Police read phone messages between estranged husband, wife, at husband's murder trial

Strained and private conversations, between an estranged husband and wife, were laid bare in an Oneida County courtroom Friday.

Posted: Oct 23, 2020 10:27 PM
Updated: Oct 23, 2020 10:44 PM

Strained and private conversations, between an estranged husband and wife, were laid bare in an Oneida County courtroom Friday. Jason D'Avolio is on trial for his wife, Kerrilee D'Avolio's, murder. His attorney is claiming she killed herself. The weapon:a long gun Jason D'Avolio bought in spring of 2019, a few months before his wife died from a gunshot wound.

Sgt. Greg Facciolo, of the Utica Police Department, is helping Rome Police with the investigation. He analyzed Jason D'Avolio's cell phone, and Friday in court, read countless messages between a wife who needed to move on, and a husband who couldn't let go.

"You're getting yourself to a weight that you're going to be happy with so you you can feel sexy landing my replacement like you did with Justin," Sgt. Facciolo read, from the witness stand.

"Until then love ya see ya in this life or the next," continued Facciolo.

"Another message from Jason D'Avolio's phone read, "I hope loverboy enjoyed your selfies and or nude selfies that you were sending off the bed."

Kerrilee D'Avolio did not encourage her estranged husband; she begged him to leave her alone.

"From Kerrilee says 'stop messaging me.' Twenty three seconds after that, Kerrilee says, 'I need a month or so and I will move out.' Few seconds later, Kerrilee sends, 'I don't want to be with you.' Few seconds later, Kerrilee sends 'there is no other. I want to be alone.'"

"Twenty seconds later, Kerrillee then sends another text, 'if you want ne to be happy, you would let me go.""

The most chilling message was the last one Sgt. Facciolo read in court, from Jason D'Avolio's phone, to Kerrilee D'Avolio, in the hours after she died from a gunshot wound.

"On July 29th, 10:58 am, a text message was sent to Kerrilee 'hey pick up the phone its the police calling you to make sure your'e alive.'"

The prosecution will continue calling witnesses on Monday, as the trial enters week two.

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