However, no matter which house he stayed in, one thing remained constant: Trey Zwicker was a fantastic son and a caring big brother. He was a hard-working boy who balanced his schooling and a part-time job. Most surely he would have gone on to do great things with his life. Unfortunately, his short life was ended by a monster who crept into the life of his family and took their precious boy away from them.
Chapter 3
Big Josh
Joshua Gouker was born on August 5, 1979, to a seventeen-year-old single mother. His mother, Ruby Jessie, was an outspoken woman and Gouker’s beginnings were not storybook. The rumor was that Gouker was a product of rape. He later asserted that his maternal uncle raped his mother when she was just a teenager and that her pregnancy with Gouker resulted from that rape. Others have named other men as his father, so there is some ambiguity about Gouker’s paternal lineage. Most likely Gouker was not the product of rape. He probably just concocted that story at a time in his life when he told it to garner some type of sympathy. It was this story of his lineage that he revealed to a neuropsychologist who evaluated him for competency in a criminal court case when he reached adulthood.1
Garnering sympathy and convincing others to do his bidding was something Gouker was skilled at doing and from an early age he was adept at manipulating his mother into bowing to his every whim, even though life was tough for the young woman. Despite the trying times in her life, no one ever called Ruby Jessie timid and she never shied away from speaking her mind. When Gouker was a baby she still enjoyed spending time with friends. She tried her best to balance all of the responsibilities in her life. She was a petite, attractive brunette but didn’t hesitate to cuss like a sailor if someone crossed her. She liked to party and was not perfect but she tried hard.
Ruby loved her son and never hesitated to show it. Her conversations with Gouker, as a boy and later a grown man, always ended with “I love you.” She did her best to raise him on her own in those early years. Parenting Gouker was not easy, especially for an ill-equipped young mother who lacked strong role models and a support system. As a child, Gouker was plagued by learning disabilities and displayed a severe reading difficulty. He failed out of two years of school and was required to repeat both the first and sixth grade levels. He alleged that he had been molested by a teenaged relative at a young age.
When Josh Gouker was still a child, Ruby married Gouker’s stepfather, who quickly became an important part of the boy’s life. Gouker’s stepfather was a Pentecostal preacher who tried hard to set a good example for his stepson. Eventually he adopted Gouker and he attempted to provide a home for him. After Ruby married Gouker’s stepfather, who was born in Michigan, he thought it would be best to relocate the family from Louisville, Kentucky to the state of his youth. Gouker began to show alarming signs of troubled behavior after the move, at a very early age.
Shortly after the abuse began, Gouker was hospitalized in Michigan. He had begun hurting and killing animals in his neighborhood. When pets went missing, Gouker was often to blame. Ruby and her husband were understandably concerned and sought help for their son via hospitalization for the first time when he was seven years old. The short stint at the hospital appeared to help the boy and he was released to the care of his parents. They hoped that professional help would put Gouker on the right path and keep him from his previous violent behavior. However, young Gouker continued to struggle with criminal issues throughout his childhood. It probably did not help that some of the adults around him used recreational drugs and that the substances were readily available to the young child.
By the age of nine, Gouker was again hospitalized, this time for setting fire to a house. According to some mental health professionals, many sociopaths demonstrate two distinct behaviors and compulsions as children: arson and animal abuse.2 Gouker admittedly partook in both pastimes from a very early age. As an adult, he would acknowledge homicidal tendencies dating back to his early childhood years. He wanted to know what it would feel like to kill someone and he often fantasized about how he would do it.3
When Gouker was a preteen, the family returned to Louisville and he settled back onto his old street. His parents hoped that a change of scenery would help to alleviate his problems. He had begun to act out in Michigan on a larger scale and his behavior was worsening.
By the time Gouker turned fifteen, he was more than his mother could handle. Psychiatrists diagnosed Gouker with schizophrenia and prescribed a host of medications to him. The problem was that Gouker refused to comply with the medication regimen for any extended period of time. He claimed that the medications were like a “kick in the face” and that they prevented him from thinking clearly and feeling like himself. So Gouker continued to act out, defy authority and demonstrate violent outbursts. His mother didn’t know what to do with him, so she just let Gouker be Gouker. He started to rage out of control even more so than in the past, so Ruby just let him run the streets. She loved her son, but she could no longer control him.
During these teenage years, Gouker spent a lot of his time with guys in the neighborhood, with Amanda McFarland as they dated “on and off” and with a female cousin his own age.
Gouker had an innate ability to read people and he could be the most charismatic guy in the room if he thought it would benefit him. People who only knew him casually liked him. He was gregarious, humorous and could even be fun to spend time with.
However, once an acquaintance scratched the surface, it was clear that Gouker cared only about himself and he was not above using violence and coercion to get what he wanted. For that reason, after reaching adulthood, Gouker quickly amassed a variety of violent criminal charges and became a frequent visitor to Louisville Metro Corrections, the jail in Jefferson County, Kentucky. It was Gouker’s various girlfriends who were most likely to witness his violent streak, especially in the event that they decided to end a relationship with him.
Nancy, a former girlfriend of Gouker, knew this all too well. In July 2001, Gouker was twenty years old and had dated her for a period of time. They ended the relationship and, as always, Gouker was not happy when any of his girlfriends moved on to other relationships. Nancy was talking to another man when Gouker spotted her one day. Gouker went ballistic. He directed Nancy to get into his vehicle and she refused. He asked again and, though scared of what he would do, she still refused.
Immediately, Gouker began to hurl menacing words at her. He threatened to kill her and her family. He screamed that he would murder the man to whom she was speaking. Nancy was terrified. During their short relationship, she saw exactly what Gouker was capable of. He was a bully and would stop at nothing to get what he wanted, never mind that he always had several girls he was seeing at the same time. Even once they were no longer in a relationship, he tried to keep her from moving on. He was completely unpredictable and violent and she couldn’t take the chance that her next encounter with him would involve more than words. He was quite capable of carrying out his threats.4
She immediately filed a criminal report of his actions and prosecutors filed charges against Gouker. A warrant was issued for his arrest. Police located and arrested him on that warrant and the case proceeded to court. In the end, Gouker pled guilty to one count of terroristic threatening third degree, a Class A misdemeanor that carried a penalty of up to twelve months in jail. By the time Gouker was offered a plea bargain in the case, he had served fifty days in custody. Prosecutors agreed to offer a sentence of three hundred and sixty-five days, of which Gouker would serve one hundred and seventy-five days. The balance of his sentence would be probated for a period of two years and he would receive credit for the fifty days that he had already served.
It was less than a year later that Gouker committed his next serious violation of the criminal code. By that time, Gouker was living in a section of Louisville known as Germantown. The neighborhood was working class and was decorated with countless corner pubs and restaurants that were neighborhood-friendly. Gouker’s neighbors were go
od, hardworking people and there was a sense of community pride in the area. The neighborhood was only minutes from the University of Louisville and in addition to the many families that lived there, college students often rented the smaller houses and apartments that dotted the streets.
One of Gouker’s favorite pastimes during this period of his life was kicking back with a beer at a nearby mom-and-pop pub that catered to the local crew. On any given day, several regulars filled the barstools and tables there. Most importantly for Gouker, it was within walking distance of his address. He did not have reliable transportation, so he frequented bars near his home.
It was just after three o’clock in the morning when Gouker, who was settled into his usual spot at the tavern, started getting rowdy. He had recently acquired a cigarette lighter that was designed to look like a pistol and had tucked it into the hip pocket of his jeans. Gouker clearly wanted to portray himself as dangerous. He didn’t have an actual gun with him that evening but was acting as though he did as a means to intimidate those around him. Someone at the tavern became nervous at the sight of the tattooed twenty-something seated at the bar with what appeared to be a weapon, so that person contacted police. Just a few minutes later, an officer arrived on scene to investigate. Patrons of the bar were quick to point toward Gouker and the officer calmly approached and advised him that he had received a complaint and needed to further investigate the matter. As he strode up to the bulky man at the bar, the officer began to speak.
“Keep your hands on the tabletop, sir. We received a complaint that you may have a weapon. I just need to detain you for a minute to determine what is going on, okay?” Gouker placed his hands on the top of the bar and leaned forward without a word. The officer reached out toward Gouker’s pocket to retrieve what he believed was the butt of a weapon. In an instant, Gouker spun around, liquor heavy on his breath and shoved the officer backward, sending him flying.5
Catching himself, the officer reached out, twisting Gouker around in an attempt to place handcuffs on him and Gouker continued to twist and buck him off. Several patrons sprung forward in an attempt to aid the officer in the tussle.
“Stop resisting, sir. You are under arrest!” the officer commanded, winded from the struggle.
Gouker continued to jerk his hands away from the officer and the policeman stuck out his foot, sweeping Gouker’s legs out from under him and forcing Gouker to the floor. Even as he lay there, Gouker continued to scream obscenities at the officer as he struck out with his fist again and again, trying to throw the officer off balance.6
Finally, with the aid of several bar patrons, the policeman got Gouker under control and slipped handcuffs onto his wrists. By this point, other officers had arrived at the melee and Gouker was placed under arrest and transported to Louisville Metro Corrections. The first responding officer suffered injuries to his right pinkie finger and his left ribcage in the altercation and he charged Gouker with assault in the third degree (assault on a police officer or other select law enforcement personnel). That crime is punishable by one to five years in prison in Kentucky and it is a felony offense. The charge against Gouker was based on subsection 1(a)(1) of the statute:
1)A person is guilty of assault in the third degree when the actor:
(a)Recklessly, with a deadly weapon or dangerous instrument, or intentionally causes or attempts to cause physical injury to:
1.A state, county, city, or federal peace officer.7
Authorities also charged Gouker with the misdemeanor offenses of resisting arrest and disorderly conduct.
When a person is charged with a felony offense in Kentucky, the case generally starts in district court. After the defendant’s arrest, he is brought before a judge and that judge sets bond which the defendant must post before he is released. From that point, a defendant is entitled to a preliminary hearing within ten days if he is in custody and within twenty days if he is out on bond. The purpose of the preliminary hearing is for the judge to hear the Commonwealth’s initial proof in the matter. Specifically, the prosecution must show that probable cause exists for the charges. The district court has jurisdiction in felony cases only to set bond and hold preliminary hearings.
Probable cause is a low standard. Generally, the Commonwealth needs only to show that it is more likely than not that the crime occurred. After hearing the evidence, the judge makes a finding regarding probable cause. If the judge finds that the Commonwealth has met the probable cause threshold, the case is waived to the Grand Jury. The judge’s other alternatives are dismissing the case without prejudice, meaning that the Commonwealth can still proceed with the case at the grand jury level, or the judge can amend the matter to a misdemeanor-level offense if that type of charge is more appropriate in light of the preliminary hearing.
Once a case goes to the grand jury, a person may be held in custody for up to sixty days pending indictment. If the defendant is not indicted within sixty days, he must be released from custody if incarcerated, or his bail must be exonerated if he has been released on bond. Once the grand jury hears the matter, that panel will decide whether to indict. If an indictment is secured, the case proceeds in circuit court.
In a felony case in Kentucky, circuit court is where the action happens. Once a felony case is indicted, the actual casework begins. The Commonwealth must provide its evidence or “discovery” to defense counsel and, after both sides have prepared their cases, the circuit courtroom is where the trial occurs. Josh Gouker’s assault third degree case was waived to the grand jury in 2002, shortly after the officer initiated the charges. Gouker was facing up to five years in the penitentiary, but that didn’t stop him from committing more acts of violence. He was able to make bond while awaiting trial and continued his crime spree.
During the early morning hours of October 1, 2002, Gouker once again appeared to have a craving for a night of booze and boasting and he decided to visit another local establishment located in the Germantown neighborhood where he had gotten into trouble previously. This time, the night would go far worse for Gouker and the unsuspecting patrons at the bar.
By now, Gouker had moved back to his old childhood street, so the restaurant was beyond walking distance. He managed to gain a ride there but did not have a ride home. Gouker made himself comfortable at the bar and struck up a conversation with an older gentleman, seventy-one-year-old David, who was also drinking alone. After several hours of drinking and engaging in small talk at the bar, Gouker mentioned he did not have a ride back to his house and the man offered to drive Gouker home in his car.
Late in the evening, as the car crept along on its way out of Germantown, the two men began to argue. Gouker had been drinking heavily and was his usual belligerent self. David must have started to realize that he should never have agreed to give the stranger a ride. As he pulled the car to an abrupt stop, David ordered Gouker to exit the vehicle and refused to take him any further.8
It happened in an instant. Gouker lunged across the middle of the car and wrapped his hands around the older man’s neck, squeezing tighter and tighter as the elderly man frantically dug his fingers into Gouker’s hands in a desperate attempt to pry him away. His face reddened as he felt the pressure tighten. He gasped for breath as he felt Gouker loosen his grip. Stunned, David brought his hands to his face and bent over in agony as his chest heaved.
He didn’t notice at first that Gouker had slid into the back seat of the vehicle and positioned himself directly behind the driver’s seat where David sat gasping for breath. Gouker reached around the seat, placing one arm again around his victim’s neck while he used his free hand to undo the man’s belt and slide it from its belt loops. He jerked the belt into the back seat and proceeded to loop it around David’s neck, pulling it tightly as he braced himself against the back of the front seat.
Again, David clawed at his neck, trying desperately to loosen the belt from his windpipe. He kicked and squirmed, gasping for breath and constrained by the steering wheel. He felt Gouker land blow after
blow to the right side of his face from behind and finally sink his teeth into his right ear as they struggled.
At that time, a woman was walking by the vehicle and she noticed the commotion inside. She rushed toward the vehicle just as the driver’s door swung open and Gouker pushed David out and onto the concrete. The elderly man’s battered body lay sideways next to the car and she bent forward and helped him to his feet just as Gouker clambered into the front seat of the car and sped away with tires squealing.9
The woman wasted no time in helping the gentleman out of the street and contacting police. Dispatchers immediately sent officers to the scene and issued a “be on the lookout” alert for the vehicle. Officers arrived quickly and began their search for the thug who had beaten and robbed the elderly gentlemen. As two of the officers drove through the streets of Germantown, they kept their eyes peeled for the car. They eventually noticed it in a driveway on a quiet residential side street just a few miles from the scene of the attack. The driver had backed the car into the driveway in an attempt to hide the license plate and avoid detection.
As their police cruiser slowed in front of the home and came to a stop, Gouker sprang from the front seat of the vehicle and took off through the backyard. The officers dashed after Gouker. However, he was able to elude them, at least initially. Only two streets over from the excitement sat homes worth upward of half a million dollars and a prestigious country club was only a brisk walk from the area. The last thing any of these neighbors would expect to see in the late night or early morning hours was a tattooed convict crouched behind their rose bushes. Yet there he was, hiding in the shadows, desperately hoping that the police would not locate him.
Officers fanned out over the neighborhood. The older gentleman Gouker had attacked was lucky to be alive. Law enforcement knew they were dealing with a dangerous man and they needed to find him as quickly as possible. Movement caught their attention as Gouker, feeling the police were too close for comfort, jumped from his hiding spot and sprinted away again. This time, he was not fast enough and after a short foot pursuit, officers were able to catch him.10
Accused Page 3