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00:00:06,000 --> 00:00:12,074
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00:00:12,980 --> 00:00:15,610
(newscaster) It is said
that there are no secrets
in a small town.
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00:00:15,650 --> 00:00:20,200
But in Skidmore, those who know
who killed Ken Rex McElroy
won't say.
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00:00:21,830 --> 00:00:23,240
(man) Nobody deserves
to be murdered.
5
00:00:23,290 --> 00:00:24,870
However...
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00:00:24,910 --> 00:00:27,710
Ken McElroy terrorized the town
of Skidmore, Missouri,
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00:00:27,750 --> 00:00:29,380
for more than ten years,
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00:00:29,420 --> 00:00:30,880
then in broad daylight,
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00:00:30,920 --> 00:00:33,710
with more than 45
people watching,
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00:00:33,750 --> 00:00:36,090
Ken McElroy was gunned
down and killed.
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00:00:36,130 --> 00:00:40,010
But nobody saw a thing,
and nobody did anything.
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00:00:40,050 --> 00:00:43,640
(woman) This town was
so full of sin.
13
00:00:43,680 --> 00:00:45,430
It was proud
they had killed him.
14
00:00:45,470 --> 00:00:47,690
(reporter) If they
catch somebody,
15
00:00:47,730 --> 00:00:49,850
would you feel
that justice has been done?
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00:00:49,900 --> 00:00:52,610
No, because there
was a whole town.
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00:00:52,650 --> 00:00:55,320
(man) That was the one
mistake that they made.
18
00:00:55,360 --> 00:00:57,650
They didn't kill his wife.
19
00:00:57,700 --> 00:00:59,740
I would've killed his wife.
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00:01:01,280 --> 00:01:04,080
(dramatic music)
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(reporter) Mrs. McElroy,
I know this is
upsetting to you.
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00:02:10,480 --> 00:02:13,480
Yes.
I turned around and...
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00:02:14,770 --> 00:02:16,360
and he had been shot.
24
00:02:17,360 --> 00:02:22,400
And... I opened the door and...
25
00:02:22,450 --> 00:02:24,370
they said... The man told me
to stay in there,
26
00:02:24,410 --> 00:02:26,490
they wanted to shoot me too.
27
00:02:29,410 --> 00:02:31,290
(reporter)
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00:02:34,040 --> 00:02:36,000
Yes. Yes. I am.
29
00:02:36,040 --> 00:02:39,550
I have been wondering why
they haven't done anything.
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00:02:39,590 --> 00:02:40,880
(female reporter)
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00:02:40,920 --> 00:02:42,840
Yes, I do.
32
00:02:46,100 --> 00:02:47,550
Yes, I do.
33
00:02:50,430 --> 00:02:53,140
(Richard laughs) Nothing.
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00:02:53,190 --> 00:02:56,610
(female interviewer continues)
35
00:02:56,650 --> 00:02:57,860
(Trena) Oh, yes.
36
00:02:59,530 --> 00:03:02,280
(Trena) They haven't
done nothing.
37
00:03:02,320 --> 00:03:05,530
(reporter)
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00:03:05,570 --> 00:03:07,570
Not in Nodaway County, no.
39
00:03:12,080 --> 00:03:14,920
(Trena) I don't know
what their problem is,
but I know who did it.
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00:03:18,090 --> 00:03:20,090
I do not know.
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00:03:20,130 --> 00:03:22,880
(reporter 2)
42
00:03:22,920 --> 00:03:26,930
No, I do not want
to go out of county.
43
00:03:26,970 --> 00:03:30,220
I don't believe that
I'd be safe there.
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00:03:33,020 --> 00:03:35,350
(reporter 3)
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00:03:39,440 --> 00:03:41,860
(Richard) Can we take a break
just a minute, fellas?
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00:03:47,870 --> 00:03:50,740
(dramatic music)
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00:03:53,700 --> 00:03:57,920
(Kirby) Trena was devoted
to Ken, in a sick way,
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00:03:57,960 --> 00:04:01,170
clear all the way
through to the end.
49
00:04:01,210 --> 00:04:06,590
After McElroy was killed,
she... she was still fighting
for him.
50
00:04:10,300 --> 00:04:12,680
(reporter) This is
the tale of a small farm town,
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00:04:12,720 --> 00:04:14,680
Skidmore, Missouri,
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00:04:14,730 --> 00:04:17,560
and the bad brazen bully
who terrorized its people.
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00:04:17,600 --> 00:04:20,520
Kenneth Rex McElroy
was 47 years old,
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00:04:20,560 --> 00:04:22,230
and was known far and wide
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00:04:22,270 --> 00:04:26,200
as the meanest man
in Nodaway County.
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00:04:26,240 --> 00:04:28,110
(reporter 2)
His widow, Trena McElroy,
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00:04:28,160 --> 00:04:30,740
says he was a loving father
and a kind husband.
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00:04:30,780 --> 00:04:33,910
She was there at the D&G bar
with him when he was shot.
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00:04:38,710 --> 00:04:40,790
(Cheryl) The first time
I actually had anybody
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00:04:40,830 --> 00:04:42,750
ask me anything
about Ken McElroy
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00:04:42,790 --> 00:04:47,340
was when I was a freshman
in high school.
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00:04:47,380 --> 00:04:51,180
My mom asked me
if I had seen Trena McCloud
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00:04:51,220 --> 00:04:54,180
get on and off the school bus
and go with anybody,
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00:04:54,220 --> 00:04:57,640
and I hadn't, 'cause
I wasn't paying attention.
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00:04:59,560 --> 00:05:02,110
(Leona) My daughter and her
used to go to school together.
66
00:05:02,150 --> 00:05:05,610
So she says "That girl's
gonna get in trouble,"
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00:05:05,650 --> 00:05:07,070
and I said "What do you mean?"
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00:05:07,110 --> 00:05:10,110
She said she met Ken McElroy
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00:05:10,160 --> 00:05:12,660
down at the Four Corners
from Maitland.
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00:05:14,620 --> 00:05:17,160
She couldn't wait till
she got in that truck with him.
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00:05:21,210 --> 00:05:25,130
(Cheryl) We started hearing
that he was picking
Trena up from school
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00:05:25,170 --> 00:05:28,630
and then taking her back
to get on the bus going home.
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00:05:28,670 --> 00:05:31,340
And it wasn't long after that
that she dropped out of school.
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00:05:34,850 --> 00:05:36,770
(Leona) She loved him.
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00:05:36,810 --> 00:05:38,640
She followed him.
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00:05:38,680 --> 00:05:40,980
I mean she followed him.
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00:05:41,020 --> 00:05:42,900
They were lovers.
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00:05:45,440 --> 00:05:48,780
Over his life,
he had five wives,
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00:05:48,820 --> 00:05:53,530
and anywhere between
16 to 19 children.
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00:05:53,570 --> 00:05:55,530
That's a lot of McElroys.
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00:05:57,410 --> 00:05:59,370
(Toni) Well, it's really
no big secret
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00:05:59,410 --> 00:06:02,080
that Dad was seeing womn
that were a lot younger.
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00:06:02,120 --> 00:06:06,250
Fourteen I would say was
probably pretty close to
average.
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00:06:06,300 --> 00:06:09,970
The story on it was that they
wanted to get married,
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00:06:10,010 --> 00:06:12,720
and parents said no, he's...
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00:06:12,760 --> 00:06:14,390
'cause he was still
married at the time
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00:06:14,430 --> 00:06:15,930
he was asking about it.
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00:06:15,970 --> 00:06:17,430
(Toni) Dad hooked up
with Trena,
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00:06:17,470 --> 00:06:19,220
they were kind of
sharing Dad for a minute,
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00:06:19,270 --> 00:06:22,190
and Trena got upset
because Dad would not stop
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00:06:22,230 --> 00:06:25,190
seeing his wife,
and that's when the whole
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00:06:25,230 --> 00:06:27,320
rape thing came in.
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00:06:27,360 --> 00:06:31,700
(reporter) They began seeing
each other when she was 14.
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00:06:31,740 --> 00:06:34,410
At 16, she accused him of rape.
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00:06:34,450 --> 00:06:35,910
(Tom) They said he raped her.
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00:06:35,950 --> 00:06:37,280
You know, I don't
know that for sure.
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00:06:37,330 --> 00:06:38,870
You know,
he'd asked for consent
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00:06:38,910 --> 00:06:40,580
from her parents again,
and they said,
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00:06:40,620 --> 00:06:43,370
"No, you can't marry him",
and next thing you knew
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00:06:43,420 --> 00:06:44,540
their house burned down.
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00:06:44,580 --> 00:06:47,540
(fire crackling)
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00:06:50,960 --> 00:06:52,510
(Toni) None of that was true.
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00:06:52,550 --> 00:06:54,340
That was made up (bleep).
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00:06:54,380 --> 00:06:56,180
I don't believe my dad
burnt down their house.
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00:06:56,220 --> 00:06:59,220
There was a lot of
stories that circulated
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00:06:59,260 --> 00:07:01,640
around Trena's family.
107
00:07:01,680 --> 00:07:03,980
Mom told me they were
bull(bleep).
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00:07:04,020 --> 00:07:06,150
(reporter) Is it true that when
you were still a schoolgirl,
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00:07:06,190 --> 00:07:08,610
sixteen years old,
that your husband raped you?
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00:07:08,650 --> 00:07:11,030
No. This is not true, no.
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00:07:11,070 --> 00:07:12,490
(reporter) He was
charged with rape.
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00:07:12,530 --> 00:07:14,820
Yes, he was charged with it.
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00:07:14,860 --> 00:07:16,780
But it's not true.
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00:07:16,820 --> 00:07:19,080
-(reporter) You brought
the charge against him?
-Yes. And it's not true.
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00:07:19,120 --> 00:07:20,540
(reporter) Why did you do it?
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00:07:20,580 --> 00:07:22,660
Jealousy.
I was jealous over him,
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00:07:22,700 --> 00:07:24,160
but it's not true.
118
00:07:26,380 --> 00:07:28,840
(reporter) Was your
parents' house burnt down?
119
00:07:28,880 --> 00:07:30,500
No, it was not burnt down,
120
00:07:30,550 --> 00:07:32,510
it was defaulty wiring.
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00:07:32,550 --> 00:07:36,300
And the record should show
it's defaulty wiring.
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00:07:36,340 --> 00:07:39,260
It was...
It was just a charge to...
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00:07:39,300 --> 00:07:41,930
more trouble,
like everybody usually did.
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00:07:41,970 --> 00:07:45,100
-More trouble.
-(reporter) Including you,
you gave him trouble.
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00:07:45,140 --> 00:07:48,190
Yes. Yes.
And it's not true.
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00:07:49,770 --> 00:07:51,480
It wasn't true at all.
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00:07:55,200 --> 00:07:58,620
(Steve)
When the law enforcement
was closing in on him
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00:07:58,660 --> 00:08:03,040
to arrest him and charge him
with statutory rape
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00:08:03,080 --> 00:08:06,290
he fled to Kansas
and married her,
130
00:08:06,330 --> 00:08:08,250
so that she couldn't testify.
131
00:08:08,290 --> 00:08:12,500
They might have been in love.
I don't know.
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00:08:12,550 --> 00:08:15,130
(reporter) What people
are gonna ask, Trena,
133
00:08:15,170 --> 00:08:17,220
that how can we believe
her when she says
134
00:08:17,260 --> 00:08:19,430
her husband was a fine man,
135
00:08:19,470 --> 00:08:21,640
if she says she was
lying when she said
136
00:08:21,680 --> 00:08:23,310
her husband raped her.
137
00:08:23,350 --> 00:08:26,850
'Cause he was a fine man,
and he never did
nothing like that.
138
00:08:26,890 --> 00:08:31,270
He never had--He never had
to do anything like that
in the first place.
139
00:08:31,310 --> 00:08:34,900
He was a nice-looking,
well-mannered man,
140
00:08:34,940 --> 00:08:37,280
and he never had
to do anything like that.
141
00:08:37,320 --> 00:08:39,160
It's untrue.
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00:08:39,200 --> 00:08:42,160
(engine revving)
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00:08:45,120 --> 00:08:48,710
(Kirby) Well, I know
Ken Rex had two wives.
144
00:08:48,750 --> 00:08:50,500
Alice and Trena.
145
00:08:50,540 --> 00:08:52,670
It was an odd setup.
146
00:08:52,710 --> 00:08:54,710
They lived together.
147
00:08:54,760 --> 00:08:58,220
Their kids got on
the same school bus everyday.
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00:08:59,590 --> 00:09:01,680
(Toni) My mom was pretty young.
149
00:09:01,720 --> 00:09:04,350
She was about 14 when Dad
started seeing her as well.
150
00:09:04,390 --> 00:09:06,100
The relationship between
Trena and Mom
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00:09:06,140 --> 00:09:09,190
was kind of different,
I mean almost like sisters
152
00:09:09,230 --> 00:09:10,650
if that makes sense.
153
00:09:10,690 --> 00:09:13,400
I felt they were with Dad
because they loved him.
154
00:09:13,440 --> 00:09:16,570
I'm sure there were people
who really objected to it.
155
00:09:16,610 --> 00:09:18,820
There's two churches
in the town,
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00:09:18,860 --> 00:09:24,370
so I'm sure the churchy
people didn't like it.
157
00:09:24,410 --> 00:09:28,160
(Kirby)
None of the townspeople
thought that was a good idea
158
00:09:28,210 --> 00:09:30,870
'cause none of us
were raised that way.
159
00:09:32,250 --> 00:09:34,000
In fact, it's against the law.
160
00:09:34,040 --> 00:09:37,550
You can't be married to
two people at the same time.
161
00:09:38,920 --> 00:09:41,050
Bigamy, or whatever it's called.
162
00:09:42,840 --> 00:09:47,890
But Ken Rex wasn't a man
that followed the laws anyway.
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00:09:47,930 --> 00:09:50,350
(Trena) He was just totally
different from anybody.
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00:09:50,390 --> 00:09:52,400
He was. He was fearless.
165
00:09:52,440 --> 00:09:54,270
He wasn't afraid of anything.
166
00:09:58,030 --> 00:10:01,780
(Toni) To be quite honest,
the time that we lived with
Trena and Mom and everybody,
167
00:10:01,820 --> 00:10:04,740
I don't remember anything bad.
168
00:10:04,780 --> 00:10:07,910
I mean, I remember us
kids chasing each other
through the house,
169
00:10:07,950 --> 00:10:10,080
swimming in the horse trough
outside,
170
00:10:10,120 --> 00:10:13,000
chasing lightning bugs
in the field.
171
00:10:13,040 --> 00:10:15,340
Mom and Trena
they always cooked.
172
00:10:15,380 --> 00:10:18,210
They made pies and
put them in the window.
173
00:10:18,260 --> 00:10:22,220
(Kirby) I've heard Ken Rex
was really a great dad.
174
00:10:22,260 --> 00:10:25,180
But at the same time,
they've had to have witnessed
175
00:10:25,220 --> 00:10:28,560
abuse to their mothers.
176
00:10:28,600 --> 00:10:31,520
It wasn't like all the time.
177
00:10:31,560 --> 00:10:33,520
But yeah, there was abuse.
178
00:10:35,520 --> 00:10:37,570
We never saw the abuse.
179
00:10:37,610 --> 00:10:40,070
You might see a black eye
or something later,
180
00:10:40,110 --> 00:10:41,400
but you didn't know
where it came from.
181
00:10:41,440 --> 00:10:43,200
It was never done
in front of us.
182
00:10:44,820 --> 00:10:47,200
(Kirby) I don't know if she
even knew she was abused.
183
00:10:47,240 --> 00:10:50,620
You know, you grow up,
you just think that's
the way the world is.
184
00:10:52,790 --> 00:10:55,330
(female interviewer)
185
00:11:01,170 --> 00:11:02,590
I don't know.
186
00:11:02,630 --> 00:11:05,140
They've always been this
way towards my husband.
187
00:11:05,180 --> 00:11:06,510
(female interviewer continues)
188
00:11:06,550 --> 00:11:07,890
I do not know.
189
00:11:07,930 --> 00:11:09,470
They've...
190
00:11:09,510 --> 00:11:10,850
I don't know.
191
00:11:11,930 --> 00:11:14,350
(intense music)
192
00:11:14,390 --> 00:11:15,900
(reporter) You say
that 50 or 60 people
193
00:11:15,940 --> 00:11:18,770
saw the gunman
who fired at your husband.
194
00:11:18,820 --> 00:11:21,990
Yes, they was all there.
195
00:11:22,030 --> 00:11:25,160
I looked at them to see
what they was looking at.
196
00:11:25,200 --> 00:11:28,160
They were just
staring and laughing.
197
00:11:28,200 --> 00:11:31,660
(reporter) The gunman.
Who was that?
198
00:12:08,740 --> 00:12:09,910
(gunshots firing)
199
00:12:09,950 --> 00:12:12,580
(glass shatters)
200
00:12:22,920 --> 00:12:27,430
(Bill) By the time we got it,
see, the investigation people
201
00:12:27,470 --> 00:12:28,970
had stripped the inside.
202
00:12:32,350 --> 00:12:34,720
When it came in,
it had two bullet holes
203
00:12:34,770 --> 00:12:36,560
through the side of
the box over there
204
00:12:36,600 --> 00:12:40,980
that came up, there was holes
in the back of the cab,
205
00:12:41,020 --> 00:12:42,650
the front of the box,
206
00:12:42,690 --> 00:12:45,240
and in through the windshield,
through the back glass.
207
00:12:54,830 --> 00:12:56,750
Side glass was blown out.
208
00:12:58,000 --> 00:13:02,420
New seats from the bloodstains.
209
00:13:02,460 --> 00:13:05,510
And then,
there was specks of blood
210
00:13:05,550 --> 00:13:09,720
all over the inside,
of course, and we
had to clean all that up.
211
00:13:11,800 --> 00:13:14,260
(Juarez) Who has a town
of 400 people...
212
00:13:16,980 --> 00:13:19,690
and better than 60
of them are gathered
213
00:13:19,730 --> 00:13:21,150
around a pickup truck,
214
00:13:21,190 --> 00:13:22,940
and you've got
people shooting a man
215
00:13:22,980 --> 00:13:24,730
sitting inside of it,
but yet...
216
00:13:24,770 --> 00:13:26,740
there's not one
person that saw it.
217
00:13:31,660 --> 00:13:34,450
First thing I think about
when I think about Skidmore is
218
00:13:34,490 --> 00:13:36,450
what happened to
my dad and my family,
219
00:13:36,490 --> 00:13:39,330
and pretty much how it
transformed our lives.
220
00:13:42,580 --> 00:13:45,000
The day my father was killed,
221
00:13:45,050 --> 00:13:46,960
I was 13 years old.
222
00:13:47,010 --> 00:13:51,840
I remember we was on our way
to my dad's house.
223
00:13:51,890 --> 00:13:54,010
The phone call it came,
and I seen the reaction
224
00:13:54,050 --> 00:13:55,510
on my mom's face.
225
00:13:57,810 --> 00:13:59,020
I don't know how else
to put it,
226
00:13:59,060 --> 00:14:00,440
other than the fact that...
227
00:14:02,150 --> 00:14:02,940
I knew.
228
00:14:02,980 --> 00:14:04,810
(gunshot fires)
229
00:14:06,520 --> 00:14:09,320
(intense music)
230
00:14:15,990 --> 00:14:18,830
I didn't feel it
on the ride up there like that,
231
00:14:18,870 --> 00:14:22,170
because I was just
not sure what to feel.
232
00:14:23,630 --> 00:14:25,290
But there's a lot of things
233
00:14:25,340 --> 00:14:29,130
that throughout these
37 years that... I forgot.
234
00:14:29,170 --> 00:14:31,420
Maybe I don't wanna remember.
You know what I mean?
235
00:14:31,470 --> 00:14:34,220
I put that part of my life
behind me for a reason.
236
00:14:39,770 --> 00:14:41,480
The things that you
don't ever forget
237
00:14:41,520 --> 00:14:43,190
is that blood running
down the streets,
238
00:14:43,230 --> 00:14:45,400
you don't forget the bone,
the hair, the flesh.
239
00:14:50,030 --> 00:14:52,280
You'll never, ever,
forget seeing
240
00:14:52,320 --> 00:14:54,110
your father's meat and flesh
241
00:14:54,160 --> 00:14:56,570
blown all over
the inside of a pickup.
242
00:14:59,990 --> 00:15:01,370
You can't erase that memory.
243
00:15:01,410 --> 00:15:03,830
That is something
you'll never get rid of.
244
00:15:05,460 --> 00:15:09,590
(crickets chirping)
245
00:15:09,630 --> 00:15:12,470
(Ken Jr) I remember us all
sitting at the farmhouse,
246
00:15:12,510 --> 00:15:16,430
all the kids, and them
all telling us, you know...
247
00:15:16,470 --> 00:15:18,850
he went to heaven.
248
00:15:18,890 --> 00:15:20,680
And I remember standing
at the back door
249
00:15:20,720 --> 00:15:23,100
looking up at the sky.
250
00:15:23,140 --> 00:15:25,270
All the kids were crying a lot.
251
00:15:27,360 --> 00:15:31,730
I mean, I was pretty young,
so...
252
00:15:31,780 --> 00:15:34,530
that's about all
I can remember of it.
253
00:15:36,410 --> 00:15:38,120
(Cheryl) You know,
I don't blame those kids
254
00:15:38,160 --> 00:15:40,410
for being upset
'cause their dad was shot.
255
00:15:40,450 --> 00:15:46,330
I can't imagine being them,
growing up with
the McElroy name,
256
00:15:46,370 --> 00:15:49,340
and having to be
associated with all that.
257
00:15:53,550 --> 00:15:56,010
(Juarez) Pretty much when you
start looking back at things,
258
00:15:56,050 --> 00:15:58,850
you understand
where people were created...
and why they were created.
259
00:15:58,890 --> 00:16:01,510
I think that
Ken Rex McElroy's upbringing
260
00:16:01,560 --> 00:16:04,020
had a lot to do
with the man he became.
261
00:16:05,060 --> 00:16:08,900
He was the 13th out of 14 kids.
262
00:16:08,940 --> 00:16:12,480
You're fighting for food,
your place at the table,
263
00:16:12,530 --> 00:16:15,240
you're probably fighting
for your space in the bed.
264
00:16:15,280 --> 00:16:17,280
You're fighting for everything.
265
00:16:18,740 --> 00:16:20,830
(Cheryl) He was uneducated...
266
00:16:20,870 --> 00:16:22,790
back then and some now.
267
00:16:22,830 --> 00:16:25,000
Poor families
were looked down on,
268
00:16:25,040 --> 00:16:29,210
felt sorry for,
and he didn't like that image.
269
00:16:30,710 --> 00:16:35,760
I think that he refused
to feel inferior to anybody.
270
00:16:37,050 --> 00:16:39,140
There's not a lot
of money in the house.
271
00:16:39,180 --> 00:16:43,180
Your father is
probably pretty abusive.
272
00:16:43,220 --> 00:16:48,980
Not only to you,
but to the brothers and sisters
that you love.
273
00:16:49,020 --> 00:16:50,810
(Toni) My mom said that
my dad did love animals.
274
00:16:50,860 --> 00:16:54,570
She knew that he had love
for animals a long time.
275
00:16:54,610 --> 00:16:58,610
Grandpa kind of proceeded
to beat that out of him.
276
00:16:58,660 --> 00:17:01,030
The one story was
where he was in the barn,
277
00:17:01,070 --> 00:17:03,830
and Grandpa was wanting him
to do something that was
278
00:17:03,870 --> 00:17:07,370
abusive to an animal,
and my dad, I guess,
279
00:17:07,410 --> 00:17:11,080
had refused multiple times
to do what was being asked,
280
00:17:11,130 --> 00:17:14,090
and so Grandpa
would keep punishing him
281
00:17:14,130 --> 00:17:16,550
until he would finally
get him to break
282
00:17:16,590 --> 00:17:18,340
and do what he would request.
283
00:17:23,010 --> 00:17:26,810
In a situation like that,
it's pretty easy
284
00:17:26,850 --> 00:17:28,310
to grow up to be a bully.
285
00:17:29,810 --> 00:17:32,650
(man) People call him
a town bully, that's not right.
286
00:17:32,690 --> 00:17:34,360
He was a rural terrorist.
287
00:17:37,820 --> 00:17:40,320
(Toni) Do I believe that there
was bad things that Dad did?
288
00:17:40,360 --> 00:17:42,280
Yes.
289
00:17:42,320 --> 00:17:44,330
He wasn't a perfect man by far.
290
00:17:45,450 --> 00:17:46,870
But they planned that murder.
291
00:17:46,910 --> 00:17:48,750
They went in,
they had a town meeting,
292
00:17:48,790 --> 00:17:50,960
they all sat down together,
293
00:17:51,000 --> 00:17:53,670
they decided that they were
gonna do it, and they done it.
294
00:17:53,710 --> 00:17:55,250
(gunshot fires)
295
00:17:59,880 --> 00:18:02,640
(Ken Jr) I mean,
when you've got the law,
you've got the judicial system,
296
00:18:02,680 --> 00:18:05,680
everybody in the area,
they're related
to one another...
297
00:18:07,140 --> 00:18:09,020
everybody covers for everybody.
298
00:18:17,780 --> 00:18:20,240
the Nodaway County prosecutor.
299
00:18:20,280 --> 00:18:23,700
Mr. Baird, how would you
describe the situation
300
00:18:23,740 --> 00:18:26,120
with the investigation
at this point?
301
00:18:27,040 --> 00:18:29,120
(David) So, whenthe day
302
00:18:29,160 --> 00:18:31,500
of the shooting
of Ken Rex McElroy,
303
00:18:31,540 --> 00:18:36,790
we have to move out of
2018 and back to 1981.
304
00:18:38,250 --> 00:18:40,970
And I say that because
it's a change in technology.
305
00:18:41,010 --> 00:18:44,970
We did not have cellphones,
we did not have texting,
306
00:18:45,010 --> 00:18:46,640
we did not have
any of the things
307
00:18:46,680 --> 00:18:49,220
that we take for granted today.
308
00:18:53,850 --> 00:18:55,810
Well, we started off
with a NOMIS squad,
309
00:18:55,860 --> 00:18:57,770
which started on
the Friday of the shooting
310
00:18:57,820 --> 00:18:59,900
which was the 10th of July.
311
00:18:59,940 --> 00:19:03,280
(David) NOMIS is
a major case squad
312
00:19:03,320 --> 00:19:06,780
made up of law enforcement
throughout northwest Missouri.
313
00:19:06,820 --> 00:19:11,370
When NOMIS is activated,
it's activated for a
five day period.
314
00:19:11,410 --> 00:19:14,710
It's designed to be short,
quick, get in, get out.
315
00:19:14,750 --> 00:19:18,460
We had anywhere
from 18 to 25 officers
316
00:19:18,500 --> 00:19:20,590
working nearly around
the clock and thereafter
317
00:19:20,630 --> 00:19:22,090
on all day shifts.
318
00:19:22,130 --> 00:19:24,050
(reporter) How can you
have this many people
319
00:19:24,090 --> 00:19:26,300
near where a murder
was perpetrated
320
00:19:26,340 --> 00:19:28,970
and not have anyone say
that they actually saw
321
00:19:29,010 --> 00:19:30,470
the person who did it.
322
00:19:30,520 --> 00:19:32,680
I can't really answer that.
323
00:19:32,730 --> 00:19:35,190
(reporter) Has that been
one of the stumbling blocks
thus far, or what?
324
00:19:35,230 --> 00:19:37,110
That's been
a big stumbling block.
325
00:19:40,020 --> 00:19:43,280
(David) The process is that you
start with what you know
326
00:19:43,320 --> 00:19:46,570
at the center, and then
you see how far it expands out.
327
00:19:50,660 --> 00:19:56,080
The only real witness they had
was Mrs. McElroy.
328
00:19:58,290 --> 00:20:00,880
(newscaster) Trena McElroy
told reporters she knows
329
00:20:00,920 --> 00:20:02,630
who killed her husband.
330
00:20:02,670 --> 00:20:05,630
But Mrs. McElroy accused
authorities of not working
331
00:20:05,680 --> 00:20:07,220
to solve the homicide.
332
00:20:09,430 --> 00:20:10,850
(reporter) Just tell
me what happened, right,
333
00:20:10,890 --> 00:20:13,680
I mean there was
tension in the air
334
00:20:13,720 --> 00:20:16,190
in that place, right?
335
00:20:16,230 --> 00:20:18,480
I seen a man go
across the street,
336
00:20:18,520 --> 00:20:21,900
go to his pickup,
take the gun out,
337
00:20:21,940 --> 00:20:23,360
and I seen him shoot it.
338
00:20:23,400 --> 00:20:25,150
(reporter) Who was that?
339
00:20:25,190 --> 00:20:26,490
It was Del Clement.
340
00:20:30,280 --> 00:20:34,790
(Charlie) Del Clement was
a rancher in the Skidmore area,
341
00:20:34,830 --> 00:20:37,210
lived out west of town.
342
00:20:37,250 --> 00:20:41,130
And as far as why he
would have a reason
343
00:20:41,170 --> 00:20:44,590
to kill Ken Rex McElroy,
I wouldn't have a clue.
344
00:20:51,550 --> 00:20:55,850
(gunshots firing)
345
00:20:55,890 --> 00:20:59,400
(Trena) He shot two times
while I was in there.
346
00:20:59,440 --> 00:21:02,820
He shot two more times
when I was getting out.
347
00:21:02,860 --> 00:21:05,360
And I don't know how many more.
348
00:21:05,400 --> 00:21:07,490
(reporter) You're absolutely
positive it was Del Clement
349
00:21:07,530 --> 00:21:10,820
-who shot your husband?
-Yes. I seen him shoot it.
350
00:21:10,870 --> 00:21:13,160
(Charlie) She said she
saw Del Clement.
351
00:21:13,200 --> 00:21:18,660
She saw him holding
a long gun of some type.
352
00:21:18,710 --> 00:21:21,460
Sure, I believe her.
No reason not to.
353
00:21:24,800 --> 00:21:29,340
(reporter) Trena says
she saw who killed Ken.
354
00:21:29,380 --> 00:21:33,050
Trena is a liar.
Let's make it plain.
355
00:21:33,100 --> 00:21:37,640
(Tom) If you knew Skidmore,
you knew that there was
356
00:21:37,680 --> 00:21:40,480
lots of trouble between
Ken Rex McElroy and
Del Clement.
357
00:21:40,520 --> 00:21:42,900
(newscaster) Del Clement,
the owner of the D&G bar,
358
00:21:42,940 --> 00:21:46,150
was one of the shooters,
according to McElroy's wife.
He denies it.
359
00:21:46,190 --> 00:21:50,700
(Charlie) The Clement family,
they were pillars of
the community.
360
00:21:50,740 --> 00:21:53,320
(Britt) Del, he was the cowboy.
361
00:21:53,370 --> 00:21:56,080
And he was the big cowboy
in this area.
362
00:21:56,120 --> 00:21:59,160
I mean at the rodeos,
he was the pickup man.
363
00:21:59,210 --> 00:22:02,750
All that. Good cowboy.
364
00:22:02,790 --> 00:22:06,420
(Charlie) He was the one
who walked into the bar
that day
365
00:22:06,460 --> 00:22:10,170
and told McElroy to
get the hell out of town.
366
00:22:10,220 --> 00:22:12,640
(reporter) Had there
been bad blood between...
367
00:22:12,680 --> 00:22:16,350
Not that I know of.
I never did know my husband
even talking to the man.
368
00:22:16,390 --> 00:22:18,060
The only thing that we did here
369
00:22:18,100 --> 00:22:20,730
that if my husband
went into town,
370
00:22:20,770 --> 00:22:23,770
they would lose $60
a day in their tavern.
371
00:22:23,810 --> 00:22:26,610
(reporter) Because nobody
would come in the bar.
372
00:22:26,650 --> 00:22:29,690
So the suggestion is
that Ken Rex McElroy
373
00:22:29,740 --> 00:22:31,900
was bad for the D&G's business.
374
00:22:31,950 --> 00:22:34,160
The rumor was.
375
00:22:34,200 --> 00:22:35,700
The rumor, yeah.
The rumor was.
376
00:22:35,740 --> 00:22:37,830
But, he never caused no trouble.
377
00:22:37,870 --> 00:22:41,160
My husband never caused
no trouble with nobody.
378
00:22:41,210 --> 00:22:44,630
(Cathy) Don't believe
everything you hear
in Skidmore.
379
00:22:47,090 --> 00:22:48,800
OK?
380
00:22:48,840 --> 00:22:53,050
One thing people in
Nodaway County are free with
381
00:22:53,090 --> 00:22:56,050
is opinions.
(laughs)
382
00:22:57,720 --> 00:23:03,440
Small towns are small towns.
383
00:23:03,480 --> 00:23:06,360
Everybody's got their
thought of how it happened,
384
00:23:06,400 --> 00:23:08,270
why it happened, who did it.
385
00:23:09,570 --> 00:23:11,690
How do you tell the truth?
386
00:23:11,740 --> 00:23:14,450
How do you find the truth?
387
00:23:14,490 --> 00:23:16,820
You've gotta
look at it logically
388
00:23:16,870 --> 00:23:21,200
because there's so
many emotions involved...
389
00:23:21,250 --> 00:23:23,580
in anything like this.
390
00:23:23,620 --> 00:23:30,420
She was a very staunch
supporter of Ken Rex McElroy.
391
00:23:31,460 --> 00:23:33,840
She rode around in the trucks.
392
00:23:34,800 --> 00:23:37,430
Had guns in her hand.
393
00:23:37,470 --> 00:23:41,810
Trena was very devoted...
in a twisted way.
394
00:23:43,890 --> 00:23:46,560
They were his backups,
you know a lot of time
395
00:23:46,600 --> 00:23:48,650
they went to a bar,
they'd sit outside
396
00:23:48,690 --> 00:23:52,320
with their shotguns, you know,
in case there was trouble.
397
00:23:55,360 --> 00:23:57,450
It'd be like Bonnie and Clyde.
398
00:23:59,830 --> 00:24:03,450
It's her word against
Del Clement's, I guess.
399
00:24:16,220 --> 00:24:17,640
a vigilante group
killed McElroy.
400
00:24:17,680 --> 00:24:20,430
One resident said he hopes
the case is solved soon
401
00:24:20,470 --> 00:24:22,810
so the town can return
to a normal life.
402
00:24:22,850 --> 00:24:24,850
(reporter) Except
for McElroy's wife,
403
00:24:24,890 --> 00:24:26,640
no one has come forward
404
00:24:26,690 --> 00:24:28,230
to point out a suspect
in his killing.
405
00:24:28,270 --> 00:24:29,900
(newscaster)
Authorities believe that
406
00:24:29,940 --> 00:24:31,400
half of the town's
citizens saw it,
407
00:24:31,440 --> 00:24:34,860
but no one
will come forward.
408
00:24:34,900 --> 00:24:39,120
(David) I did not anticipate
that we would not have
409
00:24:39,160 --> 00:24:41,410
witnesses, testimony,
and evidence
410
00:24:41,450 --> 00:24:43,790
within a relatively
short period of time.
411
00:24:48,250 --> 00:24:51,750
You know, it's frustrating
for a prosecutor, it's
frustrating for the officers,
412
00:24:51,790 --> 00:24:54,670
but that's, you know,
the situation that we're in now.
413
00:24:56,800 --> 00:24:59,140
(Steve) There's a bit of
pressure on law enforcement
414
00:24:59,180 --> 00:25:02,430
whenever a crime goes unsolved.
415
00:25:02,470 --> 00:25:06,680
There's a bit of pressure.
416
00:25:06,730 --> 00:25:10,350
(David) Understand that
the prosecutor doesn't really
417
00:25:10,400 --> 00:25:13,230
have anything to do
with the investigation.
418
00:25:13,270 --> 00:25:15,150
The investigation is
done by law enforcement.
419
00:25:15,190 --> 00:25:19,200
My reports come from
the state investigation,
420
00:25:19,240 --> 00:25:22,660
which in this case was NOMIS
and the sheriff's department.
421
00:25:25,620 --> 00:25:28,210
(reporter) Ken McElroy was shot
and killed last Friday
422
00:25:28,250 --> 00:25:30,420
over in Skidmore Missouri,
and since that time
423
00:25:30,460 --> 00:25:33,590
I know the Northwest Missouri
Major Case Squad has been
called in.
424
00:25:33,630 --> 00:25:37,510
What has your investigation
been focusing on?
425
00:25:37,550 --> 00:25:40,180
I can't really comment
on that at this time.
426
00:25:40,220 --> 00:25:45,140
NOMIS called almost immediately
for a coroner's inquest.
427
00:25:45,180 --> 00:25:48,640
Coroner's inquests
are sort of a mini grand jury.
428
00:25:48,680 --> 00:25:51,310
It's six people
that are in panel,
429
00:25:51,350 --> 00:25:54,060
they hear testimony,
and their job
430
00:25:54,110 --> 00:25:57,110
is to determine whether or not
a crime has been committed.
431
00:25:57,150 --> 00:26:00,910
(David) And the statute says
that if they come back and say,
432
00:26:00,950 --> 00:26:03,530
"We find this was
by criminal means",
433
00:26:03,570 --> 00:26:05,740
and name a specific individual,
434
00:26:05,790 --> 00:26:08,410
that, in effect,
becomes an indictment
435
00:26:08,450 --> 00:26:11,170
based upon their findings.
436
00:26:13,580 --> 00:26:16,920
(Steve) It was a way for
independent individuals
437
00:26:16,960 --> 00:26:20,420
unrelated to the case
to hear the testimony
438
00:26:20,470 --> 00:26:24,970
of Mrs. McElroy, to determine
if they would believe
439
00:26:25,010 --> 00:26:27,430
her statement and her testimony
440
00:26:27,470 --> 00:26:31,890
as to this is how
the incident occurred.
441
00:26:31,940 --> 00:26:35,020
I'm not sure you could
find a true impartial jury
442
00:26:35,060 --> 00:26:38,190
in Skidmore, Missouri.
443
00:26:38,230 --> 00:26:41,530
-(female reporter) Were you in
town the day of the shooting?
-Yes.
444
00:26:41,570 --> 00:26:43,110
(female reporter)
Where were you?
445
00:26:43,160 --> 00:26:45,740
Just a block, the little
white house on the corner,
446
00:26:45,780 --> 00:26:48,200
but I didn't hear, see,
or anything,
447
00:26:48,240 --> 00:26:50,910
'cause I was working
out in the garden,
448
00:26:50,960 --> 00:26:53,170
and I just didn't have any care.
449
00:26:55,500 --> 00:26:58,090
(Trena) People's afraid
to say what they seen
450
00:26:58,130 --> 00:27:00,300
because they're afraid
what's gonna happen to them
451
00:27:00,340 --> 00:27:01,800
and their family.
452
00:27:06,430 --> 00:27:08,680
(reporter) Counselor,
who shot him?
453
00:27:08,720 --> 00:27:11,350
His wife says that Mr. Clement.
454
00:27:11,390 --> 00:27:12,690
Del Clement shot him.
455
00:27:13,850 --> 00:27:17,020
Now, the prosecuting
attorney has said
456
00:27:17,060 --> 00:27:20,780
well it seems that,
and I understand this is
the allegation,
457
00:27:20,820 --> 00:27:25,360
that probably he was shot
by more than one person.
458
00:27:25,410 --> 00:27:27,120
And they've tried to
make something of that,
459
00:27:27,160 --> 00:27:29,330
as far as I read
in the news media,
460
00:27:29,370 --> 00:27:33,160
Mrs. McElroy says
that could well be.
461
00:27:33,210 --> 00:27:35,370
But she said I saw
one of the people
462
00:27:35,420 --> 00:27:38,250
who shot my husband.
463
00:27:38,290 --> 00:27:40,630
(Steve) She went to
the coroner's inquest and...
464
00:27:40,670 --> 00:27:43,470
and she testified
that she saw Del Clement
465
00:27:43,510 --> 00:27:49,470
grab a high powered rifle
out of his pickup truck
466
00:27:49,510 --> 00:27:52,430
and fire the shots
that killed her husband.
467
00:27:57,060 --> 00:27:59,270
(David) I'm gonna
play defense now.
468
00:27:59,320 --> 00:28:02,360
He had a motive.
So did 30 other people.
469
00:28:03,320 --> 00:28:05,150
Who's your eyewitness?
470
00:28:05,200 --> 00:28:06,450
Trena McElroy.
471
00:28:07,950 --> 00:28:09,740
Now, the truth is...
472
00:28:17,500 --> 00:28:20,130
The truth is that, um,
473
00:28:20,170 --> 00:28:25,300
at one point we had another
witness who we were prepared
474
00:28:25,340 --> 00:28:27,640
to take in front
of the grand jury
475
00:28:27,680 --> 00:28:31,010
who then got an attorney,
recanted, and wouldn't testify.
476
00:28:31,060 --> 00:28:35,390
I can't put on that
he previously told the officer
477
00:28:35,430 --> 00:28:36,690
here's who it was.
478
00:28:39,400 --> 00:28:42,360
(Trena) One person was
gonna go up to testify.
479
00:28:42,400 --> 00:28:47,320
And I heard that when
he went up to testify, uh,
480
00:28:47,360 --> 00:28:49,200
the prosecutor was
gonna put him in a room
481
00:28:49,240 --> 00:28:51,280
to put down what he said,
482
00:28:51,330 --> 00:28:54,080
well when he went back,
his fence was cut
and his cattle was took.
483
00:28:54,120 --> 00:28:57,670
They was gone. They had
drove them out of the lot.
484
00:28:57,710 --> 00:29:00,040
So now, I'm back to Trena.
485
00:29:00,080 --> 00:29:03,340
(reporter) Trena McElroy
says she saw who did it.
486
00:29:04,960 --> 00:29:06,220
Do you believe her?
487
00:29:09,090 --> 00:29:11,850
I don't.
No, I don't believe her.
488
00:29:13,430 --> 00:29:17,520
Because I think if she
actually saw who done it,
489
00:29:17,560 --> 00:29:22,610
uh... I think probably
there would have been
something done about it.
490
00:29:32,120 --> 00:29:35,240
(Steve) While the investigation
into the murder
491
00:29:35,290 --> 00:29:38,330
of Ken Rex McElroy
was going on,
492
00:29:38,370 --> 00:29:41,420
Trena and her kids disappeared.
493
00:29:41,460 --> 00:29:45,960
The whole McElroy
family went into hiding.
494
00:29:46,010 --> 00:29:47,760
Maybe they thought
they were next,
495
00:29:47,800 --> 00:29:50,010
maybe they felt their
lives were in danger.
496
00:29:50,050 --> 00:29:51,300
Who knows?
497
00:29:52,890 --> 00:29:54,680
(Ken Jr) Right after
the incident, you know,
498
00:29:54,720 --> 00:29:57,680
there was a time that people
would drive by at night
499
00:29:57,730 --> 00:29:59,520
and they'd shoot
into the house.
500
00:29:59,560 --> 00:30:05,110
-(gunshots firing)
-(engine revs)
501
00:30:05,150 --> 00:30:09,820
At 13 years old, you know,
that's not something you're
used to growing up with.
502
00:30:09,860 --> 00:30:11,950
It's like a war zone
in a small town.
503
00:30:11,990 --> 00:30:13,620
Everybody was
meeting at the house,
504
00:30:13,660 --> 00:30:16,580
and us kids were sitting
outside by the tree,
505
00:30:16,620 --> 00:30:19,500
and a Jeep drove by
and fired a gun.
506
00:30:20,580 --> 00:30:22,750
And my sister yelled,
"Oh, my God!"
507
00:30:22,790 --> 00:30:25,880
And the bullet had hit
right above my head.
508
00:30:25,920 --> 00:30:27,960
They attempted to shoot at me
and my little brother,
509
00:30:28,010 --> 00:30:32,510
and the bullet...
I mean literally grazed
my brother's ear.
510
00:30:32,550 --> 00:30:34,680
You're out in the middle
of nowhere,
511
00:30:34,720 --> 00:30:36,350
and they try to kill us.
512
00:30:36,390 --> 00:30:40,020
The emotion was to just pack up
and get the hell out.
513
00:30:49,990 --> 00:30:55,450
to have a murder case
in which there's anywhere
from 50 to 70 witnesses,
514
00:30:55,490 --> 00:30:57,910
and you don't make a case.
515
00:30:57,950 --> 00:31:04,330
(David) As a prosecutor,
my role is to be fair and just
to everyone,
516
00:31:04,370 --> 00:31:08,050
it was my estimation
that we could not prove
517
00:31:08,090 --> 00:31:12,630
and convince 12 jurors
beyond a reasonable doubt
518
00:31:12,670 --> 00:31:17,930
that a particular defendant
committed this crime.
519
00:31:17,970 --> 00:31:20,520
But it's always
possible I'm wrong.
520
00:31:22,230 --> 00:31:27,190
It's always possible
that jurors would disagree,
521
00:31:27,230 --> 00:31:29,900
and would in fact,
make the determination
522
00:31:29,940 --> 00:31:33,280
that this evidence
is sufficient.
523
00:31:33,320 --> 00:31:37,240
And so one of the ways
you can do that
524
00:31:37,280 --> 00:31:39,540
is by using a grand jury.
525
00:31:42,500 --> 00:31:44,500
(newscaster) In a little town
in northwest Missouri,
526
00:31:44,540 --> 00:31:47,040
a grand jury will meet
tomorrow, and is expected
527
00:31:47,080 --> 00:31:48,750
to consider
an unusual murder case.
528
00:31:48,790 --> 00:31:51,590
The victim's widow says
she can identify the killer,
529
00:31:51,630 --> 00:31:53,340
but at least some
people are asking
530
00:31:53,380 --> 00:31:55,970
if it isn't really a case
against an entire town.
531
00:31:56,010 --> 00:31:59,510
(intense music)
532
00:32:03,180 --> 00:32:05,270
(David) Normally,
you don't have a grand jury
533
00:32:05,310 --> 00:32:07,810
in a county of this size.
534
00:32:07,860 --> 00:32:09,730
In all the years
that I was prosecutor,
535
00:32:09,770 --> 00:32:12,230
the only time I had
the grand jury was
536
00:32:12,280 --> 00:32:14,990
for the Ken Rex McElroy
investigation.
537
00:32:15,030 --> 00:32:17,570
(newscaster) A grand jury
is being convened,
538
00:32:17,610 --> 00:32:20,370
but unless the town breaks
its code of silence,
539
00:32:20,410 --> 00:32:22,370
an indictment isn't likely.
540
00:32:22,410 --> 00:32:25,250
A statesman once said,
"You can't indict a people."
541
00:32:25,290 --> 00:32:27,880
Well, you can't indict
a whole town either.
542
00:32:41,100 --> 00:32:45,430
(David) The problem with
any witness in any case
543
00:32:45,480 --> 00:32:49,100
is making sure that
that witness' testimony
544
00:32:49,150 --> 00:32:51,190
is believable to a jury.
545
00:32:51,230 --> 00:32:56,240
Based upon the evidence
I had, I had no reason
to disbelieve her.
546
00:32:56,280 --> 00:33:02,700
Why did the grand jury
not believe Mrs. McElroy?
547
00:33:02,740 --> 00:33:04,490
I do not have an answer.
548
00:33:06,830 --> 00:33:09,750
(reporter) Could your husband
ever get a fair trial
in that county?
549
00:33:09,790 --> 00:33:14,300
No. No, there's
too much prejudice.
550
00:33:14,340 --> 00:33:18,260
Too many talk,
everybody just talked.
551
00:33:18,300 --> 00:33:20,800
And a lot of them didn't
know my husband at all.
552
00:33:20,840 --> 00:33:22,350
They just heard
rumors and stuff.
553
00:33:22,390 --> 00:33:23,930
(reporter)
They had a grand jury,
554
00:33:23,970 --> 00:33:28,270
and it sat for a long time.
555
00:33:29,230 --> 00:33:30,690
Grand jury on what?
556
00:33:30,730 --> 00:33:32,940
(reporter) On the...
into the...
557
00:33:32,980 --> 00:33:35,400
Looking into the murder
of your husband.
558
00:33:35,440 --> 00:33:37,530
Came up with nothing.
559
00:33:37,570 --> 00:33:40,280
Oh, there's a lot of
people that seen it.
560
00:33:43,200 --> 00:33:45,830
(reporter) You will probably
not be surprised to learn
561
00:33:45,870 --> 00:33:48,870
that so far no one's been
charged with the murder
562
00:33:48,910 --> 00:33:51,250
of Ken Rex McElroy.
563
00:33:51,290 --> 00:33:55,710
(Steve) This grand jury decided
that there wasn't
enough evidence
564
00:33:55,750 --> 00:33:59,130
to indict anyone.
565
00:33:59,170 --> 00:34:03,800
The coroner's inquest
was an exercise in futility.
566
00:34:03,850 --> 00:34:08,600
Local investigations
have so far come up with zero.
567
00:34:08,640 --> 00:34:13,230
A person, or persons,
unknown, shot and killed
568
00:34:13,270 --> 00:34:15,110
Ken Rex McElroy.
569
00:34:16,230 --> 00:34:18,650
Really?
(stammers)
570
00:34:18,690 --> 00:34:20,700
Was that the determination?
571
00:34:20,740 --> 00:34:26,830
They were no doubt told by
Trena who pulled the trigger.
572
00:34:26,870 --> 00:34:28,790
So for them to come
up that determination
573
00:34:28,830 --> 00:34:31,250
is... is...
it's a bit ridiculous.
574
00:34:31,290 --> 00:34:34,250
(reporter) McElroy's wife,
Trena, says she knows
575
00:34:34,290 --> 00:34:37,340
who killed her husband,
but police refuse to act.
576
00:34:37,380 --> 00:34:41,800
(interviewer) Why haven't
charges then been filed
against at least that suspect?
577
00:34:41,840 --> 00:34:44,550
Well, homicide is
a very serious crime,
578
00:34:44,590 --> 00:34:47,720
and carries a
very heavy penalty...
579
00:34:47,760 --> 00:34:49,930
and we need time for a
thorough investigation
580
00:34:49,980 --> 00:34:52,020
before charges
will be filed.
581
00:34:52,060 --> 00:34:54,650
(Richard) There has been
a conspiracy of silence.
582
00:34:54,690 --> 00:34:57,690
You cannot tell me
that 40 to 70 people
583
00:34:57,730 --> 00:35:01,780
standing on the sidewalk,
and a man is in his truck,
584
00:35:01,820 --> 00:35:03,950
and he's shot four times
in the head,
585
00:35:03,990 --> 00:35:06,280
that somebody did
not see who shot him,
586
00:35:06,330 --> 00:35:07,830
and nobody has come forward.
587
00:35:07,870 --> 00:35:09,750
Now, I've had some people
who tell me,
588
00:35:09,790 --> 00:35:11,660
"I know who did it,
but I'm afraid.
589
00:35:11,710 --> 00:35:14,420
What would happen
to me if I tell you
590
00:35:14,460 --> 00:35:16,670
who shot Mr. McElroy?"
591
00:35:16,710 --> 00:35:19,710
I can tell you,
but I don't want to
go under oath
592
00:35:19,760 --> 00:35:22,130
or go before a grand jury.
593
00:35:23,050 --> 00:35:24,720
These people freeze up.
594
00:35:24,760 --> 00:35:27,850
They're not going
to say anything.
595
00:35:27,890 --> 00:35:31,980
(Charlie) It's quite
a conspiracy to buy into.
596
00:35:32,020 --> 00:35:34,310
I don't believe it for a second.
597
00:35:34,350 --> 00:35:36,520
(Steve) The thing of it is,
598
00:35:36,560 --> 00:35:39,940
we don't know what happened
in that grand jury courtroom.
599
00:35:39,980 --> 00:35:42,320
None of us were there.
600
00:35:42,360 --> 00:35:43,740
Nobody knows what's been asked,
601
00:35:43,780 --> 00:35:47,490
nobody knows what's been
talked about... at all.
602
00:35:47,530 --> 00:35:49,280
They're totally secret.
603
00:35:55,290 --> 00:35:57,250
A lot of people
told me in the town
604
00:35:57,290 --> 00:36:00,750
that they really don't
care if the man who shot,
605
00:36:00,800 --> 00:36:04,130
or the people who shot McElroy,
are ever caught.
606
00:36:04,170 --> 00:36:07,890
Do you think that
they'll get their wish?
607
00:36:07,930 --> 00:36:12,640
Generally said,
"no witness, no case".
608
00:36:12,680 --> 00:36:19,150
And in fact whoever,
or how many ever shot him,
609
00:36:19,190 --> 00:36:22,820
they're free today on the same
principle he lived by:
610
00:36:22,860 --> 00:36:24,400
"No witness, no case."
611
00:36:42,340 --> 00:36:44,170
after Ken McElroy's death.
612
00:36:45,760 --> 00:36:47,510
A death some say
has erased the fear
613
00:36:47,550 --> 00:36:50,890
that reigned
while McElroy lived.
614
00:36:50,930 --> 00:36:54,850
(Steve) After Ken was shot,
it was almost as if
615
00:36:54,890 --> 00:36:59,100
Skidmore was trying
to forget the legacy
616
00:36:59,150 --> 00:37:00,940
that he gave to that town.
617
00:37:00,980 --> 00:37:02,570
(reporter) Skidmore
killed its bully,
618
00:37:02,610 --> 00:37:04,820
and most are happy he's dead,
619
00:37:04,860 --> 00:37:07,320
but the town is uncomfortable
with how it was done,
620
00:37:07,360 --> 00:37:10,240
and the notoriety
that followed.
621
00:37:10,280 --> 00:37:13,450
It's over and done with.
We'd like to start
forgetting about it.
622
00:37:13,490 --> 00:37:17,620
I hope and pray that they
never find out who did it...
623
00:37:17,660 --> 00:37:20,080
because I think the fellow
got what he deserved.
624
00:37:23,420 --> 00:37:27,220
(Charlie) I'm very sympathetic
to those people.
625
00:37:27,260 --> 00:37:29,840
The wheels of justice
turned too slow
626
00:37:29,890 --> 00:37:31,760
or weren't turning at all.
627
00:37:33,260 --> 00:37:35,140
I'm very sympathetic to the fact
628
00:37:35,180 --> 00:37:38,230
that they took justice
into their own hands,
629
00:37:38,270 --> 00:37:40,020
vigilante style,
630
00:37:40,060 --> 00:37:42,110
and got rid of the problem.
631
00:37:44,070 --> 00:37:46,230
(Britt) They did what
had to be done.
632
00:37:46,280 --> 00:37:50,450
I appreciate that.
I respect that.
633
00:37:50,490 --> 00:37:53,240
I respect that kind of courage.
634
00:37:53,280 --> 00:37:55,240
Was it good? No.
635
00:37:55,290 --> 00:37:56,950
Was it justified?
636
00:37:57,000 --> 00:37:59,960
Only because
there was no justice.
637
00:38:04,540 --> 00:38:07,130
(reporter) A lot of people
in Skidmore feel that--
638
00:38:07,170 --> 00:38:11,680
that whoever... whoever
killed him was justified,
639
00:38:11,720 --> 00:38:13,550
that since the law
couldn't protect them
640
00:38:13,600 --> 00:38:16,350
they had to take the law
into their own hands.
641
00:38:16,390 --> 00:38:18,560
I don't think that
anyone is ever justified
642
00:38:18,600 --> 00:38:20,560
in taking the law
into their hands.
643
00:38:20,600 --> 00:38:22,190
That's why we have laws.
644
00:38:22,230 --> 00:38:23,650
The same laws which protect
645
00:38:23,690 --> 00:38:25,860
the citizens of
the United States,
646
00:38:25,900 --> 00:38:29,030
anyone including the laws which
would protect Mr. McElroy.
647
00:38:29,070 --> 00:38:31,740
And at this point, you know,
it remains an active case
648
00:38:31,780 --> 00:38:33,740
and will be handled as such.
649
00:38:33,780 --> 00:38:38,040
My personal opinion
is anytime that there is a crime
650
00:38:38,080 --> 00:38:41,210
for which a person
is not held accountable,
651
00:38:41,250 --> 00:38:44,130
then justice was not done.
652
00:38:44,170 --> 00:38:45,630
(reporter)
Do you think there is
653
00:38:45,670 --> 00:38:47,670
a kind of conspiracy of silence?
654
00:38:50,130 --> 00:38:53,340
(Juarez) I believe without any
shadow of a doubt that there
was a major cover-up here.
655
00:38:53,390 --> 00:38:57,010
Not only by law enforcement,
but of all the people
in that town.
656
00:38:58,810 --> 00:39:01,180
(Ken Jr) When he got killed
and they got away with it,
657
00:39:01,230 --> 00:39:03,900
at that point,
they felt protected.
658
00:39:03,940 --> 00:39:06,860
They felt that, you know what,
there ain't a whole lot
we can't do here,
659
00:39:06,900 --> 00:39:10,780
that we're not gonna be able
to get away with.
660
00:39:10,820 --> 00:39:13,660
(Toni) I get a little angry
sometimes in this
whole scenario,
661
00:39:13,700 --> 00:39:15,370
because that's how it was done.
662
00:39:15,410 --> 00:39:17,620
I know the sheriff
and them were involved.
663
00:39:17,660 --> 00:39:20,700
I don't care what
anyone has to say,
664
00:39:20,750 --> 00:39:21,960
whether it ever comes to light.
665
00:39:22,000 --> 00:39:24,120
I know they were involved.
666
00:39:24,170 --> 00:39:25,750
I believe that it
was a conspiracy,
667
00:39:25,790 --> 00:39:28,250
I mean, till they
hold to this day,
668
00:39:28,300 --> 00:39:30,380
and they're gonna
keep holding it
669
00:39:30,420 --> 00:39:32,880
until the day they die.
670
00:39:32,920 --> 00:39:35,300
So, if this is a town
divided between those
671
00:39:35,340 --> 00:39:39,350
who despised McElroy,
and those who disapprove
of murder,
672
00:39:39,390 --> 00:39:42,730
it is also a town united
by fear on both sides.
673
00:39:42,770 --> 00:39:47,230
A fear that is
holding truth hostage.
674
00:39:47,270 --> 00:39:51,740
(reporter) Do you feel
that whoever shot your husband
is gonna be charged with murder?
675
00:39:54,700 --> 00:39:58,910
They're not gonna do anything
in that county... to him.
676
00:40:06,330 --> 00:40:07,670
(reporter)
677
00:40:07,710 --> 00:40:09,540
Yes.
678
00:40:10,550 --> 00:40:11,630
Today.
679
00:40:21,060 --> 00:40:23,140
(reporter) What is
the significance, if any,
680
00:40:23,180 --> 00:40:25,730
of the FBI's entrance
into the case?
681
00:40:26,600 --> 00:40:28,480
Really, I don't know.
682
00:40:28,520 --> 00:40:33,320
I know that Mrs. McElroy,
by and through her attorney,
683
00:40:33,360 --> 00:40:38,990
contacted the FBI
in regards to allegations
684
00:40:39,030 --> 00:40:42,120
that we were not
fully investigating.
685
00:40:42,160 --> 00:40:47,000
I know that in response
to that, the FBI is making
routine checks into it,
686
00:40:47,040 --> 00:40:52,420
and that is about the entirety
of my understanding
of their investigation.
687
00:40:52,460 --> 00:40:54,590
(newscaster) Trena McElroy
named her husband's shooter,
688
00:40:54,630 --> 00:40:56,880
but neither a coroner's jury,
nor a grand jury,
689
00:40:56,930 --> 00:40:59,300
decided there's enough
evidence to file charges.
690
00:40:59,340 --> 00:41:01,680
Now, the FBI
is getting involved.
691
00:41:01,720 --> 00:41:04,270
(Trena) I mean,
they're all in it together.
692
00:41:04,310 --> 00:41:07,480
It was set up, and they're
all gonna stick together.
693
00:41:07,520 --> 00:41:10,360
I mean, every one
of them seen it.
694
00:41:12,570 --> 00:41:16,570
(Robert) The FBI became
involved when Gene McFadin
695
00:41:16,610 --> 00:41:20,200
who represented McElroy,
and his wife Trena,
696
00:41:20,240 --> 00:41:23,200
contacted the FBI.
697
00:41:23,240 --> 00:41:24,620
When the federal government
gets involved
698
00:41:24,660 --> 00:41:28,210
it becomes, for some people,
more serious.
699
00:41:28,250 --> 00:41:30,500
Suddenly having
the federal government present
700
00:41:30,540 --> 00:41:34,500
inquiring through the FBI,
I'm sure had an impact
on the community.
701
00:41:36,260 --> 00:41:38,720
(newscaster) FBI agents came
to town dressed like farmers.
702
00:41:38,760 --> 00:41:41,550
And now few will talk
to outsiders at all.
703
00:41:43,430 --> 00:41:46,100
(Robert) My strategy was
to subpoena the individuals
704
00:41:46,140 --> 00:41:49,520
who were present
when McElroy was killed.
705
00:41:50,650 --> 00:41:52,270
The FBI then sent out agent,
706
00:41:52,310 --> 00:41:53,820
maybe as many as 10,
707
00:41:53,860 --> 00:41:56,480
to subpoena the people
who were present
708
00:41:56,530 --> 00:41:59,490
during the murder of McElroy.
709
00:41:59,530 --> 00:42:01,820
Of course, they were obligated
to respond to the subpoena
710
00:42:01,870 --> 00:42:03,370
by being present.
711
00:42:05,290 --> 00:42:09,410
And they were asked,
each of them,
what they observed
712
00:42:09,460 --> 00:42:11,500
when McElroy was killed.
713
00:42:13,250 --> 00:42:14,710
And they told us what they saw.
714
00:42:16,380 --> 00:42:19,470
(reporter) The fear has been
replaced by a new anxiety.
715
00:42:19,510 --> 00:42:21,260
There could be
federal indictments,
716
00:42:21,300 --> 00:42:23,260
and some of the town's
leading citizens
717
00:42:23,300 --> 00:42:25,890
could face a long
and costly trial.
717
00:42:26,305 --> 00:43:26,900
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