Skip to main content

tv   Dateline  MSNBC  October 12, 2019 11:00pm-12:00am PDT

11:00 pm
another friend from high school had put something up on facebook. diana is one of my oldest friends. i just fell apart. i couldn't believe it. 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 just have a clean divorce. >> then, a call out of the blue. >> they were gonna meet? >> yes. >> followed by a shot. >> the meeting was set up for someone to get hurt. >> did they find the shooter? >> no. >> just vanished?
11:01 pm
>> 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 open 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 awhile, we get a doozy. and this is one of 'em. >> i'm lester holt and this is "dateline."
11:02 pm
if only the people we trust here on earth were as dependable as the night sky. >> there's a guy lying down like a sniper. we saw the -- the gun. and he shot at us, like, six or seven times. >> 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 anew. 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's a guy lying down like
11:03 pm
a sniper. we saw the -- 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. >> reporter: sara schoenbeck became fast friends with diana when they met in the 6th grade. >> all through high school, we would write these hilarious notes to each other. still payin' attention in class, but -- >> reporter: of course. >> of course. we would challenge each other, like, who could write the first sentence, like, of the worst romance novel. >> reporter: she says diana had a true gift for creative writing, as well as music. something sara, now a professional bassoonist, knows
11:04 pm
something about. >> she was a really fantastic piano player from a really early age. >> reporter: you two really shared a love of music? >> yes. yeah, we did. we were in marching band together. it was really fun. >> reporter: she had a schedule. she would wake up. she'd do her reading. >> reporter: jennifer was diana's college roommate. >> she was extremely disciplined. >> reporter: and diana was passionate about staying fit... >> it was going for a walk. taking a hike. getting on her bike. going for a swim. >> reporter: 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 just was one of those people that people tend to notice her. >> reporter: uh-huh. she's very pretty. >> she's super pretty, yeah. and she's got those long legs and yeah. >> i think it was the complete package about diana. so smart, gorgeous, sweet, caring.
11:05 pm
>> 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 a 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 a very sweet guy. and -- and very much like her. >> reporter: 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've been just an incredible day for her, to
11:06 pm
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'd 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. >> no, 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, the courts found no evidence of abuse, and ultimately awarded greg
11:07 pm
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 that -- when she was taking, like -- lessons in marksmanship. i was, like, "oh wow, this is more serious than i thought. you know, she's actually concerned about her safety in a really -- 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." we first met him, when he helped rescue a woman from danger. >> reporter: 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, you know, text him
11:08 pm
with -- at all different times. i didn't like that. ♪ ♪ no matter how you stay fit keep it light with light & fit's rainbow of delightful, protein-packed flavors. ♪ ♪ thenot actors, people, who've got their eczema under control. with less eczema, you can show more skin. so roll up those sleeves. and help heal your skin from within with dupixent. dupixent is the first treatment of its kind that continuously treats moderate-to-severe eczema, or atopic dermatitis, even between flare ups. dupixent is a biologic, and not a cream or steroid. many people taking dupixent saw clear or almost clear skin. and, had significantly less itch. that's a difference you can feel. don't use if you're allergic to dupixent.
11:09 pm
serious allergic reactions can occur, including anaphylaxis, which is severe. tell your doctor about new or worsening eye problems, such as eye pain or vision changes, or a parasitic infection. if you take asthma medicines, don't change or stop them without talking to your doctor. so help heal your skin from within, and talk to your eczema specialist about dupixent. but since they bought their new house... which menu am i looking at here? start with "ta-paz." -oh, it's tapas. -tapas. get out of town. it's like eating dinner with your parents. sandra, are you in school? yes, i'm in art school. oh, wow. so have you thought about how you're gonna make money? at least we're learning some new things. we bundled our home and auto with progressive, saved a bunch. oh, we got a wobbler.
11:10 pm
progressive can't protect you from becoming your parents, but we can protect your home and auto when you bundle with us. that's what the extra menu's for. you have fast-acting power over pain, so the whole world looks different. the unbeatable strength and speed of advil liqui-gels. what pain? pampers is here to help every parent love the changes a baby brings. [baby cries] pampers is the first and only diaper with air dry channels. they stay up to 3 times drier, so babies can sleep soundly...all night. pampers.
11:11 pm
>> 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.
11:12 pm
>> reporter: from an early age, weldon mcdavid was passionate about protecting other people. >> i -- i used to protect my friends on the way home from 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 street. and we didn't have to run from him anymore. >> reporter: when he grew up, weldon enlisted in the marine corps. after leaving the service, he worked as a firearms instructor. we met 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 somethin' was wrong with her. i -- i couldn't tell exactly what, but i -- 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, "and it's not just for putting it away." i said, "my life is in danger. and it's -- it's from my husband."
11:13 pm
>> 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. you know, "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, you know -- a warrior and a hero and that type of mentality, yeah, he wanted to help me. >> reporter: at home, crystal also helped herself, used a mini cassette recorder to gather evidence against her husband. >> oh, god. stop. please,
11:14 pm
please, please shawn. >> 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 somethin' 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'll do anything for you. i really wanted to go and kill him. >> reporter: crystal later called police and had her husband arrested. when he made bail, she called weldon, who came to her house and helped crystal figure out the safest places 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 served more than three years in prison. but she was grateful for the
11:15 pm
sense of empowerment, and protection, weldon mcdavid gave her. >> he helped me so much. >> 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 when he met a woman named lea conant. >> 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 at night. >> reporter: lea said weldon didn't make a huge first impression when he rang up her purchases at the shooting range. but soon she realized. >> he was interested. and i was not at first. and he won me over. so -- >> how did he do that? >> he's very witty.
11:16 pm
and has very good intelligence and humor and -- just a really engaging personality. reporter: weldon told her about his work with crystal harris. >> it was just consistent with what i had heard about different people that he had come alongside and helped them feel more confident and safe. >> reporter: and just like crystal before her, lea felt empowered around weldon. >> he's strong. and i -- i enjoyed his strength. and i felt safe around him. >> reporter: on september 20, 2014, lea became mrs. mcdavid. less than two years later, she gave birth to their son. and somewhere in there, weldon told her about another woman he was helping out 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.
11:17 pm
>> she would, text him at all different times about things. and i -- i didn't like that. i didn't think it was professional. and we disagreed about him communicating with her. and i think he saw the need of somebody -- both herself and her -- even more so 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 911. >> hi. uh, my friend has just been shot. can you call for an ambulance? >> yes, we've got the paramedics -- we're getting the paramedics en route, okay? a sniper, waiting in the dark. but who was the target? here, it all starts with a simple...
11:18 pm
11:19 pm
11:20 pm
hello! -hi! how can i help? a data plan for everyone. everyone? everyone. let's send to everyone! [ camera clicking ] wifi up there? -ahhh. sure, why not? how'd he get out?! a camera might figure it out. that was easy! glad i could help. at xfinity, we're here to make life simple. easy. awesome. so come ask, shop, discover at your xfinity store today.
11:21 pm
>> hello. this is 911. >> reporter: late on a moonless night on september 1, 2016 -- >> hi. uh, 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, like, a sniper position.
11:22 pm
like, uh, like in the army. he was 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 up just about every detective that is available to come in. >> sergeant ernst learned the 911 caller was a man named jason kovach, and he was calling about his co-worker: 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 then 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. >> just vanished? >> vanished. >> reporter: but sergeant ernst heard a detail that was curious when the 911 call about the
11:23 pm
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? >> probably not a good idea, but it was up to him. >> and he went? >> and he went. >> reporter: this was the meeting spot. an isolated dirt road near a power pole. greg asked his boss and neighbor, jason, to join him on this bizarre mission. jason told police, around 11pm, the men pulled up to the intersection of avenida soledad
11:24 pm
and the dirt road. sergeant ernst and detective scott stallman took us there. >> the package was supposed to be taped somewhere up along the power pole. >> reporter: 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 it's actually a person laying on the ground holding a sniper rifle. >> that's terrifying. >> terrifying. >> reporter: the man appeared to be wearing camouflage. greg or jason yelled gun! or maybe run! >> and they turned and took off back to -- towards their car. and that's when -- mr. mulvihill was shot. >> and as they're -- running back they're hearing -- multiple bullets, or multiple rounds, whizzing past their head. >> reporter: they got in the car and took off ... but then greg realized how badly he was injured. he pulled over and jason called 911.
11:25 pm
>> greg mulvihill was being hunted? >> correct. >> he just didn't know the 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. >> reporter: 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 have played any role in what happened. >> there's no way. she's not that type of person. there's no way she can be involved in this in any way. >> reporter: of course, police paid 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've done him harm based on any sort of -- activities he was involved in. >> didn't have secrets from his job, maybe high level job with computers? >> no. >> nothing? >> no. i mean, he brought his boss with him to the crime.
11:26 pm
>> 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. >> you have this phone number in greg's phone? >> yes. >> reporter: when that number was traced, though. >> that it was actually a tracfone which is essentially a burner phone there's not gonna be any subscriber information. >> reporter: but they were able to track the purchase of the phone to this best buy. about four miles from the crime scene. >> they still had 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 of other detectives to basically be ready for who this mystery person was gonna be that was buying this -- tracfone. >> reporter: who was it? coming up: a would-be killer caught on camera. >> is this a smoking gun. >> it definitely points us in a
11:27 pm
direction. these are real people, not actors, who've got their eczema under control. with less eczema, you can show more skin. so roll up those sleeves. and help heal your skin from within with dupixent. dupixent is the first treatment of its kind that continuously treats moderate-to-severe eczema, or atopic dermatitis, even between flare ups. dupixent is a biologic, and not a cream or steroid. many people taking dupixent saw clear or almost clear skin. and, had significantly less itch. that's a difference you can feel. don't use if you're allergic to dupixent. serious allergic reactions can occur, including anaphylaxis, which is severe. tell your doctor about new or worsening eye problems, such as eye pain or vision changes, or a parasitic infection. if you take asthma medicines, don't change or stop them without talking to your doctor. so help heal your skin from within,
11:28 pm
and talk to your eczema specialist about dupixent. enterprise car sales and you'll take any trade-in?rom that's right! great! here you go... well, it does need to be a vehicle. but - i need this out of my house. (vo) with fair, transparent value for every trade-in... enterprise makes it easy. ever since you brought me home, that day. i've been plotting to destroy you. sizing you up... calculating your every move. you think this is love? this is a billion years of tiger dna just ready to pounce. and if you have the wrong home insurance coverage, you could be coughing up the cash for this. so get allstate and be better protected from mayhem, like me-ow.
11:29 pm
11:30 pm
11:31 pm
>> 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 bought the burner. who was it? >> it was diana lovejoy. >> reporter: diana lovejoy. greg mulvihill's soon-to-be ex-wife. is this a smoking gun, getting this photo of diana lovejoy? >> it definitely points us in a direction. so there's 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
11:32 pm
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 realized police realized she may be telling the truth about that. just because she brought the trak 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. ? >> fair to say. >> did you ask her if she hired somebody to kill greg? >> yes, no i did not. >> reporter: detectives pressed her and diana told them something she did not expect. >> she start -- she starts to describe her relationship with her shooting instructor. he volunteered to help her
11:33 pm
protect herself from her ex-husband. >> weldon mcdavid was the knight 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 weldone said he would help her win custody of her son by intimidating greg. >> he was to scare her ex-husband and be a big bruding person over him to tell him that he needed to drop all of the custody and just disappear. >> reporter: diana said she paid weldone for his service. >> she gave him a thousand up front and another thousand after is what was supposed to be paid. >> just for scaring him? >> yes. >> reporter: she said that she picked him up at this park and
11:34 pm
ride. >> he gets in carrying a soft rifle case and she asked what was in the case and she said not to worry about it. >> reporter: she said she gave him the burner phone and dropped him off near the dirt road and waited for his call. when she went to pick him up -- >> he states, things went wrong i had to shoot. >> what was her reaction to that? >> she didn't know, and she didn't ask anything else. >> reporter: that was her story. she hired her shooting instructor to intimidate greg but thafts it. so, now police have had another suspect. weldone mcdavid, his wife leah was home with the newborn baby when the phone range. >> i answer the phone and it was swat and they were on my street and they told me to come out of the house with the baby. >> did you have any clue why they were there? >> none. >> reporter: they were there to look for evidence that weldone shot greg mulvehill.
11:35 pm
>> the most striking thing about the house is mr. mcdavid had guns everywhere. >> reporter: it was said that they found a number of guns in the house and none was connect to the crime. then, hidden in the garage. >> they found the upper portion of ar-15. >> reporter: they noticed a silencer attached and a bag that catches the shell casings. >> and the brass bag had 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. >> without a doubt. >> but leah still had plenty of doubts. >> he has the skills to do that. but he doesn't have the personality or the heart to do that. >> reporter: police arrested weldone, at the station, he initially denied everything. >> a gentlemen got asked, i'm
11:36 pm
asking where you were at last week. what location. >> and i don't know that location. >> reporter: when police told him they have 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's setting you up? >> i'm so -- stupid. >> reporter: the prosecutor did not believe that weldon had been framed exactly, but set up? in a way, yes. remember the horrible allegations of abuse that diana made against greg that he molested her and her son. it's believed that she fabr fabricated them. >> everyone involved made the determination no truth to it. when the court system did not believe her. she decided to come up with a way to have him killed.
11:37 pm
>> and the prosecutor said, that was where weldon came in, the self styled protector. a man prime to react to the exact type of allegations diana was making. >> oh, god! >> remember what he said on dateline, when he hear the recording of had husband's abuse? >> i wanted to really go and kill him. >> reporter: she viewed weldon as a way to get rid of greg. >> she saw in weldon the exact kind of person that she'd need to carry it out. and it is somebody who has a hero complex. and she needed somebody that she could manipulate. >> reporter: the prosecutor learned something else. diana admitted that she had slept with weldon. >> she used her sexuality to get him to do what it is that she wanted him to do. >> reporter: on september 12th. 2016. weldon mcdavid, and diana lovejoy, were arraigned on
11:38 pm
charges of attempted murder and conspiracy to commit murder. was she a criminal master mind, sent him on a mission to kill? was weldon a would-be warrior, that was there to intimidate greg and decided to murder him instead. the two put the trial together, and their defense, you will have to hear it for yourself. >> coming up a surprising witness. >> diana said, you need to promise not to tell my mom or sister. >> when dietline continues. fight for first dances fight for blast offs fight for piggyback rides fight for 7 am makeouts.
11:39 pm
every year, walgreens helps millions of people fight the flu. fight to protect the ones you love. walgreens. be a flu fighter. get your free flu shot today at your neighborhood walgreens. seeing what people left behind in the attic. well, saving on homeowners insurance with geico's help was pretty fun too. ahhhh, it's a tiny dancer. they left a ton of stuff up here. welp, enjoy your house. nope. no thank you. geico could help you save on homeowners and renters insurance.
11:40 pm
geico could help you save where does your almondmilk almond breeze starts here with our almond trees in our blue diamond orchard in california. my parents' job is to look after them. and it's my job to test the product. the best almonds make the best almondmilk. blue diamond almond breeze. i wanted more that's why i've got the power of 1 2 3 medicines with trelegy. the only fda-approved 3-in-1 copd treatment. ♪ trelegy. the power of 1-2-3. ♪ trelegy 1-2-3 trelegy. with trelegy and the power of 1 2 3, i'm breathing better. trelegy works 3 ways to open airways, keep them open and reduce inflammation for 24 hours of better breathing. trelegy won't replace a rescue inhaler
11:41 pm
for sudden breathing problems. trelegy is not for asthma. tell your doctor if you have a heart condition or high blood pressure before taking it. do not take trelegy more than prescribed. trelegy may increase your risk of thrush, pneumonia, and osteoporosis. call your doctor if worsened breathing, chest pain, mouth or tongue swelling, problems urinating, vision changes, or eye pain occur. think your copd medicine is doing enough? maybe you should think again. ask your doctor about once-daily trelegy and the power of 1 2 3. ♪ trelegy 1-2-3 save at trelegy.com
11:42 pm
. late october, one-time lovers, now on trial together. facing charges they conspired in the attempted murder of diana's husband. >> i will ask that you find both defendants guilty. >> reporter: prosecutor jody white knew she had a strong case. >> i was on a dirt road. >> reporter: weldon mcdavid had placed himself at the scene of the shooting and diana admitted to maying him to scare her husband. they were worried that they would use the unfounded -- >> they may see it, that she had
11:43 pm
a right to do that if the husband was doing something to the child. >> i had to walk a balance of, of dieding 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 things that she asked greg about when he took the stand. >> did you ever sexuality assault your wife? did you molest your child? >> no. >> reporter: he said he fought hard for 50/50 custody of his child, and didn't want to lose that. he felt compelled to come see what information the caller had for him. greg demonstrated how he was holding the bright bicycle light in the hand when he noticed what he thought was a pile of clothes in the brush. >> i realized i was looking at a barrel and a scope of a gun and then a gun shot. >> it felt like i had been hit in the back.
11:44 pm
which was confusing to me, because i knew i was looking at a gun but it felt like somebody hit me in the back. >> reporter: in the confusion, greg said that he or jason yelled run or possibly gun. >> and while we were running i heard six more rapid gunshots. >> sgloo the prosecution argued that diana paid weldon mcdavid to kill greg that night and it seemed that weldon was not the only one that diana approached with the goal in mind. there was an unlikely witness against diana, a woman who reluctantly share herd story wi -- shared her stour wiry with prosecutors. >> she said, promise to not tell my mom or sister. can you promise me that? and i said yes. >> reporter: then, aunt diana testified that on christmas day, 2015, her niece, asked her this. >> she said, can you help me
11:45 pm
find somebody to kill greg? >> reporter: aunt diana did not help her niece find a hit man. instead, the state argued, diana will havej -- lovejoy found weldon mcdavid. when it was time to make the case, he was the star witness. according to weldon the only plan the night of the shooting was to gather information. >> how much was she paying you to gather the information? >> it was $2 thousand. >> reporter: he called greg from the burner phone and said he evidence that he abused his child, if greg showed up, that proved his guilt and weldon said he would record greg so diana could take it to court. >> anybody not guilty of child abuse would not come public at night to meet somebody or to pick up any evidence that they
11:46 pm
didn't know where it came from. >> reporter: weldon said he was not planning to fire shots until he claimed he heard one of the men say, i have got a gun. >> as soon as he said those words, i decided i had to do something. >> reporter: so weldon said he aimed the ar-15 at the flashlight and fired. he said that he hit greg by accident. >> the shot that i missed was the flashing. >> reporter: weldon's proof it was not intentional. he said that if he was such a good shot, if he was shooting to kill, he would have. >> i did not miss a man size target. it just would not happen. >> reporter: in a well-meaning way, he came up with a stupid plan. >> and brought a gun to it. >> reporter: rafae is his former attorney. he did not represent him at the trial. he believes that weldon acted out of a misguided hero complex.
11:47 pm
but never planned to kill or hurt greg mulvehill. >> there you go. >> reporter: he said that he thinks experience with crystal harris had a pro found impact on him. >> that was the first case that he heard nobody was listening to this woman, and ultimately that woman was born 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 will be to help? you help. >> did you yourself, have any conversations about a plan to kill greg? >> no. >> the big question on cross examination, why show up in camouflage with an a refuse 15 if the goal was to just record greg picking up the package? >> could you not have just accomplished the exact same goal by sitting in your car and watching him walk down? >> that would have put me out in the open and made me a potential
11:48 pm
target. >> so you felt it was safer for everybody concerned for you to be dressed in camo, with an ar-15, propped up in the bushes, that was the saving 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 t prosecutor said that was no coincidence. diana purposely chose a night that weldon could hide unseen. >> there were google searches that ms. lovejoy had made regarding the new moon and when it was, and when the peak point of darkness was, which was the same time 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
11:49 pm
$120,000. the money was due three weeks after the shooting. >> however, it would go to the estate and come back to ms. lovejoy. >> the prosecutor said no doubt, diana lovejoy and weldon mcdavid had planned to kill greg mulleville. >> they did not plan for another person and they did not plan for a bright light to light weldon mcdavid on his belly. >> 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 ntinue fast. only thermacare ultra pain relieving cream
11:50 pm
has 4 active ingredients to fight pain 4 different ways. get powerful relief today, with thermacare. how do you keep feeling your best all summer long? start with supporting your gut health. only activia has billions of our live and active probiotics. so, let's make this the summer of loving your gut. activia. love for your gut. thenot actors, people, who've got their eczema under control. with less eczema, you can show more skin. so roll up those sleeves. and help heal your skin from within with dupixent. dupixent is the first treatment of its kind that continuously treats moderate-to-severe eczema, or atopic dermatitis, even between flare ups. dupixent is a biologic, and not a cream or steroid. many people taking dupixent saw clear or almost clear skin. and, had significantly less itch. that's a difference you can feel.
11:51 pm
don't use if you're allergic to dupixent. serious allergic reactions can occur, including anaphylaxis, which is severe. tell your doctor about new or worsening eye problems, such as eye pain or vision changes, or a parasitic infection. if you take asthma medicines, don't change or stop them without talking to your doctor. so help heal your skin from within, and talk to your eczema specialist about dupixent.
11:52 pm
11:53 pm
♪ welcome back, was greg mu mulvshill hill's shooting a murder or attempt. diana convinced her lover to do her evil bidding. the defense said he missed the target and the whole thing was a mistake. the jury is about to share their verdict, but first, diana and
11:54 pm
weldon share what they have to say with us. >> i want people to know, that i did not attempt to murder anybody. >> reporter: we met with weldon mcdavid at the detention facility where he been since being arrested on charges of trying murder her husband. >> you have an ar-15, you are laying on your belly, you have a silencer and a bag to catch casings. it sounds like a plan to kill somebody. >> if i wanted to kill him, i could have hit him at any point. that would have been easy. >> why did you keep firing, six times? >> i wanted them to run. if i wanted to kill them, i had more than ample opportunity. >> reporter: he said it's ridiculous that he would kill somebody for $2,000. and having sex with diana was
11:55 pm
the biggest mistake. >> if i could take back anything, it would be that. if i could only take one thing back, i would take it away. i hurt my wife, and that means more to me than anything. >> weldon insisted is that the only thing that brought him to the dirt road was a desire to help diana and her son. >> did she have a hold on you or manipulated you in any way. >> no. no. >> it's been said that you have a misguided hero complex. >> i'm no one's hero, not at all. and you know, it's, if you tried to help someone, if it's misguided hero. then, then, so be it. >> reporter: we went to diana's jail to speak with her as well. >> did you have a plan to kill greg? >> definitely not.
11:56 pm
>> so then why lure him there. and put yourself in this position? >> i would not say that we lured him. i would say, he a choice. he set up a meeting with weldon. >> 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 claims you two had the conversation that you were look forgive somebody to kill greg. >> and it's not true. >> diana said she was never close with her aunt. >> she is highly manipulative, and she wants my son. >> in a letter to the court, aunt diana said she was generous to her niece and supportive of her and her son. we then asked did she master mind a murder plot? >> there was no, no talk or, no
11:57 pm
speaking about killing anybody or hurting anybody. i have a huge heart and i would never, i'm not capable of hurting somebody. >> would the jury agree? after a half day of deliberations a verdict. >> we the jury. in the above entitled cause find the defendant, diana lovjoy, guilty of the crime of attempted murder. >> guilty of attempted murder and conspiracy to commit murder and then something unexpected happened. >> weldon mcdavid, verdict. >> while he waited to hear his fate. >> diana collapsed, seemingly overcome with shock. >> help her! >> hey, folks. >> all right, we will be in recess. >> kucourt was adjourned and dia was handcuffed to a gurney and then went to a hospital, where
11:58 pm
the court hearing resumed. and when they resumed, weldon learned he was found guilty. he addressed the court. >> i did not intend to shoot mr. mulvehill, i am sorry that i shot mr. mulvehill, it was an aimer error as i stated previously. sgl -- >> it's hard that people in the world think i have it in me to do this. i still care about greg -- i did love him. i loved him a lot. i just hope that that reality, the reality of what really happened and that what we intended comes out. and i believe it will some day. thank you. >> weldon was sentenced to 50
11:59 pm
years to life in prison and diana, 26-life. both have appealed their convictions. >> did you think that diana could get wrapped up in a story like this? >> no, it's my worse nightmare. >> greg has full custody of her son. >> i have actually had a lot of heart to hearts with greg, and i do genuinely think he is a sweet, nicedeservthis. >> wedlon's wife leah is a single parent too. >> he should not number prison. he should be home. weldon is a beautiful person that should, my son should be able to have that in his life. >> weldon mcdavid, the man who said he just wanted to help. who once empowered a woman caught in an abusive marriage. and now, the fallen hero, contemplating life behind bars. perhaps, he sums it up best. >> there's no winners here. you know, there's no winners at
12:00 am
all. you know, this, this whole situation is that's all for th edition of "dateline," i'm craig melvin. thank you for watching. i'm craig melvin, and i'm natalie morales and this is "date line." >> i have a lot of guilt still in me, it makes me sick how i could do something like that. i am the responsible one. >> a working mom, new at the office. she loved her job. and really loved her handsome young boss. >> the thing that i never wanted to face was the hurt that i was going to cause. >> a passionate 9-5 a fair. the problem, she was married and so was he. >> he grabbed his face and i was like, you know what? i love

2,579 Views

info Stream Only

Uploaded by TV Archive on