The jury trying the case of three men accused of murdering state Corrections Lt. Fred House will take the weekend off before listening to closing arguments and beginning deliberations on Monday.
Prosecutors on Friday decided not to put on rebuttal evidence against Addam Swapp, 27, Jonathan Swapp, 21, and John Timothy Singer, 22. Defense attorneys for the three men rested their cases Thursday afternoon.Meanwhile, a Salt Lake woman faces arraignment Tuesday on charges she had a concealed handgun in her purse as she tried to enter the Summit County courtroom where the case is being tried.
Carla S. Foster, 36 - identified as a friend of Addam Swapp's mother-in-law, Vickie Singer - was stopped outside the courtroom following a recess. A Summit County deputy sheriff issued her a misdemeanor citation for carrying a concealed weapon.
Deputies seized a .25-caliber handgun she had in her purse, said sheriff's detective Joe Offret. Authorities, however, don't believe Foster intended to smuggle the gun to anyone.
"She had a legitimate reason to be carrying a handgun: She lives in Salt Lake City," Offret said.
In the courtroom, prosecutors had planned to call a rebuttal witness Friday but changed their minds after defense attorneys objected and demanded a hearing on the admissibility of the witness' testimony.
The Swapp brothers and Singer are charged in connection with a shoot-out Jan. 28 that concluded a 13-day standoff with law enforcement officers at the Singer property in Marion, Summit County. The standoff occurred after Addam Swapp dynamited a nearby LDS chapel.
Swapp has maintained that he bombed the church to symbolize injustices that began with the death of John Singer, father of John Timothy Singer and husband to Vickie Singer, who was killed in January 1979 by police who said he pointed a gun at them when they tried to arrest him.
Jonathan Swapp, like his brother, told the court Thursday that he believes John Singer was murdered.
And on the morning of Jan. 28, Jonathan Swapp testified, he thought law officers were similarly trying to kill his brother as he and Addam walked from the goat pen back to the Singer home. Shortly after Addam Swapp was shot in the wrist and chest, Jonathan Swapp fired three shots.
Those three shots, two of which passed within inches of FBI agents inside the home known as the Bates residence west of the Singer residence, are being highlighted by prosecutors to demonstrate that Jonathan Swapp's actions throughout the siege created a grave risk to human life.
But Jonathan Swapp, 21, said he wasn't shooting at anyone. "I shot . . . so people would duck, so people would stop shooting. It was to stop them from killing my brother."
In cross examination, assistant U.S. attorney Dave Schwendiman asked Jonathan Swapp whether he believed his repeated shooting at lights and speakers endangered police officers.
"It was not dangerous to them at all. All they had to do is just walk away and just leave us alone," Jonathan Swapp said.
Under Schwendiman's questioning, Jonathan Swapp said he had purchased dynamite for his brother and signed Addam Swapp's name on the receipt.
Addam Swapp, however, is not his leader, Jonathan Swapp testified in response to Schwendiman's inquiry. "I am my own man. I do my own thing and act according to my own will," Jonathan Swapp said.
Fred Metos - attorney for John Timothy Singer, accused of firing the shot that killed House - did not put his client on the witness stand.
Instead, Metos called just one witness: Christa Pickens, a court-appointed investigator for Metos. Pickens illustrated that the shoulders of wheelchair-bound Singer come to about four inches below the bottom window sill. Singer is accused of firing the volley of shots, one of which killed House.
Singer, however, contends he was firing at dogs that were released to subdue the Swapp brothers.
Pickens, using prior testimony and evidence, demonstrated how shots fired with Singer's gun from his bedroom window at dogs in front of the Bates home could strike a man in the chest if that man were standing in the doorway, which is where House was standing when he was shot.