As the family of murder victim Norman "George" Dennis looked on, an Alaska prosecutor said repeatedly that the nine stab wounds found on Dennis' body in October 2011 were not the result of self-defense. He argued Joshua Wagner was enraged and intended to kill Dennis, an intent he said is proven by the extent of Dennis' injuries and Wagner's reckless actions following the bloody fight.
Wagner, 35 at the time of Dennis' death, is charged with first-degree and second-degree murder as well as two counts of criminal mischief.
Wagner appeared at his trial in a grey suit and black frame glasses. He showed little reaction to the attorneys' arguments for and against the self-defense claim, a defense he's maintained since shortly after being arrested.
While living in a camper trailer in a driveway along Nugget Lane near DeArmoun Road and Lake Otis Parkway in South Anchorage, Wagner became acquainted with his neighbors, including Dennis and Dennis' girlfriend. In the months leading up to the stabbing, Wagner started storing belongings in Dennis' garage. Dennis told his neighbor he wanted the stuff out before he left to work in Dutch Harbor.
Both sides dispute what prompted the deadly fight in that same garage. The prosecution said it doesn't know what happened; maybe it was the accumulation of stuff in Dennis' "man cave." The defense argued Dennis could have been jealous, as Wagner testified he'd been renting a room in Dennis' home from Dennis' girlfriend while he was away.
The reasons remain unclear, but the fight resulted in the death of 34-year-old Dennis.
Wanted his man cave
Why Wagner stabbed the victim nine times is a reasonable question, but the law does not require an answer for a murder conviction, said state prosecutor Andrew Grannik in his closing argument.
The state can instead examine the events leading up to the alleged murder, he said. Grannik argued Dennis' girlfriend asked Wagner to move out. He left the house but kept his belongings in the garage. The night of the stabbing, one of the three witnesses -- Annie Atkinson, Dennis' girlfriend; Rawley Atkinson; and Emily Trey -- watched Wagner as he stood in Dennis' driveway, munching fast food and urinating. Wagner "marched up to" Dennis and reached for a hug but Dennis refused. These may all have been signs of Wagner displaying male dominance, Grannik said.
The same goes for the junk in the garage, which included Wagner's piano and organ. Dennis was annoyed by the garage dispute but not angry, according to witness testimony.
The victim "wanted his man cave," the prosecutor said. "There were no real reported problems between the men before that day."
Wagner also leashed his pit bull mix in the garage prior to the fight -- Dennis had told his neighbor to remove the dog from his car. He went out to the garage, likely to tell Wagner to take his belongings and canine out, Grannik argued.
What happened next is unknown. All that's apparent is Trey heard a "terrible scream," "a wailing noise," coming from the garage. She testified it was a sound she'd never heard before.
Trey asked Rawley Atkinson to investigate. As they peered into the garage, they saw Dennis beating up Wagner in the corner, blood on the homeowner's clothes. He stumbled back, and Wagner allegedly dropped a bloody knife on the cement floor. Dennis re-entered the house and collapsed on the laundry room floor, dying, Grannik said.
Wagner followed with a fire extinguisher. He broke windows and sprayed the extinguisher into the home, facts on which both parties agree and that are the basis of the criminal mischief charges.
Joshua Wagners lies
Next, the prosecutor pulled up a PowerPoint slide titled "Joshua Wagner's lies." The defendant admitted lying to responding officers about a number of things. Wagner said the fight took place on his property. He said he was attacked with a pick or ax handle, as well as two knives. He couldn't explain the shattered windows.
Later, Wagner could not explain why Dennis had two stabs wounds to the chest, two stabs to the liver, and one deep stab in the heart. Dennis was also stabbed three times in the back. The remaining stab wound was located on a tricep.
But the biggest lie, Grannik argued, was Wagner's claim of self-defense.
"He changed his story because there was no physical evidence that the fight happened on his property," the prosecutor said.
"How many stabs wounds … would it take not to be self-defense?" he asked. Grannik raised his voice, arguing the defendant was enraged and had every intention of killing his neighbor.
A knife comes out
Wagner testified earlier in the trial, his face toward the victim's family as he took the stand.
He said he'd been renting a room in Dennis' house, but Annie Atkinson did not want her boyfriend of several years to discover the arrangement. Rawley Atkinson allegedly helped him move the piano and organ into the garage against Dennis' wishes.
The secret rental eventually was discovered and Dennis was "very upset (Annie) was renting out a room," Wagner said. The accused murderer said Dennis wanted to talk and kept trying to get him into the garage.
Inside Dennis' captured "man cave," the homeowner glanced at the piano and "started freaking out on me," Wagner said.
The two men started fighting. Wagner was backed into a corner, between the wall and piano. He said he heard something whistling through the air. He landed a decent punch. Dennis staggered backward and pulled a knife, he said.
It was at that point, Wagner said, that his mind flashed back 10 years, when he'd been slashed in the stomach. The slashing occurred on another man's property, and Wagner said he believes the man was never charged because of that.
Twisting the knife away from his alleged attacker, but still under blows from some sort of "spike," Wagner eventually hugged Dennis and stabbed; he's unsure how many times. And his memory isn't that great, he said, because he was jostled. It was like being in a car crash, he said.
No he didnt
Prior to the defendant's testimony, the state played a video of Wagner's Anchorage Police Department interview.
"How many times did you stab (Dennis)?" officers asked.
"Did I stab him?" Wagner replied.
"Yes. You did."
"Is he hurt?" Wagner asked.
"Yes. He's seriously hurt."
The video shows Wagner hunched over, his face in the palms of his hands. Then he starts to cry.
The police continue their questioning, probing Wagner about the fight, where it happened and other details. Wagner asks if Dennis, who he told officers was his friend, was all right as he wiped tears from his face with a shirtsleeve.
"I don't know that I got him. I was defending myself, sir," Wagner said over muffled cries.
Wagner told the officers his alleged friend was "wasted" drunk before asking once more about Dennis' condition.
"No," police said when Wagner asked if Dennis was all right.
"What do you mean when you say no?"
"He died."
"No he didn't. No he didn't," Wagner said.
Quantity, no quality
Grannik had argued the defendant's first thoughts were of himself upon learning of Dennis' death. Defense attorney Joseph Van De Mark rebutted that argument by calling attention to his client's disbelief. Those were the first words out of Wagner's mouth, he said, concern for his friend.
Van De Mark asked the jury to focus on the quality of the state's evidence rather than the quantity. The state argued at length about what happened before and after the stabbing but not the details of what it sees as first-degree murder, he said.
Dennis backed Wagner into a corner; Rawley Atkinson saw Dennis "beating the crap" out of his client for about 30 seconds. The defense attorney argued people need not wait until they're seriously injured to protect their lives. They need not even wait till they're injured, he said.
"In the end, you'll find that he was justified. And he had to do what he had to do," Van De Mark said.
Wagner lied. He explained why he lied, Van De Mark said, mentioning the past assault on Wagner. He was confused and filling in blanks, haphazardly, though the gaps in Wagner's memory had more to do with shock and confusion, he argued.
As for the broken windows, Wagner was angry, and he's guilty of criminal mischief, not murder, Van De Mark said.
Wanger's family shuffled out on the courtroom as the closing arguments came to an end. The jury is deciding Wagner's fate.
Contact Jerzy Shedlock at jerzy(at)alaskadispatch.com. Follow him on Twitter @jerzyms.