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Monday, May 2, 2016

Jury returns guilty verdict

Thursday, January 17, 2008

Brian Scobee's family members held hands while they waited for the jury of seven men and five women to announce a guilty verdict in the trial against Lisa Ann Scobee in Clay Circuit Court Thursday evening.

"We finally have justice. My son can rest in peace now," Brian Scobee's mother Leonora Alspaugh told The Brazil Times as she left the courthouse. "There's still a lot of things we will never know about what happened that night, but our family has given it all over to God now."

Although Lisa Ann Scobee left the courthouse with family members, defense attorney Darrell Felling spoke to The Times.

Felling, who made a public apology during his closing remarks, said the trial had been a difficult process for everyone involved.

"This trial has been tough on everyone who is dealing with this tragic death. It has been an unfortunate tragedy," Felling said about asking such tough questions of Brian Scobee's family and friends. "I felt that something needed to be said, and I sincerely meant it."

Felling said he would be meeting with Lisa Ann on Monday to discuss what options are available to her now.

"I probably will recommend an appeal to Lisa, but it will ultimately be her decision," Felling said. "We respect the jury's verdict but don't agree with it."

Jury members were urged to scrutinize charging information and every piece of evidence presented during the case before returning a verdict, but the prosecution and defense offered different reasons why.

Deputy Prosecutor Chou-il Lee told jurors there is plenty of evidence to explain why Lisa Ann didn't call 911 on Nov. 13, 2005 -- fear of being arrested for being drunk at the scene of an accident where her husband, Brian Scobee, died from resulting head injuries -- but he didn't have to prove that.

"What did Lisa Ann do to help Brian? She testified that she cradled his head and covered him with a blanket," Lee said, then asking the jury to think about what happens to a man who just fell out of a moving vehicle onto the pavement of County Road 200 West. "Is it reasonable to believe that Brian was not injured?"

Felling has claimed the prosecutions' witnesses disproved key elements necessary to convict his client of failure to stop after accident resulting in death. On Wednesday, Circuit Judge Joseph Trout denied Felling's motion to request a "direct verdict" because of the lack of evidence to prove the class C felony charge, leaving that decision to the jury.

Felling asked jurors to put themselves in his client's place so they could understand what happened that night.

"Good heavens, there's no proof that she didn't try to help her husband. Why should Lisa Ann, who has no medical background, be expected to be able to determine if Brian had a skull fracture or internal injuries? She thought he was passed out, like she had seen him so many times before," Felling said, adding that even the police and medical personal that arrived on the scene didn't find any injuries on Brian. "Bottom line is this, no one knew the extent of Brian Scobee's injuries, especially Lisa Ann Scobee."

In rebuttal, Lee pointed out Lisa Ann didn't have to be able to diagnose brain or internal injuries.

"(She) just had to be able to reasonably know if Brian suffered injury," he said, then provided the answer to why emergency response personnel and Lisa Ann's brother didn't know the extent of Brian Scobee's injuries. "Lisa Ann Scobee was the only person on the scene that night that knew Brian Scobee fell out of a moving vehicle. Everyone else was working in the dark. She knew everything, but didn't act."

Judge Trout ordered a pre-sentencing report to be completed no later than 4 p.m., on Thurs., Feb. 5, so that it would be available for the court to review before the sentencing hearing on 10:30 a.m., Mon., Feb 11. Lisa Ann is currently out on a bond initially set in 2005, which was not readjusted by Judge Trout.


Comments
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I can imagine the fear but never the hesitation to call 911 for help. No matter what, Brian is gone and his family has to live with that forever which isn't easy.

-- Posted by concerned individual on Fri, Jan 18, 2008, at 8:18 AM

Sounds like another sad story to

come out of Brazil

-- Posted by madmom61 on Fri, Jan 18, 2008, at 9:01 AM

So sad that such poor judgement leads to such a tragedy for everyone involved.

-- Posted by asil on Fri, Jan 18, 2008, at 12:08 PM

Well Ihope Darrell Appeals this and get it to a court away from Clay County prejustice. Like I said in earlier comments, the guilt the family feels is warrented, for there lack of action before the accident. There so into OH we have justice, well no you do not, what you have is relief beacuse you think you can now lift the guilt off yourselfs. You are the guilty ones for not doing anything to help before it got to the point it did. Show some reality here family your the guilty ones. Even though I come from a family upbring there that knows no real support only blaime and back stabbing and finger pointing I know better. For I am in my opinion better then my family is. One our two of them seem to be well respected there. They would pull the same act, "We got Justice" when all along it would be there lack of concern and understanding and help that really caused something to happen. I waitin for it to happen to them. Like it has this family. Our for that matter any family. You have some one addicted to drugs or booze or bad behavior or whatever. YOU AS A FAMILY SHOULD BAND TOGATHER AND GO TO THERE AID, not try to shift your guilt elsewhere.

-- Posted by Glad to be GOne on Fri, Jan 18, 2008, at 1:33 PM

Glad to be G0ne- I can not imagine this case having a different outcome regardless of where it was tried. Seriously, how would you ever expect Lisa's story to be believed by anybody with any intelligence. He fell out of a moving vehicle and she thought he was just sleeping, give me a break. If Brian had some demons in his life, his family should have stepped in and tried to get him some help, but their lack of action is not criminal. However, letting your loved one lay dying on the road in the middle of the night with nobody else there to help him and refusing to call for help yourself because you are afraid of getting into trouble, is a crime.

-- Posted by snow on Fri, Jan 18, 2008, at 11:03 PM

I don't know how anyone can blame the family for a grown man's drinking. If someone has an addiction there is only so much you can do to help them if that person won't/doesn't want to help themselves. To lay the guilt of this horrible tragedy on the family of this man is unfair.

-- Posted by asil on Sat, Jan 19, 2008, at 8:29 AM

In regards to a previous comment by someone who obviously has no respect for a mourning family...Yes, Brian did have a drinking problem. His family has tried to help him time and time again to overcome that problem. We wanted nothing more than for him to be alcohol free. So before you start throwing ignorant comments out there, get the facts straight. And, as far as getting help for him is concerned, HIS WIFE (LISA) didn't seem to concerned with helping him with that problem. She enabled him to be an alcoholic. Justice was served no matter what any of you say. How could someone have been so self involved that they didn't try to get help for there dying husband?...Are you serious? The defense was rediculous!...To try to make a deceased man look so bad was uncalled for. Ask yourselves, how many of those times when Brian was drunk, was Lisa drunk too?...EXACTLY!

-- Posted by Elated Family on Sat, Jan 19, 2008, at 12:08 PM

As a close friend of Brian's family, I wish to take my turn in posting a comment. We often tried to help Brian, but he was an independent man who lived as he wished to live. There is, (thank God!), no way well-meaning family members can force their adult loved ones to behave as they think he should. However there was someone who could have helped Brian THAT night, but Lisa made horrible choices which resulted in his untimely death. Her lack of medical training or the external evidence of his injuries are moot points; he hit the ground after exiting a moving vehicle so the ONLY proper thing to do was get help IMMEDIATELY and inform the paramedics properly. These two things contributed directly to Brian's death: delaying to call for help and failure to give the paramedics appropriate details when they were summoned.

I do not feel any ill-will towards Mr. Felling; he was hired to do a job. I actually thank God we live in a country where attorneys are available to defend their clients in court, and the law requires an accused person have adequate representation. However the remark Mr. Felling made, (and I quote),"She thought he was passed out, like she had seen him so many times before." was an ill-considered statement. I doubt Lisa had ever before seen Brian after he had fallen from a moving vehicle. It appears to me Mr. Felling was attempting to lessen the value of Brian's life in his attempt to defend his client.

I will hold off my opinion of how well justice was served until after the sentencing. And for what it is worth, I hope she gets the maximum allowed by law.

-- Posted by OneOf on Sat, Jan 19, 2008, at 5:41 PM

If the situation were turned around, isn't the issue. SHE was more concerned for herself than her dying husband. Point blank. Did Brian jump out or was he pushed? We will never know because we weren't there. But we do know the person who took a life long vow before God for him didn't do what she should have. May God forgive her for her sins.

-- Posted by Elated Family on Sun, Jan 20, 2008, at 8:16 PM

This is a very sad situation for all, but the saddest part of all is everyone that knew Brian knew he had a death wish and it is sad that he had to take someone down with him. Family & friends that knew him know that since Ruth had passed he didn't want to live. There was alot of family and friends that wouldn't even go see him because of his behavior (we all know who we are). I just wish the rest of the family could admit to this instead of trying to put his stupidity on someone else. Think back and see all the times we talked bad about his behavior, remember as you once said (your no son of mine). I think we want to put the blame on someone else instead of Brian (because we fill bad now that he's gone)but, most of all the blame should be on him. He is now where he has wanted to be so let him rest in peace with Ruth.

-- Posted by Utah on Tue, Jan 22, 2008, at 12:33 PM

I also forgot may God forgive Brian for his sins also.

-- Posted by Utah on Tue, Jan 22, 2008, at 12:35 PM

Well Imanage it out of that county and in the view of true non residents hearing the same evidence will set her free. Look at the posting, although my was , last one deleted of sensored.

-- Posted by Glad to be GOne on Wed, Jan 23, 2008, at 12:45 AM

May god forgive his family for not seeing this and doing something about it.

-- Posted by Glad to be GOne on Wed, Jan 23, 2008, at 12:46 AM

Again...You cannot make a grown man do something he doesn't want to do.

-- Posted by Elated Family on Wed, Jan 23, 2008, at 10:13 AM

It called Court ordered detention. So yes you could have as a family.

-- Posted by Glad to be GOne on Thu, Jan 24, 2008, at 12:43 AM

Be serious! Court ordered detention.

-- Posted by Elated Family on Thu, Jan 24, 2008, at 2:16 PM

Guilty Verdict-couldn't be more happy. 2 years for a felony charge. She should be thanking her lucky stars. It could have been much harsher.

-- Posted by Elated Family on Fri, Feb 15, 2008, at 12:57 PM

I hope your happy Elated Family, now lets waste our (tax payers) money on something that should have never went this far.

-- Posted by Utah on Mon, Feb 18, 2008, at 8:23 AM


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