Date: Thu, Jan 7, 1999
First a little back ground - Over this past summer Jim and his wife, Cindy, separated from a 17 year marriage, which they have one son, William,who just turned 17.
Cindy is...well, kinda slow, but Jim loved her just the same, but he's a really smart guy and Cindy just never gave any interest over the years to improve herself mentally. This has frustrated Jim.
Xenia was a mutual friend of Jim and Cindy's. I have never met her, except through telephone conversations, which started when Cindy wanted to leave Jim. I soon discovered that Jim and Xenia were having an affair, according to Cindy.
I am not judgemental of what my brothers do, there by the grace of God go I, and Lord knows that I need to leave the stones on the ground. I told my brother and Xenia what Cindy had told me and that whatever they did was their business, that my concern was for my nephew and that I felt that no matter what Jim needs to show respect to Cindy for William's sake. Everyone agreed to that, though both Xenia and Jim denied anything between the two of them. Xenia said that she did for Jim as she does for Cindy and wasn't taking sides in their problems. Although the relationship between Jim and Xenia does look suspicious, but they both swear the relationship has been purely platonic. Now, this Jerry Head character claims to have been dating Xenia. Xenia claims that their relationship was also of friendship and they just went out and partied together. Jerry aparently was going back to Cindy and telling her that Jim and Xenia were having a wild affair behind her back. I found this out much later, after Jim was in jail and Cindy told me that she asked Jerry who had beat Jim up and he told her that his buddy Jerry did. I asked her what she was doing talking to him and she said that he was her source over the past several months. What I think is that he was the instigator in the series of events that ultimately sealed the fate of Jim and Cindy's marriage.
Jim had gone to a bar one night with Xenia and her boyfriend Greg (they're still together). Jim told me that Jerry Quaito and Jerry Head (Jerry Head is apparently a biker dude while Jerry Q is more clean cut - again, I have never met any of these people other than Jim and Cindy).
While at the bar Jerry Q told Jim that he needs to stay away from Xenia because she was nothing but a slut and she'd end up getting Jim in trouble, if you know what I mean. Jerry H confirmed this and they were ultimately threatening Jim that if he didn't stay away from Xenia that there would be hell to pay, and they would be the hell. Jim's plan was to go home and get up at 4 am to go to work, but with the words from the Jerky Boys, he instead went to Xenias. This was not an uncommon thing for Jim to do. After Cindy left he spent a lot of time at her place, sleeping in her bed because it was larger than the one in the spare room (Jim's 6'4") and she was out of town often enough. Jim found it difficult to go home to his house, as his son has become a child of the desert and at 16/17 he has his own things to do which do not include those of the other generation. So, Jim found solice at his friend Xenia's place, somewhere other than his house.
After awhile Jim had moved back home to his place, his confidence was building back up and his psyche was starting to smooth out so that he could handle it. But with the threats of the boys he went back to Xenia's set the alarm clock and went to sleep.
Upon arrival home, for whatever reason, Xenia decided to call Jerry H. She told me that he and Jim were able to communicate amicably and she didn't feel like dealing with Jim. Greg was there, and I guess he and Jim weren't as familiar with each other as Jerry and Jim so she opted that Jerry take charge of the situation.
One must realize though, Xenia was not aware of the conversation that had taken place in the bar.
I spoke to Jerry H's room mate and she said that she had told Jerry that if Xenia was having problems with Jim then she should just have the police go over there and handle it, he didn't need to go meddling into her problems. She said that she knew (that feeling of knowing) that something was going to happen. Jerry H called Jerry Q to come and get him -- had he asked his room mate she would have taken him, but he did not, and she didn't volunteer.
Upon arriving to Xenia's Jerry H told Xnia to take a walk, because it would be easier to talk to Jim without her there, so she complied and walked outside with her boyfriend Greg. Jim had known Xenia was home and thought if she wanted him to get out of her bed that she would have just come in and told him to go home or go the spare room or whatever, like she had in the past. When she didn't come in and say anything he thought everything was okay and went to sleep.
Jim woke to Jerry Q hitting him with a night stick. Jim tried to get out of the house and go to his truck to get away from him, but his keys were in the house.
Jim was afraid that he was going to either be crippled or dead, as he was taking a terrific beating from this guy.
Jim took what energy he had to flee and was able to outrun the two, or they got bored with the pursuit and went back into the house.
Jim returned to his truck (he lives about 1/2 mi from Xenia in the desert, where he lived next door -- the DA is trying to make a case that Jim, who was badly beaten ran home and got the gun and then returned back to the "scene of the crime").
Jim apparently took the gun from his truck, where he kept it away from his teenage son, who was capable of anything. Jim holstered the gun in case he needed it and looked for his spare keys. This is when Jerry Q returned.
Jim warned Jerry to stay away from him and told him that he had a gun. I don't know if it was this session or the pevious one that Jerry broke out the windshield and windows on Jim's truck.
Jerry didn't seem to notice that Jim had the gun, so Jim thought and fired warning shots to show him that he had a gun. He threw his hand cuffs to the Jerries and told them to put them on. He held the gun on them and told Xenia to get his keys so he could get out of there. When she returned with the keys he simply pulled away.
This is the story as best I can recall it in the phone calls that I've had with my brother. He has to call collect and there have been times when he has had to hang up and repeat the conversation to me because he had to get off the phone. Phone calls are only 15 minutes long and they are $10.50 each time he calls me from CA here to NY where I live.
I hope this helps you put the story together. I'm thinking of compiling everything and writing a book. There is much more to this than the above. Jim is typically quiet, rational and peaceful. Years ago when my gay boyfriends came to visit my stepfather wanted to "shoot all the faggots", Jim is the one who got that scene under control. He's always been the peacemaker. Because of his size, people usually back off.
Let me know what you think, if you have any questions, etc. Back to JIM'S WORDS