I wasn’t able to attend the preliminary hearing for the horrific home invasion murder of Carlsbad resident Marjorie Gawitt, but I’ve pulled together some details of that day.
As I previously wrote, she lived in my neighborhood and her death shook the community. We weren’t close friends, but had I had been invited to a couple of parties that she also attended and we briefly chatted. https://enchantedseashells.com/2019/03/11/not-in-carlsbad-home-invasion-and-murder/
The defendants, both transients, were arrested in a known homeless encampment near Agua Hedionda Lagoon, not far from the scene of the home invasion, hours after the attack, and blocks away from where I live.
Initially, at the arraignment on March 13, the prosecutor testified that she was stabbed about fifty times.
However, the murder was even more brutal than originally reported. The autopsy of Marj Gawitt indicated she suffered 142 knife wounds.
142 knife wounds. Let that sink in for a few minutes…
Leslie Anderson, a forensic pathology fellow with the San Diego County Medical Examiner’s Office, said Marjorie Gawitt had 142 knife wounds, including 95 deep stabs, on her body and head from a March 11 attack in her home on Outrigger Lane.
Prosecutors in the March 13 arraignment for defendants Ian Bushee, 37, and Malissa James, 26, had said Gawitt had up to 50 knife wounds, causing people in the courtroom to gasp.
During a preliminary hearing Thursday, Anderson said the wounds were so extensive that the autopsy took two days to conduct, while most take one.
The attack itself was forceful, according to Anderson, who said one facial stab knocked a cap from one of Gawitt’s teeth. Some stabs were made so violently that they penetrated four inches deep, although the knife believed to be the weapon was only three inches, she said.
At the end of the two-day hearing Superior Court Judge Brad Weinreb said that there was enough evidence for the defendants to stand trial on charges of murder and special-circumstance allegations that the killing happened during a burglary.
Deputy District Attorney Nicole Rooney argued there was ample evidence, including DNA on the knife, to show James wielded the weapon that killed Gawitt.
James’ attorney, John Patterson, asked the judge to dismiss a charge of torture against his client. The judge declined to do so.
Dan Segura, Bushee’s attorney, argued that there was no evidence that Bushee was with James at the scene of the killing.
Rooney said DNA and other evidence links Bushee to the crime. The prosecutor also said Gawitt used the word “they,” and may have said “people,” when she called 911 to report the attack, indicating there was more than one assailant.
The District Attorney called several witnesses, playing 911 calls and never-before-seen police body camera footage in the courtroom. The 911 call was from the victim, Marjorie Gawitt.
Dispatcher: 911. What’s your emergency?
Marjorie: (inaudible) I’ve been attacked.
That was the beginning of Gawitt’s dying message on the morning of March 11, 2019. The 63-year-old woman was sleeping in her Carlsbad home alone when police said Bushee and James tortured and stabbed her fifty times in the face, neck, and back.
Dispatcher: We’ve got help sent out to you, Marjorie. Who did this?
Marjorie: I don’t know.
It took everything Gawitt had left in her to make that 911 call. The call was so tragic, officers testifying on the stand became choked up while listening to Gawitt’s voice. Because of her final act of courage, Officer Randy Noa found her minutes later, still alive. On his body camera video, you can hear him trying to speak to Gawitt.
“You okay ma’am? Oh. Ma’am. Is he still in here or did he leave? (PAUSE) I can’t hear you, ma’am,” Officer Noa said, breathing heavily.
“It looked like she was trying to say to me that he was gone. But it was hard,” Officer Not testified inside the courtroom.
The District Attorney also played a second body camera video, worn by Officer Derek Harvey. On it, you can hear him trying to console the victim.
“Ma’am, you’re going to be okay. The paramedics are going to be here, any second, okay?” Officer Harvey said. Minutes later, Harvey’s camera recorded him finding what looked to be the weapon on the counter.
“Her eyes were clouded, dilated and fixed,” Officer Harvey said. “I knew she was… probably not going to make it.”
Sadly, he was right. Despite the paramedics arriving quickly, Gawitt died at Scripps La Jolla Hospital.
Trying to piece together what evidence they had, police was that the victim’s boyfriend’s car was missing. Hours later, surveillance video captured the stolen car in San Marcos. The suspects were taped walking around near a masonry warehouse and at a 7–11 store. Investigators said the two later ditched the car in San Marcos, and for some reason, ended up back in Carlsbad.
Police said it turns out Gawitt’s home was not the first the pair had ransacked that day.
“I looked up, and I said something is missing here,” neighbor Patricia Gapik said.
That same morning, Gapik noticed her sewing basket and her daughter’s flute were gone. Random items were also scattered near her sliding glass door.
“I then realized that someone was in my house,” Gapik testified. “I was scared.”
Luckily, Gapik was asleep the entire time, and never confronted the burglars. But investigators later found that the two cases were connected. They found some of Gapik’s belongings inside the car left in San Marcos.
According to court documents, the next trial date is scheduled for late December. If I’m in town, I’ll be sure to attend. I feel like I need to know why and how someone could commit just a heinous crime against an innocent woman and maybe I’ll discover some answers to this senseless murder.