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MSNBC Dateline Extra December 23, 2019 05:48:00

Him walk down? that would have put me out in the open and made me a potential target. so you felt it was safer for everybody concerned for you to be dressed in camo with an ar-15 tucked under the bushes pointing at him? that was the safer thing to do. based on my training and my experience, yes. i thought that was the safest for everyone involved. reporter: but remember how dark it was the night of the shooting the night of the new moon? the prosecutor said that was no coincidence. diana purposely chose a night when weldon could hide unseen. there were google searches that miss lovejoy had made regarding the new moon and when it was and when the peak point of darkness was, which happened to be at the same time that they lured him out there. reporter: and the prosecution had one more piece of evidence for the jury. a potential financial motive for ....

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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 05:42:00

Young son. investigators came to believe it was mcdavid that shot mulvihill through the chest. prosecutors were ready to make the case that diana lovejoy wanted greg dead and custody was not her only motive. continuing our story, here s andrea canning. reporter: late october 2017, weldon mcdavid and diana lovejoy, one time gun instructor and student, one time lovers, now on trial together facing charges they conspired in the attempted murder of diana s husband, greg mulvihil. i m going to ask that you find both of the defendants guilty. reporter: prosecutor jodi white breton knew she had a strong case. i was on a dirt road. reporter: weldon mcdavid had placed himself at the scene of the shooting, and diana admitted to paying him to scare her husband. but breton worried the defense would try to use diana s unsubstantiated allegations of ....

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MSNBC Dateline Extra December 23, 2019 05:49:00

Murder. as part of the divorce settlement, diana owed greg $120,000. the money was due three weeks after the date of the shooting. however, if he s dead, it would just go to his estate, which would ultimately come right back to miss lovejoy. reporter: in closing arguments, the prosecutor said there was no doubt diana lovejoy and weldon mcdavid had conspired to kill greg mulvihill. they didn t plan for jason kovach. they didn t plan for a bright bike light to light up mr. mcdavid laying on his belly. and they didn t plan to get caught. no reason to kill. they had 120,000 reasons to kill. reporter: what would the jury think? first, let s see what you think. hear what weldon and diana had to say when we visited them in jail. coming up a defendant s biggest regret. not what you might think. if i could only take back one thing, i would take that out of ....

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