Closing arguments Tuesday in Shayna Hubers murder retrial

Hubers retrial continues

CAMPBELL COUNTY, KY (FOX19) - Testimony has wrapped up in the murder retrial of Shayna Hubers who is accused of shooting her boyfriend to death in Highland Heights six years ago.

Attorneys on both sides had one more chance to convince the jury whether or not Hubers' actions were justified.

Prosecution witness and Eastern Kentucky University Psychology Professor, Dr. Dustin Wygant said he spent about 15 hours evaluating Hubers.

"She had a superior IQ, a very high IQ," he said.

Dr. Wygant said he applied several tests to determine Hubers mental condition.

"I diagnosed, based on my evaluation, Ms. Hubers with borderline personality disorder," he said.

[Shayna Hubers retrial: 'She has had an enormous amount of trauma in her life']

That was the same conclusion reached last week by a psychologist for the defense.

But, Dr. Wygant concluded that Hubers' mental state did not impact her judgment in October 2012 when she grabbed Ryan Poston's gun off his dining room table and shot him six times.

"She was able to recall how she felt during the shooting and shortly thereafter," he said.

Carissa Carlisle, who is Poston's step-cousin, said she had a close relationship with Hubers.

"Her feeling and emotions and reactions towards the relationship was unstable," she said. "We were close. She was at my apartment a lot. I considered her almost like a roommate."

When the relationship soured, Carlisle said she confronted Hubers about taking her phone and contacting Poston.

"'Please. Shayna don't take my phone.' I was in the shower... looked out. She had left the apartment with my phone," she said.

Carlisle said Hubers was able to get into her phone read some of the discussions she had with her step-cousin.

"That wasn't suppose to happen and that he never meant to hurt her," she said.

Hubers got 40 years in prison for the crime, but the 2015 conviction got thrown out after it was discovered one of the jurors had a felony on his record.

Hubers and Poston dated on-and-off for two years before he was killed. Hubers claims she shot him in self-defense.

Each side will have a chance to address the jury when closing arguments get underway Tuesday morning.

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