1 00:00:01,021 --> 00:00:04,021 - ♪ 2 00:00:07,021 --> 00:00:09,021 - ♪ 3 00:00:09,021 --> 00:00:10,021 - A body that was found out behind a strip center, 4 00:00:11,021 --> 00:00:13,021 face down with his hands tied behind his back. 5 00:00:13,021 --> 00:00:15,021 - We were all in disbelief 6 00:00:15,021 --> 00:00:18,021 and thinking, "No, it can't be him." 7 00:00:18,021 --> 00:00:22,021 - It was not only one, it was two cold-blooded murders. 8 00:00:22,021 --> 00:00:24,021 - DAN: In the residence, there was a great deal of blood. 9 00:00:24,021 --> 00:00:28,021 We found what would be described as a makeshift coffin. 10 00:00:28,021 --> 00:00:30,021 - JIM: It was pure profit and it was pure evil, 11 00:00:30,021 --> 00:00:33,021 they would do these things to two different people. 12 00:00:33,021 --> 00:00:35,021 - BUTCH: A sex ad had been placed. 13 00:00:35,021 --> 00:00:36,021 The ad was for, "Have sex with me. 14 00:00:36,021 --> 00:00:38,021 My husband likes to watch." 15 00:00:39,021 --> 00:00:39,021 - TESSIE: He was not going to pull over willingly. 16 00:00:39,021 --> 00:00:41,021 I was absolutely in fear of my life. 17 00:00:41,021 --> 00:00:43,021 - NARRATOR: Five unique perspectives, 18 00:00:43,021 --> 00:00:48,021 five points of view, one murder. 19 00:00:48,021 --> 00:00:49,021 - NICOLE: I'm Rudy Lopes's niece. 20 00:00:49,021 --> 00:00:50,021 - My name is Butch Matjeka-- 21 00:00:50,021 --> 00:00:52,021 - My name is Dan Downing. 22 00:00:52,021 --> 00:00:54,021 - JIM: I was lead prosecutor in the capital murder. 23 00:00:54,021 --> 00:00:55,021 - TESSIE: I was convicted of capital murder in 2003. 24 00:00:55,021 --> 00:00:59,021 - ♪♪ 25 00:01:02,021 --> 00:01:06,021 - ♪ 26 00:01:06,021 --> 00:01:08,021 - I'm Nicole Costa and I am Rudy Lopes's niece. 27 00:01:09,021 --> 00:01:13,021 My Tío Rudy was one of my favorite uncles. 28 00:01:13,021 --> 00:01:15,021 He grew up in San Antonio. 29 00:01:16,021 --> 00:01:20,021 He had two very loving parents. 30 00:01:21,021 --> 00:01:23,021 He would always encourage my cousin and I 31 00:01:23,021 --> 00:01:26,021 to get good grades and every time we got an A 32 00:01:26,021 --> 00:01:30,021 on our report card, we would go to a restaurant. 33 00:01:32,021 --> 00:01:36,021 And he was just an overall, like, loving person. 34 00:01:36,021 --> 00:01:39,021 He would bring my aunt flowers just because it was, you know, 35 00:01:39,021 --> 00:01:41,021 Tuesday. 36 00:01:44,021 --> 00:01:46,021 He was working as a sheriff at the jail, 37 00:01:46,021 --> 00:01:48,021 Bexar County. 38 00:01:48,021 --> 00:01:52,021 He wore that badge with a lot of pride. [chuckles] 39 00:01:52,021 --> 00:01:54,021 He was able to climb the ranks, 40 00:01:54,021 --> 00:01:57,021 uh, there at the Bexar County Jail as a sheriff. 41 00:01:57,021 --> 00:02:00,021 Uh, he was very--very proud and very determined to move up 42 00:02:00,021 --> 00:02:04,021 and you know, he loved to do what he--what he did. 43 00:02:04,021 --> 00:02:08,021 If anyone was doing anything incorrectly or, uh, wrong, uh, 44 00:02:08,021 --> 00:02:11,021 we would tell them, you know, "My Tío Rudy's a sheriff, 45 00:02:11,021 --> 00:02:14,021 so he's gonna come get you." 46 00:02:17,021 --> 00:02:21,021 Tío Rudy and my Tía Alma were honestly a--a love story. 47 00:02:22,021 --> 00:02:24,021 The way they just got along together, 48 00:02:24,021 --> 00:02:26,021 they never fought in front of us and I'm not even sure 49 00:02:26,021 --> 00:02:28,021 if they even fought about anything. 50 00:02:28,021 --> 00:02:30,021 When my Tio Rudy and my Tia Alma got married, 51 00:02:30,021 --> 00:02:35,021 I was maybe a couple of months old. 52 00:02:35,021 --> 00:02:36,021 They just loved each other so much 53 00:02:36,021 --> 00:02:38,021 and you could tell every time, 54 00:02:38,021 --> 00:02:39,021 you know, at family events, Tío Rudy and Tía Alma 55 00:02:39,021 --> 00:02:41,021 were always together. 56 00:02:44,021 --> 00:02:46,021 They would go to the coast every single year 57 00:02:46,021 --> 00:02:48,021 for their anniversary. 58 00:02:48,021 --> 00:02:49,021 And actually, that year, 59 00:02:49,021 --> 00:02:51,021 he was planning to go on a cruise. 60 00:02:56,021 --> 00:03:01,021 - ♪ 61 00:03:01,021 --> 00:03:03,021 - NICOLE: The night of October 11th, 62 00:03:03,021 --> 00:03:07,021 my Tío Rudy didn't show up at--at home. 63 00:03:08,021 --> 00:03:10,021 At first my Tía Alma was like, "Oh, you know, maybe he 64 00:03:10,021 --> 00:03:11,021 picked up a second job," 65 00:03:11,021 --> 00:03:15,021 maybe, um, you know, he went out with his friends 66 00:03:15,021 --> 00:03:17,021 and just forgot to tell her. 67 00:03:19,021 --> 00:03:21,021 When he wasn't answering his phone, 68 00:03:21,021 --> 00:03:24,021 he still hadn't showed up hours later. 69 00:03:24,021 --> 00:03:27,021 She had, uh, called missing persons 70 00:03:27,021 --> 00:03:30,021 and reached out to our family friend, um, 71 00:03:30,021 --> 00:03:32,021 who was also in the sheriff's department. 72 00:03:32,021 --> 00:03:35,021 You know, this is very, very unlike my Uncle Rudy 73 00:03:35,021 --> 00:03:38,021 to not show up, not call. 74 00:03:41,021 --> 00:03:49,021 - ♪ 75 00:03:49,021 --> 00:03:51,021 - NICOLE: The morning of Friday the 13th, 76 00:03:51,021 --> 00:03:55,021 I woke up at three o'clock in the morning and, um, 77 00:03:55,021 --> 00:03:57,021 was trying to go back to sleep, 78 00:03:57,021 --> 00:03:59,021 and then I heard the phone ringing. 79 00:04:01,021 --> 00:04:04,021 It just kept ringing and ringing and so finally I was sitting up, 80 00:04:04,021 --> 00:04:06,021 I was about to go answer it to figure out 81 00:04:06,021 --> 00:04:09,021 who's calling at this time. 82 00:04:09,021 --> 00:04:11,021 And then I heard my mom's footsteps, 83 00:04:11,021 --> 00:04:17,021 and she answered the phone, and... 84 00:04:17,021 --> 00:04:18,021 and she just started crying. 85 00:04:21,021 --> 00:04:23,021 I was in the fourth grade at the time, 86 00:04:24,021 --> 00:04:25,021 so, I didn't know what was happening. 87 00:04:26,021 --> 00:04:28,021 So I went to go comfort her, 88 00:04:28,021 --> 00:04:32,021 and then she told me that my uncle had been shot. 89 00:04:39,021 --> 00:04:43,021 Our family friend actually knew what had happened 90 00:04:43,021 --> 00:04:46,021 to my Uncle Rudy but wasn't able to tell 91 00:04:46,021 --> 00:04:48,021 my Tía Alma over the phone, 92 00:04:48,021 --> 00:04:49,021 'cause it wasn't correct protocol. 93 00:04:52,021 --> 00:04:55,021 I believe it was two deputies who showed up to break the news 94 00:04:55,021 --> 00:05:00,021 to her about where he was found and that he was found. 95 00:05:00,021 --> 00:05:01,021 She couldn't believe it, and she was like, 96 00:05:01,021 --> 00:05:04,021 "No, not my Rudy. It can't be." 97 00:05:04,021 --> 00:05:06,021 Like, the rest of the family, too, 98 00:05:06,021 --> 00:05:09,021 that he was no longer with us. 99 00:05:16,021 --> 00:05:20,021 - ♪ 100 00:05:20,021 --> 00:05:23,021 - My name is Butch Matjeka and I was the lead investigator 101 00:05:23,021 --> 00:05:26,021 on the murder of Rudy Lopes. 102 00:05:26,021 --> 00:05:28,021 On October 12th of 2000, 103 00:05:28,021 --> 00:05:31,021 it was late in the afternoon, I was getting ready to go home. 104 00:05:31,021 --> 00:05:33,021 Our shift was just about ending. 105 00:05:33,021 --> 00:05:36,021 - [phone ringing] 106 00:05:36,021 --> 00:05:38,021 - BUTCH: And our office got a call for a D.O.A. 107 00:05:38,021 --> 00:05:41,021 A body that was found out behind a strip center 108 00:05:41,021 --> 00:05:43,021 off of Thousand Oaks in north San Antonio. 109 00:05:44,021 --> 00:05:49,021 - ♪ 110 00:05:49,021 --> 00:05:50,021 - BUTCH: Rudy's body was found by some young girls who were 111 00:05:51,021 --> 00:05:53,021 walking behind the strip center. 112 00:05:54,021 --> 00:05:56,021 Of course, they became very scared, ran home, 113 00:05:56,021 --> 00:05:59,021 and their parents were the ones that made the 911 call. 114 00:05:59,021 --> 00:06:03,021 He was face down with his hands tied behind his back. 115 00:06:03,021 --> 00:06:07,021 He had a--another piece of cloth or a shirt 116 00:06:07,021 --> 00:06:10,021 that was wrapped around his-- his eyes as a... 117 00:06:10,021 --> 00:06:12,021 kind of a blindfold. 118 00:06:13,021 --> 00:06:15,021 We didn't get a lot of information from the girls, 119 00:06:15,021 --> 00:06:17,021 so we begin what we call a canvass, 120 00:06:17,021 --> 00:06:19,021 we start knocking on doors, talking to people to see 121 00:06:20,021 --> 00:06:21,021 if they heard anything, if they saw anything. 122 00:06:24,021 --> 00:06:31,021 - ♪ 123 00:06:31,021 --> 00:06:34,021 - BUTCH: The owner of the karate school, Charles Dudley, 124 00:06:34,021 --> 00:06:37,021 he told us that the night before as he was closing up, 125 00:06:37,021 --> 00:06:42,021 he saw a--a newer-model Chevy truck pull into, uh, the area 126 00:06:42,021 --> 00:06:45,021 at the end of the strip center and go around behind it. 127 00:06:46,021 --> 00:06:51,021 And Rudy had a--a brand-new 2000 Chevy truck, uh, dual cab, 128 00:06:51,021 --> 00:06:53,021 gold in color. 129 00:06:53,021 --> 00:06:54,021 Considering the time of the night, it was-- 130 00:06:54,021 --> 00:06:56,021 it was still fairly early, nine o'clock, 131 00:06:57,021 --> 00:07:00,021 I don't think he really thought anything illegal was going on, 132 00:07:00,021 --> 00:07:01,021 it was just unusual for him to see it, 133 00:07:01,021 --> 00:07:03,021 and of course, it drew his attention 134 00:07:03,021 --> 00:07:04,021 because that's his business. 135 00:07:10,021 --> 00:07:13,021 We didn't get much from anybody else in the strip center. 136 00:07:13,021 --> 00:07:16,021 But as the story came out on the news, 137 00:07:16,021 --> 00:07:18,021 we had a police officer that called us the very next day 138 00:07:18,021 --> 00:07:21,021 and told us that while he was on patrol, 139 00:07:21,021 --> 00:07:22,021 he heard a gunshot go off. 140 00:07:26,021 --> 00:07:28,021 So, with what Mr. Dudley told us, uh, 141 00:07:28,021 --> 00:07:31,021 and what the officer told us about the time 142 00:07:31,021 --> 00:07:33,021 of hearing the gunshot, we were able to place Rudy's death 143 00:07:33,021 --> 00:07:35,021 around ten o'clock that night. 144 00:07:39,021 --> 00:07:43,021 We went and talked to Alma Lopes, uh, Rudy's wife. 145 00:07:43,021 --> 00:07:45,021 We learned that Rudy had worked in the jail, 146 00:07:45,021 --> 00:07:47,021 he was a jail sergeant at the time, uh, 147 00:07:47,021 --> 00:07:49,021 had a good reputation. 148 00:07:49,021 --> 00:07:52,021 Alma never gave us any indication that Rudy 149 00:07:52,021 --> 00:07:55,021 had any threats made, that anybody was out for revenge 150 00:07:55,021 --> 00:07:56,021 from the jail. 151 00:07:56,021 --> 00:08:00,021 The only thing that--that kind of drew our attention was, 152 00:08:00,021 --> 00:08:01,021 she told us that they were having some difficulty 153 00:08:01,021 --> 00:08:03,021 in the marriage, uh, it had been some time 154 00:08:03,021 --> 00:08:05,021 since they had been together. 155 00:08:10,021 --> 00:08:12,021 We pulled his bank records, 156 00:08:12,021 --> 00:08:13,021 we pulled, uh, all of his phone records, 157 00:08:13,021 --> 00:08:16,021 basically just threw out a wide net. 158 00:08:16,021 --> 00:08:19,021 "Let's see where he's been, let's see what he's been doing." 159 00:08:19,021 --> 00:08:20,021 As we looked through his financial records, 160 00:08:20,021 --> 00:08:23,021 what we did see was there was a purchase made 161 00:08:23,021 --> 00:08:27,021 at Frederick's of Hollywood, I think it was around $90. 162 00:08:27,021 --> 00:08:31,021 Alma told us he hadn't brought anything home from Frederick's. 163 00:08:31,021 --> 00:08:34,021 So, at that point we started to believe that we might be 164 00:08:34,021 --> 00:08:36,021 looking at some type of an affair, 165 00:08:36,021 --> 00:08:38,021 but we weren't really sure what we were looking at yet. 166 00:08:40,021 --> 00:08:44,021 We sent a team of investigators to Frederick's of Hollywood 167 00:08:44,021 --> 00:08:46,021 to look into this. 168 00:08:46,021 --> 00:08:48,021 Clerks see so many people throughout the day, 169 00:08:48,021 --> 00:08:49,021 it's hard to--for them to remember, 170 00:08:49,021 --> 00:08:51,021 but amazingly, the clerk in this particular case 171 00:08:51,021 --> 00:08:53,021 did remember Rudy from the description. 172 00:08:53,021 --> 00:08:56,021 She also remembered that when Rudy came in, 173 00:08:56,021 --> 00:08:58,021 he was with two people. 174 00:08:58,021 --> 00:09:01,021 A young girl and another male. 175 00:09:01,021 --> 00:09:04,021 And her idea when this purchase was made was that Rudy 176 00:09:05,021 --> 00:09:07,021 was buying the negligee for the young girl. 177 00:09:07,021 --> 00:09:11,021 We asked about whether he seemed to be coerced, 178 00:09:11,021 --> 00:09:13,021 and her response to us was no, 179 00:09:13,021 --> 00:09:15,021 this was very willing, very voluntary, 180 00:09:15,021 --> 00:09:18,021 there was nothing that would give her any indication 181 00:09:18,021 --> 00:09:21,021 that anything was wrong at that time. 182 00:09:25,021 --> 00:09:28,021 As we continue to look through Rudy's financial records, 183 00:09:28,021 --> 00:09:31,021 we found out that there were two withdrawals, uh, 184 00:09:31,021 --> 00:09:34,021 from an ATM machine, uh, from Rudy's bank 185 00:09:34,021 --> 00:09:36,021 on the day that we believe he was kidnapped and murdered. 186 00:09:37,021 --> 00:09:39,021 One of the withdrawals was for $100, 187 00:09:39,021 --> 00:09:42,021 the other withdrawal was for $300. 188 00:09:44,021 --> 00:09:47,021 We went to Rudy's bank, and they were able to find 189 00:09:47,021 --> 00:09:49,021 video footage that showed a young girl 190 00:09:49,021 --> 00:09:53,021 driving a--what appears to be a newer Chevy model truck, 191 00:09:53,021 --> 00:09:55,021 leaning out the window, putting in the PIN number 192 00:09:55,021 --> 00:10:01,021 and making both withdrawals, uh, before she drove away. 193 00:10:01,021 --> 00:10:03,021 Rudy wasn't in the video. 194 00:10:06,021 --> 00:10:10,021 So, we continued to look through his--his, uh, telephone records, 195 00:10:10,021 --> 00:10:12,021 and we found a number of calls that had been placed 196 00:10:12,021 --> 00:10:15,021 to a--a series of-- a number of hotels 197 00:10:15,021 --> 00:10:17,021 along the IH-35 corridor in San Antonio. 198 00:10:18,021 --> 00:10:22,021 We sent a team of investigators to the hotels, 199 00:10:22,021 --> 00:10:25,021 and again, thankfully, we came across a clerk, uh, 200 00:10:25,021 --> 00:10:28,021 who remembered the calls being made. 201 00:10:28,021 --> 00:10:31,021 They showed her the picture from the ATM. 202 00:10:31,021 --> 00:10:34,021 The clerk remembered the woman and identified her 203 00:10:34,021 --> 00:10:37,021 from checking in as a girl named Trina Doris. 204 00:10:37,021 --> 00:10:41,021 Well, we don't have a lot of information on Trina Doris 205 00:10:41,021 --> 00:10:42,021 other than her name, 206 00:10:42,021 --> 00:10:44,021 so there's not a whole lot we can do. 207 00:10:44,021 --> 00:10:48,021 We continue to comb through his telephone records, 208 00:10:48,021 --> 00:10:53,021 and we find a phone number that he made four phone calls to, uh, 209 00:10:53,021 --> 00:10:55,021 the day he died 210 00:10:55,021 --> 00:10:58,021 that comes back to a Robert Brown. 211 00:10:58,021 --> 00:11:00,021 We went to go talk to Mr. Brown. 212 00:11:00,021 --> 00:11:05,021 - ♪ 213 00:11:05,021 --> 00:11:05,021 - BUTCH: When we talked to Mr. Brown, 214 00:11:05,021 --> 00:11:09,021 he remembered Rudy Lopes calling his home 215 00:11:09,021 --> 00:11:11,021 trying to get in touch with a woman 216 00:11:11,021 --> 00:11:13,021 who had been staying with him. 217 00:11:14,021 --> 00:11:16,021 He also identified the woman as Trina Doris. 218 00:11:16,021 --> 00:11:18,021 He also told us that she was with a man 219 00:11:18,021 --> 00:11:21,021 who identified himself as Moe. 220 00:11:22,021 --> 00:11:25,021 Robert Brown had contacted Trina Doris and Moe at the time 221 00:11:26,021 --> 00:11:31,021 in response to a sex ad that had been placed in a magazine 222 00:11:31,021 --> 00:11:34,021 in San Antonio called The Current. 223 00:11:34,021 --> 00:11:35,021 The ad was for, "Have sex with me. 224 00:11:35,021 --> 00:11:36,021 My husband likes to watch." 225 00:11:36,021 --> 00:11:37,021 Uh, that never happened, 226 00:11:37,021 --> 00:11:41,021 although the promise of sex kept coming. 227 00:11:41,021 --> 00:11:42,021 They told him they were from out of town 228 00:11:42,021 --> 00:11:45,021 and didn't have a place to stay. 229 00:11:45,021 --> 00:11:46,021 He allowed them to come to the house and stay with him 230 00:11:46,021 --> 00:11:49,021 for a couple of nights. 231 00:11:49,021 --> 00:11:52,021 He remembered that on the day that Rudy Lopes was killed, 232 00:11:52,021 --> 00:11:55,021 Rudy called his house four times looking for Trina, 233 00:11:55,021 --> 00:11:57,021 trying to get in touch with her. 234 00:11:58,021 --> 00:12:00,021 Uh, Rudy had been scheduled to meet with her, 235 00:12:00,021 --> 00:12:03,021 allegedly to have sex that day. 236 00:12:03,021 --> 00:12:05,021 Robert did tell us that Trina was a dancer, 237 00:12:05,021 --> 00:12:07,021 and she was going out looking for work as a dancer. 238 00:12:08,021 --> 00:12:13,021 And so, what that necessitated was for the homicide unit 239 00:12:13,021 --> 00:12:16,021 to visit almost every strip club there was in San Antonio 240 00:12:17,021 --> 00:12:18,021 at that time. 241 00:12:18,021 --> 00:12:21,021 We sent investigators out, uh, primarily around the area 242 00:12:21,021 --> 00:12:24,021 where he worked, but we did visit as many strip clubs 243 00:12:24,021 --> 00:12:25,021 as we possibly could. 244 00:12:28,021 --> 00:12:33,021 We got lucky, we actually found a strip club on 410 245 00:12:33,021 --> 00:12:35,021 where Trina was working for a short period of time. 246 00:12:35,021 --> 00:12:37,021 Uh, and in finding that, 247 00:12:37,021 --> 00:12:39,021 we were able to get her driver's license. 248 00:12:39,021 --> 00:12:43,021 Now we have something we can look into for Trina Doris. 249 00:12:49,021 --> 00:12:51,021 - My name's Dan Downing, I'm one of the investigators 250 00:12:51,021 --> 00:12:52,021 that worked a murder case 251 00:12:52,021 --> 00:12:55,021 just south of Indianapolis in 2000. 252 00:12:55,021 --> 00:12:58,021 We received information from San Antonio officials 253 00:12:58,021 --> 00:13:01,021 that they had a similar case, uh, with an individual 254 00:13:01,021 --> 00:13:03,021 that was shot and killed there, uh, Rudy Lopes. 255 00:13:03,021 --> 00:13:08,021 There were some differences in, uh, Rudy Lopes's death. 256 00:13:08,021 --> 00:13:11,021 However, they were both bound behind the back. 257 00:13:11,021 --> 00:13:12,021 Both individuals were shot in the head. 258 00:13:21,021 --> 00:13:22,021 Just prior to 8:00AM, 259 00:13:22,021 --> 00:13:24,021 I was notified by our communications center, 260 00:13:24,021 --> 00:13:29,021 um, of a request for investigators at a residence. 261 00:13:29,021 --> 00:13:32,021 I spoke with our uniformed officers that were on the scene. 262 00:13:32,021 --> 00:13:34,021 Um, they kind of gave me the rundown 263 00:13:34,021 --> 00:13:36,021 of what, uh, had taken place. 264 00:13:36,021 --> 00:13:39,021 The, uh, homeowner was found in the trunk 265 00:13:39,021 --> 00:13:42,021 of a burning vehicle just north in Burton County. 266 00:13:43,021 --> 00:13:46,021 A passerby reported the, uh, the car fire. 267 00:13:46,021 --> 00:13:49,021 It was just off of a state highway. 268 00:13:49,021 --> 00:13:52,021 We learned via dental records that it was Robby Bott. 269 00:13:52,021 --> 00:13:56,021 He was an airplane mechanic, um, locally here in Indianapolis. 270 00:13:56,021 --> 00:14:00,021 Um, basically, a, uh, a divorced father, um, 271 00:14:00,021 --> 00:14:02,021 kept to himself. 272 00:14:05,021 --> 00:14:09,021 Mr. Bott's home was extremely neat. 273 00:14:09,021 --> 00:14:11,021 Um, everything had a place and you could tell that 274 00:14:11,021 --> 00:14:13,021 it was very well taken care of. 275 00:14:13,021 --> 00:14:15,021 Um, but items were missing, so there were imprints 276 00:14:15,021 --> 00:14:20,021 from where, um, a stereo would've been sitting, 277 00:14:20,021 --> 00:14:23,021 um, and different electronic items in the house. 278 00:14:24,021 --> 00:14:26,021 We found, um, in the kitchen area, 279 00:14:27,021 --> 00:14:29,021 two chairs that were facing each other, 280 00:14:29,021 --> 00:14:30,021 and a, uh, large pile of cigarette ashes 281 00:14:30,021 --> 00:14:34,021 to the side of one of those chairs. 282 00:14:34,021 --> 00:14:37,021 There was also a small amount of--of blood droplets 283 00:14:37,021 --> 00:14:39,021 that were located around the chair. 284 00:14:41,021 --> 00:14:43,021 That went along with our theory that some type 285 00:14:43,021 --> 00:14:46,021 of an interrogation or a negotiation that had taken place 286 00:14:46,021 --> 00:14:48,021 there in the kitchen, uh, because they were 287 00:14:48,021 --> 00:14:51,021 low-velocity droplets, like someone had been struck. 288 00:14:51,021 --> 00:14:54,021 There were a couple fingerprints but the majority of the surface, 289 00:14:54,021 --> 00:14:56,021 as we printed every surface in the residence, 290 00:14:56,021 --> 00:14:58,021 we found that they had been wiped off. 291 00:15:02,021 --> 00:15:09,021 - ♪ 292 00:15:09,021 --> 00:15:11,021 - DAN: On, uh, day two of the investigation, 293 00:15:12,021 --> 00:15:13,021 um, we received a call from the Speedway Police Department 294 00:15:14,021 --> 00:15:18,021 that a, um, identification belonging to Robby Bott 295 00:15:18,021 --> 00:15:22,021 had been located in a rental property in Speedway. 296 00:15:22,021 --> 00:15:27,021 The actual landlord had been evicting his current tenants. 297 00:15:27,021 --> 00:15:30,021 He had hired a cleaning crew to come in and clean out 298 00:15:30,021 --> 00:15:32,021 all the property of the tenants that were 299 00:15:32,021 --> 00:15:33,021 living in the residence. 300 00:15:33,021 --> 00:15:35,021 When they lifted up a couch cushion, 301 00:15:35,021 --> 00:15:38,021 they found a .22 rifle and also the wallet. 302 00:15:40,021 --> 00:15:41,021 There was a great deal of blood, um, that went 303 00:15:41,021 --> 00:15:45,021 from the garage area, through the service door 304 00:15:45,021 --> 00:15:48,021 into the residence, and then down the stairway. 305 00:15:48,021 --> 00:15:51,021 Once we got to the basement, we found a wardrobe, um, 306 00:15:51,021 --> 00:15:55,021 that was lying on its back and had a, um, a padlock hasp 307 00:15:55,021 --> 00:15:56,021 attached to the front of it. 308 00:15:57,021 --> 00:16:01,021 There was a bullet projectile that was in the, uh, box itself. 309 00:16:01,021 --> 00:16:04,021 There was also a pillow that had a through-and-through 310 00:16:04,021 --> 00:16:07,021 gunshot wound, um, which would have been indicative 311 00:16:08,021 --> 00:16:10,021 to using a pillow over the end of a firearm 312 00:16:10,021 --> 00:16:12,021 as a suppressor to muffle the sound. 313 00:16:12,021 --> 00:16:14,021 A lot of the items that we found missing 314 00:16:14,021 --> 00:16:17,021 from Mr. Bott's house were now being utilized 315 00:16:17,021 --> 00:16:18,021 in the Speedway home. 316 00:16:20,021 --> 00:16:23,021 It started to become more apparent that Mr. Bott 317 00:16:23,021 --> 00:16:27,021 was encountered in his residence in some way, 318 00:16:27,021 --> 00:16:29,021 and then taken to the secondary location in Speedway, uh, 319 00:16:29,021 --> 00:16:32,021 where he was then kept for a period of time 320 00:16:32,021 --> 00:16:35,021 until his final demise. 321 00:16:35,021 --> 00:16:39,021 - ♪ 322 00:16:39,021 --> 00:16:42,021 - DAN: Initially we found some credit card receipts 323 00:16:42,021 --> 00:16:44,021 at Mr. Bott's residence. 324 00:16:44,021 --> 00:16:46,021 The wallet did not have any credit cards, 325 00:16:46,021 --> 00:16:48,021 so we started running, uh, through the different 326 00:16:48,021 --> 00:16:51,021 credit services, um, Mr. Bott's information 327 00:16:51,021 --> 00:16:55,021 in an attempt to find out or trace his last steps. 328 00:16:56,021 --> 00:16:58,021 We found that, uh, during the timeframe 329 00:16:58,021 --> 00:17:01,021 that Mr. Bott was abducted, um, he had went, uh, 330 00:17:02,021 --> 00:17:05,021 to several locations and actually purchased 331 00:17:05,021 --> 00:17:06,021 numerous household items. 332 00:17:06,021 --> 00:17:10,021 Generally, people don't go on a shopping spree, um, 333 00:17:10,021 --> 00:17:11,021 right before their death. 334 00:17:15,021 --> 00:17:19,021 We sent investigators to those specific merchants to hopefully 335 00:17:19,021 --> 00:17:21,021 obtain surveillance video. 336 00:17:24,021 --> 00:17:26,021 In one of the, uh, stores, Mr. Bott was uh walking along 337 00:17:26,021 --> 00:17:30,021 pushing a shopping cart that was full of numerous items. 338 00:17:30,021 --> 00:17:32,021 He was accompanied by a female. 339 00:17:32,021 --> 00:17:35,021 Uh, Mr. Bott is shown in the video looking up 340 00:17:35,021 --> 00:17:37,021 at the camera and mouthing "Help me." 341 00:17:45,021 --> 00:17:48,021 During the examination of the bank records, 342 00:17:48,021 --> 00:17:49,021 we found that there were purchases 343 00:17:49,021 --> 00:17:52,021 not only here in Indiana, um, at a local sex shop, 344 00:17:52,021 --> 00:17:56,021 but also in San Antonio, Texas, at a similar type of shop. 345 00:17:56,021 --> 00:17:59,021 We also know that there's a female that's involved, um, 346 00:17:59,021 --> 00:18:03,021 so, we're--we also go back to Mr. Bott's residence. 347 00:18:03,021 --> 00:18:05,021 We found in the master bedroom that there was an empty 348 00:18:05,021 --> 00:18:08,021 condom wrapper lying on the floor next to the bed. 349 00:18:08,021 --> 00:18:14,021 We also found that the bedsheets of the master bedroom were gone. 350 00:18:14,021 --> 00:18:15,021 So, at that point, we're looking at, 351 00:18:15,021 --> 00:18:18,021 "Was this a sexual encounter gone wrong? 352 00:18:18,021 --> 00:18:21,021 "Was this some type of, um, hookup? 353 00:18:21,021 --> 00:18:25,021 "Um, some type of a prostitution, um, element 354 00:18:25,021 --> 00:18:27,021 that had went wrong for Mr. Bott?" 355 00:18:29,021 --> 00:18:31,021 During communications with San Antonio Police Department, 356 00:18:31,021 --> 00:18:34,021 we learned that through credit card statements, 357 00:18:34,021 --> 00:18:36,021 there were purchases made in San Antonio, Texas, 358 00:18:36,021 --> 00:18:40,021 and they had a similar case, um, with an individual that was 359 00:18:40,021 --> 00:18:41,021 shot and killed there, 360 00:18:41,021 --> 00:18:47,021 and a male and female suspect who may have been using aliases, 361 00:18:47,021 --> 00:18:51,021 uh, possibly a Trina Doris, and a male by the name of Moe. 362 00:18:51,021 --> 00:18:55,021 We were able to identify Trina Doris, speak with her, 363 00:18:55,021 --> 00:18:57,021 and send photographs to San Antonio Police Department 364 00:18:57,021 --> 00:18:59,021 so that they compare with their videos. 365 00:19:01,021 --> 00:19:03,021 It was not Trina Doris. 366 00:19:08,021 --> 00:19:11,021 The landlord in Speedway was forthcoming with the information 367 00:19:12,021 --> 00:19:15,021 of--of who was renting from him at that point in time. 368 00:19:15,021 --> 00:19:16,021 He had originally made an agreement with 369 00:19:16,021 --> 00:19:19,021 the individuals that were living there that they were gonna do 370 00:19:19,021 --> 00:19:21,021 some maintenance to the residence 371 00:19:21,021 --> 00:19:22,021 in lieu of paying rent. 372 00:19:22,021 --> 00:19:25,021 Um, they hadn't been doing the maintenance they agreed to, 373 00:19:25,021 --> 00:19:27,021 so he was going to evict them. 374 00:19:27,021 --> 00:19:30,021 The folks that actually rented the place, um, 375 00:19:30,021 --> 00:19:33,021 was Tess McFarland and Joshua Maxwell. 376 00:19:33,021 --> 00:19:35,021 Trina was a friend of Tess McFarland 377 00:19:35,021 --> 00:19:38,021 and apparently had been using her information 378 00:19:38,021 --> 00:19:39,021 as an alias. 379 00:19:43,021 --> 00:19:46,021 We were able to run criminal histories and obtain 380 00:19:46,021 --> 00:19:49,021 booking photos of both those individuals. 381 00:19:49,021 --> 00:19:51,021 We then compared all of those photographs against the videos 382 00:19:52,021 --> 00:19:55,021 here in Indiana, as well as the video from San Antonio, Texas, 383 00:19:55,021 --> 00:19:58,021 to confirm that the people we were looking for, in fact, 384 00:19:58,021 --> 00:20:01,021 was Tess McFarland and Joshua Maxwell. 385 00:20:05,021 --> 00:20:09,021 - ♪ 386 00:20:09,021 --> 00:20:13,021 - My name is Tessie McFarland. 387 00:20:13,021 --> 00:20:16,021 I was born in the outskirts of Indianapolis, 388 00:20:16,021 --> 00:20:18,021 um, around Wanamaker. 389 00:20:18,021 --> 00:20:22,021 My biological father was, um, killed when I was two, 390 00:20:22,021 --> 00:20:24,021 but my mother remarried early on 391 00:20:25,021 --> 00:20:27,021 and my stepfather raised me as his own. 392 00:20:27,021 --> 00:20:30,021 In my freshman year, um, I met my son's father 393 00:20:30,021 --> 00:20:33,021 and we got together and stayed together for several years. 394 00:20:35,021 --> 00:20:37,021 Money was just so tight that when we had broke up, 395 00:20:37,021 --> 00:20:38,021 I was kind of on my own. 396 00:20:43,021 --> 00:20:46,021 Josh Maxwell, he was a friend of my brother's 397 00:20:46,021 --> 00:20:49,021 and my brother's friends and during a summer 398 00:20:49,021 --> 00:20:52,021 that I was going to driver's ed, I was at a party, 399 00:20:52,021 --> 00:20:55,021 where we all sat around and was watching basketball. 400 00:20:55,021 --> 00:20:55,021 And that's the first time I'd ever been introduced to him, 401 00:20:55,021 --> 00:20:58,021 and I was 15 at that time. 402 00:21:04,021 --> 00:21:07,021 Fast forward five years, I reconnected with Josh Maxwell 403 00:21:07,021 --> 00:21:08,021 after he had been released from prison. 404 00:21:09,021 --> 00:21:11,021 He's looking for my brother, 405 00:21:12,021 --> 00:21:15,021 my stepsister and people that he hung out with. 406 00:21:15,021 --> 00:21:17,021 Somehow, he ran across my telephone number. 407 00:21:17,021 --> 00:21:19,021 I was just like, "Oh, wow," 408 00:21:19,021 --> 00:21:21,021 you know, blast from the past type thing. 409 00:21:23,021 --> 00:21:26,021 I believe our romance was an absolute whirlwind. 410 00:21:26,021 --> 00:21:29,021 He immediately moved in where I was living at the time. 411 00:21:29,021 --> 00:21:33,021 Like, from, almost from probably two weeks in, 412 00:21:33,021 --> 00:21:35,021 we just had that strong-- a very strong connection 413 00:21:35,021 --> 00:21:36,021 from the very beginning. 414 00:21:36,021 --> 00:21:39,021 It happened so quickly that I think that's also 415 00:21:39,021 --> 00:21:42,021 part of the reason why I never seen red flags. 416 00:21:47,021 --> 00:21:50,021 I originally met Robby Bott in the bar that I was working at 417 00:21:50,021 --> 00:21:52,021 and he had--worked for Federal Express, 418 00:21:52,021 --> 00:21:57,021 and had, um, been talking about openings in his job. 419 00:21:57,021 --> 00:21:59,021 How well they paid or whatever, and so, 420 00:21:59,021 --> 00:22:01,021 I had got a business card from him. 421 00:22:01,021 --> 00:22:03,021 I thought this would be a great fit for Josh. 422 00:22:03,021 --> 00:22:06,021 They started to set up meetings where he could meet him 423 00:22:06,021 --> 00:22:09,021 in person and show him around. 424 00:22:09,021 --> 00:22:11,021 He had came to our house, I had been to his house. 425 00:22:11,021 --> 00:22:14,021 I never really realized that there was maybe 426 00:22:14,021 --> 00:22:16,021 an underlying tone there. 427 00:22:16,021 --> 00:22:21,021 Maybe that he expected more out of me and Josh. 428 00:22:25,021 --> 00:22:26,021 I went to my sister's house to spend the night with her, 429 00:22:27,021 --> 00:22:29,021 her children and my son. 430 00:22:29,021 --> 00:22:31,021 We were gonna all get up and go somewhere the next day, 431 00:22:31,021 --> 00:22:34,021 and apparently Robby and Josh got into a pretty bad argument, 432 00:22:34,021 --> 00:22:38,021 and, uh, in the basement of the house that we were renting 433 00:22:38,021 --> 00:22:40,021 at the time, um, he shot and killed him. 434 00:22:43,021 --> 00:22:45,021 To my knowledge, Joshua put Robby's body 435 00:22:45,021 --> 00:22:47,021 in the trunk of a car... 436 00:22:50,021 --> 00:22:52,021 and lit the car on fire. 437 00:22:52,021 --> 00:22:58,021 - ♪ 438 00:23:02,021 --> 00:23:04,021 - TESSIE: I absolutely was forced into leaving Indiana. 439 00:23:04,021 --> 00:23:06,021 I would have never left my child behind, period. 440 00:23:07,021 --> 00:23:10,021 Consequences be damned. I would've stayed. 441 00:23:10,021 --> 00:23:13,021 Josh was not going to allow me to stay because he felt like 442 00:23:13,021 --> 00:23:16,021 I knew too much and that whatever I said 443 00:23:16,021 --> 00:23:18,021 would lead the cops directly to where he would go. 444 00:23:19,021 --> 00:23:22,021 I was handcuffed to every bed, every bedpost. 445 00:23:23,021 --> 00:23:24,021 He took the handset off of every telephone 446 00:23:25,021 --> 00:23:26,021 in every hotel room. 447 00:23:26,021 --> 00:23:29,021 I never went in anywhere by myself. 448 00:23:29,021 --> 00:23:32,021 I was absolutely in fear of my life. 449 00:23:32,021 --> 00:23:36,021 One time I was able to write a note to a hotel clerk. 450 00:23:36,021 --> 00:23:39,021 I would try to sneak it in in between the stacks of bills 451 00:23:39,021 --> 00:23:42,021 that I was paying with. 452 00:23:42,021 --> 00:23:44,021 And I don't know if they just thought it was a joke 453 00:23:44,021 --> 00:23:47,021 or they just never looked into it but nobody ever 454 00:23:47,021 --> 00:23:49,021 contacted or reached out to any number that I left. 455 00:23:55,021 --> 00:23:57,021 We arrive at San Antonio and, um, 456 00:23:57,021 --> 00:24:00,021 the car that we were driving has got mechanical problems. 457 00:24:00,021 --> 00:24:02,021 We go into a Shoney's restaurant, 458 00:24:02,021 --> 00:24:04,021 and not knowing at this time, 459 00:24:04,021 --> 00:24:07,021 I guess Josh had also contacted Rudy Lopes. 460 00:24:10,021 --> 00:24:12,021 To my knowledge, a sexual ad was placed with Josh 461 00:24:12,021 --> 00:24:15,021 and an ex-girlfriend of his by the name of Trina. 462 00:24:15,021 --> 00:24:17,021 It just had to be something that was a long-standing 463 00:24:17,021 --> 00:24:19,021 or a long-running thing and you have to cancel it. 464 00:24:19,021 --> 00:24:21,021 I don't know if it was a newspaper thing, 465 00:24:21,021 --> 00:24:23,021 I don't even know anything about it. 466 00:24:23,021 --> 00:24:25,021 Apparently, Rudy had left a message in his inbox 467 00:24:25,021 --> 00:24:28,021 and he had gotten a hold of him. 468 00:24:28,021 --> 00:24:30,021 He comes into the restaurant and sits down and tells Josh 469 00:24:30,021 --> 00:24:32,021 that a cousin of his drives a tow truck 470 00:24:32,021 --> 00:24:35,021 and he could get our car towed to a mechanic 471 00:24:35,021 --> 00:24:38,021 and he would give us a ride back to the hotel. 472 00:24:38,021 --> 00:24:40,021 At that time, I thought Rudy Lopes 473 00:24:40,021 --> 00:24:43,021 was an absolute stranger and just being nice, 474 00:24:43,021 --> 00:24:45,021 helping us with the car. 475 00:24:46,021 --> 00:24:48,021 Later on is when I find out that this was all a setup. 476 00:24:49,021 --> 00:24:51,021 This was something that Josh had planned. 477 00:24:59,021 --> 00:25:03,021 When we go to pick up the car later on that night, 478 00:25:03,021 --> 00:25:05,021 there was a bunch of trash in the bed of his truck 479 00:25:05,021 --> 00:25:07,021 and it was rolling around making a lot of noise, 480 00:25:07,021 --> 00:25:08,021 and he was complaining about it. 481 00:25:08,021 --> 00:25:09,021 So, he wanted to get rid of it. 482 00:25:10,021 --> 00:25:12,021 He felt like it was scratching the bed of the truck up, 483 00:25:12,021 --> 00:25:14,021 and so he asked could he please pull in there 484 00:25:14,021 --> 00:25:16,021 because he saw a dumpster. 485 00:25:16,021 --> 00:25:19,021 I was inside the truck, I have the radio on. 486 00:25:19,021 --> 00:25:22,021 I heard what I thought, like, was a car backfiring. 487 00:25:23,021 --> 00:25:25,021 - [muffled gunshot] 488 00:25:25,021 --> 00:25:28,021 - Josh explains then that they got into a physical altercation. 489 00:25:28,021 --> 00:25:30,021 There was a discrepancy with the amount of money 490 00:25:30,021 --> 00:25:32,021 that was paid to have the car fixed, 491 00:25:32,021 --> 00:25:36,021 and a gun was pulled and ultimately Mr. Lopes was shot. 492 00:25:38,021 --> 00:25:39,021 I ask Josh then, "What--what now? 493 00:25:39,021 --> 00:25:42,021 We have to go back and see what's happened," 494 00:25:42,021 --> 00:25:45,021 and he's, like, not going to go for that. 495 00:25:45,021 --> 00:25:47,021 Um, he gets on the highway immediately 496 00:25:47,021 --> 00:25:48,021 and just starts driving. 497 00:25:56,021 --> 00:25:59,021 We arrived in California in the middle of the day 498 00:25:59,021 --> 00:26:03,021 and was looking for a hotel to stay in. 499 00:26:04,021 --> 00:26:08,021 We pull into a gas station and go in to get gas 500 00:26:08,021 --> 00:26:10,021 and ask for directions. 501 00:26:10,021 --> 00:26:12,021 And we no sooner get pulled out 502 00:26:12,021 --> 00:26:16,021 and I notice that there is a cop behind us. 503 00:26:16,021 --> 00:26:17,021 The police officer looks like, to me, 504 00:26:17,021 --> 00:26:19,021 that he is running the plates of this truck, 505 00:26:20,021 --> 00:26:22,021 and I tell Josh. 506 00:26:22,021 --> 00:26:24,021 He just tells me to put my seatbelt on, 507 00:26:24,021 --> 00:26:27,021 and that, of course, was his way of saying 508 00:26:27,021 --> 00:26:29,021 that he was not going to pull over willingly. 509 00:26:29,021 --> 00:26:33,021 He shoots right behind my head 510 00:26:33,021 --> 00:26:35,021 and then he shoots another shot out the side window 511 00:26:35,021 --> 00:26:37,021 where it's rolled down. 512 00:26:37,021 --> 00:26:38,021 The rest of the shots that were fired 513 00:26:38,021 --> 00:26:41,021 were by the San Francisco Police Department. 514 00:26:41,021 --> 00:26:44,021 A motorcycle cop pulled right up on the side of the car 515 00:26:44,021 --> 00:26:45,021 and shot into the cab window 516 00:26:45,021 --> 00:26:49,021 and it knocked the cab window out and went into my neck. 517 00:26:49,021 --> 00:26:51,021 Josh is now going down one-way streets, 518 00:26:51,021 --> 00:26:55,021 he's hit two cars, I mean, it's become mass chaos 519 00:26:55,021 --> 00:26:58,021 and confusion, and, uh, the whole time, 520 00:26:58,021 --> 00:27:00,021 I have a bullet in my neck. 521 00:27:00,021 --> 00:27:02,021 I start to freak out, I'm bleeding a lot, 522 00:27:02,021 --> 00:27:04,021 losing a lot of blood, and so I take a towel 523 00:27:04,021 --> 00:27:06,021 and I wrap around my neck and I tell him to let 524 00:27:06,021 --> 00:27:08,021 my mom and my son know that I love them. 525 00:27:12,021 --> 00:27:14,021 - ♪ 526 00:27:14,021 --> 00:27:17,021 - My name is Jim Kopp, I was lead prosecutor 527 00:27:18,021 --> 00:27:21,021 in the capital murder prosecutions of Joshua Maxwell 528 00:27:21,021 --> 00:27:23,021 and Tessie McFarland. 529 00:27:23,021 --> 00:27:24,021 When this case occurred, I was chief 530 00:27:24,021 --> 00:27:26,021 of the Intake Division of the Bexar County 531 00:27:26,021 --> 00:27:28,021 District Attorney's Office. 532 00:27:29,021 --> 00:27:33,021 We were aware of the murder of Rudy Lopes, 533 00:27:33,021 --> 00:27:35,021 but at that point in time, we did not know 534 00:27:35,021 --> 00:27:37,021 who had committed the offense. 535 00:27:37,021 --> 00:27:41,021 The district attorney got a call from San Francisco saying that 536 00:27:41,021 --> 00:27:43,021 they had apprehended two people that were involved in it. 537 00:27:52,021 --> 00:27:55,021 On October 17th in San Francisco, 538 00:27:55,021 --> 00:27:57,021 Joshua Maxwell and Tessie McFarland 539 00:27:57,021 --> 00:28:00,021 were in Rudy Lopes' stolen pickup truck. 540 00:28:00,021 --> 00:28:02,021 They had run a red light, 541 00:28:02,021 --> 00:28:06,021 so a San Francisco police officer pulled them over. 542 00:28:06,021 --> 00:28:09,021 When he approached, they took off in the vehicle. 543 00:28:09,021 --> 00:28:10,021 He ran back to his car and gave chase. 544 00:28:11,021 --> 00:28:14,021 There was a gunfight through the streets of San Francisco 545 00:28:15,021 --> 00:28:16,021 at about five o'clock in the afternoon. 546 00:28:16,021 --> 00:28:18,021 - [siren wailing] - [gunshots] 547 00:28:18,021 --> 00:28:20,021 - JIM: Ultimately, they were able to stop them 548 00:28:20,021 --> 00:28:23,021 by a police officer knowing that their direction of travel 549 00:28:23,021 --> 00:28:28,021 pulled crossways into traffic so nobody could go forward, 550 00:28:28,021 --> 00:28:31,021 so they were able to stop the truck and get them out. 551 00:28:32,021 --> 00:28:36,021 During the pursuit and gunfight in San Francisco, 552 00:28:36,021 --> 00:28:38,021 the only person injured was Tessie McFarland, 553 00:28:38,021 --> 00:28:40,021 she was hit by a bullet. 554 00:28:41,021 --> 00:28:43,021 The San Francisco police officers had no idea 555 00:28:43,021 --> 00:28:45,021 the car was stolen, they were simply pulling it over 556 00:28:45,021 --> 00:28:46,021 for a red light. 557 00:28:46,021 --> 00:28:48,021 It was not known that Joshua Maxwell 558 00:28:48,021 --> 00:28:50,021 and Tessie McFarland were involved 559 00:28:50,021 --> 00:28:52,021 in an incident in Indianapolis 560 00:28:52,021 --> 00:28:54,021 until after they were apprehended in San Francisco. 561 00:29:37,021 --> 00:29:40,021 - JIM: Josh pretty much wanted to take full responsibility 562 00:29:40,021 --> 00:29:43,021 for the crime, and he did what little he could 563 00:29:43,021 --> 00:29:44,021 to try to shield Tessie 564 00:29:44,021 --> 00:29:46,021 from the consequences of what they'd done. 565 00:29:49,021 --> 00:29:53,021 - ♪ 566 00:29:53,021 --> 00:29:54,021 - JIM: In terms of Robby Botts, 567 00:29:55,021 --> 00:29:57,021 we know both from the statements Joshua made, 568 00:29:57,021 --> 00:29:59,021 as well as the evidence recovered in Indianapolis, 569 00:30:00,021 --> 00:30:03,021 that Joshua and Tessie were in Robby Bott's house. 570 00:30:03,021 --> 00:30:06,021 I--They watched a movie, we believe, 571 00:30:06,021 --> 00:30:08,021 at that point in time. 572 00:30:08,021 --> 00:30:09,021 We believe they abducted Robby Botts. 573 00:30:13,021 --> 00:30:17,021 What they did is, they took him to the basement of the house 574 00:30:17,021 --> 00:30:18,021 that they were fixing up in Indianapolis, 575 00:30:19,021 --> 00:30:22,021 put him in a wardrobe in the basement and locked it. 576 00:30:23,021 --> 00:30:28,021 They went back to his house, took all kinds of items, 577 00:30:28,021 --> 00:30:29,021 vacuum cleaners, all kinds of things. 578 00:30:32,021 --> 00:30:34,021 Then they went back to the house. 579 00:30:34,021 --> 00:30:37,021 At that point in time they let him out of the closet, 580 00:30:37,021 --> 00:30:40,021 took him upstairs and they had him take them shopping. 581 00:30:40,021 --> 00:30:44,021 They went to a store in Indianapolis 582 00:30:44,021 --> 00:30:46,021 and charged up about $2,000 on his credit card, 583 00:30:46,021 --> 00:30:49,021 and we have a video of this. 584 00:30:50,021 --> 00:30:52,021 Then they take him back to the house in Indianapolis 585 00:30:52,021 --> 00:30:56,021 and lock him back up in the wardrobe. 586 00:30:56,021 --> 00:30:59,021 They take a pillow, shoot Robby Botts several times, 587 00:30:59,021 --> 00:31:03,021 take the body, put it in the trunk of his car, 588 00:31:03,021 --> 00:31:05,021 drive it to a deserted area outside of Indianapolis 589 00:31:05,021 --> 00:31:07,021 and set the car on fire. 590 00:31:12,021 --> 00:31:16,021 Well, both people, uh, Robby Botts and Rudy Lopes, 591 00:31:17,021 --> 00:31:18,021 made contact with Joshua and Tessie through some type 592 00:31:18,021 --> 00:31:23,021 of advertisement for sexual services. 593 00:31:23,021 --> 00:31:26,021 We don't really know what hold they had over 'em, 594 00:31:26,021 --> 00:31:29,021 but I figured there was probably some type of blackmail. 595 00:31:30,021 --> 00:31:33,021 I don't recall him ever giving a motive for the killing. 596 00:31:33,021 --> 00:31:36,021 There was other video tapes which we had recovered, 597 00:31:36,021 --> 00:31:40,021 in which he indicates a very strong dislike for the police. 598 00:31:41,021 --> 00:31:42,021 But other than that, we didn't really have 599 00:31:42,021 --> 00:31:46,021 any particular motive other than probably just pure greed. 600 00:31:50,021 --> 00:31:51,021 After hearing the interview of Joshua Maxwell, 601 00:31:51,021 --> 00:31:54,021 the detectives did wanna talk to Tessie. 602 00:31:54,021 --> 00:31:58,021 Tessie was in the hospital undergoing medical treatment. 603 00:31:58,021 --> 00:32:00,021 She never indicated that she was involved 604 00:32:00,021 --> 00:32:04,021 in what had occurred during her statements to the police. 605 00:32:21,021 --> 00:32:23,021 - JIM: All the facts and circumstances surrounding 606 00:32:23,021 --> 00:32:27,021 this case led us to believe that Tessie was fully involved 607 00:32:27,021 --> 00:32:28,021 in everything that occurred. 608 00:32:28,021 --> 00:32:30,021 We don't believe she pulled the trigger, 609 00:32:30,021 --> 00:32:32,021 there was certainly no evidence of that, 610 00:32:32,021 --> 00:32:35,021 but there was also no evidence that she wasn't involved 611 00:32:35,021 --> 00:32:37,021 in every aspect of what went down. 612 00:32:41,021 --> 00:32:43,021 Before I went to San Francisco, all we really knew was 613 00:32:44,021 --> 00:32:48,021 that they were apprehended in Rudy Lopes' car. 614 00:32:48,021 --> 00:32:49,021 We didn't have a whole bunch more evidence 615 00:32:49,021 --> 00:32:50,021 at that point in time, 616 00:32:50,021 --> 00:32:54,021 but once we heard from the San Francisco detectives 617 00:32:54,021 --> 00:32:57,021 that Joshua had confessed to what had occurred 618 00:32:57,021 --> 00:32:59,021 in San Antonio, 619 00:32:59,021 --> 00:33:02,021 at that point in time, we had a pretty strong case. 620 00:33:03,021 --> 00:33:05,021 The District Attorney of Bexar County 621 00:33:05,021 --> 00:33:07,021 called me into her office and told me to fly out 622 00:33:07,021 --> 00:33:09,021 to San Francisco, because she wanted me to make 623 00:33:09,021 --> 00:33:11,021 every effort to see that we could get 'em back to Texas 624 00:33:11,021 --> 00:33:14,021 to stand trial. 625 00:33:14,021 --> 00:33:16,021 One of the main reasons was that they had killed 626 00:33:16,021 --> 00:33:18,021 a Texas police officer, 627 00:33:19,021 --> 00:33:21,021 and of course it was a horrendous offense 628 00:33:21,021 --> 00:33:25,021 that we certainly wanted them to face justice for. 629 00:33:25,021 --> 00:33:27,021 It was my understanding from Indiana 630 00:33:27,021 --> 00:33:29,021 that they would not be able to put on in their trial 631 00:33:29,021 --> 00:33:32,021 what had occurred in Texas, 632 00:33:32,021 --> 00:33:34,021 whereas in Texas, in our punishment phase 633 00:33:34,021 --> 00:33:35,021 of the capital murder trial, 634 00:33:36,021 --> 00:33:38,021 we could put on what occurred in Indiana. 635 00:33:38,021 --> 00:33:40,021 The jury would know it was not only one murder, 636 00:33:40,021 --> 00:33:44,021 it was two cold-blooded murders committed for profit. 637 00:33:49,021 --> 00:33:54,021 - ♪ 638 00:33:54,021 --> 00:33:57,021 - NICOLE: When I heard about the shootout in San Francisco 639 00:33:57,021 --> 00:34:00,021 with Joshua Maxwell and Tessie McFarland, 640 00:34:00,021 --> 00:34:02,021 and that they had been the ones who were accused 641 00:34:03,021 --> 00:34:04,021 of killing my Tío Rudy, 642 00:34:04,021 --> 00:34:10,021 I was extremely thankful whenever they did catch them. 643 00:34:10,021 --> 00:34:13,021 - We had, uh, numerous items linking them back to the crime 644 00:34:13,021 --> 00:34:15,021 here in, uh, in Indiana. 645 00:34:15,021 --> 00:34:18,021 There were also witnesses, um, that were placing them 646 00:34:19,021 --> 00:34:21,021 in San Antonio, we had video evidence, 647 00:34:21,021 --> 00:34:23,021 we had, uh, fingerprints. 648 00:34:23,021 --> 00:34:26,021 The evidence was definitely overwhelming against both. 649 00:34:27,021 --> 00:34:28,021 - Joshua and Tessie were indicted for capital murder, 650 00:34:29,021 --> 00:34:31,021 but we couldn't try them together. 651 00:34:31,021 --> 00:34:34,021 Joshua had prior convictions out of Indiana, 652 00:34:34,021 --> 00:34:34,021 so, because of that, 653 00:34:35,021 --> 00:34:37,021 we could not try Tessie with him. 654 00:34:43,021 --> 00:34:44,021 - ♪ 655 00:34:44,021 --> 00:34:48,021 - Josh stood trial in-- in February of 2002. 656 00:34:48,021 --> 00:34:51,021 We attended that trial and presented evidence 657 00:34:51,021 --> 00:34:52,021 from the Indiana case. 658 00:34:52,021 --> 00:34:57,021 Um, Josh had already confessed to being the trigger man 659 00:34:57,021 --> 00:35:01,021 and being the mastermind behind this entire, um, crime spree. 660 00:35:01,021 --> 00:35:04,021 - NICOLE: I followed that trial like nobody's business. 661 00:35:04,021 --> 00:35:06,021 I wish I was a little bit older, 662 00:35:06,021 --> 00:35:08,021 so I could've been a little bit more involved, 663 00:35:08,021 --> 00:35:09,021 but I guess that's kind of a good thing, 664 00:35:09,021 --> 00:35:11,021 'cause I've heard it was pretty graphic 665 00:35:11,021 --> 00:35:14,021 with all the pictures in there. 666 00:35:18,021 --> 00:35:22,021 - When Joshua and Tessie were apprehended in San Francisco, 667 00:35:22,021 --> 00:35:25,021 in the truck were some video tapes and a video camera 668 00:35:25,021 --> 00:35:28,021 that they had used to film some recordings. 669 00:35:29,021 --> 00:35:31,021 - BUTCH: One of the main things that I participated in in trial 670 00:35:31,021 --> 00:35:35,021 was introducing these tapes, um, to show not only 671 00:35:35,021 --> 00:35:38,021 Joshua Maxwell's personality, 672 00:35:38,021 --> 00:35:41,021 because in these tapes he's smoking dope, 673 00:35:41,021 --> 00:35:44,021 he's using drugs, he's walking around with a gun, 674 00:35:44,021 --> 00:35:48,021 he's portraying himself as that gangster persona. 675 00:35:48,021 --> 00:35:50,021 - JIM: Joshua Maxwell, he never testified, 676 00:35:50,021 --> 00:35:53,021 but during his incarceration in Texas, 677 00:35:53,021 --> 00:35:55,021 he had, without provocation or any excuse, 678 00:35:55,021 --> 00:35:58,021 attacked a jail guard, and that was further evidence 679 00:35:58,021 --> 00:36:00,021 we were able to offer at the trial to show 680 00:36:00,021 --> 00:36:03,021 that he'd be a future danger. 681 00:36:08,021 --> 00:36:10,021 - BUTCH: The defense's position in every death penalty case 682 00:36:10,021 --> 00:36:13,021 is to mitigate, uh, the actor's involvement. 683 00:36:13,021 --> 00:36:15,021 Show me something in this man's life 684 00:36:15,021 --> 00:36:16,021 that he didn't have a choice. 685 00:36:16,021 --> 00:36:20,021 It was a bad childhood, he was raised horribly. 686 00:36:20,021 --> 00:36:22,021 He's got mental deficiencies or mental issues 687 00:36:22,021 --> 00:36:24,021 that he can't deal with. 688 00:36:24,021 --> 00:36:26,021 - JIM: During the trial, it did come up that Joshua, 689 00:36:26,021 --> 00:36:28,021 at about the age of 12 or 13, was-- 690 00:36:29,021 --> 00:36:30,021 found out that he had been adopted and, of course, 691 00:36:31,021 --> 00:36:33,021 didn't take very well to that, 692 00:36:33,021 --> 00:36:36,021 and that that was part of the reason why he fell 693 00:36:36,021 --> 00:36:37,021 into the violent crimes. 694 00:36:37,021 --> 00:36:40,021 - JOSH: That's what I'm talkin' 'bout right there. 695 00:36:40,021 --> 00:36:43,021 - JIM: To me, it wasn't very compelling. 696 00:36:43,021 --> 00:36:46,021 - Look down the barrel of my [bleep] of my [bleep]. 697 00:36:46,021 --> 00:36:47,021 Hah. 698 00:36:50,021 --> 00:36:52,021 - BUTCH: At the conclusion of that trial, Joshua Maxwell 699 00:36:52,021 --> 00:36:53,021 was sentenced to death. 700 00:36:53,021 --> 00:36:56,021 He was incarcerated in, uh, Huntsville, 701 00:36:56,021 --> 00:36:58,021 and remained there on death row. 702 00:37:02,021 --> 00:37:04,021 - JIM: About a year later, we tried Tessie. 703 00:37:04,021 --> 00:37:06,021 - We had all intentions of moving forward 704 00:37:06,021 --> 00:37:08,021 with a death penalty against her. 705 00:37:08,021 --> 00:37:10,021 - JIM: We had a pretty strong case. 706 00:37:10,021 --> 00:37:12,021 There was a sex tape that Tessie and Joshua had filmed 707 00:37:13,021 --> 00:37:15,021 along with a third person that we don't know who he was, 708 00:37:15,021 --> 00:37:18,021 just laughing and having a great time. 709 00:37:18,021 --> 00:37:21,021 - Her defense was, "I'm a victim. Joshua forced me. 710 00:37:21,021 --> 00:37:22,021 Joshua kept me." 711 00:37:22,021 --> 00:37:25,021 But those tapes prove that that wasn't so. 712 00:37:28,021 --> 00:37:29,021 - TESSIE: Okay, now get out. - Alright. 713 00:37:29,021 --> 00:37:32,021 - TESSIE: I'm running my shower. 714 00:37:32,021 --> 00:37:34,021 Be a good kid. - JOSH: [laughing] 715 00:37:34,021 --> 00:37:37,021 - The tapes, as well as all the other evidence, 716 00:37:37,021 --> 00:37:40,021 led us to believe that Tessie was fully complicit 717 00:37:40,021 --> 00:37:41,021 in what had occurred, 718 00:37:42,021 --> 00:37:44,021 that she wasn't acting under duress. 719 00:37:44,021 --> 00:37:47,021 - NICOLE: I can't say that, you know, I've ever been 720 00:37:47,021 --> 00:37:50,021 in that type of a abusive relationship, 721 00:37:50,021 --> 00:37:54,021 and I'm not trying to talk down upon anybody who's like that, 722 00:37:54,021 --> 00:37:56,021 but she knew what she was doing. 723 00:37:56,021 --> 00:37:59,021 She's--chose not to call the police. 724 00:37:59,021 --> 00:38:00,021 Even though she didn't pull the trigger, 725 00:38:01,021 --> 00:38:02,021 she's just as guilty. 726 00:38:05,021 --> 00:38:06,021 - ♪ 727 00:38:07,021 --> 00:38:09,021 - JIM: About two weeks into jury selection, 728 00:38:09,021 --> 00:38:14,021 Tessie came to us and indicated that she wanted to plead guilty 729 00:38:14,021 --> 00:38:17,021 to capital murder if we would waive the death penalty. 730 00:38:17,021 --> 00:38:20,021 We conferred and agreed to do that. 731 00:38:20,021 --> 00:38:22,021 The state waived the death penalty, 732 00:38:22,021 --> 00:38:24,021 so she was assessed a life sentence. 733 00:38:24,021 --> 00:38:27,021 She'll be eligible for parole in 40 calendar years 734 00:38:27,021 --> 00:38:29,021 under Texas law. 735 00:38:29,021 --> 00:38:31,021 I was satisfied with the outcome. 736 00:38:35,021 --> 00:38:38,021 - I don't think that justice was served because 737 00:38:38,021 --> 00:38:40,021 Tessie McFarland deserves to die. 738 00:38:40,021 --> 00:38:42,021 The things that she and Joshua Maxwell did 739 00:38:42,021 --> 00:38:45,021 to Robby Bott, uh, in Indianapolis 740 00:38:45,021 --> 00:38:47,021 are just horrific. 741 00:38:48,021 --> 00:38:51,021 - NICOLE: The outcome, it's provided some closure, uh, 742 00:38:51,021 --> 00:38:54,021 with my family, um, 743 00:38:54,021 --> 00:38:57,021 but I don't think there'll ever be any full closure because 744 00:38:57,021 --> 00:39:00,021 our question would still be why. 745 00:39:00,021 --> 00:39:03,021 Why would they do that to anybody? 746 00:39:03,021 --> 00:39:06,021 - JIM: They would do these things to two different people. 747 00:39:07,021 --> 00:39:10,021 Essentially torture them both by holding them, shooting them, 748 00:39:11,021 --> 00:39:14,021 everything else they had done to them, and it was pure evil. 749 00:39:15,021 --> 00:39:17,021 - Looking back on that situation, 750 00:39:17,021 --> 00:39:18,021 I would have handled things 751 00:39:18,021 --> 00:39:20,021 in a completely different manner. 752 00:39:20,021 --> 00:39:21,021 Um, I'm almost 40 years old now, 753 00:39:21,021 --> 00:39:24,021 I'm a completely different person. 754 00:39:24,021 --> 00:39:26,021 I absolutely feel horrible for everybody involved. 755 00:39:26,021 --> 00:39:29,021 If I could take either one of their places, I would, 756 00:39:29,021 --> 00:39:32,021 I absolutely would. 757 00:39:32,021 --> 00:39:35,021 - NICOLE: No one ever expects it to happen to them. 758 00:39:35,021 --> 00:39:38,021 Hold your loved ones very close. 759 00:39:39,021 --> 00:39:41,021 Um, tell them how much you love them every single day. 760 00:39:54,021 --> 00:40:03,021 - ♪ 761 00:40:04,021 --> 00:40:07,021 ♪♪