Jury finds Weaver guilty in slaying


By LISA BOSE McDERMOTT
Texarkana Gazette

LINDEN, Texas—Jurors Tuesday convicted Mary Kathryn “Kathy” Weaver of killing her husband and making it appear to be suicide. They are expected to begin considering her punishment today.

Weaver, 55, was on trial for the Dec. 13, 2002 shooting death of her husband, John Michael Scott and maintained her innocence throughout the trial. But the jury’s finding now has her facing five to 99 years in prison.

Fifth District Judge Ralph Burgess has ordered the jury to return today to hear arguments in the punishment phase.

Scott’s death was considered a suicide for years. But in 2004, the defendant’s son Chad Weaver came forward with information about the case that would turn the case upside down. Chad Weaver went to the Atlanta Police Department with information that his own mother was responsible for his stepfather’s death.

In a move that led to his mother’s arrest, Chad Weaver, working undercover with police, taped a conversation he had of his mother. On the tape, Kathy Weaver tells Chad Weaver to keep his “damn mouth shut because they can’t get a match.” Prosecutors say she was talking about a DNA match on the gun used in Scott’s death.

On the tape, Chad Weaver told his mother that Scott didn’t have to die and Kathy Weaver told him that he didn’t understand and that she was miserable prior to his death.

District Attorney Randal Lee told jurors that he believes Kathy Weaver drugged her husband with Valium and beer and while he was asleep in a waterbed in their mobile home, that Kathy Weaver shot him with a 30-30 rifle in his head through his chin.

Kathy Weaver called emergency workers—ostensibly to help her husband when she said she found him dead. When paramedics arrived he was propped up on the bed.

Lee told jurors that he believes Scott was lying down in the bed and showed jurors what he thinks was the downward trajectory of the bullet.

Scott was found undressed.

“If you’re going to commit suicide, are you going to undress? Look at the picture. He was asleep ... there was a towel underneath him to clean up the mess. A man’s not going to think about a mess. A woman would,” Lee argued.

Lee told jurors that Kathy Weaver, her son Chad Weaver and her eldest son Kevin Hailey, had an adversarial relationship. Hailey testified on his mother’s behalf, saying Chad Weaver was lying.

(SIDE NOTE: Kevin Hailey was the main suspect in the murder of Gerri Faye, Jessica and Mackenzie Butts).

“This is a cess pool of humanity, ladies and gentleman,” Lee told jurors referring to Kathy Weaver and her children.

All three of them have multiple felonies each. Their lives have been riddled with drugs and family feuds, said Chad Weaver who has battled addictions to cocaine and methamphetamine.

“I’m not going to justify Chad. You can see why he and Kevin turned out the way he did,” Lee told jurors. “She didn’t refute it (killing Scott).

“Start cleaning up this cesspool that has been a thorn in Cass County’s side for years.”

But Doug Mulder, Kathy Weaver’s lawyer, attacked Chad Weaver and his wife, Donna.

“Do you think the Chad you know would sacrifice his momma and his half-brother to save his skin?” Mulder asked jurors. “He’s violent. He’s a terrorist. He’s a thief and a liar. Everything that Kathy Weaver said is consistent with a suicide.”

Mulder said his client had told Scott’s family of his depression.

He questioned why Scott’s family did not testify of the alleged depression.

Lee told jurors that the family wanted to attend the trial and would not have legally been able to if they were witnesses, which is standard procedure for court witnesses. Instead, Lee called Scott’s friends who say that the glass worker was not depressed.

Lee also argued that Scott would not have made any short or long term plans had he intended to take his life.