A new account of how Kevin Flynn was killed emerged Wednesday when murder defendant Anthony LaMarca testified.
His daughter, not he, put two .22-caliber bullets into her husband's head.
And it was his daughter, LaMarca said, who later climbed on him and tried to initiate sexual intercourse.
The only defense witness in his first-degree murder trial, LaMarca denied any involvement in Flynn's death and denied raping his daughter. Instead, he said, he was framed by his daughter after she became angry and killed her husband on her 20th birthday.
The 42-year-old Dunedin man, who faces the death penalty if convicted, is accused of shooting Flynn after an argument Dec. 2, 1995. Flynn, 30, also of Dunedin, was found dead in LaMarca's rented mobile home. Accused of raping his daughter the same night, LaMarca was arrested six weeks later in a small town in Washington state.
Prosecution witnesses testified Wednesday that LaMarca had a .22-caliber rifle before and after Flynn was killed. Firearm and ballistic experts said bullets recovered from Flynn's head were fired from the rifle.
LaMarca's daughter testified Tuesday that she gave LaMarca a ride the night her husband was killed. She said they went to the house of LaMarca's father in Hudson, where he grabbed her around the neck and forced her to have sex.
During about two hours of testimony, LaMarca calmly painted a different picture.
While his daughter and her husband were celebrating her birthday at a Dunedin bar, he was trying to find a way to move some belongings to his father's house. LaMarca asked to borrow his daughter's car, but Flynn offered instead to take him to his mobile home.
On the way, LaMarca explained that he was moving and needed a car. Although a witness testified that two men were arguing outside LaMarca's mobile home, he denied it.
While Flynn stayed at the mobile home, LaMarca said he went back to the bar to get his daughter. They agreed to take him to Hudson and began arguing.
"(They) were arguing about who was going to drive," LaMarca testified. "I said I didn't want to cause any problems and ruin her birthday."
He decided to hitchhike and started walking. Ten minutes later, he said, his daughter pulled up in her car and gave him a ride to Hudson.
LaMarca testified that he had been drinking Scotch and beer since midday and was drunk. He said he passed out at the house.
"I woke up to someone straddling my legs," LaMarca said, adding it took him a minute to realize it was his daughter. "I pushed her off onto the floor . . . She was crying and calling me names. I told her to go home to her husband."
That was when she told him she had fatally shot her husband while at LaMarca's mobile home, he said, because "he wouldn't give her the keys to the car."
"I told her I couldn't be a party to that," LaMarca testified, saying she told him she would blame it on him.
He ran into nearby woods and eventually took a bus to Washington to see a woman he identified as his fiancee.
LaMarca told jurors he had been convicted of 11 felonies, but did not provide details. Four months before Flynn's murder, LaMarca was released from state prison after serving 11 years of a 22-year sentence for kidnapping and attempted rape in Miami.
Prosecutors pointed out inconsistencies in LaMarca's account with testimony from other witnesses and may call additional witnesses today before closing arguments. The jury is expected to begin deliberations today.