Murderpedia has thousands of hours of work behind it. To keep creating
new content, we kindly appreciate any donation you can give to help
the Murderpedia project stay alive. We have many
plans and enthusiasm
to keep expanding and making Murderpedia a better site, but we really
need your help for this. Thank you very much in advance.
Shari Lee
TOBYNE
Shari Tobyne was arrested on a
first-degree murder charge in August after she reportedly admitted
accidentally shooting 57-year-old Dwight Tobyne in late November. This
week, Scottsdale police announced that remains found in December in
three locations had been identified using DNA tests as belonging to
Dwight Tobyne.
Shari Tobyne's lawyer, Anne
Phillips, filed a motion on Sept. 27 asking a judge to order her
client to undergo the mental evaluation. Phillips wrote that she had
difficulty communicating with her client during three visits and later
learned she had a documented mental health history. Phillips declined
to comment.
A judge granted the request
this week. If she is found incompetent, Tobyne may be sent to a mental
facility until she can understand the charges and assist in her
defense.
Shari Tobyne has pleaded not
guilty, and is being held in the Maricopa County jail.
The Tobynes grew up on adjacent
farms outside Clifton, Kan. They moved to the Phoenix area in 2004.
Police were called in July by
one of the couple's three adult children, who told them Dwight Tobyne
had not been seen since before Christmas and had missed the holiday
and the birth of a grandchild.
Scottsdale police spokesman
David Pubins said detectives learned that Dwight Tobyne planned to
separate from his wife and move back to the Midwest in late November.
In early November, Shari Tobyne bought a handgun and went to a gun
club to learn how to shoot.
Shari Tobyne had told her
children that her husband had gone to Mexico in late November, but
police tracked his cell phone in the Phoenix area in December. They
also found his truck abandoned in an apartment parking lot after
opening the investigation in July.
The first-degree murder charge
alleged premeditation. She also is charged with abandoning a human
body.
"The information that we have
leads our investigators to believe that there was some planning that
took place," Pubins said on Friday. "They do have quite a bit of
evidence that helps them come to that conclusion."
Police said Shari Tobyne told
detectives she planned to commit suicide, Dwight tried to stop her and
the gun fired accidentally. She told them she disposed of the body
because she thought no one would believe her.
After police opened their
investigation, they followed Shari Tobyne and spotted her putting a
garbage bag in a trash bin behind a store. The bag contained the gun
she bought in November and clothing.
The remains were found in
December by three different people during outdoor activities in three
Arizona counties. Medical examiners and the state police crime lab
eventually connected them, and when Scottsdale police developed a DNA
profile of Dwight Tobyne, they made the match. Some remains are still
missing.
Court hearings are suspended
until the mental evaluation is complete.
Scottsdale man's remains found in three Arizona
counties
By Jose Zabala and Diana Balazs - The Arizona
Republic