A derringer for my daughter

The father of accused murderer Julie Harper said it was “the worst day of my life” when his daughter showed up to his office and told him that she had shot her husband. “She said, ‘I shot Jason to defend myself.’”

John Cihak, 76, testified for three hours on Thursday, September 18. He said that his daughter, who was then 39, came to his business on a Tuesday afternoon in August of 2012. “I believe she said Jason was dead.”

Cihak, a real estate broker, described the situation as “shocking” and “traumatic.” He told the jury he remembered asking, “Are you sure Jason is dead?” and that his daughter answered, “Yes.” But when he was asked how Julie knew that her husband was deceased, Cihak answered, “I don’t recall now.”

Prosecutor Keith Watanabe repeatedly asked if anybody considered dialing 911 during that day, and Cihak replied, “I didn’t think of that.”

Jason Harper, 39, was killed by a single .38 caliber round through his rib cage, sometime after 8 a.m. on August 7, 2012, according to testimony. The bullet entered the left side of his rib cage, travelled from back to front, and came to rest at the front edge of his right chest.

Watanabe asked many questions about the alleged murder weapon, but Cihak denied that he ever asked Julie about any gun. He stated in sworn testimony: “I don’t believe we talked about a gun.”

Cihak remarked that it was two years after the event and his memory was faulty, “Probably because of the enormity of the situation.” In fact, John Cihak often said while in the witness box: “I don’t recall” and “I don’t remember.”

Cihak said that he made calls to arrange a criminal defense attorney for his daughter, and they made multiple trips to the law offices of Higgs, Fletcher & Mack in downtown San Diego.

Cihak and his daughter first met with defense attorney Paul Pfingst at his downtown office at about 5:30 p.m. and then they went to get a payment check to retain counsel; Cihak and his daughter then went to fetch the Harper children, who had been left with a female relation, so that the children could be interviewed by Pfingst. The children spoke with the attorney in his office sometime after 10 p.m. that night, according to testimony.

Although Harper spent that night at her father’s home, he again denied ever speaking with her about the gun used in the shooting. Cihak said they talked about what the children might have for breakfast.

Cihak did remember that it was about 5:30 a.m. the next morning when “I believe we were awakened by the police ringing the doorbell.” He said neither he nor his daughter opened the door. “We didn’t answer.” Cihak said he expected legal counsel to communicate with police and “at the time we were following legal advice.” What did the police do? “They left.”

Police obtained a search warrant and gathered an assortment of long guns and handguns from the Cihak residence on Lake Rim Road in Scripps Ranch. Cihak confirmed there were between 20 and 30 firearms in his home. Investigators determined that none of the weapons they found that day had been used to fire the single round that killed Jason Harper.

Prosecutor Watanabe has wondered aloud if the alleged murder weapon might have been tossed into the lake behind Cihak’s home.

During cross-examination by Pfingst, Cihak did confirm that 20 years ago he had given his daughter an two-shot derringer. He said, “I believe I gave it to Julie for her defense, for her protection” while she was going to the University of Southern California, in the early 1990s.

The jury of eight men and four women heard evidence four days this week, and prosecution will resume their case at 9 a.m. Monday morning, September 22. Judge Blaine Bowman told jurors they would probably have the case to deliberate by Wednesday or Thursday of next week, in San Diego’s North County Superior Courthouse.