Attorneys Prepare for Dayton Murder Trial

DAYTON - The jury trial of Joseph Shuba, who is accused of murdering his wife Suzanne in Dayton last April, is scheduled to begin January 28 in Columbia County Superior Court. Shuba is charged with first degree murder and has en- tered a plea of justifiable homicide by reason of self defense.

Defense attorney Dale Slack has hired expert wit- ness Dr. Mark B. Whitehill, a forensic psychologist from Lakewood, Wash., who ex- amined Shuba and will tes- tify on his behalf. According to documents filed with Superior Court, Dr. White- hill is expected to claim that "the defendant, because of his mental state, reasonably believed that he was in im- minent danger of death or serious bodily harm."

In an interview, Slack said that Dr. Whitehill's testimony will show that, be- cause of a history of psycho- logical abuse, Shuba feared for his life at the time of the shooting.

"The expert's job will be to explain to the jury what was going on in Shuba's mind when he reacted to the circumstances," said Slack.

Columbia County Prosecutor Rea Culwell has also hired an expert witness who was scheduled to interview Shuba on January 14. On January 16, a pretrial hearing will be held before Superior Court Judge William Acey.

Culwell said she feels the expert testimony will show that Shuba's state of mind at the time of the shooting did not rise to the level self defense.

Slack said that, besides Dr. Whitehill's testimony, his defense will likely also include testimony from the Shuba's grown son and daughter. He said they will shed light their parents' re- lationship and their father's mental state. "They are fully in support of their father," Slack said.

The Shubas moved to Dayton from California in 2009 and lived on South Third Street. Both were on disability.

On the evening of April 29 last year, just after 9 p.m., Columbia County dispatch received a report of shots fired at the Shuba home. When deputies arrived at the scene, they found Suzanne Shuba dead in the kitchen and they took Joseph Shuba into custody.

During an interview the day after the shooting, Shuba, 59, told sheriff's deputies that he and Suzanne had ar- gued while preparing dinner and that he became "stressed out".

In a report filed by Depu- ty Don Foley, he said, "Shu- ba then told me that all the anxiety and stress exploded inside his brain all at once."

"Nothing could stop me from walking into that bed- room and doing what I did," Shuba told Foley.

According to the report, Shuba said he got a .22 cali- ber pistol from a bedroom, returned to the kitchen and shot Susan in the head. He then shot her a second time after she fell.

Shuba is currently held at the Washington State Penitentiary in Walla Walla on $700,000 bond, pending trial.