Witness breaks into tears under grilling in murder trial following firefighter's death

Billy Tucker's ex-girlfriend was his alibi

HAMILTON, Ohio - Billy Tucker’s ex-girlfriend and alibi broke into tears on the witness stand Wednesday.

There were fireworks in the arson and murder trial of Tucker and his uncle, Lester Parker, after the prosecution ripped into Tucker's defense witness and the witness pushed back.

Tucker's defense offered Kim Brooks as an alibi to cast doubt into the state's claims that Tucker  started the house fire that killed firefighter Patrick Wolterman on Dec. 28, 2015.

Butler County Prosecutor Mike Gmoser took the gloves off  as he attacked Brooks’ credibility and the consistency of her statements.

For Brooks’ part, she smarted off to the prosecutor and had to be told by the judge more than once that she was there to simply answer questions.

Brooks fell into tears after testifying that she thought that she and Tucker were getting back together and that's why she arranged for his ride up to Hamilton from Kentucky. Brooks claimed to have no knowledge of what prosecutors say he planned to do.

But Gmoser questioned her Facebook messages to Tucker stating this is a “sure thing” and questioned whether she might have known.

Prosecutors claim Parker paid Tucker to set his house on fire so he could collect the insurance money.

Wolterman died when he entered the house and fell through the floor.

"I can not go back that far (to) every word that was said,” said Brooks, before complaining to Judge Greg Stephens.

“He's upsetting me, Sir,” Brooks said.

“Ma'am, all of the attorneys in this room have a job to do,” Gmoser replied.

"I'm going my job," Brooks responded.

Because of a scheduling matter with one of the defense attorneys, the trial won't resume until Monday afternoon.

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