Cases outlined in murder trial

First-degree murder or manslaughter?

A 12-member jury, made up of six women and six men, must decide whether they believe Richard A. Griswold, 43, of Beatrice should be found guilty of first-degree murder or manslaughter for shooting and killing Connie Eacret, 49, of Beatrice at her residence at 1322 Ella St. on Nov. 17.

Griswold’s trial officially began late Monday afternoon after a lengthy jury selection. As opening statements began, jurors listened intently as both the prosecution and defense outlined their cases.

“We are going to ask you to return a guilty verdict for a planned murder,” Assistant Nebraska Attorney General Doug Warner said during his opening statements for the prosecution.

A variety of testimony and evidence will be provided in the case that will touch upon the events of Nov. 17, what was found in the house and the relationship between Eacret and Griswold, Warner said. Based on that evidence and testimony, the state hopes the jury will find Griswold guilty of first-degree murder, a Class I felony.

Warner said evidence and testimony provided by the state will include a description of the weapon and how it was used; additional shots from the gun found in the house, including one that was intentionally shot into the ceiling of the bedroom; and information on calls to Griswold’s mother, Judy Cleveland, asking her to come and get Griswold because he had a gun.

There will also be testimony given relating to the fact that Griswold told officers that the shooting was the result of a fight and that it was all over a “love triangle,” Warner said.

Stephanie Clark, public defender for Griswold, said she would be trying to persuade jurors that Griswold is not guilty of first-degree murder.

“At the close of the evidence, we won’t be asking you to return a verdict of not guilty,” Clark told the jury during the opening statement for the defense.

“We will be asking you to find that Rick (Griswold) is guilty of manslaughter, not of premeditated first-degree murder.”

Clark maintained Griswold was attempting to commit suicide and said there was evidence to support it. Prior to the shooting, she said, Griswold consumed a large amount of alcohol and 20 pills of valium as he was distraught over the fact that Eacret was unsure of her feelings for him.

Clark said she recognized this was a sad event that occurred but asked jurors to weigh the evidence carefully.

“A lot of the facts are not in controversy,” she said. “This is not a case that we’re asking you to find that Rick has no responsibility.”

“Rick acknowledges that he has responsibility, what we’re asking you is to look at intent, premeditation and what exactly that he is guilty of.”

The jury, along with two alternate jurors, will spend the next few days hearing and seeing evidence and testimony from witnesses to determine whether or not Griswold, who admits to shooting and killing Eacret, is guilty of premeditated first-degree murder or manslaughter. He is also charged with using a gun to commit a felony.

The state began to present witnesses shortly after opening statements, including testimony from Beatrice police officers and Eacret’s daughter, Monica Sherwood.

First to testify on the stand were several members of the Beatrice Police Department and the Gage County Sheriff’s Office, who spoke on the initial dispatch called in by Griswold that he had just shot his girlfriend.

Law enforcement officers also testified about what they found at the scene when they arrived at 1322 Ella St. at 5:16 a.m. on Nov. 17 and the events that took place upon arrival.

Much detail was given describing the discovery of the gun that was found on the dining room table. Officers testified the gun was cocked back ready to be fired with a live round.

Officers spoke about finding Eacret on her back in the kitchen with a single gunshot to the right eye. However, she was still breathing and they assisted her until paramedics arrived on the scene.

Eacret was initially taken to Beatrice Community Hospital and Health Center before she was taken by LifeNet to BryanLGH West Medical Center in Lincoln, officers stated. She died later that afternoon in Lincoln.

Griswold was first seen in the front doorway of the house and was quickly taken into custody, officers testified.

Jurors also heard witnesses share initial statements he made to them while taken into custody.

“He made the statement was that this was over a love triangle,” Beatrice Police Officer Joe McCormick testified.

Sherwood, Eacret’s daughter, was called to the stand Monday. In a soft-spoken voice, Sherwood testified about her mother and how she knew Griswold and her mother’s relationship with him.

Beatrice Police Investigator Christina Vath, the last to be called to the stand Monday, testified on Eacret’s autopsy completed in Omaha.

The trial was recessed in the middle of Vath’s testimony until Tuesday morning.