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1
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They call him a bully.
A big guy.
2
00:00:12,081 --> 00:00:15,601
So, these others got together,
and killed the man.
3
00:00:15,705 --> 00:00:17,255
McElroy's wife, Trena,
4
00:00:17,362 --> 00:00:19,882
says she knows
who killed her husband,
5
00:00:19,985 --> 00:00:21,605
but police refuse to act.
6
00:00:21,711 --> 00:00:24,781
Investigators say,
her story does not check out.
7
00:00:24,886 --> 00:00:27,336
I know that
there are people who know
8
00:00:27,441 --> 00:00:28,961
who shot Ken McElroy.
9
00:00:29,063 --> 00:00:31,763
But, in all those years,
10
00:00:31,859 --> 00:00:35,069
no one has ever talked.
11
00:00:37,623 --> 00:00:39,423
You're absolutely positive,
12
00:00:39,522 --> 00:00:40,732
it was Del Clement
who shot your husband--
13
00:00:40,833 --> 00:00:42,633
Yes, I seen him shoot it.
14
00:00:42,732 --> 00:00:45,702
Sure, I believe her.
No reason not to.
15
00:00:45,804 --> 00:00:49,084
People's afraid
to say what they seen.
16
00:00:49,187 --> 00:00:52,537
'Cause they're afraid what's gonna
happen to them and their family.
17
00:00:54,157 --> 00:00:58,777
Why did the grand
jury not believe Mrs. McElroy?
18
00:00:58,886 --> 00:01:00,296
I do not have an answer.
19
00:01:00,405 --> 00:01:03,505
Trena is a liar.
That's my complaint.
20
00:01:03,615 --> 00:01:05,645
I believe that there
was a major cover up here.
21
00:01:05,755 --> 00:01:08,475
Not only by law enforcement,
and all the people in that town.
22
00:01:08,585 --> 00:01:11,415
No one talked.
Everyone stuck together.
23
00:01:11,519 --> 00:01:14,489
They went in. They had a town
meeting, they all sat down together,
24
00:01:14,591 --> 00:01:17,221
they decided that they were
gonna do it. And they done it.
25
00:01:17,318 --> 00:01:19,768
They're not gonna
do anything in that county.
26
00:01:25,499 --> 00:01:27,639
Because there
was a question about
27
00:01:27,742 --> 00:01:29,092
whether there was a conspiracy
28
00:01:29,192 --> 00:01:30,372
to kill McElroy,
29
00:01:30,469 --> 00:01:32,259
and the Sheriff was present,
30
00:01:32,368 --> 00:01:35,268
it was necessary for the federal
government to investigate.
31
00:01:35,371 --> 00:01:37,241
I know the Sheriff
and them were involved.
32
00:01:37,338 --> 00:01:39,128
I don't care what
anyone has to say,
33
00:01:39,237 --> 00:01:42,647
whether it ever comes to light,
I know they were involved.
34
00:02:47,028 --> 00:02:50,518
I have no sympathy for Ken Rex,
35
00:02:52,033 --> 00:02:54,553
or what he had in his head.
36
00:02:57,936 --> 00:03:00,726
He scared this poor community,
half to death,
37
00:03:02,043 --> 00:03:04,563
to the point that they felt
they had no alternative,
38
00:03:04,667 --> 00:03:07,357
to do other than what they did.
39
00:03:11,432 --> 00:03:14,372
Did they have an alternative?
40
00:03:14,470 --> 00:03:16,780
I guess,
we all have alternatives.
41
00:03:18,059 --> 00:03:19,479
But, I certainly,
42
00:03:19,578 --> 00:03:21,198
having lived within the county,
43
00:03:21,304 --> 00:03:22,964
during the time that he was
44
00:03:23,064 --> 00:03:25,034
seen as a menace to the county,
45
00:03:25,135 --> 00:03:28,235
and feeling some of
the things that I did...
46
00:03:28,794 --> 00:03:30,284
I carried a gun
47
00:03:30,382 --> 00:03:33,422
to protect myself, and my
family, during that time.
48
00:03:33,523 --> 00:03:36,223
I never have, at other times.
49
00:03:37,941 --> 00:03:40,501
So, he brought out
the worst in me.
50
00:03:42,636 --> 00:03:45,046
So, he may have been guilty,
51
00:03:45,155 --> 00:03:48,465
but they were guilty, as well.
52
00:03:49,470 --> 00:03:50,820
They were guilty of
53
00:03:50,920 --> 00:03:52,960
being vigilantes.
54
00:04:04,313 --> 00:04:05,693
Hello.
55
00:04:05,797 --> 00:04:06,827
Yeah, Bruce?
56
00:04:06,936 --> 00:04:10,246
Kirby Goslee, how you doing?
57
00:04:12,735 --> 00:04:15,565
Um, could I get a key
to the museum?
58
00:04:20,052 --> 00:04:22,372
Oh, there's the wasps.
59
00:04:26,404 --> 00:04:27,784
These aren't too bad.
60
00:04:27,888 --> 00:04:31,238
The ones that are
yellow and black striped,
61
00:04:31,340 --> 00:04:33,550
They'll keep stinging you.
62
00:04:34,481 --> 00:04:36,451
You stay back.
63
00:04:42,868 --> 00:04:45,868
Now, watch out for that snake.
64
00:04:52,809 --> 00:04:55,849
Well, we're in
the old Skidmore Depot,
65
00:04:55,950 --> 00:04:58,990
which, uh, when they
shut the train down,
66
00:04:59,091 --> 00:05:02,851
they decided to make a museum,
out of this building.
67
00:05:04,269 --> 00:05:05,789
Around 1870,
68
00:05:05,891 --> 00:05:08,721
Marteny Skidmore
founded the town.
69
00:05:09,585 --> 00:05:11,995
And the railroad was here.
70
00:05:13,313 --> 00:05:15,323
And he put up a grist mill,
71
00:05:16,143 --> 00:05:17,563
and once you had that,
72
00:05:17,662 --> 00:05:20,042
then you could
have everything else.
73
00:05:21,459 --> 00:05:25,459
Small town living,
that's how we all started.
74
00:05:25,566 --> 00:05:26,876
Small town community,
75
00:05:26,981 --> 00:05:29,711
everybody knew everybody, and...
76
00:05:29,812 --> 00:05:32,572
I think that everybody,
pretty much, loved everybody.
77
00:05:32,677 --> 00:05:34,367
You don't have to worry about
78
00:05:34,472 --> 00:05:35,712
your door being locked.
79
00:05:35,818 --> 00:05:37,228
You didn't have to worry about
80
00:05:37,337 --> 00:05:38,857
someone stealing your car.
81
00:05:38,959 --> 00:05:41,789
You didn't have to worry
about any of that.
82
00:05:41,893 --> 00:05:46,043
Small towns,
embody the American dream.
83
00:05:47,001 --> 00:05:49,801
But, there's also a dark side.
84
00:05:56,010 --> 00:05:59,260
If we go back,
in Nodaway County history,
85
00:05:59,359 --> 00:06:01,739
and you look at Skidmore,
86
00:06:01,844 --> 00:06:04,504
they always did their own thing.
87
00:06:05,537 --> 00:06:07,677
They wanted to be independent...
88
00:06:07,781 --> 00:06:10,651
and unfortunately,
89
00:06:11,992 --> 00:06:15,792
there was a culture
of violence in the area.
90
00:06:19,344 --> 00:06:22,694
Raymond Gunn lived here,
in Nodaway County.
91
00:06:22,796 --> 00:06:25,696
And there was a school teacher
92
00:06:25,799 --> 00:06:28,149
in the area,
that was hit on the head,
93
00:06:28,249 --> 00:06:31,109
and killed, as she was working,
94
00:06:31,218 --> 00:06:32,938
after school.
95
00:06:33,772 --> 00:06:36,052
And Raymond Gunn was the one
96
00:06:36,154 --> 00:06:37,984
charged with that death.
97
00:06:38,087 --> 00:06:40,847
And Raymond had a history.
He had already been arrested,
98
00:06:40,952 --> 00:06:44,512
and convicted, of an assault
against a female student.
99
00:06:44,611 --> 00:06:45,961
So, when things would happen,
100
00:06:46,060 --> 00:06:49,240
he was the first one
they would turn to.
101
00:06:49,339 --> 00:06:50,509
Here, you have a black man,
102
00:06:50,617 --> 00:06:51,997
tied to the murder of
103
00:06:52,101 --> 00:06:53,451
a white school teacher,
104
00:06:53,551 --> 00:06:56,551
whether he was
guilty of the crime, or not.
105
00:06:56,657 --> 00:06:58,067
That was probably enough
106
00:06:58,176 --> 00:06:59,346
for them to decide
107
00:06:59,453 --> 00:07:01,183
what they wanted to do.
108
00:07:03,043 --> 00:07:06,633
That morning,
he was being taken to the courthouse,
109
00:07:06,736 --> 00:07:08,636
to be charged with the murder.
110
00:07:08,738 --> 00:07:11,088
And there's this huge
crowd gathered,
111
00:07:11,189 --> 00:07:14,989
and the Sheriff pulls
right into the middle of that.
112
00:07:17,126 --> 00:07:19,156
He delivered the man to the mob.
113
00:07:19,266 --> 00:07:21,026
That's all I can say.
114
00:07:21,130 --> 00:07:23,300
A group of vigilantes
115
00:07:23,408 --> 00:07:25,758
took him from
the Sheriff's control,
116
00:07:25,859 --> 00:07:29,309
and paraded him
through the countryside,
117
00:07:29,414 --> 00:07:32,244
They took him through fences,
118
00:07:32,348 --> 00:07:34,968
hedgerows, and everything else.
119
00:07:35,075 --> 00:07:37,965
My granddad and
my uncle was up there,
120
00:07:38,078 --> 00:07:40,598
when they broke him out of jail.
121
00:07:43,566 --> 00:07:45,046
Then, they took him out there,
122
00:07:45,154 --> 00:07:47,264
and chained him up on
top of the school house.
123
00:07:47,363 --> 00:07:49,993
They cut holes in
the roof of the school house,
124
00:07:50,090 --> 00:07:52,890
that they could then,
put his legs through.
125
00:07:52,989 --> 00:07:55,269
Then, chained his feet together,
126
00:07:55,371 --> 00:08:00,031
and then poured gasoline,
and other flammables, on the school,
127
00:08:00,134 --> 00:08:01,904
and him.
128
00:08:03,172 --> 00:08:05,762
And set the whole thing on fire.
129
00:08:07,210 --> 00:08:08,800
Burned him up.
130
00:08:10,973 --> 00:08:13,773
You can't see someone
be tortured, like that,
131
00:08:13,872 --> 00:08:17,082
be burned alive,
be publicly killed, like that.
132
00:08:17,186 --> 00:08:19,396
and think there will be
no consequence.
133
00:08:19,499 --> 00:08:23,229
It creates real,
psychological damage.
134
00:08:27,161 --> 00:08:29,341
It was a black day,
for our county.
135
00:08:29,439 --> 00:08:33,439
That they did what
they did to this poor man.
136
00:08:33,547 --> 00:08:36,547
It was a horrible,
horrible thing.
137
00:08:36,654 --> 00:08:40,554
I suppose, the people felt
it was necessary, at the time.
138
00:08:41,382 --> 00:08:42,942
We live in a civilized country,
139
00:08:43,039 --> 00:08:45,249
we're supposed to abide by laws,
140
00:08:45,352 --> 00:08:48,912
let the legal system
run its course.
141
00:08:49,011 --> 00:08:50,911
But, that's the
history of our country.
142
00:08:51,013 --> 00:08:53,053
You get enough people riled up,
143
00:08:53,153 --> 00:08:56,433
and they're going
to go do vigilante stuff.
144
00:08:57,709 --> 00:09:01,199
I would think, often,
that with vigilantes,
145
00:09:01,299 --> 00:09:02,919
it's a frustration,
146
00:09:03,025 --> 00:09:05,225
that justice is
not going to administer
147
00:09:05,337 --> 00:09:07,687
a type of punishment
that would be appropriate
148
00:09:07,788 --> 00:09:10,518
to whatever the crime is.
149
00:09:10,619 --> 00:09:12,689
Then again, I think
there are others who just
150
00:09:12,793 --> 00:09:15,693
love the opportunity to be mean.
151
00:09:18,419 --> 00:09:21,039
That's these people's ancestors.
152
00:09:21,146 --> 00:09:23,696
It's a legacy that's
been passed down
153
00:09:23,804 --> 00:09:26,434
towards vigilante violence.
154
00:09:26,531 --> 00:09:28,951
It's you saying,
"I'm independent,
155
00:09:29,051 --> 00:09:30,541
I'm going to solve my crimes,
156
00:09:30,639 --> 00:09:32,019
and I'm going to do it my way,
157
00:09:32,123 --> 00:09:34,783
and then, when it's done,
I'm sure it's done."
158
00:09:38,647 --> 00:09:40,647
That's the legacy.
159
00:09:40,752 --> 00:09:44,762
That-- Skidmore is born on.
160
00:10:01,221 --> 00:10:03,781
One of the things
I really enjoy here,
161
00:10:03,879 --> 00:10:05,779
are the birds.
162
00:10:06,571 --> 00:10:08,021
We have a lot of bald eagles,
163
00:10:08,124 --> 00:10:11,374
and a lot of great blue herons.
164
00:10:12,819 --> 00:10:16,129
Beautiful woodland country.
165
00:10:16,236 --> 00:10:20,066
I'm kind of a woodsy guy,
I--I want to be in the woods,
166
00:10:20,171 --> 00:10:23,071
a long way from everybody else.
167
00:10:25,486 --> 00:10:27,316
In Skidmore,
168
00:10:27,419 --> 00:10:30,909
and, I'm sure, many of
the other little towns, too,
169
00:10:31,009 --> 00:10:33,699
it depends on which family
you belong to.
170
00:10:33,805 --> 00:10:35,835
What your last name is.
171
00:10:35,945 --> 00:10:39,775
If you're not a member of
a certain family,
172
00:10:39,880 --> 00:10:41,990
you've got a problem.
173
00:10:42,987 --> 00:10:44,887
I was an outsider.
174
00:10:44,989 --> 00:10:48,199
I did not have
any family, there.
175
00:10:50,477 --> 00:10:54,957
I met Britt,
I believe, the Fall of 1970.
176
00:10:55,068 --> 00:10:57,798
He was, uh,
the first man I'd ever met,
177
00:10:57,898 --> 00:11:00,278
out of the jungle of Vietnam.
178
00:11:00,383 --> 00:11:02,353
He had a lot of pain,
179
00:11:02,454 --> 00:11:04,874
that he tried hiding,
as well as he could.
180
00:11:04,974 --> 00:11:08,434
But, I heard him sing,
for the first time,
181
00:11:08,529 --> 00:11:11,739
and I was absolutely amazed.
182
00:11:14,639 --> 00:11:17,019
♪ Ooh!
183
00:11:20,783 --> 00:11:23,233
♪ I need your lovin'...
184
00:11:23,337 --> 00:11:25,057
When I came back from Vietnam,
185
00:11:25,167 --> 00:11:28,097
I had, uh,
three guys waiting for me
186
00:11:28,204 --> 00:11:29,654
to play in a band with them.
187
00:11:29,758 --> 00:11:31,038
By the end of the summer,
188
00:11:31,138 --> 00:11:33,378
we had nine guys
and a sound man.
189
00:11:33,485 --> 00:11:37,105
And the name of
our band was Festival.
190
00:11:47,120 --> 00:11:49,640
We started the group in 1973,
191
00:11:49,743 --> 00:11:51,683
and when we started,
192
00:11:51,780 --> 00:11:54,060
Oh! Boy, we were
going to hit big.
193
00:11:54,161 --> 00:11:57,481
We ended up performing
for 27 years,
194
00:11:57,578 --> 00:11:59,298
across the United States.
195
00:11:59,408 --> 00:12:03,168
And we were located in Skidmore.
196
00:12:03,274 --> 00:12:05,594
Well, in '81,
we bought this farm,
197
00:12:05,690 --> 00:12:07,310
and it was great.
198
00:12:07,416 --> 00:12:10,036
Three hundred acres, we had
a lot of room to run around.
199
00:12:10,143 --> 00:12:12,013
You could run around naked,
out there.
200
00:12:12,110 --> 00:12:13,940
There was nobody there.
201
00:12:14,699 --> 00:12:16,739
We made no money.
202
00:12:16,839 --> 00:12:19,219
We just adopted that lifestyle
203
00:12:19,324 --> 00:12:22,124
of just sharing what we had.
204
00:12:23,432 --> 00:12:26,852
It was a, uh--
like a little commune.
205
00:12:26,953 --> 00:12:30,033
You know, community living.
206
00:12:30,128 --> 00:12:32,578
There was a lot of
skepticism about him,
207
00:12:32,682 --> 00:12:36,032
by the community,
when they first started up.
208
00:12:36,134 --> 00:12:38,414
Most of it was because
a lot of older people
209
00:12:38,516 --> 00:12:42,276
viewed them as, maybe,
a drug and alcohol thing.
210
00:12:43,624 --> 00:12:46,044
Free sex.
Who knows what they thought.
211
00:12:46,144 --> 00:12:49,114
It was not the Manson family.
212
00:12:49,216 --> 00:12:51,766
It was a very nice family.
213
00:12:51,874 --> 00:12:54,294
It was an American family.
214
00:13:00,469 --> 00:13:02,369
When we came into town,
215
00:13:02,471 --> 00:13:04,961
we were really looked down upon.
216
00:13:05,060 --> 00:13:07,720
People were very
stand-offish to us,
217
00:13:07,821 --> 00:13:09,551
because we were hippies.
218
00:13:11,238 --> 00:13:14,928
You know, hippies. They didn't
know what was going on, out there.
219
00:13:16,209 --> 00:13:19,009
They were suspicious
of outsiders, yeah,
220
00:13:19,108 --> 00:13:22,008
because they knew
the people that they knew.
221
00:13:22,111 --> 00:13:24,081
I'd carry a
double-barreled shotgun.
222
00:13:24,182 --> 00:13:27,982
and walk into town
with it in my hand.
223
00:13:28,083 --> 00:13:31,783
There were a couple--
couple families, that were
224
00:13:31,880 --> 00:13:33,640
not friendly to us.
225
00:13:33,743 --> 00:13:37,853
Uh, but, they were not
friendly to a lot of people.
226
00:13:40,474 --> 00:13:45,034
It was hard for outsiders
to be accepted in Skidmore.
227
00:13:45,134 --> 00:13:46,864
And there were people
that would move in,
228
00:13:46,964 --> 00:13:49,834
and just wouldn't fit in,
so, they'd just move back out.
229
00:13:50,450 --> 00:13:52,040
I mean, back then,
Skidmore was just
230
00:13:52,141 --> 00:13:55,011
a really close-knit place.
231
00:13:56,076 --> 00:13:58,006
I understand that,
232
00:13:58,113 --> 00:13:59,773
you feel he was
a loving husband,
233
00:13:59,873 --> 00:14:01,013
and a good man.
234
00:14:01,116 --> 00:14:03,216
But, those people in Skidmore,
235
00:14:03,325 --> 00:14:06,015
must have had some
cause to fear him.
236
00:14:06,742 --> 00:14:08,122
I mean they just...
237
00:14:09,227 --> 00:14:11,197
they--they disliked him.
238
00:14:11,298 --> 00:14:12,888
For the reason, I don't know,
239
00:14:12,990 --> 00:14:14,960
I don't know if it
was 'cause of jealousy.
240
00:14:15,061 --> 00:14:17,551
I don't know what
the reason were.
241
00:14:19,306 --> 00:14:20,576
In this town,
242
00:14:20,687 --> 00:14:22,787
if you're not theirs,
or from there,
243
00:14:22,896 --> 00:14:24,416
or they don't want you there,
244
00:14:24,518 --> 00:14:25,728
It's--I mean,
245
00:14:25,830 --> 00:14:29,560
they are extremely racist,
prejudiced people.
246
00:14:29,661 --> 00:14:32,221
And, they still think
that it's OK, what took place.
247
00:14:32,319 --> 00:14:33,839
The mentality is still there.
248
00:14:33,942 --> 00:14:35,562
It's exactly the same.
249
00:14:35,667 --> 00:14:38,637
Their hate, their mentality,
isn't just vigilante,
250
00:14:38,739 --> 00:14:40,159
it's just pure hate.
251
00:14:40,258 --> 00:14:42,668
If you did not fit,
252
00:14:42,778 --> 00:14:44,058
they did not want you there.
253
00:14:44,159 --> 00:14:45,919
If you were not a part of
who they were,
254
00:14:46,023 --> 00:14:49,473
what they were, then,
you--you were an outsider.
255
00:14:49,578 --> 00:14:52,058
They think it's OK
for them to do pretty much
256
00:14:52,167 --> 00:14:54,127
whatever they want,
to whoever they want.
257
00:14:54,238 --> 00:14:55,548
It doesn't matter.
258
00:14:55,653 --> 00:14:57,623
It wouldn't matter
if it was a child
259
00:14:57,724 --> 00:14:59,384
that came through that town.
260
00:14:59,484 --> 00:15:01,284
If it didn't belong there
or they didn't want it there,
261
00:15:01,383 --> 00:15:03,663
they're going to do the same
thing that they did to us there.
262
00:15:05,835 --> 00:15:08,865
This is the property,
where Ken Rex McElroy grew up.
263
00:15:08,977 --> 00:15:13,567
Until it mysteriously burned,
shortly after his death.
264
00:15:13,671 --> 00:15:15,921
McElroy's house
was burned to the ground.
265
00:15:16,018 --> 00:15:18,608
Destroyed by arson.
266
00:15:20,678 --> 00:15:22,918
They just did that to run her
267
00:15:23,025 --> 00:15:25,055
and the kids out of here,
get them out of here.
268
00:15:25,165 --> 00:15:27,955
And I think that was
the cruelest thing, myself.
269
00:15:28,065 --> 00:15:29,715
People are scared.
270
00:15:30,722 --> 00:15:32,972
My husband's other children,
271
00:15:33,070 --> 00:15:34,490
they've been shot at,
272
00:15:34,588 --> 00:15:38,968
and they're just scared
to say anything about it.
273
00:15:39,076 --> 00:15:42,076
Somebody burned the house down.
274
00:15:42,907 --> 00:15:45,047
And then the kids, the law,
275
00:15:45,151 --> 00:15:48,361
harassed them, something bad.
276
00:15:49,741 --> 00:15:51,611
Which was another
277
00:15:51,709 --> 00:15:54,399
terrible thing,
as far as I'm concerned.
278
00:15:56,334 --> 00:15:57,924
But, you got to remember,
279
00:15:58,026 --> 00:15:59,816
the law was involved
280
00:15:59,924 --> 00:16:01,374
with this killing.
281
00:16:01,477 --> 00:16:03,617
It wasn't like,
the Sheriff and the police
282
00:16:03,721 --> 00:16:05,831
did not know,
were not made aware of,
283
00:16:05,930 --> 00:16:07,760
didn't know what was happening.
284
00:16:08,898 --> 00:16:10,828
They knew what was happening.
285
00:16:10,935 --> 00:16:13,135
I know they were involved.
286
00:16:23,534 --> 00:16:26,054
In rural
communities, and small towns,
287
00:16:26,157 --> 00:16:28,017
virtually everyone
knows everyone.
288
00:16:28,125 --> 00:16:31,125
And, so,
people become frustrated.
289
00:16:31,231 --> 00:16:33,511
They want immediate justice.
290
00:16:33,613 --> 00:16:36,243
FBI agents came
to town, dressed like farmers.
291
00:16:36,340 --> 00:16:39,340
And now, few will
talk to outsiders, at all.
292
00:16:39,446 --> 00:16:42,376
The state investigation,
was to determine
293
00:16:42,484 --> 00:16:46,014
who killed Ken McElroy.
294
00:16:46,108 --> 00:16:47,418
The federal investigation,
295
00:16:47,523 --> 00:16:50,293
was not to determine
who committed the murder,
296
00:16:50,388 --> 00:16:53,148
but rather, whether the Sheriff
297
00:16:53,253 --> 00:16:55,883
was guilty of conspiracy or,
actually,
298
00:16:55,980 --> 00:16:57,910
using his position,
299
00:16:58,017 --> 00:16:59,667
to perpetrate the crime.
300
00:16:59,777 --> 00:17:02,917
Ken Rex McElroy,
was murdered last July,
301
00:17:03,022 --> 00:17:04,092
in a vigilante killing.
302
00:17:04,195 --> 00:17:05,845
With no one yet convicted,
303
00:17:05,955 --> 00:17:08,505
his widow wants justice done.
304
00:17:14,999 --> 00:17:16,519
I think that,
305
00:17:16,621 --> 00:17:19,001
if the cover up were true,
what we would be seeing,
306
00:17:19,107 --> 00:17:20,557
is no investigation, whatsoever.
307
00:17:20,660 --> 00:17:22,490
And, quite the opposite,
is correct.
308
00:17:24,388 --> 00:17:26,488
Initially, the investigation
on Ken Rex McElroy,
309
00:17:26,597 --> 00:17:28,837
would be under the direction
of the Sheriff.
310
00:17:28,944 --> 00:17:33,194
He makes the decision
to activate the NOMIS Squad.
311
00:17:33,293 --> 00:17:34,363
At that point,
312
00:17:34,467 --> 00:17:36,537
NOMIS is leading
the investigation
313
00:17:36,641 --> 00:17:38,511
for that short period of time.
314
00:17:39,575 --> 00:17:43,125
Shortly after
Mr. McElroy's death,
315
00:17:43,234 --> 00:17:46,934
Mr. McFadin and Mrs. McElroy
316
00:17:47,031 --> 00:17:48,411
made contact with somebody
317
00:17:48,515 --> 00:17:50,405
on behalf of the
Federal government,
318
00:17:50,517 --> 00:17:53,657
asking that the FBI
run an investigation.
319
00:17:54,625 --> 00:17:56,345
The FBI was involved
320
00:17:56,454 --> 00:17:58,464
because there was a perception
321
00:17:58,560 --> 00:18:02,390
by McElroy's widow,
and by McElroy's attorney,
322
00:18:02,495 --> 00:18:05,495
that prompted the FBI
to believe, potentially,
323
00:18:05,601 --> 00:18:08,711
that the Sheriff had
committed a Federal crime.
324
00:18:14,783 --> 00:18:17,103
"Color of law" means,
essentially, that,
325
00:18:17,199 --> 00:18:20,549
the law enforcement official,
or public official,
326
00:18:20,651 --> 00:18:24,281
uses that position,
to commit a crime.
327
00:18:25,380 --> 00:18:26,900
Murders occur all the time,
328
00:18:27,002 --> 00:18:28,802
it doesn't mean it's
a federal crime.
329
00:18:28,900 --> 00:18:31,490
You cannot use the
office that you hold,
330
00:18:31,593 --> 00:18:33,283
as a state law
enforcement officer,
331
00:18:33,388 --> 00:18:36,808
to conspire to kill,
or to kill, a citizen.
332
00:18:36,908 --> 00:18:38,668
In this particular case,
333
00:18:38,772 --> 00:18:41,432
the issue was, was the Sheriff
334
00:18:41,534 --> 00:18:45,374
involved in a conspiracy
to kill McElroy?
335
00:18:47,091 --> 00:18:50,921
Danny was the
Sheriff, for a lot of years.
336
00:18:51,026 --> 00:18:53,436
He was a local boy, OK.
337
00:18:53,546 --> 00:18:56,926
He, and his twin,
were both cops.
338
00:18:57,032 --> 00:18:58,792
Danny was the Sheriff.
339
00:18:58,896 --> 00:19:02,926
Lanny was with the Maryville
Police Department, here.
340
00:19:03,038 --> 00:19:05,448
They were
both, probably, six feet tall.
341
00:19:05,558 --> 00:19:08,598
Pretty good looking guys,
really.
342
00:19:09,907 --> 00:19:12,387
Do you feel that everyone in
Skidmore is as open with you
343
00:19:12,496 --> 00:19:13,636
as they could be?
344
00:19:13,738 --> 00:19:15,878
That's something
that I can't tell.
345
00:19:18,812 --> 00:19:21,782
- Yes, you can. -No,
I--I--that's something that I can't tell.
346
00:19:21,884 --> 00:19:24,164
That's, how do
you say that, that,
347
00:19:24,266 --> 00:19:27,506
you are as open to me,
as you would be, with anyone else?
348
00:19:27,614 --> 00:19:29,894
- That's a-- -Cause I get the
feeling, right now,
349
00:19:29,996 --> 00:19:32,406
you're not being as open
with me, as you could be.
350
00:19:32,516 --> 00:19:34,686
- That--it's an opinion.
- It's a feeling I get.
351
00:19:34,794 --> 00:19:38,564
It's an opinion.
And I--I'm not going to give an opinion.
352
00:19:39,695 --> 00:19:42,075
OK. Good.
353
00:19:42,181 --> 00:19:44,111
It doesn't take
a lot of credentials
354
00:19:44,217 --> 00:19:46,767
to be County Sheriff,
in the state of Missouri.
355
00:19:46,875 --> 00:19:49,045
Think you get a gun permit,
and then you go to,
356
00:19:49,153 --> 00:19:51,713
what's called,
Law Enforcement class, for...
357
00:19:51,811 --> 00:19:55,091
a few hours, and you're
given a certificate.
358
00:19:55,194 --> 00:19:57,234
And, if you have
that certificate,
359
00:19:57,334 --> 00:19:59,854
you can be a Deputy Sheriff,
360
00:19:59,957 --> 00:20:01,957
uh, in any county.
361
00:20:03,616 --> 00:20:05,996
I don't know how many
shootings had occurred
362
00:20:06,101 --> 00:20:07,551
in Nodaway County,
363
00:20:07,654 --> 00:20:09,074
that Sheriff Estes investigated.
364
00:20:09,173 --> 00:20:11,733
I'm sure there were a few.
Nothing like this.
365
00:20:11,831 --> 00:20:15,731
Where the whole town
is involved.
366
00:20:15,835 --> 00:20:19,245
As far as the people,
that's in this town,
367
00:20:19,356 --> 00:20:21,596
they were worse than McElroy.
368
00:20:23,601 --> 00:20:25,471
Worse than McElroy.
369
00:20:27,364 --> 00:20:28,474
If the law--
370
00:20:28,572 --> 00:20:30,192
They aren't going
to say anything.
371
00:20:30,298 --> 00:20:31,918
The law is going
to be with them.
372
00:20:32,023 --> 00:20:35,303
I've often thought about that,
with McElroy,
373
00:20:35,406 --> 00:20:37,096
and Estes.
374
00:20:37,201 --> 00:20:39,071
I've often thought about that.
375
00:20:39,168 --> 00:20:40,548
Were you at the scene?
376
00:20:40,653 --> 00:20:42,593
- At which time?
- The scene of the crime.
377
00:20:42,689 --> 00:20:44,239
Yes, when it first took place.
378
00:20:44,346 --> 00:20:45,586
And, what did you see there?
379
00:20:45,692 --> 00:20:47,072
What did you find,
when you arrived?
380
00:20:47,176 --> 00:20:49,766
Well, Mr. McElroy was
sitting in the pick-up truck,
381
00:20:49,869 --> 00:20:52,009
in front of the,
the, uh, tavern.
382
00:20:52,112 --> 00:20:57,332
So, if the Sheriff
was involved in this dirt,
383
00:20:57,428 --> 00:21:00,328
this puts a whole
new light on everything.
384
00:21:00,431 --> 00:21:02,501
Sheriff Danny Estes
385
00:21:02,606 --> 00:21:05,156
admitted, in interviews,
386
00:21:05,264 --> 00:21:07,024
that he attended that meeting.
387
00:21:07,127 --> 00:21:09,097
They were having a meeting,
388
00:21:09,198 --> 00:21:10,578
and telling the Sheriff,
389
00:21:10,683 --> 00:21:12,893
you have to do
something about him, before,
390
00:21:12,995 --> 00:21:14,475
he kills somebody else.
391
00:21:14,583 --> 00:21:17,453
I don't know
what his thinking was.
392
00:21:17,552 --> 00:21:19,352
He, surely,
couldn't have thought,
393
00:21:19,450 --> 00:21:21,250
all this trouble
was going to go away.
394
00:21:21,349 --> 00:21:22,319
It was just boiling.
395
00:21:22,419 --> 00:21:23,489
Estes says,
396
00:21:23,592 --> 00:21:25,012
he got back into his car,
397
00:21:25,111 --> 00:21:26,321
and he started heading for--
398
00:21:26,423 --> 00:21:27,733
for Maryville.
399
00:21:27,838 --> 00:21:29,868
He got halfway to Maryville,
400
00:21:29,978 --> 00:21:32,358
and got a call
from his dispatcher,
401
00:21:32,463 --> 00:21:33,983
that Ken Rex had been shot.
402
00:21:34,085 --> 00:21:35,875
So, he turned back around,
and came to town.
403
00:21:35,984 --> 00:21:39,024
There's another rumor,
that he never even left town.
404
00:21:39,125 --> 00:21:40,985
That he stayed there,
405
00:21:41,092 --> 00:21:43,412
while this was going on.
406
00:21:43,509 --> 00:21:45,059
Danny Estes,
407
00:21:45,165 --> 00:21:47,955
he knew they were
going to kill McElroy.
408
00:21:48,065 --> 00:21:50,335
He was sitting outside of town.
409
00:21:50,447 --> 00:21:51,897
So, when they called the Law,
410
00:21:52,000 --> 00:21:54,380
he could be the one
to come here.
411
00:21:54,485 --> 00:21:56,415
I still thought they
were going to kill me,
412
00:21:56,522 --> 00:21:58,112
when they took me up
to the bank.
413
00:21:58,213 --> 00:22:01,423
Trena, she was
going to call the Law.
414
00:22:01,527 --> 00:22:03,767
Well, the ones that
worked in the bank,
415
00:22:03,874 --> 00:22:05,574
knew it was going to happen.
416
00:22:05,669 --> 00:22:08,529
And, they told Trena
to sit down, and shut up,
417
00:22:08,637 --> 00:22:10,947
or you'll be the next one.
418
00:22:29,486 --> 00:22:30,486
D-a-n-n-y,
419
00:22:30,590 --> 00:22:32,660
R period, E-s-t-e-s.
420
00:22:32,765 --> 00:22:33,895
How do you pronounce it?
421
00:22:34,007 --> 00:22:35,147
Danny R. Estes.
422
00:22:35,250 --> 00:22:37,250
You've got these scenarios,
423
00:22:37,356 --> 00:22:38,356
you've got accusations,
424
00:22:38,460 --> 00:22:40,390
you've got these rumors,
425
00:22:40,497 --> 00:22:41,637
that,
426
00:22:41,739 --> 00:22:43,809
Estes came up with the idea,
427
00:22:43,914 --> 00:22:46,024
"Hey, we'll have this meeting,
428
00:22:46,123 --> 00:22:50,163
we'll get rid of him,
before, uh, he goes to jail.
429
00:22:51,300 --> 00:22:54,370
and I get away, scot-free."
430
00:22:54,476 --> 00:22:57,196
You know, to me,
that's a really, really, really,
431
00:22:57,306 --> 00:22:59,516
wild theory.
432
00:22:59,619 --> 00:23:02,239
But, you can't eliminate
any theories,
433
00:23:02,346 --> 00:23:05,176
because, any of them,
434
00:23:05,280 --> 00:23:06,590
might be true.
435
00:23:06,695 --> 00:23:08,965
The day that he got shot,
436
00:23:09,077 --> 00:23:10,907
I could see the
handwriting on the wall,
437
00:23:11,010 --> 00:23:13,910
I knew, that,
the way it looked, was that,
438
00:23:14,013 --> 00:23:16,083
I had OK'd a hit.
439
00:23:17,982 --> 00:23:19,742
You know the facts,
440
00:23:19,846 --> 00:23:21,296
they had a meeting that morning.
441
00:23:21,400 --> 00:23:22,680
And the Sheriff was there.
442
00:23:22,780 --> 00:23:24,130
And the Sheriff leaves.
443
00:23:24,230 --> 00:23:25,850
And the discussion
of that meeting was,
444
00:23:25,956 --> 00:23:28,716
how to get rid of
Ken Rex McElroy.
445
00:23:31,444 --> 00:23:33,764
It's been asked,
why Sheriff Estes
446
00:23:33,860 --> 00:23:35,970
left that meeting,
447
00:23:36,069 --> 00:23:37,139
after he knew that
448
00:23:37,243 --> 00:23:38,623
Ken Rex was down the street,
449
00:23:38,727 --> 00:23:39,997
and people were
milling that way.
450
00:23:40,108 --> 00:23:43,208
I can't answer that.
I can't speak for Danny.
451
00:23:43,318 --> 00:23:45,388
Did he make a bad decision?
452
00:23:45,493 --> 00:23:47,183
I think, arguably, yes.
453
00:23:47,287 --> 00:23:50,327
I, probably, would have stayed.
454
00:23:51,809 --> 00:23:54,189
When they got word that
Ken Rex was in the pool hall,
455
00:23:54,294 --> 00:23:56,854
and they wanted to go down
and show force,
456
00:23:56,952 --> 00:24:00,092
Why would the Sheriff
leave town, then?
457
00:24:00,197 --> 00:24:02,887
We all assumed that, uh,
458
00:24:02,993 --> 00:24:05,443
the Sheriff would be there to
459
00:24:05,547 --> 00:24:07,097
keep the peace.
460
00:24:07,204 --> 00:24:08,724
I could see that,
461
00:24:08,826 --> 00:24:10,166
since I had been there,
462
00:24:10,276 --> 00:24:12,106
that the impression
would be that,
463
00:24:12,209 --> 00:24:13,939
I had OK'd a shooting.
464
00:24:14,038 --> 00:24:16,318
And I knew that there was
a civil rights violation.
465
00:24:16,420 --> 00:24:17,940
I knew the FBI was--
466
00:24:18,042 --> 00:24:19,492
was in the wings.
467
00:24:21,356 --> 00:24:22,976
I know they had a meeting,
468
00:24:23,082 --> 00:24:24,772
and there was
a lot of people there.
469
00:24:24,877 --> 00:24:27,847
Most I know about,
is what the woman told me.
470
00:24:32,919 --> 00:24:35,299
This woman I knew, back then,
471
00:24:35,404 --> 00:24:39,134
she was looking out a window,
472
00:24:39,236 --> 00:24:41,716
and saw the whole thing.
473
00:24:43,412 --> 00:24:45,042
And she saw
474
00:24:45,138 --> 00:24:46,728
Danny Estes,
475
00:24:46,830 --> 00:24:48,900
on the roof of the building,
across the street
476
00:24:49,004 --> 00:24:51,774
from where Ken
was sitting in the pick-up.
477
00:24:51,869 --> 00:24:55,079
She said he was
the first one that shot.
478
00:24:55,183 --> 00:24:57,153
If I was going to shoot
that son of a bitch,
479
00:24:57,254 --> 00:24:59,574
I would have gotten him,
pissing off the porch,
480
00:24:59,670 --> 00:25:01,430
about 7:00 in the morning.
481
00:25:01,534 --> 00:25:04,304
And I would have been a long,
long, long way away.
482
00:25:04,399 --> 00:25:06,089
And no one would have known it.
483
00:25:08,196 --> 00:25:09,916
The Department of Justice,
484
00:25:10,025 --> 00:25:13,615
impaneled a Federal grand jury,
this time.
485
00:25:13,719 --> 00:25:15,169
Federal grand juries
486
00:25:15,272 --> 00:25:17,762
are different than
state grand juries.
487
00:25:17,861 --> 00:25:21,171
They have more resources
at their disposal,
488
00:25:21,278 --> 00:25:22,758
and more power.
489
00:25:28,250 --> 00:25:30,740
The medical examiner's
autopsy report,
490
00:25:30,839 --> 00:25:34,219
concluded that McElroy
was shot in the head.
491
00:25:34,325 --> 00:25:36,015
That caused his death.
492
00:25:36,120 --> 00:25:38,680
Shot in the neck. There was
a gunshot wound, there.
493
00:25:38,778 --> 00:25:41,438
He was also shot
two more times, in the back.
494
00:25:41,540 --> 00:25:44,340
At least two shell casings
were found.
495
00:25:44,439 --> 00:25:46,129
One was a 22,
496
00:25:46,234 --> 00:25:50,004
The other was a higher caliber,
than the 22.
497
00:25:51,308 --> 00:25:53,208
Considering the number
of bullets
498
00:25:53,310 --> 00:25:55,480
that were fired into McElroy,
we can conclude that,
499
00:25:55,588 --> 00:25:58,278
there were more
than one shooter, of course.
500
00:26:00,420 --> 00:26:03,220
The FBI subpoenaed,
501
00:26:03,320 --> 00:26:06,570
almost every adult citizen
in the city of Skidmore.
502
00:26:06,668 --> 00:26:09,708
They were hauling Skidmore residents
down, right and left.
503
00:26:09,809 --> 00:26:11,289
Some of the stories were,
504
00:26:11,397 --> 00:26:13,327
that people were on
the verge of cracking,
505
00:26:13,433 --> 00:26:15,473
telling the FBI
what was going on, and then,
506
00:26:15,574 --> 00:26:19,064
they'd say, "Well,
I'd like to think about it."
507
00:26:19,163 --> 00:26:20,723
And, supposedly, they'd go home,
508
00:26:20,820 --> 00:26:22,410
and somebody in town would say,
509
00:26:22,511 --> 00:26:23,891
"Well, if you want to
live in Skidmore anymore,
510
00:26:23,996 --> 00:26:25,336
you keep your mouth shut."
511
00:26:25,445 --> 00:26:27,205
And the next morning,
they'd go to the FBI
512
00:26:27,309 --> 00:26:30,279
and they say to the FBI,
"I don't remember anything."
513
00:26:31,072 --> 00:26:33,142
The FBI was called in,
514
00:26:33,246 --> 00:26:36,316
and they worked, and they
worked, and they worked it.
515
00:26:37,354 --> 00:26:38,674
Which one shot him?
516
00:26:38,769 --> 00:26:42,189
Who, actually,
put the shell in him?
517
00:26:43,463 --> 00:26:45,363
You had to have
518
00:26:45,465 --> 00:26:47,325
exactly,
519
00:26:48,296 --> 00:26:50,126
there had to be no doubt.
520
00:26:51,161 --> 00:26:52,711
The FBI did subpoena people.
521
00:26:52,818 --> 00:26:54,818
They appeared before
the Federal grand jury,
522
00:26:54,923 --> 00:26:55,963
in Kansas City.
523
00:26:56,062 --> 00:26:57,512
I asked the people
524
00:26:57,616 --> 00:26:58,716
what they saw,
525
00:26:58,824 --> 00:27:00,344
when they looked to the right.
526
00:27:00,446 --> 00:27:02,516
And, they would tell me
what they saw.
527
00:27:02,621 --> 00:27:03,791
When I asked what they saw
528
00:27:03,898 --> 00:27:05,658
when they looked straight ahead,
529
00:27:05,762 --> 00:27:07,252
the response was,
by all of them,
530
00:27:07,349 --> 00:27:09,969
that Ken McElroy was
in his truck, with his wife.
531
00:27:10,076 --> 00:27:12,766
Still parked there,
and turned the engine on.
532
00:27:12,872 --> 00:27:14,492
Shots rang out,
533
00:27:14,598 --> 00:27:16,218
and McElroy was shot.
534
00:27:16,324 --> 00:27:19,094
I asked them what they saw
when they looked to the left.
535
00:27:19,189 --> 00:27:21,539
and virtually all of them said,
536
00:27:21,640 --> 00:27:23,120
"They never looked to the left."
537
00:27:23,227 --> 00:27:25,847
With the exception
of three individuals.
538
00:27:30,131 --> 00:27:32,411
They looked to the left,
and saw,
539
00:27:32,512 --> 00:27:34,102
purportedly, the shooter.
540
00:27:37,069 --> 00:27:39,729
An individual who lies
to a Federal grand jury,
541
00:27:39,830 --> 00:27:43,140
is potentially liable
for perjury.
542
00:27:44,007 --> 00:27:46,417
Remember, that grand juries are
543
00:27:46,526 --> 00:27:48,556
part of the judicial process.
544
00:27:48,667 --> 00:27:51,047
And, so,
when an individual lies,
545
00:27:51,152 --> 00:27:53,742
under oath,
in the appropriate forum,
546
00:27:53,844 --> 00:27:56,024
they can be prosecuted
for perjury.
547
00:27:56,122 --> 00:27:57,882
OK, so, let's get real clear.
548
00:27:57,986 --> 00:27:59,326
There's, uh--
549
00:27:59,436 --> 00:28:01,466
How many eye-witnesses there--
were there?
550
00:28:01,576 --> 00:28:03,296
Nobody has any idea.
551
00:28:03,405 --> 00:28:05,605
How many people
were on the street?
552
00:28:05,718 --> 00:28:07,378
Nobody has any idea.
553
00:28:07,478 --> 00:28:09,478
You can go back
to newspaper articles,
554
00:28:09,584 --> 00:28:12,834
and they start off at 30,
and they may end up at 90.
555
00:28:12,932 --> 00:28:14,872
So, the question becomes,
556
00:28:14,969 --> 00:28:17,249
and the question that is,
I believe,
557
00:28:17,350 --> 00:28:19,110
the crux of this case,
558
00:28:19,214 --> 00:28:22,464
is, how many eye-witnesses
do you have,
559
00:28:22,562 --> 00:28:24,152
that saw what happened?
560
00:28:25,980 --> 00:28:27,400
I think the FBI
561
00:28:27,498 --> 00:28:29,288
thought it was going
to be a cake-walk
562
00:28:29,397 --> 00:28:31,807
after the Northwest Missouri
Investigations Squad
563
00:28:31,917 --> 00:28:33,057
got done with it.
564
00:28:33,159 --> 00:28:35,129
They were going to just roll in,
565
00:28:35,230 --> 00:28:37,580
and start picking up
people off the street,
566
00:28:37,681 --> 00:28:38,791
and solve this.
567
00:28:38,889 --> 00:28:39,959
Federal officials today,
568
00:28:40,063 --> 00:28:41,723
ended their investigation
569
00:28:41,823 --> 00:28:45,593
into the vigilante-style
slaying of Ken Rex McElroy.
570
00:28:45,689 --> 00:28:46,999
At the conclusion,
571
00:28:47,104 --> 00:28:49,564
of the Federal grand jury,
572
00:28:49,658 --> 00:28:51,518
They did not indict anyone.
573
00:28:51,626 --> 00:28:53,206
I can't disclose
574
00:28:53,317 --> 00:28:55,797
exactly what the grand jury
proceedings were.
575
00:28:55,906 --> 00:28:57,836
I can't tell you
what they actually said
576
00:28:57,943 --> 00:28:59,883
to the grand jury.
I've given you an idea.
577
00:28:59,979 --> 00:29:03,219
But, at the conclusion of
the grand jury proceeding,
578
00:29:03,327 --> 00:29:05,087
we had insufficient evidence
579
00:29:05,191 --> 00:29:07,921
that would suggest
the Sheriff was involved.
580
00:29:08,022 --> 00:29:09,962
So, the state has
the obligation, then,
581
00:29:10,058 --> 00:29:11,718
to prosecute the case.
582
00:29:11,819 --> 00:29:14,789
They got affidavits
from three people.
583
00:29:14,891 --> 00:29:17,721
and those three people
came forward, and they said,
584
00:29:17,825 --> 00:29:19,545
"Yes, we know who shot him."
585
00:29:19,654 --> 00:29:20,764
They gave them the names,
586
00:29:20,862 --> 00:29:23,732
and that was sent to the county.
587
00:29:23,831 --> 00:29:27,011
I gave three names
to the local prosecutor,
588
00:29:27,938 --> 00:29:29,148
I released that information,
589
00:29:29,250 --> 00:29:31,080
not because they were involved
590
00:29:31,183 --> 00:29:32,843
in any crime, but rather,
591
00:29:32,943 --> 00:29:34,983
they stated what they saw.
592
00:29:35,083 --> 00:29:36,813
About 60 people
witnessed the shooting,
593
00:29:36,913 --> 00:29:38,503
but, none of them
would say who did it.
594
00:29:38,604 --> 00:29:41,644
A U.S. attorney said he does
have the name of a suspect,
595
00:29:41,745 --> 00:29:44,885
and that he's turning it over
to local authorities.
596
00:29:58,037 --> 00:29:59,587
I really don't think Skidmore
597
00:29:59,694 --> 00:30:01,564
is any different than
any other little town
598
00:30:01,661 --> 00:30:03,041
that I've lived around.
599
00:30:03,146 --> 00:30:05,006
Pretty complacent.
Not much happens.
600
00:30:05,113 --> 00:30:07,053
Sit around and
watch the grass grow,
601
00:30:07,150 --> 00:30:08,530
and the cars rust.
602
00:30:15,779 --> 00:30:18,849
But, this just hit me,
about three weeks ago.
603
00:30:18,955 --> 00:30:20,365
Somebody was crowing about,
604
00:30:20,473 --> 00:30:23,413
"God don't mess with us,
we're Skidmore."
605
00:30:25,030 --> 00:30:26,510
It just hit me.
606
00:30:28,067 --> 00:30:29,897
Just hit me.
607
00:30:31,795 --> 00:30:33,135
This guy,
608
00:30:33,245 --> 00:30:35,315
no matter how bad he was,
609
00:30:35,419 --> 00:30:36,769
or what,
610
00:30:36,869 --> 00:30:39,599
they had him outnumbered,
sixty to one.
611
00:30:40,700 --> 00:30:42,940
And they shot him in the back.
612
00:30:44,118 --> 00:30:45,738
I'm asked a lot of times,
613
00:30:45,844 --> 00:30:47,544
why can this be forty years ago,
614
00:30:47,638 --> 00:30:50,428
and nobody has
come forward with a name?
615
00:30:52,091 --> 00:30:55,721
People have come forward
with a name, since day one.
616
00:30:55,819 --> 00:30:59,579
How has this been kept quiet?
It hasn't been.
617
00:30:59,685 --> 00:31:02,335
They've hid it right there,
on Main Street.
618
00:31:07,210 --> 00:31:09,420
- No! I've got new
people to talk to. -Oh.
619
00:31:09,522 --> 00:31:11,522
You haven't come to see me,
for three or four days.
620
00:31:11,628 --> 00:31:12,658
I had nobody to talk to.
621
00:31:13,147 --> 00:31:14,007
I've got new people
622
00:31:14,113 --> 00:31:15,493
to tell my stories to.
623
00:31:16,978 --> 00:31:18,288
-No.
624
00:31:18,393 --> 00:31:21,123
- No, but they let me talk.
- Yeah?
625
00:31:21,224 --> 00:31:22,854
I wish there was a way,
626
00:31:22,950 --> 00:31:24,570
and me not get shot,
627
00:31:24,675 --> 00:31:27,705
that I could write a
true story, from McElroy,
628
00:31:27,816 --> 00:31:29,056
up to now.
629
00:31:29,163 --> 00:31:32,963
But, I know,
if I would open my mouth,
630
00:31:33,063 --> 00:31:35,313
It wouldn't be long,
that I'd be shot.
631
00:31:36,618 --> 00:31:38,518
I tell everybody,
the names were given.
632
00:31:38,620 --> 00:31:42,310
But, any time you have
that many people involved--
633
00:31:43,349 --> 00:31:46,559
They had a common goal,
a common cause,
634
00:31:46,663 --> 00:31:48,113
and a common reasoning.
635
00:31:49,321 --> 00:31:51,741
So, even if the names
are correct,
636
00:31:51,840 --> 00:31:53,600
it doesn't matter.
637
00:31:53,704 --> 00:31:55,154
Nobody would prosecute them,
638
00:31:55,258 --> 00:31:57,158
for what they've done.
639
00:31:58,364 --> 00:32:00,164
To my knowledge,
640
00:32:00,263 --> 00:32:03,163
the result of
the FBI investigation,
641
00:32:03,266 --> 00:32:05,746
was, that they
handed over a list
642
00:32:05,854 --> 00:32:07,134
of three names.
643
00:32:08,202 --> 00:32:10,582
Three people,
who were witnesses.
644
00:32:12,654 --> 00:32:15,044
But, murder is,
645
00:32:15,140 --> 00:32:17,310
prosecuted by
the state of Missouri.
646
00:32:18,350 --> 00:32:20,770
Pursue murder charges,
prove their case,
647
00:32:20,869 --> 00:32:22,249
get a guilty verdict,
648
00:32:22,354 --> 00:32:24,944
and that lies,
strictly and solely,
649
00:32:25,046 --> 00:32:27,806
with David Baird.
650
00:32:27,911 --> 00:32:30,331
As prosecutor,
I'm not supposed to take cases
651
00:32:30,431 --> 00:32:32,161
to trial,
to see what will happen.
652
00:32:32,260 --> 00:32:34,920
I'm only supposed
to take cases to trial,
653
00:32:35,022 --> 00:32:36,262
when I am convinced,
654
00:32:36,368 --> 00:32:37,988
that I can obtain a conviction,
655
00:32:38,094 --> 00:32:39,614
beyond a reasonable doubt.
656
00:32:39,716 --> 00:32:41,716
I don't know
how much information
657
00:32:41,821 --> 00:32:43,511
David Baird was given,
658
00:32:43,616 --> 00:32:45,616
But, names,
659
00:32:47,241 --> 00:32:48,691
evidence, that the FBI,
660
00:32:48,794 --> 00:32:52,214
either came up with,
or verified.
661
00:32:52,315 --> 00:32:56,245
I'm sure all that
was turned over to David Baird.
662
00:32:56,353 --> 00:32:59,743
You have the wife
of the party that was killed
663
00:32:59,839 --> 00:33:02,079
state, on the coroner's inquest,
664
00:33:02,187 --> 00:33:03,877
"Yes, I saw this
man point a gun,
665
00:33:03,982 --> 00:33:07,882
I saw him fire the gun,
and he killed my husband."
666
00:33:07,986 --> 00:33:10,326
In this particular case,
667
00:33:10,436 --> 00:33:14,096
given the level
of evidence that we had,
668
00:33:14,199 --> 00:33:16,129
it was my estimation,
669
00:33:16,235 --> 00:33:20,515
that we did not have sufficient
evidence to go to trial.
670
00:33:23,139 --> 00:33:24,759
If they knew,
671
00:33:24,864 --> 00:33:27,354
that there was enough evidence
to bring against someone,
672
00:33:27,453 --> 00:33:30,153
and Mr. Baird chose not to.
673
00:33:33,356 --> 00:33:35,316
He allowed the killers
to go free,
674
00:33:35,427 --> 00:33:38,217
if he was unwilling
to prosecute,
675
00:33:38,326 --> 00:33:40,666
who needed to be prosecuted.
676
00:33:42,951 --> 00:33:44,851
He's not going to go rushing
677
00:33:44,953 --> 00:33:46,753
arrest the people that may, uh,
678
00:33:46,852 --> 00:33:50,032
have did it, that you have
enough evidence to claim, did it,
679
00:33:50,131 --> 00:33:51,791
and have them sentenced,
680
00:33:51,891 --> 00:33:55,521
because you're going to have
a lynch mob, on your hands.
681
00:33:55,619 --> 00:33:57,519
You ask yourself,
a lot of times,
682
00:33:57,621 --> 00:33:59,761
is that just because
it's a small town,
683
00:33:59,865 --> 00:34:01,315
and it's a small county,
684
00:34:01,418 --> 00:34:03,588
and, is that just
how they do things?
685
00:34:03,696 --> 00:34:06,766
Everybody was really glad
to get rid of Ken Rex McElroy,
686
00:34:06,872 --> 00:34:10,152
so, yeah, I better
not meddle in this.
687
00:34:11,670 --> 00:34:14,400
They just want to charge
Skidmore, Missouri,
688
00:34:15,432 --> 00:34:17,402
as a whole, with a crime.
689
00:34:18,573 --> 00:34:21,753
Now, had they brought
those names to trial,
690
00:34:21,852 --> 00:34:23,652
they would never
have convicted them.
691
00:34:23,751 --> 00:34:27,171
They would have been ruled,
justifiable homicide.
692
00:34:29,619 --> 00:34:31,899
I think they would
have went to court,
693
00:34:32,000 --> 00:34:33,170
spent three days debating it.
694
00:34:33,278 --> 00:34:35,108
Had an O.J. Simpson trial,
695
00:34:35,211 --> 00:34:37,281
and then acquitted everybody.
696
00:34:37,385 --> 00:34:40,385
Justifiable homicide.
697
00:34:43,633 --> 00:34:46,153
Now, had they done
that 40 years ago,
698
00:34:46,256 --> 00:34:48,636
where would that
put our story today?
699
00:35:03,308 --> 00:35:04,828
By this time,
700
00:35:04,930 --> 00:35:08,420
the city of Skidmore, was tired.
701
00:35:09,831 --> 00:35:11,351
They were fatigued.
702
00:35:11,454 --> 00:35:13,254
All the reporters,
703
00:35:13,352 --> 00:35:16,462
with all the
law enforcement interviews,
704
00:35:16,562 --> 00:35:18,432
and the courtroom testimony,
705
00:35:18,530 --> 00:35:20,500
that they'd been asked to give.
706
00:35:22,672 --> 00:35:25,782
And now, pretty much,
everybody in Skidmore, thought,
707
00:35:25,882 --> 00:35:28,822
"This is the end of it,
it's finally over."
708
00:35:33,027 --> 00:35:34,297
But, then, almost three years
709
00:35:34,408 --> 00:35:36,758
after the murder of her husband,
710
00:35:36,858 --> 00:35:40,858
Trena McElroy files
a civil suit.
711
00:35:47,075 --> 00:35:49,035
It's her last chance
712
00:35:49,147 --> 00:35:50,867
to get justice
713
00:35:50,976 --> 00:35:52,176
for her dead husband.
714
00:35:52,288 --> 00:35:54,808
It's her last chance
715
00:35:54,911 --> 00:35:57,091
for somebody to stand up
716
00:35:57,189 --> 00:35:58,469
and admit responsibility
717
00:35:58,570 --> 00:36:01,300
for the death
of Ken Rex McElroy.
718
00:36:02,712 --> 00:36:05,162
She was still fighting for him,
719
00:36:05,266 --> 00:36:08,506
and his image as a man,
and a father.
720
00:36:10,858 --> 00:36:13,518
Yes, she was.
721
00:36:13,619 --> 00:36:18,039
The filings asked
for millions of dollars.
722
00:36:18,141 --> 00:36:19,871
The defendants named, were,
723
00:36:19,970 --> 00:36:21,900
Del Clement,
724
00:36:22,007 --> 00:36:25,217
Steve Peters, who was the
mayor of Skidmore, at the time,
725
00:36:25,321 --> 00:36:27,601
Danny Estes, who was the Sheriff
726
00:36:27,702 --> 00:36:29,462
of Nodaway County, at the time,
727
00:36:29,566 --> 00:36:33,496
and the city of Skidmore.
728
00:36:33,605 --> 00:36:35,875
You want
the whole town to go on trial?
729
00:36:35,986 --> 00:36:37,636
Yes.
730
00:36:37,747 --> 00:36:39,467
Yes, because,
I think the Sheriff
731
00:36:39,576 --> 00:36:41,476
helped them set it up.
732
00:36:41,578 --> 00:36:44,438
They was all there,
they seen what happened.
733
00:36:47,205 --> 00:36:49,825
It was the whole town.
734
00:36:59,355 --> 00:37:00,835
Now, the widow called me up.
735
00:37:00,942 --> 00:37:02,772
I said, "They're going
to Federal court."
736
00:37:02,875 --> 00:37:06,565
And, I think it's worth
some real money.
737
00:37:12,091 --> 00:37:13,891
- OK.
- Mm-hmm.
738
00:37:13,990 --> 00:37:15,270
I had a feeling,
739
00:37:15,371 --> 00:37:16,891
somebody was going to kill her.
740
00:37:16,993 --> 00:37:18,623
I had that feeling.
741
00:37:19,789 --> 00:37:21,239
Because,
742
00:37:21,342 --> 00:37:22,932
they probably would have.
743
00:37:23,033 --> 00:37:26,143
She said,
"They shot at my children."
744
00:37:26,244 --> 00:37:28,184
She said,
"My life is in danger."
745
00:37:28,280 --> 00:37:31,490
and, she said,
"I want you to dismiss it."
746
00:37:31,594 --> 00:37:33,634
She told me to drop the lawsuit.
747
00:37:35,391 --> 00:37:36,981
It never went to court.
748
00:37:37,082 --> 00:37:39,152
No testimonies were ever heard.
749
00:37:39,257 --> 00:37:41,497
No cross examination
ever occurred.
750
00:37:41,604 --> 00:37:44,164
Because it was settled
out of court
751
00:37:44,262 --> 00:37:46,782
for $17,000.
752
00:37:57,240 --> 00:37:59,310
She settled,
753
00:38:00,105 --> 00:38:02,345
and then, she moves away.
754
00:38:03,626 --> 00:38:05,896
And, that was the last
755
00:38:06,007 --> 00:38:08,977
that Skidmore ever saw
756
00:38:09,079 --> 00:38:11,499
of Trena McElroy
757
00:38:11,599 --> 00:38:13,949
or, really, any McElroy.
758
00:38:16,673 --> 00:38:18,713
The American judicial system
759
00:38:18,813 --> 00:38:21,853
failed in Skidmore, Missouri.
760
00:38:21,954 --> 00:38:23,444
It failed twice.
761
00:38:25,372 --> 00:38:27,622
As for Skidmore,
no one is talking,
762
00:38:27,719 --> 00:38:29,999
whether they have
anything to say, or not.
763
00:38:30,100 --> 00:38:33,520
They now feel secure,
but they are still uneasy,
764
00:38:33,621 --> 00:38:36,871
for among them, now,
there is a murderer.
765
00:38:36,969 --> 00:38:38,449
Second mark.
766
00:38:38,557 --> 00:38:40,147
- OK, here we go.
767
00:38:40,248 --> 00:38:42,388
- Second mark.
- OK.
768
00:38:42,492 --> 00:38:44,872
All clear.
769
00:38:44,977 --> 00:38:47,527
I know this is
a tough question to answer.
770
00:38:47,635 --> 00:38:50,425
Look, McElroy cast
a cloud over this town,
771
00:38:50,535 --> 00:38:52,115
there's no question.
772
00:38:52,226 --> 00:38:54,186
There was fear, here.
773
00:38:54,297 --> 00:38:56,607
But, aren't you, now concerned
774
00:38:56,713 --> 00:38:58,893
that, as bad as McElroy was,
775
00:38:58,991 --> 00:39:02,171
now that he's gone,
this town has
776
00:39:02,270 --> 00:39:03,480
a
777
00:39:03,582 --> 00:39:05,032
a dirty, little secret?
778
00:39:05,135 --> 00:39:06,645
And that, in its own way,
779
00:39:06,758 --> 00:39:09,138
will have as bad
an effect on the town,
780
00:39:09,243 --> 00:39:11,253
as McElroy did.
781
00:39:11,349 --> 00:39:14,009
- No.
- No.
782
00:39:17,009 --> 00:39:19,699
Everything we do
in life, every choice we make,
783
00:39:19,805 --> 00:39:21,635
there's a consequence for.
784
00:39:21,738 --> 00:39:24,258
The decisions and choices
that you made,
785
00:39:24,362 --> 00:39:27,402
You had to live with,
for the rest of your lives.
786
00:39:27,503 --> 00:39:29,133
If it destroyed the town,
787
00:39:29,228 --> 00:39:31,018
and it destroyed, you know,
other people's lives
788
00:39:31,127 --> 00:39:33,127
within that town,
because of the decisions
789
00:39:33,232 --> 00:39:34,512
those people made on that day.
790
00:39:34,613 --> 00:39:37,483
That's the burdens
you carry, for that.
791
00:39:38,410 --> 00:39:39,930
That wasn't the first...
792
00:39:40,032 --> 00:39:43,902
incident of violence,
in the community, but...
793
00:39:44,002 --> 00:39:46,662
Then, it seems like,
we had an outbreak.
794
00:39:47,971 --> 00:39:50,081
Was it murder? Yes.
795
00:39:51,319 --> 00:39:53,359
What did it do to the people?
796
00:39:53,460 --> 00:39:55,530
Changed them, forever.
797
00:39:56,773 --> 00:39:58,743
The people who
were involved in this,
798
00:39:58,844 --> 00:40:01,234
and the people
who covered it up,
799
00:40:01,329 --> 00:40:02,679
think they may have been doing
800
00:40:02,779 --> 00:40:04,329
a good thing for the community.
801
00:40:04,436 --> 00:40:07,026
They didn't realize,
I suspect, or they don't care,
802
00:40:07,128 --> 00:40:10,198
that their children are going to
be negatively affected by this,
803
00:40:10,304 --> 00:40:13,274
that the outside world
is negatively affected by this.
804
00:40:13,376 --> 00:40:14,996
It perpetuates itself.
805
00:40:15,102 --> 00:40:17,832
When's the next type
of situation going to occur?
806
00:40:17,932 --> 00:40:20,732
When the community
turns on an individual.
807
00:40:20,832 --> 00:40:23,182
I mean, that's a real danger.
808
00:40:23,282 --> 00:40:25,942
If you have young people,
809
00:40:26,044 --> 00:40:28,364
who are aware of that...
810
00:40:28,460 --> 00:40:30,010
Where does it leave them?
811
00:40:31,532 --> 00:40:35,052
I do think that
town holds, kind of, a curse.
812
00:40:35,156 --> 00:40:38,536
Basically, it's a death
for anybody that's there.
813
00:40:41,680 --> 00:40:44,610
A part of
the town died that day.
814
00:40:44,718 --> 00:40:46,718
I think I counted nine
815
00:40:46,823 --> 00:40:50,623
mysterious, horrible,
or strange deaths,
816
00:40:50,724 --> 00:40:54,214
that has happened,
since Ken Rex died.
817
00:40:56,074 --> 00:40:58,424
Benny,
went to his ex-wife's yard,
818
00:40:58,525 --> 00:40:59,795
and hung himself.
819
00:40:59,905 --> 00:41:02,105
Wally McGinnis's son,
820
00:41:02,218 --> 00:41:04,288
was hanging in a garage.
821
00:41:04,392 --> 00:41:07,092
And Wendy, getting murdered
by her boyfriend,
822
00:41:07,188 --> 00:41:08,668
her jealous boyfriend.
823
00:41:08,776 --> 00:41:11,496
He'd been abusing
her for a long time.
824
00:41:13,919 --> 00:41:16,159
Branson Perry comes up missing.
825
00:41:16,266 --> 00:41:18,096
Yeah, it looked like
you could say,
826
00:41:18,199 --> 00:41:20,169
all these things are
all related,
827
00:41:20,270 --> 00:41:23,930
because Skidmore has got
some evil people in it.
828
00:41:24,033 --> 00:41:27,073
Well, that's all B.S., too.
829
00:41:27,174 --> 00:41:29,634
No. People think that.
830
00:41:29,728 --> 00:41:32,038
And there's nothing
dangerous about Skidmore,
831
00:41:32,144 --> 00:41:34,634
but, per capita,
the violent deaths,
832
00:41:34,733 --> 00:41:37,323
in and around Skidmore,
are pretty high.
833
00:41:37,425 --> 00:41:39,185
This is the third member
of this family
834
00:41:39,289 --> 00:41:41,949
to be murdered
in the last four years.
835
00:41:42,051 --> 00:41:44,571
Bobbie Jo Stinnet
was strangled on Thursday,
836
00:41:44,674 --> 00:41:46,374
her body mutilated,
837
00:41:46,469 --> 00:41:49,469
and prosecutors explain
they're proceeding cautiously.
838
00:41:49,576 --> 00:41:52,026
You took down one man.
839
00:41:55,098 --> 00:41:56,508
And you acted like you did
840
00:41:56,617 --> 00:41:59,207
some humongous, great thing.
841
00:42:00,725 --> 00:42:03,965
And in that, it brought hate.
842
00:42:04,073 --> 00:42:05,563
You're still OK
with what you did,
843
00:42:05,661 --> 00:42:07,041
you're still keeping a secret,
844
00:42:07,145 --> 00:42:09,595
but, you're paying
with your soul.
845
00:42:12,253 --> 00:42:14,643
Is Skidmore paying the price
846
00:42:14,739 --> 00:42:18,329
for killing Ken Rex McElroy?
847
00:42:18,432 --> 00:42:21,302
Whether I believe
it's a curse, or not...
848
00:42:23,230 --> 00:42:25,780
Apparently, they are,
aren't they?
61838
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