Tosha Hubler testifies about husband’s violent history

Tosha Hubler says her common-law relationship and then marriage to Jason Hubler was full of strife, with heated arguments over finances and physical violence toward her.

Both are on trial, charged with first-degree murder in the death of flea market vendor Rino (Ray) Johnson.

In her highly-detailed testimony Thursday, Tosha Hubler cited numerous times when her husband verbally or physically abused her. She said she wouldn’t leave him because he had threatened to kill her and harm her family.

It all started early in their relationship when he choked her until she almost blacked out, and he only stopped when she kneed him in the groin.

She said the incident alarmed her, but after everything calmed down, he apologized and seemed very remorseful and “I let it go.”

“He said he could never kill me, because he loves me,” she told her lawyer Allan Fay.

Jason Hubler showed little emotion in the prisoner’s box throughout the day, but winced and shook his head a couple of times when she outlined the details of their relationship.

She also said several times that she loved him, despite his penchant for violence, use of weapons and criminal activity including robbery, mischief causing damage and theft.

In fact, before they were married in January 2007, she actually chose him over her two children from a prior marriage by defying a court order to not have contact with him because of his violent past.

The couple are accused of killing Johnson, a well-liked regular at Hillhurst Sunnyside flea market, at their Bridgeland home on Jan. 30, 2009.

They are also accused of interfering with a dead body for stuffing the 77-year-old victim into a steamer trunk and dumping it in a southeast industrial area. It was discovered the next day by a homeless man living in a tent.

The jury previously heard in her videotaped police statement that Jason struck the senior numerous times on the head with two hammock poles tied together as soon as he entered their residence that winter day.

She said Jason then zapped him with a Taser gun to see if he was still alive, then got her to help stuff his body into the wooden box and they stole his truck.

They dumped the body that night, then drove the truck around, showing it off to friends and family as their new purchase from a friend, until they were arrested near Banff six days later.

Tosha Hubler said she spent much of the time in fear of Jason.

She said she threatened to leave him several times, once packing her belongings and was ready to depart, even though she had no money and no place to go.

“I thought if I scared Jason by telling him I’m moving out, we could fix our issues,” she told the jury. “He said “˜fine, leave,’ and threw my suitcase and belongings down the stairs.

“I begged, pleaded, apologized and accepted I was wrong. I begged for him to let me stay. He did.”

Tosha Hubler said she wasn’t happy that Kelly Ford was living with them, because he would get angry while playing video games, had a violent temper and used drugs, but went along because he was Jason’s friend.

Even after the couple moved two or three times, she said, things started to get worse and the arguments and assaults became more frequent and often more intense. She said he choked her at least eight more times and once said he’d kill her if she left him. He’d also regularly slap, push and punch her.

“Jason’s temper seemed to fly off the handle more and more,” she said. “At the slightest thing, if the dishes weren’t done, there was a messy kitchen or the laundry was not done … it just seemed like he was overreacting on small issues. It would become physical if I struggled or disagreed with him.”

Medical examiner Dr. Sam Andrews, who performed his autopsy on Johnson, concluded he died from numerous blunt force injuries.

Andrews also said the version Jason Hubler told police about Johnson falling down steep basement steps of his rented Bridgeland home was unlikely.

Tosha Hubler said Jason would often while cooking grab knives and fake like he was stabbing her, sometimes leaving her with minor cuts.

“I’d tell him to stop. He’d just laugh at me and tell me I’m a wuss,” she said. “I was concerned for my safety because I didn’t know if he would actually cause me harm with one of these knives.”

She said he also struck her in the ankle four times with a baton he kept for security. She then spent six months in a cast with tissue and tendon damage, causing her to be shocked and angry.

Still, she said she remained by his side.

“Who would believe me?” she said. “I had nowhere to go, no money. I honestly loved Jason.”

Another time, she said he put a pillow over her face and she kicked him until he let go. She said he also struck his boss, Sam Nasser, in the head with a baseball bat when he came to their house, alleging they pulled a prank on him by ordering more than $100 worth of pizza.

“After seeing Jason strike Sam with the baseball bat, I thought he couldn’t control his temper and he’d try to kill me.”

He then began following her wherever she went, saying if she didn’t do as told, harm would come to her family, and told her he had connections with the Hells Angels.

She testified she initially participated in criminal activity with Jason and two of his friends, because it seemed cool at the time, but eventually didn’t want any part of it.

She told police in her statement after the slaying that she never thought Jason would go through with his plan to take Johnson’s truck and didn’t want any part of it. But, she added, she feared him that she took part in the aftermath.

Tosha Hubler will be back on the witness stand again Friday.

Calgary Herald