MARION COUNTY- The Carter family is moving forward in the wrongful death civil lawsuit against a fellow family member.
Last June, 68-year-old Shirley Carter was found shot to death in her rural home in Lacona.
In January of 2016, Shirley’s husband Bill and two of their three children filed a wrongful death lawsuit against their other son, Jason Carter, naming him as her killer.
On March 6, the family and their attorney Ron Danks subpoenaed Shirley’s autopsy results and the 911 call made by Jason Carter the day Shirley was murdered.
On March 29, the Marion County Sheriff’s Office filed a motion to quash the subpoena saying, “”The release of the 911 call by Jason Carter being detrimental to ongoing investigation.”
Friday morning, a Marion county judge agreed to release both the autopsy and 911 call, but only to both of the parties involved and no outside third parties. The judge also said the details of the call may not be discussed in public or with anyone not involved directly in the case.
“We’re proceeding forward. Their goal is to get justice for Shirley. Hopefully there will be an arrest made in the case at some point, but if not, the civil case will give the family the opportunity to have a trial and have a jury make a decision based on that,” said Danks.
In a brief filed by Danks, it states:
“On June 19, 2015 Jason Carter placed a phone call to Jana Lain at 11:08… Following a brief conversation, Ms. Lain was concerned Jason Carter was not calling 911 to get assistance. Ms. Lain immediately called 911…. At 11:11 a.m., Jason Carter placed a phone call to the Marion County Sheriff’s Office 911 number to report Shirley Carter’s death.”
The brief also states that the Defendant Jason Carter did not attempt to stop or voice concerns about the 911 call being released.
“I don’t know what’s on the 911 tape, I haven’t heard it, and cant comment on it,” said Danks. “But, yes, I’m anxious to review all of the evidence and the 911 tape is a part of that.”
Danks called the releasing of this information a step in the right direction for the Carter family.
“I can’t say anything other than to say it’s unbelievably horrific. To imagine the circumstances of this, having a lawsuit to get justice and the long period of time that goes into the investigation, it’s very, very hard for them,” said Danks.
Neither the Marion County Sheriff’s Office nor the Iowa DCI has made an arrest in regards to Shirley Carter’s death, including Jason Carter.
Sheriff Jason Sandholdt told Local 5 News they’re continuing to conduct interviews and look at the evidence but are unsure when or if an arrest will happen.
A civil trial date has been set for April 3 of 2017.