BY ROBIN KNEPPER
Eric Dee Abshire was the last to speak before his sentencing for the 2006 murder of his wife, and he adamantly proclaimed his innocence.
That didn’t stop Orange County Circuit Judge Daniel R. Bouton from sentencing Abshire Thursday to life imprisonment without parole, the maximum sentence allowed under state law.
Abshire, 37, was found guilty last October of first-degree murder in the death of 27-year-old Justine Swartz Abshire. The jury reached a verdict in 90 minutes and quickly recommended life in prison without parole.
At Thursday’s sentencing hearing, court-appointed defense attorney Charles “Buddy” Weber asked Bouton to set aside the guilty verdict and to continue the sentencing hearing for four to six weeks.
Abshire, who didn’t testify at his trial but was allowed to speak before sentencing, denied killing his wife of five months.
“Justine was very happy with me; we loved each other deeply. Justine has become the victim twice. I’m going to jail for something I didn’t do,” he said.
Bouton denied the defense requests, stating emphatically that the jury had made its decision.
“The jury clearly did not find reasonable doubt,” he said. “While there are many factual disputes in this case, it boils down to two competing theories. The commonwealth believes he intentionally killed his wife and the defense believes she was the victim of a hit-and-run.
“It was up to the jury to decide, and it found in favor of the commonwealth.”
According to investigators, Abshire told them that his wife, a kindergarten teacher in Culpeper County, had left their Barboursville home after an argument.
She called him later, saying that she was on State Route 609 and her car wouldn’t start, and to come and get her.
A call was made from her cellphone to Eric’s cellphone at 1:19 a.m. on the morning of Nov. 3, 2006.
After waiting about 20 minutes, reportedly to get dressed for a ride on his motorcycle in the cold weather, Abshire said, he came across his wife’s cold body in the middle of the road. He said he forgot he had his cellphone with him and went to neighboring residences seeking help.
Investigators determined that her body was 687 feet from her car, which was unlocked with her heavy coat, keys and purse inside. There was no debris from a motor-vehicle accident in the road and no marks on her body consistent with a hit-and-run.
According to the state medical examiner, she had 113 external blunt-force injuries, which caused her death. Testimony from three medical experts during the trial disagreed on the various internal injuries and manner of her death.
For the sentencing hearing, Justine Abshire’s parents, Steve and Heidi Swartz, and her sister, Lauren, gave written statements and spoke to the court about the disintegration of their lives since Justine’s death.
“The five-year investigation brought us to the brink of madness,” said Heidi Swartz. “She died a brutal death at the hands of someone she loved.”
The mother of Eric Abshire’s two daughters, Allison Crawford, described Abshire as a “very intensive father” and an active participant in their co-parenting.
She read letters from the two girls, 17 and 12 years old. The younger daughter’s letter said: “I don’t believe my dad hurt her; my dad loved her. Justine wouldn’t want this to be happening.”
In her final argument on the sentencing, Commonwealth’s Attorney Diana Wheeler asked for life imprisonment.
Defense attorney Weber said, “The jury verdict deserves respect, but no one knows what truly happened on that night in November.”
Weber said he would appeal the conviction.
Robin Knepper: 540/972-5701
rknepper@earthlink.net