than ample opportunity. >> reporter: weldon told us it was ridiculous to believe that he would kill someone for $2,000 and called having sex with diana his biggest regret. >> it was wholly unsatisfying. if i could take back one thing, i would take that out of the equation. >> reporter: being with diana? >> yes. >> reporter: you wouldn't take back shooting greg? >> if there was one thing i could take away, i would take that away. because i hurt my wife. that means more to me than anything. >> reporter: weldon insisted

that the only thing that brought him to that dirt road the night of the shooting was a desire to help diana and her son. did diana lovejoy have a hold on you? was she manipulating you? >> no. >> reporter: it's been said that you have a misguided hero complex, what do you say to that? >> i'm no one's hero, not at all. if trying to help someone is misguided hero, then, so be it. >> reporter: we went to diana's jail to speak with her as well. do you and weldon have a plan to kill greg mulvihill? >> no, absolutely not. >> then why lure him there? why put yourself in this position? >> i wouldn't even say that we lured him, he had a choice, he set up a meeting with weldon. >> reporter: we didn't have much time at the jail, so we spoke again by phone. this time, i wanted to ask her

about aunt diana. your aunt diana was a key witness for the prosecution. she claimed that you two had that conversation that you were looking for someone to kill greg. >> right, she said that. and it is not true. >> reporter: diana said she was never close with her aunt. >> she's highly manipulative, she's selfish. and i know that my aunt has a motive to help greg's case, my ex, because she wants contact with my son. >> reporter: in a letter to the court, aunt diana wrote that she was always generous with her niece and supportive of her and her son. we then asked diana lovejoy did she mastermind a murder plot? >> there was absolutely no talk and no speaking of killing anyone, or hurting anyone. i have a huge heart and i'm not capable of hurting someone. >> reporter: would the jury agree? after about half a day of deliberations, a verdict. >> we've a jury in the cause

find the defendant, diana lovejoy, guilty of the crime of attempted murder of -- >> reporter: guilty of murder and conspiracy to commit murder. then, something unexpected happened. >> weldon mcdavid, the defendant, verdict -- >> reporter: while weldon waited to hear his fate -- diana collapsed, seemingly overcome with shock. >> we're gonna need a recess. >> reporter: court was adjourned and diana was handcuffed to a gurney, wheeled out to an ambulance and brought to a hospital, where she made a full recovery. when court resumed -- >> guilty of the crime of conspiracy to commit murder. >> reporter: weldon learned he'd also been convicted on all charges. >> at their sentencing hearing two and a half months later, weldon addressed the court. >> i did not intend to shoot mr. mulvihill. i'm sorry that i shot mr.

mulvihill. it was an aiming error, as i stated previously. >> reporter: and then diana spoke publicly for the first time. >> it's so painful some people think that i have it in me to do this. i still care about greg and as much as he -- i did love him. i loved him a lot. i just hope that that reality, the reality, the higher reality of what happened, what we really intended comes out. i believe it will someday. >> reporter: weldon was sentenced to 50 years to life in prison, diana 26 to life. did you ever think that your friend diana could ever get wrapped up in a wild story like this? >> no. no, it's my worst nightmare. >> reporter: greg mulvihill now has full custody of their son. >> i've actually had a lot of heart to hearts with greg mulvihill, and i do generally think that he is a sweet, nice

man and didn't deserve any of this. >> reporter: walden's wife lea is now a single parent, too. >> he shouldn't be in prison. he should be home. weldon is a beautiful person that my son should be able to have in his life. >> reporter: weldon mcdavid, the man who said he just wanted to help, who once empowered a woman caught in an abusive marriage, now, the fallen hero, contemplating life behind bars. perhaps he sums it up best. >> there is no winners here. there is no winners at all. this whole situation is a loss. >> that's all for this edition of "dateline." i'm craig melvin, thank you for watching. i'm craig melvin, thank you for watching. border battle. >> the border is a catastrophe. >> we have a broken immigration system. >> a bipar