MK True Crime — Episode Summary

Episode Title: New Details in Teacher Shot by 1st Grader Trial, Model Kills Photographer, and Mom Slain by Margarita
Host: Jonna Spielbore
Guests: Arthur Aidala (NY Trial Attorney), Ashley Merchant (GA Defense Attorney)
Date: November 5, 2025

Episode Overview

In this lively and insightful episode, attorney and host Jonna Spielbore is joined by Arthur Aidala and Ashley Merchant to tackle three shocking cases making headlines:

1. The ongoing civil trial of Abby Zwerner, a teacher shot by her first-grade student.
2. The Las Vegas photo-shoot killing, where a young model claims she accidentally shot her boyfriend.
3. The tragic death of an Oklahoma mom after drinking a poisoned margarita at a restaurant.

The trio discusses legal culpability, societal failures, policy implications, and the human stories behind these jaw-dropping incidents. The episode is marked by legal expertise, banter, and the hosts’ trademark irreverence.

Case 1: Abby Zwerner Civil Trial — Teacher Shot by a 6-Year-Old

[01:05–17:12]

Backstory

• Abby Zwerner—an elementary schoolteacher in Virginia—was shot and nearly killed by a 6-year-old student.
• Zwerner is suing the assistant principal for $40 million, claiming warnings about the child (known for violent behavior) were repeatedly ignored.

Key Discussion Points

• Teacher’s Warnings Ignored

  • Despite Zwerner’s repeated warnings about the student and suspicion of a gun, the assistant principal opted not to act decisively.
  • “She followed protocol and was essentially ignored.” — Jonna Spielbore ([06:53])

• Negligence and Alternatives

  • Ashley highlights missed steps such as “wand the child’s backpack” instead of a body search ([04:10]).

• Mother’s Liability

  • The 6-year-old’s mother faces state and federal prison for negligence and firearm charges.
  • “Mom’s doing two years in jail on a state charge and then she’s got to do another 21 months in jail on a federal charge…” — Arthur Aidala ([05:29])

• Systemic Failures and School Safety

  • Both guests, as parents, express terror over school violence and discuss the inadequacy of current policies ([09:09]).
  • Discussing the aftermath and likelihood of Zwerner winning the case given the severity of her injuries and institutional negligence.

• Potential for Criminal Charges against School Officials

  • Is the assistant principal criminally liable?
  • “That’s a bridge too far for me as well… I think we over-criminalize cases as a society.” — Ashley Merchant ([15:12])
  • Parallels are drawn with the Ethan Crumbley case, but consensus is civil liability is more appropriate than criminal charges for the assistant principal.

Notable Quotes

• “The bullet went past the heart and just barely missed it and then also ended up within 2 cm of the biggest artery in the entire body” — Medical testimony ([11:53])
• “Every single student in that classroom could have died. And who’s responsible for that?” — Jonna Spielbore ([14:37])

Timestamps of Key Segments

• [07:32] Audio of how teacher’s warnings were dismissed
• [11:45] Medical testimony on bullet’s path and victim’s injuries

Case 2: Model “Accidentally” Shoots Photographer Boyfriend in Las Vegas

[18:39–26:14]

Incident Summary

• Alessandra "Ali" Blair (20), an aspiring model, claims she accidentally shot her boyfriend Mark Gogan (23) during a gun-themed photo shoot in Las Vegas.
• She was drinking and posing with a loaded gun; her finger was on the trigger even while putting the gun in her mouth.

Key Discussion Points

• Las Vegas Gun Laws

  • Extremely lax; open carry is legal and requires no permit ([18:39]).
  • The hosts express shock at legal and cultural differences from other states.

• Criminal Liability, Jury Considerations

  • Ashley: “I think as a defense lawyer, you’re going to try and keep this out of a jury as much as possible… I think a jury’s not going to like her” ([21:25]).
  • Jonna and Ashley note that “gun people are also gun safety people,” meaning such a jury may hold foolish behavior with firearms more harshly ([24:26]).
  • Arthur: “The biggest issue…is that gun was loaded and ready to be fired…at worst it should be a negligent act, not intentional” ([23:13]).

• Circumstantial Red Flags

  • Social media posts by Blair indicated a “fascination with guns” and “I would love to shoot somebody and get away with it” ([23:13]).
  • There are other indications of possible substance abuse and pre-existing relationship instability.

Notable Quotes

• “When you allow people like that to legally open carry, you’re asking for trouble.” — Jonna Spielbore ([23:56])
• “Every time I’ve picked a jury amongst gun people…the one thing I’ve learned is gun people are also gun safety people.” — Ashley Merchant ([24:26])

Case 3: Death by Margarita — Restaurant Serves Poisoned Drink

[28:25–38:33]

Incident Summary

• Holly Hill, a mother from Oklahoma, died following complications from ingesting a margarita tainted with a commercial-grade cleaning chemical at a Mexican restaurant.
• One sip caused instant, catastrophic damage. She suffered for years before dying from her injuries.

Key Discussion Points

• Negligence or Homicide?

  • “This is beyond reckless, beyond negligence.” — Jonna ([28:25])
  • Arthur and Ashley explore how industrial cleaners could inadvertently end up in a drink.
  • Debate whether “recklessness” in a kitchen rises to the level of criminal conduct, or if it remains a tragic accident ([31:05]).

• Legal & Regulatory Failures

  • Why didn’t the restaurant get shut down?
  • Insurance and compensation issues: Settlement paid reportedly wasn’t enough to cover medical bills. “Here in New York, she would have gotten at least one more zero added onto that” — Arthur ([33:26]).
  • Potential code violations for storing chemicals near food/beverages.

• Causation and Proof

  • Extended discussion around proving causation, standards of evidence, and the adequacy of the legal remedy ([35:21]).

Notable Quotes

• “Who would go there? … How are they passing inspections after this?” — Ashley Merchant ([34:50])
• “The municipality should be ashamed of themselves for letting them continue to operate.” — Jonna Spielbore ([35:05])

Brief: Judge Resigns after Public Intoxication

[38:41–43:21]

• Arizona judge Christine Cheff Olsen resigns after being caught on film urinating and vomiting in public.
• Lively debate about whether a moment of “bad judgment” should end a judicial career.

Notable Quotes

• “If this is a judge I like, I don’t care that they’re peeing in bushes… We got enough shitty judges out there.” — Ashley Merchant ([41:16])
• “When you get these prestigious positions… you are held to a different standard.” — Arthur Aidala ([42:15])

Listener Mailbag and Closing Arguments

[47:34–59:34]

Listener Question

“Have you ever wondered if a case you were prosecuting or defending may be a ‘setup’ or false confession? If so, what did you do?” — Claudine

• Arthur shares his first case as a defense attorney, involving a coerced confession ([48:26]).
• Ashley describes the Ryan Duke/Bo Dukes case involving a false confession and “setup” ([49:56]).

Final Arguments

• Ashley: Explains the grand jury process, how it’s one-sided and not a guarantee of guilt (“You can indict a ham sandwich.”) ([50:59])
• Arthur: Talks about the role of judges and the extra standards they must meet—“respect for the law, respect for each other” ([53:23]).
• Jonna: Delivers a humorous commentary on the horrors of daylight saving time and rural justice in small-town New York ([56:27]).

Notable Quotes

• “When you get up in the dark, work in the dark, and come home in the dark, you’re too tired to kill anyone. That’s how.” — Jonna Spielbore ([58:30])

Episode Highlights & Memorable Banter

• Frequent references to the unintended consequences of policy and legal changes regarding guns, schools, and restaurants.
• Banter about legal practice, personal anecdotes, and irreverent takes on the stresses of the justice system (“God doesn’t discriminate against potty mouths.” — Jonna [12:55])
• Playful jabs about courtroom attire, jury selection, and the hazards of high heels and margaritas.

Summary Table — Segment Timestamps

| Topic | Key Timestamps | |----------------------------------------------------------------------------------|-----------------| | Abby Zwerner Trial: Civil case, teacher shot by first-grader | 01:05–17:12 | | Las Vegas Model Shooting: Gun accident or murder? | 18:39–26:14 | | Death by Margarita: Restaurant liability and regulatory lapses | 28:25–38:33 | | Judge’s Public Incidents & Judicial Standards | 38:41–43:21 | | Listener Mailbag: False confessions and legal setups | 47:34–50:59 | | Closing Arguments: Grand jury, judicial ethics, humor on daylight savings | 51:00–59:34 |

Episode tone: Frank, witty, unfiltered; legal expertise blended with personal insight and humor.

For Further Questions & Story Suggestions

• Email: mktruecrime@devilmaycaremedia.com

This summary covers the entire episode’s primary content and conversations, skipping ads and promotional sections.