Both husband and wife responsible for death: lawyer

Jason Hubler may have concocted the plan to kill Rino (Ray) Johnson for his truck and money, but his wife Tosha Hubler was just as responsible for his death and dumping of his body, says Crown prosecutor Mike Ewenson.

"There was a plan by Jason Hubler, but joined in and endorsed by Tosha, to lure Ray Johnson to their home to kill him and take his truck," Ewenson told the jury in his final argument of the Hublers’ murder trial on Wednesday.

"Don’t be fooled into thinking this was just Jason. Jason made a plan and Tosha joined in the plan. He took her to see the truck at the flea market.

"They both covered the windows in their house, Tosha got the trunk ready to put his body into and both did the cleanup after he was killed. Then they both took part in disposing of it."

Ewenson said all of the evidence points to both Jason Hubler, 36, and Tosha Hubler, 31, being guilty of first-degree murder of Johnson on Jan. 30, 2009, and causing an indignity to the 77-year-old man’s remains.

Family members of the victim, a 15-year vendor at Hillhurst-Sunnyside flea market who bought and sold tools, later said outside court they were exhausted from the fourweek trial and were hoping for a proper conclusion.

"We’re confident in the evidence police forwarded and in the Crown’s case," said Johnson’s daughter, Bonnie Gillard.

"They’ve got a strong case and we’re confident the jury will reach a verdict that is just, but it has been really draining."

"We’re hoping that justice is completely served here," added her sister, Laurie Bowie.

"We’re relieved we’re close to the end of it and confident with the case put forward."

Defence lawyers, however -Allan Fay for Tosha and David Chow for Jason -pointed fingers at the co-accused and urged the jury to acquit their clients of murder.

Chow, though, conceded his client should be convicted of the lesser count of causing the indignity to the victim’s body, which was stuffed into the trunk and dumped near railroad tracks in a southeast industrial area.

Fay argued it was the allegedly abusive husband who alone devised and carried out the plan to kill Johnson and steal his 2008 GMC Sierra truck when he came to buy some tools at their Bridgeland home that day.

"This much is clear. Jason Hubler concocted a plan to kill Ray Johnson and to take his truck," said Fay. "It is clear he wanted a truck and he told people about it for some time. . . .

"There was never enough money in the Hubler house that they could afford a truck like this. It’s also equally clear he saw Ray Johnson as an easy target, an older gentleman who was vulnerable and ill."

Fay said his client was under duress from years of emotional and physical abuse at the hands of her husband and only assisted in facilitating the murder and disposing of the body for fear she might face the same fate.

He also dismissed Jason Hubler’s statement to police after his arrest that Johnson accidentally fell down the steep basement stairs at the home, because the evidence did not support his version.

Tosha Hubler had told police in her statement after her arrest and testified during the trial that Jason ambushed the senior and beat him repeatedly on the head with two metal hammock poles taped together.

"You should believe her how Ray Johnson met his end and why she went along with Jason’s plan," said Fay. "Make it clear, this was Jason’s plan, not Tosha’s, and he sprang it on her.

"She suffered years of abuse, mental and physical, and knew if she opposed him, he would threaten her life and put her family members in danger. . . . If she opposed Jason in any plans, it would be to her peril.

"Tosha Hubler, at the time -put yourself in her shoes -you’ll ultimately find she had no safe avenue of escape. She felt even if she got away that he would come after her."

Chow spent most of his argument attacking Tosha Hubler’s story as coming from a chronic liar who was trying to pin the killing on her husband to save her own skin.

"Tosha Hubler is a self-confessed liar. She does things for her own best interest," Chow told the jury of nine women and three men.

"Is it possible she could concoct a story, create a lie and corner herself? I submit it is. The Crown’s theory is a good one, but it’s not a theory that’s insurmountable when you apply the rule of law.

"Tosha Hubler tells about graphic bludgeoning of Ray Johnson, for five to 10 minutes. What you haven’t seen is a murder weapon, no two poles as she says. There’s no poles with the blood or DNA of my client, poles that were used for five to 10 minutes."

Chow also pointed to Jason Hubler’s statement to police after their arrest, when he said Johnson fell down the stairs at his home, a comment made when he was tired from being up for more than 20 hours.

He also attacked police for not properly checking for blood or DNA on all of the basement stairs to verify his client’s story.

Earlier, Tosha’s sister Patti Watland testified how she gingerly -to no avail -tried to help Tosha escape her abusive husband’s grip.

"We had just started planning how we’d do it without causing any harm," Watland told court in defence of her sister. "We were concerned about her safety as well as mine and my children."

Jason Hubler did not testify during the trial.

Court of Queen’s Bench Justice Colleen Kenny will give her final instructions to the jury today, then the jury will begin deliberations.

Calgary Herald