Day was 'obsessed'
Prosecutors in Capac shooting case say woman driven by love affair
June 08, 2011PORT HURON — As of Tuesday afternoon, prosecutors continued to present witnesses in the attempted murder trial of Jill Day.
Last Wednesday, a jury of six women and seven men were selected to hear the case against the 55 year-old Holly woman accused of trying to shoot and kill Steven Podschwit outside of his Capac home in October.
The prosecution alleges that Day committed the crime on behalf of Guy Fisher, an Emmett Twp. man who accused Podschwit of having an extramarital affair with his wife, Nicole Fisher.
"She was obsessed with Guy and would do anything for him," Assistant Prosecutor Amy Stover said in her opening statement, referring to the defendant.
"I can't tell you why Jill Day shot Steven Podschwit but the evidence will show that she would do anything to please Guy."
On Tuesday, an investigator testified regarding an affidavit dated from December of 2003 wherein Jill Day proclaimed her love for Guy Fisher.
"I fell head over heels in love with Guy," the affidavit reads. "I left my husband in hopes of having a life with him."
Guy Fisher was the prime suspect early on in the investigation but the prosecution put a string of witnesses on the stand, including his four children, who all said he was home at the time of the shooting.
|Alleged shooter Jill Day being led into the courtroom for preliminary examination in January.|
Day's attorney, David Gilbert, told the jury that the evidence will prove a man shot Podschwit.
Gilbert also acknowledged the salacious nature of the testimony that was to come.
"You basically have a soap opera going on here," he said.
Both Podschwit and Nicole Fisher denied having a relationship before or at the time of the shooting. Nicole said that her husband admitted to having an affair with Day in 2002. Day was a client of the Fishers' dog handling business.
The Fishers are currently in the process of divorcing. Guy Fisher pled guilty to one count of domestic violence stemming from an incident between him and Nicole October 20, 2010.
The day before the shooting, Podschwit and Nicole Fisher met in the Capac McDonald's parking lot. Fisher said she wanted to show Podschwit the paperwork from the domestic violence incident and get advice about finding a divorce attorney since he had recently gone through a divorce himself. They also compared notes about strange phone calls they'd been receiving.
Previously, Podschwit and his then wife, Catherine and the Fishers were acquainted through their mutual interest in dog showing and breeding.
Podschwit said he and Guy Fisher bartered services for several years but eventually had a falling out in 2007 over money and a dog breeding-related dispute.
Podschwit kept in contact with Nicole Fisher and in 2008, Guy confronted him over the phone about the suspected affair.
Podschwit was shot twice in his driveway as he was walking toward his vehicle on the morning of October 28. He said he didn't see who the shooter was, but only saw the muzzle flashes as the gun fired. His injuries weren't life threatening.
As he attempted to make his way into the house, he saw a dark-colored minivan drive by slowly and the lone occupant in the vehicle turned to look in his direction.
Podschwit's neighbors, a Capac Schools employee, Capac DPW employee and another Glassford Street resident all testified that they saw a dark colored van parked near Podschwit's home on the morning of the shooting. Several heard the shots.
The victim told police that Guy Fisher might have had something to do with the shooting.
"I couldn't think of any other enemies that I had," Podschwit said.
A St. Clair County Sheriff detective on Tuesday testified that Day became a "person of interest" in the case when investigators learned she was the registered owner of a dark blue minivan, and that she owned a 45 caliber Glock, the same type of weapon used in the shooting.
Evidence was also introduced that Day had been at a shooting range in Auburn Hills on October 20, 2010.
Prosecutors attempted to introduce phone record evidence wherein they assert there is proof that Day was in Capac on the day and time of the shooting. As of press deadline, presentation of the evidence was postponed based on objections from defense counsel.
Seated between her attorneys, Day appears relaxed and upbeat as the trial continues, thumbing through documents and conversing with legal counsel.
Whether or not she will testify on her own behalf has yet to be decided, her attorneys say. Guy Fisher's name appears on the defense witness list, though that is subject to change.
Testimony is expected to continue for the next several days.
Maria Brown joined the Tri-City Times staff in 2003, the same year she earned a bachelor's degree in English from Calvin College. Born and raised in Imlay City, she now resides north of Capac where she enjoys working on the farm, gardening and reading.