that's all for this edition of "dateline." i'm craig mefl ip melvin. thank you for watching. ♪ a 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. 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 going to meet? >> yes. >> followed by a shock. >> 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 the 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 is one of them. >> "the night of the new moon." >> hello. welcome to "dateline extra." i'm craig melvin. craig mulvahill and diana lovejoy, met, fell in love and had a beautiful baby.

but their story was not heading toward happily ever after. then came a mysterious phone call that sent one of them to a dark, isolated road at night where someone was waiting. who was it? and what did they want? here's andrea canning. >> 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 of 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 a sniper. we saw there's a gun, and he shot at us like six or seven times.

>> california, an affluent community. a tourist community known for its beaches, surfing and 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. >> sarah became fast friends with diana when they met in the sixth grade. >> all throughout high school we'd write he's hilarious notes to each other. still paying attention in class. >> of course. >> but we'd challenge each other like who could right the first sentence of the worst romance novel. >> she says diana had a true gift for creative writing, as well as music, something sere-- sarah, now a professional bassoonist, knows something about. >> you two really shared a love of music? >> yes, yeah, we did. we were in marching band

together. it was really fun. >> she had a schedule. she would wake up, 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. >> very pretty. >> super pretty, yeah, and she's got the long legs and -- yeah. >> i think it was the complete package about diana. smart, gorgeous, sweet, caring. >> after college, diana went to work in the tech industry and ramped up her fitness routine. >> she had competed in several triathlons and also was personal

fitness coach. eventually, single, focused diana met someone who also loved bike riding and soaking up the outdoors. a software engineer named greg mulvahill. >> 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 seemed like the right fit and she seemed really happy. >> the couple was eager to start a family. >> but that didn't come easy for her? >> no, it didn't. >> 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. >> that must have been just an incredible day for her to know that that baby was born. >> yeah. >> at last, diana had her happy family. but that wouldn't last long. by the time their son turned 2, 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? >> things were getting ugly. >> greg filed for divorce in august 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. >> 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 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 "the night of the new moon" continues. on the sidewalk ♪ ♪ all around the wind blows ♪ we would only hold on to let go ♪

♪ blow a kiss into the sun ♪ we need someone to lean on ♪ blow a kiss into the sun ♪ we needed somebody to lean on ♪ ♪ ♪ ♪ all we need is someone to lean on ♪ ♪

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welcome back. they were horrible accusations. diana lovejoy claimed her husband craig mulvahill had sexually ars bused her and wished her dead. greg denied it all and made ugly allegations of his own. determined to protect herself and her young son, diana sought the advice of a former marine, a man who "dateline" had met before while our team was covering another story back in 2013. here again is andrea canning. >> 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. >> from an early age, weldon mcdavid was passionate about protecting other people. >> 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 nicely

applied arm lock would get that bully to kiss the street. 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. >> a customer walked in. 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. >> her name was crystal harris. >> he was like, can i help you? i said i need to buy a gun. i said it's not just for putting it away. my life is in danger. and it's from my husband. and he was like, whoa. >> crystal, a mother of two young sons told weldon her husband was violent and abusive. 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. >> 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 is 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. >> at home, crystal also helped herself. used a mini cassette recorder to gather evidence against her husband. >> stop, please, please, stop. >> one night, crystal captured something horrible. it was audio of her husband raping her. >> you're choking me. you're choking me. please! >> she walked in, and she was

visibly shaking. i knew something had happened. >> crystal played a bit of the tape for weldon. >> i've always been a very protective person. if you are a friend or family, i'll do anything for you. i really wanted to go and kill him. >> 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. >> crystal never did need to use her new gun. her husband was convicted of a forceable 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. >> 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.

>> 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 leah. >> 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. >> leah said weldon didn't make a huge first impression when he rang up her purchases at the shooting range. 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 has very good intelligence and humor and just a really engaging personality. >> weldon told her about his work with crystal harris. >> it was just consistent with what i heard about different people he had come alongside and

helped them feel more confident and safe. >> and just like crystal before her, leah felt empowered around weldon. >> he's strong. and i enjoyed his strength and i felt safe around him. >> on september 20th, 2014, leah 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. >> once again, it seemed weldon had assumed the role of protector. this time in diana's life. but leah 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. and we disagreed about him communicating with her, and i

think he saw the need of somebody, both herself and even more so, her child, who couldn't protect himself. and felt like he needed to help. >> something weldon had done all his life. leah could understand that. what she could not understand was what came next. >> hello. this is 911. >> hi. my friend has just been shot. >> yes, we've got the paramedics. we're getting the paramedics en route. >> a sniper waiting in the dark. but who was the target? >> coming up -- >> they are hearing multiple bullets, multiple rounds wizzing past their head. >> did they find the shooter? >> no. just vanished. >> vanished. iet. iet. yeah, and he wanted someone to help out with chores. so, we got jean-pierre. but one thing we could both agree on was getting geico to help with renters insurance. ♪

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son. but soon it would not be diana who found her life in jeopardy. someone else was in grave danger. with more of our story, here's andrea canning. >> hello. this is 911. >> reporter: late on a moonless night on september 1st, 2016 -- >> hi. 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. 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 s.w.a.t. 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 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 11:00 p.m., 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 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. >> 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. >> 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 -- >> 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 -- he gets into the car and states things went wrong. i had to shoot. >> a would-be killer caught on camera. >> is this a smoking gun? >> definitely points us in a direction. so there's a lot more to be done. >> when "the night of the new moon" continues. u quit slow turkey. along with support, chantix is proven to help you quit. with chantix you can keep smoking at first and ease into quitting so when the day arrives, you'll be more ready to kiss cigarettes goodbye. when you try to quit smoking, with or without chantix, you may have nicotine withdrawal symptoms.

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a former national security adviser john bolton is lobbying his harshest criticism against the trump administration so far on the issue of north korea. in an interview, bolton suggested the white house is bluffing about stopping north korea's nuclear ambitions and might soon need to admit publicly that its policy failed. now back to "dateline." welcome back to "dateline extra." i'm craig melvin. investigators believed greg mulvihill was being hunted. he received a phone call from someone who promised him information but led him into an ambush. there was no sign of the shooter, though they did track down a promising clue. and it was about to lead detectives to a startling discovery. once again, here's andrea canning. >> 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 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 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 she might be telling the truth about that. just because she bought the tracfone 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. >> correct. >> reporter: fair to say? >> yes. >> fair to say. >> reporter: did you ask her if she hired someone -- >> yes. >> reporter: -- 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. >> reporter: 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 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 weldon

had agreed to help her win custody of her son by intimidating greg. >> weldon was to scare her ex-husband and give him a, kind of -- just be a big, brooding person over him to tell him that he needed to drop all of his custody and just disappear. >> reporter: diana said that she'd paid weldon for his services. >> she gave him $1,000 up front and another thousand after was what's supposed to be paid. >> 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 her car carrying a soft rifle case and dressed in camouflage. and 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 then waited for his call. but when she went back to pick him up -- >> he gets into the car and states, "things went wrong. i had to shoot." >> reporter: what does she say her reaction is to that? >> she didn't know what had

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 s.w.a.t. they were on my street. and they told me to come out of the house with the baby. >> reporter: did you have any clue why they were there? >> no. >> reporter: they were there to look for evidence that weldon shot greg mulvihill. >> the most striking thing about the house is that mr. mcdavid had guns everywhere. >> reporter: san diego county deputy district attorney jodi white breton said 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 that there was a suppressor or silencer attached to the weapon

and a "brass bag," which catches shell casings so they don't fall to 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. >> reporter: you think you found the weapon? >> without a doubt. >> reporter: in this crime? >> bingo. without a doubt. >> reporter: but lea 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 weldon. at the station, he initially denied everything. >> the gentleman got shot. i'm asking you where you were at last week. >> where did he get shot? what location? >> rancho santa fe, avenida soledad. >> and 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 is setting you up? >> i'm so [ bleep ] stupid. >> reporter: prosecutor breton didn't believe weldon had been framed exactly. but "set up?" in a way, yes. remember those horrible allegations of abuse diana made against greg, that he'd molested her and their son? breton believes diana fabricated them. >> all the therapists, the physicians, everyone that was involved, made the determination that there was no truth to it. and when the court system didn't believe her, then she decided to come up with the way to have him killed. >> reporter: and the prosecutor said that's where weldon came in. a self-styled protector, a man primed to react to the exact type of allegations diana was making. >> oh, god. stop. >> reporter: remember what weldon said on "dateline" when he heard crystal harris' recording of her husband's abuse? >> i really wanted to go and kill him. >> reporter: 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. >> reporter: the prosecutor learned something else. diana admitted she had slept with weldon. >> and i think she used her sexuality to get him to do what it is that she wanted him to do. >> alright, we ready to proceed? >> 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 -- >> staring at it for a second, i realized i was looking at a barrel and a scope of a gun. >> the victim. >> it felt like i had been hit in the back. >> the shooter. >> as soon as he said those words, i decided i had to do something. >> and a surprising witness. >> diana said you need to promise not to tell my mom or my sister. can you promise me that, and i said, yes. >> when "the night of the new moon" continues. proof. man 1 vo: proof of less joint pain and clearer skin. man 2 vo: proof that i can fight psoriatic arthritis... woman 2 vo: ...with humira. woman 3 vo: humira targets and blocks a specific source of inflammation that contributes to both joint and skin symptoms. it's proven to help relieve pain, stop further irreversible joint damage, and clear skin in many adults. humira is the number one prescribed biologic

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1 in 5 people you meet wear yeah. that many! but right now, is not the time to talk about it. so when you're ready, search 'my denture care'. poligrip and polident. fixed. fresh. and just between us. welcome back. diana lovejoy told police she had hired her shooting instructor weldon mcdavid to intimidate her husband. the goal? to gain full custody of their

young son. investigators came to believe it was mcdavid that shot mulvihill through the chest. prosecutors were ready to make the case that diana lovejoy wanted greg dead and custody was not her only motive. continuing our story, here's andrea canning. >> reporter: 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 mulvihil. >> i'm going to ask that you find both of the defendants guilty. >> reporter: prosecutor jodi white breton 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 paying him to "scare" her husband. but breton worried the defense would try to use diana's unsubstantiated allegations of

sexual 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 things she asked greg about when he took the stand. >> did you ever sexually assault your wife? >> no. >> did you ever molest your boy? >> no. >> reporter: greg said he had 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. >> holding it like this. 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 a scope of a gun.

>> reporter: and then, a gunshot. >> it felt like i had been hit in the back, which was confusing to me, 'cause i knew i was looking at a gun, but it felt like somebody hit me in the back. >> reporter: in the confusion, greg said he or jason yelled "run," or possibly "gun." >> and while we were running, i heard about six more rapid gunshots. >> reporter: the 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 not to tell my mom or my 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 find someone to kill greg?" >> reporter: aunt diana did not help her niece find a hit man. instead, the state argued, diana lovejoy found weldon mcdavid. >> good afternoon, mr. mcdavid. >> good afternoon. >> reporter: and when it came time for the defense to make its case, he was the star witness. according to weldon, the only plan the night of the shooting was to gather information for diana. >> how much was she gonna 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'd abused his child. the idea, said weldon, was that 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's 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 -- 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 flashlight. >> reporter: weldon's proof it wasn't intentional? he said he was such a good shot that if he'd 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. acosta said he thinks weldon's experience with crystal harris had a profound impact on him. >> that was the first case where he heard nobody was listening to this woman, and ultimately that woman was borne to be correct. and now, he has a second woman who's saying, "nobody's 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 gregory 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 have 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 in camo with an ar-15 tucked under the bushes pointing at him? that was the 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 date of the shooting. >> however, if he's dead, it would just go to his estate, which would ultimately come right back to miss lovejoy. >> 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 plan for jason kovach. they didn't plan for a bright bike light to light up mr. mcdavid laying on his belly. and they didn't plan to get caught. no reason to kill. they had 120,000 reasons to kill. >> reporter: 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 out of

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and now the icing on the cake! welcome back. was the greg mulvihill shooting an accident or an attempted cold-blooded murder? the prosecution argued diana lovejoy convinced mcdavid to kill her husband as a way to gain full custody of the couple's child and to avoid a big payout. the defense claimed that weldon and diana were on an information-gathering mission that went awry. the jury was about to speak. but first, diana and weldon each share what they say happened with us. here's andrea canning with the conclusion of our story. >> 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. >> 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 gonna kill him, i could have hit him at any point, you know, in that walk. you know, that -- that would have been easy. >> why did you keep firing? six times. >> i fired over their heads 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 he would kill someone for $2,000 and called having sex with diana his biggest regret. >> it was wholly unsatisfying. if i could only take back one thing, i would take that -- you know, out of the equation. >> being with diana? >> yes. >> you wouldn't take back shooting greg? >> if there was only one thing i

could take away, i would -- i would take that away, 'cause i -- i hurt my wife, and that means more to me than anything. >> reporter: weldon insisted 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 -- >> no -- >> -- manipulating you in any way? >> no. >> 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. and, you know, if -- if trying to help someone is misguided hero, then, you know, so be it. >> reporter: we went to diana's jail to speak with her as well. >> did you and weldon have a plan to kill greg mulvihill? >> no, absolutely not. >> so then why lure him there? why put yourself in this position? >> i wouldn't even say that we lured him. i would say that he -- he -- 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 claims -- >> yes. >> -- you two had that conversation that you were looking for someone to kill greg. >> right. she claims that, yeah. and it's not true. >> reporter: diana said she was never close with her aunt. >> she's highly manipulative. she's highly selfish. i know that my aunt has a motive to help greg's case, my ex. because she wants access to my son. >> reporter: but 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 -- no talk or no thinking about killing anyone or harming anyone. i have a huge heart and i would never -- i'm not capable of hurting someone. >> reporter: would the jury agree?

after about a half day of deliberations, a verdict. we the jury in the above entitled cause find the defendant, diana jean lovejoy, guilty of the crime of attempted murder. >> reporter: guilty of attempted murder and conspiracy to commit murder. then something unexpected happened. >> weldon k. mcdavid, defendant. verdict. >> reporter: while weldon mcdavid waited to hear his fate. diana collapsed. seemingly overcome with shock. 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 that people, some people in this world seem to think that i would 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 really happened and what we really intended comes out. and i believe it will someday. thank you. >> reporter: weldon was sentenced to 50 years to life in prison. diana, 26 to life. both have appealed their convictions. >> 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. >> greg mulvihill now has full custody of their son. >> i've actually had a lot of heart to hearts with -- with greg mulvihill. and i do genuinely think he's a sweet, nice man. and he didn't deserve any of this. >> reporter: weldon's wife, lea, is now a single parent, too. >> he shouldn't be in prison. he should be home. weldon's a beautiful person that should -- my son should be able to have that 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's no winners here. you know, there's no winners at all. you know, this whole situation is a loss. >> that's all for this edition of "dateline extra."

i'm craig melvin. thank you for watching. i'm craig melvin. >> i'm natalie morales. >> and this is "dateline." very bubbly personality. >> huge smile. >> u.s. a child's worst nightmare to lose a mom. >> every day i wanted answers. every day i was told it was unknown. people don't just die. >> she was a loving mother. he was a crime-fighting prosecutor. >> you are a pillar of that community. >> i did what i thought was right. >> then one day the law was at his door. his wife was dead, in bed. >> her eyes were open, she