Interrogation evidence

The state has presented its case.

The jury has only one more testimonial to hear — the defendant’s.

Jay County prosecutor Wes Schemenaur rested his case Wednesday in Jay Circuit Court on day three of the scheduled five-day murder trial of Esther J. Stephen, 30, Portland.

Stephen is one of three women charged in the Jan. 12, 2020, murder of 31-year-old Shea Briar of Portland. The trial resumed at 8:30 a.m. today with Stephen taking the witness stand.

The bulk of Wednesday’s session revolved around a Jan. 14, 2020, interview conducted by Jay County Sheriff’s Office detectives Mitch Sutton, who is now retired, and captain Ben Schwartz.

Jurors — 12 total with two alternates composed of eight women and six men — were presented with a more than 120-page transcript of the nearly two-hour interrogation of Stephen, who court documents allege plotted to kill Briar along with 19-year-olds Shelby Hiestand, Portland, and Hannah Knapke, Fort Recovery, over a custody dispute. (Stephen and Briar shared a child.)

Hiestand and Knapke have also been charged in the case. Hiestand’s trial is set for August, while Knapke’s is scheduled for September.

In the Jan. 14, 2020, video, in which Stephen’s statements are difficult to decipher at times, she first denies having had recent contact with Briar or any knowledge of who might want to kill him.

As interrogators reveal they had Briar’s phone records and that his device made contact with Stephen’s, she argued her phone dialed his number unintentionally. She later admitted she actually spoke with Briar for a brief period of time.

“I’m scared. I didn’t do it,” she can be heard telling police.

Then, Stephen went on to backtrack on that statement.

During interrogation, Stephen confirmed Kristi Sibray’s testimony from Tuesday that Stephen and Hiestand had talked with Sibray about how to “get rid of” Briar because “things would be easier without him.”

Stephen also admitted during interrogation to previously lacing tea she gave to Briar with “15 to 20” ibuprofen pills in an attempt to get him to overdose.

Then details of the night of Jan. 11, 2020, began to emerge.

Additional probing led Stephen to confirm that she, Hiestand and Knapke used Knapke’s van to go to a bridge over Loblolly Creek on county road 125 West just south of county road 850 North in rural Bryant, a place they had gone to a week earlier in search of “a nice flat spot.”

After crossing to the north side of the bridge, they exited the vehicle. Stephen and Briar walked across the bridge to the south side. Upon questioning, Stephen admitted the plan was for her to distract Briar while Hiestand retrieved the rifle from the back of the van.

Stephen went on to say that after Hiestand shot Briar, she ran back to the van and all three women got back into it. Hiestand, who was driving, turned south and crossed the bridge past Briar. Stephen said the vehicle stopped, she exited and attempted to call 911 but panicked.

Then she admitted that, with Briar lying on the bridge, she took his phone out of his right front pocket and threw it off the east side of the bridge into the creek so he could not call 911 himself.

Detectives later allowed Stephen to call her mother, during which she said she thought the plot to shoot Briar was a joke but then it just happened.

“He was shot. I was there,” Stephen is heard telling her mom.

Stephen could be seen crying while watching the portion of the video in which she was also crying, but was otherwise once again calm during most of Wednesday’s proceedings.

During cross-examination of Schwartz (the prosecution’s final witness) and Sutton (the defense’s first witness), Stephen’s attorney Jill Gonzalez questioned the detectives’ tactics.

As Schwartz and Sutton interrogated Stephen, at times they talked loudly over one another, interrupted her and yelled at her. Gonzalez questioned the reasoning behind the yelling and interrupting, and whether it was used as a tactic to get Stephen to change her story.

Schwartz said it was just how he conducts interviews, and Sutton said he was just trying to get Stephen to tell the truth.

Gonzalez was set to only have two witnesses, with Stephen scheduled to testify this morning. Therefore, Judge Brian Hutchison adjourned court for the day at 2:17 p.m. following Sutton’s testimony.

“Judge has been really flexible with us,” Gonzalez said. “I appreciate his flexibility.”

The trial opened Monday with jury selection taking most of the day. The process wrapped up about 3 p.m., with Hutchison then calling a recess for the day.

Opening statements were Tuesday morning, and then Schemenaur began presenting his case. He called nine witnesses to the stand, including six in law enforcement officers and the forensic pathologist who performed Briar’s autopsy.

Stephen, Hiestand and Knapke are all being held in Jay County Jail without bond, pending their trials.

In Indiana, murder carries a sentence of 45 to 65 years, with an advisory sentence of 55 years.Stephen also admitted during interrogation to previously lacing tea she gave to Briar with “15 to 20” ibuprofen pills in an attempt to get him to overdose.

Then details of the night of Jan. 11, 2020, began to emerge.

Additional probing led Stephen to confirm that she, Hiestand and Knapke used Knapke’s van to go to a bridge over Loblolly Creek on county road 125 West just south of county road 850 North in rural Bryant, a place they had gone to a week earlier in search of “a nice flat spot.”

After crossing to the north side of the bridge, they exited the vehicle. Stephen and Briar walked across the bridge to the south side. Upon questioning, Stephen admitted the plan was for her to distract Briar while Hiestand retrieved the rifle from the back of the van.

Stephen went on to say that after Hiestand shot Briar, she ran back to the van and all three women got back into it. Hiestand, who was driving, turned south and crossed the bridge past Briar. Stephen said the vehicle stopped, she exited and attempted to call 911 but panicked.

Then she admitted that, with Briar lying on the bridge, she took his phone out of his right front pocket and threw it off the east side of the bridge into the creek so he could not call 911 himself.

Detectives later allowed Stephen to call her mother, during which she said she thought the plot to shoot Briar was a joke but then it just happened.

“He was shot. I was there,” Stephen is heard telling her mom.

Stephen could be seen crying while watching the portion of the video in which she was also crying, but was otherwise once again calm during most of Wednesday’s proceedings.

During cross-examination of Schwartz (the prosecution’s final witness) and Sutton (the defense’s first witness), Stephen’s attorney Jill Gonzalez questioned the detectives’ tactics.

As Schwartz and Sutton interrogated Stephen, at times they talked loudly over one another, interrupted her and yelled at her. Gonzalez questioned the reasoning behind the yelling and interrupting, and whether it was used as a tactic to get Stephen to change her story.

Schwartz said it was just how he conducts interviews, and Sutton said he was just trying to get Stephen to tell the truth.

Gonzalez was set to only have two witnesses, with Stephen scheduled to testify this morning. Therefore, Judge Brian Hutchison adjourned court for the day at 2:17 p.m. following Sutton’s testimony.

“Judge has been really flexible with us,” Gonzalez said. “I appreciate his flexibility.”

The trial opened Monday with jury selection taking most of the day. The process wrapped up about 3 p.m., with Hutchison then calling a recess for the day.

Opening statements were Tuesday morning, and then Schemenaur began presenting his case. He called nine witnesses to the stand, including six in law enforcement officers and the forensic pathologist who performed Briar’s autopsy.

Stephen, Hiestand and Knapke are all being held in Jay County Jail without bond, pending their trials.

In Indiana, murder carries a sentence of 45 to 65 years, with an advisory sentence of 55 years.