Jury Reaches Verdict in Carlsbad Husband-Killing Trial

A jury has found a Carlsbad woman accused of murdering her husband not guilty of first-degree murder, but deadlocked on the remaining charges.

After deliberating about 16 hours over two days, the jury announced the verdict on Wednesday in the trial of Julie Harper accused of fatally shooting Jason Harper, a Carlsbad High School math teacher, on Aug. 7, 2012.

She showed little outward emotion upon hearing the verdicts. Harper, who is free on $2 million bail, declined to speak to reporters as she left the courthouse.

The judge declared a mistrial in the other charges against Harper: second-degree murder and manslaughter.

The district attorney's office has the option whether or not to try Harper again; legal experts say a retrial is likely, taking into account the severity of the charges that were deadlocked and the fact they come with a firearm enhancement.

Jason Harper's friends and colleagues were at court on Wednesday and said they were "shocked" and "very disappointed" with the verdict.

"I feel like I've lost a little bit of faith in the justice system and I don't like that feeling at all," said Andy Tomkinson, a Carlsbad High School teacher and Jason Harper's friend.

In the trial, which lasted three weeks, Harper claimed she had been acting in self-defense because she feared her husband would kill or rape her.

Prosecutors argued Harper had been angry and spiteful about the marriage.

In closing arguments, defense attorney Paul Pfingst said that there is no evidence Harper was angry or spiteful, just a victim of months of verbal, physical and sexual abuse. Pfingst said she feared for her life and that her actions were out of love for her children.

“One could say that neither one is irrational, neither one is unreasonable,” Pfingst told jurors. “But if there is an argument that has reason to support it that comes to the benefit of Ms. Harper, she's entitled to the one that supports her."

Deputy District Attorney Keith Watanabe said Harper’s actions were those of a guilty person: She buried the gun, moved her husband’s car and moved his body. Plus, she did not immediately report his death.

He also said her story of her husband’s alleged abuse has never been been corroborated.

“If she does not have the right to defend herself than she has no right to point a loaded gun at another human being,” Watanabe said.

Pfingst did not address why Harper buried her gun, which has not been found to this day.

Contact Us