that's
correct hey how you doing yeah
lob okay hey what's going on I'm here to
uh turn myself in okay what's going on I
had an accident last night okay I was
showing an old friend of mine how to use
this gun that she was needing that she
asked for and it went off and it shot
her in the chest okay and I've been
running around scared
where up on Miami Montgomery County Line
Road okay you just want to say your
water right there
sure you put yourself up there you got
any weapons on you right now no okay
just put your hands by on your back for
me okay I'm just going to detain you
right now based off what you're telling
me right I understand you want to talk
to me I'll still talk to you okay right
does this person need assistance or help
or do you have two sets of cups I can
put two sets on you a second okay does
this person need help right now or are
they deceased or what they're deceased
does anybody else know about this no I
don't know I don't know I've been
waiting where where is this address
actually that you you're at I don't know
the actual number is this her house or
your house or no it's a friend of mine's
house what what county is it in it's on
the Miami County side but it's on Miami
Montgomery County
Library mom's worth 311 I'll be in the
back lot with one uh can you you do a
miscellaneous call I have one detained
if you uh start
310 what's your name turn I'm Brian
Brian Bri I'm also through D I'm just
going to check check you down go right
go right
ahead I'm in the back lot of the PD in
the parking
lot okay again no weapons on you right
right not even a pocket knife no okay no
that I left that in the truck okay
Brian what's your last name Brian Mason
is there a weapon in your truck yeah
okay yeah oh you dropped a quarter
okay yeah this is hurting my badge I'll
try to yeah when you're done Pi up for
one second okay when you feel safe
absolutely yeah cuz I wouldn't be here
voluntarily but I've been so scared
since it happen Okay uh what's uh what's
your social security
Brian what's
uh officer
small all right let's have SE in my car
for two seconds and I'll switch to C on
you okay
all right hop up there it's a big big
step just give me one second what what's
your last name again Mason Mason
Pap all D yeah yeah just give me one
second okay
okay come on this guy walks up he's like
come on body get out of the car walk up
he's like's going on he's like the lob's
closed okay what's going on said hey I'm
just here to turn myself in said for
what he said uh I accidentally shot
killed someone last night so he says
that he was at a on County Line Road
doesn't know the exact address said he
was shown to friend a gun and it went
off and shot her on the chest and she's
deceased I said does this person need
assistance they need help or they
deceased he said they're
deceased so I detained them I said hey
if you want to talk to me I'm just
detaining on on what you're telling me
and I'll read you Miranda you know and
talk to you but he said there's a gun in
his car I haven't confirmed that's the
gun he used he doesn't even know the
address at this point that's as far as
we got
so okay y so you're the perfect guy to
be in charge right now
so I'm going to read him Rand down see
if he wants to keep talking he said he
wants another pair of cuffs on I think
that's I'll just put another set on if
he's willing to keep talking to me at
this
point so uh he said it's like on the
Montgomery County Miami County border
line I believe what said
all right we're going to need to try to
find out where this happen I know so I'm
talk you okay thank
you AB I don't think that your calls any
problems just you came in obviously you
came in wanting to talk to us you want
to tell us about this on a voluntary
basis I
understand just leave them off for for
for now oh thank you we can talk
um yeah
I'm officer duy here is going to read
you your rights just because you're
not he's detained you at this point
we're he told us this we're not just
going to let you go walking down the
street right now so going to read your
rights and then talk to you and find out
where this is and some details and
okay okay going to read off this card
okay is B prate police officer Sheriff
Deputy you are here by advised you have
certain rights as follows you have the
right to remain silent you don't have to
make any statements or answer any
questions you
understand anything you say can will be
is against you in a court of law do you
understand yes okay if you cannot afford
I'm sorry you have the right to speak
with a lawyer for advice before you
asked any questions you have the right
to have a lawyer with you during any
questions do you understand yes okay if
you cannot afford a lawyer a lawyer
appointed by the court for a lawyer from
the public defender's office will be
provided to you before and during any
question without any cost to you do you
understand yes if you decide to answer
any questions now without a lawyer
present you will still have the right to
stop answering at any time you also have
the right to stop answering at any time
until you talk with a lawyer do you
understand yes okay now that you
understand your rights are you willing
to to answer any questions without a
lawyer present um um minimal I mean okay
to be fair representation is needed okay
but at the bare minimum we're trying to
figure out this address this person
needs help
you're telling us that they're beyond
help at this point so but she collapsed
instantly and and I got scared I got
frightened
and Brian Mason okay Brian he he asked
you a question and we do need to I guess
or know on that you can you can refuse
to answer any question we ask you and
you can stop answering any time like he
read you so if you say minimal I mean we
need to know if you want a lawyer or if
you're willing to answer some questions
you can always refuse to answer any
question that you want to refuse to
answer you know I appreciate your guys
with this thank you very much
um yes at this time I can answer some
questions um first of all let me ask you
this is this been reported to law
enforcement at all no this is it this is
it I'm walking in because I know this is
the right thing to do but where do you
live at I've been live living out on my
truck and motel rooms since I quit my my
trucking job last I'm just trying to
figure out why you came to this Police
Department you driving around or yeah
I've been all over the place okay where
did this house up on um the Miami
Montgomery County Line Road Miami
Montgomery County Line Road do you have
an address I don't know her house number
what's her name I think it's in the
9,000
Series okay um her name is Michelle
Elliot
what's her age approximately 57 same age
as me I've is this her
address but maybe just she lives on in
the 9,000 block Miami County Line Road
and her name's Michelle Elliot what kind
of cars are in the driveway yeah none
none what does the house look like you
can describe it to me so I can describe
to somebody else three bedroom Bri rant
like what color is the garage
door if I pulled up a Google Maps or
something would you be able to show me
the house
okay let's go do that go basement will
you yeah do you mind will you come
downstairs to the interview room with us
no no problem okay I just got P you down
one more time is that cool with you yeah
okay yeah no anything to make you feel
safe okay no problem I just want to make
sure that you don't have a gun you said
there's one in the car so I just
want start
with with uh finding out where this
happened and then we can go from there
as far as what else you want to say or
not say we do need to we need to get
this uh you'll find out where it has
okay now we need get this taken care
of I'm so scared of what the system's
going to do to me I'm not scared of you
guys job I'm just going to grab your
stuff and bring it down
okay what kind of truck did you come in
you said there's a
truck mom for we get need to respond
is this the weapon that you use get
another get another crew to
okay why don't you you mind staying up
here just keep an eye on it gets here
and then then come down
yep accident I was showing her how to
charge
[Music]
it well that happens sometimes it it
does but not to me well yeah I
understand I'm not it's and this
happened last night yeah okay did you
leave immediately after it happened
immediately immediately um and you
haven't been back there since no
obviously does any does she live with
anyone does anyone else
go so you don't think anybody's been
there to find her I don't know I
mean I had no com this
way you know which count you said this
is Miami Mont County Line you know which
did this happen in Miami County or Mii
Miami okay here let's go let's go in
this bigger room here okay this one
yeah is the weapon that's out in your
truck the weapon that yes yes sir okay
but he said
huh no Justin's with him right now he
said it's in this car so Justin said
need to sit with the car so you're
trying to help her out yeah is this your
girlfriend or no this is a 50-year
friend that I went and grew up to uh in
school and we've always been friends
it's never never went
anywhere cuz neither one of us you know
we were like no
liked having me as a friend more than
she liked having me as you know more
than that
yeah um you have a body cam on yeah okay
yeah normally I'm a detective and I
don't normally wear it but I'm working
the road tonight so we have to wear them
when we're working the road right but
these interview rooms are recorded
anyway so for I want to be upfront and
honest with you you know the stuff
you're telling us is going to be
recorded and that's for both of our
protections really it right it helps so
that I can't say you said something that
you didn't and you can't say I said
something that I didn't all right right
so I mean we're where we are
um we'll see you know we'll see
what what happens you come in
voluntarily and um I'm so distraught
over this yeah
50 years I've known her we went to grade
school together she lived down the
street from me rode the same
bus
and yeah last year I stopped in after
not seeing her because I've been out on
the road driving a
truck and I stopped in
and she needed gutters cleaned I mean
she
needed this fed and that faked and so I
jumped in and helped
her you said there are no vehicles on
the driveway
no do you know her birth dat by chance
no I do not no okay but she's 50 years
old you sure of that no 57 57 yeah okay
and it's Michelle Elliot mhm
are you sure of her age or is that an
approximate no I'm pretty sure okay
pretty sure I just turned 58 okay and
this is her H her house she has she
lived there for a while yes so she has a
driver's license and stuff that should
be to that address I think okay and the
house is in M Miami County you said
right okay um do you know Michelle's
phone number can do you have you tell me
your phone number yeah okay uh the
house
okay been there forever okay sounds like
offer du is coming back down I'm going
to go do some research on my computer
see if I can find an address and then
I'll be back and
uh confirm that address if that is
uh once I get the address I'm going to
call my Miami County Sheriff's office
and have them go out there and
check back with you okay thank you
sure you stay with a
minute I'm GNA see what I can find in
like on here get address for this
[Applause]
your destinations are
right not sure do you know about what
year oh yeah um
66 momb 311 can you
try November 1st
1966 on that Michelle Elliot
and sorry we we never exchanged cards
and stuff like
that so you don't live on a solders home
anymore no I do not okay I got you no
I've been
uh I was living in my truck and then uh
after um my health started failing and I
couldn't keep a med card cuz my blood
pressure was too high yeah I I quit and
then took my savings and just been
staying in rooms or in my
truck okay I got you yeah have were you
staying at that house with her would she
let you stay there or no well she
offered but because of her debilitating
disease I couldn't it was it was too
tough to be around her good it was too
tough to be around her when she was
drunk
High and I don't drink and I don't take
pills
so that's what we argue about all the
time you know if it wasn't if I ignored
it it was fine but I had to put up with
the way she acts when she was under the
influence mhm yeah so I'm getting pretty
dry
mouth you want the water sure all right
let me get your water be right back okay
thank
you I'm just going shut this door if you
need something just knock on it be like
seconds
okay hey Justin she he said that he
thinks she's born in
66 ask him for a middle name does you
know a middle name um I'll go ask he
said believe November something 6 six
dispatch can't find anything already
tried to run on
records I'm going to get him a water
all right here's your water for you
thank you do you know her middle name by
any chance no I don't you don't okay but
you said it's a brick ranch white garage
Shore right does it have like is it like
way off the road is it close no it's
close to the road and it's
approximately maybe a half a mile to 3/4
of a mile east of state route
49 okay I'm sorry to say that again you
said it's about 3/4 yes of a mile east
east it be on the Miami County side the
north side of the road east of
Philipsburg um north of Philipsburg but
east of what road I'm sorry oh State
Route 49
49 okay give me one second I'm going try
to pull up an image of it okay
he said it's
like hey cash
onal yeah go ahead can you respond back
to the PD and come uh to the basement to
the interview
rooms I'm still I'm still recording by
the way um he said he thinks it's a 34
of a mile east of
49 County Line
Road oh you got Google Maps or something
her name spell or
something her name spell away or
something shouldn't be does she have a
driver's license
here
yeah find it by Michelle m i c h e l l e
yes Elliot e l l i o t TT two T's I
think it's two L's two
T's
Che um the other officer here asked for
her phone number oh you did you did
yeah sorry little confused
back What's um if you want to pull
Google Maps I'll show you let me get her
phone number again real quick I'm sorry
if you got it I'm sorry you know her
phone number yeah let me just write it
down real quick
I'm going see if I can pull up a picture
here show
you hey if you want me to I can try to
have the dispatch Sergeant do emergency
pay on this
is this your friend yes okay I don't
know why it displays the picture like
that that's hard to see that's
her that was it I have the spelling
okay does this address sound correct
1131 Miami County Line Road in
Brookville
Ohio we don't send cards back and forth
so I don't have her address I just let
me pull it up it sounds right okay let
me pull that address
up on Google Maps so you can see
visually where it
is yeah
and
uh that way we can get this
started I have to I had to come in do
the right
thing I don't think any saying you do
the right yeah
I'm I'm just scared to death I
understand
yeah just seeing that picture just now
is odd because Brookville Ohio is
nowhere near Miami
County okay well um if you need to
finger find it um find fburg Ohio and
then go north give me just a second here
sure sure this has to be real addressed
I think because it's in the BMV so let
me try
to and house have been there since the
40s or
50s it was her grandmother's
house I shouldn't have interrupted you
go ahead sir what were you trying to
tell me um find the intersection of
State Route 49 and that uh Miami County
Line Road is it Miami Montgomery or
North they they change the names as they
split it out but it's on the Miami
County side
all right well help me f
okay
so here
were you said 49
mhm pburg pburg
orio
okay I know exactly where that
is Laur
wburg y
okay going from
there uh take
49 up
north too far yeah too far too too far
again now expanding a little bit so the
county roads will show
up
okay they're all in numers
yeah scroll
down keep going there's Garland keep
going there's North mcgomery County
liary mgy
County Yeah Montgomery
Miami see they call it different things
it moves along the the different lines
and it should be right right there above
the uh
G only have a half to 3/4 of a mile East
on County Line Road from
49 be it's
City her address is that address it's in
bille it's in Montgomery County
I ran the that was on that haven't
checked it but that's I don't think this
works I can get a picture of the house
if you want real quick
okay let me do this let's do this street
view
here this is where you're showing yeah
coming off 49 all right go that
direction
okay that's the
house that red house right there that's
it
and where would she be at in the house
if the officer could look in a window
and would they be able to see her I I
I'm pretty sure yeah I like she's uh
between the living
room she took a couple steps and dropped
but if they looked in the front picture
window would they be able to see her
yeah yeah
okay all
right Jo what you want staying here with
him for a minute
I don't want to keep fighting with
dispatch I'm just
call yep that's fine did you get did you
get I ran the o on
records so I got that
address thank you all right I'll be back
with you
Edward 6943 J 694
45 to 61 L82
W uh there is a pillow on the couch with
blood on it I can see right there clear
got blood where want a pillow on the
couch right
there see that pillow on that
couch you see see that it does look like
it yeah it looks like
blood
it any see on the
couch oh
we only got three
roll 61 on
two we'll be making for entry BL on the
pillow Police
Department right
here got a body we got a body go ahead
and start we got a body
detectives God damn it don't touch
anything house quick though huh clear
the rest of the
house West police sheriff depart you're
in here make yourself no
Police
Department
that make sure they
nothing
here the kit check that door right
there okay yep definitely going to start
detectives this
way bathroom
goes to that bedroom where Che it's
clear that door's
blocked oh she's been there a while man
yeah she's got R sitting in
already she was covered by go
ahead
ready this door first
it's lock garage you want to check it
yeah watch
it let's go police you're in here make
yourself
down checking basement Lisa I want to go
left
yeah we tracking
basement let Police Department make
S clear clear so far over here
yeah clear BAS
123 the rest of the house is
clear we're out no now yeah we're done
thank you
guys no we're going to start caution off
and everything else appreciate you guys
y yep we're out you need to see anything
El nope path I need to take in what any
path I need to take in the least I mean
the least amount
of there's there's rig she's been there
a
while here she's right there I'm just
trying to make sure there's
nothing step on that's yeah over there
there's a lot of it I don't know how 45
on
me there over there
so
yeah Mr Mason yeah Mr Chief Deputy Chief
Deputy man County want to talk to you
sorry about
that bed
yet go by Brian is okay to call you
Brian yes Steve
Lord nice MEK you nice to
[Music]
meet good
thank wakeing up a little bit yeah just
a little I'm sorry no it's okay like
said get your your bearings about you a
little bit lights are bright and said I
haven't been I haven't been to um I
haven't had any rest for almost 24 hours
now okay well uh you know we we found
her and and uh I was out there and give
you a little backr about me uh I'm the
chief Deputy but I spent 20 years in the
detective section and then what I kind
of specialized in was cult cases so I
worked a lot of homicide some of those
stretching back into the 70s so um like
I said you know this this isn't first
time I've been through this but
obviously and you know we've looked a
little bit at your background and this
isn't you know something that you
haven't led a life crime at all you know
so um what I think you know you got
yourself in a little bit of a hole here
and what I always tell people is you
know um if you truly want to do yourself
some good you got to put down the shovel
okay and so to speak you can't keep
digging this hole all right so you know
cooperation basically ends up looking a
lot like kind of getting a girl pregnant
you don't get a little pregn
if you're going to cooperate what I can
always recommend is you just got to tell
the entire truth all the way through
this thing and um and what it boils down
to is a prosecutor and a jury and I've
sat through so many trials that's why
I've been so scared past 24 hours sure
sure I I get it and
and what you don't want to do while
you're scared is make some mistakes okay
because you know
um sometimes
very bad things happen to good people
you know and it doesn't make you a bad
person that this has happened but
sometimes things get to the point where
they get out of control things end up
happening and you want to try to go back
and rework it and if it doesn't match
the physical evidence and if it doesn't
match everything you know um what what
you can't do is go back and say you know
look um I got scared and I told a lie
and now you're sitting there in the JY
is hearing this and what your story is
not making sense and then you know um
and the prosecutor is looking at you
like why didn't you just tell the truth
from the from the GetGo you know and it
basically comes down I mean if you're
dealing with somebody and they're not
telling you the truth would you want to
help them right you know so that's what
it comes down to so if you're going to
want a prosecutor at some point to you
know to work with you on your future
then what you've got to do is give them
what they require which is cooperation
and I'll go a little further with that
what the Court's going to look at is
acceptance responsibility genuine
remorse those are the biggest things
I've seen and typically what ends up
happening is people lie and then um it
doesn't look remorseful it doesn't look
they accept responsibility right you
know so those are the important things
that you control sitting here today okay
okay and I I'm kind of an instrument
that you work through for that but in
the end if you get scared and you end up
saying you know this is what happened
this what happened and in the end that's
not truly what happened and that's not
what the prosecutor you know because you
know it sounds like you got the gun out
in your truck right right we got so I I
think you're there to a degree but I I
think what we're going to find is in
Talking of the detective is you know
this this wasn't an accidental shooting
so you know I I think at some point I I
think you just need to start kind of
getting with the program as far as
deciding what you want to do because you
know I my my feeling is just looking at
everything there's not a jury there's
not a prosecutor that's going to believe
the accidental shooting okay I I think
things can get out of hand and I think a
person you know can end up getting shot
and I don't know that it makes you a
terrible person it's just you know get
OT and bang it happens and then you know
then it's like [ __ ] what am I going to
do you know what I mean right so you
know I'm just just don't make a mistake
here it's CRI you know what I'm saying
yeah I know okay
I did sh her on purpose I already know
the answer to this okay no I did not you
did not no
okay no I was show her how to use it
okay what kind of gun is it
day
of um 40
caliber semi-automatic pistol
okay the problem you're going to have
is what happens when you accidentally
shoot someone
typically what should you
do I should called somebody I should
have took responsibility at that moment
yeah and you didn't so you're going to
be in essence a jury and a prosecutor
and you know people that are going to
look at this they're going to judge you
for that you know and you know and that
looks not favorable toward you right so
you know because we all know how you
know if we accidentally shoot somebody
what we should do we know what our
duties and our responsibilities are and
that didn't happen so you know
reasonable people are going to get down
to fact that they're going to believe
that you know it was purposeful now
purpose is a whole kind of different uh
ball game there they don't need you to
cooperate to get to that point they can
draw that conclusion on their own based
on your actions from the moment it
happened up till when we're sitting in
here you know you don't accidentally
shoot somebody and let them sit in there
for for 24 hours I've sat in rooms with
people that you know shop bodies and
dismembered them and you know I
accidentally shot them and I've chased
this around time and time again and it's
because they're scared and you know it's
nothing personal but we'll end up a
trial and I'm going to guarantee you
there's not a jury in my accy that's
going to believe that this ended up
being you know you accidentally shot her
and then let her lay there you take
nothing to save her life you know and
the other thing is you're not a cold
blooded
killer this bothers you and this affects
you emotionally
yeah it does and I don't think it makes
you a bad person but you
know I think it's just I think maybe
things got out of hand and I think you
you did something that you
regret it's not going away you know you
can wish this thing away and you can
wish that you know maybe they'll just
believe it was
accidental you pulled the trick on
purpose cuz you're you're upset with her
no I'm not going to admit to that
because that's then tell me tell tell me
something that makes sense I'm won't
listen to you I'm not trying to get real
confrontational I'm just trying to I'm
trying to help you along the way I am
you know I I mean tell tell me something
that makes sense that you why you would
shoot somebody and then just leave them
there to
die yeah I've been asking myself that
past
20 well and let's say if I accidentally
shot somebody F let's go let's get away
from a gun I put you in a helicopter and
I kick you out the ocean and I push you
out before where you can't swim in and I
I leave I say he's
alive there's that depraved indifference
towards human life that when you left
there you don't know whether she's going
to survive so at some point it becomes
purpose don't you
think I'm just trying to tell you I mean
this the turn are going to twist you
inside now it's got to make sense you
know and you're right there I mean you
came in here you know cuz you know it's
not one of those things where we had to
go hunt you down you came in you got a
conscience I just think you're scared
you know yeah I'm definitely scared and
and you should be and I'm not going to
sit here and I don't mean that
disrespectfully but you know this this
isn't your typical you know we ran a red
light here I mean I think I think you
know what hangs in the Bal here and I
think you know we're going to look at
you know there's a lot of stuff we look
at DNA blood spatter reconstruction you
know all this thing and you know and
it's got to make sense now you've got to
get this 100% right if you mess up 20%
of it that's what's going to hang you up
that's what I'm saying so you know if
um and what I'm hearing right now I
think you're you wouldn't be sitting in
this room if you didn't want to be
truthful but I think you're hung up to
to a certain degree just because you're
afraid what's not happen to you just
like any other human being would be
right so you know so you know let's talk
about those concerns are you afraid
you're going to go to
jail absolutely okay yeah yeah and that
probably is going to happen so you know
you're beyond controlling that now I
mean you know if it was in fact
accidental and you called right away and
you know you wouldn't have that deal
with but that's not what happened you
didn't you know for all you know she
laid there and suffered for you know a
day and you could have said but you
chose not to you left so it's a de praed
in different so it's just you know what
I'm saying it's what point are you going
to be able to convince those people
sitting in a courtroom that you did the
right thing it wasn't
yesterday it's right
now it
is you know what the right thing to do
here is
well it was it was selfish for me to
leave but I did
not I did not shoot her on purpose okay
help me then tell me what time did you
get over
there 8 between 8:30 and 9 okay did you
call her and tell her you coming over
did you just stop in yeah I actually I
called her I called her after we texted
after she texted me earlier that day and
and I didn't have my phone on me cuzz I
left it in the
truck I texted her back after I got back
and nobody wanted to buy her silverware
so I told her I'd go ahead and and bring
it to her drop it off so you're just
bringing her some silverware you're
trying to sell for her yes
okay um were you texting back and forth
during the day or is it just all been
phone calls no there was text okay when
we get those records is there going to
be any argument that we need to know
about were you was she upset with you
were you upset with her no okay so you
get there and then why do you have a
gun I took that to her because she was
concerned about being out there by
herself okay and I told her I had I had
an old one that I'll give her that she
she thinks she could handle and how long
has she Liv
there I 15 years okay and and she's just
now getting to the point where she's
afraid and needs a gun after 15 years of
living
there that's what she told me okay so
she she goes on so you take a gun over
there and tell me what
happens when I went to I pulled it out
showed it to her and I went to charge it
okay when I went to charge it I didn't
realize that I didn't take the mag out
yet
and the mag had B of that
okay after I charged it I pulled them
tried to pull the mag out cuz it was
stiff and I don't know if I pulled the
trigger I don't
know what
happened but this is such a tragic
accident that it ended up being pointed
at her she's she's laying on the couch
she was sitting on the couch she sitting
on the couch yes so you shot her she's
on the
couch cuz I'm standing in front of her
showing her okay how how far away are
you 3 ft so you you shot her pretty
close are you wearing the clothes now
that you were wearing the
shotter
um might to change
clothes yeah I changed changed t-shirt
but this is what I was wearing okay so
you have that on
and you have those pants on So within
three feet
so if we see
blowback spatter from her that's going
to be present on you if we don't see
that at the lab that's what I'm saying
You' got to be careful here because it
and said it's a forensics aren't right
and it doesn't match so so you're if
you're within that close and you shoot
her and there's blood that comes back
then it's going to microscopically we're
going to find blood her blood on your
clothing right
okay so where did she where was she shot
at I'm thinking in the chest because
okay and
then she just pass out and not say
anything what she did when when she was
shot no she she tried to get up and she
took a couple of steps and then she
immediately just drop and that was it
okay she didn't say call an ambulance or
that she no
she she said what's
happening her okay so she's
shot what are you
doing I'm in shock okay absolute shock
that something just happened like that
absolute okay so what is your conscious
now that you're sitting here today what
does that tell you you should have done
I I should have called right away but
it's not what happened right I know okay
I know I got I got scared okay and why
were you scared if it's an accident
that's an accident I mean you know why
are you scared I'm I'm I'm scared of the
system and
I'm
okay I've never seen anything like that
I've never been through anything like
that I didn't know how to react and
maybe thinking back on it yes and I've
asked myself this all day why didn't I
stay why didn't I call why didn't I stay
why didn't I call mhm and I was selfish
okay so you're selfish
she's mortally
wounded right yeah okay after you shot
her and you know you don't do anything
to help
her oh my God does that sound a lot like
you know
maybe does it sound like an accident to
you go yes and no I mean I know it was
an accidental all right I'm saying the
people that are going to be sitting here
they're going to render they're going to
make the the hard decisions here you
know you know um what conclusion do you
think they're going to
draw so well it's going to bad on me
yeah it's going to look bad and let's
talk about that okay and like I said we
talk about genuine remorse and we talk
about acceptance of responsibility you
know what let's say you were just
hypothetically okay you're afraid to
tell me what really happened because you
want to try to get out of it right if I
tell them it's an accidental shooting
maybe I get out of it and you know I I
don't pay any PTY for this that's the
hope you follow me no
no no I'm just saying hypothetically
okay so hypothetically that would be
what you would want that's what you
would be seeking
correct based on what we just walked
through do you think that that's going
to happen because what I'm trying to say
is you know what you may be chasing
isn't something that you can get your
hands on at this point right so you've
got to arrive at a conclusion and it's
what I call damage control you've got to
be able to get to the point where you
start accepting the situation that
you're in your life as you knew it
before this happened is
over the new reality is what sitting in
here right now and you got to make
decisions based on this new reality not
this elusive thing because it that's not
going to happen based on circumstances
and I hate to be a one to come in here
and tell you that but it's had enough
room people that have uh you know they
they tried
to I minimize they try to minimize it
and and it just doesn't work it's
because the truth people will know it
when they hear it you
know and it's you know this point we
can't unwind it it's just what it is
right so you got to start making
decisions moving forward you know
that benefit you accepting your new
reality instead of trying to maintain
your old
reality that makes sense I can tell you
you're a pretty smart guy okay but you
know fear is a terrible thing man I mean
it's it it is and it's just you don't
know which way to turn you don't know
what to do I'm in here asking hard
questions I repr represent the system
that you're talking about but you know
like I said how do you want those people
to look at you a guy who made a mistake
and stood up and did the right thing
right or a guy who shot somebody ran
away the cops talk to him he lied it
doesn't match the physical evidence and
then they end up you know they're going
to look at you and they're going to
judge you partially right and there's
not a prosecutor in the world that's
going to want to work with you because
it's going to sit here and say this guy
lied do you like people to lie no would
you want to help them no okay so put
yourself put yourself in their position
right so you know you minimize your
something I don't think you're a bad
person because of it it's just I get it
you're you're afraid but we we got to
we've got to accept a new
reality okay yeah so let's talk about
that I've been doing this a long time 33
years
man I sat with and I Killers cold BL
Killers let me tell you I know it looks
bad but today I finally talked myself
into saying you've got to go in and take
responsibility for this okay and that's
why I'm here I I I 100% agree with that
and I I have no answer for you why I
didn't stay and I have no answers for
you why I ran away other than sheer
fear
okay I'll give you my professional
opinion there's not a
prosecutor that works where I work
that's going to Del okay I mean you know
it's just kind of what we come down to
and I you know personally my opinion
based on doing this for as long as I
have and seeing what I've seen you know
um I think you're minimizing and I think
it's just you're you don't know where to
turn and you're just like I'm just going
to stick with this I don't think it
serves you very well you know and I
think what we're doing is we're locking
you down into this story and then we're
just going to take it to
Pieces we're going to tear apart with
physical evidence we're going to go
through your phone we're going to you
know analyze your clothing and if it
doesn't make sense then what they're
going to look at all I need the next
best thing to an admission easily
disproved by and I think we already have
that so you know like I said I'm going
to have to disagree with you I have a
line about a thing okay well
um I I just think it's some point I
think we're going to
find um you seem like a person with very
good reasonable sensibilities but when
it comes time to have made good
decisions of a person who involved in an
accident you haven't done that you know
so you know I can accept that I can
accept that okay well but I'm saying is
again like I take you out in a
helicopter and we like five miles out in
the ocean and I I leave you there and
you're alive okay when I leave you there
what do I think is going to happen to
you you may make it back in you may
not what if I know that you don't you
can't swim but I said and I I can just
sit there and say well when I left he
was alive is there an indifference is
there a depraved indifference that you
know that you you caused a set of
circumstances that led to her
death and you did nothing I mean because
if it wasn't for you she'd be alive
right
y see that's the problem you got
yourself into
right so they this this accidental thing
it doesn't really it just doesn't work
that's what I'm trying to tell you so
it's like you
know well no the
the the the actual shooting was an
accident okay leaving was the wrong
thing to do in a bad decision
okay now here's what we can do
okay I can stop and accept that but if
we get down the road and like I said
we're going to take your clothing and
we're going to reconstruct that crime
scene and if all that doesn't add
up then you're that guy who didn't
accept responsibility you're the guy who
lied throughout the interview okay
there's nothing yeah I'm saying so those
are the cards that you're playing and
you know can't go back a month from now
to sitting in here and have things sit
there and say cuz I'll go to B for you
you know hey he accept the
responsibility he shot it straight the
evidence all matches you know um but
when it doesn't you know I understand
yeah I understand so you
know here's the thing you're
100% completely truthful with me and
I'll be very honest I'm skeptical is a
lot skeptical okay and then it doesn't
then um I mean I sat through a lot of
Trials man jury just gets to this and
starts looking at the guy like why are
we here you know and then you know how
old are you 58 so you're 58 like I said
you know you want to you want to risk
dying in a prison
cell then sit here and lie to me today
you want to you know uh stand a chance
at some point of getting a prosecutor
and somebody that's willing to work with
you on this and then you've got to get
to the point where you just tell the
truth the whole truth no matter how much
it hurts and just the everything is like
I said you know you're you're not some
coldblooded criminal you're a decent
human being who got himself into a giant
mess and like I said you got to put down
that shovel at some
point leaving leaving was wrong it was
definitely
wrong and I'm still I'm still asking
myself why I asked myself last 24 hours
why that's why I walked in here and
volunteered all this information well
I'll tell you what the prosecutor is
going to
say cuz you don't want to get
caught so rather than saved her you
saved
yourself killed her In Cold Blood and
you fled like a coward that's what he's
going to say okay and I'm just thr it at
you and instead what he could do is sit
here and say hey I got a little upset
whatever you know and shot went
off freaked out and took me a while and
I come in I turned myself in and I told
him the
truth well as as of right now that's
exactly what I've done for the past I
don't know how long been here 3 or 4
hours well I'm just saying you know I
guess what I'm getting at is you know um
I feel I kind of feel like I owe it to
you because like somebody just came in
here and and didn't tell you what was
going to happen to you and what you're
looking at and then we just go file a
charge and you go get an attorney and
then you know you go you know if you
want to go into court and you want to
fight it and you fight it but in the end
somebody should take the time and
explain to you what your options are you
know because like I said we don't need
you to cooperate you know I mean you
know at this point we're going to we're
going to take a truck we're going to
search warrant we're going to get the
gun we're going to BU the ballistics
we're going to match the bullets that's
in here you know we're going to probably
what kind of phone do you have is it a
smartphone yeah okay I'm going to put
you there GPS there's just I mean it
doesn't it's not that I know that's what
I'm saying I'm just trying to tell you
how court works I'm not trying to
convince you that hey I think you're
guilty based on this I'm just saying you
know this isn't a a mystery okay and
I've work cases that were 30 years old
23 years old and you know brought people
to Justice and go to the court and we
win and it's you know I I'm not a rookie
at this I've been doing this for a
number of years and I've seen people
that are in a situation such as yours
you know and you know it's just one of
those things that you know it's
unfortunate but you know basically
you're holding the rest of life in your
phone right now so I'm saying don't
gamble it you know and like I said make
make some smart decisions here well I'm
I I have been and I'm trying okay and I
knew when I walked in
here well that the consequences can be
extremely bad on me okay let's talk
about what do you think your
consequences
are I walked away from a friend that I
accidentally so let's is that a crime
yeah
yeah yeah you shot somebody and then you
left them to die even if you know if
you're going to say it's accidentally
when you leave it's purpose or it's a
depraved indifference right so you know
you picked up criminal liability that's
what I'm saying this thing isn't going
away that's what I'm trying to right you
know so it's like you know the the what
helps and I try to convince everybody is
the truth or shut up yeah okay you
didn't shut up so now you know you
you've got all this stuff you're locked
down and then our job is going to go try
to take apart your statement with
evidence and if we get there then this
thing gets worse for you and then you're
going to be sitting there saying well
you know I was scared and I'm like great
but you didn't cooperate time I can't go
back and tell them you cooperated you
know because you didn't you know if I
cat you in one lie you didn't cooperate
you know what I'm saying so and that's
what's at stake now I can walk out of
here and it it'll run its course but I
always feel better at we sitting here
telling a person that you know here's
your options and it should make sense to
you and you shouldn't feel like you're
getting tricked you know anything else
do you feel that way I mean I'm just
throwing it all out here on the table
for you you
know yeah no I'm I'm you're being just
as honest with me as I have been with
you okay well I think you know the
prosecutor at some point you're going to
be charged with a homicider related
crime here
okay I know that's why had to come in
and take responsibility for it where
where have you been all
day hanging out at different parking
lots trying to make sense of all this
I've been a scared mess okay the last 24
hours have you told anybody about it at
all no you haven't no invited in a
friend or a relative no did you sleeping
I mean we're going to track you by your
phone so it's just you know so all day
just
cuz it's been 24 hours right right yeah
it sure is so did you go back home and
sleep no
okay why didn't you go home I don't have
a home I'm homeless so you're homeless
yeah okay so the address on um
8905 that's no longer a good address I
think we have address for you on no yeah
that's a long time ago that's the house
I grew up in okay so
yeah I've been living in my truck for
the last few years okay and then my
health started failing last
year and I didn't want to go on high
blood pressure med so I went ahead and
tried to tried to reduce my blood
pressure
myself just one second I think they were
getting
all right so you've been homeless for
you say a
year yeah in and out of motels and okay
so you didn't go home because you didn't
have a home to go to all right yeah just
out kind of driving around Why'd You
Come into
Miamisburg it was just another spot that
I'm familiar with
mhm well I guess I'm kind of getting at
is I mean you
know it don't make sense to me either I
I don't we we you got yourself in some
trouble with some marijuana didn't you
that you were cting yes yeah yeah so you
you've been through cour yeah yeah and
you know kind of how the prosecutors are
right
yeah and mighty count is the No Nonsense
farming kind of you know
conservative and you know the facts on
this you know obviously they're they're
not
favorable what was your relationship
with her just longterm friends last 50
years we've known each other never
boyfriend girlfriend ever no no
she at times she would try and show me
attention
but
it it was never a boyfriend girlfriend
scenario there was no romantic
relationships okay there was never any
physical relationships
mhm
well do you care about her yeah yeah and
that's you know I think that's what
everybody's going to hang up
on it's not the way we treat people that
we care
about so there was Zero argument
a lot of this just doesn't make sense I
mean you know doesn't you shot her why
you taking the gun out I mean you fled
you fled with the weapon I mean these
these are all things that I know I mean
I know if you were curled up right now
at home with a book and you were reading
this how do you think you feel about the
guy sitting in the chair all yeah it's
kind well it's it's bad you know that's
what I'm saying is you know and if I
think you know they decide to go with a
more serious crime based on misconduct
and then they also they don't feel that
you're accepted responsibility and they
don't feel that you've shown genuine
remorse those are what we called
sentencing factors so when it comes time
to determine your punishment those are
the things they going to analyze and
like I said I mean you know I've already
told you I'm skeptical you're even
saying hey you have 100% reason to be
skeptical of this do you think anybody
else is going to draw a separate
conclusion it's reasonable so that's
what I'm saying is you know look you
can't hurt yourself anymore all you can
do is help yourself you know and so you
know when we get in there and we're
hitting you know the fixs and all this
and then we're going to reconstruct this
crime scene and um you know
if you're bound to not be telling the
truth then you don't get those
and you know and based on your age and
everything else you may not see outside
again right so you
know I feel like I just keep telling you
that and you know I know it doesn't look
good okay and it's because it's not it
doesn't it doesn't make any sense to a
person with reasonable
sensibilities and that's who's going to
be sitting there so you know if you uh
you
know if let's say you walked in the a
you're mad at her and you shot her it
really doesn't make any difference at
this point see what I'm saying you're
not you're not making it worse for
yourself I mean you walked in there you
shot her whether it's accidental or not
you left her there to
die and that's
purpose Spar okay but I'm saying but
leaving is you left on purpose you left
you got in a car you didn't call the
squad on purpose you didn't render Aid
on purpose you didn't tell the neighbor
hey you know you didn't give her the
phone so she could call you didn't do
any of those
things those things are purposeful those
are decisions that you
made and they were bad decisions and I'm
not judging you I'm just telling you
that's what they're going to look at you
know my job is investigations the
prosecutor job is accountability and the
jury and the
judge jury considers guilt and the judge
a sentence so you know like I said
you've got to sit there and break down
what each one of those persons is likely
to do based on the set of given facts
right you know and so you know like I
said at some point does it really become
a big issue whether you purposely shot
her or not
you know what I'm
saying yeah I just made bad decisions
yeah yeah that's what I'm saying so it's
it's dug into a hole what I'm telling
you is if you know you did this on
purpose and let's say the evidence you
know if you're back a little bit further
at some point you know that blood
evidence loses momentum and it falls to
the floor but as close as you are it
should be on your clothes okay so you
know if that's not going to be
then your story
goes you know what I'm saying so it's
just another thing of okay this guy lied
but you know so you you did a lot of
things today to kind of help yourself
you showed up cooperated and then when
it gets down to the critical matters if
you tell some little lies and it like I
said they're they're just going to look
at it and go well you know he didn't
really cooperate he just kind of showed
up he was just trying to save his own
skin you know he's going to try to go in
and convin accidental shooting this
isn't an accidental
shooting you're homeless your life is
[ __ ] right now you know money's
tight you
know things haven't been going good for
you things just got out of
control now this has happened on top of
it yeah it's
bad and I'm not without you know
sympathy for all that but you know
there's that other thing too is we need
to be accountable for our
actions you
know and also I knew it when I pulled in
I understand I knew it when I pulled I
know but you know the fact that she
deserved better than this
and she
deserves a person to take responsibility
for all their
actions to tell the truth what really
happened and to tell the truth what
really happened cuz we're not
there okay well no you if you have your
doubts you have your account MH I'm
going to need a public defender because
I can't afford attorney get you an
attorney so you want you want to invoke
your right to attorney that means we
stop talking which completely 100% I'm
okay with all that right you just got to
know that that's what you're doing so
that's what you
want yeah because i' I've told you the
truth okay and I've told the other
officers the truth all right I
understand that okay well uh what it's
going to Happ night we're going to take
you back we're going to put you in my
county jail tonight and then um we're
not going to get you an attorney tonight
like he's going to come here and we're
going to continue to talk to you we'll
get you a public defender so but we're
going to stop questioning you tonight
but so we're just going to kind of sit
and we'll take you and then I with uh
not arrangment and we'll file charges in
the morning after we consult the
prosecutor just so you know what's going
on uh
um since you asked for an attorney I
can't ask you any questions but do you
have any questions of me before we start
company
here no all right okay like I said um
you know something changes um get a hold
of me see if I got a
card if uh like I said if things
are happening like you said they have
happens said I'm pretty skeptical based
on just time doing this and kind of what
I've seen while I was
there the stuff you're saying is just
not adding up all
right you can sit for a little bit
because I got to got to have a mark car
come down from my new accouny so it'll
take a few minutes to get down here um
keys to your truck do you have those no
the other they got all right so we're
probably do we're going to tow that back
and get a warrant for it so just
uh like that like said anything on door
you to go bathroom yeah I could use the
bathroom and a smoke
[Applause]
yes gentlemen are going to take you
right back to Miami County all right
okay Lu
you
um
jail that way you're not cold on the way
back sweatshirt but
right if you want to go ahead and stand
up please
sure sure this is already happened you
don't have anything on you it's going to
stick me cut me poke me or anything like
that right cool all right this chair out
go ahead and turn around over here put
your hands your
back just like the
frame can your arms get much closer
that's about it okay I'm going to put
two on you okay make sure that you're
comfortable I don't get smoke do
I I don't not in my CR well no not in my
CR
B they got here a little quicker than we
thought so I'm just twist it up
like I haven't been twisted up I've
never been in these
before turn your hands turn your hands
in that's a little more comfortable put
Palms
together there you go be more
comfortable for
you it's not not working over here
so LIF up your just a little bit
you'll see tight on you one a little bit
one more
quick yeah oh yeah there's not really
any comfortable they won't be on yet for
too long just for the ride I'm going to
double lock these okay just to make sure
that they don't squeeze in on you
kind of stay where they're at
okay I'm just make sure one more time
make sure there's nothing on
you he got them in the bag
cigar all right sir go ahead and follow
these this
way mycket thank
you that's