The defense attorney for an Odessa mother charged with capital murder in the death of her adoptive daughter three years ago told jurors Tuesday the girl’s death was a tragedy, but it wasn’t murder.
Ashley Schwarz, 37, and her husband, Daniel Schwarz, 47, were arrested in August 2020 after Jaylin Schwarz, 8, was found dead at their Locust Avenue home.
The couple were each indicted on one count of capital murder and two counts of injury to a child. One of the injury counts alleges they intentionally and knowingly caused serious bodily injury to the girl, while the other alleges they seriously injured her by failing to provide medical care, food and water.
Tuesday was the first day in Ashley Schwarz’s trial before Ector County District Court Judge John Shrode. Daniel Schwarz will be tried separately at a later date.
Deputy District Attorney Carmen Villalobos told jurors during opening statements the first officers on the scene assumed the 8-year-old died as a result of heat stroke while jumping on a trampoline, but when investigators spoke with her 7-year-old sister they learned that wasn’t the case.
“They weren’t playing. She and Jaylin were in trouble and that day they were made to go outside and jump on the trampoline as punishment,” Villalobos said Jayde Schwarz told officials.
The little girl further told investigators they weren’t allowed to come inside from the heat, Villalobos said.
“The defendant left her outside to die. She was given no food. No water and no protection from the merciless sun,” Villalobos said.
Defense attorney Scott Layh told jurors the idea Jaylin didn’t have access to food or water was “absolutely absurd.”
There were water bottles in the fridge and a hose outside, he said. The girls had also been made breakfast and lunch that day.
“Ashley Schwarz was an incredible, loving parent and that’s going to come out clear and true through the testimony of Jayde,” Layh said.
Layh explained Ashley Schwarz and her husband began caring for the girls in 2017 after they were taken away from their methamphetamine-addicted mother.
He told the jurors they will see through a scrapbook the wonderful memories the family made together on trips and special events. Ashley, a teacher with a master’s degree, homeschooled the girls.
She went “above and beyond” for the girls by taking them on field trips as part of their schooling, Layh said.
The Schwarz family has been “ripped apart” by Jaylin’s death, he said.
“This case does not need to be in front of a jury, but it is,” Layh said.
Following opening statements, jurors heard from two Odessa Police officers and saw their body camera footage. An Odessa Fire Rescue division captain also testified.
All three testified Jaylin was already showing signs of rigor mortis upon their arrival, meaning her body had begun to stiffen and discolor.
Lt. Caleb Lacey said he arrived at the Schwarz house within minutes of being dispatched to a call about an unresponsive child.
He found Daniel Schwarz giving CPR to an unclothed Jaylin on the floor of the bathroom and he immediately took over.
His body cam footage showed the girl on her back, eyes open, her arms mottled. Lacey can be heard asking how long she’d been outside, noting she is already stiff.
Both Lacey and OFR Division Captain Terrey Brumbalow told jurors Jaylin’s body was much hotter to the touch than normal. Brumbalow said almost immediately he determined Jaylin wasn’t “viable” and CPR was ceased.
OPD Officer David Morgan questioned Ashley and Daniel Schwarz upon his arrival and those conversations were caught on his body cam.
Ashley Schwarz was highly emotional throughout her interactions with Morgan, while Schwarz, who was holding Jayde the entire time, remained unemotional.
The couple said both girls went outside shortly before noon to jump on the trampoline, but Jayde eventually came inside. They saw Jaylin jumping at 1 p.m. and playing with the family dogs at 1:20 p.m.
Daniel told Morgan he went outside a few minutes later to take out trash and he found Jaylin on the ground. He initially thought she was napping because he said she likes to sleep, but she didn’t respond when he asked her for help with the trash, one of her favorite chores.
He told Morgan when he picked Jaylin up, she made a noise and he rushed her inside to cool her down with water. He then noticed she wasn’t breathing and he began CPR.
When he and Ashley stripped her, Daniel told Morgan he noticed she’d started turning purple.
When Morgan offered to call a chaplain for the couple, Ashley said she didn’t know if she wanted one, before crying out, “I don’t understand. She was just fine.”
She also spoke about how just minutes earlier she was thinking Jaylin was getting filthy while playing with the dogs and was going to need a shower.
Former OPD Crime Scene Technician Danielle Rudolph showed jurors picture after picture of Jaylin’s body. She pointed out her purplish hands, arms and toes, but she also directed the jurors to the large red splotches on her knees and orange marks on her back and shoulder blades.
The trial is expected to wrap up on Friday.
Layh told jurors during voir dire there was a good chance his client will be testifying.
