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NEWS- Closing in? Foul play now cited in Abshire death


Published March 6, 2008 in issue 0710 of the Hook


Grief over the death of their daughter is compounded by the pain of not knowing how she died, says Steve Swartz, seen here dancing with Justine at her wedding on May 28, 2006-- five months before her death.
PHOTO COURTESY SWARTZ FAMILY
Sixteen months after Justine Swartz Abshire was found dead on a dark and winding country road in Orange County, the apparent victim of a hit and run, newly released state police information seems to support her parents' long-held belief that her death was no accident.

Although Justine, a 27-year-old kindergarten teacher, had reportedly called her husband to pick her up after her car broke down that night, police now say two independent mechanics found nothing wrong with her 2002 Ford Mustang, which started up at the scene of the accident. Even more significant, however: Justine may not have been hit by a car.

While police haven't yet released the full autopsy report, Special Agent Mike Jones of the Virginia State Police now reveals, in contrast to earlier reports that called her death merely mysterious, that Justine was quite possibly a victim of foul play.

Jones says Justine sustained "massive amounts" of blunt trauma sometime before her death and that he doesn't believe she was hit by a car-- or at least not while she was upright.

"We don't feel she was standing in the road," says Jones, citing an absence of "strike points," leg injuries that correspond to a car or truck's bumper.

Although Jones wouldn't elaborate on the location of the injuries, he says some of them gave police additional reason to doubt the hit-and-run theory. He also declined to answer whether she could have been struck by a car while she was lying down or otherwise incapacitated. The official cause of her death is still undetermined.

Eric Abshire has said he discovered his wife lying in the middle of Taylorsville Road, about 200-300 yards from her car, then ran to a nearby house to call 911. But Justine's parents say she was afraid of the dark and was so safety conscious that she would not have gotten out of her car to walk alone along a dark, deserted road-- particularly if she knew her husband was on the way to help. They also note the temperature was 35 degrees outside, and Justine's coat-- as police have also now confirmed-- was left in her car, along with her cell phone and purse.

Justine's parents, Steve and Heidi Swartz of Chattanooga, Tennessee, say the newly released information bolsters their belief that their daughter was murdered. And while they say they remain open to any possibilities, they are still unsatisfied with the account they say their former son-in-law gave to them of the night Justine died: that he and Justine argued about his mother's health, that Justine left the house, and that she called him late at night for assistance.

Justine was not feeling well, says her mother; she had already called in sick for the next day at her job at Culpeper's Emerald Hill Elementary School. She also typically went to bed early, they say, so it would have been highly unusual for their daughter, whom they call a "homebody," to be out so late at night. Also troubling to the Swartzes: Abshire's decision to retrieve his wife on his motorcycle, which they said she was fearful of riding.

Abshire, approached outside the Charlottesville District Court Tuesday, March 4, where he appeared as a defendant in a civil case brought by the UVA Credit Union, declined comment. "I spoke to some people," he said, "they told me to have nothing to do with you all."

As the Hook first reported in a June 7, 2007 cover story "Justice for Justine," two months after the accident, the operator of a Greene County storage unit just half a mile from the accident scene discovered a stolen black Ford Expedition parked inside an unlocked unrented unit. According to an employee of the nearby Seminole Auto Sales dealership, Eric Abshire had looked at that Expedition on the car lot less than a week before the car was stolen on October 29, 2006-- five days before Justine died. The same day Abshire looked at the Expedition, a salesman revealed, a key to the vehicle went missing.

Special Agent Jones says investigators are still waiting for results of certain forensic tests, but he is optimistic the case will eventually be solved.

"Every day we're coming closer and closer to the truth," Jones says.

He and Justine's parents, however, believe there are people who know more about the night Justine died than they've revealed thus far.

 "We appeal to people to stand up and do the right thing," says Jones, who says he considers no tip too small. Speaking to anyone who might have information they haven't yet shared, he says, "Don't ever underestimate the importance of what you know."

The Swartzes, who have offered a $50,000 reward for information leading to a conviction in the case, say they too are confident arrests will be made, and they continue to hope anyone who might know something about their daughter's death will come forward.

"Now is the time they need to decide which side of this they want to be on when it goes down," says Steve Swartz.


Justine's widower, Eric Abshire (center, white sweater), speaks to her father, Steve Swartz (right, black coat) at a vigil held in downtown Orange on the first anniversary of Justine's death.
FILE PHOTO BY JAY KUHLMANN

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OK, all you useless bloggers and your wild stories defending him. What do you have to say now?

posted by It's going down at 3/6/2008 9:54:28 AM

It is just a matter of time. The true somehow always comes out. You can only hide for so long. You took away a wonderful person and you will pay the price. So, stand there and keep looking smug because the day is coming when the truth comes out. You won't be able to have that smug look any longer.

posted by not much longer at 3/6/2008 1:12:48 PM

I don't see anywhere that Mr. Abshire is being accused. Only that it COULD be foul play. Why did it take 16 months to get an autopsy report back? Was the body reexamined? This just seems a little strange to me.

posted by Question at 3/6/2008 1:59:03 PM

If you'd read the article it doesn't say when the autopsy report came back. Usually they release that kind of info when the investigators want the public to know. Additionally you can't reexamine a cremated body...

posted by Here's an answer for you at 3/6/2008 3:34:25 PM

Time is a wonderful thing, which we have plenty of!

posted by FatherTime at 3/6/2008 6:04:10 PM

Time is a wonderful thing, which there is plenty of!

posted by FatherTime at 3/6/2008 6:04:57 PM

Excuse me, I didn't realize the body had been cremated (there was no mention of that in the article). I just read that "in contrast to Earlier reports that called her death merely mysterious, that Justine was quite possibly a victim of foul play". Where did these earlier reports come from, if not from an autopsy? Not taking sides, just curious to those to know.

posted by Question at 3/7/2008 7:29:28 AM

Obviously the investigators have known this information for quite awhile. It takes time to put the pieces of the puzzle together. They are not going to come out and say that her death was foul play right after it happened... they are going to wait until they can prove/have concrete evidence that it was foul play(which, by the way, they have suspected since day one). It's ironic really, to think that whoever killed Justine really thought they were going to get away with it...that all of this would just "go away"...makes ya really sweat now doesn't it Mr. Abshire??

posted by Justice for Jusine at 3/7/2008 8:30:27 AM

What this article failed to mention is that Justine AND Eric were at the dealership. They were looking to test drive this vehicle but the salesman COULD NOT find the key. Why does the Hook not include all information, such as the fact that Justine was with Eric and the key was missing then, instead of just bits and pieces and Innuendo. Is it just for sensationalism?

posted by Not reported at 3/7/2008 8:31:16 AM

There's been so many unsolved murders lately, I will believe an arrest in this case when I see a conviction. The murder of girl coming to Charlottesville to shop with her mother is still unsolved. The murder of the girl sitting in her car and shot in the back of the head in Gordonsville remains unsolved. That's just two right off the top of my head. There are others.

And as far as pointing fingers at suspects, it wasn't too long ago people pointed at OJ. But we all know the jury found him innocent of all charges and tarnished his character and reputation.

posted by Sick Of The Local Rambos at 3/7/2008 9:34:15 AM

The OJ jury did not find him innocent. It found that the State did not prove, beyond a reasonable doubt, that he was guilty. A civil court found OJ responsible for the death of Ron Goldman and awarded the Goldman estate money damages. Obviously, this would not have happened if OJ had actually been found "innocent."

"Beyond a Reasonable Doubt" is a high standard of proof for the Commonwealth to prove. An acquittal of a charge is simply an indication that the Commonwealth did not meet that standard.

posted by backwoods southern lawyer at 3/7/2008 4:10:38 PM

Yeah, I personally think the case went south real fast when a sworn cop carrying a badge and gun committed perjury by denying his using racial slurs in his everyday normal conversations. And then it was proven beyond a reasonable doubt that he was a total pathetic liar. This of course was the same cop who found the magical bloody glove that wouldn't even fit OJ.

We can't give a man a jury trial and then dispute the jury's findings. We have the best legal system in the entire world. Supposedly.

Having said all of the above, I must say the legal system has always been good to me. I have never come across anything but totally competent judges who aren't afraid to break one off in the cops when they deserve it. :)

posted by Sick Of The Local Rambos at 3/7/2008 4:27:28 PM

Why is everyone afraid to post their name, yet attack everyone else's post? If you're all so committed to your opinions, why not let it be known who you are? Instead, you're hiding behind masks...

I want to start off by saying that this is finally news that I personally was looking for. I'm not saying that I am glad that it's necessarily pointing to Eric, but I am glad that it's pointing to "something" and that the case is still ongoing and not "cold." With all these police TV shows, everyone expects cases to get solved in an hour, when in reality, it often takes months or even years...

The truth will eventually come out, thank God for her family and friends, and when it does, all those above who have hidden behind their masks will be free to not have to anymore...but I bet that once the truth does come out, those people will be awfully silent...

posted by Matt at 3/8/2008 2:42:02 PM

"Time is on our side, yes it is"

It's wonderful that there is finally some forward momentum in this case. It's only a matter of time now. There is no doubt in my mind that those responsible WILL be brought to justice. Until then, they will be in an internal prison of their own making.

On a separate note, what a beautiful picture of Justine and her father. It looked liked a lovely wedding. Would've like to have seen a picture of Justine and Eric. Funny, there doesn't seem to be a lot of those printed in the media.

posted by Rose at 3/10/2008 12:22:12 AM

Matt, I don't think anybody is hiding behind any names here. After all, "Matt" doesn't tell us a whole lot about you now, does it?

I think everybody would like to see an arrest in this case, the sooner the better. But we've all said the same thing about the other cases I have mentioned as well. Isn't the unsolved murder case in Culpeper about 12 or 13 years old now? And the other murder in Orange is at least 2 years old now? Albemarle County has a suspicious death that's over 40 years old now.

posted by Sick Of The Local Rambos at 3/10/2008 10:09:54 AM

Sick of Local Rambos:

I want to start off by saying that "Matt" is alot more forthcoming than "Sick of Local Rambos." I did not give a last name as to not affect professionalism/bias among this matter...

My point in my post was that so many people attack others in similar posts like these; as if anonymity gives people the right to just slap others in the face...and that's unfortunate...

I do agree with you, though. I think everyone is waiting for an arrest in this case, and the sooner the better. Untimely deaths would idealistically be solved quickly so that family members can get some closure. For those that you mentioned, I feel terrible that they have had to endure what they have had to for so long...

posted by Matt at 3/10/2008 10:39:46 PM

Well, it's pretty interesting...Over 60 comments on the first storey about Justine then over 100 on the second. Maybey with the new ifno people whe defend hem have decided that he is not to be beleived. makes you wonder. Not much to say now, is their

rest in peace Justine, the truth is coming.

posted by Brenda at 3/12/2008 8:08:43 PM

Just curious, has Mr. Absihre been formally accused of anything? I haven't seen that he has been arrested or anything. It was stated earlier that he was quesitoned, but if there is all this evidence against him why not. There are a few folks out there who seem to have the "inside scoop", such as what evidence the police have, results of the latest autopsy report, etc.

Just maybe people are begining to realize that "Innocent until proven guilty" is a good thing in this county. But the system is not foolproof, there are a lot of innocent people in the prison system today, many who have been exronated and some who have been exronated after being put to death. Just something to think about.

posted by Question at 3/13/2008 12:00:39 PM

To Qeustion,

It cuts both ways. Lots of guilty people are still free.

posted by Brenda at 3/13/2008 9:35:45 PM

To Not Reported,

I didn't see anything in this article about a car or a missing key. When are you going to give this sad story up? Everyone knows it doesn't make sense, and it's just more stuff to cover upthe truth. Everyone knows what really happened.

posted by Brenda at 6/13/2008 9:34:36 PM

It was obvious to everyone-her friends and coworkers and even strangers who read about it-that it wasn't really a hit and run accident. Why did it take so long to release this info to the public? And was the house ever searched and tested? I'm so sorry Justine ever got mixed up with those people. She deserved so much better!

posted by a friend at 6/13/2008 11:26:40 PM

Thank the Lord! Things finally seem to be going somewhere in this case. The guilty one(s) will PAY for what they did and for covering it up. Sad to say, some people are evil, and without the conscience that would make a normal person filled with grief and guilt. I pray daily that the police get/have enough hard evidence to bring to the commonwealth to ensure a conviction.

posted by someone who cares at 6/17/2008 8:42:43 PM

Somebody brutally murdered this beautiful young girl. The abusive husband will not take a lie detector test. I pray that he is charged and found guilty soon and that his state has the death penalty.

posted by Truth seeker at 7/30/2008 11:20:11 PM

First let me start by saying that anyone who has ever worked in the legal field knows that Attorneys never recommend for anyone to take a lie detector test. It is a no win situation. If he passes they will just say he knew how to fool it and if he was a little nervous (who wouldn't be having all that stuff hooked up to you) and failed they would say he was guilty even if he isn't. The thing about reading a story is you believe what you read because well it's in print so it must be true. Right? As you read the story ask yourself a few questions, Do you enjoy visiting your in-laws or do you do what I do and tell my parents my husband is working whenever I go visit. My parents never liked my husband because he came from an upper class family up north and we are just country folk. I think Justine's parents always felt Eric was beneath their daughter. They talk about violations in several counties....who hasn't had a speeding ticket; it doesn't make you a bad person. How many men do you know out there that want to talk about their feelings ... Especially when they just left their dying mothers bedside who he loved very much. The story written is designed by grieving parents who wants to put the blame of their daughters death somewhere and on the son-in-law they never really liked is a good place. The article doesn't mention that Eric has been questioned several times by police, vehicles and home searched and NOTHING in his story has changed and nothing has been found linking him to the crime. He also is the one who posted the fliers that you see in just about every store and business in the area. Regarding the vehicle that is mentioned stolen from the same lot that Eric & Justine had visted, what isn't mentioned is Justine and Eric had gone there to test drive this car and the employee couldn't find the key. Eric and Justine never entered the building. They waited outside for the man to return w/ the key. He couldn't find the key and Kevin, an employee, said he would have one made and to come back another day. They went 2 or 3 additional times to try to test drive this car. The car was then stolen at a later date. So the key was already missing the first day they went to test drive the car and it wasn't stolen until later. HOw many other people had visted that lot that day. If he stole the vehicle how did he hide it from Justine and if he had hid it in that storage shed where it was found do you really think that he left his house after his wife called, drove his motorcyle to the stoarage shed, got the truck, drove back to where Justine was, hit her, drove back to the shed got the motorcyle and drove back to where justine was to find the body. That just does not make sense. There was also no mention of there being any damage to the front end of that vehicle. As far as Eric not using his cell phone, I don't know how many of you live on back country roads but I do and I can tell you there are "dead spots" where if my car broke down I would have to walk a small distance to get a signal. Maybe that was why Justine was so far from her car and her cell phone was found not far from her. Just a few things to think about. Justine was an incredible woman and had the sweetest voice and smile of anyone I knew. I never thought it to be fair that GOD takes the good ones so young. I do hope her killer is caught and prosecuted to the furthest extent of the law. I hope her parents and Eric find some type of peace.

posted by Annoyed at 7/30/2008 11:45:31 PM

What is up with this investigation. The authorities got nothing. First its the husband. He was first on the sceen. Next she was not hit by a car while walking or standing. Then you have the mysterious SUV with a report the husband had been looking at the SUV and it appears a year later in a storage unit.

Is there damage to the SUV consistent with the injuries? Where is the medical examiners report? Seems the detectives are just trying to bait out some responces or scare someone into talking they think might have information.

The real question is if the investigation is on going and meritorious they would be releasing some concrete information and asking for specific help.

As far as the polygraph test I would point you to the "Runaway bride story out of Georgia" where the fiance was asked to take the test refused unless it all could be made public information. The GBI refused the condition the fiance refused the test. Within a week the bride was found in Vegas. Again the detectives were using the polygraph to manipulate the likely suspect to tell them what really happened.

Seems the investigators need to start telling the truth and stop hiding the cold case behind a most likely suspect and let folks know what if anything they are doing to solve the crime AND WHAT THEY HAVE DONE SO FAR.

If it wasn't a hit and run, then what type of murder weapon are they looking for? Do they suspect a bloody crime sceen elsewhere? Were the injuries sustained over days, hours or a single moment?

Not all case will be solved, but I think everyone should expect a diligent effort to explain the death. Enough with we can not disclose that as the case is still under investigation.

posted by Please at 7/30/2008 11:49:18 PM

Maybe she was pulled over by a "cop" type...

maybe someone saw her stopped and got aggressive... Maybe she had a secret...

I'm from Virginia...those small towns are rife with "mysteries"...I keep remembering the Ramsays

who were relentlessly pursued by Denver...

posted by Raye at 7/31/2008 12:09:16 AM

Really, the most telling thing is that after he found his wife in the road, he forgot that he had a cell phone to call an ambulance? I know that if I found someone that I love hurt, my cell phone is the first thing I am reaching for to call for help. Instead he ran to a neighbors to use their phone, that is just such a simple and telling lie.

posted by WHATHEFCK at 7/31/2008 5:01:33 AM

Before this ever happened maybe a year before, I met Eric Abshire and his business partner Mr. Green. I honestly don't know his first name they were partners in a business called E&L hauling... All I do know is that they had some financial issues with this company and that there were tons of note about FRAUD with their company and giving them credit.

Since I heard about her murder I felt as though he was involved. There are just too many odd things going on with her husband and the shady people that he associates himself with.

Also, if you've ever been on those roads NO WOMAN in her right mind is getting out of her car there! I don't care who stops if it's not the person that you called late at night you are not getting out. I'm sure that if a police officer had pulled her over she would have said "my husband is on the way" I think Eric left to use the neighbors phone while she lay there dying! Her phone was in the car, if something was wrong with his would that be the next logical place to look??

posted by Just a thought at 7/31/2008 1:07:12 PM

I read where HER cell phone was in the road about 60 feet from her body. Which is it, really? In the car or in the road? Also about her coat. The parents say she was ill that night and an early to bed person. If she ever even LEFT HOME why would she do so WITHOUT HER COAT? And then, what's this about her coat in the car? Mad inconsistances here. Please make clearer. Peace be unto the families. I think she was murdered elsewhere and brought to the scene. Does anyone know what Justine was wearing?

posted by Darren at 7/31/2008 4:12:10 PM

Be careful about promises of reward money. I solved a double murder that had a $10.000 reward...only half has been paid..the one family refused to pay once it was solved.

posted by E.G. at 8/1/2008 4:41:45 PM

I knew Eric in high school, he was never a violent person. All the comments accusing him of being guily are people who do not know him, or met him for a brief while. What does the comment posted regarding the people he associates with mean? Who are we to judge? People ask why he didnt use his cell phone. If I had just found my spouse dead in the middle of the road im sure i would not be thinking clearly either. My heart goes out to all of Justines family, but it does no good to keep accusing Eric. I think people want this to be solved and they are looking in one direction only, this would not be the first time police and grieving families have done so.

posted by tonya at 8/4/2008 5:44:14 AM

There is someone out there, other than Eric or Jesse, that knows what happened to Justine. W****, I pray for you every night. I cant even imagine how scared you must be. Please dig down deep in your soul and find the courage to come forward with what you know. You know what time Jesse left the house to go help Eric. There are people that love you and will protect you and the kids from any harm. You need to think about your son and the one on the way. Dont you want more for them then to be raised in this drama? Say what you know, then, get those kids as far away from these killers as possible. You will find a new freedom.

Today is a new day… It doesnt matter that you have keep your lips sealed up to this point. You can choose to do the right thing TODAY! W****, The weight of the world is on your shoulders as long as you hold this secret in. Let it out, and the people that love you and care about you are here to help. Just think: If R***** was still here, what would he want you to do? My prayers are with you. ~Peace

posted by TheRiteThing at 8/6/2008 4:13:55 PM

This story does not sound right at all........I too have known Jesse and Eric for many years. Eric was always a little player but neither he nor his brother were ever violent. I do however think that people can change and things do happen that can cause even the most sane person to snap....I do not want to believe that someone that I spent so much time with is capable of killing someone.

TO be honest, you have to be really smart to be able to hide something like this for so long and I think that Jesse and Eric are too stupid to have done this.

posted by Back in the day at 8/11/2008 10:06:12 AM

For those who say they know him so well...don't know the half of him he has been violent in his past and is nothing but a lying cheating womenizer who take advantage of neone he can

posted by Quilty at 8/22/2008 12:35:27 PM
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