Addam Swapp and Jonathan Swapp were armed with pistols and rifles on numerous occasions as they walked around the Singer property during the 13-day standoff last January, according to three FBI agents who testified Monday morning.
The agents were called by the prosecution in the second day of trial for the Swapp brothers and John Timothy Singer, who are charged with second-degree murder in the Jan. 28 shooting death of state Corrections Lt. Fred House.FBI agent Mike Kelly said he observed the Swapps at least 12 times walking around carrying rifles. On one occasion, Jonathan pointed it toward the Jeppson residence, where Kelly was stationed for surveillance.
"I took cover . . . (but) no shot was fired," Kelly said. The agent testified he also observed Addam Swapp point his rifle.
Prosecutors are trying to show the 10-member jury that the Swapps created a dangerous situation during the standoff that followed the Jan. 16 bombing of the LDS stake center in Marion, Summit County. Their recklessness led to the shoot-out in which House was pierced by a bullet fired by Singer, who fired from his bedroom window, prosecutors allege.
Defense attorneys, from their cross examination, were gathering testimony apparently to show the jury that their clients never intended to kill anyone.
Kelly, questioned by Jonathan Swapp's attorney, Earl Spafford, said he didn't know whether Jonathan knew there were people in the direction he was aiming his rifle.
FBI agent Charles Evans testified that he observed Jonathan point his rifle at another agent and say, "You stand out like a sore thumb, Buddy."
Evans also said he took photographs that depicted the Swapp brothers armed as they walked on the property.
Jonathan Swapp pointed his rifle at agents posted on a hill southeast of the Singer home, according to FBI agent Scott Barker. "He looked up directly at me, put rifle up to his shoulder. . . I took cover and abandoned my position."
Under cross examination, Barker said he never observed the defendants shoot.
"You never saw Jonathan fire at a living person, did you?" asked Spafford.
"No," replied Barker.
Barker also observed the shoot-out on Jan. 28 and said he doesn't believe the Swapp brothers fired the first shots. Under cross examination by Addam's attorney, John Bucher, Barker said he never saw the Swapps turn toward the Bates home.
Prosecutors contend that when House, hiding in the Bates home west of the Singer home, released his dog that was to subdue the Swapps, Addam Swapp turned and shouldered his rifle.
Swapp was shot by FBI agents and later surrendered.