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This is the story of two soul mates...
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She was very much looking forward
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to their long and happy life together.
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...who capture their love on camera.
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But when life throws its challenges...
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She was doing everything she could do
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to try to provide support for her family.
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...their marriage reaches breaking point.
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The financial hardships
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was just completely
tearing their marriage apart.
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She said that things
were not good between them.
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She was panicked.
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And the consequences...
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...can be deadly.
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By the time the S.W.A.T. Team
had entered the Shrubbery,
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the shooter had left.
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As soon as I open the picture,
we're all in complete shock.
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August 13, 2011.
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38-year-old Diana Lovejoy poses
by a magnificent waterfall...
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...in big basin redwoods park, California.
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That big smile.
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Diana was the kind of person
that just enjoyed life
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and did just give herself over
to what she was doing.
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Behind the lens is
loving husband Greg Mulvihill.
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It was important for Diana
to capture those moments
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to be able to remember with Greg.
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It's the perfect location for
this adventure-loving couple
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to celebrate their fourth wedding anniversary.
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Greg and Diana met in 2005
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through like an online dating site,
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and they connected very,
very quickly together.
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With their family living hours away,
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Greg quickly becomes
a big part of Diana's life.
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She talked about how she and Greg loved
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doing stuff outdoors together
and how she really loved that.
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Diana has always been
passionate about sports.
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And now in her spare time,
she competes in triathlons.
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She was an elite athlete.
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I went to go watch her compete,
and I was so proud of her.
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Besides their shared
love for the active lifestyle,
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the couple both have successful
jobs in the tech industry
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in San Diego.
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Diana was very good at her job.
She was a great coworker.
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The more I got to know her,
the more I liked her.
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And she was someone that I could count on
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to talk to and to tell things to.
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In 2007, after two years of dating,
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Greg and Diana tie the knot.
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The adventurous couple filmed
their honeymoon in Costa Rica.
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I was very happy for her.
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If this is someone that she
really had fallen in love with,
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he must be a really extraordinary person.
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Was thrilled to have found Greg
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and was very much looking forward to their
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long and happy life together.
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They're captured here
on video attending surf school.
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It looks like Greg is mastering the waves...
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...but Diana seems to be spending
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more time in the water than on the board.
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That is so her, jumping into
the unknown joyously,
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fearlessly, being okay with falling off
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and just kept getting back up.
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But three years later,
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their world is turned upside down
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when Diana is diagnosed with fibromyalgia,
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a condition marked by widespread
muscle pain and chronic fatigue.
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I think it particularly was hard for her
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because she was so active, and
that was very important to her.
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There is no treatment for her condition,
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other than rest and reducing stress.
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It did play a major factor
in the happiness in her life
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and periods of time
where she struggled with that.
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In 2011, Greg arranges this vacation
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in Santa Cruz, California,
to help Diana relax.
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Working as a technical writer
can be very stressful.
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She was very tired and had a lot
of trouble getting enough energy
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to get up and work on a daily basis.
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Diana's health issues force her
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to step away from her high-paying job.
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She spends more time at home, in Carlsbad --
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a quiet seaside suburb north of San Diego.
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In Carlsbad, we have lots of trails, lagoons,
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hills, and areas that are
a little bit more remote.
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They basically found their dream
home, and life was good.
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Despite her illness,
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Diana has hopes for her
and Greg's future together.
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Without relatives close by,
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Diana longs to start her own family.
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She talked a lot about
wanting to become a mother.
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She wanted to have a child that
she could really show love to
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and raise to be
very confident and very happy.
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But for years, the couple has
struggled to have children.
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Unfortunately, Diana did
experience several miscarriages.
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It was difficult for her
physically and emotionally,
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but it was something
that she really, really wanted,
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so she kept trying.
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For the time being,
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the family is made up of them and two cats...
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...Lanny and Turtle,
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who dominate the screen time
in their home videos.
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Diana was a very caring person.
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We had similar outlook on having pets,
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that they're a part of your family
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and that you love them just like you do
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another member of your family.
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When turtle falls ill
and has to be put down,
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loving husband Greg finds a way
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of helping Diana get over her loss.
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Diana names her Taffy.
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Greg is really enjoying
playing with the cat,
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and they're playing with the cat together
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and filming it, and...
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Just a little family.
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Very sweet.
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For Diana, her cats
are the children she's not had.
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Taffy does wonders for Diana's
sense of well-being.
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And that's not all
that's been looking up lately.
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Diana did use her own efforts
at trying to address the pain
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00:09:02,743 --> 00:09:07,453
and address the personal issues
she was having
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with the fibromyalgia.
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While researching her illness,
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Diana discovers a drug called guaifenesin.
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It's mostly used to treat chest infections,
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but some say it can reduce the muscle pain
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associated with fibromyalgia.
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Diana got herself
in a very balanced position
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and feeling like she was
in a good, healthy spot.
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After a few months of using the drug,
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Diana starts to feel better.
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In February 2012, the couple takes
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a much-needed vacation to
Guadalupe and the Caribbean.
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Greg films Diana, who feels well enough
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to go snorkeling in its crystal-clear waters.
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But Greg isn't entirely
sure this miracle drug
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is anything more than a placebo.
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00:10:03,337 --> 00:10:07,467
I do recall that being the case,
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in terms of Greg
being uncomfortable with it.
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However, he's happy that Diana
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is feeling like her
old adventurous self again.
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This vacation feels like the
start of good things to come,
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and it is.
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Diana discovers she's pregnant,
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and in September 2012,
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the couple welcomes
a baby boy into the family.
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Diana was thrilled
to be able to have a baby,
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to carry the baby to term.
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Parenting comes naturally to the couple.
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I always thought that Diana
would make a great mother
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because of her kindness and her sensitivity
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and her caring about other people.
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This little boy will change
their lives forever.
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Seven months after this vacation
in the Caribbean...
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...Diana Lovejoy
and her husband, Greg Mulvihill,
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have finally achieved
their dream -- a baby boy.
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This child was very much wanted,
very much loved.
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I think Greg actually took some
time off from work to stay home
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and take care of the baby
when he was a newborn.
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Diana was very protective of her child,
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and she was very, very caring about him
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being healthy and happy
and secure and confident.
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But Diana fears their son
could suffer, like her,
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from fibromyalgia, which is hard to diagnose.
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Greg isn't convinced, and it causes tension.
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You missed a spot.
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Diana believed that her son had
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some ailments that Greg didn't
necessarily think were there.
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Both parents want the best for their son,
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but the situation is causing
a rift in the couple's marriage.
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Diana was finding ways
to treat these ailments,
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and Greg wasn't necessarily
on board with these treatments.
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Just a bit of light reading?
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Then life throws them a curve ball.
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Greg suffered a shoulder injury,
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and he wasn't able to maintain his job.
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There's less money coming in,
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and it just created
a tremendous amount of stress.
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Diana takes a less-glamorous
sales job to support her family
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and keep the money coming in.
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Hoping for another source of income,
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Diana decides to try her hand at
making an online cookery show.
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Greg works the camera.
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She was doing everything she could do
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to try to provide support for her family.
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The videos are not the culinary sensation
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that Diana had hoped for.
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I mean, this is who she is --
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like, the slightly awkward but
sweet person who means well.
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In another moneymaking venture,
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Diana enters online contests --
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like this one, promoting cat litter.
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For this amateur ad competition,
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Greg even puts the camera down
to star alongside
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a bikini-clad Diana.
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00:14:26,499 --> 00:14:31,039
But it isn't the solution to
the couple's financial troubles.
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They were constantly arguing and
butting heads with each other.
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By the time their son is 2,
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their marriage is at breaking point.
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00:14:41,748 --> 00:14:45,418
She said that things
were not good between them.
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He was not helpful, not supportive.
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The financial hardships
and the inability to co-parent
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was just completely tearing
their marriage apart.
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00:14:56,930 --> 00:15:00,900
Their relationship is going from bad to worse.
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00:15:00,901 --> 00:15:04,041
In July 2014, Greg comes home
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to find a police officer
waiting at their house.
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00:15:08,909 --> 00:15:12,679
Diana alleged that she was
being abused by Greg,
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00:15:12,679 --> 00:15:15,049
and there were several police reports made.
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As a result of the restraining order,
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Greg was removed from the house.
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00:15:19,986 --> 00:15:23,956
Diana stays in the
family home with their son.
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00:15:23,957 --> 00:15:29,757
Diana told me that she felt that
he had raped her in her sleep.
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00:15:29,763 --> 00:15:33,733
Diana was claiming because
of some of the medications,
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00:15:33,733 --> 00:15:37,703
she would be asleep or in a drowsy state,
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and then as she became more aware,
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00:15:41,007 --> 00:15:45,107
she would find Greg
sitting there, literally,
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sexually touching her without
her consent and permission.
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00:15:51,751 --> 00:15:54,821
Diana then makes further allegations
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00:15:54,821 --> 00:15:58,621
about Greg and their son.
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00:15:58,625 --> 00:16:04,455
Diana had alleged that Greg was
sexually abusing their son,
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00:16:04,464 --> 00:16:05,764
which led to police reports
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00:16:05,765 --> 00:16:10,095
and child protective services
to become involved.
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00:16:10,103 --> 00:16:14,243
Diana told me that she believed
he was being abusive to him,
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00:16:14,240 --> 00:16:17,080
and she was panicked.
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00:16:17,077 --> 00:16:21,777
Greg strongly denies
Diana's claims of abuse.
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00:16:21,781 --> 00:16:25,951
Greg responded by filing
a petition for divorce,
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00:16:25,952 --> 00:16:28,692
and in the petition for divorce,
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he sought custody and control of the son.
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00:16:33,893 --> 00:16:35,633
Investigators look for evidence
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that Greg has abused her and their son.
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00:16:39,232 --> 00:16:45,802
The court did issue requirements
that both the child and Greg
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be submitted to psychological evaluations.
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00:16:50,610 --> 00:16:52,610
She said that it was
really frustrating to her
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00:16:52,612 --> 00:16:56,512
because it was basically
his word against her word.
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00:16:56,516 --> 00:17:00,046
The results of the tests come in.
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Ultimately, those evaluations came out
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not showing any indication
of molestation or sexual abuse.
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00:17:10,196 --> 00:17:11,996
There is no other evidence
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00:17:11,998 --> 00:17:14,968
that Greg ever abused Diana or their son,
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00:17:14,968 --> 00:17:17,068
and he is cleared of any wrongdoing.
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00:17:17,070 --> 00:17:23,370
Greg did receive 50/50
custody back with his child.
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00:17:23,376 --> 00:17:26,106
This upset Diana.
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00:17:26,112 --> 00:17:29,052
They continued with divorce proceedings.
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In the following months, Diana
and Greg engage in mediation.
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00:17:33,219 --> 00:17:35,519
They had actually reached an agreement
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by which both parties had
independent time --
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00:17:41,227 --> 00:17:45,297
custody and control with the son.
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00:17:45,298 --> 00:17:48,598
Although the once dream couple
is no longer intact,
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00:17:48,601 --> 00:17:52,001
Diana is focused on
being the best mom she can be.
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00:17:53,840 --> 00:17:55,770
It's Christmas 2015.
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00:17:55,775 --> 00:17:59,235
During a visit with relatives,
Diana is captured
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sharing her musical talents
with her 3-year-old son.
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00:18:03,249 --> 00:18:06,249
She was the kind of person who
would always put her son first.
255
00:18:06,252 --> 00:18:09,092
She was a great mother.
256
00:18:09,089 --> 00:18:12,719
After a grueling time,
it seems Diana and Greg
257
00:18:12,725 --> 00:18:15,485
are both ready
to move on with their lives.
258
00:18:17,864 --> 00:18:21,134
I was shocked things had turned
out so badly between them.
259
00:18:33,580 --> 00:18:36,550
After seven years of
marriage, Diana Lovejoy
260
00:18:36,549 --> 00:18:41,019
has separated from her husband,
Greg Mulvihill.
261
00:18:41,020 --> 00:18:45,060
They reached an agreement where
she would maintain the house
262
00:18:45,058 --> 00:18:49,128
and she would then
pay Greg for his share.
263
00:18:49,129 --> 00:18:53,029
Although custody of their son is
a contentious issue,
264
00:18:53,032 --> 00:18:57,402
by early 2016, the couple have
found a way to make things work.
265
00:18:59,806 --> 00:19:04,976
September 1, 2016 --
Carlsbad police get a 911 call
266
00:19:04,978 --> 00:19:07,708
from a hiking trail far off the main road.
267
00:19:26,733 --> 00:19:29,103
Greg Mulvihill has been shot.
268
00:19:31,070 --> 00:19:35,570
A patrol officer locates both
the 911 caller and the victim
269
00:19:35,575 --> 00:19:38,505
in a vehicle half a mile from
the scene of the shooting.
270
00:19:38,511 --> 00:19:40,811
The first responding officer
271
00:19:40,813 --> 00:19:42,213
felt that it was still a hot zone,
272
00:19:42,215 --> 00:19:44,975
so he actually threw Greg in the back
273
00:19:44,984 --> 00:19:46,524
of his own police vehicle
274
00:19:46,519 --> 00:19:48,419
and drove him to the hospital himself.
275
00:19:50,790 --> 00:19:53,260
By the time the S.W.A.T. Team
had searched the area,
276
00:19:53,259 --> 00:19:55,889
the shooter had left.
277
00:19:55,895 --> 00:19:59,695
Meanwhile, Greg is rushed into surgery.
278
00:19:59,699 --> 00:20:03,969
He had received a gunshot wound
on the front of his chest.
279
00:20:03,970 --> 00:20:07,670
Sergeant darbie Ernst races to
Carlsbad police department
280
00:20:07,674 --> 00:20:13,314
to interview the 911 caller --
Greg's friend Jason Kovach.
281
00:20:13,313 --> 00:20:17,183
Jason was still in complete
shock. He's still terrified.
282
00:20:19,052 --> 00:20:22,022
With Greg hovering between life and death,
283
00:20:22,021 --> 00:20:25,461
Jason explains what happened.
284
00:20:25,458 --> 00:20:30,258
Earlier that evening,
Jason received a call from Greg.
285
00:20:30,263 --> 00:20:33,763
Greg called him and said,
"hey, I need some help.
286
00:20:33,766 --> 00:20:36,066
A person called me, a private investigator,"
287
00:20:36,069 --> 00:20:38,169
and the private investigator
had some important material
288
00:20:38,171 --> 00:20:40,871
that would help him out
in his custody dispute
289
00:20:40,873 --> 00:20:42,843
and his divorce proceedings.
290
00:20:45,211 --> 00:20:48,051
The mystery caller gives Greg
a time and location
291
00:20:48,047 --> 00:20:51,117
to collect the documents.
292
00:20:51,117 --> 00:20:53,247
He told them the general location --
293
00:20:53,253 --> 00:20:57,923
it was dark, it was
kind of off the beaten path.
294
00:20:57,924 --> 00:21:00,994
It sounded a little odd, so he
wanted someone to go with him
295
00:21:00,994 --> 00:21:02,834
just for safety.
296
00:21:04,697 --> 00:21:08,927
Jason agrees to go along.
297
00:21:08,935 --> 00:21:10,095
They armed themselves
298
00:21:10,103 --> 00:21:14,543
with a flashlight
and a child's baseball bat.
299
00:21:16,276 --> 00:21:18,376
The two men reach the location.
300
00:21:18,378 --> 00:21:19,638
It was very dark.
301
00:21:19,646 --> 00:21:22,046
There was no moon,
302
00:21:22,048 --> 00:21:24,818
so there was no ambient light
from the moon shining down.
303
00:21:24,817 --> 00:21:26,447
There was no streetlights.
304
00:21:26,452 --> 00:21:29,022
Greg obviously did not
think this was a good idea,
305
00:21:29,022 --> 00:21:31,562
but I think curiosity got the best of him.
306
00:21:34,761 --> 00:21:36,791
Greg was told to go get this package
307
00:21:36,796 --> 00:21:41,426
off of this huge electricity pole.
308
00:21:41,434 --> 00:21:43,904
Greg is walking along with the light.
309
00:21:43,903 --> 00:21:48,573
He's moving it around like this
to look at the surroundings.
310
00:21:48,574 --> 00:21:55,114
And at one point, he fixates on
something hiding in the bushes.
311
00:21:55,114 --> 00:21:58,524
And at that moment, Jason yells.
312
00:21:58,518 --> 00:21:59,448
Go!
313
00:22:03,423 --> 00:22:06,993
That's when the first shot rings out.
314
00:22:08,795 --> 00:22:13,695
The rounds whiz past them as
they're running towards the car.
315
00:22:14,901 --> 00:22:17,441
Greg and Jason jump into the vehicle.
316
00:22:17,437 --> 00:22:18,797
They start to drive away.
317
00:22:22,442 --> 00:22:25,082
That's when he makes a call to 911.
318
00:22:27,780 --> 00:22:30,950
Jason can't identify the shooter,
319
00:22:30,950 --> 00:22:32,350
but he can point detectives
320
00:22:32,352 --> 00:22:34,852
to the exact location of the attack.
321
00:22:36,856 --> 00:22:39,316
And investigators race to secure the scene.
322
00:22:40,660 --> 00:22:44,200
We went towards that electricity pole,
323
00:22:44,197 --> 00:22:47,497
and we actually saw
an "angry birds" towel laid out,
324
00:22:47,500 --> 00:22:51,070
and it was very perfectly folded
in a square.
325
00:22:51,070 --> 00:22:55,810
Jason had told us that he had
heard up to five or six shots.
326
00:22:55,808 --> 00:22:58,508
There was no evidence of the weapon.
327
00:22:58,511 --> 00:23:01,611
The lack of spent shell casings
made us think
328
00:23:01,614 --> 00:23:04,784
that it was someone
who knew what they were doing.
329
00:23:04,784 --> 00:23:07,594
But they do find something else.
330
00:23:07,587 --> 00:23:09,187
One of the detectives on scene
331
00:23:09,188 --> 00:23:12,758
could actually smell human excrement.
332
00:23:12,759 --> 00:23:17,289
Next to the excrement is a second towel.
333
00:23:17,296 --> 00:23:19,696
The towel was used
334
00:23:19,699 --> 00:23:24,899
to clean up after the person
had defecated on the ground.
335
00:23:24,904 --> 00:23:27,004
Regardless of what the evidence is,
336
00:23:27,006 --> 00:23:29,336
it's going to be tested for DNA.
337
00:23:29,342 --> 00:23:32,942
DNA does take a considerable amount of time.
338
00:23:32,945 --> 00:23:37,875
It's a minimum of 30 to 45 days
to get a profile back.
339
00:23:37,884 --> 00:23:40,084
While the evidence is analyzed,
340
00:23:40,086 --> 00:23:43,686
detectives begin to look for suspects.
341
00:23:43,689 --> 00:23:46,089
We find out that Greg
has an estranged wife
342
00:23:46,092 --> 00:23:50,932
and they're going through a very
bitter and contentious divorce.
343
00:23:50,930 --> 00:23:54,170
Detectives asked Diana
344
00:23:54,167 --> 00:23:56,967
if she'd known anything about
a private detective.
345
00:23:56,969 --> 00:24:02,609
Diana said that she did not know
anyone that was working
346
00:24:02,608 --> 00:24:04,778
for anyone referenced in their divorce.
347
00:24:04,777 --> 00:24:06,207
Diana provides an alibi.
348
00:24:06,212 --> 00:24:09,382
She says she was at home during the shooting.
349
00:24:09,382 --> 00:24:11,982
They don't have any sort
of relationship at this point,
350
00:24:11,984 --> 00:24:16,154
so she can't really offer any
information to the investigators
351
00:24:16,155 --> 00:24:19,215
as to who would have done this.
352
00:24:19,225 --> 00:24:24,295
The only person who could know
more is Greg Mulvihill.
353
00:24:24,297 --> 00:24:31,097
And after 24 hours,
unconscious on life support...
354
00:24:33,639 --> 00:24:36,269
...he comes to.
355
00:24:36,275 --> 00:24:39,535
Despite the contentiousness of the divorce,
356
00:24:39,545 --> 00:24:42,345
Greg did not think that Diana was capable
357
00:24:42,348 --> 00:24:45,578
of having any involvement
whatsoever with this.
358
00:24:45,585 --> 00:24:47,745
He ultimately tells us he has no idea
359
00:24:47,753 --> 00:24:49,193
who would have done this to him.
360
00:24:49,188 --> 00:24:52,158
He has no enemies that he can think of.
361
00:24:52,158 --> 00:24:54,528
Although he can't point to the shooter,
362
00:24:54,527 --> 00:24:57,957
Greg does have one crucial
piece of information.
363
00:24:57,964 --> 00:25:01,234
We knew the initial phone call
that Greg received
364
00:25:01,234 --> 00:25:04,644
was probably our best source
of evidence at this point,
365
00:25:04,637 --> 00:25:09,867
and so we were able to very
early on get that phone number.
366
00:25:09,876 --> 00:25:12,736
It was a "pay as you go" phone
367
00:25:12,745 --> 00:25:15,875
without any person linked to the phone.
368
00:25:17,683 --> 00:25:20,523
The carrier was able to tell us
that the phone was purchased
369
00:25:20,520 --> 00:25:24,290
at the best buy in the neighboring city.
370
00:25:24,290 --> 00:25:25,920
The gentleman at best buy said,
371
00:25:25,925 --> 00:25:29,455
"I can tell you
what time it was purchased,
372
00:25:29,462 --> 00:25:34,632
and I can even get a video of
the person buying that phone."
373
00:25:34,634 --> 00:25:37,604
Best buy's manager pinpoints the footage
374
00:25:37,603 --> 00:25:39,873
and sends it to the police.
375
00:25:39,872 --> 00:25:41,742
We've been working around
the clock, and at this point,
376
00:25:41,741 --> 00:25:43,971
we still have no idea who shot Greg.
377
00:25:43,976 --> 00:25:46,176
So I had everybody
who was working the case
378
00:25:46,178 --> 00:25:48,478
come into my office.
379
00:25:48,481 --> 00:25:51,281
Sergeant Ernst hits "play."
380
00:25:51,284 --> 00:25:54,554
We were all very excited
381
00:25:54,554 --> 00:25:56,654
because the person
who purchased this phone
382
00:25:56,656 --> 00:26:00,386
is either the shooter or someone
that can lead us to the shooter.
383
00:26:07,600 --> 00:26:10,270
It's been five days
since the attempted murder
384
00:26:10,269 --> 00:26:12,869
of 47-year-old Greg Mulvihill.
385
00:26:14,874 --> 00:26:18,014
We're all gathered around my desk,
386
00:26:18,010 --> 00:26:23,750
and I'm about ready to reveal
this video surveillance footage.
387
00:26:23,749 --> 00:26:26,679
Investigators hope that
best buy surveillance video
388
00:26:26,686 --> 00:26:28,846
will reveal who bought the burner phone
389
00:26:28,854 --> 00:26:32,294
that was used to call Greg
on the night of the shooting.
390
00:26:34,594 --> 00:26:40,034
As soon as I open the picture,
we're all in complete shock.
391
00:26:44,270 --> 00:26:48,240
They're a little bit grainy,
but it sure as heck
392
00:26:48,240 --> 00:26:52,180
looks like Diana Lovejoy.
393
00:26:52,178 --> 00:26:53,978
The entire investigation turned,
394
00:26:53,980 --> 00:26:57,880
and we knew Diana Lovejoy
was our prime suspect.
395
00:26:57,883 --> 00:27:01,393
Diana Lovejoy is arrested
during a traffic stop.
396
00:27:01,387 --> 00:27:05,357
She denied any culpability in this shooting.
397
00:27:05,358 --> 00:27:07,258
Back at Carlsbad police department,
398
00:27:07,259 --> 00:27:10,689
detectives begin their questioning.
399
00:27:10,696 --> 00:27:12,396
I ask her
400
00:27:12,398 --> 00:27:15,328
what she was purchasing
when she went into best buy.
401
00:27:15,334 --> 00:27:18,704
Initially she comes up with a new router,
402
00:27:18,704 --> 00:27:20,004
and then I give her a little information
403
00:27:20,006 --> 00:27:22,066
that this is a still photo of the person
404
00:27:22,074 --> 00:27:25,714
purchasing a cellphone
with a number assigned
405
00:27:25,711 --> 00:27:28,081
that was called to Greg's phone that night.
406
00:27:30,182 --> 00:27:33,082
That's when Diana again changed her story.
407
00:27:33,085 --> 00:27:35,145
Diana told investigators
that she was in fear
408
00:27:35,154 --> 00:27:37,024
for her safety of her husband, Greg.
409
00:27:37,023 --> 00:27:40,563
So she started taking lessons
at iron sights,
410
00:27:40,559 --> 00:27:42,359
which is a local shooting range.
411
00:27:42,361 --> 00:27:43,491
At iron sights,
412
00:27:43,496 --> 00:27:46,956
she met a man by the name
of Weldon McDavid,
413
00:27:46,966 --> 00:27:48,366
who essentially taught her
how to shoot.
414
00:27:57,843 --> 00:28:02,813
Weldon McDavid Jr. is
an ex-marine and weapons expert.
415
00:28:09,188 --> 00:28:13,258
He's also an amateur host
of firearm training videos.
416
00:28:20,199 --> 00:28:24,399
It turns out he's also known
to Carlsbad police.
417
00:28:26,405 --> 00:28:29,205
There was another
high-profile case in Carlsbad
418
00:28:29,208 --> 00:28:32,038
in which a woman
had come forward to say
419
00:28:32,044 --> 00:28:35,584
that her husband
had sexually assaulted her.
420
00:28:35,581 --> 00:28:39,381
Mr. McDavid actually became
a firearms instructor for her,
421
00:28:39,385 --> 00:28:41,245
and he kind of
became a hero in that case.
422
00:28:44,323 --> 00:28:47,263
Diana tells police
that she confided in Weldon
423
00:28:47,259 --> 00:28:50,589
about her divorce
and custody battle with Greg.
424
00:28:52,098 --> 00:28:55,228
But then their relationship morphed
425
00:28:55,234 --> 00:28:57,474
into a more romantic relationship
426
00:28:57,470 --> 00:29:00,640
and they ended up
having sexual relations.
427
00:29:00,639 --> 00:29:07,039
And Diana told us that Weldon
had come up with this plan,
428
00:29:07,046 --> 00:29:09,476
that they were going to scare Greg
429
00:29:09,482 --> 00:29:13,852
so that he would never bother her again.
430
00:29:13,853 --> 00:29:16,623
She was instructed to purchase the phone,
431
00:29:16,622 --> 00:29:22,392
and part of that scaring him
was to lure him into the brush,
432
00:29:22,394 --> 00:29:24,634
and then Weldon
was going to threaten him,
433
00:29:24,630 --> 00:29:27,430
and Greg would go away.
434
00:29:27,433 --> 00:29:29,203
She said that she wasn't informed
435
00:29:29,201 --> 00:29:31,031
of all the details of the plan.
436
00:29:31,036 --> 00:29:38,236
However, she did pick Weldon up,
take him to the scene.
437
00:29:38,244 --> 00:29:43,214
Diana admits she heard police sirens.
438
00:29:43,215 --> 00:29:45,215
Weldon told her that he had to shoot
439
00:29:45,217 --> 00:29:48,787
because Greg was going to attack him.
440
00:29:51,457 --> 00:29:56,387
She was maintaining that
Mr. McDavid had acted on his own
441
00:29:56,395 --> 00:29:58,255
and that she had not asked him to do this.
442
00:30:00,666 --> 00:30:02,166
Obviously, she's involved.
443
00:30:02,168 --> 00:30:03,868
To what degree, we don't know.
444
00:30:03,869 --> 00:30:06,599
They don't know,
but we know she's involved.
445
00:30:06,605 --> 00:30:10,905
Diana was charged with
conspiracy and attempted murder.
446
00:30:10,910 --> 00:30:14,380
With Greg well enough
to be released from hospital,
447
00:30:14,380 --> 00:30:17,710
news of Diana's arrest
spreads through Carlsbad.
448
00:30:17,716 --> 00:30:25,486
I was reading the news, and it said
449
00:30:25,491 --> 00:30:28,591
"Carlsbad man shot."
450
00:30:28,594 --> 00:30:32,234
I was in shock...Sick.
451
00:30:32,231 --> 00:30:35,671
I couldn't imagine her trying
452
00:30:35,668 --> 00:30:37,568
to get someone to kill her husband.
453
00:30:37,570 --> 00:30:41,710
That just did not fit in
with the person that I knew.
454
00:30:41,707 --> 00:30:44,807
Police continue building
their case against Diana
455
00:30:44,810 --> 00:30:48,050
and execute a search warrant
on her house.
456
00:30:48,047 --> 00:30:51,677
Meanwhile, Weldon McDavid is tracked down
457
00:30:51,684 --> 00:30:53,854
and brought in for questioning.
458
00:30:53,853 --> 00:30:58,623
In the interview, kind of went
into his relationship
459
00:30:58,624 --> 00:31:02,564
with Diana, that
her ex-husband had been shot.
460
00:31:02,561 --> 00:31:05,361
Weldon claims he was at home 30 miles away
461
00:31:05,364 --> 00:31:08,174
on the night of the shooting.
462
00:31:08,167 --> 00:31:11,027
We then told him we were
going to collect his DNA,
463
00:31:11,036 --> 00:31:13,896
and the panic started to set in
a little bit with Weldon.
464
00:31:13,906 --> 00:31:17,666
One of the things that was used
to kind of bluff McDavid
465
00:31:17,676 --> 00:31:19,636
was to tell him,
466
00:31:19,645 --> 00:31:22,075
"is there any reason why your
DNA would be at the scene?
467
00:31:22,081 --> 00:31:24,151
Is there any reason why, you know,
468
00:31:24,149 --> 00:31:27,179
there might be feces left on scene?"
469
00:31:38,664 --> 00:31:41,974
Weldon then admits he wasn't at home.
470
00:31:45,771 --> 00:31:51,281
And at that point, McDavid goes,
"ohhhhh! Yeah!
471
00:31:51,277 --> 00:31:52,637
Now I -- yep.
472
00:31:52,645 --> 00:31:53,835
Now I remember."
473
00:31:59,985 --> 00:32:03,615
"The night before, I happened to
decide to go for a run,
474
00:32:03,622 --> 00:32:05,462
and I had had some Mexican food,
475
00:32:05,457 --> 00:32:07,157
and it kind of messed with my stomach,
476
00:32:07,159 --> 00:32:08,459
and while I was running,
477
00:32:08,460 --> 00:32:10,990
I happened to have to go to the bathroom."
478
00:32:31,684 --> 00:32:34,224
Weldon then stopped the conversation.
479
00:32:34,219 --> 00:32:36,949
Having placed Weldon McDavid at the scene,
480
00:32:36,956 --> 00:32:40,116
investigators obtain a warrant
to search his house.
481
00:32:42,461 --> 00:32:45,761
We searched the garage,
and up in one of the rafters,
482
00:32:45,764 --> 00:32:48,834
we found a rifle.
483
00:32:48,834 --> 00:32:52,644
On closer inspection,
the rifle holds another clue
484
00:32:52,638 --> 00:32:57,568
that may explain the absence of
shell cases at the crime scene.
485
00:32:57,576 --> 00:33:00,836
We found six spent shell
casings in the brass catcher
486
00:33:00,846 --> 00:33:02,246
and one live round.
487
00:33:02,247 --> 00:33:04,377
The six spent shell casings
488
00:33:04,383 --> 00:33:07,553
matches what Jason and Greg told
us they heard that night.
489
00:33:07,553 --> 00:33:11,023
They said they heard six to seven shots.
490
00:33:11,023 --> 00:33:15,233
The rifle also had a suppressor.
491
00:33:15,227 --> 00:33:17,157
We believe that that was the weapon
492
00:33:17,162 --> 00:33:19,602
that was used in the shooting.
493
00:33:19,598 --> 00:33:21,128
Weldon is placed under arrest
494
00:33:21,133 --> 00:33:23,833
for the attempted murder and conspiracy
495
00:33:23,836 --> 00:33:26,936
of Greg Mulvihill.
496
00:33:26,939 --> 00:33:29,709
Weldon McDavid and Diana Lovejoy
497
00:33:29,708 --> 00:33:34,178
have both admitted to being
at the scene of the shooting...
498
00:33:34,179 --> 00:33:37,079
But neither admits to being responsible.
499
00:33:39,151 --> 00:33:40,781
Police still need to prove
500
00:33:40,786 --> 00:33:45,056
a conspiracy to murder Greg Mulvihill
501
00:33:45,057 --> 00:33:48,557
and scour Diana's home for clues.
502
00:33:50,796 --> 00:33:54,966
She looks like just kind of
the average woman next door.
503
00:34:02,274 --> 00:34:03,574
Police have arrested
504
00:34:03,575 --> 00:34:06,875
Diana Lovejoy and Weldon McDavid Jr.
505
00:34:06,879 --> 00:34:09,679
For the attempted murder of Greg Mulvihill.
506
00:34:18,624 --> 00:34:22,664
Diana claims she did not plan
the attempted murder,
507
00:34:22,661 --> 00:34:27,901
but a search of her house
reveals damning evidence.
508
00:34:27,900 --> 00:34:30,200
In searching Diana Lovejoy's computers.
509
00:34:30,202 --> 00:34:33,172
We found that she had been
searching the new moon.
510
00:34:33,172 --> 00:34:34,672
The new moon is significant
511
00:34:34,673 --> 00:34:38,283
because there's
basically no ambient light.
512
00:34:38,277 --> 00:34:41,847
Providing maximum darkness for an ambush.
513
00:34:48,387 --> 00:34:52,257
September 1, 2016,
when Greg Mulvihill was shot,
514
00:34:52,257 --> 00:34:55,787
was the night of the new moon.
515
00:34:55,794 --> 00:35:00,004
A deeper investigation
into the divorce settlements
516
00:34:59,998 --> 00:35:05,668
suggests Diana had a motive
for wanting her husband dead.
517
00:35:05,671 --> 00:35:10,111
Diana knew that she was going to
have to give $120,000 to Greg.
518
00:35:10,109 --> 00:35:13,379
She was not going to be able
to make the payment
519
00:35:13,378 --> 00:35:17,778
in the amount of time that it was needed.
520
00:35:17,783 --> 00:35:21,283
She premeditated this plan.
521
00:35:21,286 --> 00:35:24,186
And her plan was to kill Greg.
522
00:35:24,189 --> 00:35:28,929
In October 2017, the case goes to trial.
523
00:35:28,927 --> 00:35:30,527
Weldon McDavid Jr. claims
524
00:35:30,529 --> 00:35:33,399
he never planned to use his firearm.
525
00:35:33,398 --> 00:35:36,898
His intention was just to frighten Greg.
526
00:35:36,902 --> 00:35:39,402
I'm asking questions like
"why do you need a suppressor
527
00:35:39,404 --> 00:35:42,814
if you have no intention
of ever firing that weapon?
528
00:35:42,808 --> 00:35:44,008
If you're not going to fire any rounds,
529
00:35:44,009 --> 00:35:45,639
there won't be any rounds
to pick up afterward,
530
00:35:45,644 --> 00:35:48,214
so why do you need a bag
attached to that?"
531
00:35:48,213 --> 00:35:53,523
He said that he heard one of the
men yell, "I've got a gun."
532
00:35:55,754 --> 00:35:59,324
But the prosecution isn't buying it.
533
00:35:59,324 --> 00:36:01,564
With the help of Greg's testimony,
534
00:36:01,560 --> 00:36:04,630
prosecutors present
what happened that night.
535
00:36:07,733 --> 00:36:11,643
Diana drove Weldon McDavid
to the location of the shooting.
536
00:36:14,940 --> 00:36:17,540
Weldon sets the trap,
537
00:36:17,543 --> 00:36:21,553
starting with the carefully
placed "angry birds" towel.
538
00:36:25,250 --> 00:36:30,820
The towel was used as a lure
to get Greg and Jason
539
00:36:30,822 --> 00:36:33,592
to walk in by the power pole
540
00:36:33,592 --> 00:36:37,832
and stand there so that they
would have an excellent shot.
541
00:36:39,698 --> 00:36:42,968
His discarded second towel would
be the forensic evidence
542
00:36:42,968 --> 00:36:46,398
linking Weldon to the crime scene.
543
00:36:46,405 --> 00:36:52,305
The DNA comes back to show that
the feces were Weldon's feces.
544
00:36:54,746 --> 00:36:58,316
He then used the
burner phone to call Greg.
545
00:36:58,317 --> 00:37:06,117
I received a call, about 10:30,
from a man with a deep voice.
546
00:37:06,124 --> 00:37:09,864
Concerned about the
upcoming divorce proceedings,
547
00:37:09,861 --> 00:37:11,601
Greg agreed to meet.
548
00:37:11,597 --> 00:37:13,327
I was worried
that she was going to try
549
00:37:13,332 --> 00:37:15,602
to reopen the custody case.
550
00:37:15,601 --> 00:37:19,541
Weldon lay in wait, ready to attack.
551
00:37:19,538 --> 00:37:23,438
Weldon is in the camouflage, on his belly,
552
00:37:23,442 --> 00:37:29,312
in the pitch black, with the gun.
553
00:37:29,314 --> 00:37:34,224
Flashlight in hand,
Greg searched the area...
554
00:37:34,219 --> 00:37:36,419
Until he captured movement in the bushes.
555
00:37:38,590 --> 00:37:41,630
After the second time,
of shining the light on it
556
00:37:41,627 --> 00:37:43,827
and staring at it for a second,
557
00:37:43,829 --> 00:37:47,099
I realized I was looking
at a barrel and a scope.
558
00:37:47,099 --> 00:37:49,729
Weldon then opened fire.
559
00:37:53,705 --> 00:37:57,035
About the time I realized
what I was looking at...
560
00:37:59,845 --> 00:38:02,975
...it felt like I had been hit
in the back.
561
00:38:02,981 --> 00:38:07,451
McDavid was saying
that "I'm an expert rifleman.
562
00:38:07,452 --> 00:38:10,592
If I wanted to kill this guy,
I'd have killed him."
563
00:38:14,426 --> 00:38:18,126
Prosecutors argue that
Weldon's failure to kill Greg
564
00:38:18,130 --> 00:38:21,800
was because of the flashlight
shining in his eyes.
565
00:38:21,800 --> 00:38:24,430
Any kind of night vision
that you had acquired
566
00:38:24,436 --> 00:38:27,636
by sitting in a dark room
for some period of time,
567
00:38:27,639 --> 00:38:29,309
when that light comes on,
568
00:38:29,308 --> 00:38:33,078
it immediately would have
constricted your pupils.
569
00:38:33,078 --> 00:38:37,578
It burns your eyes.
570
00:38:37,582 --> 00:38:41,322
I absolutely believe McDavid had the gun
571
00:38:41,320 --> 00:38:43,490
pointed right at Greg's chest,
572
00:38:43,488 --> 00:38:47,588
but when the light was on his
eyes, he couldn't see anymore,
573
00:38:47,592 --> 00:38:52,832
the shot is still right in line
where his heart is.
574
00:38:52,831 --> 00:38:55,301
It's just that Greg
moved at the last second.
575
00:39:03,642 --> 00:39:07,442
The next thing I remember
was starting to run.
576
00:39:07,446 --> 00:39:09,976
It all happened
at sort of the same time.
577
00:39:09,981 --> 00:39:13,481
I remember thinking in my head "run,"
578
00:39:13,485 --> 00:39:18,355
but I believe somebody, either
Jason or I, yelled, "run."
579
00:39:18,357 --> 00:39:22,057
Once the shooting was over,
Weldon Dcdavid called Diana
580
00:39:22,060 --> 00:39:23,860
and had her pick him up.
581
00:39:26,932 --> 00:39:29,602
Prosecutors argue that Diana's
interaction with Weldon
582
00:39:29,601 --> 00:39:32,941
at the shooting club...
583
00:39:32,938 --> 00:39:35,308
And the burner phone she purchased proves
584
00:39:35,307 --> 00:39:37,737
she was behind the plan
to kill Greg.
585
00:39:41,313 --> 00:39:46,823
Diana Lovejoy purposefully
sought out Weldon McDavid
586
00:39:46,818 --> 00:39:51,088
because she thought
that she could manipulate him,
587
00:39:51,089 --> 00:39:52,689
and she was right.
588
00:39:52,691 --> 00:39:55,431
Prosecutors believe Diana pursued Weldon
589
00:39:55,427 --> 00:39:58,427
because he'd coached
other women in self-defense.
590
00:39:58,430 --> 00:40:01,030
This is something that
he has done in the past,
591
00:40:01,032 --> 00:40:03,472
which is helping out women.
592
00:40:03,468 --> 00:40:06,298
She had him in his back pocket.
593
00:40:06,304 --> 00:40:08,344
And I think he was in love with her.
594
00:40:10,375 --> 00:40:15,035
Greg's testimony also
gives clarity to Diana's motive.
595
00:40:15,046 --> 00:40:18,716
Greg tells them the history
of the accusations,
596
00:40:18,717 --> 00:40:21,077
the contentiousness of the divorce.
597
00:40:21,086 --> 00:40:24,386
But there's still no
evidence of premeditation
598
00:40:24,389 --> 00:40:29,059
until, at the 11th hour,
a new witness comes forward --
599
00:40:29,060 --> 00:40:31,130
Diana's own aunt.
600
00:40:31,129 --> 00:40:32,659
Her eyes well up with tears,
601
00:40:32,664 --> 00:40:35,804
and she just said, "it's true.
It's all true.
602
00:40:35,801 --> 00:40:39,271
She did. She asked me to find
someone to kill him.
603
00:40:39,271 --> 00:40:41,941
It's true. I can't lie."
604
00:40:41,940 --> 00:40:44,670
The aunt testifies
that she and Diana had spoken
605
00:40:44,676 --> 00:40:47,076
the Christmas before the shooting --
606
00:40:47,078 --> 00:40:49,878
the same Christmas
this home video was filmed.
607
00:40:51,917 --> 00:40:56,417
The conversation proves premeditation.
608
00:40:56,421 --> 00:40:58,721
I've never had anything happen
to me like this.
609
00:40:58,723 --> 00:41:01,723
In 20-some years of being a prosecutor,
610
00:41:01,726 --> 00:41:03,156
it's a Perry Mason moment.
611
00:41:03,161 --> 00:41:05,961
It was just crazy.
The whole thing was crazy.
612
00:41:07,833 --> 00:41:10,503
The jury find both defendants guilty
613
00:41:10,502 --> 00:41:12,742
of conspiracy to commit murder.
614
00:41:14,806 --> 00:41:20,536
As the verdict is read out, Diana collapses.
615
00:41:20,545 --> 00:41:24,475
Diana literally fainted.
616
00:41:24,483 --> 00:41:26,953
She was right to my right.
617
00:41:26,952 --> 00:41:32,422
It was just a total shock for Diana.
618
00:41:32,424 --> 00:41:35,264
The prosecution remains skeptical.
619
00:41:35,260 --> 00:41:36,860
If you're willing to hire a hit man
620
00:41:36,862 --> 00:41:38,762
to come and kill your husband,
621
00:41:38,763 --> 00:41:40,863
forgive me for thinking
that maybe you might be
622
00:41:40,866 --> 00:41:45,166
faking the whole
"passing out in court" thing.
623
00:41:45,170 --> 00:41:47,670
Weldon McDavid Jr. is sentenced
624
00:41:47,672 --> 00:41:51,172
to 50 years to life for attempted murder.
625
00:41:51,176 --> 00:41:55,076
And Diana Lovejoy is sentenced
to 26 years to life
626
00:41:55,080 --> 00:41:59,220
for conspiracy to commit murder
and attempted murder.
627
00:41:59,217 --> 00:42:02,947
To this day, both maintain their innocence
628
00:42:02,954 --> 00:42:06,624
and are appealing their sentences.
629
00:42:06,625 --> 00:42:09,685
I do think about Diana often,
630
00:42:09,694 --> 00:42:13,004
and I think about
how much she wanted her son.
631
00:42:12,998 --> 00:42:15,668
I'm sure that that is the only
reason that she is living,
632
00:42:15,667 --> 00:42:18,767
so that she can someday see him again.
633
00:42:18,770 --> 00:42:20,700
Greg has fully recovered
634
00:42:20,705 --> 00:42:24,065
but has never spoken publicly
about the attack.
635
00:42:24,075 --> 00:42:28,135
Greg is an incredibly nice, decent man.
636
00:42:28,146 --> 00:42:31,746
He dotes on his little boy.
637
00:42:31,750 --> 00:42:35,890
Diana was trying to make Greg the monster.
638
00:42:35,887 --> 00:42:38,217
I think in reality,
Diana was the monster.
51771
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