1 00:00:03,367 --> 00:00:06,467 PHELPS: I could see Tray laying on the ground. 2 00:00:06,467 --> 00:00:09,467 He wasn't moving, wasn't breathing. 3 00:00:09,533 --> 00:00:11,166 HOLLOWAY: Tray was beaten severely 4 00:00:11,166 --> 00:00:12,800 and was covered in blood. 5 00:00:12,900 --> 00:00:14,734 Could it have been multiple attackers? 6 00:00:15,634 --> 00:00:17,066 A lot of people knew Tray. 7 00:00:17,066 --> 00:00:20,734 Tray loved to sing, loved to play the guitar, 8 00:00:20,800 --> 00:00:22,800 loved his son, Noah. 9 00:00:27,166 --> 00:00:28,734 STOCKDALE: When police are dealing with somebody 10 00:00:28,800 --> 00:00:30,000 who's a practiced liar, 11 00:00:30,000 --> 00:00:30,467 who's a practiced liar, 12 00:00:30,533 --> 00:00:33,266 it's tricky, because they tell more lies to cover the lies 13 00:00:33,266 --> 00:00:34,533 they already told. 14 00:00:34,634 --> 00:00:37,367 HOLLOWAY: This was a very orchestrated event. 15 00:00:37,433 --> 00:00:39,734 We didn't have the smoking gun per se. 16 00:00:39,800 --> 00:00:41,533 We still needed more. 17 00:00:50,367 --> 00:00:52,166 NARRATOR: Every day in North America, 18 00:00:52,166 --> 00:00:54,867 dozens of people are murdered. 19 00:00:54,867 --> 00:00:57,367 The key to solving the toughest of these homicides 20 00:00:57,367 --> 00:01:00,000 lies in the final 24 hours of the victim's life. 21 00:01:00,000 --> 00:01:00,734 lies in the final 24 hours of the victim's life. 22 00:01:00,800 --> 00:01:03,166 To crack the case, 23 00:01:03,166 --> 00:01:06,900 detectives must reconstruct that critical timeline, 24 00:01:07,000 --> 00:01:09,900 the minutes and hours containing evidence that can 25 00:01:10,000 --> 00:01:13,100 help unlock the mystery and catch the killer. 26 00:01:18,967 --> 00:01:21,734 [country music playing] 27 00:01:21,800 --> 00:01:25,467 Hayti is a town in Pemiscot County that borders on 28 00:01:25,467 --> 00:01:28,433 the banks of the Mississippi in the boot heel of Missouri. 29 00:01:29,600 --> 00:01:30,000 HOLLOWAY: Hayti is a small community, very rural. 30 00:01:30,000 --> 00:01:32,367 HOLLOWAY: Hayti is a small community, very rural. 31 00:01:32,367 --> 00:01:35,266 We're kind of nestled right in between Saint Louis 32 00:01:35,333 --> 00:01:36,533 and Memphis. 33 00:01:36,533 --> 00:01:39,734 Hayti is known for their agriculture. 34 00:01:39,800 --> 00:01:42,367 Their high school had a great football program. 35 00:01:42,433 --> 00:01:45,367 HOLLOWAY: Hayti is very, very close-knit. 36 00:01:45,367 --> 00:01:46,967 Everybody knows everybody, 37 00:01:46,967 --> 00:01:48,467 and if you don't know somebody, 38 00:01:48,467 --> 00:01:49,800 you know somebody that knows them. 39 00:01:51,600 --> 00:01:54,467 NARRATOR: But on an early fall morning in 2015, 40 00:01:54,533 --> 00:01:57,000 some of those close bonds are broken forever. 41 00:01:57,000 --> 00:01:58,266 [phone ringing] 42 00:01:58,266 --> 00:02:00,000 For long-time Hayti resident David Phelps, that day started 43 00:02:00,000 --> 00:02:01,900 For long-time Hayti resident David Phelps, that day started 44 00:02:02,000 --> 00:02:05,266 like any other, before he got a call about his grandson, 45 00:02:05,333 --> 00:02:08,100 26-year-old Tray Phelps. 46 00:02:08,100 --> 00:02:12,700 I got a call at around 6:20 that morning that 47 00:02:12,700 --> 00:02:17,367 Tray had not made it into work, and Tray was never late, 48 00:02:17,367 --> 00:02:21,367 never, and so I said, "I'll go over and wake him up." 49 00:02:21,367 --> 00:02:24,467 So I just drove over to Tray's house. 50 00:02:26,467 --> 00:02:29,266 NARRATOR: But while Tray's grandfather is on his way, 51 00:02:29,266 --> 00:02:30,000 one of Tray's neighbors notices something disturbing. 52 00:02:30,000 --> 00:02:32,333 one of Tray's neighbors notices something disturbing. 53 00:02:33,266 --> 00:02:35,467 JONES: Around 6:30 a.m., 54 00:02:35,467 --> 00:02:39,367 Lisa Sullivan stepped out her front door on Swan Lake Drive. 55 00:02:39,433 --> 00:02:42,634 She sees her neighbor, Tray Phelps, lying face-down 56 00:02:42,634 --> 00:02:45,900 on his driveway, and she contacts 911. 57 00:02:48,166 --> 00:02:49,467 [siren wailing] 58 00:02:49,467 --> 00:02:54,266 The ambulance got there just about the same time as I did. 59 00:02:54,266 --> 00:02:58,800 I could see Tray laying on the ground beside his car, 60 00:02:58,900 --> 00:03:00,000 and I knew something was wrong. 61 00:03:00,000 --> 00:03:02,600 and I knew something was wrong. 62 00:03:02,600 --> 00:03:06,100 He wasn't moving, wasn't breathing. 63 00:03:06,100 --> 00:03:07,900 JONES: The EMTs checked Tray's 64 00:03:08,000 --> 00:03:11,266 vitals and realized that he was deceased. 65 00:03:13,700 --> 00:03:16,367 NARRATOR: Investigator Eddie Holloway with the Pemiscot 66 00:03:16,433 --> 00:03:18,634 County Sheriff's Department takes the case. 67 00:03:20,000 --> 00:03:23,867 Tray was beaten severely and was covered in blood. 68 00:03:23,867 --> 00:03:27,066 David Phelps Sr. identified himself. 69 00:03:27,066 --> 00:03:30,000 He was very upset and said that Tray was his grandson. 70 00:03:30,000 --> 00:03:30,233 He was very upset and said that Tray was his grandson. 71 00:03:32,500 --> 00:03:34,734 A lot of people knew Tray. 72 00:03:34,734 --> 00:03:37,066 Tray was a good kid. 73 00:03:37,100 --> 00:03:40,533 He was on the training program to be a riverboat pilot. 74 00:03:41,600 --> 00:03:46,533 PHELPS: We put barges on and off the big tows going up and down 75 00:03:46,634 --> 00:03:51,900 the Mississippi River, and Tray was going to be a boat pilot, 76 00:03:53,266 --> 00:03:56,066 and, uh, he was gonna be a good one. 77 00:03:56,867 --> 00:04:00,000 JONES: I've known Tray since he was a little bitty boy, 78 00:04:00,000 --> 00:04:00,533 JONES: I've known Tray since he was a little bitty boy, 79 00:04:00,533 --> 00:04:04,367 but I've been friends with the family for a long time. 80 00:04:04,367 --> 00:04:09,367 I knew Tray loved to sing, loved to play the guitar. 81 00:04:09,367 --> 00:04:12,367 Tray loved his son, four-year-old Noah. 82 00:04:14,000 --> 00:04:16,600 NARRATOR: Now investigators begin looking for clues 83 00:04:16,600 --> 00:04:19,166 to explain why such a promising young father 84 00:04:19,166 --> 00:04:23,367 was so brutally beaten to death, and by whom. 85 00:04:23,367 --> 00:04:25,166 JONES: Tray is lying in a large pool 86 00:04:25,166 --> 00:04:27,533 of blood beside the open car door. 87 00:04:28,600 --> 00:04:30,000 HOLLOWAY: He had a large laceration to his forehead 88 00:04:30,000 --> 00:04:32,266 HOLLOWAY: He had a large laceration to his forehead 89 00:04:32,333 --> 00:04:36,367 and a lot of contusions and bruising to his face and head. 90 00:04:36,433 --> 00:04:39,467 We determined pretty quickly that Tray was beaten 91 00:04:39,467 --> 00:04:42,233 with something, but we don't know what object it was. 92 00:04:43,367 --> 00:04:46,867 The forensic report indicated Tray was hit over a dozen times, 93 00:04:46,867 --> 00:04:49,700 causing extensive internal bleeding, 94 00:04:49,700 --> 00:04:53,533 and the ultimate cause of death was a blow to his head. 95 00:04:53,634 --> 00:04:57,467 His skull was fractured in multiple places. 96 00:04:57,467 --> 00:05:00,000 The medical examiner determined that it had to have been 97 00:05:00,000 --> 00:05:01,367 The medical examiner determined that it had to have been 98 00:05:01,367 --> 00:05:03,467 some type of hard weapon, 99 00:05:03,533 --> 00:05:06,867 baseball bat, a pipe, or something like that. 100 00:05:06,867 --> 00:05:09,800 NARRATOR: Not only was the attack incredibly violent, 101 00:05:09,900 --> 00:05:13,634 the injuries on Tray's body may indicate something else. 102 00:05:13,734 --> 00:05:15,700 HOLLOWAY: With that many blows 103 00:05:15,700 --> 00:05:18,367 and that type of injury, it leads an investigator 104 00:05:18,367 --> 00:05:20,367 to think that there were multiple attackers, 105 00:05:20,367 --> 00:05:22,233 just from the amount of blows that happened. 106 00:05:24,066 --> 00:05:26,734 NARRATOR: Investigators examine Tray's vehicle for clues 107 00:05:26,800 --> 00:05:29,266 as to what may have transpired. 108 00:05:29,333 --> 00:05:30,000 Tray's car, the driver side door was open. 109 00:05:30,000 --> 00:05:32,734 Tray's car, the driver side door was open. 110 00:05:32,800 --> 00:05:36,066 His keys are in the ignition, and the dome light is on. 111 00:05:36,100 --> 00:05:37,700 HOLLOWAY: There was a large amount of blood 112 00:05:37,700 --> 00:05:40,700 on the center console, pooled in the floorboard, 113 00:05:40,700 --> 00:05:43,266 drops of blood like he had been in that car 114 00:05:43,266 --> 00:05:45,066 or tried to get in that car. 115 00:05:45,066 --> 00:05:47,367 There was blood spatter on the inside 116 00:05:47,367 --> 00:05:48,734 and on the edge of the door. 117 00:05:50,000 --> 00:05:53,533 There was a very noticeable dent in the top 118 00:05:53,533 --> 00:05:57,533 frame of the car where the door would shut, 119 00:05:57,533 --> 00:06:00,000 and the way the dents were located in the car 120 00:06:00,000 --> 00:06:00,533 and the way the dents were located in the car 121 00:06:00,533 --> 00:06:02,100 and how they were shaped, 122 00:06:02,100 --> 00:06:04,166 we figured it was either a large pipe 123 00:06:04,166 --> 00:06:07,166 and/or a baseball bat or something like that. 124 00:06:08,467 --> 00:06:11,533 JONES: Investigators located a Ruger pistol 125 00:06:11,533 --> 00:06:13,367 in Tray's glove compartment. 126 00:06:16,000 --> 00:06:18,367 NARRATOR: Investigators have seen enough to formulate 127 00:06:18,433 --> 00:06:21,166 an initial impression as to how Tray was attacked. 128 00:06:22,467 --> 00:06:24,367 JONES: In my opinion, if he had got in 129 00:06:24,367 --> 00:06:27,900 the car to go to work, someone got his attention... 130 00:06:29,100 --> 00:06:30,000 for him to step outside of his car with his car 131 00:06:30,000 --> 00:06:31,867 for him to step outside of his car with his car 132 00:06:31,867 --> 00:06:33,734 left running and the key is still in it. 133 00:06:35,467 --> 00:06:37,867 I think he was most likely blindsided, 134 00:06:37,867 --> 00:06:39,367 didn't know what was coming, 135 00:06:40,367 --> 00:06:42,367 and he was attacked. 136 00:06:42,433 --> 00:06:45,166 HOLLOWAY: There was a lot of sign of struggle. 137 00:06:45,233 --> 00:06:47,900 The movement of just the gravel and stuff, 138 00:06:48,000 --> 00:06:51,367 and the amount of blood in the driveway, in the car. 139 00:06:51,367 --> 00:06:56,367 We believe they were trying to probably finish Tray off, 140 00:06:56,433 --> 00:07:00,000 just wildly swinging and missing and hitting that car, 141 00:07:00,000 --> 00:07:00,266 just wildly swinging and missing and hitting that car, 142 00:07:00,266 --> 00:07:02,900 when Tray was trying to get in his car 143 00:07:03,000 --> 00:07:05,100 to get a handgun to defend himself. 144 00:07:07,500 --> 00:07:10,367 NARRATOR: They beat him on the ground until he was dead, 145 00:07:10,367 --> 00:07:12,066 then fled. 146 00:07:12,066 --> 00:07:15,266 As investigators process the crime scene, 147 00:07:15,266 --> 00:07:19,066 Tray's grandfather suddenly remembers something urgent. 148 00:07:19,066 --> 00:07:21,467 David Phelps Sr. told investigators that 149 00:07:21,467 --> 00:07:24,100 Madison Stegall, 150 00:07:24,100 --> 00:07:27,634 Tray's girlfriend, was possibly still in the home. 151 00:07:28,700 --> 00:07:30,000 I started thinking about Madison, you know, 152 00:07:30,000 --> 00:07:31,467 I started thinking about Madison, you know, 153 00:07:31,467 --> 00:07:34,266 because I didn't know if she might be hurt 154 00:07:34,266 --> 00:07:36,166 inside the house or something. 155 00:07:37,166 --> 00:07:40,467 Well, I went up and beat on the door, 156 00:07:40,533 --> 00:07:44,500 trying to wake her up or find out, 157 00:07:44,500 --> 00:07:46,467 and she didn't come to the door. 158 00:07:46,467 --> 00:07:47,700 [knocking noises] 159 00:07:47,700 --> 00:07:50,533 We feared that Madison might also be dead inside the home. 160 00:07:50,533 --> 00:07:52,967 So I just kept beating and banging, 161 00:07:52,967 --> 00:07:55,900 and then she finally came to the door. 162 00:07:58,367 --> 00:08:00,000 I woke up, because I heard pounding on our door, 163 00:08:00,000 --> 00:08:01,800 I woke up, because I heard pounding on our door, 164 00:08:01,900 --> 00:08:05,367 and I thought Tray had forgot something, 165 00:08:05,367 --> 00:08:08,367 either a phone charger or something that he needed 166 00:08:08,433 --> 00:08:11,467 at work, but when I got to the door, 167 00:08:11,533 --> 00:08:13,900 it was Pawpaw, Tray's grandpa. 168 00:08:16,000 --> 00:08:21,100 I told Madison in the words, "Maddie, Tray is dead." 169 00:08:26,634 --> 00:08:30,000 And, uh, she just said, you know, "Oh, no," 170 00:08:30,000 --> 00:08:31,000 And, uh, she just said, you know, "Oh, no," 171 00:08:31,000 --> 00:08:33,100 and went to pieces. 172 00:08:35,700 --> 00:08:38,533 NARRATOR: To solve the mystery of Tray Phelps' murder, 173 00:08:38,533 --> 00:08:40,734 investigators will need to reconstruct 174 00:08:40,800 --> 00:08:43,467 the last 24 hours of his life. 175 00:08:43,467 --> 00:08:45,467 Tray usually left for work 176 00:08:45,467 --> 00:08:48,467 about 5:30 in the morning. 177 00:08:48,533 --> 00:08:51,467 His car was running at the time when they found him. 178 00:08:51,533 --> 00:08:53,166 So he was getting ready to go to work. 179 00:08:53,166 --> 00:08:56,467 With Tray being expected to work at six, 180 00:08:56,533 --> 00:08:59,266 investigators believe that Tray was murdered 181 00:08:59,266 --> 00:09:00,000 somewhere between 5:30 and 6 o'clock that morning. 182 00:09:00,000 --> 00:09:03,433 somewhere between 5:30 and 6 o'clock that morning. 183 00:09:05,066 --> 00:09:07,700 NARRATOR: Investigators search the property and also a local 184 00:09:07,700 --> 00:09:08,800 garbage truck, 185 00:09:08,900 --> 00:09:11,367 looking for weapons or any evidence connected to 186 00:09:11,433 --> 00:09:12,533 the murder. 187 00:09:12,533 --> 00:09:14,367 HOLLOWAY: Investigators didn't find any weapons 188 00:09:14,367 --> 00:09:16,634 or bloody clothing in the trash. 189 00:09:17,634 --> 00:09:19,734 At this point, investigators had no weapon. 190 00:09:19,734 --> 00:09:22,100 We really didn't have any suspects at the time. 191 00:09:23,467 --> 00:09:26,800 Investigators need to speak to Madison to make sure 192 00:09:26,900 --> 00:09:28,266 there wasn't any quarrels 193 00:09:28,266 --> 00:09:30,000 or any kind of domestic situation 194 00:09:30,000 --> 00:09:31,066 or any kind of domestic situation 195 00:09:31,066 --> 00:09:32,900 going on with the two of them. 196 00:09:33,000 --> 00:09:35,867 Tray's fiancee, Madison, claims to have slept 197 00:09:35,867 --> 00:09:38,734 through this entire traumatic ordeal. 198 00:09:38,800 --> 00:09:42,166 She tells investigators that she didn't hear or see anything, 199 00:09:42,233 --> 00:09:44,467 despite the fact that Tray is beaten 200 00:09:44,533 --> 00:09:47,266 for several minutes, and there's significant 201 00:09:47,266 --> 00:09:49,266 damage to his vehicle, too. 202 00:09:49,266 --> 00:09:51,600 Someone is smashing door panes, 203 00:09:51,600 --> 00:09:54,700 windshield glass, and things that make noise. 204 00:09:54,700 --> 00:09:57,166 NARRATOR: Was Tray's fiancee sleeping while he was 205 00:09:57,233 --> 00:10:00,000 violently attacked, or is she somehow involved? 206 00:10:00,000 --> 00:10:00,734 violently attacked, or is she somehow involved? 207 00:10:04,734 --> 00:10:07,467 NARRATOR: Just hours after 26-year-old Tray Phelps 208 00:10:07,467 --> 00:10:09,367 is found dead on his driveway, 209 00:10:09,367 --> 00:10:12,734 Pemiscot County investigators want to know if his fiancee, 210 00:10:12,800 --> 00:10:15,967 19-year-old Madison Stegall, had something 211 00:10:15,967 --> 00:10:17,700 to do with his murder. 212 00:10:17,700 --> 00:10:21,734 The attack took place just outside her bedroom window. 213 00:10:21,800 --> 00:10:24,100 We asked Madison if she remembered 214 00:10:24,100 --> 00:10:27,867 or seen Tray before he left for work. 215 00:10:27,900 --> 00:10:30,533 STEGALL: I told the investigators that 216 00:10:30,634 --> 00:10:32,476 Tray had woken me up around 5-ish 217 00:10:32,476 --> 00:10:34,266 Tray had woken me up around 5-ish 218 00:10:34,266 --> 00:10:36,533 to kiss me goodbye, 219 00:10:36,533 --> 00:10:39,100 and I fell back asleep. 220 00:10:41,500 --> 00:10:43,166 NARRATOR: The attack on Tray happened 221 00:10:43,233 --> 00:10:46,734 minutes later in her driveway, a few feet away. 222 00:10:46,800 --> 00:10:50,533 How could Madison have slept through it without waking up? 223 00:10:50,533 --> 00:10:54,600 I'm a heavy sleeper, and I have to have 224 00:10:54,600 --> 00:10:58,367 at least one fan going when I sleep. 225 00:10:58,367 --> 00:11:01,066 NARRATOR: She told investigators the noise from the fans 226 00:11:01,066 --> 00:11:02,476 blocked out sounds of the attack on Tray. 227 00:11:02,476 --> 00:11:04,266 blocked out sounds of the attack on Tray. 228 00:11:04,266 --> 00:11:06,900 I never didn't hear anything that morning, 229 00:11:08,533 --> 00:11:10,734 and that's one of my biggest... 230 00:11:13,266 --> 00:11:17,533 regrets is I feel guilty for not... 231 00:11:18,800 --> 00:11:21,433 hearing anything, not being able to... 232 00:11:23,700 --> 00:11:25,066 save him. 233 00:11:27,000 --> 00:11:28,467 HOLLOWAY: When we interviewed Madison, 234 00:11:28,467 --> 00:11:31,066 we found that they were very happy young couple. 235 00:11:31,066 --> 00:11:32,476 Tray even had life insurance, but it was in his son's name. 236 00:11:32,476 --> 00:11:35,066 Tray even had life insurance, but it was in his son's name. 237 00:11:35,066 --> 00:11:38,467 So there's no monetary benefit for Madison 238 00:11:38,467 --> 00:11:40,533 to have something to do with this. 239 00:11:40,533 --> 00:11:42,700 JONES: Madison, very sweet girl, was 240 00:11:42,700 --> 00:11:45,066 a great relationship that those two had. 241 00:11:46,367 --> 00:11:48,734 NARRATOR: Still, investigators aren't surprised 242 00:11:48,800 --> 00:11:50,367 when Tray's heavy-sleeping fiancee 243 00:11:50,367 --> 00:11:54,066 tries to point blame elsewhere, at Tray's ex-wife. 244 00:11:55,000 --> 00:11:59,100 I told the detectives and the investigators that Tray had 245 00:11:59,100 --> 00:12:01,467 been having problems with his ex-wife, 246 00:12:01,467 --> 00:12:02,476 Heather Cummings, 247 00:12:02,476 --> 00:12:03,533 Heather Cummings, 248 00:12:03,533 --> 00:12:07,000 about the custody of their son, Noah. 249 00:12:08,266 --> 00:12:10,266 NARRATOR: Two years before his death, 250 00:12:10,266 --> 00:12:13,266 Tray and his ex-wife, Heather Cummings, divorced. 251 00:12:13,266 --> 00:12:17,533 Heather and Tray were together for 13 months, 252 00:12:17,533 --> 00:12:21,166 and she had become pregnant while they were dating, 253 00:12:21,233 --> 00:12:23,367 and so they got married. 254 00:12:24,634 --> 00:12:27,467 In the beginning, they were happy. 255 00:12:27,533 --> 00:12:30,800 But on their second anniversary, 256 00:12:30,800 --> 00:12:32,476 Heather told Tray that she wanted to be single again. 257 00:12:32,476 --> 00:12:35,867 Heather told Tray that she wanted to be single again. 258 00:12:37,166 --> 00:12:40,467 Tray was awarded joint custody of Noah. 259 00:12:40,467 --> 00:12:42,800 It was 50-50. 260 00:12:42,800 --> 00:12:46,166 One week with Tray, and Noah would spend one week 261 00:12:46,166 --> 00:12:49,700 with his mother, because they were living just a few blocks 262 00:12:49,700 --> 00:12:53,367 away from each other to make sure Noah was taken care of, 263 00:12:53,367 --> 00:12:55,734 because we just all loved him so much. 264 00:12:56,967 --> 00:12:58,967 NARRATOR: In fairness to both young parents, 265 00:12:58,967 --> 00:13:02,476 the family court judge split custody evenly between them. 266 00:13:02,476 --> 00:13:02,734 the family court judge split custody evenly between them. 267 00:13:02,734 --> 00:13:05,734 So investigators are unclear why Heather might be upset 268 00:13:05,800 --> 00:13:07,266 with Tray about it, 269 00:13:07,266 --> 00:13:09,867 enough to possibly kill the father of her son, 270 00:13:09,900 --> 00:13:11,634 as Madison now claimed. 271 00:13:11,734 --> 00:13:14,166 I told investigators that 272 00:13:14,233 --> 00:13:18,233 I thought Heather could be involved in Tray's murder. 273 00:13:21,000 --> 00:13:22,734 NARRATOR: Did Heather Cummings have any reason 274 00:13:22,800 --> 00:13:24,367 to want to harm Tray? 275 00:13:24,433 --> 00:13:27,367 We bring Heather to the station for questioning. 276 00:13:27,367 --> 00:13:30,700 HOLLOWAY: She seemed upset and shocked. 277 00:13:30,700 --> 00:13:32,476 We asked Heather, um, what her status 278 00:13:32,476 --> 00:13:34,467 We asked Heather, um, what her status 279 00:13:34,533 --> 00:13:37,333 was with Tray and their relationship. 280 00:13:48,100 --> 00:13:51,367 Heather told us that Tray was a good father, 281 00:13:51,367 --> 00:13:54,533 and she was pleased with the new custody arrangement 282 00:13:54,533 --> 00:13:58,066 that -- that happened, uh, in court. 283 00:14:05,967 --> 00:14:08,600 Heather tells my colleagues, her and Tray 284 00:14:08,600 --> 00:14:11,867 were always friendly in front of their son. 285 00:14:11,900 --> 00:14:13,066 NARRATOR: Heather says like Tray, 286 00:14:13,066 --> 00:14:16,467 she agreed to the 50-50 custody with their son. 287 00:14:16,467 --> 00:14:19,634 But can she verify where she was at the time of the murder? 288 00:14:20,634 --> 00:14:22,734 HOLLOWAY: Heather tells us that she was with Noah 289 00:14:22,734 --> 00:14:24,900 that morning at her mom and dad's house. 290 00:14:33,634 --> 00:14:35,700 HOLLOWAY: About 7:20, 7:30, 291 00:14:35,700 --> 00:14:38,367 her and her mother drop Noah off at preschool. 292 00:14:38,367 --> 00:14:41,066 She returns home, they pick up her boyfriend, 293 00:14:41,100 --> 00:14:43,634 Bert, and drive him to his mother's house. 294 00:14:43,734 --> 00:14:46,734 Investigators made contact with the preschool there in Hayti 295 00:14:46,734 --> 00:14:51,367 and confirmed that Noah was dropped off about that time. 296 00:14:51,367 --> 00:14:53,066 NARRATOR: There's something else about Heather 297 00:14:53,066 --> 00:14:55,700 that doesn't quite fit the crime. 298 00:14:55,700 --> 00:14:57,233 HOLLOWAY: Looking at Heather's build, 299 00:14:57,266 --> 00:15:02,467 Heather is about four-foot-nine, maybe 115 pounds. 300 00:15:02,533 --> 00:15:04,533 There's no way that Heather Cummings 301 00:15:04,533 --> 00:15:06,734 could have inflicted those wounds on Tray. 302 00:15:08,166 --> 00:15:10,166 NARRATOR: Investigators return to Tray's home 303 00:15:10,166 --> 00:15:11,734 to ask his fiancee, Madison, 304 00:15:11,734 --> 00:15:14,100 if anyone else may have wanted to harm Tray. 305 00:15:15,266 --> 00:15:19,166 Madison points to a suspicious character in the neighborhood. 306 00:15:19,166 --> 00:15:22,967 Madison describes a gentleman to us that was kinda 307 00:15:22,967 --> 00:15:26,066 lurking around her house a couple weeks prior. 308 00:15:26,066 --> 00:15:28,533 It was usually in the daytime, 309 00:15:28,634 --> 00:15:31,367 about midday or afternoon. 310 00:15:31,367 --> 00:15:32,476 He had asked if he could rake up leaves in our yard. 311 00:15:32,476 --> 00:15:35,266 He had asked if he could rake up leaves in our yard. 312 00:15:35,266 --> 00:15:38,100 So we were like, "No, no, thank you." 313 00:15:38,100 --> 00:15:40,000 The man had come back a second time, 314 00:15:40,000 --> 00:15:43,533 either a day or two later, and asked if we wanted to buy 315 00:15:43,533 --> 00:15:45,467 some German Shepherd puppies. 316 00:15:45,533 --> 00:15:48,600 Said, "No, we don't need another dog." 317 00:15:48,600 --> 00:15:52,367 My neighbor had told me in passing, the man coming by, 318 00:15:52,367 --> 00:15:56,266 he had previously been in trouble for arson 319 00:15:56,266 --> 00:15:59,266 at The Store in Hayti, 320 00:15:59,266 --> 00:16:02,476 which is a local gas station convenience store. 321 00:16:02,476 --> 00:16:02,600 which is a local gas station convenience store. 322 00:16:02,600 --> 00:16:06,100 It just scared me knowing that I was gonna be there alone, 323 00:16:06,100 --> 00:16:08,734 and it seemed like this man kept coming by. 324 00:16:11,000 --> 00:16:13,367 NARRATOR: Investigators ask Madison's neighbors if 325 00:16:13,367 --> 00:16:15,467 they might know the man's name. 326 00:16:15,467 --> 00:16:19,000 During this canvass, investigators identified 327 00:16:19,000 --> 00:16:20,600 a gentleman named Callum Thorpe. 328 00:16:20,600 --> 00:16:24,867 He's kind of a local handyman, odd jobs guy. 329 00:16:25,867 --> 00:16:28,900 We discovered that he had just recently been arrested 330 00:16:29,000 --> 00:16:31,066 for robbery, which is kind of interesting 331 00:16:31,066 --> 00:16:32,476 due to the fact that Tray was 332 00:16:32,476 --> 00:16:32,734 due to the fact that Tray was 333 00:16:32,800 --> 00:16:35,233 bludgeoned to death with a weapon. 334 00:16:35,266 --> 00:16:36,967 Robbery is essentially theft 335 00:16:36,967 --> 00:16:38,734 plus violence -- you bring a weapon to 336 00:16:38,800 --> 00:16:42,634 a burglary or to steal something, that's now a robbery. 337 00:16:42,634 --> 00:16:44,967 Given that we have an improvised weapon 338 00:16:44,967 --> 00:16:48,533 or a weapon commonly used in robberies, a baseball bat, 339 00:16:48,533 --> 00:16:53,000 investigators have to wonder, was this a robbery gone bad? 340 00:16:53,000 --> 00:16:55,900 NARRATOR: Investigators need to find Callum Thorpe. 341 00:16:56,000 --> 00:16:58,734 He's robbed and used a weapon in the past. 342 00:16:58,734 --> 00:16:59,900 Is he now a killer? 343 00:17:02,734 --> 00:17:05,266 NARRATOR: Just hours after the murder of Tray Phelps, 344 00:17:05,266 --> 00:17:08,967 investigators question an ex-con named Callum Thorpe. 345 00:17:08,967 --> 00:17:11,900 He was seen at the house just days before the murder. 346 00:17:13,100 --> 00:17:14,634 Investigators bring Callum in to 347 00:17:14,634 --> 00:17:16,533 the police station for questioning. 348 00:17:25,166 --> 00:17:27,533 Mr. Thorpe said that he didn't even know 349 00:17:27,533 --> 00:17:30,734 Tray was murdered until his mother had told him. 350 00:17:35,867 --> 00:17:38,166 HOLLOWAY: Mr. Thorpe tells us that he goes 351 00:17:38,166 --> 00:17:41,100 to bed the night before, about 11 o'clock, 352 00:17:41,100 --> 00:17:43,967 wakes up about one o'clock due to some medication 353 00:17:43,967 --> 00:17:46,166 that he takes, makes him sleep a lot. 354 00:17:54,634 --> 00:17:56,734 HOLLOWAY: Investigators spoke with Callum's mother. 355 00:17:56,800 --> 00:18:00,266 She verified his story, said he was at home that night. 356 00:18:00,266 --> 00:18:01,103 A consent search was also conducted of his residence, 357 00:18:01,103 --> 00:18:03,266 A consent search was also conducted of his residence, 358 00:18:03,266 --> 00:18:04,967 and there was no evidence located 359 00:18:05,000 --> 00:18:06,734 in his residence either. 360 00:18:06,734 --> 00:18:10,266 Investigators removed Callum from the list of suspects. 361 00:18:11,467 --> 00:18:13,734 NARRATOR: With Callum eliminated as a suspect, 362 00:18:13,800 --> 00:18:16,634 and the unknown killer or killers still at large, 363 00:18:16,700 --> 00:18:19,734 homicide investigators broaden their search. 364 00:18:19,734 --> 00:18:22,433 Investigators turned to social media to see if 365 00:18:22,500 --> 00:18:25,266 they could learn any clues about Tray's murder. 366 00:18:25,333 --> 00:18:28,266 Tray was very active online with his music, 367 00:18:28,333 --> 00:18:31,000 singing songs, played his guitar. 368 00:18:31,000 --> 00:18:31,103 This goes out to y'all. 369 00:18:31,103 --> 00:18:32,100 This goes out to y'all. 370 00:18:32,100 --> 00:18:34,734 [playing guitar] 371 00:18:34,734 --> 00:18:37,266 Played about anything -- country music, 372 00:18:37,266 --> 00:18:40,634 rock music, pop music, whatever, he'd play it. 373 00:18:40,634 --> 00:18:41,967 Let's burn it down. 374 00:18:42,000 --> 00:18:43,367 [strums guitar] 375 00:18:43,433 --> 00:18:47,266 We didn't find anything. Tray was just a well-liked kid. 376 00:18:48,467 --> 00:18:50,467 NARRATOR: Casting a wider net, 377 00:18:50,467 --> 00:18:52,867 investigators search social media pages 378 00:18:52,867 --> 00:18:55,066 of Tray's friends and family. 379 00:18:55,100 --> 00:18:57,867 They find some questionable photos linked to the page of 380 00:18:57,867 --> 00:18:59,634 Tray's ex-wife, Heather, 381 00:18:59,634 --> 00:19:01,103 but she didn't post the pics. 382 00:19:01,103 --> 00:19:01,533 but she didn't post the pics. 383 00:19:01,533 --> 00:19:03,867 They were posted by Heather's new boyfriend, 384 00:19:03,900 --> 00:19:06,433 41-year-old Bert Ellison. 385 00:19:08,166 --> 00:19:11,367 We went through Bert Ellison's social media. 386 00:19:11,367 --> 00:19:16,367 Um, there was a lot of postings of him with rifles and handguns 387 00:19:16,433 --> 00:19:17,867 and kind of, um, 388 00:19:17,867 --> 00:19:21,734 "look what I got" bravado-type thing -- it was concerning. 389 00:19:21,734 --> 00:19:25,867 Bert had posted online about, 390 00:19:25,900 --> 00:19:28,266 "If you mess with my family, 391 00:19:28,333 --> 00:19:30,634 you're messing with me." 392 00:19:30,634 --> 00:19:31,103 NARRATOR: Investigators also discover 393 00:19:31,103 --> 00:19:32,533 NARRATOR: Investigators also discover 394 00:19:32,533 --> 00:19:34,634 that Bert's a former college football player, 395 00:19:34,634 --> 00:19:37,734 and 20 years after the end of his playing days, 396 00:19:37,800 --> 00:19:41,166 Bert still relishes his reputation for toughness, 397 00:19:41,233 --> 00:19:44,266 especially with his new girlfriend, Heather. 398 00:19:44,266 --> 00:19:45,967 HOLLOWAY: When looking at this relationship 399 00:19:46,000 --> 00:19:47,166 between Heather and Bert, 400 00:19:47,166 --> 00:19:50,467 I think that's about a 14- or 15-year age gap between them, 401 00:19:50,467 --> 00:19:52,100 um, it's important to look at, you know, 402 00:19:52,100 --> 00:19:55,100 who's the dominant figure in that relationship? 403 00:19:55,100 --> 00:19:58,533 Is there a jealousy portion? 404 00:19:59,634 --> 00:20:01,103 NARRATOR: Tray's family says that Tray and Bert argued 405 00:20:01,103 --> 00:20:02,266 NARRATOR: Tray's family says that Tray and Bert argued 406 00:20:02,333 --> 00:20:04,533 more than once, when Tray came to pick up 407 00:20:04,533 --> 00:20:06,266 or drop off his young son, Noah. 408 00:20:07,634 --> 00:20:12,266 Bert had threatened to beat him up or, you know, 409 00:20:12,266 --> 00:20:16,100 fight him, I guess to try to scare him off. 410 00:20:16,100 --> 00:20:19,066 STOCKDALE: The fact that Heather's current partner 411 00:20:19,100 --> 00:20:21,266 doesn't get along with Tray is something 412 00:20:21,266 --> 00:20:23,066 that needs to be explored, because 413 00:20:23,100 --> 00:20:25,867 those types of relationships, there can be competition, 414 00:20:25,867 --> 00:20:29,800 and perhaps he wants to take matters into his own hands. 415 00:20:30,734 --> 00:20:31,103 JONES: Bert Ellison is brought 416 00:20:31,103 --> 00:20:32,634 JONES: Bert Ellison is brought 417 00:20:32,700 --> 00:20:34,634 to the police department for questioning. 418 00:20:36,166 --> 00:20:38,867 He had a kind of, uh, didn't care attitude. 419 00:20:38,867 --> 00:20:41,266 Um, he didn't ask what happened to Tray. 420 00:20:48,100 --> 00:20:50,734 HOLLOWAY: Bert tells us that he's never been to Tray's house. 421 00:20:50,800 --> 00:20:52,266 He says he was never involved in the -- 422 00:20:52,333 --> 00:20:55,266 in a murder or never involved in hurting Tray. 423 00:21:02,100 --> 00:21:05,266 Bert brings up, um, David Phelps Jr., 424 00:21:05,266 --> 00:21:08,967 Tray's dad says, "Hey, I'm friends with this guy. 425 00:21:09,000 --> 00:21:11,533 "Um, I went to school with him. I'm a father too. 426 00:21:11,600 --> 00:21:13,800 There's no way I'd hurt Tray." 427 00:21:19,000 --> 00:21:20,867 HOLLOWAY: During this part of the interrogation, 428 00:21:20,867 --> 00:21:23,800 investigators ask Bert Ellison to look at his cellphone. 429 00:21:24,734 --> 00:21:27,800 They find photos of Tray's house. 430 00:21:34,734 --> 00:21:36,734 That's a big clue, when he just 431 00:21:36,800 --> 00:21:38,900 tells us that he's never been there. 432 00:21:51,367 --> 00:21:54,634 And at that point, we looked at the timestamps 433 00:21:54,700 --> 00:21:57,634 on those photos, and they're from September of 2015, 434 00:21:57,634 --> 00:22:00,433 about the time Tray is murdered. 435 00:22:00,500 --> 00:22:01,103 Bert has now lied to investigators about 436 00:22:01,103 --> 00:22:03,367 Bert has now lied to investigators about 437 00:22:03,367 --> 00:22:05,867 his knowledge of the victim and where the victim lives. 438 00:22:06,700 --> 00:22:08,867 HOLLOWAY: Those photos are what we would consider 439 00:22:08,867 --> 00:22:10,634 like reconnaissance photos, 440 00:22:10,700 --> 00:22:14,967 being taken just days before Tray being murdered, 441 00:22:14,967 --> 00:22:17,166 and with all the animosity going on, 442 00:22:17,233 --> 00:22:20,266 there was enough probable cause at that time 443 00:22:20,333 --> 00:22:22,734 to go ahead and arrest Bert Ellison. 444 00:22:22,734 --> 00:22:24,467 NARRATOR: Just hours after the homicide, 445 00:22:24,467 --> 00:22:27,166 Bert is arrested with probable cause for the first-degree 446 00:22:27,166 --> 00:22:30,433 murder of Tray Phelps, but he insists he's innocent. 447 00:22:38,467 --> 00:22:41,734 NARRATOR: Investigators still need evidence to prove it. 448 00:22:41,734 --> 00:22:43,967 Bert Ellison's house was searched, but there was 449 00:22:43,967 --> 00:22:45,266 no evidence found, 450 00:22:45,266 --> 00:22:49,266 no bloody clothes, no weapon. 451 00:22:49,266 --> 00:22:52,266 NARRATOR: Still, investigators remain convinced that 452 00:22:52,266 --> 00:22:54,533 Bert knows more than he claims, 453 00:22:54,600 --> 00:22:56,734 and likely who else was involved. 454 00:22:56,734 --> 00:23:00,233 We knew that there are still multiple suspects in this. 455 00:23:01,700 --> 00:23:04,634 This was a very orchestrated event, and it 456 00:23:04,634 --> 00:23:07,533 took more than one person to pull this off. 457 00:23:09,467 --> 00:23:12,166 NARRATOR: The Pemiscot D.A. informs Tray's parents that 458 00:23:12,166 --> 00:23:14,734 Bert Ellison is in the county lockup for murder, 459 00:23:17,367 --> 00:23:19,000 but he's refusing to talk. 460 00:23:21,467 --> 00:23:25,634 Tray's dad and I talked to the prosecutor. 461 00:23:25,634 --> 00:23:27,867 We asked could we make a video. 462 00:23:54,967 --> 00:23:58,533 SKELTON: We were pleading with him as parents 463 00:23:58,533 --> 00:24:01,103 to give us information. 464 00:24:01,103 --> 00:24:02,367 to give us information. 465 00:24:22,100 --> 00:24:25,266 NARRATOR: One day after 27-year-old Tray Phelps is 466 00:24:25,266 --> 00:24:28,100 beaten to death on his front lawn in Hayti, Missouri, 467 00:24:28,100 --> 00:24:30,467 Tray's parents make an emotional plea to 468 00:24:30,467 --> 00:24:32,000 family friend, Bert Ellison. 469 00:24:32,000 --> 00:24:35,266 Bert's been charged for Tray's murder, 470 00:24:35,266 --> 00:24:37,367 but they feel certain that if he did it, 471 00:24:37,367 --> 00:24:39,100 Bert wasn't acting alone. 472 00:24:47,000 --> 00:24:48,500 Investigators could see in -- 473 00:24:48,500 --> 00:24:51,209 in Bert's eyes that video got to him. 474 00:24:51,209 --> 00:24:51,433 in Bert's eyes that video got to him. 475 00:24:56,967 --> 00:25:00,467 We were hoping that Bert would implicate more people 476 00:25:00,467 --> 00:25:02,734 and tell us the entire story of what happened. 477 00:25:19,367 --> 00:25:21,209 NARRATOR: Chester Cummings is the father of Bert's girlfriend, 478 00:25:21,209 --> 00:25:21,867 NARRATOR: Chester Cummings is the father of Bert's girlfriend, 479 00:25:21,867 --> 00:25:23,166 Heather Cummings. 480 00:25:23,166 --> 00:25:25,867 He's also a mild-mannered school bus driver without 481 00:25:25,867 --> 00:25:28,367 a criminal record -- that makes him 482 00:25:28,367 --> 00:25:30,367 an unlikely suspect in the brazen murder 483 00:25:30,433 --> 00:25:32,166 of Tray Phelps on his driveway. 484 00:25:33,100 --> 00:25:35,867 So investigators have one question -- 485 00:25:35,867 --> 00:25:38,700 by implicating Chester in the homicide, is 486 00:25:38,700 --> 00:25:42,367 Bert lying again just to protect himself? 487 00:25:42,367 --> 00:25:43,600 With Bert's claim, 488 00:25:43,600 --> 00:25:47,367 investigators can also file murder charges against Chester. 489 00:25:47,367 --> 00:25:49,867 But unless Bert was a direct eyewitness, 490 00:25:49,867 --> 00:25:51,209 investigators still need more to make the charges stick. 491 00:25:51,209 --> 00:25:53,367 investigators still need more to make the charges stick. 492 00:25:53,367 --> 00:25:56,367 We go ahead and arrest Chester Cummings, 493 00:25:56,433 --> 00:25:59,634 and Chester, he's not a very big person. 494 00:25:59,634 --> 00:26:03,900 Very quiet, not violent, doesn't seem violent anyway. 495 00:26:07,100 --> 00:26:09,533 Investigators ask Chester what he was doing on 496 00:26:09,634 --> 00:26:11,266 September the 24th, 497 00:26:11,266 --> 00:26:13,734 the day of Tray's murder. 498 00:26:13,800 --> 00:26:15,867 HOLLOWAY: He told us that he woke up about 499 00:26:15,867 --> 00:26:17,266 six o'clock that morning. 500 00:26:17,266 --> 00:26:20,634 He told us that Heather and Bert were asleep at the house. 501 00:26:29,600 --> 00:26:32,266 He said that Ronda, his wife, dropped 502 00:26:32,266 --> 00:26:36,500 him off at the bus barn for work about 6:25. 503 00:26:36,500 --> 00:26:38,467 Investigators checked the surveillance 504 00:26:38,467 --> 00:26:42,266 at Chester's work and determined Chester's wife, Ronda, 505 00:26:42,266 --> 00:26:46,900 dropped him off in a 2010 Dodge Avenger at 6:25 a.m. 506 00:26:47,867 --> 00:26:50,266 NARRATOR: The video confirms Chester's statement, 507 00:26:50,266 --> 00:26:51,209 but where were Chester and Ronda 508 00:26:51,209 --> 00:26:52,066 but where were Chester and Ronda 509 00:26:52,066 --> 00:26:55,533 an hour earlier, at 5:30 a.m., when Tray was killed? 510 00:27:01,166 --> 00:27:04,000 NARRATOR: Chester insists they were still asleep in bed. 511 00:27:09,800 --> 00:27:11,533 NARRATOR: Chester remains in custody until 512 00:27:11,634 --> 00:27:14,166 investigators can verify his claim. 513 00:27:14,166 --> 00:27:16,533 If they find his wife Ronda's black Dodge 514 00:27:16,634 --> 00:27:20,367 Avenger on local surveillance cameras earlier than 6 a.m., 515 00:27:20,367 --> 00:27:21,209 they'll know he's lying. 516 00:27:21,209 --> 00:27:21,533 they'll know he's lying. 517 00:27:22,500 --> 00:27:24,266 HOLLOWAY: We obtained video surveillance from 518 00:27:24,266 --> 00:27:27,467 the local convenience store gas station. 519 00:27:27,533 --> 00:27:29,867 We started going through the video, and, um, 520 00:27:29,867 --> 00:27:33,867 at about 5:30, we observed a Black Dodge Avenger 521 00:27:33,867 --> 00:27:36,734 go through the intersection, going south, 522 00:27:36,734 --> 00:27:40,967 toward Tray Phelps's house, and about 5:50, 523 00:27:40,967 --> 00:27:42,467 we see that car again, 524 00:27:42,467 --> 00:27:46,734 coming back north, going to the Cummings residence. 525 00:27:46,800 --> 00:27:49,967 We determined that that car was a Black Dodge Avenger, 526 00:27:49,967 --> 00:27:51,209 about the same year model 527 00:27:51,209 --> 00:27:51,867 about the same year model 528 00:27:51,867 --> 00:27:55,066 of a vehicle owned by Ronda Cummings. 529 00:27:55,066 --> 00:27:57,266 NARRATOR: The angle and resolution conceals 530 00:27:57,333 --> 00:27:59,467 the identity of the driver. 531 00:27:59,533 --> 00:28:02,734 But other footage does make one detail perfectly clear. 532 00:28:04,500 --> 00:28:06,467 HOLLOWAY: In the surveillance video, it's clearly seen 533 00:28:06,533 --> 00:28:08,533 there's at least three people in that vehicle. 534 00:28:08,634 --> 00:28:12,367 There's a driver, a passenger, and someone in the back. 535 00:28:12,367 --> 00:28:15,467 ARNTFIELD: An exterior security camera that confirms 536 00:28:15,467 --> 00:28:18,100 it's a black sedan with three occupants. 537 00:28:18,100 --> 00:28:19,533 Police are dealing with not one, 538 00:28:19,634 --> 00:28:21,209 not two, but potentially three murderers acting in league. 539 00:28:21,209 --> 00:28:23,367 not two, but potentially three murderers acting in league. 540 00:28:28,166 --> 00:28:31,066 That denounces all the stories that has been told to us 541 00:28:31,066 --> 00:28:32,166 so far. 542 00:28:32,166 --> 00:28:34,367 NARRATOR: Investigators suspect two of the people 543 00:28:34,367 --> 00:28:36,533 in the car are already in custody -- 544 00:28:36,634 --> 00:28:38,600 Bert Ellison 545 00:28:38,600 --> 00:28:40,166 and Chester Cummings. 546 00:28:40,166 --> 00:28:42,700 They suspect the driver is Chester's wife, 547 00:28:42,700 --> 00:28:44,867 Ronda Cummings. 548 00:28:44,867 --> 00:28:47,867 Investigators pick up Ronda to hear her version of 549 00:28:47,900 --> 00:28:49,634 what she and Chester did that morning 550 00:28:49,634 --> 00:28:51,209 and who may have been in her car. 551 00:28:51,209 --> 00:28:51,734 and who may have been in her car. 552 00:29:05,634 --> 00:29:08,166 She said, "Yeah, that's exactly what we done. 553 00:29:08,166 --> 00:29:11,066 I dropped him off at work, and I came home." 554 00:29:11,100 --> 00:29:14,000 NARRATOR: Now investigators press Ronda about seeing her car 555 00:29:14,000 --> 00:29:16,467 in surveillance video earlier than she claims 556 00:29:16,533 --> 00:29:19,734 with three people in the vehicle. 557 00:29:19,734 --> 00:29:21,209 HOLLOWAY: We confront Ronda and tell Ronda that we have 558 00:29:21,209 --> 00:29:22,367 HOLLOWAY: We confront Ronda and tell Ronda that we have 559 00:29:22,367 --> 00:29:26,066 her vehicle on surveillance going toward Tray's house 560 00:29:26,066 --> 00:29:28,467 prior to Tray being murdered 561 00:29:28,467 --> 00:29:31,533 and then a short time later, coming back. 562 00:29:33,266 --> 00:29:35,734 JONES: Ronda doesn't deny it's her car, 563 00:29:35,800 --> 00:29:39,467 but she says she doesn't have any idea who's in it. 564 00:29:49,700 --> 00:29:51,209 NARRATOR: Investigators believe all three suspects are lying, 565 00:29:51,209 --> 00:29:53,166 NARRATOR: Investigators believe all three suspects are lying, 566 00:29:53,166 --> 00:29:55,900 but to get convictions, they need proof. 567 00:29:57,600 --> 00:29:58,867 We still needed more. 568 00:29:58,867 --> 00:30:01,867 We didn't have the smoking gun, per se, to 569 00:30:01,900 --> 00:30:04,967 put any of them in jail with ironclad evidence. 570 00:30:04,967 --> 00:30:06,467 During the interview of Chester, 571 00:30:06,533 --> 00:30:08,066 we asked him for his cellphone, 572 00:30:08,066 --> 00:30:11,467 and he immediately gives his phone up willingly. 573 00:30:11,467 --> 00:30:12,900 When we examined his phone, 574 00:30:13,000 --> 00:30:15,600 he had already deleted a lot of his text messages 575 00:30:15,600 --> 00:30:18,734 and his call logs to avoid us reading it. 576 00:30:18,800 --> 00:30:20,367 We asked him why he had deleted it. 577 00:30:20,367 --> 00:30:21,209 He said, "Oh, that's just something I do." 578 00:30:21,209 --> 00:30:22,266 He said, "Oh, that's just something I do." 579 00:30:22,266 --> 00:30:24,734 Anything in that timeframe was deleted. 580 00:30:26,166 --> 00:30:29,367 We got a search warrant for Chester Cummings' call logs from 581 00:30:29,367 --> 00:30:33,967 his provider, and his call log was conflicting to his story of 582 00:30:33,967 --> 00:30:35,634 what time he got up in the morning. 583 00:30:35,734 --> 00:30:40,266 He was receiving and sending messages and receiving 584 00:30:40,266 --> 00:30:44,233 and making phone calls before he said he had actually got up. 585 00:30:45,166 --> 00:30:48,867 NARRATOR: Chester said Ronda woke him at 5:45 a.m., 586 00:30:48,867 --> 00:30:50,967 but his call logs reveal he was texting 587 00:30:50,967 --> 00:30:51,209 almost an hour earlier, just after 5 a.m. 588 00:30:51,209 --> 00:30:54,634 almost an hour earlier, just after 5 a.m. 589 00:30:54,634 --> 00:30:58,734 20 minutes later, Ronda's car is headed towards Tray's home. 590 00:31:00,367 --> 00:31:02,700 With the mounting evidence that we were putting 591 00:31:02,700 --> 00:31:06,533 on Chester and the pressure we were putting on him, 592 00:31:06,533 --> 00:31:08,734 he finally says, 593 00:31:08,734 --> 00:31:12,867 "Okay, I drove Bert to Tray's house, 594 00:31:12,867 --> 00:31:14,233 but I didn't kill him." 595 00:31:35,867 --> 00:31:37,634 NARRATOR: Chester claims he dropped Bert off 596 00:31:37,634 --> 00:31:40,367 at Tray's house just minutes before the murder, 597 00:31:40,367 --> 00:31:43,900 but he doesn't know what Bert did next -- is Chester Cummings 598 00:31:44,000 --> 00:31:46,533 telling the truth, or is he spinning another lie? 599 00:31:49,634 --> 00:31:52,367 After hours of intense interrogation, 600 00:31:52,367 --> 00:31:55,100 Chester Cummings, father of Heather Cummings, 601 00:31:55,100 --> 00:31:56,467 the ex-wife of murder victim, 602 00:31:56,467 --> 00:32:00,634 Tray Phelps, admits he was involved in the attack on Tray, 603 00:32:00,634 --> 00:32:02,467 but only as a driver. 604 00:32:02,467 --> 00:32:05,066 Chester claims the killer is someone else. 605 00:32:05,100 --> 00:32:08,166 He finally says Bert is the one that killed him. 606 00:32:16,467 --> 00:32:18,907 Chester told investigators that he picked up Bert Ellison 607 00:32:18,907 --> 00:32:19,734 Chester told investigators that he picked up Bert Ellison 608 00:32:19,800 --> 00:32:20,967 that morning, 609 00:32:20,967 --> 00:32:26,333 and he dropped him off in his wife's car at Tray's house. 610 00:32:26,367 --> 00:32:28,467 HOLLOWAY: Chester tells us he stays in the car. 611 00:32:28,467 --> 00:32:30,166 He doesn't get out. 612 00:32:36,000 --> 00:32:37,734 NARRATOR: If Chester is being truthful 613 00:32:37,734 --> 00:32:40,066 and Bert Ellison killed Tray Phelps, 614 00:32:40,100 --> 00:32:43,967 one key question remains -- what tension between Bert 615 00:32:43,967 --> 00:32:47,066 and Tray could have escalated to the point of murder? 616 00:32:55,166 --> 00:32:57,867 Chester said that Bert was very upset 617 00:32:57,867 --> 00:32:59,467 about the custody issue 618 00:32:59,467 --> 00:33:03,100 and the fact that Heather was hurt in this deal because of 619 00:33:03,100 --> 00:33:04,967 the custody battle. 620 00:33:05,000 --> 00:33:07,867 Heather was not happy 621 00:33:07,900 --> 00:33:11,533 with the recent 50-50 custody 622 00:33:11,533 --> 00:33:13,166 we had just gained of Noah. 623 00:33:14,734 --> 00:33:18,907 SKELTON: Tray didn't get to see Noah for 13 months, 624 00:33:18,907 --> 00:33:19,867 SKELTON: Tray didn't get to see Noah for 13 months, 625 00:33:19,900 --> 00:33:23,634 because it took 13 months for their divorce to become 626 00:33:23,634 --> 00:33:27,734 final, because Heather kept fighting with her lawyer 627 00:33:27,734 --> 00:33:31,634 against Tray's attorney about visitation. 628 00:33:31,634 --> 00:33:34,066 NARRATOR: Was Heather furious enough at Tray 629 00:33:34,100 --> 00:33:36,800 that she got her new boyfriend, Bert Ellison, involved? 630 00:33:37,867 --> 00:33:43,000 SKELTON: Heather would say, "I'm gonna have my dad or Bert, 631 00:33:43,000 --> 00:33:45,266 they're gonna beat you up," and they're gonna, 632 00:33:45,266 --> 00:33:48,907 you know, do all kinds of things to him. 633 00:33:48,907 --> 00:33:49,867 you know, do all kinds of things to him. 634 00:33:49,900 --> 00:33:51,467 NARRATOR: It's possible Bert made good on 635 00:33:51,467 --> 00:33:54,266 Heather's threats against her ex-husband, Tray. 636 00:33:54,333 --> 00:33:55,867 So investigators want to hear what 637 00:33:55,867 --> 00:33:58,533 Bert has to say about Chester's accusations. 638 00:34:10,634 --> 00:34:13,734 HOLLOWAY: We show Bert Ellison Chester's statement. 639 00:34:13,734 --> 00:34:16,734 He reads it, becomes enraged. 640 00:34:29,000 --> 00:34:32,000 NARRATOR: Now, investigators aren't sure what to believe. 641 00:34:32,000 --> 00:34:34,634 Did Bert and his girlfriend, Heather, really execute 642 00:34:34,634 --> 00:34:37,000 a plan to kill the father of her child? 643 00:34:38,867 --> 00:34:41,467 HOLLOWAY: We had zero physical evidence of 644 00:34:41,467 --> 00:34:44,734 Heather being even remotely involved in this. 645 00:34:44,734 --> 00:34:48,734 Investigators reached out to family, community, friends, 646 00:34:48,734 --> 00:34:48,907 to help shed light on Heather's involvement. 647 00:34:48,907 --> 00:34:51,433 to help shed light on Heather's involvement. 648 00:34:52,367 --> 00:34:54,100 NARRATOR: Members of the Hayti community 649 00:34:54,100 --> 00:34:57,166 respond to investigators' requests for help. 650 00:34:57,166 --> 00:35:00,066 A grocery clerk who had worked with Heather reports 651 00:35:00,066 --> 00:35:02,166 a threat that Heather made just a few weeks 652 00:35:02,166 --> 00:35:03,800 prior to Tray's homicide. 653 00:35:22,100 --> 00:35:24,166 NARRATOR: Several witnesses, including Heather's own 654 00:35:24,166 --> 00:35:26,634 sister, come forward with similar accounts. 655 00:35:28,867 --> 00:35:30,367 And what those witnesses claimed 656 00:35:30,367 --> 00:35:32,634 Heather wanted more than anything 657 00:35:32,634 --> 00:35:34,433 was her ex-husband dead. 658 00:35:35,734 --> 00:35:37,634 Now, investigators confront Heather 659 00:35:37,634 --> 00:35:38,734 with those witness statements 660 00:35:38,734 --> 00:35:42,066 from friends and family to see how she responds. 661 00:35:53,467 --> 00:35:55,967 NARRATOR: But when investigators repeat the witness statements 662 00:35:56,000 --> 00:35:58,634 against her, Heather's story changes. 663 00:35:58,634 --> 00:36:01,734 HOLLOWAY: When we start telling her all these different quotes 664 00:36:01,734 --> 00:36:04,100 from her family and some of the public 665 00:36:04,100 --> 00:36:08,166 about how bad she hated Tray and how she wanted him dead, 666 00:36:08,166 --> 00:36:10,533 she starts pointing a finger at her dad, 667 00:36:10,533 --> 00:36:11,734 Chester Cummings. 668 00:36:20,100 --> 00:36:22,100 Heather tells us that she believes 669 00:36:22,100 --> 00:36:25,634 that Chester acted alone in killing Tray. 670 00:36:25,634 --> 00:36:30,266 I believe Heather is throwing her dad under the bus. 671 00:36:30,266 --> 00:36:32,467 NARRATOR: And Heather is not the only one. 672 00:36:32,467 --> 00:36:35,367 Her cousin, Michael Hemingway, who now faces 673 00:36:35,367 --> 00:36:37,634 obstruction charges also claims 674 00:36:37,634 --> 00:36:40,967 that Chester was the killer -- hoping for leniency, 675 00:36:40,967 --> 00:36:43,066 Michael confesses to his limited role 676 00:36:43,100 --> 00:36:45,066 in the crime after Tray was killed. 677 00:37:11,266 --> 00:37:12,967 NARRATOR: The evidence tossed in the dumpster 678 00:37:13,000 --> 00:37:15,433 is never found by sheriff investigators, 679 00:37:16,634 --> 00:37:18,907 but they do find call logs from Chester to Michael 680 00:37:18,907 --> 00:37:19,433 but they do find call logs from Chester to Michael 681 00:37:19,500 --> 00:37:21,867 confirming that they arranged for the bag's disposal 682 00:37:21,900 --> 00:37:24,066 before Tray was killed. 683 00:37:24,100 --> 00:37:25,734 The call log showed that 684 00:37:25,800 --> 00:37:28,634 the night before Tray's murder had happened, 685 00:37:28,634 --> 00:37:32,734 Chester had called Michael to arrange to dump the evidence. 686 00:37:34,634 --> 00:37:36,367 NARRATOR: Not only did Chester Cummings 687 00:37:36,367 --> 00:37:38,533 premeditate Tray Phelps' murder, 688 00:37:38,600 --> 00:37:41,533 Heather's own sister gives a written deposition that 689 00:37:41,600 --> 00:37:44,533 Heather told her she was also part of the plan. 690 00:37:44,533 --> 00:37:47,867 She drove with Bert and Chester to the crime scene, 691 00:37:47,867 --> 00:37:48,907 and she was there when Tray was attacked and killed. 692 00:37:48,907 --> 00:37:50,533 and she was there when Tray was attacked and killed. 693 00:37:51,533 --> 00:37:53,800 I think Heather orchestrated this. 694 00:37:55,166 --> 00:37:58,634 I believe she got Chester and Bert, 695 00:37:58,634 --> 00:38:01,734 plotted a plan, and Bert and Chester 696 00:38:01,734 --> 00:38:05,533 executed that plan by going over there and killing Tray Phelps. 697 00:38:06,467 --> 00:38:10,066 Said, "Listen, if you love me, you'll do this for me." 698 00:38:10,100 --> 00:38:13,967 NARRATOR: Tray's ex-wife, Heather, her boyfriend, Bert, 699 00:38:13,967 --> 00:38:15,533 and her father, Chester, are 700 00:38:15,600 --> 00:38:18,367 all charged with first-degree murder. 701 00:38:18,367 --> 00:38:18,907 Heather's mother, Ronda, is charged with obstruction, 702 00:38:18,907 --> 00:38:21,467 Heather's mother, Ronda, is charged with obstruction, 703 00:38:21,467 --> 00:38:23,166 and her cousin, Michael Hemingway, 704 00:38:23,166 --> 00:38:25,266 is charged with tampering with evidence. 705 00:38:26,166 --> 00:38:29,166 Then at the 11th hour, Chester Cummings 706 00:38:29,233 --> 00:38:31,000 has a change of heart. 707 00:38:31,000 --> 00:38:33,066 In an effort to shield his wife and daughter 708 00:38:33,100 --> 00:38:34,467 from prosecution, 709 00:38:34,467 --> 00:38:37,000 he changes his story once again. 710 00:38:37,000 --> 00:38:38,734 While awaiting sentencing, 711 00:38:38,800 --> 00:38:40,433 Chester Cummings writes a letter to 712 00:38:40,500 --> 00:38:42,967 the prosecution taking sole responsibility 713 00:38:43,000 --> 00:38:44,166 for killing Tray Phillips. 714 00:38:45,467 --> 00:38:48,734 Based on Chester's confession that he acted alone, 715 00:38:48,734 --> 00:38:48,907 investigators now believe they know what 716 00:38:48,907 --> 00:38:50,734 investigators now believe they know what 717 00:38:50,734 --> 00:38:53,066 happened the morning Tray Phelps was murdered. 718 00:38:54,967 --> 00:38:58,000 HOLLOWAY: About 5:15 a.m., Tray Phelps kisses 719 00:38:58,000 --> 00:39:01,166 his fiancee before heading off to work. 720 00:39:01,233 --> 00:39:03,967 NARRATOR: Minutes later, security cameras capture 721 00:39:04,000 --> 00:39:05,000 Ronda Cummings' car 722 00:39:05,000 --> 00:39:07,900 headed to Tray Phelps' residence at 5:30 a.m., 723 00:39:09,367 --> 00:39:12,533 but investigators remain unable to confirm who 724 00:39:12,600 --> 00:39:14,000 was driving. 725 00:39:14,000 --> 00:39:17,066 JONES: At 5:35 a.m., Tray starts his car. 726 00:39:18,000 --> 00:39:18,907 NARRATOR: According to Heather's sister's written deposition, 727 00:39:18,907 --> 00:39:20,867 NARRATOR: According to Heather's sister's written deposition, 728 00:39:20,900 --> 00:39:23,867 Heather was there that morning as Tray was getting ready 729 00:39:23,867 --> 00:39:25,367 to leave. 730 00:39:25,367 --> 00:39:27,533 HOLLOWAY: We believe that given that time in the morning 731 00:39:27,533 --> 00:39:28,967 and seeing Heather, 732 00:39:29,000 --> 00:39:31,066 Tray probably thought there was something wrong with his son, 733 00:39:31,100 --> 00:39:33,533 Noah, and gets out of his car. 734 00:39:33,600 --> 00:39:35,166 NARRATOR: At 5:37 a.m., 735 00:39:35,166 --> 00:39:38,433 Tray Phelps is ambushed in his driveway. 736 00:39:38,500 --> 00:39:40,867 Evidence from the crime scene appeared to indicate 737 00:39:40,867 --> 00:39:43,867 that more than one person likely struck Tray, 738 00:39:43,867 --> 00:39:46,734 but only Chester Cummings ever admitted to it. 739 00:39:48,634 --> 00:39:48,907 HOLLOWAY: At 5:50 a.m., 740 00:39:48,907 --> 00:39:50,166 HOLLOWAY: At 5:50 a.m., 741 00:39:50,233 --> 00:39:52,266 Ronda Cummings's vehicle is captured on 742 00:39:52,333 --> 00:39:54,634 video surveillance driving away from the scene. 743 00:39:54,634 --> 00:39:55,867 Ronda and Chester bring 744 00:39:55,900 --> 00:39:58,367 the evidence to Michael Hemingway for disposal. 745 00:39:58,367 --> 00:40:00,867 Michael Hemingway disposes of the evidence 746 00:40:00,900 --> 00:40:02,533 in a dumpster outside of town. 747 00:40:03,533 --> 00:40:07,734 HOLLOWAY: Ronda dropped Chester off at work about 6:25. 748 00:40:08,700 --> 00:40:11,000 Chester Cummings receives a life sentence 749 00:40:11,000 --> 00:40:13,266 after pleading guilty to second-degree murder. 750 00:40:14,166 --> 00:40:16,266 Ronda Cummings was sentenced to four years in 751 00:40:16,333 --> 00:40:18,907 prison for tampering with evidence and obstruction 752 00:40:18,907 --> 00:40:19,433 prison for tampering with evidence and obstruction 753 00:40:19,500 --> 00:40:20,967 of justice. 754 00:40:21,000 --> 00:40:23,066 NARRATOR: Michael Hemingway was also sentenced to 755 00:40:23,100 --> 00:40:25,066 four years for tampering with evidence. 756 00:40:26,000 --> 00:40:27,367 To help save himself, 757 00:40:27,367 --> 00:40:30,467 Bert provides evidence against Chester, Ronda, 758 00:40:30,467 --> 00:40:33,433 and his now ex-girlfriend, Heather Cummings. 759 00:40:33,500 --> 00:40:35,734 Bert Ellison receives a five-year sentence for 760 00:40:35,800 --> 00:40:39,533 pleading guilty, conspiracy to commit first-degree murder. 761 00:40:39,533 --> 00:40:40,634 NARRATOR: In a plea bargain, 762 00:40:40,634 --> 00:40:43,867 Heather confesses to the same charges as Bert, 763 00:40:43,867 --> 00:40:47,000 but due to witness statements against her, including 764 00:40:47,000 --> 00:40:48,907 the deposition from her own sister 765 00:40:48,907 --> 00:40:48,967 the deposition from her own sister 766 00:40:49,000 --> 00:40:51,433 that Heather was at the scene that morning, 767 00:40:51,500 --> 00:40:54,634 she receives a stiffer sentence than Bert. 768 00:40:54,634 --> 00:40:56,967 JONES: Heather Cummings was sentenced to 15 years in 769 00:40:56,967 --> 00:40:59,800 prison for conspiracy to commit first-degree murder. 770 00:41:02,166 --> 00:41:06,634 I'm most proud of how we brought closure to that family. 771 00:41:06,634 --> 00:41:08,467 They don't have to wonder what happened to Tray. 772 00:41:08,467 --> 00:41:10,533 They know what happened to Tray. 773 00:41:10,533 --> 00:41:13,634 Tray's murder has devastated our whole family. 774 00:41:18,533 --> 00:41:18,907 And all he ever wanted to do was spend time with his son. 775 00:41:18,907 --> 00:41:22,734 And all he ever wanted to do was spend time with his son. 776 00:41:22,734 --> 00:41:24,166 NARRATOR: Amidst the tragedy, 777 00:41:24,233 --> 00:41:26,734 there shines a single bright spot, 778 00:41:26,734 --> 00:41:30,734 a young boy who is no longer at the center of a deadly feud. 779 00:41:30,800 --> 00:41:33,166 My grandson Noah is doing great. 780 00:41:33,166 --> 00:41:36,867 He's a really good student in school. 781 00:41:36,867 --> 00:41:40,367 He lives with his grandmother, Tray's mother. 782 00:41:40,367 --> 00:41:45,533 She has since adopted him, and he's doing great. 783 00:41:45,533 --> 00:41:48,907 Tray was such a joy to be around. 784 00:41:48,907 --> 00:41:50,000 Tray was such a joy to be around. 785 00:41:50,000 --> 00:41:54,166 He loved life, he loved playing his guitar 786 00:41:54,166 --> 00:41:58,166 and singing, and he loved his son more than life itself. 787 00:41:59,266 --> 00:42:01,634 I think all of us, all of his family, 788 00:42:01,700 --> 00:42:05,367 would give just about anything to have him back.