1 00:00:08,509 --> 00:00:11,443 - [narrator] a body is discovered in an inferno. 2 00:00:12,679 --> 00:00:16,148 - Rick swan was murdered and then set on fire. 3 00:00:16,216 --> 00:00:19,117 I've never seen anything like that in my career. 4 00:00:19,186 --> 00:00:22,053 - I really didn't know what all was going on 5 00:00:22,123 --> 00:00:25,958 Other than my brother was dead. 6 00:00:26,026 --> 00:00:27,492 (intense music) 7 00:00:27,494 --> 00:00:29,628 - Rick was engaged in this feud 8 00:00:29,696 --> 00:00:34,098 With his two stepsons, brandon and kevin. 9 00:00:34,100 --> 00:00:35,500 - They just hated each other. 10 00:00:35,502 --> 00:00:37,503 It was very clear they hated each other. 11 00:00:38,372 --> 00:00:40,172 - He changed the headstone. 12 00:00:40,240 --> 00:00:42,907 So it no longer says cathey swan on it, 13 00:00:42,909 --> 00:00:46,311 It now has her maiden name on it. 14 00:00:46,380 --> 00:00:48,414 - It was meant to hurt him, and it did. 15 00:00:49,883 --> 00:00:51,316 - [narrator] while digital forensics uncover 16 00:00:51,384 --> 00:00:53,385 A spiteful history... 17 00:01:00,261 --> 00:01:02,327 - I ended up getting some images 18 00:01:02,396 --> 00:01:05,397 He actually thought he'd deleted. 19 00:01:06,533 --> 00:01:08,367 - Now we have photographic evidence. 20 00:01:09,470 --> 00:01:11,269 - [narrator] and a trap set by the victim 21 00:01:11,338 --> 00:01:12,604 Reveals the killer. 22 00:01:13,874 --> 00:01:17,775 - He killed this man on a surveillance camera. 23 00:01:17,845 --> 00:01:20,278 - All he'd done is help this kid. 24 00:01:20,347 --> 00:01:22,114 He treated him like a son. 25 00:01:24,084 --> 00:01:26,752 (upbeat music) 26 00:01:38,632 --> 00:01:41,666 - [narrator] claremore, oklahoma sits 30 miles northeast 27 00:01:41,735 --> 00:01:42,801 Of tulsa. 28 00:01:42,869 --> 00:01:44,536 It's a city of 20,000 residents, 29 00:01:44,605 --> 00:01:47,539 Which upholds small-town values. 30 00:01:49,910 --> 00:01:51,643 But in the fall of 2018, 31 00:01:51,712 --> 00:01:56,248 An emergency call upends this peaceful community. 32 00:01:57,384 --> 00:02:00,519 - A 9-1-1 call came in early that morning 33 00:02:00,587 --> 00:02:03,688 That there was smoke seen on the property. 34 00:02:03,757 --> 00:02:06,958 It was very well-known local businessman, rick swan. 35 00:02:06,960 --> 00:02:08,159 (siren wails) 36 00:02:08,229 --> 00:02:09,594 Firefighters immediately responded 37 00:02:09,663 --> 00:02:12,631 And found a large barn engulfed in flames. 38 00:02:12,699 --> 00:02:14,466 (tense music) 39 00:02:14,534 --> 00:02:16,368 - And the firemen that had arrived could see 40 00:02:16,436 --> 00:02:19,404 That there was an rv inside that metal building. 41 00:02:20,507 --> 00:02:24,275 - And that rv was the source of the fire. 42 00:02:24,277 --> 00:02:26,511 (tense music) 43 00:02:26,580 --> 00:02:29,213 - The fire department ripped down the overhead door, 44 00:02:29,215 --> 00:02:30,882 And they hooked onto the rv, 45 00:02:30,884 --> 00:02:34,252 Yanked it out of there to try to get this fire put out. 46 00:02:34,254 --> 00:02:36,121 - Firefighters were able to get the rv out, 47 00:02:36,189 --> 00:02:37,622 Extinguish the flames. 48 00:02:37,691 --> 00:02:40,826 They then realised there was a body. 49 00:02:42,062 --> 00:02:44,228 They immediately contacted law enforcement. 50 00:02:44,230 --> 00:02:45,564 (siren wails) 51 00:02:45,632 --> 00:02:47,466 Police were very quickly able to determine 52 00:02:47,534 --> 00:02:49,267 It was most likely rick swan. 53 00:02:49,336 --> 00:02:50,835 They knew this was his property. 54 00:02:50,837 --> 00:02:53,972 He lived there. They couldn't find him. 55 00:02:54,040 --> 00:02:56,741 We didn't know if we were looking at a suicide, 56 00:02:56,743 --> 00:02:59,845 An accidental death, or a homicide. 57 00:03:01,348 --> 00:03:05,049 - The initial observation of the body that was inside, 58 00:03:05,051 --> 00:03:06,785 The body was pretty charred. 59 00:03:06,853 --> 00:03:09,788 The smells, the odours, it was overwhelming, 60 00:03:09,856 --> 00:03:14,793 And that's when I observed that the individual's face-down, 61 00:03:14,861 --> 00:03:18,363 And his arms and legs were out to his side, 62 00:03:19,766 --> 00:03:23,001 Which was not consistent with someone dying of a fire. 63 00:03:23,069 --> 00:03:27,472 You would expect the arms and legs to curl up from the pain. 64 00:03:27,541 --> 00:03:29,941 (unsettling music) 65 00:03:30,010 --> 00:03:32,677 - I could see that there were gunshot wounds, 66 00:03:32,679 --> 00:03:36,581 One to his abdomen, one to the back of his head. 67 00:03:36,650 --> 00:03:38,283 - He was shot in the back of the head, 68 00:03:38,351 --> 00:03:40,485 He was shot in the chest, he was shot in the lower back. 69 00:03:40,554 --> 00:03:43,455 So he's been shot three times. 70 00:03:43,523 --> 00:03:46,925 - I suspected he was murdered and then set on fire. 71 00:03:48,095 --> 00:03:50,395 I've never seen anything like that in my career. 72 00:03:51,598 --> 00:03:53,031 - And we realised at that moment, 73 00:03:53,100 --> 00:03:57,035 This had gone from an accidental death or a suicide, 74 00:03:57,104 --> 00:03:59,871 This was intentional, and it was going to be a murder. 75 00:03:59,940 --> 00:04:02,741 (haunting music) 76 00:04:04,878 --> 00:04:07,379 - Shooting someone in the back of the head 77 00:04:07,447 --> 00:04:09,113 Is awfully brutal, 78 00:04:09,115 --> 00:04:11,083 And then you hate that man so bad 79 00:04:11,151 --> 00:04:13,051 That you light him on fire. 80 00:04:13,119 --> 00:04:15,387 That's pretty tough stuff. 81 00:04:16,456 --> 00:04:17,722 - [narrator] the victim is transported 82 00:04:17,724 --> 00:04:19,257 To the medical examiner's office 83 00:04:19,326 --> 00:04:22,327 While investigators begin assessing the charred remains 84 00:04:22,395 --> 00:04:25,830 Of the barn and rv. 85 00:04:25,899 --> 00:04:27,632 - This is a difficult crime scene 86 00:04:27,701 --> 00:04:29,001 Because of the existence of fire. 87 00:04:29,069 --> 00:04:30,802 All of the evidence has to be sifted, 88 00:04:30,871 --> 00:04:32,871 And that takes a really long time. 89 00:04:32,939 --> 00:04:38,277 - All the contents of the rv were burned, melted, in pieces. 90 00:04:40,680 --> 00:04:43,147 - [narrator] investigators discover three nine-millimeter 91 00:04:43,217 --> 00:04:44,783 Shell casings in the debris, 92 00:04:46,019 --> 00:04:48,787 Solidifying their theory of foul play. 93 00:04:49,823 --> 00:04:50,955 (haunting music) 94 00:04:51,024 --> 00:04:53,524 - This started out as a true whodunit. 95 00:04:53,594 --> 00:04:56,394 We're doing everything we could to determine 96 00:04:56,396 --> 00:04:59,431 Who was the murderer, who did this to rick swan. 97 00:04:59,499 --> 00:05:01,600 (foreboding music) 98 00:05:01,668 --> 00:05:05,904 (lively acoustic music) (timeline clicking) 99 00:05:05,972 --> 00:05:07,606 - The swan family, 100 00:05:07,674 --> 00:05:10,642 They were that fabric that a community's made of. 101 00:05:12,145 --> 00:05:16,915 Salt of the earth family, respected family that worked hard. 102 00:05:18,285 --> 00:05:19,318 The swan boys, rick and chris, grew up on a dairy. 103 00:05:21,087 --> 00:05:25,189 - My brother rick, he was always a very hard worker, 104 00:05:25,259 --> 00:05:27,592 And we were a close-knit family. 105 00:05:27,661 --> 00:05:30,062 And growing up, it wasn't all fun, 106 00:05:30,130 --> 00:05:35,600 But there was more fun than trouble. (chuckles) 107 00:05:36,437 --> 00:05:38,170 - Rick was work hard, play hard. 108 00:05:38,238 --> 00:05:39,804 He liked to fish, and so do I, 109 00:05:39,873 --> 00:05:42,007 And we became pretty good friends. 110 00:05:43,476 --> 00:05:47,045 - Rick worked on a pipeline when he wasn't at the dairy, 111 00:05:47,113 --> 00:05:50,582 And it took him all over the united states. 112 00:05:50,650 --> 00:05:53,051 But he really couldn't settle down 113 00:05:54,221 --> 00:05:57,889 To have a family like he was hoping to have. 114 00:05:59,759 --> 00:06:02,093 - [narrator] later in life, at age 45, 115 00:06:02,162 --> 00:06:06,465 Rick starts dating childhood friend cathey pavey-foster. 116 00:06:07,767 --> 00:06:09,834 - He and cathey went to school together, 117 00:06:09,903 --> 00:06:12,871 And they had known each other for years and years. 118 00:06:12,939 --> 00:06:15,674 Rick always thought a lot of her. 119 00:06:15,742 --> 00:06:18,710 After they started dating, things just blossomed. 120 00:06:18,778 --> 00:06:21,980 It was a good deal. 121 00:06:22,048 --> 00:06:23,915 - Rick just really, really adored her, 122 00:06:23,984 --> 00:06:28,553 And I would say she was even a little bit spoiled. 123 00:06:29,656 --> 00:06:33,425 You know, he was really in love with her. 124 00:06:33,493 --> 00:06:36,294 - Now, she had had some issues in the past, 125 00:06:36,363 --> 00:06:39,698 And she had even tried to take her own life at one point, 126 00:06:41,167 --> 00:06:42,600 But it seemed like they were both on the right track 127 00:06:42,669 --> 00:06:44,436 And they had a new beginning. 128 00:06:45,605 --> 00:06:46,538 - [narrator] cathey suffered from bouts 129 00:06:46,606 --> 00:06:47,972 Of depression for years. 130 00:06:48,041 --> 00:06:50,642 She saw counselling and various medications, 131 00:06:50,710 --> 00:06:54,412 But nothing held. 132 00:06:54,481 --> 00:06:57,015 - He knew she was having problems, 133 00:06:57,083 --> 00:07:00,352 But he was supportive and tried to help. 134 00:07:00,420 --> 00:07:05,090 He just did everything he could to make cathey happy. 135 00:07:06,493 --> 00:07:08,760 - [narrator] in 2005, after dating for two years, 136 00:07:08,829 --> 00:07:12,931 Rick proposes to cathey with a two-carat ring. 137 00:07:14,200 --> 00:07:16,701 - They had the wedding at my parents' house 138 00:07:16,770 --> 00:07:20,104 Out in the country, and his number-one priority 139 00:07:20,106 --> 00:07:22,240 Was making sure cathey was happy. 140 00:07:22,308 --> 00:07:24,042 He wanted cathey to be happy. 141 00:07:25,245 --> 00:07:27,812 - She had two sons that were grown, 142 00:07:27,880 --> 00:07:30,915 Already outta high school, brandon and kevin. 143 00:07:30,917 --> 00:07:32,917 She was kind of estranged from kevin, 144 00:07:32,919 --> 00:07:34,686 Hadn't really talked to him a lot, 145 00:07:34,754 --> 00:07:36,254 Hadn't kept in touch with him. 146 00:07:36,323 --> 00:07:39,657 And that bothered rick because he knew it bothered cathey. 147 00:07:39,726 --> 00:07:42,093 - Cathey had kicked kevin out of the house, 148 00:07:42,095 --> 00:07:45,063 But rick knew that cathey still loved him, 149 00:07:45,131 --> 00:07:47,665 And so he brought him back to claremore 150 00:07:47,734 --> 00:07:50,468 And bought him a trailer to live in 151 00:07:50,536 --> 00:07:52,236 And a car for transportation, 152 00:07:52,305 --> 00:07:55,340 And helped him get enrolled in school. 153 00:07:55,408 --> 00:07:58,743 Kevin was his stepson, and he wanted to treat him right. 154 00:08:00,013 --> 00:08:01,813 - Finally, kevin gets a good job at a bank, 155 00:08:01,881 --> 00:08:05,283 And things were pretty good between the three of them. 156 00:08:05,351 --> 00:08:07,285 - [narrator] despite the good times she enjoys 157 00:08:07,353 --> 00:08:08,753 With rick and her sons, 158 00:08:08,822 --> 00:08:11,256 Cathey's mental health issues persist. 159 00:08:13,159 --> 00:08:17,361 In October, 2016, 11 years into her marriage with rick, 160 00:08:17,431 --> 00:08:22,000 Cathey succumbs to her illness and commits suicide. 161 00:08:25,571 --> 00:08:28,106 - Rick was devastated. He didn't know what to do. 162 00:08:28,174 --> 00:08:32,310 He was thinking very seriously about suicide himself 163 00:08:32,379 --> 00:08:33,512 For a long time. 164 00:08:34,681 --> 00:08:39,150 It was hard to get him to get out and do anything. 165 00:08:39,219 --> 00:08:42,987 - Then in February, about four months after cathey's death, 166 00:08:43,056 --> 00:08:46,958 Rick found the suicide note folded up in a drawer. 167 00:08:47,027 --> 00:08:48,860 Cathey spoke about personal things, 168 00:08:48,928 --> 00:08:51,329 And it was really a reflection of someone who was hurting 169 00:08:51,397 --> 00:08:54,900 And what they were feeling at the time. 170 00:08:56,403 --> 00:08:57,869 - [narrator] the discovery of cathey's suicide note 171 00:08:57,937 --> 00:08:59,671 Provides some closure for rick, 172 00:08:59,739 --> 00:09:01,906 And he begins to look toward the future. 173 00:09:01,975 --> 00:09:04,809 (timeline clicking) (gentle music) 174 00:09:04,878 --> 00:09:07,011 - After several years, I'd say, 175 00:09:07,080 --> 00:09:09,047 Things started looking up for him. 176 00:09:10,516 --> 00:09:12,784 - Tommy was able to get him back out on the boat. 177 00:09:12,852 --> 00:09:15,587 Rick realised his life was still worth living. 178 00:09:16,490 --> 00:09:18,056 It was nice to see rick smile, 179 00:09:18,124 --> 00:09:20,291 And he was looking forward 180 00:09:20,360 --> 00:09:24,628 To the next few years of his life. 181 00:09:24,630 --> 00:09:27,431 (haunting music) 182 00:09:27,501 --> 00:09:30,468 - [narrator] two years after losing his wife to suicide, 183 00:09:30,536 --> 00:09:33,071 Rick is discovered murdered. 184 00:09:33,840 --> 00:09:35,073 (sombre music) 185 00:09:35,141 --> 00:09:36,575 - He started to pull out of it 186 00:09:36,643 --> 00:09:39,177 And was was doing extremely well, 187 00:09:39,245 --> 00:09:42,113 And so coming to find out that rick was gone, 188 00:09:42,182 --> 00:09:43,781 That was extremely hard. 189 00:09:43,850 --> 00:09:47,719 - Tommy called me and asked if I'd talked to rick, 190 00:09:47,787 --> 00:09:50,655 And I told him, "no, I tried to call him, 191 00:09:50,724 --> 00:09:53,191 But I never got an answer." 192 00:09:53,259 --> 00:09:58,196 And he said, "well, his shop was on fire." 193 00:09:58,264 --> 00:09:59,497 (foreboding music) 194 00:09:59,565 --> 00:10:01,299 And I jumped in the truck. 195 00:10:01,368 --> 00:10:03,567 By the time I was able to get there, 196 00:10:03,569 --> 00:10:06,237 Rick's body had been taken away. 197 00:10:07,673 --> 00:10:11,076 I really didn't know what all was going on at that time 198 00:10:11,978 --> 00:10:15,780 Other than my brother was dead. 199 00:10:16,683 --> 00:10:19,951 (sombre piano music) 200 00:10:21,487 --> 00:10:25,223 - I honestly was a little bit rattled at that point. 201 00:10:25,291 --> 00:10:26,924 When something like that happens, 202 00:10:26,993 --> 00:10:29,027 All your emotions hit you at one time. 203 00:10:29,095 --> 00:10:30,695 You don't really know who to trust, 204 00:10:30,764 --> 00:10:34,165 So I thought I would call rick's attorney. 205 00:10:35,569 --> 00:10:37,302 - I got a call from rick's best friend, tommy, 206 00:10:38,438 --> 00:10:43,241 Who said, "listen, I'm at his property. 207 00:10:44,444 --> 00:10:48,279 He's dead, the place is on fire." 208 00:10:48,348 --> 00:10:49,647 And I said, "oh my gosh. 209 00:10:49,716 --> 00:10:52,784 I'm pretty sure that his stepson 210 00:10:52,852 --> 00:10:54,786 Is gonna be the guilty party." 211 00:10:56,389 --> 00:10:58,023 His stepson did it. 212 00:11:02,795 --> 00:11:03,995 - They just hated each other. 213 00:11:04,064 --> 00:11:06,530 It was very clear they hated each other. 214 00:11:06,600 --> 00:11:08,199 There was no confusing that. 215 00:11:09,235 --> 00:11:11,002 - He makes a point of saying, 216 00:11:11,071 --> 00:11:15,373 "you're gonna get $2 when I die, and you're gonna get $1." 217 00:11:21,147 --> 00:11:23,080 - [narrator] when tommy barrett learns his best friend, 218 00:11:23,149 --> 00:11:25,116 Rick swan, has been discovered dead, 219 00:11:25,185 --> 00:11:27,686 He immediately alerts rick's attorney. 220 00:11:28,855 --> 00:11:29,988 - I drove over to the crime scene. 221 00:11:30,056 --> 00:11:31,690 It was still smouldering. 222 00:11:32,893 --> 00:11:35,293 I was convinced it was his stepson. 223 00:11:35,361 --> 00:11:37,361 - [narrator] steve peters tells investigators 224 00:11:37,363 --> 00:11:39,998 That rick's relationship with both of his stepsons, 225 00:11:40,066 --> 00:11:44,235 Brandon and kevin, had deteriorated beyond repair. 226 00:11:44,304 --> 00:11:46,437 He says it all began after rick's wife, cathey, 227 00:11:46,506 --> 00:11:48,973 Committed suicide two years earlier. 228 00:11:48,975 --> 00:11:53,110 (haunting music) (timeline clicking) 229 00:11:53,179 --> 00:11:57,581 - After cathey takes her own life, brandon blames ricky. 230 00:11:57,651 --> 00:11:59,050 This anger, this frustration, 231 00:11:59,119 --> 00:12:01,352 All of that was placed on ricky, 232 00:12:01,354 --> 00:12:03,722 Even though her death was ruled a suicide. 233 00:12:03,790 --> 00:12:06,190 He just kind of gets away from rick, 234 00:12:06,192 --> 00:12:07,591 But just kind of moves on. 235 00:12:07,661 --> 00:12:10,528 But kevin cannot do that. 236 00:12:10,597 --> 00:12:13,565 - Rick had made efforts to bring kevin into his family, 237 00:12:13,633 --> 00:12:15,132 To be generous with him, 238 00:12:15,201 --> 00:12:17,836 To make him feel that he was appreciated. 239 00:12:18,738 --> 00:12:20,171 - Rick didn't have any children, 240 00:12:20,240 --> 00:12:23,708 And he treated kevin as his own son. 241 00:12:24,944 --> 00:12:29,480 - October of 2017, rick added kevin foster 242 00:12:29,549 --> 00:12:32,149 To one of his checking accounts 243 00:12:32,218 --> 00:12:35,820 So he could have some help with handling financial things. 244 00:12:37,257 --> 00:12:39,623 - At the time, kevin foster worked at a tulsa bank, 245 00:12:39,625 --> 00:12:43,427 But things had gotten really bad for him financially. 246 00:12:43,429 --> 00:12:46,698 - Kevin foster was having financial issues, 247 00:12:46,766 --> 00:12:49,166 And so kevin wanted money. 248 00:12:49,168 --> 00:12:51,168 - Ricky swan, he owns a lot of land. 249 00:12:51,237 --> 00:12:54,438 That family has owned land for a long time in rogers county. 250 00:12:54,507 --> 00:12:57,475 They are well-to-do, but they are also very generous. 251 00:12:57,543 --> 00:13:01,179 So he reached out to kevin, he helped him financially. 252 00:13:01,247 --> 00:13:04,448 - Rick told me that he was giving kevin small loans, 253 00:13:04,517 --> 00:13:08,920 But it was substantial once you added it all up. 254 00:13:09,989 --> 00:13:11,589 - [narrator] rick calculates that he has 255 00:13:11,657 --> 00:13:13,391 Loaned kevin $7,500. 256 00:13:14,660 --> 00:13:16,594 - After that, rick took over finances 257 00:13:16,662 --> 00:13:19,630 And discovered that money was also being taken 258 00:13:19,699 --> 00:13:22,233 That he wasn't aware of. 259 00:13:22,302 --> 00:13:25,536 - [narrator] rick initially is forgiving of his stepson. 260 00:13:25,605 --> 00:13:29,573 - Rick talked about it and scolded him, 261 00:13:29,643 --> 00:13:32,811 And it was somewhat overlooked. 262 00:13:34,414 --> 00:13:36,548 - [narrator] but rick's generosity doesn't appease kevin. 263 00:13:37,483 --> 00:13:39,183 - Not long after, kevin's like, 264 00:13:39,252 --> 00:13:40,952 "look, I want some of the personal property of my mom," 265 00:13:41,020 --> 00:13:42,754 Including the big two-carat diamond 266 00:13:42,822 --> 00:13:44,389 That ricky had given cathey. 267 00:13:45,625 --> 00:13:47,291 - Kevin was claiming it was sentimental, 268 00:13:47,293 --> 00:13:48,559 Telling rick that that's all he had 269 00:13:48,628 --> 00:13:50,094 To remember his mother by, 270 00:13:50,096 --> 00:13:51,830 And it would be important for him. 271 00:13:53,299 --> 00:13:55,633 - I think he thought he was kind of being still fatherly 272 00:13:55,701 --> 00:13:58,168 When he said, "no, you don't get the two-carat ring 273 00:13:58,238 --> 00:13:59,938 That I gave her to be married. 274 00:14:00,006 --> 00:14:03,174 That's something special to me." 275 00:14:06,579 --> 00:14:10,181 - By December of 2017, 276 00:14:10,250 --> 00:14:13,817 Kevin asked rick swan if he could have half 277 00:14:13,819 --> 00:14:15,252 Of cathey's estate. 278 00:14:15,321 --> 00:14:19,057 Rick said, "no, this is my estate as well. 279 00:14:19,059 --> 00:14:20,658 You can't have those funds." 280 00:14:20,726 --> 00:14:24,462 And that's where they started to go south. 281 00:14:25,865 --> 00:14:27,699 - Kevin somehow got it in his head 282 00:14:27,767 --> 00:14:32,736 That he should have half of everything that rick had. 283 00:14:32,738 --> 00:14:34,238 He was wanting rick's money 284 00:14:34,240 --> 00:14:37,208 And half the land that rick already owned 285 00:14:37,277 --> 00:14:39,643 Even before the marriage. 286 00:14:39,713 --> 00:14:41,179 It was crazy. 287 00:14:41,247 --> 00:14:42,780 - [lori] ricky's like, "look, I've already given you 288 00:14:42,848 --> 00:14:45,149 $7500 loan, you didn't pay that back. 289 00:14:45,218 --> 00:14:47,284 You're not getting any more money from me." 290 00:14:47,353 --> 00:14:50,554 - Rick started realising how much of a draw 291 00:14:50,623 --> 00:14:52,289 That kevin had been, 292 00:14:52,358 --> 00:14:57,095 And the more entitled he felt, the more he wanted to take. 293 00:14:57,097 --> 00:14:58,762 - Rick starts getting worried 294 00:14:58,764 --> 00:15:00,598 Because they had put kevin's name on an account 295 00:15:00,667 --> 00:15:02,400 As a signature, and he starts thinking, 296 00:15:02,468 --> 00:15:04,035 "he's coming at me for money. 297 00:15:04,103 --> 00:15:05,569 I need to go check that account." 298 00:15:05,571 --> 00:15:08,139 And then he finds out kevin has actually now 299 00:15:08,207 --> 00:15:10,708 Recently withdrawn $17,000. 300 00:15:10,776 --> 00:15:14,712 $17,000 is missing out of this account. 301 00:15:14,780 --> 00:15:20,018 Ricky had no idea and never gave permission for any of it. 302 00:15:21,120 --> 00:15:25,056 - Rick was shocked. He treated him like a son. 303 00:15:26,559 --> 00:15:29,227 - Rick's going through all of the stages of grief, 304 00:15:29,295 --> 00:15:32,229 While at the same time, beginning to realise 305 00:15:32,298 --> 00:15:35,066 That kevin foster is taking advantage of him. 306 00:15:35,134 --> 00:15:36,800 - And so ricky says to the bank, 307 00:15:36,802 --> 00:15:38,369 "look, I need to move all the money out of this account. 308 00:15:38,438 --> 00:15:40,237 I don't want him to have access to any more money 309 00:15:40,306 --> 00:15:41,873 Or be able to take any more money." 310 00:15:41,941 --> 00:15:46,410 And that just sent things into the stratosphere. 311 00:15:46,479 --> 00:15:49,947 - [narrator] in March, 2018, eight months prior to the murder, 312 00:15:50,016 --> 00:15:52,249 Kevin files a lawsuit against rick. 313 00:15:52,318 --> 00:15:54,919 He claims he is owed money from rick's bank account 314 00:15:54,987 --> 00:15:58,222 As part of his late mother's estate. 315 00:15:59,492 --> 00:16:02,560 - There was nothing signed by rick 316 00:16:02,628 --> 00:16:06,564 Or cathey giving that right of survivorship. 317 00:16:07,367 --> 00:16:08,833 I think rick was dumbfounded. 318 00:16:08,901 --> 00:16:11,536 All he'd done is help this kid. 319 00:16:12,738 --> 00:16:14,271 - The gloves came off. 320 00:16:14,340 --> 00:16:16,874 Two months after kevin files a lawsuit against ricky, 321 00:16:16,942 --> 00:16:18,842 Ricky files a counter lawsuit against kevin, 322 00:16:18,844 --> 00:16:21,079 And he argues that kevin "doesn't have any right 323 00:16:21,081 --> 00:16:23,080 To any of my money. 324 00:16:23,082 --> 00:16:24,381 It's in my accounts, 325 00:16:24,450 --> 00:16:25,783 And they're not entitled to any of that." 326 00:16:25,851 --> 00:16:28,419 (suspenseful music) 327 00:16:28,488 --> 00:16:32,056 - Kevin was incensed, you could tell. 328 00:16:32,759 --> 00:16:34,492 Now he's desperate. 329 00:16:34,560 --> 00:16:37,328 (haunting music) 330 00:16:38,498 --> 00:16:41,199 - Shortly after, rick began noticing things 331 00:16:41,201 --> 00:16:44,268 Like objects in his house that were moved. 332 00:16:45,738 --> 00:16:49,340 - [narrator] rick starts documenting his findings. 333 00:17:00,586 --> 00:17:03,420 - And then rick started looking through the jewellery boxes 334 00:17:03,489 --> 00:17:05,789 And noticed the rings that rick had bought cathey, 335 00:17:05,859 --> 00:17:11,262 That kevin wanted, was gone, and that just blew rick's mind. 336 00:17:36,456 --> 00:17:38,255 - Now it really ratchets it up. 337 00:17:38,324 --> 00:17:40,691 He truly believes that kevin is breaking in, 338 00:17:40,760 --> 00:17:44,362 Coming into his home, and taking things. 339 00:17:45,831 --> 00:17:47,932 - [narrator] when rick reports the alleged theft to police, 340 00:17:48,000 --> 00:17:50,968 Detectives question kevin. 341 00:17:51,037 --> 00:17:55,205 - When I spoke to kevin foster, he was reasonable. 342 00:17:55,207 --> 00:17:57,041 He was angry. 343 00:17:57,109 --> 00:17:58,442 They just hated each other. 344 00:17:58,511 --> 00:18:00,944 It was very clear they hated each other. 345 00:18:01,014 --> 00:18:02,746 There was no confusing that. 346 00:18:02,815 --> 00:18:06,984 And he did, in fact, feel entitled to the estate, 347 00:18:07,053 --> 00:18:08,452 But was very quick to say, 348 00:18:08,521 --> 00:18:12,256 "but I didn't do any of these things." 349 00:18:12,325 --> 00:18:14,192 - [narrator] just three weeks before his murder, 350 00:18:14,260 --> 00:18:16,360 Rick visits cathey's grave, 351 00:18:16,429 --> 00:18:19,163 And is horrified by what he finds. 352 00:18:20,600 --> 00:18:25,069 - Sometime overnight, somebody moved the original headstone 353 00:18:26,472 --> 00:18:29,306 That had "rick and cathey swan" to the side, 354 00:18:29,375 --> 00:18:32,376 And the new one was placed. 355 00:18:32,378 --> 00:18:36,547 - Rick believes kevin has actually now changed the headstone 356 00:18:36,616 --> 00:18:39,250 So it no longer says cathey swan on it. 357 00:18:39,318 --> 00:18:41,152 It now has her maiden name on it. 358 00:18:41,220 --> 00:18:44,121 It's like she has been wiped out of ricky's life. 359 00:18:44,189 --> 00:18:45,656 This is a final resting place. 360 00:18:45,725 --> 00:18:47,525 It's supposed to be a place of peace, 361 00:18:47,593 --> 00:18:51,795 And now it has become this focal point of this feud. 362 00:18:51,864 --> 00:18:54,765 (unsettling music) 363 00:18:56,402 --> 00:19:01,539 - It was extremely upsetting to rick. 364 00:19:02,575 --> 00:19:03,841 There was no financial gain to that. 365 00:19:03,909 --> 00:19:05,243 It was even costing money. 366 00:19:06,345 --> 00:19:10,181 But it was meant to hurt him, and it did. 367 00:19:10,249 --> 00:19:13,417 (suspenseful music) 368 00:19:14,887 --> 00:19:18,121 - So we got a temporary restraining order, 369 00:19:18,123 --> 00:19:20,324 Which means the judge said, 370 00:19:20,326 --> 00:19:23,327 "you're restrained from doing anything else 371 00:19:24,563 --> 00:19:27,798 To the grave site until we have a hearing." 372 00:19:27,866 --> 00:19:33,304 And so that hearing was set for 3:00 on November 15, 373 00:19:35,841 --> 00:19:38,910 The day of the murder. 374 00:19:43,116 --> 00:19:46,049 - [narrator] hours after the discovery of rick swan's body, 375 00:19:46,119 --> 00:19:48,251 The killer is on the loose. 376 00:19:48,253 --> 00:19:49,753 Detectives want to find out 377 00:19:49,822 --> 00:19:54,024 If rick's neighbours witnessed anything unusual. 378 00:19:54,093 --> 00:19:58,129 - Neighbours suggested rick swan likely had game cameras 379 00:19:58,197 --> 00:20:01,532 Around his shop or around his property to provide security. 380 00:20:01,600 --> 00:20:02,966 That would've been great evidence. 381 00:20:02,968 --> 00:20:04,936 And we searched in trees and fence lines, 382 00:20:05,004 --> 00:20:06,570 And we didn't recover it. 383 00:20:06,638 --> 00:20:08,639 A uniformed policeman also found a neighbour 384 00:20:08,708 --> 00:20:11,108 Who was very credible and very adamant, 385 00:20:11,177 --> 00:20:12,443 That at 10:40 in the morning, 386 00:20:12,511 --> 00:20:15,713 He says, "I saw a red mini cooper parked 387 00:20:15,781 --> 00:20:18,816 Outside rick swan's closed gate." 388 00:20:20,620 --> 00:20:22,419 - [narrator] 30 minutes after the sighting, 389 00:20:22,488 --> 00:20:25,323 Flames are reported at rick swan's property. 390 00:20:26,692 --> 00:20:28,225 - The neighbours know each other, 391 00:20:28,294 --> 00:20:29,693 They're familiar with one another, 392 00:20:29,762 --> 00:20:31,562 And seeing a vehicle like a red mini cooper 393 00:20:31,630 --> 00:20:33,030 Was very distinctive. 394 00:20:33,098 --> 00:20:35,566 So investigators sent people out to determine, 395 00:20:35,635 --> 00:20:39,570 "hey, is this red mini cooper captured anywhere? 396 00:20:39,638 --> 00:20:42,740 Is it seen on cameras?" 397 00:20:42,808 --> 00:20:43,975 - Rick swan's property, 398 00:20:44,043 --> 00:20:45,576 It's really right on the corner 399 00:20:45,644 --> 00:20:48,179 Of a pretty big highway for us state highway 20. 400 00:20:49,248 --> 00:20:50,948 There's plenty of surveillance cameras, 401 00:20:51,016 --> 00:20:52,950 You know, local businesses there that are willing 402 00:20:53,018 --> 00:20:56,820 To share video with officers when they go in. 403 00:20:56,889 --> 00:20:59,523 (intense music) 404 00:21:00,926 --> 00:21:03,594 - We knew the two local gas stations that have a very good, 405 00:21:03,662 --> 00:21:05,963 Very robust security system, 406 00:21:06,031 --> 00:21:09,533 And so we check out their surveillance video. 407 00:21:09,535 --> 00:21:14,705 - We located a red mini cooper on surveillance camera. 408 00:21:16,075 --> 00:21:18,175 - It was passing by a gas station, and ultimately, 409 00:21:18,244 --> 00:21:22,713 It was seen speeding away from the swan residence. 410 00:21:24,917 --> 00:21:26,850 - They can see this red mini cooper, 411 00:21:26,852 --> 00:21:29,353 But the video is not good enough for them to get a tag, 412 00:21:29,421 --> 00:21:31,655 So they can't research who owns it. 413 00:21:31,723 --> 00:21:35,125 - We needed to determine who was in this mini cooper, 414 00:21:35,127 --> 00:21:39,563 Who had visited rick swan on the morning of this incident. 415 00:21:40,766 --> 00:21:42,332 - Our detectives kind of started talking 416 00:21:42,402 --> 00:21:43,867 To our patrol officers, saying, 417 00:21:43,869 --> 00:21:45,636 "hey, here's what we're kind of looking for." 418 00:21:45,705 --> 00:21:49,640 Luckily for us, a red mini cooper kind of stands out. 419 00:21:49,708 --> 00:21:53,411 It's not something that we see tonnes of. 420 00:21:54,980 --> 00:21:57,314 - [narrator] before investigators can comb the database 421 00:21:57,383 --> 00:21:58,849 For a red mini cooper, 422 00:21:58,918 --> 00:22:01,552 A tip comes in from a worker at the cemetery, 423 00:22:01,620 --> 00:22:04,255 Where the victim's wife, cathey, is buried. 424 00:22:05,190 --> 00:22:06,457 - There was a worker there, 425 00:22:06,525 --> 00:22:07,925 Who sees a guy in a red mini cooper, 426 00:22:07,993 --> 00:22:09,793 And he takes out of there super fast. 427 00:22:09,862 --> 00:22:13,764 So that, of course, catches the worker's eye. 428 00:22:13,833 --> 00:22:17,568 - So I followed up with woodlawn cemetery, 429 00:22:17,636 --> 00:22:22,773 And that's when we saw that cathey swan's original headstone 430 00:22:24,209 --> 00:22:27,778 With both rick and cathey's name had been kicked over. 431 00:22:30,015 --> 00:22:33,350 - We knew that was a very contentious point 432 00:22:33,419 --> 00:22:35,453 Between kevin foster and rick swan. 433 00:22:35,455 --> 00:22:37,821 (suspenseful music) 434 00:22:37,890 --> 00:22:39,923 - So as they start to look into kevin's background 435 00:22:39,925 --> 00:22:43,094 To see what he owns, they find out, guess what? 436 00:22:43,162 --> 00:22:45,563 He owns a red mini cooper. 437 00:22:48,200 --> 00:22:51,468 - That's the makings of some pretty heavy suspicions 438 00:22:51,470 --> 00:22:53,971 That we need to start focusing on. 439 00:22:55,140 --> 00:22:58,175 Is kevin foster capable of violent crime? 440 00:22:58,243 --> 00:23:01,712 He's probably never been in a fistfight in his life, 441 00:23:01,780 --> 00:23:03,680 But we also looked up his criminal history 442 00:23:03,749 --> 00:23:06,317 And learned that he worked at a tulsa bank. 443 00:23:06,385 --> 00:23:11,756 He was charged with having embezzled from that bank. 444 00:23:12,625 --> 00:23:13,924 - [narrator] in March, 2018, 445 00:23:13,993 --> 00:23:15,726 Days after being accused of embezzlement, 446 00:23:15,794 --> 00:23:18,361 Kevin foster files the lawsuit against rick, 447 00:23:18,431 --> 00:23:22,065 Demanding ownership of his mother's estate. 448 00:23:22,134 --> 00:23:24,868 - He embezzled from that bank and lost his job. 449 00:23:24,937 --> 00:23:26,770 He got arrested for embezzlement. 450 00:23:26,839 --> 00:23:30,473 That suggests that maybe he was getting kinda desperate. 451 00:23:30,475 --> 00:23:33,376 At that point, facts begin to come together 452 00:23:33,378 --> 00:23:35,679 That are still certainly short 453 00:23:35,681 --> 00:23:38,616 Of probable cause to go arrest kevin foster. 454 00:23:40,019 --> 00:23:42,186 It's time for us to go knock on kevin foster's door 455 00:23:42,254 --> 00:23:44,688 And see what he has to say. 456 00:23:51,664 --> 00:23:53,230 - [narrator] hours into the investigation, 457 00:23:53,299 --> 00:23:56,367 Witnesses suggest kevin foster may be responsible 458 00:23:56,435 --> 00:23:58,035 For rick swan's murder. 459 00:23:58,103 --> 00:24:01,105 Detectives realise it's time to meet with kevin. 460 00:24:02,307 --> 00:24:05,342 - Two plainclothes osp agents approach foster, 461 00:24:05,411 --> 00:24:08,445 Knock on his door. 462 00:24:08,513 --> 00:24:10,180 It was a rational discussion 463 00:24:10,249 --> 00:24:14,785 Where kevin foster denies being in claremore that day. 464 00:24:14,853 --> 00:24:16,587 - He said he had a court appearance, 465 00:24:16,655 --> 00:24:18,355 That he had been at work. 466 00:24:18,423 --> 00:24:21,792 - The agents presented him with some surveillance images, 467 00:24:21,860 --> 00:24:24,194 And he said, "well, that's me. 468 00:24:24,196 --> 00:24:27,398 That's me in claremore, but I wasn't in claremore today." 469 00:24:28,767 --> 00:24:31,368 - At that point, they asked whether or not he had a firearm. 470 00:24:31,437 --> 00:24:35,639 - Then he turned belligerent. He got physically combative. 471 00:24:36,808 --> 00:24:38,942 Kevin's, he's not a tough-guy type, 472 00:24:38,944 --> 00:24:40,910 But he got in this little tussle 473 00:24:40,912 --> 00:24:43,080 With a couple of police officers, which got him arrested, 474 00:24:43,148 --> 00:24:47,851 And he went to jail for obstructing a police officer. 475 00:24:47,920 --> 00:24:50,320 (tense music) 476 00:24:50,389 --> 00:24:52,523 - [narrator] with kevin adamant he played no part 477 00:24:52,591 --> 00:24:54,291 In his stepfather's death, 478 00:24:54,359 --> 00:24:57,394 And no hard evidence clearly proving kevin as the killer, 479 00:24:57,462 --> 00:25:00,564 Investigators need to figure out their next move. 480 00:25:01,967 --> 00:25:04,467 - Agents were able to search kevin foster's home 481 00:25:04,469 --> 00:25:06,036 To see if there's evidence. 482 00:25:06,105 --> 00:25:09,940 His wife, elissa, was there, so she was interviewed. 483 00:25:10,009 --> 00:25:13,543 And his wife reports that he found another job, 484 00:25:13,545 --> 00:25:14,978 He went to work that day. 485 00:25:14,980 --> 00:25:16,646 - Elissa told us, the day of the murder, 486 00:25:16,648 --> 00:25:18,015 He was going to work. 487 00:25:18,083 --> 00:25:19,483 He wasn't there. 488 00:25:19,552 --> 00:25:22,019 And kevin was this very upstanding person, 489 00:25:22,087 --> 00:25:24,588 That was very professional, very intelligent, 490 00:25:24,656 --> 00:25:27,224 Had a very successful life. 491 00:25:27,226 --> 00:25:29,426 - The wife, she's like, "look, he's innocent. 492 00:25:29,494 --> 00:25:31,161 He didn't do it. I support him." 493 00:25:31,163 --> 00:25:35,365 She does, at one point, say that kevin does own two guns. 494 00:25:35,434 --> 00:25:39,002 Kevin's wife hands over his two guns to investigators 495 00:25:39,071 --> 00:25:41,939 To be examined to prove his innocence. 496 00:25:42,007 --> 00:25:43,874 One of them is a nine-millimeter, 497 00:25:43,942 --> 00:25:46,309 And nine-millimeter shell casings had been found 498 00:25:46,378 --> 00:25:48,311 At the scene where ricky was murdered. 499 00:25:48,381 --> 00:25:52,950 So now you're wondering, could it be the murder weapon? 500 00:25:53,018 --> 00:25:57,788 - [narrator] investigators send the weapon for analysis. 501 00:25:57,856 --> 00:26:01,291 The next morning, rick swan's attorney contacts detectives, 502 00:26:01,360 --> 00:26:03,961 And details an unusual message he received 503 00:26:04,029 --> 00:26:06,230 Soon after rick was killed. 504 00:26:07,699 --> 00:26:10,667 - Rick and kevin were scheduled to appear in district court 505 00:26:10,736 --> 00:26:13,103 At 3:00 on the day of the murder. 506 00:26:13,172 --> 00:26:17,140 So after the hearing was over, rick didn't appear in court, 507 00:26:17,209 --> 00:26:20,778 And I had got a call from kevin foster. 508 00:26:46,405 --> 00:26:47,871 - [narrator] investigators follow up 509 00:26:47,873 --> 00:26:49,606 With the tulsa county court clerk. 510 00:26:49,608 --> 00:26:53,243 She confirms that kevin did appear for the hearing. 511 00:26:53,312 --> 00:26:55,879 - Kevin still shows up at that court hearing, 512 00:26:55,948 --> 00:26:58,115 And they're like, "we're not having a court hearing today 513 00:26:58,183 --> 00:27:00,683 Because there's been an emergency," 514 00:27:00,685 --> 00:27:03,687 Because they know that rick is dead. 515 00:27:03,755 --> 00:27:05,088 - [narrator] detectives can't be sure 516 00:27:05,157 --> 00:27:07,558 If kevin expected to see rick at the hearing 517 00:27:07,626 --> 00:27:09,626 Or if turning up at court was an attempt 518 00:27:09,694 --> 00:27:11,161 To cover his tracks. 519 00:27:11,230 --> 00:27:13,296 With kevin in jail for obstruction, 520 00:27:13,365 --> 00:27:16,733 Investigators need to consider other potential suspects 521 00:27:16,802 --> 00:27:19,136 That may remain at large. 522 00:27:20,673 --> 00:27:22,039 - So you gotta think, 523 00:27:22,107 --> 00:27:24,308 Is maybe somebody else in that red mini cooper? 524 00:27:25,544 --> 00:27:27,378 Is it really him, or is it someone who's trying 525 00:27:27,446 --> 00:27:29,213 To make it look like it was him? 526 00:27:30,715 --> 00:27:32,549 - [narrator] there's one other person who stands to gain 527 00:27:32,617 --> 00:27:36,987 From rick swan's demise: His other stepson, brandon. 528 00:27:38,457 --> 00:27:41,191 - So the feud didn't stop between rick and kevin. 529 00:27:41,260 --> 00:27:44,795 Brandon foster was also estranged from rick, 530 00:27:44,863 --> 00:27:47,898 Had very hard feelings toward rick. 531 00:27:49,001 --> 00:27:51,067 Investigators needed to determine, 532 00:27:51,136 --> 00:27:54,137 Is there something more there? 533 00:27:54,206 --> 00:27:56,539 - [narrator] as investigators pore through a paper trail 534 00:27:56,541 --> 00:27:58,041 Of rick's business dealings, 535 00:27:58,043 --> 00:28:00,811 They discovered that one month before his murder, 536 00:28:00,879 --> 00:28:03,313 Rick swan made an adjustment to his will. 537 00:28:03,382 --> 00:28:05,082 (timeline clicking) (tense music) 538 00:28:05,150 --> 00:28:07,384 - At that time, rick realises with this bank situation, 539 00:28:07,452 --> 00:28:09,820 With this headstone situation, things are so outta control 540 00:28:09,888 --> 00:28:11,288 That there's no going back. 541 00:28:11,356 --> 00:28:13,290 It's causing him grief on top of his grief, 542 00:28:13,358 --> 00:28:15,959 And he decides he's gonna make it clear 543 00:28:15,961 --> 00:28:18,728 That when he passes away, these stepsons of his, 544 00:28:18,798 --> 00:28:20,463 They're not getting anything from him. 545 00:28:20,465 --> 00:28:22,433 And he doesn't just say they're not getting anything, 546 00:28:22,501 --> 00:28:23,834 But he makes a point of saying, 547 00:28:23,902 --> 00:28:26,703 "brandon, you're gonna get $2 when I die, 548 00:28:26,771 --> 00:28:29,640 And, kevin, you're gonna get $1." 549 00:28:33,912 --> 00:28:35,312 - Can you ignore the existence 550 00:28:35,380 --> 00:28:37,347 Of brandon foster in this investigation? 551 00:28:37,349 --> 00:28:38,215 No, you can't. 552 00:28:39,585 --> 00:28:42,319 That night, brandon foster was interviewed by investigators, 553 00:28:42,387 --> 00:28:43,954 And he was cooperative. 554 00:28:44,022 --> 00:28:47,457 - What they're able to fairly quickly uncover was that, 555 00:28:47,526 --> 00:28:50,260 No, brandon foster and rick weren't friends. 556 00:28:50,329 --> 00:28:51,628 They didn't socialise, 557 00:28:51,697 --> 00:28:53,997 But there wasn't the bitter hatred 558 00:28:54,066 --> 00:28:57,767 That they were seeing with kevin foster. 559 00:28:57,769 --> 00:29:01,772 - They also learn from brandon that, "look, even I think 560 00:29:01,840 --> 00:29:04,241 He's gotten just a little too far out there 561 00:29:04,243 --> 00:29:06,743 With his hatred of his stepfather." 562 00:29:06,811 --> 00:29:10,413 And at that time, he pulls out a picture and says to them, 563 00:29:10,482 --> 00:29:12,315 "okay, look, I have something 564 00:29:12,317 --> 00:29:15,285 That might help you in this case." 565 00:29:16,721 --> 00:29:18,755 - Brandon provided images from his cell phone 566 00:29:18,824 --> 00:29:22,860 That kevin had texted him months before. 567 00:29:24,363 --> 00:29:26,129 - And it was the outline of a human shooting target 568 00:29:26,198 --> 00:29:31,168 Riddled with bullet holes, and underneath was "rip rick." 569 00:29:35,307 --> 00:29:39,343 We actually set up a meeting with elissa foster, 570 00:29:40,512 --> 00:29:42,946 And then she actually confronted kevin foster 571 00:29:43,014 --> 00:29:44,982 For the first time. 572 00:30:06,705 --> 00:30:09,472 - [narrator] detectives investigating the murder of rick swan 573 00:30:09,541 --> 00:30:13,076 Learn that months earlier, his stepson, brandon foster, 574 00:30:13,145 --> 00:30:16,947 Received a text message from kevin foster. 575 00:30:20,585 --> 00:30:25,021 - Clearly that showed us kevin had harboured this animosity, 576 00:30:25,090 --> 00:30:27,891 This murderous rage for a little while, 577 00:30:27,960 --> 00:30:29,960 Or he wouldn't have sent that text. 578 00:30:31,330 --> 00:30:33,330 - They also learned from brandon, he has an alibi. 579 00:30:33,398 --> 00:30:37,033 It's solid, so that rules him out. 580 00:30:37,102 --> 00:30:40,036 - [narrator] with investigators' focus back on kevin, 581 00:30:40,105 --> 00:30:42,038 They reach out to his current employer 582 00:30:42,107 --> 00:30:45,242 To confirm that kevin was at work on the day of the murder. 583 00:30:46,711 --> 00:30:48,245 - That's where we learned, 584 00:30:48,313 --> 00:30:49,980 When they found out about those embezzlement charges, 585 00:30:50,048 --> 00:30:51,848 He was apparently dismissed, 586 00:30:51,916 --> 00:30:54,852 And he was not working at the time of the murder. 587 00:30:56,355 --> 00:30:58,154 - The day of the murder, kevin foster led his wife 588 00:30:58,223 --> 00:31:00,490 To believe that he was going to work, 589 00:31:00,559 --> 00:31:02,125 Even though he'd been fired. 590 00:31:02,194 --> 00:31:06,496 - Kevin foster is the likely and lone suspect at that point. 591 00:31:06,565 --> 00:31:09,099 I had this theory kevin lost his job, 592 00:31:09,167 --> 00:31:14,137 Then he pressured rick for what he thought he was owed 593 00:31:14,206 --> 00:31:16,072 From his mother's estate. 594 00:31:16,141 --> 00:31:18,074 Kevin foster's after the money, 595 00:31:18,143 --> 00:31:20,443 And he's mad that he can't get it. 596 00:31:20,445 --> 00:31:23,079 - He was simmering, and that simmering, 597 00:31:23,148 --> 00:31:24,815 Nobody knew how much it was gonna boil over, 598 00:31:24,883 --> 00:31:28,318 But it's getting worse and worse. 599 00:31:28,387 --> 00:31:29,852 - [narrator] it's been 24 hours 600 00:31:29,922 --> 00:31:31,788 Since rick swan was found murdered. 601 00:31:33,158 --> 00:31:35,558 Kevin foster is in jail for obstruction, 602 00:31:35,560 --> 00:31:37,294 But investigators need to move quickly 603 00:31:37,362 --> 00:31:40,097 To keep him behind bars on a murder charge. 604 00:31:41,066 --> 00:31:42,565 - I obtained a search warrant 605 00:31:42,567 --> 00:31:46,136 To search kevin foster's red mini cooper car. 606 00:31:47,306 --> 00:31:50,073 - What they find inside is a smashed cell phone. 607 00:31:51,276 --> 00:31:53,109 - The screen of the phone was cracked. 608 00:31:53,178 --> 00:31:56,013 We were hoping the phone wasn't destroyed sufficiently 609 00:31:56,015 --> 00:31:59,049 To prevent evidence from being recovered from it. 610 00:31:59,117 --> 00:32:02,985 We also then found a key to a safety deposit box 611 00:32:02,987 --> 00:32:04,855 From a specific bank. 612 00:32:04,923 --> 00:32:07,123 - [narrator] while investigators send the smashed cell phone 613 00:32:07,192 --> 00:32:08,959 For forensic analysis, 614 00:32:09,027 --> 00:32:10,393 They follow up at the bank 615 00:32:10,462 --> 00:32:12,996 Where the safety deposit box appears to be from. 616 00:32:14,199 --> 00:32:15,331 - We searched the safety deposit box. 617 00:32:15,400 --> 00:32:16,599 They find that wedding ring 618 00:32:16,668 --> 00:32:18,401 Rick swan had months before, 619 00:32:18,470 --> 00:32:22,906 Described as the ring that kevin foster had stolen. 620 00:32:31,250 --> 00:32:34,885 - [narrator] at claremore pd, investigators are in luck. 621 00:32:34,953 --> 00:32:36,853 They successfully access data 622 00:32:36,921 --> 00:32:38,355 From the smashed cell phone. 623 00:32:39,758 --> 00:32:41,291 - Phones contain so much data, 624 00:32:41,360 --> 00:32:43,593 But I kind of just pointed at November 15th, 625 00:32:43,662 --> 00:32:47,331 And there was gps data that we recovered. 626 00:32:48,967 --> 00:32:50,633 We plugged those coordinates in, 627 00:32:50,635 --> 00:32:53,069 And it mapped right in the area of rick swan's property. 628 00:32:53,138 --> 00:32:56,940 So we knew that that phone had been there. 629 00:32:58,077 --> 00:33:00,310 As I kept kind of scrolling through it, 630 00:33:00,378 --> 00:33:02,779 I ended up getting some images 631 00:33:02,847 --> 00:33:07,717 That kevin foster actually thought he had deleted. 632 00:33:07,786 --> 00:33:09,652 One of the first pictures I found 633 00:33:09,721 --> 00:33:13,056 Was a body that was burning. 634 00:33:15,627 --> 00:33:19,329 I was looking at rick swan burning, live. 635 00:33:21,266 --> 00:33:22,832 And the next picture was the outside 636 00:33:22,834 --> 00:33:27,003 Of rick swan's building. 637 00:33:27,072 --> 00:33:28,371 It was about a one-second video, 638 00:33:28,440 --> 00:33:29,739 And I could tell the person holding the phone 639 00:33:29,808 --> 00:33:31,474 Was walking away from that, 640 00:33:31,543 --> 00:33:35,979 But all you could see is the smoke billowing out. 641 00:33:37,416 --> 00:33:40,751 - The photograph confirmed for us that he stood there 642 00:33:40,819 --> 00:33:43,653 And watched that man's body burn. 643 00:33:44,889 --> 00:33:47,757 Kevin foster is capable of murder. 644 00:33:47,826 --> 00:33:50,426 Who would've thought it? 645 00:33:50,495 --> 00:33:52,228 - I was a little bit surprised 646 00:33:52,297 --> 00:33:56,400 That kevin was actually the one that murdered him. 647 00:33:57,369 --> 00:33:58,635 I knew he was an evil person, 648 00:33:58,703 --> 00:34:02,372 But I didn't see him being dumb enough 649 00:34:02,441 --> 00:34:04,407 To blatantly kill someone like that 650 00:34:04,409 --> 00:34:07,043 And think you're not gonna get caught. 651 00:34:07,045 --> 00:34:08,912 Maybe rage just took over him. 652 00:34:10,114 --> 00:34:12,182 - [narrator] on December 5th, 2018, 653 00:34:12,250 --> 00:34:15,251 Kevin foster is charged with murder. 654 00:34:15,320 --> 00:34:17,253 He enters a plea of not guilty, 655 00:34:17,322 --> 00:34:20,424 And the trial is scheduled for November, 2019. 656 00:34:21,726 --> 00:34:25,127 - We believe that the egregious nature of this crime, 657 00:34:25,129 --> 00:34:27,230 Kevin foster deserved all the prison time 658 00:34:27,232 --> 00:34:28,765 That we could give him. 659 00:34:28,833 --> 00:34:31,067 But how would we be able to prove that this was intentional 660 00:34:31,135 --> 00:34:33,537 To get the maximum sentence? 661 00:34:42,113 --> 00:34:45,415 - I was cleaning out rick's shop, 662 00:34:45,484 --> 00:34:50,187 And I saw something laying on the ground there, 663 00:34:50,189 --> 00:34:51,154 And I picked it up. 664 00:34:51,223 --> 00:34:52,755 It was a game camera. 665 00:34:52,824 --> 00:34:54,357 (tense music) 666 00:34:54,426 --> 00:34:57,627 I didn't know if anything was on it or not, 667 00:34:57,695 --> 00:35:02,599 But I felt like I needed to call the police department. 668 00:35:03,868 --> 00:35:06,970 - Chris swan calls me, and he was distraught. 669 00:35:08,340 --> 00:35:09,739 So I went and met with chris, 670 00:35:09,808 --> 00:35:13,075 And what he explained to me was the game camera 671 00:35:13,145 --> 00:35:16,879 That we had been looking for back in November, 672 00:35:16,949 --> 00:35:20,317 Chris found it. 673 00:35:21,720 --> 00:35:25,088 - [narrator] investigators load the images from the game cam. 674 00:35:25,891 --> 00:35:27,456 Designed to track wildlife, 675 00:35:27,526 --> 00:35:29,826 The game cam automatically takes a photo 676 00:35:29,895 --> 00:35:32,329 When triggered by movement. 677 00:35:33,598 --> 00:35:35,632 - Most people have game cameras to catch deer, 678 00:35:35,700 --> 00:35:39,169 But rick swan used them to kind of protect himself. 679 00:35:40,239 --> 00:35:41,637 - [narrator] positioned inside the barn, 680 00:35:41,707 --> 00:35:44,974 Rick's rv is just out of frame to the left. 681 00:35:45,043 --> 00:35:49,312 - The images start with rick swan turning on the lights, 682 00:35:49,381 --> 00:35:53,216 And a minute and 12 seconds after rick turns on the lights, 683 00:35:53,285 --> 00:35:57,354 You see kevin foster's shoe enter the picture. 684 00:36:04,629 --> 00:36:06,496 You see a gun in his hand. 685 00:36:06,564 --> 00:36:10,166 He's literally holding a gun in his hand 686 00:36:10,168 --> 00:36:12,836 While he's facing the trailer. 687 00:36:12,904 --> 00:36:17,006 - After that, you never see rick swan out of the rv, 688 00:36:17,008 --> 00:36:20,109 Which confirms for me that rick was still in the rv 689 00:36:20,178 --> 00:36:23,313 When kevin approached it. 690 00:36:23,381 --> 00:36:25,849 Kevin foster disappears out of view 691 00:36:25,917 --> 00:36:29,252 Into the rv for some period of time. 692 00:36:30,455 --> 00:36:33,456 He comes back out with one glove on, 693 00:36:33,525 --> 00:36:36,492 A big bag full of stuff that he's gonna steal. 694 00:36:36,561 --> 00:36:40,196 (suspenseful music) 695 00:36:40,198 --> 00:36:41,932 - Then you see him with gas cans, 696 00:36:42,000 --> 00:36:44,768 Walking with cans of gasoline. 697 00:36:48,807 --> 00:36:52,308 - Then the shop building gets pretty dark and smoky, 698 00:36:52,377 --> 00:36:56,213 And pretty soon bursts into flames. 699 00:37:00,284 --> 00:37:03,753 - It's eerie seeing this person go up there 700 00:37:03,822 --> 00:37:07,591 And end up executing his stepfather. 701 00:37:17,468 --> 00:37:19,535 - Now we had photographic evidence. 702 00:37:19,604 --> 00:37:24,307 Kevin foster killed this man on a surveillance camera. 703 00:37:28,112 --> 00:37:29,312 - Even though we had faith 704 00:37:29,381 --> 00:37:31,548 In the volume of evidence that we had, 705 00:37:31,616 --> 00:37:33,483 Any trial attorney knows that you never know 706 00:37:33,551 --> 00:37:35,618 What a jury is going to do. 707 00:37:35,687 --> 00:37:38,654 We knew that kevin foster was posturing himself 708 00:37:38,656 --> 00:37:40,923 As somebody that was completely innocent, 709 00:37:40,992 --> 00:37:43,459 And elissa, his wife, seemed to be buying it. 710 00:37:43,528 --> 00:37:48,464 And so, we actually set up a meeting with elissa foster 711 00:37:48,533 --> 00:37:52,469 Where we provided her some of the information that we had. 712 00:37:53,671 --> 00:37:55,838 She was shocked, had a very emotional reaction, 713 00:37:55,907 --> 00:38:01,244 And then had a video phone call to kevin foster from jail 714 00:38:02,313 --> 00:38:03,980 Where she actually confronted kevin foster 715 00:38:04,048 --> 00:38:06,449 For the first time. 716 00:38:35,947 --> 00:38:38,581 - [narrator] homicide suspect kevin foster is in jail, 717 00:38:38,650 --> 00:38:42,319 Awaiting trial for the murder of his stepfather, rick swan. 718 00:38:43,655 --> 00:38:45,988 Investigators watch as his wife, elissa, 719 00:38:45,990 --> 00:38:48,658 Confronts him with the evidence. 720 00:39:02,473 --> 00:39:05,208 (elissa sobs) 721 00:39:29,033 --> 00:39:31,501 (tense music) 722 00:39:34,406 --> 00:39:37,240 (elissa sobs) 723 00:40:12,510 --> 00:40:13,876 - He downplayed it. 724 00:40:13,945 --> 00:40:15,545 He initially claimed it could be manufactured. 725 00:40:15,613 --> 00:40:17,447 Up until now, I think he believed, 726 00:40:17,515 --> 00:40:20,417 "I'm gonna get away with this." 727 00:40:21,886 --> 00:40:23,619 - [narrator] in January, 2019, 728 00:40:23,621 --> 00:40:26,356 Investigators received the ballistics report. 729 00:40:27,726 --> 00:40:30,093 It confirms that the bullets that killed rick swan 730 00:40:30,161 --> 00:40:31,861 Were fired from kevin's gun. 731 00:40:33,265 --> 00:40:36,565 On November 6th, 2019, kevin foster stands trial 732 00:40:36,635 --> 00:40:39,269 For the murder of rick swan. 733 00:40:40,405 --> 00:40:42,839 - The question was, how's foster gonna do? 734 00:40:42,907 --> 00:40:44,774 He doesn't look like what you would expect 735 00:40:44,842 --> 00:40:46,676 A murder defendant to look like. 736 00:40:46,744 --> 00:40:48,445 Is he gonna explain his story? 737 00:40:48,513 --> 00:40:51,748 And by that, I mean, is he going to lie well? 738 00:40:51,816 --> 00:40:53,816 - So kevin foster takes the stand 739 00:40:53,885 --> 00:40:58,254 And claims that rick had a gun that he fired at him, 740 00:40:58,323 --> 00:41:01,123 Things that demonstrably were untrue. 741 00:41:01,125 --> 00:41:03,025 (haunting music) 742 00:41:03,027 --> 00:41:05,595 - It's hard to sit there and watch someone lie 743 00:41:05,663 --> 00:41:07,430 And keep your mouth shut. 744 00:41:09,000 --> 00:41:11,000 - [narrator] despite the prosecution's seemingly strong case, 745 00:41:11,069 --> 00:41:13,970 As the jury enters deliberation, rick's family 746 00:41:14,038 --> 00:41:18,975 And friends continue to worry kevin may get away with it. 747 00:41:20,078 --> 00:41:23,713 - You never know what a jury's going to decide 748 00:41:23,781 --> 00:41:27,584 One way or the other, but yeah, 749 00:41:31,289 --> 00:41:33,957 I guess I just put my trust 750 00:41:38,896 --> 00:41:42,465 That the right thing was gonna be done. 751 00:41:43,634 --> 00:41:45,501 - [narrator] on November 15th, 2019, 752 00:41:45,570 --> 00:41:46,836 After an eight-day trial, 753 00:41:46,905 --> 00:41:50,340 The jury returns with their verdict. 754 00:41:51,709 --> 00:41:53,276 - The result was that the jury found him guilty 755 00:41:53,344 --> 00:41:56,078 On every count, and returned the maximum sentence 756 00:41:56,147 --> 00:41:58,948 On every count, and that includes murder. 757 00:42:00,318 --> 00:42:01,651 - [narrator] kevin foster is ultimately sentenced 758 00:42:01,719 --> 00:42:04,554 To 45 years in federal prison. 759 00:42:07,225 --> 00:42:11,561 - They assured me that he'll never see freedom again, 760 00:42:12,997 --> 00:42:16,065 But depends on if whether he lives long enough to get out. 761 00:42:18,470 --> 00:42:20,403 I hope he dies there. 762 00:42:23,174 --> 00:42:25,274 - [narrator] rick's family and friends continue 763 00:42:25,343 --> 00:42:27,076 To grieve their loss. 764 00:42:28,813 --> 00:42:31,147 - I miss him when I need somebody to talk to. 765 00:42:32,817 --> 00:42:34,517 I know his brother does, too. 766 00:42:36,621 --> 00:42:38,054 So I call his brother now. 767 00:42:39,223 --> 00:42:42,392 (bright piano music) 768 00:42:44,228 --> 00:42:45,562 - I found a note 769 00:42:48,266 --> 00:42:49,532 He had written me, 770 00:42:51,636 --> 00:42:53,569 That basically said, 771 00:42:53,638 --> 00:42:56,673 "if you find this note, I'm now gone," 772 00:43:00,244 --> 00:43:02,412 To not be sad for him, 773 00:43:07,185 --> 00:43:09,652 (chris sniffles) 774 00:43:09,854 --> 00:43:11,387 Not to be sad for him, 775 00:43:11,389 --> 00:43:15,458 That he was where he wanted to be, with cathey now. 776 00:43:15,460 --> 00:43:18,695 (gentle music) 777 00:43:18,763 --> 00:43:21,798 I was just so lucky to have rick in my life. 778 00:43:23,968 --> 00:43:26,836 We didn't always see eye to eye, 779 00:43:28,807 --> 00:43:33,475 But we were always... 780 00:43:33,677 --> 00:43:35,077 (chris groans) 781 00:43:35,279 --> 00:43:39,782 We were always brothers. (sniffles)