A U.S. Army wife has been charged with murder after she killed her 11-month-old son at their home on a Georgia military base, saying she wanted to send the baby to “be with Jesus and God,” authorities said.
April Evalyn Short, 30, of Fort Eisenhower, Georgia, has been charged by federal complaint with murder, with an aggravating circumstance of the alleged crime occurring during an act of child abuse, according to a statement by Jill E. Steinberg, the U.S. Attorney for the Southern District of Georgia.
Officials at Fort Eisenhower said in an online statement that the victim was the son of April Short and her husband, Staff Sergeant James Short. The couple’s two other children, ages 6 and 11, were home when their little brother was killed on Wednesday, authorities said.
April Short used a knife to cut the neck of her 11-month-old baby, who was rushed to Eisenhower Army Medical Center but unable to be saved, according to Steinberg.
April Evalyn Short, 30, of Fort Eisenhower, Georgia, is charged with murder after authorities said she cut her 11-month-old son’s neck, according to Jill E. Steinberg, U.S. Attorney for the Southern District of Georgia. Jefferson County Detention Center
Newsweek reached out via phone on Saturday night to representatives for Fort Eisenhower and the U.S. Attorney’s Office for comment. It was unclear at the time of publication if April Short had an attorney who could speak on her behalf.
Around 8 a.m. on Wednesday, James Short was on duty when he received a text message from his wife that caused him to become worried for the well-being of his children, according to the criminal complaint obtained by local media outlets The Augusta Press and WJBF.
The concerning message made references to God and said, “The days of darkness are upon us,” prompting him to call his wife who did not pick up, the criminal complaint states.
James Short returned home and found his wife barricaded in their primary bedroom with the baby and two other children. When he was unable to get into the adjoining primary bathroom, he called 911.
Officers with the Military Police and Department of the Army Civilian Police (DACP) arrived and were able to coax April Short out of the house but as police tried to detain her, she initially attempted to flee, the court documents state.
Authorities did not say if the two other children had suffered any injuries, but the criminal complaint states that April Short threatened to cut the 6-year-old girl if she didn’t stop crying.
When April Short was apprehended, James Short realized that his wife did not have their infant son with her, according to the criminal complaint. Around 9 a.m., he found the baby boy wrapped in a plastic shower curtain in the bathroom where he was bleeding from apparent neck wounds.
When FBI agents interviewed the older children, the 6-year-old said that her mother got knives and said she “was going to help” her little brother “be with Jesus and God.” April Short also told the children, “Don’t come into the bathroom because it might be really scary,” according to the court documents.
During an interview with investigators, April Short admitted to wrapping the infant in a shower curtain inside the bathtub and using a knife to cut his neck, saying that she knew what she did was “wrong” and “evil.”
While April Short made an initial court appearance on Thursday before U.S. Magistrate Judge Brian K. Epps, she has not yet entered a plea, according to the U.S. Attorney’s Office.
She’s been ordered by the court to undergo a psychiatric evaluation.
“There is reasonable cause to believe [April Short] may suffer from a mental disease or defect rendering her mentally incompetent to the extent she is unable to understand the nature and consequences of the proceedings against her or to assist properly in her defense,” the court order states.
April Short is currently in the custody of U.S. Marshals and is being held at Jefferson County Detention Center to await further proceedings.
The case is being investigated by the Department of the Army Criminal Investigation Division with assistance from the FBI and prosecuted by Assistant U.S. Attorneys Henry W. Syms Jr. and Patricia G. Rhodes.
Uncommon Knowledge
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Newsweek is committed to challenging conventional wisdom and finding connections in the search for common ground.
A father and son shot, dismembered and burned. This is the dark side of California cannabis – Cannabis Business Executive – Cannabis and Marijuana industry news
Here’s a look at controversial police encounters that have prompted protests over the past three decades. This select list includes cases in which police officers were charged or a grand jury was convened.
March 3, 1991 – LAPD officers beat motorist Rodney King after he leads police on a high-speed chase through Los Angeles County. George Holliday videotapes the beating from his apartment balcony. The video shows police hitting King more than 50 times with their batons. Over 20 officers are present at the scene, mostly from the LAPD. King suffers 11 fractures and other injuries.
March 15, 1991 – A Los Angeles grand jury indicts Sergeant Stacey Koon and Officers Laurence Michael Powell, Timothy Wind and Theodore Briseno in connection with the beating.
May 10, 1991 – A grand jury refuses to indict 17 officers who stood by at the King beating and did nothing.
May 1, 1992 – King makes an emotional plea for calm, “People, I just want to say, can we all get along? Can we get along? Can we stop making it horrible for the older people and the kids?”
August 4, 1992 – A federal grand jury returns indictments against Koon, Powell, Wind, and Briseno on the charge of violating King’s civil rights.
April 17, 1993 – Koon and Powell are convicted for violating King’s civil rights. Wind and Briseno are found not guilty. No disturbances follow the verdict. On August 4, both Koon and Powell are sentenced to 30 months in prison. Powell is found guilty of violating King’s constitutional right to be free from an arrest made with “unreasonable force.” Koon, the ranking officer, is convicted of permitting the civil rights violation to occur.
April 19, 1994 – King is awarded $3.8 million in compensatory damages in a civil lawsuit against the City of Los Angeles. King had demanded $56 million, or $1 million for every blow struck by the officers.
June 1, 1994 – In a civil trial against the police officers, a juryawards King $0 in punitive damages. He had asked for $15 million.
November 5, 1992 – Two white police officers approach Malice Wayne Green, a 35-year-old black motorist, after he parks outside a suspected drug den. Witnesses say the police strike the unarmed man in the head repeatedly with heavy flashlights. The officers claim they feared Green was trying to reach for one of their weapons. Green dies of his injuries later that night.
November 16, 1992 – Two officers, Larry Nevers and Walter Budzyn, are charged with second-degree murder. Sgt. Freddie Douglas, a supervisor who arrived on the scene after a call for backup, is charged with involuntary manslaughter and willful neglect of duty. These charges are later dismissed. Another officer, Robert Lessnau, is charged with assault with intent to do great bodily harm.
November 18, 1992 – The Detroit Free Press reports that toxicology tests revealed alcohol and a small amount of cocaine in Green’s system. A medical examiner later states that Green’s head injuries, combined with the cocaine and alcohol in his system, led to his death.
December 1992 – The Detroit police chief fires the four officers.
August 23, 1993 – Nevers and Budzyn are convicted of murder after a 45-day trial. Lessnau is acquitted. Nevers sentence is 12-25 years, while Budzyn’s sentence is 8-18 years.
1997-1998 – The Michigan Supreme Court orders a retrial for Budzyn due to possible jury bias. During the second trial, a jury convicts Budzyn of a less serious charge, involuntary manslaughter, and he is released with time served.
2000-2001 – A jury finds Nevers guilty of involuntary manslaughter after a second trial. He is released from prison in 2001.
August 9, 1997 – Abner Louima, a 33-year-old Haitian immigrant, is arrested for interfering with officers trying to break up a fight in front of the Club Rendez-vous nightclub in Brooklyn. Louima alleges, while handcuffed, police officers lead him to the precinct bathroom and sodomized him with a plunger or broomstick.
August 15, 1997 – Police officers Justin Volpe and Charles Schwarz are charged with aggravated sexual abuse and first-degree assault.
August 16, 1997 – Thousands of angry protesters gather outside Brooklyn’s 70th Precinct to demonstrate against what they say is a long-standing problem of police brutality against minorities.
August 18, 1997 – Two more officers, Thomas Wiese and Thomas Bruder, are charged with assault and criminal possession of a weapon.
February 26, 1998 – Volpe, Bruder, Schwarz and Wiese are indicted on federal civil rights charges. A fifth officer, Michael Bellomo, is accused of helping the others cover up the alleged beating, as well as an alleged assault on another Haitian immigrant, Patrick Antoine, the same night.
May 1999 – Volpe pleads guilty to beating and sodomizing Louima. He is later sentenced to 30 years in prison.
June 8, 1999 – Schwarz is convicted of beating Louima, then holding him down while he was being tortured. Wiese, Bruder, and Bellomo are acquitted. Schwarz is later sentenced to 15 and a half years in prison for perjury.
March 6, 2000 – In a second trial, Schwarz, Wiese, and Bruder are convicted of conspiring to obstruct justice by covering up the attack. On February 28, 2002, the Second Circuit Court of Appeals overturns their convictions.
September 2002 – Schwarz pleads guilty to perjury and is sentenced to five years in prison. He had been scheduled to face a new trial for civil rights violations but agreed to a deal.
February 4, 1999 –Amadou Diallo, 22, a street vendor from West Africa, is confronted outside his home in the Bronx by four NYPD officers who are searching the neighborhood for a rapist. When Diallo reaches for his wallet, the officers open fire, reportedly fearing he was pulling out a gun. They fire 41 times and hit him 19 times, killing him.
March 25, 1999 – A Bronx grand jury votes to indict the four officers – Sean Carroll, Edward McMellon, Kenneth Boss and Richard Murphy – for second-degree murder. On February 25, 2000, they are acquitted.
January 2001 – The US Justice Department announces it will not pursue federal civil rights charges against the officers.
January 2004 – Diallo’s family receives $3 million in a wrongful death lawsuit.
September 4, 2005 – Six days after Hurricane Katrina devastates the area, New Orleans police officers receive a radio call that two officers are down under the Danziger vertical-lift bridge. According to the officers, people are shooting at them and they have returned fire.
– Brothers Ronald and Lance Madison, along with four members of the Bartholomew family, are shot by police officers. Ronald Madison, 40, who is intellectually disabled, and James Brisette, 17 (some sources say 19), are fatally wounded.
December 28, 2006 – Police Sgts. Kenneth Bowen and Robert Gisevius and officers Robert Faulcon and Anthony Villavaso are charged with first-degree murder. Officers Robert Barrios, Michael Hunter and Ignatius Hills are charged with attempted murder.
August 2008 – State charges against the officers are thrown out.
July 12, 2010 – Four officers are indicted on federal charges of murdering Brissette: Bowen, Gisevius, Faulcon and Villavaso. Faulcon is also charged with Madison’s murder. Bowen, Gisevius, Faulcon and Villavaso, along with Arthur Kaufman and Gerard Dugue are charged with covering up the shooting.
April 8, 2010 – Hunter pleads guilty in federal court of covering up the police shooting. In December, he is sentenced to eight years in prison.
August 5, 2011 – The jury finds five officers guilty of civil rights and obstruction charges: Bowen, Gisevius, Faulcon, Villavaso and Kaufman.
October 5, 2011 – Hills receives a six and a half year sentence for his role in the shooting.
April 4, 2012 – A federal judge sentences five officers to prison terms ranging from six to 65 years for the shootings of unarmed civilians. Faulcon receives 65 years. Bowen and Gisevius both receive 40 years. Villavaso receives 38 years. Kaufman, who was involved in the cover up, receives six years.
March 2013 – After a January 2012 mistrial, Dugue’s trial is delayed indefinitely.
September 17, 2013 – Bowen, Gisevius, Faulcon, Villavaso and Kaufman are awarded a new trial.
April 20, 2016 – Bowen, Gisevius, Faulcon, Villavaso and Kaufman plead guilty in exchange for reduced sentences.
March 2007 – Three of the five officers involved in the shooting are indicted: Detectives Gescard F. Isnora and Michael Oliver are charged with manslaughter, and Michael Oliver is charged with reckless endangerment. On April 25, 2008, thethree officers are acquitted of all charges.
July 27, 2010 – New York City settles a lawsuit for more than $7 million filed by Bell’s family and two of his friends.
2009 – Oakland, California – Oscar Grant
January 1, 2009 – San Francisco Bay Area Rapid Transit (BART) officer Johannes Mehserle shootsOscar Grant, an unarmed 22-year-old, in the back while he is lying face down on a platform at the Fruitvale BART station in Oakland.
January 7, 2009 – Footage from station KTVU shows demonstrators vandalizing businesses and assaulting police in Oakland during a protest.About 105 people are arrested. Some protesters lie on their stomachs, saying they are showing solidarity with Grant, who was shot in the back.
January 27, 2010 – The mother of Grant’s young daughter receives a $1.5 million settlement from her lawsuit against BART.
July 8, 2010 – A jury finds Mehserle guilty of involuntary manslaughter. At the trial, Mehserle says that he intended to draw and fire his Taser rather than his gun. On November 5, 2010,Mehserle is sentenced to two years in prison. Outrage over the light sentence leads to a night of violent protests.
June 2011 – Mehserle is released from prison.
July 12, 2013 – The movie, “Fruitvale Station” opens in limited release. It dramatizes the final hours of Grant’s life.
July 5, 2011 – Fullerton police officers respond to a call about a homeless man looking into car windows and pulling on car handles. Surveillance camera footage shows Kelly Thomas being beaten and stunned with a Taser by police. Thomas, who was mentally ill, dies five days later in the hospital. When the surveillance video of Thomas’s beating is released in May 2012, it sparks a nationwide outcry.
May 9, 2012 – Officer Manuel Ramos is charged with second-degree murder and involuntary manslaughter, and Cpl. Jay Patrick Cicinelli is charged with involuntary manslaughter and felony use of excessive force. On January 13, 2014, a jury acquits Ramos and Cicinelli.
May 16, 2012 – The City of Fullerton awards $1 million to Thomas’ mother, Cathy Thomas.
July 17, 2014 – Eric Garner, 43, dies after Officer Daniel Pantaleo uses a department-banned chokehold on him during an arrest for allegedly selling cigarettes illegally. Garner dies later that day.
August 1, 2014 – The New York City Medical Examiner rules Garner’s death a homicide.
December 3, 2014 –A grand jury decides not to indict Pantaleo. Protests are held in New York, Washington, Philadelphia and Oakland, California. Demonstrators chant Garner’s last words, “I can’t breathe!”
August 9, 2014 – During a struggle, a police officer fatally shoots Michael Brown, an unarmed 18-year-old.
August 9-10, 2014 – Approximately 1,000 demonstrators protest Brown’s death. The Ferguson-area protest turns violent and police begin using tear gas and rubber bullets to disperse the crowd. Black Lives Matter, a protest movement that grew out of the Trayvon Martin shooting in 2012, grows in visibility during the Ferguson demonstrations.
August 15, 2014 – Police identify the officer as 28-year-old Darren Wilson. Wilson is put on paid administrative leave after the incident.
August 18, 2014 – Governor Jay Nixon calls in the Missouri National Guard to protect the police command center.
November 24, 2014 – A grand jury does not indict Wilson for Brown’s shooting. Documents show that Wilson fired his gun 12 times. Protests erupt nationwide after the hearing.
November 29, 2014 – Wilson resigns from the Ferguson police force.
August 9-10, 2015 – The anniversary observations of Brown’s death are largely peaceful during the day. After dark, shots are fired, businesses are vandalized and there are tense standoffs between officers and protestors, according to police. The next day, a state of emergency is declared and fifty-six people are arrested during a demonstration at a St. Louis courthouse.
June 20, 2017 – A settlement is reached in the Brown family wrongful death lawsuit against the city of Ferguson. While the details of the settlement are not disclosed to the public, US Federal Judge Richard Webber calls the settlement, “fair and reasonable compensation.”
October 20, 2014 – Chicago police officer Jason Van Dyke shoots and kills Laquan McDonald, 17. Van Dyke says he fired in self-defense after McDonald lunged at him with a knife, but dashcam video shows McDonald walking away from police. Later, an autopsy shows McDonald was shot 16 times.
April 15, 2015 – The city agrees to pay $5 million to McDonald’s family.
November 19, 2015 – A judge in Chicago orders the city to release the police dashcam video that shows the shooting. For months, the city had fought attempts to have the video released to the public, saying it could jeopardize any ongoing investigation. The decision is the result of a Freedom of Information Act request by freelance journalist, Brandon Smith.
August 30, 2016 – Chicago Police Superintendent Eddie Johnson files administrative charges against six officers involved in the shooting. Five officers will have their cases heard by the Chicago Police Board, which will rule if the officers will be terminated. The sixth officer charged has resigned.
June 27, 2017 – Three officers are indicted on felony conspiracy, official misconduct and obstruction of justice charges for allegedly lying to investigators.
October 9, 2019 – Inspector General Joseph Ferguson releases a report detailing a cover-up involving 16 officers and supervisors.
April 4, 2015 – North Charleston police officer Michael Slager fatally shoots Walter Scott, 50, an unarmed motorist stopped for a broken brake light. Slager says he feared for his life after Scott grabbed his Taser.
April 7, 2015 – Cellphone video of the incident is released. It shows Scott running away and Slager shooting him in the back. Slager is charged with first-degree murder.
October 8, 2015 – The North Charleston City Council approves a $6.5 million settlement with the family of Walter Scott.
April 12, 2015 – Police arrest 25-year-old Freddie Gray on a weapons charge after he is found with a knife in his pocket. Witness video contains audio of Gray screaming as officers carry him to the prisoner transport van. After arriving at the police station, Gray is transferred to a trauma clinic with a severe spinal injury. He falls into a coma and dies one week later.
April 21, 2015 – The names of six officers involved in the arrest are released. Lt. Brian Rice, 41, Officer Caesar Goodson, 45, Sgt. Alicia White, 30, Officer William Porter, 25, Officer Garrett Miller, 26, and Officer Edward Nero, 29, are all suspended.
April 24, 2015 – Baltimore police acknowledge Gray did not get timely medical care after his arrest and was not buckled into a seat belt while being transported in the police van.
April 27, 2015 – Protests turn into riots on the day of Gray’s funeral. At least 20 officers are injured as police and protesters clash on the streets. Gov. Larry Hogan’s office declares a state of emergency and activates the National Guard to address the unrest.
May 21, 2015 – A Baltimore grand jury indicts the six officers involved in the arrest of Freddie Gray. The officers face a range of charges from involuntary manslaughter to reckless endangerment. Goodson, the driver of the transport van, will face the most severe charge: second-degree depraved-heart murder.
July 27, 2016 – Prosecutors drop charges against the three remaining officers awaiting trial in connection with Gray’s death.
August 10, 2016 –A Justice Department investigation finds that the Baltimore Police Department engages in unconstitutional practices that lead to disproportionate rates of stops, searches and arrests of African-Americans. The report also finds excessive use of force against juveniles and people with mental health disabilities.
2016 – Falcon Heights, Minnesota – Philando Castile
July 6, 2016 – Police officer Jeronimo Yanez shoots and kills Philando Castile during a traffic stop in Falcon Heights. Castile’s girlfriend, Diamond Reynolds, live-streams the aftermath of the confrontation, and says Castile was reaching for his identification when he was shot.
June 26, 2017 – It is announced that the family of Castile has reached a $3 million settlement with the city of St. Anthony, Minnesota.
November 29, 2017 – The city of St. Anthony announces that Reynolds has settled with two cities for $800,000. St. Anthony will pay $675,000 of the settlement, while an insurance trust will pay $125,000 on behalf of Roseville.
September 16, 2016 – Tulsa Police Officer Betty Shelby fatally shoots Terence Crutcher, a 40-year-old unarmed black man, after his car is found abandoned in the middle of the road.
October 28, 2019 – A $2 million settlement is finalized in a wrongful death lawsuit filed against Rosfeld and East Pittsburgh.
September 1, 2018 – During a traffic stop, O’Shae Terry is gunned down by an Arlington police officer. Terry, 24, was pulled over for having an expired temporary tag on his car. During the stop, officers reportedly smelled marijuana in the vehicle. Police video from the scene shows officer Bau Tran firing into the car as Terry tries to drive away. Investigators later locate a concealed firearm, marijuana and ecstasy pills in the vehicle.
October 19, 2018 – The Arlington Police Department releases information about a criminal investigation into the incident. According to the release, Tran declined to provide detectives with a statement and the matter is pending with the Tarrant County Criminal District Attorney’s Office. Tran is still employed by the police department but is working on restricted duty status, according to the news release.
May 1, 2019 – A grand jury issues an indictment charging Tran with criminally negligent homicide. On May 17, 2019, the Arlington Police Department announces Tran has been fired.
March 13, 2020 – Louisville Metro Police officers fatally shoot Taylor, a 26-year-old EMT, after they forcibly enter her apartment while executing a late-night, no-knock warrant in a narcotics investigation. Taylor’s boyfriend, Kenneth Walker III, is also in the apartment and fires one shot at who he believes are intruders. Taylor is shot at least eight times and Walker is charged with attempted murder of a police officer and first-degree assault. The charges are later dismissed.
April 27, 2020 – Taylor’s family files a wrongful death lawsuit. In the lawsuit, Taylor’s mother says the officers should have called off their search because the suspect they sought had already been arrested.
September 15, 2020 – The city of Louisville agrees to pay $12 million to Taylor’s family and institute sweeping police reforms in a settlement of the family’s wrongful death lawsuit.
May 27, 2020 – Gov. Tim Walz signs an executive order activating the Minnesota National Guard after protests and demonstrations erupt throughout Minneapolis and St. Paul.
February 24, 2022 –Lane, Kueng and Thao are found guilty of depriving Floyd of his civil rights by showing deliberate indifference to his medical needs. The jurors also find Thao and Kueng guilty of an additional charge for failing to intervene to stop Chauvin. Lane, who did not face the extra charge, had testified that he asked Chauvin twice to reposition Floyd while restraining him but was denied both times.
May 1, 2023 – A Minnesota judge finds Thao guilty of aiding and abetting second-degree manslaughter, according to court documents. He is sentenced to four years and nine months in prison.
June 12, 2020 – Rayshard Brooks, 27, is shot and killed by Atlanta police officer Garrett Rolfe outside a Wendy’s restaurant after failing a sobriety test, fighting with two officers, taking a Taser from one and running away.
June 13, 2020 – Rolfe is terminated from the Atlanta Police Department, according to an Atlanta police spokesperson. A second officer involved is placed on administrative leave.
June 14, 2020 – According to a release from the Fulton County, Georgia, Medical Examiner’s Office, Brooks died from a gunshot wound to the back. The manner of death is listed as homicide.
April 11, 2021 –Daunte Wright, 20, is shot and killed by Brooklyn Center police officer Kimberly Potter following a routine traffic stop for an expired tag.
April 12, 2021 – During a press conference, Brooklyn Center Police Chief Tim Gannon announces Potter accidentally drew a handgun instead of a Taser. According to Gannon, “this was an accidental discharge, that resulted in a tragic death of Mr. Wright.” Potter is placed on administrative leave. According to the Hennepin County Medical Examiner’s Office, Wright’s death has been ruled a homicide.
April 14, 2021 – Potter is arrested and charged with second degree manslaughter. Washington County Attorney Pete Orput issues a news release which includes a summary of the criminal complaint filed against Potter. According to the release, Potter shot Wright with a Glock handgun holstered on her right side, after saying she would tase Wright. Later, the state amends the complaint against Potter, adding an additional charge of manslaughter in the first degree.
June 21, 2022 – The city of Brooklyn Center, Minnesota, agrees to pay $3.25 million to the family of Wright. The sum is part of a settlement deal the family struck with the city, which also agreed to make changes in its policing policies and training, the Wright family legal team said in a news release.
April 13, 2022 – Grand Rapids police release video from police body camera, the police unit’s dashcam, a cell phone and a home surveillance system, which show the police officer’s encounter with Lyoya, including two clips showing the fatal shot. Lyoya was pulled over for an allegedly unregistered license plate when he got out of the car and ran. He resisted the officer’s attempt to arrest him and was shot while struggling with the officer on the ground.
January 7, 2023 – Tyre Nichols, a 29-year-old Black man, is hospitalized following a traffic stop that lead to a violent arrest. Nichols dies three days later from injuries sustained, according to police.
January 26, 2023 – A grand jury indicts the five police officers. They are each charged with second-degree murder, aggravated assault, two charges of aggravated kidnapping, two charges of official misconduct and one charge of official oppression, according to both Shelby County criminal court and Shelby County jail records.
January 30, 2023 – Memphis police say two additional officers have been placed on leave. Only one officer is identified, Preston Hemphill. Additionally, the Memphis Fire Department announces three employees have been fired over their response to the incident: emergency medical technicians Robert Long and JaMichael Sandridge and Lt. Michelle Whitaker.
September 12, 2023 – The five police officers involved are indicted by a federal grand jury on several charges including deprivation of rights.
November 2, 2023 – Desmond Mills Jr., one of the five former Memphis police officers accused in the death of Nichols, pleads guilty to federal charges and agrees to plead guilty to related state charges as part of a plea deal with prosecutors.
A neighbor of the Brooklyn man gunned down alongside his stepdad in a deadly dispute over noise from their apartment remembered the younger victim Thursday as deserving of a better fate.
Chinwai Mode, 27, was a “polite young man,” the 38-year-old resident told the Daily News. “Didn’t do nothing wrong. No problems. He would help me bring in my groceries, my laundry … That kid didn’t give no problems.”
Mode was shot to death last Sunday alongside his father Bladimy Mathurin, 47, in a caught-on-video double-homicide in which Jason Pass opened fire to end a long-running noise complaint against the neighbors living above his mother’s apartment, police said. Pass, also 47, was himself shot to death Wednesday morning on a Brooklyn street after charging at police officers with a knife in his hand, cops said.
Chinwai Mode was shot and killed in a fourth-floor hallway outside his apartment on Sunday in Brooklyn.
The neighbor said he believed Pass confronted the two victims with murder on his mind.
“Everything was ready to go,” he said. “That gun was already cocked. He came for blood … I wish the streets caught up with him. But he got what he deserved.”
A 27-year-old female neighbor said the senseless shootings left her feeling bad for everyone involved.
“Three lives lost because of a noise complaint,” she said. “I feel like it just got to a point it shouldn’t have gotten. I don’t think he should have gone up there with a gun if it was just going to be a complaint.”
An online fundraising effort was launched to raise money for the Mathurin family to relocate from the building where the twin homicides occurred, noting their once-happy home had now become a crime scene. The gunman’s mother was also still residing one floor below the mourning family.
“Imagine having to relive the gruesome death of a loved one at the hands of a murderer every time you walk into your apartment,” read the appeal. “That’s the reality of Bladimy Mathurin’s widow, his 10-year-old daughter, 18-year-old son and 23-year-old daughter who witnessed the earth-shattering executions.”
The body-building father “was a source of inspiration and an example of gallantry for his son, Chinwai, a music lover whose light will be deeply missed as well,” the message continued.
A high-ranking police source told The News that cops have yet to find the gun Pass used to kill his two victims inside a hallway of their East Flatbush Gardens building. The weapon was not inside the car driven by the suspect before his deadly confrontation with the NYPD, the source indicated.
Pass served eight years in the U.S. Army, deploying to Afghanistan and Iraq while earning numerous medals, his sister told The News. He also worked at the World Trade Center site after the 9/11 attacks.
“He was a brother, an uncle, a son, a cousin,” she said. “If I could turn back time, I would. But he’s in heaven with his father.”
Another building resident told The News that he wanted to move out of his apartment in the aftermath of the murders. The 34-year-old neighbor said he had a similar issue with noisy neighbors, adding the walls and the floors of the residence were too thin.
“When I heard the situation was exactly like mine, I was shocked,” he said. “It’s because of disrespect. This is the lesson for all of us. It’s all about the respect.”
A man who said he shot two sheriff’s deputies at point-blank range while seeking revenge for a friend killed by police was sentenced to 166 years in prison Wednesday, prosecutors said.
Deonte Murray, 39, was convicted in September on multiple counts of attempted murder, assault, robbery and carjacking for an 11-day string of crimes that culminated when he walked up to an L.A. County Sheriff’s Department cruiser parked outside a Compton train station and opened fire. Deputies Claudia Apolinar and Emmanuel Perez-Perez were struck in the head and face and required surgery for their serious injuries.
The attack occurred in September 2020, on the heels of the murder of George Floyd in Minneapolis and during a flash point in police-community relations in L.A. after weeks of local protests against law enforcement. Murray, who admitted to the shootings, said he wanted payback after deputies killed his best friend, Samuel Herrera.
Eleven days before the attack on Apolinar and Perez-Perez, Herrera died in a shootout with sheriff’s deputies who were trying to serve a search warrant. Police recovered a small cache of firearms in Herrera’s garage, and neither of the deputies that Murray shot were involved in Herrera’s killing.
Murray’s attorney, Kate Hardie, said her client was in a grief-stricken rage after Herrera’s death and acting irrationally. He was living out of his car and operating in “a blur” of cognac and methamphetamine, she said.
Before shooting the deputies, Murray sprayed bullets at a car outside the Compton courthouse at a man he assumed was a plainclothes police detective. The victim in that shooting was not a law enforcement officer; he’d simply gone to the courthouse to file paperwork and was “trying to do a Zoom meeting in his car,” Deputy Dist. Atty. Stephen Lonseth told jurors.
Hours later, Murray approached the deputies’ cruiser and shot through the front passenger’s window before running away. Surveillance footage from the scene showed Apolinar, stained with blood, tending to Perez-Perez’s wounds.
“They’re alive because of, frankly, a miracle, and the heroics of Claudia Apolinar, who, despite being shot through the jaw, through the wrist, kept this from being a murder case,” Lonseth said.
The on-the-run Brooklyn man wanted for shooting two upstairs neighbors to death over noise complaints was nabbed after being shot by NYPD cops early Wednesday, police sources said.
About 7:15 a.m. Wednesday, cops found Pass on Bay 44th St. in Bath Beach, Brooklyn, sources said.
Bladimy Mathurin (left) and his stepson, Chin Wai Mode (right), were shot and killed in a fourth-floor hallway outside their apartment on Sunday in Brooklyn.
Pass was shot by officers as they tried to arrest him, a police source said. Pass was armed with a knife when he was shot, a second police source said.
Pass, who often stays with his elderly mother in the apartment directly below Mathurin’s fourth-floor pad on Brooklyn Ave. in East Flatbush, had long complained about the noise the family upstairs was making, according to police.
A woman who identified herself as Pass’ older sister on Tuesday confirmed the ongoing quarrel but claimed Mathurin and his family had threatened her mom and brother prior to that.
On the night of the killing, Pass went upstairs simply to talk to Mathurin “about the jumping and moving furniture and all these situations,” she claimed.
Pass is seen pulling a pistol with a green laser scope and opening fire on Mathurin as the victim’s back was turned.
Surveillance video shows deadly shooting of father and stepson in Brooklyn.
The Brooklyn bodybuilder was talking to his wife, who was begging him to go back inside when Pass started blasting away, the video shows.
Just moments earlier, the two men stood toe-to-toe as Mathurin held a pair of scissors to Pass’ chest, but the gunman appeared to be in no immediate danger when he pulled his gun and started firing.
Mathurin was repeatedly shot in the back and the head as he ran back to his apartment. Mode, Mathurin’s stepson, was fatally shot trying to run to the hallway staircase, the video shows.
The victims were arguing with each other in a fourth-floor hallway of the troubled Flatbush Gardens complex in East Flatbush when the killer opened fire about 10:35 p.m. Sunday, cops said. (Theodore Parisienne for New York Daily News)
After shooting both men, Pass didn’t make a quick escape. Instead, he called the elevator and waited about 20 seconds for it to arrive, the video shows.
Pass had a short-lived career as a corrections officer at Sing Sing Correctional Facility in Westchester and was terminated in 2005, according to Department of Corrections and Community Supervision spokesperson Thomas Mailey.
The suspected gunman was fired from the department in June of that year, the same month The News reported he’d pulled a pistol on two plainclothes police officers in a road rage incident on Ralph Ave. in Flatlands, Brooklyn.
A full 21 years after his murder, turntable wizard Jam Master Jay can stop spinning in his grave.
All three suspects in the shocking 2002 execution of the Run-DMC DJ inside his Queens recording studio may finally appear in a courtroom for trial next year, although the news did little to appease Jay’s family and friends as they wait impatiently for justice in his death.
“It’s a drag, to be honest,” said Doc Thompson, a cousin of the slain Jason Mizell. “The word in the news is a trial next year? So we’re all longing for 2024. And Jay’s birthday is Jan. 21.”
The recent identification of a third suspect spurred the latest round of legal wrangling, with new defendant Jay Bryant winning a court battle for a separate trial rather than joining the scheduled Jan. 29, 2024, prosecution of co-defendants Ronald “Tinard” Washington and Karl Jordan Jr.
But even that decision came with a twist revealed last week: Federal prosecutors are now seeking to try all three at once, with separate juries hearing the cases simultaneously inside a Brooklyn Federal Court. One would supposedly hear the case against Washington and Jordan, while a second would decide the fate of Bryant, a new court filing revealed.
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Jay Bryant, who was charged in Jam Master Jay’s 2002 murder. (Facebook)
“I’ve done these before, they’re not inherently wrong,” said longtime defense attorney Ron Kuby. “They’re longer than a single trial, but shorter than two separate trials. That’s the idea.”
The Rock & Roll Hall of Famer DJ with Run-DMC was gunned down point blank on the night of Oct. 30, 2002, with prosecutors alleging the beloved maestro, 37, was killed in cold blood after cutting the assassins out of a lucrative multi-kilogram cocaine deal.
Bryant, the newest defendant, won a recent legal battle to sever his case from the prosecution of Washington and Jordan, whose August 2020 arrests seemed to signal that prosecutions in the long-cold-case killing were finally coming. Court papers indicated the defendants were likely to blame one another for the shooting inside Mizell’s Hollis recording studio once the case finally begins before an anonymous jury seated amid concerns of witness intimidation.
Thompson recalled how Mizell stood as godfather to defendant Jordan at his baptism.
“His grandmother and Jay’s mother were friends,” he said. “They went to the same church. … Jason took care of these people. To bite the hand that feeds you, it’s the worst thing you can do.”
Jason “Jam Master Jay” Mizell holds a toy figure of himself at a ceremony honoring his hip-hop group RUN-DMC’s induction into the Hollywood RockWalk Feb. 25, 2002 at the Guitar Center in Hollywood. (Vince Bucci/Getty Images)
Washington, for example, was reportedly crashing on a couch in Jay’s home in the days before Mizell’s slaying.
Brooklyn Federal Court Judge LaShann DeArcy Hall had previously granted the motion by attorneys for Bryant seeking a trial apart from the prosecution of his co-defendants, but federal prosecutors filed new legal papers asking for a single trial heard by two juries — one considering his case and a second to determine the fate of Jordan and Washington.
Prosecutors said Bryant’s DNA was found on an article of clothing left behind in Mizell’s recording studio after the killing.
Under the proposed scenario, both juries would sit simultaneously during the prosecution case, while the twin panels would separately hear the defense cases presented by attorneys for Washington and Jordan and the lawyer representing Bryant. Washington’s attorney Susan Kellman quickly responded in opposition to the scenario, noting the court had already granted Bryant a separate trial.
“In its motion, the government articulates the genius of their two-jury plan,” she wrote. “… Indeed, it argues that judicial economy dictates that a two-jury trial be held. Shame on them. Mr. Washington hopes that your honor will opt to protect the constitutional safeguards enshrined in the U.S. Constitution, rather than the cost-saving measures proposed by government counsel.”
Hip-hop historian Bill Adler, a longtime friend of Mizell, welcomed the news of the long-delayed trial — or perhaps, trials.
“I’ve been feeling more hopeful the last couple of years,” said Adler. “Finally, his murder will be solved. But it seems like Jason wanted to have it both ways: the glamour and money of worldwide fame and the edgy transgressiveness of street life.
“It was always a dangerous balance, but he didn’t deserve to be killed over it.”
On Oct. 18, 2019, Melissa Turner frantically called 911 saying she found her fiancé, Matthew Trussler, laying in a pool of blood on the patio of their suburban Tampa, Florida, home. “We had a lot of drinks last night and we went to bed drunk,” Turner told the 911 operator. “… woke up this morning and he was bloody and outside this morning.”
Meeting on an app
Melissa Turner
Turner told “48 Hours,” they had met on Tinder in April 2017. From that moment their relationship blossomed into an engagement. But, in October 2019, authorities escorted Melissa to the sheriff’s office for additional questioning.
Melissa’s police interrogation
Defense Attorney John Trevena
A couple of hours after that frantic 911 call, investigators interviewed Turner about their drunken night. Melissa says she and Trussler had been drinking and she eventually fell asleep. She says she woke up and found Matthew dead. However, she didn’t know that investigators had been tipped off about a surveillance camera that captured more than what she revealed.
An important clue
CBS News
While Turner was at the sheriff’s office, Det. Ryan LaGasse canvassed the neighborhood for clues. He says he noticed a neighbor’s surveillance camera that was pointing directly at the couple’s home and decided to see if it had critical information. When the owner shared the footage, he heard sounds of a yelling from two voices. One of the voices, which sounded female, said “so f***ing die!” Detective LaGasse immediately shared this with other investigators.
The couple’s injuries
Hillsborough County Medical Examiner
When Trussler’s body was examined, the medical examiner said he had a defensive wound on his right forearm, a large laceration to his chest, a small cut to the right shoulder, and a large wound on his back that is consistent with a stab wound. The medical examiner noted the cause of death as “incised wound to arm with perforation of cephalic vein.” Turner had a cut on her hand.
Seeking the truth
CBS News
Back at the sheriff’s office, investigators asked Turner about the video displaying sounds of an argument from her house. At first she said, “I have no memory of any argument…” However, a few hours into the investigation Melissa’s story changed completely. She could now remember what unfolded between them.
Melissa’s perspective
Defense Attorney John Trevena
Turner told investigators Trussler woke her up and he was still intoxicated. She was angry from being woken up and they began to argue. Melissa says Matthew was holding a knife and she tried to grab it and things escalated. “If it was an accident, then I would have called 911, and not just let him die,” Turner told investigators.
Arrest for murder
Defense Attorney John Trevena
Within the same day of that frantic 911 call Turner placed, authorities arrested her for second degree murder with weapon. She was taken to the local jail.
Matthew’s family
Sean Trussler/Jennifer Jiles
When Matthew Trussler’s family heard the news, they were in shock. Matthew’s older brother Sean and his fiancé, who also lived near Matthew and Melissa, immediately had their suspicions. “She took Mattie long before she took him forever,” Sean Trussler told “48 Hours.”
Pictured from left: Matthew’s mother Margaret, brother Sean, Sean’s fiancé Jennifer and Matthew Trussler.
Melissa’s past
Cameron Walega
Cameron Walega, a man who says he dated Turner, recalled her interest in fitness since she lost 100 pounds. He also remembers when she created a second blog with sexually explicit content.
Cosplaying performance
Melissa Turner’s Tumblr website
Turner’s second blog featured her cosplaying as various characters, such as Daphne from “Scooby Doo” and Misty from “Pokemon,” while engaging in sexual acts according to her ex-boyfriend Cameron Walega. He says he noticed a change in her personality shortly after starting that blog. “And the more and more success that she found, the more and more unstable she became,” he told “48 Hours”. Eventually the couple parted ways.
The trial begins
CBS News
On Feb. 14, 2022, two years after Matthew Trussler’s death, Melissa Turner went on trial for murder. Turner’s attorney, John Trevena, said this is a case of self-defense. “She did have a history of abuse and that there was abuse in this relationship, and that she acted in self-defense.”
However, prosecutors didn’t believe that narrative. “I think she was intoxicated and I do think she went far beyond anything she thought she would do,” Assistant District Attorney Chinwe Fossett told “48 Hours.” “Maybe she was just so frustrated with his drinking … that she harms him so badly that he ends up dying.”
Melissa takes the stand
CBS News
Turner decided to testify at the trial. She described Trussler’s issues with alcohol. That night his alcohol level was nearly five times the legal limit in Florida. She also described his strange behavior in the past. “He would stare off at some corner … and he would tell me that ‘there’s a demon standing right there.’”
Despite not remembering how Trussler ended up with wounds in various parts of his body, Turner said she could only remember stabbing him once in the back. “I stabbed him once to get him off of me from strangling me.”
An expert’s testimony
CBS News
A key piece of evidence was the neighbor’s surveillance footage that capture sounds of an argument from Melissa and Matthew’s home. Audio expert Bruce Koenig testified that sections of the audio had been volume enhanced. Defense attorney John Trevena believed the audio had been tampered with. “I find it highly suspicious that…Ms. Turner’s voice is screeching loud. But when it came to, you know, Matthew Trussler … you could barely hear mumbling.”
The verdict
CBS News
On Feb. 18, 2022, jurors deliberated for seven hours before reaching a decision. Melissa Turner was found guilty of murder in the second degree.
Donald Goodwin, who was one of the jurors, said he thought Melissa had snapped. “… she knew he was gonna die, she knew it, and yet, she called nobody,” he told “48 Hours.”
Melissa’s sentencing
CBS News
A month after the verdict, on March 18, 2022, Turner returned to court to receive her sentencing.
“Based on the jury’s verdict, you are adjudicated guilty, sentenced to 20.5 years in the Florida State Prison,” Judge Samantha Ward told Melissa in court.
Family reaction
CBS News
Trussler’s sister-in-law, Jennifer Giles, believes justice was served. “I will say that is justice to a degree,” she told “48 Hours.”
Sean Trussler says he misses his brother. “He was a good kid. He was just starting to be a man.”
Juror Donald Goodwin says both lives were ruined that night. “Matthew Trussler didn’t have to die,” he told “48 Hours.” “They could’ve walked away from each other and started a different life.”
The 1990 murder of Marlene Warren, shot by someone dressed as a clown, haunted not just the public, but the Palm Beach County State Attorney ‘s Office. Despite identifying two suspects, the case, went unsolved for decades.
Dave Aronberg is the current state attorney.
Dave Aronberg: It’s easy to see why this case has so much interest … who isn’t afraid of a killer clown?
Dave Aronberg: This was an assassination. This was not a random act of violence. This was not a robbery.
Joe Ahrens: The unknowingness of this heinous crime. The fear … it was hell.
Marlene Warren
Family photo
Joe Ahrens was 21 and living at home with his stepfather Mike and his mother Marlene when she was murdered.
Joe Ahrens: She was a good mother. … Everything she did, she took pride in.
A DEADLY DELIVERY
The morning of May 26, 1990 had started as a cheerful one. Ahrens, recuperating from a broken leg, was having breakfast at home with his mom and three friends when they saw a clown approaching carrying balloons and flowers.
Joe Ahrens: And we kind of … figured … I had a cast on, somebody was sending, to heal and — for gesture …
Peter Van Sant: This is like, “Oh, what a delightful gift,” to cheer you up with your broken leg, right?
Joe Ahrens: Right.
Joe Ahrens: My mother opened the door … And then we heard “bang” and she fell. At that point, we knew something was wrong. … My mother was struggling to breathe … And then I jumped to the phone, you know, called 911 right away.
As the clown slowly and silently walked to a car, Ahrens and some of his friends tried to get a closer look at anything that might help describe the disguised attacker.
Joe Ahrens: The only thing it didn’t have any color on it was the shoes that were solid black and the white gloves.
Peter Van Sant: And did you notice anything about the clown’s eyes?
Joe Ahrens: I did. That’s the most thing I — I saw was the big brown eyes.
Peter Van Sant: And the clown gets in the car. What kind of car was it?
Joe Ahrens: It was a white LeBaron.
Peter Van Sant: And does the car peel off?
Joe Ahrens: No. It goes into gear and drives off like nothing happened.
While some of Ahren’s friends remained at his house waiting for EMS, he got into Marlene’s car and tried to chase down the clown. But he couldn’t catch up.
Meanwhile, with the clown’s balloons and flowers left behind, Marlene was rushed to the hospital, barely alive, where she was put on life support.
Joe Ahrens: I kept telling her I love her, and I don’t want her to go, and please don’t leave me.
Two days later, with no hope of a recovery, life support was removed, and Marlene died.
Joe Ahrens: I knew my life was going to change and I knew it was going to become hell, because she wasn’t here to help me.
The flowers and balloons left by the clown were recovered from the scene, and investigators tried to track down where they were purchased.
Palm Beach County Sheriff’s Office
A top clue the Palm Beach County Sheriff’s Office had was Joe’s description of the clown: about 6-foot-one, tall, skinny, with orange hair, a red nose and a big orange smile and male. And those balloons left behind? They now seemed cruelly mocking: “You’re the greatest” one said. The other had a picture of “Snow White and the Seven Dwarfs.”
Authorities had also spoken with Joe’s stepfather Mike Warren, who they learned had an alibi: he was in a car with friends heading to a racetrack when the shooting took place.
Peter Van Sant: Growing up with Mike Warren, what was that like? Was he a good dad?
Joe Ahrens: I thought so. … That’s the only father I knew. I mean I was really young when my real father and mother separated.
Marlene and Mike Warren were married when Ahrens was 3 years old. They had built a comfortable life in Wellington, Florida, an affluent suburb. Marlene owned several businesses, including apartment complexes, and the couple ran Bargain Motors, specializing in used cars and rentals.
While business was good, the marriage, says Ahrens, was troubled. He says his mother became convinced Mike was having an affair, making her fearful.
Joe Ahrens: She said, “if anything does happen to me, your father did it.”
Peter Van Sant: She said that to you?
Joe Ahrens: I told her no way — he would never do anything like that. She said don’t put it past him.
Marlene shared that same fear with her mother, Shirley Twing.
Shirley Twing: She says, “If anything happens to me, Mike did it.”
We interviewed Twing in 2017, when “48 Hours” started investigating Marlene’s murder.
Peter Van Sant: That’s an ominous thing to say. … Did you sense fear in her voice?
Shirley Twing: Sure. Yes, I did.
So, when Twing learned her daughter had been murdered, her mind went to Mike Warren.
Shirley Twing: Right away. I figured Mike had something to with it, that’s for damn sure.
Mike and Marlene Warren.
Family photo
But Mike Warren had that alibi, so authorities were looking for someone else. And when they visited Bargain Motors, Mike’s place of business, one name kept popping up: that woman with whom Mike was supposedly having an affair.
Aleathea McRoberts: Everybody at the Bargain Motors were reporting that you should look first at Sheila Keen.
Aleathea McRoberts, an assistant state attorney in Palm Beach County, has worked on the case from the beginning.
Aleathea McRoberts: And within the next day or so, tips were being called in that you really should investigate Sheila Keen and Michael Warren.
Della Ward (2018): They were definitely seeing one another.
Della Ward worked at Bargain Motors with Mike Warren.
Della Ward (2018): He had a lot of compassion, lot of empathy. And people just were drawn to him … especially women.
One of those women, Ward believed, was Sheila Keen.
Della Ward (2018): I found her very nice, very bubbly. … you knew the way she looked at Michael — you just … she loved him, you could see it.
Keen, who also had a reputation for toughness, was a repo woman—repossessing cars at Bargain Motors.
Della Ward (2018): To do repos, you have to have some kind of guts. … She told me, “I keep a gun for my protection because people are crazy, what they do.”
Keen told investigators she was out working at the time of Marlene’s murder.
Aleathea McRoberts: She claimed that she was looking for repossession vehicles, but she was unable to provide any address that she went to … so that they could follow up and confirm it.
As for the affair, both Keen and Mike Warren told investigators they were just friends. But that’s not what authorities learned when they talked to Keen’s neighbors.
Aleathea McRoberts: The neighbors at that apartment complex believed that Michael Warren and Sheila Keen were husband and wife.
Peter Van Sant: Is there any doubt in your mind that there was a — romantic relationship?
Aleathea McRoberts: There’s no doubt and … they didn’t hide it.
An affair, though, isn’t necessarily a motive for murder.
Peter Van Sant: Did anyone profit financially from Marlene’s death?
Aleathea McRoberts: Yes. So, Michael Warren … profited … largely, the properties and assets that they owned together were in her name. So, by her predeceasing him, he was able to obtain 100 percent of the assets.
Investigators were also trying to locate local stores that had recently sold clown outfits. Deborah Offord had been working at a costume shop when, two nights before Marlene’s murder, a customer knocked at the door at closing time.
Deborah Offord (2018): She wanted to see the clown costumes. I said, “Can you come back tomorrow?” And she said, “No, I need something right now.”
Offord told investigators the customer paid cash, buying a clown suit, an orange wig, makeup and a red clown nose.
Deborah Offord (2018): She was, I would say, about 5’10, um, long, thick, straight, like, chocolate-colored hair. Big brown eyes.
The photo of Sheila Keen used for the police lineup.
15th Judicial Circuit Court
Detectives later presented Offord with a photo lineup that included a picture of Sheila Keen. Offord identified Keen, and one other woman, as possibly being the person who bought the clown costume.
The sheriff’s office also believed they located where the shooter bought those flowers and balloons — a Publix supermarket.
NEWS REPORT: The buyer described as a white female with dark brown hair.
The description of the customer given by the worker at the supermarket, “brown hair,” and at the costume store, “brown hair, brown eyes.” was consistent with Sheila Keen. And there was Sheila’s reported affair with Mike Warren. It was intriguing, circumstantial evidence—but would it be enough to make an arrest?
SEARCHING FOR A KILLER WHO WAS DRESSED AS A CLOWN
Joseph Ahrens: Before they turned the machine off on my mother … I told her that I loved her very much and that we were going to get justice.
As Ahrens mourned the loss of his mother Marlene, investigators continued looking for additional evidence tying Sheila Keen to Marlene Warren’s murder.
Dave Aronberg: You talk about this case to anyone, and the first place people go is, yeah, it’s the mistress … So, investigators focused on Sheila Keen.
Four days after Marlene Warren was shot, police found this white Chrysler LeBaron in a parking lot eight miles from the crime scene. Marlene’s son Joe Ahrens remembered seeing the clown drive away in a car fitting this description. Inside the car police found orange fibers that resembled hair from a clown wig and several strands of brown human hair.
Palm Beach County Sheriff’s Dept.
And soon a big break when detectives located an abandoned white Chrysler LeBaron—matching the description witnesses gave of the getaway car.
Peter Van Sant: What was found inside that Chrysler LeBaron?
Aleathea McRoberts: There was synthetic fibers … similar type fibers to … a clown wig.
They were orange, the same color as the wig Ahrens says the assailant was wearing. Also inside the car, they found a human hair. It was brown like Sheila Keen’s.
LOCAL NEWS REPORT: Sheriff’s detectives executed a search warrant at the home of Sheila Keen.
Inside Keen’s closet, detectives say they recovered orange fibers that a forensic examination later concluded were similar to the ones found in the Chrysler LeBaron. And another breakthrough was made when Keen’s hair from her apartment was compared to the one recovered from the getaway car.
Aleathea McRoberts:That was scientifically microscopically examined and found to be consistent.
Consistent with Keen’s hair, but DNA technology was still in its infancy in 1990, and scientists were unable to make a definitive connection.
There were other challenges for investigators. The gun used to kill Marlene and the actual costume the killer clown wore were never found. And remember, Ahrens thought the attacker was a 6-foot-tall man. Keen didn’t fit either of those descriptions.
Aleathea McRoberts: We’re talking about an event that took seconds and their glances of this clown was a second or two.
Also, McRoberts says any eyewitness would have a hard time describing someone in a baggy clown costume, makeup and a wig.
Aleathea McRoberts: It’s basically, a clown is a clown.
And there was Keen’s alleged affair with Mike Warren, those fiber and hair results, and those salesclerks at the costume and grocery stores whose description of the customer purchasing the clown outfit, balloons and flowers was consistent with Keen.
Peter Van Sant: This sounds like it’s — the evidence is really building up … it’s like you’ve got enough there to make an arrest. What happens?
Aleathea McRoberts: Well, there was certainly argument about that … and opinions that differed at the time. … and then there’s … an indecision about, do I do it now or should we keep trying and get a little bit more?
As investigators looked for more evidence, they discovered that Mike Warren’s business, Bargain Motors, was connected to the suspected getaway car. They learned an employee stole the car from a competitor several weeks before the murder.
Dave Aronberg: And that’s how they got the Chrysler LeBaron.
NEWS REPORT: Sheriff’s detectives spent about five hours Thursday night searching the offices of Bargain Motors …
And as they had investigated Mike Warren’s business, they discovered widespread fraud—charging him with racketeering, insurance fraud and odometer tampering. He ultimately was convicted on 43 counts of fraud and sent to prison.
Dave Aronberg: This was for fraud. … And so, you know, you just can’t extrapolate one to the next. I mean, there’s no evidence that he’s a murderer. … We do have our suspicions, though.
He was not charged with any crime in connection with Marlene’s murder. And Mike Warren felt he was a victim in this case — sentiments he shared in a radio interview before he went to prison.
MIKE WARREN (radio interview): They wanted to put me out of business.
Mike Warren speculated that Marlene might actually havebeen the victim of an angry tenant or car buyer.
MIKE WARREN (radio interview): I really can’t think of a reason why, uh, other than the fact of the type of businesses that we’re in, as far as being landlords and … crossing a few people by repossessing their car.
But law enforcement did not think Marlene Warren’s murder was the work of a disgruntled tenant or customer, and as the years passed the case grew cold. And as for Keen, she seemed to disappear.
Della Ward: Nobody ever brought her name up again.
Joe Ahrens: You know, for many years … I was suffering in, in despair.
Joe Ahrens was 3 years when his mother married Mike Warren. “That was the only father I knew,” said Ahrens.
Family photo
After Mike Warren went to prison, Ahrens says he and his stepfather became estranged. And as he continued to grieve the loss of his mother, he was consumed by her case going unsolved.
Peter Van Sant: Give me a sense of what problems you fell into after your mother’s murder.
Joe Ahrens: Oh, wow. Where do we start? … Alcoholism, drugs, I mean you name it.
It was especially painful, says Ahrens, on each passing anniversary of the shooting.
Joe Ahrens: I would blow up that day and go get drunk, you know, and just … I’d go to her gravesite … It was sad.
Peter Van Sant: Would you go out to her grave to talk to her?
Joe Ahrens: I did a lot to try to find answers, you know, but I was so confused. I was getting nothing. I was just lost.
Joe eventually emerged from the fog of drugs and despair. With that behind him, he became increasingly certain of who murdered his mother.
Joe Ahrens: I concluded that … Sheila Keen was the one that did it.
Dave Aronberg: She probably never thought, in a million years, she’d be held accountable for her crimes. She thought she got away with it.
COLD CASE UNIT MAKES BREAKTHROUGH
Shirley Twing and her daughter, Marlene, shared a fascination with clowns. In Twing’s home, she even kept a room full of clown art and figurines.
“These are paintings that Marlene had painted when she was about 14 years old,” says Shirley Twing. ” I walk by, I look at them everyday … I kind of grin ’cause I can almost see her doing this. …it gives me a good feeling.”
CBS News
The sad, sometimes unsettling images brought comfort to Twing, despite the fact that a clown had so brutally ended her daughter’s life.
Shirley Twing: I don’t hate clowns. I just hate one.
Although the Palm Beach County Sheriff’s Office hadn’t given up on solving Marlene’s murder, 27 long years had passed without an arrest. Then, by 2017, a cold case unit made a breakthrough. State Attorney Dave Aronberg finally had new, important evidence.
Dave Aronberg: The hairs that were found in the LeBaron were able to be traced to Sheila Keen … through DNA technology.
With that new DNA match, detectives believed they could now definitively connect Keen to the alleged getaway car— and to Marlene Warren’s murder. And when sheriffs found suspect Keen, they were blown away to learn whom she had married.
Dave Aronberg: After Michael Warren got out of prison, he reconnected with … Sheila Keen. … here’s someone whose wife had been murdered and he just married the chief suspect.
Peter Van Sant: What did that tell you?
Dave Aronberg:: When you combine the fact that the two of them were in an affair … at the time of the murder … and then later, they got married … it did seem like mission accomplished.
Mike and Sheila Keen-Warren
Facebook
That marriage was in 2002. The Warrens, now middle-aged, settled into a new life in Tennessee, running a burger joint called Purple Cow. Keen took Mike Warren’s last name. But in an interesting twist, Assistant State Attorney Aleathea McRoberts says she changed her first name.
Aleathea McRoberts: Sheila Keen-Warren introduced herself to … their friends in that life that her name was Debbie. … She had died her hair blonde, changed her name, and was living a full life.
Brook Blevins: We would have … dinners. They were wonderful cooks.
The Warrens befriended Brook Blevins, a neighbor at a weekend property the couple purchased in the Virginia mountains. When “48 Hours” spoke to Blevins in 2018, she said she also knew Mike’s wife as “Debbie” and was told it was a childhood nickname.
Brook Blevins: Her dad nicknamed her that when she was small.
Ashley Sexton (2018): I never called her Sheila (laughs). I always called her Debbie.
Former Purple Cow employees, Ashley Sexton and Cynthia Swafford say they knew Debbie as a tough boss.
Cynthia Swafford (2018): I mean, she was awful aggressive, mean.
And they even heard an alarming rumor about her past.
Ashley Sexton (2018): The rumor around Purple Cow when we worked there was Debbie killed Mike’s ex-wife. … I thought they was blowin’ off steam, and I was like, OK, whatever.
Cynthia Swafford (2018): Mm-hmm (affirms).
Ashley Sexton (2018): But the rumors said it more than once … even to where we knew she dressed up like a clown.
Sheila Keen-Warren had dressed as a clown at The Purple Cow restaurant one year during Halloween according to an employee, who provided detectives with this picture of Keen-warren appearing in clown makeup.
15th Judicial Court
According to an employee, Sheila had appeared in clown makeup at the restaurant one year during Halloween.
By the fall of 2017, the Warrens had sold the business and retired full time to the house in Virginia. Meanwhile State Attorney Aronberg felt the case against Sheila had only gotten stronger.
Dave Aronberg: When you combine the fact that they got married and seemingly lived happily ever after with the new DNA breakthrough, we’re able to get enough evidence to make an arrest.
On Sept. 26, 2017, 27 years after Marlene Warren’s murder, Sheila Keen-Warren was arrested and charged with first-degree murder.
Washington County Sheriff’s Dept.
On Sept. 26, 2017 — 27 years after Marlene Warren’s murder, authorities arrested Sheila Keen-Warren driving on a road near their home. She was charged with first-degree murder.
Greg Rosenfeld: Sheila did not murder Marlene Warren.
Greg Rosenfeld, Sheila Keen-Warren’s defense attorney, says Sheila was not the shooter.
Greg Rosenfeld: Everything was so methodical … this person walking up to the house … committing this shooting and then slowly walking away … We’re dealing with someone who … had experience in committing a hit or a murder.
Peter Van Sant: That’s not Sheila?
Greg Rosenfeld: That is not, Sheila.
Shortly after Sheila’s arrest, Dave Aronberg addressed reporters.
DAVE ARONBERG: Today we filed a notice of intent to seek the death penalty in this case.
REPORTER: Can you say whether Michael Warren is a suspect?
DAVE ARONBERG: I can’t say that.
Aleathea McRoberts says there was something Keen-Warren asked as she was being taken into custody that caught prosecutors’ attention.
Aleathea McRoberts: One of the first things she said is, well, “are you gonna arrest him too?” Pointing to her husband.
Peter Van Sant: Which suggests what to you?
Aleathea McRoberts: That she knew exactly what she was being arrested for and they had done it together.
Ahrens had come to the same conclusion: that his stepfather and Keen-Warren were both involved in his mother’s murder.
Peter Van Sant: Would you like to see Mike Warren charged in the murder of your mother?
Joe Ahrens: Yes, I would.
With Keen-Warren in custody, “48 Hours” wanted to speak with Mike Warren.
Peter Van Sant: We’re going to go to his front door, give it a knock, and see if he’ll answer a couple of questions.
QUESTIONING THE EVIDENCE
After the arrest of Sheila Keen-Warren in 2017, “48 Hours” wanted to talk to Mike Warren about what he knew about his wife’s murder.
Peter Van Sant: [knocking on front door]: Hey, Mike. I’m Peter Van Sant with CBS News.
He wouldn’t open the door, but we spoke through it for several minutes.
Peter Van Sant talks with Mike Warren through Warren’s front door.
CBS News
Peter Van Sant: Did you have anything to do with planning the murder of your wife, Marlene?
Mike Warren: Most definitely not.
Peter Van Sant: You did not?
Mike Warren: That’s correct.
He was adamant that neither he nor Keen-Warren had anything to do with Marlene’s murder.
Peter Van Sant: Did you suggest to Sheila that she dress in a clown outfit?
Mike Warren: You’re saying, “Sheila, Sheila.” Who says she even did that? …I don’t think she had anything to do with this. If I thought she had something to do with this, I wouldn’t have been with her.
Peter Van Sant: Do you believe, based on the evidence over the years, that Mike Warren knew what was going to happen that day?
Aleathea McRoberts: I don’t believe there’s any direct evidence of that.
Dave Aronberg: There just wasn’t enough evidence to prosecute Michael Warren. … but if evidence emerges, we’ll pursue it.
As they prepared for trial, despite never recovering the clown disguise or the gun, prosecutors were confident they could prove that Keen-Warren committed the murder so that she could marry Mike Warren.
Dave Aronberg: Sheila Keen-Warren had the means, the motive and the opportunity to do this.
Greg Rosenfeld: We will never know who killed Marlene Warren because the Palm Beach County Sheriff’s Office and the State Attorney’s Office did such a poor job investigating this case. I can tell you without question that it was not Sheila Keen.
Keen-Warren’s defense attorney, Greg Rosenfeld says she’s innocent—a victim of the state attorney’s reckless desire to close a notorious cold case.
Greg Rosenfeld: And they said you know what? This is our suspect. We’re going to stick with it. … even though the pieces of the puzzle didn’t fit the puzzle.
Rosenfeld says there were other potential suspects authorities ignored—including an inmate who supposedly bragged in prison about murdering Marlene. But prosecutors say he was investigated and cleared.
Dave Aronberg: It’s not surprising that … they would try to point the finger at law enforcement for not looking at every potential suspect. … But if you look at the evidence, it pointed to one person all along, Sheila Keen-Warren.
The state was confident Keen-Warren was responsible for Marlene’s murder—but Rosenfeld plans to poke holes in its case at trial.
Peter Van Sant: How do you overcome DNA evidence?
Greg Rosenfeld: The State Attorney’s Office should be embarrassed about the DNA evidence in this case.
Rosenfeld agrees the hair prosecutors say was found in the LeBaron getaway car could be from Keen-Warren, but he says, it could also be from about four percent of the U.S. Caucasian population.
Greg Rosenfeld: They couldn’t exclude Marlene Warren from that hair sample. … So that was their groundbreaking DNA evidence.
And even if you concede that the hair is from Keen-Warren, says Rosenfeld, there’s an innocent explanation as to how it got there: the LeBaron was on the lot at Bargain Motors where she worked.
Greg Rosenfeld: Sheila may have been in the car used in this murder. That’s it.
Peter Van Sant: The defense attorney says, well, of course her hair might be in there … It doesn’t suggest that she was driving at the time of the murder. What do you say to that?
Aleathea McRoberts: It’s just one more link. … Once you put that one thing with the totality of all the circumstances, then it starts to become overwhelming.
Rosenfeld says the orange fibers found in the car, which prosecutors say could be from the clown costume, should also be excluded.
Greg Rosenfeld: So, the fibers found in the car were synthetic fibers. … That same type of fiber can be used in thousands of different products. … So, the state likes to present it as … clown wig fibers, but that’s factually incorrect.
Sheila Keen-Warren’s defense attorney Greg Rosenfeld says tears in evidence storage bags could have led to contamination, making the evidence unreliable. When asked about the way evidence was stored, Palm Beach County State Attorney Dave Aronberg said, “Some of the evidence was kept in an evidence storage area that wasn’t ideal … Any mistake, any small opening will be exploited by defense lawyers.”
Palm Beach County Sheriff’s Office
Even more troubling than the evidence gathered, says Rosenfeld, is how it was handled over the decades.
Peter Van Sant: What are we looking at here?
Greg Rosenfeld: These are … evidence bags at the Palm Beach County Sheriff’s Office Evidence Unit torn open. Just gaping holes in these evidence bags.
Peter Van Sant: If there’s gaping holes, what can that do to the evidence inside?
Greg Rosenfeld: That’s precisely how you have cross-contamination.
The bag contains a clown wig that investigators purchased, similar to the one they believed was worn by the assailant. They used it to compare to the fibers found in the LeBaron and in Keen-Warren’s home.
Greg Rosenfeld: This is an open evidence bag with the wig sticking out. … this is horrifying.
Peter Van Sant: And, so, your bottom line is, is that this evidence is unreliable now?
Greg Rosenfeld: Without question.
Peter Van Sant: Can it not be argued that … some of the evidence in this case was indeed bungled?
Dave Aronberg: You know, it’s — you’re asking a lot of law enforcement to be perfect from 1990 to today. … some of the evidence was kept in an evidence storage area that wasn’t ideal. … Any mistake, any small opening will be exploited by defense lawyers.
Prosecutors were still certain they had the right person for Marlene’s murder. But in February 2020, after a reevaluation of Keen-Warren’s case, they announced they would no longer seek the death penalty.
Peter Van Sant: Were you told by the prosecutor’s office that there was always a chance in a jury trial that she might even be acquitted?
Joe Ahrens: Yes.
FROM DEATH PENALTY TO LIFE IN PRISON TO A PLEA DEAL
It is said the wheels of justice turn slowly, and when it came to the murder of Marlene Warren,
that grind often seemed to come to a halt. After the 27-year wait for an arrest, Sheila Keen-Warren’s trial kept getting delayed. By 2022, she had spent five years in jail; her trial was postponed six times.
Aleathea McRoberts: And then we had COVID … So, it just was one thing after another. … decades of accumulation, of files and photographs and … mountains of evidence and documents.
Sheila Keen-Warren
Florida Department of Corrections
Defense attorney Greg Rosenfeld was also trying to work his way through all that evidence. And he says, adding to the delays, was a lack of cooperation from the state.
Rosenfeld says one crucial piece of evidence for the defense that disappeared for years was what investigators called the “clown sighting file.”
Greg Rosenfeld: These were all the tips … about people who alleged to have seen clowns in the area.
Peter Van Sant: That opens up, for you, new avenues as to possible suspects, right?
Greg Rosenfeld: Absolutely. Absolutely. … I think the sheriff’s office and the State Attorney’s Office just decided they didn’t want to look for this evidence
But then suddenly, in October 2022, as another trial date neared, the file was found.
Aleathea McRoberts: It was located, not with the Sheila Keen clown murder … boxes, it was actually a file out of place.
Greg Rosenfeld: They find this clown sighting file and it’s 35 tips. We begin to investigate them. … now we’re 32 years after the murder. … you know, we couldn’t track down these witnesses.
Aleathea McRoberts: I’ve seen it and … it’s silly things … Clearly clown sightings that had nothing to do with Marlene Warren.
Peter Van Sant: And it wasn’t being intentionally hidden from the defense, you’re saying.
Aleathea McRoberts: Absolutely not. We were meticulous about making sure they had everything.
Though, as the trial neared, the decades of delays were causing problems for the prosecution as well.
Dave Aronberg: Every day that went by, it was a tougher case. … witnesses die, memories fade, evidence spoils … One of our key witnesses passed away. … He was the one who compiled the evidence. And without him, we lost a chain of custody for some crucial evidence relating to the fibers.
Evidence the defense already claimed had been poorly stored and mishandled.
Greg Rosenfeld: Contaminated, inadmissible, unreliable. … it just goes to show you how poor of an investigation that was done.
Dave Aronberg: They were going to be able to argue that because of the opening of the bags, that the evidence was spoiled, and because of the break in the chain of custody, because of the death of our witnesses, that … it shouldn’t even be admitted. … So, you had some real potential for reasonable doubt.
Greg Rosenfeld: There was beyond a reasonable doubt.
On April 25, 2023, two weeks before Keen-Warren’s trial for the murder of Marlene Warren was to begin, there was yet another surprise in a case that had been filled with the unexpected: a plea deal was reached.
After spending five years in jail awaiting trial, Sheila Keen-Warren accepted a deal. She pleaded guilty to second-degree murder and was sentenced to 12 years in prison for the murder of Marlene Warren.
.15th Judicial Circuit Court
PROSECUTOR REID SCOTT (plea hearing): Ms. Keen-Warren, the defendant herein, will agree to withdraw her previously entered plea of not guilty enter a plea of guilty.
Keen-Warren — whose case at one time included the death penalty, then life in prison — would now plead guilty to second-degree murder and be sentenced to 12 years in prison. Under sentencing guidelines for time served, she is expected to be released in 2025 — perhaps sooner.
Dave Aronberg: We had to make a judgment based on what we had.
Peter Van Sant: Because the fear is what, if you take this to trial?
Dave Aronberg: The worst thing that could happen would be that Sheila Keen-Warren would be found not guilty, not because she was innocent, but because after 33 years, we could not prove beyond a reasonable doubt that she was the one who did it.
But Keen-Warren did have to publicly pay a price for this plea deal — admitting in open court that she, in fact, did murder Marlene Warren.
PROSECUTOR REID SCOTT (plea hearing): If this case were to proceed to jury trial, the state would present evidence … that on or about May the 26th of 1990, the defendant was responsible for the death of Marlene Warren.
JUDGE: Ms. Keen-Warren, Did you hear all that?
SHEILA KEEN-WARREN: Yes.
JUDGE: And do you agree with that factual basis?”
SHEILA KEEN-WARREN: Yes.
Despite admitting her crime, Keen-Warren, through her attorney, still maintains she is innocent.
Greg Rosenfeld: Sheila did not commit this murder. … It was very difficult for her to, uh, admit to committing a crime that she did not commit.
Peter Van Sant: But as a matter of law, she has admitted to committing the murder by saying yes.
Greg Rosenfeld: Correct. For the purpose of —
Peter Van Sant: So, she is a convicted murderer?
Greg Rosenfeld: In so far as the law goes, sure. … But when … you’re told you could be home … or, you know, you can play Russian roulette and risk spending the rest of your life in prison. It’s kind of a no- brainer.
Dave Aronberg: The defense cannot have it both ways. … So, she will be a murderer for every day for the rest of her life. Even when she gets out of prison one day, she’ll still be a convicted murderer.
When she does get out of prison, she will reunite with her husband Michael Warren.
Greg Rosenfeld: Sheila is going home to … Tennessee. … She’s going back to her life.
Michael Warren, in a statement provided to “48 Hours” regarding the plea, said, “My wife did not commit this crime… It was difficult to see her plea to a crime she did not commit, but it wasn’t worth the gamble when she was offered a deal that’ll have her home in 16 to 18 months …”
Peter Van Sant: With this deal, there is a chance that Sheila might get out of prison within the next year or two. Are you all right with that?
Joe Ahrens: Well, I’m not all right with it, but I have to be.
Still, Joe Aherns approved the plea deal, feeling it wasn’t worth the gamble of going to trial.
Joe Ahrens: That was very emotional because that was the end of something so huge that grew for 33 years of my life.
Peter Van Sant: Finally. It’s over.
Joe Ahrens: Finally, you know. It was phew.
“My mother, Marlene Warren, was a beautiful person. She was loving, caring, kind,” said Joe Ahrens.
Family photo
The demons that once occupied Ahrens’ mind are gone, replaced with loving memories of how his mother Marlene lived, rather than how that life was so violently taken.
Peter Van Sant: What would you say to your mother, if you could speak to her today?
Joe Ahrens: Wow, what could I say to my mother? … “Thank you for showing me how to love and be peaceful and … Thank you for being in my life.”
Marlene Warren’s mother Shirley Twing died in March 2023, before Sheila Keen-Warren pleaded guilty to Marlene’s murder.
Produced by Ruth Chenetz, Richard Fetzer and Sarah Prior. Ryan Smith is the development producer. Marlon Disla, Mike Baluzy, Marcus Balsam and Philip Tangel are the editors. Anthony Batson is the senior producer.Nancy Kramer is the executive story editor. Judy Tygard is the executive producer.
Nearly four decades after they were busted for the New Year’s Day murder of a French tourist in Times Square, two childhood friends who have long professed their innocence appear to be on the brink of finally clearing their names.
In an Oct. 6 letter a top prosecutor in the Manhattan District Attorney’s Office asked a judge for a “pre-motion conference to discuss an anticipated motion to vacate the convictions” of Eric Smokes and David Warren.
The letter from Terri Rosenblatt, head of the Post-Conviction Justice Unit (PCJU) said the DA’s office is “prepared to concede … that there is newly discovered evidence that creates a reasonable probability of a more favorable outcome …”
Eric Smokes (l.) and David Warren (r.) are pictured at the defense table in State Supreme Court on Jan. 14, 2020 in New York. (Alec Tabak for New York Daily News)
The Daily News first wrote about Smokes and Warren, childhood buddies from East New York, in 2017, when their lawyers were planning to file a motion to vacate their convictions.
They were busted Jan. 8, 1987, a week after 71-year-old French tourist Jean Casse was mugged and robbed outside Ben Benson’s steakhouse on W. 52nd St. a few minutes after midnight on the morning of Jan. 1.
Smokes, then 19, and Warren, then 16, said from the start that they went with friends to Times Square to celebrate the new year and that when Casse was attacked they were outside the Latin Quarter nightclub, four blocks away from the steakhouse. They then headed further south because they didn’t have enough money to get in.
Casse, visiting the city with his wife and others — was heading back to his room at the Plaza Hotel with his group when he was knocked to the ground with a punch and struck his head on the ground, causing injuries he would die from later that day. His wife, Huguette Casse, 65, was not hurt.
Based largely on eyewitness testimony, both teens were charged with murder and convicted. Smokes, accused of punching Casse, was sentenced to 25 years to life, and Warren, accused of rifling through the victim’s pockets, got 15 years to life.
“I just went into shock,” Warren recalled when The News first interviewed him. “I might have been in shock for two years, honestly.”
Eric Smokes, right, and David Warren listen to arguments in court Thursday, January 3, 2019 in Manhattan. (Barry Williams for New York Daily News)
In 2005, Smokes got a letter in prison from James Walker, the prosecution’s key witness.
Walker, 16 at the time, was busted for a mugging a day after Casse was killed and told a detective he had done robberies with Smokes and Warren, and that Smokes earlier on Jan. 2 said he’d “caught a body” in Times Square.
The letter, an apology in which he said he told the police what they wanted in exchange for preferential treatment in his own case, was all Smokes needed to hear.
“There was only one way to go,” Smokes told The News in 2017. “Getting out and just letting it go, sucking it up — ’25 years is just 25 years’ — that wasn’t an option for me.”
Eric Smokes testifies in court Thursday, Jan. 3, 2019 in Manhattan. (Barry Williams for New York Daily News)
Warren was released from prison in 2009, Smokes in 2011. They found steady work in construction, married the women they were dating and set out to clear their names.
Their lawyers found two other witnesses who recanted, saying they had been pressured by police and prosecutors to pin the murder on Smokes and Warren.
“They kept asking me who did it,” Robert Anthony testified in 2018. “I kept telling them I didn’t know. I didn’t do anything. And they said, yeah, well…If they didn’t do it, you did it.”
After repeatedly saying he saw Casse on the ground but not who attacked him, Anthony testified that after 12 hours of being grilled he finally told cops what they wanted to hear.
“I was scared,” he explained.
The other witness, Kevin Burns testified that as he was being questioned for an unrelated robbery on Jan. 2, 1987 he said he was outside the steakhouse the night before and saw Casse confronted by Smokes and Warren.
When he then tried to take back that statement, explaining he had lied, he said an assistant district attorney told him it was too late, vowed to out him as a snitch if he didn’t stick with his original story and promised he’d get no deal in his own pending case.
“I lived with this lie,” he said at the 2018 hearing. “Everybody has something in their life they’re ashamed of and wish they had a chance to rectify. This is my chance to rectify this lie that I told 30 years ago.”
David Warren in State Supreme Court on Jan. 14, 2020 in New York. (Alec Tabak for New York Daily News)
Antignani said Smokes and Warren had not “established their innocence through clear and convincing evidence” and he agreed with Assistant District Attorney Christine Keenan, who had argued that neither police nor prosecutors involved in the original investigation pressured witnesses.
Witnesses Anthony and Burns were “not credible,” the judge said in his ruling, and he gave only “limited credence” to Walker’s claims, which he repeated in an affidavit, but was not able to testify to because he died after getting shot in an unrelated incident.
But as the lawyers for Smokes and Warren, James Henning and Pierre Sussman, prepared to appeal, the DA’s office changed course. The PCJU, formed by District Attorney Alvin Bragg, decided to review the case, sharing information and witness access with defense lawyers.
PCJU’s Rosenblatt in her letter said “new evidence” had emerged — including photographs “which were misplaced and not found until after” the motion to vacate hearing. Smokes is listed as 5 feet 10 inches tall and 230 pounds — not 6 feet tall and skinny, as witnesses told police at the time.
There were also leads to other suspects that were not turned over, with Rosenblatt pointing out that there is “no evidence” the DA’s office was aware of this during the vacate hearing.
Rosenblatt also notes an account from someone who in statements revealed for the first time he said he was “99% confident” he was with Burns the entire night and that neither of them were outside the steakhouse; a contention from a witness who in 1987 placed Smokes and Warren at the crime but now said he made that claim because cops had threatened to charge him if he didn’t; and so-called “scratch notes” that were located in another file that suggest police fed Anthony facts, including Warren’s name and photo, before he identified him as being involved.
“The People do not take the decision to consent to vacate two homicide convictions lightly, and come to this Court with significant deference to both the jury verdict and the prior litigation,” Rosenblatt said in her letter. “The People are aware of the resources that went into both, and the thoroughness of the Court’s prior decision.
“However, based on the newly-discovered evidence, the People believe that the only legally correct and just outcome is to move to vacate these convictions.”
It wasn’t immediately clear if Henning and Sussman would contest whether the evidence found during the review constitutes a Brady violation, which is a failure to turn over to the defense exculpatory evidence and could constitute malfeasance.
The lawyers said they, Smokes, now 56, and Warren, 53, wouldn’t comment until a decision is made in the case.
The DA’s office had no comment on the letter.
A decision in the case is not expected for at least several weeks.
A man suspected in the shooting death of a Maryland Circuit Court judge outside his home last week was found dead in a wooded area in the Williamsport area on Thursday. The shooting occurred hours after the judge, Andrew Wilkinson, had presided over the suspect’s divorce proceedings.
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The suspect in the Maine mass shooting started making statements about hearing voices and wanting to hurt fellow soldiers while serving at a military base this summer, and spent a few weeks in a hospital, law enforcement officials told CNN.
But a relative of the suspect and two former colleagues in the Army Reserve told CNN they weren’t aware of him having any longstanding history of mental health issues – although one former colleague remembered him as a skilled marksman and outdoorsman who was among the best shooters in his unit.
Robert R. Card II, who police are searching for in connection with the fatal shooting of at least 18 people in Lewiston, Maine, made his troubling statements while he was at the Camp Smith training facility in New York, the law enforcement officials said. His command referred him to a military hospital, and he spent a few weeks under evaluation, they said.
In July, Army Reserve officials reported Card for “behaving erratically,” and he was transported to the nearby Keller Army Community Hospital at the United States Military Academy for “medical evaluation,” a National Guard spokesman told CNN.
“Out of concern for his safety, the unit requested that law enforcement be contacted,” said the spokesperson, Col. Richard Goldenberg. New York State Police responded and transported Card to the hospital, he said.
Card then spent a few weeks under evaluation at the hospital, the law enforcement officials said.
The 40-year-old Card also threatened to shoot up a National Guard base in Maine, law enforcement officials previously told CNN.
Card’s sister-in-law, Katie O’Neill, said in a brief conversation with CNN Thursday that Card does not have a long history of mental health struggles.
“This is something that was an acute episode. This is not who he is,” O’Neill said. “He is not someone who has had mental health issues for his lifetime or anything like that.”
Except for an arrest in 2007 for an alleged driving under the influence charge, the suspect is not known to ATF or in FBI holdings, according to law enforcement sources. He legally possesses multiple weapons and owns a home on hundreds of acres of land in Maine, the sources said.
Card is a petroleum supply specialist in the Army Reserve and first enlisted in 2002, according to records provided by the Army on Thursday. He has no combat deployments, according to the records.
Clifford Steeves of Massachusetts told CNN he knew Card when they served in the Army Reserve together, starting in the early 2000s until about a decade ago. He said he never witnessed any concerning behavior from Card.
“He was a very nice guy – very quiet. He never overused his authority or was mean or rude to other soldiers,” Steeves said. “It’s really upsetting.”
Steeves said the two served together around the country at different points, including in Wisconsin, Georgia and New York. He said he felt as though he “grew up” with Card because they entered the Army as young men and trained together.
Steeves said that while “aggressive leadership was very prominent” in the Army, Card stuck out for being a “rational, understanding person” who “led through respect rather than fear.”
Steeves said Card never saw combat but had extensive training, including firearms training and land navigation, “so he would be very comfortable in the woods.” He described Card as an “outdoors type of guy” and a skilled marksman who was one of the best shooters in his unit.
Another former Army Reserve member who served with Card also described him as a “nice guy” who “never had an issue with anybody.” The servicemember, who asked to speak anonymously due to the sensitivity of the situation, did not recall Card showing any kind of violent behavior.
Card studied engineering technology at the University of Maine between 2001 and 2004 but did not graduate, Eric Gordon, a university spokesperson, told CNN.
Public records show addresses for Card in Bowdoin, Maine, a town near Lewiston. Card appears to have been a member of a local horseshoe-throwing club in the nearby town of Lisbon, Maine, according to a local news story and a Facebook photo that showed him wearing a t-shirt with the club’s logo.
An account on the social media platform X with Card’s name and a photo that appears to be him, which has been taken offline, had a history of liking right-wing and Republican political content.
When WNBA player Brittney Griner was released from Russian detention after a prisoner exchange for a convicted arms dealer, the account posted what appeared to be its only tweet. Responding to a CNBC story about the topic, the account wrote: “Mass murderer for a wnba player great job keep up the good work,” in an apparent jab at President Joe Biden.
The account liked a tweet earlier this year from right-wing author and filmmaker Dinesh D’Souza arguing against an assault weapons ban, as well as other tweets from political figures like Donald Trump Jr. and Tucker Carlson.
Editor’s Note: This story is part of a series profiling American youth killed this year by guns, a leading cause of death of children in the US. Read more about the project here.
CNN
—
It’s been almost nine months since Brexi Torres-Ortiz and her mom sang together – hitting every note, feeling every emotion with every word of a gospel tune that happened to be the 11-year-old’s favorite song.
Take me to the King. I don’t have much to bring.
My heart is torn in pieces; it’s my offering.
Take me to the King.
“You will cry just listening to her sing it,” said Brexi’s mom, Brenlee “Bre” Ortiz. “It’s like, she was so young, how did she know what this song was saying?”
Back then, even Ortiz didn’t realize the depth of those lyrics, she said.
Sometimes she wishes she still didn’t.
The hymn’s power, though, has become clear, Ortiz said, since Brexi – short for Brexialee – was fatally shot while grabbing a gallon of milk from a corner store in Syracuse, New York – one of more than 1,300 youth killed by a gun this year in the US, according to the Gun Violence Archive, as firearms surpassed motor vehicles in 2020 as the nation’s No. 1 killer of children and teens.
January 16 was supposed to have been a cozy night at home for Brexi, with a movie on the projector and blankets covering the floor after her favorite dinner of macaroni and cheese made from scratch by her grandmother. Brexi’s two sisters and their mom, after she got home from work, would have been with them.
Instead, Brexi spent her last hours in a hospital bed on life support while Ortiz tried to make sense of how her middle daughter – while she was out to buy milk for the meal – got caught in what police described as a storm of bullets no more than 40 feet from her home.
Three suspects – then ages 16, 18 and 20 – were arrested within 10 days of the shooting, an Onondaga County senior assistant district attorney told CNN, and indicted by a grand jury on second-degree murder and other charges, a court record shows. Two have pleaded guilty to second-degree murder and the third is due to go to trial early next year, according to prosecutor Anthony Mangovski and court filings.
As the justice system’s response to Brexi’s killing unfolds, Ortiz attends every hearing.
But still, she struggles.
Every day.
And every hopeless night.
“As soon as I open my eyes, it’s her on my mind,” Ortiz said. “And as soon as I’m finally able to close my eyes, I don’t fall asleep but my body turns off and she’s in my mind and I can see her in my dreams.
“But they’re not dreams; they’re nightmares.”
She was everybody’s ‘best friend’
The warmth of her smile, the way she made you feel after a hug and her ability to empathize with both her peers and adults are on the never-ending list of what made Brexi special, Ortiz said.
“You never get to know a person, even if it’s your own kid, until stuff like this happens,” she said. “I didn’t want to find out like this.”
At Brexi’s funeral, Ortiz received condolences from so many children, she said. “She was my best friend,” her mom heard more times than she could count.
Brexi “knew how to be a best friend to everybody and give each one of them what they needed,” Ortiz said. “She will be a way with you that she wouldn’t be with me because we don’t have the same needs.”
The middle schooler also was student council president of her sixth-grade class, a “shining star” on the after-school dance team and “always encouraged others to make the right choice,” educators from her school said.
Brexi’s death stole all that – while it also drove home her generation’s gun-violence reality, said her school’s psychologist, who discovered a broader horror as she went classroom-to-classroom to help the kids confront the killing.
“It was that every single child already knew what to do,” Kayla Gallagher said. “They had T-shirts, lanyards, hats, all sorts of clothing with her name and image. They created a shrine at her locker. They went to the vigils.”
More about Brexialee Torres-Ortiz
Died January 16
Age 11
Shot while out buying milk at a corner store as three people, each with a semi-automatic handgun, opened fire on another person, according to her mom and a grand jury indictment.
Two teens and a young adult were arrested in the shooting, an Onondaga County prosecutor told CNN. All were indicted by a grand jury with second-degree murder in her killing, second-degree attempted murder in the non-fatal wounding of their intended target, plus second-degree criminal possession of a weapon, the court record shows.
Both teens pleaded guilty to second-degree murder in return for 20 to 25 years in prison, according to the prosecutor and court records. The older suspect pleaded not guilty and is set to go to trial in February
“The children are so used to this violence that they helped the adults in the building grieve,” Gallagher said.
Now, Brexi’s school community honors her life every month on “Brexi Day,” with activities like putting on a talent show, decorating the campus with flowers or enjoying an ice cream treat.
“We choose to remember her not for the sorrow of her passing but for the joy, determination and the sense of belongingness she brought to our school,” Leeza Roper, a teacher at Syracuse STEM at Blodgett Middle School told CNN.
“Her legacy lives on in the hearts of those she touched.”
At the Boys and Girls Club at Central Village where Brexi spent so much of her free time, her name was added to a sign outside the building and her photo hung in the entryway to commemorate the “wonderful impression” she left on the organization, said Stacey Nichols, spokesperson for the Boys and Girls Clubs of Syracuse.
“I want that all the kids that go there not be sad when they see her picture,” Ortiz said. “I want them to be motivated to do more and to be better.”
And the Syracuse Police Department worked with the Syracuse Housing Authority to purchase a bench that sits in front of the building in Brexi’s memory so her friends and family have a place to reflect and remember her, Syracuse Police Sgt. Brad Giarrussosaid.
“Brexi came from a forgotten community,” Gallagher said, “but she will not be forgotten by her community.”
On October 7, Brexi’s loved ones celebrated what would have been her 12th birthday. But there was no cake and no Brexi to blow out the candles after the birthday song.
Instead, relatives and friends gathered around her grave in the evening and released white balloons in her honor.
“I gotta go celebrate my baby’s birthday at the cemetery,” Ortiz said. “There is no justice. Justice will be bringing my daughter back.”
And though Ortiz would give anything for one more hug from Brexi or one more verse sung together, she takes an ounce of comfort, she said, knowing her daughter “finally made it to the King.”
The driver accused of killing four Pepperdine students in a Malibu crashlast week was charged with murder, with prosecutors saying he was speeding at 104 mph before the fatal collision.
Fraser Michael Bohm, 22, faces four counts of malice murder and four counts of gross vehicular manslaughter, L.A. County Dist. Atty. George Gascón said during a Wednesday news conference, adding that the charges stem from Bohm’s “complete disregard for the life of others.”
“When you are driving at 104 mph in [a] 45-mph [zone], the only conclusion is you have a complete disregard for life,” Gascón said.
The four people killed — Niamh Rolston, Peyton Stewart, Asha Weir and Deslyn Williams — were sisters in the Alpha Phi sorority and seniors at Pepperdine University. Authorities believe they were standing near several parked vehicles in the 21600 block of Pacific Coast Highway in Malibu when Bohm’s speeding BMW barreled into the cars and then struck the women shortly before 9 p.m. Oct. 17.
Bohm was arrested on suspicion of vehicular manslaughter with gross negligence following the crash, Los Angeles County sheriff’s Sgt. Maria Navarro said. But he was released hours later. In a news release at the time, the Sheriff’s Department said he was “released to allow detectives time to gather the evidence needed to secure the strongest criminal filing and conviction.”
Bohm was re-arrested Tuesday night and booked on suspicion of four counts of murder. In the intervening days between arrests, investigators collected additional evidence — including toxicology results, search warrants and speed analyses — before submitting the case to the Los Angeles County district attorney’s office on Monday.
Investigators determined that Bohm was not under the influence of drugs or alcohol at the time of the crash, but the onboard computer of his car shows he was traveling at 104 mph before he lost control in the deadly collision, according to law enforcement sources not authorized to discuss the case publicly. It was that data, along with statements by Bohm that he was familiar with the stretch of PCH and that he was aware of the posted 45-mph speed limit, that led to the charges against him, sources say.
The mother of an accused murderer in Florida believes that her son was overtaken by “demonic spirits.”
The Polk County Sheriff’s Office (PCSO) said the body of 20-year-old Roderick Wilson, Jr. was found with multiple gunshot wounds early Sunday morning in the parking lot of the Pentecostal Church of God in Winter Haven, where the victim’s father is a pastor. Florida has the 27th-highest rate of gun deaths in the United States, according to Every Town.
Taquion “Quan” Cotton, 22, who lives a couple of streets away from the church, was identified as the suspect and arrested on the following felony charges: first-degree murder, burglary with battery, kidnapping, battery-domestic with prior conviction, harassing in a felony proceeding, resisting with violence, tampering with physical evidence, discharging a firearm in a residential area, and resisting without violence.
“I’m devastated. Very devastated about this situation,” Cotton’s mother, Shavon Sheffield, said according to local CBS affiliate WTSP in St. Peterburg. “He opened up a demonic spirit that he can’t control. I don’t believe the video or whatever they showed me looked like my son. I asked to see other angles and they wouldn’t show me.”
Taquion “Quan” Cotton (L), 22, has been arrested for multiple felony charges including first-degree murder for allegedly killing 20-year-old Roderick Wilson, Jr. on Sunday in a church parking lot in Winter Haven, Florida. Cotton has a long criminal history. Police are still trying to determine the motive and to locate the firearm used in the shooting. Polk County Sheriff’s Office
Members of PCSO’s homicide and crime scene investigation units have conducted multiple witness interviews and pieces of evidence relating to the incident. The murder was reportedly captured by nearby surveillance footage.
“Regarding the video of the murder, we haven’t shared it publicly yet as detectives are still hoping to speak to additional witnesses,” PCSO public information officer Brian Bruchey told Newsweek via email.
He did not respond to the statements made by Cotton’s mother regarding being possessed by demons, and other PSCO officials have publicly stated that it remains unclear what led to the altercation and eventual shooting death.
“Detectives are still trying to determine Taquion Cotton’s motivation to commit this murder,” PCSO Sheriff Grady Judd said at a news conference on Monday. “At this time, there is no indication the two men knew each other prior to tonight. Despite the murderer being locked up, there is still work to be done.”
Cotton and Wilson reportedly exchanged words and a shoving altercation ensued prior to a gun being pulled out and used, Judd added.
The firearm used in the homicide has still not been recovered.
The body of Wilson Jr., who had been living in an apartment on church property, was reportedly discovered by a passerby at about 1:57 a.m. Judd said multiple vehicles drove by around the time of the incident, publicly requesting for them to come forward as witnesses.
PCSO said Cotton was found on Sunday afternoon during an area search affiliated with the homicide.
Cotton was reportedly spotted in a roadway not far from the crime scene, prompting the suspect to flee to a nearby residence where he allegedly battered a woman and put her in a chokehold so he could gain entry.
Sheffield reportedly ran to the woman’s aid and attempted to help deputies apprehend her son. Cotton allegedly bit his mother, leading deputies to use a taser to subdue him.
After he was apprehended, Cotton reportedly yelled for his mother to not press charges against him for biting.
“It’s never going to be the same,” Emily Pringle, the mother of Wilson, told WTSP on Monday. “I don’t have my baby.”
Newsweek reached out to Wilson Sr. and the Pentecostal Church via email for comment.
Cotton’s previous criminal history includes 11 felonies and 9 misdemeanors consisting of the following charges: attempted murder, aggravated battery on a pregnant victim, burglaries, thefts, batteries, drug and weapons violations, and resisting.
Uncommon Knowledge
Newsweek is committed to challenging conventional wisdom and finding connections in the search for common ground.
Newsweek is committed to challenging conventional wisdom and finding connections in the search for common ground.
Canadian police found five people dead from gunshots, including three children and the alleged shooter, at two border city residences in a case described on Tuesday as “an unspeakable tragedy.”
The victims were discovered late Monday in Sault Ste. Marie, Ontario, near the juncture of three Great Lakes bordering Michigan, about 430 miles north of Toronto, after police received reports of break-ins.
A 41-year-old was found “deceased from a gunshot wound” at the first residence. “The shooter had fled the area prior to police arrival,” police said a statement.
Ten minutes later, another emergency call saw police head to another home just 3.7 kilometers (2.3 miles) away.
There they found three deceased children, aged six, seven and 12 years old, as well as the alleged shooter who appeared to have died “from a self-inflicted gunshot wound.”
Another victim, aged 45, was found injured with a gunshot wound and was taken to hospital.
The victims were discovered late Monday in Sault Ste. Marie, Ontario, police said.
Sault Ste. Marie Police
In a statement, Sault police chief Hugh Stevenson said the incidents were linked and were “the result of intimate partner violence.”
“Our community is once again faced with the tragic and unnecessary loss of life,” Stevenson said in a statement. “The grief the families, friends, and loved ones of the victims are facing is unimaginable. Our hearts go out to them. As our community grieves this tragedy, I urge everyone to please watch out for each other. If you are struggling, or if you see someone you know struggling, please make use of the mental health supports available in our community.”
Writing on social media, Mayor Matthew Shoemaker called the shooting an “unspeakable tragedy.”
In a social media post on Tuesday, police urged the public to refrain from calling the police to learn more about the shooting.
“While we understand our community is trying to make sense of recent tragic events, we ask that you refrain from calling our non-emergency/business line to ask for more information about the incidents,” the police wrote. “We will release updates as our investigation permits, both on our website and via social media. Thank you, stay safe, and take care of one another.”
According to government data, gun crimes in Canada decreased from 2020 to 2021, accounting for “a small proportion of all violent crimes.” But shootings are up from a decade ago.
A Georgia mother was arrested on murder and arson charges after firefighters found her 5-year-old son with multiple stab wounds at a home while battling a fire at their home, according to local police.
The little boy, identified as 5-year-old Jayveon Pruitt, was found unresponsive with stab wounds on October 19 as firefighters responded to a fire at the apartment he shared with his mother in Peachtree Corners, Georgia, according to the Gwinnett County Police Department (GCPD). Jayveon was taken to a nearby hospital, where police said he was pronounced dead.
On Tuesday, GCPD announced that Jayveon’s 23-year-old mother A’zaria Shante Burton, was arrested and faces numerous charges, including murder, first-degree arson, aggravated assault, tampering with evidence, possession of a knife during the commission of a crime and first-degree cruelty to children. Burton was booked into the Gwinnett County Jail and is being held without bond.
While GCPD listed Jayveon’s age as 6 in an online statement, his father Daquarius Pruitt told local media that the boy was 5 when he died and was a few weeks shy of his sixth birthday.
The Gwinnett County Medical Examiner’s Office is conducting an autopsy and has not determined Jayveon’s official cause and manner of death as of Tuesday night.
Newsweek reached out via email on Tuesday to the GCPD for comment. It was unclear at the time of publication if Burton had retained an attorney who could speak on her behalf.
A’zaria Shante Burton (pictured), 23, of Peachtree Corners, Georgia, has been arrested on murder and arson charges after firefighters found her 5-year-old son with stab wounds while responding to a fire at the apartment he shared with his mom, according to local police. Gwinnett County Police Department
Shortly before 8 a.m. on October 19, the GCPD and the Gwinnett County Fire Department were dispatched to an apartment fire at an apartment on Springs Lane in Peachtree Corners, which is part of the Atlanta metropolitan area.
The 911 call alerting Gwinnett County authorities about the situation came from a resident on the upper level of the building, GCPD said in an online statement.
When members of the fire department arrived at the scene, they heard an “audible” fire alarm coming from a unit on the first level, police said. After making entry into the apartment, firefighters discovered an “unresponsive boy who appeared to have multiple stab wounds.” The boy was the only person inside the home while it was on fire, police said.
GCPD launched a criminal investigation and began searching the area. Around 9:15 a.m., officers found a woman, later identified as Burton, behind the apartment building.
“Her clothing was wet, and she was wearing only one sock,” GCPD said, adding that she was taken into custody at the scene.
Detectives worked to determine her involvement and announced that Burton had been charged on Tuesday. The motive for Jayveon’s slaying and the fire is still under investigation, GCPD said.
While police believe that Burton stabbed her son to death before setting their Peachtree Corners apartment on fire, Jayveon’s family told local media they’re struggling to understand what happened.
The little boy’s dad, Daquarius Pruitt, told Atlanta station WXIA that Jayveon was supposed to visit him in Mississippi in a few weeks to celebrate his sixth birthday. He referred to his son’s death as “mind-boggling” and a “nightmare,” the station reported.
“He was very energetic,” Pruitt said of Jayveon. “He just loved life. He loved playing. He loved his mom, he loved his dad, he loved everybody.”
Pruitt told the station that he was still trying to come to terms with what happened to his son, saying that Burton loved the boy and took care of him.
“He was just a great kid,” Pruitt said. “He never was trouble or anything like that, so that’s why I’m just trying to see how all this happened.”
Chastidy Brown, identified as Pruitt’s paternal grandmother who also lives in Mississippi, told Atlanta radio station WSB that the little boy loved his parents and “even said he had the best mom ever.”
“That’s what’s hurting the most is because everything was so normal,” Brown said, adding that she talked to Pruitt the day before he was killed.
Uncommon Knowledge
Newsweek is committed to challenging conventional wisdom and finding connections in the search for common ground.
Newsweek is committed to challenging conventional wisdom and finding connections in the search for common ground.
Mehrjui, 83, and his wife Vahideh Mohammadifar, a 54-year-old screenwriter, were stabbed to death on October 14 at their home in Karaj, a city in Alborz province west of Tehran.
“The defendants were already familiar with the deceased”, official news agency IRNA quoted Alborz province chief justice Hossein Fazeli-Harikandi as saying.
In this photo taken on July 7, 2015, and provided by the Iranian Students’ News Agency, ISNA, Iranian film director Dariush Mehrjui and his wife Vahideh Mohammadifar attend a film directors’ meeting in Tehran, Iran.
Abdolvahed Mirzazadeh / AP
“The main defendant was the gardener” at Mehrjui’s villa in the past, “and he had a grudge against the deceased due to financial issues,” Fazeli-Harikandi said.
Media reports said that out of 10 people detained in the murder case, four had been directly involved.
IRNA on Monday posted videos from the reenactment of the crime scene, showing four individuals entering the house.
Mehruji, according to the footage, is believed to have been sitting on his couch watching TV as the assailants arrived at the villa.
Last week Fazeli-Harikandi said the probe had pointed to “personal differences” as the motive.
Since Mehrjui’s death, tributes have poured in to celebrate the works of the pioneer director, producer and screenwriter, who during his six-decade career was confronted by censorship both before and after the Islamic revolution of 1979.
Mehrjui was best known for his 1969 metaphorical drama “The Cow” as well as his 1990 dark comedy “Hamoun” showing 24 hours in the life of an intellectual tormented by divorce and psychological anxieties.
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Bryan Patrick Miller did not testify at his recent murder trial for killing two young women in the early 1990’s but, when a “48 Hours” producer contacted him by email, he was ready to talk about the case.
Miller continued to deny he murdered Angela Brosso and Melanie Bernas even though he was found guilty by Judge Suzanne Cohen in a trial without a jury. Cohen sentenced Miller to death in June 2023. Under Arizona law, the case will be automatically appealed.
Bryan Patrick Miller was sentenced to death in June 2023.
Arizona Department of Corrections
Asked to explain how his DNA was found on the bodies of both women, Miller wrote, “That’s the million-dollar question.”
“If I had a provable answer for that I wouldn’t be in this situation now, would I?” he countered. “It is a question that I would like answered and everyone is so convinced that I did so it will go unanswered.”
Miller is sitting in death row at what he calls SMU, which is shorthand for a Special Management Unit at the Eyman Prison Complex in Florence, Arizona. It may surprise those not familiar with prison, but even inmates on death row have access to email.
When asked about life on death row, Miller wrote: “It is better than county jail, but it is obvious that isolation has taken its toll on many people here. From what I saw of people in county jail compared to here, the majority of the people here are by far not what I would consider the worst of the worst. It is by far safer than anywhere else in prison even though they have nothing really to lose anymore.”
He continued: “…it is far from great, as I am even more isolated from those I care about and also my legal team, the food is still not great and the cells are getting very cold now that temps are falling,” he wrote.
Miller expressed bitterness about his trial which took place almost eight years after his arrest and nearly 30 years after the first murder in the case. “How is a person supposed to defend themselves and prove anything for a crime that happened decades ago?” he asks.
He said he disagrees with psychological experts called by his defense lawyers who said he had dissociative amnesia and could not remember anything about the Brosso and Bernas murders. He repeated his position: “I maintain I did not do the murders.”
The Brosso and Bernas murders, which became known as the canal killings, are featured in “Unmasking the Zombie Hunter,” now streaming on Paramount+.
Bryan Patrick Miller in costume as the “Zombie Hunter.”
Ben Garcia
After Miller was identified as a person of interest in 2014, cold case detective Clark Schwartzkopf examined Miller’s social media accounts and discovered Miller had adopted a new persona around 2014. Miller began taking part in zombie walks in Phoenix and fashioned a homemade costume with a menacing mask and a fake Gatling gun, said Schwartzkopf. He also drove a tricked out old police car with the words Zombie Hunter on the back.
His lawyers presented a defense that essentially blamed Miller’s mother Ellen for the person he became. Miller’s lawyers said Ellen, who died in 2010, had abused him as a child, creating mental health problems. Cohen agreed Miller had been abused as a child after hearing psychological evidence throughout the eight-month trial.
“My mother was not a very good person in so many ways, but what helped was that when I was an adult, she acknowledged that she did horrible things to me and apologized,” Miller wrote.
By the time detectives arrested Miller in 2015, he was a divorced father raising a teenage daughter. Friends and even a detective working the case said Miller seemed to treat his daughter well. Not seeing her, says Miller, is his biggest regret about being imprisoned.
“What I miss most is spending time with my daughter and friends,” he wrote.
Bryan Patrick Miller violently murdered two young women in Phoenix in the early 1990s and went decades without being caught. By the time police caught up to him, he had a new persona and was hiding in plain sight. Genetic genealogy and DNA would be the keys to identifying him as the killer.
See how investigators tracked down a killer more than 20 years after the Phoenix canal murders.
The Zombie Hunter
Bryan Patrick Miller, center, who called himself the Zombie Hunter, poses for a photo with police officers.
Facebook
In 2014, Miller was known to many in the Phoenix area as the Zombie Hunter – a comic-book-inspired character who wore a mask and a long trench coat and carried a fake Gatling gun. He drove around in a tricked-out old police car and attended events taking photos with fans and even police officers. Investigators would later learn the man behind this costumed character had an extremely violent past.
1989: Celeste Bentley stabbing
In May 1989, Celeste Bentley was stabbed in the back by a 16-year-old Bryan Patrick Miller.
Celeste Bentley
In May 1989, a Phoenix woman named Celeste Bentley got off a bus at the same stop as a 16-year-old Miller. “Well, when he had ran by me, I thought he had just hit me,” Bentley said. “But then, I reached back to my back and I pulled my hand up and I saw the blood.”
Miller had stabbed Bentley in her upper back. He was caught and charged with aggravated assault and sent to juvenile detention where he stayed until he turned 18.
1990: An ominous note
A disturbing note written by a teenage Bryan Patrick Miller that his mother found while he was in juvenile detention. It spelled out how he wanted to find, abduct, rape, murder and dismember a young woman.
Phoenix Police Department
While Miller was in juvenile detention, his mother Ellen made a strange discovery. She told police she found a disturbing note while cleaning his room. The note, with the heading “Plan” on the second page detailed a sadistic scheme to torture and kill a young woman. Ellen gave the note to police and refused to let Miller return home, so he moved into a halfway house.
Nov. 8. 1992: Angela Brosso disappears
Angela Brosso
Cedar Cliff High School
On the eve of her 22nd birthday, a Phoenix woman named Angela Brosso went out for a solo evening bike ride. Her boyfriend Joe stayed home to bake her a birthday cake and expected her to be home within the hour. When Brosso didn’t return, Joe took his bike out and rode around looking for her. He told investigators he went out three times that night looking for Brosso but couldn’t find her.
Nov. 9, 1992: Brosso’s body is found
Detectives at the Angela Brosso crime scene.
KPHO
The next morning, police searching for the missing woman came upon Brosso’s body in the field next to her apartment. She had been fatally stabbed in the back, sexually assaulted and decapitated. Her head was nowhere to be found. Investigators discovered she had been attacked on the nearby bike path, and her bike was also missing.
Eleven days later, Brosso’s head was spotted in the Arizona Canal, about two miles from where her body had been found. Due to a lack of decomposition, investigators believed the killer may have kept her head in a refrigerator before dumping it in the canal.
Sept. 21, 1993: Melanie Bernas goes missing
Melanie Bernas
Maricopa County Court
Ten months later, high school junior Melanie Bernas took an evening bike ride while her mother Marlene was out to dinner. Marlene told police that when she came home that night, Melanie and her bike were gone.
The next morning, Phoenix local Charlotte Pottle was riding her bike with her daughter in the back seat when she rode through a strange-looking puddle. She circled back to get another look.
“I could tell that it was a puddle of red, that it was a puddle of blood,” said Pottle. She also noticed drag marks. She rode home and called police. When police came to the scene, they found Melanie’s body floating in the canal dressed in a blue bodysuit. She had been fatally stabbed in the back and sexually assaulted. A matching DNA profile was found on both victims. Melanie and Angela’s murders became known as the “canal murders.”
1994: A tip
A teal bodysuit like the one police say Melanie Bernas was found wearing.
KPHO
In 1994, investigators received a tip suggesting Miller may have had a distinctive teal body suit that was similar to the one Melanie was found in. Investigators at the time seemingly never pursued Miller.
The case goes cold
With a volume of tips coming in and hundreds of persons of interest, investigators were unable to find the person responsible for the murders. Decades passed with no arrest.
2011: The cold case unit
Clark Schwartzkopf was a cold case detective with the Phoenix Police Department.
CBS News
In 2011, Phoenix police detective Clark Schwartzkopf was working with the cold case unit investigating the canal murders. He says there were over 600 persons of interest in the case files. “I said, ‘OK, give me the list,’” said Schwartzkopf. “Let’s start at A and I’m going to go through all the backgrounds on all these people and see if I can find anybody in there that would be possible of … committing this type of potential violence.”
2014: Genetic genealogy provides a new lead
Colleen Fitzpatrick, founder of Identifinders International.
CBS News
In late 2014, forensic genealogist Colleen Fitzpatrick spoke to investigators at a conference. Fitzpatrick’s company, Identifinders International, had developed software that could mine public genealogy databases, searching for matches to crime scene DNA. Phoenix police sent her the DNA information from the canal murders. Fitzpatrick’s company crunched the data and came up with the surname Miller. Schwartzkopf found six people with the last name Miller on his list. One of those names was Bryan Patrick Miller: a 42-year-old man with a juvenile record for the stabbing of Celeste Bentley.
December 2014: Surveilling a potential suspect
Bryan Patrick Miller
Maricopa County Court
Schwartzkopf began to conduct surveillance on Miller and observed him on his breaks from work at an Amazon warehouse. To determine if he was the killer behind the decades-old canal murders, Schwartzkopf would have to obtain Miller’s DNA. He came up with a ruse. During one of Miller’s work breaks, Schwartzkopf approached Miller’s car, introduced himself and offered a job proposal.
“I introduced myself as a security consultant. I said, ‘listen, I’ve got a team of people here in this parking lot and we’re watching this building that’s north of you.’” He told Miller the owner suspected thieves were stealing merchandise and had hired him to watch the building.
“You’re always … out here for your breaks,” Schwartzkopf said he told Miller. “… would you be interested in working for me as a security officer watching the building while you’re outside?” Miller agreed and Schwartzkopf later scheduled a meeting to fill out a job application, with the hope of getting Miller’s DNA.
Jan. 2, 2015: The sting at Chili’s
The mug Bryan Patrick Miller drank from during the sting.
Maricopa County Court
Schwartzkopf arranged for Miller to meet him at a Chili’s restaurant in Phoenix. Schwartzkopf says investigators from the cold case unit were on the scene, working with staff to ensure Miller’s silverware and dishes were free from contamination.
“So, they watched them pull them outta the dishwasher,” Schwartzkopf told “48 Hours.” “The detectives take the plates and the glasses and the silverware, and they move them directly to a booth that this manager has set up for us, away from everybody else.”
To Schwartzkopf’s surprise, Miller arrived with his 15-year-old daughter. Miller ordered a hamburger and a water and when he finally took a drink, Schwartzkopf knew he had his DNA. But after observing Miller’s mild temperament and his rapport with his daughter, Schwartzkopf doubted Miller could be the person responsible for the brutal canal murders in the early 1990s.
After the meal, they left the restaurant and detectives seized Miller’s glass and sent it to the Phoenix Police Department crime lab for DNA analysis.
Jan. 13, 2015: DNA match
On Jan. 13, 2015, Bryan Patrick Miller was arrested and charged with the murders of Angela Brosso and Melanie Bernas.
Maricopa County Sheriff’s Office
Eleven days later, the head of the crime lab told investigators they had a match to the DNA from the crime scenes where both Angela Brosso and Melanie Bernas were found.
“She leans down to me, she goes, ‘It’s him … Bryan Miller, it’s him,’” said Schwartzkopf.
Miller was arrested later that day. He was charged with first degree murder in both Angela Brosso and Melanie Bernas’ deaths.When a detective told him they had DNA linking him to the canal murder victims, Miller replied, “I don’t see how that’s possible.” He also denied killing anyone.
“It’s full of crap”
Bryan Patrick Miller’s kitchen. “There was a little pass where you could get to a bathroom and the kitchen and where the TV was, and that’s it. Everything else is just stacked to the roof with garbage,” said Clark Schwartzkopf.
Phoenix Police Department
Investigators got a search warrant for Miller’s house where he and his teenage daughter had been living. Schwartzkopf was shocked by the state it was in.
“I can remember like it was yesterday walking up to the front door and everybody going, ‘you can’t get in that way.’ … ‘It’s full of crap,’” said Schwartzkopf.
Schwartzkopf and his team went through the entire house collecting items of evidence, but the women’s long lost bicycles were not found, and neither was the murder weapon.
Trial for the canal murders
Bryan Patrick Miller during his murder trial.
Pool
Miller’s trial began in October 2022. His attorney’s admitted Miller was the canal killer but said that due to abuse he endured as a child, he developed severe mental health problems. His lawyers argued he was not guilty by reason of insanity.
A psychologist testified that Miller developed a condition known as dissociative amnesia – an inability to remember some traumatic events. Miller’s attorneys claimed he had no memory of the canal murders. Miller claims he did not commit the murders.
Judge Suzanne Cohen found Miller guilty of both murders. In June 2023, Cohen sentenced him to death. Under Arizona law, he will have an automatic appeal.
Messages from death row
Bryan Patrick Miller was sentenced to death in June 2023.
Arizona Department of Corrections
Miller, now in his 50s, sits on death row at the Eyman Prison Complex in Florence, Arizona. A “48 Hours” producer contacted him via email to discuss the case. Miller maintains he did not commit the canal murders. When asked to explain how his DNA was found at both crime scenes, Miller said that is a question that will go unanswered.
“If I had a provable answer for that I wouldn’t be in this situation now, would I,” Miller replied. He says he doesn’t believe he had a fair trial.
Regarding the prison conditions, Miller wrote, ” … it is far from great, as I am even more isolated from those I care about and also my legal team, the food is still not great and the cells are getting very cold now that temps are falling.”
He also expressed his personal views on the death penalty and its effect on the people he sees around him: “I see wasted lives and potential that would have been beneficial to society … I have always been against the death penalty and the more I see what death row is and who is here and how they got here, I am even more against it.”
Miller says what he misses most is spending time with his daughter and friends and going to car shows and events.
