Eugene Miller allegedly followed Rosetta Ewell around, showing up at her birthday party as well as at school and other places to show her that she could not hide from him and to prove that he was in control of saying when their relationship was over, according to Assistant District Attorney Jennifer Sigall.

“He would show her over and over again who was in control and who would be the one to decide whether their relationship was over,” Sigall said, adding, “When the defendant said to Rosie if I can’t have you, no one can, he meant it.”

Things came to a head on July 24, 2015, at around 8 a.m. outside the day care center when Miller allegedly shot Ewell just outside the day care. Their daughter “reacted to the sound in horror,” as did another child who had been dropped off that morning.

Additionally, Miller was seen on video leaving the day care center, and the owner said that Miller was loitering there, though he did not drop off the child.

However, Miller’s lawyer, Bryan Konoski, insisted that the only evidence the prosecution had was circumstantial.