GREEN RIVER — Charles Laird Kincaid of Rock Springs was found guilty on Friday afternoon of aggravated assault for pointing a revolver at his wife and pulling the trigger.
The trial for Kincaid, 31, was scheduled to begin Tuesday but was delayed a day due to the storm. On Friday, a jury found him guilty of felony aggravated assault, threatening with a deadly weapon, for an incident that happened in February of 2020. Jurors deliberated for just over three hours after the trial wrapped up in Sweetwater County District Court before Judge Richard Lavery.
The Rock Springs Police Department responded to Reagan Avenue in Rock Springs at 12:12 a.m. on Feb. 25 when Ashton Crain called 911 saying her husband, Kincaid, had a gun and had pointed it at himself and then her.
During the trial, jurors listened to the recording of the 911 call made by Crain that night and watched bodycam footage from law enforcement at the scene and later at the hospital with Kincaid. Those testifying at the trial included Crain, RSPD Officer Amanda Buller, the 911 dispatcher who took the call, and RSPD Detective Ken Davis.
The trial wrapped up Friday before noon with closing arguments by the prosecution and defense.
Sweetwater County Attorney Dan Erramouspe told the jury in closing arguments that the evidence revealed that on the night in question, Crain came home and saw that her husband had been drinking. In her testimony, Crain said that her husband became a different person after drinking alcohol. She said that she went to bed around nine and was awoken by her husband saying that her dog was outside. When Crain returned, she noticed Kincaid had a pistol tucked into his pants, Erramouspe told the jury.
Crain said she returned to bed and her husband came into the bedroom. At one point, Kincaid emptied rounds from the revolver into his hand and told Crain he had one more in the gun, Erramouspe told jurors.
He then put the gun, a .44 Magnum, to his head and pulled the trigger more than once. Crain testified that she told him to stop, saying that people loved him and he didn't need to do that. When she reached for her phone, Kincaid leveled the pistol at her, said "don't ------- call," and pulled the trigger, Erramouspe told jurors. The gun didn't go off.
Crain then made the 911 call that jurors listened to.
"You heard her voice; you heard her terror," Erramouspe said.
He told jurors that the evidence corroborated Crain's testimony.
Eric Phillips presented closing arguments for the defense. He pointed to concerns about Crain's credibility due to mental health issues, medications, the use of marijuana, and lies she had told. The defense also questioned the way law enforcement handled the investigation.
Sentencing will be at a later date. The defense said it would need at least three weeks in order to be ready for sentencing. A presentence investigation has already been completed.
Kincaid remains in custody at the Sweetwater County Detention Center.