Robuck testifies in his first-degree murder trial

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Justin Alan Robuck took the witness stand Thursday during his first-degree murder trial in the stabbing death of Jerry Alden Pittman II of Newton last October. Robuck testified in court he stabbed Pittman twice in the leg after the 19-year-old swung a knife at Tyler Ray Oberhart, who Robuck described as “family.” Robuck said he received a phone call around 3:20 a.m. on Saturday, Oct. 6, 2007, from Oberhart, who wanted Robuck to join him in confronting Pittman for cheating Oberhart in a drug exchange for $20 worth of marijuana earlier that morning. “I thought I could talk to Jerry and help avoid a fight,” Robuck said. “I didn’t want any problems. I just wanted to resolve the conflict and go home.” When asked by his attorney, John P. Roehrick of Roehrick Law Firm in Des Moines, if he intended to kill Pittman during the altercation, Robuck answered, “Never. No.” Jasper County Assistant Attorney Michael Jacobsen asked Robuck several times during cross-examination why he didn’t leave the Pittman residence when things got violent or contact police immediately after. Robuck answered he wasn’t thinking and that he was scared. “I do wish I could take back what I did,” Robuck stated at one point during his testimony.

Robuck, who is a graduate of Basics & Beyond Alternative School and previously lived in Newton, said he came to Newton from his mother’s house in Des Moines early in the evening on Friday, Oct. 5, 2007. The 20-year-old stated he visited several friends before returning to Newton resident Brandon Miller’s apartment, where the two of them and 20-year-old Chad Forbes were watching movies until Robuck received the phone call from Oberhart to go with him to Pittman’s. “He never really specifically said why he wanted me to go with him,” Robuck said. “I assumed it was for protection, or maybe he wanted me to talk to Jerry.” Robuck testified he asked Miller for a weapon to use for protection and was given a butterfly knife. “He (Jerry) had a reputation for ripping people off,” Robuck said. “I knew he smashed my friend’s windshield. I knew he carried a knife.” Oberhart arrived at Miller’s with his girlfriend, Mishana Cornejo, who was the sister of Robuck’s girlfriend. Courtney Hummel and her boyfriend, Ray Travis, also were in the vehicle. As Cornejo, Hummel and Travis have testified, Robuck told the others he had a knife. “I recall saying I was bringing a knife for protection because I knew Jerry carried a knife,” Robuck said. “I was basically warning them.”

Robuck said he, Oberhart and Travis exited the vehicle when arriving at Pittman’s residence at 714 W. Third St. S. and that Cornejo and Hummel remained in Hummel’s car in the alley behind the house. The three approached the north door of the residence, and Robuck said Oberhart pounded on the door, which led to Pittman’s bedroom in the basement, while yelling several times before attempting to enter. Robuck said he pushed the door shut and then began walking back toward Hummel’s car. “I was going to leave,” he said. “We tried knocking on the door. You don’t just go in someone’s house no matter what it is. There’s no point in staying and banging on a door.”

Robuck said as he was crossing the back yard toward the alley, he saw Pittman, who he described as making aggressive movements with a knife in his hand. Oberhart and Travis approached, and Robuck testifed Oberhart began arguing with Pittman about the drug exchange. Robuck said Pittman lunged at Oberhart at one point with his knife. “I said ‘just give him (Oberhart) his money so we can leave’,” Robuck recalled telling Pittman. Robuck also testified he, Oberhart and Travis all pulled out their knives after seeing Pittman had a knife in his hand. Travis, who was 19 at the time of the incident, testified in court Monday his dragonfly knife remained in his pocket during the entire confrontation and that only Oberhart and Robuck had their knives, a switchblade and butterfly knife, in hand when first seeing Pittman in the yard. According to Robuck and Travis’ testimony, Pittman eventually agreed to give Oberhart real marijuana and crossed the yard to one of two garages on the east side of the property, stepping just inside the door. Robuck said Pittman then came out swinging a piece of PVC pipe, striking Oberhart in the face. Although Travis testifed Pittman’s knife was no longer in his hand, and investigators reported finding Pittman’s knife in his pocket, Robuck said he saw Pittman’s knife in his hand. Both Travis and Robuck testified Oberhart pursued Pittman when he ran and that both ended up on the ground at the other end of the garage. Robuck said he and Travis ran after them. “There was no time to think. It was a reaction,” Robuck said.

According to Robuck, Pittman was on his back on the ground swinging his knife toward Oberhart, who was kneeling beside him. Robuck said that’s when he stabbed Pittman twice in the left leg or possibly in the stomach. Robuck said his purpose was “to get Jerry to quit swinging at Tyler”. Robuck then realized his left hand had been stabbed through, and he stood, telling the others they needed to leave. At that point, Robuck said he saw Oberhart stabbing Pittman very fast multiple times in the chest area. Robuck said he then returned to Hummel’s vehicle. “I was shocked. I was pretty scared. I couldn’t believe I had a hole through my hand,” Robuck told the court. After Travis and then Oberhart returned to the car, the group returned to Miller’s, and eventually Robuck, Forbes, Oberhart and Cornejo left for Des Moines to take Robuck to Mercy Medical Center. Following surgery, his parents took him to his mother’s house, and Robuck contacted authorities the following day. Prosecutors questioned Robuck about his statements to investigators after turning himself in, noting his version of the events changed several times. Robuck told the court multiple times he was not being truthful during his initial interview because he was afraid and trying to protect himself, his friends and his family. “I was trying to keep everyone out of trouble,” Robuck said. “Tyler was like family. I didn’t want to have to tell on him. I didn’t want to tell on anyone.” According to taped interviews played during their trials, both Robuck and Oberhart eventually admitted to investigators they stabbed Pittman twice. Witnesses in both trials have testified to hearing Oberhart say he stabbed Pittman in the chest or heart. Autopsy reports show Pittman actually was stabbed 29 times in the heart, lungs, side, legs and buttocks areas. “When Tyler got back to the car, he said he stabbed Jerry in the heart,” Robuck said. “He did not say chest. He said heart.”

Travis also told the court on Monday he observed Robuck stabbing Pittman more than five times during the altercation, which Robuck denied during his testimony. He also denied or said he did not recall making other statements witnesses attributed to him, including Cornejo’s claim that Robuck said “I must have stabbed him 30 times” after returning to Hummel’s vehicle. Robuck is one of six facing criminal charges in connection with the events surrounding Pittman’s death. Cornejo and Hummel pleaded guilty to accessory after the fact of a felony, an aggravated misdemeanor, for helping clean blood evidence and plan alibis for Robuck, Oberhart and Travis. Both will spend one year in the Jasper County Jail. Forbes also has been charged with accessory after fact of a felony and with conspiracy to commit robbery, a class C felony. Travis pleaded guilty to a lesser charge of second-degree robbery and is serving a 10-year prison sentence. Oberhart was found guilty in August of first-degree murder and faces a mandatory sentence of life imprisonment. Robuck’s trial was scheduled to continue this morning in Dallas County with closing arguments before the jury will be given instructions and begin deliberations. Mandi Lamb can be contacted at 792-3121 ext. 424 or via e-mail at mlamb@newtondailynews.com.