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Would you like to inspect the original subtitles? These are the user uploaded subtitles that are being translated: 1 00:00:07,007 --> 00:00:13,412 Behind a strip center face-down with his hands tied behind his 2 00:00:13,414 --> 00:00:13,812 with his hands tied behind his back. 3 00:00:13,814 --> 00:00:15,247 Back. >> we were all just belief and 4 00:00:15,249 --> 00:00:16,382 >> we were all just belief and thinking, "no, it can't be 5 00:00:16,384 --> 00:00:16,782 thinking, "no, it can't be him." 6 00:00:16,784 --> 00:00:18,250 him." >> it was not only one. It was 7 00:00:18,252 --> 00:00:18,984 >> it was not only one. It was two cold-blooded murders. 8 00:00:18,986 --> 00:00:20,619 Two cold-blooded murders. >> in the residence, there was 9 00:00:20,621 --> 00:00:21,553 >> in the residence, there was a great deal of blood. We found 10 00:00:21,555 --> 00:00:22,988 a great deal of blood. We found what would be described as a 11 00:00:22,990 --> 00:00:23,589 what would be described as a makeshift coffin. 12 00:00:23,591 --> 00:00:25,424 Makeshift coffin. >> it was pure profit, and it 13 00:00:25,426 --> 00:00:26,692 >> it was pure profit, and it was pure evil that they would 14 00:00:26,694 --> 00:00:29,061 was pure evil that they would do these things to different 15 00:00:29,063 --> 00:00:29,495 do these things to different people. 16 00:00:29,497 --> 00:00:31,764 People. >> a sex ad had been placed. 17 00:00:31,766 --> 00:00:32,631 >> a sex ad had been placed. The ad was for, "have sex with 18 00:00:32,633 --> 00:00:33,465 the ad was for, "have sex with me. My husband likes to watch." 19 00:00:33,467 --> 00:00:35,167 me. My husband likes to watch." >> he was not going to pull 20 00:00:35,169 --> 00:00:38,604 >> he was not going to pull over willingly. I was 21 00:00:38,606 --> 00:00:39,405 over willingly. I was absolutely in fear of my life. 22 00:00:39,407 --> 00:00:43,208 Absolutely in fear of my life. >> five unique perspectives. 23 00:00:43,210 --> 00:00:44,543 >> five unique perspectives. Five points of view. One 24 00:00:44,545 --> 00:00:44,977 five points of view. One murder. 25 00:00:44,979 --> 00:00:45,878 Murder. >> I'm rudy lopes'niece. 26 00:00:45,880 --> 00:00:46,879 >> I'm rudy lopes'niece. >> my name is butch matjeka. 27 00:00:46,881 --> 00:00:48,080 >> my name is butch matjeka. >> my name is dan downing. 28 00:00:48,082 --> 00:00:49,681 >> my name is dan downing. >> I was the lead investigator. 29 00:00:49,683 --> 00:00:51,116 >> I was the lead investigator. >> I was lead prosecutor. 30 00:00:51,118 --> 00:00:53,152 >> I was lead prosecutor. >> I was convicted of capital 31 00:00:53,154 --> 00:00:53,719 >> I was convicted of capital murder in 2003. 32 00:00:53,721 --> 00:01:07,966 Murder in 2003. >> I'm nicole acosta, and I am 33 00:01:07,968 --> 00:01:11,503 >> I'm nicole acosta, and I am rudy lopes'niece. My tío rudy 34 00:01:11,505 --> 00:01:13,405 rudy lopes'niece. My tío rudy was one of my favorite uncles. 35 00:01:13,407 --> 00:01:14,740 Was one of my favorite uncles. He grew up in san antonio. He 36 00:01:14,742 --> 00:01:19,178 he grew up in san antonio. He had two very loving parents. He 37 00:01:19,180 --> 00:01:24,616 had two very loving parents. He would always encourage my 38 00:01:24,618 --> 00:01:25,918 would always encourage my cousin and I to get good grades, 39 00:01:25,920 --> 00:01:26,985 cousin and I to get good grades, and every time we got an "a" on 40 00:01:26,987 --> 00:01:28,253 and every time we got an "a" on our report card, we would go to 41 00:01:28,255 --> 00:01:30,522 our report card, we would go to a restaurant. And he was just 42 00:01:30,524 --> 00:01:31,790 a restaurant. And he was just an overall, like, loving 43 00:01:31,792 --> 00:01:32,925 an overall, like, loving person. He would bring my aunt 44 00:01:32,927 --> 00:01:34,560 person. He would bring my aunt flowers just because it was, 45 00:01:34,562 --> 00:01:35,461 flowers just because it was, you know, Tuesday. He was 46 00:01:35,463 --> 00:01:37,663 you know, Tuesday. He was working as sheriff at the jail, 47 00:01:37,665 --> 00:01:40,065 working as sheriff at the jail, bexar county. He wore that 48 00:01:40,067 --> 00:01:47,206 bexar county. He wore that badge with a lot of pride. He 49 00:01:47,208 --> 00:01:48,740 badge with a lot of pride. He was able to climb the ranks 50 00:01:48,742 --> 00:01:50,042 was able to climb the ranks there at the bexar county jail 51 00:01:50,044 --> 00:01:52,711 there at the bexar county jail as a sheriff. He was very, very 52 00:01:52,713 --> 00:01:56,615 as a sheriff. He was very, very proud and very determined to 53 00:01:56,617 --> 00:01:57,850 proud and very determined to move up. And, you know, he 54 00:01:57,852 --> 00:02:02,754 move up. And, you know, he loved to do what he did. If 55 00:02:02,756 --> 00:02:03,722 loved to do what he did. If anyone was doing anything 56 00:02:03,724 --> 00:02:04,723 anyone was doing anything incorrectly or wrong, we would 57 00:02:04,725 --> 00:02:09,128 incorrectly or wrong, we would tell them, you know, "my tío 58 00:02:09,130 --> 00:02:10,696 tell them, you know, "my tío rudy's the sheriff, so he's 59 00:02:10,698 --> 00:02:11,330 rudy's the sheriff, so he's gonna come get you." 60 00:02:11,332 --> 00:02:17,302 gonna come get you." >> tío rudy and my tía alma 61 00:02:17,304 --> 00:02:19,571 >> tío rudy and my tía alma were honestly a love story. The 62 00:02:19,573 --> 00:02:22,541 were honestly a love story. The way they just got along 63 00:02:22,543 --> 00:02:23,809 way they just got along together, they never fought in 64 00:02:23,811 --> 00:02:24,676 together, they never fought in front of us, and I'm not even 65 00:02:24,678 --> 00:02:25,677 front of us, and I'm not even sure if they even fought about 66 00:02:25,679 --> 00:02:27,546 sure if they even fought about anything. When my tío rudy and 67 00:02:27,548 --> 00:02:30,382 anything. When my tío rudy and my tía alma got married, I was 68 00:02:30,384 --> 00:02:31,717 my tía alma got married, I was maybe a couple of months old. 69 00:02:31,719 --> 00:02:33,218 Maybe a couple of months old. They just loved each other so 70 00:02:33,220 --> 00:02:34,553 they just loved each other so much, and you could tell every 71 00:02:34,555 --> 00:02:35,621 much, and you could tell every time, you know, at family 72 00:02:35,623 --> 00:02:36,955 time, you know, at family events, tío rudy and tía alma 73 00:02:36,957 --> 00:02:39,258 events, tío rudy and tía alma were always together. And they 74 00:02:39,260 --> 00:02:40,659 were always together. And they would go to the coast every 75 00:02:40,661 --> 00:02:42,294 would go to the coast every single year for their 76 00:02:42,296 --> 00:02:43,495 single year for their anniversary. And actually, that 77 00:02:43,497 --> 00:02:44,863 anniversary. And actually, that year he was planning to go on a 78 00:02:44,865 --> 00:02:46,398 year he was planning to go on a cruise. The night of October 79 00:02:46,400 --> 00:02:56,208 cruise. The night of October 11th, my tío rudy didn't show 80 00:02:56,210 --> 00:02:58,677 11th, my tío rudy didn't show up at home. At first, my tía 81 00:02:58,679 --> 00:03:02,848 up at home. At first, my tía alma was like, "oh, you know, 82 00:03:02,850 --> 00:03:09,087 alma was like, "oh, you know, maybe he picked up a second job, 83 00:03:09,089 --> 00:03:11,190 maybe he picked up a second job, " maybe, you know, he went out 84 00:03:11,192 --> 00:03:14,193 " maybe, you know, he went out with his friends and just 85 00:03:14,195 --> 00:03:15,961 with his friends and just forgot to tell her. When he 86 00:03:15,963 --> 00:03:18,096 forgot to tell her. When he wasn't answering his phone, he 87 00:03:18,098 --> 00:03:20,332 wasn't answering his phone, he still hadn't showed up hours 88 00:03:20,334 --> 00:03:22,134 still hadn't showed up hours later, she had called missing 89 00:03:22,136 --> 00:03:25,437 later, she had called missing persons and reached out to our 90 00:03:25,439 --> 00:03:29,274 persons and reached out to our family friend, who was also in 91 00:03:29,276 --> 00:03:30,375 family friend, who was also in the sheriff's department. I 92 00:03:30,377 --> 00:03:31,810 the sheriff's department. I know this is very, very unlike 93 00:03:31,812 --> 00:03:34,580 know this is very, very unlike my uncle rudy to not show up, 94 00:03:34,582 --> 00:03:45,958 my uncle rudy to not show up, not call. In the morning of 95 00:03:45,960 --> 00:03:49,561 not call. In the morning of Friday the 13th, I woke up at 96 00:03:49,563 --> 00:03:53,465 Friday the 13th, I woke up at 3:00 in the morning and tried 97 00:03:53,467 --> 00:03:56,001 3:00 in the morning and tried to go back to sleep. And then I 98 00:03:56,003 --> 00:03:57,769 to go back to sleep. And then I heard the phone ringing. It 99 00:03:57,771 --> 00:03:59,838 heard the phone ringing. It just kept ringing and ringing, 100 00:03:59,840 --> 00:04:00,906 just kept ringing and ringing, and so finally, I was sitting 101 00:04:00,908 --> 00:04:02,541 and so finally, I was sitting up. I was about to go answer it, 102 00:04:02,543 --> 00:04:06,345 up. I was about to go answer it, to figure out who's calling at 103 00:04:06,347 --> 00:04:07,679 to figure out who's calling at this time. And then I heard my 104 00:04:07,681 --> 00:04:13,252 this time. And then I heard my mom's footsteps and she 105 00:04:13,254 --> 00:04:15,787 mom's footsteps and she answered the phone. And -- and 106 00:04:15,789 --> 00:04:22,127 answered the phone. And -- and she just started crying. I was 107 00:04:22,129 --> 00:04:26,598 she just started crying. I was in the fourth grade at the time, 108 00:04:26,600 --> 00:04:31,069 in the fourth grade at the time, so I didn't know what was 109 00:04:31,071 --> 00:04:32,037 so I didn't know what was happening. So I went to go 110 00:04:32,039 --> 00:04:35,307 happening. So I went to go comfort her. And then she told 111 00:04:35,309 --> 00:04:36,675 comfort her. And then she told me that my uncle had been shot. 112 00:04:36,677 --> 00:04:39,211 Me that my uncle had been shot. Our family friend actually knew 113 00:04:39,213 --> 00:04:41,246 our family friend actually knew what had happened to my uncle 114 00:04:41,248 --> 00:04:42,547 what had happened to my uncle rudy, but wasn't able to tell 115 00:04:42,549 --> 00:04:44,016 rudy, but wasn't able to tell my tía alma over the phone 116 00:04:44,018 --> 00:04:49,354 my tía alma over the phone 'cause it wasn't correct 117 00:04:49,356 --> 00:04:51,323 'cause it wasn't correct protocol. I believe it was two 118 00:04:51,325 --> 00:04:53,225 protocol. I believe it was two deputies who showed up to break 119 00:04:53,227 --> 00:04:54,393 deputies who showed up to break the news to her, about where he 120 00:04:54,395 --> 00:04:55,694 the news to her, about where he was found and that he was 121 00:04:55,696 --> 00:04:57,095 was found and that he was found. She couldn't believe it. 122 00:04:57,097 --> 00:04:58,397 Found. She couldn't believe it. And she was like, "no, not my 123 00:04:58,399 --> 00:05:00,132 and she was like, "no, not my rudy. It can't be." like the 124 00:05:00,134 --> 00:05:02,034 rudy. It can't be." like the rest of the family, too, that 125 00:05:02,036 --> 00:05:02,734 rest of the family, too, that he's no longer with us. 126 00:05:02,736 --> 00:05:11,677 He's no longer with us. 127 00:05:16,416 --> 00:05:18,483 >> my name is butch matjeka, and I was the lead investigator 128 00:05:18,485 --> 00:05:22,187 and I was the lead investigator on the murder of rudy lopes. On 129 00:05:22,189 --> 00:05:22,988 on the murder of rudy lopes. On October 12, 2000, it was late 130 00:05:22,990 --> 00:05:23,655 October 12, 2000, it was late in the afternoon. I was getting 131 00:05:23,657 --> 00:05:25,791 in the afternoon. I was getting ready to go home. Our shift was 132 00:05:25,793 --> 00:05:28,360 ready to go home. Our shift was just about ending. And our 133 00:05:28,362 --> 00:05:29,861 just about ending. And our office got a call for a doa, a 134 00:05:29,863 --> 00:05:32,464 office got a call for a doa, a body that was found out behind 135 00:05:32,466 --> 00:05:33,365 body that was found out behind a strip center off thousand 136 00:05:33,367 --> 00:05:34,099 a strip center off thousand oaks in north san antonio. 137 00:05:34,101 --> 00:05:44,209 Oaks in north san antonio. Rudy's body was found by some 138 00:05:44,211 --> 00:05:46,611 rudy's body was found by some young girls who were walking 139 00:05:46,613 --> 00:05:48,280 young girls who were walking behind the strip center. Course, 140 00:05:48,282 --> 00:05:50,048 behind the strip center. Course, they became very scared, ran 141 00:05:50,050 --> 00:05:51,116 they became very scared, ran home, and parents were the ones 142 00:05:51,118 --> 00:05:52,284 home, and parents were the ones that made the 9-1-1 call. He 143 00:05:52,286 --> 00:05:53,518 that made the 9-1-1 call. He was face-down with his hands 144 00:05:53,520 --> 00:05:56,021 was face-down with his hands tied behind his back. He had 145 00:05:56,023 --> 00:05:57,389 tied behind his back. He had another piece of cloth or a 146 00:05:57,391 --> 00:05:58,790 another piece of cloth or a shirt that was wrapped around 147 00:05:58,792 --> 00:06:00,759 shirt that was wrapped around his eyes as a kind of a 148 00:06:00,761 --> 00:06:02,227 his eyes as a kind of a blindfold. We didn't get a lot 149 00:06:02,229 --> 00:06:03,895 blindfold. We didn't get a lot of information from the girls. 150 00:06:03,897 --> 00:06:05,130 Of information from the girls. So we began what we call a 151 00:06:05,132 --> 00:06:09,568 so we began what we call a canvass. We start knocking on 152 00:06:09,570 --> 00:06:10,535 canvass. We start knocking on doors, talking to people and 153 00:06:10,537 --> 00:06:11,436 doors, talking to people and see if they heard anything, if 154 00:06:11,438 --> 00:06:15,974 see if they heard anything, if they saw anything. The owner of 155 00:06:15,976 --> 00:06:29,187 they saw anything. The owner of the karate school, charles 156 00:06:29,189 --> 00:06:30,689 the karate school, charles dudley, he told us that the 157 00:06:30,691 --> 00:06:31,690 dudley, he told us that the night before, as he was closing 158 00:06:31,692 --> 00:06:32,824 night before, as he was closing up, he saw a newer model chevy 159 00:06:32,826 --> 00:06:33,825 up, he saw a newer model chevy truck pull into the area at the 160 00:06:33,827 --> 00:06:34,793 truck pull into the area at the end of the strip center and go 161 00:06:34,795 --> 00:06:36,595 end of the strip center and go around behind it. And rudy had 162 00:06:36,597 --> 00:06:38,263 around behind it. And rudy had a brand new 2000 chevy truck, 163 00:06:38,265 --> 00:06:39,197 a brand new 2000 chevy truck, dual cab, gold in color. 164 00:06:39,199 --> 00:06:42,067 Dual cab, gold in color. Considering the time of the 165 00:06:42,069 --> 00:06:43,235 considering the time of the night, it was still fairly 166 00:06:43,237 --> 00:06:45,737 night, it was still fairly early, 9:00. I don't think he 167 00:06:45,739 --> 00:06:46,838 early, 9:00. I don't think he really thought anything illegal 168 00:06:46,840 --> 00:06:49,808 really thought anything illegal was going on. It was just 169 00:06:49,810 --> 00:06:50,609 was going on. It was just unusual for him to see it. And 170 00:06:50,611 --> 00:06:52,043 unusual for him to see it. And of course, it drew his 171 00:06:52,045 --> 00:06:57,549 of course, it drew his attention because that's his 172 00:06:57,551 --> 00:06:59,084 attention because that's his business. We didn't get much 173 00:06:59,086 --> 00:07:01,019 business. We didn't get much from anybody else in the strip 174 00:07:01,021 --> 00:07:06,491 from anybody else in the strip center, but as the story came 175 00:07:06,493 --> 00:07:08,293 center, but as the story came out on the news, we had a 176 00:07:08,295 --> 00:07:10,395 out on the news, we had a police officer that called us 177 00:07:10,397 --> 00:07:11,329 police officer that called us the very next day and told us 178 00:07:11,331 --> 00:07:12,197 the very next day and told us that while he was on patrol, he 179 00:07:12,199 --> 00:07:14,266 that while he was on patrol, he heard a gunshot go off. So with 180 00:07:14,268 --> 00:07:16,468 heard a gunshot go off. So with what mr. Dudley told us and 181 00:07:16,470 --> 00:07:17,602 what mr. Dudley told us and what the officer told us about 182 00:07:17,604 --> 00:07:19,204 what the officer told us about the time of hearing the gunshot, 183 00:07:19,206 --> 00:07:20,839 the time of hearing the gunshot, we were able to place rudy's 184 00:07:20,841 --> 00:07:30,282 we were able to place rudy's death around 10:00 that night. 185 00:07:30,284 --> 00:07:32,484 Death around 10:00 that night. We went and talked to alma 186 00:07:32,486 --> 00:07:34,052 we went and talked to alma lopes, rudy's wife. We learned 187 00:07:34,054 --> 00:07:36,955 lopes, rudy's wife. We learned that rudy had worked in the 188 00:07:36,957 --> 00:07:38,824 that rudy had worked in the jail. He was a jail sergeant at 189 00:07:38,826 --> 00:07:40,358 jail. He was a jail sergeant at the time, had a good 190 00:07:40,360 --> 00:07:41,893 the time, had a good reputation. Alma never gave us 191 00:07:41,895 --> 00:07:43,562 reputation. Alma never gave us any indication that rudy had 192 00:07:43,564 --> 00:07:45,096 any indication that rudy had any threats made, that anybody 193 00:07:45,098 --> 00:07:46,531 any threats made, that anybody was out for revenge from the 194 00:07:46,533 --> 00:07:48,033 was out for revenge from the jail. The only thing that kind 195 00:07:48,035 --> 00:07:49,234 jail. The only thing that kind of drew our attention was she 196 00:07:49,236 --> 00:07:50,335 of drew our attention was she told us that they were having 197 00:07:50,337 --> 00:07:52,871 told us that they were having some difficulty in the 198 00:07:52,873 --> 00:07:56,708 some difficulty in the marriage. It had been some time 199 00:07:56,710 --> 00:07:59,177 marriage. It had been some time since they had been together. 200 00:07:59,179 --> 00:08:01,546 Since they had been together. We pulled his bank records. We 201 00:08:01,548 --> 00:08:03,148 we pulled his bank records. We pulled all of his phone 202 00:08:03,150 --> 00:08:04,082 pulled all of his phone records. Basically just threw 203 00:08:04,084 --> 00:08:06,451 records. Basically just threw out a wide net. "let's see 204 00:08:06,453 --> 00:08:07,319 out a wide net. "let's see where he's been. Let's see what 205 00:08:07,321 --> 00:08:08,353 where he's been. Let's see what he's been doing." as we looked 206 00:08:08,355 --> 00:08:09,154 he's been doing." as we looked through his financial records, 207 00:08:09,156 --> 00:08:09,988 through his financial records, what we did see was there was a 208 00:08:09,990 --> 00:08:10,722 what we did see was there was a purchase made at frederick's of 209 00:08:10,724 --> 00:08:11,790 purchase made at frederick's of hollywood. I think it was 210 00:08:11,792 --> 00:08:13,291 hollywood. I think it was around $90. Alma told us he 211 00:08:13,293 --> 00:08:14,626 around $90. Alma told us he hadn't brought anything home 212 00:08:14,628 --> 00:08:15,794 hadn't brought anything home from frederick's. So at that 213 00:08:15,796 --> 00:08:16,561 from frederick's. So at that point, we started to believe 214 00:08:16,563 --> 00:08:19,564 point, we started to believe that we might be looking at 215 00:08:19,566 --> 00:08:21,533 that we might be looking at some type of an affair, but we 216 00:08:21,535 --> 00:08:23,368 some type of an affair, but we weren't really sure what we 217 00:08:23,370 --> 00:08:25,604 weren't really sure what we were looking at yet. We sent a 218 00:08:25,606 --> 00:08:27,172 were looking at yet. We sent a team of investigators to 219 00:08:27,174 --> 00:08:32,811 team of investigators to frederick's of hollywood to 220 00:08:32,813 --> 00:08:34,212 frederick's of hollywood to look into this. Clerks see so 221 00:08:34,214 --> 00:08:35,213 look into this. Clerks see so many people throughout the day. 222 00:08:35,215 --> 00:08:37,649 Many people throughout the day. It's hard for them to remember. 223 00:08:37,651 --> 00:08:39,217 It's hard for them to remember. But amazingly, the clerk in 224 00:08:39,219 --> 00:08:40,218 but amazingly, the clerk in this particular case did 225 00:08:40,220 --> 00:08:41,319 this particular case did remember rudy from the 226 00:08:41,321 --> 00:08:42,087 remember rudy from the description. She also 227 00:08:42,089 --> 00:08:42,954 description. She also remembered that when rudy came 228 00:08:42,956 --> 00:08:43,755 remembered that when rudy came in, he was with two people, a 229 00:08:43,757 --> 00:08:44,823 in, he was with two people, a young girl and another male. 230 00:08:44,825 --> 00:08:46,691 Young girl and another male. And her idea, when this 231 00:08:46,693 --> 00:08:55,200 and her idea, when this purchase was made, was that 232 00:08:55,202 --> 00:08:57,135 purchase was made, was that rudy was buying the negligee 233 00:08:57,137 --> 00:08:57,969 rudy was buying the negligee for the young girl. We asked 234 00:08:57,971 --> 00:08:58,970 for the young girl. We asked about whether he seemed to be 235 00:08:58,972 --> 00:08:59,804 about whether he seemed to be coerced. And her response to us 236 00:08:59,806 --> 00:09:00,939 coerced. And her response to us was, "no, this was very willing, 237 00:09:00,941 --> 00:09:01,907 was, "no, this was very willing, very voluntary." there was 238 00:09:01,909 --> 00:09:02,741 very voluntary." there was nothing that would give her any 239 00:09:02,743 --> 00:09:04,543 nothing that would give her any indication that anything was 240 00:09:04,545 --> 00:09:07,345 indication that anything was wrong at that time. As we 241 00:09:07,347 --> 00:09:10,148 wrong at that time. As we continued to look through 242 00:09:10,150 --> 00:09:11,616 continued to look through rudy's financial records, we 243 00:09:11,618 --> 00:09:12,651 rudy's financial records, we found out that there were two 244 00:09:12,653 --> 00:09:15,186 found out that there were two withdrawals from an atm machine 245 00:09:15,188 --> 00:09:17,422 withdrawals from an atm machine from rudy's bank on the day 246 00:09:17,424 --> 00:09:20,125 from rudy's bank on the day that we believe he was 247 00:09:20,127 --> 00:09:23,061 that we believe he was kidnapped and murdered. One of 248 00:09:23,063 --> 00:09:24,529 kidnapped and murdered. One of the withdrawals was for $100. 249 00:09:24,531 --> 00:09:25,297 The withdrawals was for $100. The other withdrawal was for 250 00:09:25,299 --> 00:09:26,831 the other withdrawal was for $300. We went to rudy's bank, 251 00:09:26,833 --> 00:09:28,333 $300. We went to rudy's bank, and they were able to find 252 00:09:28,335 --> 00:09:30,535 and they were able to find video footage that showed a 253 00:09:30,537 --> 00:09:32,037 video footage that showed a young girl driving a -- what 254 00:09:32,039 --> 00:09:33,438 young girl driving a -- what appears to be a newer chevy 255 00:09:33,440 --> 00:09:36,174 appears to be a newer chevy model truck, leaning out the 256 00:09:36,176 --> 00:09:37,709 model truck, leaning out the window, putting in the pin 257 00:09:37,711 --> 00:09:38,677 window, putting in the pin number and making both 258 00:09:38,679 --> 00:09:40,445 number and making both withdrawals before she drove 259 00:09:40,447 --> 00:09:43,882 withdrawals before she drove away. Rudy wasn't in the video. 260 00:09:43,884 --> 00:09:45,450 Away. Rudy wasn't in the video. So we continued to look through 261 00:09:45,452 --> 00:09:59,564 so we continued to look through his telephone records, and we 262 00:09:59,566 --> 00:10:00,665 his telephone records, and we found a number of calls that 263 00:10:00,667 --> 00:10:01,499 found a number of calls that had been placed to a number of 264 00:10:01,501 --> 00:10:02,200 had been placed to a number of hotels along the ih-35 corridor 265 00:10:02,202 --> 00:10:04,502 hotels along the ih-35 corridor in san antonio. We sent a team 266 00:10:04,504 --> 00:10:06,638 in san antonio. We sent a team of investigators to the hotels. 267 00:10:06,640 --> 00:10:07,672 Of investigators to the hotels. And again, thankfully, we came 268 00:10:07,674 --> 00:10:09,441 and again, thankfully, we came across a clerk who remembered 269 00:10:09,443 --> 00:10:10,909 across a clerk who remembered the calls being made. They 270 00:10:10,911 --> 00:10:12,444 the calls being made. They showed her the picture from the 271 00:10:12,446 --> 00:10:15,013 showed her the picture from the atm. The clerk remembered the 272 00:10:15,015 --> 00:10:17,182 atm. The clerk remembered the woman and identified her from 273 00:10:17,184 --> 00:10:20,952 woman and identified her from checking in as a girl named 274 00:10:20,954 --> 00:10:22,153 checking in as a girl named trina dorris. Well, we don't 275 00:10:22,155 --> 00:10:29,227 trina dorris. Well, we don't have a lot of information on 276 00:10:29,229 --> 00:10:30,629 have a lot of information on trina dorris, other than her 277 00:10:30,631 --> 00:10:31,730 trina dorris, other than her name. So, there's not a whole 278 00:10:31,732 --> 00:10:32,797 name. So, there's not a whole lot we can do. We continue to 279 00:10:32,799 --> 00:10:33,732 lot we can do. We continue to comb through his telephone 280 00:10:33,734 --> 00:10:35,000 comb through his telephone records, and we find a phone 281 00:10:35,002 --> 00:10:36,501 records, and we find a phone number that he made four phone 282 00:10:36,503 --> 00:10:37,602 number that he made four phone calls to the day he died. That 283 00:10:37,604 --> 00:10:39,270 calls to the day he died. That comes back to a robert brown. 284 00:10:39,272 --> 00:10:42,941 Comes back to a robert brown. We went to talk to mr. Brown. 285 00:10:42,943 --> 00:10:49,981 We went to talk to mr. Brown. When we talked to mr. Brown, he 286 00:10:49,983 --> 00:10:52,784 when we talked to mr. Brown, he remembered rudy lopes calling 287 00:10:52,786 --> 00:10:55,120 remembered rudy lopes calling his home, trying to get in 288 00:10:55,122 --> 00:10:56,154 his home, trying to get in touch with a woman who had been 289 00:10:56,156 --> 00:10:57,088 touch with a woman who had been staying with him. He also 290 00:10:57,090 --> 00:10:58,256 staying with him. He also identified the woman as trina 291 00:10:58,258 --> 00:10:59,224 identified the woman as trina dorris. He also told us that 292 00:10:59,226 --> 00:11:02,694 dorris. He also told us that she was with a man who 293 00:11:02,696 --> 00:11:05,597 she was with a man who identified himself as mo. 294 00:11:05,599 --> 00:11:08,900 Identified himself as mo. Robert brown had contacted 295 00:11:08,902 --> 00:11:09,834 robert brown had contacted trina dorris and mo at the time 296 00:11:09,836 --> 00:11:11,136 trina dorris and mo at the time in response to a sex ad that 297 00:11:11,138 --> 00:11:12,404 in response to a sex ad that had been placed in a magazine 298 00:11:12,406 --> 00:11:14,005 had been placed in a magazine in san antonio called "the 299 00:11:14,007 --> 00:11:15,340 in san antonio called "the current." the ad was for, "have 300 00:11:15,342 --> 00:11:16,508 current." the ad was for, "have sex with me. My husband likes 301 00:11:16,510 --> 00:11:18,176 sex with me. My husband likes to watch." that never happened, 302 00:11:18,178 --> 00:11:19,444 to watch." that never happened, although the promise of sex 303 00:11:19,446 --> 00:11:22,180 although the promise of sex kept coming. They told him they 304 00:11:22,182 --> 00:11:25,383 kept coming. They told him they were from out of town. They 305 00:11:25,385 --> 00:11:28,019 were from out of town. They didn't have a place to stay. He 306 00:11:28,021 --> 00:11:30,321 didn't have a place to stay. He allowed them to come to the 307 00:11:30,323 --> 00:11:32,791 allowed them to come to the house and stay with him for a 308 00:11:32,793 --> 00:11:33,858 house and stay with him for a couple of nights. He remembered 309 00:11:33,860 --> 00:11:34,993 couple of nights. He remembered that on the day that rudy lopes 310 00:11:34,995 --> 00:11:37,595 that on the day that rudy lopes was killed, rudy called his 311 00:11:37,597 --> 00:11:38,663 was killed, rudy called his house four times looking for 312 00:11:38,665 --> 00:11:39,864 house four times looking for trina, trying to get in touch 313 00:11:39,866 --> 00:11:41,866 trina, trying to get in touch with her. Rudy had been 314 00:11:41,868 --> 00:11:43,468 with her. Rudy had been scheduled to meet with her, 315 00:11:43,470 --> 00:11:44,703 scheduled to meet with her, allegedly to have sex that day. 316 00:11:44,705 --> 00:11:47,172 Allegedly to have sex that day. Robert did tell us that trina 317 00:11:47,174 --> 00:11:49,240 robert did tell us that trina was a dancer, and she was going 318 00:11:49,242 --> 00:11:50,842 was a dancer, and she was going out looking for work as a 319 00:11:50,844 --> 00:11:52,377 out looking for work as a dancer. And so, what that 320 00:11:52,379 --> 00:11:53,411 dancer. And so, what that necessitated was for the 321 00:11:53,413 --> 00:11:55,880 necessitated was for the homicide unit to visit almost 322 00:11:55,882 --> 00:11:56,848 homicide unit to visit almost every strip club there was in 323 00:11:56,850 --> 00:11:58,616 every strip club there was in san antonio at that time. We 324 00:11:58,618 --> 00:12:00,585 san antonio at that time. We sent investigators out 325 00:12:00,587 --> 00:12:01,953 sent investigators out primarily around the area where 326 00:12:01,955 --> 00:12:03,154 primarily around the area where he worked, but we did visit as 327 00:12:03,156 --> 00:12:05,223 he worked, but we did visit as many strip clubs as we possibly 328 00:12:05,225 --> 00:12:08,526 many strip clubs as we possibly could. We got lucky. We 329 00:12:08,528 --> 00:12:11,362 could. We got lucky. We actually found a strip club on 330 00:12:11,364 --> 00:12:15,734 actually found a strip club on 410, where trina was working 331 00:12:15,736 --> 00:12:17,936 410, where trina was working for a short period of time. And 332 00:12:17,938 --> 00:12:19,771 for a short period of time. And in finding that, we were able 333 00:12:19,773 --> 00:12:20,672 in finding that, we were able to get her driver's license. 334 00:12:20,674 --> 00:12:22,107 To get her driver's license. Now we have something we can 335 00:12:22,109 --> 00:12:22,874 now we have something we can look into for trina dorris. 336 00:12:22,876 --> 00:12:25,076 Look into for trina dorris. 337 00:12:30,382 --> 00:12:32,317 >> my name's dan downing. I'm one of the investigators that 338 00:12:32,319 --> 00:12:33,151 one of the investigators that worked a murder case just south 339 00:12:33,153 --> 00:12:34,853 worked a murder case just south of indianapolis in 2000. We 340 00:12:34,855 --> 00:12:36,421 of indianapolis in 2000. We received information from san 341 00:12:36,423 --> 00:12:37,756 received information from san antonio officials that they had 342 00:12:37,758 --> 00:12:38,823 antonio officials that they had a similar case with an 343 00:12:38,825 --> 00:12:39,991 a similar case with an individual that was shot and 344 00:12:39,993 --> 00:12:40,892 individual that was shot and killed there, rudy lopes. There 345 00:12:40,894 --> 00:12:42,927 killed there, rudy lopes. There were some differences in rudy 346 00:12:42,929 --> 00:12:48,299 were some differences in rudy lopes'death. However, they were 347 00:12:48,301 --> 00:12:50,835 lopes'death. However, they were both bound behind the back. 348 00:12:50,837 --> 00:12:56,007 Both bound behind the back. Both of the individuals were 349 00:12:56,009 --> 00:13:01,946 both of the individuals were shot in the head. Just prior to 350 00:13:01,948 --> 00:13:03,581 shot in the head. Just prior to 8:00 a.M., I was notified by 351 00:13:03,583 --> 00:13:04,983 8:00 a.M., I was notified by our communications center of a 352 00:13:04,985 --> 00:13:07,452 our communications center of a request for investigators at a 353 00:13:07,454 --> 00:13:08,953 request for investigators at a residence. I spoke with our 354 00:13:08,955 --> 00:13:09,888 residence. I spoke with our uniformed officers that were on 355 00:13:09,890 --> 00:13:11,055 uniformed officers that were on the scene. They kind of gave me 356 00:13:11,057 --> 00:13:12,957 the scene. They kind of gave me the rundown of what had taken 357 00:13:12,959 --> 00:13:14,726 the rundown of what had taken place. The homeowner was found 358 00:13:14,728 --> 00:13:15,994 place. The homeowner was found in the trunk of a burning 359 00:13:15,996 --> 00:13:17,262 in the trunk of a burning vehicle just north of morgan 360 00:13:17,264 --> 00:13:23,868 vehicle just north of morgan county. A passerby reported the 361 00:13:23,870 --> 00:13:25,203 county. A passerby reported the car fire. It was just off of a 362 00:13:25,205 --> 00:13:28,373 car fire. It was just off of a state highway. We learned via 363 00:13:28,375 --> 00:13:29,507 state highway. We learned via dental records that it was 364 00:13:29,509 --> 00:13:31,109 dental records that it was robby bott. He was an airplane 365 00:13:31,111 --> 00:13:33,444 robby bott. He was an airplane mechanic locally here in 366 00:13:33,446 --> 00:13:35,013 mechanic locally here in indianapolis. Basically, a 367 00:13:35,015 --> 00:13:37,415 indianapolis. Basically, a divorced father, kept to 368 00:13:37,417 --> 00:13:39,083 divorced father, kept to himself. Mr. Bott's home was 369 00:13:39,085 --> 00:13:41,352 himself. Mr. Bott's home was extremely neat. Everything had 370 00:13:41,354 --> 00:13:43,087 extremely neat. Everything had a place, and you could tell 371 00:13:43,089 --> 00:13:44,956 a place, and you could tell that it was very well taken 372 00:13:44,958 --> 00:13:46,791 that it was very well taken care of, but items were 373 00:13:46,793 --> 00:13:51,529 care of, but items were missing. So, there were 374 00:13:51,531 --> 00:13:56,401 missing. So, there were imprints from where a stereo 375 00:13:56,403 --> 00:13:58,102 imprints from where a stereo would have been sitting and 376 00:13:58,104 --> 00:13:59,971 would have been sitting and different electronic items in 377 00:13:59,973 --> 00:14:01,806 different electronic items in the house. We found in the 378 00:14:01,808 --> 00:14:14,519 the house. We found in the kitchen area two chairs that 379 00:14:14,521 --> 00:14:15,753 kitchen area two chairs that were facing each other and a 380 00:14:15,755 --> 00:14:16,554 were facing each other and a large pile of cigarette ashes 381 00:14:16,556 --> 00:14:18,223 large pile of cigarette ashes to the side of one of those 382 00:14:18,225 --> 00:14:19,190 to the side of one of those chairs. There was also a small 383 00:14:19,192 --> 00:14:20,458 chairs. There was also a small amount of blood droplets that 384 00:14:20,460 --> 00:14:21,559 amount of blood droplets that were located around the chair. 385 00:14:21,561 --> 00:14:22,927 Were located around the chair. That went along with our theory 386 00:14:22,929 --> 00:14:23,928 that went along with our theory that some type of an 387 00:14:23,930 --> 00:14:25,296 that some type of an interrogation or negotiation 388 00:14:25,298 --> 00:14:26,197 interrogation or negotiation that had taken place there in 389 00:14:26,199 --> 00:14:27,131 that had taken place there in the kitchen because they were 390 00:14:27,133 --> 00:14:28,533 the kitchen because they were low-velocity droplets, like 391 00:14:28,535 --> 00:14:29,667 low-velocity droplets, like someone had been struck. There 392 00:14:29,669 --> 00:14:30,501 someone had been struck. There were a couple fingerprints, but 393 00:14:30,503 --> 00:14:31,703 were a couple fingerprints, but the majority of the surfaces, 394 00:14:31,705 --> 00:14:34,072 the majority of the surfaces, as we printed every surface in 395 00:14:34,074 --> 00:14:35,206 as we printed every surface in the residence, we found that 396 00:14:35,208 --> 00:14:37,775 the residence, we found that they had been wiped off. On day 397 00:14:37,777 --> 00:14:39,277 they had been wiped off. On day two of the investigation, we 398 00:14:39,279 --> 00:14:42,146 two of the investigation, we received a call from the 399 00:14:42,148 --> 00:14:43,414 received a call from the speedway police department that 400 00:14:43,416 --> 00:14:45,617 speedway police department that an identification belonging to 401 00:14:45,619 --> 00:14:47,218 an identification belonging to robby bott had been located in 402 00:14:47,220 --> 00:14:48,720 robby bott had been located in a rental property in speedway. 403 00:14:48,722 --> 00:14:49,954 A rental property in speedway. The actual landlord had been 404 00:14:49,956 --> 00:14:51,322 the actual landlord had been evicting his current tenants. 405 00:14:51,324 --> 00:14:53,224 Evicting his current tenants. He had hired a cleaning crew to 406 00:14:53,226 --> 00:14:59,697 he had hired a cleaning crew to come in and clean out all the 407 00:14:59,699 --> 00:15:05,503 come in and clean out all the property of the tenants that 408 00:15:05,505 --> 00:15:06,671 property of the tenants that were living in the residence. 409 00:15:06,673 --> 00:15:07,705 Were living in the residence. When they lifted up a couch 410 00:15:07,707 --> 00:15:11,209 when they lifted up a couch cushion, they found a .22 rifle 411 00:15:11,211 --> 00:15:12,410 cushion, they found a .22 rifle and also the wallet. There was 412 00:15:12,412 --> 00:15:14,479 and also the wallet. There was a great deal of blood that went 413 00:15:14,481 --> 00:15:16,180 a great deal of blood that went from the garage area through 414 00:15:16,182 --> 00:15:18,016 from the garage area through the service door into the 415 00:15:18,018 --> 00:15:20,051 the service door into the residence, and then down the 416 00:15:20,053 --> 00:15:24,822 residence, and then down the stairway. Once we got to the 417 00:15:24,824 --> 00:15:25,723 stairway. Once we got to the basement, we found a wardrobe 418 00:15:25,725 --> 00:15:27,025 basement, we found a wardrobe that was lying on its back and 419 00:15:27,027 --> 00:15:27,992 that was lying on its back and had a padlock hasp attached to 420 00:15:27,994 --> 00:15:29,560 had a padlock hasp attached to the front of it. There was a 421 00:15:29,562 --> 00:15:30,662 the front of it. There was a bullet projectile that was in 422 00:15:30,664 --> 00:15:32,163 bullet projectile that was in the box itself. There was also 423 00:15:32,165 --> 00:15:35,667 the box itself. There was also a pillow that had a 424 00:15:35,669 --> 00:15:36,801 a pillow that had a through-and-through gunshot 425 00:15:36,803 --> 00:15:38,236 through-and-through gunshot wound, which would have been 426 00:15:38,238 --> 00:15:39,437 wound, which would have been indicative to using a pillow 427 00:15:39,439 --> 00:15:41,205 indicative to using a pillow over the end of a firearm as a 428 00:15:41,207 --> 00:15:42,440 over the end of a firearm as a suppressor to muffle the sound. 429 00:15:42,442 --> 00:15:43,541 Suppressor to muffle the sound. A lot of the items that we 430 00:15:43,543 --> 00:15:44,842 a lot of the items that we found missing from mr. Bott's 431 00:15:44,844 --> 00:15:46,644 found missing from mr. Bott's house were now being utilized 432 00:15:46,646 --> 00:15:48,146 house were now being utilized in the speedway home. It 433 00:15:48,148 --> 00:15:52,917 in the speedway home. It started to become more apparent 434 00:15:52,919 --> 00:15:54,819 started to become more apparent that mr. Bott was encountered 435 00:15:54,821 --> 00:15:56,287 that mr. Bott was encountered at his residence in some way 436 00:15:56,289 --> 00:15:59,257 at his residence in some way and then taken to the secondary 437 00:15:59,259 --> 00:16:00,358 and then taken to the secondary location in speedway, where he 438 00:16:00,360 --> 00:16:02,360 location in speedway, where he was then kept for a period of 439 00:16:02,362 --> 00:16:10,268 was then kept for a period of time until his final demise. 440 00:16:10,270 --> 00:16:11,235 Time until his final demise. Initially, we found some credit 441 00:16:11,237 --> 00:16:12,403 initially, we found some credit card receipts at mr. Bott's 442 00:16:12,405 --> 00:16:13,671 card receipts at mr. Bott's residence. The wallet did not 443 00:16:13,673 --> 00:16:15,173 residence. The wallet did not have any credit cards. So we 444 00:16:15,175 --> 00:16:16,741 have any credit cards. So we started running through the 445 00:16:16,743 --> 00:16:18,343 started running through the different credit services mr. 446 00:16:18,345 --> 00:16:19,644 Different credit services mr. Bott's information in an 447 00:16:19,646 --> 00:16:20,712 bott's information in an attempt to find out or trace 448 00:16:20,714 --> 00:16:22,447 attempt to find out or trace his last steps. We found that 449 00:16:22,449 --> 00:16:24,515 his last steps. We found that during the timeframe that mr. 450 00:16:24,517 --> 00:16:25,650 During the timeframe that mr. Bott was abducted, he had went 451 00:16:25,652 --> 00:16:31,589 bott was abducted, he had went to several locations and 452 00:16:31,591 --> 00:16:33,124 to several locations and actually purchased numerous 453 00:16:33,126 --> 00:16:34,425 actually purchased numerous household items. Generally, 454 00:16:34,427 --> 00:16:35,960 household items. Generally, people don't go on a shopping 455 00:16:35,962 --> 00:16:43,301 people don't go on a shopping spree right before their death. 456 00:16:43,303 --> 00:16:44,268 Spree right before their death. We sent investigators to those 457 00:16:44,270 --> 00:16:45,203 we sent investigators to those specific merchants to hopefully 458 00:16:45,205 --> 00:16:51,175 specific merchants to hopefully obtain surveillance video. In 459 00:16:51,177 --> 00:16:53,044 obtain surveillance video. In one of the stores, mr. Bott was 460 00:16:53,046 --> 00:16:54,879 one of the stores, mr. Bott was walking along, pushing a 461 00:16:54,881 --> 00:16:56,214 walking along, pushing a shopping cart that was full of 462 00:16:56,216 --> 00:16:58,082 shopping cart that was full of numerous items. He was 463 00:16:58,084 --> 00:16:59,717 numerous items. He was accompanied by a female. Mr. 464 00:16:59,719 --> 00:17:02,153 Accompanied by a female. Mr. Bott is shown in the video 465 00:17:02,155 --> 00:17:03,454 bott is shown in the video looking up at the camera and 466 00:17:03,456 --> 00:17:13,197 looking up at the camera and mouthing, "help me." during the 467 00:17:13,199 --> 00:17:15,466 mouthing, "help me." during the examination of the bank records, 468 00:17:15,468 --> 00:17:16,467 examination of the bank records, we found that there were 469 00:17:16,469 --> 00:17:17,402 we found that there were purchases not only here in 470 00:17:17,404 --> 00:17:19,570 purchases not only here in indiana at a local sex shop, 471 00:17:19,572 --> 00:17:21,105 indiana at a local sex shop, but also in san antonio, texas, 472 00:17:21,107 --> 00:17:23,341 but also in san antonio, texas, at a similar type of shop. We 473 00:17:23,343 --> 00:17:25,410 at a similar type of shop. We also know that there's a female 474 00:17:25,412 --> 00:17:28,379 also know that there's a female that's involved. So we also go 475 00:17:28,381 --> 00:17:29,814 that's involved. So we also go back to mr. Bott's residence. 476 00:17:29,816 --> 00:17:31,416 Back to mr. Bott's residence. We found in the master bedroom 477 00:17:31,418 --> 00:17:34,852 we found in the master bedroom but there was an empty condom 478 00:17:34,854 --> 00:17:35,753 but there was an empty condom wrapper lying on the floor next 479 00:17:35,755 --> 00:17:37,021 wrapper lying on the floor next to the bed. We also found that 480 00:17:37,023 --> 00:17:38,890 to the bed. We also found that the bed sheets of the master 481 00:17:38,892 --> 00:17:41,259 the bed sheets of the master bedroom were gone. So at that 482 00:17:41,261 --> 00:17:47,165 bedroom were gone. So at that point, we're looking at, "was 483 00:17:47,167 --> 00:17:49,100 point, we're looking at, "was this a sexual encounter gone 484 00:17:49,102 --> 00:17:50,802 this a sexual encounter gone wrong? Was this some type of 485 00:17:50,804 --> 00:17:52,070 wrong? Was this some type of hook-up, some type of a 486 00:17:52,072 --> 00:17:53,805 hook-up, some type of a prostitution element that had 487 00:17:53,807 --> 00:17:55,273 prostitution element that had went wrong for mr. Bott? " 488 00:17:55,275 --> 00:17:56,374 went wrong for mr. Bott? " during communications with san 489 00:17:56,376 --> 00:17:59,110 during communications with san antonio police department, we 490 00:17:59,112 --> 00:18:00,545 antonio police department, we learned that, through credit 491 00:18:00,547 --> 00:18:02,113 learned that, through credit card statements, there were 492 00:18:02,115 --> 00:18:03,347 card statements, there were purchases made in san antonio, 493 00:18:03,349 --> 00:18:04,949 purchases made in san antonio, texas, and they had a similar 494 00:18:04,951 --> 00:18:06,651 texas, and they had a similar case with an individual that 495 00:18:06,653 --> 00:18:07,885 case with an individual that was shot and killed there and a 496 00:18:07,887 --> 00:18:09,420 was shot and killed there and a male and female suspect who may 497 00:18:09,422 --> 00:18:10,755 male and female suspect who may have been using aliases, 498 00:18:10,757 --> 00:18:12,090 have been using aliases, possibly a trina dorris and a 499 00:18:12,092 --> 00:18:19,564 possibly a trina dorris and a male by the name of mo. We were 500 00:18:19,566 --> 00:18:21,132 male by the name of mo. We were able to identify trina dorris, 501 00:18:21,134 --> 00:18:22,800 able to identify trina dorris, speak with her, and send 502 00:18:22,802 --> 00:18:23,668 speak with her, and send photographs to san antonio 503 00:18:23,670 --> 00:18:26,571 photographs to san antonio police department so that they 504 00:18:26,573 --> 00:18:31,876 police department so that they can compare with their videos. 505 00:18:31,878 --> 00:18:36,581 Can compare with their videos. It was not trina dorris. The 506 00:18:36,583 --> 00:18:37,448 it was not trina dorris. The landlord in speedway was 507 00:18:37,450 --> 00:18:38,950 landlord in speedway was forthcoming with the 508 00:18:38,952 --> 00:18:40,718 forthcoming with the information of who was renting 509 00:18:40,720 --> 00:18:42,220 information of who was renting from him at that point time. He 510 00:18:42,222 --> 00:18:43,921 from him at that point time. He had originally made an 511 00:18:43,923 --> 00:18:44,889 had originally made an agreement with the individuals 512 00:18:44,891 --> 00:18:46,390 agreement with the individuals that were living there that 513 00:18:46,392 --> 00:18:47,692 that were living there that they were gonna do some 514 00:18:47,694 --> 00:18:49,160 they were gonna do some maintenance to the residence in 515 00:18:49,162 --> 00:18:51,062 maintenance to the residence in lieu of paying rent. They 516 00:18:51,064 --> 00:18:52,029 lieu of paying rent. They hadn't been doing the 517 00:18:52,031 --> 00:18:53,998 hadn't been doing the maintenance they agreed to, so 518 00:18:54,000 --> 00:18:55,600 maintenance they agreed to, so he was going to evict them. The 519 00:18:55,602 --> 00:18:57,001 he was going to evict them. The folks that actually rented the 520 00:18:57,003 --> 00:19:00,004 folks that actually rented the place was tess mcfarland and 521 00:19:00,006 --> 00:19:04,375 place was tess mcfarland and joshua maxwell. Trina was a 522 00:19:04,377 --> 00:19:05,376 joshua maxwell. Trina was a friend of tess mcfarland and 523 00:19:05,378 --> 00:19:06,744 friend of tess mcfarland and apparently had been using her 524 00:19:06,746 --> 00:19:11,015 apparently had been using her information as an alias. We 525 00:19:11,017 --> 00:19:13,484 information as an alias. We were able to run criminal 526 00:19:13,486 --> 00:19:14,252 were able to run criminal histories and obtain booking 527 00:19:14,254 --> 00:19:14,886 histories and obtain booking photos of both those 528 00:19:14,888 --> 00:19:16,087 photos of both those individuals. We then compared 529 00:19:16,089 --> 00:19:17,822 individuals. We then compared all of those photographs 530 00:19:17,824 --> 00:19:19,624 all of those photographs against the videos here in 531 00:19:19,626 --> 00:19:20,658 against the videos here in indiana, as well as the video 532 00:19:20,660 --> 00:19:22,560 indiana, as well as the video from san antonio, texas, to 533 00:19:22,562 --> 00:19:24,462 from san antonio, texas, to confirm that the people we were 534 00:19:24,464 --> 00:19:26,097 confirm that the people we were looking for, in fact, was tess 535 00:19:26,099 --> 00:19:26,898 looking for, in fact, was tess mcfarland and joshua maxwell. 536 00:19:26,900 --> 00:19:35,873 Mcfarland and joshua maxwell. 537 00:19:38,043 --> 00:19:40,044 >> my name is tessie mcfarland. I was born in the outskirts of 538 00:19:40,046 --> 00:19:40,912 I was born in the outskirts of indianapolis, around wanamaker. 539 00:19:40,914 --> 00:19:41,579 Indianapolis, around wanamaker. My biological father was killed 540 00:19:41,581 --> 00:19:44,415 my biological father was killed when I was 2, but my mother 541 00:19:44,417 --> 00:19:48,920 when I was 2, but my mother remarried early on, and my 542 00:19:48,922 --> 00:19:51,055 remarried early on, and my stepfather raised me as his 543 00:19:51,057 --> 00:19:53,291 stepfather raised me as his own. In my freshman year, I met 544 00:19:53,293 --> 00:19:55,660 own. In my freshman year, I met my son's father, and we got 545 00:19:55,662 --> 00:19:56,827 my son's father, and we got together and stayed together 546 00:19:56,829 --> 00:19:58,162 together and stayed together for several years. Money was 547 00:19:58,164 --> 00:20:00,565 for several years. Money was just so tight that when we 548 00:20:00,567 --> 00:20:02,266 just so tight that when we broke up, I was kind of on my 549 00:20:02,268 --> 00:20:08,139 broke up, I was kind of on my own. Josh maxwell, he was a 550 00:20:08,141 --> 00:20:09,640 own. Josh maxwell, he was a friend of my brother's, and my 551 00:20:09,642 --> 00:20:12,343 friend of my brother's, and my brother's friends, and during a 552 00:20:12,345 --> 00:20:14,946 brother's friends, and during a summer that I was going to 553 00:20:14,948 --> 00:20:16,714 summer that I was going to driver's ed, I was at a party 554 00:20:16,716 --> 00:20:18,249 driver's ed, I was at a party where we all sat around and was 555 00:20:18,251 --> 00:20:19,884 where we all sat around and was watching basketball. That's the 556 00:20:19,886 --> 00:20:20,885 watching basketball. That's the first time I'd ever been 557 00:20:20,887 --> 00:20:21,886 first time I'd ever been introduced to him, and I was 15 558 00:20:21,888 --> 00:20:29,560 introduced to him, and I was 15 at that time. Fast-forward five 559 00:20:29,562 --> 00:20:30,561 at that time. Fast-forward five years, I reconnected with josh 560 00:20:30,563 --> 00:20:32,730 years, I reconnected with josh maxwell after he had been 561 00:20:32,732 --> 00:20:34,699 maxwell after he had been released from prison. He's 562 00:20:34,701 --> 00:20:35,733 released from prison. He's looking for my brother, my 563 00:20:35,735 --> 00:20:37,802 looking for my brother, my stepsister, and people that he 564 00:20:37,804 --> 00:20:39,937 stepsister, and people that he hung out with. Somehow, he ran 565 00:20:39,939 --> 00:20:41,205 hung out with. Somehow, he ran across my telephone number. I 566 00:20:41,207 --> 00:20:43,140 across my telephone number. I was just like, "oh, wow, " you 567 00:20:43,142 --> 00:20:44,709 was just like, "oh, wow, " you know, blast-from-the-past type 568 00:20:44,711 --> 00:20:48,579 know, blast-from-the-past type thing. I believe our romance 569 00:20:48,581 --> 00:20:50,314 thing. I believe our romance was an absolute whirlwind. He 570 00:20:50,316 --> 00:20:51,749 was an absolute whirlwind. He immediately moved in, where I 571 00:20:51,751 --> 00:20:54,919 immediately moved in, where I was living at the time. Like, 572 00:20:54,921 --> 00:20:56,387 was living at the time. Like, from almost -- from probably 573 00:20:56,389 --> 00:20:58,089 from almost -- from probably two weeks in, we just had a 574 00:20:58,091 --> 00:20:59,724 two weeks in, we just had a very strong connection from the 575 00:20:59,726 --> 00:21:02,526 very strong connection from the very beginning. It happened so 576 00:21:02,528 --> 00:21:03,761 very beginning. It happened so quickly that I think that's 577 00:21:03,763 --> 00:21:05,396 quickly that I think that's also part of the reason why I 578 00:21:05,398 --> 00:21:09,834 also part of the reason why I never seen red flags. I 579 00:21:09,836 --> 00:21:12,837 never seen red flags. I originally met robby bott in 580 00:21:12,839 --> 00:21:14,672 originally met robby bott in the bar that I was working at, 581 00:21:14,674 --> 00:21:16,374 the bar that I was working at, and he had worked for federal 582 00:21:16,376 --> 00:21:19,243 and he had worked for federal express and had been talking 583 00:21:19,245 --> 00:21:21,145 express and had been talking about openings in his job, how 584 00:21:21,147 --> 00:21:23,014 about openings in his job, how well they paid or whatever, and 585 00:21:23,016 --> 00:21:24,915 well they paid or whatever, and so I had got a business card 586 00:21:24,917 --> 00:21:27,018 so I had got a business card from him. I thought this would 587 00:21:27,020 --> 00:21:29,120 from him. I thought this would be a great fit for josh. They 588 00:21:29,122 --> 00:21:31,522 be a great fit for josh. They started to set up meetings 589 00:21:31,524 --> 00:21:32,456 started to set up meetings where he could meet him in 590 00:21:32,458 --> 00:21:33,691 where he could meet him in person and show him around. He 591 00:21:33,693 --> 00:21:35,092 person and show him around. He had came to our house. I had 592 00:21:35,094 --> 00:21:37,361 had came to our house. I had been to his house. I never 593 00:21:37,363 --> 00:21:38,896 been to his house. I never really realized that there was 594 00:21:38,898 --> 00:21:40,665 really realized that there was maybe an underlining tone there, 595 00:21:40,667 --> 00:21:41,899 maybe an underlining tone there, maybe that he expected more out 596 00:21:41,901 --> 00:21:43,701 maybe that he expected more out of me and josh. I went to my 597 00:21:43,703 --> 00:21:52,209 of me and josh. I went to my sister's house to spend the 598 00:21:52,211 --> 00:21:54,178 sister's house to spend the night with her, her children, 599 00:21:54,180 --> 00:21:54,845 night with her, her children, and my son. We were gonna all 600 00:21:54,847 --> 00:21:55,513 and my son. We were gonna all get up and go somewhere the 601 00:21:55,515 --> 00:21:57,181 get up and go somewhere the next day, and apparently, robby 602 00:21:57,183 --> 00:21:58,983 next day, and apparently, robby and josh got into a pretty bad 603 00:21:58,985 --> 00:22:00,217 and josh got into a pretty bad argument in the basement of the 604 00:22:00,219 --> 00:22:02,453 argument in the basement of the house that we were renting at 605 00:22:02,455 --> 00:22:03,554 house that we were renting at the time. He shot and killed 606 00:22:03,556 --> 00:22:06,957 the time. He shot and killed him. To my knowledge, joshua 607 00:22:06,959 --> 00:22:09,927 him. To my knowledge, joshua put robby's body in the trunk 608 00:22:09,929 --> 00:22:11,195 put robby's body in the trunk of a car and lit the car on 609 00:22:11,197 --> 00:22:17,802 of a car and lit the car on fire. I absolutely was forced 610 00:22:17,804 --> 00:22:27,345 fire. I absolutely was forced into leaving indiana. I would 611 00:22:27,347 --> 00:22:29,714 into leaving indiana. I would have never left my child behind, 612 00:22:29,716 --> 00:22:32,983 have never left my child behind, period, consequences be (bleep) 613 00:22:32,985 --> 00:22:35,186 period, consequences be (bleep) I would have stayed. Josh was 614 00:22:35,188 --> 00:22:36,253 I would have stayed. Josh was not going to allow me to stay 615 00:22:36,255 --> 00:22:38,956 not going to allow me to stay because he felt like I knew too 616 00:22:38,958 --> 00:22:40,758 because he felt like I knew too much and that whatever I said 617 00:22:40,760 --> 00:22:41,592 much and that whatever I said would lead the cops directly to 618 00:22:41,594 --> 00:22:45,563 would lead the cops directly to where he would go. I was 619 00:22:45,565 --> 00:22:46,364 where he would go. I was handcuffed to every bed, every 620 00:22:46,366 --> 00:22:48,265 handcuffed to every bed, every bedpost. He took the handset 621 00:22:48,267 --> 00:22:49,333 bedpost. He took the handset off of every telephone in every 622 00:22:49,335 --> 00:22:51,001 off of every telephone in every hotel room. I never went 623 00:22:51,003 --> 00:22:54,772 hotel room. I never went anywhere by myself. I was 624 00:22:54,774 --> 00:22:56,841 anywhere by myself. I was absolutely in fear of my life. 625 00:22:56,843 --> 00:22:57,908 Absolutely in fear of my life. One time I was able to write a 626 00:22:57,910 --> 00:22:59,043 one time I was able to write a note to the hotel clerk. I 627 00:22:59,045 --> 00:23:00,845 note to the hotel clerk. I would try to sneak it in, in 628 00:23:00,847 --> 00:23:02,780 would try to sneak it in, in between the stacks of bills 629 00:23:02,782 --> 00:23:04,949 between the stacks of bills that I was paying with. And I 630 00:23:04,951 --> 00:23:08,018 that I was paying with. And I don't know if they just thought 631 00:23:08,020 --> 00:23:09,086 don't know if they just thought it was a joke or they just 632 00:23:09,088 --> 00:23:11,122 it was a joke or they just never looked into it, but 633 00:23:11,124 --> 00:23:11,856 never looked into it, but nobody ever contacted or 634 00:23:11,858 --> 00:23:13,391 nobody ever contacted or reached out to any number that 635 00:23:13,393 --> 00:23:14,425 reached out to any number that I left. We arrive at san 636 00:23:14,427 --> 00:23:22,366 I left. We arrive at san antonio, and the car that we 637 00:23:22,368 --> 00:23:23,367 antonio, and the car that we were driving has got mechanical 638 00:23:23,369 --> 00:23:26,370 were driving has got mechanical problems. We go into a shoney's 639 00:23:26,372 --> 00:23:28,272 problems. We go into a shoney's restaurant, and not knowing at 640 00:23:28,274 --> 00:23:30,474 restaurant, and not knowing at this time, I guess josh had 641 00:23:30,476 --> 00:23:32,209 this time, I guess josh had also contacted rudy lopes. To 642 00:23:32,211 --> 00:23:36,947 also contacted rudy lopes. To my knowledge, a sexual ad was 643 00:23:36,949 --> 00:23:37,681 my knowledge, a sexual ad was placed with josh and an 644 00:23:37,683 --> 00:23:39,450 placed with josh and an ex-boyfriend of his by the name 645 00:23:39,452 --> 00:23:40,251 ex-boyfriend of his by the name of trina, and it just happened 646 00:23:40,253 --> 00:23:41,852 of trina, and it just happened to be something that was a 647 00:23:41,854 --> 00:23:42,653 to be something that was a longstanding or a long-running 648 00:23:42,655 --> 00:23:43,654 longstanding or a long-running thing and you have to cancel 649 00:23:43,656 --> 00:23:45,289 thing and you have to cancel it. I don't know if it was a 650 00:23:45,291 --> 00:23:46,323 it. I don't know if it was a newspaper thing. I don't even 651 00:23:46,325 --> 00:23:48,058 newspaper thing. I don't even know anything about it. 652 00:23:48,060 --> 00:23:48,826 Know anything about it. Apparently, rudy had left a 653 00:23:48,828 --> 00:23:49,994 apparently, rudy had left a message in his inbox, and he 654 00:23:49,996 --> 00:23:50,928 message in his inbox, and he had gotten ahold of him. He 655 00:23:50,930 --> 00:23:53,130 had gotten ahold of him. He comes into the restaurant and 656 00:23:53,132 --> 00:23:54,131 comes into the restaurant and sits down and tells josh that a 657 00:23:54,133 --> 00:23:55,232 sits down and tells josh that a cousin of his drives a tow 658 00:23:55,234 --> 00:23:57,601 cousin of his drives a tow truck and he could get our car 659 00:23:57,603 --> 00:23:59,470 truck and he could get our car towed to a mechanic, and he 660 00:23:59,472 --> 00:24:00,271 towed to a mechanic, and he would give us a ride back to 661 00:24:00,273 --> 00:24:04,074 would give us a ride back to the hotel. At that time, I 662 00:24:04,076 --> 00:24:05,242 the hotel. At that time, I thought rudy lopes was an 663 00:24:05,244 --> 00:24:06,410 thought rudy lopes was an absolute stranger and just 664 00:24:06,412 --> 00:24:08,913 absolute stranger and just being nice, helping us with the 665 00:24:08,915 --> 00:24:09,680 being nice, helping us with the car. Later on is when I find 666 00:24:09,682 --> 00:24:13,717 car. Later on is when I find out that this was all a setup. 667 00:24:13,719 --> 00:24:14,485 Out that this was all a setup. This was something that josh 668 00:24:14,487 --> 00:24:15,619 this was something that josh had planned. When we go to pick 669 00:24:15,621 --> 00:24:16,754 had planned. When we go to pick up the car later on that night, 670 00:24:16,756 --> 00:24:25,463 up the car later on that night, there was a bunch of trash in 671 00:24:25,465 --> 00:24:28,499 there was a bunch of trash in the bed of his truck, and it 672 00:24:28,501 --> 00:24:29,667 the bed of his truck, and it was rolling around, making a 673 00:24:29,669 --> 00:24:31,802 was rolling around, making a lot of noise and he was 674 00:24:31,804 --> 00:24:32,970 lot of noise and he was complaining about it. So he 675 00:24:32,972 --> 00:24:34,104 complaining about it. So he wanted to get rid of it, and he 676 00:24:34,106 --> 00:24:35,072 wanted to get rid of it, and he felt like it was scratching the 677 00:24:35,074 --> 00:24:36,173 felt like it was scratching the bed of the truck up. And so, he 678 00:24:36,175 --> 00:24:38,676 bed of the truck up. And so, he asked, could he please pull in 679 00:24:38,678 --> 00:24:39,343 asked, could he please pull in there because he saw a 680 00:24:39,345 --> 00:24:41,612 there because he saw a dumpster. I was inside the 681 00:24:41,614 --> 00:24:42,580 dumpster. I was inside the truck, and I have the radio on. 682 00:24:42,582 --> 00:24:43,714 Truck, and I have the radio on. I heard what I thought, like, 683 00:24:43,716 --> 00:24:47,518 I heard what I thought, like, was a car backfiring. Josh 684 00:24:47,520 --> 00:24:50,754 was a car backfiring. Josh explains, then, that they got 685 00:24:50,756 --> 00:24:51,856 explains, then, that they got into a physical altercation. 686 00:24:51,858 --> 00:24:53,891 Into a physical altercation. There was a discrepancy with 687 00:24:53,893 --> 00:24:54,825 there was a discrepancy with the amount of money that was 688 00:24:54,827 --> 00:24:55,960 the amount of money that was paid to have the car fixed and 689 00:24:55,962 --> 00:24:58,295 paid to have the car fixed and a gun was pulled and ultimately, 690 00:24:58,297 --> 00:25:00,464 a gun was pulled and ultimately, mr. Lopes was shot. I asked 691 00:25:00,466 --> 00:25:03,300 mr. Lopes was shot. I asked josh then, "what now? We have 692 00:25:03,302 --> 00:25:03,868 josh then, "what now? We have to go back and see what's 693 00:25:03,870 --> 00:25:07,371 to go back and see what's happened." and he's, like, not 694 00:25:07,373 --> 00:25:08,439 happened." and he's, like, not going to go for that. He gets 695 00:25:08,441 --> 00:25:10,674 going to go for that. He gets on the highway immediately and 696 00:25:10,676 --> 00:25:14,211 on the highway immediately and just starts driving. We arrived 697 00:25:14,213 --> 00:25:23,053 just starts driving. We arrived in california middle of the day 698 00:25:23,055 --> 00:25:24,121 in california middle of the day and was looking for a hotel to 699 00:25:24,123 --> 00:25:27,892 and was looking for a hotel to stay in. We pull into a gas 700 00:25:27,894 --> 00:25:28,993 stay in. We pull into a gas station and go in to get gas 701 00:25:28,995 --> 00:25:31,896 station and go in to get gas and ask for directions, and we 702 00:25:31,898 --> 00:25:32,930 and ask for directions, and we no sooner get pulled out and I 703 00:25:32,932 --> 00:25:36,800 no sooner get pulled out and I notice that there is a cop 704 00:25:36,802 --> 00:25:38,802 notice that there is a cop behind us. The police officer 705 00:25:38,804 --> 00:25:42,573 behind us. The police officer looks like, to me, that he is 706 00:25:42,575 --> 00:25:44,575 looks like, to me, that he is running the plates of this 707 00:25:44,577 --> 00:25:45,643 running the plates of this truck. And I told josh. He just 708 00:25:45,645 --> 00:25:47,845 truck. And I told josh. He just tells me to put my seatbelt on. 709 00:25:47,847 --> 00:25:49,647 Tells me to put my seatbelt on. And that, of course, was his 710 00:25:49,649 --> 00:25:51,549 and that, of course, was his way of saying that he was not 711 00:25:51,551 --> 00:25:53,551 way of saying that he was not going to pull over willingly. 712 00:25:53,553 --> 00:25:58,122 Going to pull over willingly. He shoots right behind my head. 713 00:25:58,124 --> 00:25:58,989 He shoots right behind my head. And then he shoots another shot 714 00:25:58,991 --> 00:25:59,957 and then he shoots another shot out the side window that's 715 00:25:59,959 --> 00:26:01,025 out the side window that's rolled down. The rest of the 716 00:26:01,027 --> 00:26:04,728 rolled down. The rest of the shots that were fired were by 717 00:26:04,730 --> 00:26:05,429 shots that were fired were by the san francisco police 718 00:26:05,431 --> 00:26:06,997 the san francisco police department. A motorcycle cop 719 00:26:06,999 --> 00:26:08,866 department. A motorcycle cop pulled right up on the side of 720 00:26:08,868 --> 00:26:09,833 pulled right up on the side of the car and shot into the cab 721 00:26:09,835 --> 00:26:11,869 the car and shot into the cab window, and it knocked the cab 722 00:26:11,871 --> 00:26:12,770 window, and it knocked the cab window out and went into my 723 00:26:12,772 --> 00:26:14,939 window out and went into my neck. Josh is now going down 724 00:26:14,941 --> 00:26:15,773 neck. Josh is now going down one-way streets. He's hit two 725 00:26:15,775 --> 00:26:16,874 one-way streets. He's hit two cars. I mean, it's become mass 726 00:26:16,876 --> 00:26:18,976 cars. I mean, it's become mass chaos and confusion. And the 727 00:26:18,978 --> 00:26:21,845 chaos and confusion. And the whole time, I have a bullet in 728 00:26:21,847 --> 00:26:23,948 whole time, I have a bullet in my neck. I start to freak out. 729 00:26:23,950 --> 00:26:25,883 My neck. I start to freak out. I'm bleeding a lot, losing a 730 00:26:25,885 --> 00:26:27,918 I'm bleeding a lot, losing a lot of blood, and so I take a 731 00:26:27,920 --> 00:26:28,886 lot of blood, and so I take a towel and I wrap around my neck 732 00:26:28,888 --> 00:26:29,887 towel and I wrap around my neck and I tell them to let my mom 733 00:26:29,889 --> 00:26:30,955 and I tell them to let my mom and my son know that I love 734 00:26:30,957 --> 00:26:31,355 and my son know that I love them. 735 00:26:31,357 --> 00:26:39,463 Them. 736 00:26:41,833 --> 00:26:43,367 >> my name is jim kopp. I was lead prosecutor in the capital 737 00:26:43,369 --> 00:26:44,168 lead prosecutor in the capital murder prosecutions of joshua 738 00:26:44,170 --> 00:26:44,835 murder prosecutions of joshua maxwell and tessie mcfarland. 739 00:26:44,837 --> 00:26:46,437 Maxwell and tessie mcfarland. When this case occurred, I was 740 00:26:46,439 --> 00:26:49,540 when this case occurred, I was chief of the intake division of 741 00:26:49,542 --> 00:26:50,774 chief of the intake division of the bexar county district 742 00:26:50,776 --> 00:26:52,476 the bexar county district attorney's office. We were 743 00:26:52,478 --> 00:26:53,777 attorney's office. We were aware of the murder of rudy 744 00:26:53,779 --> 00:26:55,446 aware of the murder of rudy lopes, but at that point in 745 00:26:55,448 --> 00:26:56,547 lopes, but at that point in time, we did not know who had 746 00:26:56,549 --> 00:26:57,715 time, we did not know who had committed the offense. The 747 00:26:57,717 --> 00:26:59,316 committed the offense. The district attorney got a call 748 00:26:59,318 --> 00:27:01,752 district attorney got a call from san francisco saying that 749 00:27:01,754 --> 00:27:03,654 from san francisco saying that they had apprehended two people 750 00:27:03,656 --> 00:27:06,423 they had apprehended two people that were involved in it. On 751 00:27:06,425 --> 00:27:08,759 that were involved in it. On October 17th, in san francisco, 752 00:27:08,761 --> 00:27:10,794 October 17th, in san francisco, joshua maxwell and tessie 753 00:27:10,796 --> 00:27:13,764 joshua maxwell and tessie mcfarland were in rudy 754 00:27:13,766 --> 00:27:14,598 mcfarland were in rudy lopes'stolen pickup truck. They 755 00:27:14,600 --> 00:27:16,133 lopes'stolen pickup truck. They had run a red light. So a san 756 00:27:16,135 --> 00:27:17,001 had run a red light. So a san francisco police officer pulled 757 00:27:17,003 --> 00:27:18,636 francisco police officer pulled them over. When he approached, 758 00:27:18,638 --> 00:27:19,737 them over. When he approached, they took off in the vehicle. 759 00:27:19,739 --> 00:27:21,171 They took off in the vehicle. He ran back to his car and gave 760 00:27:21,173 --> 00:27:22,406 he ran back to his car and gave chase. There was a gunfight 761 00:27:22,408 --> 00:27:24,141 chase. There was a gunfight through the streets of san 762 00:27:24,143 --> 00:27:26,877 through the streets of san francisco about 5:00 in the 763 00:27:26,879 --> 00:27:32,549 francisco about 5:00 in the afternoon. Ultimately, they 764 00:27:32,551 --> 00:27:37,521 afternoon. Ultimately, they were able to stop them by a 765 00:27:37,523 --> 00:27:40,024 were able to stop them by a police officer knowing that 766 00:27:40,026 --> 00:27:43,127 police officer knowing that their direction of travel 767 00:27:43,129 --> 00:27:44,194 their direction of travel pulled crosswise into traffic, 768 00:27:44,196 --> 00:27:46,163 pulled crosswise into traffic, so nobody could go forward. So 769 00:27:46,165 --> 00:27:47,564 so nobody could go forward. So they were able to stop the 770 00:27:47,566 --> 00:27:50,167 they were able to stop the truck and get them out. During 771 00:27:50,169 --> 00:27:53,404 truck and get them out. During the pursuit and gunfight in san 772 00:27:53,406 --> 00:27:55,539 the pursuit and gunfight in san francisco, the only person 773 00:27:55,541 --> 00:27:57,107 francisco, the only person injured was tessie mcfarland. 774 00:27:57,109 --> 00:28:01,178 Injured was tessie mcfarland. She was hit by a bullet. The 775 00:28:01,180 --> 00:28:02,346 she was hit by a bullet. The san francisco police officers 776 00:28:02,348 --> 00:28:03,647 san francisco police officers had no idea the car was stolen. 777 00:28:03,649 --> 00:28:05,082 Had no idea the car was stolen. They were simply pulling it 778 00:28:05,084 --> 00:28:06,917 they were simply pulling it over for a red light. It was 779 00:28:06,919 --> 00:28:08,419 over for a red light. It was not known that joshua maxwell 780 00:28:08,421 --> 00:28:09,586 not known that joshua maxwell and tessie mcfarland were 781 00:28:09,588 --> 00:28:10,821 and tessie mcfarland were involved in an incident in 782 00:28:10,823 --> 00:28:12,222 involved in an incident in indianapolis until after they 783 00:28:12,224 --> 00:28:13,457 indianapolis until after they were apprehended in san 784 00:28:13,459 --> 00:28:13,924 were apprehended in san francisco. 785 00:28:13,926 --> 00:28:22,299 Francisco. >> josh, what kind of vehicle 786 00:28:22,301 --> 00:28:22,833 >> josh, what kind of vehicle were you in? 787 00:28:22,835 --> 00:28:24,234 Were you in? >> uh, a gold chevy truck. 788 00:28:24,236 --> 00:28:27,604 >> uh, a gold chevy truck. >> whose truck is that, josh? 789 00:28:27,606 --> 00:28:29,606 >> whose truck is that, josh? >> rudy, rudolph lopes. 790 00:28:29,608 --> 00:28:31,709 >> rudy, rudolph lopes. >> josh, how is it that we came 791 00:28:31,711 --> 00:28:32,309 >> josh, how is it that we came to be here today? 792 00:28:32,311 --> 00:28:35,946 To be here today? >> uh, they pulled me over. 793 00:28:35,948 --> 00:28:40,150 >> uh, they pulled me over. >> the cops tried to pull you 794 00:28:40,152 --> 00:28:40,551 >> the cops tried to pull you over? 795 00:28:40,553 --> 00:28:46,623 Over? >> yeah. That's when I hit the 796 00:28:46,625 --> 00:28:46,990 >> yeah. That's when I hit the gas. 797 00:28:46,992 --> 00:28:49,059 Gas. >> how come? How come you took 798 00:28:49,061 --> 00:28:49,426 >> how come? How come you took off? 799 00:28:49,428 --> 00:28:51,195 Off? >> uh, because I'm wanted back 800 00:28:51,197 --> 00:28:51,528 >> uh, because I'm wanted back home. 801 00:28:51,530 --> 00:28:52,329 Home. >> for what? 802 00:28:52,331 --> 00:28:54,364 >> for what? >> uh, murder. 803 00:28:54,366 --> 00:28:56,433 >> uh, murder. >> josh pretty much wanted to 804 00:28:56,435 --> 00:28:58,102 >> josh pretty much wanted to take full responsibility for 805 00:28:58,104 --> 00:28:59,903 take full responsibility for the crime, and he did what 806 00:28:59,905 --> 00:29:02,206 the crime, and he did what little he could to try to 807 00:29:02,208 --> 00:29:03,507 little he could to try to shield tessie from the 808 00:29:03,509 --> 00:29:04,608 shield tessie from the consequences of what they'd 809 00:29:04,610 --> 00:29:09,213 consequences of what they'd done. In terms of robby bott, 810 00:29:09,215 --> 00:29:13,484 done. In terms of robby bott, we know both from the 811 00:29:13,486 --> 00:29:15,486 we know both from the statements joshua made, as well 812 00:29:15,488 --> 00:29:17,588 statements joshua made, as well as the evidence recovered in 813 00:29:17,590 --> 00:29:20,224 as the evidence recovered in indianapolis, that joshua and 814 00:29:20,226 --> 00:29:21,492 indianapolis, that joshua and tessie were in robby bott's 815 00:29:21,494 --> 00:29:23,694 tessie were in robby bott's house. They watched a movie, we 816 00:29:23,696 --> 00:29:25,395 house. They watched a movie, we believe. At that point in time, 817 00:29:25,397 --> 00:29:26,964 believe. At that point in time, we believe they abducted robby 818 00:29:26,966 --> 00:29:28,465 we believe they abducted robby bott. What they did is they 819 00:29:28,467 --> 00:29:31,869 bott. What they did is they took him to the basement of the 820 00:29:31,871 --> 00:29:33,437 took him to the basement of the house that they were fixing up 821 00:29:33,439 --> 00:29:36,807 house that they were fixing up in indianapolis, put him in a 822 00:29:36,809 --> 00:29:38,876 in indianapolis, put him in a wardrobe in the basement, and 823 00:29:38,878 --> 00:29:42,513 wardrobe in the basement, and locked it. They went back to 824 00:29:42,515 --> 00:29:44,214 locked it. They went back to his house, took all kinds of 825 00:29:44,216 --> 00:29:46,016 his house, took all kinds of items -- vacuum cleaners, all 826 00:29:46,018 --> 00:29:47,751 items -- vacuum cleaners, all kinds of things. Then they went 827 00:29:47,753 --> 00:29:51,155 kinds of things. Then they went back to the house. At that 828 00:29:51,157 --> 00:29:52,923 back to the house. At that point in time, they let him out 829 00:29:52,925 --> 00:29:54,158 point in time, they let him out of the closet, took him 830 00:29:54,160 --> 00:29:56,994 of the closet, took him upstairs, and they had him take 831 00:29:56,996 --> 00:29:58,829 upstairs, and they had him take them shopping. They went to a 832 00:29:58,831 --> 00:30:00,531 them shopping. They went to a store in indianapolis and 833 00:30:00,533 --> 00:30:02,633 store in indianapolis and charged up about $2,000 on his 834 00:30:02,635 --> 00:30:04,868 charged up about $2,000 on his credit card. And we have a 835 00:30:04,870 --> 00:30:06,303 credit card. And we have a video of this. Then they take 836 00:30:06,305 --> 00:30:08,605 video of this. Then they take him back to the house in 837 00:30:08,607 --> 00:30:11,175 him back to the house in indianapolis, then lock him 838 00:30:11,177 --> 00:30:13,610 indianapolis, then lock him back up in the wardrobe. They 839 00:30:13,612 --> 00:30:16,480 back up in the wardrobe. They take a pillow, shoot robby bott 840 00:30:16,482 --> 00:30:18,248 take a pillow, shoot robby bott several times, take the body, 841 00:30:18,250 --> 00:30:20,017 several times, take the body, put it in the trunk of his car, 842 00:30:20,019 --> 00:30:22,252 put it in the trunk of his car, drive it to a deserted area 843 00:30:22,254 --> 00:30:24,588 drive it to a deserted area outside of indianapolis, and 844 00:30:24,590 --> 00:30:30,093 outside of indianapolis, and set the car on fire. Well, both 845 00:30:30,095 --> 00:30:31,862 set the car on fire. Well, both people, robby bott and rudy 846 00:30:31,864 --> 00:30:34,565 people, robby bott and rudy lopes, made contact with joshua 847 00:30:34,567 --> 00:30:36,567 lopes, made contact with joshua and tessie through some type of 848 00:30:36,569 --> 00:30:39,336 and tessie through some type of advertisement for sexual 849 00:30:39,338 --> 00:30:41,505 advertisement for sexual services. We don't really know 850 00:30:41,507 --> 00:30:43,106 services. We don't really know what hold they had over him, 851 00:30:43,108 --> 00:30:44,575 what hold they had over him, but I figured there was 852 00:30:44,577 --> 00:30:45,742 but I figured there was probably some type of 853 00:30:45,744 --> 00:30:47,678 probably some type of blackmail. I don't recall him 854 00:30:47,680 --> 00:30:49,112 blackmail. I don't recall him ever giving a motive for the 855 00:30:49,114 --> 00:30:50,914 ever giving a motive for the killing. There was other 856 00:30:50,916 --> 00:30:52,216 killing. There was other videotapes which we had 857 00:30:52,218 --> 00:30:53,784 videotapes which we had recovered in which he indicated 858 00:30:53,786 --> 00:30:56,553 recovered in which he indicated a very strong dislike for the 859 00:30:56,555 --> 00:30:59,056 a very strong dislike for the police. But other than that, we 860 00:30:59,058 --> 00:31:00,057 police. But other than that, we didn't really have any 861 00:31:00,059 --> 00:31:01,525 didn't really have any particular motive, other than 862 00:31:01,527 --> 00:31:07,364 particular motive, other than probably just pure greed. After 863 00:31:07,366 --> 00:31:08,265 probably just pure greed. After hearing the interview of joshua 864 00:31:08,267 --> 00:31:10,133 hearing the interview of joshua maxwell, the detectives did 865 00:31:10,135 --> 00:31:11,301 maxwell, the detectives did want to talk to tessie. Tessie 866 00:31:11,303 --> 00:31:12,836 want to talk to tessie. Tessie he was in the hospital 867 00:31:12,838 --> 00:31:14,838 he was in the hospital undergoing medical treatment. 868 00:31:14,840 --> 00:31:16,506 Undergoing medical treatment. She never indicated that she 869 00:31:16,508 --> 00:31:17,808 she never indicated that she was involved in what had 870 00:31:17,810 --> 00:31:19,076 was involved in what had occurred during her statements 871 00:31:19,078 --> 00:31:19,610 occurred during her statements to the police. 872 00:31:19,612 --> 00:31:22,179 To the police. >> I mean, you have to 873 00:31:22,181 --> 00:31:23,180 >> I mean, you have to understand the -- the situation 874 00:31:23,182 --> 00:31:25,015 understand the -- the situation I'm in. If I don't do 875 00:31:25,017 --> 00:31:25,682 I'm in. If I don't do everything he says -- 876 00:31:25,684 --> 00:31:27,784 everything he says -- >> we understand that. 877 00:31:27,786 --> 00:31:28,819 >> we understand that. >> one phone call, and my 878 00:31:28,821 --> 00:31:30,320 >> one phone call, and my family could be dead. That is 879 00:31:30,322 --> 00:31:31,321 family could be dead. That is the only reason I never went to 880 00:31:31,323 --> 00:31:32,656 the only reason I never went to the police before this. Because 881 00:31:32,658 --> 00:31:34,858 the police before this. Because I was scared. All the facts and 882 00:31:34,860 --> 00:31:37,327 I was scared. All the facts and circumstances surrounding this 883 00:31:37,329 --> 00:31:39,229 circumstances surrounding this case led us to believe that 884 00:31:39,231 --> 00:31:40,964 case led us to believe that tessie was fully involved in 885 00:31:40,966 --> 00:31:42,933 tessie was fully involved in everything that occurred. We 886 00:31:42,935 --> 00:31:45,202 everything that occurred. We don't believe she pulled the 887 00:31:45,204 --> 00:31:46,203 don't believe she pulled the trigger. There were certainly 888 00:31:46,205 --> 00:31:48,138 trigger. There were certainly no evidence of that. But there 889 00:31:48,140 --> 00:31:49,473 no evidence of that. But there was also no evidence that she 890 00:31:49,475 --> 00:31:51,742 was also no evidence that she wasn't involved in every aspect 891 00:31:51,744 --> 00:31:58,715 wasn't involved in every aspect of what went down. Before I 892 00:31:58,717 --> 00:32:00,617 of what went down. Before I went to san francisco, all we 893 00:32:00,619 --> 00:32:01,818 went to san francisco, all we really knew is that they were 894 00:32:01,820 --> 00:32:03,487 really knew is that they were apprehended in rudy lopes'car. 895 00:32:03,489 --> 00:32:05,589 Apprehended in rudy lopes'car. We didn't have a whole bunch 896 00:32:05,591 --> 00:32:07,224 we didn't have a whole bunch more evidence at that point in 897 00:32:07,226 --> 00:32:08,825 more evidence at that point in time. But once we heard from 898 00:32:08,827 --> 00:32:10,060 time. But once we heard from the san francisco detectives 899 00:32:10,062 --> 00:32:11,862 the san francisco detectives that joshua had confessed to 900 00:32:11,864 --> 00:32:13,697 that joshua had confessed to what had occurred in san 901 00:32:13,699 --> 00:32:15,966 what had occurred in san antonio, at that point in time, 902 00:32:15,968 --> 00:32:19,369 antonio, at that point in time, we had a pretty strong case. 903 00:32:19,371 --> 00:32:20,370 We had a pretty strong case. The district attorney of bexar 904 00:32:20,372 --> 00:32:21,805 the district attorney of bexar county called me into her 905 00:32:21,807 --> 00:32:22,839 county called me into her office and told me to fly up to 906 00:32:22,841 --> 00:32:24,007 office and told me to fly up to san francisco because she 907 00:32:24,009 --> 00:32:25,275 san francisco because she wanted me to make every effort 908 00:32:25,277 --> 00:32:27,110 wanted me to make every effort to see that we could get him 909 00:32:27,112 --> 00:32:28,612 to see that we could get him back to texas to stand trial. 910 00:32:28,614 --> 00:32:30,981 Back to texas to stand trial. One of the main reasons was 911 00:32:30,983 --> 00:32:33,250 one of the main reasons was that they had killed a texas 912 00:32:33,252 --> 00:32:34,651 that they had killed a texas police officer. And of course, 913 00:32:34,653 --> 00:32:36,253 police officer. And of course, it was a horrendous offense 914 00:32:36,255 --> 00:32:39,456 it was a horrendous offense that we certainly wanted them 915 00:32:39,458 --> 00:32:42,192 that we certainly wanted them to face justice for. It was my 916 00:32:42,194 --> 00:32:44,361 to face justice for. It was my understanding from indiana that 917 00:32:44,363 --> 00:32:47,497 understanding from indiana that they would not be able to put 918 00:32:47,499 --> 00:32:48,231 they would not be able to put on in their trial what had 919 00:32:48,233 --> 00:32:49,299 on in their trial what had occurred in texas, whereas in 920 00:32:49,301 --> 00:32:50,334 occurred in texas, whereas in texas, in our punishment phase 921 00:32:50,336 --> 00:32:51,468 texas, in our punishment phase of the capital murder trial, we 922 00:32:51,470 --> 00:32:52,836 of the capital murder trial, we could put on what occurred in 923 00:32:52,838 --> 00:32:54,538 could put on what occurred in indiana. The jury would know it 924 00:32:54,540 --> 00:32:55,672 indiana. The jury would know it was not only one murder. It was 925 00:32:55,674 --> 00:32:57,975 was not only one murder. It was two cold-blooded murders 926 00:32:57,977 --> 00:32:58,642 two cold-blooded murders committed for profit. 927 00:32:58,644 --> 00:33:03,113 Committed for profit. 928 00:33:10,121 --> 00:33:11,822 >> when I heard about the shoot-out in san francisco with 929 00:33:11,824 --> 00:33:12,990 shoot-out in san francisco with josh maxwell and tessie 930 00:33:12,992 --> 00:33:14,691 josh maxwell and tessie mcfarland and that they had 931 00:33:14,693 --> 00:33:16,126 mcfarland and that they had been the ones who were accused 932 00:33:16,128 --> 00:33:18,528 been the ones who were accused of killing my tío rudy, I was 933 00:33:18,530 --> 00:33:20,731 of killing my tío rudy, I was extremely thankful whenever 934 00:33:20,733 --> 00:33:21,365 extremely thankful whenever they did catch them. 935 00:33:21,367 --> 00:33:23,333 They did catch them. >> we had numerous items 936 00:33:23,335 --> 00:33:24,935 >> we had numerous items linking them back to the crime 937 00:33:24,937 --> 00:33:26,503 linking them back to the crime here in indiana. There were 938 00:33:26,505 --> 00:33:28,572 here in indiana. There were also witnesses that were 939 00:33:28,574 --> 00:33:30,073 also witnesses that were placing them in san antonio. We 940 00:33:30,075 --> 00:33:31,341 placing them in san antonio. We had video evidence. We had 941 00:33:31,343 --> 00:33:32,275 had video evidence. We had fingerprints. The evidence was 942 00:33:32,277 --> 00:33:34,778 fingerprints. The evidence was definitely overwhelming against 943 00:33:34,780 --> 00:33:35,178 definitely overwhelming against both. 944 00:33:35,180 --> 00:33:42,452 Both. >> joshua and tessie were 945 00:33:42,454 --> 00:33:44,855 >> joshua and tessie were indicted for capital murder, 946 00:33:44,857 --> 00:33:46,423 indicted for capital murder, but we couldn't try them 947 00:33:46,425 --> 00:33:47,924 but we couldn't try them together. Joshua had prior 948 00:33:47,926 --> 00:33:49,059 together. Joshua had prior convictions out of indiana, so 949 00:33:49,061 --> 00:33:50,327 convictions out of indiana, so because of that, we could not 950 00:33:50,329 --> 00:33:50,961 because of that, we could not try tessie with him. 951 00:33:50,963 --> 00:34:00,404 Try tessie with him. >> josh stood trial in February 952 00:34:00,406 --> 00:34:03,774 >> josh stood trial in February of 2002. We attended that trial 953 00:34:03,776 --> 00:34:05,442 of 2002. We attended that trial and presented evidence from the 954 00:34:05,444 --> 00:34:06,343 and presented evidence from the indiana case. Josh had already 955 00:34:06,345 --> 00:34:09,212 indiana case. Josh had already confessed to being the trigger 956 00:34:09,214 --> 00:34:10,347 confessed to being the trigger man and being the mastermind 957 00:34:10,349 --> 00:34:11,214 man and being the mastermind behind this entire crime spree. 958 00:34:11,216 --> 00:34:12,783 Behind this entire crime spree. >> I followed that trial like 959 00:34:12,785 --> 00:34:13,917 >> I followed that trial like nobody's business. I wish I was 960 00:34:13,919 --> 00:34:15,919 nobody's business. I wish I was a little bit older, so I could 961 00:34:15,921 --> 00:34:16,820 a little bit older, so I could have been a little bit more 962 00:34:16,822 --> 00:34:17,654 have been a little bit more involved, but I guess it's kind 963 00:34:17,656 --> 00:34:20,290 involved, but I guess it's kind of a good thing. I've heard it 964 00:34:20,292 --> 00:34:21,258 of a good thing. I've heard it was pretty graphic with all the 965 00:34:21,260 --> 00:34:21,858 was pretty graphic with all the pictures in there. 966 00:34:21,860 --> 00:34:26,029 Pictures in there. >> when joshua and tessie were 967 00:34:26,031 --> 00:34:26,930 >> when joshua and tessie were apprehended in san francisco, 968 00:34:26,932 --> 00:34:28,365 apprehended in san francisco, in the truck were some 969 00:34:28,367 --> 00:34:29,566 in the truck were some videotapes and a video camera 970 00:34:29,568 --> 00:34:33,403 videotapes and a video camera that they had used to film some 971 00:34:33,405 --> 00:34:33,904 that they had used to film some recordings. 972 00:34:33,906 --> 00:34:42,279 Recordings. >> one of the main things that 973 00:34:42,281 --> 00:34:45,682 >> one of the main things that I participated in in trial was 974 00:34:45,684 --> 00:34:47,084 I participated in in trial was introducing these tapes to show 975 00:34:47,086 --> 00:34:48,585 introducing these tapes to show not only joshua maxwell's 976 00:34:48,587 --> 00:34:50,253 not only joshua maxwell's personality, because in these 977 00:34:50,255 --> 00:34:52,656 personality, because in these tapes, he's smoking dope, he's 978 00:34:52,658 --> 00:34:54,991 tapes, he's smoking dope, he's using drugs, he's walking 979 00:34:54,993 --> 00:34:59,396 using drugs, he's walking around with a gun. He's 980 00:34:59,398 --> 00:35:00,931 around with a gun. He's portraying himself as that 981 00:35:00,933 --> 00:35:01,531 portraying himself as that gangster persona. 982 00:35:01,533 --> 00:35:05,936 Gangster persona. >> joshua maxwell -- he never 983 00:35:05,938 --> 00:35:08,071 >> joshua maxwell -- he never testified, but during his 984 00:35:08,073 --> 00:35:10,240 testified, but during his incarceration in texas, he had, 985 00:35:10,242 --> 00:35:12,309 incarceration in texas, he had, without provocation or any 986 00:35:12,311 --> 00:35:14,177 without provocation or any excuse, attacked a jail guard. 987 00:35:14,179 --> 00:35:15,212 Excuse, attacked a jail guard. And that was further evidence 988 00:35:15,214 --> 00:35:16,746 and that was further evidence we were able to offer at the 989 00:35:16,748 --> 00:35:18,915 we were able to offer at the trial to show that he'd be a 990 00:35:18,917 --> 00:35:19,449 trial to show that he'd be a future danger. 991 00:35:19,451 --> 00:35:23,420 Future danger. >> the defense's position in 992 00:35:23,422 --> 00:35:26,556 >> the defense's position in every death penalty case is to 993 00:35:26,558 --> 00:35:27,958 every death penalty case is to mitigate the actors 994 00:35:27,960 --> 00:35:29,493 mitigate the actors involvement. "show me something 995 00:35:29,495 --> 00:35:31,328 involvement. "show me something in this man's life that he 996 00:35:31,330 --> 00:35:32,629 in this man's life that he didn't have a choice. It was a 997 00:35:32,631 --> 00:35:33,797 didn't have a choice. It was a bad childhood. He was raised 998 00:35:33,799 --> 00:35:34,898 bad childhood. He was raised horribly. He's got mental 999 00:35:34,900 --> 00:35:36,032 horribly. He's got mental deficiencies or mental issues 1000 00:35:36,034 --> 00:35:36,766 deficiencies or mental issues that he can't deal with." 1001 00:35:36,768 --> 00:35:40,370 that he can't deal with." >> during the trial, it did 1002 00:35:40,372 --> 00:35:41,872 >> during the trial, it did come up that joshua, at about 1003 00:35:41,874 --> 00:35:43,473 come up that joshua, at about the age of 12 or 13, found out 1004 00:35:43,475 --> 00:35:44,541 the age of 12 or 13, found out that he had been adopted and, 1005 00:35:44,543 --> 00:35:45,475 that he had been adopted and, of course, didn't take very 1006 00:35:45,477 --> 00:35:46,309 of course, didn't take very well to that. And that that was 1007 00:35:46,311 --> 00:35:47,477 well to that. And that that was part of the reason why he fell 1008 00:35:47,479 --> 00:35:48,178 part of the reason why he fell into the violent crimes. 1009 00:35:48,180 --> 00:35:49,579 Into the violent crimes. >> that's what I'm talking 1010 00:35:49,581 --> 00:35:50,180 >> that's what I'm talking about right there. 1011 00:35:50,182 --> 00:35:52,382 About right there. >> to me, it wasn't very 1012 00:35:52,384 --> 00:35:52,883 >> to me, it wasn't very compelling. 1013 00:35:52,885 --> 00:35:54,384 Compelling. >> look down the barrel, mother 1014 00:35:54,386 --> 00:35:55,051 >> look down the barrel, mother (bleep) my (bleep) ha! 1015 00:35:55,053 --> 00:35:56,286 (bleep) my (bleep) ha! >> at the conclusion of that 1016 00:35:56,288 --> 00:35:57,020 >> at the conclusion of that trial, joshua maxwell was 1017 00:35:57,022 --> 00:35:58,188 trial, joshua maxwell was sentenced to death. He was 1018 00:35:58,190 --> 00:35:59,756 sentenced to death. He was incarcerated in huntsville and 1019 00:35:59,758 --> 00:36:00,557 incarcerated in huntsville and remained there on death row. 1020 00:36:00,559 --> 00:36:11,334 Remained there on death row. >> about a year later, we tried 1021 00:36:11,336 --> 00:36:19,142 >> about a year later, we tried tessie. We had all intentions 1022 00:36:19,144 --> 00:36:21,578 tessie. We had all intentions of moving forward with the 1023 00:36:21,580 --> 00:36:22,312 of moving forward with the death penalty against her. 1024 00:36:22,314 --> 00:36:25,448 Death penalty against her. >> we had a pretty strong case. 1025 00:36:25,450 --> 00:36:26,850 >> we had a pretty strong case. There was a sex tape that 1026 00:36:26,852 --> 00:36:28,251 there was a sex tape that tessie and joshua had filmed, 1027 00:36:28,253 --> 00:36:29,619 tessie and joshua had filmed, along with the third person 1028 00:36:29,621 --> 00:36:30,620 along with the third person that we don't know who we was, 1029 00:36:30,622 --> 00:36:31,588 that we don't know who we was, just laughing and having a 1030 00:36:31,590 --> 00:36:32,088 just laughing and having a great time. 1031 00:36:32,090 --> 00:36:34,758 Great time. >> her defense was, "I'm a 1032 00:36:34,760 --> 00:36:36,760 >> her defense was, "I'm a victim. Joshua forced me. 1033 00:36:36,762 --> 00:36:38,628 Victim. Joshua forced me. Joshua kept me. But those tapes 1034 00:36:38,630 --> 00:36:39,396 joshua kept me. But those tapes proved that that wasn't so." 1035 00:36:39,398 --> 00:36:41,264 proved that that wasn't so." >> okay, now, get up. 1036 00:36:41,266 --> 00:36:44,968 >> okay, now, get up. >> alright. 1037 00:36:44,970 --> 00:36:46,870 >> alright. >> the tapes, as well as all 1038 00:36:46,872 --> 00:36:52,275 >> the tapes, as well as all the other evidence, led us to 1039 00:36:52,277 --> 00:36:54,077 the other evidence, led us to believe that tessie was fully 1040 00:36:54,079 --> 00:36:57,047 believe that tessie was fully complicit in what had occurred, 1041 00:36:57,049 --> 00:36:57,847 complicit in what had occurred, that she wasn't acting under 1042 00:36:57,849 --> 00:36:58,281 that she wasn't acting under duress. 1043 00:36:58,283 --> 00:37:00,684 Duress. >> I can't say that I've ever 1044 00:37:00,686 --> 00:37:03,019 >> I can't say that I've ever been in that type of abusive 1045 00:37:03,021 --> 00:37:05,455 been in that type of abusive relationship, and I'm not 1046 00:37:05,457 --> 00:37:06,990 relationship, and I'm not trying to talk down anybody 1047 00:37:06,992 --> 00:37:08,158 trying to talk down anybody who's like that, but she knew 1048 00:37:08,160 --> 00:37:11,394 who's like that, but she knew what she was doing. She chose 1049 00:37:11,396 --> 00:37:13,263 what she was doing. She chose not to call the police. Even 1050 00:37:13,265 --> 00:37:14,664 not to call the police. Even though she didn't pull the 1051 00:37:14,666 --> 00:37:15,498 though she didn't pull the trigger, she's just as guilty. 1052 00:37:15,500 --> 00:37:22,205 Trigger, she's just as guilty. >> about two weeks into jury 1053 00:37:22,207 --> 00:37:24,507 >> about two weeks into jury selection, tessie came to us 1054 00:37:24,509 --> 00:37:26,509 selection, tessie came to us and indicated that she wanted 1055 00:37:26,511 --> 00:37:28,511 and indicated that she wanted to plead guilty to capital 1056 00:37:28,513 --> 00:37:31,448 to plead guilty to capital murder if we would waive the 1057 00:37:31,450 --> 00:37:32,983 murder if we would waive the death penalty. We conferred and 1058 00:37:32,985 --> 00:37:35,652 death penalty. We conferred and agreed to do that. The state 1059 00:37:35,654 --> 00:37:36,953 agreed to do that. The state waived the death penalty, so 1060 00:37:36,955 --> 00:37:38,622 waived the death penalty, so she was assessed a life 1061 00:37:38,624 --> 00:37:40,357 she was assessed a life sentence. She'll be eligible 1062 00:37:40,359 --> 00:37:41,925 sentence. She'll be eligible for parole in 40 calendar years 1063 00:37:41,927 --> 00:37:44,494 for parole in 40 calendar years under texas law. I was 1064 00:37:44,496 --> 00:37:45,262 under texas law. I was satisfied with the outcome. 1065 00:37:45,264 --> 00:37:52,135 Satisfied with the outcome. >> I don't think that justice 1066 00:37:52,137 --> 00:37:53,536 >> I don't think that justice was served because tessie 1067 00:37:53,538 --> 00:37:55,205 was served because tessie mcfarland deserves to die. The 1068 00:37:55,207 --> 00:37:57,107 mcfarland deserves to die. The things that she and joshua 1069 00:37:57,109 --> 00:37:58,475 things that she and joshua maxwell did to robby bott in 1070 00:37:58,477 --> 00:37:59,309 maxwell did to robby bott in indianapolis are just horrific. 1071 00:37:59,311 --> 00:38:02,412 Indianapolis are just horrific. >> the outcome, it's provided 1072 00:38:02,414 --> 00:38:04,347 >> the outcome, it's provided some closure with my family, 1073 00:38:04,349 --> 00:38:06,216 some closure with my family, but I don't think there'll ever 1074 00:38:06,218 --> 00:38:07,817 but I don't think there'll ever be any full closure because our 1075 00:38:07,819 --> 00:38:14,357 be any full closure because our question would still be "why? " 1076 00:38:14,359 --> 00:38:15,492 question would still be "why? " why would they do that to 1077 00:38:15,494 --> 00:38:15,959 why would they do that to anybody? 1078 00:38:15,961 --> 00:38:21,364 Anybody? >> they would do these things 1079 00:38:21,366 --> 00:38:23,833 >> they would do these things to two different people, 1080 00:38:23,835 --> 00:38:25,035 to two different people, essentially torture them both 1081 00:38:25,037 --> 00:38:26,136 essentially torture them both by holding them, shooting them, 1082 00:38:26,138 --> 00:38:27,304 by holding them, shooting them, everything else they had done 1083 00:38:27,306 --> 00:38:28,104 everything else they had done to them. And it was pure evil. 1084 00:38:28,106 --> 00:38:31,308 To them. And it was pure evil. >> looking back on that 1085 00:38:31,310 --> 00:38:32,609 >> looking back on that situation, I would have handled 1086 00:38:32,611 --> 00:38:34,444 situation, I would have handled things in a completely 1087 00:38:34,446 --> 00:38:36,046 things in a completely different manner. I'm almost 40 1088 00:38:36,048 --> 00:38:37,180 different manner. I'm almost 40 years old now. I'm a completely 1089 00:38:37,182 --> 00:38:39,282 years old now. I'm a completely different person. I absolutely 1090 00:38:39,284 --> 00:38:40,717 different person. I absolutely feel horrible for everybody 1091 00:38:40,719 --> 00:38:42,018 feel horrible for everybody involved. If I could take 1092 00:38:42,020 --> 00:38:43,219 involved. If I could take either one of their places, I 1093 00:38:43,221 --> 00:38:43,953 either one of their places, I would. I absolutely would. 1094 00:38:43,955 --> 00:38:48,124 Would. I absolutely would. >> no one ever expects it to 1095 00:38:48,126 --> 00:38:50,360 >> no one ever expects it to happen to them. Hold your loved 1096 00:38:50,362 --> 00:38:52,662 happen to them. Hold your loved ones very close. Tell them how 1097 00:38:52,664 --> 00:38:55,598 ones very close. Tell them how much you love them every single 1098 00:38:55,600 --> 00:38:59,302 much you love them every single day. 1099 00:38:59,304 --> 00:39:22,792 Day. 106973

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