A husband and wife accused in connection with the death of a woman found in a freezer laid out dueling narratives of their relationship in testimony Thursday.
At issue is the concept of “spousal privilege” and whether it keeps prosecutors from using statements that Daniel Roush, 39, is accused of making to Gina Lopez, 53.
To that end, prosecutors tried to show that Roush and Lopez were separated when 68-year-old Monique Gilbertson was found in the chest freezer of her east Las Vegas mobile home in November 2024.
Defense attorney Robert Draskovich attempted to show the opposite: that Roush and Lopez were still a couple at that time.
The testimony, which was limited to the couple’s relationship, touched on gender identity, sex toys and the semantics of separation.
Statements at issue
Authorities said Roush was at Gilbertson’s home with Lopez when police discovered Gilbertson’s body. Roush, who has been described as transgender in records, has also used the name Jazlynn Roush.
Roush faces counts of murder, abuse of an elderly person, burglary, administration of a drug to aid in the commission of a felony and drug possession.
Lopez faces drug counts and a burglary count. An indictment indicates Lopez could have played a role in killing Gilbertson, though she was not indicted on murder or abuse charges. Lopez’s attorney, Monique McNeill, said she did not think evidence supported that Lopez had any involvement in the killing of Gilbertson.
Both Lopez and Roush remain in custody.
Prosecutors have argued that District Judge Tierra Jones should rule that spousal privilege does not apply to communications between Roush and Lopez because they were long separated by the time Gilbertson was found and participated in criminal activity together.
“Lopez told detectives that Roush told her that he provided cocaine and fentanyl to Gilbertson, which caused her to overdose and die,” wrote Deputy District Attorney James Puccinelli in a motion. “Roush also stated that after Gilbertson began overdosing, Roush smothered her with a pillow to kill her faster. Lopez was also aware of this and went over to Gilbertson’s residence anyway, to use drugs and help Roush ‘clean up’ the murder.”
Draskovich has not yet filed a formal opposition to the motion. His position is that Gilbertson died from an accidental overdose.
“We don’t believe the law supports the state’s motion to invade the privacy of these marital communications,” he said after court. “Additionally, based upon the totality of the testimony today, it’s clear that it’s a valid and existing marriage at this time and it certainly was in November of 2024.”
Lopez: ‘We were not together’
Lopez testified that she and Roush were still married, although she is in the process of trying to divorce Roush. They have been married since 2008 and separated since 2021, she said in an April divorce filing.
Their relationship changed because “he wanted to become a woman,” she told the judge, as Roush, who appeared in court wearing a beard, listened.
But they did not formally divorce “because it cost money,” Lopez said.
“We were not together,” she said. “We were not sleeping together.”
Draskovich tried to get her to confirm that she never told police she and Roush were “estranged.”
“I don’t think I said that,” she said. “I don’t know even what it means.”
The defense attorney also asked about her contact with Roush at “the house in question in the case.”
“You slept together in the same bed, correct?” he asked.
“No,” she replied. “He slept on the bed. I slept on the floor.”
Lopez denied having sexual contact with Roush or using sex toys at that point.
Chief Deputy District Attorney Marc DiGiacomo said that there is an effort to negotiate Lopez’s case, but that the parties needed a ruling on the evidentiary issues before doing a negotiation.
Lopez confirmed to the prosecutor that she told police she and Roush were separated.
Draskovich indicated that some of her statements appeared contradictory, including that she said to police: “We weren’t separated.”
Roush: ‘100 percent married’
Roush laid out a counternarrative under questioning from Draskovich, testifying that the couple — who share a daughter — spent time living apart because Lopez would not cooperate with child protective services, which meant authorities did not allow them to live together. Lopez also spent time in jail, Roush said.
“I don’t know what she’s saying, but I was sexually active with my wife in that same house that they arrested us in,” the defendant testified.
Roush indicated that the couple used sex toys together.
And, Roush said, the two were close.
“I always thought we were 100 percent married,” the defendant said.
After Roush said that Lopez was a best friend and soulmate, Lopez, who sat with her attorney in court, snorted.
Roush said Lopez was initially supportive when the couple discussed Roush’s gender transition.
“My wife knew who I was the entire time,” Roush said. “I mean, my wife was cross dressing me when I was in my early 20s.”
The defendant added: “My wife never wants to make up her mind what she’s OK with.”
McNeill, Lopez’s attorney, said after court that she disagreed with Roush’s testimony.
“I think that they have very differing viewpoints of what their marriage was,” she said.
Contact Noble Brigham at nbrigham@reviewjournal.com.
