A Butler County jury is expected to decide today whether a Poplar Bluff, Mo., committed a crime or acted in self defense when he shot his former brother-in-law, who later died of his injuries.
Eddie J. Skorcz, 60, is standing trial before Presiding Circuit Judge Michael Pritchett on the Class A felony of second-degree murder and the unclassified felony of armed criminal action (ACA) or in the alternative the Class B felony of voluntary manslaughter and ACA or in the alternative the Class C felony of involuntary manslaughter.
He is accused of causing the death of Mitchell Dugger, 52, of Broseley, Mo., after shooting him Oct. 14, 2015, in the parking lot of Poplar Bluff Regional Medical Center Behavioral Health on North Westwood Boulevard.
A jury of eight men and six women, which includes two alternates, was chosen Wednesday afternoon from a pool of about 80 after earlier being questioned by Butler County Assistant Prosecuting Attorney Paul Oesterreicher and Skorcz's attorney, Dan Moore.
After being sworn in at 2:04 p.m., the jury heard opening statements from Oesterreicher and Skorcz's attorney, Devin Kirby.
Oesterreicher outlined the state's evidence, specifically telling the jury what the testimony of Dugger's father and son would be.
The case, he said, "boils down" to credibility of statements made.
"We do not dispute the fact that Eddie Skorcz shot Mitch Dugger," Kirby said. "The issue is whether Eddie Skorcz was defending himself" against what Kirby described as an aggressive attack at the hands of the Mitch Dugger.
John Dugger testified his son called him on Oct. 14, 2015, to pick him up at Qulin, Mo.
"I took him to the hospital; we went over there to see Mitch's ex-wife, Sonya, to visit her," he said.
Upon arriving at the hospital, the witness said, he parked near the stairs leading from the parking lot to the hospital entrance.
"Me and Jacob started up the stairs, and Mitch was behind," the witness said.
Eddie Skorcz, he said, was seated about half way up the stairs, while his son, Blake, was at the top, John Dugger said.
"He was just sitting there," said John Dugger, who indicated he went up the left side of the stairs, while his grandson went up the right.
The witness said his son was coming up behind him.
When asked whether he heard his son say anything, John Dugger responded: "He asked Eddie if we had a problem."
The witness said he didn't think what his son said was said in anger, and he denied any cuss words were used.
"I was at the top of the stairs" when the statement was made, said John Dugger, who indicated he saw Skorcz push his son.
Skorcz, according to the witness, did not fall over the ledge/retaining wall, but "threw himself backward off the thing."
John Dugger said his attention was on his grandson, who was fighting with his cousin at the top of the stairs.
When the shots went off, John Dugger said, he went over to where his son and Skorcz were because "I knew he had shot my son."
The elder Dugger said his son was lying on top of Skorcz, who he then held in place until help arrived. His son crawled away.
"I didn't want him shooting anybody else," he said.
Once a security guard arrived, the witness said, he went over to his son.
When Oesterreicher asked whether the witness saw his son hit Skorcz, he responded: "I never saw him hit him."
On cross-examination, John Dugger confirmed Skorcz "always had" a gun.
At the time the shots were fired, John Dugger told Kirby that Blake Skorcz was standing in front of him and his grandson was standing behind in "pretty close" proximity.
The elder Dugger reiterated he saw his son on top of Skorcz, but again denied seeing his son hit the man.
John Dugger said his son initially was treated at Poplar Bluff Regional Medical Center and later taken to a Cape Girardeau, Mo., hospital, where he died a few weeks later. One of Mitch Dugger's legs was amputated prior to his death.
Jacob Dugger testified he had taken his mom to hospital the day before the shooting.
"I didn't really know why they put her in the hospital," he said.
Sister(s) of Jacob Dugger's mother reportedly had obtained a 96-hour commitment order for her.
Oesterreicher asked Jacob Dugger about letters written by his mother, which contained possible suicidal comments.
"I didn't believe" the letters, the witness said.
After taking his mother to the hospital, Jacob Dugger said, he left, but returned later to visit.
During that visit, the witness reported he did not like how his mother was being treated and subsequently called family members, including an aunt and grandmother, to tell them his mom should be at the hospital, and that he didn't like what they had done to her.
The next day, Jacob Dugger said, he, his father and grandfather went to the hospital to visit his mom.
Upon their arrival, Jacob Dugger, said they saw "Eddie sitting on the stairs," but didn't know "why he would be there."
After parking, he said, he walked up the stairs and alleged Skorcz said something to him, but did not recall what was said.
"My dad walked up and asked if we had a problem," Jacob Dugger said. "Eddie shoved him. ... Me and Blake started fighting."
During the fist fight in which Jacob Dugger said he was striking Blake Skorcz in the head, the gunshots went off.
Jacob Dugger said he then turned around and went to his dad to render aid.
On cross-examination, Moore questioned Jacob Dugger extensively regarding inconsistent statements he had made in earlier proceedings and/or depositions.
One of those inconsistencies surrounded the witness' earlier testimony when he said Skorcz had spoken to him. In prior testimony, he had indicated Skorcz had not said anything to him.
Moore asked whether his pending civil suit effected his memory and had improved it since he was seeking money from his client.
Jacob Dugger said his testimony had nothing to do with the suit.
Moore also showed the witness two letters written to him by his mother, specifically citing lines, such as how he would be "better off with (me) gone," "I won't have to be sad" and how she would "leave all my worldly possessions to you."
Jacob Dugger said his mother told him she was leaving town, not committing suicide.
Jacob Dugger denied seeing what occurred between his father and Skorcz.
When asked how many times his father had struck Skorcz, the witness said: "I don't believe he did," but reiterated he didn't see what was happening because of his fight with Blake Skorcz.
Aaron Hatfield, a hospital security guard, testified he was working at the Behavioral Health unit the night of the shooting.
"A lady walked in ... and said there had been a shooting outside," he said
Once outside, Hatfield said, he saw a "gentleman (Skorcz) on the ground with a man (John Dugger) on top of him."
The woman, Hatfield said, told him who the "shooter was, and I removed it (the gun) from his hand."
Hatfield described the gun at a .45-caliber, which he immediately removed the magazine from.
Both the gun and magazine, he said, were placed in a side pocket of his cargo pants until they were turned over to the Poplar Bluff Police Department.
Hatfield said he also initiated CPR on Mitch Dugger until emergency-medical-services personnel arrived.
Hatfield confirmed he did not see anything prior to being told about the shooting.
Police Patrolman Robert Reed testified he was among the officers who responded to the scene, where Skorcz and Mitch Dugger were found within a few feet of each other.
"It was apparent he had been shot," said Reed, who indicated there was "a lot of blood."
Patrolman Zachary Tubb then told jury he took possession of the firearm, which was placed in his patrol car and later into evidence.
As the crime scene officer, Detective Bryce Colvin said, he processed the scene.
"I found one .45 spent shell casing" in the parking space to the west of the stairs, Colvin said.
Another shell casing, he said, was found on the east side of the retaining wall, "directly up against the retaining wall."
The final witness to testify before the state rested its case at about 4:30 p.m. was police Lt. Josh Stewart.
During his testimony, Stewart said, the Duggers told officers Skorcz pushed Mitch Dugger first then Mitch Dugger pushed him back.
Blake Skorcz, he said, reported the opposite had occurred.
On both direct and cross-examination, Stewart was asked about Skorcz's injuries. The witness said he only knew about the man's fractured ribs.
Moore asked about a fit for confinement form, which was filled out by a doctor before his client's incarceration. It reportedly referenced contusions.
Stewart said he was unaware of Skorcz's other injuries, which Moore indicated included a sprain, as well as injuries to his temple and left arm.
Skorcz, Stewart said, had favored his left side.
Stewart also was asked about statements made by Skorcz, which according to Moore, included: "He beat the hell out of me. I was protecting myself. Check the security camera. He shoved me backward and beat the hell out of me."
Stewart said those statements were consistent with what Skorcz reported although he didn't remember anything being said about the hospital security cameras; however, if it was on his body-camera footage, then it was accurate.
Based on interviews with the Duggers and the younger Skorcz, Stewart said, all confirmed the elder Skorcz had been seated on the wall when he was confronted by Mitch Dugger.
"From what I was told, Mitch was the first to provoke him," Stewart said.
All three, Moore asked, reported Mitch Dugger shoved his client to the ground and was on top of him.
Stewart answered affirmatively to both questions.
The three, Stewart said, may have seen the "initial portion" of the altercation, but did not see what happened immediately before the shots were fired.