OSHKOSH, WI (WTAQ-WLUK) – The man who allegedly shot his ex-girlfriend, killed her father, and shot another man, will testify his actions were in self-defense, his attorney said Friday.
Joshua Aide allegedly shot his ex-girlfriend Rebecca Borkowski, 33, shot and killed her father, James Gruettner 59, and shot another man, John Miller, 57, who was at the Minnesota Ave. home to repair a radiator on Aug. 4. A five-day trial is scheduled for May 3.
During a motions hearing Friday, Winnebago County Judge Scott Woldt ruled on what evidence about what encounters between the parties before the Aug. 4 shootings would be allowed at trial.
Defense attorney Scott Ceman said Aide would testify his actions were in self-defense because he was ambushed. However, Asst. District Attorney Amanda Nash argued there was “no basis” in the evidence for that claim.
Meanwhile, Aide has also entered a not guilty by reason of mental disease or defect plea. However, the parties weren’t ready to discuss a recent psychology report at Friday’s hearing, so it will be address at an April 30 hearing.
The not guilty by reason of mental disease or defect pleas means a two-phase trial would be held. First, a jury would decide if Aide is guilty of the crime. If convicted, a second phase of a trial would be held to determine if Aide should be held responsible for his actions due to his mental state at the time. If the jury accepts the so-called insanity plea, psychiatric treatment would be ordered. If not, Aide could be sentenced to prison.
According to the criminal complaint, Aide and Borkowski co-owned a vehicle.
“The Defendant became upset over the fact that someone was going to be working on his vehicle,” the complaint states.
After his arrest, Aide denied killing anyone. But shortly after the shooting, admitted to a friend about his role in the shooting, according to the complaint.
Aide and Borkowski dated about five years before breaking up in March. In the days before the shooting, the two exchanged messages in which she declines his requests to get back together, the complaint states.
“The messages between the Defendant and (Borkowski) from the day of the shooting address the work (Borkowski) was planning to do on their mutually-owned vehicle. (Borkowski) indicates that she is replacing the radiator and someone is coming to help her. The Defendant demands that she stop whatever she is doing. He suggests that he drive up and help her. (Borkowski) declines his offer and states she wants the vehicle “outta here this weekend.” The Defendant continues sending her messages stating “don’t touch the radiator.”,” the complaint states.
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