john woke me up to wish me a happy birthday. >> reporter: she says upton, still in his pajamas, headed outside to make room for two day laborers clearing brush on the driveway of their neighbor, michael vilkin. john went out to offer to move the car? >> yes, yes. >> reporter: to understand what happened, you need to understand the lay of the land. upton lived here. vilkin owned the adjacent undeveloped 2.6 acre lot, including this narrow strip -- his future driveway. the problem was these brazilian pepper trees along that strip had become a creeping menace. choking off access. and vilkin needed them gone. on this morning, upton's mercedes suv is parked beside the trees on vilkin's land. >> he wanted to move the car to give them more space to trim the trees. >> reporter: a couple of minutes later, evelyn gets up to follow him outside. >> i had set foot on the first step right there as i heard the shots. >> reporter: using this massive .44 magnum revolver, vilkin shoots 56-year-old john upton once in the midsection, followed several seconds later by a second shot to the head, execution-s