A judge ordered Tommy Wayne Zupner to stand trial for murder July 27 in the death of his husband, Blake Synowski, who died from asphyxia when he was force-fed matzo crackers and water.
The audio in the two-day preliminary hearing in El Cajon Superior Court was livestreamed on the court’s YouTube channel with 25 people listening in.
Synowski, 62, was an El Cajon dentist but had been ill for a while and had a history of falls, according to Zupner’s attorney, Paul Pfingst. He died Sept. 17, 2019, in the couple’s Rancho San Diego home.
Zupner, 65, appeared remotely from a room at the Vista Detention Facility. Pfingst, who is a former district attorney, and prosecutor Meredith Pro also appeared remotely.
The courts have been mostly closed due to the spread of COVID-19. Pfingst asked Judge Robert Amador to drastically lower his $2 million bail.
“He’s been sitting in jail and is at high risk for COVID-19,” said Pfingst. “He has a viable defense. He’s not at risk to the public.”
Pfingst said jury trials will likely not happen until next year because of the coronavirus outbreak.
Pro opposed the motion, but Amador reduced the bail to $250,000.
Pfingst said the murder charge is the wrong offense and at most his client is guilty of involuntary manslaughter because he said the death was accidental.
Pro told Amador she would be seeking a second-degree murder conviction, which carries a penalty of 15 years to life in prison.
The couple were together for 11 years. Synowski’s obituary said he helped found a dental clinic in Hillcrest for people with HIV.
“We all know that breathing is essential to life,” argued Pro.
“Shoving food down someone’s throat could result in an obstructed airway,” said Pro, adding that it was “unbelievable” that Zupner would not know that was dangerous.
Pro said there was “a struggle for power,” and “Mr. Synowski was trying to get away.”
Pfingst countered: “He was calling to request medical help for his husband. Thomas Zupner acted out of love for his husband.”
“It’s an accident, a tragic accident that happened here,” said Pfingst, who unsuccessfully asked that the murder charge be dropped.
“This is an absolute tragedy,” began Amador.
“This should have been avoided.”
“Forcing someone to eat is domestic violence,” said the judge. “There is not an issue where he has to be fed.”
Amador said Zupner’s fingers were bitten by Synowksi, a sign he said that he didn’t want to be force-fed.
The cause of death was “obstruction of an airway and mechanical asphyxia,” according to the San Diego County Medical Examiner’s office.
Sheriff’s Detective Troy DuGal testified Zupner told him he was force-feeding him because Synowski had been ill, lost 20 pounds and could’ve died from starvation.
“I was just trying to save his life,” DuGal quoted Zupner as saying at least 10 times to deputies.
“I killed him,” Zupner said repeatedly, according to DuGal, who added that Zupner was wailing and crying during the 1 1/2-hour interview.
Detective Nicholas Hvizdzak testified he arrived at the Explorer Road residence at 10:13 p.m. and determined Synowski had no pulse. He was not breathing while lying on the kitchen floor.
“He was cooperative but extremely upset,” said Hvizdzak of Zupner, and added there were neckties tied on the victim’s arms.
Deputies said there was brown paste from the crackers on Synowski’s shirt, face, and floor.
Detective Aaron Bailey attended the autopsy and said Synowski’s frenulum under his tongue was torn, with bruised lips.
Detective Christi Ramirez said Synowski’s blood alcohol level was .11 and he was an alcoholic. Zupner had no level of alcohol or drugs in his system.
Zupner has pleaded not guilty. He worked as an equipment service coordinator. He will return to court on Aug. 10.
Some of the hearing’s listeners were Synowski’s family members in Washington, said Pro.
