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-TOORIEHSEHUMBER OfClARGUMENT
Smith
NAME; LAST
FIRST:
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Entry Day/Tm: 7/08/06 19:49:52 End Date/T.im: 7/08/06 20:
08: 43 Caller Name: Last SMITH
, ,C,i,ty,.,.,·.·.·.·.:, CLARKSVILLE ,B,l,o,c,k,#,:, NARRATIVE
,P,o,l.i,c.e. See Caller: Y](https://image.slidesharecdn.com/criminalinvestigativeanalysiscasecasefileindexprepared-220922002615-59ee799c/75/Criminal-Investigative-Analysis-Case-Case-File-Index-Prepared-92-2048.jpg)
![-92. These juveniles were brought to our location in the )
parking lot of the store. Sergeant Walsh and I met with the
parents who agreed to allow us to interview their children.
000571
Interview:
Sergeant Brent Smith; labeled 9-11-07, Case Number: 04-07-
0722
WALKER: First, of all I'd like to just start off by saying how
deeply sorry I am for your loss and we are just basically trying
to find out what happened.
When was the last time you saw Tracy?
SMITH: I went to go pick up the kids on Saturday and she
wasn't there. She was already at work and I went to Karen----
WALKER: Okay.
SMITH: ----and I went to ______ Karen on a Saturday, at 3
o'clock in the morning, and I dropped them off at 7:30. I usually
call them every day; talk to my kids and say hi to my daughter.
WALKER: SMITH: WALKER: SMITH: WALKER: SMITH:
WALKER: SMITH: WALKER: SMITH: WALKER: SMITH:
WALKER:
Okay. Okay, so you went--you went up to Hardin County last
Saturday? Roger, this past Saturday.
Okay. Do you get the children every weekend?
I get them, [stuttering] weekend a month.
Okay. And what time did you arrive at her place?
8 o'clock in the morning.
Okay.
At 08, and then I dropped them off at 1930.
Okay. Tell me about that as far as, was it uneventful or---- What
do you mean?
As far as----
The family was---- Yeah.
000715
SMITH: It was fine. Me and Karen, me and Karen get along](https://image.slidesharecdn.com/criminalinvestigativeanalysiscasecasefileindexprepared-220922002615-59ee799c/75/Criminal-Investigative-Analysis-Case-Case-File-Index-Prepared-151-2048.jpg)
![great. I mean, she was a wonderful person.
WALKER:
SMITH:
WALKER:
Okay.
I can't imagine that who might do anything to her.
Okay.
She's helped us out in the past and okay, yeah, I understand that
me and Tracy
SMITH:
were having our issues and we were going through a divorce,
and----
WALKER: [Cell phone began to ring.] I'm sorry. Sorry about
that. How long have you been married to Tracy?
SMITH: WALKER: SMITH: WALKER: SMITH: WALKER:
SMITH: WALKER: SMITH: WALKER:
SMITH:
going out and partying a lot. You know, because I told her this--
the whole divorce was about an affair-
WALKER: SMITH: WALKER:
Five and a half years.
Okay. And did you guys meet through the military?
Roger.
Okay. Where are you originally from?
I'm from Illinois. She's from Ohio, so.
Okay. And where did you guys meet at, as far as what post?
At White Sands Missile Range in New Mexico.
Okay. Did you guys do any time overseas together or anything
like that? No, she was a dependent when I met her.
Okay. And I guess you guys were starting to have problems here
recently?
Okay.
----about _______ telling me a rumor that she had an affair
while I was gone. Okay. Do you know the person's name?
Well, I was trying to fight custody for the kids because--
because her--she's been](https://image.slidesharecdn.com/criminalinvestigativeanalysiscasecasefileindexprepared-220922002615-59ee799c/75/Criminal-Investigative-Analysis-Case-Case-File-Index-Prepared-152-2048.jpg)
![000716
SMITH: I've heard a couple of them actually. There was a guy
named Jack who works up there, up at--he used to work up here
at Jenny Stuart Hospital.
WALKER:
SMITH:
WALKER:
SMITH:
WALKER:
SMITH:
WALKER:
SMITH:
WALKER:
SMITH:
WALKER:
SMITH:
WALKER:
SMITH: house----
WALKER: SMITH: WALKER: SMITH: WALKER: SMITH:
WALKER:
Okay.
He came over the house when I was on leave.
Okay.
Josh Emmons [spelling.]
Now, when you say he came over to the house----
He came over to the house to----
----here in Fort----
Clarksville.
Okay.
Clarksville.
And that's where--that's where you guys were residing?
Right.
Okay. When did she move to---
She moved--she put all of the stuff in storage on the 5th and
6th. She came to the
The 5th and 6th of September? No, of----](https://image.slidesharecdn.com/criminalinvestigativeanalysiscasecasefileindexprepared-220922002615-59ee799c/75/Criminal-Investigative-Analysis-Case-Case-File-Index-Prepared-153-2048.jpg)
![What's the caliber of the pistol?
It's a .40 or .45.
A .40?
I think it's a .40.
Okay. Was it your pistol or?
No, her dad gave it to me.
Okay.
Because I bought him a Glock 10mm and---- Okay. Well, what's
her dad's name?
David __________.
000718
WALKER: SMITH: WALKER:
SMITH:
and he told me, and I was on the phone constantly trying to
figure out what the fuck was going on.
WALKER: Okay. Did--so you are not exactly sure if it was a
.40 or a .45?
SMITH: It could be a .9mm, I don't know.
[??]: You said that it was awarded to you in correct, is that
correct? So you have it back?
SMITH: What was that? No, I gave it back to her because I
wasn't using it and there was no reason for me to have a
weapon. I mean, I can't keep it here on post, so I just gave it
back to her. I was like, you know, you can have it, because she
was wanting money, because she was hurting for money.
WALKER: SMITH: WALKER:
Okay.
Because you know----
Did you give it back to her after she moved out?
Okay. Do you know her brother? Roger, her brother is David
_____, too. And he is a U.S. Marshal?
Roger, yes. He's--he's the one that called me saying that there
was an accident,
Well, I gave it to her about two and a half weeks ago, when she
came down,
SMITH:](https://image.slidesharecdn.com/criminalinvestigativeanalysiscasecasefileindexprepared-220922002615-59ee799c/75/Criminal-Investigative-Analysis-Case-Case-File-Index-Prepared-155-2048.jpg)
![because she was getting some other odd and end stuff.
WALKER: SMITH: WALKER:
SMITH:
don't care. She said she was going to do half of it with me, but I
told her that she could have the money.
WALKER: Okay. SMITH: I mean----
Okay.
And she asked about it and I gave it back to her. I was like,
"Here you go." Okay. Okay. And that was about--she came
down here and got it?
Roger, she either put it in her storage or she already pawned it.
I don't know. I
000719
WALKER: Did she say what her living conditions were? That
she was going to stay at her ex-in-laws, at Karen's house or----
SMITH:
by the court.
She--I think she had 60 days to move out of Karen's house, was
what was written
Okay.
And, you know, I guess----
Did Karen--were they getting along? Did Karen---- They were
getting along great. I mean, as far as I know. Okay. But she
wanted to go out and get her own place? That's what--what's
what I understand is just----
WALKER:
SMITH:
WALKER:
SMITH:
WALKER:
SMITH:
[??]: Why did she have 60 days to get out of Karen's house, I
don't understand?
SMITH: That's--that's what the court gave her to get--to get her
up on her feet and then she needed to get her own place,
because I did not want her living with Karen because Eion is](https://image.slidesharecdn.com/criminalinvestigativeanalysiscasecasefileindexprepared-220922002615-59ee799c/75/Criminal-Investigative-Analysis-Case-Case-File-Index-Prepared-156-2048.jpg)
![allergic to dogs or actually it's Matthew is allergic to cats and
he and I just, I don't like the dogs inside of the house because
it's unsanitary and Eion always gets really----
[??]: So there is a court order saying that she---- SMITH: Right.
[??]: ----had 60 days to move out?
SMITH: Right.
[??]: Where is that court order from? Is it here in----
SMITH: WALKER: [??]: Okay. WALKER: SMITH:
It is here in Clarksville. I have a--I have a copy of it from the
court. So, it would be Tennessee?
Clarksville is Tennessee, correct? Roger.
000720
WALKER: SMITH:
WALKER: 18-month old?
Okay. Okay. So you went up there Saturday morning to pick up
Eion and---- And I dropped them off at 1930 on--on--on
Saturday.
Okay. What did you guys do? Now, you just picked up Eion, is
the younger, the
SMITH:
WALKER:
SMITH:
[??]: Eion is the boy.
SMITH:
WALKER:
SMITH:
Eion is a boy.
Now, did you pick up both or just Eion? Roger, both.
No, she's 2.
2 and she's your daughter? Reagan is my daughter.
[??]: What about Matthew?
SMITH: No, she wouldn't let me take Matthew, because you
know, he wants to play video
games and that's fine with me. He can play video games.
WALKER: Right.
SMITH: It's his decision to make. If he wants to come, he can.](https://image.slidesharecdn.com/criminalinvestigativeanalysiscasecasefileindexprepared-220922002615-59ee799c/75/Criminal-Investigative-Analysis-Case-Case-File-Index-Prepared-157-2048.jpg)
![I'm not going to make him come with me.
WALKER: Right. And what did you guys do? Were you going
to come back down here or you just hung out up in Hardin
County?
SMITH: Yeah, we hung out in Hardin County. We went to--to
Walmart; I bought them a toy. We went to Louisville and went
to the mall; put Reagan on the carousal and on some of the
rides.
[??]: So you've been stationed at Fort Knox before---- SMITH:
Right.
[??]: ----so you are familiar with the areas?
000721
SMITH: I went and talked to--to Ginger and Maryellen. I went
and talked to them for probably 2 or 3 hours on Fort Knox.
WALKER: Okay. Was she--did she seem a little--did she seem
okay as far as Tracy? Did she say anything as far as was she
having problems with neighbors or boyfriends or anything?
SMITH: She--it's been hard on--for me to let go. I mean, this
past month and a half I've just, you know, to be able to let go.
I've been talking to other females.
WALKER: Um, hmm.
SMITH: I was content about getting a divorce, you know,
because she had an affair and she suspected me of having an
affair---
WALKER: Okay.
SMITH: ----you know, even though I told her I didn't, you
know, and--but, you know, I had too many people here telling
me, too many people up there at Knox telling me that, hey, I've
seen her with this guy and she's been talking to this guy.
WALKER: Does she hang out at Fort Knox at the NCO Club or?
SMITH: She's been out to Fort Knox. She went out to the club
there in E-Town, the R and B place right there next to the gas
station----
WALKER: SMITH: WALKER: SMITH:
Okay.
----and the country club.](https://image.slidesharecdn.com/criminalinvestigativeanalysiscasecasefileindexprepared-220922002615-59ee799c/75/Criminal-Investigative-Analysis-Case-Case-File-Index-Prepared-158-2048.jpg)
![SMITH:
up to Nashville and partied and I came back here because I had
to work on--I worked on Sunday and I worked last night, and
I'm working right now, or I was.
WALKER: Okay. Okay.
SMITH: Until David called me saying there was an accident and
he was--no one was telling him what was going on so I called
Sergeant Covil. I called the desk up at the MP Station, because I
still know the guys from there----
WALKER: Okay.
SMITH: ----and Sergeant Covil, I don't know if you know him
or not?
Right, okay. And her--her ex-husband----
Mike.
Is he--he's at Fort Lewis?
He's at Fort Lewis, but he's in Iraq right now.
Okay. Did she say anything about Mike as far as any problems
with Mike.
I don't--I don't talk about, you know, his relationship with
Mike, that's not my
Okay. Okay. And you left Saturday night; came back home?
I came back here on Saturday night and I went out with some
friends and we went
000723
WALKER:
SMITH:
WALKER:
SMITH:
WALKER:
SMITH: [spelling.]
WALKER:
SMITH:
WALKER:
SMITH:
WALKER:
No.](https://image.slidesharecdn.com/criminalinvestigativeanalysiscasecasefileindexprepared-220922002615-59ee799c/75/Criminal-Investigative-Analysis-Case-Case-File-Index-Prepared-160-2048.jpg)
![SMITH:
WALKER:
SMITH: WALKER:
2330.
2330.
----you know, not even when I was single. I was DD on
Saturday night.
You said you called Friday before the Saturday that you went up
there to pick up
Well, actually it was--it was either, yeah, I called Friday, Friday
to----
Okay. Okay. But after Saturday, did you talk to her on the
phone or anything?
WALKER:
SMITH:
WALKER:
SMITH:
[??]: When was the last time you talked to Tracy?
SMITH: I haven't talked to her in [pause] last Wednesday or
Thursday, sir. [??]: Last Wednesday or Thursday.
Okay. So since----
I called Karen and she didn't--she didn't answer either.
Was she----
Actually, Karen answered once in the morning and that's when I
talked to Reagan.
WALKER: SMITH:
Okay. So, like I said we have to--we have to talk to friends,
family members, so I'm not trying to go anywhere with this but,
last night when you got off, you worked from 13-- 1300 to 20---
-
So, even Saturday when you went up to get the kids, you didn't-
---
I didn't see her because she was at work.
And I went over to central and kind of bullshitted with
Michelle, that's who I've been talking to is Michelle.
WALKER: Okay. What's central? SMITH: Our dispatch center.](https://image.slidesharecdn.com/criminalinvestigativeanalysiscasecasefileindexprepared-220922002615-59ee799c/75/Criminal-Investigative-Analysis-Case-Case-File-Index-Prepared-162-2048.jpg)
![SMITH:
000725
WALKER: Okay.
SMITH: And then----
[??]: You mean, the one we have downstairs here?
SMITH: No, we went over there off of--off of Indiana.
[??]: Okay.
SMITH:
a while and
WALKER:
SMITH:
WALKER:
SMITH:
WALKER:
SMITH: last name.
WALKER: SMITH: WALKER: SMITH: WALKER:
SMITH:
because I was trying to contemplate what I wanted to do. You
know, I needed to fight for custody of my kids and-----
WALKER: Okay. What shops did you go to?
SMITH: Patriot, I drove around through Patriot. I drove Toyota.
I went to Wyatt-Johnson. And I just drove around because I
couldn't sleep.
Right across from the commissary. And I was talking to
Michelle and Lindsey for then I went truck shopping after that
because it's the only time----
Now, Michelle and Lindsey----
Michelle and Lindsey, I talked to them for a while.
----they are both dispatchers?
Yes.
Okay. Do you know their last names?
Lindsey Brinks and Michelle, I don't know her last name. I can't
remember her
Are they MPs or are they civilians?
They are civilians.
Okay. Okay. And you said you went truck shopping? Yeah, I](https://image.slidesharecdn.com/criminalinvestigativeanalysiscasecasefileindexprepared-220922002615-59ee799c/75/Criminal-Investigative-Analysis-Case-Case-File-Index-Prepared-163-2048.jpg)
![And fell asleep.
When you say "room," you don't live on post, you live-
000727
SMITH: No, I live in the barracks. I live on post, sir.
I live in the barracks.
WALKER: Oh, okay, I was under the impression that you lived
in Clarksville.
SMITH: Well, I used to, but we closed on our house last Friday,
because I had to be out of the house, because I wasn't going to
pay $_____ a day if I wasn't going to be there.
WALKER: SMITH: WALKER: SMITH: WALKER: SMITH:
WALKER:
Okay.
And I still owe $175 to them. I was supposed to pay them
yesterday. So when was the last time you've been at this house
in Clarksville? Friday, when I cleaned everything out.
Friday, okay. And what's the name of the place?
It's 1033 Summerhaven Road.
Okay. Yeah, I've got the address. What's--do you--the
landlord's----
It's Don Carroll [spelling.] It's Caldwell Banker next to Gate 1.
If you go past
SMITH:
Gate 1, it will probably be--it's about 300 meters off to your
left.
WALKER:
SMITH:
WALKER:
SMITH:
WALKER: since?
SMITH: WALKER: SMITH: WALKER: SMITH:
Okay. Would you have a contact number for them? I don't have
the number with me.
Okay.
I've got a big ___________ book of contacts.
Okay. But basically this past Friday you moved out. You have](https://image.slidesharecdn.com/criminalinvestigativeanalysiscasecasefileindexprepared-220922002615-59ee799c/75/Criminal-Investigative-Analysis-Case-Case-File-Index-Prepared-165-2048.jpg)
![not been out there
I have not been out there since then at all.
You don't even have a key to the place?
No, I gave them both keys.
Okay. Now, what's your new address here on---- It's Building
6733.
000728
WALKER:
SMITH: address?
WALKER:
I'm sorry?
It's Building 6733. Do you want my mailing address or do you
want my regular
Regular address, hard address, and then mailing address.
Building 6733?
SMITH:
never [mumbled] Room 302.
WALKER: SMITH: WALKER: SMITH: WALKER: SMITH:
[??]: H-E-L-P-S?
SMITH: WALKER: SMITH: WALKER: SMITH: WALKER:
SMITH: WALKER: SMITH: WALKER:
SMITH:
work the road.
Roger.
IsheanMPtoo?
Yes. He is getting reclassed because he got in a little trouble.
Got in trouble. What?
Drugs.
Okay. Now, was he--when he got back to your room, was he--
was he asleep or? [No audible response.]
Did he get up or anythi ng like that? Did you--did he sound
asleep?
[No audible response.]
Does he work the same shift as you do?
No, he works just during the day because he's on ____
constantly because he can't](https://image.slidesharecdn.com/criminalinvestigativeanalysiscasecasefileindexprepared-220922002615-59ee799c/75/Criminal-Investigative-Analysis-Case-Case-File-Index-Prepared-166-2048.jpg)
![Roger, Room 320, no Room 302, Room 302 because I have a
roommate and I
Who's your roommate? PFC Hebner.
PFC?
Hebner.
Hebner. Roger.
000729
WALKER:
SMITH: that.
WALKER: SMITH: WALKER: SMITH: WALKER:
Okay. Okay. So, he--so what type of duties does he perform as
far as----
He just does like odds and end jobs for the platoon, like
paperwork duties, like
Okay. Administrative stuff?
Roger. Since he can't work the road since he's been charged
with drugs. Okay. So basically you get off at 2330?
2200 is what time----
Okay.
WALKER:
SMITH:
WALKER:
SMITH:
Okay. And you had to go to---- Gate3togotoacase.
Okay.
So.
----our actual shift ends, but we don't get off until 2245, 2300,
because we had to
SMITH:
go out to Gate 3, myself and PFC Aulden; me and him worked
together that night.
[GILINGHAM]: So you were just late getting off the end of
your shift due to a complaint close
to the end?
SMITH: Roger.
WALKER: Okay. And I guess you guys, I'm prior military,](https://image.slidesharecdn.com/criminalinvestigativeanalysiscasecasefileindexprepared-220922002615-59ee799c/75/Criminal-Investigative-Analysis-Case-Case-File-Index-Prepared-167-2048.jpg)
![WALKER: SMITH: WALKER: SMITH: WALKER: SMITH:
WALKER: SMITH:
Yeah. Yeah. What's your cell phone? 931----
I'm sorry?
It's going to be 931-
Okay.
980-0099.
Okay. Who's this, Sprint or? [Inaudible.]
000732
WALKER:
SMITH:
WALKER:
SMITH:
No, Sprint?
No, it's Cingular. Oh, I'm sorry.
I mean I talked-----
GILLINGHAM: Is that through AT&T?
SMITH: Yeah, I mean, I got--I know the people I've called
today. I got one from O.C., my
brother----
WALKER: What was the area code on that? GILLINGHAM: 931
or 913?
WALKER:
SMITH:
WALKER:
SMITH:
WALKER:
GILLINGHAM: 0099.
SMITH: 0099.
WALKER: It's a long day.
GILLINGHAM: Um, hmm.
SMITH: Like, you can't give me answers whatsoever? I mean---
GILLINGHAM: Well, I mean, basically because we are in the
preliminary stages of this investigation, number one, there's not
a whole lot that we do know. We still have officers out at the
scene that are still collecting evidence, processing, the whole](https://image.slidesharecdn.com/criminalinvestigativeanalysiscasecasefileindexprepared-220922002615-59ee799c/75/Criminal-Investigative-Analysis-Case-Case-File-Index-Prepared-170-2048.jpg)
![No, we've got to get up and shave. I get up, shave, take a
shower in the morning. Okay. Is your roommate----
He was in there.
Okay. After that you guys have to go out, do formation, or?
Like, can I come there and get clothes for the kids or no? Just
give us a couple of days on there.
Well, because my mom's coming tonight.
And where is she coming from?
Illinois.
Illinois.
It's going to take her probably at least eight hours. Okay.
Her name is Irene Smith.
Okay.
[Inaudible.]
Okay.
At 0930 we've got formation for the guys who work on the road,
because that's
SMITH:
what time we actually have to work the road, so.
000734
WALKER: Okay. So your shift don't start at 1300?
SMITH: It's starts at 1400, but we do PT from 0930 to 1100 and
then from 1100 to 1230, that's our personal hygiene time where
we go shower, eat, do what--get dressed and all that stuff.
WALKER: SMITH:
Okay. So basically the formation is--it's been, wow, it's been 12
years for me, but they do a headcount, all present----
WALKER:
WALKER: SMITH: WALKER: SMITH:
Brad Carter.
He handles divorces and stuff like that?
I have the divorce decree in my car if you guys want to see it.
Okay. Do you want to go get that now?
Do you guys want to go with me?
Um, hmm.
And at 1230 we have to get--be here for weapon's draw.](https://image.slidesharecdn.com/criminalinvestigativeanalysiscasecasefileindexprepared-220922002615-59ee799c/75/Criminal-Investigative-Analysis-Case-Case-File-Index-Prepared-172-2048.jpg)
![SMITH: WALKER: SMITH:
WALKER:
as what, I mean--as far as she said she was into anything, as far
as--other than what you know as far as hanging out?
SMITH: To be honest with you, sir, I'd rather not know because
I talked to my lawyer today about her going out partying and
you know, I don't know what. She was up here every other
weekend while I was gone to Afghanistan last year.
WALKER:
SMITH:
WALKER:
SMITH:
WALKER:
GILLINGHAM: Where is he out of? Is he out of Clarksville or
Hopkinsville?
All present and accounted for.
Tell the first sergeant all present and whatnot.
Well, ours is our patrol supervisor, ________, the patrol
supervisor.
Okay. Is there anything else you can think of as far as any, as
far as Tracy, as far
Okay. What's his name,---- And----
----your lawyer?
Brad Carter.
000735
WALKER:
[Inaudible.]
WALKER:
SMITH:
WALKER:
SMITH:
Sure.
So do you guys do a lot of garrison MP or field MP too?
Well, garrison--both, we just got back from deployment in
February.
Is a lot of this going to be transferred over to DoD eventually](https://image.slidesharecdn.com/criminalinvestigativeanalysiscasecasefileindexprepared-220922002615-59ee799c/75/Criminal-Investigative-Analysis-Case-Case-File-Index-Prepared-173-2048.jpg)
![from----
No, not for the road. That's all the gates and all of the civilian
[inaudible.]
I just keep up. Being prior military myself, I keep up with the
Army Times and
WALKER:
all the stories out. The Army's transition over to MPs to all
field-----
SMITH: You've got, of course, more up there.
WALKER: Yes, I was stationed up--I’m from Pittsburg,
Pennsylvania. I was stationed in Fort Knox. I was a 96----
SMITH:
WALKER: months ago.
SMITH:
WALKER:
SMITH:
WALKER:
SMITH: [inaudible.]
[Inaudible.]
No, I worked the road in Meade County for 8 years before I left
the road about 15
Do you know Jimmy ?
Yep, as a matter of fact, he's a sergeant now.
Oh, is he.
Yeah.
Yeah, me and him did a lot of [inaudible] together. He did the
[inaudible] there at
WALKER:
guess he got out of----
Do you know Brian [inaudible.] He was CID at Fort Knox? He
just started. I
SMITH: He worked out at the ACP with us, real tall, skinny
guy, blonde hair guy. He went up to KSP.
WALKER: Oh, okay.
SMITH: I can't remember his last name. He used to work up at
the ACP, so.](https://image.slidesharecdn.com/criminalinvestigativeanalysiscasecasefileindexprepared-220922002615-59ee799c/75/Criminal-Investigative-Analysis-Case-Case-File-Index-Prepared-174-2048.jpg)
![000736
WALKER: SMITH: WALKER:
So you've been about 5 years?
Seven years.
Seven years. That was the magic number for me when I got out.
I don't know what I'm going to do now. It's hard enough trying
to raise kids, try
SMITH:
to do it by yourself in the military.
WALKER:
SMITH:
WALKER:
SMITH:
WALKER:
[??]: Actually, believe it or not, retention is pretty good.
Oh, yeah, you guys just got back in?
February.
Okay. Everything--I know you guys deploy quite often. We are
supposed to go again in May.
Oh. So, your retention is pretty high or----
WALKER: We got a lot of guys [inaudible] that are trying to--
[inaudible] that are trying to [laughing] and he said, that's all he
gets is $2,000.
SMITH: WALKER: SMITH: WALKER: SMITH: WALKER:
SMITH:
WALKER: house, yes. came home
Who has my kids right now, Curt? Yes, yes.
Where's he at?
He's at the house. He's at the house. Why is he at the house?
Curt?
Yeah. Don't they consider it a crime scene?
Well, I mean, we are inside the house. He's not inside the house.
He's at the Like I said, we're probably going to be out there for
quite a while. But I know he
this afternoon, so.
Because I've been trying to call. I've been trying to call all day](https://image.slidesharecdn.com/criminalinvestigativeanalysiscasecasefileindexprepared-220922002615-59ee799c/75/Criminal-Investigative-Analysis-Case-Case-File-Index-Prepared-175-2048.jpg)
![trying to talk to
SMITH:
my kids and no one would answer.
000737
WALKER: We've been out there. We got the call around noon,
so we've been out there since noon. Nobody was home except
for the kids, so like I said, that's probably why nobody's been
picking up the phone.
Did you call earlier this morning?
SMITH:
WALKER:
SMITH:
WALKER:
SMITH:
[Sergeant Smith's phone started to ring.] SMITH: I'll call you
back. [Sergeant Smith hung up the phone.]
I called earlier this morning, several times. Okay. What time
was that?
I called at 1030, 1100.
Okay.
I left a message on her home phone and the cell phone.
SMITH:
[Inaudible.]
SMITH:
WALKER:
SMITH:
[Departed the interview room to go to Sergeant Smith's car.]
[Sergeant Smith answered his phone.]
SMITH: WALKER: SMITH: WALKER: SMITH:
Why do they put this shit like this on the internet? Huh?
Why do they put shit like this on the internet?
It's on the internet?
Yeah, my mom just said----
That was my mom.
Do you want this, sir?
No. Are you parked out front? [Inaudible.]](https://image.slidesharecdn.com/criminalinvestigativeanalysiscasecasefileindexprepared-220922002615-59ee799c/75/Criminal-Investigative-Analysis-Case-Case-File-Index-Prepared-176-2048.jpg)
![000738
WALKER: The media, the news media, they was down there.
Actually, I was responding from post and the Louisville media
was already down there before I got there.
SMITH: Did the neighbors see you?
WALKER: No, they was--when we came most everybody was at
work, but like I said, we got out there around noon.
SMITH:
I mean, like, did the neighbors see anything? I mean- No.
I mean, they were shot, that's what you said?
Yes.
SMITH:
WALKER:
SMITH:
WALKER:
SMITH:
WALKER:
[Lot's of background voices talking while individuals are
walking.]
That's what my commander told me.
And the reason why we can't provide a lot of information is
because----
SMITH: WALKER:
I mean, I'm still shaking. I--the Chaplains came and talked with
me for an hour already and--there's that.
This is my life right here, unless you want to look at the car, if
you want to.
No, that's okay.
WALKER: SMITH:
WALKER: okay?
SMITH:
WALKER:
with everybody, that's why we drove down here to talk to you
and we have to track down the people that she's been talking to
and far as saying whatnot, and----
SMITH: I mean, I don't think she was into drugs but she's not](https://image.slidesharecdn.com/criminalinvestigativeanalysiscasecasefileindexprepared-220922002615-59ee799c/75/Criminal-Investigative-Analysis-Case-Case-File-Index-Prepared-177-2048.jpg)
![dumb enough to do that. She's better than that, but you know,
she does like to party and drink a lot and----
I don't want to take your original. We can go back upstairs and
make copies.
I mean, I don't need it any more.
Well, like I said, I don't want to take your original so we will
just make copies,
There's the [inaudible] -- I mean, do you have any leads
whatsoever?
Well, I mean, like I said, it's pretty early and I mean, we have to
make contact
000739
WALKER: Um, hmm.
SMITH: I know she was seeing a couple of guys down here, this
Josh Emmons guy and the Jack I told you about.
WALKER:
SMITH:
WALKER:
SMITH:
WALKER:
SMITH: leave.
WALKER:
Ah, hah.
And----
Now, Jack he's----
The paramedic.
Okay.
He's the one who came to our house and didn't paint our house
when I was on
Okay.
Or paint our bathroom while I was on leave. [Pause.] I was
doing pretty good
SMITH:
before this seeing Michelle. Do you want Michelle's number and
Lindsey's number?
WALKER: Yeah, when we get back upstairs, I can sit down and](https://image.slidesharecdn.com/criminalinvestigativeanalysiscasecasefileindexprepared-220922002615-59ee799c/75/Criminal-Investigative-Analysis-Case-Case-File-Index-Prepared-178-2048.jpg)
![write this all down. Is Michelle in the military?
SMITH:
WALKER:
SMITH:
WALKER:
No, she is a civilian.
Okay.
She's one of our dispatchers. Oh, okay.
[A lot of voices in the background while they are walking back
to the building from the parking
lot.] WALKER: SMITH: WALKER: SMITH:
So, have you always been an MP or? No, I was an 11 Charlie
before.
Okay. That guy's got a pretty nice car. [Inaudible.]
000740
That's Aulden right there.
Is that your roommate?
No, Aulden is my patrol I was with yesterday and today.
Oh, okay, okay. Well, let's run upstairs real quick. Now, he
was--oh, the guy-- you guys ride two to a car?
SMITH: We were area four last night so. [Sergeant Smith
answered his phone.]
WALKER: SMITH: WALKER:
SMITH:
WALKER:
SMITH:
WALKER: than----
SMITH:
WALKER:
that because the only person that knows what happened is the
person who did it. So, we go--for everybody we talk to----
SMITH: WALKER:
SMITH: trying to do them. You
WALKER: SMITH: WALKER: SMITH:
I mean, I'm just--I know, I've been on a homicide before.
Right, right.](https://image.slidesharecdn.com/criminalinvestigativeanalysiscasecasefileindexprepared-220922002615-59ee799c/75/Criminal-Investigative-Analysis-Case-Case-File-Index-Prepared-179-2048.jpg)
![I know [inaudible] you know, I'm active duty military. I'm
trying to--I've been the best I can for Tracy and the kids. You
know, I've given her extra money for
know, I still love Tracy.
Okay. When was the last time you gave her money? A couple
weeks ago.
Okay. How much was that?
$200, because she needed extra money.
Hello. Still in shock, you know, I guess, I don't know.
Let's go down here for a minute.
Can you tell me anything at all, like?
I mean, I can't--I mean, I can't tell you as far as, I mean, what
happened other
Like, how they were shot? Where they were shot?
No, I mean that's, by you being an MP, I mean, as far as we can-
-we can't disclose
000741
WALKER: account?
SMITH: WALKER: SMITH: WALKER: SMITH: WALKER:
SMITH: WALKER: SMITH: WALKER: SMITH:
Okay. Did she take any money out of--do you guys still have a
joint checking
She did, but that's been cancelled. Okay.
That was out at Fort Knox.
Okay. When was that canceled? A couple months ago.
A couple months ago.
Am I going to be able to see Tracy?
Huh?
Am I going to be able to see Tracy?
I mean, I don't see why not?
I mean, do you have like a time of death or?
WALKER:
than just that they----
SMITH:
WALKER: SMITH: WALKER: SMITH: WALKER:
Okay. Did she--so she doesn't have no access to your- No.](https://image.slidesharecdn.com/criminalinvestigativeanalysiscasecasefileindexprepared-220922002615-59ee799c/75/Criminal-Investigative-Analysis-Case-Case-File-Index-Prepared-180-2048.jpg)
![SMITH: She's been very supportive of me and Tracy. She's
really helped out Tracy a lot. She was a very sweet person in
general, I mean.
WALKER: SMITH:
I don't know. Maybe, maybe, that's what I'm saying, maybe, I
mean, the dogs, they knew the person. I mean, if it was
somebody that knew the family.
SMITH: I mean----
WALKER: Is it possible--what type of clothing did you have
when you--you didn't go--did you go to the car lot in your
uniform?
WALKER:
SMITH:
WALKER:
SMITH:
Okay.
I mean, she's got four dogs, why didn't any of the dogs attack?
No, I just went in jeans and my tan t-shirt.
Okay. Is it possible we can go to your room and----
That's fine.
Okay. Like I said, we got to talk to everybody so, like, I mean, I
don't want you
SMITH: [Inaudible.] I would never, ever hurt Tracy or Karen,
never. I mean, I've never done anything to harm Tracy and I
never would. I mean, she was the love of my life, you know.
WALKER:
to get the wrong idea.
WALKER: SMITH: WALKER: SMITH: WALKER:
SMITH:
through counseling for it. I tried to get her to go to counseling
and I found out that she had been seeing other people here while
I was back, that's why she wouldn't leave, so and she knows a
lot of people here, but she left.
WALKER: Okay.
Um, hmm.
You know, I would never hurt my kids, their mother. I mean,](https://image.slidesharecdn.com/criminalinvestigativeanalysiscasecasefileindexprepared-220922002615-59ee799c/75/Criminal-Investigative-Analysis-Case-Case-File-Index-Prepared-184-2048.jpg)
![did she file for divorce or?
Yes.
Okay. I mean, how did you feel about that?
I was upset, I mean, but I mean, you know, we grew apart. I
mean, I've been
000745
SMITH: So, I mean, I know Jack kept calling her a lot and Josh
Emmons, they always talked to each other on MySpace.
WALKER: SMITH:
Okay. I don't know where my sidekicks went to. Did you see
where that trooper and detective went?
[??]: No, sir. I didn't.
[Laughing.]
WALKER: They probably went and got something to eat.
SMITH: Actually, I want to go with him back to my room
because he wants to know the clothes I was wearing last night.
[??]: Okay. Well, we got PFC Hebner coming here right now.
WALKER: Okay. Could he just stand by?
[??]: Yeah, I can have him stand by.
WALKER:
[??]: Are
WALKER:
SMITH:
WALKER:
SMITH:
WALKER:
SMITH:
WALKER:
you transporting him?
Oh, it's not here. It's not in the same building.
No, it's on the other side of post.
Okay. No, we can run all you all over there.
You can come with me, you know, it's fine.
We can follow you all on over there. I got to find where my
guys are at. Okay.
They left me hanging.](https://image.slidesharecdn.com/criminalinvestigativeanalysiscasecasefileindexprepared-220922002615-59ee799c/75/Criminal-Investigative-Analysis-Case-Case-File-Index-Prepared-185-2048.jpg)
![Okay.
So, she did have a MySpace account and she had a lot of people
on there, so.
[??]: Whatever comes up just let me know, okay. Just give me a
call whenever you get going.
When your mom gets in town and she needs to stay somewhere,
give me a call, okay? SMITH: All right.
000746
[??]: I'm here for whatever you need.
SMITH: Okay. Thank you.
[Lots of talk about who was parked where and who was riding
with whom.] [At barracks.]
WALKER:
SMITH:
WALKER:
SMITH:
[Banging noises like they are in the laundry room.]
SMITH: WALKER: [Inaudible.] SMITH: WALKER: SMITH:
WALKER: SMITH: WALKER: [Inaudible.] WALKER: SMITH:
WALKER: SMITH: WALKER:
These ones are the jean I wear [inaudible]. Okay. So, you had
those jeans on?
These are the shoes. Do you want those? Okay. Do you mind if
we hang on to---- They aren't my shoes.
Huh?
I wouldn't take them, they aren't my shoes. So this is----
So this is what you had on?
Yeah, I had on my running shoes.
You guys do a lot of off track running, cross country?
I don't know [inaudible] but that's what I wore last night, so.
So, I guess the shower room is--is like an open bay?
I see the barracks look the same. [Inaudible.]
So, I guess you washed them this morning? [Inaudible.]
000747
SMITH: WALKER: [Laughing.]
SMITH: WALKER: SMITH: WALKER: SMITH: WALKER:](https://image.slidesharecdn.com/criminalinvestigativeanalysiscasecasefileindexprepared-220922002615-59ee799c/75/Criminal-Investigative-Analysis-Case-Case-File-Index-Prepared-186-2048.jpg)
![I also drove around. I drove around. I was thinking about stuff
and I couldn't sleep because it was hot in here, so.
SMITH:
WALKER: SMITH: WALKER:
Okay. Okay. I mean, that's a big timeline. So, what do you
mean, 1 to 4----
Yeah.
Roger.
Okay. You guys are still living like the 1980's Army. At Fort
Knox, they've got pretty nice barracks.
You believe you got back home at 02.
Well, "back" what do you mean, sir?
Back to the barracks.
It was like 5:30, 6 o'clock. I mean, I didn't leave here until 1
o'clock. Oh, so you got back here at 6 o'clock?
Roger. I was only gone for four hours.
Well, that's a--so, you went----
WALKER:
SMITH:
WALKER:
SMITH:
[??]: Um, I'm going to go grab something out of my car real
quick. WALKER: I mean, that's a----
Okay.
I mean, [inaudible] and it's help in here to sleep.
Are you sure there isn't something you want to tell us? I'm
positive, sir. That's all I did. I stayed around here.
[??]: I'll be right back.
WALKER: Okay.
[??]: If you don't mind sticking around for just a second.
000748
SMITH: WALKER: SMITH: WALKER:
SMITH:
rather--I called Brad on Friday about whether I wanted to
contested it or not and he called me back this morning----
WALKER: Hm, hmm.](https://image.slidesharecdn.com/criminalinvestigativeanalysiscasecasefileindexprepared-220922002615-59ee799c/75/Criminal-Investigative-Analysis-Case-Case-File-Index-Prepared-187-2048.jpg)
![SMITH: ----and he advised me that it probably wouldn't be a
good idea because, you know, she'd probably win no matter
what any way, so.
WALKER: Okay.
SMITH: I'm still trying to, you know, pay--pay the lawyer and I
still got to pay her $800 for the Discover Card bill and I got to
make payments on the bill----
WALKER:
SMITH:
WALKER:
SMITH:
WALKER:
SMITH:
WALKER: --
SMITH: WALKER: SMITH: WALKER:
Right.
----and all that stuff.
[Inaudible.]
You can't expect me to--you know,----
Right.
----it takes me about 3 hours to get to Louisville.
I mean, you've been to the car lots. I mean, what else did you do
when you were--
Just driving around. I just drove around.
What time did you gas up?
5, 5:30.
5 in the morning? Now, did you gas up on post?
----or 1 to 5:30? It's like 4 hours--[inaudible] hours. Right. I
mean, but you got work in the morning, I mean. I just--I've got
so much on my mind----
Right.
I mean the divorce was going to be final on Friday and I was
contesting. I was
000749
SMITH: station.
WALKER:](https://image.slidesharecdn.com/criminalinvestigativeanalysiscasecasefileindexprepared-220922002615-59ee799c/75/Criminal-Investigative-Analysis-Case-Case-File-Index-Prepared-188-2048.jpg)
![SMITH:
WALKER:
SMITH: came back,
WALKER:
SMITH:
WALKER:
SMITH:
WALKER:
SMITH:
WALKER:
SMITH:
WALKER:
SMITH:
WALKER:
SMITH:
WALKER:
SMITH:
WALKER:
SMITH: was almost
WALKER:
No, off post at a--the one right there at the--not the [inaudible]
but the Pilot
Where?
The Pilot station.
In Hoptown or?
No, in Oak Grove. That's when I was coming back from--on
Saturday, when I I bought that.
This was on Saturday?
What's that?
This was on Saturday?
Roger, I'm pretty sure yeah, it's on--that is the date on it. Okay,
date.
So, it was--yeah, the 8th was Saturday.
Yeah, because the 9th was Sunday.
Okay.
What was this $3.51 for, okay, I'm sorry, sweet tea and pretzels,](https://image.slidesharecdn.com/criminalinvestigativeanalysiscasecasefileindexprepared-220922002615-59ee799c/75/Criminal-Investigative-Analysis-Case-Case-File-Index-Prepared-189-2048.jpg)
![okay. This one was on the 1st--the 1st.
Did you use your U.S. Bank card?
Yeah. I can pull it up on line if you want me to?
Huh?
Icanpullituponlineifyouwantmeto.
Okay. This what you used to gas up this morning?
That's what I used to gas up yesterday. Of course, I was driving
around, because I empty.
So you gassed up at 5 o'clock in the afternoon or 5 o'clock this
morning?
on
000750
SMITH:
WALKER: SMITH: WALKER: SMITH: WALKER: SMITH:
WALKER: SMITH: WALKER: SMITH: WALKER: SMITH:
WALKER:
SMITH:
don't remember what time it was, to be honest with you.
[Inaudible] what time it is.
I gassed up before I was driving around, so.
So, you gassed up before you was driving around?
Yeah.
So, what time was that?
1330, maybe.
I thought you was--I thought you was on duty at 1330.
No, I was off.
Oh, okay.
I just came in--I came here at 1 and then I left to go fill up from
there.
So?
I filled up before I started driving around, not after.
So it wasn't 1330, it was 1 o'clock?
Yeah, 1 o'clock.
Okay. Okay. But I thought you said you gassed up at 5 o'clock
in the morning.
I can't remember when I filled up. It was either in the morning](https://image.slidesharecdn.com/criminalinvestigativeanalysiscasecasefileindexprepared-220922002615-59ee799c/75/Criminal-Investigative-Analysis-Case-Case-File-Index-Prepared-190-2048.jpg)
![or early morning, I
WALKER:
SMITH:
WALKER:
SMITH:
WALKER:
SMITH:
[??]: Who did you work with on the swing shift today?
But on this it will show?
Right.
Okay. I mean, were you tired today at work or?
A little bit.
I mean, do you normally go out and drive around for that length
of time? No, that's the first time I've ever done it in a long time.
000751
SMITH: Ah----
[??]: Who was your partner?
SMITH:
[Inaudible.]
WALKER:
SMITH:
WALKER:
SMITH:
WALKER:
SMITH:
WALKER:
[Cell phone went off.] [??]: Go back to that?
Aulden, sir, last night and today.
Today is the 11th.
This is at 3:51, that was for the drinks.
Okay. Is this the only credit card you have?
Roger.
Okay. How much did you have to gas up, a full tank of gas? I
may have put in 30 something.
Okay.
SMITH:](https://image.slidesharecdn.com/criminalinvestigativeanalysiscasecasefileindexprepared-220922002615-59ee799c/75/Criminal-Investigative-Analysis-Case-Case-File-Index-Prepared-191-2048.jpg)
![WALKER:
[??]: No,
SMITH:
WALKER:
SMITH:
WALKER:
SMITH:
WALKER:
[??]: The 10th was Monday.
WALKER:
Yeah.
Everything is Clarksville. This is my bill for getting the
[inaudible].
Basically, it's not showing anything for today's date? sir, not
today 9/11.
This is the Hardees in Radcliff on the 10th. Okay. Because that
was a----
Subway up in Louisville.
Now, the 10th, which was Monday, right. Roger. No.
Yeah.
000752
[??]: Today is the 11th.
WALKER:
SMITH:
WALKER:
SMITH:
WALKER:
SMITH:
WALKER:
SMITH:
WALKER:
SMITH:
WALKER:
SMITH:
Yeah.
I had this all on Saturday. This was all on Saturday.](https://image.slidesharecdn.com/criminalinvestigativeanalysiscasecasefileindexprepared-220922002615-59ee799c/75/Criminal-Investigative-Analysis-Case-Case-File-Index-Prepared-192-2048.jpg)
![I thought the last. Okay. It's just showing the posted date?
Right. This is just showing----
So you weren't up there Monday?
No.
Okay.
I was at work here, sir.
Okay.
I have not--I have not been up there since Saturday.
Now, what's this purchase with PIN?
This is----
[??]: Go back on that one that you had before, that's the one that
said, "Colonial Height,"
whatever?
SMITH: Colonial Heights, this one.
[??]: That track right----
[Cell phone went off.]
SMITH: [Inaudible.]
WALKER: [Answered phone and walked out of the barracks
room into what sounds like the laundry room, and then returned
to the barracks room.]
WALKER: Sorry about that. Once he gets back up here, if you
don't mind, could we go back out and take a look at your
vehicle?
SMITH: Okay. WALKER: Huh?
000753
SMITH: WALKER: SMITH: WALKER: SMITH: WALKER:
Okay.
Okay, okay. Now, the 11th, that was--can you pull that up? I
can pull that up.
Okay. But basically it comes back to----
All's it is is----
----the Pilot station?
WALKER: SMITH: WALKER:
Now, you had to pay somebody to mow the---- Well, I haven't
paid him yet because I mean,---- Okay.
No, this was--I pulled out cash from the ATM, because I bought](https://image.slidesharecdn.com/criminalinvestigativeanalysiscasecasefileindexprepared-220922002615-59ee799c/75/Criminal-Investigative-Analysis-Case-Case-File-Index-Prepared-193-2048.jpg)
![SMITH:
how it works.
WALKER:
SMITH: subjects.
WALKER: SMITH:
Right. I understand that. I mean, I'll do whatever you want me
to do, I mean. Okay.
I mean, to--I guess, to prove my innocence, I guess, I'll do
whatever.
Okay. Well, I----
[Inaudible.]
----I appreciate your cooperation.
I mean, I'm sure, you know, I'm considered a subject right now
because I know I mean,----
Um, hmm.
----husbands, ex-husbands, whatever are all considered, you
know, possible
Right.
So, I mean----
WALKER: SMITH: CSI.
Okay. There you go.
I mean, I'll do anything you guys want me to do, I mean.
Okay. Would you take a polygraph test?
[Inaudible.]
I mean, I don't want to--I mean, basically you watch TV and
you understand it, I
Right.
I mean, you guys were going through hard times and stuff and
like I said, we've
And you know the percentage, I mean, a lot of times, I mean--
well, I mean, you know, you watch TV just like I do.
000763
WALKER: SMITH: WALKER: SMITH: WALKER: SMITH:
WALKER: SMITH: WALKER: SMITH:
WALKER:
to that information, so.](https://image.slidesharecdn.com/criminalinvestigativeanalysiscasecasefileindexprepared-220922002615-59ee799c/75/Criminal-Investigative-Analysis-Case-Case-File-Index-Prepared-204-2048.jpg)
![SMITH: WALKER: SMITH: WALKER: SMITH:
Did they touch my kids at all? Huh?
Did they touch my kids at all? No, they are okay.
Were they harmed or are they safe or?
WALKER:
and you now brought that up.
SMITH: WALKER:
Well, I mean, I just--I actually wanted----
I mean, I'm a parent, too, and stuff and----
Well, I'm talking about real TV.
Yeah.
I mean, like the news [laughing].
Yeah, I ah--you can take this if you want to. It's the only good
jeans I got, really. Okay.
So.
Yeah, I don't know where----
Did you talk to the kids at all? Huh?
I mean, did the kids say anything?
Yeah, they--well, we've got some information from them, but
we've got to hold on
Yeah, yeah, one thing I mean, we've been hanging out for a
couple of hours now
SMITH:
WALKER: Okay. I'm sorry, I didn't hear it and stuff.
I mean, I actually asked if my kids were okay when you first
came in and you said, okay. The other guy, I asked him.
000764
SMITH: No, I mean, I--I've--I've been told by my chaplain and
the commander and the first sergeant that they are all fine, but--
--
WALKER: Okay. Okay.
SMITH: ----I mean, I know they are fine if Curt's got them. It's
just--you know, I told you, man, I asked you if they were okay
and you said, yes.
WALKER: SMITH:
Right.](https://image.slidesharecdn.com/criminalinvestigativeanalysiscasecasefileindexprepared-220922002615-59ee799c/75/Criminal-Investigative-Analysis-Case-Case-File-Index-Prepared-205-2048.jpg)
![So.
We're--like I said, we're--I mean, we're trying to talk to
everybody, Curt and see, I mean. Apparently it looks like
whoever the person was knows--knew the family, so I mean,
that's--I mean, that's--I mean, that's pretty much what I can say.
I mean, it could be--it could be a lot of people. There's----
Exactly, that's what I'm saying. I mean, so don't feel--don't feel
that, I mean--I
WALKER:
SMITH:
WALKER: mean----
WALKER: Right. SMITH: [Inaudible.]
WALKER:
SMITH:
WALKER:
SMITH: know.
WALKER: SMITH: WALKER: SMITH:
Right.
When he came back this afternoon, I was like, really?
Right.
He could have a different schedule or he could be on leave or
whatever, I don't
Right, that is true.
That's not my business, so.
Yeah. We----
Are you going to take that? Are you going to take any of these
shoes or?
I mean, it's just kind of surprising to me that Curt came back
this afternoon
SMITH:
because he's usually gone from fuckin Sunday to Friday, that's--
--
000765
WALKER: Well, I'm going to take these and I don't know what
happened to my colleague, but I tell you what, we'll go ahead
and lock up and if he wants to look at something else----](https://image.slidesharecdn.com/criminalinvestigativeanalysiscasecasefileindexprepared-220922002615-59ee799c/75/Criminal-Investigative-Analysis-Case-Case-File-Index-Prepared-206-2048.jpg)
![SMITH: WALKER: SMITH: WALKER: SMITH: WALKER:
SMITH: WALKER: SMITH: WALKER: SMITH: WALKER:
SMITH: WALKER: SMITH: WALKER: SMITH:
Do you need to take those too?
Huh? Yeah, we can go ahead and carry them out----
Okay.
----and like I said, he----
I mean----
Do you have any shoes that you could--I don't want to take all
of your shoes.
Well, I got [pause]----
What uniform did you have on yesterday?
This one.
This one?
Roger.
Okay.
Do you want me to take it off, too?
Yeah, if you don't mind.
Do you want the boots, too. They are the only boots I've got.
Huh, no, not the boots.
[Inaudible.] Now, am I going to get these back or what?
Ah, yeah, yeah. I mean, like I said, basically what we could do
is, basically it's
elimination. I mean, everybody that had a relationship with--
with Tracy and
WALKER:
just process
Karen we got to--I mean, it's----
of
SMITH: All of the---- WALKER: ----so you are not----
000766
SMITH: All of her dogs were all loveable except for Zoe. He is
the only one that--he's the big, fat, white dog.
WALKER: Um, hmm.
SMITH: He's the only one. He's pretty calm, I mean, he's gotten
a lot better than he was, I mean [inaudible].](https://image.slidesharecdn.com/criminalinvestigativeanalysiscasecasefileindexprepared-220922002615-59ee799c/75/Criminal-Investigative-Analysis-Case-Case-File-Index-Prepared-207-2048.jpg)
![Do you want my socks, too?
Nah, nah.
All right. This is a case like yesterday was.
Oh okay.
[Inaudible.]
Okay.
I had a case with him yesterday?
What was that about?
[Inaudible.] Do you want me to keep the patches on there or no?
WALKER:
was thinking about it the other day. I pulled up and I was at the
red light and like I said, being E- Town post, we are right down
the street from Fort Knox and we see a lot of GI's, and a guy
pulled up next to me and I looked over. I never thought about it,
those uniforms have been out for a couple of years. I just
realized that you can't roll up the sleeves.
SMITH: Yeah, you can't roll up the sleeves.
WALKER: So it's kind of like you are in the field 24/7, because
you know back in garrison with the old BDUs, you could, in the
summertime, you could have your sleeves rolled up.
WALKER: SMITH: WALKER: SMITH: WALKER: SMITH:
WALKER: SMITH:
SMITH: WALKER: SMITH: WALKER:
[Inaudible.]
Yeah, my partner, he's a smoker, so I'd say he's still outside
smoking. The shirt too?
Nah, nah, that's fine.
Ah, no, you can take the patches off. How do you like those new
uniforms? I
000767
SMITH: [Inaudible.]
WALKER: Yeah, we'll just go back outside and meet my
buddies out there. [Background voices.]
WALKER: SMITH: WALKER: SMITH: WALKER:
SMITH:
WALKER:](https://image.slidesharecdn.com/criminalinvestigativeanalysiscasecasefileindexprepared-220922002615-59ee799c/75/Criminal-Investigative-Analysis-Case-Case-File-Index-Prepared-208-2048.jpg)
![SMITH:
WALKER:
So this is all--how many MPs are in your company? A hundred
and fifty something, I think.
Wow, that's pretty big.
[Inaudible] when we do our PT.
Thanks.
If Tracy were to have pawned that gun, where would she pawn
it at? I have no idea, sir. I have no clue. I have no clue.
I guess there's probably a lot of pawn shops around here?
Yes.
Oh, be careful. You okay?
GILLINGHAM: Um, what are we doing now?
WALKER: Well, I guess we're going to go back to the vehicle
and just take some pictures of the vehicle, if that's okay with
you?
SMITH: That's fine.
WALKER: And then after [coughing]--after that we'll be done.
GILLINGHAM: I think we may need to talk just a few more
minutes. WALKER: Okay, okay.
GILLINGHAM: If you don't mind. It is----
WALKER: Okay. Sounds good.
SMITH: So you want to look at the van?
GILLINGHAM: So what I will probably just do is--oh, I need to
go back here and talk to somebody real quick. Just five me like
2 or 3 more minutes and I'll be back out.
000768
WALKER: Okay.
[??]: Where's the keys, Larry, I'll go with you.
[??]: I'll just go with you Mark, if you don't care?
GILLINGHAM: No, not at all.
[??]: Mark, I'm just going to throw these in the trunk.
WALKER: SMITH: WALKER: SMITH:
So where are you--are you originally from Illinois? Yes, sir.
Just set them right there.
Do you want me to go with you?](https://image.slidesharecdn.com/criminalinvestigativeanalysiscasecasefileindexprepared-220922002615-59ee799c/75/Criminal-Investigative-Analysis-Case-Case-File-Index-Prepared-209-2048.jpg)
![SMITH:
WALKER:
SMITH:
WALKER:
SMITH:
WALKER:
SMITH:
[??]: May I help you, sir? WALKER: Huh?
Yeah, we'll just go inside and hang out [inaudible.] It's kind of
chilly out here
WALKER:
now. So are you planning on staying in for 20 or, because I got
out. I had 7 when I got out.
I don't know now.
Yeah, we'll go over in the common area.
Like, I said, now, I don't know. I've got to do what's best for my
kids right now. I've got a son who's 9 and a daughter who is 16.
[Inaudible.]
Like my son had a football scrimmage this evening but.
[Inaudible.]
[??]: May I help you?
WALKER: Oh, okay, we want to hang out here. We are going to
go back. I'm Larry Walker. I'm with the state police up in E-
Town. If you want, we can just come back here and we'll sit
back here.
[Background voices.]
000769
WALKER: Okay, okay.
[Background voices.]
[Interview with Colton Hebner is next on the CD roughly 14
min of audio.]
000770
Interview Continued:
Sergeant Brent Smith; labeled 9-11-07, Case Number: 04-07-
0722
[??]: Hey, Brent.](https://image.slidesharecdn.com/criminalinvestigativeanalysiscasecasefileindexprepared-220922002615-59ee799c/75/Criminal-Investigative-Analysis-Case-Case-File-Index-Prepared-210-2048.jpg)
![WALKER: Do you mind if we go back up to the room for a few
minutes? [Inaudible or nonverbal response given.]
WALKER: Okay. [Pause.] Thanks. There's no weapons in the
room, correct? [Inaudible or nonverbal response given.]
WALKER: Okay. Okay. Do you mind if we look around?
SMITH: Go ahead.
[??]: Sergeant Smith, which is your bunk, top bunk?
SMITH: WALKER: SMITH: WALKER: SMITH: WALKER:
SMITH: WALKER: SMITH: WALKER: SMITH: WALKER:
Yes, sir.
Is this the hat that you had on last night?
No, sir.
Huh?
No, sir. I don't wear hats, sir. [Remainder is inaudible.] Did you
wash a hat?
Sir?
Did you wash a hat this morning?
[Inaudible or nonverbal response given.]
No.
It was wet from the other day from when it was raining. Okay.
Are you sure?
000771
SMITH:
WALKER:
SMITH:
WALKER:
SMITH:
WALKER:
[??]: Is that yours?
WALKER: morning.
SMITH:
WALKER:
SMITH:
WALKER:
SMITH:
WALKER:](https://image.slidesharecdn.com/criminalinvestigativeanalysiscasecasefileindexprepared-220922002615-59ee799c/75/Criminal-Investigative-Analysis-Case-Case-File-Index-Prepared-211-2048.jpg)
![SMITH:
WALKER:
SMITH: wash a hat.
WALKER: SMITH: WALKER: SMITH: WALKER: SMITH:
There's some things we need to talk about, okay? You wash
your hat in the
I washed it off because it had mud on it. Okay.
Because it was in the water.
Is that the hat?
Yes, and I washed it to at least scrub off all the mud because I
had stepped on it. You stepped on it?
It was in my car.
Okay. So, you just told me you didn't wash your hat?
Well, I mean, if you wash it, you put it in the washing machine,
sir. That's how I I just scrubbed all of the mud off of it, that was
it.
Okay. So, when you came in you said Hebner was in the room,
correct? The first time, yes, sir.
Okay. And what time was that?
01, [inaudible.]
Okay. And the second time you came in? He wasn't here.
[Inaudible.]
Well, your roommate said you did.
I scrubbed it out. I didn't wash it. I mean--- Go ahead and sit
down.
----because I had----
Go ahead and sit down.
000772
WALKER:
SMITH:
WALKER:
SMITH: [inaudible.]
WALKER:
SMITH:
WALKER:
SMITH:](https://image.slidesharecdn.com/criminalinvestigativeanalysiscasecasefileindexprepared-220922002615-59ee799c/75/Criminal-Investigative-Analysis-Case-Case-File-Index-Prepared-212-2048.jpg)
![took a shower.
Okay. And what time did you get in?
About 0530, 06.
0530?
To06 [inaudible] and then I hopped in bed and then he came in
after formation
Okay. And when did you see him later on in the day as far as----
Who Hebner?
Yes.
I seen him--I ____ him at 8:30 because that's when I got out of
bed and went and
Is there any ammo in your vehicle?
[Inaudible or nonverbal response given.]
Okay. Did you have any ammo in your vehicle? Have I had
ammo in my vehicle?
Yes.
Yes. Yeah, that was a long time ago.
Okay.
If you want to go through my car, go ahead. Okay.
WALKER:
SMITH:
WALKER:
SMITH:
WALKER:
SMITH:
WALKER:
SMITH:
WALKER:
[??]: Sergeant Smith, what kind of ammo did you have, sir?
SMITH: I had--it was ____ the Teflon rounds, the law
enforcement rounds. [??]: Okay. And what size were--what kind
of gun?
SMITH: It was a----
[??]: I mean, what did it fit? What kind of-- SMITH: It was an
M9. It was an M9.
000773](https://image.slidesharecdn.com/criminalinvestigativeanalysiscasecasefileindexprepared-220922002615-59ee799c/75/Criminal-Investigative-Analysis-Case-Case-File-Index-Prepared-213-2048.jpg)
![[??]: Okay. ODHAM:
SMITH:
all when I was
ODHAM: SMITH: ODHAM: SMITH: WALKER: SMITH:
WALKER: SMITH: WALKER: SMITH: WALKER: SMITH:
WALKER: SMITH: WALKER: SMITH: WALKER: SMITH:
WALKER: SMITH:
Did you--I'm sorry. I am Trooper Odham.
How are you doing? I bought those when I went home on leave
and I shot them back home.
Okay. Back home where?
In Illinois.
Okay.
I let my brother shoot and my shot it too.
Where did you buy--where did you buy at, the ammo? At the
gun store down here at---
So you didn't buy it in Illinois? I still didn't have my----
So you bought it---- [Inaudible.]
So you bought it here in Oak Grove? Oak Grove, back in July.
July.
Yes, sir.
Did you pay cash?
I don't even remember.
Okay.
I bought something like 15 or 20, or something like that. Okay.
Tell me about your patrol duties last night?
We had a ________ case last night.
000774
WALKER:
SMITH:
WALKER:
SMITH:
WALKER:
SMITH:
WALKER:
SMITH:](https://image.slidesharecdn.com/criminalinvestigativeanalysiscasecasefileindexprepared-220922002615-59ee799c/75/Criminal-Investigative-Analysis-Case-Case-File-Index-Prepared-214-2048.jpg)
![WALKER:
SMITH:
WALKER: deer?
SMITH:
WALKER:
SMITH:
WALKER:
SMITH: season.
Okay. Who was your patrol partner?
Aulden.
Okay. Did there come a point where you guys came upon some
deer?
Say what now?
Some deer?
Some deer?
Yeah.
I really don't know----
As far as driving down the road, see some bucks out in the
woods.
I mean, we always go out there and drive around and see bucks.
Okay. Did Aulden make any comments to you, what he would
like to do to the
He said, he can't wait until it's deer season.
Okay.
[Inaudible] because we talk constantly.
Okay. Did he say that he would like to shoot the deer?
Once it comes in season, obviously, because we were speaking
about buck
Did he say he wished he had some spare ammo? I know, I'm
prior military so I
WALKER:
know how the military is on bullets----
SMITH: WALKER:
He did ask if I had some extra ammo and I told him that I
thought I had some, but I didn't. I opened my drawer and it
wasn't there and I told him that I took it out of the car](https://image.slidesharecdn.com/criminalinvestigativeanalysiscasecasefileindexprepared-220922002615-59ee799c/75/Criminal-Investigative-Analysis-Case-Case-File-Index-Prepared-215-2048.jpg)
![[inaudible.]
SMITH:
He----
----and stuff and they actually count the bullets.
000775
So you opened your drawer. So basically when you was in the
car---- No, this was just the drawer on my van. It's where I kept
the rounds at. Okay. Well, let's back up for a minute. You guys
are out on patrol. Right.
You tell Aulden -- what's his last name?
Aulden is his last name.
Okay, Aulden. You tell Aulden -- is he a specialist or?
E3.
E3. You tell Private Aulden that I've got some spare ammo in
my van?
Right.
Okay. You guys go back to the van?
No, we didn't go back to the van.
Okay. Well, when did you open the glove box?
After, after BTD, that's when I was like, well, I guess I ain't got
them, so.
So he was with you?
No, he was not with me.
So you----
I was----
----said, you told him, I don't got it.
I was checking myself.
So you told yourself that I don't have it?
Well, I looked and I thought that I had it, but I didn't. It was
only a little box of
WALKER: I mean, you can see how this is starting to look----
WALKER:
SMITH:
WALKER:
SMITH:
WALKER:](https://image.slidesharecdn.com/criminalinvestigativeanalysiscasecasefileindexprepared-220922002615-59ee799c/75/Criminal-Investigative-Analysis-Case-Case-File-Index-Prepared-216-2048.jpg)
![SMITH:
WALKER:
SMITH:
WALKER:
SMITH:
WALKER:
SMITH:
WALKER:
SMITH:
WALKER:
SMITH:
WALKER:
SMITH:
WALKER:
SMITH:
WALKER:
SMITH:
like 15 or 20 rounds or whatever.
000776
[Inaudible.]
SMITH:
WALKER:
SMITH:
WALKER: van?
SMITH:
WALKER:
SMITH:
Well, yesterday, Sunday, Sunday is when I went back to work.
So this----
Has been two days ago.
----two days ago. Okay. So Aulden wasn't with you when you
went back to the
No, he was not with me [inaudible].
Okay. But I mean, you see how this looks though? Absolutely.
[??]: When you [inaudible] Sergeant Smith, this is how your hat
got dirty?](https://image.slidesharecdn.com/criminalinvestigativeanalysiscasecasefileindexprepared-220922002615-59ee799c/75/Criminal-Investigative-Analysis-Case-Case-File-Index-Prepared-217-2048.jpg)
![SMITH: Yes, sir. No, it had mud on it because I had stepped on
it. I always keep my hat
right here in the center----
[??]: Okay.
SMITH: ----on my console and I stepped on it somehow. I don't
know how I---- [??]: Do you remember what shoes you were
wearing when you stepped on it? SMITH: The ones, the blue
ones out there.
[??]: That you gave the detective?
WALKER: [Inaudible.]
[??]: Did you feel like you had mud on them?
SMITH: On what?
[??]: On your shoes, that got on the hat, maybe?
SMITH: WALKER: SMITH: WALKER:
Roger, [inaudible] it was the mud on the back of the hat.
So you didn't put it inside the washer?
No, I just took it to the sink and I scrubbed all of the mud off of
the hat. Okay. What did you use to brush it off?
000777
SMITH: scrubbed it
WALKER:
SMITH: them.
WALKER: didn't wash
SMITH: WALKER: SMITH: WALKER: SMITH: [??]: Sure.
SMITH: [Inaudible.]
SMITH:
down and rinsed it off; that's all it was. This was the only thing
I put [inaudible] this back right here.
[??]: Sarge, can I see [inaudible], please
[??]: And you don't wear it, you said you just collect them?
SMITH: actually----
WALKER: SMITH: WALKER: SMITH:
I just collect them. I mean, I put them on every once in a while
but I don't
Did we collect the hat, too?
You can take the hat if you want, sir. Okay.](https://image.slidesharecdn.com/criminalinvestigativeanalysiscasecasefileindexprepared-220922002615-59ee799c/75/Criminal-Investigative-Analysis-Case-Case-File-Index-Prepared-218-2048.jpg)
![That's the only one I got for that one.
Spray and Wash, because it was only like a little, maybe a spot
like that, and I off completely.
Okay.
Because I don't like getting hats dirty. I don't like to wear them.
I just collect
Okay. Why did you--I mean, why did you just lie to me and tell
me that you your hat?
I didn't wash it. I scrubbed it off.
Now, you know what I meant.
Okay, I washed it. I scrubbed it off.
Like I said, if you don't want to help me, I can't help you.
I mean, do you want me to show you exactly what I did? I
mean----
I took the hat and I went there, I got the scrub brush----
----the dirt was right here, [inaudible] right here, about that
long, and I scrubbed it
000778
WALKER: Now is there anything else we need to know?
Because like I said, we--I mean, additional stuff pops up, I
mean, maybe it doesn't make you look very----
[??]: Sergeant, it doesn't help your story. It's just not that good
right now, okay. This is a terrible, terrible time.
WALKER: Right.
[??]: It's very important that you tell us the truth the best that
you can remember and you don't need to--to say things you
think we want to hear. You don't want to say things that other
people said. You just need to tell us the things that you
remember, the best you can, as honestly as you can, and you
haven't done that yet.
SMITH: Okay.
WALKER: I mean, I just [inaudible] you are under a lot of
stress, even--I mean, of course, I mean, finding out your wife
was shot and killed, but even before then, you was under a lot
of stress, correct?
SMITH: [Inaudible or nonverbal response given.] WALKER:](https://image.slidesharecdn.com/criminalinvestigativeanalysiscasecasefileindexprepared-220922002615-59ee799c/75/Criminal-Investigative-Analysis-Case-Case-File-Index-Prepared-219-2048.jpg)
![People do things----
[??]: I mean----
WALKER: SMITH:
Okay. People do things that they don't mean to do. Sometimes
it's kind of like a snowball effect, once it starts out small and
then----
SMITH: It just gets bigger and bigger.
WALKER: ----it gets bigger and bigger. You know what I'm
saying? SMITH: I know what you are saying.
[??]: But, as men, it's never bigger than we are.
WALKER: We talked to your kids, okay, and they told us some
stuff.
WALKER:
----you've never been in trouble before, right?
[Inaudible or nonverbal response given.]
000779
[??]: That kids shouldn' t have to know. It's a terrible tragedy of
trauma that they don't need to be a participant in and have to
witness, right?
SMITH: Roger, that's why I want to see my kids, but you guys
won't let me leave.
WALKER: Okay. And so I think you really need to think about
what happened as far as what happened up in E-Town.
SMITH: What do you mean, on Saturday? WALKER: No, I'm
talking about----
[??]: Last night.
WALKER: SMITH: WALKER: SMITH: WALKER:
----last night.
I wasn't even up there.
Or this morning.
I wasn't even up there.
So, I mean, you're sitting out in the parking lot for hours and
hours.
[??]: Sarge, you've just got a lot to think about, you've got a lot
to talk about, a lot of things we've got to work through, and I
can assure you, no matter how long it takes, we will get to the](https://image.slidesharecdn.com/criminalinvestigativeanalysiscasecasefileindexprepared-220922002615-59ee799c/75/Criminal-Investigative-Analysis-Case-Case-File-Index-Prepared-220-2048.jpg)
![bottom and we will get to the truth, and I know that's what you
want. The truth we can help with.
SMITH: I didn't do it. I wouldn't----
[??]: We are all human beings and we each make mistakes.
SMITH: I didn't do it. I didn't even go up to Fort Knox on--or to
Rineyville, I didn't go up there. The last time I was there was on
Saturday.
WALKER: Put yourself in my shoes, okay. Like you said
before, I mean, you said you watch TV and you see stuff on TV,
you see the news reports out. How women are--they turn up
missing and you see the end results a lot of time. What's the end
results?
SMITH: If they do the crime, you always get caught.
WALKER: No, no, no, no, who--a lot of times the person who
committed the crime----
000780
SMITH: Is usually a relative or a person they know.
WALKER: Okay. And that's what we talked about before. And
the reason why we came down here, because you are the
husband, which that's, if you was to put yourself in my shoes,
you-----
[??]: [Inaudible.]
WALKER: ----would have to do the same thing, come and make
contact with me. Now, when we made contact with you, your
story is that, you got off from work, you went and drove 30
miles to look at some vehicles, then you came back to post and
you sat out in the parking lot for a couple of hours, and then
you came up and went to bed. I mean, that's----
SMITH:
WALKER:
SMITH:
WALKER:
SMITH:
WALKER: you gassed
SMITH: WALKER: SMITH:
Well, don't forget about taking to Michelle and Lindsey, too.](https://image.slidesharecdn.com/criminalinvestigativeanalysiscasecasefileindexprepared-220922002615-59ee799c/75/Criminal-Investigative-Analysis-Case-Case-File-Index-Prepared-221-2048.jpg)
![Right, right, you talked to them before you went to the car lot,
correct?
Right, right.
I mean, that's what we've got. That's the only thing we've got to
work with.
I mean, I'll give you the numbers if you want to call and talk to
them.
No, I believe that. I believe that. But that was around 1 o'clock.
That was before up, correct?
[Inaudible or nonverbal response given.] You gassed up at what
time, 1?
1:30 or so.
WALKER:
hours that's
mean, did you talk to anybody else? Did you talk to anybody at
3 o'clock?
1:30, okay. So you gassed up at 1:30. So between 1:30 to 6
o'clock, we've got 5 unaccounted for, other than just going on
your word what you are telling me. I
SMITH: [Inaudible or nonverbal response given.]
000781
WALKER: Is there--can we go out and go to the gas station and
pull video tapes that you was at a gas station at 3 o'clock or at 4
o'clock or anything like that to----
SMITH: WALKER: SMITH: WALKER: SMITH:
WALKER:
the exact times on the credit card information. Well, let's say
it's 1:30. So you gassed up at 1:30 and between 1:30 and 5:30
you said you came back to the Pilot station--which I think you
told me the first time you gassed up at 5:30. So, when you
came--when you stopped back at the Pilot station, you didn't gas
up again, twice?
SMITH: No, I didn't [inaudible.] WALKER: Okay. Are you
sure----
[??]: And I don't mean to interrupt, Sergeant, but when you say
gas up, did you fill up or just how much did you put in? Do you](https://image.slidesharecdn.com/criminalinvestigativeanalysiscasecasefileindexprepared-220922002615-59ee799c/75/Criminal-Investigative-Analysis-Case-Case-File-Index-Prepared-222-2048.jpg)
![remember?
SMITH:
The first time I filled up--I mean, that time I filled up, I----
Well, you said the first time. So when----
Okay. Then why did you just say "first time?"
Because----
Do you mean the first time you went to the Pilot or first time?
The first time I went to the Pilot----
Okay.
----I got gas. The second time, I went and got a drink.
I bought a Mountain Dew----
----to verify your story?
I bought some--I bought a Mountain Dew at the gas station--the
Pilot, again. Okay. What time was that?
5:30, 5/5:30.
Okay. So between 1:30--from the time you gassed up at 1:30--
well, we will get
SMITH: WALKER:
Not the first time. When I did it, it was right after I got done
seeing Michelle and Lindsey, I went and I filled up. That was
the only time that I filled up.
WALKER: SMITH: WALKER: SMITH: WALKER: SMITH:
000782
WALKER: Okay.
[??]: The same Pilot?
SMITH: Yes.
WALKER: Well, let me ask you this, okay. You are on Fort
Campbell around 3 o'clock, so you are going back off post again
to get something to drink?
SMITH: I just like going out there, I mean.
WALKER: But you got to help me. I can't help you if you don't
help me. [??]: Sarge, this ain't looking good at all. It ain't
looking good.
WALKER: SMITH:
Like I said, I'm prior military. Okay, I was stationed at Fort
Knox. I'm--if I'm on Fort Knox, I'm going--not going to drive to](https://image.slidesharecdn.com/criminalinvestigativeanalysiscasecasefileindexprepared-220922002615-59ee799c/75/Criminal-Investigative-Analysis-Case-Case-File-Index-Prepared-223-2048.jpg)
![Radcliff to get me something to drink. You know, I'm sure----
[??]: As much as gas is. How much does gas cost off post?
SMITH: It's cheaper off post than it is on.
WALKER: So you're saying that you gassed up at 1:30, drove to
the car lots in Clarksville, you go to the car lot in Hoptown, you
come onto post, you go to sleep in the parking lot, then you
wake up and you go down to the Pilot station again to buy what
type of soft drink?
SMITH: Mountain Dew [inaudible.] WALKER: Okay. Okay. So,
I mean, I just----
[??]: We just got a lot to work on. There's a lot to find out, and
a long ways to do it. Was there people at that time of the
morning, Sarge, did you see people along the street, people that
you knew or did you stop and talk to anybody?
SMITH: No.
[??]: Did you see any police out in Hoptown or anywhere?
SMITH: I seen Oak Grove.
WALKER:
There's gas stations, probably 24-hour stores here on Fort
Campbell.
There's 24-hour shoppettes.
000783
[??]: Oak Grove cop?
SMITH: [Inaudible or nonverbal response.] [??]: Did he talk to
you or anything?
SMITH: I didn't know who he was.
[??]: I mean, you didn't get pulled over, stopped, or anything,
because you guys probably have a pretty good working
relationship with those guys, probably, don't you? Do you know
some of them?
SMITH:
[??]: Okay.
SMITH:
WALKER: lot, you are
SMITH:
WALKER:](https://image.slidesharecdn.com/criminalinvestigativeanalysiscasecasefileindexprepared-220922002615-59ee799c/75/Criminal-Investigative-Analysis-Case-Case-File-Index-Prepared-224-2048.jpg)
![SMITH:
WALKER:
SMITH:
WALKER: out front?
SMITH:
WALKER: coming and
SMITH: come in.
The only one I know is EK and [inaudible.]
That's all I know.
Okay. So when you was sitting out in the parking lot, when you
say the parking sitting out in this parking lot?
Roger, the big parking lot on post, sir.
Where you came from, the MP Station or?
No, the one here.
Okay.
[Inaudible.]
Did any vehicles come in? Anybody who could verify that you
was sitting out--
[Inaudible or nonverbal response.]
I mean, at that time of day, I'd say there probably wasn't a
whole lot of traffic going. I mean, usually everybody is in bed.
I seen the first sergeant come in and that was at 05, 05 is
[inaudible]. I seen him
[??]: Who?
SMITH: The first sergeant.
000784
[??]: The first sergeant comes in at 05?
SMITH: 05 [inaudible.]
[??]: Did the first sergeant see you?
SMITH: I was sitting out in the parking lot and he just drove
right on in.
WALKER: Okay. Well--okay, he came in at 05 so you're
between 05--so after 05, that's when you went to the Pilot
station, but you got to work with me. I mean, it's not--it's not
adding up.
[??]: Sarge, which one--which locker is yours, sir. SMITH: This](https://image.slidesharecdn.com/criminalinvestigativeanalysiscasecasefileindexprepared-220922002615-59ee799c/75/Criminal-Investigative-Analysis-Case-Case-File-Index-Prepared-225-2048.jpg)
![one.
[??]: The first one?
SMITH: Yes. Only half of it is mine.
[??]: Okay. Which half is yours? The right half, sir? SMITH:
The top half.
[??]: Okay.
[Pause.]
[??]: And you are saying that's [inaudible.]
SMITH: This right here is mine. This is not mine.
[Inaudible.]
WALKER: Get his hat and get it in a bag.
[??]: This is--do you guys share this refrigerator?
SMITH: Roger.
[??]: Have you bought anything to put in here lately, even to
share or---- [Inaudible.]
[??]: That's what you bought?
SMITH: Yep.
000785
[??]: Did you have any other sodas or anything before you
bought it? SMITH: Just a regular Mountain Dew, just one of the
20 ounce ones.
WALKER: But you can see how it looks, some people could
say, well, you gassed up at 1:30- ---
[??]: Why didn't you just----
WALKER: ----you went out of town. I mean, you got back into
town. I believe you was at the Pilot station at 5:30, but some
people may say you gassed up at 1:30, went to Hardin County,
and then came back, and when you came back in you stopped to
get something to drink and you came back to the barracks.
That's how--I mean, that's how some people could see it that
way. I mean, I believe you was at the Pilot twice. The bad thing
about it is that, for you to say that you was in the parking lot at
05 and shortly after 05 you drive back off post to get a
Mountain Dew, I mean, you can see how that looks.
Like, I said, I mean, it's--I mean, it is what it is. Okay. But like
I said, I can't help you if you don't help me. People do stuff](https://image.slidesharecdn.com/criminalinvestigativeanalysiscasecasefileindexprepared-220922002615-59ee799c/75/Criminal-Investigative-Analysis-Case-Case-File-Index-Prepared-226-2048.jpg)
![because they are under a lot of stress. Okay. We're--we're all--
we've all done stuff that we're not proud of doing.
[??]: Sometimes if we have anger issues, this multiplies it and it
gets way out of hand and it's not the first time it's ever
happened, unfortunately. And as men, we can deal with that,
with the truth. Now you are involved in an organization that
believes in the truth, who lives for the truth, we die for the
truth, and that's we need to hear today, tonight, sir. Am I
correct?
SMITH: Yes, sir.
[??]: And that's what you want us to seek is the truth? And I can
tell you, we will, right, Sergeant?
WALKER: You have a big whale on your chest right now, I can
tell.
[??]: The truth, Sergeant, and you know there's men dying there
every day for it, every day, for the simple truth.
SMITH: I didn't go to Hardin County, I can tell you that right
now, because when I go up there all the way, it takes me a little
over 3 hours.
WALKER: We just came down. We know exactly--we know
how you could get----
000786
SMITH:
WALKER:
SMITH:
WALKER:
70 miles an hour all the way. Huh?
70----
We, we know.
[??]: If I was scared, excited, I wouldn't be driving 70 miles an
hour, Sergeant. That's not
going to fly.
WALKER: It's----
[??]: The truth, Sergeant, come on, the truth. Tell us.
SMITH: I was no in Hardin County, sir.
[??]: Okay. That's the truth?](https://image.slidesharecdn.com/criminalinvestigativeanalysiscasecasefileindexprepared-220922002615-59ee799c/75/Criminal-Investigative-Analysis-Case-Case-File-Index-Prepared-227-2048.jpg)
![SMITH: That's the truth. I was not in Hardin County.
[??]: Okay. So if we find one video camera, one tape, someplace
where it puts you in Hardin County, what's that going to be, a
lie?
SMITH: Roger.
[??]: Okay. You know we are going to look and we are going to
look hard, because this is not the kind of thing that happens in
our community every day, you know that.
SMITH: No, sir.
[??]: Thank God. Okay. And I pray for you that you get the
strength to endure this [inaudible]. My heart goes out to you for
the truth, with the truth.
SMITH: I wasn't there. I--I was not there. Period.
[??]: So, do you have any idea who would do this, Sergeant?
SMITH: No. I have no idea who would want to do this. [??]:
Are you curious? Are you curious about that? WALKER:
Obviously, somebody was upset.
SMITH: Yes, yes, I am.
000787
WALKER: SMITH:
Now you would agree that the person who did this was upset?
Yes.
I mean, I--usually people don't get shot for no reason. You've
got to give somebody a reason to shoot them, I mean, right?
[??]: At point blank, in front of small kids, that takes more than
just your average duty shooting, your average deer hunter
doesn't do that, right?
SMITH: I don't know----
[??]: Not every man could do that.
SMITH: And I would never put my kids in harm's way, never.
WALKER: But the kids told us some stuff that does not look
very good for you. Okay?
[??]: And anger and not thinking rationally can make us do
things that we wouldn't normally do. I mean, that's just a fact.
And I trust you, Sarge, you would never put your kids in harm's
way. Consciously, thinking clearly, you would never do that. I](https://image.slidesharecdn.com/criminalinvestigativeanalysiscasecasefileindexprepared-220922002615-59ee799c/75/Criminal-Investigative-Analysis-Case-Case-File-Index-Prepared-228-2048.jpg)
![can tell you love your kids. You would never do that. But you
know, they've got to live through this for how long?
SMITH: The rest of their lives.
[??]: Just like you. They've got to live with it for the rest of
their life, even Matthew.
WALKER:
WALKER: SMITH: WALKER:
SMITH:
say, like, "No, I don't want to talk to him" or "I don't want to
talk to him. He's a bad daddy right now because he's not here."
[??]: Well, he misses you when he says that, right? SMITH:
[Inaudible or nonverbal response.] [??]: And you miss him, do
you not?
WALKER: So you are saying Eion could be lying?
Would there be a reason why your kids would lie?
Sir?
Would there be a reason why your kids would lie, say something
that's not true?
Eion, I mean, Eion gets mad at me when I try to talk to him on
the phone and he'll
000788
SMITH: He's a smart kid.
[??]: And he wouldn't lie, right, Sergeant? He doesn't lie.
WALKER: You are correct. That's the first--you hit it dead on
the nail. He's a smart kid. I'd watch for him, because he is a
really smart kid.
[??]: Very sharp, very respectful, and I believe to be very
honest, and you have a lot to do with that. Sarge, they get a lot
of it from you. So don't hold anything back. [Inaudible] and
don't betray them by leading us on a [inaudible] if that's what's
happened.
They do not deserve this.
WALKER: Is there any reason why the older child, Matthew,
would he lie?
SMITH: Can't think of any.
[??]: Well, Sarge, how do you describe your relationship with--](https://image.slidesharecdn.com/criminalinvestigativeanalysiscasecasefileindexprepared-220922002615-59ee799c/75/Criminal-Investigative-Analysis-Case-Case-File-Index-Prepared-229-2048.jpg)
![let's take Matthew, not your child, your wife's child, right?
SMITH: [Inaudible or nonverbal response.]
[??]: How would you describe that relationship between you and
him?
SMITH: It's been rough.
[??]: [Inaudible.] Such as?
SMITH: I mean, I love Matthew to death and you know, I'm
always----
[??]: But he is not your child. You love your children and I've
saw that. I helped escort them from that house. Some scene that
I will never forget and I've been doing this for a long time.
Terrible wasn't it?
SMITH: Well, I imagine [inaudible].
[??]: Sure you do, you feel it, because you are a part--their
blood is part of you. Your blood is part of them. Horrific----
[??]: You need to talk to us, man. SMITH: [Inaudible.]
WALKER: I mean, are your kids alive?
000789
[??]: Horrific. Sarge, if you were involved, we can get through
this. We can help your kids. We can explain to them. We will
get them all the help we can get.
SMITH: I wasn't there. Okay.
[??]: Okay. Sarge, right now, all the facts, all of the evidence
doesn't tell us that. Okay. It doesn't say that. You have crossed
your story over about 65 times since we have been here, and
your friends, who are loyal to you, have told the truth and it
doesn't match your story. I do see you are upset and you should
be, take it into account. And I can assure you, Sergeant, we----
[??]: [Inaudible.]
[??]: ----will find the truth, okay. I promise you that. There's
several men on the scene right now and there will be tomorrow.
Of course there's going to be autopsies, which will prove some
things, which will tell us all a lot, and you being a guy with
some experience knows some of the things that we can do--we
can do things now. We all know that when someone goes into a
scene, they take things from the scene, they take things into the](https://image.slidesharecdn.com/criminalinvestigativeanalysiscasecasefileindexprepared-220922002615-59ee799c/75/Criminal-Investigative-Analysis-Case-Case-File-Index-Prepared-230-2048.jpg)
![asked what I was going to do with it.
Why did you bring the gun up when we first met? Why?
Yeah.
I don't know.
I didn't say anything about a gun.
I mean, all this divorce stuff and----
WALKER: SMITH:
WALKER: ago.
SMITH: WALKER: SMITH: WALKER: SMITH: WALKER:
SMITH: WALKER: SMITH: WALKER: SMITH: WALKER:
SMITH:
WALKER:
detectives have been doing it longer than me. When we met
earlier this evening, the first thing you brought up was this
Ruger. Hell, it's amazing how you brought this Ruger up and we
didn't mention anything about firearms. Why would you--why
would you disclose that to us?
SMITH: Because my commander told me that she was shot and
she was killed. WALKER: Okay.
[??]: [Inaudible.] What did the commander tell you again
[inaudible] and what? SMITH: He said they were killed; they
were shot.
I've been doing this 12 years and he's been doing it longer than
me, and other
000791
WALKER: SMITH:
But why would you--okay, they was shot; they was killed; but
why would you--so I guess you assumed that you was a suspect
or is that why you wanted us to know?
SMITH: I mean, if you guys are interviewing me, I am assumed
to be a subject. WALKER: Well, we have witnesses; you knew
the victims, I mean.
I wasn't BSing you earlier when I told you we were going to
have to go out and interview everybody that has--that are
friends or family members of Tracy and Karen. I mean, I wasn't
BSing you on that. But I mean, I thought it was kind of odd that](https://image.slidesharecdn.com/criminalinvestigativeanalysiscasecasefileindexprepared-220922002615-59ee799c/75/Criminal-Investigative-Analysis-Case-Case-File-Index-Prepared-232-2048.jpg)
![you, as soon as we sat down, you was talking about this Ruger,
that happens to be a 9mm.
[??]: And Sergeant Smith, I know sometimes it's hard to----
WALKER:
WALKER:
SMITH:
WALKER:
SMITH:
[??]: A military policeman.
Okay.
[Inaudible.]
Oh no, we'll go--I take that back. Is it .40 or .45, you said?
Ithinkitwasa.40ora.45. Ithinkitwasa.40.
You think? Now, this is your gun. You're a military guy. Well, I
got it from her dad.
WALKER: How long did you have the gun? I don't care if you
are a cook. If you are in the military, you know the difference
between a .22, a 9mm and so forth and so forth. Now, you got
the gun from?
SMITH:
WALKER:
SMITH:
Her dad.
Her dad.
Right.
So when did you get the gun from her dad? Like I said, we're
probably in the
WALKER:
process of talking to him as we speak.
[??]: Well, we already know how he got the gun. We know what
happened. SMITH: Easter.
000792
WALKER: SMITH: WALKER: SMITH: WALKER: SMITH:
Easter of 2007?
Right.
You fired a gun?](https://image.slidesharecdn.com/criminalinvestigativeanalysiscasecasefileindexprepared-220922002615-59ee799c/75/Criminal-Investigative-Analysis-Case-Case-File-Index-Prepared-233-2048.jpg)
![At home in July.
Because you bought bullets for a gun? Yes.
So you know what bullets you bought, you went to the store and
said, I want a
WALKER:
box of .40. I want a box of .45. Correct?
SMITH: WALKER: SMITH: WALKER: SMITH: WALKER:
SMITH: WALKER: SMITH: WALKER:
SMITH: WALKER: SMITH: WALKER:
SMITH:
at home. That
Yeah.
So which is it? Is it .40 or .45?
That one is a .40, but I bought other rounds for my dad's pistol,
too. The Ruger is a .40?
Yes.
The one that you gave Tracy?
Yes.
So now you are confident it is a .40?
Yeah, it's a P--P90, something like that.
Just a minute ago, you wasn't sure if it could have been a .45.
You see where I'm going with this?
I don't. I'm thinking right now, okay.
So it's a .40?
It's a P90, I think is what it's [inaudible.]
Okay. Ruger P90/40.
It had a 9 in it. I can't remember. I barely looked at it. I only
shot it that one time was it. That was the only time I ever
looked at it.
000793
WALKER:
SMITH:
WALKER:
SMITH:
WALKER:
SMITH:](https://image.slidesharecdn.com/criminalinvestigativeanalysiscasecasefileindexprepared-220922002615-59ee799c/75/Criminal-Investigative-Analysis-Case-Case-File-Index-Prepared-234-2048.jpg)
![WALKER:
SMITH:
WALKER:
[??]: Expensive stuff.
SMITH: WALKER: SMITH: WALKER: SMITH:
Roger.
What day was that?
That was in July, the first part of July.
Okay.
Either the end of June, very end of June, or the first part of
July.
How many times did you shoot it?
I only shot, damn, 15/20 rounds, that's it.
How many rounds?
Between 15 and 20.
15/20.
I had a whole box of the Teflon rounds [inaudible].
It's a box of 50, right?
No, they come in a box of 20, but they are Teflon rounds. Okay.
So you got the good stuff then.
WALKER: SMITH: WALKER:
SMITH:
to Grandpa's, okay, when I went to Grandpa's before I went
home on leave, I bought 12-guage, I bought .22, I bought .32, I
bought 9mm for my grandfather's weapon, and I bought .40s. I
spent close to $80 on rounds, $80 to $90 on rounds
[??]: On the same day, Sergeant; the same store down here you
are talking about? SMITH: Yes, at Granpa's.
[??]: At where? Is it called "Grandpa's?"
The stuff that we use. Okay. So you knew you shot the whole
box, right? Right.
So why did you tell your patrol partner that you may have some
ammo?
I thought I might have ammo left from a different weapon. I
mean, when I went
000794](https://image.slidesharecdn.com/criminalinvestigativeanalysiscasecasefileindexprepared-220922002615-59ee799c/75/Criminal-Investigative-Analysis-Case-Case-File-Index-Prepared-235-2048.jpg)
![WALKER:
SMITH:
WALKER:
SMITH:
WALKER:
SMITH:
WALKER:
SMITH
WALKER:
SMITH:
WALKER:
SMITH:
WALKER:
SMITH: myself shot
So I am assuming you probably used a credit card? Roger.
Was that the U.S. Bank?
Roger.
All right. Is that the only credit card you have? Roger.
It was $80?
$80 or $90, I think. It was about $80.
And you think it was July?
I went on July 1st on leave [inaudible].
Okay. Did you shoot this gun in Illinois?
Yes.
Okay.
Because with [inaudible], Price, my little brother, and my dad
also shot it, and it.
[??]: So you bought, what did you say, almost $80 or $89 worth
of ammo? WALKER: So we are going to----
[??]: Where is this ammo at, Sarge? Where's all that ammo?
SMITH: That's all inside the house in Illinois.
[??]: Illinois, okay.
SMITH: WALKER: SMITH: WALKER:
Because my grandfather has got all of the weapons up there.
Okay. Now where's the----
He has my 12-guage and my .22.](https://image.slidesharecdn.com/criminalinvestigativeanalysiscasecasefileindexprepared-220922002615-59ee799c/75/Criminal-Investigative-Analysis-Case-Case-File-Index-Prepared-236-2048.jpg)
![Okay.
000795
SMITH: The .32.
WALKER: But at one time they was at your house and when
you moved to the barracks you had to take them to--send
everything to----
SMITH:
WALKER:
SMITH:
WALKER: Tracy the gun?
To Illinois.
----Illinois.
Because I can't keep it here in the barracks.
Now when did you--where did you get the gun--at what location
did you give
SMITH: WALKER: SMITH: WALKER:
[??]: Was that----
At the house.
Here in Clarksville?
[Inaudible or nonverbal response given.] And how long ago was
that?
SMITH: About two weeks ago, because actually she came to the
house and it was laying on the couch, and she--she asked me
again about it [inaudible] and I was like, "Here, just go ahead
and take it." I said, "I don't need it and I can't take it on post."
I'm not [inaudible].
WALKER: You thought it was two weeks ago?
SMITH: Because she was saying she needed the money and her
dad was--she just wanted to get it back to her dad. Because she
fought really hard for that pistol in the divorce.
WALKER: SMITH: WALKER: SMITH: WALKER: SMITH:
So, basically it sounds like that--that this gun, you got it from--
--
Her dad.
----Sergeant Aulden, two weeks ago. I mean, that's what he is
telling us. Do you mean Sergeant Devane?](https://image.slidesharecdn.com/criminalinvestigativeanalysiscasecasefileindexprepared-220922002615-59ee799c/75/Criminal-Investigative-Analysis-Case-Case-File-Index-Prepared-237-2048.jpg)
![Huh?
Sergeant Devane?
000796
WALKER: SMITH: WALKER: SMITH:
WALKER:
why did Sergeant Devane have the gun, because of domestic?
Were you ordered to give Sergeant Devane the gun?
SMITH: safety because
WALKER: SMITH: WALKER: SMITH: WALKER: SMITH:
WALKER: SMITH: WALKER:
I gave Sergeant Devane the gun just for my own personal, you
know, advanced he understood the stress that I was going
through and----
So you weren't ordered by no chain of command to give----
[Inaudible or nonverbal response given.]
Are you sure?
Yes.
Okay. So you freely----
I gave it to him freely because---- Went to Sergeant Devane and
said---- Right.
----I'm having personal problems?
SMITH:
gave him the gun.
WALKER: correct.
SMITH: WALKER: SMITH:
He said--he said he didn't want me to do anything stupid so he
fucking took it or I So did he ask for it or did you come to--I
mean, this is important to get this
He--he--he asked me about the weapon. Okay. So he knew you
was under stress? Right.
Sergeant Devane.
It might have been about three weeks ago and I had it in my
house for a week. Okay.
It was just sitting in my house.
Well, why did you get the gun back in the first place? Well, let
me ask you this,](https://image.slidesharecdn.com/criminalinvestigativeanalysiscasecasefileindexprepared-220922002615-59ee799c/75/Criminal-Investigative-Analysis-Case-Case-File-Index-Prepared-238-2048.jpg)
![000797
WALKER:
SMITH:
WALKER:
SMITH:
WALKER:
So he takes the gun, about three weeks ago or two weeks ago?
About three weeks ago.
Three weeks ago. And a week later, Tracy comes----
Picks up the weapon.
Picks up the weapon. Why did you ask Sergeant Devane for the
gun back?
Just because I was clearing out my house, because that was in
my van and I can't
SMITH:
have it in my van coming on post and it was in my van.
WALKER: Okay.
SMITH: And that's why I gave it to him, because I didn't want
to get in trouble. Because if I have a weapon that is registered
on post, I could get apprehended----
WALKER: And charged. Right. Right. I know, I lived in the
barracks. You have to have everything registered and whatnot.
So, Tracy comes to the house, she picks up the gun; you don't
know what Tracy did with the gun afterwards?
SMITH: She went to the--she could have put it in her storage
unit over on Summerhaven Storage [sp] or she could have took
it home with her. I don't know.
WALKER:
SMITH:
WALKER:
SMITH:
WALKER: the divorce
SMITH:
Did she say what she was going to do with it?
She said she needed money. She was going to pawn it, but----
But you said our divorce, it sounded like she wanted the gun](https://image.slidesharecdn.com/criminalinvestigativeanalysiscasecasefileindexprepared-220922002615-59ee799c/75/Criminal-Investigative-Analysis-Case-Case-File-Index-Prepared-239-2048.jpg)
![because----
She did want the gun.
----it was for sentimental reasons? Or, I mean, is it mentioned
in the paperwork, proceedings?
Roger.
Did you get the impression that she wanted the gun because it
was sentimental, SMITH: To her parents, but I bought her dad
the Glock [inaudible] millimeter.
WALKER:
meaning it belongs to her parents?
000798
WALKER:
SMITH: dad----
WALKER:
SMITH:
WALKER: she got this
SMITH:
WALKER:
I got my gun from Brent. And if nobody--I have a feeling that
nobody is going to tell us that, yeah, Tracy said that she got the
Ruger. That's just--I'm just taking a good guess that's the
response we are going to get. When we go ahead and talk to
Curt, where she's living, in their house, he's probably going to
not have a clue what we are talking about when we ask him if
Tracy came home with a gun.
SMITH:
WALKER:
SMITH:
She probably could have gotten [inaudible] too.
She could have did a lot of things. But you see how this makes
it look on you? [Inaudible or nonverbal response.]
But you think that she wanted it because she wanted to pawn it?
I thought she was going to pawn it [inaudible.] And I paid $550
for a gun for her
Okay.
----and then he gave me $300 and that pistol as a--like a barter](https://image.slidesharecdn.com/criminalinvestigativeanalysiscasecasefileindexprepared-220922002615-59ee799c/75/Criminal-Investigative-Analysis-Case-Case-File-Index-Prepared-240-2048.jpg)
![gift.
So she got this gun and more than likely she probably told
family members that gun. Does that make sense?
Probably.
So we need to go out and interview people and see if she told
anybody that, yeah,
[??]: When did you give her the gun?
SMITH: About two weeks ago.
[??]: Okay. I just finished talking to Sergeant Devane. He said
you picked up the gun 10 days
ago.
SMITH: 10 days ago?
[??]: 10 days ago; Friday.
SMITH: I picked it up before that.
[??]: Friday before, because he's been on lockdown and it was
the day before he went into lockdown at the NCO Academy. He
left it in the front seat of James'----
000799
SMITH: That's been probably two weeks ago [inaudible].
[??]: He--he was for certain that it was the weekend before,
because he said he was off. He had to work and then he was not
going to be--not going to be at home. He worked platoon duty
Monday and Tuesday and then he was off for a couple of days,
and then he went straight into lockdown on the 6th. He was
very, very adamant about that. Very adamant about the date. He
said it was no more--he said it was a Thursday or Friday
night/Saturday morning and the weapon was placed in its case,
in the front of James' van, under the seat.
SMITH: [Inaudible.]
[??]: I believe he said, "James."
SMITH: James Blank.
[??]: James Blank.
SMITH: It was in his--it was underneath the driver's seat.
[??}: The driver's seat; and he said that was on--on or about, I
think he said, the 1st or 2d, whatever that Friday would have
been, Friday night, Saturday morning. Because he was not home](https://image.slidesharecdn.com/criminalinvestigativeanalysiscasecasefileindexprepared-220922002615-59ee799c/75/Criminal-Investigative-Analysis-Case-Case-File-Index-Prepared-241-2048.jpg)
![that night, because he went out with some friends to go drinking
because he knew he was getting ready to go into lockdown at
the NCO Academy.
SMITH: I didn't know he was going to PLDC until last week.
[??]: That's what he told me.
SMITH: No, it's been about two weeks ago that I got the
weapon, sir. [??]: According to him, you didn't pick it up from
his house.
SMITH: No, I picked it up from James.
[??]: Well, James lives right next door, correct?
SMITH: Yes.
[??]: So, I mean, basically we are still talking about the same
thing. He said it was 10 days ago, not 14, not more than 14.
WALKER: So you went out and got it from a vehicle. Did he
know you were getting it?
000800
SMITH: Roger.
[??]: Why did he have--why did he have the weapon in the first
place?
SMITH: Just for my personal safety and he didn't want me to do
anything stupid.
[??]: So he was concerned that you might do something stupid
with the weapon?
SMITH: I guess, me, yea, because he understood I was under a
lot of stress, because me and him talk a lot and he didn't want
me doing anything bad against me.
WALKER: While you was gone, we was talking to Sergeant
Smith and we went over the timeline. Apparently, which I
believe he was at the gas station twice. He gassed up at 1:30;
then he came--he went looking at the vehicles, he got back to
post around 3, and he sat out in the parking lot until around 5,
seen the first sergeant come in, and he got a little thirsty and
went back off post to the Pilot to buy a Mountain Dew, and
came back on post. And I was telling Sergeant Smith that--that's
a little problematic right there as far as, him sitting on post at 5
o'clock in the morning and he decided to go back off post for a](https://image.slidesharecdn.com/criminalinvestigativeanalysiscasecasefileindexprepared-220922002615-59ee799c/75/Criminal-Investigative-Analysis-Case-Case-File-Index-Prepared-242-2048.jpg)
![Mountain Dew.
[??]: Absolutely.
WALKER: Then we talked about the hat, where initially he
didn't have a hat on or he didn't wash a hat, but then he did. He
didn't wash it in the washer, he admitted he washed it by hand,
but he didn't really understand what I was talking about as far
as--he thought I was--the reason why -- I'm not saying he lied to
me -- but he was under the impression that I was asking if he
had washed it in the washer. That's why he didn't disclose the
fact that he washed it by hand, because I didn't----
[??]: Sergeant Smith, how long have you been an MP?
SMITH: Since----
[??]: Trooper Odham, can you close that door for me, please?
ODHAM: Yeah, sure can.
SMITH: Since '99.
[??]: Since '99, okay. So you've been doing this what, coming
up on 8 years now? SMITH: Yes, sir.
000801
[??]: All right. When you respond to a call and you are talking
to people, you get the idea and the impression from talking to
them when they are telling you the truth and when they are
telling you a lie?
SMITH: [Inaudible or nonverbal response.] [??]: Do you think
you're pretty good at it? SMITH: Sometimes, sir.
[??]: My job, I've kind of got a unique job in the state police
and I'm what they call a forensic interviewer. I’ve been trained
to look at people when they are talking to me, I’ve been trained
to look at body signs, body language, verbiage, the whole nine-
yards. Right now I can honestly say that I probably caught you
in approximately four or five lies, if you will.
WALKER: Also, Detective Gillingham, we haven’t discussed
about the ammo, as far as what happened on patrol the other
night and initially he didn’t have a clue what I was talking
about, but then he did recall that he thought he had some ammo
in the van and he actually went out and checked the glove box
and realized there was no ammo in the glove box and we had](https://image.slidesharecdn.com/criminalinvestigativeanalysiscasecasefileindexprepared-220922002615-59ee799c/75/Criminal-Investigative-Analysis-Case-Case-File-Index-Prepared-243-2048.jpg)
![talked about that for a little bit.
[??]: You know, here’s my thinking. Again, I’ve been doing this
coming up on 14 years now. I’m pretty darn good at what I do. I
believe if we look at cell phone records, we’ll see you made a
call to your ex-wife, soon-to-be ex-wife on or about 7--on or
about Saturday, somewhere around 11, 11:30 in the morning.
She had a friend standing right next to her who heard the entire
conversation. Now you originally told me that you spoke to her
last Wednesday or Thursday. I believe I can prove----
WALKER: Yeah, you said that you called----
[??]: I believe I can prove that you talked to her on Saturday.
WALKER: SMITH:
It wasn’t--you remember, if we made a phone call----
Roger.
----if a person picks up, it’s going to give us how many seconds,
how many minutes. You said that you hadn’t talked to her, you
said it was last Wednesday, right?
WALKER:
000802
However, we’ve got information that apparently you did have a
conversation with her and we are probably going to find out that
there was a conversation since Saturday.
[??]: I talked to a lot of people----
WALKER: And what he just said, that there was some Saturday.
[??]: ----and here’s—here’s what I’ve determined so far:
Number one, I’ve talked to several people and they say, number
one, you have an anger problem. A lot of people have said that;
Number two, like I said, I’ve caught you in several lies. That’s
going to be a problem; Number three, several people have said
you love your kids more than anything and you’d rather see
your wife dead than for her to have the kids; Number four, she
probably may or may not, we hvaen’t proved it yet, probably
been having an affair on you. That’s got to weigh heavy on a
person.
WALKER: And that’s what we told you before, I mean,
people—you’re a good guy---- [??]: Right.](https://image.slidesharecdn.com/criminalinvestigativeanalysiscasecasefileindexprepared-220922002615-59ee799c/75/Criminal-Investigative-Analysis-Case-Case-File-Index-Prepared-244-2048.jpg)
![WALKER: ----people have said----
[??]: Here’s--here’s what I need. Here’s what I need to find out
– in my opinion, you got off work last night at 2227 hours. I
know that because I talked to PFC Aulden and he said that he
called his wife as soon as he and you walked out to your
vehicles going off duty last night. He looked that up on his cell
phone. He called her at 2227 hours. I believe you left. You may
have done--run an errand, talked to----
WALKER: Lindsey and Michelle.
[??]: ----Michelle and Lindsey for a little bit. WALKER: We
believe that. We believe that.
[??]: Come back to your room. But then we have almost 7 hours,
6 and a half hours that we can’t account for where nobody seen
you, you have no alibi, you told us you got here at 5 o’clock in
the morning; your roommate woke up at 5:30, you were not
here. He left at 0605 to fallout for his formation, go outside and
smoke a cigarette before his 0630 formation; you were not here
when he returned at 0635. You were here in the room. He talked
to you briefly. You said you’d been out all night. He comes
back about 0900; you’re doing laundry. Okay. I’m looking at
this from a logical standpoint. If I had been out all night, I
know I’ve got to get up at
000803
0900, thereabouts, to fall-in for formation, do PT at 0930, do PT
until 1100, and then I know I’m going to have a little bit of
hygiene time and then I know I have to report at 1230 or 1330,
depending on what time my formation is to report in to go to
work, and I’ve only had 2 hours of sleep. I’m not going to--or I
only had 2 hours to sleep, 2 and a half hours sleep, I’m not
going to be doing laundry. I’m going to be--I’m going to be in
my rack going to sleep. Okay.
I talked to PFC Aulden. You were tired all day. You were
falling asleep while you were working, because you’d been up
all night. Okay. No alibi. We know you called your wife on
Saturday. We know you went and got the gun less than two
weeks ago; a week and a half ago, to be more specific. We know](https://image.slidesharecdn.com/criminalinvestigativeanalysiscasecasefileindexprepared-220922002615-59ee799c/75/Criminal-Investigative-Analysis-Case-Case-File-Index-Prepared-245-2048.jpg)
![you asked PFC Aulden what kind of ammunition would be good
to go shoot dogs, and he said, I would recommend ball—ball
ammo, or if I really wanted to do the affect, I’d get hydroshocks
or something like that. You indicated to PFC Aulden you had
some ammunition in your vehicle -- 9mm. The bullets recovered
at the scene, preliminary examination, reveals that they
probably are 9mm. They are being sent to our lab to confirm
that. We will know that.
We have witnesses that say they saw somebody in the area last
night. We know approximately what time. Everything right now,
is pointing to you. Okay. So, I need to find out right now what
kind of person you are. You know, is this something that you’ve
been planning ever since your wife left? I don’t think so. You
did--how long were you in Afghanistan?
SMITH: About 12 and a half months. [??]: 12 and a half
months. High stress, right? SMITH: [Inaudible.]
[??]: High stress. You come back, find out your wife may or
may not have been cheating on you. She leaves; she goes. She is
going to take the kids away from you. Your whole world, as you
know it before you deployed to Afghanistan, has been turned
upside down. Right? But that’s got to weigh heavy on a person.
There’s got to be a lot going on in your mind.
Sergeant Devane even said, “Something’s not right. You know,
he’s under a lot of stress. I’m here to try to help hi m.” He takes
your weapon from you to make sure that you don’t do
something. Okay. A couple of days later, he thinks you are
better. You know, things have
000804
calmed down a little bit. He allows you to have your weapon
back. But, you know, the divorce is getting ready to go final. It
will be final sometime this week, correct?
SMITH: That’s the last I heard.
[??}: That’s what you heard?
SMITH: [Inaudible or nonverbal response.]
[??]: You know, if I fought that hard with my—with my soon-
to-be ex-wife and took the gun that I wanted and I took so much](https://image.slidesharecdn.com/criminalinvestigativeanalysiscasecasefileindexprepared-220922002615-59ee799c/75/Criminal-Investigative-Analysis-Case-Case-File-Index-Prepared-246-2048.jpg)
![trouble to go back to ccourt and get a court order to get the gun
back, and I finally get that gun back, I’m not going to turn
around and give it right back to her. You don’t fight that hard
and then just turn around and give it up. Do you see what I’m
saying? There’s a lot of inconsistencies.
The timeframe in which you have no alibi is consistent with the
timeframe it would take to drive the 147 miles from here to the
house in Rineyville and back. I think you did go there. I think
you did shoot them. I don’t think it was premeditated. I don’t
think you’ve been planning this for months and months and
months or however long you and she have been separated. I
think she was gettting ready to take your kids away. I think that
bothered you immensely because from what everybody I hear,
says you just absolutely love your kids.
Am I right?
SMITH: [Inaudible or nonverbal response.]
[??]: I got to hold Regan. For some reason, she just took a
liking to me.
WALKER: We----
[??]: I can tell, she’s probably a daddy’s girl. Am I right?
SMITH: [Inaudible or nonverbal response.]
WALKER: We had touched base about the kids. I told Sergeant
Smith that the kids seen some stuff but we didn't go into detail
about what they saw.
[??]: I spent almost 4 hours with Eion and Reagan today, as well
as Matthew. I talked to them. I know what they told me. Okay. I
know what they told me.
WALKER: And they saw some stuff, like I said before.
000805
[??]: So, like I said, right now I want to find out, you know,
what kind of person you are because I think here very shortly
we will be able to prove, beyond a reasonable doubt, that you
did this. Okay. You know--you know the old saying goes, those
who help others, help themselves. You know, that kind of thing.
I think we're at that point now. Like I said, I don't think--I don't
think you went up there with the intention of--of killing her. I](https://image.slidesharecdn.com/criminalinvestigativeanalysiscasecasefileindexprepared-220922002615-59ee799c/75/Criminal-Investigative-Analysis-Case-Case-File-Index-Prepared-247-2048.jpg)
![think that just something happened, something snapped,
something happened. I don't know what yet. But I don't think
this is something that you've been planning for a long time. I
don't think you're a----
WALKER: Like, I said, she was messing around on you.
[??]: ----I don't think you're a murderer. Okay. In the sense of
going out there and doing ruthless killing. I think you're the
kind of person that feels sorry for what you did. And all of the
stress that you've been going through and having to deal with
this. You know what, I think it's weighing heavy on you. And
you know what, in my past, from what I've been able to
experience doing this for almost 14 years, if you don't get this
off your chest now, it's going to build and build and build. I
don't want to see that happen to you. If something happened, we
need to get you some help. That's our number one priority.
Number two, we need to make sure that your children fully
understand, number one, what happened and that they also get
the help that they need. That's my primary concern. My
concerns are always for the children. They witnessed something
dramatic this morning. Okay. Very dramatic. I've already got
counselors lined up for them. I'm making sure, number one
priority, they are taken care of.
Like I said, I think you did it. You know, so, you know,
basically what I'm asking you is, you know, I can't guarantee
you anything. I can't make you any promises. If I sit here and
said, I'm going to promise you this, that, and the other, I'd be
lying to you. I'm not going to do that. That's not the way I work.
But it has been my past experience those who help themselves,
you know, now's the time. You know, you talk to any
prosecutor, you talk to any judge, somebody who cooperates,
somebody who admits their guilt, somebody who's truly sorry
for what they did, is going to get a whole lot--off a lot easier
than somebody who goes in and denies it and then it ends up
getting proven. You know, what I mean? You are an MP. You
know that. You've seen it before.
WALKER: That's the first thing a prosecutor--he was at the](https://image.slidesharecdn.com/criminalinvestigativeanalysiscasecasefileindexprepared-220922002615-59ee799c/75/Criminal-Investigative-Analysis-Case-Case-File-Index-Prepared-248-2048.jpg)
![scene, the prosecutor. That is the first thing he is going to ask
us is, is--I mean, how he treated us, as far as, did he give us----
000806
[??]: And I mean, so far, you've been cooperative. WALKER:
Did he give us a bunch of BS.
[??]: You've been very cooperative and we definitely appreciate
that, and that is something that we can tell him. Like I said, I
can't promise you that it's going to help. Generally, it does. As a
general rule, it does. You've been very cooperative. You've
allowed us to do all this other kind of stuff. Come up here, look
at your room, look at your van, talk to you and everything like
that. You know, that goes a long way. That shows that you are
trying to cooperate.
But, number one again, you know, I need to know that you are
sorry for what you did. That's what I need to know. Number
two, I need to know where that weapon is, because I want to
make sure it doesn't fall into the wrong hands and a kid get a
hold of it and end up doing something with it, you know? My
worse fear is having a weapon lying around somewhere where
somebody else can get it that does not have training and doesn't
know what to do and ends
up shooting
SMITH:
[??]: You
SMITH:
WALKER:
SMITH:
WALKER:
SMITH:
WALKER:
[??]: Then why would you sit here and---- WALKER: ---your
kids are lying?
[??]: ----tell us these lies over and over and over again?
You know--you know, the big thing--the old saying, you're
digging yourself deeper and deeper and deeper, that's where you
are at right now. You know, you are about right here up to the](https://image.slidesharecdn.com/criminalinvestigativeanalysiscasecasefileindexprepared-220922002615-59ee799c/75/Criminal-Investigative-Analysis-Case-Case-File-Index-Prepared-249-2048.jpg)
![head.
their baby brother or their little sister. Do you understand what
I'm saying? I gave it to Tracy. I don't know where it's at.
gave it to Tracy?
Yes. I do not know what she did with it.
So, so basically you're telling us that you are not involved or
just---- No, I'm not----
----or we're just----
I'm not involved at all.
So your kids----
000807
WALKER: So your kids are lying to us? They are lying. They
are trying to get you in trouble?
[??]: And they are going to suffer. From this day forward,
because they don't understand. WALKER: So any lie----
[??]: And I'll tell you----
[??]: And maybe if we had the answers----
WALKER: ----Eion's a liar.
[??]: ----I'll tell you something.
WALKER: Eion's a liar then.
[??]: I'll tell you something Eion told me today.
WALKER: I need to go back and reinterview Eion and see why
he's lying to me. [??]: I'll tell you something Eion told me
today.
WALKER: Is that what you want me to do?
[??]: Want me to tell you what Eion told me today? SMITH:
[Inaudible or nonverbal response.]
[??]: He told me, "You need to take my daddy to jail." He said,
"Because he shot my mommy." That's what Eion told me. I'll
show you the video right now. I've got it out in my car. He
watched it all the way down here, because I interviewed him.
Eion told me that you shot his mommy. He's 5 years old. How
do you think that's going to affect him. And then when I have to
turn around and explain to him several years later, I interviewed
his daddy and his daddy sit there and lied to me over and over
and his daddy wasn't sorry. How do you think that's going to](https://image.slidesharecdn.com/criminalinvestigativeanalysiscasecasefileindexprepared-220922002615-59ee799c/75/Criminal-Investigative-Analysis-Case-Case-File-Index-Prepared-250-2048.jpg)
![affect him? Because I've got to tell him the truth. I can't lie to
kids. I can't do it. His daddy wasn't sorry. How do you think
that's going to affect him?
SMITH: It's going to affect him the rest of his life.
[??]: It is. It is. But just like with an alcoholic, somebody who
has a problem. You know, you can't help that person until they
admit they have a problem. Okay. That's step number one,
whether it's a drug problem, a wine problem, an alcohol
problem, a stealing problem, whatever
000808
else. First of all, you've got to admit that you've done wrong.
We can't help you, until you help yourself. That's the bottom
line. I need to be able to go back and tell your kids, yes, this is
what happened. He's sorry he did it. This is why he did it. Now
that we know that----
WALKER: Just move on.
[??]: ----let's move on. Let's get you--let's get to that--those
stages of the human process. Let's get some counseling. Let's
get over our grief. Let's get over our anger. Let's move on to,
you know, understanding why this happened and get on with it.
That's what I think.
Correct me if I am wrong.
You've been through this. You've seen how it works. You know -
-you know this whole process. You know when something
happens, you know. Have you ever had to go tell somebody that
somebody died in a car accident?
SMITH: [Inaudible or nonverbal response.]
[??]: And at first there's what? What's the first thing? Denial,
right? No, it can't be. No, it can't be. Or having to come back
here and tell somebody that, you know, their loved one was
killed while deployed in Iraq or Kosovo or Afghanistan or
Bosnia or anywhere else that you all deploy to. You know, first
is denial. Then it's anger. Why did it have to happen? Why did
they do this? Why did they do that? Why did they have to
deploy? Da, da, da, da, da. Why did they have to be out in the
car? Why did they have to be drinking and driving? You know,](https://image.slidesharecdn.com/criminalinvestigativeanalysiscasecasefileindexprepared-220922002615-59ee799c/75/Criminal-Investigative-Analysis-Case-Case-File-Index-Prepared-251-2048.jpg)
![da, da, da, da, da. Then once they finally get over the denial
phase and then the anger phase, then they start getting into the--
the--I call it the sad phase, where they are depressed all of the
time. They're not knowing what's going on. What's happening?
Why things are going the way they are. Why the world is being
so mean to them. This, that, and the other. Once they finally get
through that stage, then they start the healing stage, where they
can start to accept it. Once they start to accept it, then they can
get on with their lives. If they don't go through that chance--go
through those stages, guess what? The chances of them leading
a normal life are--are very, very slight. So, you know, luckily
your kids are small right now. They can get through this. But
they've got to know what happened. They've got to know. I've
got to be able to get them through this stage. I've got to be able
to walk them through this process. I've got to make sure that
they have
000809
everything that they need so that they can get through this,
because I don't want your kids to suffer. Okay? I don't want it
to happen.
WALKER: And I think----
[??]: I don't want to tell them that their dad---- WALKER: Now,
I think----
[??]: ----come up with a plan and went up there and said, I'm
going to kill this bitch because she's taking my kids away. I
want to be up there and go--go up there and say, your dad had a
bad time. He had a bad experience. You know, something
happened. This is what happened. He didn't mean to, it's just
something just happened. Something just snapped and he lost it
for a little while. He's better now. He's going to work through
this. He's going to get help. We need to get you help. That's
what I need to do for them.
WALKER: Yeah, I think they're sitting there and if we had a
time machine right here in front of you, I guarantee you'll
probably jump in it and go back 24 hours.
Am I correct? [??]: You'd change everything.](https://image.slidesharecdn.com/criminalinvestigativeanalysiscasecasefileindexprepared-220922002615-59ee799c/75/Criminal-Investigative-Analysis-Case-Case-File-Index-Prepared-252-2048.jpg)
![WALKER: Am I correct?
SMITH: I wasn't there, so I mean, I can't change what
happened. I was not there.
[??}: Well, I mean, basically what it's going to come down to is,
we are going to have to prove it, and like I said, my opinion, I
think we are going to prove it. And then, I hate to be you,
because if I do prove it, and I believe I will, I will tell the
prosecutor that, number one, you weren't sorry. We gave you
ample opportunity to tell us about it and you chose not to. You
know, you know, you are looking at--you know, if you did this,
you are looking at two counts of premeditated murder as we
stand right now. Two death penalties in Kentucky. Two death
penalties, that's what you are looking at. That's maximum.
That's worst case scenario. That's worst case scenario.
WALKER: So Eion is lying to us. Matthew is lying to us. Is that
what you are telling us?
000810
[??]: So if we prove this, it's going to be two counts of
premeditated murder. Unless we have some other reason, some
other explanation as to why this happened, and only you know
that. So, if you don't want----
WALKER: And you told us----
[??]: If you don't this to happen to you. If you--if you think that
we can honestly prove it, and like I said, I think we can. And if
I have to prove it, I guarantee you the prosecutor is going to be
looking at two counts of premeditated murder.
You got off from work, drove up there, shot them, turned
around and came back home. That's what the prosecutor is going
to----
WALKER: And bought himself a Mountain Dew.
[??]: I guarantee you that's what the prosecutor is going to put
before the jury, before the judge.
WALKER: And you got----
[??]: Unless I bring him something back.
WALKER: And he got himself a Mountain Dew. He stopped off
and got him something to drink before he got to come home and](https://image.slidesharecdn.com/criminalinvestigativeanalysiscasecasefileindexprepared-220922002615-59ee799c/75/Criminal-Investigative-Analysis-Case-Case-File-Index-Prepared-253-2048.jpg)
![go to bed.
[??]: I don't want to see you put to death. I don't want it to
happen. I do not want that to happen.
WALKER: And your kids probably don't want---- [??]: I do not
want your kids to have to suffer. WALKER: ----to have that
neither.
[??]: Okay. I do not want them to have to suffer. I do not want
them to have to realize that here in 15/20 years, when all of the
appeal processes are run through the gamut, that their dad--I
don't think it was premeditated. I think that something just
snapped. I could be wrong, but maybe you did go up there. I
don't think so. I don't believe you are that kind of person.
But like I said, you know, you can't expect me to help you out
unless you help me out. You can't expect to help yourself out
unless you help me out. That's just the way it is.
000811
I've got to take something back to the prosecutor. If I come
back with all of the evidence that they've collected out there at
the scene and I show A, B, C, and D, and then I look over here
to you and there's A, B, C, and D, like I said, I will guarantee
you the prosecutor is going to ask for the death sentence on two
counts of premeditated murder. You help yourself, maybe he'll
be more than likely to plead something else out. You'll have to
spend some time in jail. Absolutely. I'm not going to lie to you
and say you are going to go scot free, because that's be lying to
you and I ain't going to do it.
Like I said, I don't want to have to, in 20 years,---- WALKER:
Two lives are gone, we don't need three.
[??]: I don't want to come back in 20 years and have to go up
there with your kids and explain to them, you know, your dad's
dying today. I don't want to have to put them through that.
Do you want me to have to put them through that? SMITH:
[Inaudible or nonverbal response.]
[??]: I think they'd be a whole lot better off with a daddy's
who's in jail then a daddy that is going to die in jail.
One thing I've learned about family, no matter what happens,](https://image.slidesharecdn.com/criminalinvestigativeanalysiscasecasefileindexprepared-220922002615-59ee799c/75/Criminal-Investigative-Analysis-Case-Case-File-Index-Prepared-254-2048.jpg)
![The final child support order is as follows:
a. The o mother ~ father shall pay to the other parent as regular
child support the sum of $650.00 o weekly 181 monthly o twice
per month o every two
weeks. The Child Support Worksheet shall be attached to this
Order as an Exhibit*
If this is a deviation from the Child Support Guidelines, explain
why: The parties acknowledge that this is a deviation upward in
.the guideline, in order to provide for the children. Should the
Mother enroll the children in daycare. the Father shall pay
the amount of $750.00 per month so long as the children are in
daycare.
o mother Ill. FINANCIAL SUPPORT
2. Retroactive Support: A judgment is hereby awarded in the
ainount of $Amount to o mother o father against
the child support payor representing retroactive support
required under Section 1240-2-4.06 of the D.H.S. Income
Shares Child Support Guidelines dating from Please Type Date
of Child Support Start which shall be paid (including pre/post
judgment interest) at the rate of $Please Tvpe Rate of Payment
per o week
o month o twice per month o every two w~eks until the
judgm~nl is paid in full.
3. Payments shall begin on the 1st day of August, 2007.
Thissupportshallbepaid: F0R0FFIcIALusEDNLy ExHIB1
~ directlytotheotherparent LA11 rNroRcEMrNr5ENs1r1·1£
o to the.Central Child Support Receipting Unit, P. 0. Box
305200, Nashville, Tennessee ("" 37229, and sent from there to
the other pareril at:Please Type Address of Receiving
Parent . A Wage Assignment Order is attached to this Parenting
Plan
o by direct deposit fo the other parent at Please Type Name of
Bank Bank for deposit in
account no~ Please Type Account Number. ]IJd000671
oother.PleaseEnterAnyOtherlnfonnationHere. VOL II - f
.FGUO'LES](https://image.slidesharecdn.com/criminalinvestigativeanalysiscasecasefileindexprepared-220922002615-59ee799c/75/Criminal-Investigative-Analysis-Case-Case-File-Index-Prepared-302-2048.jpg)
![more than two (2) days, . an itinerary including telephone
numbers for use in the event of an
emergency;
(9) The right to ac~s and participation in education on the same
basis that is provided to all parents. This includes the right of
access to the child for lunch and other activities. However
participation or access must be
.reasonable and not interfere with day-to-day operations or with
the child's educational performance.
0293-07-CI 003 2-97615 FOUO/LES
VOL II -]/)-
000674
!1%"
l'
The Tennessee statute (T.C.A. § 36-6-108) which governs the
notice to be given in connection with the relocation of a parent
reads in pertinent part as follows:
If a parent who is spending intervals of time with a child desires
to relocate outside the state or mo;re than one hundred (100)
miles from the other parent within the state, the relocating
parent shall send a notice to the other parent at the other
parent'$ last known address by" registered or certified mail.
Unless excused by the court for exigent
circumstances, the notice shall be mailed not later than sixty
(60) days prior to the move. The notice shall contain the
following:
( 1 } · S t a t e m e n t o f i n t e n ( t o m o v e ;
(2) Location of proposed new residence;
(3} Reasons for proposed relocation; and
(4} Statement that the other parent may file a petition in
opposition to the move within
thirty (30) days of receipt of the notice.
VIII. PARENT EDUCATION CLASS
This requirement has been fulfilled by o both parents o mother o](https://image.slidesharecdn.com/criminalinvestigativeanalysiscasecasefileindexprepared-220922002615-59ee799c/75/Criminal-Investigative-Analysis-Case-Case-File-Index-Prepared-308-2048.jpg)
Criminal Investigative Analysis Case Case File Index Prepared
- 1. Criminal Investigative AnalysisCase Case File Index Prepared Saturday, May 13, 2017 - 09:23 AM for by CASE FILE INDEX Criminal Offense Reports 000001-000002 KSP Investigation (Crime Scene) 11 Sep 07 WorkFile-00000192.pdf 000003-000004 KSP Investigation (Crime Scene) 11 Sep 07 WorkFile-00000206.pdf 000005 KSP Investigation (Synopsis of case) WorkFile- 00000132.pdf Photos 000706-000715 Bodies of Karen Green and Tracy Smith (Positions and Locations) WorkFile-00000299.pdf 000006-000015 Crime Scene Photos (Aerial) WorkFile- 00000104.pdf 000016-000040 Crime Scene Photos (Back Porch) WorkFile- 00000105.pdf 000041-000055 Crime Scene Photos (Bedroom 1) WorkFile- 00000106.pdf 000056-000091 Crime Scene Photos (Bedroom 2) WorkFile- 00000107.pdf 000092-000123 Crime Scene Photos (Bedroom 3) WorkFile- 00000108.pdf 000124-000134 Crime Scene Photos (Bedroom 4) WorkFile- 00000109.pdf 000135-000147 Crime Scene Photos (Dining/Living Room) WorkFile-00000110.pdf 000148-000262 Crime Scene Photos (Exterior) WorkFile- 00000111.pdf 000263-000267 Crime Scene Photos (Garage) WorkFile- 00000112.pdf
- 2. 000268-000280 Crime ScenePhotos (Hallway Bath) WorkFile- 00000113.pdf 000281-000296 Crime Scene Photos (Hallway) WorkFile- 00000114.pdf 000297-000357 Crime Scene Photos (Kitchen) WorkFile- 00000115.pdf 000358-000360 Crime Scene Photos (Laundry / Mud Room) WorkFile-00000116.pdf 000361-000389 Crime Scene Photos (Living Room) WorkFile- 00000117.pdf 000390-000404 Crime Scene Photos (Master Bath) WorkFile- 00000118.pdf Sketches/Diagrams 000405-000413 00 KSP Crime scene scketches WorkFile- 00000278.pdf 000414 01 Crime Scen Diagram (Overall) WorkFile- 00000119.pdf 000415 02 Crime Scen Diagram (Back Porch) WorkFile- 00000120.pdf 000416 03 Crime Scene Diagram (Kitchen) WorkFile- 00000121.pdf 000417 04 Crime Scene Diagram (Living Room) WorkFile- 00000122.pdf 000418 05 Crime Scene Diagram (Hallway) WorkFile- 00000123.pdf 000419 06 Crime Scene Diagram (Bedrooms 1 & 2) WorkFile- 00000124.pdf 000420 07 Crime Scene Diagram (Bedroom 3) WorkFile- 00000125.pdf 000421 08 Crime Scene Diagram (Bedroom 4 and bath) (Master) WorkFile-00000126.pdf 000422 09 Crime Scene Diagram (Dining / Living) WorkFile- 00000127.pdf 000423 10 Crime Scene Diagram (Laundry Room & Garage) WorkFile-00000128.pdf 000424 11 Crime Scene Diagram (Trajectory of round through
- 3. door into kitchen)WorkFile-00000129.pdf Page 2 000425 000426 12 Crime Scene Diagram (Trajectory of round through door into kitchen) (Overhead) 13 Crime Scene Diagram (Trajectory of round through wall in Bedroom 3) CASE FILE INDEX WorkFile-00000130.pdf WorkFile-00000131.pdf Medical Examinations Karen Green 000427-000437 Autopsy report and death certificate (KAREN COMER), 5 Nov 07 WorkFile-00000005.pdf 000438-000441 Diagrams of Wounds (Karen Green) WorkFile- 00000285.pdf 000442 KSP Investigation (Autopsies of Victims) 11 Sep 07 WorkFile-00000193.pdf Tracy Smith 000443-000456 Autopsy report and death certificate (TRACY BURKE), 8 Nov 07 WorkFile-00000006.pdf 000457-000459 Diagrams of Wounds (Tracy Smith) WorkFile- 00000286.pdf 000442 KSP Investigation (Autopsies of Victims) 11 Sep 07 WorkFile-00000193.pdf KSP Investigation Crime Scene 000460 KSP Investigation (Calls to phone at the Green residence) 11 Sep 07 WorkFile-00000135.pdf 000461 KSP Investigation (Crime scene response) 11 Sep 07 WorkFile-00000204.pdf 000462-000463 KSP Investigation (Crime scene response) 11 Sep 07 WorkFile-00000205.pdf 000464 KSP Investigation (Crime scene response) 11 Sep 07 WorkFile-00000219.pdf 000465 KSP Investigation (Crime scene response) 11 Sep 07
- 4. WorkFile-00000217.pdf 000466 KSP Investigation(Crime scene response) 11 Sep 07 WorkFile-00000218.pdf 000467 KSP Investigation (Crime scene response) 11 Sep 07 WorkFile-00000221.pdf 000468 KSP Investigation (Crime Scene Response) 11 Sep 07 WorkFile-00000150.pdf 000469 KSP Investigation (Crime Scene Response) 11 Sep 07 WorkFile-00000168.pdf 000470 KSP Investigation (Crime Scene Response) 11 Sep 07 WorkFile-00000190.pdf 000471-000472 KSP Investigation (Crime scene) 11 Sep 07 WorkFile-00000214.pdf 000001-000002 KSP Investigation (Crime Scene) 11 Sep 07 WorkFile-00000192.pdf 000003-000004 KSP Investigation (Crime Scene) 11 Sep 07 WorkFile-00000206.pdf 000473 KSP Investigation (Recovery of bullet casings at crime scene) 13 Sep 07 WorkFile-00000142.pdf Weapon 000474 KSP Investigation (BATF firearms trace) 19 Aug 07 WorkFile-00000231.pdf 000475 KSP Investigation (Collection of evidence) 05 Oct 07 WorkFile-00000234.pdf 000476 KSP Investigation (Complaint for divorce records) 16 Oct 07 WorkFile-00000239.pdf 000477 KSP Investigation (Contact with BATF) 13 Sep 07 WorkFile-00000141.pdf 000478 KSP Investigation (Contact with BATF) 14 Sep 07 WorkFile-00000145.pdf 000479 KSP Investigation (Interview) (Villejo, Emetrio) 11 Sep 07 WorkFile-00000201.pdf 000480 KSP Investigation (Interview) (Wilson Sr, David) 19 Aug 07 WorkFile-00000230.pdf 000481 KSP Investigation (Investigative Notes) 11 Sep 07 WorkFile-00000210.pdf
- 5. 000482 KSP Investigation(Pawn shop queries) 01 Feb 08 WorkFile-00000228.pdf 000483 KSP Investigation (Receipt of documents from BATF) 09 Aug 07 WorkFile-00000229.pdf 000484 KSP Investigation (recovery of bullet) 04 Oct 07 WorkFile-00000166.pdf ATTORNEY WORK PRODUCT - DO NOT DISSEMINATE WITHOUT PERMISSION OF TRIAL COUNSEL Page 3 CASE FILE INDEX Telephone Records 000485 KSP Investigation (Brent Smith's cell phone) 13 Sep 07 WorkFile-00000160.pdf 000486 KSP Investigation (GPS re Tacy Smith's cell phone) 06 Nov 07 WorkFile-00000237.pdf 000695 KSP Investigation (Review of Brent Smith's cell phone records) 12 Oct 07 WorkFile-00000294.pdf 000487 KSP Investigation (Review of Karen Green's cell phone records) 25 Sep 07 WorkFile-00000240.pdf 000488 KSP Investigation (Review of Kyle Price's text and bank records) 26 Nov 07 WorkFile-00000241.pdf Interviews 000489-000490 KSP Investigation (Interview) (Addison, Christie) 19 Sep 07 WorkFile-00000251.pdf 000491-000492 KSP Investigation (Interview) (Aulden, Christopher) 11 Sep 07 WorkFile-00000174.pdf 000493 KSP Investigation (Interview) (Barrett, Steve) 20 Sep 07 WorkFile-00000162.pdf 000494 KSP Investigation (Interview) (Billups, Elaine) 19 Sep 07 WorkFile-00000252.pdf 000495 KSP Investigation (Interview) (Blank, James) 07 Dec 07 WorkFile-00000258.pdf 000496 KSP Investigation (Interview) (Branson, Celeste) 11 Sep 07 WorkFile-00000158.pdf 000497-000499 KSP Investigation (Interview) (Brinks, Lindsey) 14 Sep 07 WorkFile-00000248.pdf
- 6. 000500 KSP Investigation(Interview) (Brinks, Lindsey) 20 Sep 07 WorkFile-00000249.pdf 000501 KSP Investigation (Interview) (Bunting, Sammy & Frances) (Bush, Desmond) 01 Feb 08 WorkFile-00000255.pdf 000502 KSP Investigation (Interview) (Carington, Don) 20 Sep 07 WorkFile-00000164.pdf 000503 KSP Investigation (Interview) (Centers, Carl) 11 Sep 07 WorkFile-00000134.pdf 000504 KSP Investigation (Interview) (Charles, Debra) 17 Sep 07 WorkFile-00000247.pdf 000505 KSP Investigation (Interview) (Coombs, Willis) 28 Dec 07 WorkFile-00000272.pdf 000506-000507 KSP Investigation (Interview) (Corissa Means) 26 Sep 07 WorkFile-00000186.pdf 000508 KSP Investigation (Interview) (Cromwell, Shamika) 19 Sep 07 WorkFile-00000253.pdf 000509 KSP Investigation (Interview) (Davidson, Bruce) 03 Jan 08 WorkFile-00000256.pdf 000510-000511 KSP Investigation (Interview) (Devane, Jonathan) 11 Sep 07 WorkFile-00000175.pdf 000512 KSP Investigation (Interview) (Dyson, Ashley) 11 Sep 07 WorkFile-00000194.pdf 000513 KSP Investigation (Interview) (Gavin, Jeannie) 11 Sep 07 WorkFile-00000151.pdf 000514 KSP Investigation (Interview) (Gavin, Jeannie) 11 Sep 07 WorkFile-00000225.pdf 000515 KSP Investigation (Interview) (Gavin, Jeannie) 11 Sep 07 WorkFile-00000269.pdf 000516 KSP Investigation (Interview) (Gillison, Mark) 01 Nov 07 WorkFile-00000260.pdf 000517 KSP Investigation (Interview) (Green, Kurt) 08 Nov 07 WorkFile-00000259.pdf 000518-000519 KSP Investigation (Interview) (Green, Kurt) 11 Sep 07 WorkFile-00000191.pdf 000520 KSP Investigation (Interview) (Green, Kurt) 11 Sep 07 WorkFile-00000209.pdf
- 7. 000521 KSP Investigation(Interview) (Gunderson, Barbara) 14 Sep 07 WorkFile-00000242.pdf 000522 KSP Investigation (Interview) (Hanford, Mike) 21 Apr 09 WorkFile-00000271.pdf 000523 KSP Investigation (Interview) (Hathaway, Rebecca) 24 Dec 08 WorkFile-00000264.pdf 000524 KSP Investigation (Interview) (Hebner, Colton) 11 Sep 07 WorkFile-00000155.pdf 000525 KSP Investigation (Interview) (Holstein, Don) 26 Sep 07 WorkFile-00000188.pdf 000526 KSP Investigation (Interview) (Jameson, Jerry) 20 Sep 07 WorkFile-00000163.pdf 000527-000528 KSP Investigation (Interview) (Johnson, Jack) 29 Sep 07 WorkFile-00000215.pdf 000529 KSP Investigation (Interview) (Katterman, Mark) 14 Sep 07 WorkFile-00000245.pdf 000530 KSP Investigation (Interview) (Katterman, Mark) 19 Sep 07 WorkFile-00000246.pdf 000531 KSP Investigation (Interview) (Keane, Horace) 16 Dec 08 WorkFile-00000262.pdf ATTORNEY WORK PRODUCT - DO NOT DISSEMINATE WITHOUT PERMISSION OF TRIAL COUNSEL Page 4 CASE FILE INDEX 000532 KSP Investigation (Interview) (Keane, Horace) Dec 08 WorkFile-00000266.pdf 000533 KSP Investigation (Interview) (Kovan, Coleen) 18 Sep 07 WorkFile-00000244.pdf 000534-000536 KSP Investigation (Interview) (Larsen, Michelle) 14 Sep 07 WorkFile-00000250.pdf 000537 KSP Investigation (Interview) (Little, Lauren) 12 Sep 07 WorkFile-00000178.pdf 000538 KSP Investigation (Interview) (Pence, Brandy) 18 Sep 07 WorkFile-00000243.pdf 000539-000540 KSP Investigation (Interview) (Peterson, Matthew) 11 Sep 07 WorkFile-00000169.pdf
- 8. 000541-000543 KSP Investigation(Interview) (Peterson, Matthew) 13 Sep 07 WorkFile-00000179.pdf 000544-000545 KSP Investigation (Interview) (Phillips, Jeremy) Dec 07 WorkFile-00000261.pdf 000546 KSP Investigation (Interview) (Price, Kyle) 12 Sep 07 WorkFile-00000177.pdf 000547 KSP Investigation (Interview) (Price, Leonard) 08 Oct 07 WorkFile-00000167.pdf 000548 KSP Investigation (Interview) (Prince, Amy) 16 Oct 07 WorkFile-00000273.pdf 000549 KSP Investigation (Interview) (Prudholm, Mark) 06 Jan 09 WorkFile-00000267.pdf 000550 KSP Investigation (Interview) (Rinaldo, Jose) 17 Sep 07 WorkFile-00000183.pdf 000551-000552 KSP Investigation (Interview) (Robinson, Ronald) 01 Nov 07 WorkFile-00000254.pdf 000553 KSP Investigation (Interview) (Robinson, Ronald) 28 Oct 07 WorkFile-00000274.pdf 000554 KSP Investigation (Interview) (Sampson, Steve) 11 Sep 07 WorkFile-00000152.pdf 000555-000556 KSP Investigation (Interview) (Smith, Brent) 11 Sep 07 / 2000 WorkFile-00000153.pdf 000557 KSP Investigation (Interview) (Smith, Brent) 11 Sep 07 / 2100 WorkFile-00000154.pdf 000558-000559 KSP Investigation (Interview) (Smith, Brent) 11 Sep 07 / 2300 WorkFile-00000156.pdf 000560 KSP Investigation (Interview) (Smith, Eion) 11 Sep 07 WorkFile-00000170.pdf 000561 KSP Investigation (Interview) (Smith, Eion) 13 Sep 07 WorkFile-00000180.pdf 000562-000563 KSP Investigation (Interview) (Smythe- Chisolm, Tracy) 26 Sep 07 WorkFile-00000187.pdf 000564 KSP Investigation (Interview) (Stills, Melinda) 11 Sep 07 WorkFile-00000172.pdf 000565 KSP Investigation (Interview) (Vanderlin, Jacklon) Dec 08 WorkFile-00000263.pdf
- 9. 000479 KSP Investigation(Interview) (Villejo, Emetrio) 11 Sep 07 WorkFile-00000201.pdf 000566 KSP Investigation (Interview) (Wallace, David) 26 Sep 07 WorkFile-00000185.pdf 000567 KSP Investigation (Interview) (Whitson, Deshaun) 13 Sep 07 WorkFile-00000222.pdf 000568 KSP Investigation (Interview) (Whitson, Deshawn) 11 Sep 07 WorkFile-00000197.pdf 000569 KSP Investigation (Interview) (Whitson, Terrell) 14 Dec 07 WorkFile-00000257.pdf 000570 KSP Investigation (Interview) (Williamson, Frank) (Booth, Sabine) 11 Sep 07 WorkFile-00000268.pdf 000571 KSP Investigation (Interview) (Williamson, Michelle) (Vinson, Humphrey) 11 Sep 07 WorkFile-00000213.pdf 000572 KSP Investigation (Interview) (Willis, David) 26 Sep 07 WorkFile-00000184.pdf 000573 KSP Investigation (Interview) (Wilson Jr, David) 11 Sep 07 WorkFile-00000171.pdf 000574 KSP Investigation (Interview) (Wilson Jr, David) 11 Sep 07 WorkFile-00000173.pdf 000480 KSP Investigation (Interview) (Wilson Sr, David) 19 Aug 07 WorkFile-00000230.pdf 000575 KSP Investigation (Interview) (Yoder, Margie) 06 Dec 07 WorkFile-00000236.pdf 000576 KSP Investigation (Interview) (Zane, Claudia) 11 Sep 07 WorkFile-00000176.pdf 000577 KSP Investigation (Polygraph) (Smith, Brent) 13 Sep 07 WorkFile-00000161.pdf General 000476 KSP Investigation (Complaint for divorce records) 16 Oct 07 WorkFile-00000239.pdf 000578 KSP Investigation (Contact with Kurt Green) 11 Sep 07 WorkFile-00000133.pdf 000579 KSP Investigation (Coordination with Commonwealth Attorney) 11 Sep 07 WorkFile-00000211.pdf ATTORNEY WORK PRODUCT - DO NOT DISSEMINATE
- 10. WITHOUT PERMISSION OFTRIAL COUNSEL Page 5 CASE FILE INDEX 000580 KSP Investigation (Coordination with Social Workers) 11 Sep 07 WorkFile-00000207.pdf 000581 KSP Investigation (Development of person of interest) 11 Sep 07 WorkFile-00000208.pdf 000582 KSP Investigation (GPS records re Kurt Green) 02 Oct 07 WorkFile-00000235.pdf 000583 KSP Investigation (Information re Deshaun Whitson) 11 Sep 07 WorkFile-00000212.pdf 000481 KSP Investigation (Investigative Notes) 11 Sep 07 WorkFile-00000210.pdf 000584-000596 KSP Investigation (Police Report re Brent Smith) 20 Sep 07 WorkFile-00000165.pdf 000597 KSP Investigation (Re Jeremy Phillips) 31 Dec 08 WorkFile-00000265.pdf 000696 KSP Investigation (Review of Brent Smith's financial records) 17 Sep 07 WorkFile-00000295.pdf 000697 KSP Investigation (Review of Brent Smith's storage unit activity) 18 Sep 07 WorkFile-00000293.pdf 000598 KSP Investigation (Travel Lodge records re Kyle Price) 09 Jan 08 WorkFile-00000238.pdf 000599 KSP Investigation (Video tapes from Travel Plaza) 19 Sep 07 WorkFile-00000227.pdf 000600 KSP Investigation (Videos from Travel Plaza) 14 Sep 07 WorkFile-00000182.pdf Evidence Search and Seizure 000601-000604 Affidavit and warrant (Search of Brent Smith's vehicle) 13 Sep 07 WorkFile-00000279.pdf 000605 KSP Investigation (Authorization of warrants for phone records) 18 Sep 07 WorkFile-00000146.pdf 000606 KSP Investigation (Authorization of warrants) 13 Sep 07 WorkFile-00000137.pdf
- 11. 000607 KSP Investigation(Search of Brent Smith's vehicle) 11 Sep 07 WorkFile-00000200.pdf 000608 KSP Investigation (Search of Brent Smith's vehicle) 12 Sep 07 WorkFile-00000157.pdf 000609 KSP Investigation (Search of Brent Smith's vehicle) 13 Sep 07 WorkFile-00000159.pdf 000610 KSP Investigation (Search of Brent Smith's vehicle) 13 Sep 07 WorkFile-00000181.pdf 000611 KSP Investigation (Search warrant for Brent Smith's vehicle) 14 Sep 07 WorkFile-00000143.pdf 000612 KSP Investigation (Service of search warrant) 14 Sep 07 WorkFile-00000144.pdf 000613 KSP Investigation (Service of search warrants for phone records) 18 Sep 07 WorkFile-00000147.pdf 000614 KSP Investigation (Service of warrants for phone information) 13 Sep 07 WorkFile-00000138.pdf 000615 KSP Investigation (Service of warrants for phone information) 13 Sep 07 WorkFile-00000140.pdf 000616 KSP Investigation (Service of Warrants for phone information) 13 Sep 07 WorkFile-00000139.pdf 000617 KSP Investigation (Service of warrants for phone records) 19 Sep 07 WorkFile-00000149.pdf 000618 KSP Investigation (Subpoena for bank and phone records) 12 Sep 07 WorkFile-00000136.pdf Evidence Collected 000619-000622 KSP Evidence Recovery Log WorkFile- 00000281.pdf 000698 KSP Investigation (Collection of DNA evidence fro Brent Smith) 02 Nov 07 WorkFile-00000291.pdf 000699-000700 KSP Investigation (Collection of DNA evidence fro Price) 01 Dec 2007 WorkFile-00000289.pdf 000701 KSP Investigation (Collection of DNA evidence fro Whitson) 21 Oct 10 WorkFile-00000290.pdf 000623 KSP Investigation (Collection of evidence from crime scene) 11 Sep 07 WorkFile-00000196.pdf 000624 KSP Investigation (Collection of evidence from crime
- 12. scene) 11 Sep07 WorkFile-00000198.pdf 000625 KSP Investigation (Collection of evidence from crime scene) 11 Sep 07 WorkFile-00000220.pdf 000626 KSP Investigation (Collection of evidence from crime scene) 13 Sep 07 WorkFile-00000223.pdf 000627 KSP Investigation (Collection of evidence from crime scene) 14 Sep 07 WorkFile-00000226.pdf 000628 KSP Investigation (Collection of evidence from crime scene) 14 Sep 07 WorkFile-00000270.pdf 000629 KSP Investigation (Collection of evidence) 04 Oct 07 WorkFile-00000202.pdf ATTORNEY WORK PRODUCT - DO NOT DISSEMINATE WITHOUT PERMISSION OF TRIAL COUNSEL Page 6 CASE FILE INDEX 000630 KSP Investigation (Collection of evidence) 13 May 08 WorkFile-00000233.pdf 000631 KSP Investigation (Collection of evidence) 14 Sep 07 WorkFile-00000224.pdf 000632 KSP Investigation (Collection of evidence) 31 Oct 07 WorkFile-00000203.pdf 000633-000634 KSP Investigation (Evidence collected at crime scene) 11 Sep 07 WorkFile-00000189.pdf 000635 KSP Investigation (Recovery of evidence at Freeman Lake) 11 Sep 07 WorkFile-00000195.pdf 000607 KSP Investigation (Search of Brent Smith's vehicle) 11 Sep 07 WorkFile-00000200.pdf 000608 KSP Investigation (Search of Brent Smith's vehicle) 12 Sep 07 WorkFile-00000157.pdf 000609 KSP Investigation (Search of Brent Smith's vehicle) 13 Sep 07 WorkFile-00000159.pdf 000610 KSP Investigation (Search of Brent Smith's vehicle) 13 Sep 07 WorkFile-00000181.pdf Lab Reports / Examinations DNA 000702 KSP Investigation (DNA Results) 07 Dec 2007
- 13. WorkFile-00000292.pdf 000703 KSP Investigation(DNA results) 29 Jan 08 WorkFile- 00000296.pdf 000636-000642 Lab Report (DNA) 20 Nov 07 WorkFile- 00000275.pdf 000643 Lab Report (DNA) 23 Jan 08 WorkFile-00000283.pdf Trace 000704 KSP Investigation (Results of trace evidence examination) 15 Feb 08 WorkFile-00000297.pdf 000644 Lab Report (Trace) WorkFile-00000284.pdf Firearms 000645-000646 Lab Report (Firearms) WorkFile-00000276.pdf Latent Prints 000647 KSP Investigation (Latent print examination) 11 Sep 07 WorkFile-00000199.pdf 000648 KSP Investigation (Latent print results) 21 Sep 07 WorkFile-00000232.pdf 000649-000650 Lab Report (Latent Prints) WorkFile- 00000282.pdf Digital 000705 KSP Investigation (Results of forensic computer examination) 04 May 08 WorkFile-00000298.pdf Persons in Case Victim Smith, Tracy 000651-000682 Complaint for Divorse WorkFile-00000280.pdf 000476 KSP Investigation (Complaint for divorce records) 16 Oct 07 WorkFile-00000239.pdf 000486 KSP Investigation (GPS re Tacy Smith's cell phone) 06 Nov 07 WorkFile-00000237.pdf Green, Karen 000487 KSP Investigation (Review of Karen Green's cell phone records) 25 Sep 07 WorkFile-00000240.pdf Witness Lay Witness
- 14. Addison, Christy Blake 000489-000490KSP Investigation (Interview) (Addison, Christie) 19 Sep 07 WorkFile-00000251.pdf ATTORNEY WORK PRODUCT - DO NOT DISSEMINATE WITHOUT PERMISSION OF TRIAL COUNSEL Page 7 CASE FILE INDEX Aulden, Christopher 000491-000492 KSP Investigation (Interview) (Aulden, Christopher) 11 Sep 07 WorkFile-00000174.pdf Barrett, Steve 000493 KSP Investigation (Interview) (Barrett, Steve) 20 Sep 07 WorkFile-00000162.pdf Billups, Elaine Marie 000494 KSP Investigation (Interview) (Billups, Elaine) 19 Sep 07 WorkFile-00000252.pdf Blank, James 000495 KSP Investigation (Interview) (Blank, James) 07 Dec 07 WorkFile-00000258.pdf Booth, Sabine 000570 KSP Investigation (Interview) (Williamson, Frank) (Booth, Sabine) 11 Sep 07 WorkFile-00000268.pdf Branson, Celeste 000496 KSP Investigation (Interview) (Branson, Celeste) 11 Sep 07 WorkFile-00000158.pdf Brinks, Lindsey 000497-000499 KSP Investigation (Interview) (Brinks, Lindsey) 14 Sep 07 WorkFile-00000248.pdf 000500 KSP Investigation (Interview) (Brinks, Lindsey) 20 Sep 07 WorkFile-00000249.pdf Bunting, Frances 000501 KSP Investigation (Interview) (Bunting, Sammy & Frances) (Bush, Desmond) 01 Feb 08 WorkFile-00000255.pdf Bunting, Sammy 000501 KSP Investigation (Interview) (Bunting, Sammy & Frances) (Bush, Desmond) 01 Feb 08 WorkFile-00000255.pdf
- 15. Bush, Desmond 000501 KSPInvestigation (Interview) (Bunting, Sammy & Frances) (Bush, Desmond) 01 Feb 08 WorkFile-00000255.pdf Carington, Don 000502 KSP Investigation (Interview) (Carington, Don) 20 Sep 07 WorkFile-00000164.pdf Centers, Carl 000503 KSP Investigation (Interview) (Centers, Carl) 11 Sep 07 WorkFile-00000134.pdf Charles, Debra Sue 000504 KSP Investigation (Interview) (Charles, Debra) 17 Sep 07 WorkFile-00000247.pdf Coombs, Willis E 000505 KSP Investigation (Interview) (Coombs, Willis) 28 Dec 07 WorkFile-00000272.pdf Cromwell, Shamika 000508 KSP Investigation (Interview) (Cromwell, Shamika) 19 Sep 07 WorkFile-00000253.pdf Davidson, Bruce 000509 KSP Investigation (Interview) (Davidson, Bruce) 03 Jan 08 WorkFile-00000256.pdf Devane, Jonathan 000510-000511 KSP Investigation (Interview) (Devane, Jonathan) 11 Sep 07 WorkFile-00000175.pdf Dyson, Ashley 000512 KSP Investigation (Interview) (Dyson, Ashley) 11 Sep 07 WorkFile-00000194.pdf Dyson, Lisa 000512 KSP Investigation (Interview) (Dyson, Ashley) 11 Sep 07 WorkFile-00000194.pdf ATTORNEY WORK PRODUCT - DO NOT DISSEMINATE WITHOUT PERMISSION OF TRIAL COUNSEL Page 8 CASE FILE INDEX Gavin, Jeannie 000513 KSP Investigation (Interview) (Gavin, Jeannie) 11 Sep
- 16. 07 WorkFile-00000151.pdf 000514 KSPInvestigation (Interview) (Gavin, Jeannie) 11 Sep 07 WorkFile-00000225.pdf 000515 KSP Investigation (Interview) (Gavin, Jeannie) 11 Sep 07 WorkFile-00000269.pdf Gillison, Mark 000516 KSP Investigation (Interview) (Gillison, Mark) 01 Nov 07 WorkFile-00000260.pdf Green, Kurt 000578 KSP Investigation (Contact with Kurt Green) 11 Sep 07 WorkFile-00000133.pdf 000582 KSP Investigation (GPS records re Kurt Green) 02 Oct 07 WorkFile-00000235.pdf 000517 KSP Investigation (Interview) (Green, Kurt) 08 Nov 07 WorkFile-00000259.pdf 000518-000519 KSP Investigation (Interview) (Green, Kurt) 11 Sep 07 WorkFile-00000191.pdf 000520 KSP Investigation (Interview) (Green, Kurt) 11 Sep 07 WorkFile-00000209.pdf Gunderson, Barbara 000521 KSP Investigation (Interview) (Gunderson, Barbara) 14 Sep 07 WorkFile-00000242.pdf Hanford, Mike 000522 KSP Investigation (Interview) (Hanford, Mike) 21 Apr 09 WorkFile-00000271.pdf Hathaway, Rebecca 000523 KSP Investigation (Interview) (Hathaway, Rebecca) 24 Dec 08 WorkFile-00000264.pdf Hebner, Colton 000524 KSP Investigation (Interview) (Hebner, Colton) 11 Sep 07 WorkFile-00000155.pdf Holstein, Don 000525 KSP Investigation (Interview) (Holstein, Don) 26 Sep 07 WorkFile-00000188.pdf Jameson, Jerry 000526 KSP Investigation (Interview) (Jameson, Jerry) 20 Sep
- 17. 07 WorkFile-00000163.pdf Johnson, Jack 000527-000528KSP Investigation (Interview) (Johnson, Jack) 29 Sep 07 WorkFile-00000215.pdf Katterman, Mark 000529 KSP Investigation (Interview) (Katterman, Mark) 14 Sep 07 WorkFile-00000245.pdf 000530 KSP Investigation (Interview) (Katterman, Mark) 19 Sep 07 WorkFile-00000246.pdf Keane, Horace 000531 KSP Investigation (Interview) (Keane, Horace) 16 Dec 08 WorkFile-00000262.pdf 000532 KSP Investigation (Interview) (Keane, Horace) Dec 08 WorkFile-00000266.pdf Kovan, Coleen 000533 KSP Investigation (Interview) (Kovan, Coleen) 18 Sep 07 WorkFile-00000244.pdf Larsen, Michelle 000534-000536 KSP Investigation (Interview) (Larsen, Michelle) 14 Sep 07 WorkFile-00000250.pdf Little, Lauren 000537 KSP Investigation (Interview) (Little, Lauren) 12 Sep 07 WorkFile-00000178.pdf Means, Corissa 000506-000507 KSP Investigation (Interview) (Corissa Means) 26 Sep 07 WorkFile-00000186.pdf ATTORNEY WORK PRODUCT - DO NOT DISSEMINATE WITHOUT PERMISSION OF TRIAL COUNSEL Page 9 CASE FILE INDEX Mulvaney, Kimberly 000580 KSP Investigation (Coordination with Social Workers) 11 Sep 07 WorkFile-00000207.pdf Pence, Brandy 000538 KSP Investigation (Interview) (Pence, Brandy) 18 Sep 07 WorkFile-00000243.pdf
- 18. Peterson, Matthew 000539-000540 KSPInvestigation (Interview) (Peterson, Matthew) 11 Sep 07 WorkFile-00000169.pdf 000541-000543 KSP Investigation (Interview) (Peterson, Matthew) 13 Sep 07 WorkFile-00000179.pdf Phillips, Jeremy 000544-000545 KSP Investigation (Interview) (Phillips, Jeremy) Dec 07 WorkFile-00000261.pdf 000597 KSP Investigation (Re Jeremy Phillips) 31 Dec 08 WorkFile-00000265.pdf Price, Leonard Kyle 000699-000700 KSP Investigation (Collection of DNA evidence fro Price) 01 Dec 2007 WorkFile-00000289.pdf 000546 KSP Investigation (Interview) (Price, Kyle) 12 Sep 07 WorkFile-00000177.pdf 000547 KSP Investigation (Interview) (Price, Leonard) 08 Oct 07 WorkFile-00000167.pdf 000575 KSP Investigation (Interview) (Yoder, Margie) 06 Dec 07 WorkFile-00000236.pdf 000488 KSP Investigation (Review of Kyle Price's text and bank records) 26 Nov 07 WorkFile-00000241.pdf 000598 KSP Investigation (Travel Lodge records re Kyle Price) 09 Jan 08 WorkFile-00000238.pdf Prince, Amy 000548 KSP Investigation (Interview) (Prince, Amy) 16 Oct 07 WorkFile-00000273.pdf Prudholm, Mark 000549 KSP Investigation (Interview) (Prudholm, Mark) 06 Jan 09 WorkFile-00000267.pdf Rinaldo, Jose 000550 KSP Investigation (Interview) (Rinaldo, Jose) 17 Sep 07 WorkFile-00000183.pdf Robinson, Ronald J 000551-000552 KSP Investigation (Interview) (Robinson, Ronald) 01 Nov 07 WorkFile-00000254.pdf 000553 KSP Investigation (Interview) (Robinson, Ronald) 28
- 19. Oct 07 WorkFile-00000274.pdf Sampson,Steve 000554 KSP Investigation (Interview) (Sampson, Steve) 11 Sep 07 WorkFile-00000152.pdf Sanders, Kim 000580 KSP Investigation (Coordination with Social Workers) 11 Sep 07 WorkFile-00000207.pdf Shay, Chris 000579 KSP Investigation (Coordination with Commonwealth Attorney) 11 Sep 07 WorkFile-00000211.pdf Smith, Brent 000485 KSP Investigation (Brent Smith's cell phone) 13 Sep 07 WorkFile-00000160.pdf 000555-000556 KSP Investigation (Interview) (Smith, Brent) 11 Sep 07 / 2000 WorkFile-00000153.pdf 000557 KSP Investigation (Interview) (Smith, Brent) 11 Sep 07 / 2100 WorkFile-00000154.pdf 000558-000559 KSP Investigation (Interview) (Smith, Brent) 11 Sep 07 / 2300 WorkFile-00000156.pdf 000715-000812 KSP Investigation (Interview) (Transcript) (Smith, Brent) 11 Sep 07 WorkFile-00000302.pdf 000584-000596 KSP Investigation (Police Report re Brent Smith) 20 Sep 07 WorkFile-00000165.pdf 000577 KSP Investigation (Polygraph) (Smith, Brent) 13 Sep 07 WorkFile-00000161.pdf ATTORNEY WORK PRODUCT - DO NOT DISSEMINATE WITHOUT PERMISSION OF TRIAL COUNSEL Page 10 CASE FILE INDEX 000695 KSP Investigation (Review of Brent Smith's cell phone records) 12 Oct 07 WorkFile-00000294.pdf 000696 KSP Investigation (Review of Brent Smith's financial records) 17 Sep 07 WorkFile-00000295.pdf 000683-000684 Polygraph Report (BRENT BURKE), 13 Sep 07 WorkFile-00000010.pdf Smith, Eion
- 20. 000560 KSP Investigation(Interview) (Smith, Eion) 11 Sep 07 WorkFile-00000170.pdf 000561 KSP Investigation (Interview) (Smith, Eion) 13 Sep 07 WorkFile-00000180.pdf Smythe-Chisolm, Tracy 000562-000563 KSP Investigation (Interview) (Smythe- Chisolm, Tracy) 26 Sep 07 WorkFile-00000187.pdf Stills, Melinda 000564 KSP Investigation (Interview) (Stills, Melinda) 11 Sep 07 WorkFile-00000172.pdf Vanderlin, Jacklon 000565 KSP Investigation (Interview) (Vanderlin, Jacklon) Dec 08 WorkFile-00000263.pdf Villejo, Emetrio 000479 KSP Investigation (Interview) (Villejo, Emetrio) 11 Sep 07 WorkFile-00000201.pdf Vinson, Humphrey 000571 KSP Investigation (Interview) (Williamson, Michelle) (Vinson, Humphrey) 11 Sep 07 WorkFile-00000213.pdf Wallace, David 000566 KSP Investigation (Interview) (Wallace, David) 26 Sep 07 WorkFile-00000185.pdf Whitson, Deshawn 000701 KSP Investigation (Collection of DNA evidence fro Whitson) 21 Oct 10 WorkFile-00000290.pdf 000583 KSP Investigation (Information re Deshaun Whitson) 11 Sep 07 WorkFile-00000212.pdf 000567 KSP Investigation (Interview) (Whitson, Deshaun) 13 Sep 07 WorkFile-00000222.pdf 000568 KSP Investigation (Interview) (Whitson, Deshawn) 11 Sep 07 WorkFile-00000197.pdf Whitson, Terrell 000569 KSP Investigation (Interview) (Whitson, Terrell) 14 Dec 07 WorkFile-00000257.pdf Williamson, Frank 000570 KSP Investigation (Interview) (Williamson, Frank)
- 21. (Booth, Sabine) 11Sep 07 WorkFile-00000268.pdf Williamson, Michelle 000571 KSP Investigation (Interview) (Williamson, Michelle) (Vinson, Humphrey) 11 Sep 07 WorkFile-00000213.pdf Willis, David 000572 KSP Investigation (Interview) (Willis, David) 26 Sep 07 WorkFile-00000184.pdf Wilson, David Jr 000573 KSP Investigation (Interview) (Wilson Jr, David) 11 Sep 07 WorkFile-00000171.pdf 000574 KSP Investigation (Interview) (Wilson Jr, David) 11 Sep 07 WorkFile-00000173.pdf Wilson, David Sr 000475 KSP Investigation (Collection of evidence) 05 Oct 07 WorkFile-00000234.pdf 000480 KSP Investigation (Interview) (Wilson Sr, David) 19 Aug 07 WorkFile-00000230.pdf Yoder, Margie 000575 KSP Investigation (Interview) (Yoder, Margie) 06 Dec 07 WorkFile-00000236.pdf ATTORNEY WORK PRODUCT - DO NOT DISSEMINATE WITHOUT PERMISSION OF TRIAL COUNSEL Page 11 CASE FILE INDEX Zane, Claudia 000576 KSP Investigation (Interview) (Zane, Claudia) 11 Sep 07 WorkFile-00000176.pdf ATTORNEY WORK PRODUCT - DO NOT DISSEMINATE WITHOUT PERMISSION OF TRIAL COUNSEL Ernie Fletcher Governor 1. 2. 3. 4. Urban Government Center 810 Barret Avenue louisville, Kentucky 40204-1702
- 22. BG Norman E.Arflack Secretary JUSTICE AND PUBLIC SAFETY CABINET Office of the Chief Medical Examiner . Phone (502) 852-5587 Fax (502) 852-1767 www. kentucky.gov ;FINAL DIAGNOSIS KAREN- ME-07-0928 5. Multiple gunshot wounds, 1 perforating to chest and 1 penetrating to abdomen A. Single projectile recovered from abdominal gunshot wound B . Lacerations to left upper/lower lung, liver, right kidney, pancreas, duodenum, psoas IIJ..i:i&c. t v Atherosclerotic disease.ofthe heart, ~0% sclerosis ofleft anterior descending Multiple previous surgeries Toxicology positive for chlorpheniramine, citalopram, verapamil and acetaminophen in therapeutic levels. Pattern abrasion o f left forehead )OPJNION: . DA TE PERFORMED: September 12, 2007 DA TE (;OlvfPLETED: November 5, 2007 COUNTY OF JURISDICTION: Hardin ). . >ridledSpirit.com • • Ventu~ . I ~ UNBRIDLED S P I R I T · y . An Equal Opportunity Employer M/f/0 • QLJ-07-0722 VOL I I - U'L( 000427 J ( ·osT MORTEM EXAMINATION OF THE BODY OF
- 23. KAREN- ME-07-0928 A postmortem examination ofthe body identified by the County Coroner as Karen Comer is performed at the Urban County Goveffiment Center·on September 12, 2007 at 8:50am by and . Attendant is .· EXTERIOR OF THE BODY The body is received in a black body bag clad in gray T-shirt. and turquoise pants. The body is that ofa well developed, well nourished, white female appearing consistent with the given age of53 years. The body has a measured height of 64"·and a weight of 209 pounds. The scalp hair is gray and measures up to 3 II~"in length. The pupils are round, equal, and measure 0.3cm. They are viewed through transparent corneae. The irides are hazel. The nose is ~eeofforeign material and atraumatic. The ears are free of ·foreign material and atraumatic. The anterior natural dentition is present and in fair repair. The superficial lymph nodes are not enlarged. The trachea is in the midline. The chest is symmetric and ofnormal mobility. The protuberant abdomen demonstrates multiple remote surgical scars thafw!Jl be further delineated. The pubic hair is light brown to gray and ofnormal female distribution. The external genitalia are normal f emale. T~ereis no evidence ofperipheral edema, deformity or fracture. Rigor mortis is well developed in the major muscle groups. Fixed livor mortis is present over the posterior.aspects o f the body except over pressure points. · . EVIDENCE OF MEDICAL TREATMENT None. IDENTIFYING SCARS, MARKS OR T A TTOOS -' An ohliquely oriented scar is located in the right upper quadrant measuring 7 inches.
- 24. Three l/4 inchscars are located in the right upper quadrant, right lower quadrant and left lower quadra..11t. A midline linear scar which goes to the right oft,he umbilicus is noted measuring 10 inches. A linear scar located beneath the umbilicus mea~ures 1 inch. A horizontally located scar is located in tbe $Uprapubic region measuri.ng 6 1/2 inches. In -the left.upper quadrant is a 1 inch scar horizontally oriented. Over the right angle ofthe jaw a 2 1/2" inch scar is noted. Over the left shoulder is a linear 3 inch scar. } 04-07-0722 VOL TT - 000428 mJURIEs . } ENTRANCE# I Over the left anterior clavicular area is a 5/16 inch circular gunshot entrance wound located 3 inches to the .left of the sternal notch, 3 l/2 inches inferior to the superior portion o f the left shoulder and 54 inches superior to the left heel. No soot o r stippling is .I!oted. ENTRANCE#? Within the midline upper abdomen is a 5/16 inch circular gunshot wound entrance located 8 112 inches below the sternal notch, 45 l/2 inches superior to the right hed and 1 inch to the right ofthe midline. No soot or stippling is noted. WOUND#3 . Over the inferior portion ofthe,left scapular region is an exit wo"und which is slit- like measuring 3/4 inch. It located 3 112 inches to the.right of the midline, 46 inches abovet~eleftheel 8·inches.belowthesuperiorportionoftheleftshoulder. This·isanexit · wound associated with GSW would #1 WOUND#4
- 25. Over the rightsuperior portion ofthe buttock and inferior back are two nondescript purplecontusionswhichappeartocoalescemea~uring3/4inchand21/ 2inches. Itis located2inchestotherightofthemidline, 18inchesinferiortothebaseoftheneck,36. inches above the right heel. Upon palpation and dissection, a medium caliber c.opper ~acketed deformed projectile is recovered from the contusion ofthe right buttock/inferior · right back. This wound is associated with GSW entrance wound #2. Two linear contus~ons are located on the bilateral buttocks. The right measures 2 inches. The left measures 2 1/2 inches. . An obliquely oriented 1 1/2 inch linear abrasion is noted above the left eye on the forehead at the hair line. P A TH QF PROJECTILES Wound #1 the projectile enters the left anterior chest perforating the left 1st rib, lacerating the left upper lobe and grazing the upper portion ofthe left lower lobe and exits the posterior portion ofthe 5th rib. The bullet travels from a front to back direction in a 45 degree angle downward with minimal deviation, right to left. Wound #2 the projectile enters the upper portion ofthe abdomen, lacerates the liver, the duodenum, the pancreas, the right kidney, the psoas muscle on the right and is recovered in the posterior back as previously described. The projectile travels from front to back in a 30 degree angle and dov.Tiward with minimal deviation from right to left. M()T~: Loose clear glass fragments are present about the far.e and neck. i•• I• I • 2 04-07-0722 VOL II - ~}.7 000429
- 26. non-calcified. • • • • i RADIOGRAPH , ( An x-ray ofthechest and abdomen reveals I projectile. THE PREVIOUSLY MENTIONED INJURJES WILL NOT BE FURTHER DELINEATED IN THE BULK OF THrS REPORT INTERIOR OF THE BODY A "Y" incision is carried through a miciline panniculus measuring up to 1 3/4"·through thin, reddish musculature into an abdominal cavity Jin~d with glistening serosa and containing no free fluid. Surgical mesh is noted beneath the midline panniculus. Generally, the intra-abdominal viscera maintain their usual in situ relations: The vermiform appendix is absent. Anteriorly, the liver edge is somewhat blunted and the diaphragm displays no abnormality. The mediastinum.is in the midline. The right lung is· normally inflated. There is . approximately 200cc ofblood within the left pleural cavity. CARDIOV ASCULAR. The heart is ofnom1al configuration and w~ighs 320 grams. The epicardial surface contains a normal amount ofglistening, yellow adipose tissue. The cardiac chambers are o f proportionate capacity. The mural and vaJvular endocardia are.smooth and glistening. There is no abnormality ofthe valves. The papillary muscles and projecting myocardia! )muscle bundles are ofnormal
- 27. prominence. The chordaetendineae display no abnormality. The coronary ostia are in their usual location and give rise to normally distributed coronary arteries. Sectioning ofthe left anterior descending artery demonstrates 50% stenosis due to atherosclerosis. On section, the firm, brown myocar9ium is ofnormal consistency. No focu~ofscar or acufe'hemorrhage is demonstrated. The systemic aorta is ofnormal caliber and efasticity. The intimal surface is smooth apd glistenins. The ostia ofthe large hnmc.hes are ofnormal distribution and dimc:nsion. Exploration and inspection ofthe large veins reveals no evidence ofante mortem clot. RESPIRATORY The lungs are ofthe usual lobation and weigh 460 and 220 grams, right and left respectiyeiy. Mild amounts of subpleural anthracotic pigrp.ent are present within all lobes. -7he lungs are ofnormal crepitance. The pleurae are generally smooth and glistening. The bronchi are ofnormal distrjbution and dimension. They are lined with smooth, tan epithelium. There is no evidence ofante mortem thrombo-emboli. On section, the usual fine, lacy pulmonary architecture is preserved. No focus ofconsolidation, calcification or friability formation is demonstrated. The hilar lymph nodes.are mildly"anthracotic and ) 3 04-07- 0722 VOL II - 000430 LIVER AND GALLBLAriER The liver weighs 2900 grams. The capsule·is .intact, smooth and shiny. The liver edge is mildly blunted. On section, tire hepatic substance is homogeneously yellow/brown and of normal consistency. No focal abnormal mel!kings are demonstrated. Tbe gallbladder is surgically absent. PANCREAS The pancreas is in its usual location and on section is composed
- 28. of normally lobulated,yellow/tan, soft substtillce. No focus ofcalcification is demonstrated. ADRENALS The adrenal glands are in their usual location and ·are ofnormal size and shape. On sectiol_l, they are composed ofsmooth, yellow outer cortical rims which overlie zones of deeper brown cortical and gray medullary substances. GENITOURlNARY T h e k i d n e y s a r e o f s i m i l a r s i z e ~nd s h a p e . T o g e t h e r t h e y w e i g h 3 5 0 g r a m s . T h e c a p s u l e s may be removed easily to reveal smooth, medium brown renal surfaces. On section, the cortices and medullae are well demarcated. The usual arcuate m.arkings are preserved.. No abnormality ofthe calyx, pelvis, cortex or medulia is demonstrated. The ureters are )patent. . . The urinary bladder contains'no urine. The openings ofthe ureters into the bladderare normal. The bladder mucosa is light tan and finely wrinkled. The vagina is normaiiy wrinkled artd contains no foreign matter. No uterus, cervix, or bilateral ovaries are noted. SPLEEN The spleen weighs 220 grams. The capsule is smooth, shiny and intact On section, no focal abnormal markings are qernonstrated. The usual follicular and trabecular markings are preserved. · :.ALTh1ENTARY The smooth-walled esophagus is intact, ofusual thickness and gray. Its·mucosa is present in normal longitudinal folds. The cardioesophageal junction is easily identified. The gastric wall is intact and ofusual thickness. No abnormality ofits serosal surface is demonstrated. The gastric mucosa is present in its normal rugal pattem The stomach • • •
- 29. 04-07-0722 VOL II- f}9 000431 contains le'Ss than Sml o f ·n brown fluid. The pylorus and duod" .m display no abnormality. The small ana large intestines are not remarkable. ... MUSCULOSKELET AL Examination and palpation ofthe spine, ribs, shoulder girdle and pelvis fails to reveal fracture. · NECK Ther~is no soft tissue hemorrhage within the neck The hyoid bone and thyroid cartilages are intact. The larynx and trachea are ofav.erage caliber. The vocal cords display no abnonnality. · The tongue displays no abnormality. THYROID No thyroid gland is identified. HEAD ·There is no soft tissue hemorrhage within the scalp. The calvarium is intact and displays. no abnormality. The dura is ofnormal tenseness. The superior sagittal sinus is patent and )in the midline. The leptomeninges are glistening and translucent. The brain is ofnormal }COnvolutional pattern and weighs 1250 grams. Examination ofthe arteries at the base ofthe brain reveals them to be ofnonnal distribution and dimension. They are smooth- walled, collapsed and transp_arent. The uncinate gyri and cerebellar tonsils do not demoostrate pressure phenomena. Multiple frontal sections of the brain at approximate levels of2cm reveal normal relations ofgray and white substance. No focal abnormal markings aJt <.lt:munstrated. The ventricle~contain clear fluid ap.d the lining ependyma is srn"ooth and glistening. The choroid plexuses display no abnQml.a.lity. The basal ganglia art: uurmal. Multiple horizontal sections ofthe cerebellum, pons
- 30. and medulla revealilurrna1 architecture o f these structures without focal.abnormal markings. Examination ofthe base ofthe skUll, after removal ofthe brain and dura, fails t.o reveal · - -f r a c t u r e . · · • l 5 04-07-0722 VOL II - 000432 DISPOSITION OF EVDJ ICE The following items are maintained at the OCME: Photographic and diagrammatic documentation Tissue for stock and histology DNA standard card Peripheral blood tor short-tenn storage Peripheral blood is submitted in a sealed kit for toxicology Vitreous is submitted to Lab Corp for electrolyte analysis The following items are c~llccted by KSP: DNA standard card P ulled head hair Fingerprints Fingernail clippings Clothing Projectile (1) f 6 • 04-07-0722 VOL II - q3/ 000433 • • ) ) •
- 31. • }-Tr.:_A_RT: LUNGS: LIVER: BRAIN: KIDNEYS: NDA Focal hemorrhage MICROSCOPIC '. KAREN - ME-07-0928 Micronodular cirrhosis· moderate steatosis ' Early hypoxic changes Autolysis; chronic pyelonephritis 04-07-0722 VOL II - tjj)- 000434 • ( 0ffice ofthe ChiefMcdicCJI £:aminer ·..., Uni'e•...y ofLouisville, Divisio11 ofForensic PCJtholoL_ 8!0 B;Jrrcl Ave Louisville. Ke111ucky 40204 502-852-5587 Date: 9-12-07 Name: Karen ME Ca$1! #: 7-928 ~:~C~o-ro--oe-r----------~-----~r-----~c-~-un_t_y------- .~F~ro_I_n_:--~----------~------------------~ Hardin Recommended fommlation for Parts I and II on Certification ofDeath.: 25. TIME OF DEATH· 25. DATE PRONOUNCED DEAD(,1cnth. Da;~ r~ar) 11. WAS CASE PJ~fEPJlin TO M.f.D!CAI. PRONOUNC£0 EXAMlNER/CORONERt (fc:s .xNtJ) :!" :: . i!~~!mi!~~· not resulting io the uoderlying cause gives in Pitt !. .. . •I I ••
- 32. 21 MANNF.ROF DEATII n Natural ».._ OAT£OF INJUR.Y 30.. PLACE OF JNJUR)' · factory, office building, etc. (Spccil)•) JOe. JNJUR.Y AT WQP.K(Y~'lf' N n) Jetd. DESCRIBE HOW INJUR.Y t ' l i Y ' t i R R F n 28. P.-RT t Enter rlle diseucs. injuries, 0< complieotions that eau:sed dearll. Do not enter the mode oldying, such u ean;liacorrc:spiratol)' arrest, shod: or heart failure. LiS! only one cause on euch line. Approximate interval betwten OIUet and darll .. ) Sequentially lisr coodirioru i f ltl)' leading to i.aunediale c~use. Enter UND.ERLYINOCAt!SE (Disease or iuju.ry that inil.ialed events resulting in dearll) LAST. d. llv1lvfEOlATE CAUSE (Final dis.:.lSe or coodition resulting in dc:J~I.h) a Multiple gw!Shot wounds DUE TO {OR AS A COl-ISEQUENCE OF :) -~ ~VS.:&·:Q~,;~ PARTCI Othersigni.ticantcooditiorueonll'ibutedtodeatbbut,· -~ .:~ ; · i · : - f 2 • • ,~:si: 28a. WASAUI'OPSY PERFORMED? JOb. TIME OF INJURY 28b, WEREAUI'OPSYFrNOJNGS A VAfi...4..BLE PRlOR TO COMPLETION OFDEATH(Yes orNo) 0 AccideDl 0 suicide .~ .Efomicide
- 33. 0 PenJi·>~ lnv=ienrioo 0Underemuned 0 !n.sutli cieor infonnatioo provided At home. f•nn. street. 30[ LOCA TfON (street and number or Rural Pr.ut~ nwn~. City N Tnwn) b. c. DUE TO(ORASACONSEQUENCEOf:) DUE TO (OR AS A COI'ISEQUENCE OF :) DUE TO (OR ...SA CONSEQUCNC£ OF :) -~ -~ 04-07-0722 VOL II t/35 000435 -MUST BE T'YPED 3. DATE OF DEATH (Month, Year) -' 28. PART l Enler the diseases, injuries, or ClOill>lications that caused death. Do no! enter the mode of dying, such as cardiac ot ~ Yes 0 No A.M.. respiral.:>ryarrest.shoc:l<orheal!flll....e. Lis!onlyonee01uc"enand>!ine. : IMMEDIATE CAUSE (FinBI diseose o r condition resu/6ng in daa'rh}. Sequentially l•st conditions, a any, leading to immed'l3te cau:c. EnrorUNOEnLYING CAUSE' (()iseasl!lorinjvrythat initial~"'"'ncs tttwRing in daath) LAGT. : a. Multiple unshot wounds DUE TO (OR AS A ONSEOUENCE OF):
- 34. Approximate interval betweenonsetar~death Minutes 5<1.Di<J!hedee&asedhaveOi•I.J"t""? '. MANNER OF DEATH . 0Yes · fXJNo 28... W~•Oiab8v.<sanimm&diata,underlying,orconlliootingcause :fJYes 0No f ) N o Nalural Accidenc Suicide 0 Yes liJ No 0 Pendrng Investigation 0 ('J)O"Idmlt>v delermined R'S SIGNATURE 0 N o (Month, Day, YeBf1 o f o r c o n d i t i o n l e a d i n g t o o e a t h ? 0 Y e s 30d. DESCRIBE HOW INJURY OCCURRED Shot twiceJlst in chest and 2nd in abdomen tillRuul"Nu1ttUt1t, C~yUl Tvwu) I XJ Y e s 30a. DATE OF INJURY JOb. TIMC OF INJURY faclory, office building, etc. ($pecily) Hoi¥. 30c. INJURY AT WORK? Se 3:00 .A.M 2007 A 30c. rLACE orltiJUnY-Athomo, farm, streel, CERTIFICATE OF DEATH 1~. WA'E (Specify No or Yes ·Ifyes, spedy Cuban, OF HISPANIC ORIGIN? Mecican. Pvetto Rican, eJc.) f2J No 0 Yes
- 35. 0 201>. PLACE OFDISPOSmON {Narn<! ofcemetery, crem111ory, or oti>Nplace) Kentucky Veterans Cemetery Centra! 20c. LOCATION (Cily, Town, or State) Raddiff Kentucky Removal from Slate 2007 12a. DECEDENTS USUAL OCCUPATION {Give Wnd orwork done during moSI or workinp life. Do NotuMJ retired} Food Service pl'e!lnancy in the past 12 monuu? performed? KJYes 0No Restaurant 13d. STfiEET AND /lUMBER . neral Home · KY 40160 27. WAS CASE REFERRED TO MEDICAl EXAMINER/CORONER? b·-------------=~~~~~~~~~~---------------------1-------------- 0UE TO (OR AS A CONSEQUENCE OF): c·--------------~~~~~~~~~~~~-------------------------;-------------- -- OUE TO (OR AS A CONSEQUENCE OF). d. ~ART II Ocher si9niticanl condilions c:onltibuted to death bul no! resulllng in !he underlying cause given in Part f. 28a. II female, was !here a 2Bb. Was an aUlopsy 2&. Were aulopsy findings available prior to completion of cause oldeath? Rineyvil~e, Kentucky ~0162 32. 0/1TE FILED (Month, Day, Year) 04-07- 0722 VOL II 000436
- 36. ,J ZB-MP-J SUBJECT: Waiverto release. of Tracy D. I. i Breni Andrew Smith( ! 2 Sl?.prember 20t'7 to David Willis ) relinquish all rights for Tracy Danielle w DEPARTMENTOF THE ARMY 56~~MILITARY POliCE COMPANY 6730 A SHAU ">'ALLEY ROAD FORT CAMPS.ELL, KENTUCKY 42l23·5000 her f!!lher Da,id Willis for the making of funeral arrangements. · 1 ) The POC for this mcmoru,ndum is the undersigned at ..''J Sf'IJ ROOf .,. 1#A .Jd? BRENT A SOT, USA Milit::!ry Police • 04-07-0722 VOL II - ~;.L3 000455 000006 000007 000008 000009
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- 52. 000397 000398 000399 000400 000401 000402 000403 KSP Investigation on15 Sep 07 (Synopsis of case) (WALKER) KENTUCKY STATE POLICE KYIBRS SUPPLEMENTARY REPORT INVESTIGATION: SYNOPSIS: Perpetrator(s) had unlawfully entered a residential dwelling and shot two adult females causing their death. In addition to the shooting of the females, a family pet (dog) was also shot. MODUS OPERANDI: Perpetrator(s) approached the residence from the rear and gained entrance into the residence from the side kitchen door. It is believed that the perpetrator(s) had made their presence known and the owner of the residence had recognized this subject and opened the door to the residence. After opening the door a struggle ensued at the entrance of the door and the owner was shot twice in the chest. At the same time the owner's dog was shot and discover on the outside of the residence next to the door. The perpetrator(s) had fired several shots from out-side of the residence that entered into the residence. The perpetrator(s) then entered the residence and confronted the other adult female in her bedroom. This victim
- 53. (intended target) wasshot twice, once in the arm and once in the head. There were three other large dogs in the residence that were not harmed. No items were stolen from the residence. See autopsy report for wound locations. DATE & TIME OF OCCURRENCE: On or about Sept. 11, 2007 between 0100 hours & 0400 hours. 000005 KENTUCKY STATE POLICE KYIBRS SUPPLEMENTARY REPORT (MABE) INVESTIGATION: September 11, 2007 1350 Hours-Arrival at 397 Waterford Loop, Rineyville, KY. 40162 I arrived at 397 Waterford Loop and immediately reported to my supervisor Lt. Shannon West. I went to Detective Jason Propes Unit# 1.153 to assist in the construction of a search warrant. September 11 , 2007 1500 Hours - Kurt Green arrives on scene Kurt E. Green (white male) ~ Resident and Home Owner 397 Waterford Loop, Rineyville, KY 40162 Work: USA Trucking Height: 6-03, Eyes: Hazel, Hair: gray Carl D. Centers (black male) - Student Driver. Work: USA Trucking Height: 5-10, Weight: 165, Hair: Black, Eyes: Brown Kurt Green arrived in a semi-tractor with his student driver in the passenger seat. Kurt Green immediately exited his vehicle and approached the crime scene. Kurt Green spoke with Sgt Tom Walsh, Detective Matt Johnson, and myself. I was asked by Lieutenant West to interview the passenger of the vehicle while Detective Johnson interviewed Kurt Green. 000578 KENTUCKY STATE POLICE KYIBRS SUPPLEMENTARY REPORT (MABE) INVESTIGATION: September 11, 2007 I interviewed Carl D. Centers of Columbus, OH. He stated that he was in Georgetown with Kurt Green and they were beginning a dedicated service run. He stated that they had attached the
- 54. trailer to thetruck. and were en route. Moments later he states that Kurt received a phone call and informed him that he was going to drop his trailer and go home because of an emergency. He said that during the ride back there was little conversation, as he did not know Kurt that well. He stated that Kurt apologized for the inconvenience but that it was an emergency. A copy of the audio recording is attached to this supplement. I then photographed the vehicle that Kurt Green drove from Georgetown, KY. I photographed the odometer, log book., VIN number, registration plates, and external decals of the vehicle. While inside of the home assisting other detectives, the home phone rang at approximately 1744 hours EST. I reviewed the caller identification log on the cordless phone handset display. I then compiled a log from the calls on the phone dating back to September 1, 2007. 0KENTUCKY STATE POLICE KYIBRS SUPPLEMENTARY REPORT (MABE) INVESTIGATION: September 11, 2007 ***Home Phone Caller ldentification Recorded Numbers*** I recorded the calls received to the Green home phone number 270-735-9640. All times in the log are Eastern Standard Time. The calls recorded were as follow: September 11. 2007. 1756 Hours-Sears - 800-469-4663 1744 Hours-TN Cell- 931- 980-0099 1244 Hours-KY Cell- 300-4936 September 10, 2007 1933 Hours-TN Cell- 931-436-0672 September 9, 2007 2149 Hours Marsey, John- 863-984-1193 September 8, 2007 1607 Hours- PA cell- 717-350-5511 1437 Hours - Product Repair - 502-259-8660 1326 Hours- WA cell- 253-682-9421 1208 Hours- GA cell- 478-396-2638 September 7, 2007 1937 Hours- OH cell-330-701-3525
- 55. September 5, 2007 2100 Hours - GA cell - 478-397-5308 September 4, 2007 1555 Hours-Pete Michael - 360-584-9276 September 1, 2007 2119 Hours-GA cell- 478-396-2698 ***Known Numbers*** Karen Green cell 270-304-9739 Green House 270-735-9640 Kurt Green ce/1-270-300-4936 Tracey Smith cell- 931-436-0672 Brent Smith cell-931-980-0099 000460 00503 KENTUCKY STATE POLICE KYIBRS SUPPLEMENTARY REPORT (MABE) September 12, 2007 1630 Hours-Hardin County Coroner's Subpoena Dr. William Lee, Hardin County Coroner assisted me insubpoena service for phone records for the following: U.S. Bank-Bank records for Brent Smith AT&T-Phone records for Brent Smith's cellular phone KY Alltel, Inc. Lexington - Phone records for the home phone of Kurt Green Copies of these subpoena's and fax transmission receipts have been attached to this supplement. 000618 KENTUCKY STATE POLICE KYIBRS SUPPLEMENTARY REPORT (MABE) September 13, 20.07 1327 Hours-Search Warrants Authorized for Phone Records Judge Janet Cole of the Hardin County, KY Circuit Court has authorized two search warrants. The phone service of Tracy Smith and Brent Smith is provided by AT&T (formerly Cingular Wireless). Sprint Spectrum and Nextel provide the phone service for Kurt Green and Karen Green. Copies of these warrants have been attached to this supplement.
- 56. 000606 KSP Investigation on15 Sep 07 (Synopsis of case) (WALKER) KENTUCKY STATE POLICE KYIBRS SUPPLEMENTARY REPORT INVESTIGATION: SYNOPSIS: Perpetrator(s) had unlawfully entered a residential dwelling and shot two adult females causing their death. In addition to the shooting of the females, a family pet (dog) was also shot. MODUS OPERANDI: Perpetrator(s) approached the residence from the rear and gained entrance into the residence from the side kitchen door. It is believed that the perpetrator(s) had made their presence known and the owner of the residence had recognized this subject and opened the door to the residence. After opening the door a struggle ensued at the entrance of the door and the owner was shot twice in the chest. At the same time the owner's dog was shot and discover on the outside of the residence next to the door. The perpetrator(s) had fired several shots from out-side of the residence that entered into the residence. The perpetrator(s) then entered the residence and confronted the other adult female in her bedroom. This victim (intended target) was shot twice, once in the arm and once in the head. There were three other large dogs in the residence that were not harmed. No items were stolen from the residence. See autopsy report for wound locations. DATE & TIME OF OCCURRENCE: On or about Sept. 11, 2007 between 0100 hours & 0400 hours. 000005 KENTUCKY STATE POLICE KYIBRS SUPPLEMENTARY REPORT (MABE) INVESTIGATION: September 11, 2007 1350 Hours-Arrival at 397 Waterford Loop, Rineyville, KY. 40162 I arrived at 397 Waterford Loop and immediately reported to my supervisor Lt. Shannon West. I went to Detective Jason Propes Unit# 1.153 to assist in the construction of a search warrant.
- 57. September 11 ,2007 1500 Hours - Kurt Green arrives on scene Kurt E. Green (white male) ~ Resident and Home Owner 397 Waterford Loop, Rineyville, KY 40162 Work: USA Trucking Height: 6-03, Eyes: Hazel, Hair: gray Carl D. Centers (black male) - Student Driver. Work: USA Trucking Height: 5-10, Weight: 165, Hair: Black, Eyes: Brown Kurt Green arrived in a semi-tractor with his student driver in the passenger seat. Kurt Green immediately exited his vehicle and approached the crime scene. Kurt Green spoke with Sgt Tom Walsh, Detective Matt Johnson, and myself. I was asked by Lieutenant West to interview the passenger of the vehicle while Detective Johnson interviewed Kurt Green. 000578 KENTUCKY STATE POLICE KYIBRS SUPPLEMENTARY REPORT (MABE) INVESTIGATION: September 11, 2007 I interviewed Carl D. Centers of Columbus, OH. He stated that he was in Georgetown with Kurt Green and they were beginning a dedicated service run. He stated that they had attached the trailer to the truck. and were en route. Moments later he states that Kurt received a phone call and informed him that he was going to drop his trailer and go home because of an emergency. He said that during the ride back there was little conversation, as he did not know Kurt that well. He stated that Kurt apologized for the inconvenience but that it was an emergency. A copy of the audio recording is attached to this supplement. I then photographed the vehicle that Kurt Green drove from Georgetown, KY. I photographed the odometer, log book., VIN number, registration plates, and external decals of the vehi cle. While inside of the home assisting other detectives, the home phone rang at approximately 1744 hours EST. I reviewed the caller identification log on the cordless phone handset display. I then compiled a log from the calls on the phone dating back to September 1, 2007.
- 58. 000503 KENTUCKY STATE POLICE KYIBRSSUPPLEMENTARY REPORT (MABE) INVESTIGATION: September 11, 2007 ***Home Phone Caller ldentification Recorded Numbers*** I recorded the calls received to the Green home phone number 270-735-9640. All times in the log are Eastern Standard Time. The calls recorded were as follow: September 11. 2007. 1756 Hours-Sears - 800-469-4663 1744 Hours-TN Cell- 931- 980-0099 1244 Hours-KY Cell- 300-4936 September 10, 2007 1933 Hours-TN Cell- 931-436-0672 September 9, 2007 2149 Hours Marsey, John- 863-984-1193 September 8, 2007 1607 Hours- PA cell- 717-350-5511 1437 Hours - Product Repair - 502-259-8660 1326 Hours- WA cell- 253-682-9421 1208 Hours- GA cell- 478-396-2638 September 7, 2007 1937 Hours- OH cell-330-701-3525 September 5, 2007 21 00 Hours - GA cell - 478-397-5308 September 4, 2007 1555 Hours-Pete Michael - 360-584-9276 September 1, 2007 2119 Hours-GA cell- 478-396-2698 ***Known Numbers*** Karen Green cell 270-304-9739 Green House 270-735-9640 Kurt Green ce/1-270-300-4936 Tracey Smith cell- 931-436-0672 Brent Smith cell-931-980-0099 000460 KENTUCKY STATE POLICE KYIBRS SUPPLEMENTARY REPORT (MABE) September 12, 2007 1630 Hours-Hardin County Coroner's
- 59. Subpoena Dr. William Lee,Hardin County Coroner assisted me insubpoena service for phone records for the following: U.S. Bank-Bank records for Brent Smith AT&T-Phone records for Brent Smith's cellular phone KY Alltel, Inc. Lexington - Phone records for the home phone of Kurt Green Copies of these subpoena's and fax transmission receipts have been attached to this supplement. 000618 KENTUCKY STATE POLICE KYIBRS SUPPLEMENTARY REPORT (MABE) September 13, 20.07 1327 Hours-Search Warrants Authorized for Phone Records Judge Janet Cole of the Hardin County, KY Circuit Court has authorized two search warrants. The phone service of Tracy Smith and Brent Smith is provided by AT&T (formerly Cingular Wireless). Sprint Spectrum and Nextel provide the phone service for Kurt Green and Karen Green. Copies of these warrants have been attached to this supplement. 000606 KENTUCKY STATE POLICE KYIBRS SUPPLEMENTARY REPORT (MABE) September 13, 2007 1427 Hours-Sprint Spectrum & Nextel Warrant Served via fax The search warrant for phone records of Kurt and Karen Green's cellular phones has been faxed. Melanie Hallston with Sprint Corporate Security was contacted at 800-877-7330: Melanie Hallston confirmed the receipt of the warrant and stated that the information should be processed within five business days. 000614 KENTUCKY STATE POLICE KYIBRS SUPPLEMENTARY REPORT (MABE) September 13, 2007 1430 Hours-AT&T Warrant Served via fax AT&T Wireless Subpoena Compliance was contacted at 800- 635-6840. They confirmed receipt of the warrant for cellular
- 60. phone records belongingto Brent and Tracy Smith. AT&T stated that the request should be processed within a "couple of days". 000616 KENTUCKY STATE POLICE KYIBRS SUPPLEMENTARY REPORT (MABE) September 13, 2007 1500 Hours-Request from Bureau of Alcohol, Tobacco, & Firearms Special Agent Anthony Zitto of the AT. F. was contacted at 502-753-3450. I left on his voicemail the biographical information for Brent Smith; (name and ssn), and my contact information. I requested that he query the subject for any firearm purchases. Agent Zitto returned my call and left a voice message requesting that I provide a date of birth for Brent Smith. I returned his call and left a message with the proper date of birth. 000477 KENTUCKY STATE POLICE KYIBRS SUPPLEMENTARY REPORT (MABE) September 13, 2007 1956 Hours - 397 Waterford Loop Sgt. Torri contacted me and asked me to report to the crime scene to collect bullet casings that were found by the commercial company, ABC BioClean-up crew. l responded an awaited assistance from Detectives Matt Johnson and Jason Propes. A total of five casings were recovered. Two were recovered in the bedroom of Tracy Smith. Three casings were recoverecl on the back concrete patio 0KENTUCKY STATE POLICE KYIBRS SUPPLEMENTARY REPORT (MABE) September 14, 2007 1432 Hours·- Search Warrant Authorized l drafted a search warrant for the search ·of a 2006 Chrysler Towne & Country van. The van is maroon in color and was initially in the possession of Brent A. Smith at U.S. Army Base Fort Campbell. The van was transferred from the U. S. Army Criminal Investigative Division to the Kentucky State Police. The van· was then transported to the K.S.P. Central Forensic
- 61. Lab in Frankfort,KY. Judge Janet Cole authorized the warrant. 000611 00473 KENTUCKY STATE POLICE KYIBRS SUPPLEMENTARY REPORT (MABE) September 14, 2007 1447 Hours-Search Warrant Faxed to Lab Detectives Matt Johnson and Jason Propes are en route to the Central Forensic Lab to aid in the execution of the search warrant at the lab. I faxed a copy of the warrant to the lab at the number- 502-564-4821. 000612 KENTUCKY STATE POLICE KYIBRS SUPPLEMENTARY REPORT (MABE) September 14, 2007 1530 Hours. Response from Bureau of ATF Agent Anthony Zitto with the ATF called me to inform me that Brent Smith has not purchased more than one firearm from the same dealer in a twenty four hour-period. He also stated that this subject has neither ever had an actual trace ran on him in the past. 000478 KENTUCKY STATE POLICE KYIBRS SUPPLEMENTARY REPORT (MABE) September 18, 2007 1347 Hours EST-Search Warrants Authorized Judge Kim Shumer authorized two search warrants for the cellular phone records from the following companies: AT &"T- Records for the phones of Tracy and Brent Smith Verizon Wireless - Records for the phones of Lindsey Brinks and Michelle Larsen Copies of the Search Warrants have been attached to this case supplement. 0KENTUCKY STATE POLICE KYIBRS SUPPLEMENTARY REPORT (MABE) September.18, 2007-Search Warrants submitted via fax Search warrants were faxed to the following: AT&T- 1400 Hours EST requesting Brent & Tracy Smith's 90
- 62. day phone records. VerizonWireless - 1413 Hours EST requesting. 90 days of Fort Campbell dispatchers phone records September 18, 2007 1422 Hours. EST- Proof of Service to Judge Shumer Proof of service for both warrants were faxed to Judge Shumer's office at the Hardin District Court. Both of the warrants are pending compliance by the service providers. 000613 00605 KENTUCKY STATE POLICE KYIBRS SUPPLEMENTARY REPORT (MABE) September 19, 2007 1100 Hours - Verizon Wireless fax Verizon Wireless faxed me at post and stated that the·y had only received one page of the search warrant fax. I resent the fax and retained a copy of the fax transmission receipt which has been attached to this case supplement. 000617 KENTUCKY STATE POLIC KYIBRS INITIAL REPORT (WALKER) September 11, 2007 / 1242 hours. I responded to 397 Waterford Loop Rineyville Ky. regarding a double murder incident. 1330 hours. I met with other KSP personnel at the scene who secured the residence before my arrival. I was designated the case officer and received a briefing from KSP personnel related to the events as they understood them at the time. It was described that a young child, Matthew Peterson, 9 "year-old had contacted 911 describing how a robber shot and killed his entire family. Refer to emergency 911 tape for exact conversation. It was described how when KSP troopers arrived at the scene, they were met by Matthew Peterson who. led the troopers into the residence. It was described how KSP troopers discovered two adult females in the residence in various locations that appeared to be deceased from apparent gun-shot' wounds. KSP troopers had evacuated Matthew Peterson and his siblings, Reagan Smith
- 63. 18 mos. old,and Eion Smith 5 year-old. KSP troopers had secured the scene regarding the arrival of KSP detectives. See attach supplement from KSP Tpr. Cook regarding his response at the scene. 000468 KENTUCKY STATE POLIC KYIBRS INITIAL REPORT (WALKER) September 11, 2007 / 1400 hours / Interview Jeannie Gavin I met with Jeannie Gavin who resides directly across from the victims' residence, 404 Waterford Rd. Rineyville Ky. Mrs. Gavin described how she doesn't personally know the victims however; she stated that all of the vehicles appear to be in the drive-way in addition to this information she described how, Kurt Green, the husband of Karen Green (victim) is a over-the- road truck driver and he is normally absent during the week and it isn't uncommon for him not to be present at the residence until the weekend. Mrs. Gavin had described how approximately September 10, 2007 2300 hours she observed brake lights in the residence's driveway, however; she didn't know if it was the victims' vehicles, nor did she know if the vehicle was arriving or leaving the residence. Mrs. Gavin stated that approximately 2315 hours she had taken her trash to the curb for the morning pick-up and she observed that the trash at the residence in question was also at the curb. Mrs. Gavin had provided a written statement regarding her observations. 000513 KENTUCKY STATE POLIC KYIBRS INITIAL REPORT (WALKER) September 11, 2007 / 1445 hours /Interview Steve Sampson. I met with Steve Sampson at North Hardin Nursing Home, 599 Rogersville Rd. Radcliff Ky. regarding this investigation. Mr. Sampson is the administrator of this nursing home and Tracey Smith (victim) was employed by this business. Mr. Sampson described how Tracey Smith's original hire date was 1998 however; due to her military ties she had left the company several times throughout the years. Mr. Sampson described how
- 64. on August 7,2007 Tracy Smith had returned to the company and was an employee to present date. Mr. Sampson described how Tracey Smith normally works 12 hour shifts, 0700 to 1900 hours. Mr. Sampson stated that Tracey Smith worked on 9-10- 07 and clocked-out at 1935 hours. Mr. Sampson had no knowledge of her whereabouts after that time. Mr. Sampson described how he doesn't trave direct knowledge of her relationship with her estrange husband (Brent Smith); however, he believes several of her direct co-workers have knowledge of her marital problems. See attach witness list regarding their statements. 000554 KENTUCKY STATE POLIC KYIBRS INITIAL REPORT (WALKER) September 11, 2007 / 2000 hours I Arrival at Fort Campbell, Interview Brent Smith MP station. I along with Det. Gillingham and Tpr. Oldham arrived at the MP station at Fort Campbell Ky. and met with several members of Brent Smith's chain-of-command. I along with Det. Gillingham had interviewed Brent Smith for several hours during the course of the visit at Fort Campbell Ky. During this interview Brent Smith had provided several different versions regarding his whereabouts during the early hours of September 11, 2007. The three versions of statements are described in chronological order. Brent Smith described how he had picked up his children from Karen Green's residence on the morning of September 8, 2007 and stayed in the Hardin County Jefferson County area during the visit with his children. Brent Smith stated that when he arrived at the residence Tracey Smith wasn't present and he stated that she was more than likely at work (North Hardin Nursing Home). I asked Brent Smith when was the last time he spoke to Tracy Smith and he described how it was Wednesday or Thursday before September 11, 2007. It was later discovered that he spoke to Tracy Smith while she was at work on September 8, 2007; when questioned regarding his false
- 65. statement he admittedthat he did contact Tracy Smith on September 8, 2007 and he overlooked that conversation. I asked Brent Smith when was the last time he saw Tracy Smith in person and he described how Tracy Smith arrived at their old residence in Clarksville TN. approximately 2 weeks ago and she had removed some linen from the residence to include a pistol. I asked Brent Smith to give me more information regarding the firearm and he described how it was a Ruger semiautomatic and he thought the caliber was 40 cal or 45 cal. I thought it was unusual that he was in the military and he didn't know the caliber of his firearm. Brent Smith described how this firearm was a gift from Tracy Smith's father and he received the firearm on or about Easter 2007; it was later determined that the caliber was 9mm. Brent Smith stated that when he returned his children to Karen Green's residence on the evening of September 8, 2007, he described how he entered the residence to utilize the restroom and he immediately left the residence a short time thereafter and proceeded back to Fort Campbell Ky. Brent Smith stated that he hasn't been back to Hardin County since September 8, 2007. Brent Smith who is a military police officer described how on September 10, 2007 at 1300 hours he reported to work and was assigned to patrol duties. Brent Smith stated that his patrol partner was 'Private First Class Aulden who was interviewed by Det. Gillingham. See Det. Gillingham's attached supplement regarding interview. Brent Smith described how he logged in his military issued firearm at 2200 hours and he proceeded to Central dispatch and spoke with two female dispatchers that were on duty. Brent Smith then described how he left the dispatch center and went to his room at the barracks he resides at and. changed into civilian clothing. Brent Smith then described how he used an ATM machine at the PX at 2253 hours and withdrawn $83.00. This info was verified by his bank records. Brent Smith stated that he purchased the female dispatchers coffee and soft drinks 'and proceeded back to central dispatch. Brent Smith impli ed
- 66. how he waswith the dispatchers until 0200 hours September 11, 2007, and immediately following that he proceeded off base and visited several automobile dealerships located in the surrounding area of Fort Campbell Ky. Brent Smith stated that he first preceded Toyota and Patriot car dealerships in search of a pick-up truck. The above mentioned locations are in Hopkinsville Ky. approximately 10 miles north of base. Brent Smith described how he didn't actually park on the lot of the dealerships; however, he described how he had driven on the service roads adjacent to the lot. The two dealerships are 000555 directly next to each other. Brent Smith then describes how he proceeded to a dealership in Clarksville TN. named Wyatt Johnson. As his earlier statement Brent Smith describes how he parked adjacent to the lot not putting him self directly on the lot. Brent Smith implied he arrived back at the barracks approximately 0300 hours and went to sleep. I asked Brent Smith if his roommate (PFC Hebner) was in the room and if so was he awakened; Brent Smith, replied "no." It was later discovered that Brent Smith's roommate, Colton Hebner, had awakened at 0530 hours and Brent Smith wasn't present in the room. I asked Brent Smith if he had placed fuel in his vehicle during the early morning hours of September 11, 2007 and he replied "no." 000556 KENTUCKY STATE POLIC KYIBRS INITIAL REPORT (WALKER) September 11, 2007 / 2100 hours / Re-interview Brent Smith at barracks. Brent Smith had given me verbal permission to search his room at Bldg. 6730 A-Shua-Valley Fort Campbell Ky. 42223. Upon arriving at his room at the above mentioned location I initiated a second interview regarding his activities during the early morning hours of September 11, 2007. Brent Smith's second statement was similar to his first statement that was provided
- 67. earlier at theMP station leading up to 0100 hours; however, he described how he went to Wyatt Johnson dealership located in Clarksville Tennessee then he proceeded to Toyota and Patriot dealerships located in Hopkinsville Ky. This statement was in contradiction to his initial statement describing how he proceeded to Hopkinsville Ky first then traveled to Wyatt Johnson in Clarksville TN. Brent Smith then described how he couldn't sleep and drove around Fort Campbell and the surrounding area and didn't arrive back at the barracks until 0530-0600 hours. During this statement Brent Smith had described how he had stopped at the Pilot station located in Oak Grove Ky. approximately 0500 hours and purchased gas for his van. Brent Smith stated that the dollar amount was approximately $36.00 and he used his Bank debit card during this purchase. It was later discovered through subpoenaed records that he didn't purchase gas at the described Pilot station with said debit card. Brent Smith had stated that he was only gone four hours and that wouldn't give him enough time to drive to Rineyville Ky. and then back to Fort Campbell. While in Brent Smith's room, he identified the clothing to include shoes he was wearing the night in question. Brent Smith had voluntary relinquished the military uniform (item# 63-64) he was wearing at work on September 10, 2007. Brent Smith also provided me with two pairs of athletic shoes (item# 55 & 57) and a pair of blue jeans and a T-shirt (item# 54 & 60) Brent Smith had described how during the early hours of September 11, 2007 he had jumped a water ditch and his pants (item# 57) and shoes (item# 60) became wet and soiled. Brent Smith had described how he had washed his pants (item# 54) during the morning hours of September 11, 2007 after he returned back to the barracks. 000557 KENTUCKY STATE POLIC KYIBRS INITIAL REPORT (WALKER) September 11, 2007 / 2200 hours /Interview Colton Hebner. I met with Colton Hebner in the barrack's recreation room
- 68. regarding this interview.Colton Hebner is Brent Smith's roommate and it was described by Colton Hebner that they had been roommates for the past several weeks. Colton Hebner described how he has been in the military for a total of five years and has known Brent Smith during the past two years. Colton Hebner described how he had knowledge that Brent Smith was going through divorce procedures and that is why he was ordered to move into the barracks by his chain-of-command regarding a domestic dispute on or about July 2007. Colton Hebner described how he wakes-up at 0530 every morning and remains in the room until 0600 hours. Colton Hebner stated that he was in his room asleep when on or about September 10, 2007 approximately 2340 hours, he heard Brent Smith enter the room and changed from his military clothing into civilian attire. Colton Hebner described how Brent Smith received a phone call while he was in the room and Colton Hebner believes the caller was a female. Colton Hebner stated that once Brent Smith had changed clothing, Brent Smith had left the room. Colton Hebner described how he noticed that Brent Smith had placed his cell phone on the phone charger and left the room without his cell. Colton Hebner described how he awakened at 0530 on September 11 , 2007 and Brent Smith wasn't in the room. Colton Hebner described how he left the room at 0600 hours for physical fitness (PT) formation and Brent Smith was not present in the room. Colton Hebner described how he returned to the room at 0635 and observed Brent Smith asleep in his bunk. Colton Hebner stated that he didn't want to disturb Brent Smith so he left the room. Colton Hebner described how when he returned to the third floor, the same floor the room is located at, he noticed that Brent Smith had exited the latrine area and he was holding what appeared to be a wet Nascar soft cap. Colton Hebner described how he asked Brent Smith about his wet hat and Brent Smith explained how he had to wash it because it got muddy overnight. Colton Hebner stated that approximately 1135 hours
- 69. on September 11,2007; he overheard Brent Smith tell his divorce attorney (Brad Carter) that Tracy Smith had retrieved the Ruger 9mm pistol from him several weeks ago. From phone records, it was determined that Brent Smith received a phone call from Michelle Larsen at 2337 hours. Agents with Department of Defense Investigative Services (DCIS) had interviewed Michelle Larsen and Lindsey Brook regarding Brent Smith's alibi and discovered that Brent Smith had contacted Michelle Larsen (911 dispatcher at Fort Campbell) and asked her to include Lindsey Brook, to lie to investigators regarding this investigation. lt was noted through Brent Smith's cell phone records that he had contacted Michelle Brook on September 11, 2007 2107 hours asking her to tell investigators that they were together from September 10 thru September 11 2007, 0100 hours. Brent Smith had placed this call while I and Det. Gilllingham were interviewing Colton Help. See attach DCIS report regarding their interviews. The interview of Colton Hebner was recorded on digital voice recorder. 000524 KENTUCKY STATE POLIC KYIBRS INITIAL REPORT (WALKER) September 11, 2007 / 2300 hours I Re-interview Brent Smith. Immediately after interviewing Colton Help in the Barrack's recreation room, I along with Brent Smith had proceeded back to his room located on the third floor. As I entered his room I observed a white Nascar racing hat resting on his bed. I asked Brent Smith if he was wearing a Nascar hat during the evening in question and he stated no. I asked Brent Smith if he had recently washed any hats recently and he stated no. I informed Brent Smith that his roommate had informed me that he was observed during the early hours of September 11, 2007 holding a wet Nascar-hat and he informed the roommate that the hat was recently washed. Brent Smith admitted that he did wash the hat. I asked Brent Smith why did he lie and he described how he washed the hat by hand and stated, "I thought you asked if I
- 70. washed it inthe washing machine which I didn't." Brent Smith described how the hat in question was in his van during the evening in question and there came a point when the hat fell on the floor board of the van when he accidentally stepped on it. The white Nascar hat (item # 53) was released into my possession. I asked Brent Smith when was the last time he purchased ammunition for the Ruger pistol; he described how he purchased ammunition on or about July 2007 and shot all of the ammunition for this said firearm within a short time of purchase. Brent Smith still couldn't provide me with the correct caliber of the firearm which I thought was odd. Brent Smith described how the box contained 15 to 20 rounds and he believes the ammunition was Teflon hollow points; similar to the bullets that were recovered at the crime scene. See Det. Matt Johnson's attach supplement regarding crime scene processing. I asked Brent Smith If he was sure if he didn't have any ammunition in his van (POV) and he stated no; he replied, "I shot everything in July." I informed Brent Smith that Det. Gillingham had interviewed his patrol partner, PFC Aulden, and this individual described how on September 9, 2007 they were on patrol together and PFC Aulden stated that he wish he had some spare 9mm ammunition so he could shoot a large deer they observed on the side of the road during their patrol. I asked Brent Smith if he informed PFC Aulden that he did have some spare ammo. Brent Smith described how he told PFC Aulden that he had spare ammo and once they got of duty that evening Brent Smith described how he actually checked the glove box in his van for this ammo and realized that he shot all of the ammo back in July 2007. See Det. Gillingham's attach supplement regarding interview of PFC Aulden. I asked Brent Smith to describe his activities again during the early morning hours of September 11, 2007. Brent Smith stated that he was with Michelle Lovelace and Lindsey Brooks until 0100 hours and following that he proceeded off base and purchased fuel at the Pilot station in Oak Grove Ky. at 0130 hours. I questioned Brent Smith regarding the time he placed
- 71. fuel in hisvehicle. I informed Brent Smith that during his prior statement he disclosed that he received gas at 0500 hours. Brent Smith stated that the first time. I immediately stopped Brent Smith and asked him if he purchased gas twice during the morning in question. Brent Smith stated that he purchased the gas at 0130 hours; however, he described how he arrived at the barracks at 0300 hours, slept in the vehicle until 0500 hours with the engine and air condition running. He then described how at 0500 hours he drove back off base to the same pilot station and purchased a one liter Mountain Dew. Brent Smith stated this was approximately 0530 hours. Brent Smith then stated that he arrived back at the barracks approximately 0600 and his roommate was not present. I asked Brent Smith to provide "me with more details regarding the 000558 firearm he alleges Tracy Smith had taken from his possession approximately 2 1/2 weeks ago. Brent Smith stated that he received the gun (Ruger P-90) on or about April 2007 from Tracy Smith's father, David Wilson Sr. Brent Smith still couldn't provide me with the correct caliber. At this point he still is inferring a possible caliber of 40-45. It was later verified by Tracy Smith's father that the caliber was 9mm; the same caliber of shell casings that were identified at the crime scene. During this investigation Det. Gillingham had identified an acquaintance (Sgt. Devane) of Brent Smith who describes how he thought Brent Smith was going to harm self or others and had taken possession of the firearm in question; however, it was returned to Brent Smith upon his request nine days prior to the incident in question. This statement from Sgt. Devane contradicts Brent Smith's statement describing how Tracy Smith had taken possession of the firearm fourteen plus days prior to the incident. See Det. Gillingham's attach supplement regarding Sgt. Devane's interview. I asked Brent Smith if his son, Eion Smith, would make-up a lie against him. Brent Smith replied, "I would go up to him, I mean talk to him on the phone and Eion would say I don't want to talk
- 72. to him, he'sa bad daddy right know he's not here." Brent Smith described his son as being smart. It is believed that Eion Smith had made similar statements referring to his dad as "bad daddy" during his forensic interview. See Det. Gillingham's attach supplement of forensic interview of Eion Smith and Matthew Peterson. 000559 KENTUCKY STATE POLIC KYIBRS INITIAL REPORT (WALKER) September 12, 2007 / 0030 hours. I along with Det. Gillingham and Brent Smith had proceeded back to the MP station where Brent Smith's vehicle was located. Brent Smith had provided written consent to search his vehicle. See attach consent. During the search, the driver's side floor mat (item# 56), a pistol holster (item# 58) located underneath driver's seat, and black ammo pouch (item# 59) were all removed from the vehicle and retained for evidentiary purposes. 000608 KENTUCKY STATE POLIC KYIBRS INITIAL REPORT (WALKER) September 13, 2007 / 1200 hours. Brent Smith had granted me permission along with SA Greer, to search his vehicle with an alternate light source. During this examination, possible human body fluids were detected on the steering wheel, driver's seat, and child seat cover (item# 52). In addition to the above mentioned locations, a pair of black gloves (item# 50) was located underneath the driver's seat with suspected body fluids. SA Greer had completed a federal affidavit requesting the authorization to seize the vehicle based upon the light source examination. See attach federal seizure authorization form. 0KENTUCKY STATE POLIC KYIBRS INITIAL REPORT (WALKER) September 13, 2007 / 1300 hours. I asked Brent Smith if I could examine his cell phone regarding
- 73. ascertaining the serialnumber and ICME number. Brent Smith gave me consent regarding this request. I asked Brent Smith if he had his cell phone with him while he was truck shopping during the morning in question and he stated yes. It was later discovered that his cell phone was turned off and left in his room. 000485 KENTUCKY STATE POLIC KYIBRS INITIAL REPORT (WALKER) September 13, 2007 / 1700 hours. Brent Smith was administered a polygraph test in Madisonville Ky. regarding this investigation. Polygraph examiner, John Bruner, had administered the test. Brent Smith displayed signs of deception during the test. See attach polygraph test report. 000577 KENTUCKY STATE POLIC KYIBRS INITIAL REPORT (WALKER) September 20, 2007 / 0900 hours. I met with Steve Barrett, sales manager of Toyota of Hopkinsville, 4395 Fort Campbell Blvd. Hopkinsville Ky. 42240. I provided Mr. Barrett with some information related to this investigation and inquired about the business video surveilli:mce system. Mr. Barrett described how they don't have a surveillance system. Mr. Barrett described how he recognized Brent Smith however; after reviewing his customer contact information, no records related to Brent Smith visiting the dealership was identified. 000493 KENTUCKY STATE POLIC KYIBRS INITIAL REPORT (WALKER) September 20, 2007 / 0915 hours I met with Jerry Jameson, general manager of Patriot Chevrolet, 4401 Fort Campbell Blvd. Hopkinsville Ky. 42240. I provided Mr. Jameson with some information related to this investigation and inquired about the business video surveillance system. Mr. Jameson described how they don't have a surveillance system.
- 74. 000526 KENTUCKY STATE POLIC KYIBRSINITIAL REPORT (WALKER) September 20, 2007 / 1000 hours. I met with Don Carington, a broker with Coldwell Banker, 2469-B Fort Campbell Blvd. Clarksville TN. 37042. Mr. Carington had escorted myself along with Det. Johnson and Det. Scott to 1035 Summer Haven Rd. Clarksville TN; this is the residence Brent and Tracy Smith had leased up until September 7, 2007. Det. Johnson and Det. Scott had searched the residence while I interviewed Don Carington. Mr. Carington described how Brent Smith had placed the key in the drop box on the evening of September 7, 2007 and on the morning of September 10, 2007 he arrived at the office verifying that they received the key to the residence. Mr. Carington described how one of his associates arrived at the residence on September 10, 2007 to inspect the residence and nothing out of the ordinary was noted. Mr. Carington described how the Smith's resided at the residence for approximately 3 years; he described how he received no complaints related to the Burkes. Mr. Carington did describe how several weeks prior to the murders, Brent Smith had described to him how Tracy Smith would go off and leave the children. Brent Smith also stated that this would come to an end very shortly. The entire residence was empty and no items were taken during the walk-through. 000502 KENTUCKY STATE POLIC KYIBRS INITIAL REPORT (WALKER) September 20, 2007 / 1045 hours. I met with Det. Jones, Clarksville Police Department (District 1) regarding this investigation. Det. Jones had provided me with copies of their incident reports regarding different calls related to the Burkes' former residence. One report described a verbal domestic dispute that occurred on May 26, 2007. This report described a verbal dispute and no arrests were made. See attach report.
- 75. 000584 .· // .. '(~ ,. '09/20/2007 11: 33 CITY RECORDS ~ PAGE 01/04 ,.·.~ 1~ r''''' "'-.. . " ' . .' - . . 32 Cl. ANTI.ff " ' - 33 a ANT•~·.. .U 0 AHTJ.fEMALE llO)l,OSEXUAL (LESBWl) A3 c Alffi.H~M.IGAYs& LESBIANS) 44 a ANTI-HETEROSEXUAL " " ' 15a OTHERf1REARM 20a KNIFEICUTTlHGINSTRUJAENT wa BLUNTOBJECT 35U MOTORVEHICl..E '°Cl FERSOHAI. W.ooNs soCJ POISONING 60 IJ EXP.OSIVES 650 ARE/INCENDIARY Tracy RELIGIOUS 21 C ANTWEWISH 22 c ~ 21 0 ~40 _,,..,,,,,...,C(MOSl.Btl ANTl.ort!ERRELIGION ~CJ ANll-RELIGIOUSQROUP :11 0 ANTI-ATiiEJST/AGNOSTICISM ~a~H<NOSEXWt!GA'l TYPE,M!APOHIFORClalNVOIYED: (OleckUpTo'lluee) tEn:erAnbllltif~l COUNraAFEl'llNG IFORGERY STCl£NFROPERl'YOfFENSES DRUGI NARCOTIC'lllOlATIONS
- 76. DRUQ EQUIP. Wll.ATIOHSGAllBUNGEQUIP.VIOLAllONS PORNOGRAPHYI OBSCENEMATERIAL WEAPON5 l.XJI VlOl.ATIONS B U BUYIJllGIRECEIVING C Cl CULTIVATINGIM,¥1Ufi PUllUSHING a a E CJ EXP. T Cl TRANSPORTlllGITRAHSMITTING llll'ORTIHG RAC_!AI: 11 C ANIWff1E 12 a Alm8lACK 13 CJ ANTl-AMERICAtf INDINVI .. ALASJW(N,tTIVE . • 14 CJ .ANll-ASIANIPACIFICISLANDER 5Cl ~.Mllln.RACJALGROUP · . u CJ USINGI CONSUMING ~ ic;.,.-'~CJ-~:-'-l'H'l'SICAl.-.;.;·__~--------~-~-ANl.8--- IS_EXVAL----~--------J.----~---------'---------~------------~ ,,.0 F.IREARMll'fpe Nll smed) 120 JiANOgur( 130 RIR.E 140.SHOTGUN 70 IJ NARcxrncsI DRUGS BSa MJllMCIATION 90a OTHER 9SCJ JliMOWN 99Q)ION! CH&CKONLYFOR: TYPEOFCRIWNALACTMTY(lll!dlUpToTlw:) 5. Smith WORK#: An Id l T I YE 000585 I I
- 77. / 09/20/2007 11: ·33 CITYRECORDS PAGE 02/04 Ila > =12 CONSUMABLE GOODS CREOtTIOS!IT CARDS DRUGS/NARCOTIC 23 DRUGSI NARCOTIC EOUll'!Brr 2 ' MONEY 33 NEGOllABLE INSTRVM!il'lTS NQN.NEGOTWllE INST!tUl.IENTS OFFICE-TYPE EQUIPMENT OlliER MOTOR veHICLES PURSES t HAN0eAGS f WAl.l.ETS llAOIOS I TVs I VCR& PFIOPERlY DESCRIP'TION INCLUDE MAKE, MODEL Sllli, TYPE. SERIAL#, CQ..OR ETC• lYPE!'RCPElm' LOSS IETC~ t'NONE;;. 3. COU1l1E1V'E1TED I FORGED 4. ~DIOESTROVED GAMBLING EQUIPMENT S. RECOVERED a.SEIZED 7.S10l.EN &.UNKNOWN 9.NONNll!RS 111. ioweo 2.BURNED PROPER1'f OESCRIPTlON'CODE TABLE: GI AIRCRAFT oz Al.COHO!. ; . 03 A1l1CMlB1LE5 llC. BICYCl£ as euses· aG O.OlliES I FURS .rn · COMPUTER 1l lfi 19 17 ~ 19 2Q ~I az 21 RECORDING-AUOIO I VISUAL RECREATIONAL VEHICLES STRUCTURE$.$1NGLE
- 78. OCCUPANCY tlWEl.l.ING wA. ia. " .. .. V9iKli: 'TYPE: .. NCICI TYPE. . .... r:ooe .. Ol'Y. YEAR: wt INVENTORY: MAKE: srn.E: DRUG TYPES: VrJ.UE: NClC: DATE: J PCP K OTHER HAU.UC L ALDOMETIMETAM N OlliER STlMlJlANTS N E!AAlllTIJRATES 0 OTHERDEPRESSANTS p CJTHER DRUGS ti Uf«NOMj x OVER TKREE Pl gg 10 11 •13 " ..... : ... ~ DRUG:tl: DRUGll2:
- 79. ~3 : ESTUWm GVMntr. 1~ llWURENen: DATE EHTERED:TOWED10: TYPI; OF DRUG llEASUREMSfT; :25 F.1REARMS 2!i FARM EQUlPMENT .. .. ·07-£11 2- g7616 ·- GU8f'£G1ED DRUGTIR: 03 tn11n11 c: TYPE/ CODE: MODEL: ~Et. STATE: 1~ COlOR(s~ HEAVY CONSTRJCTION I INDUSTRIAL EOUIPMEl'IT HOUSEHOID GOODS JEWEi.RY tPRECIOUS METALS l.MSTOCK P.ERCliANOISE :za 29 :m. STRUCTURES-OTHERDWE!.UNGS A CRACK COCAINE IJHITS 8 c HAU.UC 0 HEROIN E UARIJUANA F MORPHINE . G H I
- 80. OPIUM 01HER t1AACOTIC$ LSD 0lllOOOR U01JTDOOR CBOTH ll NUMBER Of PLOTS LATITUllE LONGITUllE COCAINE (OTI-IER} UNIT NP ONUUBER OFPl.Alm XX ONOT fOROFFICIALU:;E ONLY EXHl!I LAllENFORCEMENTS£HS 1 r IH 000586 31 32 STRUCTIJRE&oTHECOMMERCW.I BUSINeSS SiRUC~IMANUFACTUR!NG STRUC'TURES.fUl!LlC I COMMUNITY 34 S1RUC1UR&S.STORAGE 3S STRUCT1.JRES-01HER 3S TOOLS-l'OWERI HAN1> ':II 1RUCKS :la vei!Cl.e PARTS I Aca:SSORl5S 3!I WAlERCRAFT 71 OTHER 111 PENO!tlG INVENTORY !19 I VALUE WEIGlfl' GM OGRAM KG 0 KILOGRAM LT ULITl:R OZ CJ OUNCE LB 0 l'OUNO FO OR.UID OtJNCE GI.. CGALLON
- 81. REl'ORTEO CAP AQl'Y ML QMIWUTEll OU a DOSAGE U: ltARIJUANA. COlr.!PLETE 11!E FOLLOWING: -... tlAMEREASONcones: r~ z cC SOCIAL SecuRITY ii: VINO 0 GAR U VFIN Cl Cl Wi7IM I COUP. 1liE SAME !NJ 0 ]!IJURED PERSON VDmi eY"Vlcml IS OOMES'llC COM C COldPlA!NANT Brent VBUS Cl VGOV C YUNK 0 HOMS I: VICTIM IS BUSINESS VICTIM IS GOVt ORG. VICTIM IS UNKNOWN AKA 0 AUAS IHfOR!AATION VPOL 0 VICTIM IS POt.ICE OfFCER VIia Q w:TIM IS RBJG'JOUS VICTIM IS INDIVIDUAL GUARDIAN VlC1lM IS FIHAACIAl. ORG. .... a. :E u0 ...... -TOORIEHSEHUMBER OfClARGUMENT Smith NAME; LAST FIRST: SEX:
- 82. Mt:r'l4AlE F a F'8.IA!..E Ua UNKNOWN AGGllAVAtit>ASSAUUJHOWCll>.E CIKCU R~ RACE: WllVWHJTE B 0 81.ACK ETH1N11;1TY: HtJ l!ISPANJC N a1foN.lllSPANIC U 0 UNJ(NQ'r'N : (Checlc UpToTWll) 06IJLOVERSQUARREL 070 '14SRCYKIUING 08 tJ OTllER FELONY INVOLVED O&0 OTHERCtRCUMSl'AtlCES 10CJ UNKHOWNCIRCOt.ISTANCES N CJ NO:f.RESlllENT U CJ UNICNOWH WORKt: . cil"l': Cfc.r/(~:JI RESID.ENTSlATUS: r ... r oa OfFICERACClOENTt.YKILLED_' 05 Cl OETISP. ASSl~UMT ASST. C6 a Oll1ER. ALONE f11 Q 01HCR, ASSISJED -u > 51! - CS _ VICTIM CONHECTED INJURYllPE: (Clledc Up ToFM!) 020 ASSULTONLAWOFFICER :i t°~ 4Cl 03 a ORUG DEALING N~ B 0 BROKEN BONES I 0 POSS. INT. INJURIES L C SEVERElACERATIO!>.I BABYSITTER 11W1YJ BOYA?IRL FRlENO CHllD OF "BG" ABOVE HOMOS£XUALREL t:x-SPOUSE ~ 0 MINORINJURY 0 Cl MAJOR INJURY i 0 LOSSOFTE!Tll'
- 83. U 1:.1 llNCONSCIOUSNESS EMPLOYEE BIFIJ1r£R. ornER'MSE KNOWN STRANGER . VICY!M W/IS OFFEHDER RB.ATIONSHIP UNKNOWN ... 20 so 04 Cl GANGLAND 3IJ 6C 050 JlNENlLEGANG TOOLS USED: 010 CROWBAR oza SCREURIVER ma SLEDGE IWiMER 04 u LOa< PIQ(S 05c 80(.j M1ERS 060 B!il!CK f110 A.IERS 01! t:1 DEHT PUl.l.eR ~ METHODClfENTRY: II; 0 :& 090 TIRElOOL 101.J FOOT 11 U CINDER 61.0CK UCROCK 1J : l !!LUNT OBJECT 140KEY fSC OTHER PDINT OF ENTRY: 010 FROODOOR 02lJ BAO<DOOR 03Cl SUlEDOOR I>'0 SIJOl1.'GGASSDOOR 05 CJ GARAGE DOOR 01 U CUT Ffl(lt.'.e LINE 02CJ etrrPOWERSUPPLY 051.l CEAD80LTLOC1C C6 O SliCUiU1Y BAR 070 CW.JN V8Cl LOCK ~ 0 I Cl 1ND!AN A 0 ASIAN U 0 UNICHDWN ~OFVIC11110OFF.ElltleR:(jlorMullP&a!fandarrelalbn,.unlarak nder~S}il:spa:a.J PA _
- 84. STC1'Sll!llMG OTHER FAMll.YACQllAIHTM'CE S8 _ CH - NE - NEIGklJOR SfOUSE . CCfJMOH.IAW SPOUSE PARENT SlBUNG CHILD · GRAmll'MENT GRANDOW> INolAW SS - OF - AQ - F R _ FRJEND EE - l!R - OK - ·- ST - VO - RU - 120 PRYING UTPERPETRATOR HIDIHSIOE TU. CLOSE 0 THROUGHWINDOW DOl!ESllC VIOLENCE: RE~FERlLS: ( f Dlrnnlic Vlo!sm:a) L SCJ PROVIOEDFORSN'ESliELTER 07 OPTIONsEJCPl.AIHED I.IDMEDICAl.ATTemOHR!CU!RfD 0C fEfERREDFOROTHERSIJPFORT Aa ARJ11:STMADS INCllJEHTTYPE: ACJ OFACERASSIWl.lED A&SlGllllEHI' TYPE: 01 0 TWOMANUNrT 02 U CHEMANUNIT,Al.ONE I:. AH J B l AIHNF0RC£M£NTS_£HS(TJVE ACTMTYTYPE: 01 U DO!lESTICCALL 02 c OneR~<?U-C I D03 2- 97616 05 oa a B&EINPROGRESSIPURSUIT
- 85. BSERYINPROGREssIPURSIJrr ATT.OTHEFtARRESTS 170/E0 39'i1d LLPZESStE6 ..L00_Z/0Z/60 GP - GC - l _ SP - - STEl'PAREHT SC _ STEl'Olll.D BE - BG - CF - lftt _ XS - AIR CONDITIONER 10C EH'1RYVIAUNLOCKEDDOOR 11 U ENTR'f CONCEALBYSHRUBS Y 0 NCl WAS VlOl.ATION OF CRDCR OF FRO'll!CTION IN/Ol~ WARRANTSIGHEO8'Y: 0 0 OFFICE.ll VCl VICTIM WAS VlCllM ACOUfGE STUDEIITT Y[J ON CJ Fa OfFlCERl<ILLED e CJ eon; 04 0 07 Cl IWWUNGPRISON 08 CJ SUSPIC!OUS PERSON 119 Cl AM!USH EE : n N u t " / O F F W ' DID Ol'FENSE OCCUR OH I Of!' CAMPUS? lAW~OFF!CCRSKILL!OANDASSAULTEDll.EQKAI: .(MANDATORYIFVICTIMISLAWENFtlRCEl~O~p R0 FF I CI AL U::, E U N_L l Cl CIVILDISORDER .•·; . 000587 N A M E ; L A S T : F I R S T : / M I O O U : : ( ) H O M E # en HOUSE: STRE.Er. / CITY: STATE: I )W~RX# ZIPCOCE: I )WORK# ZJPCODE: n~.J..;e<; ·
- 86. fl) -zw NAME: ( )HOME#STATE: S S N # : ~o+.L w -> ic~ z .. COB: SEX: ETHNICIY RACE: SSN#: MIDDLE: CITY: RACE: ~ r..r..ue t.....r;ll·e+J Stt:..+eMef...1-k a_,._,,,J ~.i~ic'j ... HOUSE: DOB: SEX: STREEl: / / LAST: / f'IRS'r. ETHNICITY: ( I Mr. . Mrs. Smith hr.J c.. (.fe. (" k~1 I"~ rt:.u t'r'le...s + "/,t"'t'c..d'c-..l flnMP<,~;t'. l/:n)~.c..JCP l~'"""'c; r.vece. ,,~n f<...;l.)JO ,.) I a / ; , - 1 £ 1 ; f. / 1 4 n ~'-' { t VJ GANG ACTIVITY: "z N~GANG ACTMlY c C CJ ORGANIZED CRIME MCl MISCELLANEOUS CASE STATUS: " At:.CACTIVE IN~CTIVE CL OAOM. CLOSED GJ IJGRAND JURY
- 87. TCJPRISONIGANGISECURITYTHREATGROUP 0 0 OU'Tl.AWMOTORCYCLE GANG SClSTREE'I'GANG R 0 TERRORIST I SUBVERSIV!O GROUP C80CAU.8ACK WFOWARRANTI PETITION OFFICER: NAME: REP R: APPRovr. s._lt ,.£.... / -~(f DATE: ~---f/7 .. .. , .. .. .. .. ADCCL.OSED SY ARREST UNO UNFOUNDED EX OEXCEFTION A ODEATH OF OFFENDER B OPAOSECUTION DECLINED CQEXTRAOmON DECLINED DIJREFUSED TO COOPERATE E [JJWENILE NO CUSTODY .I , SUPY .PIN#: ASSIGNED DAlE: ASSIGNED J-)t:) nl.1,,,.:,..::..1 ; ,.~;.v0 tI.) I .. .. .. PIN #: A'iGNATURE OFACER UPDATING STATUS: SIGNATURE OFFICERUPDATING STATUS: ·--·--···. U"U v 1 , ..
- 88. . -· DATE STATUSUP.OA'l'ED: n-........-- ftftAAA SiATUS: """ " .. P0/P0 ~d LIPlESStE6 EE:tt L00l/0l/60 35"s~ ~ R: DATE STATUSi.:.•....:: I ." I u u tJ L tJ I U °STATUS: r" 11n11 r to ....p -u ~ "'""~ u..... ..-.. - "-'AfltU •"'"'u ..~v I. AWENfORCEMENTSEl5 ~ f IVE 000588 09/20/2007 11:~~ CLARKSVILLE POLICE DEPARTMENT (.;.!.IY l<t:.W'<ib t'AbC. l:Jlll:l.S ·~C0e;ff; 07-J/ll't Name Tracy Smith STATEMENT L. seic Race 0.0.B. fW' i) ~~ .-oc,7) Address To Whom Giten #""' ( D293-07-C!D03Z-97616 FOUO/LES FoRoFr ' c' ALusE oNL vPf1.IDFi LAW£NFn9C£M£NTSENs Br . I TIVE
- 89. d..o tC 000589 f ~c..Se. #Month o/ os 09/20/2007 11:53 CLARKSVILLE POLICE DEPARTMENT CITY RECXJRDS ~ ST A TEMENT PAGE 02/03 D I - I I 1 l o Nims . Tracy Smith Sex Race . Address ~w d AgeneylD Year . 0~30} TN CPD016 FOUOILES TcWhomGM=n 000590 0 9 / 2 0 / 2 0 0 7 1 1 : 5 3 93155r'~i17 CITY RECORDS ~ Cc.Se #67-.JJ/J ~ ... STATEMENT Brent Smith P AGE 0 3 / 0 3 (CPO 016} ·0293-07-
- 90. FOUO/LES f0R0FFICIALU5EDNLr EXH1feb_Ct° ~0+b L~WfNFnPCE!o!rNTSENSITIH ....r ., Tracy Smith Tracy Smith 000591 CAD203 ~l Information Maintenanc~ Select search method: 6 ,1, .-. ~.x.a.c.t, .c.a.1,1, ,#, - ,2, .-. ,L.i,s;t. PY. ,C,a,1,1, .#. .3..-. .L.i.s.t. PY. P.a.t.e, .&. .T.i~e. .4. .-. ;L,i.s.t, PY..c.a.1.1,e.r. ;N:~e. 'A .-. .L.i.s;t, PY. :O.i.sp,o,s,i;t,i,o,n. .B. .-. .L.i,s;t, PY. ,C,a,1,1, ,Typ,e, .c..-..L.i.s.t. PY. :V~.h.-. ,L,i.c..#. :0. .-. ;L,i,s.t. PY. Y.e"ti... ~a.k.e. · · :C:a:1:1: ~~:e:r::: '0'6'0'3'4'0'1'3'1' · · · · · ·c·a·1·1· .T.yp'e'. ·: · '0'5'9' :H:a:r:a:s:s:rre:n:t: : : : : : : : : : : : : : : :P:o:1:i:c:e: · Entry Day/Tm: 2/03/06 08: 02: 22 End Date/Tim: 2/03/06 08: 32: 47 Caller Name: Last SMITH REVIEW 059 .H.a,r,a.s.s}Il,e,n.t............ , , , Address... : Dr Mod Source: RD Mod ,M,aP.r.:, CPDBl City/State: .L.o.c.a.t,i,o,n.. ,•.·.:, ..C.i.ty,.,.,.......,:. CLARKSVILLE ,B,l,o,c.k.#,:. NARRATIVE .L.o.c. ,I,D,:, First TRACY Phone#: 1000 ,P,o,l,i.c,e, Mid See Caller: 001 per 236b he will call the comp ·002 per 236b ...per 236b he will be enr to this
- 91. 003 location 004 per236b he has information for a report 001 has been receiving phone calls at all hors of night 1 CADPC6A 2 CADPC6A 3 CADPC6A 4 CADPC6A F7=Scroll Back FS=Scroll Forward Fl2=Return No Update 08:05:03 08:24:43 08:24:43 08:25:39 08:03:10 0Z93-07-CID032-97616 FOUO/LES FOROFF1c1AlUS£ DN lA VfHFflPCfMfPJJ l r 1 CADPC9B EXH1s, SfHs1r1vr 000592 r ' Select search method: 6 .1..-. ~.x.a,c.t. ,C,a,1,1..#. .2. .-. .L.i,s;t, PY. .c.a.1.1, .#. ,3, .-. .L.i.s,t. PY. P,a;t,e, ,&, .T.~e. ,4, .-. .L.i.s.t. PY. ,C,a.1.1,e,r. :N.aAe. 00 A .-. ,L,i.s;t, PY. P.i.sp,o,s.i.t.i.o,n. ,B, .-. ,L.i,s.t. py, .c.a,1.1, ,Typ,e, ,C, .-, ,L,i,s;t. PY. :V.e)l... .L.i.c..#. .D. .-. ,L,i,s:t. PY. :V.e'f:i... ~.k.e. CA0203 ~1 Information Maintenance~ · · :c:a:1:1: ~~:e:r::: '0'7'1'4's'o'1's's' · · · · · 'c'a'1'i' T yp·e·. ·=· '0'4'1' :o:o:ne:s:t:i:c: 'f..1:r:e:a:d:i :o:c:c:u:r:e:d: ~:0:1:i:c~: · Entry DayITm: 5/26/07 07:51:59 REVIEW 040 ,QO.Ire,s,t.i,c, ,I,n, .P.r,o,g,r,e,s.s. .... End Date/Tim: 5/26/07 09: 28: 04 Caller Name: Last SMITH First BRENT Address...: N City/State: CLARKSVILLE Phone#: .L.o.c,a.t.i,0,n, ...... :, , ,C,i,ty,.,.....,....:, CLARKSVILLE .,B,l,o,c,k,#.:. 1000 ,P,o,l.i,c,e. Mid See Caller: RD Mod Source: 911
- 92. RD Mod .L.o,c, .I.0.:..M.ap,r,:. CPDBl NARRATIVE 001 Call change from 62I to 62A BY CADPC4A P 03 0000000130 001 wife just pushed him into a wall = she has left at this 002 time -- in a 99 green camaro convertable -- heading twds 003 oak grove.........refused 47.............d 001 SEE CALL Xl60 07:52:09 07:52:24 07:52:54 07:52:54 07:55:45 1 CADPC6B 1 CAD 1 CADPC4A 2 CADPC4A F7=Scroll Back FS=Scroll Forward Fl2=Return No Update 0293-07-C I003 Z-976tii FOUOILES .i fOROHICIALUSE ONLY EUllUi L t . , W£ N F O R C E M E N T S E N S I f l l E ] 3 CADPC4A 000593 CAD"203 ~l Information Maintenanc~ Select search method: 6 ,1..-. .E.x.a.c.t. .c.a.1.1. .#. .2..-..L.i.s,t. PY..c.a.1.1, .#. ,3, .-..L.i.s,t. PY. P.a.t.e, .&..T.~e. .4. .-. ~i.s,t. PY. .C.a.1.1,e,r. ~.~e. 'A .-. ~.i.s,t, PY. P.i.sp,o,s.i.t.i.o.n. ,B, .-. ~.i.s.t. PY..c.a.1.1, ,Typ,e, ,C, .-. ~.i.s,t. PY. :V:e.h,.. ~i.e..#. ,D, .-. .L.i,s;~ PY. :V:e.h,.. ~a.k.e. 111 · · :c~:1:1: ~~:e:r::: 0·6·1·s 9'0'4'3'7' · · ' • 'c'a'1'1' .T.yp'e'. ·:' '0'1'2' Jn:iJn:a:1: :c:a:1:1: : : : : : : : : :- : : : : :P:o:1:i:c:e: · Entry Day/Tm: 7/08/06 19:49:52 End Date/T.im: 7/08/06 20: 08: 43 Caller Name: Last SMITH , ,C,i,ty,.,.,·.·.·.·.:, CLARKSVILLE ,B,l,o,c,k,#,:, NARRATIVE ,P,o,l.i,c.e. See Caller: Y
- 93. Mod REVIEW 012 ln.i;m,a,l,,C,a,1.1, .......... ,,. · First City/State: Phone#: Mid Address ... : Dr 001 pit bull tried to attack compl 7 yr son and him. 002 he caused both of them to fall off their bicycles. 003 he advises there have been complaints on this dog before. 004 no one is hurt but he wants to speak to officer. he advises 005 he is an mp and if this dog comes at them again he will 19:52:08 19:52:08 19:52:08 19:52:08 19:52:08 1 CADPCSA 2 CADPCSA 3 CADPC5A 4 CADPCSA 5 CADPC5A F7=Scroll Back F8=Scroll Forward F12=Return No Update 02 93-07-CIOD32-976lo ,,,..~ - fDflDH IC IA L USE ..-•.. - - -DNLY frllt& ••r,0~,•••f r • ii · .' ~ ' 1000 .L.o,c, ,I,D,:, RD ,M,ap,r,:. CPDBl Mod 000594 CAD203 ~l Information Maintenanc~ Select search method: 6 ,1, .-. .E.x.a.c,t, ,C,a,1,1, .#. ,2, .-. ,L.i,s,t. PY. ,C,a,1.1, ,#, ,3, .-..L.i.s.t. PY. P.a.t.e, ,&, ,T.i;m..e, ,4, .-. .L.i.s.t. PY. .c.a.1,1,e,r, ;N:a;m..e, 0 -,.... .-, ,L,i,s.t, PY. P.i,sp,o,s,i,t.i,o.n. ,B, .-. ,L,i,s.t, PY. ,C,a,1,1. ,Typ,e,
- 94. .c. .-. ,L,i,s.t,PY. :V:e.h,.. .L.i.c, .#. .D. .-. .L.i.s.t. PY. :V:e.h... Xa.k.e. · · :c:a:1:1: ~~~:r::: '0'7'22'3'0'3'4'1' · · · · · 'c'a'1'i' Typ'e'. ·: · '0'4'1' :o:o;n:e:s:t:i:c: °Jl.):r:e:a:dy: :o:c:c:u:r:e:d: :P:o:1:i:c~: · Entry Day/Tm: 8/11/07 13: 45: 29 End Date/Tim: 8/11/07 14: 09: 15 Caller Name: Last SMITH REVIEW 040 ,D,o,m,e,s,t.i,c, ,I,n. ,P,r,o,g,r,e.s,s, .. , , Address ... : Dr Mod Source: 911 RD M o d ,M,ap,r,:, CPDBl 13:48:53 13:46:10 13:48:40 13:48:40 13:48:40 4 CADPC4A First TRACEY Phone#: 1000 ,P,o,l,i,c,e. Mid See Caller: City/State: .L.o,c.a.t,i,o.n, .. ·.·.:. . ,C,i,ty,.;...,.,...,:. CLARKSVILLE ,B,l,0,c,k,#,:, NARRATIVE ,L,o,c, ,l,D,:. 001 Call change from 621 to 62A BY CADPC4A P 03 0000000623 001 compl adv estranged husb at resd causing probs 002 this is ref child custody dispute, husb is supposed 003 to have children now, is upset because compl is moving 004 items out of resd 1 CAD 1 CADPC4A 2 CADPC4A 3 CADPC4A F7=Scroll Back F8=Scroll Forward F12=Return No Update 0293-07-Cl0032-976o fOROFF1e1ALuSE DNlr LAWENFORCENENTSENSEXHIB 1 fQUOflES
- 95. IT IVf 000595 KENTUCKY STATEPOLIC KYIBRS INITIAL REPORT (WALKER) October 4, 2007 /1100 hours. I along with Det. Johnson, Det. Gillingham, and Det. Scott traveled to a farm located in Paducah Ky. regarding this investigation. David Wilson Sr. (victim's father) had described how he discharged his former Ruger 9mm firearm at this location approximately two years ago; he described how he discharged this firearm into a tree regarding target practice. I along with the above mentioned detectives had located this tree and removed a large portion of tree that was later transported to KSP Post-4 for further examination. During the tree removal process a suspected bullet (Item# 65) was recovered and sent to KSP lab for comparison testing with the bullets recovered from the crime scene. 000484 KENTUCKY STATE POLIC KYIBRS INITIAL REPORT (WALKER) October 8, 2007 /Interview, Leonard Price, 0900 hours. I met with Leonard K. Price 312 Winston Place #2 Manhattan KS. 66502 regarding this investigation. Mr. Price was most recently romantically involved with Tracy Smith. This interview was conducted at the Huddle House restaurant located in Radcliff Ky. Mr. Price described how he met Tracy Smith on or about the first week of August 2007; he described how they met at a night club located on Fort Knox Ky. Mr. Price described how Tracy Smith had spent the night with him at his friend 's residence located in Radcliff Ky on September 9, 2007 (Sunday) and she left the residence early Monday morning and proceeded to work at the North Hardin Nursing Home. Mr. Price described how this was his last night being stationed at Fort Knox Ky because he had orders reassigning him to Fort
- 96. Riley KS ..Mr. Price described how he is a full time National Guard soldier and before reporting to Fort Riley Kansas he had to travel to his National Guard Armory located in Northern Kentucky to retrieve some equipment from that location. Mr. Price explained how he spent the night at a hotel located in Newport Ky on September 10, 2007 before traveling to Fort Riley Kansas on the morning of September 11, 2007. Mr. Price described how he contacted Tracey Smith via cell phone at 2153 hours on September 10, 2007 and the conversation lasted six minutes; this was verified by cell phone records. Mr. Price stated that he couldn't identify if she was home or traveling in her car; however, he stated that he couldn't hear any noise in the background. Mr. Price described how he went out to a bar during the late hours of September 10, 2007; he stated that he believes he used his debit card and will provide me with his bank records once he receives them. Mr. Price stated that he left Newport Kentucky early September 11 , 2007 and sent Tracy Smith a text message approximately 0500 hours. Mr. Price described how she didn't respond to this message. Mr. Price described how since he only known Tracy Smith for a month he didn't meet her children nor has he ever been to the residence in question. Mr. Price described how during his short relationship with Tracy Smith she would at times describe the problems she was having with Brent Smith and she was concerned for her safety. Mr. Price described how on occasions Brent Smith had contacted Tracy Smith by telephone and immediately after the phone conversation she would appear to be emotionally drained. This interview was a follow -up interview that Det. Gillingham had conducted several weeks ago via telephone. See attach supplement. 000547 KENTUCKY STATE POLICE KYIBRS SUPPLEMENTARY REPORT (GILLINGHAM) TUESDAY, SEPTEMBER 11,2007 AT 1329 HOURS I ARRIVAL AT THE SCENE I arrived at the scene. The scene had been secured by some
- 97. other officers priorto my arrival. I learned from the other officers that they had. entered the residence, and located two females, both deceased. I also learned that three children had been found inside the residence, and that the children were unharmed. The officers also stated that there were three dogs inside the residence. The Hardin County Animal Control Officer had been notified to respond to the scene to remove the animals. Upon his arrival, I entered the residence along with the Animal Control Officer, and we removed three dogs. We removed a large black and gray dog, possibly a collie mix, from a bedroom. This bedroom is immediately on the left when you enter the residence through the front door. We then removed two more dogs from another bedroom. One of the dogs was white in color, and possibly a Labrador mix. The second dog removed from this bedroom was a brown in color Labrador. These two dogs were removed from a bedroom located down the hallway, on the right. The bedroom was the second bedroom from the end of the hallway. I then exited the crime scene. 000469 KENTUCKY STATE POLICE KYIBRS SUPPLEMENTARY REPORT (GILLINGHAM) 1452 HOURS -1518 HOURS I INTERVIEW WITH MATTHEW PETERSON: I conducted a forensic interview with Matthew Thomas Peterson (juvenile). Matthew Peterson is nine (9) years old. I first asked Matthew Peterson if he knew what I wanted to talk to him about. He stated "the robbery." I asked him to ten me about the robbery. I asked Matthew who lived in the house with him. He stated he lived in the house with his grandmother, grandfather, his brother (Eion), and his sister (Raegan). During the interview, Matthew stated that a man wearing a camouflage jacket entered the residence and shot his grandmother. He also stated that he heard three gunshots. He stated that his grandmother stated "I'm dying," after she had been shot. He stated that the "robber'' also shot his mother, who must have heard the "robber" in the house. He stated the robbery happened
- 98. the previous nightsometime around 6 o'clock. He stated he had been sleeping on the couch in the living room when the "robber" entered the residence. He stated that the living room is located next to the kitchen. After hearing his initial statement I attempted to clarify the time of the shooting. I asked Matthew Peterson if he had been sleeping when the "robber" entered the house. He stated he had been sleeping. I asked him what time he went to sleep the previous night. He stated he went to sleep around 2000 hours. I then asked him if he went to sleep at 2000 hours, how the shooting could have happened at 6 o'clock the previous night. He stated that he was not sure of the exact time, but that it happened shortly (30-50 minutes) before 0657 hours. He stated that after the shooting, he waited a short time to make sure the "robber'' was gone; he then turned on the television. He stated that when he turned the television on, the clock on the television showed the time as 0657 hours. I then asked Matthew what he first remembered upon waking up. He stated he heard three (3} gunshots, and then he heard his grandmother screaming. He stated that he may have then heard one more gunshot. He stated he remained on the couch while the man was in the house. He stated he did peak over the top of the couch, and he saw the man standing in the kitchen. He also stated that the man asked where the money was. Matthew stated that he pointed down the hallway, to where he thought some money might be. I asked him if he could identify what race the man had been. He stated it was too dark to see well. He also stated that he was sure the man was wearing a camouflage jacket. . He stated that the man also broke the glass on the back door, and he did not know how the glass got into his mother's room. Matthew then stated that after the man asked where the money was, and he pointed down to his mother's room, he thought the man went down to his mother's room. He stated that he was not sure, because he did not hear the man walking in the house. He stated several times that the man had "silent" feet, meaning he
- 99. could not hearhim walking. He stated that when the man left, he walked out through the back door. He stated that when the man walked out of the house through the back door, he heard a crackling, like someone had started a fire (this noise may have been the man walking over the broken glass at the back door). Matthew stated that he stayed on the couch throughout the incident. · I then asked Matthew if he knew where his brother and sister were at the time the man entered the house. He stated his sister was in her room, and that she was crying. He stated he could not remember where his brother was. He stated that his brother may have been on the couch sleeping with him, or he may have been in his own bedroom. I then asked Matthew why he started watching television after the man left. He stated that he thougt the man that did the shooting might have been his step-dad. He stated he did not want to call the police because he was afraid 000539 that his step-dad might come back and kill them if he did. He stated that his step-dad had a camouflage jacket just like the one that the man had been wearing. Matthew stated that between the times that the shootings happened at the time that he called ·the police, several people called the house. He stated one call was from his step-dad, two calls were from Sears and Roebuck, and two calls were from his grandfather. He stated that the second time his grandfather called, he answered the phone. He stated he told his grandfather what had happened, and that his grandfather told him to call the police. He stated that he then called the police I then asked Matthew what his step-dad's name was. He stated Brent Smith. I asked him where his step-dad lived, to which he responded "Clarksville, Tennessee." I then asked Matthew when the man asked about the money, if his voice sounded like his step-dad's voice. He stated the man's voice sounded a little bit deeper. I then asked Matthew if he knew where his grandfather was. He stated that .his grandfather is a truck driver and he drives a USA
- 100. truck. I then askedMatthew if he heard a vehicle leave after the man left the house. He stated he did not hear a vehicle and that he thought the man left on foot. I then asked Matthew how long he had lived with his step-dad. He stated he had lived with his step-dad for about five (5) years. I asked him if he ever observed his mother and step~dad fighting. He stated that they "yelled and screamed" a lot at each other. I then asked him if his step-dad had any guns. He stated that his step-dad was a military policeman, and that he did have some guns. At 1518 hours, I stopped the interview to allow Matthew to eat. Social Services had picked up some food at a restaurant, and brought it back to post for the children. At 1519 hours, I stopped the DVD. 000540 KENTUCKY STATE POLICE KYIBRS SUPPLEMENTARY REPORT (GILLINGHAM) 1529 HOURS - 1547 HOURS I INTERVIEW WITH EION SMITH: I asked Eion what happened at his house. He stated that his house "got broke." I then asked him if he knew where his grandmother was. He stated she was at the hospital. I asked him why she was at the hospital. He stated she was at the hospital because "she got died from his dad." I asked him how she "got died." He stated that his dad had a "launcher and a BB gun." He stated his dad shot his grandmother and she was lying on the "sodas." Eion then stated that his dad shot his mom and his grandmother, and the dog, Sadie Mae. He stated that his dad was bad. He stated that his dad was wearing an "Army jacket." He stated that the "cops" need to get his dad, and not get them. Eion stated that he was· sleeping in his room (the tractor room). He stated that his mother was shot, and she was lying on the floor and there was blood everywhere. He stated his mother was
- 101. on the floorin her room, and her grandmother was lying on the floor on the sodas in the kitchen. He also stated that he was in his room when his dad shot his mother. He also stated that his father's name is Brent and he is bad. He also stated that his father needed to be in jail. Eion then stated that his dad had a long gun and a black gun. I then stopped the interview at 154 7 hours. I did not attempt to interview Raegan Smith. She was too young and did not possess the communication skills to be properly interviewed. I stopped the DVD at 1553 hours. I left the children in the care of the two social workers. 000560 KENTUCKY STATE POLICE KYIBRS SUPPLEMENTARY REPORT (GILLINGHAM) TUESDAY, SEPTEMBER 11, 2007 AT 1803 HOURS / PHONE CONTACT WITH DAVID WILSON While I was at post waiting for Det. Walker to arrive, dispatch asked me to speak to a subject on the phone who had called post. I decided to record the conversation. The conversation was recorded (see attached CD). I answered the phone and the person identified himself as Dave Wilson. He also stated that he was the brother of Tracy Smith. He also stated that he was a U.S. Marshall who was stationed in St. Louis. Dave Wilson stated that he had received a phone call from Tracy Smith's ex-husband who stated he had not been able to get in touch with Tracy in the last couple of days. He stated he then received a phone call from his father, who had received a phone call from someone who had seen the news coverage about the incident: He then stated he was not sure if Tracy Smith was actually divorced from her husband. He stated that he knew that she was going through a divorce. He stated that Tracy and Brent were having some issues. He stated that Brent Smith had some anger issues. He also stated that Tracy might have been "messing around" on him. Dave Wilson stated that he would be leaving
- 102. St. Louis shortlyand heading to Elizabethtown. He wanted to know what he needed to do. He then asked for the cell phone number to the grandfather who was afthe residence. I provided him with that number. While I was on the phone with Dave Wilson, Tpr. Steve Pavey advised me that Charlie Williamson was on the phone. Tpr. Pavey stated that Charlie Williamson was currently in Louisville, and that Brent Smith had some how obtained his cell phone number and called him. When I hung up the phone with Dave Smith, Charlie Williamson was not on hold anymore. I was not able to make contact with him. 000573 KENTUCKY STATE POLICE KYIBRS SUPPLEMENTARY REPORT (GILLINGHAM) TUESDAY, SEPTEMBER 11, 2007 AT 1817 HOURS / PHONE CONTACT WITH MELINDA STILLS . Post asked me to speak to a woman who had called post and stated she had information about the shooting. I recorded the phone conversation (see attached CD). I spoke to the woman, who identified herself as Melinda Stills. She stated that she lived in the Rineyville area, and worked with Tracy Smith as well. She stated that she worked with Tracy Smith on· Saturday and Sunday. She stated that she knew that Tracy was going through a divorce. She stated that Tracy's husband's name was "Kent." She stated that Tracy's husband had called Tracy on her cell phone on Saturday while she was at work. She stated that Tracy told him that she did not want to talk to him anymore, that it was over, and to just leave her alone. Melinda Stills stated that Tracy's husband was in the military and that he was stationed at Ft. Campbell. She also stated that Tracy appeared to be afraid of husband. Melinda stated that Tracy wanted a divorce, but her husband did not. She stated that the phone call took place sometime between 1100 hours and 1200 hours, during their lunch break. Melinda Stills stated that she and Tracy Smith worked together at the North Hardin Health and
- 103. Rehabilitation Center inRadcliff. Melinda also stated that Tracy was seeing another male by 'the name of Kyle, unknown last name. She stated that Kyle was in the military, and that he left on Monday for Ft. Riley, Kansas. Melinda Stills then provided me with her phone number. I then hung up with Melinda Stills. 000564 KENTUCKY STATE POLICE KYIBRS SUPPLEMENTARY REPORT (GILLINGHAM) TUESDAY, SEPTEMBER 11, 2007 AT 1848 HOURS / PHONE CONTACT WITH DAVE WILSON . Post contacted me by radio and requested I call dispatch. Post advised that Dave Wilson was on the phone with dispatch and had requested to speak to me. I called dispatch on my phone, and dispatch patched me through to him. I recorded the conversation. Dave Wilson stated that Brent Smith currently had a 9mm pistol and a 12 gauge shotgun. Dave Wilson stated that Brent Smith had traded guns with his (Dave Wilson's) father. He stated that his father had received a 10 mm gun from Brent Smith, and his father had given Brent Smith a 9mm handgun. After receiving this information, I hung up with David Wilson. Upon arriving at Ft. Campbell, Det. Walker and I drove to the Military Police Building, where we met with Brent Smith. I assisted Det. Walker in notifying Brent Smith of the situation. I also assisted. Det. Walker in questioning Brent Smith about any knowledge he had regarding the incident. Det. Walker recorded the interview. 000574 KENTUCKY STATE POLICE KYIBRS SUPPLEMENTARY REPORT (GILLINGHAM) TUESDAY, SEPTEMBER 11, 2007 AT 2146 HOURS / INTERVIEW WITH PFC CHRISTOPHER AULDEN I interviewed PFC Christopher Aulden. Also present during the interview was Sgt. Shoaf, PFC a Aulden's NCO. The interview was conducted at the MP dormitory in a class room. The
- 104. interview was recorded(see attached CD). PFC Aulden stated that approximately two (2) weeks ago, he had a cookout at his residence. He stated that Brent Smith was present at the cookout. PFC Aulden stated that another NCO, Sgt. Devane, was also present at the cookout. PFC Aulden stated that Brent Smith asked Sgt. Devane for his weapon back. PFC Aulden stated that Sgt. Devane had been keeping Brent Smith's weapon for him. PFC Aulden stated that Brent Smith told them that he wanted to take his weapon over to a neighbor's house and shoot some wild dogs that were around the house. PfC Aulden stated that Brent Smith then asked him what type of ammunition would be good for shooting dogs. PFC Aulden stated that the weapon was a 9mm handgun. PFC Aulden stated that he told Brent Smith that he could just use plain ball ammunition, or that if he really wanted to do some damage he could use Hydro-Shock ammunition. PFC Aulden stated that nothing else happened that night. PFC Aulden stated that on Friday night, September 7, 2007, Brent Smith and Specialist McCray came over to his house to deliver a freezer. PFC Aulden stated that he had purchased the freezer off of Brent Smith. He stated that after Brent Smith delivered the freezer, they were all sitting around the driveway when Tracy Smith's name was brougt up. PFC Aulden stated that Brent Smith made the comment that Tracy could be dead right now and he would not care. PFC Aulden stated that tonight (September 11, 2007) he was working with Brent Smith in area 220 or the "back 40" and he noticed that Brent Smith kept falling asleep. PFC Aulden stated that he had to keep waking Brent Smith up. PFC Aulden also stated that Brent Smith made the comment that he had left his room around 0100 hours, and went car shopping until approximately 0500 hours. PFC Aulden stated that a short time later, Brent Smith received a phone call from Dave Wilson, who advised him that his wife had been hurt or killed in a traffic accident. PFC Aulden stated that Brent Smith then contacted one of his buddies up at Fort
- 105. Knox, who wasalso either an MP or a CID agent to try and find out what happened. He stated that Brent Smith received another phone call while they were traveling back to their office. He stated that Brent Smith then used his (PFC Aulden's) phone to call his dad. He stated a few minutes later, they · received a radio dispatch to return to the office for a special duty. PFC Aulden stated that once they arrived, he lost contact with Brent Smith, and has not seen him since. I then asked PFC Aulden if he worked with Brent Smith the previous day, September 10, 2007. PFC Aulden stated he did. I asked him what time he and Brent Smith finished their shift: PFC Aulden stated their normal shift ends at 2200 hours (central time) but it usually a few minutes later before they actually leave. PFC Aulden then stated he could tell me exactly when they left work. PFC stated he called his wife as they were walking out of the office to their vehicles. PFC Aulden looked at his phone, and stated that he had called his wife at 2227 hours (central time). I asked PFC Aulden if he had any other information about Brent Smith that would be relevant to this investigation. PFC Aulden stated that the previous night, he and Brent Smith had been 000491 patrolling in area 4, where they observed a large deer. PFC Aulden stated that he commented to Brent Smith the fact that he wished he had some extra 9mm rounds to shoot the deer. PFC Aulden stated that Brent Smith then told him that he had some 9mm rounds back in his van. I asked PFC Aulden if he had observed arguments between Brent Smith and Tracy Smith. He stated he had not. He stated that he just knew they were having problems. After that, I concluded the interview. 000492 KENTUCKY STATE POLICE KYIBRS SUPPLEMENTARY REPORT (GILLINGHAM) TUESDAY, SEPTEMBER 11, 2007 AT 2249 HOURS I INTERVIEW WITH SGT. JONATHAN DEVANE
- 106. I interviewed Sgt.Jonathan Devane at the NCO Academy at Ft. Campbell. Sgt. Devane was the person who PFC Aulden identified as having had in his possession Brent Smith's gun. PFC Aulden contacted Sgt. Devane by phone and told him that I wished to speak to him. Sgt. Devane told PFC Aulden to have me meet with him at the NCO Academy. I recorded the interview (see attached CD). I asked Sgt. Devane if he knew why I was here to speak to him. He stated that PFC Aulden had in fact contacted him, and that it was in regards to Brent Smith's wife and mother-in-law being killed. I then advised Sgt. Devane that we had heard that Brent Smith and Tracy Smith had been having problems, and that he (Sgt. Devane) had also had in his possession, Brent Smith's weapon. Sgt. Devane stated that he did in fact take Brent Smith's handgun from him. He stated that Brent Smith had come over to his house one day, and that Brent Smith appeared to be agitated. He stated that Brent Smith had had some type of incident where a local police officer was called to respond. Sgt. Devane stated that he took the weapon from Brent Smith because he was so agitated. Sgt. Devane confirmed that he was at PFC Aulden's house for a cookout, and that while he was at the cookout, Brent Smith, who was also there, asked for his weapon back. Sgt. Devane stated that Brent Smith told him that he was going shooting with someone, possibly an uncle. Sgt. Devane stated that he made arrangements with Brent Smith to return the weapon. He stated that Brent Smith wanted to come by on Friday night, August 31st. to get the weapon. Sgt. Devane stated that he told Brent Smith that he would not be home that night, but that he would leave the weapon in his neighbor's vehicle, which he did. Sgt. Devane stated he left the weapon under the driver's seat of James Blank's (his neighbor) vehicle. Sgt. Devane stated that some time later, Brent Smith told Sgt. Devane that he had retrieved his weapon. Sgt. Devane also stated that he could confirm that the weapon was a 9mm weapon. Sgt. Devane stated that he recalled Brent
- 107. Smith asking JamesBlank if he had any extra 9mm ammunition that he could use to go shooting Sgt. Devane also stated that the weapon was in the case that it had been purchased in. He stated that is why he can not say 100 percent what make the weapon was. He stated it could have been a Glock or a Ruger. I then asked Sgt. Devane to elaborate his reason for taking the weap.on. He stated that Brent Smith had been involved in some type of argument with his wife, and that an officer, possibly frqm Clarksville PD had responded to the location where they were at. Sgt. Devane stated that after that, Brent Smith came to him and was extremely agitated. Sgt. Devane stated that Brent Smith mentioned to him that he had his weapon out in his vehicle. Sgt. Devane stated that he felt that Brent Smith did not need to have the weapon in his possession in the condition he was in, so he took the weapon. Sgt. Devane stated that he kept the weapon for at least a week, possibly two weeks. I then asked Sgt. Devane if Brent Smith had ever mentioned anything to him about wanting his wife dead. Sgt. Devane stated that on one occasion, Brent Smith did say that he would be better 000510 off if his wife was dead. Sgt. Devane stated that he had been drinking alcohol that night, so he could not remember the exact words, but that Brent Smith had said something to that affect. I then asked Sgt. Devane if he had any other information about Brent Smith and this investigation. Sgt. Devane stated that Brent Smith was an out of control type person. He stated that Brent Smith had been under a lot of stress lately, and that he really loved his kids. I then asked Sgt. Devane if Brent Smith had an anger problem. Sgt. Devane stated that he did. Sgt. Devane also stated that Brent Smith was a "loose cannon." He stated that if a big call came in, Brent Smith would become so engrossed in the call, that he could not focus on anything else, and that he would disregard safety and everything else when responding to the call and while atthe call. He stated that Brent
- 108. Smith was a"wound tight" individual. After that, I concluded the interview. I then drove back to the MP dormitory and met with Det. Walker. Det. Walker was currently in Brent Smith's room, interviewing Brent Smith again. I also assisted in this interview. We then drove back to the MP office, where we conducted a consent to search of Brent Smith's vehicle. The vehicle was parked in the parking lot of the MP office. The vehicle information is as follows: 2006 Red Chrysler Town and Country Mini-van I photographed the vehicle (see attached photographs). During the search, I located a handgun holster under the front seat. Det. Walker took this item into his possession. Det. Walker also took several other items from the vehicle. After the vehicle search, Det. Walker, Tpr. Oldham, and I left Ft. Campbell. 000511 KENTUCKY STATE POLICE KYIBRS SUPPLEMENTARY REPORT (GILLINGHAM) WEDNESDAY, SEPTEMBER 12, 2007 AT 1449 HOURS / PHONE CALL FROM CLAUDIA ZANE Claudia Zane contacted post by phone. Post contacted me and asked me to speak to her. Claudia Zane stated that she was Karen Green's sister. She stated that on Monday, September 10, 2007, she had spoken to her mother, Mildred Martin, on the phone. Claudia Zane stated that Mildred told her about a phone call she had with Karen Green. She stated that Karen Green told her mother, Mildred Martin, that Brent Smith had been making threats to Tracy, and had made the comment that no grandmother was going to raise his children. Claudia Zane also stated that Brent Smith knew that Karen Green usually let dogs out sometime between 0300 and 0600 hours to "do their business." 000576 KENTUCKY STATE POLICE KYIBRS SUPPLEMENTARY REPORT (GILLINGHAM)
- 109. WEDNESDAY, SEPTEMBER 12,2007 AT 1550 HOURS / PHONE CALL FROM KYLE PRICE Kyle Price contacted post by phone. Dispatch requested I speak to him. Kyle Price stated that he had heard that Tracy Smith had been killed, and wanted to know what had happened to her. I confirmed her death, but advised him that I could not release any details since this was an ongoing investigation. I then asked him for his personal information, which he provided as is as follows: Mr. Price stated that he had been seeing Tracy Smith for approximately three to four (3- 4) weeks. He stated that on Monday, September 10, 2007, he had left the Hardin County area due to a Permanent Change of Station (PCS) to Ft. Riley, Kansas. He stated that he left around 1030 - 1100 hours Monday morning, and drove to the Greater Cincinnati area. He stated he had to turn in some equipment at a motor pool there. He then stated he stayed at a Travel Lodge Motel in Newport that night. He then stated that on Tuesday, September 11, 2007 he left the Cincinnati area around 1000 hours, and drove to Ft. Riley, Kansas. I did not question Mr. Price about his whereabouts concerning this investigation in too much detail due to the fact that this conversation was taking place on the phone, and my ability to detect any type of deception would be limited. Mr. Price did state that Tracy Smith was extremely afraid of her husband, and that when her husband came to town last week, he threatened her. He also stated that Tracy had received several threatening messages on the voice mail from her cell phone, and that he advised her to save the messages. He stated he did not know if she did or not. 000546 KENTUCKY STATE POLICE KYIBRS SUPPLEMENTARY REPORT (GILLINGHAM) SEPTEMBER 12, 2007 AT 1609 HOURS I PHONE CALL FROM LAUREN LITTLE Lauren Little contacted post, and dispatch requested I speak to
- 110. her. Lauren Littlestated she had information about this investigation Lauren Little stated that she worked with Tracy Smith. She stated that Tracy Smith was afraid of Brent Smith. She stated that on Morlday, September 10, 2007 she overheard Tracy Smith talking to Brent Smith on her cell phone. She stated that Tracy Smith made several comments to Brent Smith, which included comments such as she was tired of him, she was tired of him threatening her, she was going to turn him in, and that she had taken pictures of their daughter where he allegedly had not changed her dirty diaper for several hours, etc. She stated that she believed the phone conversation took place sometime around 1200 - 1215 hours. · 000537 KENTUCKY STATE POLICE KYIBRS SUPPLEMENTARY REPORT (GILLINGHAM) THURSDAY. SEPTEMBER 13, .2007 AT 0845 HOURS IRE- INTERVIEW WITH MATTHEW PETERSON . I re-interviewed Matthew Peterson and Eion Smith at post. Again, each interview was conducted separately. The interviews were recorded orr a DVD (see attached). I had Matthew Peterson run through the incident again. He stated he had been sleeping on the couch, and he woke up after hearing three gunshots. He stated someone came into the house, wearing a camouflage jacket. He stated that the jacket had the "squiggly line" camouflage. He stated he heard someone screaming after the shots were fired. He also stated that he did not know if his mother came into the living room after the shots were fired. Matthew Peterson also stated that the man "blew a hole through his mother and his brother's bedroom wall." Matthew Peterson then stated that after he heard the gunshots, he heard his grandmother scream "I'm dying" or "I'm dead." He stated that after that, he peaked over the top of the couch and saw the "robber" standing in the kitchen. I then asked Matthew Peterson if he heard anyone else say anything. He stated that the "robber" said 'Where's the money?" and Matthew stated he
- 111. pointed down thehallway. He then again made the comment that his mother may have run down to the kitchen, but he was not sure. I asked him if he heard his mother say anything, and he stated he was not sure. Matthew Peterson then stated he pointed down the hallway towards his mother's room. He stated that his sister was still in her room, crying, and that his brother, Eion, had joined him on the couch. I then asked Matthew if the "robber" saw or heard him when he pointed down the hall. Matthew Peterson stated ' he did not know. I asked him again if he observed the man walk down the hallway. He stated he did not. Matthew stated that he believes Eion came to the couch as the "robber" was leaving. He stated his sister was still in her crib, crying, when the "robber" left. After the "Robber" left, Matthew stated he waited a while to make sure the "robber" left, and then he turned on the television. He stated the time was on the television next to the channel. Matthew stated that when he turned on the television, it was still dark outside. I asked him if his sister was still in her crib at that time. He stated that she was out of her crib, but he does not know how she got out. · Matthew then remarked that the "robber" did not tell him not to call the police. He stated he was just afraid to call. Matthew stated that he and his siblings did not stay in the living room the whole time between the time the "robber" left and the time he called the police. He stated that they did go in his room, and play games on the computer. I then attempted to get a better description of the camouflage jacket that the "robber" had been wearing. Matthew stated that it was the old kind of camouflage jacket, like people in the military used to wear. He stated it had "squiggly lines" and shapes. He stated he believed his step-dad had one like it. 000541 I then asked Matthew to tell me about his step-dad. Matthew stated that his step-dad is in the military. He stated that he did
- 112. remember seeing acamouflage jacket like the one the "robber" wore in his step-dad's closet. I then asked him how things were living with his step-dad. He stated that some things were good, and some things were bad. I asked him what some of the good things were. He stated that they traveled a lot, and that they went to several amusement parks. I then asked him what some of the bad things were. He stated that his step-dad yelled at them whenever they got into trouble, and that he spanked him hard. I then asked him how his mother and step-dad got along. He stated that sometimes they fought, and then said they yelled at each other, and then said they just talked. He stated sometimes they would be nice to each other. I then asked him when he last saw his step-dad. He stated that he saw him a day or two before the "robber" came. He stated that his mother let his step-dad take Eion and Raegan out shopping. I asked him why he did not go. He stated tnat he 'did nor go because he had a good life with his grandmother, and because nothing bad had happened to him yet. I asked him if he wanted to go with his step-dad and siblings. He stated he did want to see what they were going to do together. I then asked Matthew who he would feel safe living with. He stated he would feel safe living with his dad, Mike. He stated he would feel safe living there because his dad is a police officer and could protect him. I then asked him if he would feel safe living with his step-dad, to which he replied he did not know. He stated that his step-dad was mean and yelled at him, and got him into trouble. I then asked him if he would feel safe living with his uncle, Dave Wilson. He stated he wasn't sure, because his uncle lived in Paducah, and the "robber" might find him there. It was clearly evident to me that Matthew was extremely afraid of the "robber" finding him and hurting him. I then asked him if he thought the "robber" knew who he was. He stated that if it was Brent, then yes. He stated if it was not Brent, then he is not sure if the "robber" will find him. I then asked him if he thought the "robber" was Brent. He stated
- 113. Eion said itwas Brent. He also stated that Brent has always loved his mommy, but his mother divorced him, and that he was probably mad. I asked Matthew if he was able to see the "robber" holding a gun. He stated he could not, and that the gun might have been black. I then attempted to narrow down a time frame relating to the gunshots. · I asked Matthew how much time had elapsed between when he heard the first gunshots, and the last gunshot. He stated a couple of minutes, between two to four minutes (2- 4). I then asked Matthew how his sister got out of her crib. He stated he did not know. I asked him if she could get out of her crib on her own. He stated he did not think so. I then asked him if Eion could get Raegan out of her crib. He stated he did not think so. He also stated that the "robber" might have gotten Raegan out of the crib, but he's not sure. I then asked Matthew if he went to sleep at during the time between when the "robber" left and the time he called the police. He stated he tried, but he couldn't because he had to keep an eye on Raegan. He stated that Eion did fall asleep between the time the robber left and the time he turned on the television. He stated Eion fell asleep on the couch. He also stated that sometime before he called the police, he took his brother and sister into his room to play on the computer, and he locked the door, in case the "robber" came back to hide the evidence. 000542 I then asked Matthew to describe the camouflage jacket to me again. He stated it was light green in color, with yellow spots. He then stated the jacket had an Army patch on it. When I asked him to describe the Army patch, he backtracked and did not remember the Army patch. The impression I received from him was one of something slipped, and I was not supposed to mention that. He stated the camouflage jacket had the squiggly lines, and not the digitalized pattern. I then asked him again
- 114. about the Armypatch. He stated that he did not know what an Army patch was, and he did not think he had seen one. He stated that when he saw the "robber" he was standing in the kitchen by the stove. I asked him what part of the robber he saw. Matthew stated that he could see the right arm of the "robber's" camouflage jacket. He stated he could not see the "robber's" face. He again stated that the camouflage pattern was like the Army used to wear. I then asked him if he could see if the "robber" was wearing a hat or a hood. Matthew then stated that the "robber" was wearing a hood, which is why he could not see his face. He stated the hood appeared to be part of the jacket, and was light green in color. I then asked Matthew if he saw anyone else in the house besides the "robber", his mother, his granddmother, and his two siblings. He stated he did not see anyone else. I concluded the interview with Matthew at 0942 hours. 000543 KENTUCKY STATE POLICE KYIBRS SUPPLEMENTARY REPORT (GILLINGHAM) THURSDAY, SEPTEMBER 13, 2007 AT 1006 HOURS / INTERVIEW WITH EION SMITH I asked Eion Smith how he was doing. He stated he was doing "good", and that he had been staying in a hotel for a couple of days. I asked him if it was a nice hotel, to which he replied that. there were "no bad guys there." I asked him if he knew any bad guys, to which he replied his "daddy." I asked him how he knew his daddy was a bad guy. He stated because he was a "robber" and he "shot his parents." He also said his daddy was shooting his animals. He then stated that the cops needed to get him and put him in jail. I asked him how he knew his daddy shot his parents and his dog. He stated he saw his daddy and his daddy was wearing his caiflouflage jacket. He stated that the "robber" had brown hair, and a camouflage jacket, and pants and a shirt and Army shoes. I asked him what color the Army shoes were, and he said they were black.
- 115. I then askedEion where he was at when the "robber" came into his grandmother's house. He stated that he was in his mother's room. I asked him where his mother was when the "robber" came into his grandmother's house. He stated she was in her room with him. He then stated that his sister was in her room. He stated she was sleeping in her. crib. He stated she can not get out of her crib. I then asked Eion if he could get Raegan out of her crib. He stated he could not. I asked him if the "robber" say anything to his mother when the he came into his mother's room. He stated he did not. He then stated that the "robber" pushed him down, and this happened in his room. He stated that "robber" came into his room. He then stated that the "robber" had a· small black gun. He stated that "robber" was his daddy. I concluded the interview at 1022 hours 000561 KENTUCKY STATE POLICE KYIBRS SUPPLEMENTARY REPORT (GILLINGHAM) THURSDAY, SEPTEMBER 13, 2007 AT 1059 HOURS / ENROUTE TO FT. CAMPBELL After completing my interviews, I left post and drove to Ft. Campbell. Upon my arrival, I met Det. Walker, Det. Terry Scott, and Special Agent David Greer (CID) at an auto shop. They were using one of the garage bays to search Brent Smith's vehicle. They were using an alternate light source system to search for any type of bodily fluids, to include blood. I assisted SA David Greer in this search. During the search of the vehicle, SA Greer and I observed what several stains inside the vehicle. We observed a possible fluid stain on the right side of the steering wheel, a second stain on the center portion of the steering wheel, as well as a possible fluid droplet on the driver's seat. We also used the ALS on some gloves found in the vehicle and some dark colored stains on them. Det. Walker seized these items. A short time later, Det. Walker and Det. Scott left with Brent Smith and drove to Madisonville. I stayed with the vehicle.
- 116. Based upon thediscovery of these unidentified stains, we decided to seize the vehicle. A tow truck was called, and the vehicle was towed back to the CID office. A CID agent remained with the vehicle at all times. Since the vehicle was originally located on the Ft. Campbell military installation, and on the Tennessee side of that installation, SA Greer contacted a military magistrate. to obtain a search warrant. SA Greer filled out an Affidavit Supporting Request for Authorization to Search and Seize or Apprehend form (see attached). I filled out one as well (see attached). SA Greer also filled out a Search and Seizure Authorization form (see attached). Captain Kevin Kornegay, the military magistrate, signed the Search and Seizure Authorization form. The form granted the CID agents to seize the vehicle and transfer it to the Kentucky State Police. I filled out a KSP-41 Evidence/Recovered Property form and took possession ·of the vehicle at 1845 hours. Carl's Chevron in Elizabethtown was contacted and drove from Elizabethtown to Ft. Campbell to tow the vehicle back to the post 4. remained with the vehicle from the time I took possession of it, until I transferred possession to Det. Walker. Det. Walker met me at the Petro's gas station just outside of Ft. Campbell. Det. Walker then escorted the tow truck and Brent Smith's vehicle back to post. I gave Det. Walker the KSP 41 when I transferred the vehicle to him. I then attempted to make contact with two civilian dispatchers who had been on duty the night of September 10th, and who might have had some information about Brent Smith's whereabouts. Neither dispatcher was on duty that night. I left Ft. Campbell and drove back to post shortly after that. 000610 KENTUCKY STATE POLICE KYIBRS SUPPLEMENTARY REPORT (GILLINGHAM) FRIDAY, SEPTEMBER 14, 2007 AT 0042 HOURS / POSSESSION OF VIDEOTAPES While I was driving back to the State Police Post, Tpr. Seth Lee, U/556, contacted me. He requested I meet with him at exit
- 117. 107 on theWestern Kentucky Parkway. I met with Lee and he advised me that he had some videotapes from the Beaver Dam Travel Plaza and asked me if I could relay them to Det. Walker. I took possession of the videotapes, and signed the KSP-41. I then drove to post. 000600 KENTUCKY STATE POLICE KYIBRS SUPPLEMENTARY REPORT (GILLINGHAM) MONDAY, SEPTEMBER 17, 2007 AT 1733 HOURS / INTERVIEW WITH JOSE RINALDO Lt. West requested I interview Jose Rinaldo. Lt. West stated that Jose Rinaldo, who lives next door to the residence on Waterford Loop, might have some information about the incident. Upon my arnval, I made contact with Jose Rinaldo, and proceeded to interview him. The interview was recorded (see attached CD). Jose Rinaldo stated that on Monday night, September 10, 2007, he was at his residence. He stated he was in and out of his residence from about 1830 hours until about 22.30 hours. He stated that during that time, he did not hear any gunshots or any other type of disturbance from the residence located on Waterford Loop. He stated he went to bed sometime between 2245 hours and 2300 hours. He stated that he set the sleep timer on his television for 30 minutes when he went to sleep. Mr. Rinaldo stated he is currently an active duty Army member, and that he has received weapons training. He stated that had the two females been shot during the time between 1830 hours and 2245 hours, he would have heard the gunshots. He also stated that he was pretty sure he observed the trash cans at that residence out at the end of the driveway that night. Jose Rinaldo stated that he did not hear any gunshots that night. I noted that his bedroom was on the opposite side of his house from the other residence in question. Also, the point of entry into the other residence was on the opposite side of the house from his house. Therefore, the room Jose Rinaldo was sleeping in, and the point of entry the shooter entered the other residence
- 118. from were thefurtb.est points away from each other. Also, there is' a decent distance from the residences based upon the layout of the back and side yards of the residences. 000550 KENTUCKY STATE POLICE KYIBRS SUPPLEMENTARY REPORT (GILLINGHAM) WEDNESDAY, SEPTEMBER 26, 2007 AT 1347 HOURS / INTERVIEW WITH PARAMEDIC DAVID WILLIS I arrived at the Hardin County Ambulance Service, Station # 1 located at 1450 Rineyville Road, Elizabethtown, to obtain statements from the EMS personnel who had responded to the scene back on September 11th. I needed to interview David Willis, David Wallace, Corissa Means, Tracy Smythe-Chisolm, and Don Holstein. All of the interviews were recorded (see attached CD). I interviewed David Willis first. David Willis provided me with his name, work address, work phone number, and date of birth David Willis stated that day he was assigned to Squad #1, and that his partner was Corissa Means. He stated that Tracy Smythe-Chisolm and David Wallace were assigned to Squad #4. He stated that both squads were eating lunch when the call came in. He stated that the originally Squad #4 was given the call. He stated that dispatch requested that he call them on the phone after they had dispatched the call to Squad "#4. He stated that when he called, dispatch informed him of the call, and that they might need to respond as well. He-stated they responded with Squad #4. He stated that when he arrived at the scene, he observed three or four uniformed troopers all ready on the scene, and that they informed him that there were two deceased females inside the residence. He also stated that the troopers told him there were three children at the scene. He stated that upon his arrival, a trooper asked him if he needed to enter the residence to verify the females were deceased. David Willis stated that he did not need to enter; but would if the trooper wanted him to. He stated that the trooper told him he did not believe that was necessary.
- 119. David Willis statedthat he never entered the inside of the residence. He stated that the closest point he was too the residence was approximately (half way between the street and the front door. He stated he observed the three children in the back of a police car parked near the end of the driveway. I then asked him if he heard any of the children ·make any statements while he was there at the scene. He stated he did not. I asked him how long he was at the scene. He stated the first time, he was there approximately 45 minutes. He then stated that his partner, Corissa Means stayed with the chiidren, as well as Tracy Smythe-Chisolm. He stated that he and David Wallace left the scene and drove 'to the Dollar General store in Rineyville and bought some clothing and diapers for the children. He stated that the children were dressed only in underwear and t-shirts, and that the young female child had not had a diaper change in quite a while. He stated that they were not allowed inside the residence to obtain clothing for the children due to the fact that it was a crime scene. He stated they returned to the scene, and the children were changed. He stated that he stayed there for a few more minutes and then he and David Wallace left to answer calls, leaving Corissa Means and Tracy Smythe-Chisolm at the scene with the children. David Willis stated that sometime around 1800 hours, he and Corissa Means returned to the scene and transported the two deceased females to the morgue. He stated that he did not enter the residence any of the three times he was at the residence. He stated the two deceased females were brought outside to the front porch, which is where he took possession of them. 000572 KENTUCKY STATE POLICE KYIBRS SUPPLEMENTARY REPORT (GILLINGHAM) WEDNESDAY, SEPTEMBER 26, 2007 AT 1357 HOURS / INTERVIEW WITH DAVID WALLACE David Wallace confirmed that he had been assigned to Squad #4. He stated that the call was originally dispatched as an injury call. He stated that the information was also given to Squad #1 ,
- 120. who also respondedto the scene. He stated that Squad #1 was actually the first squad on the scene. He stated that they turned on the first entrance on to Waterford Loop, while Squad #1 went to the second entrance, which was closer to the residence. David Wallace stated that his partner, Tracy Smythe-Chisolm went up to the police car that had the children. He stated that Corissa Means from the other squad also went up to the children. He stated that a few minutes later, Shift Supervisor Don Holstein arrived. He stated that Don Holstein told them to go to the Dollar General Store and obtain clothing and diapers for the children, and that he went with David Willis to the store. He stated that upon his return, he gave the clothes and diapers to the other employees. He stated that he and David Willis left shortly after that to answer calls. I asked David Wallace if he ever entered the residence, to which he replied he did not. He stated that upon his arrival, he observed David Willis halfway up the driveway. He stated that Corissa Means was with the children at one of the police cars. He stated that the officers on the scene were all ready securing the scene with crime scene tape. He stated he backed up to the road and waited there until he left to go to the Dollar General store. David Wallace stated that the youngest child appeared to have been in her diaper for a long time. He stated that the children's clothing was also soiled and dirty. He stated that's why they obtained some new clothing for the children. I asked him if the· children made any statements to him. He stated he did not hear the children make any statements. I concluded the interview at 1403 hours. 000566 KENTUCKY STATE POLICE KYIBRS SUPPLEMENTARY REPORT (GILLINGHAM) WEDNESDAY, SEPTEMBER 26, 20.07 AT 1413 HOURS / INTERVIEW WITH CORISSA MEANS I interviewed Corissa Means. I asked her to tell me about the call. She confirmed that the call had been originafly dispatched
- 121. to Squad 4,but she and her partner responded as well. She confirmed that once they arrived, she and Tracy Smythe- Chisolm went to take care of the children, while the two male medics checked in with the officers of the scene. She stated that upon her arrival, she observed the police officers still clearing the residence. She stated that she waited there, until one of the officers gave her a signal that she did not need to enter the residence. She stated that she asked one of the troopers if she could check on the children, to which he requested she wait until they finished clearing the house. She stated the children were in the back of one of the police cars, and the doors to the car were shut. She stated about a minute later, the other squad arrived, and Tracy Smythe-Chisolm asked if they could check on the children. Corissa stated by that time, the scene had been cleared, and they were given permission to check on the children. She stated that police car that the children were in was parked on the street at the end of the driveway. I asked Corissa Means if she entered the residence at any point while she was at the scene. She replied she did not. She stated the closest point she came to the residence was when she returned later to transport the two deceased females to the morgue. She stated that she walked up to the front porch, and the two females were brought outside to them. I then asked her about the children. She stated that Tracy Smythe-Chisolm was sitting on the door frame on one side of the police car talking to the children. She stated that the oldest child started talking to Tracy Smythe-Chisolm about the incident, without her asking. She stated that as she heard the children talking, she decided that the statements they were making should be heard by a police officer. She stated she went to get a trooper, and brought one trooper. She stated she did hear the youngest male child say that it was Brent that did it, and the oldest one replied to him that he did not know that for sure. She stated that she then went around to the other side of the car
- 122. to take ofthe youngest male child as well as the female child. She stated that she did also hear the oldest male child asking about one of the dogs, which apparently had been shot. I then asked Corissa Means about the physical appearance of the children when she arrived. She stated that the female child was in an onesie and a diaper that was soiled. She also had a juice stain down the front of her onesie. She stated that the two male children were dressed only in their underwear. She stated she and Tracy Smythe-Chisolm stayed with the children while David Wallace and David Willis went to the store and bought clothing and diapers. Corissa Means stated that one David Willis and David Wallace returned, she changed the female child's diaper. I asked her to describe the condition of the female child's diaper. Corissa Means stated that the female child had several bowel movements in the diaper, and apparently had not been changed for quite some time. She stated that some of the fecal matter had dried, and was stuck on the child, and it took her some time to clean her up. 000506 I then asked her if she heard any other statements made by the children. Corissa Meador's stated that the oldest child stated that the person who did this was wearing a hunting/fatigue jacket and that he knew that jacket. She stated that the five year old then stated it was Brent. She also stated the nine year old told them that it was their "divorced daddy". Corissa Meador's stated that the nine year old made several statements during this time, one time he would say it was his divorced daddy, and the other time he would say he wasn't sure if it was Brent or not. I concluded the interview at 1425 hours. 000507 KENTUCKY STATE POLICE KYIBRS SUPPLEMENTARY REPORT (GILLINGHAM) WEDNESDAY, SEPTEMBER 26, 2007 AT 1433 HOURS / INTERVIEW WITH TRACY SMYTHE-CHISOLM Tracy Smythe-Chisolm confirmed the same details as far as how
- 123. the call wasdispatched to the EMS personnel, the people assigned to each squad, and what was transpiring when they arrived at the scene. Tracy Smythe-Chisolm stated that upon her arrival, she immediately went to the three children in the back of one of the police cars to check on them. She also confirmed that she was advised by some of the troopers on the scene that the two females inside the residence were deceased, and would not need medical treatment. Tracy Smythe-Chisolm stated that she checked in with the children, and asked them if they were all right. She stated they were all in their underwear. She stated the EMS Personnel asked the troopers if they could obtain some clothing for the children from the residence and was told that the residence was a crime scene and that no one could enter due to that fact. Tracy Smythe- Chisolm stated that the two male paramedics went to the Dollar General store in Rineyville and bought some clothing and some diapers for the children. Tracy Smythe-Chisolm stated that she assisted the two boys in changing clothes while Cor issa Means changed the little girl's diapers. She stated that Matthew Peterson then started to tell her about the events. She stated that initially she did not think it was a problem, but a short time later she called one of the troopers over to the car to listen in, as the child was telling her all of the things. Tracy Smythe-Chisolm stated that Matthew Peterson told her that a "robber" came into the house and kept asking for money, and that he repeated it over and over. She stated that Matthew Peterson told her that he told the "robber" where the money was, but the "robber'' did not seem interested in the money. She stated Matthew told her that the "robber" had on camouflage and also had a big long gun and a pistol. She stated that at that point, Matthew Peterson told her that the "robber" was his "divorced daddy'', and then told her his name. Tracy Smythe- Chisolm stated Matthew told her that the "robber's" name was Brandon or Brian Andrew Smith. Tracy Smythe- Chisolm also
- 124. stated that Matthewtold her that he knew it was his "divorced daddy" because he recognized the jacket. She also stated that Matthew Peterson told her that it was not daddy, but again, his "divorced daddy." Tracy Smythe-Chisolm also stated that Matthew Peterson told her that he and his other siblings hid from the "robber." She also stated that Matthew Peterson told her how he took care of his siblings once the robber left, to include feeding them by using the microwave, which would make his mother angry because he was not supposed to use it without her permission. She also stated that he told her that they had to eat to survive. Tracy Smythe-Chisolm also stated that Matthew told her how he had to step over the bodies of his grandmother and mother to do things to take care of his siblings. Tracy Smythe-Chisolm also stated that Matthew told her how he finally called the police after talking to his grandfather. She stated that Matthew told her that his grandfather had called, and asked to speak to his grandmother and mother, and he had to tell his grandfather that the "robber" shot them both. 000562 Tracy Smythe-Chisolm stated that at one point, Matthew Peterson made a comment that she found interesting. She stated that Matthew was talking about the "robber" shooting one of their dogs, tnd it was the dog that was mean. She stated that Matthew told her that the other dogs were not mean. Tracy Smythe-Chisolm confirmed that neither she, nor any of the other EMS personnel entered the residence at any time. She stated she stayed outside the residence. I concluded the interview at 1444 hours. 000563 KENTUCKY STATE POLICE KYIBRS SUPPLEMENTARY REPORT (GILLINGHAM) WEDNESDAY, SEPTEMBER 26, 2007 AT 1534 HOURS / INTERVIEW WITH DON HOLSTEIN I interviewed Don Holstein. He confirmed that he was the shi ft supervisor for the Hardin County EMS personnel, and he also
- 125. provided me withhis name, work address, work phone ·number and date of birth. Holstein confirmed that he responded to the scene. He stated that upon his arrival, he directed Tracy Smythe-Chisolm and Corissa Means to stay with the children, and he sent David Willis and David Wallace to the store to buy clothing and diapers for the children. He also confirmed that he did not enter the residence. He also stated that he did not hear the children make any statements about what hao transpired at the scene. Don Holstein also stated that he did return with one of the squads to transfer the two deceased females to the morgue. He confirmed that he walked up to the front porch, and the two deceased females were brought outside to him, and, again, he did not enter the residence. I concluded the interview at 1539 hours. 000525 KENTUCKY STATE POLICE KYIBRS SUPPLEMENTARY REPORT (GILLINGHAM) WEDNESDAY, SEPTEMBER 26, 2007 AT 1620 HOURS / EVENT REPORT OBTAINED FROM HARDIN COUNTY CONTROL After I finished interviewing the EMS personnel, I left the EMS building and drove to the Hardin County Control dispatch center located at the Hardin County Detention Center. There, I obtained a copy of the Hardin County 911 Event Report (see attached), which shows the times that Control received the call, and the times that the EMS personnel and coroner were dispatched, when they arrived on the scene, and when they cleared. KENTUCKY STATE POLICE KYIBRS SUPPLEMENTARY REPORT (JOHNSON) EVIDENCE 1 Plastic packaging for ear plugs 09/11 /2007 App 1917 hrs 2 Bullet fragment found next to rear patio door 09/11/2007 App 1931 hrs 3 Bullet fragment found in bathroom sink 09/11/2007 App 1948
- 126. hrs 4 Bullet fragmentfound in boy's bedroom 09/11/2007 App 1951 hrs 5 8 pieces of documentation from Tracy Smith's purse 09/11/2007 App 2041 hrs 6 Broken pieces from rear patio door jam 09/11/2007 App 2044 hrs 7 Window shears with blood stains from rear patio door 09/11/2007 App 2126 hrs 8 Dead bolt lock and strike plates from rear patio door 09/11/2007 App 2211 hrs 9 Cap-Shure swab with control sample 09/11/2007 App 22.19 hrs 10 Cap-Shure swab with sample from patio door 09/11/2007 App 2222 hrs 11 Cap-Shure swab with sample from boy's bedroom door 09/11/2007 App 2238 hrs 12 Cap-Shure swab with sample from boy's bedroom wall 09/11/2007 App 2242 hrs 13 Carpet sample with possible blood stains from_living room 09/11/2007 App 2249 hrs 14 Bullet fragment recovered from dog's body 09/11/2007 App 2139 hrs 15 Motorola Razr cell phone belonging to Tracy Smith 09/11/2007 App 2251 hrs 16 Samsung cell phone belonging to Karen Green 09/11/2007 App 2305 hrs 17 Wash cloth found in bathroom sink 09/11/2007 App 2335 hrs 18 Dish towel found in kitchen sink 09/11/2007 App 2337 hrs 19 Clothing from Regan Smith 09/11/2007 App 1414 hrs 20 Sheets from ambulance personnel 09/11/2007 App 1447 hrs 21 Pink t-shirt with blood stains from Tracy Smith's body 09/12/2007 App 0848 hrs 22 White pants with blood stains from Tracy Smith's body 09/12/2007 App 0849 hrs 23 Fingernail clippings from Tracy Smith 09/12/2007 App 0853 hrs
- 127. 24 Fingernail clippingsfrom Karen Green 09/12/2007 App 0854 hrs 25 Blue/green pants with blood from Karen Green's body 09/12/2007 App 0900 hrs 26 Gray t-:shirt with blood stains from Karen Green's body 09/12/2007 App 0902 hrs 27 Bullet fragment recovered·from. Karen Green's body 0~/12/2007 App 091Bhrs 28 Head hair sample from Karen Green's body 09/12/2007 App 1018 hrs 29 DNA blood standard card for Karen Green 09/12/2007 App 1019 hrs 30 Bullet fragments recovered from Tracy Smith's head 09/12/2007 App 1020 hrs 31 Female Sexual Assault Kit for Tracy Smith 09/12/2007 App 1041 hrs 32 Set of left fingerprint standards for Karen Green 09/12/2007 App 1045 hrs 33 Set of right fingerprint standards for Karen Green 09/12/2007 App 1050 hrs 34 Set of left fingerprint standards for Tracy Smith 09/12/2007 App 1055 hrs 35 Set of right fingerprint standards for Tracy Smith 09/12/2007 App 1100 hrs 000633 36 Sample of-glass-taken from rear patio-door . 09/1.3/2007 App 1550 hrs 37 Part of broken door jamb 09/13/2007 App 1601 hrs 38 Leaves found behind scene containing red substance 09/13/2007 App 2310 hrs 39 White t-shirt with stains recovered from Freeman Lake 09/13/2007 App 1240 hrs 40 Glass vile containing water sample from t-shirt runoff 09/13/2007 App 1330 hrs 41 Brown towel with stains recovered from Freeman Lake 09/13/2007 App 1244 hrs 42 Glass vile containing water sample from towel runoff 09/13/2007 App 1330 hrs
- 128. 43 Red/gray "FUBU"backpack with blood stains 09/13/2007 App 1630 hrs 44 Receipt from "Grandpa's" for holster and ammunition 09/17/2007 App 1120 hrs 45 Various documents found inside van 09/17/2007 App 1130 hrs 46 Bullet fragment recovered from bedroom's carpet paddi ng 09/14/2007 App 1310 hrs 71 Bullet recovered from oak tree 10/31/2007 App 1500 hrs 72 Bullet recovered from oak tree 10/31/2007 App 1500 hrs 73 Bullet recovered from oak tree 1 0/31/2007 App 1500 hrs 74 Bullet recovered from oak tree 10/31/2007 App 1500 hrs 75 Bullet recovered from oak tree 10/31/2007 App 1500 hrs 76 Bullet recovered from oak tree 10/31/2007 App 1500 hrs 77 Bullet recovered from oak tree 10/31/2007 App 1500 hrs 78 Bullet recovered from oak tree 10/31/2007 App 1500 hrs 79 Ballet recovered from oak tree 10/31/2007 App 1500 hrs 80 Part 1 of wood log from oak tree with 1 visible bullet 10/31/2007 App 1500 hrs 81 Part 2 of wood log from oak tree with 2 visible bullets 10/31/2007 App 1500 hrs A FC 9mm casing found on back porch 09/13/2007 App 2149 hrs B FC 9mm casing found on back porch 09/13/2007 App 2150 hrs C CBC 9mm casing found by cleaning company 09/13/2007 App 2002 hrs D FC 9mm casing found by cleaning company 09/13/2007 App 2002 hrs E FC 9mm casing found by clea.njng company 09/13/2007 App 2003 hrs - ' F Set of boat keys found inside of residence 09/13/2007 App 2140 hrs 000634 KENTUCKY STATE POLICE KYIBRS SUPPLEMENTARY REPORT (JOHNSON)
- 129. Tuesday, September 11,2007 / 1430 hours EST: I arrived on scene at 397 Waterford Loop and met with Sgt. Tom Walsh, u/139. Sgt. Walsh advised that Det. Jason Propes, u/1153, was preparing a search warrant for the residence. Sgt. Walsh advised that there were two females and one dog deceased inside the home. The children and other animals had already been removed from the residence prior to my arrival. Upon issuance of the search warrant, Det. Propes and I would first enter the residence and document it via photography and video in its current condition. Det. Larry Walker, u/587, was assigned as the primary case officer. I was assigned secondary and placed in charge of evidence processing. Det. Mark Gillingham, u/631 was tasked with interviewing the children and Det. Propes would be handling the documentation of the scene. 000470 KENTUCKY STATE POLICE KYIBRS SUPPLEMENTARY REPORT (JOHNSON) Tuesday, September 11, 2007 / 1500 hours EST Interview with Kurt Green While Sgt. Walsh and I were standing outside the scene, we observed a semi tractor trailer cab drive up to the perimeter. A male subject, later identified as Kurt Green, husband to Karen Green, exited the cab and proceeqed to our location. Sgt. Walsh and I met with Mr. Green and notified him of both his wife's and Tracy's passing. Mr. Green consented to being interviewed regarding his knowledge of the situation at hand. I conducted an interview with Kurt E. Green inside my State Police Cruiser. This interview, along with the initial outside interview, were both recorded in their entirety utilizing my Olympus Digital Voice Recorder. Copies of the interviews are attached to this case file for further reference. For a complete account of the interview, see attached CD. Mr. Green stated that he is married to Karen Green and resides at the residence where the incident supposedly took place. Mr. Green stated that he first learned of what had happened by a
- 130. phone call aroundnoon from Matthew Peterson, his. grandson. Mr Green advised that Matthew's father is Michael Peterson, who lives around Ekron. Mr. Green stated that he finally got a hold of Matthew when he called the house phone. He was unable to get a hold of anyone by calling his wife's cell phone that morning. He first called her cell phone at approximately 10:10am. When Mr. Green called the house, Matthew answered crying. Matthew told him that everybody was dead. Matthew further told Mr. Green that somebody had broken in and both grandma and mom were dead. Mr. Green stated that he told Matthew to call the police and that he was on his way home. Mr Green stated that he could hear the other kids in the background, but that he asked Matthew if they were okay to which he replied "yes". Mr. Green stated that he immediately dropped his trailer and headed home. He advised that he works for USA Trucking out of Van Buren, AK. Mr. Green stated that he was in Georgetown, KY at the Toyota Transferring Warehouse when he found out what had happened. He stated that Carl Centers, his student driver, was with him at the time of the call. I asked Mr. Green about his whereabouts for the preceding days. He responded that he left out Sunday night at approximately 2002 hrs from the Pilot Truck Stop at the 105 MM (Lebanon Junction exit from 1-65). He stated that he got to Georgetown around 2200 hrs at which time he called his wife. He stayed in Georgetown that night, inside his truck, and picked up his student driver from the Microtel Hotel in Georgetown around 0515. They next went to the Trans Freight Warehouse where they picked up their load, sent some messages to USA Trucking, and proceeded to Georgia where they made three stops in GA. They then went back to Georgetown to pick up another load from the warehouse. They stayed in the truck until the next morning when Mr. Green was awakened by an old student. At that time, Mr. Centers went inside to get a shower while he conversed with his company regarding his next trip. At around 1200 he got a hold of Matthew at the house and received the news.
- 131. Mr. Green statedthat Tracy and Brent have been married for about 5-6 years. Tracy is his son's previous wife who has become almost like a daughter to he and his wife. He stated that Tracy and Brent initially lived with them in Radcliff before they received quarters on Fort Knox to live. Tracy and Brent lived on base for about a year and a half before moving to Fort Campbell. At that time, the two would return to Hardin County to visit with Kurt and Karen about once a month so they could see the kids. Eventually, Tracy and Brent had a falling out which led to her leaving approximately a month and a half ago. According to Kurt, the two were getting a divorce. He and his wife had assisted Tracy in the move. According to Mr. Green, Tracy still had 000518 a good deal of her stuff in a storage facility directly off of Post. Mr. Green stated that Tracy had just finalized a new place for her and her kids to stay in Radcliff. Mr. Green stated that Brent had come up to visit his kids the last two weekends in Rineyville. He would take the kids all day Saturday and return them later that evening. Mr. Green stated that on this last Saturday, Brent picked his kids up around 0800 hrs at the house. He only took the two youngest kids with him for the day. He dropped them off around 2000 hrs that evening. Mr. Green stated that Tracy normally works Saturday, Sunday, and Monday at the nursing home. On Sunday when he left, Karen along with the three kids took him to his truck in Lebanon Junction. He called her around 1945 hrs on her cell phone to make sure she got home alright. He next called her around 2150 hrs when he got to Georgetown. On the following day, Monday, he spoke with her around 1130 hrs. Everything was reportedly still okay at the house.. Mr. Green stated that he spoke to his wife three more times later that day, once being around 1930 hrs when she was putting the kids to bed, again at approximately 2030 hrs, and a third time around 2130 hours when she was getting ready to go to bed herself. He stated that she had just let the dogs out for the last time that night. He
- 132. stated that hiswife must have gotten the trash put out because the cans were still on the roadway empty. Normally, Mr. Green advised that the trash gets picked up between 0600 hrs and 1000 hrs. He noticed that the newspaper was still inside the box as well, but she normally didn't get it out until around 1200 hrs to 1300 hrs when she puts the little girl to bed. Mr. Green stated that she normally puts the trash out before she goes to bed. Mr. Green stated that Brent drives a red minivan. He described Brent as being a high strung, hyper person. He has not seen him with guns before, but that he had overheard him talking about shooting with Tracy's dad before. He remembered once trying to give Brent some advice on raising step-children to which Brent became very "pissy". He stated that Brent was next deployed overseas, but returned early due to a rumor that he had supposedly threatened to either kill himself or one of his lieutenants. Mr. Green stated that Brent would become very agitated and short tempered with his kids over small things such as the kids running around without a shirt on. Mr. Green stated that over the last couple of months his wife kept telling him that Brent had "lost it" and that he had"flipped". Mr. Green stated that on Saturday night, Brent had called the house and spoke with Karen asking for a quicker route to Fort Campbell from Rineyville. Mr. Green did not speak with Brent directly, but that Brent was asking Karen to ask him if it would be quicker to take the Parkway between Bowling Green and Owensboro rnstead of down the Western Kentucky Parkway to the Pennyrile. In hindsight, Mr. Green believes that Brent was looking for a shorter route back to Campbell because of his plans to return to Rineyville. I concluded the interview with Kurt Green at approximately 1553 hours. 000519 KENTUCKY STATE POLICE KYIBRS SUPPLEMENTARY REPORT (JOHNSON) Tuesday, September 11, 2007 / 1545 hours EST Det. Propes returned with the search warrant for the residence.
- 133. He and Iinitially documented the exterior of the residence. Det. Propes was utilizing both a digital SLR camera and a 35mm film camera for the photography. I was following behind Det. Propes and videoing the scene's condition. A copy of the video is attached in DVD form to the case file for further reference. By entering the residence from the front door, one immediately walks into a dining/sitting room area. To the left is the master bedroom and bath where Kurt and Karen Green stayed. To the right enters a nook, opening up to the kitchen area and living room area. The doorway leading to the garage and a connecting laundry room is also found here. When we first rounded the corner to the kitchen, the body of Karen Green, could be seen with her back laying against the wall near the rear patfo entrance. A large amount of blood was located both on the interior and exterior of the rear patio doorway, which was still partially open at this time. The doorway was noticed to have three sections of glass containing holes in it. One was clearly a bullet hole with the other two being undetermined at the time. A dog could be seen as you approached the body of Karen Green. The dog was laying on its side just outside of the rear patio doorway. A projectile was laying between the dog's body and the patio doorway. As we continued down the hallway, we noticed a bullet hole in the wall which entered the first bedroom on the right, where the children stayed. A later analysis of this projectile's trajectory told us that this bullet entered the rear patio doorway, traveled through the bedroom wall, and exited the bedroom window. This bullet had apparently missed its target by the shooter. A bullet fragment (only the jacket) was located still hanging in the window blinds. Continuing down the hallway, a bathroom doorway is located to the left. A single bullet was recovered from the sink in the bathroom, as well as a still partially wet washcloth from the sink. This bullet had entered from Tracy's bedroom located on the other side of the bathroom wall. The bullet's trajectory was calculated at a downward angle. At the end of the hallway,
- 134. Tracy's bedroom isat the left and the baby's bedroom is to the right. Tracy Smith's body could be seen laying just inside her bedroom doorway. A large pool of blood was located under her upper region. Following the documentation of all evidence relating to the bodies and their positions, the Coroner removed the bodies of Tracy Smith and Karen Green from the scene. The bodies evidenced signs of lividity and rigor mortis in their extremities. The hands of both victims were secured inside paper bags to preserve possible evidence. The scene was diagramed by Det. Propes, assisted by Det. Jeremy Mabe, u/592, and I. Det. Terry Scott, u/ 1804, assisted in completing an evidence log from the scene (attached to case file). The body of the dog located outside the rear patio doorway was examined. I could not locate an exit wound on the animal. Sgt. Walsh contacted E-town Animal Hospital to possibly x-ray the dog's body. Dr. Kevin Nail arrived on scene thereafter and took possession of the dog's body. Tpr. Kevin Warrell, u/840, documented the removal of a single bullet from the animal and signed its possession over to myself. All evidence removed from the scene is listed above with its relative location in the residence and time of collection. All evidence was photographed and documented prior to its removal. 000001 Following the removal of all evidence, I attempted to dust for latent fingerprints. No usable prints could be found and lifted from the residence. In the following days, I examined the cell phone belonging to Tracy Smith. She had several text messages stored on her phone. The last message that appeared to have been read was at 2230 hours on 09/10/2007 Upon completion of the processing the scene at Waterford Loop all units departed 000002 KENTUCKY STATE POLICE
- 135. KYIBRS SUPPLEMENTARY REPORT(JOHNSON) Tuesday, September 11, 2007 / Thursday, September 13, 2007 I 1030 hours EST I received a call at Post from a Lisa Dyson, mother of Ashley Dyson, who advised that her daughter had possible information regarding the Rineyville murders. Mrs. Dyson advised that she would send her daughter to Post to give a statement regarding her knowledge. I conducted an interview with Ashley Dyson at the State Police Post in Elizabethtown. Ashley advised that on Monday night, 10/10/200.7, she witnessed Deshawn Whitson along with other males hanging out in the neighborhood. On the following day, she had heard from her mother that a shooting had occurred in Lavista Estates. Later that afternoon, Deshawn Whitson came to her residence while she and her friend Bobby were hanging out. Ashley stated that Deshawn showed her a bag resembling a sports backpack and told her that he needed her to get rid of it for him, to which she replied no. A while later, Ashley and her friend, Leona Graves, wanted to go to reeman Lake. Deshawn and his brother, Terrell, accompanied the girls to the. lake. While at Freeman Lake, Ashley stated that she and Deshawn became alone on a bridge at Freeman Lake. While on this bridge, Deshawn told her that he needed to dump the bag. She described the bag as being red/black with dried red stains on it. Deshawn pulled a white "wife- beater" and towel from his bag which had what appeared to Ashley to be blood on them. Ashley stated that she questioned Deshawn further at which time he told her that he had killed the two women for part of his gang initiation. He stated that he had been dared to break into the house and that he had shot the women. She stated that Deshawn then threw the shirt and towel into the creek/lake. Ashley stated that Terrell came over and overheard part of the conversation. Terrell told Ashley that Deshawn was lying and that he had busted his head open the night before horsing around. Ashley stated that Deshawn then got mad at his brother stating, "Why did you have to bust me out Terrell?" When Ashley again
- 136. questioned Deshawn, hetold her, "It's whatever." When the group got home, Deshawn left on his bike. 000512 KENTUCKY STATE POLICE KYIBRS SUPPLEMENTARY REPORT (JOHNSON) Tuesday, September 11, 2007 / 1145 hours. EST Det. John Paul Taylor, u/727, and I arrived at Freeman Lake to search for the t-shirt and towel referred to by Ashley Dyson. Det. Propes arrived on scene shortly thereafter to assist in the search. The bridge referred to by Ms. Dyson is known as the Mary Cofer Trigg Bridge. It crosses the Christopher Miller Creek as it enters Freeman Lake. Det. Taylor entered the creek, which was only approximately two feet deep at the time, and began searching for the items utilizing a rake. Det. Taylor found both the t-shirt and the towel described by Ms. Dyson. We photographed and collected these items as evidence. When we returned to Post, I set up a drying station for the items and also took a sample of the water running off each item as evidence. 000635 KENTUCKY STATE POLICE KYIBRS SUPPLEMENTARY REPORT (JOHNSON) Tuesday, September 11, 2007 / 1545 hours EST: Det. Propes and I returned to 397 Waterford Loop to obtain a sample of glass from the rear patio doorway for possible comparison purposes. During our return to the residence we also collected an additional piece of the door jamb as evidence. 000623 KENTUCKY STATE POLICE KYIBRS SUPPLEMENTARY REPORT (JOHNSON) Tuesday, September 11, 2007 / 1615 hours EST: Det. Propes and I arrived at 396 LaVista Drive, the residence of Deshawn Whitson. We conducted an interview with Mr. Whitson in his driveway. Mr. Whitson claimed that someone, probably Jeffrey Smith, had started a rumor that he had killed those two women. Mr. Whitson admitted that he did make a comment to Aaron Logan that he killed those women, but that
- 137. he was justjoking. Mr. Whitson stated that on the night before the killings, he was playing basketball and horse playing at his friend Desmund's "Dizzy" house. He stated that he hit his head on the concrete and cut his head. We examined his head at which time we saw what appeared to be a small cut to the back of his head. He admitted that he was wearing a "wife- beater" and had gotten blood on it. He admitted to us that he had thrown the t-shirt and towel into Freeman Lake. Mr. Whitson volunteered to take us out to the Lake and find the t-shirt and towel. Mr. Whitson stated that he came home around 2150 hours, almost missing his 2200 curfew. He stated that his mother and brother were both home when he got home. Mr. Whitson said that he remained home all night until he left for school the next morning at 0740 hours. Det. Propes photographed Mr. Whitson including the cut to his head. Mr. Whitson provided us with the bag containing blood stains, voluntarily turning it over to us for analysis. 000568 KENTUCKY STATE POLICE KYIBRS SUPPLEMENTARY REPORT (JOHNSON) Tuesday, September 11, 2007 / 2030 hours EST: I was contacted by Post and advised that Tpr. Mike Garyantes, u/584, and Det. Mabe were returning to the scene at 397 Waterford Loop to recover additional evidence located by the cleaning crew. Upon arrival at the scene, I met with Tpr. Garyantes who advised that the two members of the cleaning crew had found three (3) 9mm shell casings during their cleanup process. Tpr. Garyantes further advised that the casings had not been contaminated, as the clean up crew utilizes safety precautions including gloved hands and tyvec suits. I advised Tpr. Garyantes to have the cleaning personnel write out written statements and attach them to his supplement. Det. Propes and Det. Mabe arrived on scene during this time and assisted in a second search of the entire premises. Two (2) additional 9mm shell casings were discovered under fur~iture on the back patio. In all, we recovered a total of five (5) 9mm shell casings and
- 138. one (1) setof boat keys from the residence. Of note, four (4) of the 9mm casing head stamps were Federal Cartridge Company with one (1) being branded CBC. Mr. Green believed that someone may have handled his boat keys as they appeared to have been moved from their usual spot. Det. Propes and I again searched the automobiles and recreational vehicles, including a boat, on the property. No new evidence was discovered in these locations. Det. Propes and I traveled to Fort Knox to search another Chevrolet truck owned by Kurt Green. This search yielded no additional evidence. I later researched the brand CBC at which time I discovered that the casing was manufactured by a company called Magtec. Magtec is a cartridge manufacturer that produces a line of 9mm ammunition. 000624 KENTUCKY STATE POLICE KYIBRS SUPPLEMENTARY REPORT (JOHNSON) Tuesday, September 11, 2007 / Friday, September 14, 2007 / 1410 hours EST: I traveled to the AFIS (Automated Fingerprint Identificati on System) Section in Frankfort to have the 9mm casings and set of boat keys examined by lab personnel for possible latent fingerprints. I received a call later that evening from the technician reporting that no identifiable prints could be recovered from the items. 000647 KENTUCKY STATE POLICE KYIBRS SUPPLEMENTARY REPORT (JOHNSON) Tuesday, September 11, 2007 / Monday, September 17, 2007 / 0930 hours EST: I arrived at the State Police Central Forensic Laboratory in Frankfort to assist in the processing of Brent Smith's minivan. Multiple lab personnel assisted in the search of the vehicle. Two samples of blood were recovered from the driver's seat area of the minivan. The first was located on the right driver's side arm
- 139. rest. The secondwas recovered on the driver's seat back. The lab photographer photographed the positions of the stains' recovery. While conducting a search of the middle to rear passenger compartment of the van, a black bag was discovered. The bag appeared to be a standard duty bag that one would keep their equipment in. Inside this bag, I discovered multiple receipts, including one for "Grandpa's" dated 07/01/2007. This receipt included the purchase of 9mm ammunition, including 147 JHP rounds. The receipt also included a KYDEX paddle holster for a Ruger P Series. This receipt was later cross-referenced to Brent Smith's bank statements which confirmed the purchase made to Grandpa's. Various other documents including correspondence with attorney's surrounding Brent and Tracy's divorce and custody issues were located inside the minivan. A portion of these documents were also taken and logged into evidence. 000607 KENTUCKY STATE POLICE KYIBRS SUPPLEMENTARY REPORT (JOHNSON) Tuesday, September 11, 2007 / Thursday, September 20, 2007/1100 hours EST: Det. Walker, Det. Scott, and I arrived at Grandpa's, 1894 Fort Campbell Blvd, Clarksville, TN (931-647-0251), a retail store specializing in firearms and hunting supplies. I met with Emetrio Villejo, who handles the business's ammunition ordering. Mr. Villejo examined the copy of the receipt which we had recovered from Brent Smith's vehicle. He was unable to locate any of the ammunition listed on the receipt as still available in the store for comparison with that which we found at the scene. Mr. Villejo and I then preceded to his office where he further cross referenced the ammunition description listed on the receipt with Federal Cartridge Company's, manufacturer's catalog. He was unable to locate any "subsonic ammunition" currently in production matching the description of what we had found at the scene. He then contacted Mark Cantrell with Federal Cartridge Company (615-785-6491) who assisted him in
- 140. the search. Mr.Villejo was eventually able to find the ammunition specified on the receipt in Grandpa's database. The description of the ammunition matches that corresponding to the receipt dated 07/01/2007. Mr. Cantrell stated that the particular ammunition sold that day is no longer in production by Federal. Mr. Villejo printed out an inventory of the ammunition which provides for the last five boxes of the ammunition in Grandpa's inventory being sold in July 2007, thus meaning that Mr. Smith had purchased at least one of those five. The other 9mm FMJ ammunition could not be located by Mr. Villejo. After leaving Grandpa's, we traveled to Brent and Tracy's previous residence outside of Fort Campbell. I photographed the residence in its entirety. Copies of the photographs are attached to the case file on CD for further reference. After searching the residence, Det. Scott and l conducted a neighborhood canvass. For a complete account of these interviews see Det. Scott's supplement. 000479 KENTUCKY STATE POLICE KYIBRS SUPPLEMENTARY REPORT (JOHNSON) Tuesday, September 11, 2007 / Thursday, October 4, 2007 /1100 hours EST: Det. Walker, Det. Gillingham, Det. Scott, and l arrived at a farm around the Paducah area to recover a portion of a tree which was believed to have been shot with the Ruger 9mm pistol that belonged to Brent Smith. I documented the area utilizing our digital camera. While at this location, we used metal detectors to search for possible 9mm casings in the area. No 9mm casings were recovered. Det. Walker pointed out the tree in question reported to hold possible 9mm bullets. At this time, w e began to cut the tree down. While removing the tree, a single 9mm bullet was recovered around the base cut. This projectile was photographed and taken into evidence by net. Walker. The main trunk of the tree was cut into three (3) sections for transport. A portion of an old stump was also taken at this time. All items
- 141. were I hotographedprior to our departure from the scene. 000629 KENTUCKY STATE POLICE KYIBRS SUPPLEMENTARY REPORT (JOHNSON) Tuesday, September 11, 2007 / Wednesday, Oc:tober 31 , 2007/1300 hours EST: Det. Walker, Det. Gabhart, and I processed the sample of the oak tree we had recovered from the Paducah area. Det. Gabhart had made arrangements to bring a hydraulic log splitter to Post to assist in the recovery of possible projectiles from the tree. During this process, I documented each projectile with our digital camera as it was located and recovered from the wood. In all, we were able to recover twelve (12) additional 9mm projectiles from the wood. All bullets appeared to be 9mm FMJ. I packaged nine (9) of the bullets in individual containers. The remaining three (3) were left lodged inside the wood itself, to preserve its integrity, which was placed into evidence as a whole. I lodged all recovered items into evidence and attached a KSP-26, examination request, to the packaging. 000632 KENTUCKY STATE POLICE KYIBRS SUPPLEMENTARY REPORT (WEST) TUESDAY SEPTEMBER 11TH, 2007 / 1245 HOURS {ALL TIMES EST) I NOTIFICATION & RESPONSE TO REPORTED DOUBLE HOMICIDE IN RHINEYVILlE: Several detectives, the Detective Sergeant, and I were eating lunch in Elizabethtown when we were notified by Dispatcher Jodi Shackelford via cell phone of a possibJe double homicide in the Rhineyville area north of Elizabethtown in .Hardin County. She advised me that a (9YOA) male called 911 stating someone had entered their home the previous night (Monday, September 10th at approximately 1800 hours), wearing camouflage, and shot his mother and grandmother. There were two other younger children in the home. They were not physically harmed. Dispatcher Shackelford advised two
- 142. uniformed troopers wereresponding to the scene as we were speaking. I was riding with Sergeant Tom Walsh, Unit 139 (Investigations Sergeant) who took me back to post in order to retrieve my cruiser. The rest of the detectives who were with us, Detective Larry Walker. Unit 587, Detective Mark Gillingham, Unit 631, Detective Jason Propes, Unit 1139, Detective Jeremy Mabe, Unit 597, and Arson Investigator Terry Scott, Unit 1804 proceeded onto the scene. While on the way to the scene, I instructed the arriving units regarding the establishment of scene security, once the children were secured and a protective sweep of the residence· was conducted. 000461 KENTUCKY STATE POLICE KYIBRS SUPPLEMENTARY REPORT (WEST) TUESDAY SEPTEMBER 11TH, 2007 / 1332 HOURS I ARRIVAL ON SCENE {397 Waterford Loop, RhineYville, KY): Sergeant Walsh and I arrived on scene at the same time. By the time we arrived the children had been secured by the troopers who first arrived. I observed several marked and unmarked cruisers parked in the roadway in front of 397 Waterford Loop. As I approached the area, I met with Trooper Eric Hines, who was in charge of securing the scene , and who was maintaining the log . He was positioned at the intersection of the roadway and entrance to the driveway. Sergeant Walsh and I checked in with Trooper Hines. Trooper Justin Spears had his cruiser parked in front of the residence. Three children were in his car. I spoke briefly to the children asking them if they were all right. They did not appear to have, nor did any of them complain of any physical injury. Hardin County Child Protective Services had already been contacted by post and were on the way to the scene to take the children into protective custody. I requested that Post Dispatchers contact Lincoln Trail Hospital requesting trained personnel who could
- 143. assist in dealingwith the emotional welfare of the children. I was advised they would be sending a 'Crisis Team' to post or the advocacy center I spoke briefly with several detectives and troopers on the scene, who advised they had done a protective sweep of the residence. The bodies of two females, apparentiy shot to death, were located inside. The decedents were later identified as Karen D Green (53YOA) and Tracey D. Smith (31YOA). There were some dogs in the residence, which the children had secured in the house for the responding troopers. The dogs were described as aggressive towrd strangers. Two dogs were allegedly secured in a bedroom with one dog running loose out in the open part of the house In discussing the clearing of the residence, someone mentioned that the 'basement' had not been cleared. I was advised that Hardin County Animal Control was on the way in order to secure the animals and take them from the residence. We decided to do another sweep of the residence, given that there was an alleged basement, which had not been checked for other potential victims or suspects. While we were waiting on animal control, we discussed investigative assignments Detective Larry Walker- Primary or 'Lead' Investigator . Detective Mark Gillingham - Secondary Investigator - Child interviews Trooper Dennis Oldham-Assistant to Lead Investigator ref. preliminary. Detective Jason Propes- Obtain Search Warrant- Scene Photography-Evidence Collection Detective Jeremy Mabe - Scene processing - Evidence Collection Detective (Arson invetigator) Terry Scott-Scene processing- Evidence Collection Detective Matt Johnson - Scene processing - Evidence Collection Lieutenant David Lee, Unit 73 (Post Uniform Lieutenant), who was on scene approached me with some information related to the (9YOA) boy, later identified as Matthew Peterson, who called 911. He related to me and other detectives that the boy
- 144. made the statementindicating that the shooter was wearing a camouflage jacket like his step-father's. His step-father was later identified as Brent Andrew Smith. Additionally, he agreed to assign uniformed troopers on the scene to complete a neighborhood canvass. 000462 Detective Walker approached me at the scene and advised that he had learned the grandfather was not at the residence. Other units were following up on his identification and whereabouts. 000463 KENTUCKY STATE POLICE KYIBRS SUPPLEMENTARY REPORT (WEST) TUESDAY SEPTEMBER 11TH, 2007 / 1350 HOURS / REMOVAL OF DOGS FROM RESIDENCE / PROTECTIVE SWEEP: I decided to go in with Animal Control when they arrived. This would afford me the opportunity of a scene overview during the sweep and removal of dogs. Additionally, Detectives Walker, Gillingham, and Sgt. Walsh entered the residence with us. This was sweep was conducted without incident. It was determined during the sweep that there was no basement in the residence. PRELIMINARY OBSERVATIONS INSIDE RESIDENCE: During the clearing of the residence, I observed one female (later identified as Karen Green), deceased, lying on her back on the kitchen floor. She was wearing blue sweat pants and a white T_.shirt. Her upper back was up against the south wall of the kitchen. She was lying next to a framed glass door, which led to a patio in the back of the residence. The glass in the door was shattered, with apparent bullet holes in it. There was a large amount of blood on her body, clothing, and in the general vicinity of where she was lying. There was also a deceased dog just outside of the patio door. It was readily apparent the female subject I observed in the kitchen was shot. As we walked down the hallway south in the direction of the bedrooms, I noticed an apparent bullet hole in the west wall of the hallway, which was in line with the patio door. As we
- 145. approached the rearbedroom of the residence on the left (east side) I observed another female (later identified as Tracey D. Smith) on the floor of the bedroom. She was on her knees, slumped forward. Near her head was a pool of blood. It appeared that she had been shot in the head. I recall that she had another wound to one of her arms. In the brief time I was in the residence, I do not recall which arm. She was posi tioned between the bed and the north wall of the bedroom. I noted also that there was a diaper near her left foot. We did not observe any firearms inside (or later outside) the residence. After clearing the residence for suspects and/or other victims, and removing the dogs, we exited the residence and waited for the acquisition of a search warrant PRELIMINARY OBSERVATIONS OUTSIDE THE RESIDENCE: After leaving the residence, I made the following observations outside. There were two vehicles in the driveway of the residence. There was a dark green Chevy Camaro, 20, convertible (covered or closed. position), Tennessee registration. Detective Walker advised me he had learned that this vehicle belonged to Tracy D. Smith. I noted that the passenger seat was slid up all the way forward, toward the dash. The other vehicle was a green Chevy, Crew-Cab pickup truck, bearing Kentucky registration. This vehicle belonged to the grandfather, Kurt,Green, whom at that time we had not located In walking through the yard to the west of the fenced residence, I saw a boat in the back of the residence bearing Kentucky registration. I also noted what appeared to be where a bullet exited the residence through a window on the west side of the residence. The window appeared to be the window to one of the children's bedrooms 000003 Prior to being able to look all the way around the residence (outside the fenced area of the yard). I was called away from the inimediate scene by the arrival of Hardin County Social Services.
- 146. 000004 Prior to beingable to look all the way around the residence (outside the fenced area of the yard). I was called away from the inimediate scene by the arrival of Hardin County Social Services. 000580 KENTUCKY STATE POLICE KYIBRS SUPPLEMENTARY REPORT (WEST) TUESDAY SEPTEMBER 11TH, 2007 / 1500 HOURS / DEVELOPMENT OF PERSONS OF INTEREST: After speaking with the Hardin County Deputy Coroner, l learned that Kurt Green, previously identified as the 'grandfather,' husband of decedent Karen Green, is a commercial truck driver. He was on the way to the scene to meet with us. Lieutenant David Lee assigned Trooper Dennis Oldham to follow up with the children's school regarding information on other family members. Lieutenant Lee learned from Trooper Oldham that (victim) Tracy Smith was currently married to Brent A. Smith. Bren't Smith is on active duty in the Army. He is assigned to Ft. Campbell as a military policeman who holds the rank of sergeant (E-5). I contacted a local FBI agent to see if I could find a CID contact for Ft. Campbell., I was put in touch with Special Agent Frank Charles in the Madisonville, KY area. SA Charles called and gave me the name of Special Agent Richard lncata, Criminal Investigative Division, Ft. Campbell, Kentucky. Shortly thereafter, I spoke with SA lncata and his Acting CID Commander, CW2 John Spann regarding information on Brent Smith. I learned that (Sergeant) Brent Smith was assigned to the 561 st Military Police Company at Ft. Campbell, Ky 000581 KENTUCKY STATE POLICE KYIBRS SUPPLEMENTARY REPORT (WEST) TUESDAY SEPTEMBER 11TH, 2007 / 1600 HOURS / CONTACT WITH KURT GREEN (HUSBAND OF DECEDENT:
- 147. KAREN GREEN): Upon arrivalhis arrival at the scene (check Jog for exact time) I briefly met with Kurt Green. I introduced myself to him. We spoke very briefly before I was interrupted by a phone call; however, I recall him stating that he assumed his wife and Karen Smith were dead. He had gotten a call from his grandson, (9YOA) Matthew Peterson, that morning. Matthew told him what had happened. Mr. Green told Matthew to hang up the phone and call 911 Immediately. From that point he proceeded to 'drop his load' and head home. At that point, I received the phone call, and left Mr. Green with other detectives who stayed and took his statement. After my phone call, I followed up with Sergeant Walsh, who advised Mr. Green explained where he had been through the night up to the time he was called by his grandson. Detectives Matt Johnson and Jeremy Mabe followed up with official statements from him, and a student driver who was with him when he drove up to the scene in a bob-tail semi-tractor truck. Sergeant Walsh and I discussed reviewing Mr. Green's fuel tickets, manifests, taking photos of his hands, and obtaining a taped statement. We . also discussed obtaining consent to search the residence from Mr. Green. Ultimately, it appeared that Mr. Green had an alibi for his whereabouts during the time frame of the murder. Moreover, his account of where he was and what he was doing was verifiable by other witnesses, phone calls, fuel tickets, manifests, etc. However, he gave detective's information (later related to me) that Brent Smith and Tracy Smith was having marital problems. Brent Smith had been to the residence as recently as Saturday (September 8th). Brent Smith had recently asked him (Mr. Green) what the fastest route was to Ft. Campbell (from Waterford Loop). He also related some information regarding Brent Smith 'stalking' Tracey Smith. Tracey had recently moved in with them from the Ft. Campbell area due to these problems. After a reasonable determination that Mr. Green's time and whereabouts could be accounted for, we shifted our attention to
- 148. Mr. Smith withregard to his whereabouts during the time frame we suspected the murder took place 000520 KENTUCKY STATE POLICE KYIBRS SUPPLEMENTARY REPORT (WEST) TUESDAY SEPTEMBER 11TH, 2007 / 1700 HOURS / INVESTIGATIVE NOTE: With regard to the time frame, witness interviews regarding trash pick-up, empty trash cans in the driveway, the victims night clothing, etc. It was determined that the time frame initially given or indicated by (9YOA) Matthew Peterson was inconsistent with the statements and circumstances mentioned above. As the preliminary investigation continued, the time frame appeared to be more between Tuesday, September 11th 0200 hours to approximately 0600 hours. See other officer supplements, medical examiner & coroner reports, witness interviews, etc. for corroboration of latent time frame. Army CID agents at Ft. Campbell assisted us in obtaining Mr. Smith's personal information. Mr. Smith had two weapons registered with the military. They were registered on 10-18-2000. 1) Rifle, .22 cal., LR, Ruger, Mod. 20/22, 2) Shotgun, 14,gauge, Mossburg, Mod. 500, SN: P717970. I verified with Mr. Incata that any weapons owned by soldiers living on post are required to be kept locked in that soldier's respective company arms room. If a soldier lives off base, there's no requirement for them to register and keep weapons in the company arms room. Mr. Smith was stationed at Ft. Knox from November 2003 until April 2005. He was assigned from Ft. Knox to Ft. Campbell in April 2005 to present. While speaking with SA lncata, I confirmed that Mr. Smith is issued a Beretta, 92F, semi- automatic, 9mm handgun for duty as an MP. This weapon is issued from the company arms room prior to his shift on Ft. Campbell and turned in when his shift ends. This is standard military operating procedure with military issued weapons.
- 149. SA lncata advisedme that Mr. Smith signed in for duty at 1300 hours (CST) on Monday September 10th. He signed out at 2200 hours (CST) on Monday September 10th. He signed for his issued Beretta that day at 1235 hours (CST) and turned it in at 2200 hours (CST). In a later conversation with Army CID, Special Agent David Greer, he advised an 'eye witness' saw Brent Smith in the parking lot at 1200 hours (CST) on Tuesday, September 11th, 2007. Of course this sighting did not preclude Mr. Smith from being in Rhineyville during the time frame of the double murder. 000481 KENTUCKY STATE POLICE KYIBRS SUPPLEMENTARY REPORT (WEST) TUESDAY SEPTEMBER 11TH, 2007 / 1700 HOURS / CONTACT/BRIEFING WITH HARDIN COMMONWEALTH'S ATTORNEY CHRIS SHAY AT THE SCENE: Sergeant Walsh and I met with and briefed Hardin County Commonwealth's Attorney Chris Shay. We briefed Mr. Shay with regard to the scene, identification of victims, status of the children, statements obtained, administrative procedures in place, etc. Mr. Shay was there in an advisory capacity, and to assist us in obtaining any court orders necessary as the preliminary investigation proceeded 000579 KENTUCKY STATE POLICE KYIBRS SUPPLEMENTARY REPORT (WEST) TUESDAY SEPTEMBER 11TH, 2007 / 1700 HOURS / CONTACT WITH POST DISPATCH REGARDING A COMPLAINT THAT A SUBJECT WAS . ALLEGEDLY BRAGGING ABOUT COMMITTING THE MURDERS: While still at the scene, Post 04 dispatchers contacted me advising that some parents of some Juveniles wanted to speak with investigators regarding a juvenile who was bragging to other juveniles who live in the same neighborhood that he had committed the murders. I called the phone number given and
- 150. agreed to meetMr. Humphrey E. Vinson who agreed to meet me at the convenient store in Rhineyville. He stated he would also bring other parents, whose children allegedly overheard, or was told that an individual named Deshaun Whitson was bragging about committing the murders. 000583 KENTUCKY STATE POLICE KYIBRS SUPPLEMENTARY REPORT (WEST) TUESDAY SEPTEMBER 11TH, 2007 / 2100 HOURS I SERGEANT WALSH AND I MET WITH WITNESSES AT THE CONVENIENT MART IN RHINEYVILLE: Sergeant Walsh and I met with Ms. Michelle N. Williamson and Mr. Humphrey E. Vinson, both of Rhineyville (see master witness list). Ms. Williamson told me that her son , Nicolas Lamar Willlams overheard Deshaun Whitson bragging that he had committed the murders on Waterford Loop. Deshaun Whitson was described as a juvenile, black male approximately 17YOA. Mr. Humphrey E. Vinson "Eddie" advised his son, Aaron Logan Vinson (008: 01-12-89) called him crying and upset. He explained that his son told him that Deshaun Whitson came by his yard asking them if they would help him get rid of some bloody clothes. Whitson indicated to him and others with him that he had done something 'on a dare' and had to get rid of the clothes. Oeshaun Whitson allegedly bragged that he had 'shot two bitches.' After speaking further with Mr. Vinson and Ms. Williamson, we asked them if they would care to get their children and allow us to interview them. They agreed to do so. Also, I requested they ask the parents of any other juvenile witnesses to come to our location for a follow up interview. Sergeant Tom Walsh, Unit 139 and I traveled to a local food gas store in Rhineyville where we met with the parents and juvenile witnesses for interviews. We interviewed the following individuals; Nicolas Lamar Williamson, 008: 02-28-90, Aaron Logan, 008: 01-12-~9, and ) Jeffrey Lynn Smith Jr., 008: 07-21
- 151. -92. These juvenileswere brought to our location in the ) parking lot of the store. Sergeant Walsh and I met with the parents who agreed to allow us to interview their children. 000571 Interview: Sergeant Brent Smith; labeled 9-11-07, Case Number: 04-07- 0722 WALKER: First, of all I'd like to just start off by saying how deeply sorry I am for your loss and we are just basically trying to find out what happened. When was the last time you saw Tracy? SMITH: I went to go pick up the kids on Saturday and she wasn't there. She was already at work and I went to Karen---- WALKER: Okay. SMITH: ----and I went to ______ Karen on a Saturday, at 3 o'clock in the morning, and I dropped them off at 7:30. I usually call them every day; talk to my kids and say hi to my daughter. WALKER: SMITH: WALKER: SMITH: WALKER: SMITH: WALKER: SMITH: WALKER: SMITH: WALKER: SMITH: WALKER: Okay. Okay, so you went--you went up to Hardin County last Saturday? Roger, this past Saturday. Okay. Do you get the children every weekend? I get them, [stuttering] weekend a month. Okay. And what time did you arrive at her place? 8 o'clock in the morning. Okay. At 08, and then I dropped them off at 1930. Okay. Tell me about that as far as, was it uneventful or---- What do you mean? As far as---- The family was---- Yeah. 000715 SMITH: It was fine. Me and Karen, me and Karen get along
- 152. great. I mean,she was a wonderful person. WALKER: SMITH: WALKER: Okay. I can't imagine that who might do anything to her. Okay. She's helped us out in the past and okay, yeah, I understand that me and Tracy SMITH: were having our issues and we were going through a divorce, and---- WALKER: [Cell phone began to ring.] I'm sorry. Sorry about that. How long have you been married to Tracy? SMITH: WALKER: SMITH: WALKER: SMITH: WALKER: SMITH: WALKER: SMITH: WALKER: SMITH: going out and partying a lot. You know, because I told her this-- the whole divorce was about an affair- WALKER: SMITH: WALKER: Five and a half years. Okay. And did you guys meet through the military? Roger. Okay. Where are you originally from? I'm from Illinois. She's from Ohio, so. Okay. And where did you guys meet at, as far as what post? At White Sands Missile Range in New Mexico. Okay. Did you guys do any time overseas together or anything like that? No, she was a dependent when I met her. Okay. And I guess you guys were starting to have problems here recently? Okay. ----about _______ telling me a rumor that she had an affair while I was gone. Okay. Do you know the person's name? Well, I was trying to fight custody for the kids because-- because her--she's been
- 153. 000716 SMITH: I've hearda couple of them actually. There was a guy named Jack who works up there, up at--he used to work up here at Jenny Stuart Hospital. WALKER: SMITH: WALKER: SMITH: WALKER: SMITH: WALKER: SMITH: WALKER: SMITH: WALKER: SMITH: WALKER: SMITH: house---- WALKER: SMITH: WALKER: SMITH: WALKER: SMITH: WALKER: Okay. He came over the house when I was on leave. Okay. Josh Emmons [spelling.] Now, when you say he came over to the house---- He came over to the house to---- ----here in Fort---- Clarksville. Okay. Clarksville. And that's where--that's where you guys were residing? Right. Okay. When did she move to--- She moved--she put all of the stuff in storage on the 5th and 6th. She came to the The 5th and 6th of September? No, of----
- 154. Of August? ----August. Okay. And shecame back a couple more times to get a few odds and ends things. Okay. 000717 SMITH: off because WALKER: SMITH: WALKER: SMITH: WALKER: SMITH: WALKER: SMITH: usually---- WALKER: Like her biggest thing, she was wanting to take pistol from--she wanted to pawn it she needed money. Okay. And---- What type of pistol? I think it was a Ruger. Okay. Did she take the pistol? Roger, she took it---- Okay. ----and I think she pawned it off somewhere. I don't know where. Because Okay. Do you think she pawned it in E-Town? Because I only had custody of it because, you know, she doesn't know how to use SMITH: pistols at all and I don't see any reason why she needs a pistol, and I--I fought for it in court and I got it, because WALKER: SMITH: WALKER: SMITH: WALKER: SMITH: WALKER: SMITH: WALKER: SMITH: her dad gave it to me.
- 155. What's the caliberof the pistol? It's a .40 or .45. A .40? I think it's a .40. Okay. Was it your pistol or? No, her dad gave it to me. Okay. Because I bought him a Glock 10mm and---- Okay. Well, what's her dad's name? David __________. 000718 WALKER: SMITH: WALKER: SMITH: and he told me, and I was on the phone constantly trying to figure out what the fuck was going on. WALKER: Okay. Did--so you are not exactly sure if it was a .40 or a .45? SMITH: It could be a .9mm, I don't know. [??]: You said that it was awarded to you in correct, is that correct? So you have it back? SMITH: What was that? No, I gave it back to her because I wasn't using it and there was no reason for me to have a weapon. I mean, I can't keep it here on post, so I just gave it back to her. I was like, you know, you can have it, because she was wanting money, because she was hurting for money. WALKER: SMITH: WALKER: Okay. Because you know---- Did you give it back to her after she moved out? Okay. Do you know her brother? Roger, her brother is David _____, too. And he is a U.S. Marshal? Roger, yes. He's--he's the one that called me saying that there was an accident, Well, I gave it to her about two and a half weeks ago, when she came down, SMITH:
- 156. because she wasgetting some other odd and end stuff. WALKER: SMITH: WALKER: SMITH: don't care. She said she was going to do half of it with me, but I told her that she could have the money. WALKER: Okay. SMITH: I mean---- Okay. And she asked about it and I gave it back to her. I was like, "Here you go." Okay. Okay. And that was about--she came down here and got it? Roger, she either put it in her storage or she already pawned it. I don't know. I 000719 WALKER: Did she say what her living conditions were? That she was going to stay at her ex-in-laws, at Karen's house or---- SMITH: by the court. She--I think she had 60 days to move out of Karen's house, was what was written Okay. And, you know, I guess---- Did Karen--were they getting along? Did Karen---- They were getting along great. I mean, as far as I know. Okay. But she wanted to go out and get her own place? That's what--what's what I understand is just---- WALKER: SMITH: WALKER: SMITH: WALKER: SMITH: [??]: Why did she have 60 days to get out of Karen's house, I don't understand? SMITH: That's--that's what the court gave her to get--to get her up on her feet and then she needed to get her own place, because I did not want her living with Karen because Eion is
- 157. allergic to dogsor actually it's Matthew is allergic to cats and he and I just, I don't like the dogs inside of the house because it's unsanitary and Eion always gets really---- [??]: So there is a court order saying that she---- SMITH: Right. [??]: ----had 60 days to move out? SMITH: Right. [??]: Where is that court order from? Is it here in---- SMITH: WALKER: [??]: Okay. WALKER: SMITH: It is here in Clarksville. I have a--I have a copy of it from the court. So, it would be Tennessee? Clarksville is Tennessee, correct? Roger. 000720 WALKER: SMITH: WALKER: 18-month old? Okay. Okay. So you went up there Saturday morning to pick up Eion and---- And I dropped them off at 1930 on--on--on Saturday. Okay. What did you guys do? Now, you just picked up Eion, is the younger, the SMITH: WALKER: SMITH: [??]: Eion is the boy. SMITH: WALKER: SMITH: Eion is a boy. Now, did you pick up both or just Eion? Roger, both. No, she's 2. 2 and she's your daughter? Reagan is my daughter. [??]: What about Matthew? SMITH: No, she wouldn't let me take Matthew, because you know, he wants to play video games and that's fine with me. He can play video games. WALKER: Right. SMITH: It's his decision to make. If he wants to come, he can.
- 158. I'm not goingto make him come with me. WALKER: Right. And what did you guys do? Were you going to come back down here or you just hung out up in Hardin County? SMITH: Yeah, we hung out in Hardin County. We went to--to Walmart; I bought them a toy. We went to Louisville and went to the mall; put Reagan on the carousal and on some of the rides. [??]: So you've been stationed at Fort Knox before---- SMITH: Right. [??]: ----so you are familiar with the areas? 000721 SMITH: I went and talked to--to Ginger and Maryellen. I went and talked to them for probably 2 or 3 hours on Fort Knox. WALKER: Okay. Was she--did she seem a little--did she seem okay as far as Tracy? Did she say anything as far as was she having problems with neighbors or boyfriends or anything? SMITH: She--it's been hard on--for me to let go. I mean, this past month and a half I've just, you know, to be able to let go. I've been talking to other females. WALKER: Um, hmm. SMITH: I was content about getting a divorce, you know, because she had an affair and she suspected me of having an affair--- WALKER: Okay. SMITH: ----you know, even though I told her I didn't, you know, and--but, you know, I had too many people here telling me, too many people up there at Knox telling me that, hey, I've seen her with this guy and she's been talking to this guy. WALKER: Does she hang out at Fort Knox at the NCO Club or? SMITH: She's been out to Fort Knox. She went out to the club there in E-Town, the R and B place right there next to the gas station---- WALKER: SMITH: WALKER: SMITH: Okay. ----and the country club.
- 159. Okay. And she spent--shewas up there--she was up there every other weekend. Okay. And so Saturday evening when you dropped your kids off, did you go WALKER: inside the house or did you---- SMITH: WALKER: SMITH: WALKER: I went inside the house just to, you know, see Eion's room and-- -- Okay. ----I went to the bathroom and I left. Okay. Was there any--was any---- 000722 SMITH: WALKER: SMITH: WALKER: SMITH: No, Tracy wasn't even there. She was at work. Okay. Was Karen there? Karen was there. She seemed fine. How about Karen's husband? He seemed fine, too. He was just---- Well, I guess he's a truck driver, so he's not there often. Did you guys have any WALKER: arguments or anything like that? SMITH: No, me and Curt get along great. He's kind of a--you know, he's pretty neutral. He just goes with the flow. WALKER: SMITH: WALKER: SMITH: WALKER: SMITH: business. WALKER:
- 160. SMITH: up to Nashvilleand partied and I came back here because I had to work on--I worked on Sunday and I worked last night, and I'm working right now, or I was. WALKER: Okay. Okay. SMITH: Until David called me saying there was an accident and he was--no one was telling him what was going on so I called Sergeant Covil. I called the desk up at the MP Station, because I still know the guys from there---- WALKER: Okay. SMITH: ----and Sergeant Covil, I don't know if you know him or not? Right, okay. And her--her ex-husband---- Mike. Is he--he's at Fort Lewis? He's at Fort Lewis, but he's in Iraq right now. Okay. Did she say anything about Mike as far as any problems with Mike. I don't--I don't talk about, you know, his relationship with Mike, that's not my Okay. Okay. And you left Saturday night; came back home? I came back here on Saturday night and I went out with some friends and we went 000723 WALKER: SMITH: WALKER: SMITH: WALKER: SMITH: [spelling.] WALKER: SMITH: WALKER: SMITH: WALKER: No.
- 161. _______ gunner? Unt, unt. He'sthe traffic accident ________ there. Okay. Because I was--I was with him in traffic and we know Jamie and Steve Right, yeah, yeah. I know them guys really well. Okay. So, did the Chaplain tell you what happened? He--all's I know is that he said that they were shot. That's all I know. Okay. And, I--I don't know why. I want answers but they won't--my command won't tell WALKER: Right. I mean, that's what we are trying to find out too. I mean, that's why--I mean, that's the only reason why we are taking to you. You got to go and talk. That's why I asked as far as, you know, about any information about who she was seeing and basically just like we are talking to you. SMITH: Just, she was at North Hardin Heath and Rehab Center. The whole reason I was trying to fight custody is because when I called on a Friday night she said she had to work and I called and she was at a party, and I don't---- SMITH: me, because they don't know. WALKER: SMITH: WALKER: SMITH: WALKER: Okay. ----you know, I'm a family person---- Right. ----I don't go out and party---- Right. 000724 SMITH: WALKER: the kids? SMITH: WALKER: I've been trying to get a hold of her for damn three days now and she hasn't answered any of my calls.
- 162. SMITH: WALKER: SMITH: WALKER: 2330. 2330. ----you know,not even when I was single. I was DD on Saturday night. You said you called Friday before the Saturday that you went up there to pick up Well, actually it was--it was either, yeah, I called Friday, Friday to---- Okay. Okay. But after Saturday, did you talk to her on the phone or anything? WALKER: SMITH: WALKER: SMITH: [??]: When was the last time you talked to Tracy? SMITH: I haven't talked to her in [pause] last Wednesday or Thursday, sir. [??]: Last Wednesday or Thursday. Okay. So since---- I called Karen and she didn't--she didn't answer either. Was she---- Actually, Karen answered once in the morning and that's when I talked to Reagan. WALKER: SMITH: Okay. So, like I said we have to--we have to talk to friends, family members, so I'm not trying to go anywhere with this but, last night when you got off, you worked from 13-- 1300 to 20--- - So, even Saturday when you went up to get the kids, you didn't- --- I didn't see her because she was at work. And I went over to central and kind of bullshitted with Michelle, that's who I've been talking to is Michelle. WALKER: Okay. What's central? SMITH: Our dispatch center.
- 163. SMITH: 000725 WALKER: Okay. SMITH: Andthen---- [??]: You mean, the one we have downstairs here? SMITH: No, we went over there off of--off of Indiana. [??]: Okay. SMITH: a while and WALKER: SMITH: WALKER: SMITH: WALKER: SMITH: last name. WALKER: SMITH: WALKER: SMITH: WALKER: SMITH: because I was trying to contemplate what I wanted to do. You know, I needed to fight for custody of my kids and----- WALKER: Okay. What shops did you go to? SMITH: Patriot, I drove around through Patriot. I drove Toyota. I went to Wyatt-Johnson. And I just drove around because I couldn't sleep. Right across from the commissary. And I was talking to Michelle and Lindsey for then I went truck shopping after that because it's the only time---- Now, Michelle and Lindsey---- Michelle and Lindsey, I talked to them for a while. ----they are both dispatchers? Yes. Okay. Do you know their last names? Lindsey Brinks and Michelle, I don't know her last name. I can't remember her Are they MPs or are they civilians? They are civilians. Okay. Okay. And you said you went truck shopping? Yeah, I
- 164. went truck shopping. Whattime was that? Like 2 o'clock, 2:30. I went truck shopping here cause, you know, I couldn't sleep 000726 WALKER: Okay. Did you get out of your vehicle and actually walk the parking lot? SMITH: I did at Patriot up front. I just pulled on the side of the road up front, off of the side of the main road. I just walked the front line right there and that's it. WALKER: SMITH: WALKER: Okay. How about Toyota? No, I just drove around there, so. Okay. When you say you drove around, did you---- I didn't get out. I just drove up and around the main lot, because most of the car SMITH: lots here, they block off their entrances---- WALKER: SMITH: WALKER: SMITH: WALKER: SMITH: WALKER: SMITH: WALKER: SMITH: WALKER: SMITH: WALKER: SMITH: WALKER: SMITH: WALKER: Okay. ----so I just go around and see what they got. So, your vehicle was on the main highway still? Roger, on that little access road between Patriot nad the Toyota dealership. Okay. And this is in Clarksville? That's in Hopkinsville. The Wyatt-Johnson is in Clarksville. Okay. What type of--what type of vehicle were you looking for? Just a, like a '99/2000 truck. Okay. _________ truck. Okay. Tell me about--well, what did you do after that? Just drove around and came back to the barracks to sleep. Went to the barracks? Went back to my room. Okay.
- 165. And fell asleep. Whenyou say "room," you don't live on post, you live- 000727 SMITH: No, I live in the barracks. I live on post, sir. I live in the barracks. WALKER: Oh, okay, I was under the impression that you lived in Clarksville. SMITH: Well, I used to, but we closed on our house last Friday, because I had to be out of the house, because I wasn't going to pay $_____ a day if I wasn't going to be there. WALKER: SMITH: WALKER: SMITH: WALKER: SMITH: WALKER: Okay. And I still owe $175 to them. I was supposed to pay them yesterday. So when was the last time you've been at this house in Clarksville? Friday, when I cleaned everything out. Friday, okay. And what's the name of the place? It's 1033 Summerhaven Road. Okay. Yeah, I've got the address. What's--do you--the landlord's---- It's Don Carroll [spelling.] It's Caldwell Banker next to Gate 1. If you go past SMITH: Gate 1, it will probably be--it's about 300 meters off to your left. WALKER: SMITH: WALKER: SMITH: WALKER: since? SMITH: WALKER: SMITH: WALKER: SMITH: Okay. Would you have a contact number for them? I don't have the number with me. Okay. I've got a big ___________ book of contacts. Okay. But basically this past Friday you moved out. You have
- 166. not been outthere I have not been out there since then at all. You don't even have a key to the place? No, I gave them both keys. Okay. Now, what's your new address here on---- It's Building 6733. 000728 WALKER: SMITH: address? WALKER: I'm sorry? It's Building 6733. Do you want my mailing address or do you want my regular Regular address, hard address, and then mailing address. Building 6733? SMITH: never [mumbled] Room 302. WALKER: SMITH: WALKER: SMITH: WALKER: SMITH: [??]: H-E-L-P-S? SMITH: WALKER: SMITH: WALKER: SMITH: WALKER: SMITH: WALKER: SMITH: WALKER: SMITH: work the road. Roger. IsheanMPtoo? Yes. He is getting reclassed because he got in a little trouble. Got in trouble. What? Drugs. Okay. Now, was he--when he got back to your room, was he-- was he asleep or? [No audible response.] Did he get up or anythi ng like that? Did you--did he sound asleep? [No audible response.] Does he work the same shift as you do? No, he works just during the day because he's on ____ constantly because he can't
- 167. Roger, Room 320,no Room 302, Room 302 because I have a roommate and I Who's your roommate? PFC Hebner. PFC? Hebner. Hebner. Roger. 000729 WALKER: SMITH: that. WALKER: SMITH: WALKER: SMITH: WALKER: Okay. Okay. So, he--so what type of duties does he perform as far as---- He just does like odds and end jobs for the platoon, like paperwork duties, like Okay. Administrative stuff? Roger. Since he can't work the road since he's been charged with drugs. Okay. So basically you get off at 2330? 2200 is what time---- Okay. WALKER: SMITH: WALKER: SMITH: Okay. And you had to go to---- Gate3togotoacase. Okay. So. ----our actual shift ends, but we don't get off until 2245, 2300, because we had to SMITH: go out to Gate 3, myself and PFC Aulden; me and him worked together that night. [GILINGHAM]: So you were just late getting off the end of your shift due to a complaint close to the end? SMITH: Roger. WALKER: Okay. And I guess you guys, I'm prior military,
- 168. actually Mark, he'sprior military too. I was a tanker and I don't know what you were. GILLINGHAM: Intel. WALKER: Okay. Well, I know weapons and stuff, even though you are an MP you probably had to log your weapon into the arms room? SMITH: Roger. WALKER: Okay. So, somebody said there's a video camera. So, I got out in '96 and it was just all paperwork and you just signed in. Is that still how? 000730 SMITH: I can't remember exactly what time it was. I mean, it was late. It was after our shift, because I know that. It was like 2245 or something like that. I don't remember. They have a log and you can look at it. WALKER: SMITH: Okay. And so you talked to Michelle and Lindsey for a little while, then you go out, out off post? SMITH: I went back to the room first and then I changed clothes, and then I just went out and drove around for a couple of hours and then came back. WALKER: WALKER: SMITH: WALKER: SMITH: WALKER: SMITH: WALKER: SMITH: WALKER: SMITH: WALKER: Okay. So, I mean, I didn't even leave the state really. Now, Patriot is in---- It's in Kentucky. ----Hop Town. It's in Hop Town. And Toyota and Wyatt-Johnson is in---- Toyota is right next to Patriot. Okay. Wyatt-Johnson is right there in Clarksville. Okay. So what's the drive distance from Patriot and Toyota to Wyatt-Johnson?
- 169. Okay. To see whattime I got done. Patriot/Toyota is about, it sits just right across the street from each other, and then SMITH: Wyatt-Johnson is, probably, I'd say, about 30/40 minutes. WALKER: SMITH: WALKER: All right. To get there you go on the interstate, so. Now, that's a long drive, I mean, that time of night. 000731 SMITH: Well, you drive, like you go back down to go get onto I-24 and then you go up I- 24 all the way up to Exit 4, because you are at Exit 87---- WALKER: Um, hmm. SMITH: ----and you go to Exit 4 and make a right and go all the way down to Wyatt- Johnson. It's probably, I'd say, 30 minutes. WALKER: Did you have to gas up anywhere? SMITH: I had to put gas in it because I didn't have gas. I filled up when I was coming back from the kids and then I filled up again yesterday. I had to use my card, so, yesterday. WALKER: SMITH: WALKER: SMITH: patrol bag. Okay. And you said you used your card? Yeah. What type of card is that? The first sergeant's got my--because he's got my wallet and everything. It's in my Okay. Do you want a copy of that or? Yeah. WALKER: SMITH: WALKER: GILLINGHAM: It would probably be helpful.
- 170. WALKER: SMITH: WALKER:SMITH: WALKER: SMITH: WALKER: SMITH: Yeah. Yeah. What's your cell phone? 931---- I'm sorry? It's going to be 931- Okay. 980-0099. Okay. Who's this, Sprint or? [Inaudible.] 000732 WALKER: SMITH: WALKER: SMITH: No, Sprint? No, it's Cingular. Oh, I'm sorry. I mean I talked----- GILLINGHAM: Is that through AT&T? SMITH: Yeah, I mean, I got--I know the people I've called today. I got one from O.C., my brother---- WALKER: What was the area code on that? GILLINGHAM: 931 or 913? WALKER: SMITH: WALKER: SMITH: WALKER: GILLINGHAM: 0099. SMITH: 0099. WALKER: It's a long day. GILLINGHAM: Um, hmm. SMITH: Like, you can't give me answers whatsoever? I mean--- GILLINGHAM: Well, I mean, basically because we are in the preliminary stages of this investigation, number one, there's not a whole lot that we do know. We still have officers out at the scene that are still collecting evidence, processing, the whole
- 171. nine-yards; number two,you know, we're still trying to find out and until then we can't release a whole lot of information until, you know, we come up with something conclusive and everything so, you know, it may be several days before we know anything conclusive and we can reveal anything that we might---- WALKER: Right. 931. Roger, 931. 980? 0099. Okay. So, 931-980-9099? 000733 GILLINGHAM: ----might be, you know, looking at. But like I said, right now, everything is preliminary. We just need to---- SMITH: WALKER: SMITH: WALKER: SMITH: WALKER: SMITH: WALKER: SMITH: WALKER: SMITH: WALKER: GILLINGHAM: She'll probably be coming down I-24 from that way, won't she? SMITH: WALKER: SMITH: WALKER: SMITH: WALKER: SMITH: WALKER: No, she will take 40 all the way down. Okay. What time did you get up--do you guys do PT in the morning? Roger. I was up at--I was up at about 8, 8:30. Okay. Did you have to make formation?
- 172. No, we've gotto get up and shave. I get up, shave, take a shower in the morning. Okay. Is your roommate---- He was in there. Okay. After that you guys have to go out, do formation, or? Like, can I come there and get clothes for the kids or no? Just give us a couple of days on there. Well, because my mom's coming tonight. And where is she coming from? Illinois. Illinois. It's going to take her probably at least eight hours. Okay. Her name is Irene Smith. Okay. [Inaudible.] Okay. At 0930 we've got formation for the guys who work on the road, because that's SMITH: what time we actually have to work the road, so. 000734 WALKER: Okay. So your shift don't start at 1300? SMITH: It's starts at 1400, but we do PT from 0930 to 1100 and then from 1100 to 1230, that's our personal hygiene time where we go shower, eat, do what--get dressed and all that stuff. WALKER: SMITH: Okay. So basically the formation is--it's been, wow, it's been 12 years for me, but they do a headcount, all present---- WALKER: WALKER: SMITH: WALKER: SMITH: Brad Carter. He handles divorces and stuff like that? I have the divorce decree in my car if you guys want to see it. Okay. Do you want to go get that now? Do you guys want to go with me? Um, hmm. And at 1230 we have to get--be here for weapon's draw.
- 173. SMITH: WALKER: SMITH: WALKER: aswhat, I mean--as far as she said she was into anything, as far as--other than what you know as far as hanging out? SMITH: To be honest with you, sir, I'd rather not know because I talked to my lawyer today about her going out partying and you know, I don't know what. She was up here every other weekend while I was gone to Afghanistan last year. WALKER: SMITH: WALKER: SMITH: WALKER: GILLINGHAM: Where is he out of? Is he out of Clarksville or Hopkinsville? All present and accounted for. Tell the first sergeant all present and whatnot. Well, ours is our patrol supervisor, ________, the patrol supervisor. Okay. Is there anything else you can think of as far as any, as far as Tracy, as far Okay. What's his name,---- And---- ----your lawyer? Brad Carter. 000735 WALKER: [Inaudible.] WALKER: SMITH: WALKER: SMITH: Sure. So do you guys do a lot of garrison MP or field MP too? Well, garrison--both, we just got back from deployment in February. Is a lot of this going to be transferred over to DoD eventually
- 174. from---- No, not forthe road. That's all the gates and all of the civilian [inaudible.] I just keep up. Being prior military myself, I keep up with the Army Times and WALKER: all the stories out. The Army's transition over to MPs to all field----- SMITH: You've got, of course, more up there. WALKER: Yes, I was stationed up--I’m from Pittsburg, Pennsylvania. I was stationed in Fort Knox. I was a 96---- SMITH: WALKER: months ago. SMITH: WALKER: SMITH: WALKER: SMITH: [inaudible.] [Inaudible.] No, I worked the road in Meade County for 8 years before I left the road about 15 Do you know Jimmy ? Yep, as a matter of fact, he's a sergeant now. Oh, is he. Yeah. Yeah, me and him did a lot of [inaudible] together. He did the [inaudible] there at WALKER: guess he got out of---- Do you know Brian [inaudible.] He was CID at Fort Knox? He just started. I SMITH: He worked out at the ACP with us, real tall, skinny guy, blonde hair guy. He went up to KSP. WALKER: Oh, okay. SMITH: I can't remember his last name. He used to work up at the ACP, so.
- 175. 000736 WALKER: SMITH: WALKER: Soyou've been about 5 years? Seven years. Seven years. That was the magic number for me when I got out. I don't know what I'm going to do now. It's hard enough trying to raise kids, try SMITH: to do it by yourself in the military. WALKER: SMITH: WALKER: SMITH: WALKER: [??]: Actually, believe it or not, retention is pretty good. Oh, yeah, you guys just got back in? February. Okay. Everything--I know you guys deploy quite often. We are supposed to go again in May. Oh. So, your retention is pretty high or---- WALKER: We got a lot of guys [inaudible] that are trying to-- [inaudible] that are trying to [laughing] and he said, that's all he gets is $2,000. SMITH: WALKER: SMITH: WALKER: SMITH: WALKER: SMITH: WALKER: house, yes. came home Who has my kids right now, Curt? Yes, yes. Where's he at? He's at the house. He's at the house. Why is he at the house? Curt? Yeah. Don't they consider it a crime scene? Well, I mean, we are inside the house. He's not inside the house. He's at the Like I said, we're probably going to be out there for quite a while. But I know he this afternoon, so. Because I've been trying to call. I've been trying to call all day
- 176. trying to talkto SMITH: my kids and no one would answer. 000737 WALKER: We've been out there. We got the call around noon, so we've been out there since noon. Nobody was home except for the kids, so like I said, that's probably why nobody's been picking up the phone. Did you call earlier this morning? SMITH: WALKER: SMITH: WALKER: SMITH: [Sergeant Smith's phone started to ring.] SMITH: I'll call you back. [Sergeant Smith hung up the phone.] I called earlier this morning, several times. Okay. What time was that? I called at 1030, 1100. Okay. I left a message on her home phone and the cell phone. SMITH: [Inaudible.] SMITH: WALKER: SMITH: [Departed the interview room to go to Sergeant Smith's car.] [Sergeant Smith answered his phone.] SMITH: WALKER: SMITH: WALKER: SMITH: Why do they put this shit like this on the internet? Huh? Why do they put shit like this on the internet? It's on the internet? Yeah, my mom just said---- That was my mom. Do you want this, sir? No. Are you parked out front? [Inaudible.]
- 177. 000738 WALKER: The media,the news media, they was down there. Actually, I was responding from post and the Louisville media was already down there before I got there. SMITH: Did the neighbors see you? WALKER: No, they was--when we came most everybody was at work, but like I said, we got out there around noon. SMITH: I mean, like, did the neighbors see anything? I mean- No. I mean, they were shot, that's what you said? Yes. SMITH: WALKER: SMITH: WALKER: SMITH: WALKER: [Lot's of background voices talking while individuals are walking.] That's what my commander told me. And the reason why we can't provide a lot of information is because---- SMITH: WALKER: I mean, I'm still shaking. I--the Chaplains came and talked with me for an hour already and--there's that. This is my life right here, unless you want to look at the car, if you want to. No, that's okay. WALKER: SMITH: WALKER: okay? SMITH: WALKER: with everybody, that's why we drove down here to talk to you and we have to track down the people that she's been talking to and far as saying whatnot, and---- SMITH: I mean, I don't think she was into drugs but she's not
- 178. dumb enough todo that. She's better than that, but you know, she does like to party and drink a lot and---- I don't want to take your original. We can go back upstairs and make copies. I mean, I don't need it any more. Well, like I said, I don't want to take your original so we will just make copies, There's the [inaudible] -- I mean, do you have any leads whatsoever? Well, I mean, like I said, it's pretty early and I mean, we have to make contact 000739 WALKER: Um, hmm. SMITH: I know she was seeing a couple of guys down here, this Josh Emmons guy and the Jack I told you about. WALKER: SMITH: WALKER: SMITH: WALKER: SMITH: leave. WALKER: Ah, hah. And---- Now, Jack he's---- The paramedic. Okay. He's the one who came to our house and didn't paint our house when I was on Okay. Or paint our bathroom while I was on leave. [Pause.] I was doing pretty good SMITH: before this seeing Michelle. Do you want Michelle's number and Lindsey's number? WALKER: Yeah, when we get back upstairs, I can sit down and
- 179. write this alldown. Is Michelle in the military? SMITH: WALKER: SMITH: WALKER: No, she is a civilian. Okay. She's one of our dispatchers. Oh, okay. [A lot of voices in the background while they are walking back to the building from the parking lot.] WALKER: SMITH: WALKER: SMITH: So, have you always been an MP or? No, I was an 11 Charlie before. Okay. That guy's got a pretty nice car. [Inaudible.] 000740 That's Aulden right there. Is that your roommate? No, Aulden is my patrol I was with yesterday and today. Oh, okay, okay. Well, let's run upstairs real quick. Now, he was--oh, the guy-- you guys ride two to a car? SMITH: We were area four last night so. [Sergeant Smith answered his phone.] WALKER: SMITH: WALKER: SMITH: WALKER: SMITH: WALKER: than---- SMITH: WALKER: that because the only person that knows what happened is the person who did it. So, we go--for everybody we talk to---- SMITH: WALKER: SMITH: trying to do them. You WALKER: SMITH: WALKER: SMITH: I mean, I'm just--I know, I've been on a homicide before. Right, right.
- 180. I know [inaudible]you know, I'm active duty military. I'm trying to--I've been the best I can for Tracy and the kids. You know, I've given her extra money for know, I still love Tracy. Okay. When was the last time you gave her money? A couple weeks ago. Okay. How much was that? $200, because she needed extra money. Hello. Still in shock, you know, I guess, I don't know. Let's go down here for a minute. Can you tell me anything at all, like? I mean, I can't--I mean, I can't tell you as far as, I mean, what happened other Like, how they were shot? Where they were shot? No, I mean that's, by you being an MP, I mean, as far as we can- -we can't disclose 000741 WALKER: account? SMITH: WALKER: SMITH: WALKER: SMITH: WALKER: SMITH: WALKER: SMITH: WALKER: SMITH: Okay. Did she take any money out of--do you guys still have a joint checking She did, but that's been cancelled. Okay. That was out at Fort Knox. Okay. When was that canceled? A couple months ago. A couple months ago. Am I going to be able to see Tracy? Huh? Am I going to be able to see Tracy? I mean, I don't see why not? I mean, do you have like a time of death or? WALKER: than just that they---- SMITH: WALKER: SMITH: WALKER: SMITH: WALKER: Okay. Did she--so she doesn't have no access to your- No.
- 181. No, okay. Youhave your own account? I have my own account and she has her own account. Okay. Who was her account with? No, like I said, we--I mean, I wish I could tell you more as far as--I mean other SMITH: WALKER: I mean, I'm sure you guys got, you know, forensic guys already out there. I mean, they must be inside, huh? I mean, I'm sorry. I don't mean to be, you know pushy, but when you know---- I know you can't. ----were killed, but I can't. We can't. 000742 SMITH: She had one through Fort Campbell Credit Union and she also had another one through--through Fort Knox, I think. WALKER: Fort Knox Credit Union and Fort Campbell Credit Union? SMITH: She should have a cell phone. It was a pink cell phone that she used to text and call other people and you will see that I've tried to call her numerous times in the past couple of days. WALKER: SMITH: WALKER: SMITH: WALKER: SMITH: WALKER: SMITH: WALKER: SMITH: WALKER: Okay. Did you call last night? I called yesterday during the day. Okay. Before I went to work. Okay. I might have called last night, I don't know.
- 182. Okay. If youhad called last night, it would have been early last night or? I don't know. If I did, I don't remember talking to her. But you know you didn't talk to her? No, she wouldn't pick up, because this is all you get when you call her. Well, don't call it now, because--well, I guess it's just going to her voicemail? Right, it's just saying she's got too many messages, her message box is full or WALKER: Okay. Did you call her while she was at work yesterday? SMITH: I called Karen. I called the house. I called Karen and then I also called Tracy and neither one picked up. WALKER: SMITH: WALKER: Karen once---- SMITH: something like that. Okay. And that was about 1030 my time so it would be 1130 there. Okay. Okay. And so yesterday afternoon, you know you called Tracy once, 000743 SMITH: WALKER: SMITH: WALKER: SMITH: WALKER: SMITH: WALKER: SMITH: hold of her. WALKER: SMITH: WALKER: SMITH: WALKER:
- 183. SMITH: WALKER: SMITH: WALKER: SMITH: WALKER: SMITH: with Karen. WALKER: Andthe house once. ----and the house. So you called Karen's cell phone? Right. And got no answer? No answer on that line. Did you call back? Did you continue calling back or? I don't know, because everybody--I called a lot of people today, so. Okay. I called Tracy today at 1651. That's when her brother called me, so I tried to get a I called Karen at 270-735-9640 at 1647. Okay. And 270-735-9640 at 1647. Okay. That's all I have, because it only has like 20 numbers and then it deletes them. Okay. Did you call this morning? Probably, I called the morning and no one answered. Was that before formation or you are not for sure? I think it was after we got out of PT, so it was probably 10/1030. Okay. And what were you going to ask her? I just--I just call to talk to my kids, that's it. Okay. You know, I call Karen and I say, are the kids doing okay, because I like dealing I mean, I love Karen to death. Um, hmm. 000744
- 184. SMITH: She's beenvery supportive of me and Tracy. She's really helped out Tracy a lot. She was a very sweet person in general, I mean. WALKER: SMITH: I don't know. Maybe, maybe, that's what I'm saying, maybe, I mean, the dogs, they knew the person. I mean, if it was somebody that knew the family. SMITH: I mean---- WALKER: Is it possible--what type of clothing did you have when you--you didn't go--did you go to the car lot in your uniform? WALKER: SMITH: WALKER: SMITH: Okay. I mean, she's got four dogs, why didn't any of the dogs attack? No, I just went in jeans and my tan t-shirt. Okay. Is it possible we can go to your room and---- That's fine. Okay. Like I said, we got to talk to everybody so, like, I mean, I don't want you SMITH: [Inaudible.] I would never, ever hurt Tracy or Karen, never. I mean, I've never done anything to harm Tracy and I never would. I mean, she was the love of my life, you know. WALKER: to get the wrong idea. WALKER: SMITH: WALKER: SMITH: WALKER: SMITH: through counseling for it. I tried to get her to go to counseling and I found out that she had been seeing other people here while I was back, that's why she wouldn't leave, so and she knows a lot of people here, but she left. WALKER: Okay. Um, hmm. You know, I would never hurt my kids, their mother. I mean,
- 185. did she filefor divorce or? Yes. Okay. I mean, how did you feel about that? I was upset, I mean, but I mean, you know, we grew apart. I mean, I've been 000745 SMITH: So, I mean, I know Jack kept calling her a lot and Josh Emmons, they always talked to each other on MySpace. WALKER: SMITH: Okay. I don't know where my sidekicks went to. Did you see where that trooper and detective went? [??]: No, sir. I didn't. [Laughing.] WALKER: They probably went and got something to eat. SMITH: Actually, I want to go with him back to my room because he wants to know the clothes I was wearing last night. [??]: Okay. Well, we got PFC Hebner coming here right now. WALKER: Okay. Could he just stand by? [??]: Yeah, I can have him stand by. WALKER: [??]: Are WALKER: SMITH: WALKER: SMITH: WALKER: SMITH: WALKER: you transporting him? Oh, it's not here. It's not in the same building. No, it's on the other side of post. Okay. No, we can run all you all over there. You can come with me, you know, it's fine. We can follow you all on over there. I got to find where my guys are at. Okay. They left me hanging.
- 186. Okay. So, she didhave a MySpace account and she had a lot of people on there, so. [??]: Whatever comes up just let me know, okay. Just give me a call whenever you get going. When your mom gets in town and she needs to stay somewhere, give me a call, okay? SMITH: All right. 000746 [??]: I'm here for whatever you need. SMITH: Okay. Thank you. [Lots of talk about who was parked where and who was riding with whom.] [At barracks.] WALKER: SMITH: WALKER: SMITH: [Banging noises like they are in the laundry room.] SMITH: WALKER: [Inaudible.] SMITH: WALKER: SMITH: WALKER: SMITH: WALKER: [Inaudible.] WALKER: SMITH: WALKER: SMITH: WALKER: These ones are the jean I wear [inaudible]. Okay. So, you had those jeans on? These are the shoes. Do you want those? Okay. Do you mind if we hang on to---- They aren't my shoes. Huh? I wouldn't take them, they aren't my shoes. So this is---- So this is what you had on? Yeah, I had on my running shoes. You guys do a lot of off track running, cross country? I don't know [inaudible] but that's what I wore last night, so. So, I guess the shower room is--is like an open bay? I see the barracks look the same. [Inaudible.] So, I guess you washed them this morning? [Inaudible.] 000747 SMITH: WALKER: [Laughing.] SMITH: WALKER: SMITH: WALKER: SMITH: WALKER:
- 187. I also drovearound. I drove around. I was thinking about stuff and I couldn't sleep because it was hot in here, so. SMITH: WALKER: SMITH: WALKER: Okay. Okay. I mean, that's a big timeline. So, what do you mean, 1 to 4---- Yeah. Roger. Okay. You guys are still living like the 1980's Army. At Fort Knox, they've got pretty nice barracks. You believe you got back home at 02. Well, "back" what do you mean, sir? Back to the barracks. It was like 5:30, 6 o'clock. I mean, I didn't leave here until 1 o'clock. Oh, so you got back here at 6 o'clock? Roger. I was only gone for four hours. Well, that's a--so, you went---- WALKER: SMITH: WALKER: SMITH: [??]: Um, I'm going to go grab something out of my car real quick. WALKER: I mean, that's a---- Okay. I mean, [inaudible] and it's help in here to sleep. Are you sure there isn't something you want to tell us? I'm positive, sir. That's all I did. I stayed around here. [??]: I'll be right back. WALKER: Okay. [??]: If you don't mind sticking around for just a second. 000748 SMITH: WALKER: SMITH: WALKER: SMITH: rather--I called Brad on Friday about whether I wanted to contested it or not and he called me back this morning---- WALKER: Hm, hmm.
- 188. SMITH: ----and headvised me that it probably wouldn't be a good idea because, you know, she'd probably win no matter what any way, so. WALKER: Okay. SMITH: I'm still trying to, you know, pay--pay the lawyer and I still got to pay her $800 for the Discover Card bill and I got to make payments on the bill---- WALKER: SMITH: WALKER: SMITH: WALKER: SMITH: WALKER: -- SMITH: WALKER: SMITH: WALKER: Right. ----and all that stuff. [Inaudible.] You can't expect me to--you know,---- Right. ----it takes me about 3 hours to get to Louisville. I mean, you've been to the car lots. I mean, what else did you do when you were-- Just driving around. I just drove around. What time did you gas up? 5, 5:30. 5 in the morning? Now, did you gas up on post? ----or 1 to 5:30? It's like 4 hours--[inaudible] hours. Right. I mean, but you got work in the morning, I mean. I just--I've got so much on my mind---- Right. I mean the divorce was going to be final on Friday and I was contesting. I was 000749 SMITH: station. WALKER:
- 189. SMITH: WALKER: SMITH: came back, WALKER: SMITH: WALKER: SMITH: WALKER: SMITH: WALKER: SMITH: WALKER: SMITH: WALKER: SMITH: WALKER: SMITH: WALKER: SMITH:was almost WALKER: No, off post at a--the one right there at the--not the [inaudible] but the Pilot Where? The Pilot station. In Hoptown or? No, in Oak Grove. That's when I was coming back from--on Saturday, when I I bought that. This was on Saturday? What's that? This was on Saturday? Roger, I'm pretty sure yeah, it's on--that is the date on it. Okay, date. So, it was--yeah, the 8th was Saturday. Yeah, because the 9th was Sunday. Okay. What was this $3.51 for, okay, I'm sorry, sweet tea and pretzels,
- 190. okay. This onewas on the 1st--the 1st. Did you use your U.S. Bank card? Yeah. I can pull it up on line if you want me to? Huh? Icanpullituponlineifyouwantmeto. Okay. This what you used to gas up this morning? That's what I used to gas up yesterday. Of course, I was driving around, because I empty. So you gassed up at 5 o'clock in the afternoon or 5 o'clock this morning? on 000750 SMITH: WALKER: SMITH: WALKER: SMITH: WALKER: SMITH: WALKER: SMITH: WALKER: SMITH: WALKER: SMITH: WALKER: SMITH: don't remember what time it was, to be honest with you. [Inaudible] what time it is. I gassed up before I was driving around, so. So, you gassed up before you was driving around? Yeah. So, what time was that? 1330, maybe. I thought you was--I thought you was on duty at 1330. No, I was off. Oh, okay. I just came in--I came here at 1 and then I left to go fill up from there. So? I filled up before I started driving around, not after. So it wasn't 1330, it was 1 o'clock? Yeah, 1 o'clock. Okay. Okay. But I thought you said you gassed up at 5 o'clock in the morning. I can't remember when I filled up. It was either in the morning
- 191. or early morning,I WALKER: SMITH: WALKER: SMITH: WALKER: SMITH: [??]: Who did you work with on the swing shift today? But on this it will show? Right. Okay. I mean, were you tired today at work or? A little bit. I mean, do you normally go out and drive around for that length of time? No, that's the first time I've ever done it in a long time. 000751 SMITH: Ah---- [??]: Who was your partner? SMITH: [Inaudible.] WALKER: SMITH: WALKER: SMITH: WALKER: SMITH: WALKER: [Cell phone went off.] [??]: Go back to that? Aulden, sir, last night and today. Today is the 11th. This is at 3:51, that was for the drinks. Okay. Is this the only credit card you have? Roger. Okay. How much did you have to gas up, a full tank of gas? I may have put in 30 something. Okay. SMITH:
- 192. WALKER: [??]: No, SMITH: WALKER: SMITH: WALKER: SMITH: WALKER: [??]: The10th was Monday. WALKER: Yeah. Everything is Clarksville. This is my bill for getting the [inaudible]. Basically, it's not showing anything for today's date? sir, not today 9/11. This is the Hardees in Radcliff on the 10th. Okay. Because that was a---- Subway up in Louisville. Now, the 10th, which was Monday, right. Roger. No. Yeah. 000752 [??]: Today is the 11th. WALKER: SMITH: WALKER: SMITH: WALKER: SMITH: WALKER: SMITH: WALKER: SMITH: WALKER: SMITH: Yeah. I had this all on Saturday. This was all on Saturday.
- 193. I thought thelast. Okay. It's just showing the posted date? Right. This is just showing---- So you weren't up there Monday? No. Okay. I was at work here, sir. Okay. I have not--I have not been up there since Saturday. Now, what's this purchase with PIN? This is---- [??]: Go back on that one that you had before, that's the one that said, "Colonial Height," whatever? SMITH: Colonial Heights, this one. [??]: That track right---- [Cell phone went off.] SMITH: [Inaudible.] WALKER: [Answered phone and walked out of the barracks room into what sounds like the laundry room, and then returned to the barracks room.] WALKER: Sorry about that. Once he gets back up here, if you don't mind, could we go back out and take a look at your vehicle? SMITH: Okay. WALKER: Huh? 000753 SMITH: WALKER: SMITH: WALKER: SMITH: WALKER: Okay. Okay, okay. Now, the 11th, that was--can you pull that up? I can pull that up. Okay. But basically it comes back to---- All's it is is---- ----the Pilot station? WALKER: SMITH: WALKER: Now, you had to pay somebody to mow the---- Well, I haven't paid him yet because I mean,---- Okay. No, this was--I pulled out cash from the ATM, because I bought
- 194. some stuff. I SMITH: boughthot chocolate, some drinks and stuff like that, and then I got cash. I got $50 in cash, too. WALKER: SMITH: WALKER: SMITH: WALKER: SMITH: to central, so I WALKER: SMITH: WALKER: SMITH: WALKER: Is this at the same location where you got---- No, this here was at AAFES PX. Was that this afternoon? No, that was yesterday. So that way I'd have money for---- Okay. Do you know what time that was? Right after I got off shift, because I went from getting off shift right over to--over stopped at the Shoppette. So this was like early in the morning? Roger. I was---- And it was $83? What's that? $83? Roger. It was $30, because I had to have it to pay the--to pay a guy that was SMITH: going to mow the grass so, $30, $40. 000754 SMITH: ----I haven't, because of the swing shift and he works during the day, so I haven't been able to pay him. WALKER: SMITH: WALKER: SMITH: WALKER: SMITH: WALKER: SMITH: WALKER: you got off SMITH: WALKER:
- 195. know about theATM machine and stuff like that, so it's very important that you don't leave no information out, so. SMITH: WALKER: SMITH: WALKER: SMITH: When I got off work I---- What time was that? Like, 2230/2245. Okay. And you logged your weapon in? Ah, hah. I think you are talking about the person at your old house? Roger, he lives right across the road from me. Okay. So---- Now, was this a house or apartment? It was a house. It was a house. Okay. $30 or $40. Okay. So, let's back up a little bit because I know earlier when we had talked, from work. What did you do once you got off from work? I---- WALKER: logged in your weapon? I mean, it's very important that you don't leave anything out, because I didn't Okay. So there will be a record of that. Okay. And what did you do after you SMITH: After that I went out to the car. I sat and talked outside to the guys for a little bit and then I went to the Shoppette. I bought some hot chocolate for Lindsey and for Michelle, and then I bought me some Mountain Dews and Red Bulls and got cash. 000755 WALKER: to Lindsey? SMITH: WALKER:
- 196. SMITH: that's when WALKER: SMITH: WALKER: SMITH: WALKER: SMITH: WALKER: SMITH: WALKER: SMITH: WALKER: SMITH:transaction WALKER: SMITH: WALKER: SMITH: WALKER: Okay. So, you came back. From the ATM withdrawal, you came back and talked Right. I came back to Lindsey and Michelle and talked to them. Okay. And then I rode around with Michelle and that's where we were still talking, and I came back to the room and-- What time was that, approximately? Like I said, you don't have to be exact. 01, 0130. Okay. Because---- Now, you didn't gas up yet? No. Okay. And then from there---- Now, why would you gas up at that time of night? Where? Why would you? I always go there to fill up my car off post, because it actually takes my out right then and there. I mean--I mean, at that time of night, wouldn't be easier to just- --- Get it in the morning? Usually, my day's schedule, when I get up----
- 197. Were you onempty? Yeah, I was on empty because I was--the van only gets about 300 miles a tank. Okay. 000756 SMITH: I mean, I can--I can barely make it back; just there and back, I can barely make it, there and back in one trip. WALKER: SMITH: there too. WALKER: SMITH: the way to---- WALKER: SMITH: WALKER: SMITH: WALKER: SMITH: WALKER: SMITH: WALKER: SMITH: WALKER: SMITH: WALKER: SMITH: WALKER: Okay. And then if I go up to Louisville and drive around I have to, you know, put gas up Okay. So you gas up at 1, how far did you drive? How many miles between 1? I don't know. From--it takes about 30 to 40 minutes to get from the end there all So your gas still should be close to full? It's probably about a half tank right now. Okay. So you can go back and look at it. Okay. So. Okay. So you gassed up at 1. Now, where did you go after that, after you---- After that I went to--up to Wyatt-Johnson. Okay. I went up to there, and then I came back---- Now, what's Wyatt-Johnson? Wyatt-Johnson is a dealership in Clarksville, because you have to go up---- Okay. Okay. ----all the way up on I-24, Exit 4, and make a right. Okay. Now, this dealership, did you drive onto the lot? No, I just--I pulled off to the side road. I parked right there on the road, because
- 198. SMITH: it's not reallylike a road, it's like an alley way type road. 000757 WALKER: Okay. SMITH: I parked; I walked along the truck side, because here is the--here is the store, the trucks are along here and the ones that I was looking at were right here. WALKER: SMITH: WALKER: SMITH: WALKER: SMITH: WALKER: SMITH: WALKER: SMITH: the price and I WALKER: SMITH: WALKER: SMITH: WALKER: SMITH: WALKER: SMITH: mean. WALKER: SMITH: Okay. And the road was right next to it. Okay. Did you--you said you didn't get out or did you? I got out on this one. Okay. And then I got out on Patriot. Okay. What types of vehicles were you looking at? It was a 1500, a GMC extended cab. Okay.
- 199. It was acobalt blue, I was looking at, it's an extended cab, 4- wheel drive. I seen turned around and walked away. Okay. How much was it? 33. Okay. Then you go from---- There. ----Wyatt-Johnson to Hoptown? Right. Okay. And what did you do at Hoptown? I drove around out there for a--looking at vehicles and I just drove around, I Okay. Okay. So how long were you at Hoptown as far as the dealerships? I'd say about 45 minutes. 000758 WALKER: Okay. Did you go on the lot? SMITH: I walked in--the front of the lots was the trucks and I walked across the street to the Toyota dealership. I just walked up on the lot and just looked at the FK7 or whatever. WALKER: Okay. SMITH: The new one, because I'd never looked inside of one. I looked at it and I mean, I just looked it over and I left. WALKER: SMITH: WALKER: SMITH: WALKER: Okay. And what time was that? 2 something, maybe. Okay. I mean. So you left around 2? WALKER: SMITH: WALKER: Okay. Now, where did you park at? Over here, across the street. Okay. Yeah, I mean, I came back here to--over there and I just sat there and drank my SMITH: drinks and you know, I was tired. I had to wash my pants because I fell in the damn--I was trying to jump the ditch SMITH: and it was full of water and I didn't make it. WALKER: SMITH: WALKER: SMITH: WALKER: SMITH:
- 200. WALKER: Okay. That's why myshoes are all wet. Now, what ditch did you try to jump? The one--the one right across the street over here. Okay. It was full of water this morning. Okay. 000759 SMITH: WALKER: SMITH: WALKER: SMITH: WALKER: SMITH: WALKER: SMITH: WALKER: SMITH: WALKER: SMITH: WALKER: SMITH: so. WALKER: SMITH: WALKER: SMITH: WALKER: SMITH: WALKER: SMITH: And instead of being smart and walking around the ditch, I tried to jump it. Okay. Because I was trying to jump it. I just left---- So basically after you left Hoptown, you was back on post within---- I was probably back on post by 2:30/3 o'clock. Okay. And which gate did you go through? Gate 3. Gate 3. Okay. Did you go out Gate 3? Yeah, that's the one gate I go in and out. It's the one that's open. So you was--you was on post around 3? Roger.
- 201. And you satout in the parking lot. Did you talk to anybody? I talked to myself and you know---- Did you make any phone calls? No, I thought about calling Michelle, but she probably would have been asleep, Okay. I was trying to rest there, because I can't sleep when it's hot. Okay. And I came back in the barracks probably around 5:30/ 6 o'clock. Was your engine running or did you have it off? It was on. It was on. I had the AC running. 000760 WALKER: SMITH: WALKER: SMITH: WALKER: SMITH: WALKER: SMITH: WALKER: SMITH: WALKER: Okay. Okay. I don't know where in the heck Mark went. So, you came back in, you hit the barracks around 5? Around, I'd say about 5:30. Okay. And you got the top bunk or? That's my top bunch. Okay. And what time did you get up? I got up at 8:30. Okay. When you came in, your roommate was asleep? Roger. Did he wake up or? That was when I came in the first time at the 01, when I told you I came in---- Ah, hah. ----he was sleeping then. This time he was gone. He always leaves at like 5:45, SMITH: 5:30/5:45 time range to go out and smoke, so. WALKER: SMITH:
- 202. WALKER: SMITH: WALKER: up? SMITH: WALKER:SMITH: WALKER: Okay. So the first time you came in, he was here, he was asleep? Right, and then when I came in again, he wasn't there. Okay. Because he's always out there by 5:30/5:45 smoking a cigarette. Okay. But I mean, I guess after he got done smoking, he would have came back He hangs out there for formation. From 5:30 to 9:00? No, because he has to be at the 0630 formation. Oh, okay. I got you. 000761 SMITH: WALKER: SMITH: WALKER: SMITH: WALKER: SMITH: WALKER: SMITH: WALKER: SMITH: WALKER: SMITH: WALKER: 8 o'clock in SMITH: WALKER: SMITH: WALKER: SMITH: WALKER: know him. SMITH: So, he has---- So he has a---- ----a different schedule than I do. Okay. He doesn't work the road. Do you want to look at this or? No. That's basically the money that----
- 203. From the debit. Thedebit, and it was $83---- .95. And that ATM machine, is that outdoors or? No, it's indoors. I used the debit machine on the inside. Hm, hmm. And they just give me the cash back. Okay. So it was outside? It has been a long day. I mean, it's--I started my day at the morning and usually I get off at 6; work 4 10's and----- Are you done with this, sir? Ah, yes. You already got the numbers down? Ah, yes. And so---- Do you want my account number? Do you know him? Michael Dennis, post to Madison--do you know the Madisonville Post, I don't That's my account number. 000762 WALKER: SMITH: WALKER: SMITH: WALKER: mean---- SMITH: WALKER: got to go out and interview her boyfriends and stuff like that, whoever they may be, but basically, I mean, we've got to eliminate everybody that she knows. SMITH: WALKER: SMITH: WALKER: SMITH: WALKER:
- 204. SMITH: how it works. WALKER: SMITH:subjects. WALKER: SMITH: Right. I understand that. I mean, I'll do whatever you want me to do, I mean. Okay. I mean, to--I guess, to prove my innocence, I guess, I'll do whatever. Okay. Well, I---- [Inaudible.] ----I appreciate your cooperation. I mean, I'm sure, you know, I'm considered a subject right now because I know I mean,---- Um, hmm. ----husbands, ex-husbands, whatever are all considered, you know, possible Right. So, I mean---- WALKER: SMITH: CSI. Okay. There you go. I mean, I'll do anything you guys want me to do, I mean. Okay. Would you take a polygraph test? [Inaudible.] I mean, I don't want to--I mean, basically you watch TV and you understand it, I Right. I mean, you guys were going through hard times and stuff and like I said, we've And you know the percentage, I mean, a lot of times, I mean-- well, I mean, you know, you watch TV just like I do. 000763 WALKER: SMITH: WALKER: SMITH: WALKER: SMITH: WALKER: SMITH: WALKER: SMITH: WALKER: to that information, so.
- 205. SMITH: WALKER: SMITH:WALKER: SMITH: Did they touch my kids at all? Huh? Did they touch my kids at all? No, they are okay. Were they harmed or are they safe or? WALKER: and you now brought that up. SMITH: WALKER: Well, I mean, I just--I actually wanted---- I mean, I'm a parent, too, and stuff and---- Well, I'm talking about real TV. Yeah. I mean, like the news [laughing]. Yeah, I ah--you can take this if you want to. It's the only good jeans I got, really. Okay. So. Yeah, I don't know where---- Did you talk to the kids at all? Huh? I mean, did the kids say anything? Yeah, they--well, we've got some information from them, but we've got to hold on Yeah, yeah, one thing I mean, we've been hanging out for a couple of hours now SMITH: WALKER: Okay. I'm sorry, I didn't hear it and stuff. I mean, I actually asked if my kids were okay when you first came in and you said, okay. The other guy, I asked him. 000764 SMITH: No, I mean, I--I've--I've been told by my chaplain and the commander and the first sergeant that they are all fine, but-- -- WALKER: Okay. Okay. SMITH: ----I mean, I know they are fine if Curt's got them. It's just--you know, I told you, man, I asked you if they were okay and you said, yes. WALKER: SMITH: Right.
- 206. So. We're--like I said,we're--I mean, we're trying to talk to everybody, Curt and see, I mean. Apparently it looks like whoever the person was knows--knew the family, so I mean, that's--I mean, that's--I mean, that's pretty much what I can say. I mean, it could be--it could be a lot of people. There's---- Exactly, that's what I'm saying. I mean, so don't feel--don't feel that, I mean--I WALKER: SMITH: WALKER: mean---- WALKER: Right. SMITH: [Inaudible.] WALKER: SMITH: WALKER: SMITH: know. WALKER: SMITH: WALKER: SMITH: Right. When he came back this afternoon, I was like, really? Right. He could have a different schedule or he could be on leave or whatever, I don't Right, that is true. That's not my business, so. Yeah. We---- Are you going to take that? Are you going to take any of these shoes or? I mean, it's just kind of surprising to me that Curt came back this afternoon SMITH: because he's usually gone from fuckin Sunday to Friday, that's-- -- 000765 WALKER: Well, I'm going to take these and I don't know what happened to my colleague, but I tell you what, we'll go ahead and lock up and if he wants to look at something else----
- 207. SMITH: WALKER: SMITH:WALKER: SMITH: WALKER: SMITH: WALKER: SMITH: WALKER: SMITH: WALKER: SMITH: WALKER: SMITH: WALKER: SMITH: Do you need to take those too? Huh? Yeah, we can go ahead and carry them out---- Okay. ----and like I said, he---- I mean---- Do you have any shoes that you could--I don't want to take all of your shoes. Well, I got [pause]---- What uniform did you have on yesterday? This one. This one? Roger. Okay. Do you want me to take it off, too? Yeah, if you don't mind. Do you want the boots, too. They are the only boots I've got. Huh, no, not the boots. [Inaudible.] Now, am I going to get these back or what? Ah, yeah, yeah. I mean, like I said, basically what we could do is, basically it's elimination. I mean, everybody that had a relationship with-- with Tracy and WALKER: just process Karen we got to--I mean, it's---- of SMITH: All of the---- WALKER: ----so you are not---- 000766 SMITH: All of her dogs were all loveable except for Zoe. He is the only one that--he's the big, fat, white dog. WALKER: Um, hmm. SMITH: He's the only one. He's pretty calm, I mean, he's gotten a lot better than he was, I mean [inaudible].
- 208. Do you wantmy socks, too? Nah, nah. All right. This is a case like yesterday was. Oh okay. [Inaudible.] Okay. I had a case with him yesterday? What was that about? [Inaudible.] Do you want me to keep the patches on there or no? WALKER: was thinking about it the other day. I pulled up and I was at the red light and like I said, being E- Town post, we are right down the street from Fort Knox and we see a lot of GI's, and a guy pulled up next to me and I looked over. I never thought about it, those uniforms have been out for a couple of years. I just realized that you can't roll up the sleeves. SMITH: Yeah, you can't roll up the sleeves. WALKER: So it's kind of like you are in the field 24/7, because you know back in garrison with the old BDUs, you could, in the summertime, you could have your sleeves rolled up. WALKER: SMITH: WALKER: SMITH: WALKER: SMITH: WALKER: SMITH: SMITH: WALKER: SMITH: WALKER: [Inaudible.] Yeah, my partner, he's a smoker, so I'd say he's still outside smoking. The shirt too? Nah, nah, that's fine. Ah, no, you can take the patches off. How do you like those new uniforms? I 000767 SMITH: [Inaudible.] WALKER: Yeah, we'll just go back outside and meet my buddies out there. [Background voices.] WALKER: SMITH: WALKER: SMITH: WALKER: SMITH: WALKER:
- 209. SMITH: WALKER: So this isall--how many MPs are in your company? A hundred and fifty something, I think. Wow, that's pretty big. [Inaudible] when we do our PT. Thanks. If Tracy were to have pawned that gun, where would she pawn it at? I have no idea, sir. I have no clue. I have no clue. I guess there's probably a lot of pawn shops around here? Yes. Oh, be careful. You okay? GILLINGHAM: Um, what are we doing now? WALKER: Well, I guess we're going to go back to the vehicle and just take some pictures of the vehicle, if that's okay with you? SMITH: That's fine. WALKER: And then after [coughing]--after that we'll be done. GILLINGHAM: I think we may need to talk just a few more minutes. WALKER: Okay, okay. GILLINGHAM: If you don't mind. It is---- WALKER: Okay. Sounds good. SMITH: So you want to look at the van? GILLINGHAM: So what I will probably just do is--oh, I need to go back here and talk to somebody real quick. Just five me like 2 or 3 more minutes and I'll be back out. 000768 WALKER: Okay. [??]: Where's the keys, Larry, I'll go with you. [??]: I'll just go with you Mark, if you don't care? GILLINGHAM: No, not at all. [??]: Mark, I'm just going to throw these in the trunk. WALKER: SMITH: WALKER: SMITH: So where are you--are you originally from Illinois? Yes, sir. Just set them right there. Do you want me to go with you?
- 210. SMITH: WALKER: SMITH: WALKER: SMITH: WALKER: SMITH: [??]: May Ihelp you, sir? WALKER: Huh? Yeah, we'll just go inside and hang out [inaudible.] It's kind of chilly out here WALKER: now. So are you planning on staying in for 20 or, because I got out. I had 7 when I got out. I don't know now. Yeah, we'll go over in the common area. Like, I said, now, I don't know. I've got to do what's best for my kids right now. I've got a son who's 9 and a daughter who is 16. [Inaudible.] Like my son had a football scrimmage this evening but. [Inaudible.] [??]: May I help you? WALKER: Oh, okay, we want to hang out here. We are going to go back. I'm Larry Walker. I'm with the state police up in E- Town. If you want, we can just come back here and we'll sit back here. [Background voices.] 000769 WALKER: Okay, okay. [Background voices.] [Interview with Colton Hebner is next on the CD roughly 14 min of audio.] 000770 Interview Continued: Sergeant Brent Smith; labeled 9-11-07, Case Number: 04-07- 0722 [??]: Hey, Brent.
- 211. WALKER: Do youmind if we go back up to the room for a few minutes? [Inaudible or nonverbal response given.] WALKER: Okay. [Pause.] Thanks. There's no weapons in the room, correct? [Inaudible or nonverbal response given.] WALKER: Okay. Okay. Do you mind if we look around? SMITH: Go ahead. [??]: Sergeant Smith, which is your bunk, top bunk? SMITH: WALKER: SMITH: WALKER: SMITH: WALKER: SMITH: WALKER: SMITH: WALKER: SMITH: WALKER: Yes, sir. Is this the hat that you had on last night? No, sir. Huh? No, sir. I don't wear hats, sir. [Remainder is inaudible.] Did you wash a hat? Sir? Did you wash a hat this morning? [Inaudible or nonverbal response given.] No. It was wet from the other day from when it was raining. Okay. Are you sure? 000771 SMITH: WALKER: SMITH: WALKER: SMITH: WALKER: [??]: Is that yours? WALKER: morning. SMITH: WALKER: SMITH: WALKER: SMITH: WALKER:
- 212. SMITH: WALKER: SMITH: wash ahat. WALKER: SMITH: WALKER: SMITH: WALKER: SMITH: There's some things we need to talk about, okay? You wash your hat in the I washed it off because it had mud on it. Okay. Because it was in the water. Is that the hat? Yes, and I washed it to at least scrub off all the mud because I had stepped on it. You stepped on it? It was in my car. Okay. So, you just told me you didn't wash your hat? Well, I mean, if you wash it, you put it in the washing machine, sir. That's how I I just scrubbed all of the mud off of it, that was it. Okay. So, when you came in you said Hebner was in the room, correct? The first time, yes, sir. Okay. And what time was that? 01, [inaudible.] Okay. And the second time you came in? He wasn't here. [Inaudible.] Well, your roommate said you did. I scrubbed it out. I didn't wash it. I mean--- Go ahead and sit down. ----because I had---- Go ahead and sit down. 000772 WALKER: SMITH: WALKER: SMITH: [inaudible.] WALKER: SMITH: WALKER: SMITH:
- 213. took a shower. Okay.And what time did you get in? About 0530, 06. 0530? To06 [inaudible] and then I hopped in bed and then he came in after formation Okay. And when did you see him later on in the day as far as---- Who Hebner? Yes. I seen him--I ____ him at 8:30 because that's when I got out of bed and went and Is there any ammo in your vehicle? [Inaudible or nonverbal response given.] Okay. Did you have any ammo in your vehicle? Have I had ammo in my vehicle? Yes. Yes. Yeah, that was a long time ago. Okay. If you want to go through my car, go ahead. Okay. WALKER: SMITH: WALKER: SMITH: WALKER: SMITH: WALKER: SMITH: WALKER: [??]: Sergeant Smith, what kind of ammo did you have, sir? SMITH: I had--it was ____ the Teflon rounds, the law enforcement rounds. [??]: Okay. And what size were--what kind of gun? SMITH: It was a---- [??]: I mean, what did it fit? What kind of-- SMITH: It was an M9. It was an M9. 000773
- 214. [??]: Okay. ODHAM: SMITH: allwhen I was ODHAM: SMITH: ODHAM: SMITH: WALKER: SMITH: WALKER: SMITH: WALKER: SMITH: WALKER: SMITH: WALKER: SMITH: WALKER: SMITH: WALKER: SMITH: WALKER: SMITH: Did you--I'm sorry. I am Trooper Odham. How are you doing? I bought those when I went home on leave and I shot them back home. Okay. Back home where? In Illinois. Okay. I let my brother shoot and my shot it too. Where did you buy--where did you buy at, the ammo? At the gun store down here at--- So you didn't buy it in Illinois? I still didn't have my---- So you bought it---- [Inaudible.] So you bought it here in Oak Grove? Oak Grove, back in July. July. Yes, sir. Did you pay cash? I don't even remember. Okay. I bought something like 15 or 20, or something like that. Okay. Tell me about your patrol duties last night? We had a ________ case last night. 000774 WALKER: SMITH: WALKER: SMITH: WALKER: SMITH: WALKER: SMITH:
- 215. WALKER: SMITH: WALKER: deer? SMITH: WALKER: SMITH: WALKER: SMITH: season. Okay.Who was your patrol partner? Aulden. Okay. Did there come a point where you guys came upon some deer? Say what now? Some deer? Some deer? Yeah. I really don't know---- As far as driving down the road, see some bucks out in the woods. I mean, we always go out there and drive around and see bucks. Okay. Did Aulden make any comments to you, what he would like to do to the He said, he can't wait until it's deer season. Okay. [Inaudible] because we talk constantly. Okay. Did he say that he would like to shoot the deer? Once it comes in season, obviously, because we were speaking about buck Did he say he wished he had some spare ammo? I know, I'm prior military so I WALKER: know how the military is on bullets---- SMITH: WALKER: He did ask if I had some extra ammo and I told him that I thought I had some, but I didn't. I opened my drawer and it wasn't there and I told him that I took it out of the car
- 216. [inaudible.] SMITH: He---- ----and stuff andthey actually count the bullets. 000775 So you opened your drawer. So basically when you was in the car---- No, this was just the drawer on my van. It's where I kept the rounds at. Okay. Well, let's back up for a minute. You guys are out on patrol. Right. You tell Aulden -- what's his last name? Aulden is his last name. Okay, Aulden. You tell Aulden -- is he a specialist or? E3. E3. You tell Private Aulden that I've got some spare ammo in my van? Right. Okay. You guys go back to the van? No, we didn't go back to the van. Okay. Well, when did you open the glove box? After, after BTD, that's when I was like, well, I guess I ain't got them, so. So he was with you? No, he was not with me. So you---- I was---- ----said, you told him, I don't got it. I was checking myself. So you told yourself that I don't have it? Well, I looked and I thought that I had it, but I didn't. It was only a little box of WALKER: I mean, you can see how this is starting to look---- WALKER: SMITH: WALKER: SMITH: WALKER:
- 217. SMITH: WALKER: SMITH: WALKER: SMITH: WALKER: SMITH: WALKER: SMITH: WALKER: SMITH: WALKER: SMITH: WALKER: SMITH: WALKER: SMITH: like 15 or20 rounds or whatever. 000776 [Inaudible.] SMITH: WALKER: SMITH: WALKER: van? SMITH: WALKER: SMITH: Well, yesterday, Sunday, Sunday is when I went back to work. So this---- Has been two days ago. ----two days ago. Okay. So Aulden wasn't with you when you went back to the No, he was not with me [inaudible]. Okay. But I mean, you see how this looks though? Absolutely. [??]: When you [inaudible] Sergeant Smith, this is how your hat got dirty?
- 218. SMITH: Yes, sir.No, it had mud on it because I had stepped on it. I always keep my hat right here in the center---- [??]: Okay. SMITH: ----on my console and I stepped on it somehow. I don't know how I---- [??]: Do you remember what shoes you were wearing when you stepped on it? SMITH: The ones, the blue ones out there. [??]: That you gave the detective? WALKER: [Inaudible.] [??]: Did you feel like you had mud on them? SMITH: On what? [??]: On your shoes, that got on the hat, maybe? SMITH: WALKER: SMITH: WALKER: Roger, [inaudible] it was the mud on the back of the hat. So you didn't put it inside the washer? No, I just took it to the sink and I scrubbed all of the mud off of the hat. Okay. What did you use to brush it off? 000777 SMITH: scrubbed it WALKER: SMITH: them. WALKER: didn't wash SMITH: WALKER: SMITH: WALKER: SMITH: [??]: Sure. SMITH: [Inaudible.] SMITH: down and rinsed it off; that's all it was. This was the only thing I put [inaudible] this back right here. [??]: Sarge, can I see [inaudible], please [??]: And you don't wear it, you said you just collect them? SMITH: actually---- WALKER: SMITH: WALKER: SMITH: I just collect them. I mean, I put them on every once in a while but I don't Did we collect the hat, too? You can take the hat if you want, sir. Okay.
- 219. That's the onlyone I got for that one. Spray and Wash, because it was only like a little, maybe a spot like that, and I off completely. Okay. Because I don't like getting hats dirty. I don't like to wear them. I just collect Okay. Why did you--I mean, why did you just lie to me and tell me that you your hat? I didn't wash it. I scrubbed it off. Now, you know what I meant. Okay, I washed it. I scrubbed it off. Like I said, if you don't want to help me, I can't help you. I mean, do you want me to show you exactly what I did? I mean---- I took the hat and I went there, I got the scrub brush---- ----the dirt was right here, [inaudible] right here, about that long, and I scrubbed it 000778 WALKER: Now is there anything else we need to know? Because like I said, we--I mean, additional stuff pops up, I mean, maybe it doesn't make you look very---- [??]: Sergeant, it doesn't help your story. It's just not that good right now, okay. This is a terrible, terrible time. WALKER: Right. [??]: It's very important that you tell us the truth the best that you can remember and you don't need to--to say things you think we want to hear. You don't want to say things that other people said. You just need to tell us the things that you remember, the best you can, as honestly as you can, and you haven't done that yet. SMITH: Okay. WALKER: I mean, I just [inaudible] you are under a lot of stress, even--I mean, of course, I mean, finding out your wife was shot and killed, but even before then, you was under a lot of stress, correct? SMITH: [Inaudible or nonverbal response given.] WALKER:
- 220. People do things---- [??]:I mean---- WALKER: SMITH: Okay. People do things that they don't mean to do. Sometimes it's kind of like a snowball effect, once it starts out small and then---- SMITH: It just gets bigger and bigger. WALKER: ----it gets bigger and bigger. You know what I'm saying? SMITH: I know what you are saying. [??]: But, as men, it's never bigger than we are. WALKER: We talked to your kids, okay, and they told us some stuff. WALKER: ----you've never been in trouble before, right? [Inaudible or nonverbal response given.] 000779 [??]: That kids shouldn' t have to know. It's a terrible tragedy of trauma that they don't need to be a participant in and have to witness, right? SMITH: Roger, that's why I want to see my kids, but you guys won't let me leave. WALKER: Okay. And so I think you really need to think about what happened as far as what happened up in E-Town. SMITH: What do you mean, on Saturday? WALKER: No, I'm talking about---- [??]: Last night. WALKER: SMITH: WALKER: SMITH: WALKER: ----last night. I wasn't even up there. Or this morning. I wasn't even up there. So, I mean, you're sitting out in the parking lot for hours and hours. [??]: Sarge, you've just got a lot to think about, you've got a lot to talk about, a lot of things we've got to work through, and I can assure you, no matter how long it takes, we will get to the
- 221. bottom and wewill get to the truth, and I know that's what you want. The truth we can help with. SMITH: I didn't do it. I wouldn't---- [??]: We are all human beings and we each make mistakes. SMITH: I didn't do it. I didn't even go up to Fort Knox on--or to Rineyville, I didn't go up there. The last time I was there was on Saturday. WALKER: Put yourself in my shoes, okay. Like you said before, I mean, you said you watch TV and you see stuff on TV, you see the news reports out. How women are--they turn up missing and you see the end results a lot of time. What's the end results? SMITH: If they do the crime, you always get caught. WALKER: No, no, no, no, who--a lot of times the person who committed the crime---- 000780 SMITH: Is usually a relative or a person they know. WALKER: Okay. And that's what we talked about before. And the reason why we came down here, because you are the husband, which that's, if you was to put yourself in my shoes, you----- [??]: [Inaudible.] WALKER: ----would have to do the same thing, come and make contact with me. Now, when we made contact with you, your story is that, you got off from work, you went and drove 30 miles to look at some vehicles, then you came back to post and you sat out in the parking lot for a couple of hours, and then you came up and went to bed. I mean, that's---- SMITH: WALKER: SMITH: WALKER: SMITH: WALKER: you gassed SMITH: WALKER: SMITH: Well, don't forget about taking to Michelle and Lindsey, too.
- 222. Right, right, youtalked to them before you went to the car lot, correct? Right, right. I mean, that's what we've got. That's the only thing we've got to work with. I mean, I'll give you the numbers if you want to call and talk to them. No, I believe that. I believe that. But that was around 1 o'clock. That was before up, correct? [Inaudible or nonverbal response given.] You gassed up at what time, 1? 1:30 or so. WALKER: hours that's mean, did you talk to anybody else? Did you talk to anybody at 3 o'clock? 1:30, okay. So you gassed up at 1:30. So between 1:30 to 6 o'clock, we've got 5 unaccounted for, other than just going on your word what you are telling me. I SMITH: [Inaudible or nonverbal response given.] 000781 WALKER: Is there--can we go out and go to the gas station and pull video tapes that you was at a gas station at 3 o'clock or at 4 o'clock or anything like that to---- SMITH: WALKER: SMITH: WALKER: SMITH: WALKER: the exact times on the credit card information. Well, let's say it's 1:30. So you gassed up at 1:30 and between 1:30 and 5:30 you said you came back to the Pilot station--which I think you told me the first time you gassed up at 5:30. So, when you came--when you stopped back at the Pilot station, you didn't gas up again, twice? SMITH: No, I didn't [inaudible.] WALKER: Okay. Are you sure---- [??]: And I don't mean to interrupt, Sergeant, but when you say gas up, did you fill up or just how much did you put in? Do you
- 223. remember? SMITH: The first timeI filled up--I mean, that time I filled up, I---- Well, you said the first time. So when---- Okay. Then why did you just say "first time?" Because---- Do you mean the first time you went to the Pilot or first time? The first time I went to the Pilot---- Okay. ----I got gas. The second time, I went and got a drink. I bought a Mountain Dew---- ----to verify your story? I bought some--I bought a Mountain Dew at the gas station--the Pilot, again. Okay. What time was that? 5:30, 5/5:30. Okay. So between 1:30--from the time you gassed up at 1:30-- well, we will get SMITH: WALKER: Not the first time. When I did it, it was right after I got done seeing Michelle and Lindsey, I went and I filled up. That was the only time that I filled up. WALKER: SMITH: WALKER: SMITH: WALKER: SMITH: 000782 WALKER: Okay. [??]: The same Pilot? SMITH: Yes. WALKER: Well, let me ask you this, okay. You are on Fort Campbell around 3 o'clock, so you are going back off post again to get something to drink? SMITH: I just like going out there, I mean. WALKER: But you got to help me. I can't help you if you don't help me. [??]: Sarge, this ain't looking good at all. It ain't looking good. WALKER: SMITH: Like I said, I'm prior military. Okay, I was stationed at Fort Knox. I'm--if I'm on Fort Knox, I'm going--not going to drive to
- 224. Radcliff to getme something to drink. You know, I'm sure---- [??]: As much as gas is. How much does gas cost off post? SMITH: It's cheaper off post than it is on. WALKER: So you're saying that you gassed up at 1:30, drove to the car lots in Clarksville, you go to the car lot in Hoptown, you come onto post, you go to sleep in the parking lot, then you wake up and you go down to the Pilot station again to buy what type of soft drink? SMITH: Mountain Dew [inaudible.] WALKER: Okay. Okay. So, I mean, I just---- [??]: We just got a lot to work on. There's a lot to find out, and a long ways to do it. Was there people at that time of the morning, Sarge, did you see people along the street, people that you knew or did you stop and talk to anybody? SMITH: No. [??]: Did you see any police out in Hoptown or anywhere? SMITH: I seen Oak Grove. WALKER: There's gas stations, probably 24-hour stores here on Fort Campbell. There's 24-hour shoppettes. 000783 [??]: Oak Grove cop? SMITH: [Inaudible or nonverbal response.] [??]: Did he talk to you or anything? SMITH: I didn't know who he was. [??]: I mean, you didn't get pulled over, stopped, or anything, because you guys probably have a pretty good working relationship with those guys, probably, don't you? Do you know some of them? SMITH: [??]: Okay. SMITH: WALKER: lot, you are SMITH: WALKER:
- 225. SMITH: WALKER: SMITH: WALKER: out front? SMITH: WALKER:coming and SMITH: come in. The only one I know is EK and [inaudible.] That's all I know. Okay. So when you was sitting out in the parking lot, when you say the parking sitting out in this parking lot? Roger, the big parking lot on post, sir. Where you came from, the MP Station or? No, the one here. Okay. [Inaudible.] Did any vehicles come in? Anybody who could verify that you was sitting out-- [Inaudible or nonverbal response.] I mean, at that time of day, I'd say there probably wasn't a whole lot of traffic going. I mean, usually everybody is in bed. I seen the first sergeant come in and that was at 05, 05 is [inaudible]. I seen him [??]: Who? SMITH: The first sergeant. 000784 [??]: The first sergeant comes in at 05? SMITH: 05 [inaudible.] [??]: Did the first sergeant see you? SMITH: I was sitting out in the parking lot and he just drove right on in. WALKER: Okay. Well--okay, he came in at 05 so you're between 05--so after 05, that's when you went to the Pilot station, but you got to work with me. I mean, it's not--it's not adding up. [??]: Sarge, which one--which locker is yours, sir. SMITH: This
- 226. one. [??]: The firstone? SMITH: Yes. Only half of it is mine. [??]: Okay. Which half is yours? The right half, sir? SMITH: The top half. [??]: Okay. [Pause.] [??]: And you are saying that's [inaudible.] SMITH: This right here is mine. This is not mine. [Inaudible.] WALKER: Get his hat and get it in a bag. [??]: This is--do you guys share this refrigerator? SMITH: Roger. [??]: Have you bought anything to put in here lately, even to share or---- [Inaudible.] [??]: That's what you bought? SMITH: Yep. 000785 [??]: Did you have any other sodas or anything before you bought it? SMITH: Just a regular Mountain Dew, just one of the 20 ounce ones. WALKER: But you can see how it looks, some people could say, well, you gassed up at 1:30- --- [??]: Why didn't you just---- WALKER: ----you went out of town. I mean, you got back into town. I believe you was at the Pilot station at 5:30, but some people may say you gassed up at 1:30, went to Hardin County, and then came back, and when you came back in you stopped to get something to drink and you came back to the barracks. That's how--I mean, that's how some people could see it that way. I mean, I believe you was at the Pilot twice. The bad thing about it is that, for you to say that you was in the parking lot at 05 and shortly after 05 you drive back off post to get a Mountain Dew, I mean, you can see how that looks. Like, I said, I mean, it's--I mean, it is what it is. Okay. But like I said, I can't help you if you don't help me. People do stuff
- 227. because they areunder a lot of stress. Okay. We're--we're all-- we've all done stuff that we're not proud of doing. [??]: Sometimes if we have anger issues, this multiplies it and it gets way out of hand and it's not the first time it's ever happened, unfortunately. And as men, we can deal with that, with the truth. Now you are involved in an organization that believes in the truth, who lives for the truth, we die for the truth, and that's we need to hear today, tonight, sir. Am I correct? SMITH: Yes, sir. [??]: And that's what you want us to seek is the truth? And I can tell you, we will, right, Sergeant? WALKER: You have a big whale on your chest right now, I can tell. [??]: The truth, Sergeant, and you know there's men dying there every day for it, every day, for the simple truth. SMITH: I didn't go to Hardin County, I can tell you that right now, because when I go up there all the way, it takes me a little over 3 hours. WALKER: We just came down. We know exactly--we know how you could get---- 000786 SMITH: WALKER: SMITH: WALKER: 70 miles an hour all the way. Huh? 70---- We, we know. [??]: If I was scared, excited, I wouldn't be driving 70 miles an hour, Sergeant. That's not going to fly. WALKER: It's---- [??]: The truth, Sergeant, come on, the truth. Tell us. SMITH: I was no in Hardin County, sir. [??]: Okay. That's the truth?
- 228. SMITH: That's thetruth. I was not in Hardin County. [??]: Okay. So if we find one video camera, one tape, someplace where it puts you in Hardin County, what's that going to be, a lie? SMITH: Roger. [??]: Okay. You know we are going to look and we are going to look hard, because this is not the kind of thing that happens in our community every day, you know that. SMITH: No, sir. [??]: Thank God. Okay. And I pray for you that you get the strength to endure this [inaudible]. My heart goes out to you for the truth, with the truth. SMITH: I wasn't there. I--I was not there. Period. [??]: So, do you have any idea who would do this, Sergeant? SMITH: No. I have no idea who would want to do this. [??]: Are you curious? Are you curious about that? WALKER: Obviously, somebody was upset. SMITH: Yes, yes, I am. 000787 WALKER: SMITH: Now you would agree that the person who did this was upset? Yes. I mean, I--usually people don't get shot for no reason. You've got to give somebody a reason to shoot them, I mean, right? [??]: At point blank, in front of small kids, that takes more than just your average duty shooting, your average deer hunter doesn't do that, right? SMITH: I don't know---- [??]: Not every man could do that. SMITH: And I would never put my kids in harm's way, never. WALKER: But the kids told us some stuff that does not look very good for you. Okay? [??]: And anger and not thinking rationally can make us do things that we wouldn't normally do. I mean, that's just a fact. And I trust you, Sarge, you would never put your kids in harm's way. Consciously, thinking clearly, you would never do that. I
- 229. can tell youlove your kids. You would never do that. But you know, they've got to live through this for how long? SMITH: The rest of their lives. [??]: Just like you. They've got to live with it for the rest of their life, even Matthew. WALKER: WALKER: SMITH: WALKER: SMITH: say, like, "No, I don't want to talk to him" or "I don't want to talk to him. He's a bad daddy right now because he's not here." [??]: Well, he misses you when he says that, right? SMITH: [Inaudible or nonverbal response.] [??]: And you miss him, do you not? WALKER: So you are saying Eion could be lying? Would there be a reason why your kids would lie? Sir? Would there be a reason why your kids would lie, say something that's not true? Eion, I mean, Eion gets mad at me when I try to talk to him on the phone and he'll 000788 SMITH: He's a smart kid. [??]: And he wouldn't lie, right, Sergeant? He doesn't lie. WALKER: You are correct. That's the first--you hit it dead on the nail. He's a smart kid. I'd watch for him, because he is a really smart kid. [??]: Very sharp, very respectful, and I believe to be very honest, and you have a lot to do with that. Sarge, they get a lot of it from you. So don't hold anything back. [Inaudible] and don't betray them by leading us on a [inaudible] if that's what's happened. They do not deserve this. WALKER: Is there any reason why the older child, Matthew, would he lie? SMITH: Can't think of any. [??]: Well, Sarge, how do you describe your relationship with--
- 230. let's take Matthew,not your child, your wife's child, right? SMITH: [Inaudible or nonverbal response.] [??]: How would you describe that relationship between you and him? SMITH: It's been rough. [??]: [Inaudible.] Such as? SMITH: I mean, I love Matthew to death and you know, I'm always---- [??]: But he is not your child. You love your children and I've saw that. I helped escort them from that house. Some scene that I will never forget and I've been doing this for a long time. Terrible wasn't it? SMITH: Well, I imagine [inaudible]. [??]: Sure you do, you feel it, because you are a part--their blood is part of you. Your blood is part of them. Horrific---- [??]: You need to talk to us, man. SMITH: [Inaudible.] WALKER: I mean, are your kids alive? 000789 [??]: Horrific. Sarge, if you were involved, we can get through this. We can help your kids. We can explain to them. We will get them all the help we can get. SMITH: I wasn't there. Okay. [??]: Okay. Sarge, right now, all the facts, all of the evidence doesn't tell us that. Okay. It doesn't say that. You have crossed your story over about 65 times since we have been here, and your friends, who are loyal to you, have told the truth and it doesn't match your story. I do see you are upset and you should be, take it into account. And I can assure you, Sergeant, we---- [??]: [Inaudible.] [??]: ----will find the truth, okay. I promise you that. There's several men on the scene right now and there will be tomorrow. Of course there's going to be autopsies, which will prove some things, which will tell us all a lot, and you being a guy with some experience knows some of the things that we can do--we can do things now. We all know that when someone goes into a scene, they take things from the scene, they take things into the
- 231. scene. WALKER: SMITH: WALKER:SMITH: On what day did you give the gun to Tracy? It was two weekends ago. It was, I think, on a Friday. And who was holding the gun for you? Sergeant Devane. Sergeant Devane, who is being interviewed by Detective Mark Gillingham as we WALKER: speak. So, you got the gun from---- SMITH: WALKER: SMITH: WALKER: SMITH: WALKER: same day? SMITH: Sergeant Devane. ----Sergeant Devane. Because he kept it at the house for a while. And when did you give it to Tracy? About two weeks ago. So basically you got the gun from Sergeant Devane and you give it to Tracy the No, I didn't give it to her the same day. 000790 When did you give it to her? About a week later, after she came down. So it was last week then? If you got the gun from Sergeant Devane two weeks It's been more than two weeks ago that I got it, because he was- --- Would there be any reason why Sergeant Devane would lie? No, I don't know--I don't know how long it's been since I got the gun. Okay. It's been more than two weeks. Well, you gave--did Tracy call you and ask for the gun? She
- 232. asked what Iwas going to do with it. Why did you bring the gun up when we first met? Why? Yeah. I don't know. I didn't say anything about a gun. I mean, all this divorce stuff and---- WALKER: SMITH: WALKER: ago. SMITH: WALKER: SMITH: WALKER: SMITH: WALKER: SMITH: WALKER: SMITH: WALKER: SMITH: WALKER: SMITH: WALKER: detectives have been doing it longer than me. When we met earlier this evening, the first thing you brought up was this Ruger. Hell, it's amazing how you brought this Ruger up and we didn't mention anything about firearms. Why would you--why would you disclose that to us? SMITH: Because my commander told me that she was shot and she was killed. WALKER: Okay. [??]: [Inaudible.] What did the commander tell you again [inaudible] and what? SMITH: He said they were killed; they were shot. I've been doing this 12 years and he's been doing it longer than me, and other 000791 WALKER: SMITH: But why would you--okay, they was shot; they was killed; but why would you--so I guess you assumed that you was a suspect or is that why you wanted us to know? SMITH: I mean, if you guys are interviewing me, I am assumed to be a subject. WALKER: Well, we have witnesses; you knew the victims, I mean. I wasn't BSing you earlier when I told you we were going to have to go out and interview everybody that has--that are friends or family members of Tracy and Karen. I mean, I wasn't BSing you on that. But I mean, I thought it was kind of odd that
- 233. you, as soonas we sat down, you was talking about this Ruger, that happens to be a 9mm. [??]: And Sergeant Smith, I know sometimes it's hard to---- WALKER: WALKER: SMITH: WALKER: SMITH: [??]: A military policeman. Okay. [Inaudible.] Oh no, we'll go--I take that back. Is it .40 or .45, you said? Ithinkitwasa.40ora.45. Ithinkitwasa.40. You think? Now, this is your gun. You're a military guy. Well, I got it from her dad. WALKER: How long did you have the gun? I don't care if you are a cook. If you are in the military, you know the difference between a .22, a 9mm and so forth and so forth. Now, you got the gun from? SMITH: WALKER: SMITH: Her dad. Her dad. Right. So when did you get the gun from her dad? Like I said, we're probably in the WALKER: process of talking to him as we speak. [??]: Well, we already know how he got the gun. We know what happened. SMITH: Easter. 000792 WALKER: SMITH: WALKER: SMITH: WALKER: SMITH: Easter of 2007? Right. You fired a gun?
- 234. At home inJuly. Because you bought bullets for a gun? Yes. So you know what bullets you bought, you went to the store and said, I want a WALKER: box of .40. I want a box of .45. Correct? SMITH: WALKER: SMITH: WALKER: SMITH: WALKER: SMITH: WALKER: SMITH: WALKER: SMITH: WALKER: SMITH: WALKER: SMITH: at home. That Yeah. So which is it? Is it .40 or .45? That one is a .40, but I bought other rounds for my dad's pistol, too. The Ruger is a .40? Yes. The one that you gave Tracy? Yes. So now you are confident it is a .40? Yeah, it's a P--P90, something like that. Just a minute ago, you wasn't sure if it could have been a .45. You see where I'm going with this? I don't. I'm thinking right now, okay. So it's a .40? It's a P90, I think is what it's [inaudible.] Okay. Ruger P90/40. It had a 9 in it. I can't remember. I barely looked at it. I only shot it that one time was it. That was the only time I ever looked at it. 000793 WALKER: SMITH: WALKER: SMITH: WALKER: SMITH:
- 235. WALKER: SMITH: WALKER: [??]: Expensive stuff. SMITH:WALKER: SMITH: WALKER: SMITH: Roger. What day was that? That was in July, the first part of July. Okay. Either the end of June, very end of June, or the first part of July. How many times did you shoot it? I only shot, damn, 15/20 rounds, that's it. How many rounds? Between 15 and 20. 15/20. I had a whole box of the Teflon rounds [inaudible]. It's a box of 50, right? No, they come in a box of 20, but they are Teflon rounds. Okay. So you got the good stuff then. WALKER: SMITH: WALKER: SMITH: to Grandpa's, okay, when I went to Grandpa's before I went home on leave, I bought 12-guage, I bought .22, I bought .32, I bought 9mm for my grandfather's weapon, and I bought .40s. I spent close to $80 on rounds, $80 to $90 on rounds [??]: On the same day, Sergeant; the same store down here you are talking about? SMITH: Yes, at Granpa's. [??]: At where? Is it called "Grandpa's?" The stuff that we use. Okay. So you knew you shot the whole box, right? Right. So why did you tell your patrol partner that you may have some ammo? I thought I might have ammo left from a different weapon. I mean, when I went 000794
- 236. WALKER: SMITH: WALKER: SMITH: WALKER: SMITH: WALKER: SMITH WALKER: SMITH: WALKER: SMITH: WALKER: SMITH: myself shot SoI am assuming you probably used a credit card? Roger. Was that the U.S. Bank? Roger. All right. Is that the only credit card you have? Roger. It was $80? $80 or $90, I think. It was about $80. And you think it was July? I went on July 1st on leave [inaudible]. Okay. Did you shoot this gun in Illinois? Yes. Okay. Because with [inaudible], Price, my little brother, and my dad also shot it, and it. [??]: So you bought, what did you say, almost $80 or $89 worth of ammo? WALKER: So we are going to---- [??]: Where is this ammo at, Sarge? Where's all that ammo? SMITH: That's all inside the house in Illinois. [??]: Illinois, okay. SMITH: WALKER: SMITH: WALKER: Because my grandfather has got all of the weapons up there. Okay. Now where's the---- He has my 12-guage and my .22.
- 237. Okay. 000795 SMITH: The .32. WALKER:But at one time they was at your house and when you moved to the barracks you had to take them to--send everything to---- SMITH: WALKER: SMITH: WALKER: Tracy the gun? To Illinois. ----Illinois. Because I can't keep it here in the barracks. Now when did you--where did you get the gun--at what location did you give SMITH: WALKER: SMITH: WALKER: [??]: Was that---- At the house. Here in Clarksville? [Inaudible or nonverbal response given.] And how long ago was that? SMITH: About two weeks ago, because actually she came to the house and it was laying on the couch, and she--she asked me again about it [inaudible] and I was like, "Here, just go ahead and take it." I said, "I don't need it and I can't take it on post." I'm not [inaudible]. WALKER: You thought it was two weeks ago? SMITH: Because she was saying she needed the money and her dad was--she just wanted to get it back to her dad. Because she fought really hard for that pistol in the divorce. WALKER: SMITH: WALKER: SMITH: WALKER: SMITH: So, basically it sounds like that--that this gun, you got it from-- -- Her dad. ----Sergeant Aulden, two weeks ago. I mean, that's what he is telling us. Do you mean Sergeant Devane?
- 238. Huh? Sergeant Devane? 000796 WALKER: SMITH:WALKER: SMITH: WALKER: why did Sergeant Devane have the gun, because of domestic? Were you ordered to give Sergeant Devane the gun? SMITH: safety because WALKER: SMITH: WALKER: SMITH: WALKER: SMITH: WALKER: SMITH: WALKER: I gave Sergeant Devane the gun just for my own personal, you know, advanced he understood the stress that I was going through and---- So you weren't ordered by no chain of command to give---- [Inaudible or nonverbal response given.] Are you sure? Yes. Okay. So you freely---- I gave it to him freely because---- Went to Sergeant Devane and said---- Right. ----I'm having personal problems? SMITH: gave him the gun. WALKER: correct. SMITH: WALKER: SMITH: He said--he said he didn't want me to do anything stupid so he fucking took it or I So did he ask for it or did you come to--I mean, this is important to get this He--he--he asked me about the weapon. Okay. So he knew you was under stress? Right. Sergeant Devane. It might have been about three weeks ago and I had it in my house for a week. Okay. It was just sitting in my house. Well, why did you get the gun back in the first place? Well, let me ask you this,
- 239. 000797 WALKER: SMITH: WALKER: SMITH: WALKER: So he takesthe gun, about three weeks ago or two weeks ago? About three weeks ago. Three weeks ago. And a week later, Tracy comes---- Picks up the weapon. Picks up the weapon. Why did you ask Sergeant Devane for the gun back? Just because I was clearing out my house, because that was in my van and I can't SMITH: have it in my van coming on post and it was in my van. WALKER: Okay. SMITH: And that's why I gave it to him, because I didn't want to get in trouble. Because if I have a weapon that is registered on post, I could get apprehended---- WALKER: And charged. Right. Right. I know, I lived in the barracks. You have to have everything registered and whatnot. So, Tracy comes to the house, she picks up the gun; you don't know what Tracy did with the gun afterwards? SMITH: She went to the--she could have put it in her storage unit over on Summerhaven Storage [sp] or she could have took it home with her. I don't know. WALKER: SMITH: WALKER: SMITH: WALKER: the divorce SMITH: Did she say what she was going to do with it? She said she needed money. She was going to pawn it, but---- But you said our divorce, it sounded like she wanted the gun
- 240. because---- She did wantthe gun. ----it was for sentimental reasons? Or, I mean, is it mentioned in the paperwork, proceedings? Roger. Did you get the impression that she wanted the gun because it was sentimental, SMITH: To her parents, but I bought her dad the Glock [inaudible] millimeter. WALKER: meaning it belongs to her parents? 000798 WALKER: SMITH: dad---- WALKER: SMITH: WALKER: she got this SMITH: WALKER: I got my gun from Brent. And if nobody--I have a feeling that nobody is going to tell us that, yeah, Tracy said that she got the Ruger. That's just--I'm just taking a good guess that's the response we are going to get. When we go ahead and talk to Curt, where she's living, in their house, he's probably going to not have a clue what we are talking about when we ask him if Tracy came home with a gun. SMITH: WALKER: SMITH: She probably could have gotten [inaudible] too. She could have did a lot of things. But you see how this makes it look on you? [Inaudible or nonverbal response.] But you think that she wanted it because she wanted to pawn it? I thought she was going to pawn it [inaudible.] And I paid $550 for a gun for her Okay. ----and then he gave me $300 and that pistol as a--like a barter
- 241. gift. So she gotthis gun and more than likely she probably told family members that gun. Does that make sense? Probably. So we need to go out and interview people and see if she told anybody that, yeah, [??]: When did you give her the gun? SMITH: About two weeks ago. [??]: Okay. I just finished talking to Sergeant Devane. He said you picked up the gun 10 days ago. SMITH: 10 days ago? [??]: 10 days ago; Friday. SMITH: I picked it up before that. [??]: Friday before, because he's been on lockdown and it was the day before he went into lockdown at the NCO Academy. He left it in the front seat of James'---- 000799 SMITH: That's been probably two weeks ago [inaudible]. [??]: He--he was for certain that it was the weekend before, because he said he was off. He had to work and then he was not going to be--not going to be at home. He worked platoon duty Monday and Tuesday and then he was off for a couple of days, and then he went straight into lockdown on the 6th. He was very, very adamant about that. Very adamant about the date. He said it was no more--he said it was a Thursday or Friday night/Saturday morning and the weapon was placed in its case, in the front of James' van, under the seat. SMITH: [Inaudible.] [??]: I believe he said, "James." SMITH: James Blank. [??]: James Blank. SMITH: It was in his--it was underneath the driver's seat. [??}: The driver's seat; and he said that was on--on or about, I think he said, the 1st or 2d, whatever that Friday would have been, Friday night, Saturday morning. Because he was not home
- 242. that night, becausehe went out with some friends to go drinking because he knew he was getting ready to go into lockdown at the NCO Academy. SMITH: I didn't know he was going to PLDC until last week. [??]: That's what he told me. SMITH: No, it's been about two weeks ago that I got the weapon, sir. [??]: According to him, you didn't pick it up from his house. SMITH: No, I picked it up from James. [??]: Well, James lives right next door, correct? SMITH: Yes. [??]: So, I mean, basically we are still talking about the same thing. He said it was 10 days ago, not 14, not more than 14. WALKER: So you went out and got it from a vehicle. Did he know you were getting it? 000800 SMITH: Roger. [??]: Why did he have--why did he have the weapon in the first place? SMITH: Just for my personal safety and he didn't want me to do anything stupid. [??]: So he was concerned that you might do something stupid with the weapon? SMITH: I guess, me, yea, because he understood I was under a lot of stress, because me and him talk a lot and he didn't want me doing anything bad against me. WALKER: While you was gone, we was talking to Sergeant Smith and we went over the timeline. Apparently, which I believe he was at the gas station twice. He gassed up at 1:30; then he came--he went looking at the vehicles, he got back to post around 3, and he sat out in the parking lot until around 5, seen the first sergeant come in, and he got a little thirsty and went back off post to the Pilot to buy a Mountain Dew, and came back on post. And I was telling Sergeant Smith that--that's a little problematic right there as far as, him sitting on post at 5 o'clock in the morning and he decided to go back off post for a
- 243. Mountain Dew. [??]: Absolutely. WALKER:Then we talked about the hat, where initially he didn't have a hat on or he didn't wash a hat, but then he did. He didn't wash it in the washer, he admitted he washed it by hand, but he didn't really understand what I was talking about as far as--he thought I was--the reason why -- I'm not saying he lied to me -- but he was under the impression that I was asking if he had washed it in the washer. That's why he didn't disclose the fact that he washed it by hand, because I didn't---- [??]: Sergeant Smith, how long have you been an MP? SMITH: Since---- [??]: Trooper Odham, can you close that door for me, please? ODHAM: Yeah, sure can. SMITH: Since '99. [??]: Since '99, okay. So you've been doing this what, coming up on 8 years now? SMITH: Yes, sir. 000801 [??]: All right. When you respond to a call and you are talking to people, you get the idea and the impression from talking to them when they are telling you the truth and when they are telling you a lie? SMITH: [Inaudible or nonverbal response.] [??]: Do you think you're pretty good at it? SMITH: Sometimes, sir. [??]: My job, I've kind of got a unique job in the state police and I'm what they call a forensic interviewer. I’ve been trained to look at people when they are talking to me, I’ve been trained to look at body signs, body language, verbiage, the whole nine- yards. Right now I can honestly say that I probably caught you in approximately four or five lies, if you will. WALKER: Also, Detective Gillingham, we haven’t discussed about the ammo, as far as what happened on patrol the other night and initially he didn’t have a clue what I was talking about, but then he did recall that he thought he had some ammo in the van and he actually went out and checked the glove box and realized there was no ammo in the glove box and we had
- 244. talked about thatfor a little bit. [??]: You know, here’s my thinking. Again, I’ve been doing this coming up on 14 years now. I’m pretty darn good at what I do. I believe if we look at cell phone records, we’ll see you made a call to your ex-wife, soon-to-be ex-wife on or about 7--on or about Saturday, somewhere around 11, 11:30 in the morning. She had a friend standing right next to her who heard the entire conversation. Now you originally told me that you spoke to her last Wednesday or Thursday. I believe I can prove---- WALKER: Yeah, you said that you called---- [??]: I believe I can prove that you talked to her on Saturday. WALKER: SMITH: It wasn’t--you remember, if we made a phone call---- Roger. ----if a person picks up, it’s going to give us how many seconds, how many minutes. You said that you hadn’t talked to her, you said it was last Wednesday, right? WALKER: 000802 However, we’ve got information that apparently you did have a conversation with her and we are probably going to find out that there was a conversation since Saturday. [??]: I talked to a lot of people---- WALKER: And what he just said, that there was some Saturday. [??]: ----and here’s—here’s what I’ve determined so far: Number one, I’ve talked to several people and they say, number one, you have an anger problem. A lot of people have said that; Number two, like I said, I’ve caught you in several lies. That’s going to be a problem; Number three, several people have said you love your kids more than anything and you’d rather see your wife dead than for her to have the kids; Number four, she probably may or may not, we hvaen’t proved it yet, probably been having an affair on you. That’s got to weigh heavy on a person. WALKER: And that’s what we told you before, I mean, people—you’re a good guy---- [??]: Right.
- 245. WALKER: ----people havesaid---- [??]: Here’s--here’s what I need. Here’s what I need to find out – in my opinion, you got off work last night at 2227 hours. I know that because I talked to PFC Aulden and he said that he called his wife as soon as he and you walked out to your vehicles going off duty last night. He looked that up on his cell phone. He called her at 2227 hours. I believe you left. You may have done--run an errand, talked to---- WALKER: Lindsey and Michelle. [??]: ----Michelle and Lindsey for a little bit. WALKER: We believe that. We believe that. [??]: Come back to your room. But then we have almost 7 hours, 6 and a half hours that we can’t account for where nobody seen you, you have no alibi, you told us you got here at 5 o’clock in the morning; your roommate woke up at 5:30, you were not here. He left at 0605 to fallout for his formation, go outside and smoke a cigarette before his 0630 formation; you were not here when he returned at 0635. You were here in the room. He talked to you briefly. You said you’d been out all night. He comes back about 0900; you’re doing laundry. Okay. I’m looking at this from a logical standpoint. If I had been out all night, I know I’ve got to get up at 000803 0900, thereabouts, to fall-in for formation, do PT at 0930, do PT until 1100, and then I know I’m going to have a little bit of hygiene time and then I know I have to report at 1230 or 1330, depending on what time my formation is to report in to go to work, and I’ve only had 2 hours of sleep. I’m not going to--or I only had 2 hours to sleep, 2 and a half hours sleep, I’m not going to be doing laundry. I’m going to be--I’m going to be in my rack going to sleep. Okay. I talked to PFC Aulden. You were tired all day. You were falling asleep while you were working, because you’d been up all night. Okay. No alibi. We know you called your wife on Saturday. We know you went and got the gun less than two weeks ago; a week and a half ago, to be more specific. We know
- 246. you asked PFCAulden what kind of ammunition would be good to go shoot dogs, and he said, I would recommend ball—ball ammo, or if I really wanted to do the affect, I’d get hydroshocks or something like that. You indicated to PFC Aulden you had some ammunition in your vehicle -- 9mm. The bullets recovered at the scene, preliminary examination, reveals that they probably are 9mm. They are being sent to our lab to confirm that. We will know that. We have witnesses that say they saw somebody in the area last night. We know approximately what time. Everything right now, is pointing to you. Okay. So, I need to find out right now what kind of person you are. You know, is this something that you’ve been planning ever since your wife left? I don’t think so. You did--how long were you in Afghanistan? SMITH: About 12 and a half months. [??]: 12 and a half months. High stress, right? SMITH: [Inaudible.] [??]: High stress. You come back, find out your wife may or may not have been cheating on you. She leaves; she goes. She is going to take the kids away from you. Your whole world, as you know it before you deployed to Afghanistan, has been turned upside down. Right? But that’s got to weigh heavy on a person. There’s got to be a lot going on in your mind. Sergeant Devane even said, “Something’s not right. You know, he’s under a lot of stress. I’m here to try to help hi m.” He takes your weapon from you to make sure that you don’t do something. Okay. A couple of days later, he thinks you are better. You know, things have 000804 calmed down a little bit. He allows you to have your weapon back. But, you know, the divorce is getting ready to go final. It will be final sometime this week, correct? SMITH: That’s the last I heard. [??}: That’s what you heard? SMITH: [Inaudible or nonverbal response.] [??]: You know, if I fought that hard with my—with my soon- to-be ex-wife and took the gun that I wanted and I took so much
- 247. trouble to goback to ccourt and get a court order to get the gun back, and I finally get that gun back, I’m not going to turn around and give it right back to her. You don’t fight that hard and then just turn around and give it up. Do you see what I’m saying? There’s a lot of inconsistencies. The timeframe in which you have no alibi is consistent with the timeframe it would take to drive the 147 miles from here to the house in Rineyville and back. I think you did go there. I think you did shoot them. I don’t think it was premeditated. I don’t think you’ve been planning this for months and months and months or however long you and she have been separated. I think she was gettting ready to take your kids away. I think that bothered you immensely because from what everybody I hear, says you just absolutely love your kids. Am I right? SMITH: [Inaudible or nonverbal response.] [??]: I got to hold Regan. For some reason, she just took a liking to me. WALKER: We---- [??]: I can tell, she’s probably a daddy’s girl. Am I right? SMITH: [Inaudible or nonverbal response.] WALKER: We had touched base about the kids. I told Sergeant Smith that the kids seen some stuff but we didn't go into detail about what they saw. [??]: I spent almost 4 hours with Eion and Reagan today, as well as Matthew. I talked to them. I know what they told me. Okay. I know what they told me. WALKER: And they saw some stuff, like I said before. 000805 [??]: So, like I said, right now I want to find out, you know, what kind of person you are because I think here very shortly we will be able to prove, beyond a reasonable doubt, that you did this. Okay. You know--you know the old saying goes, those who help others, help themselves. You know, that kind of thing. I think we're at that point now. Like I said, I don't think--I don't think you went up there with the intention of--of killing her. I
- 248. think that justsomething happened, something snapped, something happened. I don't know what yet. But I don't think this is something that you've been planning for a long time. I don't think you're a---- WALKER: Like, I said, she was messing around on you. [??]: ----I don't think you're a murderer. Okay. In the sense of going out there and doing ruthless killing. I think you're the kind of person that feels sorry for what you did. And all of the stress that you've been going through and having to deal with this. You know what, I think it's weighing heavy on you. And you know what, in my past, from what I've been able to experience doing this for almost 14 years, if you don't get this off your chest now, it's going to build and build and build. I don't want to see that happen to you. If something happened, we need to get you some help. That's our number one priority. Number two, we need to make sure that your children fully understand, number one, what happened and that they also get the help that they need. That's my primary concern. My concerns are always for the children. They witnessed something dramatic this morning. Okay. Very dramatic. I've already got counselors lined up for them. I'm making sure, number one priority, they are taken care of. Like I said, I think you did it. You know, so, you know, basically what I'm asking you is, you know, I can't guarantee you anything. I can't make you any promises. If I sit here and said, I'm going to promise you this, that, and the other, I'd be lying to you. I'm not going to do that. That's not the way I work. But it has been my past experience those who help themselves, you know, now's the time. You know, you talk to any prosecutor, you talk to any judge, somebody who cooperates, somebody who admits their guilt, somebody who's truly sorry for what they did, is going to get a whole lot--off a lot easier than somebody who goes in and denies it and then it ends up getting proven. You know, what I mean? You are an MP. You know that. You've seen it before. WALKER: That's the first thing a prosecutor--he was at the
- 249. scene, the prosecutor.That is the first thing he is going to ask us is, is--I mean, how he treated us, as far as, did he give us---- 000806 [??]: And I mean, so far, you've been cooperative. WALKER: Did he give us a bunch of BS. [??]: You've been very cooperative and we definitely appreciate that, and that is something that we can tell him. Like I said, I can't promise you that it's going to help. Generally, it does. As a general rule, it does. You've been very cooperative. You've allowed us to do all this other kind of stuff. Come up here, look at your room, look at your van, talk to you and everything like that. You know, that goes a long way. That shows that you are trying to cooperate. But, number one again, you know, I need to know that you are sorry for what you did. That's what I need to know. Number two, I need to know where that weapon is, because I want to make sure it doesn't fall into the wrong hands and a kid get a hold of it and end up doing something with it, you know? My worse fear is having a weapon lying around somewhere where somebody else can get it that does not have training and doesn't know what to do and ends up shooting SMITH: [??]: You SMITH: WALKER: SMITH: WALKER: SMITH: WALKER: [??]: Then why would you sit here and---- WALKER: ---your kids are lying? [??]: ----tell us these lies over and over and over again? You know--you know, the big thing--the old saying, you're digging yourself deeper and deeper and deeper, that's where you are at right now. You know, you are about right here up to the
- 250. head. their baby brotheror their little sister. Do you understand what I'm saying? I gave it to Tracy. I don't know where it's at. gave it to Tracy? Yes. I do not know what she did with it. So, so basically you're telling us that you are not involved or just---- No, I'm not---- ----or we're just---- I'm not involved at all. So your kids---- 000807 WALKER: So your kids are lying to us? They are lying. They are trying to get you in trouble? [??]: And they are going to suffer. From this day forward, because they don't understand. WALKER: So any lie---- [??]: And I'll tell you---- [??]: And maybe if we had the answers---- WALKER: ----Eion's a liar. [??]: ----I'll tell you something. WALKER: Eion's a liar then. [??]: I'll tell you something Eion told me today. WALKER: I need to go back and reinterview Eion and see why he's lying to me. [??]: I'll tell you something Eion told me today. WALKER: Is that what you want me to do? [??]: Want me to tell you what Eion told me today? SMITH: [Inaudible or nonverbal response.] [??]: He told me, "You need to take my daddy to jail." He said, "Because he shot my mommy." That's what Eion told me. I'll show you the video right now. I've got it out in my car. He watched it all the way down here, because I interviewed him. Eion told me that you shot his mommy. He's 5 years old. How do you think that's going to affect him. And then when I have to turn around and explain to him several years later, I interviewed his daddy and his daddy sit there and lied to me over and over and his daddy wasn't sorry. How do you think that's going to
- 251. affect him? BecauseI've got to tell him the truth. I can't lie to kids. I can't do it. His daddy wasn't sorry. How do you think that's going to affect him? SMITH: It's going to affect him the rest of his life. [??]: It is. It is. But just like with an alcoholic, somebody who has a problem. You know, you can't help that person until they admit they have a problem. Okay. That's step number one, whether it's a drug problem, a wine problem, an alcohol problem, a stealing problem, whatever 000808 else. First of all, you've got to admit that you've done wrong. We can't help you, until you help yourself. That's the bottom line. I need to be able to go back and tell your kids, yes, this is what happened. He's sorry he did it. This is why he did it. Now that we know that---- WALKER: Just move on. [??]: ----let's move on. Let's get you--let's get to that--those stages of the human process. Let's get some counseling. Let's get over our grief. Let's get over our anger. Let's move on to, you know, understanding why this happened and get on with it. That's what I think. Correct me if I am wrong. You've been through this. You've seen how it works. You know - -you know this whole process. You know when something happens, you know. Have you ever had to go tell somebody that somebody died in a car accident? SMITH: [Inaudible or nonverbal response.] [??]: And at first there's what? What's the first thing? Denial, right? No, it can't be. No, it can't be. Or having to come back here and tell somebody that, you know, their loved one was killed while deployed in Iraq or Kosovo or Afghanistan or Bosnia or anywhere else that you all deploy to. You know, first is denial. Then it's anger. Why did it have to happen? Why did they do this? Why did they do that? Why did they have to deploy? Da, da, da, da, da. Why did they have to be out in the car? Why did they have to be drinking and driving? You know,
- 252. da, da, da,da, da. Then once they finally get over the denial phase and then the anger phase, then they start getting into the-- the--I call it the sad phase, where they are depressed all of the time. They're not knowing what's going on. What's happening? Why things are going the way they are. Why the world is being so mean to them. This, that, and the other. Once they finally get through that stage, then they start the healing stage, where they can start to accept it. Once they start to accept it, then they can get on with their lives. If they don't go through that chance--go through those stages, guess what? The chances of them leading a normal life are--are very, very slight. So, you know, luckily your kids are small right now. They can get through this. But they've got to know what happened. They've got to know. I've got to be able to get them through this stage. I've got to be able to walk them through this process. I've got to make sure that they have 000809 everything that they need so that they can get through this, because I don't want your kids to suffer. Okay? I don't want it to happen. WALKER: And I think---- [??]: I don't want to tell them that their dad---- WALKER: Now, I think---- [??]: ----come up with a plan and went up there and said, I'm going to kill this bitch because she's taking my kids away. I want to be up there and go--go up there and say, your dad had a bad time. He had a bad experience. You know, something happened. This is what happened. He didn't mean to, it's just something just happened. Something just snapped and he lost it for a little while. He's better now. He's going to work through this. He's going to get help. We need to get you help. That's what I need to do for them. WALKER: Yeah, I think they're sitting there and if we had a time machine right here in front of you, I guarantee you'll probably jump in it and go back 24 hours. Am I correct? [??]: You'd change everything.
- 253. WALKER: Am Icorrect? SMITH: I wasn't there, so I mean, I can't change what happened. I was not there. [??}: Well, I mean, basically what it's going to come down to is, we are going to have to prove it, and like I said, my opinion, I think we are going to prove it. And then, I hate to be you, because if I do prove it, and I believe I will, I will tell the prosecutor that, number one, you weren't sorry. We gave you ample opportunity to tell us about it and you chose not to. You know, you know, you are looking at--you know, if you did this, you are looking at two counts of premeditated murder as we stand right now. Two death penalties in Kentucky. Two death penalties, that's what you are looking at. That's maximum. That's worst case scenario. That's worst case scenario. WALKER: So Eion is lying to us. Matthew is lying to us. Is that what you are telling us? 000810 [??]: So if we prove this, it's going to be two counts of premeditated murder. Unless we have some other reason, some other explanation as to why this happened, and only you know that. So, if you don't want---- WALKER: And you told us---- [??]: If you don't this to happen to you. If you--if you think that we can honestly prove it, and like I said, I think we can. And if I have to prove it, I guarantee you the prosecutor is going to be looking at two counts of premeditated murder. You got off from work, drove up there, shot them, turned around and came back home. That's what the prosecutor is going to---- WALKER: And bought himself a Mountain Dew. [??]: I guarantee you that's what the prosecutor is going to put before the jury, before the judge. WALKER: And you got---- [??]: Unless I bring him something back. WALKER: And he got himself a Mountain Dew. He stopped off and got him something to drink before he got to come home and
- 254. go to bed. [??]:I don't want to see you put to death. I don't want it to happen. I do not want that to happen. WALKER: And your kids probably don't want---- [??]: I do not want your kids to have to suffer. WALKER: ----to have that neither. [??]: Okay. I do not want them to have to suffer. I do not want them to have to realize that here in 15/20 years, when all of the appeal processes are run through the gamut, that their dad--I don't think it was premeditated. I think that something just snapped. I could be wrong, but maybe you did go up there. I don't think so. I don't believe you are that kind of person. But like I said, you know, you can't expect me to help you out unless you help me out. You can't expect to help yourself out unless you help me out. That's just the way it is. 000811 I've got to take something back to the prosecutor. If I come back with all of the evidence that they've collected out there at the scene and I show A, B, C, and D, and then I look over here to you and there's A, B, C, and D, like I said, I will guarantee you the prosecutor is going to ask for the death sentence on two counts of premeditated murder. You help yourself, maybe he'll be more than likely to plead something else out. You'll have to spend some time in jail. Absolutely. I'm not going to lie to you and say you are going to go scot free, because that's be lying to you and I ain't going to do it. Like I said, I don't want to have to, in 20 years,---- WALKER: Two lives are gone, we don't need three. [??]: I don't want to come back in 20 years and have to go up there with your kids and explain to them, you know, your dad's dying today. I don't want to have to put them through that. Do you want me to have to put them through that? SMITH: [Inaudible or nonverbal response.] [??]: I think they'd be a whole lot better off with a daddy's who's in jail then a daddy that is going to die in jail. One thing I've learned about family, no matter what happens,
- 255. they'll be madat you for awhile. They'll be mad while they are growing up. But eventually they'll get over it, they'll still love you. They'll still love you. They'll still want to be a part of your life. But you are not going to do them any good if something happens to you. Inconsistency --- RECORDING STOPPED 000812 CRIME SCENE DIAGRAM Tracy Smith Karen Green Back Patio Bedroom Bedroom 3 1 Bedroom 4 KITCHEN Bedroom 2 Living Room Living / Dining S EW N 000706 000707 000708 000709 000710 000711 000712
- 256. 000713 000714 000715 KENTUCKY STATE POLICE KYIBRSSUPPLEMENTARY REPORT (WALKER) INVESTIGATION: May 4, 2008 /Computer forensic report. I received documents from Defense Computer Forensic Laboratory (DCFL) regarding this investigation. The above mentioned agency had conducted a forensic examination of a laptop computer that is owned by U.S. Army PFC Colton Hebner, however, was utilized by Brent Smith on occasions since they were roommates. During a review of the documents provided by DCFL it described how on August 5, 2007 and September 5, 2007 a search was conducted on MySpace in regards to Tracy Smith's web page. It was noted that both of these searches were later deleted. The report also revealed that the name "Tracy Smith" was google on September 15, 2007; this search was not deleted. It was noted during the forensic exam that Brent Smith's last MySpace login was September 16, 2007; a copy of Brent Smith's profile page was included in this report and a specific statement was noted on this profile, "I hate money hungry women." The report also described a search term "Ruger" revealed four hits; meaning an internet search was conducted regarding this firearm. From the information in the report, it is unknown at this time if the search regarding Ruger was conducted prior or after the murders. This information will be explored by contacting the forensic examiners (DCFL) that conducted the examination. 000705 KENTUCKY STATE POLICE KYIBRS SUPPLEMENTARY REPORT (WALKER) INVESTIGATION: February 15, 2008. I received lab reports from KSP lab regarding glass comparison
- 257. testing. The reportdescribed how the glass standard that was collected from Brent Smith's van wasn't similar to the glass standard taken from the crime scene. The report described how both pairs of gym shoes including all of Smith's collected clothing (minus T-shirt) contained pieces of possible glass which were too small to conduct comparison testing. 000704 KENTUCKY STATE POLICE KYIBRS SUPPLEMENTARY REPORT (WALKER) INVESTIGATION: January 29, 2008 / Review of lab reports. The KSP lab report reveals that the (Leonard Price) DNA standard that was submitted matches with the male DNA profile that was discovered on the victim's (Tracy Smith) vaginal swab. This information is consistent with the interview Mr. Price had provided earlier. In that interview Mr. Price described how Tracy Smith had spent the night with him (9-9-07) and they had intercourse during this time span. Mr. Price had traveled to Newport KY on the morning of September 10, 2007 regarding a change of duty station. This information was verified in earlier investigations of his interview. 000703 KENTUCKY STATE POLICE KYIBRS SUPPLEMENTARY REPORT (WALKER) INVESTIGATION: September 17, 2007 / 1222 hours. I received Brent Smith's banking records from U.S. Bank regarding my subpoena request. The dates regarding these· records are June 18, 2007 through September 14, 2007. During a review of the records I noted several transactions of interest. On July 2, 2007 there was a purchase made at Grandpa's gun store located in Clarksville Tennessee ($104.15). This is the location that I along with Det. Johnson had visited regarding a sales receipt that was recovered related to an ammunition purchase at this location. See Det. Johnson's supplement regarding this visit.
- 258. On August 24,2007 a transaction was made at Tactical Gear, Oak Grove Kentucky (26.50) On September 8, 2007 there was a purchase made at Marathon Oil, Rineyville Kentucky ($44.69). On September 8, 2007 an ATM withdraw was made at US Bank, Oak Grove Kentucky ($40.00). On September 8, 2007 a transaction was made at Pilot, Oak Grove Kentucky ($23.00). - On September 8, 2007 a transaction was made at Marathon Oil, Beaver Dam Kentucky ($3.51 ). On September 10, 2007 a transaction was made at AAFES, FT. Campbell Kentucky ($83.95); the time of this transaction was 2255 CST. This is the transaction Brent Smith described when he stated he purchased the two military police dispatchers coffee and hot chocolate. One transaction that was not noted was the alleged purchase of gas at the Pilot Station located in Oak Grove Kentucky. Brent Smith described how he was at this location on September 11, 2007 at 0130 hours CST. Based upon the attached bank records to include the interview of employee(s) at the Pilot Station special agent Mike Collins had conducted (DCIS), Brent Smith's debit card wasn't used at this location as he described in his interview. 000696 KENTUCKY STATE POLICE KYIBRS SUPPLEMENTARY REPORT (WALKER) INVESTIGATION: October 12, 2007 / 0900 hours. Brent Smith's cell phone records were received from AT&T upon subpoena request. The records revealed calls that were made and received by Brent Smith's cell phone between July 7, 2007 and September 12, 2007. The records revealed that during the weekend prior to the murders he made several calls to Tracy Smith and when she didn't answer her phone he had contacted Karen Smith's cell phone to include residential phone. The records revealed that on the morning of September 11, 2007
- 259. Brent Smith hadcalled Tracy Smith's cell phone, the residence's land-line phone, and several other individuals inquiring aboyt Tracy Smith's whereabouts. These individuals were Tracy Smith's family members and friends who reside in various states. These individuals were listed on the case witness list and they described how they thought this was odd receiving a call from Brent Smith inquiring about Tracy Smith. The records also revealed Brent Smith placing a phone call on September 11, 2007 at 2107 hours to Michelle Larsen who is a military police dispatcher for Fort Campbell. When this call was placed I was interviewing Brent Smith's roommate PFC Hebner regarding Brent Smith's activities during the early morning hours of September 11, 2007. It was later discovered by Department of Defense federal investigators that Brent Smith had asked this individual to lie to law enforcement regarding ·his whereabouts during the early hours of September 11, 2007. See DCIS report for full details. 000695 KENTUCKY STATE POLICE KYIBRS SUPPLEMENTARY REPORT (WALKER) SELF STORAGE RECORDS REVIEW: On September 18, 2007, reporting agent reviewed records provided by James Mayes, Owner, Summer Haven Self Storage, 939 Tiny Town Rd Clarksville, TN. The review disclosed the following information: Since September 3, 2007, Smith's five digit entrance code was used four times to access Summer Haven Self Storage. On September 5, 2007, Smith's code was used at 10:38 am. On September 7, 2007, Smith's code was once again used at 11 :24 am, and at 11 :54 am. Finally, on September 8, 2007 Smith's code was used at 2:13 am. Tracy Smith's five digit entrance code was not used since before September 3, 2007. In addition to the records, Mayes also provided the following information: Smith rented his storage unit, C082, on September 3, 2007. Tracy Smith rented her storage unit, A016, on August 11, 2-007. Smith told one of Mayes’ employees that he needed
- 260. the storage unitbecause he and his wife were in the midst of a divorce. 000697 KENTUCKY STATE POLICE KYIBRS SUPPLEMENTARY REPORT (WALKER) INVESTIGATION: December 7, 2007 / KSP lab reports. I received lab reports from KSP central lab regarding this investigation. A summary of the reports described how two small blood droplets were discovered in Brent Smith’s van; however, the droplets were two small to compare with victims’ DNA card. Deshawn Whitson’s back-pack (item# 32) was tested and the blood within the back—pack had a male DNA profile and wouldn’t be associated with the victim's blood. See attach lab reports. 000702 KENTUCKY STATE POLICE KYIBRS SUPPLEMENTARY REPORT (WALKER) INVESTIGATION: November 2. 2007 / Execution of search warrant/ 1230 hours. I executed a search. warrant at the Hardin County Detention Center located in Elizabethtown Ky. This search warrant was· regarding a sample of Brent Smith's DNA. Brent Smith's mouth was swabbed with four cotton swabs that were later transferred to KSP crime lab for future testing 000698 KENTUCKY STATE POLICE KYIBRS SUPPLEMENTARY REPORT (WALKER) INVESTIGATION: October 21, 2010, 1400 hrs. I met with Deshawn Whitson at his residence regarding this investigation. Whitson had voluntary provided a DNA standard (buccal swabs) that will be compared with a blood stain that was discovered on his backpack from previous testing. October 22, 2010, 1050 hrs. The DNA standard was transported to KSP lab (Frankfort) and released to lab personnel regarding testing purposes.
- 261. 000701 KENTUCKY STATE POLICE KYIBRSSUPPLEMENTARY REPORT (WALKER) INVESTIGATION: December 1, 2007 / 1130 hours. I met with Leonard K. Price at Fort Knox Kentucky regarding a collection of his DNA. Mr. Price had voluntary submitted to this test. Mr. Price's inner mouth cheeks were swabbed with 4 cotton swabs; these swabs were submitted to KSP lab for future testing. 000699 KENTUCKY STATE POLICE KYIBRS SUPPLEMENTARY REPORT (WALKER) INVESTIGATION: September 17, 2007 / 1222 hours. I received Brent Smith's banking records from U.S. Bank regarding my subpoena request. The dates regarding these· records are June 18, 2007 through September 14, 2007. During a review of the records I noted several transactions of interest. On July 2, 2007 there was a purchase made at Grandpa's gun store located in Clarksville Tennessee ($104.15). This is the location that I along with Det. Johnson had visited regarding a sales receipt that was recovered related to an ammunition purchase at this location. See Det. Johnson's supplement regarding this visit. On August 24, 2007 a transaction was made at Tactical Gear, Oak Grove Kentucky (26.50) On September 8, 2007 there was a purchase made at Marathon Oil, Rineyville Kentucky ($44.69). On September 8, 2007 an ATM withdraw was made at US Bank, Oak Grove Kentucky ($40.00). On September 8, 2007 a transaction was made at Pilot, Oak Grove Kentucky ($23.00). - On September 8, 2007 a transaction was made at Marathon Oil, Beaver Dam Kentucky ($3.51 ). On September 10, 2007 a transaction was made at AAFES, FT. Campbell Kentucky ($83.95); the time of this transaction was
- 262. 2255 CST. Thisis the transaction Brent Smith described when he stated he purchased the two military police dispatchers coffee and hot chocolate. One transaction that was not noted was the alleged purchase of gas at the Pilot Station located in Oak Grove Kentucky. Brent Smith described how he was at this location on September 11, 2007 at 0130 hours CST. Based upon the attached bank records to include the interview of employee(s) at the Pilot Station special agent Mike Collins had conducted (DCIS), Brent Smith's debit card wasn't used at this location as he described in his interview. 000700 Tracy Smith Wound # 1 ENTRANCE: 60.5 inches superior to the right heel, 1 inch to the right of the posterior midline, and 1-1/2 inches superior to and 4-1/2 inches posterior to the right external au- ditory canal in the right occipital scalp EXIT: Centered 2 inches superior and 3-1/2 inches anterior to the left external auditory canal in the left inferior forehead just superior to the lateral eyebrow Direction: From posterior to anterior, right to left by approximately 30 degrees, with minimal deviation in any other direction 65.5” 60.6” 000457 Entrance Exit Directionality Tracy Smith Wound # 2 ENTRANCE: Centered 6-1/4 inches distal to the left elbow over the ulnar aspect of the mid to distal left forearm EXIT: Centered 3 inches distal to the left antecubital fossa in the anterior proximal left forearm 000458 Entrance Exit Directionality
- 263. Tracy Smith Wound# 3 GRAZE WOUND: Centered 5-1/2 inches proximal to the left elbow in the posterior medi- al mid left arm 000459 Entrance Exit Directionality Karen Green Wound # 1 ENTRANCE: 3 inches to the left of the sternal notch, 3-l/2 inches inferior to the superior portion of the left shoulder, and 54 inches superior to the left heel Exit: 3-1/2 inches to the right of the midline, 46 inches above the left heel, and 8 inches below the superior portion of the left shoulder Direction: front to back direction in a 45 degree angle downward with minimal devia- tion, right to left 64” 54” 46” 000438 Entrance Exit Directionality Karen Green Wound # 2 ENTRANCE: 8-1/2 inches below the sternal notch, 45-l/2 inches superior to the right heel and 1 inch to the right of the midline Exit: 2 inches to the right of the midline, 18 inches inferior to the base of the neck, 36 inches above the right heel. Direction: Front to back direction in a 30 degree angle downward with minimal deviation, right to left 64” 45” 36” 000439
- 264. Entrance Exit Directionality 000440 Karen GreenWound # 3 Obliquely oriented 1-1/2 inch linear abrasion above the left eye on the forehead at the hair line 000441 Entrance Exit Directionality ~ REPORT OF FORENSIC LABORATORY EXAMINATION MATERIAL SUBMITTED: Item 63: Buccal standard from Leonard Price EXAMINATION REQUESTED: Deoxyribonucleic Acid (DNA) Analysis for comparison to Laboratory number 07-C-09012, report number 2.• Items 32.1 (swab from red gym backpack), 40.3 (vaginal swabs from Tracy Smith and 40.6 (external genital swabs from Tracy Smith RESULTS OF EXAMINATION: Human DNA was extracted from Item 63. Polymerase Chain Reaction (PCR) analysis was conducted at the polymorphic Short Tandem Repeat (STR) loci 0351358, vWA, FGA, D8Sll79, D21Sll, Dt8S51, 05881.8, D13S317, D7S820, D16SS39, THOl, TPOX. and CSFlPO along with the gender specific locus, amelogenin. The results are as follows: The male DNA profile ftorn Jtem 32.1 does not match Leonard Price No DNA foreign to TracySmith or Leonard Price was found on
- 265. Items 40.3 or40.6. Date of Completion: January 23, 2008 ~~ Forensic Scientist Specia.list I Unless otherwise noted in the report, this evidence is available for release. ...... , .... _ , .... - ......u .JU L .JU""t "'tULJ. "T ~IH IC. l""UL...1.JC. Central Lab~ry Branch TITLE OF INVESTIGATION: VICTIM: SUSPECT: EVIDENCE SUBMITTED TO: EVIDENCE SUBMITIED BY: EVIDENCE RECENED FROM: r EXHIBITS FOR EXAMINA TION: G) One Comfort Plus empty earplug bag. DISPOSITION OF EVIDENCE: All items are being returned to Kentucky State Police Post 4. 9/19/2007 Date ofReport FOUOILES. I of I PageNumb~r Report by: Latent Analyst - 000649 0293-07-C/0032-97616 FOROFFICIALUSE ONLY EXHlet LAWENFORCEMENlSENSJTIVj SUPPLEMENTARY REPORT A.F.I.S. SECTION - LATENT UNIT KENTUCKY STATE POLICE Murder Tracy Smith Karen Green Unknown A.F.r.s~ BRANCH
- 266. 1250 LOUISVILLE ROAD FRANKFORT,KY 40601 Detective Larry Walker Kentucky State Police Post 04 Sgt. H. S. Hall 09-19-07 -11:11 Hrs CASE NO. 4-07-0722 A.F.l.S. ID.07-7-0862A PROCESSING and EXAMINATION: Exhibits (G) was processed for the possible recovery oflatent prints. Through this examination no latent prints of value for comparison were developed. Re iewed By · 04-07-07Z2 VOL II - tJfr/) . .,_..., ..,.., Kentucky State Police Evidence Recovery Log Personnel C> .~ I 0 -..J I C> -..J N N 1 2 3 Bathroom 901 Sink 901 901 901 ~•
- 267. Date: ,.__, Case Number:I = Log Preparer: -., Assistants: '. = ';"' Location: .. c-> - ..- - ,..,., Rinevville, Kentuckv 40162 September 11, 2007 04-07-0722 :.. , ~ <- . > en -c : n <: ...., 4 0= t'"i = r- Boy's 901 901 Bedroom = H> H:t:: " ,..,, - 5 I 7!: -n- :> Victim's Purse on Kitchen T able Rear Patio Door Rear Patio Door 901 901 901 901 901 901 = ~ ~= - 'J -= "T -..:::: 6 " " ' - i:~ ::::
- 268. <f> r ,..,,-· z U) ~- !...;__ - ' - , ~ r1 7 >; Item No. Description Plastic Ear Plug Packaging Bullet Fragment Bullet Fragment Bullet Fragment Eight pieces of Paper Documentation Door Jamb Sample Window Shears with Blood Stains Where Found East Perimeter Fence Rear Patio Door Found By U/587 901 Collected Time 1917 HRS 1931 HRS 1948 HRS 1951 HRS 2041 HRS 2044
- 269. HRS 2126 HRS Photo Y/N Yes Yes Yes Yes Yes Yes Y es Marking D/I Packaging Method PlasticBag Tin Container Tin Container Tin Container Evidence Envelope Brown Evidence Collection Baa Brown Evidence Collection Bag Misc. Comments By 1 000619 c:::> • c.o .., ....., I "::::> Kentuckv State Police Evid R' - 2211 Yes HRS 2219 Yes HRS 2222 Yes HRS
- 270. 2238 Yes HRS 2242Yes HRS L .,, Evidence. Envelooe Evidence Envelope Evidence Envelope Evidence Envelope Evidence Envelope - ,.~ ,....., ·- ) __, 9 I Control Sample 901 901 Swab Swab with Blood Rear Patio 901 901 Samole Door ,..., 8 Dead Bolt Lock Rear Patio 901 901 and Strike Plates Door -.["'> :--. - =...,, ..., I u:> ._, =-c : n 0 """ 10 I 0 -..J I 0 -..J N N <! 0I t"i H H
- 271. ~· - Ii--c ~- ( " - . . . . -> 11. 11 Swab with Blood Boy's 901 901 Sample Bedroom Door 12. 12 Swab with Blood Boy's 901 901 "? • o• '.> I .,I '. ,, I ~·· I 'I _, -;., ; •.::'f: Cl r- 1 r -<".I -~ .... - ..,,, --". ,..-cc I .><' -. Sample Bedroom Wall ~~~ 2 000620 ~ "'::> • ';_; Location: ·~ I · <= ~Log Preparer: · ~ssistants: Description Carpet Sample with blood spots Bullet Fragment Motorola Razor Cell Phone with Charqer Samsung Cell Phone
- 272. Wash Cloth Dish Towel KentuckyState Police Evidence Recovery Log Personnel =,, ::: ~ ,...-- ,...., S ? V'> ~ 0 ~ I 0 -...J I 0 -...J N N <: 0 t"1 H H ~ C"- ~ .· I ., Master 901 Bedroom on Nightstand ·: Date : I c::> ,.. ~" -;-> Item = No. ~3 ~ :::n 14 15 16 17
- 273. 18 .... . x:•. ' .' J Rinevville, Kentuckv 40162 September 11 , 2001 ~ ase Number: 04-07-0722 Where Found Living Room, in front of couch Body of Deceased Canine Rear Bedroom of Victim #2 Found By 901 Dr. 901 Collected By 901 U/840 901 901 901 901 Time 2 2 4 9 HRS 2139 2251 ·HRS 2305 HRS 2335 HRS 2337 HRS Photo Y/N Y e s Yes Y es Yes Yes Yes
- 274. Marking D/I Packaging Method EvidenceEnvelope Evidence Tin Evidence Envelope Evidence Envelope Evidence Envelope Evidence Envelope Misc. Comments Collected at the Elizabethtown Animal Hospital Bathroom Sink Kitchen Sink 901 901 3 000621 IN THE CHANCERY COURT FO~ MONTGOMERY COUNTY, TENNESSEE TRACY DANIELLE SMITH COMPLAINANT Social Security Number vs. Social Security Number COMPLAINT FOR AN ABSOLUTE DIVORCE The Complainant would most respectfully show to the Court I. STATISTICAL INFORMATION .. ) ) ) ) ) ) ) ) ) ) 0Z93-07 -CI003 Z-97616 F.OUO/LES ) Docket No.: lt/ ) ~· ·"?'.., , BRENT ANDREW SMITH DEFENDANT
- 275. Pursuant to theprovisions of T.C.A. 36-4-106, the Complainant submits the following statistical information: COMPLAINANT: 1. Full Name: Maiden Name: 2. Race: 3. Address/Residence: 4. Length of Residence: 5. Date and Place of Birth: 6. Employment: 7. Number of Prior Marriages: 8. MemberofArmedForces: DEFENDANT: 1. Full Name: 2. Race: 3. Address/Residence: TRACY DANIELLE SMITH Jennie.Stuart Medical Center One No BRENT ANDREVv SMITH U.S. Army None Yes 4. LengthofResidence:· 5. Date and Place of Birth: 6. Employment: 7. Number of Prior MarriG1ges: 8. Member of Armed Forces: ... , t VOL "'II - ).ff 000651 .~r~) .. ·.· ·,·~. . . : · DATE AND PLACE OF MARRIAGE: DATE AND PLACE OF SEPARATION: CHILDREN BORN OF THIS MARRIAGE: Eion Michael DOB: 11-11-02 Raegan Aubrey DOB: 07-01-05
- 276. GROUNDS: 1. Irreconcilable Differencesexist between the parties; 2. Defendanthasbeenguiltyofinappropriateconduct; 3. Defendaht has been guilty of cruel and inhumane treatment; 4. Defendant'hasbeenguiltyofadultery. IL . 1. Complainant is a resident of Montgomery County, Tennessee and has been r aresidentofMontgomeryCounty,Tennesseeformorethansixmonths priortothefilingOf this divorce action. 2. This Honorable Court has jurisdiction to hear this matter. 3. Complainant has not participated in any other litigation nor is there a pending action anywhere concerning the ·custody of the parties' minor children. Further, Complainant does not know of any person not a party to this proceeding who claims to have custody or visitation rights with respect to the subject children. 4. Complainant would show that there is not at present an Order of Protection pending regarding the parties. 5. Complainant would show that she is th.e fit and proper person to have the primary residential care and control of the parties' minor children, both temporary and permanent. 6. Complainant would show that the Defendant shou1d pay child support pursuant to Tennessee Child Support Guidelines, both temporary and permanent. r SMITH 02-16-02; Adams County, IL. Not yet separated FOROFFICIALUSE ONLY EXHIBI LAW ENFORCEMENTSENSITIYE SMITH
- 277. VOL II -~9 000652 0193-07-Cl803Z-97616 FOUOIL£S 11'f/" .... D293-07-CID032-97616 ,-:-.., '... I : ·. ·.: a Restraining Order restraining ~he Defendant from returning to the marital home located at Clarksville, TN 37042, and from removing the ~hildrenfrom the daycare or the Complainant's care. In support thereof, Complainant would show as follows: a. Defendant has an anger control problem and a bad temper and has progressively gotten worse. b. Defendant is irrational and emotionally unstable at the present time. c. An incldenttook place atthe marital home, , Clarksville, TN 37042, on Saturday, May 27, 2007. At that time, the Defendant became enraged and mad and attempted to keep Complainant from leaving the home. Complainant attempted to leave to keep the verbal abuse that h~ wa~ displaying toward her from escalating into physical violence. Complainant could see by the look in his eye that Defendant was becoming progressively agitated and she knew he was at his breaking point. Complainant got dressed and attempted to 0 leave. Defendant took her car keys and said, "You are not going anywhere • · Complainantthreatenedtocallthepolice. Atthattime,Defendantgaveherthecar keys. Complainant got in the car. Defendant began tapping on her car window. Complainantwasterrifiedatthattime. Defendantthenstatedthathewasgoingto call the police. Complainant tried to exit the driveway.
- 278. Defendant got inhis van and began to follow her. Complainant called 911 and drove to the Clarksville Police Departmenttoseekassistance. Defendantwentbackhome,madeupastory,and ·.!~ ·~.: .; 7. Restraining Order. Complainant requests that this Honorable CourfiQdiA~S ·-·.. -·····- ··--·-·..·----·--· --·....~....-;;..,..........- ..•...... ·.·--·- ...- ..:. • l called 911 stating that Complainant had hit him. d. Defendant serves with the Military Police on Ft. Campbell and ": FOROHltlAl USE DNL y LAW ENFURCEMENTSfNSITIVE ~ VOL II - 'J-1~ 000653 EXH/BJ ~:~ !.:· ;: ,. ... j c. lef?"' .··.~·, ·:-=· l understands police procedures. e. During this May 27. 2007 incident, Defendant told Complainant that. "AU I have to do is call the police and tell them that you hit me". f. When Complainant spoke to the police on t~is occasion, she
- 279. told the policethatshedidnotstrikeDefendant. Thepolicebelievedherandtheydidnot issueany citation to Complainant. g. Defendant's First $ergeant ordered that Defendant be placed into the barracks. ComplainantfearsthatwhenDefendantisreleasedfromthebarracks, he will return home and irreparable injury will occur to her and the parties' minor children. h. Defendant then told Complainant that he would take the children and move to Illinois. i. Defendant has told Complainant on many occasions that he was going to make her life a living hell. j. Approximately two years ago, when the parties were stationed at Ft. Knox, the Defendant became mad, enraged, and belligerent and drove his hand into the bathroom door. Complainant is fearful of the Defendant when he gets in that type of k. I. thegrocerystore,Defendantseemedagitated. Defendantwa~holdinghisgunand twirling it around on his finger. This was very intimidating to Complainant. 13. Defendant carries a gun on the job and has several guns at home. 14. In April 2007, Complainant found e-mails to the Defendant from another female. When she confronted Defendant, he got into his earand drove off . TT - :Ltf/ rage. FOROFFICIALUS£ ONLY EUJIBI; ..
- 280. LAW ENFORCEMENIS[NSITIVE ·; '· i .. ~ Approximatelythrae weeks ago when Complainant came home from -····· ····--.-·-·--··. -····-·----·-··-···-··-·-·--· 0293-07-CI0032-97616 FOUO/LES 000654 j i I ! : f :<!'!"" . 0293·07·CI003Z-97f16 .· . quickly. Laterthatnight,herfriends, ,receivedap~A~&llES callfromtheDefendant. Defendantstatedtothemthathewasdrivingfastandwas consideringkillinghimseif. ThecouplecalledComplainantandinformedherofthis. · Complainant then called Defendant and attempted to calm him down. o. Approximately. three weeks ago, Defendant went to the neighbor, home. DarleneinformedComplainantthatDefendanthadcometo .. her home and stated that he could ·kill.everybody and it wouldn't bother him in the least. p. OnMay26,2007,Complainantwenttothe movies. Defendantwaited . outside a friend's houf?.e until the Complainant returned. Defendant was asking friends and neighbors about Complainant's activities and whereabouts. Complainant believes that Defendant may have been following her.
- 281. q. Complainant greatlyfears for her safety, the safety o f her children, and the safety of others. r. Defendant has used bad judgment at work, to the extent that he has received two Article f5's. s. While Defendant was deployed to Egypt, he was sent back home . .. t ~ l t because it was alleged that he had a mental issue and that he had threatened to kill .• f. a Lieutenant. t. .. Defendant was on medication while in Afghanistan. (:' ~ Defendant has room and board in the barraCks on Ft. Campbell and .. . R0rrIcI:,,Lls~ D~L( >x;1I8j i=. u. canstaythere. . ,r~c·111 L r ;; ·: :,- ' Fo and restrained from removing the children from the daycare or the Complainant's LA'ii ENFoRclYit ri 1 ,,•,.i 1 v. Complainant fears that unless Defendant is restrained from returning to the marital home located at , Clarksville, TN 37042, • VOL II' - A.Cf). 000655 r"' WHEREFORE, premises considered, the Complainant prays:
- 282. 1. That properprocess issue and be served upon the Defendant requiring him to answer this Complaint within the. time allowed by law, but that his oath to answer is hereby waived, and in the alternative, that publication issue; and 2. That ·this Honorable Court jssue a Restraining Order restraining the Defendant from returning to the marital home located at , Clarksville, TN 37042, and restrain him from removing the children from the daycare or the Complainant's care; and 3. That the Complainant be awarded an Absolute Divorce from the Defendant . 4. That at a hearing of this there be an equitable distribution of the debts and personal property; and 5. That should the parties enter into a Marital Dissolution Agreement, the same be approved and n1c.sde an Order of lhis Court; and 6. That the Parenting .Plan as presented by the Complainant be approved and made an order of this Honorable Court; and 7. That at a hearing of this cause, the Complainant be awarded the primary residential care and control of the parties' minor children, -both temp'?rary and permanent care, that irreparable and immediatel y harm will come to her and/or the parties' minor children. THIS·1s THE FIRST APPLICATION FOR EXTRAORDINARY RELIEF. I and restored to all the rights and privileges ofan unmarried person; and ! r- with the Defendant paying unto the Complainant a reasonable amount of child support, both temporary and permanent; and FOROFFICIALUS£ ONLY fXffJB 1 LAW £H(~RCEtl.£NTSEHs1j1vr VOL II - ')/i~ 000656
- 283. ·~ 0293-07-CIDD32-97fiio f 1JH.D.tL B i I ! > ..··-.., ! :.'~') :' ...:.·, .. 8. That at a hearing of this cause, the Defendant be ordered to pay spB>~i~ES support, both temporary and permanent; and 9. That at a hearing of this cause, the Defendant be required to pay the Complainant's attorneys fees; and 10. That at a hearing of this cause, the Complaina nt have all such other different and general relief as to which she may show herself entitled. STATE OF TENNESSEE COUNTY OF MONTGOMERY I, TRACY SMITH hereby make oath in due form of law that the statements contained in my foregoing bill are true and correct to the best ofmy knowledge, infonnation and belief and that my complaint is not made out of levity or by collusion with the Defendant, but in truth and sincerity for the causes mentioned therein. My Commission Expires: ~P?fiDH •j 0293-07-Cl003 2-97616 SWORN TO AND SUBSCRIBED before me, this the X> day of [Yl~ 2007. NOT. ~ SMITH
- 284. .... .. . •.. ~- ·. FOROFFICIALUSl UtllYEXH181 l A.I ENF0RCEMEN1SENSITtr£ .. 2 VOL II 000657 .• -~ ~ ... ~ ~ ,. r IN THE CHANCERY COURT FOR MONTGOMERY COUNTY, TENNESSEE A T CLARKSVILLE TRACY DANIELLE SMITH Plaintiff, vs. BRENT ANDREW SMITH , Defendant . ) ) ) ) Docket No.: ) ) ) Ol9~·07·CI0032-97616 F~U~Jl£S :::;J· ·,-;:;:;r5~·~X'SEs:_o7 ._...__ - - !.'-··- ED/.. :>··.. ',-·..:R.-:;:;, :i.; MARITAL DISSOLUTION AGREEMENT . f i i THIS AGREEMENT is made and entered into between TRACY DANIELLE SMITH hereinafter referred to as WIFE, and,
- 285. BRENT ANDREW SMITH, hereinafter referred to as HUSBAND, on this the J3rol day or_Jb~u=--J~~-----'2001. RECIT ALS WHEREAS the P~es were manied on February 16, 2002, and have two minor children born ofthis marriage, whose names and dates.ofbirth are as foJJows: EION , and RAEGANSMITH , and whom are hereinafter referred to as the "CHILDREN". . SMITH . WHEREAS the Parties have experienced continued differences and difficulties in their marriage, as a result of which the WIFE has filed for Divorce in the Circuit Court for Montgomery County, Tennessee; and WHEREAS the Parties have no reason to believe they will reconcile; and WHEREAS the Parties desire to enter into an Agreement which settles their rights and responsibilities, thereby avoiding unnecessary conflict for themselves by proceeding with an .. · Yainn,c,AL us[oNLr q.~,,a.i1' ,,,.. ... (' · ll~Wl lfllilllllffiu:tfWill~rl~tf1-ll&'l1lrf11V'f WHEREAS the Parties have been fully and independently apprised oftheir respective rights mcontested divorce; and nd ohligations with respect to their marital relationship, and each has been Informed fully ~fthc VOL I I - )-1f., 000658 r other's assets, property, income and prospects; IT IS THEREFORE AGREED between the Parties that the following settlement ofproperty
- 286. and rights s~alItakeeffect upon execution ofthis document: AGREEMENT G29~-07-CID032-97616 F~UO/LES l. CONSIDERA TION: The consideration for this Agreement is the mutual promises and agreements set forth herein below, as per mutual consent of the above referenced Parties. 2. CUSTODY: All issues relating to the minor children have been addressed in the shared Parenting Plan attached hereto as exhibit I . 3. ALIMONY, RETIREMENT. STOCKS, IRAs AND NAME CHANGE: r Neither party shall be awarded Alimony as it is not appropriate in this case. The WIFE does not wish to regain her maiden name. Each party shall be awarded.their individual retirement accounts. Wife waives any and all claims to Husband's military retirement benefits. 4. REAL PROPERTY: The Parties own no real property. 5. PERSONAL PROPERTY: The Parties have heretofore divided their personal property between themselves as indicated herein below: A. The following property shall be the WIFE's sole property, and all rights, title and interest ;ir-be divested from the HUSBAND and vested unto the WIFE to have as her's Lbsolutely: F8R0ffcIAl uSE 0Nl y ExHIB1 LAI ENfORCEMENTSEKSITIVE 1) Personal gifts given to WIFE -by HUSBAND. . VOL II - ')Ji1 000659 .
- 287. r 2) 3) Allo f WIFE's perso~al belongings that she came into the marriage 0293-07-C/D03Z-976t6 c·urrently owning at the time, including any clothing. All furniture and furnishings in the house with the exception ofthe c6unch, grill, lawn mower and equipment, laptop, nascar memorabllia, personal effects of husband, all guns, husband's car stuff and tools in garage. B. The following property shall be the HUSBAND's sole property, and all rights, title and interest shall be divested from the WIFE and vested unto the HUSBAND to have as his absolutely. I) Personal gifts given to HUSBAND by WIFE. 2) AU o f the HUSBAND's personal belongings that he came into the marriage currently owning at that time, including clothing. r. AUTOMOBILES: The WIFE shall be awarded the 1999 Chevrolet Camaro. The Wife shall assume any indebtednessowedonthisvehicleandshallholdtheHusbandharmless thereon. TheHUSBANDshall be·awarded the 2006 Cluysler Town and Country Van and shall assume any indebtedness owed thereon and shall hold the Wife harmless thereon. Jt is agret".d that each party shall be responsible for the insuranceontheirrespectivevehicles. TheWifeshallprovideprooftotheHusbandthathisnameis not on the loan for her vehicle. Should the Husband's name be on the loan, the WIFE agrees to refinance the vehicle to remove the Husband's name.from the vehicle Joan. The Hushand agrc:es to refinance his vehicle to remove the Wife's name from the vehicle loan. 7. ~ ....-
- 288. FOROFFICIALUSE ONLY EXHIBlLAW ENFORCUJ.CNJS£NSITIVE I be responsible for any debts in her individual name and hold the HUSBAND e Wife shall be responsible for the following marital debts: Citibank ueofCreditatFtKno~CreditUnion. TheWifeagreestoassumeany VOL I I - ACJX 000660 FOUO/lfS ~ indebtedness owed thereon and shall hold the Husband hannless thereon. 0293-07-CI 003 2-97616 The HUSBAND shall be responsible for the indebtedness owed to Star Card, DJ~JJih~t~er andshaHpaytheamountof$1000.00totheWifeashisportionoftheDis coverDebt. TheHusband agrees to assume all indebtedness owed thereon and hold the WIFE hannless thereon. The Husband s h a l l p a y s a i d $ I 0 0 0 . 0 0 t o t h e W i f e w i t h i n 9 0 d a y s o f t h e s i g n i n g o f t h i s a~eement. Each Party warrants that there are no charges on each other's credit that have not been fully revealed to the each other. Ifthere are unrevealed charges, the Parties agree to indemnify and hold each other harmless from any liability resulting from his or her respective failure to pay such accounts. Each party shall be responsible for their respective attorney's fees. 8. TAX EXEMPTION: AU issues regarding tax exemption are included in the Shared Parenting Pl~m as exhibit I. r:i. ENTIRE AGREEMENT: Each of the Parties shall execute, acknowledge, and deliver any and all instruments and documents in writing which shall reasonably be required for the purposes ofeffectuating the
- 289. provisions az:id intent ofthis Marital Dissolution Agreement I0. IT IS UNDERSTOOD AND AGREED: Subject to the provisions ofthis Marital Dissolution Agreement, neither Party shall, at any time after the:: execution ofthis Agreement, incur anydebt or obligation for which the other Party of I.heir e~t.alt1m1y be:: or hecorne liable: lfeither Party doe:; incur such a debt, they shall indemnify und hold the other harmless to the full extent ofthe amount ofthe debt, including interest, expenses, legal expenses, and attorney fees. I~ LAV USED: Except as may otherwise be expressly provided in this Marital Dissolution Agreement. :-Iusband and Wife each hereby waive, relea~.renounce, relinquish. and quitclaim all claims and rights VOL II - ~qq fOROFflCIALUSE ONLY EXHl81 LAii ENFORCEMENlSEflSITIVE 000661 ·r which either of them ever had, now has, or may hereafter have, to share in any capacity or to any extent whatsoever in the property or estate of the other, whether by way of statutory allowance, dower, distribution in intestacy, right ofelection against the will ofthe other. or otherwise under the present or future laws ofanyjurisdiction. Except as expressly reserved to the Parties in this Marital Dissolution Agreement, each Party by these presents does for himself or herself, and his or her heirs, legal .. representatives, executors, administrators and assigns, remise, rele~e and forever discharge the other ofall claims, causes ofaction, demands, and rights, in law or equity, which either Party ever had or now has against the other, except any and all causes ofaction
- 290. ofdivorce. 12. CONTEMPTOF COURT: 0293-07-CID032-97615 FOUO/LES In the event it becomes reasonable necessary for either Party to engage in legal proceedings to procure enforcement ofany provision ofthis Marital Dissolution Agreement, he or she shall also be f Honorable Court. 13. CAPTIONS: This Marital Dissolution Agreement constitutes the entire understanding ofthe Parties. There are no agreements of undertakings between them, other than those expressly mentioned in this Marital · Dissolution Agreem.~nt. Titis Marital Dissnhrtion Agreement supersedes and merges any and. all prior agreements between the Parties, including both oral and wrillen prior agreements. entitled to a judgment for reasonable expenses incurred in prosecuting such action including, but not limited to, attorneys fees and Court costs. The offending Party shall also be held in Contempt ofthis 14. MODIFICA TIONS: The Parties understand and agree that this Marital Dissoluti on Agreement is entered into w~~·"'utany undue influence, fraud, coercion, or misrepresentation, or for any reason no herein stated. Cbc Parties have beeu represented by their respective attorneys in connection with the negotiation and 1rcpardlion ofthis Marital Dissolution Agreement, and acknowledge that it is fair and equitable~and VOL II - )/JD 000662 FORDHICIALUSE DHLY EXHIBl LAii ENFORCEMENTSENS IT IVE f that it is being entered into voluntarily. Each Party agrees to abide by the provisions of this Marital
- 291. ~oissolution Agreement. I 5.BINDING AGREEMENT: · 0293-07-CIDOJ 2-97616 FOUO!LES This Agreement shall be binding upon and inure to the benefit of the Parties hereto, their personal representatives, heirs and assigns.. I6. DISCLOSURE OF ALL ASSETS: The Parties acknowledge that there are no assets owned by them, eitherjointly or individually, and that they have no interest in any assets, which are not reflected by the terms of this Agreement. The Parties warrant and represent that they have made full disclosure to each other ofall assets in which they have an interest. 17. VALIDITY: r~ In the event that any provision ofthis Agreement shall be held invalid by a Court of competent jurisdiction, such invalid provision shall not affect the other provisions ofthis Agreement, said . provisions being severable. 18. EXECUTING DOCUMENTS: It is understood and agreed between the Parties that, as part ofthe consideration for the execution ofthis Agreement, each Party shall willingly execute and deliver any and all instruments necessazy or required in order to implement the terms ofthis Agreement. 19. BANKRUPTCY: Whenever one Party is required by the terms of this Agreement to assume full responsibility for payment o f certain debts and/or indemnify and .hold the other Party harmless from any liability ~~from, such obligation shall be deemed to be a support obligation pursuant to 11 U.S.C. 523(a)(5), which is not dischargeable in Bankruptcy as to the other Party. w. MODIFICATION WAIVER:
- 292. FOROFFICIALUSE DNlY fXHIBILAW ENFORC£M£NTS£NS IT /VE VOL..II - JOI 000663 f This Agreement may be altered, amended or canceled only by instrument in writing signed by each o f the Parties, and this requirement cannot be waived by oral agreement. 21. NON- INTERFERENCE: FOUO/LES It is agreed by and between the Parties that each Party shall be free from interference, authority andcontrol,directorindirect,bytheotherasfullyasifheorsheweresin gleandunmarried. Itis further agreed that neither Party shall molest or threaten or harass the other, nor shall he or she compel or endeavor to compel him or her to cohabit or dwell with him or her. 22. TAX EXEMPT STATUS: This Agreement is a transfer ofappreciated property between spouses in connection with a divorce, and is not a sale or exchange or other disposition, but represents a division ofproperty by co- owners. r.J. NO TAX ADVICE: The Parties acknowledge that neither ofthem are relying upon any tax advice from his or her respective attorney, and that said attorneys have expressed no expertise regarding the tax ramifications or tax consequences arising out ofthis Agreement Each ofthe Parties have been advised by their attorneys to seek tax counseling regarding the consequences ofthis Agreement from their own accountant or tax attorney, and each ofthe Parties acknowledges that he or she has had an opportunity to do so. 24. TORT CLAIMS: HROFF IcIAL usr nNL y ExIf Ifl 1
- 293. LAW fNrORCE~f~TSENSITIVE TheParties further agree that by executing this Marital Dissolution Agreement that each is releasing, discharging and forever barring any possible tort claims which he or she may haye against ~ther, including those that could arise from contractual matters which are negotiated in this Mari~ Dissolution Agreement. The Parties understand that they are each forever barred from raising any tort :!aim, or tort claim arising from contractual matters in the future, out ofany matters which were VOL II - ~/);}- 000664 0293-07-Cl0032-97818 r incurred in this marriage, or which may have been incurred in the process ofthi-s divorce action. 25. ACKNOWLEDGMENT: The Parties acknowledge that the HUSBAND and WIFE are Tennessee residents. Neither personalserviceorprocess,norserviceofprocess·bypublicationshal lberequired. Thesigningofthis ... Marital Dissolution Agreement by both Parties before a Notary Public shall be in lieu ofservice of process, and shall constitute a general appe~ancebefore the Court which shall give the Court personal jurisdiction over the WIFE for the purpose ofgranti ng a divorce on the grounds ofIrreconcilable Differences. WITNESS THE SIGNATURES ofthe Parties on this the )jn;![day of JU)1ff 2007. STATE OF TENNESSEE ) ) COUNTYOFMONTGOMERY ) 02·93·07-ClOOJZ-97616 FOUO/LES FOROFFICIAL USE U·tY ElH18J LAl tNf PHCff.[H5'EllSrflH. PERSONALLY APPEARED before me, the undersigned, a Notary Public in and for said State and County, TRACY
- 294. DANIELLESMITH , oneofthe within named bargainers, with whoni I am personally acquainted, and who acknowledged that he executed the foregoing instrument for the purposes therein contained. WITNESS MY HAND ~DSEAL, this thed3J.aay of_i.f&.,u:f- 1"'"'-A,c:;.~/-~:-. My Commission Expires: SMITH VOLII- j~) 000665 f STATE OF TENNESSEE COUNTY OF MONTGOMERY ) PERSONALL Y APPEARED before me, the undersigned, a Notary Public in and for said State and County, BRENT ANDREW SMITH ., one of the within named bargainers, with whom I am personally acquainted, and who ackn~wledgedthat she executed the foregoing instrument for the purposes therein contained. · WITNESS MY HAND AND SEAL, this the d~ayof-l.:=A-~-4- :=-'i.:; BRENT ANDREW SMITH ) ) My Commission Expires:_ _7!-1-)-~-'-0-1-}=-;s-4- 0.:.L.1/0...____ II 0293-07-CfOg~:-97616 F~Ddlr/l ES 'fiiiiirric!"ALUS~ ijNl·Y. friiieT If'.-,.r,.....,._,.''..,.'·~:~~r 1 TIIC VOLII- 30~ 000666
- 295. .. .. ··- . .:'~. .,,,., .., COMPL A IN A NT : 1. FullName: Maiden Name: 2. Race: 3. Address/Residence: 4. LengthofResidence: 5. DateandPlaceofBirth: 6. Employment: 7. Number of Prior Marriages: 8. MemberofAnned Forces: DEFENDANT: 1. FuU Name: 2. Race: 3. Address/Residence: 4. LengthofResidence:· ~· Date and Place of Birth: · .. Employment . 7. NumberofPriorMarriages: 8. MemberofArmedForces: TRACYDANIELLESMITH Jennie.Stuart Medical Center One No BRENT ANDREW SMITH r71 ....- ., .. IN THE CHANCERY COURT FOR MONTGOMERY COUNTY, TENNESSEE . > :·~ ...... FILED--l-,_,_D-4-~~-:-:-: ) TEDA. C~~~ TRACY DANIELLE SMITH COMPLAINANT ) )
- 296. ) Social SecurityNumber ) ) vs. ) Docket No.: -t./-ltf. ) av.:__~-2.1..~~=a::;=--~ BRENT ANDREW SMITH ) DEFENDANT ) --- }) Social Security Number ) COMPLAINT FOR AN ABSOLUTE DIVORCE The Complainant would most respectfully show to the Court: I. STATISTICAL INFORMATION Pursuant 1o the provisions of T.C.A. 36-4-106, the Complainant submits the following statistical information: ----= --P .M . .SPlt-{{lO p~ U.S. Army None Yes F0R0FrIcIAl usE0NLy £xHIB1 LAWENFORCEMENTSENSITIVE VOL I I ... 3~ 000667 /$'~ STATE OF TENNESSEE CHANCERY COURT (Must be completed) PERMANENT PARENTING PLAN ORDER 0 PROPOSED 181 AGREED O ORDERED BY THE COURT MONTGOMERY COUNTY(Must be completed) FILE NO. M 414 ' (""" o modifies an existing Order da'ted Type Date. Child's Name
- 297. PLAINTIFF (Name: First,Middle, Last) TRACY DANIELLE SMITH f8I Mother 0 Father (Name,_-· LODGI:: DIVISION PLEASE TYPE COUR1T DIVISION D BRENT ANDREW SMITH i~ c}_ T ' "1 :3'9-1 DEFENDANT o Mother th · 'i The mother and father will behave with each other and each child so as to provide a loving, stable, consistent and nurturing relationship with the child even though they are divorced. They will not speak badly of each other or the members of the family of the other parent. They will encourage each child to continue to love the other parent and be comfortable in both families. Qi 9l - o7- C 1oo3 2- g7616 This plan EION RAEGAN 181 is a new plan. F~U91l ES o modifies an existing Parenting Plan dated Type Date. Date of Birth 11-11-2002 7-1-2005 . ne (81 mother 0 father shall have responsibility for the care of the child orc ildren~e:*~pt at the following times when the other parent shall have responsibility: From Fridayat6:00p.m. toSundayat6:00p.m. VOL I I SMITH SMITH I. A. RESIDENTIAL TIME WITH EACH PARENT The Primary Residential Parent is Mother. RESIDENTIAL PARENTING SCHEDULE Under the schedule set forth below, each parent wiil spend the
- 298. following number ofdays with the chilrlren: Mother 248 days Father 117 da.ys. 8. DAY-TO-DAY SCHEDULE '{DROFFICIAl usr D~t y r ,. 'h'··.YHIB1 t . f l ! i " ' ! " . . · l A ~ f I i r f 1 f f r ~· -JO(,, o every week -o every other week ~ other: Father shall have visitation three weekends oer mnnth tn he -:arw,.,..,..,, ··--- r. . • •• 000668 The other parent shall also have responsibility for the care of the child or children at the additional parenting times specified below: From Enter Additional Start Day and Time to Additional Other End Day and Time o every week o every other week o other: Enter Additional Information. This parenting schedule begins f8I August 1. 2007 or o date of the Court's Order. C. HOLIDAY SCHEDULE AND OTHER SCHOOL FREE DAYS Indicate if child or children will be with parent in ODD or EVEN numbered years or EVERY year. MOTHER FATHER New Year's Day odd Martin Luther King Day Presidents' Day Easter Day(unless otherwise· coinciding with Spring Vacation) Passover Day(unless otherwise coinciding with Spring Vacation) Mother's Day Memorial Day (if no school) Father's Day July 4th Labor Day Halloween Thanksgiving Day & Friday Children's Birthdays Other School-Free Days Mother's B'irthday Father's Birthday Other: Enter Any Other Spe6ial Days A holiday shall begin at 6:00 p.m. on the night preceding the holiday and end at 6:00 p.m. . the night of the holiday, unless otherwise rioted here _ _
- 299. .. D. FALL VACATION(Ifapplicable) 0293-07-C/0032-97616 FOUO/LES The day to day schedule shall apply except as follows Father to have every Monday to Friday beginning 2007. E. WINTER (CHRISTMAS) VACATION FORDFFICIHUSE ONLY EXHISI LAHNFORCEMEtHSENSITIH Theo mother 181 father shall have the child or children for the first period from the day and · ~eschoolisdismisseduntilDecember26at2:00oa.m.f8Ip.m.".~iriod d-numbered ,cars o in even-numbered years o every year. The other parent will have the child or children for the second period from the day and time indicated above until 6:00 p.m. on the evening before school resumes. The parties shall alternate the first and second periods each year. 000669 VOL II - ~1;()1 r Other agreement of the parents: Should the Father be deployed. the Father's grandparents shall exercise his visitation four weeks in the summer and Easter, Thanksgiving, and Christmas visitations~ The Father shall not allow the grandparents to tff!"'. ~ The place of meeting for the exchange of the child or children shall be The MOther and Father are to split transportation for two weekends per month and all holiday visitations ·and the Father shall provide transportation for the third weekend each month. Payment of long distance transportation costs (if applicable): o mother o father l8I both equally.
- 300. Other arrangements: __ If a parent does not possess a valid driver's license, he or she must make reasonable transportation arrangements to protect the child or children while in the care of that parent I. SUPERVISJON OF PARENTING TIME (If applicable) o C~eck if applicable .. Supervised parenting time shall apply during the day-to-day schedule as follows: o Place: Type Location of Parenting Time. o Person or organization supervising: Type Person or Organization Supervising o Responsibility for cost, if any: o mother o father o both equally. have the children around F. SPRING VACATION (If applicable) The day-to-day schedule shall apply except as followsFather to have everv Monday to Friday beginning 2008. G. SUMM~R VACATION FoUO/l Es The day-to-day schedule shall apply except as follows: Father to have eight weeks in the s·ummer. The Mother shall have the week after school is dismissed and the week before schoolresumes. TheMotherandFatheraretoagreeontheremainingeightweeks. ·Should the parties not be able to agree. the Father shall have four consecutive weeks following the first week with the Mother and shall have the four week period before the Mother'sweek·priortoschoolresuming beginning2008. Is written notice required? o Yes l8I No. If so, number of days. H. TRANSPORTATION ARRANGEMENTS J. OTHER . -~(.? , .. The following special provisions apply: in Rine·~
- 301. After 60 days,the Mother shall have her own residence. Shou~the child n develop allergies, they shall be allergy tested. If the results confinn that the babysitter's pets are ~he source, the Mother shall enroll the minor children in daycare. The Mother and Father · r .;hall agree prior to the MOther moving the childcare other than a daycare. II. DECISION-MAKING A. DAY-TO-DAY DECISIONS FOROFFICIAL USE DNL Y EXH18T LAW ENFORCEMENfSEHSI r llE VOL II - 3DD 000670 0Z93-07-CI003 2-97616 r "" Each parent shall make decisions regarding the day-to-day care of a child while the child is residing with that parent, including any emergency decisions affecting the health or safety of a child. · .. 8. MAJOR DECISIONS Major decisions regarding each child shall be made as follows: Educational decisions Non-emergency health care Religious upbringing Extracurricularactivities Enter other information A. CHILD SUPPORT Father's gross monthly income is $ 2900.00. Mother's gross monthly income is $ 2244.00. o mother o mother o mother o mother . o 0 D 0 0 father father father father father ~joint 181 joint 181 joint 181joint o joint 1.
- 302. The final childsupport order is as follows: a. The o mother ~ father shall pay to the other parent as regular child support the sum of $650.00 o weekly 181 monthly o twice per month o every two weeks. The Child Support Worksheet shall be attached to this Order as an Exhibit* If this is a deviation from the Child Support Guidelines, explain why: The parties acknowledge that this is a deviation upward in .the guideline, in order to provide for the children. Should the Mother enroll the children in daycare. the Father shall pay the amount of $750.00 per month so long as the children are in daycare. o mother Ill. FINANCIAL SUPPORT 2. Retroactive Support: A judgment is hereby awarded in the ainount of $Amount to o mother o father against the child support payor representing retroactive support required under Section 1240-2-4.06 of the D.H.S. Income Shares Child Support Guidelines dating from Please Type Date of Child Support Start which shall be paid (including pre/post judgment interest) at the rate of $Please Tvpe Rate of Payment per o week o month o twice per month o every two w~eks until the judgm~nl is paid in full. 3. Payments shall begin on the 1st day of August, 2007. Thissupportshallbepaid: F0R0FFIcIALusEDNLy ExHIB1 ~ directlytotheotherparent LA11 rNroRcEMrNr5ENs1r1·1£ o to the.Central Child Support Receipting Unit, P. 0. Box 305200, Nashville, Tennessee ("" 37229, and sent from there to the other pareril at:Please Type Address of Receiving Parent . A Wage Assignment Order is attached to this Parenting Plan o by direct deposit fo the other parent at Please Type Name of Bank Bank for deposit in account no~ Please Type Account Number. ]IJd000671 oother.PleaseEnterAnyOtherlnfonnationHere. VOL II - f .FGUO'LES
- 303. ' ("" The parentsacknowledge that court approval must be obtained before child support can be reduced or modified. •child Support Worksheet can be found on OHS website at http://www.state.tn.us/humanserv/is/incomeshares.htm or at your local child support offices. r The o mother o father may claim the exemptions for the child or children so long as child support payments are current by the claiming parent on January 15 of the year when the return is due. The exemptions may be claimed in: o alternate years starting Type Start Date o each year o other: _ _ The 181 mother 181 father will furnish IRS Form·8332 to the parent entitled to the exemption by February 15 of the year the tax return is due. · C. PROOF OF INCOME AND WORK-RELATED CHILD CARE EXPENSES Each parent shall send proof of income to the other parent for the prior calendar year as follows: • IRS Forms W-2 and 1099 shall be sent to the other parent on or before February 15. 8. FEDERAL INCOME TAX EXEMPTION. The 181 mother 181 father is the parent receiving child support. The Mother shall claim the following children: Eion SMIT H The Father shall claim the following children: Raegan SMITH 0Z93-07-CID03 Z-97815 FOUOILES • • A copy of his or her federal income tax return shall be sent to the other parent on or before April 15 or any later date when it is due because of an extension of time for filing.
- 304. The completed formrequired by the Department of Human Services $hall be sent to the Department on or before the date the federal income tax return is due by the parent paying child support. This requirement applies only if a parent is receiving benefits from the Department for a child. The parent paying work-related child care expenses shall send proof of expenses to the other parent for the prior calendar year and an estimate for the next calendar year, on or before f- ebruary 15. D. HEALTH AND DENTAL INSURANCE Reasonable health insurance on the child or children will be: o '81 o maintained by the mother maintained by the father maintained by both · ..,.Proof of c-.ontinuing coverage shaJI be furnished to the other parent annually or as r overage changes. The parent maintaining coverage shall authorize the other parent to consult with the insurance carrier regarding the coverage in effect. ,FOROffICIAlUSE 0tal £XHIB1 l H £NF~llCEll.ftllS£NSlllil~ 000672 ·NOTE TI'1e chilcJ suμμml schedule e:1ssurnμliuns in lhe uuicJt11inl:!S (1240-2-4-.03 (6)(b)) assume that the 'J J.i r"" Uncovered reasonable and necessary medical expenses, which may include but is not limited to, deductibles or co-payments, eyeglasses, contact lens, routine annual physicals, and counseling will be paid by 181 mother l8I father o pro rata in accordance with their incomes. After insurance has paid its portion, the parent receiving the bill will send it to the other parent within ten days. The other parent will pay his or her share within 30 days of receipt of the bill. If ·available through ·work, the o mother 181 father shall maintain dental, orthodontic, and optical insurance on the minor child or children.
- 305. "' c ,.,... ( . E. LIFE INSURANCE 0293-07-C/·D03Z-976t6 FOUOIL£S Ifagreed upon by the parties, the o mother o father o both shall insure his/her own fife in the minimum amount of$ by whole fife or term insurance. Until the child support obligation has been completed, each policy shall name the following as sole irrevocable primary beneficiary: o the other parent, o the other parent, as trustee for the benefit of the children, to serve without bond or accounting, o other Type Other Information. IV. PRIMARY RESIDENTIAL PARENT (CUSTODIAN) FOR OTHER LEGAL PURPOSES The child or children are scheduled to reside the majority of the time with the 181 mother. o father. This parent is designated as the primary residential parent also known as the custodian, SOLELY for purposes of any other applicable state and federal laws. If the parents are listed in Section II as joint decision- makers, then, for purposes of obtaining health or other insurance, they shall be considered to be joint custodians. THIS DESIGNATION DOES NOT AFFECT EITHER PARENT'S RIGHTS OR RESPONSIBILITIES UNDER THIS PARENTING PLAN. V. DISAGREEMENTS OR MODIFICATION OF PLAN Should the parents disagree about this Parenting Plan or wish to modify it, they must make a good faith effort to resolve the issue by the process selected below before returning to Court. Except for financial support issues including child support, health and dental insurance, uncovered medical and dental expenses, and life insurance, disputes must be submitted to:
- 306. 181 Mediation bya neutral party chosen qy the parents or the Court. o Arbitration by a neutral party selected by parents or the Court. o The Court DUE TO ORDER OF PROTECTION OR RESTRICTIONS. The costs of this process may be determined by the alternative dispute process or may be assessed by the Court based upon the incomes of the parents. It must be commenced by notifying the other parent and the Court by o written request ~ ce1tified mail o other. Please Type Othef lnfonnation In the dispute resolution process: - · FOR OFF IC I ! t Us C DHL Y £X H1B1 lA WENFORCEMENTSEHSITIH A. Preference shall be given to carrying out this Parenting Plan. 8. The parents shall use the process to resolve disputes relating to implementation of the Plan. · C.. A written record shall be prepared of any agreement reached, and it shall be provided to each parent. · VOL I I - 3/ 000673 r D. If the Court finds that a parent Willfully failed to appear without good reason, the Court, upon motion, may award attorney fees and financial sanctions to the rights: prevailing parent. ~ I, VJ. RIGHTS OF PARENTS Under T.C.A. § 36-6-101 of Tennessee law, both parents are entitled to.the following (1) The right to unimpeded telephone conversations with the
- 307. child' at leasttwice a. week at reasonable times and for reasonable durations; (2) The right to send mail to the child which the other paren! shall not open or censor; (3) The right to receive notice and relevant information as soon as practicable but within twenty-four (24) hours of any event of hospitalization, major illness or death of the child; (4) The right to receive directly from the child's school any school records customarily made available to parents. {The school may require a written request which includes a current mailing address and upon payment of reasonable costs of duplicating.) These include copies of the child's report cards, attendance records, names of teachers, class schedules, and standardized test scores; (5) Unless otherwise provided by law, the right to receive copies of the child's medical health or other treatment records directly from the physician or health care proyider who provided treatment or health care. (The .keeper of the records may require a written request which contains a current mailing address and the payment of reasonable costs of duplication.) No person who receives the mailing address of a parent as a result of this requirement shall provide such address to the other parent or a third person; (6) The right to be free of unwarranted derogatory remarks made about the parent or his or her family by the other parent to the fitljl~r9r,in the Rresence ofthechild• cIAlIIsEDNly ExffIB' I lA./[IHPH[M[lllTSENSIT/Y[. (7) The right to be given at least forty-eight (48) hours notice, whenever possible, of all extra-curricular activities, and the opportunity to participate or observe them. These include the following: school activities, athletic activities, church activities and other activities where parental participation or observation would be appropriate; (8) The right to receive from the other parent, in the event the other parent leaves the state with the minor child or children for
- 308. more than two(2) days, . an itinerary including telephone numbers for use in the event of an emergency; (9) The right to ac~s and participation in education on the same basis that is provided to all parents. This includes the right of access to the child for lunch and other activities. However participation or access must be .reasonable and not interfere with day-to-day operations or with the child's educational performance. 0293-07-CI 003 2-97615 FOUO/LES VOL II -]/)- 000674 !1%" l' The Tennessee statute (T.C.A. § 36-6-108) which governs the notice to be given in connection with the relocation of a parent reads in pertinent part as follows: If a parent who is spending intervals of time with a child desires to relocate outside the state or mo;re than one hundred (100) miles from the other parent within the state, the relocating parent shall send a notice to the other parent at the other parent'$ last known address by" registered or certified mail. Unless excused by the court for exigent circumstances, the notice shall be mailed not later than sixty (60) days prior to the move. The notice shall contain the following: ( 1 } · S t a t e m e n t o f i n t e n ( t o m o v e ; (2) Location of proposed new residence; (3} Reasons for proposed relocation; and (4} Statement that the other parent may file a petition in opposition to the move within thirty (30) days of receipt of the notice. VIII. PARENT EDUCATION CLASS This requirement has been fulfilled by o both parents o mother o
- 309. father 181 neither.Failure to attend the parent education class within 60 days of this order is punishable by contempt. Under penalty of perjury, we declare that this plan has been proposed in good faith and is in the best interest of each minor child and that the statements herein and on the attached child support w.orksheets are true and correct. (A notary public is {eq,_ if this is a proposed plan by one parent rather than one agreed by both _09?.!~sr-ef1.~ ,_ L·:1 ' ' 4J I;,-. . '.. J..::. ({_, '. I "'"" P> .. Attorney for Mother 127 South Third Street Attorney for Father 301 Main Street Address 000675 O2 9 . 3 - a 7 - C I D n 3 Z - 9 7 6 1 6 f .JJU~ll£S . r· Clarksville. TN 37040 'Clarksville. TN 37040 Address Address Phone and BPR Number Note: The judge or chancellor may sign below or, instead, sign a Finl!JI Decree or a separate Order incorporating this plan. COURT COSTS (If applicable) Court costs, if any, are taxed as follows: Costs have been paid in this matter. ItissoORDEREDthisthe_ _ _ dayof_ _ _ _ _ _ __ ' -· Judge or Chancellor 0293-07~CID0~2-97616
- 310. FuUO!LES voL II -31~ 000676 PartI. Identification lndical1: the status ofeach parent or caretaker by placing an ·x· in the appropriate column PRP ARP .1. .J. SPLIT Name ofMother; Name of Father. Name of non-parent Caretaker: TCSES case #: . Docket#: Court name: Name(s) ofChild(ren) - BrentSMI TH . ...·--· . ~ . iX l ~· ; 'x Eion SMI TH Date o f Birth 1111112002 with Mother 248 Raegan SMI TH 7/112005 248 State o f Tcunc:ss.:c - Child Suppon Worksheet -... __ - 1 -- /··-·---------· ._ ·- - 117
- 311. I111 J !' I -- - - - · 1 ,! --- ~· .• ----- ... - ___J_--_L __ ----------- ..~ ------·-·------ Days Days with Father Days • with Caretaker I -·-- .......... -- .. .. I -----·-..·- ... - c - ... - ... - f I 1rt II. Adjusted Gross Income Use Credit Worksheet to calculale line ilcms Id· le l a lb l e Social Security Benefit for child ScJf-c:mploymcnt tax paid Subtotal I I J PartIll. Parents'·ShareofBCSO 4 4 a s Sa 6 7 BCSO allotted to primary parent's household Share o f BCSO owefl to prim81)' parent Each parent's average parenting time Equal parenting time Parenting time adjustment
- 312. Adjusted BCSO 0293-07-Cl00~£-S76t6 F O11 0 / L E S js o.oo 2 2a Combined Adjusted Gross lllt".nmr. ls_ 4794.50 Pen:cntage Share oflncnme (Pl) Monthly Gross Income s 2244.00 I+ 0.00 0.00 s 2244.00 349.50 0.00 $ 1894.50 ~o % ls 1101 oo s 0.00 NIA NIA s NIA $ 0.00 s 2900.00 t+ 0.00 0.00 s 2900.00 0.00 0.00 $ 2900.00 ls ooo s 66420 117 NIA s -124.95 $ 539.25 Id le Adjusted Gross Income (AGI) Credit for in·homc children Credit for not-in-home children I JI Mother/ Column Father/ Column AB Noaparent Caretaker Column C f O R O F F I C J A L U S E ONL Y
- 313. EXHIBJ L A VE H F O R t E M £ N T S U J S / T J Y E voL II - §i5" Noaparent 000677 r Part IV. Additional Expenses Mother f S 0.00 s 0.00 fS 0.00 ;-·o.-oo--- ~"--o--.o--o------l'-s-0-.00------ 1 Part V. Presumptive Child Support Order Modification ofCurrent Child Support Order 13a Current child support order amount for the payor parent 13b Amount required for significant variance to exist Ile Actual variance between current and presumptive child support orders s 0.00 s 0.00 $ 0.00 /s o.oo s 0.00 s 0.00 s 0.00 s 0.00 s 0.00 /s o.oo s 513.00 - ~rt VI. Deviations and FCSO IJcviations must be substantiated by writtetl findings in the Child 5upport Order 14 ts 16 Deviations (Specify): Final Child Support Order (FCSO) FCSO adjusted for SS benefit. Linc la, Obliger's column Sa Sb Sc Sd 9 10 It
- 314. Childrcn·s ponion ofhealth insurance premium. Recurring uninsured medical expenses Worl:-n:lated childcare • Payroll Dedueled Worl:-related childcare • Non-Payroll Deducted Total additional expenses Share ofadditional expenses owed Adjusted Support Obligation (ASO) s o.oo 12 Presumptive Child Support Order (PCSO) • Enter the difference between the gn:ater and smaller numbers from Linc 11. 0293-07-CIOJ~Z-97516 FOllO'LES fOROH!CIALUS£ ONLY fv l A"r''rP.ffA'f~· dl8' VOL II -:3/~ Reminder ··Linc 8d expenses an: to be paid by the child's PRP or either parent rn a 50-50 snuat1on Low Income? N Current Order Flat%? N (N=l5% Y=7.5%) (NN) A B Column F11thcr I Colu.nn / Caretaker I Column C s 65.53 --· ·-----.- -·- ·--·. ---..;,i---------l s o.oo s 0.00 s 2621 $ 2621 s o.oo s ss.53 $. 0.00 ls o.oo·----1 s0.00 OBLIGA TION $ 0.00 Is 513.oo $ 513.00-
- 315. Is o.oo ~ ri;[~~I'II': •-b---·"' 000678 r Part I. Identification State ofTennc.<;St."C • Crcdil Workshecl -··--·- --·-- -·-·-·_._--+---- Indicate ihe status ofeach parent or caretaker by placing an ·x· in the appropriate column Na.me o f Mother: Name ofFalher: Name ofnon-parent Caretaker: TCSES case#: Docket #: --1-_x •. _i_.. J___J Court name: PartII. AdditionalChildren Parent Income Information In-Hom~ Children 2 ls2900.00 Namc(s) ofChild(ren) for Father Not-ln-Home- Childrcn 7 8 9 Date o f Birth 3 4 5 6 ---.------- # fl $ 466.00 Is 349.so Namc(s) ofChild(rcn) for Father Name(s) ofChild(rcn) for Mother Date of Birth Manhow Pete 11113198 I.
- 316. Number ofqualified childrenliving in the parent's home Theoretical child support order (this parent's income on CS Schedule for number ofchildren from line 3) 15% oftheoretical child support order from line 4 Below, list qualified children not living in the parent's home: Namc(s) ofChild(rcn) for Mother Date o f Birth Number ofqualified children not living in the parent's home Avl".mer documented monet:uy ::upport over lut 12 months Theoretical child suppon order (this parent's income on CS Date of Birth Schedule for number of children from line 7) IOa 75% o f theoretical child suppon order from line 9 IOb Allowable credit for not-in-home children s 0.00 s 0.00 s 0.00 Is o.oo s0.00 s0.00 i I 029~-07-ClilO~ 2-97616 F~ll3'LES FOROFFICIALUSF ONLY fXHIBl u~rnrrrr,1·~c.r1"• 1 1 r '. ~- -·-·--·-·-----~·- Mother Applicable gross income for credit wori:shcct Below, list qualified children living in the parent's home (ifnone, skip to line 7): ./ Ifaparentisclaimingmorethanfivechildrenonline3orline7, use rhe Additional Credit sheet to list information for each child. --·-- -·- ~ --.-i Father II 0 If0 Is 2244.oo
- 317. Is o.oo Iso.oo 0 l s 0.00 I Is o.oo ' VOL II - :J/1 000679 PRP ARP SPLIT ;x_ ·_j___~ --L- __ I l 1 .-o---·- r Orher Children (Confiaard from Crrdif Workshr'CI) In-Home Children BdoY. list additional qualified children living in the parent's home: _ Nume(s) ofChild(ren) for Mother · Date of Birth Name(s) ofChild(ren) for Father Date of Birth Not-In-Home Children ····-------··-+-{---+ ------- Below, list additional qualified children not living in the parent's home: 0293-07-Clil113Z-97616 Filll0 1LES FOROfFICIAlUSE ONLY EXHIBI l~If!•1"r • f"r"I:l£·'ISIrII: VOL II - :JI! ------- ·----1 - ..--··-·· --.---- -- ---t--- Namc(s) ofChild(rcn) for Mother Date o f Birth Name(s) ofChild(rcn) for Father I :
- 318. I Date o fBirth ... I ! ---r- ,i .... 1 ~=----~-------~--~±=--~------r-= -----·--·-··---l----!-1 ------+ --- 000680 SSS • Income Shares Summary Screen DECSSXXX Inquire Add Update CSES - INCOME SHARES SUMMARY SCREEN (ISSS) 00:00:00 00-00--0000 ?I? OFFICE 000 USERID XXXXXXX NOTEPAD N + AAENTING TYPE ST - STANDARD PARENTING 2 4 60% Pl MOTiiER 0% Pl FATHER MORE + FATiiER NPCTAKER 117 2 9 0 0 . 0 0 0.00 65.53 0.00 0.00 0.00 ------ ---- MOTHER 0 EACH PARENT'S AVERAGE PARENTING_TIME ROSS INCOME SUBTOTAL REDIT FOR CHILDREN
- 319. HILDREN'S PORTION INScCURRING MEDICAL (PIN I 8) L O W I N C O M E _ N _ _ ( Y I N ) _ 2 2 _ 4 4_ _ . o _o 349.50 0.00 0.00 0.00 0.00 _ _ _ 1= HELP 3 =EXIT 4 = PROMPT 5 =CLER 6 =NOTE 7 = BKllVD 8 =FRWD 11 = ORDR 12 =ISCS 13=ANRF TYPE X I X STATUS A ID 000000000 RTD CLASS XXX I ID 000000000 RTD # OF CHILDREN FOR THIS ORDER xx xx 0712312007 ------------~SSABENEAT__________ _s_1_3._o_o _ _ _ _ _ _ _ OBLIGEE CHANGE_ (YIN) sv y (YIN) 39 • I : Successful INQUIRE. 0293-07-Clilil32-97616 FOROFFICIALUSE ONLY EXHIBI l AW f t• r "" rf l'f t' I SC ri SI TIVE ~RKSHEET DATE 0.00 513.00 0.00 FuUD.'lES
- 320. VOL I I- J/1 000681 04(ot.j -2.f:J:f) -C.0033 AFFIDAVIT SUPPORTING REQUEST FOR AUTHORIZATION TO SEARCH AND SEIZE OR APPREHEND For use of this form, see AR 27-10; the proponent agency is TJAG BEFORE COMPLETING THIS FORM, SEE INSTRUCTIONS ON PAGE 2 1. I, Mark E. GILLINGHAM, Kentucky State Police, Post 4, Elizabethtown, KY 42702 (Name) (Organization or Address) Having been duly sworn, on oath depose and state that: A preliminary investigation conducted by Kentucky State Police under Report 04-07-0722, identified SGT Brent A. Smith 56lst MP CO, MP GUARD CO, Fort Campbell, KY 42223 as a person of interest in the investigation of the deaths of Mrs Smith and Mrs Green 2. The affiant further states that: At 1242 hours {EST), 11 Sep 2007, the Kentucky State Police, Post 4, Elizabethtown, Kentucky, received a "911" call from a nine (9) year old male child. The male child advised dispatch that he was currently at a residence located at 397 Waterford Loop, Rineyville, Kentucky, 40162. The child further stated an unknown person had entered the residence sometime during the night, and killed his grandmother and mother. Officers from the Kentucky State Police responded to the residence and upon entrance into the residence, confirmed that two adult females were deceased. The Kentucky State Police determined the identity of the two females, Karen Green and Tracy Smith Subsequent inforrnation revealed that Tracy Smith was currently going through a divorce process with her estranged husband, Brent
- 321. Smith Kentucky StatePolice Officers learned that Brent Smith was an active duty military member stationed at Fort Campbell. Detective Larry Walker, U/587, and I (Detective Mark Gillingham, U/631} drove to Fort Campbell to make contact with Brent Smith for next of kin notification. Also, Detective Walker and I interviewed Brent Smith regarding any information he might have about the deceased. During the interview, Brent Smith was vague about his whereabouts the night before, which coincides with the time frame for the conunission of the crime. Brent Smith denied any involvement in the crime. Brent Smith also provided us w~th inconsistent statements, and changed his statements on numero us occasions. Brent Smith granted us consent to search of his vehicle, and a search was conducted (several items were taken). On 12 September 2007 an autopsy was conducted on the two female victims, and it was determined that they both died as a result of gunshot wounds, not f consist.ent by self-inflicted means. On 13 September 2007, a az93-01-c1un31-97olo fORGrllCl:.~u)~ ~·-· d n 1 i l l T FOR OFFICAL USE ONLY LAI ENFOR CEMENJ i :: NS I TI/ E 000601 FOUO/LES Oi~-07-0722 VOL II - /~~ fl'ICf t 04Co.. , z.ocn-c.10033 second search was conducted on Brent Smith vehicle. Criminal Investigation Command (CID) agents assisted our agency with this search. This search was again conducted with Brent Smith's consent. An Alternative Light Source (ALS) search was conducted on the interior portion of the vehicle, as well as some of the contents. The ALS indicated the possibility of biological matter inside the vehicle (see attached Affidavit from SA David Greer) .
- 322. 3. In viewof the foregoing, the affiant, requests that authorization be issued for a search and seizure of SGT Smith's dark red, Chrysler, Town and Country, Mini Van, License plate . The affiant anticipates the search of the Chrysler, mini van will produce the DNA of Mrs Smith or Mrs Green Mark E. GILLINGHAM Detective Kentucky State Police ~-' Post 4, Elizabethtown, KY 42702 ~ (TYPED NAME AND ORGANIZATION OF AFFAINT) SWORN TO AND SUBSCRIBED BEFORE ME THIS /j~ DAY OF Sepf-4,.. b e r 1 2001,AT fg'Z~ !<~&~ ---- / Military Magistrate CPT, JA ;793-07-t0031-97610 FUUO/LES FOR OFFICAL USE ONLY . OL!-07-0722 VOL II - /l~ f o R u r r 1 ~· j A l u _ ) . . . , ~, • : _ lA WENFORCEMEllT3:NSlfllE L .~ n i a 1 1 000602 04«o4 -1001 -CJD033 ~ I AFFIDAVIT SUPPORTING REQUEST FOR AUTHORIZATION TO SEARCH AND SEIZE OR APPREHEND For use of this form, see AR 27-10; the proponent agency is
- 323. TJAG BEFORE COMPLETING THISFORM, SEE INSTRUCTIONS ON PAGE 2 1. I, David C. Greer, 31"t MP Det (CID) , Fort Campbell, KY 42223 (Name) (Organization or Address) Having been duly sworn, on oath depose and state that: A preliminary investigation conducted by Kentucky State Police under Report 04-07-0722, identified SGT Brent A. Smith 561st MP CO, MP GUARD CO, Fort Campbell, KY 42223 as a person of interest in the investigation of the deaths of Mrs Smith and Mrs Green 2. The affiant further states that: At 1207, 13 Sep 07, Det Larry WALKER, Kentucky State Police, KY requested this office assist in the use of alternate light source on the vehicle of SGT Smith During the use of the alternate light source SA GREER and Det Mark GILLINGHAM, Kentucky State Police, KY observed a fluid stain on the right side of the steering wheel which looked to be in the shape of part of a hand. There was a second stain on the steering wheel near the center which looked to be the shape of a droplet. There was a fluid droplet on the driver's seat near the center. During the examination a pair of gloves was located under the driver's seat. DET Larry WALKER photographed and collected the gloves as evidence. SA GREER and DET GILLINGHAM used the alternate light source on the gloves and observed dark in color stains on the gloves which appeared to be from a liquid. SA GREER and DET GILLINGHAM then used the crime scope and observed particles on the gloves which could be gunshot residue in accordance with the manual which stated gunshot residue would illuminate but at a dull level. 3. In view of the foregoing, the affaint requests that authorization be issued for a search and seizure of SGT dark red, Chrysler, Town and Country, Mini Van, License plate The affiant anticipates the search of the Chrysler, mini van will
- 324. produce the DNAof Mrs Smith o r Mrs Green David C. GREER Special Agent 31ot MP DET (CID) USACIDC, Fort Campbell, KY 42223 (TYPED NAME AND ORGANIZATION OF AFFAINT) SWORN TO AND SUBSCRIBED BEFORE ME THIS DAY OF 20°1 ,AT ,,~, ~A).~1 CPT, JA Military Magistrate 02 93-07-C I003 2-9761 o FOUO/LES ROFFICIAL USE ONLY fOLAI ENfo~CEMEffTiENSITIIE Smith 13 f ( . ----- 5'ep"'w- ~o-r FOR OFFICAL USE ONLY 04-07-0722 VOL II - It1 000603 f:11r.-l...3 ElHl8lf
- 327. KENTUCKY STATE POLIC KYIBRSINITIAL REPORT (WALKER) September 11, 2007 / 2200 hours /Interview Colton Hebner. I met with Colton Hebner in the barrack's recreation room regarding this interview. Colton Hebner is Brent Smith's roommate and it was described by Colton Hebner that they had been roommates for the past several weeks. Colton Hebner described how he has been in the military for a total of five years and has known Brent Smith during the past two years. Colton Hebner described how he had knowledge that Brent Smith was going through divorce procedures and that is why he was ordered to move into the barracks by his chain-of-command regarding a domestic dispute on or about July 2007. Colton Hebner described how he wakes-up at 0530 every morning and remains in the room until 0600 hours. Colton Hebner stated that he was in his room asleep when on or about September 10, 2007 approximately 2340 hours, he heard Brent Smith enter the room and changed from his military clothing into civilian attire. Colton Hebner described how Brent Smith received a phone call while he was in the room and Colton Hebner believes the caller was a female. Colton Hebner stated that once Brent Smith had changed clothing, Brent Smith had left the room. Colton Hebner described how he noticed that Brent Smith had placed his cell phone on the phone charger and left the room without his cell.
- 328. Colton Hebner describedhow he awakened at 0530 on September 11 , 2007 and Brent Smith wasn't in the room. Colton Hebner described how he left the room at 0600 hours for physical fitness (PT) formation and Brent Smith was not present in the room. Colton Hebner described how he returned to the room at 0635 and observed Brent Smith asleep in his bunk. Colton Hebner stated that he didn't want to disturb Brent Smith so he left the room. Colton Hebner described how when he returned to the third floor, the same floor the room is located at, he noticed that Brent Smith had exited the latrine area and he was holding what appeared to be a wet Nascar soft cap. Colton Hebner described how he asked Brent Smith about his wet hat and Brent Smith explained how he had to wash it because it got muddy overnight. Colton Hebner stated that approximately 1135 hours on September 11, 2007; he overheard Brent Smith tell his divorce attorney (Brad Carter) that Tracy Smith had retrieved the Ruger 9mm pistol from him several weeks ago. From phone records, it was determined that Brent Smith received a phone call from Michelle Larsen at 2337 hours. Agents with Department of Defense Investigative Services (DCIS) had interviewed Michelle Larsen and Lindsey Brook regarding Brent Smith's alibi and discovered that Brent Smith had contacted Michelle Larsen (911 dispatcher at Fort Campbell) and asked her to include Lindsey Brook, to lie to investigators regarding this investigation. lt was noted through
- 329. Brent Smith's cellphone records that he had contacted Michelle Brook on September 11, 2007 2107 hours asking her to tell investigators that they were together from September 10 thru September 11 2007, 0100 hours. Brent Smith had placed this call while I and Det. Gilllingham were interviewing Colton Help. See attach DCIS report regarding their interviews. The interview of Colton Hebner was recorded on digital voice recorder. 000524 KENTUCKY STATE POLIC KYIBRS INITIAL REPORT (WALKER) September 11, 2007 / 2100 hours / Re-interview Brent Smith at barracks. Brent Smith had given me verbal permission to search his room at Bldg. 6730 A-Shua-Valley Fort Campbell Ky. 42223. Upon arriving at his room at the above mentioned location I initiated a second interview regarding his activities during the early morning hours of September 11, 2007. Brent Smith's second statement was similar to his first statement that was provided earlier at the MP station leading up to 0100 hours; however, he described how he went to Wyatt Johnson dealership located in Clarksville Tennessee then he proceeded to Toyota and Patriot dealerships located in Hopkinsville Ky. This statement was in contradiction to his initial statement describing how he proceeded to Hopkinsville Ky first then
- 330. traveled to WyattJohnson in Clarksville TN. Brent Smith then described how he couldn't sleep and drove around Fort Campbell and the surrounding area and didn't arrive back at the barracks until 0530-0600 hours. During this statement Brent Smith had described how he had stopped at the Pilot station located in Oak Grove Ky. approximately 0500 hours and purchased gas for his van. Brent Smith stated that the dollar amount was approximately $36.00 and he used his Bank debit card during this purchase. It was later discovered through subpoenaed records that he didn't purchase gas at the described Pilot station with said debit card. Brent Smith had stated that he was only gone four hours and that wouldn't give him enough time to drive to Rineyville Ky. and then back to Fort Campbell. While in Brent Smith's room, he identified the clothing to include shoes he was wearing the night in question. Brent Smith had voluntary relinquished the military uniform (item# 63-64) he was wearing at work on September 10, 2007. Brent Smith also provided me with two pairs of athletic shoes (item# 55 & 57) and a pair of blue jeans and a T-shirt (item# 54 & 60) Brent Smith had described how during the early hours of September 11, 2007 he had jumped a water ditch and his pants (item# 57) and shoes (item# 60) became wet and soiled. Brent Smith had described how he had washed his pants (item# 54) during the morning hours of September 11, 2007 after he returned back to the barracks. 000557
- 331. KENTUCKY STATE POLIC KYIBRSINITIAL REPORT (WALKER) September 11, 2007 / 2000 hours I Arrival at Fort Campbell, Interview Brent Smith MP station. I along with Det. Gillingham and Tpr. Oldham arrived at the MP station at Fort Campbell Ky. and met with several members of Brent Smith's chain-of- command. I along with Det. Gillingham had interviewed Brent Smith for several hours during the course of the visit at Fort Campbell Ky. During this interview Brent Smith had provided several different versions regarding his whereabouts during the early hours of September 11, 2007. The three versions of statements are described in chronological order. Brent Smith described how he had picked up his children from Karen Green's residence on the morning of September 8, 2007 and stayed in the Hardin County Jefferson County area during the visit with his children. Brent Smith stated that when he arrived at the residence Tracey Smith wasn't present and he stated that she was more than likely at work (North Hardin Nursing Home). I asked Brent Smith when was the last time he spoke to Tracy Smith and he described how it was Wednesday or Thursday before September 11, 2007. It was later discovered that he spoke to Tracy Smith while she was at work on September 8, 2007; when questioned regarding his false statement he admitted that he did contact Tracy Smith on September 8, 2007 and he
- 332. overlooked that conversation.I asked Brent Smith when was the last time he saw Tracy Smith in person and he described how Tracy Smith arrived at their old residence in Clarksville TN. approximately 2 weeks ago and she had removed some linen from the residence to include a pistol. I asked Brent Smith to give me more information regarding the firearm and he described how it was a Ruger semiautomatic and he thought the caliber was 40 cal or 45 cal. I thought it was unusual that he was in the military and he didn't know the caliber of his firearm. Brent Smith described how this firearm was a gift from Tracy Smith's father and he received the firearm on or about Easter 2007; it was later determined that the caliber was 9mm. Brent Smith stated that when he returned his children to Karen Green's residence on the evening of September 8, 2007, he described how he entered the residence to utilize the restroom and he immediately left the residence a short time thereafter and proceeded back to Fort Campbell Ky. Brent Smith stated that he hasn't been back to Hardin County since September 8, 2007. Brent Smith who is a military police officer described how on September 10, 2007 at 1300 hours he reported to work and was assigned to patrol duties. Brent Smith stated that his patrol partner was 'Private First Class Aulden who was interviewed by Det. Gillingham. See Det. Gillingham's attached supplement regarding interview. Brent Smith described how he logged in his military issued firearm at 2200 hours and he proceeded to Central dispatch and spoke with two female
- 333. dispatchers that wereon duty. Brent Smith then described how he left the dispatch center and went to his room at the barracks he resides at and. changed into civilian clothing. Brent Smith then described how he used an ATM machine at the PX at 2253 hours and withdrawn $83.00. This info was verified by his bank records. Brent Smith stated that he purchased the female dispatchers coffee and soft drinks 'and proceeded back to central dispatch. Brent Smith implied how he was with the dispatchers until 0200 hours September 11, 2007, and immediately following that he proceeded off base and visited several automobile dealerships located in the surrounding area of Fort Campbell Ky. Brent Smith stated that he first preceded Toyota and Patriot car dealerships in search of a pick-up truck. The above mentioned locations are in Hopkinsvill e Ky. approximately 10 miles north of base. Brent Smith described how he didn't actually park on the lot of the dealerships; however, he described how he had driven on the service roads adjacent to the lot. The two dealerships are 000555 directly next to each other. Brent Smith then describes how he proceeded to a dealership in Clarksville TN. named Wyatt Johnson. As his earlier statement Brent Smith describes how he parked adjacent to the lot not putting him self directly on the lot. Brent Smith implied he arrived back at the barracks approximately 0300 hours and went to
- 334. sleep. I askedBrent Smith if his roommate (PFC Hebner) was in the room and if so was he awakened; Brent Smith, replied "no." It was later discovered that Brent Smith's roommate , Colton Hebner, had awakened at 0530 hours and Brent Smith wasn't present in the room. I asked Brent Smith if he had placed fuel in his vehicle during the early morning hours of September 11, 2007 and he replied "no." 000556