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Witnesses take stand in Shine trial; fourth shot heard on 911 call

Published: Friday, Aug. 23, 2013 11:25 a.m. CDT • Updated: Friday, Aug. 23, 2013 4:48 p.m. CDT

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During the second day of Jane Shine’s attempted murder trial, jurors listened to a 911 phone call in which the fourth and final shot to hit the alleged victim, Eric James, can be heard.

After finishing jury selection, Jasper County Attorney Michael Jacobsen delivered the state’s opening statement followed by the opening statement from Defense Attorney Steve Addington.

The state’s second witness, Jasper County dispatcher Brian Marshall, testified he received two calls for emergency assistance to 511 E. 26th St. S. The first call came from Danielle Shine, who was awakened by the gunshots. Later in the call, as Danielle is crying and explaining what she knows to Marshall, a male voice can be heard yelling in the background.

“We were all sleeping, and there was loud pops, and my husband has a hole in his neck,” Danielle Shine told the 911 dispatcher.

During the call, Marshall directed Danielle to where the ambulance would be arriving at the residence and told her to send the kids out of the house.

Midway through speaking with Danielle, Marshall received a call from Jane, during which she admitted to shooting James. Marshall told Jane to lie down on the ground.

“What is she doing, Dad? Has she gone crazy?” Danielle said to her father as the dispatcher juggled both phone calls.

During the second call, a loud pop can be heard in the background. In his testimony, Marshall said he heard a gunshot on the 911 call. After the shot, a male voice can be heard yelling again.

“I’m scared to death,” Jane said right after the shot. “He’s got a 9 mm. Help me, please. Where are they? Where are the cops?”

During that call, Marshall also asked Jane if she was under any threat three times, and she never directly answered the question. She asked Marshall several times for help and asked when the officers would arrive.

“He’s in there with my daughter and kids,” Jane said to Marshall. “I am scared to death.”

Upon arrival, an officer found the .38 revolver, with four spent cartridges and two remaining bullets, in the driver’s seat of a Pontiac Sunfire that was sitting in the driveway.  

In his opening statement, Jacobsen said Jane and Dan Shine, Jane’s husband, would often act as peacekeepers and were invited to dissolve arguments between James and Danielle.

In the week leading up to the July 14, 2012, shooting of James, a Department of Human Services employee, Amanda Bricker, was called to the house in response to an allegation that he was using methamphetamine.

Bricker was able to broker a compromise between the parties, which was that James wasn’t allowed to be alone with Danielle or the three children living in the home. Jane and Dan moved in and were sleeping in the house.

Jacobsen said after the shooting James admitted to using meth to DHS while living with Danielle.

“You’ll learn that Eric wasn’t a saint. As the evidence will show, Eric probably lived differently than everyone in this courtroom,” Jacobsen said.

Jacobsen said James will testify that he took care of Danielle, a quadriplegic, and was certified to do so. James also helped raised the three children who were in the house at the time of the shooting.  

The state’s first exhibit was a video of the interview at the Newton Police Department. During the interview, Lt. Wes Breckenridge asked Jane if she had any other alternatives to shooting James. During testimony, Breckenridge described her demeanor during the interview as anxious.

While testifying, Breckenridge was asked by Jacobsen what those alternatives could have been. Breckenridge said Jane could have sought a no-contact order or moved out of the house. Steve Addington, attorney for Jane, asked Breckenridge if he had ever known anyone to be injured or killed while under the protection of a no-contact order.

“Not off-hand,” Breckenridge said. “I’m sure it’s happened, but I don’t know anyone off-hand.”

Jane has pleaded not guilty to the six counts against her, which include attempted murder, willful injury resulting in serious injury, going armed with intent, two counts of child endangerment and use of a dangerous weapon.

In its opening statement, the defense said Jane was defending herself and others and didn’t feel safe and that her acts on July 14 were justified.

In the upcoming days of the trial, the state indicated it will show evidence that the fourth shot from Jane narrowly missed the 2-year-old child who was living in the house at the time. In his opening statement, Jacobsen said James pushed the child away, which resulted in the bullet grazing his left hand. James is expected to testify, as well as Bricker.

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Audio of 911 Call

This audio recording of 911 calls placed July 14, 2012, by Danielle Shine and Jane Shine was played as evidence Thursday during Jane Shine's attempted murder trial.

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