JEFFERSONVILLE, IN (WAVE) - The people deciding his guilt or innocence got to hear from Dale Bagshaw himself in day two of his murder trial. It came in the form of a 911 call he made after police said he stabbed his wife to death.
Dale Bagshaw told dispatchers his wife came over to his apartment On 10th Street in Jeffersonville, started stuff and he told them he cut her all over after a fight and he thought he killed her.
The last pictures of Kelly Bagshaw taken before her death are far from the ones her estranged husband and jurors saw in day two of his murder trial. Dale Bagshaw cried uncontrollably after seeing her autopsy photos.
He and everyone else in the courtroom also learned from medical examiner Dr. Amy Beckham that Kelly Bagshaw was actually stabbed 57 times, not the 43 said in opening statements a day earlier. "I just hope he gets what he deserves and murder one is what we want," said Kelly's former guardian Shelly Gaines.
Dr. Beckham said the specific cause of death to Kelly Bagshaw was a cut on her neck that went half way through the jugular vein. She told jurors Kelly bled to death.
Dale Bagshaw's attorney Perry McCall said the stabbing happened during a fight in the parking lot at his Jeffersonville apartment back in November 2011.
McCall said what happened falls under Indiana's law of sudden heat. The medical examiner said the stab wounds all over the body, including 19 on her face, indicated a crime of passion. "She noted about the injuries about the neck about the face about the chest area were what she had seen in the past were crimes of passion which is sudden heat or similar thing that we have in Indiana."
The state argued Kelly's death is missing one factor to that law. "Legally in the state of Indiana there has to be provocation by the victim," explained Clark County Chief Deputy Prosecutor Jeremy Mull. "In this case the victim did not provoke him at all 10.50.11 in fact she tried to remain in her car and not go into her apartment and have the kids go down to her. He refused to abide by her wishes and murdered her instead."
Police officers who responded to the stabbing told jurors about the couple's children, a 2-year old who was inside at the time eating ice cream and a 6-year-old who was looking at her mother in a pool of blood from the apartment window.
Dale Bagshaw is facing up to 65 years in prison if convicted of murder.
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725 S. Floyd Street
Louisville, KY 40203