WEST PALM BEACH, Fla. — The retrial of a retired Palm Beach County deputy charged with first-degree murder is currently underway in a Palm Beach County courtroom.
Carlton Nebergall is accused of shooting and killing his estranged son-in-law, Jacob Lodge, in February 2018. He's pleaded not guilty to the crime.
A mistrial was declared in December because a juror was caught using a cellphone while Nebergall's defense attorney was giving his closing arguments.
Nebergall has never denied shooting and killing his son-in-law, but the argument is over Nebergall's intentions at the time of the shooting. Prosecutors claim it was murder. Nebergall's defense attorneys said it was self-defense.
At the time of the killing, Lodge was married to Nebergall's daughter, Katrina, and the couple shared two sons together, according to court records. But Katrina Nebergall and Lodge were living apart from one another, having recently filed for divorce.
According to testimony, Katrina Nebergall moved in with her father after.
On the night of the shooting, Lodge showed up outside of his estranged father-in-law's home to exchange children's clothes with his wife. That's when witnesses said Carlton Nebergall came outside and fired one warning shot into the area.
The former deputy testified Tuesday that he feared for his daughter's safety.
"I knew that I was no match," Nebergall said. "He outweighed me so I went to my room and I got my gun."
Court records show at the time, Lodge was not supposed to be near his father-in-law. A no-contact order had been issued in 2017 after Lodge was caught stealing about $9,000 worth of jewelry and tools from his father-in-law and pawning them. The 36-year-old Lodge pleaded guilty to the crimes and a no-contact order was part of his two-year probationary period handed out by a judge.
Defense attorney Michael Salnick argued that Lodge violated the no-contact order, but a probation officer said otherwise.
"In regards to Mr. Lodge being on the roadway of Mellow Court, would that have been a violation of Mr. Lodge's probation," Assistant State Attorney Lauren Godden asked Linda Mazzella.
"No," Mazzella answered.
After the warning shot, investigators said Lodge got in his car and started to drive away, but stopped and got back out of his car, walking toward Nebergall.
A jury must decide whether that shot was in self-defense or in cold blood.
