Jury takes on hatchet attempted murder case

Did 46-year-old Terry Schmuck try to kill his wife with hatchet in May in Kinnear? That is what a jury of his peers will be deciding today. After a week-long trial, the case is being turned over to the jury this morning, and they will weigh the evidence to determine whether or not Schmuck premeditatedly planned on killing Cindy Schmuck over a bad divorce. In their closing statements, both the state and defense poked holes in the other side's story. Deputy County Attorney Ember Oakley said the defense's characterization of the second wound on Cindy's head as coming from a fall was highly unlikely. The defense, using a chair and hatchet, demonstrated how they imagine that it happened, and said the state's characterization of him hitting her in the head with the back of the hatchet is not only unlikely with how she probably fell but also inconsistent with a desire to murder. Oakley also pointed out to the jury that Schmuck did confess to trying to kill his wife in an interview with law enforcement, and that it was his intention to do so when he left his home to confront her. Defense Attorney Dan Caldwell said Cindy's testimony, and one of the children's statements, that as Schmuck broke into the home that he shouted out that he was going to kill was not corroborated anywhere else. He said neither of them told that to law enforcement during the investigation. The jury, should it not find premeditation for attempted first degree murder, are allowed to find Schmuck guilty if either attempted second degree murder or attempted voluntary manslaughter. #county10 #news