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MSNBC Dateline Extra December 23, 2019 05:24:00

Light and then noticed, there in the brush. he sees that it s actually a person laying on the ground holding a sniper rifle. that s terrifying. terrifying. reporter: the man appeared to be wearing camouflage. greg or jason yelled gun. or maybe run. and they turned and took off back to towards their car. and that s when mr. mulvihill was shot. and as they re running back they re hearing multiple bullets, or multiple rounds, whizzing past their head. reporter: they got in the car and took off but then greg realized how badly he was injured. he pulled over and jason called 911. greg mulvihill was being hunted? correct. he just didn t know the trap he was walking into? correct. nor who was hunting him. reporter: miraculously, greg survived his injuries. he was in the dark and didn t have any idea of who would have done this or anybody that he could think of that would do this. reporter: greg did say he was nearing the end of a bitter custody dispute with his w ....

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MSNBC Dateline Extra December 23, 2019 05:37:00

Believed diana viewed weldon as her way to get rid of greg. i think that she saw in weldon the exact kind of person that she would need to carry this out. and it is somebody who has a hero complex and she needed somebody that she could manipulate. reporter: the prosecutor learned something else. diana admitted she had slept with weldon. and i think she used her sexuality to get him to do what it is that she wanted him to do. alright, we ready to proceed? reporter: on september 12th, 2016, weldon mcdavid and diana lovejoy were both arraigned on charges of attempted murder and conspiracy to commit murder. was diana a criminal mastermind who manipulated weldon, sent him on a mission to kill? was weldon a would-be warrior who was hired to intimidate greg but decided to murder him instead? the two would face trial together. and their defense? well, you ll just have to hear it for yourself. ....

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MSNBC Dateline Extra December 23, 2019 05:36:00

Up. who is setting you up? i m so [ bleep ] stupid. reporter: prosecutor breton didn t believe weldon had been framed exactly. but set up? in a way, yes. remember those horrible allegations of abuse diana made against greg, that he d molested her and their son? breton believes diana fabricated them. all the therapists, the physicians, everyone that was involved, made the determination that there was no truth to it. and when the court system didn t believe her, then she decided to come up with the way to have him killed. reporter: and the prosecutor said that s where weldon came in. a self-styled protector, a man primed to react to the exact type of allegations diana was making. oh, god. stop. reporter: remember what weldon said on dateline when he heard crystal harris recording of her husband s abuse? i really wanted to go and kill him. reporter: the prosecutor ....

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MSNBC Dateline Extra December 23, 2019 05:34:00

Happened. and she didn t ask anything else. reporter: that was diana s story. she hired her shooting instructor to intimidate greg, but that was it. so now police had another suspect, weldon mcdavid. his wife, lea, was home with her newborn baby when the phone rang. and i answered the phone. it was s.w.a.t. they were on my street. and they told me to come out of the house with the baby. reporter: did you have any clue why they were there? no. reporter: they were there to look for evidence that weldon shot greg mulvihill. the most striking thing about the house is that mr. mcdavid had guns everywhere. reporter: san diego county deputy district attorney jodi white breton said they found a number of guns in the house. but none was connected to the crime. but then, hidden in the garage they found the upper portion of an ar-15. reporter: police noticed that there was a suppressor or silencer attached to the weapon ....

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MSNBC Dateline Extra December 23, 2019 05:44:00

reporter: and then, a gunshot. it felt like i had been hit in the back, which was confusing to me, cause i knew i was looking at a gun, but it felt like somebody hit me in the back. reporter: in the confusion, greg said he or jason yelled run, or possibly gun. and while we were running, i heard about six more rapid gunshots. reporter: the prosecution argued diana paid weldon mcdavid to kill greg that night. and it seemed weldon may not have been the only one diana approached with this goal in mind. do you solemnly swear reporter: there was an unlikely witness against diana, a woman who reluctantly shared her story with prosecutors. her own aunt, diana clark. diana said, you need to promise not to tell my mom or my sister. can you promise me that? and i said, yes. reporter: then, aunt diana testified that on christmas day ....

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