Day two of trial: defense attorney says Trott not guilty of murder

Defense Attorney Joseph McCarville, of Fort Dodge, said Tuesday morning that Corey Trott, may have committed a crime, but it was not first-degree murder.

Trott has been charged with shooting and killing Rockwell City Police Officer Jamie Buenting in the early morning hours of Sept. 13, 2013 while Buenting and a team of officers were attempting to arrest the Rockwell City man.

In his opening statement, McCarville said that it was not first-degree murder because Trott’s actions were not pre-meditated and he did not act “with willful intent” to kill the officer.

On the evening of September 12, 2013 when officers arrived at 502 Pleasant Street in Rockwell City, they began their attempts to make contact with the house.

Trott lived alone at the residence, a rental property owned by his parents.

After numerous failed attempts to make contact with the defendant, a four-man team who is part of a special unit, the Webster City Special Emergency Response Team (SERT), was eventually deployed to take action.

The four-man team included Officer Don McLarin, Roger Porter of the Fort Dodge Police Department, Buenting and Luke Fleener of the Webster County Sheriff’s Office.

When asked about why there was need for the SERT team, Shane Voith, of the Calhoun County Sheriff’s Department and also a member of SERT, said they were called upon because this was considered a high risk situation.

“We (which Voith later clarified to mean the local law enforcement) felt that would be a safer way to bring it to a safer conclusion picking him up,” he explained.

The team’s plan was to each breach a window of the house using a device that would also allow them to pull down the curtains in those windows.

They approached and breached these windows for two reasons.

The first was to establish a sightline into the house.

The second reason was to continue their efforts in establishing contact with the defendant.

The two pairs broke the windows, Buenting with Fleener backing him up first then Porter with McLarin backing him up.

As soon as Buenting pulled away the curtain, there was a muzzle flash and a loud bang, according to Fleener.

Then, Buenting went down. He had been shot.

But Fleener’s response was not fire in response to that shot, later revealed to have come from a bolt-action rifle.

“Not having a sight picture, I had nothing to fire at,” he said.

Buenting was carried to safety by a rescue team, but he did not survive long after the shot around 1:40 a.m. on September 13.

The one shot hit him in the throat region.

For the next four hours, Trott remained in his basement, with his loaded rifle and about 20 rounds in his pocket.

Around 5:25 a.m. on Sept. 13, 2013, Trott later told Special Agent Jon Turbett, of the Iowa Division of Criminal Investigation, in an interview, he decided to surrender.

Trott was apprehended and taken to the Sac County Jail.

There Turbett’s interview with him revealed all the details of the incident and how Trott believes the situation got to that point.

Brown played the entire approximately two-hour interview for the jury.

Trott claims law enforcement “monk-eyed around with him” and caused him a great deal of grief over the years.

In his mind, Trott also said he believes that people in the town used the police to basically “get rid of” him and his parents.

When asked about his intent behind taking the shot, Trott called it “playing defense.”

“It was basically to keep them off that window,” he said, referring to the one Buenting breached before Trott fired the round.

Turbett would later inform Trott that it was Buenting who died, and asked what he would say to the family if they were here today.

Trott responded that he would say nothing to them.

“I don’t have any regrets about taking that shot,” he added.

The third day of the trial begins today at 9 a.m.