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Zachary Gaskill trial Day 3: State, defense rest cases with phone call as final piece of evidence

"Mom, I won't lie, it was pretty intimidating being in a room with a family when you killed their dad," the defendant said in a recorded phone call to his mom.

DES MOINES, Iowa — The courtroom and jury heard a key piece of evidence for the state's case on Thursday. 

Zachary Gaskill is facing second-degree murder charges for the death of Des Moines architect Kirk Blunck back in 2016. 

Blunck was found in the stairwell of the Teachout Building with severe external and internal injuries. More than half a decade later, evidence and witnesses led detectives to Gaskill. 

Gaskill allegedly had an altercation with Blunck and pushed Blunck over a railing, where he later died from injuries sustained in the fall. For the last two days, prosecutors have pointed out inconsistencies in Gaskill's story and called upon character witnesses who knew Blunck. 

The final piece of evidence presented Thursday was a recorded phone call between Gaskill and his mom — made when he was first arrested.

"In a non-mean way mom, this has to do with the whole me-killing-a-guy thing. I should not be in jail for this right now," Gaskill said. "Mom, I won't lie, it was pretty intimidating being in a room with a family when you killed their dad. They looked like they wanted to kill me, which I understood that, it sucked. I won't lie, I almost cried. My anxiety was so high, it sucked being in there like, I killed your dad."

Throughout the trial, both sides have been trying to show the character of Kirk Blunck. The defense is working to prove an aggressive side of Blunck, in order to validate Gaskill's claims that he was attacked by Blunck. 

The defense has also questioned the architect's character when drinking. At the time of Blunck's death, his blood alcohol content level was a .176. 

Blunck's wife and other acquaintances said he was never aggressive and was a quiet, calm man. 

Another theme of the trial has been sifting through inconsistencies in Gaskill's multiple versions of the incident. 

Gaskill's ex-girlfriends took the stand and shared three different versions of that night, as told to them by the defendant. 

Both the state and defense have now rested their case as all evidence was presented. The defense didn't present any evidence, or call anybody to testify on behalf of Gaskill. 

Gaskill's charges could land him up to 50 years in prison. The state has the burden of proof and must prove "beyond a reasonable doubt," that Gaskill is guilty. 

A key aspect in the charges that must be proved is that Gaskill acted with "malice aforethought."

Malice aforethought is a fixed purpose or design to do some physical harm to another which exists before the act is committed. It does not have to exist for any particular length of time. 

The court will reconvene Friday morning to hear closing arguments before the jury begins deliberations. 

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