Under Cover of the Night

by Diane Fanning

  “No, Jen. Bob has to get up for work early tomorrow morning. I’ll disrupt his sleep. Just go home. I’ll be fine.”

  Reluctantly, Jennifer left the house, apprehensive about her personal safety until she was inside her locked car. She stared at the house for a moment, still worried about her friend—hoping she wasn’t making a huge mistake. Then she backed up and headed home.

  • • •

  After Jennifer had left, Jocelyn looked through all the paperwork and read over the notes Wesley had dictated. She opened the envelope and read the self-serving, manipulative letter from her estranged husband.

  Wesley opened by putting the blame for their drawn-out divorce proceedings entirely on Jocelyn. “From day one I have tried to handle this divorce by asking you to communicate with me and to be reasonable rather than this back and forth nonsense and lawyer posturing,” he wrote. He claimed that she suspected him of hiding assets because of his willingness to pay the bills and deposit his paycheck in their joint accounts through July 2006. He wrote that he’d told Jocelyn’s lawyer, Jennifer Stille, that he “did not want a lawyer and would grant you an uncontested divorce, but she refused to talk to me any longer until I got an attorney,” continuing on to give his opinion that if Stille “was truly representing you, her client, she would have just taken advantage of my naïve approach.”

  He insinuated that it was his lawyer’s fault that things had become so contentious, and that he, Wesley, was trying to protect Jocelyn. “Now my attorney wants to prolong all this stuff by taking a recorded deposition from you, trying to catch you in some lies, et cetera. My attorney has indicated the divorce proceedings may drag out another year. I do not want that, I got protective of you when you were on the stand and he was badgering you. I still continue to hold you in high regard and will not say bad things about you or call you names, despite the financial turmoil I have been in the past year without assistance on the bills. My attorney referred to you as a bitch one time, and it made me mad when he talked about you like that. You are an incredible person.”

  Wesley continued on, despairing about the horrible state of his finances and his fears of losing the house at Smith Mountain Lake because he could not afford the mortgage payments without Jocelyn’s income. He told her that his father was likely to sue her for half of the money they owed him, then complained about the poor state of the housing market at that time that made it impossible to sell the lake property without investing thousands more and still running a monumental loss of the investment. Wesley suggested that she allow someone else take over her half of the mortgage in partnership with him. He wrote that in exchange, he would sign over the Pine Bluff house to her with no strings attached.

  But Jocelyn knew under the kind words and faux consideration, there lurked a sinister desire to control her and bend her to his will. She was aware that most of his words were lies with a candy coating of truth. She was determined not to let her fear of him make her back down.

  SIXTEEN

  Wesley Earnest called Bob Kerns the following morning, a Saturday, and invited him to breakfast in Lynchburg. Though obviously both well aware of what had gone down the night before, after ordering their meals the men caught up on everything that had happened since they’d last seen each other several months earlier without touching on the events of the previous night. Then Wesley shared his concerns regarding the financial difficulties he and Jocelyn were experiencing.

  Wesley admitted that he had taken things out of Jocelyn’s home on Pine Bluff, but explained that it was because, between the mortgage on the lake house and other financial obligations, he was financially strapped and needed to sell those items to be able to make ends meet.

  Bob played the role of supportive friend and asked questions in hopes of being able to give him some advice that might defuse the situation. Wesley said that he was very concerned that his credit rating was being trashed. “Would you talk to Jocelyn about the selling of the lake house? If we have to sell it quickly, we stand to lose quite a bit of money. If we’re smart about this, and wait until the market improves, we could both come out a lot better off financially.”

  When Bob asked why he was talking to him instead of Jocelyn, Wesley said, “I’m not really able to speak to her about these matters.”

  The conversation did not ease the anxiety Bob had had since the events of the night before. He returned home still concerned about the personal safety of both Jocelyn and his wife.

  • • •

  Jocelyn and her sister, Laura Rogers, traveled to Little Rock, Arkansas, to surprise their father for his sixtieth birthday on April 1, 2007. They stayed for a week and had a wonderful time together. They took a day trip down to Crater of Diamonds State Park in Murfreesboro, where they scoured a plowed field hunting for diamonds in all colors of the rainbow. Then they went to Mount Ida, the “Quartz Crystal Capital of the World,” and dug for them, too.

  • • •

  In June 2007, Wesley met Realtor Johnny Maddox with Country & Mountain Realty. Wesley wanted land, a big chunk of it that was valued higher than the lake house. Johnny told him about a 362-acre tract and Wesley was interested. He wanted to trade the lake house for it. The owner, however, was not interested. On June 15, Wesley signed a document granting a six-month authorization to Johnny to sell the lake house for $2,150,000.

  • • •

  In late August, Jocelyn arrived at her therapist Susan Roehrich’s office in a state of anger and fear. She pulled out the timeline written on oversized butcher-block paper and pointed out a few entries she was certain had been added to the document by Wesley. She didn’t know when he’d entered her home and written on her timeline, but the fact that he’d done so made her very frightened. As she and the therapist went through it, they bracketed the questionable lines.

  In 1995: “kept telling Wes, to sleep with someone else and come home to me.” Two years later: “kept telling Wes, I don’t want to be with you ‘sexually.’” In 2001: “very understanding husband with me spending late hours at work.” In 2005: “Wes kept trying to talk to me, but I just shut him out.” The next year: “Wes wants another opportunity to make a great marriage, but thinks it’s highly unlikely because Jocelyn’s family has too much influence on her and they never truly embraced Wes.” The final entry: “Wes’s mother was left out of the loop.”

  • • •

  Throughout the fall, Jocelyn played volleyball with Jennifer every Friday night and had dinners at the Kernses’ home now and then. She was looking forward to moving on with her life and leaving Wesley behind.

  In October 2007, Laura and Jocelyn went to the Virginia Wine and Garlic Festival at Rebec Vineyards and Winery in Amherst. While they were gone, Jocelyn’s co-worker Maysa Munsey got busy baking ziti and other goodies for a surprise “In Two Years She’ll Be Forty” birthday party. Jocelyn’s dad, Bill, had wanted to visit her around her birthday, but his plans had to be scrapped, and he looked forward to seeing both of his daughters at Christmastime.

  That November, Jennifer’s five-year-old son, Joseph, had a sleepover at Jocelyn’s for the first time. They ate popcorn, watched movies, and played video games in the basement rec room.

  As usual when Thanksgiving rolled around, Jocelyn traveled to West Virginia for the family feast and Black Friday shopping blowout with her sister and mother. But on Thanksgiving night, November 22, Jocelyn received a phone call from her security company—her alarm had signaled. She called Jennifer Kerns, who went over to Jocelyn’s home and walked through the entire house but saw nothing amiss. All was well, but the peace of the holiday had been shattered for both women.

  Two weeks later, on December 7, Jennifer rode with Jocelyn to their weekly volleyball game. Jocelyn was jazzed about the terrific gifts she’d found in West Virginia for Jennifer’s kids. They made plans to have their Christmas celebration together after Jocelyn returned from her yearly family visit.

  T
he next weekend, Jocelyn and Maysa drove three and a half hours up to West Virginia to deliver Jocelyn’s mother Joyce’s Christmas gift, a bedroom suite. Joyce said Jocelyn was really excited about giving her the gift. “We were always into the holidays and shopping,” Joyce recalled. “She was upbeat and happy. So when I told her about the ice storm coming to West Virginia, she said, ‘Well, that’s okay, Mom, because I’ve got a few more things I need to do.’”

  Jocelyn and Maysa left midday Saturday, planning to do some more Christmas shopping along the way, keeping an eye on the weather as they did.

  That Sunday, Jocelyn went shopping again, this time with Marcy Shepherd. They went to Sam’s Club, where Jocelyn picked up Christmas presents for her team at Genworth and more gifts for Jennifer’s kids, and made plans to get together again on the following Wednesday.

  That Monday, December 17, 2007, Jocelyn called her mother to ask if she really did like her Christmas gift. Jocelyn was bubbly, laughing, and very upbeat. She was looking forward to having time off work to relax. They talked about plans to make cookies, play cards together, and enjoy the time with family. Jocelyn was doing some cooking to bring to the celebration and planned to bring her gifts and everything she needed to wrap them to her mother’s house.

  After talking to Joyce, Jocelyn called Jennifer to discuss getting together to make cookies before she left for West Virginia.

  But it was not to be. Someone was determined that Jocelyn would not see another Christmas.

  SEVENTEEN

  On Monday, December 17, 2007, Wesley Earnest asked to borrow David Hall’s truck in order to move some furniture. He drove off from school in Dave’s maroon Chevrolet Silverado, while Dave took Wesley’s silver Honda Accord home from school. The next day, Wesley submitted an online application to the University of Alaska for a job as an IT professional.

  • • •

  The team Jocelyn Earnest supervised had a Christmas dinner party Tuesday night at Logan’s Roadhouse. Jocelyn worked a little late, but arrived by six, looking happy in a pink sweater. She interrupted the ordering of meals to announce, “Everything is on me.”

  The next day, Wednesday, December 19, was a busy one for Jocelyn. She went to work at 7:30 A.M. and met Maysa Munsey. Maysa had been charged with misdemeanor identity theft after using the social security number of a co-worker (who was dating Maysa’s ex-husband) to have the other woman’s utilities turned off when she was out of town.

  Maysa and Jocelyn drove up to the Amherst County Sheriff’s Office to resolve the matter and were back at Genworth by ten thirty. Jocelyn had several meetings in the afternoon, but she laughed and giggled with co-workers and was obviously in a happy mood, looking forward to seeing her family and still excited about her new position in the Corporate Frauds Division, and her increased six-figure salary.

  At the end of the day, Jocelyn and colleague Shari Irving were working on a project that needed to be completed. They gathered documents and worked on other preparations for the report that was due. When Jocelyn had to leave for a six o’clock appointment with her counselor, she asked Shari, “Can you stay and finish so we’re ready first thing in the morning to finalize the work?”

  Shari said that she would.

  “I’m sorry that I have to leave you here working on it by yourself. If you need anything, let me know. I’ll meet with you as soon as I get in tomorrow morning. Be careful and have a good night.”

  Just before seven o’clock, Jocelyn got an email from Shari about approving overtime hours, which she responded to in the affirmative shortly before seven thirty.

  Susan Roehrich was pleased with her patient’s good mood and positive attitude—she’d seen such a change in Jocelyn since she’d accepted that her marriage was over. Afterward, they chatted for a few minutes about their holiday plans. Jocelyn then drove home expecting to see Marcy Shepherd that evening.

  • • •

  Wesley had a busy week, too. On Tuesday night, he stayed at the school late supervising the high school basketball game. On Wednesday, December 19, he roamed the halls monitoring student behavior, managing the crowds, and checking in with the four security guards scattered through the school.

  Al Ragas, in charge of technical support at the high school, talked to Wesley around three thirty that afternoon about suspending a student’s privileges for violating the usage policies on school computers. When they finished talking, Wesley got into David Hall’s truck and drove west.

  • • •

  Law enforcement believed that Jocelyn entered her home around seven thirty, dropped down the duffle bag she used as a briefcase by a chair, turned off the alarm, and let her dog, Rufus, outside.

  Forensics indicated that Jocelyn was running away from her killer at the moment the trigger on the .357 was pulled, firing the fatal shot. Her death was virtually instantaneous. Her body crumpled to the floor, landing on the side.

  Her killer turned her on her back and dragged her inert body two feet, then cleaned off the murder weapon and laid it on her body before dropping the prepared “suicide note” on the floor.

  Before leaving, her killer crated Rufus and then turned the thermostat up to its highest setting—ninety degrees—presuming that the excessive heat would make it difficult to determine the time of death (and obviously giving little or no thought to the stressful effect that elevated temperature would have on Rufus), then left the house, locking the door.

  Jocelyn lay on the floor of her home while friends grew concerned about her lack of response to messages. Marcy Shepherd was worried enough that she drove to Jocelyn’s house looking for her.

  But no one answered her knock on the door.

  EIGHTEEN

  Wesley Earnest appeared before Judge Phillip Wallace for his preliminary hearing on April 21, 2008. The prosecution accused Wesley of ambushing his estranged wife, Jocelyn Earnest, when she’d arrived home on the night of December 19, 2007. They introduced evidence that the fingerprints on the note recovered at the scene matched Wesley’s, not Jocelyn’s, and that although she had two printers in her home, neither one was hooked up to a computer. “That’s not a suicide note. It’s a homicide note.”

  Investigator Mike Mayhew read from Jocelyn’s journal, citing the line about her “cheating husband” and other passages that indicated her fear of Wesley. Additionally, he presented the box for the snub nose .357 caliber revolver that shot the victim and told the judge that it had been found in the search of Shameka’s home.

  The medical examiner informed the court that it was not likely a suicide because of the distance that the gun had to be from Jocelyn’s head when it was fired. Jocelyn’s therapist, Susan Roehrich, testified that on the day of her death, Jocelyn was “very positive,” “upbeat,” and “not suicidal.”

  In an effort to end the case right there, the defense argued that Wesley had given the weapon to Jocelyn for her protection and had simply held on to the box. They also contended that since the note mentioned their client, it was illogical to believe he killed her, since a murderer would not name himself in a fabricated suicide message. The defense also said that if they went to trial, they would contest the fingerprint identification because they were only partial prints and, therefore, not definitive.

  The judge, however, found probable cause that Wesley Earnest had murdered his wife, and he sent the case to the grand jury. He denied the defense’s request for bond, and Wesley was sent back behind bars.

  • • •

  Investigator Gary Babb drove into Lynchburg to interview Shameka Wright’s parents. All along the way, he debated whether or not to mention something about Wesley that had been uncovered when he went to jail. He decided that for Shameka’s sake, he had to do so.

  Babb asked first what the Wrights thought about the possibility that Wesley had killed his wife, and both of Shameka’s parents were certain that Wesley was not capable of doing that. Then, he got to the po
int he’d worried about on the drive. “Did Shameka ever say anything about an STD—sexually transmitted disease?”

  Shameka’s mother instantly got defensive. “My children are adults and I don’t discuss their sex life with them. You are just trying to drive a wedge in our family.”

  Unperturbed, Babb said, “Wesley has herpes and I think Shameka should know.”

  • • •

  When they interviewed Shameka, she asked more questions of the investigators than they asked her. They also wondered about the possibility that Shameka had been involved but decided that although they believed Wesley had been planning the murder since the February incident that Babb called his “Ninja Night,” they didn’t think his girlfriend had any knowledge before it happened.

  She struck the investigators as being a little arrogant. Her experience with the Lynchburg Police Department was evident. She wanted to know about fingerprints, DNA, tire track impressions, and all sorts of forensic evidence. She obviously did not want to give any more information than necessary, answering most questions with nothing more than “yes” or “no.” It was easy to tell when she did not want to answer a question because her head immediately swiveled to her attorney.

  • • •

  On May 6, 2008, the grand jury met and delivered a murder indictment against Wesley Earnest. The trial was set to begin on July 29, but no one really expected it would begin then.

  At the end of the month, at a bond hearing, Wesley admitted to having replaced all four tires on Dave Hall’s truck, but said he did not recall using the name “Tom Dunbar” when he made the purchase. Bedford Circuit Court judge James Updike set Wesley’s bond at $200,000 cash or $400,000 in real estate. He prohibited the defendant from leaving the state, contacting the victim’s immediate family, co-workers, or friends, or setting foot on any property belonging to the Chesapeake Public Schools system. Wesley walked out of the Bedford County facility on June 5.