Latest / NO FILTER / Episode 4_ The Witnesses_(M4A_128K)

Transcript

Episode 4_ The Witnesses_(M4A_128K) · NO FILTER

0:15
Speaker 1: In newspaper articles about the arrest of Lee, Clark and
0:18
Speaker 1: Kane's story and about their indictment and the upcoming trial,
0:22
Speaker 1: the fact that Brian Bowling had been talking to someone
0:24
Speaker 1: on the phone when he was shot mostly isn't mentioned.
0:28
Speaker 1: It only comes up one time. An article in the
0:30
Speaker 1: Roman News Tribune published a few days before trial notes
0:33
Speaker 1: that police said Brian's girlfriend was on the phone with
0:36
Speaker 1: him at the time of the shooting, but she did
0:38
Speaker 1: not hear the gun go off. And based on that reporting,
0:42
Speaker 1: you might have guessed that Brian's girlfriend, fifteen year old
0:45
Speaker 1: Caprice Hyatt, hadn't heard anything of interest to the murder investigation,
0:50
Speaker 1: or you might have guessed that she hadn't been listening
0:52
Speaker 1: when the shot was fired. That guess would be wrong, though,
0:56
Speaker 1: And you know.
0:56
Speaker 2: Brian got on the phone and Okayan was there, Josh
0:59
Speaker 2: was there, or whoever. I just remember him talking to
1:02
Speaker 2: me and telling me that his friend was there, his
1:05
Speaker 2: best friend. And I just remember him telling me that
1:07
Speaker 2: I was playing Russian Roulette and I was I was like, okay,
1:10
Speaker 2: because I.
1:11
Speaker 3: Didn't know what it was.
1:12
Speaker 1: I didn't alarm at that point.
1:13
Speaker 3: No, because I didn't know what it was.
1:15
Speaker 1: When we talked to Caprice. She told us that she
1:18
Speaker 1: hadn't realized anything was wrong that night until she suddenly
1:21
Speaker 1: heard screaming on the other end of the line and
1:24
Speaker 1: then heard Brian's brother in law yelling over and over
1:27
Speaker 1: again for everyone to get out of the way, and
1:30
Speaker 1: then the line went dead.
1:32
Speaker 2: All I know was that I was talking and the
1:34
Speaker 2: next thing I know, the phone got hung up. I
1:37
Speaker 2: call back and Ken is the one that answered the phone,
1:40
Speaker 2: and he's hysterical, and I was like.
1:42
Speaker 4: Hey, the phone got cut off. What happened?
1:44
Speaker 3: And he said, Brian shot hisself. Brian's shot hisself.
1:47
Speaker 1: The newspaper article was right, according to Caprice. She didn't
1:52
Speaker 1: hear a gunshot when she was on the phone, but
1:55
Speaker 1: Caprice says she heard something much more important. She heard
1:58
Speaker 1: Brian say that he had Josh gone and that he
2:01
Speaker 1: was playing some kind of game with it.
2:04
Speaker 3: That was definitely the last words they ever said to him.
2:06
Speaker 1: Thanks Tim rushing a lat So for telling you. Hi.
2:17
Speaker 1: My name is Susan Simpson. I'm an attorney and podcaster
2:21
Speaker 1: and previously I hosted the Undisclosed podcast.
2:24
Speaker 5: Hi, I'm just into Davis and I'm a true crime
2:27
Speaker 5: TV producer. Last year, Susan and I decide to team
2:31
Speaker 5: up and reinvestigate the murder of Brian Bowling. Along with
2:35
Speaker 5: Kevin Fitzpatrick, president of Red Marble Media, we decided to
2:39
Speaker 5: launch Proof. You can listen to Proof like you would
2:42
Speaker 5: any podcast, and you can follow us everywhere with the
2:46
Speaker 5: handle at proofcrime pod and on our website proofcrimepod dot com.
3:08
Speaker 5: Brian's family had told Caprice that Brian had been shot,
3:12
Speaker 5: and she knew the situation was serious, but she didn't
3:15
Speaker 5: understand how serious until later that evening, when her mother
3:19
Speaker 5: got home and Caprice was able to ask her a question.
3:22
Speaker 2: My mama came home that day, she said. She walked
3:26
Speaker 2: in there and I was sitting on the couch. She said,
3:28
Speaker 2: my face as white as a ghost. I was crying,
3:31
Speaker 2: and she asked me what was wrong. I was like, Mama,
3:34
Speaker 2: what's worsh wero lit and she told me.
3:37
Speaker 3: I pretty much broke down and went to my knees.
3:41
Speaker 3: I was devastated. It was bad.
3:46
Speaker 5: It was Brian's friend, Tommy Hyde who called Caprice to
3:50
Speaker 5: let her know that Brian was in the hospital. Her
3:52
Speaker 5: mom drove her there to see him.
3:56
Speaker 4: I remember looking and I guess he got off the elevator.
4:00
Speaker 3: But it was Josh, and uh the other wories.
4:03
Speaker 2: I knew it was Josh because I've never seen him before.
4:05
Speaker 2: Somebody was like, oh, there's.
4:07
Speaker 3: There he is, you know.
4:09
Speaker 2: I looked over and he looked straight at me, and
4:11
Speaker 2: he was so beside his helf. I remember we made
4:14
Speaker 2: eye contact and I seen his face and how it
4:16
Speaker 2: said he was.
4:20
Speaker 5: Caprice had talked to Josh on the phone before, but
4:23
Speaker 5: she told us the first time she ever saw him
4:25
Speaker 5: in person was that night at the hospital. He had
4:30
Speaker 5: seemed incredibly upset over what had happened to his friend.
4:34
Speaker 5: Caprice says it never occurred to her to wonder if
4:37
Speaker 5: Josh might have done something to Brian on purpose. And besides,
4:41
Speaker 5: once her mother had explained to her how Russian Roulette
4:44
Speaker 5: was played, she assumed that's exactly how Brian had gotten injured.
4:48
Speaker 2: I just thought that he had shot hisself and that
4:51
Speaker 2: that's what they were playing, because that's what my mama
4:53
Speaker 2: told me.
4:53
Speaker 6: It was.
4:55
Speaker 2: That was my thought, Oh god, you know, why would
4:57
Speaker 2: they do that?
4:57
Speaker 3: Why did he do that?
4:58
Speaker 1: You know, why did he play that game.
5:01
Speaker 5: At some point that night, the police talked to Caprice
5:04
Speaker 5: about what she'd heard on the phone with Brian, and
5:07
Speaker 5: as far as we can tell, she told them the
5:09
Speaker 5: same thing she would tell us twenty five years later
5:13
Speaker 5: that the last words Brian ever said to her was
5:15
Speaker 5: that he was playing Russian Roulette. And that's probably why,
5:20
Speaker 5: in the beginning at least, investigators had been so quick
5:23
Speaker 5: to conclude that this was an open and shutcase. Josh
5:26
Speaker 5: Story had already told them that Brian had died playing
5:29
Speaker 5: Russian Roulette, and then they had Caprice confirming his story.
5:33
Speaker 5: We don't know which officer it was that Caprice actually
5:36
Speaker 5: spoke to that night, but it's possible it was patrol
5:39
Speaker 5: officer Mark Corbyn.
5:40
Speaker 7: I remember somebody. I remember him talking to his girlfriend
5:43
Speaker 7: on himself on the well book.
5:46
Speaker 8: Yeah.
5:47
Speaker 3: I think it was like Cordless.
5:49
Speaker 1: Yeah.
5:52
Speaker 7: For some reason, I thought that I talked to a girl.
5:55
Speaker 1: But someone talked to the girl. We don't know who.
5:58
Speaker 7: But I don't remember it vividly, but I do remember,
6:02
Speaker 7: I mean talking to somebody, but that sure, he's not.
6:08
Speaker 7: I thought that it would have been in a report somewhere.
6:12
Speaker 5: Two days later, Caprice was brought in and interviewed again.
6:16
Speaker 5: This time the interview was recorded, but that recording like
6:21
Speaker 5: the recordings of almost every other interview in this case
6:24
Speaker 5: has gone missing, and no one in Floyd County can
6:27
Speaker 5: agree on whose fault it is that it's been lost.
6:30
Speaker 5: Our associate producer, Amory Davis, spent months communicating with the
6:34
Speaker 5: various agencies in Rome trying to find the case file,
6:38
Speaker 5: with no luck.
6:40
Speaker 3: It feels like one of these things.
6:42
Speaker 5: So we're being told by Floyd County Police Department who
6:45
Speaker 5: you know, who's been communicating with Amory, and Amory says
6:48
Speaker 5: they've been lovely, but they are saying, we gave everything.
6:52
Speaker 3: To the DA's office. The DA's office.
6:55
Speaker 5: Is saying we don't have it and it's probably at
6:58
Speaker 5: the police department.
7:00
Speaker 1: Text go fuck yourself.
7:01
Speaker 5: Subtext it's here, No, it's there. No, it's back and
7:05
Speaker 5: forth and back and forth. They keep sending us back
7:08
Speaker 5: and forth between the two departments. According to the Floyd
7:12
Speaker 5: County Police Department, all interview recordings and most of the
7:16
Speaker 5: case file was given to the District Attorney's office twenty
7:20
Speaker 5: four years ago and they never got those files back.
7:24
Speaker 5: But every time we've asked Lee Patterson, the current Floyd
7:27
Speaker 5: County DA, about what happened to that file, we've gotten
7:31
Speaker 5: the same response. I've already responded to your request and
7:35
Speaker 5: the case file is unable to be located.
7:37
Speaker 1: That's not an answer. She's not denying. SPPD gave it
7:39
Speaker 1: to her.
7:40
Speaker 3: She's not denying, she's just saying. She's saying we can't
7:43
Speaker 3: find it.
7:45
Speaker 5: To date, the DA's file in this case has still
7:48
Speaker 5: not been located, and that means we don't have the
7:51
Speaker 5: recording of Caprice's interview a few days after the shooting,
7:55
Speaker 5: nor do we have any records about what Caprice said
7:58
Speaker 5: during another interview within investigators that took place sometime later on.
8:03
Speaker 5: In fact, we only know that this third interview happened
8:07
Speaker 5: because Caprice told us about it. It was during this
8:10
Speaker 5: interview that Sergeant Dallas Battle told Caprice about the evidence
8:14
Speaker 5: they had that showed her boyfriend had been murdered.
8:17
Speaker 2: Dallas is the one that told me about the pillow
8:19
Speaker 2: in the wall and that Josh is the one that
8:22
Speaker 2: shot him, and that Lee was there.
8:25
Speaker 1: Lee was there, but Josh shot him.
8:27
Speaker 3: Lee was outside at the wind up.
8:29
Speaker 1: You mentioned the pillow. What is your understanding of why
8:32
Speaker 1: that was? Like evidence are important, According to.
8:36
Speaker 2: I think it was Dallas and that told me that
8:42
Speaker 2: that Joshould put a pillow to Brine's head and pulled
8:46
Speaker 2: the trigger. Yeah, like I guess to quieted or something
8:53
Speaker 2: like that.
8:54
Speaker 1: I don't know, like a homemade silence. Did he tell
8:58
Speaker 1: you that they found a pillow with a hole on it?
9:01
Speaker 2: No, it's just a pillow stuffed in the wall was
9:04
Speaker 2: and that's where the gun was.
9:06
Speaker 4: So about there was a hole in the wall.
9:08
Speaker 1: Caprice isn't the only witness who told us about this pillow.
9:12
Speaker 1: It's something we heard about over and over again from
9:15
Speaker 1: just about everyone connected to this case that we spoke to.
9:18
Speaker 1: Did you ever hear anything about a pillow?
9:21
Speaker 9: Yeah?
9:21
Speaker 10: I heard something about a pillow.
9:22
Speaker 1: What did you hear about that?
9:24
Speaker 9: I heard it a pillow was used for a silace
9:27
Speaker 9: or something.
9:29
Speaker 11: And I heard that there was no gun Richard powder
9:34
Speaker 11: on Kane's hands. But in my book, he was an
9:37
Speaker 11: accomplished because he held the pillow over Say it, and.
9:41
Speaker 3: You put a pillow over his head and shot?
9:42
Speaker 4: You've heard about the pillow?
9:43
Speaker 5: Yes?
9:44
Speaker 1: What do you hear about that? While we were down
9:48
Speaker 1: in Rome, Jacinta and I updated Kevin about our efforts
9:52
Speaker 1: to learn more about this pillow. I don't understand what
9:55
Speaker 1: the pillow has.
9:56
Speaker 10: To do with anything.
9:57
Speaker 5: Quite frankly, well, we're getting a little more information if
10:00
Speaker 5: we believe it.
10:02
Speaker 12: Explain to me, because I don't know the details as
10:05
Speaker 12: well as you guys do.
10:06
Speaker 1: Well, it's hard to give you an answer to the
10:07
Speaker 1: pillow because, like the pillow story, we don't know the story.
10:09
Speaker 5: We're still The pillow story is basically that a few
10:16
Speaker 5: days after the murder, they were in there cleaning up
10:18
Speaker 5: the house and someone found the pillow stuffed in the wall.
10:22
Speaker 5: And this pillow allegedly has a bullet hole through it,
10:28
Speaker 5: and everyone believes that this pillow was used to muffle
10:33
Speaker 5: the sound of the gun going off.
10:35
Speaker 1: Okay, but side note, we don't know who found the pillow.
10:39
Speaker 1: We don't have pictures of the pillow that were taken intentionally.
10:42
Speaker 1: Of the pillow, there is very little that we know
10:47
Speaker 1: for sure about the pillow. We know that it was blue,
10:50
Speaker 1: we know there was blood on it, We know it
10:53
Speaker 1: was actually more like a couch cushion and not the
10:55
Speaker 1: kind of pillow that you typically used to sleep on.
10:58
Speaker 1: And according to the only docum about the pillow that
11:00
Speaker 1: we have from the Floyd County Police Department, we know
11:04
Speaker 1: that it was collected from the Bowling's trailer by Captain
11:06
Speaker 1: Tommy Shifflett at six pm on October eighteenth, nineteen ninety six.
11:11
Speaker 1: Only we know that didn't happen because that would be impossible.
11:16
Speaker 1: So here's the other weird thing. The pillow. The only
11:18
Speaker 1: record we have of it is a evidence inventory sheet.
11:23
Speaker 1: And yet this evidence inventory sheet says they found the
11:25
Speaker 1: pillow at like six pm on the eighteenth of October,
11:28
Speaker 1: so three hours before Brian died. Wow, So that's obviously
11:32
Speaker 1: I'm gonna go ahead and say I can that was
11:35
Speaker 1: like backdated, not gonna say falsified. But someone incorrectly logged.
11:42
Speaker 3: It's only got the daytime round.
11:44
Speaker 1: Someone wrote the wrong someone claimed the pillow was found
11:46
Speaker 1: in the day of the murder when it was not. Yeah,
11:49
Speaker 1: I found it before the murder. The pillow is a
11:52
Speaker 1: confusing part of this case, and at times I've been
11:55
Speaker 1: tempted to throw out my hands and just forget about it, because,
11:58
Speaker 1: like Kevin said, I don't understand what the pillow has
12:01
Speaker 1: to do with anything, quite frankly, but as I had
12:04
Speaker 1: to explain to Lee Clark, without this pillow, Lee and
12:08
Speaker 1: his co defendant Kane might not be in prison right now. Well,
12:12
Speaker 1: we also talked to a juror finally, Ah, you did.
12:17
Speaker 1: But the only reason he could remember being certain of
12:19
Speaker 1: your guilt was the pillow. Yeah, really love the pillow,
12:25
Speaker 1: I know. And I asked him try to explain the pillow,
12:28
Speaker 1: like why that was otensive guilt, and he was just
12:30
Speaker 1: like it was used to like smother the shot or something.
12:38
Speaker 1: I can't say with one hundred percent certainty how the
12:41
Speaker 1: pillow first became part of this case. We heard multiple
12:44
Speaker 1: conflicting accounts from the people we spoke to, but I
12:48
Speaker 1: think most likely it was Brian's brother in law, Kenneth,
12:51
Speaker 1: who found the pillow. That's what both Kenneth and Amanda
12:54
Speaker 1: remember happening anyway, And out of everyone that we spoke to,
12:58
Speaker 1: Kenneth and Amanda seemed to have the clearest memories about
13:01
Speaker 1: the pillow's origins. That's probably because for them, finding the
13:05
Speaker 1: pillow was the dividing line between when they stopped believing
13:08
Speaker 1: Brian's death had been an accident and started believing it
13:12
Speaker 1: had been a murder.
13:16
Speaker 13: That's exactly what I thought it was, you know, it
13:18
Speaker 13: was an accident. When did that start to change? When
13:25
Speaker 13: Kenneth found the pillow in the wall.
13:28
Speaker 3: Tell me about that he had. It was a couple
13:34
Speaker 3: of days.
13:34
Speaker 13: After Brian was still at the crime lab. Kenneth. He
13:38
Speaker 13: was just looking, you know, and he'd seen a blue
13:41
Speaker 13: pillow which went with mama's living room suit, which Brian
13:48
Speaker 13: he kept it in there, you know, he'd sleep on
13:51
Speaker 13: it in there or something.
13:53
Speaker 8: The whole time. Something didn't just didn't.
13:58
Speaker 3: One in one didn't I.
13:59
Speaker 8: Add up to me here on this shooting. It just
14:03
Speaker 8: didn't lay out in the Russian room lid. So I
14:07
Speaker 8: just kept snooping around in his bedroom looking and that's
14:11
Speaker 8: when I come upon the pillow. It was stuffed in
14:15
Speaker 8: the walls, and I was like, something, ma, right here,
14:19
Speaker 8: Why this pillow hid?
14:21
Speaker 3: You know why?
14:22
Speaker 8: So I got it out and I seen that it
14:26
Speaker 8: had brain miter on it blood.
14:31
Speaker 9: You know.
14:32
Speaker 5: If you're wondering how a pillow can be hidden in
14:35
Speaker 5: a wall, well, Kenneth explained that there were lots of
14:38
Speaker 5: holes in Brain's bedroom walls and a sort of empty
14:41
Speaker 5: space behind those walls. It made for a good place
14:44
Speaker 5: to hide things.
14:46
Speaker 8: And see when I first met them, her and her
14:50
Speaker 8: brother was buck wild. I mean, they was holes all
14:53
Speaker 8: in the walls. So that's why they was just able
14:57
Speaker 8: to stuff the pillow down in the wall. It wasn't
14:59
Speaker 8: like that busted a hole in the wall. They was
15:02
Speaker 8: holes all in that wall.
15:03
Speaker 5: I mean, most people who know about the pillow think
15:07
Speaker 5: it was used as a silencer. Amanda recalled seeing a
15:11
Speaker 5: gun shot hole through the pillow and thinks either Lee
15:14
Speaker 5: or Kane shot ran through the pillow, using it to
15:17
Speaker 5: muffle the sound of the shot. And her husband Kenneth.
15:20
Speaker 3: Agrees that the pillow was used as a.
15:22
Speaker 5: Silencer, but he has a very different theory about how
15:25
Speaker 5: this was accomplished.
15:27
Speaker 1: Was there a hole in it in the pillow?
15:30
Speaker 8: No, no, no, it was like it wasn't like they
15:33
Speaker 8: shot through the pillow. Oh, they muffled the gun with
15:39
Speaker 8: the pillow. They used it lot this like they wrapped
15:42
Speaker 8: the pillow around.
15:43
Speaker 5: The gun, rather than holding the pillow in front of
15:47
Speaker 5: the muzzle and firing the gun into the pillow. Kenneth
15:51
Speaker 5: thinks the pillow was wrapped around the gun, kind of
15:54
Speaker 5: like a hot dog bun around.
15:55
Speaker 3: A hot dog.
15:56
Speaker 8: But if you grab that pillow right now this day
15:59
Speaker 8: and wrap it, or if you put a gun in
16:01
Speaker 8: your hanging wrapped it around you perfectly. See how the
16:05
Speaker 8: matter and blood was that it was perfect. So it
16:10
Speaker 8: stays out the gun yeap outlined the pillow. You know
16:14
Speaker 8: how the pillow would have been creached.
16:20
Speaker 5: You may think whether or not there was a hole
16:22
Speaker 5: through this pillow would be an easy question to answer,
16:26
Speaker 5: but it's not because the police lost the pillow pretty
16:30
Speaker 5: much immediately. In fact, a few days after Brian was shot,
16:34
Speaker 5: two officers went out to the Bowlings trailer to pick
16:37
Speaker 5: the pillow up, but it never made it back to
16:40
Speaker 5: the police station. It just kind of disappeared.
16:44
Speaker 1: The pillow did not stay lost forever. Months later it
16:47
Speaker 1: did turn up again and the police were able to
16:50
Speaker 1: send it off to the crime lab and a LaMDA
16:52
Speaker 1: for testing. But while the pillow was missing, the investigation
16:56
Speaker 1: into Brian's death stalled out. No witnesses were interviewed, no friends,
17:00
Speaker 1: tests were performed, There was just nothing being done at all.
17:03
Speaker 1: The case went as cold. It stands out to me
17:07
Speaker 1: from the file, well the file that we have that, yeah,
17:10
Speaker 1: they do nothing for about six months. Yeah, they exhumed
17:13
Speaker 1: the body, they did do that. You remember that period
17:15
Speaker 1: of time when they were okay, was there anything going
17:17
Speaker 1: on or were they just twiddling your.
17:19
Speaker 13: Thumbs, twiddling their thumbs, I guess, because what was all
17:22
Speaker 13: sitting around? We have no answers, you know.
17:27
Speaker 1: Amanda felt that during this period of time, investigators had
17:31
Speaker 1: simply given up on looking into her brother's death. But
17:33
Speaker 1: her aunt Melody was in regular contact with Dallas Battle
17:36
Speaker 1: and David Stewart throughout the investigation, and she has a
17:39
Speaker 1: different take about what was happening. So you didn't get
17:43
Speaker 1: the sense that they were just ignoring it. It was strategy.
17:46
Speaker 4: Not after.
17:48
Speaker 10: Plainly let them know that Russian Lanta, you're not shot
17:52
Speaker 10: in the head like that were they just think they
17:56
Speaker 10: were just yeah, And I think that they were just wanting.
18:00
Speaker 10: And I think that they've even said to me, sit.
18:05
Speaker 1: Back and listen.
18:08
Speaker 7: Kids are going to talk.
18:10
Speaker 10: Somebody's gonna talk.
18:12
Speaker 1: Just give it time, sit back and listen. Eventually somebody
18:17
Speaker 1: did talk. Three somebodies. In fact, in the seven months
18:25
Speaker 1: after Brian's death, investigators found no evidence that implicated Lee
18:29
Speaker 1: Clark in any sort of murder conspiracy. The only evidence
18:32
Speaker 1: police had was Kan's confession that he'd accidentally shot Brian
18:36
Speaker 1: and the weed eagle note from the casket with the
18:38
Speaker 1: no Nark sign written on it, and then investigators learned
18:42
Speaker 1: that they had a big problem with Kn's confession.
18:50
Speaker 5: So my guess was that they were once the results
18:53
Speaker 5: came back negative for gunpowder residue. Once they found out
18:57
Speaker 5: that Kane isn't the shooter, they need a second person
19:01
Speaker 5: in the room, so they start building this other case.
19:03
Speaker 1: The very very next event is May sixteenth, ninety seven,
19:07
Speaker 1: when Angela Bruce is interviewed and gives her story about
19:12
Speaker 1: the party, picks out Lee from a lineup, so out
19:17
Speaker 1: of nowhere, out of the cold, dark nothing, this case
19:22
Speaker 1: goes from zero to Angela Bruce. Late one evening in
19:27
Speaker 1: May of ninety seven, David Stewart and Dallas Battle went
19:30
Speaker 1: out to a trailer park in South Rome. There they
19:33
Speaker 1: interviewed a woman named Angela Bruce. We don't know how
19:37
Speaker 1: they learned about Angela or why they wanted to talk
19:39
Speaker 1: to her, but Angela turns out to be the big
19:42
Speaker 1: break in the case that investigators have been looking for.
19:45
Speaker 1: It is her statement that leads to the arrest of
19:47
Speaker 1: Lee Clark and Kane's story for the murder of Brian Bowling.
19:52
Speaker 5: In her interview that night, the sergeant Battle and investigator
19:55
Speaker 5: Stuart Angela Bruce tells investigators about how.
19:59
Speaker 3: Three months earlier she'd thrown a house party. There'd been about.
20:02
Speaker 5: Fifteen to twenty people there in all, including a guy
20:05
Speaker 5: named Phil's Story. Phil's Story had brought along his friend Smitty,
20:10
Speaker 5: his nephew, Kin's Story, and another boy about Kine's age,
20:14
Speaker 5: but Angela couldn't remember his name.
20:16
Speaker 3: Angela tells investigators that.
20:18
Speaker 5: She and four of her friends had been sitting around
20:20
Speaker 5: her kitchen table playing cards when Phil Story's group arrived.
20:25
Speaker 5: Kin and the other boy had joined them in the kitchen,
20:28
Speaker 5: and then they had started bragging about how they had
20:30
Speaker 5: murdered Brian Bowling. I shot him, and I don't care
20:34
Speaker 5: who doesn't like it, Kane told them. I went into
20:37
Speaker 5: his bedroom, I put a pillow over his head and
20:40
Speaker 5: shot him execution style because he knew too much. The
20:44
Speaker 5: other boy, the one Angela didn't know, had been bragging too.
20:49
Speaker 5: He hadn't shot Brian, he said, but he'd been in
20:51
Speaker 5: the room when it happened, and all of them were
20:54
Speaker 5: laughing about it. Kane's uncle included who had patted Kin
20:58
Speaker 5: on the back and said.
20:59
Speaker 3: I've got a nephew here who will blow.
21:01
Speaker 5: Anyone's brains out, Cain and the other boy told the
21:05
Speaker 5: group sitting around the kitchen table about how they were
21:07
Speaker 5: members of the Freebird Gang and how they didn't let
21:10
Speaker 5: no one out of the gang alive, and how their
21:13
Speaker 5: gang had a very important rule, if you talk to
21:16
Speaker 5: the pigs, you will die. At that point, Angela told
21:21
Speaker 5: investigators she'd had just about enough of the murder talk,
21:25
Speaker 5: so she'd drawn a knife on the two boys and
21:27
Speaker 5: made them leave her trailer.
21:31
Speaker 1: When Angela Bruce finished telling the story, Dallas Battle and
21:34
Speaker 1: David Stewart showed her a photo lineup. Do you recognize
21:37
Speaker 1: the boy who was with Cain at your trailer that night?
21:39
Speaker 1: They ask her, yes, She tells them and points to
21:42
Speaker 1: photo number two in the lineup. It's a photo of
21:45
Speaker 1: Darryl Lee Clark.
21:52
Speaker 5: Angela Bruce is the reason that the pillow is so
21:55
Speaker 5: important to this case. Two investigators, the pillow is coro
22:00
Speaker 5: for Angela Bruce's story, because how else could she have
22:04
Speaker 5: known about the pillow unless she heard Lee and Kane
22:07
Speaker 5: confess to using it in the murder. When Dan Whitrock,
22:11
Speaker 5: who we like to call Dan the Cameraman, joined us
22:13
Speaker 5: in Rome to film some of our interviews, he had
22:16
Speaker 5: a lot of questions for us about the significance of
22:18
Speaker 5: the pillow and what it means for Angela's story.
22:22
Speaker 14: You mean, because she says that's an interesting point, because
22:26
Speaker 14: Angela talks about using this pillow.
22:29
Speaker 1: Yeah, so that's an interesting point, and her her story
22:32
Speaker 1: she hadcates both Lee and Kane. She says, Lee confessed
22:36
Speaker 1: to using a pillow over Brian's head. So what, no
22:39
Speaker 1: pillow was used, then this confession is not accurate and
22:42
Speaker 1: most likely slash definitely.
22:46
Speaker 3: To the house.
22:47
Speaker 15: That's an interesting point.
22:49
Speaker 9: Yeah.
22:51
Speaker 14: Did she go to court and testify?
22:53
Speaker 15: She did?
22:54
Speaker 8: Huh?
22:55
Speaker 3: No one else from the party.
22:57
Speaker 4: Did she testify in court specifically about the pillow?
22:59
Speaker 1: Yeah, over the head. Angela Bruce was the very first
23:04
Speaker 1: witness investigators found who was able to provide evidence that
23:07
Speaker 1: linked Lee Clark to Brian's death. And according to Angela,
23:11
Speaker 1: there were at least a dozen people at are party
23:13
Speaker 1: that night who could corroborate her story, and yet Sergeant
23:17
Speaker 1: Dallas Battle and investigator David Stewart don't speak to any
23:20
Speaker 1: of them. The only investigation is from like May and June. Really,
23:26
Speaker 1: that's only three, four or five months after this party
23:30
Speaker 1: that had twenty people there, and they couldn't find one
23:33
Speaker 1: more person to corroborate leaving there. They couldn't find one
23:36
Speaker 1: more person to say that there was a confession about
23:38
Speaker 1: anyone that they did it. But this is not like
23:40
Speaker 1: a huge case. They didn't have that many witnesses to
23:43
Speaker 1: talk to, and they just like never bothered to talk
23:45
Speaker 1: to someone else that's important party.
23:46
Speaker 5: I don't think it was a matter of not bothering.
23:49
Speaker 5: They were selective in picking the witnesses that could tell
23:54
Speaker 5: that could help with the narrative.
23:55
Speaker 1: Or they talked to another party goer and got a
23:58
Speaker 1: bad story and they're like, let's not talk to I
24:00
Speaker 1: need more partygoers. Angela Bruce no longer lives in Georgia,
24:04
Speaker 1: so we weren't able to speak to her on our
24:06
Speaker 1: initial trips to Rome. To find her, we would need
24:09
Speaker 1: to make a supper trip. But there was at least
24:11
Speaker 1: one person who had been at Angela's party that night
24:14
Speaker 1: that wasn't hard to find.
24:17
Speaker 5: We talked to Phil Story, who is Kine's uncle. He's
24:22
Speaker 5: got like a long white beard and long hair. He
24:25
Speaker 5: looks kind of Willie Nelson ish a part and he's
24:29
Speaker 5: got this great southern accent.
24:31
Speaker 1: What does he think about the whole thing.
24:33
Speaker 3: I mean, he doesn't think Kane did it.
24:35
Speaker 1: No, he's never lot Kane did it.
24:43
Speaker 14: It's a sad day for Brian family.
24:47
Speaker 13: But uh.
24:50
Speaker 14: Uh, I just don't think nothing happened away. They say
24:54
Speaker 14: it happened from from the get go. Cause like I said, no,
24:59
Speaker 14: Dallas Battle and Steward I know them both, and Dallas
25:03
Speaker 14: is as crooked as them handlebars right there always was.
25:08
Speaker 1: Phil Story does not think his nephew killed Brian Bowling,
25:11
Speaker 1: but he did confirm to us that yes, there had
25:14
Speaker 1: been a party at Angela Bruce's that night, and yes
25:16
Speaker 1: Cain had been there too. Did you know Angela Bruce?
25:21
Speaker 1: He was Angela Bruce.
25:24
Speaker 3: I knew other.
25:26
Speaker 14: She was a girl that lived down here in the
25:30
Speaker 14: trailer park. She had about two or three kids. And uh,
25:39
Speaker 14: I was walking down through there one day with my
25:41
Speaker 14: BUDDI Smedy. He's lived in the trailer park too, up
25:44
Speaker 14: above her, and so we was walking down through the park.
25:47
Speaker 14: She had her screened door wide open, you know, music
25:50
Speaker 14: was on, and like I say, I knew her. So
25:53
Speaker 14: we walked on r She's come on in, you know,
25:56
Speaker 14: and Kane was with us too. Matter of fact, and
26:01
Speaker 14: because when we walked in the house, Smitty you just
26:05
Speaker 14: have to know him. But he said I got the
26:07
Speaker 14: killer with me, you know, just being stupid, comical, you know,
26:14
Speaker 14: he thought he was. But h Angela Bruce is not
26:18
Speaker 14: going to be believed period.
26:22
Speaker 1: Phil's story told us that Lee Clark had not been
26:24
Speaker 1: at the party, and while Caine had been there, he'd
26:27
Speaker 1: never confessed to anything. In fact, according to Phil, the
26:31
Speaker 1: only person who mentioned anything about Brian's death that night
26:34
Speaker 1: had been his friend Smitty. What did Smitty look like.
26:40
Speaker 14: Right now? He probably bones because he's dead.
26:43
Speaker 1: Well back then in nineteen ninety seven, he.
26:47
Speaker 2: Was a.
26:50
Speaker 14: Who may be achs taller than me. Georgia Hare kind
26:53
Speaker 14: of bawled, and he's the one said I got the
26:56
Speaker 14: killer with me.
26:57
Speaker 1: I got the killer said, So he's just joking around
27:01
Speaker 1: and says I got to kill her wingman.
27:09
Speaker 5: Five days after interviewing Angela Bruce, investigators David Stewart and
27:13
Speaker 5: Dallas Battle got another huge break in the case. They
27:17
Speaker 5: found a second witness who was able to implicate Lee
27:20
Speaker 5: Clark and Brian's death.
27:23
Speaker 1: And that was someone pointing out where you were. But
27:25
Speaker 1: it was sort of like up on behind pleasant hope. True.
27:28
Speaker 11: Rat, Yeah, it was rat behind a cemetery, so you
27:31
Speaker 11: would have been rat beside Joshua Kine stories, Trevor, so
27:37
Speaker 11: you were stories.
27:38
Speaker 3: Yeah.
27:40
Speaker 5: In nineteen ninety six, Debbie Kelly was the Story's next
27:43
Speaker 5: door neighbor. Actually, she was related to Caine's father. They
27:47
Speaker 5: were cousins of some sort.
27:49
Speaker 1: You're related to them or related to his daddy?
27:51
Speaker 4: Yeah, his daddy. Eh, I'm related to him too.
27:56
Speaker 1: And did you know his did you know josh at all?
27:59
Speaker 4: Or yeah?
28:00
Speaker 11: He would studies self and uh plays geuitar loud music.
28:09
Speaker 1: What kind of music?
28:11
Speaker 4: Mm? Rock and roll, hard rock.
28:17
Speaker 11: In fact, it was disturbing, you know when my husband
28:20
Speaker 11: had to get up and go to work.
28:22
Speaker 1: You know, and you didn you the Bowling family as well.
28:25
Speaker 11: My mother was best friends with Brian's grandmother and uh
28:32
Speaker 11: so Brian would come down to my house and he
28:36
Speaker 11: would sit on the porch and he would he had
28:40
Speaker 11: loved me tell the stories that my mom told me
28:44
Speaker 11: about his dad when he was little. Brian was a
28:48
Speaker 11: s sweet, humble.
28:51
Speaker 4: Guy.
28:53
Speaker 5: W Kelly cleaned houses for a living, and on at
28:56
Speaker 5: least one occasion, June story King's mom hired her to
29:01
Speaker 5: clean their trailer, which is how she became a witness
29:04
Speaker 5: in this case.
29:05
Speaker 11: And uh so I was cleaning the house. Wasn't looking
29:10
Speaker 11: for anything because I don't pray. When I used to
29:12
Speaker 11: clean houses, I just don't. I don't touch people's stuff.
29:17
Speaker 4: So on the bar there was the gang rulebook.
29:22
Speaker 11: It had crossbondes and skull I can still remember that
29:26
Speaker 11: to this day. And it was open and it had
29:31
Speaker 11: rules and it said if a brother is caught narking
29:35
Speaker 11: on another brother, of the punishment's death.
29:38
Speaker 4: Well I turned it over. That is this, you know?
29:44
Speaker 4: And it said free birds.
29:48
Speaker 11: And I said, free birds, you know, don't make no sense.
29:53
Speaker 11: I said, this has got to be some kind of
29:55
Speaker 11: gang or something. And there was crossbonding skulls. I'll never
30:00
Speaker 11: forget that on the cover on the front of it, so.
30:03
Speaker 1: It says like freebirds up top or something. And then yeah,
30:06
Speaker 1: there's a skull bone whatever that is designed.
30:08
Speaker 11: Yeah, and the head of the free birds it showed
30:13
Speaker 11: what title they was. Joshua Caine's story was the head
30:17
Speaker 11: of it. And he's my own cousin. I'm sorry, I'm
30:22
Speaker 11: not gonna lie.
30:24
Speaker 5: The timeline of all of this is somewhat hazy. It's
30:27
Speaker 5: not clear whether Debbie Kelly found the notebook before or
30:30
Speaker 5: after Brian's death, but at some point Wie Kelly tells
30:34
Speaker 5: Kane that she found the notebook and questions him about it.
30:38
Speaker 11: Yeah, he asked me about it, asked me what I saw.
30:41
Speaker 11: I said, came. I said, that's the devilish something I
30:45
Speaker 11: ever stayed in my life because I said, I'm a Christian.
30:48
Speaker 11: I said, came on the front of that room book,
30:51
Speaker 11: it's crossbombs and skull.
30:53
Speaker 4: That ain't nothing better than the devil.
30:56
Speaker 5: In May of nineteen ninety seven, Sergeant battle In, an
31:00
Speaker 5: investigator Stewart, talked to Debbie Kelly about what had been
31:03
Speaker 5: written inside that skull in Crossbone's notebook. It was a
31:06
Speaker 5: gang rule book.
31:07
Speaker 1: She tells them, what do you remember reading in the notebook?
31:11
Speaker 11: Yeah, it was a list of rules the dudes and
31:14
Speaker 11: the don'ts, and they been initiated into the gang and
31:20
Speaker 11: all this stuff.
31:22
Speaker 5: The first page of the notebook had been titled members
31:25
Speaker 5: and that trial, Debbie Kelly said she'd seen four names
31:29
Speaker 5: listed there below Cain's story, Lee Clark, Joseph Wilkins, and
31:34
Speaker 5: Brian Bowling, and written beside each boy's name, had been
31:37
Speaker 5: his gang name, Brian had been Joker, Debbie Kelly said,
31:42
Speaker 5: Joseph Wilkins had been Slick, Lee Clark was Ace, and
31:46
Speaker 5: Cain had a gang name too, though by the time
31:49
Speaker 5: of trial Debbie Kelly could no longer recall it. And
31:52
Speaker 5: on the second page of the notebook was a list
31:55
Speaker 5: of the byelaws of the Freebirds gang.
31:58
Speaker 4: But I don't remember all the rose.
32:00
Speaker 11: What stood out to make the most is if a
32:03
Speaker 11: brother's knarking on another brother, the punishment's death. That's the
32:07
Speaker 11: one that stood out to make the most, because Brian
32:12
Speaker 11: was already dead, and I knowed my good feeling tell
32:17
Speaker 11: me that Brian had to be the one to tell
32:22
Speaker 11: the police about the say.
32:26
Speaker 5: In nineteen ninety eight, when she testified at Lee's in
32:29
Speaker 5: Kine's trial, Debbie Kelly had only been able to recall
32:33
Speaker 5: four of the rules that had been listed in the
32:35
Speaker 5: gang rule book. One if a brother is caught narking
32:39
Speaker 5: on another brother, the punishment is death. Two never talk
32:44
Speaker 5: to pigs. Three always stick up for your brother, and
32:49
Speaker 5: four never do drugs.
32:52
Speaker 1: What do you call any other anything else in the
32:56
Speaker 1: rule book? You read any rules about drugs?
32:59
Speaker 9: No?
32:59
Speaker 4: But I found out the head pot. So that's got
33:04
Speaker 4: to be in there somewhere.
33:05
Speaker 1: But you know in your testimony, you I said, like
33:08
Speaker 1: one of the rules was always stick up for your brother.
33:11
Speaker 4: Yes, yes, yes, a.
33:13
Speaker 1: Brother showing off do drugs, yeah, which I don't think
33:18
Speaker 1: they necessarily followed.
33:20
Speaker 4: They didn't follow that road too.
33:22
Speaker 5: After Brian's death, Debbie Kelly decided to tell the Bowling
33:25
Speaker 5: family what she'd seen in the stories trailer.
33:29
Speaker 1: Did you tell anyone else about the notebook?
33:33
Speaker 7: Uh?
33:34
Speaker 4: I talked to Deborah.
33:36
Speaker 1: Do you remember when you did that or how that
33:37
Speaker 1: came about?
33:38
Speaker 11: Well when she come to my house. Deborah come to
33:40
Speaker 11: my house and she was all destrobed about Brian and
33:46
Speaker 11: she said, Debbie, what what possess came to do that?
33:50
Speaker 11: She knew I was his cousin. I said, sit down, Deborah,
33:55
Speaker 11: I said, you know I claimed Jane's house. I said
33:58
Speaker 11: there was a gang rule book on the bar. Now
34:02
Speaker 11: I didn't dream ID is gonna have to get a colt.
34:05
Speaker 11: I already thought about it though, but like I said,
34:09
Speaker 11: if it was my boy, I didn't want somebody to
34:11
Speaker 11: come forth.
34:14
Speaker 5: W Kelly did end up having to go to court,
34:17
Speaker 5: where she testified about what she'd read in the gang
34:19
Speaker 5: rule Book, but she doesn't know what happened to the
34:22
Speaker 5: gang rule book itself.
34:24
Speaker 3: She never saw it again.
34:27
Speaker 11: I don't have a clue. All I know last time
34:30
Speaker 11: I saw a gang rud book was on that bar
34:33
Speaker 11: open What's lot one and only time? That's the one
34:38
Speaker 11: in all the time, And you never saw it again. No,
34:41
Speaker 11: I don't even think David Stewart got it.
34:51
Speaker 1: Based on the statements from w Kelly and Angela Bruce,
34:54
Speaker 1: investigators charged Lee Clark and King's story with the murder
34:57
Speaker 1: of Brian Bowling. They were arrested on me twenty third,
35:00
Speaker 1: nineteen ninety six. It was three days after that that
35:04
Speaker 1: Sergeantallis Battle found the third and final witness who was
35:08
Speaker 1: able to implicate Lee, Clark and Brian's murder. And according
35:12
Speaker 1: to Brian's aunt Melody, this witness was the most important
35:15
Speaker 1: witness of them all.
35:18
Speaker 5: The smoking gun or the what did she call the lynchpin?
35:21
Speaker 5: The she what stood out to her as the.
35:25
Speaker 3: Evidence that convicted them Lee well committed Lee was Charlie's testimony.
35:31
Speaker 1: Really yeah, Charlie identified Lee in court and that's what
35:37
Speaker 1: put him away because she kind of acknowledged there was
35:40
Speaker 1: not that much evidence against Lee otherwise. Charlie Childers and
35:44
Speaker 1: his brother Wayne had been with the Bowling family in
35:46
Speaker 1: their living room the night that Brian was shot. When
35:50
Speaker 1: the gun had gone off in Brian's bedroom, everyone else
35:52
Speaker 1: had rushed over to see what had happened, but Charlie
35:55
Speaker 1: Childers had stayed put.
35:57
Speaker 13: Charlie and Wayne, they were still in the living room.
36:01
Speaker 13: They didn't know what was going on and Charlie's death.
36:05
Speaker 13: So when everybody else ran to the back of the house,
36:07
Speaker 13: Charlie stayed in the living room, you know, And the
36:10
Speaker 13: front porch light was on and it shined out there
36:13
Speaker 13: and you could see the front yard real good, and
36:18
Speaker 13: I guess that's where he's seen Ly run across.
36:22
Speaker 1: Because Charlie is deaf, Sergeant Battle had not been able
36:25
Speaker 1: to interview him directly. At trial, Battle testified that he'd
36:30
Speaker 1: spoken to Charlie through his brother Wayne, who had acted
36:32
Speaker 1: as translator, and Battle said through Wayne, Charlie had told
36:37
Speaker 1: him about how he'd been looking out the window after
36:40
Speaker 1: Brian was shot, and how he'd seen a boy run
36:43
Speaker 1: through the Bowling's front yard. The Battle said that when
36:46
Speaker 1: he showed Charlie the same lineup that he'd shown to
36:48
Speaker 1: Angela Bruce. Charlie had immediately circled photo number two, the
36:53
Speaker 1: photo of Daryl Lee Clark. I know that the guy's
36:58
Speaker 1: battle first talked to Charlie like probably six seven months
37:02
Speaker 1: after Brian was killed. Do you know why it took
37:06
Speaker 1: so long to know them to connect?
37:09
Speaker 4: I really don't.
37:13
Speaker 6: You know.
37:14
Speaker 10: I think, you know, with with Charlie having the language barrier,
37:18
Speaker 10: Wayne could Wane could sign with Charlie just fine. And
37:23
Speaker 10: then of course when in trial they brought in another
37:27
Speaker 10: interpreter right that was totally you know, neutral, but he
37:32
Speaker 10: picked him out in trial.
37:34
Speaker 1: Lee's father, Glenn says that although Charlie and Wayne Childers
37:37
Speaker 1: knew kane story, they hadn't known Lee at all.
37:41
Speaker 9: Kane knowed both of these brothers, but uh, far as
37:46
Speaker 9: I know, they had never been up there, but they
37:48
Speaker 9: knew Kane pretty well.
37:50
Speaker 5: Is there any reason to believe that Charlie's brother had
37:53
Speaker 5: anything against Kine or Lee or anyone.
37:58
Speaker 9: Kane never done nothing to them. You know that they
38:00
Speaker 9: locked him, you know, theyd him come around and it
38:04
Speaker 9: wasn't no, there was no reason there for them to
38:06
Speaker 9: have any bad feelings.
38:07
Speaker 1: Told him Brian's a Melody was right about Charlie Childers.
38:11
Speaker 1: If he did see Lee Clark running outside the Bowlings
38:14
Speaker 1: trailer that night, that is the smoking gun in this case.
38:18
Speaker 1: We needed to find out how certain Charlie was that
38:21
Speaker 1: the boy he'd seen running through the Bowling's front yard
38:23
Speaker 1: really had been Lee Clark. And to do that we
38:27
Speaker 1: needed to find Charlie.
38:29
Speaker 12: Well, Silver Creek meaning Mark that's still work.
38:32
Speaker 10: Charlie's always worked.
38:33
Speaker 12: There, and honestly they might be able to give you
38:36
Speaker 12: information where to find him.
38:39
Speaker 7: Charlie. If you want around Silver Creek area, that that
38:43
Speaker 7: Many Mark in that Craton Road, you're gonna see Charlie.
38:47
Speaker 1: All right, Well, should we have her of the Silver
38:49
Speaker 1: Creek Many mart Charlie. In the past, Charlie and Wayne
38:53
Speaker 1: Childers would not have been hard to find. That turned
38:57
Speaker 1: out to no longer be the case, though, have you
39:00
Speaker 1: I've seen them.
39:00
Speaker 3: Around, really, I see.
39:03
Speaker 13: I think it was probably six months ago I seen Charlie.
39:07
Speaker 13: He was working back up here at the store, but
39:10
Speaker 13: he's not now. I'm not sure where they're living.
39:14
Speaker 14: How ever, meet the Childers man.
39:16
Speaker 1: We can't find him. No one knew where to find Charlie,
39:19
Speaker 1: but Jacinda and I weren't going to give up that easily.
39:23
Speaker 1: Charlie is too important to this case.
39:28
Speaker 5: Given all the missing records, the only way to answer
39:31
Speaker 5: a lot of the questions we have about this case
39:34
Speaker 5: would be to hear from the investigators themselves.
39:37
Speaker 1: So wow, So you guys spent basically two weeks down
39:43
Speaker 1: in Rome. What's your takeaway?
39:47
Speaker 4: What do you think happened?
39:49
Speaker 7: Now?
39:50
Speaker 1: I still think we need the piece that we need
39:52
Speaker 1: to understand how this investigation went down. We need to
39:55
Speaker 1: get from the investigators themselves. Ideally David Stewart. I think
40:00
Speaker 1: there are pieces of this case that only they can answer.
40:03
Speaker 1: But in terms of most of the witnesses how they
40:05
Speaker 1: ended up involved in this case, I feel like you've
40:07
Speaker 1: a much better idea of that. Aside from Angela Bruce,
40:10
Speaker 1: how she got involved, how Dallas Battle found her are
40:12
Speaker 1: still a black box.
40:14
Speaker 5: Which is why Susan and I had been looking forward
40:16
Speaker 5: to the interview we'd set up with investigator David Stewart.
40:20
Speaker 5: Then on the day we were scheduled to meet, I
40:23
Speaker 5: got a message from him.
40:25
Speaker 3: I just got a text from mister Stuart.
40:27
Speaker 4: Oh what did I say?
40:29
Speaker 5: Unfortunately, Investigator David Stewart had to cancel on us. We
40:34
Speaker 5: were really disappointed because we think he may have answers
40:37
Speaker 5: to these questions, and I think he really wanted to
40:40
Speaker 5: talk to us. We called Kevin to let him know
40:43
Speaker 5: what was going on. So the reason we're not having
40:47
Speaker 5: jinks and chatting is because I got an email she
40:50
Speaker 5: liked to hear it. Yes, all right, so he says,
40:54
Speaker 5: dear miss Davis, I regret to inform you that I
40:58
Speaker 5: will not be able to meet and give you an
41:00
Speaker 5: interview or talk with your company about the Brian Bolling murder.
41:03
Speaker 5: We discussed briefly last week when you showed up at
41:06
Speaker 5: my apartment. I'm laughing because we literally did just knock
41:10
Speaker 5: on his door.
41:11
Speaker 3: And he pointed that out.
41:13
Speaker 5: I'm sorry for this decision, but is above my head
41:16
Speaker 5: and out of my control. He's restricted to disclosing or
41:19
Speaker 5: communicating with the public and or media regarding active cases
41:23
Speaker 5: or anything concerning my agency or former agency, including current
41:27
Speaker 5: or past cases and incidents I have been involved in
41:31
Speaker 5: without the full permission of my sheriff and the district attorney.
41:35
Speaker 5: So I don't know that if that means he asked
41:37
Speaker 5: and they told him no, or if he needs to ask.
41:41
Speaker 1: It means they told him no.
41:44
Speaker 12: Yeah, I would interpret it that it means it means
41:47
Speaker 12: that they told him no. And I would also interpret
41:51
Speaker 12: that he didn't write that either.
41:53
Speaker 1: I read that as Floyd County PD has a rule
41:56
Speaker 1: book that says no knocking. There's another question too, though,
42:03
Speaker 1: that you might be wondering about right now, and that's
42:07
Speaker 1: why did investigators believe that Brian Bowling had been murdered
42:10
Speaker 1: when moments before he was shot and killed, he had
42:13
Speaker 1: told his girlfriend that he was playing Russian Roulette. But
42:17
Speaker 1: that question we do have the answer to. Did you
42:21
Speaker 1: know that you were what's called an unindicted co conspirator.
42:24
Speaker 1: I don't know that ms, but you could tell me.
42:27
Speaker 12: Well you were.
42:29
Speaker 1: So sometimes they'll describe krimlacs that others were involved in,
42:32
Speaker 1: but not criminally charge them. So you were named in
42:34
Speaker 1: the charging documents the conspirator to the murder. Oh wow,
42:37
Speaker 1: but one he was not being criminally charged?
42:40
Speaker 12: Wow?
42:40
Speaker 3: What does that even my stands about.
42:42
Speaker 1: Caprice Hyatt was not her self charged with conspiracy to
42:45
Speaker 1: commit murder, but Lee Clark and Kine's story were charged
42:48
Speaker 1: with conspiring with her to murder Brian. If you're a
42:52
Speaker 1: co conspirator. Why wouldn't you be charged? Police believe that
42:54
Speaker 1: you're a murderer. I mean, you're guilty of conspiracy to
42:57
Speaker 1: commit murder, so why wouldn't they.
42:59
Speaker 3: Charge you up?
43:01
Speaker 1: That might say the way, it's because of Angela Bruce
43:06
Speaker 1: that Caprice Hyatt was named the co conspirator. One week
43:10
Speaker 1: after Battle and Stewart first interviewed her, they went back
43:12
Speaker 1: to her trailer to talk to her again, and this
43:15
Speaker 1: time Angela Bruce told them something that she'd forgotten to
43:18
Speaker 1: mention when they'd talked to her before.
43:23
Speaker 3: When Lee and Kin had been in her kitchen, Angela.
43:26
Speaker 5: Said, confessing to everyone there that they had conspired to
43:30
Speaker 5: murder Brian Bowling. They also explained that there had been
43:33
Speaker 5: a third member of this conspiracy, Caprice Hyatt. Brian's girlfriend
43:39
Speaker 5: Lee Clark. Had told everyone in Angela's kitchen that Caprice's
43:43
Speaker 5: role in this conspiracy had been to call Brian and
43:46
Speaker 5: find out if he was home. Then, when she finally
43:49
Speaker 5: did get him on the phone, she'd send a message
43:51
Speaker 5: to Lee's bieber to let him know that Brian was
43:54
Speaker 5: there and that they could go ahead with the plan. Then,
43:58
Speaker 5: while Lee and Kin were busy confessing to all of this,
44:01
Speaker 5: Caprice herself had shown up on Angela's doorstep. She had
44:05
Speaker 5: blonde hair, Angela said, and she'd driven up to the
44:07
Speaker 5: trailer in a little black or blue car. There was
44:10
Speaker 5: another teenage girl with Caprice as well, but Angela.
44:14
Speaker 3: Didn't know who she was.
44:15
Speaker 5: Caprice had come up to Angela's door and asked for
44:18
Speaker 5: Lee and Kane. The two boys had then left the party,
44:21
Speaker 5: with Caprice popping into the little blue or black car
44:24
Speaker 5: with her and the other girl, all four of them
44:27
Speaker 5: driving off together.
44:29
Speaker 1: Caprice had known that there were some in Silver Creek
44:31
Speaker 1: who had suspected that she'd been part of a plot
44:34
Speaker 1: to kill Brian, but she told us that what she'd
44:37
Speaker 1: never understood is why anyone would think that she'd had
44:40
Speaker 1: a reason to want Brian dead. Why would you kill
44:43
Speaker 1: even why?
44:44
Speaker 3: Well, what would be my point? Well, I mean, what
44:48
Speaker 3: would be my motive?
44:49
Speaker 1: Did they ever tell you or suggest what the motive
44:51
Speaker 1: would be for you? So what they say is that
44:54
Speaker 1: you were part of the gang, and that the gang
44:57
Speaker 1: had rules that said anyone who talked the police must
45:00
Speaker 1: be killed, and because Brian talked to the police, you
45:03
Speaker 1: agreed the other gang members that he had.
45:05
Speaker 9: To be killed.
45:06
Speaker 1: Oh wow, you didn't know that.
45:10
Speaker 7: Wow.
45:12
Speaker 1: Of course, if Lee, Clark and Kine's story are guilty
45:15
Speaker 1: of conspiracy to commit murder, then Caprice Hyatt must have
45:18
Speaker 1: been guilty of murder as well, even if for some
45:21
Speaker 1: unknown reason the prosecutor had decided to let her get
45:24
Speaker 1: away with it. Well, for their theory to you kind
45:27
Speaker 1: of have to be involved because you're saying that Brian
45:30
Speaker 1: told you on the phone he's playing Russian Roulette. So
45:33
Speaker 1: if there was no Russian Roulette, then why would you
45:35
Speaker 1: say that. So if you're telling the truth about the
45:38
Speaker 1: Russian Roulette, then then there wasn't a murder. So you
45:42
Speaker 1: have to be lying in order for it to be
45:44
Speaker 1: a murder. According to Angela Bruce, Caprice Hyatt had been
45:50
Speaker 1: part of the conspiracy the murder Brian at trial, it
45:53
Speaker 1: was her testimony alone that linked Caprice to the crime.
45:58
Speaker 1: But according to Angela Bruce, this murder conspiracy had also
46:02
Speaker 1: involved shooting Brian through a pillow placed over his head,
46:05
Speaker 1: and that should have been a big problem for investigators
46:08
Speaker 1: because the pillow was sent to the crime lab for
46:10
Speaker 1: testing and the results came back negative for the presidence
46:14
Speaker 1: of gunshot residue next week on Proof and I think
46:23
Speaker 1: you mentioned that your brother was at the crime lab.
46:26
Speaker 3: Yeah, and they took his body to the crime lab.
46:28
Speaker 3: I guess for the all tops and everything, that's what
46:31
Speaker 3: I was.
46:32
Speaker 4: That's what I was told.
46:35
Speaker 9: You were with Lee.
46:35
Speaker 7: Yeah, I mean it was a party and that night
46:38
Speaker 7: we dropped gang off. We went back party.
46:42
Speaker 12: Only no lines and was bringing around. I think it's
46:44
Speaker 12: going to lead them a you niration and this didn't
46:47
Speaker 12: my sision. I can't prove it one word another, but
46:50
Speaker 12: I think I don't need to stamped back to damn
46:52
Speaker 12: Dallas finals to the Bold and come caught and put
46:56
Speaker 12: it in the old Tannager's mind.
47:00
Speaker 5: He certainly wasn't proud of what everyone down and he
47:02
Speaker 5: changed his story too at the very end.
47:04
Speaker 3: I don't know if it was a slip or intentionally.
47:06
Speaker 15: He said, I get all these paper tis mine about
47:10
Speaker 15: all these phone calls, Caprice Hoard supposed to be on
47:15
Speaker 15: the paper book. Where why's nobody.
47:18
Speaker 6: Wait wait, wait, wait to step you You've been listening
47:26
Speaker 6: to Proof, a podcast by Red Marble Media.
47:30
Speaker 3: We'll be back next Monday for episode five.
47:33
Speaker 5: Send us your questions and comments at proofcrimepod at gmail
47:36
Speaker 5: dot com. We'll respond during our bonus episodes Proof Sidebar
47:40
Speaker 5: on Thursdays. Kevin Fitzpatrick is our executive producer. Our logo
47:45
Speaker 5: was designed by Drew Hosski and our theme music is
47:48
Speaker 5: by Ramiro Marquez. Audio production for this episode is by
47:52
Speaker 5: Adam Goldstein and Michael Yulatowski. Our social media manager is
47:57
Speaker 5: skylard Park. Thank you to our sponsors for me making
48:00
Speaker 5: it possible for us to come.
48:01
Speaker 1: Back week after week.
48:02
Speaker 5: Follow us everywhere with the handle at Proofcrimepod and on
48:06
Speaker 5: our websiteproofcrimepod dot com.
48:09
Speaker 3: That's all for this week. Thanks so much for listening.