At 8:30 p.m., LaMarca returned to the bar alone and told Tonya they needed to drive to a relative’s house in Hudson County to pick up Kevin. When they arrived at the house, no one was home.
Tonya claims that LaMarca then raped her and asked her to leave Florida with him. He stated that her feelings for her husband would not last. Tonya then called the police and reported the rape. Police spotted LaMarca walking alongside the road but were unable to apprehend him because he took off running.
The next morning the police arrived at LaMarca’s home. They discovered Kevin Flynn’s body in the bedroom. Bullet cases and blood splatters were found in the living room. A trail of blood led to the bedroom.
A neighbor testified to seeing LaMarca arrive at his house on the night December 2, with another man with whom he appeared to be arguing. Another witness, Jeremy Smith, testified to LaMarca’s confession of murdering Kevin. A prison inmate testified that while LaMarca was incarcerated with him for a different matter, he stated that when he was released he was going to kill Kevin Flynn.
Although there was no medical evidence to support Tonya’s accusation of rape, testimony was provided stating that LaMarca had also raped his stepdaughter.