00:00:03
[music] J County 911. Where is your emergency? >> Um, we are on 125 West North. We came
00:00:26
upon an individual that is on the bridge like laying here injured. >> You said he's injured and needs an
00:00:33
ambulance. >> Yeah, he definitely needs an ambulance. >> Alert, but he's not like he's not coherent.
00:00:42
He's not responding. I don't know if it's drugs. I don't know if he's injured. >> I was working a 5:00 p.m. to 5:00 a.m.
00:00:51
shift. It was mid January in northeast Indiana. It's cold. It's windy. We've had some rains for several days, so we
00:00:58
had a lot of flooding in the area. The only thing that dispatch put out was that there was a man down in the
00:01:03
roadway. >> So, you had no idea what you were getting? >> I had no idea what I was coming on.
00:01:09
>> When I first got to the scene here that night, this is kind of how I approach
00:01:13
it. >> This almost sort of seems like a road to nowhere, really. >> Yeah, there's there's really nowhere
00:01:20
else to go. And so what can you see? >> So at 2:00 in the morning, you see absolutely nothing.
00:01:31
>> There was a vehicle that was pulled up off the side of the road, which was the
00:01:34
people that had found him. And then as I came up onto the bridge, he was laying right around here.
00:01:45
What are you doing out here in the cold? We were able to remove his wallet out of
00:01:49
his pocket. And then I see the name on the ID, which was Shay Brier. Brian, what happened to you?
00:01:56
>> The only thing I'm really getting out of him as far as a response is just moans
00:01:59
and groans. >> There was a little bit of blood underneath his head, but he' been, you
00:02:04
know, hitting his head on the concrete. >> It was probably another 10, 15 minutes
00:02:07
after I got on scene before medics even arrived. They took him straight to the ambulance.
00:02:13
>> What happens with Sheay after that? >> He's immediately transported by ambulance
00:02:19
to Adam's Memorial Hospital. It was at the hospital where they ended up finding the bullet wound in his back. There was
00:02:27
no exit wound. It was actually in his heart. He passed away. I got a phone call from our sheriff who
00:02:36
said, you know, we had a murderer. My name's Wes Shemanau. I'm the elected [music] prosecutor in Jay County. The
00:02:43
first thing you do is you start talking to family, those close [music] to him. Who is this person?
00:02:48
>> He was one of a kind. He was the best brother I could ever have. He was fun, very sweet, very caring,
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>> funloving, and goofy. >> He was a good kid. He had a kind [music] heart. >> Everybody that we talked to, we asked if
00:03:07
they would have any idea of who would want Sheay dead. >> Sheay didn't have enemies.
00:03:16
We talked to his co-workers, probably six or seven of them, and not a single one of them could think of anyone that
00:03:23
would want to do him any harm at all. >> You start investigating and you end up arresting not one person, not two
00:03:31
people, but three people. Is that how you expected this to go? >> No, not at all. The three individuals
00:03:38
that were involved, >> that would [music] have been the last thing on our mind. Normally when you have a case like this,
00:03:45
[music] they've at least been on the radar. And these individuals were not on the radar at all.
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>> Did you think when this goes public, this town's going to be shocked? >> Absolutely. [music]
00:04:18
>> [music] [music] >> On Sunday, January 12th, 2020, [music] when 31-year-old Shea Brier didn't show
00:04:52
up for church, Pastor Angela Smiley knew something was wrong. She had just seen him the night before. We served a a
00:05:01
noodle dinner. He's there walking the old ladies out. We were last ones in the church. He said, "I'll beat you here in
00:05:07
the morning." I'm like, "You always do." And when I came up over the hill and didn't see his truck, I'm like, "This
00:05:14
isn't good." For weeks and weeks and months and months, he was always the first one at the church. Always. She
00:05:21
Brier was not late. >> In J County, Indiana, word travels fast. It wasn't long before Shea's aunt,
00:05:28
[music] Tiffany McGlaughlin, and his grandmother, Sharon Taylor, heard Sheay was missing. I started calling the
00:05:36
hospitals, the sheriff's departments, everybody, and nobody would give me any information. Nobody.
00:05:44
>> But then Shea's roommate called Tiffany, letting her know police were there. When
00:05:49
Tiffany arrived at Sha's home, an officer told her the unthinkable. >> He said [music] that Sheay had been
00:05:56
shot. And I said, "Well, was he okay?" And he said, "No, he died on the operating table.
00:06:09
>> She's mother, Tracy Havl, was living all the way in Hawaii at the time. Her sister and mother called her to deliver
00:06:17
the news. >> I'm like, "No." I mean, I think I must have screamed so loud. We're in shock.
00:06:24
>> Sydney Havl, Sha's halfsister, was only 17. I remember my mom just fell over on
00:06:33
the couch basically like crying and screaming. I still can't believe it to this day. It doesn't even seem real
00:06:41
>> at that point. Did anyone have any idea what happened to Shay? >> No, we had no idea what happened to
00:06:46
Shay. >> Ben Schwarz was one of the lead detectives assigned to the case. >> Jay County is a very rural farming
00:06:54
community. It's certainly not like working in a big city where it's backtoback calls. And as soon as this
00:07:00
happened, it was a pretty big deal. It's isolated where he was found. We wondered
00:07:05
how he got there. And we just had to start from ground zero. Ground zero meant digging into who Sha
00:07:12
Brier was and what he had been up to. He was born in Indiana, but was raised in Hawaii by his mom and stepdad.
00:07:22
>> What sort of kid was Shay? >> A little rascal. He was very polite. He would open doors.
00:07:29
He was fun. He loved [music] his G.I. Joes. He always wanted to be in the military from a really small age.
00:07:36
>> So, it was no surprise when after high school, Sheay joined the Navy. And it was also no surprise when after he was
00:07:44
discharged, he returned to live in Jay County. >> Sheay was always an Indiana boy. He
00:07:50
loved the tractors. He loved all the land. And that's where he wanted to put down roots.
00:07:57
>> He really wanted to have a girlfriend, get married, and have a family. >> But things didn't quite happen in that
00:08:05
order. In 2018, Tracy got a phone call from her son. >> He's like, "Hey, mom. Guess what? You're
00:08:11
going to be a grandma." I was like, "What? I didn't even know you had a girlfriend."
00:08:16
The future mother of his child was Esther Jane Steven, a local high school softball coach who also ran a daycare
00:08:24
and went by the name EJ. [music] I don't think they were boyfriend and girlfriend, you know, I think it was
00:08:30
just one of those [music] things. >> In January 2019, Sheay and EJ's daughter was born. It was only after her birth
00:08:39
that the two decided to start dating. They soon were engaged, [music] but Shea's family felt it was forced.
00:08:47
They weren't all loveydovey for, you know, the lack of a better word. >> I tried to tell him, [music] "Is this
00:08:55
how you want to live your life with someone that's really not who you're meant to be with?"
00:09:01
>> You felt that? >> Oh, definitely. Because they did not have a connection. They must have sensed something because
00:09:08
in September 2019, just weeks before the wedding, EJ called it off. >> Was he disappointed?
00:09:17
>> Yes, because he wanted a family. >> It was around that time that Angela says Sheay began coming to church.
00:09:26
>> He needed God and he needed a friend. He started hanging out with men in our church that were active fathers and he
00:09:34
wanted that for his daughter. But Angela and Shea's family say for reasons unbeknownst to them, EJ made it
00:09:42
difficult. After the engagement is broken up, what sort of access does Sheay have to his daughter?
00:09:48
>> He doesn't. >> None. >> He went quite a long time without seeing her >> and he was trying to see her and
00:09:55
>> that's why he finally got a lawyer. Sheay told his mother that when EJ found out, she wasn't happy. [music]
00:10:02
>> He told me, she said to him, "If you go through with this, you'll be sorry." >> But that didn't stop Sheay. In November
00:10:10
2019, he filed this court document seeking to establish paternity and to provide custody, support, and parenting
00:10:19
time. >> He wanted to provide for her, and he just really wanted to have some visitation. He also wanted his daughter
00:10:27
to have his last name, something [music] EJ had decided against. Why was it important for Sheay to be in his
00:10:33
daughter's life? Sheay really did not know his dad. He just did not want to be his biological dad. He wanted to have a
00:10:42
good relationship with his kids and be a good role model. But two months later, before the case
00:10:50
made its way to court, Sheay was murdered. And Tracy and Tiffany suspected EJ [music] may have had
00:10:57
something to do with it >> cuz there wasn't anyone else. But as it turns out, there would be other
00:11:03
suspects. [music] Less than 24 hours after Shea Brier died, Detective Ben Schwarz and his partner
00:11:30
called EJ Steven, Shea's ex fiance and the mother of his child into the sheriff's office.
00:11:39
>> We talked to her and told her about what happened to Sheay. Unfortunately, this
00:11:44
morning we were called out because Shay had sustained some injuries were life-threatening injuries and he did not
00:11:52
make it. >> She really didn't have a whole lot to say. >> Did you find her reaction curious?
00:12:00
>> Yeah, I would have expected a little bit of emotion out of her. Uh but that didn't happen and I would have expected
00:12:07
a lot more questions, but she really didn't ask too many questions at all. And Detective Schwarz says that wasn't
00:12:16
the only thing that stuck out. >> She said that the last time she talked to Shay would have been the week prior.
00:12:23
>> But he knew she was lying. Sha's phone records revealed she was the last person
00:12:28
to call him at around midnight, within hours of him being found on that bridge. >> That was a huge red flag.
00:12:40
a red flag, but not proof she committed murder. Detectives chose not to confront
00:12:46
her about the phone records that day. >> I'll give you my card and uh if there's
00:12:50
something you hear that you might think spark our interest, give us a call. >> There was still a lot of work to be
00:13:02
done, a lot of questions to be answered. And the next day, a call from this woman
00:13:08
would help investigators out. >> She unloaded and told us a lot of interesting stuff.
00:13:15
>> Christy Cybre has known EJ Steven for years. She used to umpire softball games
00:13:22
that EJ played in and took her kids to the daycare that EJ ran out of this church. How would you describe her?
00:13:30
>> Very quiet, great with kids. She's very involved in the community activities.
00:13:34
>> Over the years, Christy says she became a mentor of sorts to EJ. >> She always would just stop by here and
00:13:42
there, say hi, or just stop in if something was bothering her. >> Christy had never met Sheay Brier, but
00:13:48
she knew he was the father of EJ's daughter. And when she learned he was murdered, she started to panic.
00:13:56
>> I just dropped everything and I just started scream. I was like, "Oh my god, oh my god." And then I contacted a
00:14:02
friend that was still in the city police department and I said, "I need to talk.
00:14:06
Pick me up now at work." >> Christy, a former police officer, soon found herself inside a J County
00:14:14
Sheriff's Office interview room. >> Start at the beginning and share with us what you uh want to get off your chest.
00:14:21
>> She began by telling Detective Schwarz and his partner that she received a call
00:14:25
from EJ a few days prior to Sha's death. She said EJ asked her to babysit that weekend, something she had never asked
00:14:34
her to do before. >> And I'm like, "Yeah, not a problem." So, all day Saturday, I'm like, "Okay, what
00:14:40
time am I getting her?" I had not heard anything. We were like getting down for the night. About 10:00, 10:30. Here she
00:14:48
comes with a child. [music] It was Saturday, January 11th, 2020, just hours before Sheay was found
00:14:57
shot. She goes, "Okay, I'll be back in a little bit." And I'm like, "Okay, what are you doing?" And she goes, "Oh, we're
00:15:02
just just going out." She came in by herself. >> Christy says EJ didn't return until
00:15:08
around 1:00 a.m. >> I had heard her open the back door, so I got up and I met her there and I said,
00:15:13
"EJ, what were you doing?" She was nothing. And she was real standoffish. I said,
00:15:20
"Come on, EJ. What were you doing?" And she goes, "I can't tell you, but I'm sure you'll hear about it in the paper
00:15:26
in the next couple days. and she left. >> You must have been thinking about that
00:15:30
all night. >> Yes. >> But that was just the beginning of what Christy told police. She said that in
00:15:38
the months leading up to Sha's murder, EJ came over a lot. And she wasn't alone.
00:15:44
>> Shelby was always in the car with EJ. >> Shelby is Shelby Heston. She was 18 years old. EJ was 29 and used to be her
00:15:54
high school softball coach. After Shelby graduated, she became EJ's assistant coach at another nearby high school.
00:16:03
[screaming] >> Just over the border in Fort Recovery, Ohio, Shelby also worked at the daycare
00:16:11
with EJ. >> Did you think it was odd that Here's EJ hanging out with Shelby? >> Mhm.
00:16:17
>> There's a good 10 years between the two. >> I think everybody thought it was odd.
00:16:21
>> From what I have been told, they were pretty well inseparable. Detectives had
00:16:26
heard Shelby's name before. Shay's family had mentioned her. >> Shelby was always around in the picture.
00:16:34
I think there was some major jealousy between Shelby and Shay. You know, he never come out and said it, but he kind
00:16:40
of insinuated things. >> What did he insinuate? >> He thought maybe there was something
00:16:45
more going on, >> more than a friendship, >> possibly. >> And Sheay wasn't the only one who
00:16:51
suspected something. I just assumed that maybe they were a couple. >> EJ and Shelby would later deny being
00:16:59
anything more than friends. Christy told investigators that the two began stopping by shortly after she filed that
00:17:06
court document to establish paternity. >> Shelby pretty much stayed with the child
00:17:12
and EJ would sit with me at the kitchen table >> and she said EJ wanted advice. >> She just asked me what do I do cuz I
00:17:19
have been divorced. She didn't want to share the baby. That was her baby. that was her child. Some of the conversations
00:17:25
at the table would be, "How can we get rid of him so we don't have to go to court?" And I'm like, "How do you get
00:17:31
rid of him? You're not going to get rid of him." >> Christy insists she didn't think
00:17:35
anything at the time. >> Anybody who goes through a breakup, don't think they didn't say, "Oh, I wish
00:17:40
he was gone." Oh, I wish he was dead. But do we act on it? And that's what I'm thinking. I've been divorced twice. I'll
00:17:46
tell you, I probably said it. And Christy says she had that same mindset when over [snorts] time the
00:17:53
conversations grew more detailed and various methods were discussed. >> I just really thought she was venting. I
00:17:59
did not think this was for real. >> But when Christy heard Sha was murdered, she says she immediately viewed all
00:18:06
those conversations in a different light. >> At that point, do you think EJ is involved in this somehow?
00:18:14
>> Yes. and she knew she had to go to police. >> I didn't even think about it as a police
00:18:21
officer standpoint. I felt like I failed because how did I miss this? How did I miss these signs? I could have
00:18:29
prevented this and I didn't cuz I didn't think she could. And this was your opportunity to do something.
00:18:36
>> Yeah. >> Sorry. It was just kind of unbelievable. >> After Christy was done talking,
00:18:47
Detective Schwarz says there was one thing on his mind. >> We've got to get EJ back in here.
00:18:53
>> So, you say, "Come on in, EJ." >> Yep. We just want to know the truth and what happened to Shay.
00:19:15
On January 14th, 2020, just 2 days after Sha Brier was murdered, EJ Steven was back inside the Jay County Sheriff's
00:19:25
Office. Detective Ben Schwarz and his partner first confronted her about those phone records, which revealed she called
00:19:33
Shay shortly before he died. Something she had previously been dishonest about. >> Midnight you called his phone. We just
00:19:41
kind of wonder how that conversation went. >> I did not talk to him. I didn't recall.
00:19:44
I but him. >> She said that she butt dialed Shay. >> Did you believe her? >> No. We kind of pressed her on that a
00:19:54
little bit and then finally she said, "Okay, yeah, we talked, but it wasn't for very long."
00:19:59
>> EJ insisted she didn't see Shay that night, but detectives didn't believe her.
00:20:06
>> You know, a hell of a lot more than you're telling us and we will find out. >> And soon they told her her friend Shelby
00:20:12
Heend was also being questioned. >> This is not a game. >> Her demeanor kind of changed a little
00:20:20
bit and it was a turning point. my friend. >> In a cool and calm tone, EJ cracked and
00:20:28
began to tell detectives what happened that night. Starting with how she dropped her daughter off at Christiey's
00:20:34
Cybers. She told them Shelby was in the car waiting. From there, we retraced their steps based on EJ's account.
00:20:45
>> How does she tell you the night unfolds? >> From there, they came to the church. At
00:20:50
the time it was a daycare also. >> It was the daycare where EJ and Shelby worked. EJ said they had to move
00:20:58
furniture before church the next day and that another friend, 18-year-old Hannah
00:21:04
Kapki, met them there. Hannah also sometimes worked at the daycare and EJ used to coach [music] her in softball,
00:21:12
too. >> So, this is the daycare. >> What do they do here after they move that furniture? After they moved the
00:21:20
furniture, they were planning on how to get rid of Shay basically. Joking about like it wasn't a full
00:21:31
serious conversation. >> She said earlier that day she had picked Shelby's rifle up from Shelby's house
00:21:39
and that while in the daycare parking lot, Shelby got the gun out and fired a round.
00:21:47
how bad it was. >> According to EJ, after Shelby fired that shot, all three of them got into
00:21:54
Hannah's parents' van with a rifle in the back. >> So, where did they go from the daycare?
00:22:02
>> From the daycare, they drove around still discussing whether or not they should follow through with killing Shay.
00:22:10
And somewhere along the line, the EJ called Shay. We asked him, "You want to come for a ride with us?" And he came.
00:22:18
>> After they picked Shay up with Shelby driving, EJ said they headed to that bridge.
00:22:25
>> So, about what time do they get out here? >> I think it's right around 1:00 in the
00:22:30
morning. They stop the van right over here. EJ and Shay get out of the van. The next thing I know
00:22:42
>> what happened. EJ, we're right there. We are right here. >> Finish it. >> I'm trying to remember.
00:22:48
>> You shot him. Did Shelby shoot him? >> There was [music] no tears or any remorse that I saw.
00:22:57
>> She's talking about the father of her child being shot in the back next to her,
00:23:02
>> right? Yeah. It was shocking. EJ told detectives she didn't know Shelby was going to shoot Sheay despite
00:23:11
conversations they had had earlier. >> You or her >> a hammer like we talked about beating
00:23:17
her I mean talked about it and then >> it was just like >> okay let's just do it.
00:23:23
>> Yeah jokingly obviously and then >> the joke end. >> But detectives believe EJ [music]
00:23:32
knew exactly what was going to happen that night. They believe she coldheartedly planned it [music] and
00:23:38
that the cruelty continued after Sheay was shot because when police located Sheay, his cell phone was nowhere to be
00:23:46
found. >> Where's his cell phone at? >> Okay. Is Shelby going to tell us the same thing that she doesn't know where
00:23:54
the phone is because the phone is somewhere. >> Did you throw in the river? >> Who threw it? Who threw it in the river?
00:24:02
You did? EJ said that after they began driving away from the bridge that night, they
00:24:09
turned around. >> They drive right past them through here and they stop right there where my car
00:24:15
is sitting and that EJ and [music] and Shelby get out. >> You scared that he could call 911?
00:24:27
>> Yeah. >> Okay. >> EJ said she knew Sheay was still alive. He would >> [music]
00:24:32
>> lay on that bridge helpless for about an hour before he was found [music] clinging to life.
00:24:40
>> You are under arrest for the murder of of Sha Brier. >> EJ Steven was arrested and charged with
00:24:46
murder. Down the hall, only after being confronted with what EJ told police, Shelby Hasted admitted pulling the
00:24:56
trigger. >> I wasn't going to do anything. I really wasn't. Honestly, I feel like I just
00:25:02
blacked out and it just happened. >> Shelby was arrested and charged with murder. Later that day, detectives flew
00:25:12
to Iowa where Hannah Kapki had returned to college. She too eventually admitted involvement.
00:25:19
>> I didn't want to be there at all. I don't even know him. [gasps] I I couldn't even tell you his first name.
00:25:28
Hannah told detectives [music] she didn't know what she was getting into when she met up with EJ and Shelby
00:25:33
that night, but that the conversation took [music] a turn. >> Okay. >> They talked about shooting him.
00:25:40
>> At what point was a decision made to take your >> um basically they didn't want to take
00:25:48
UJ's because it was too suspicious. I was scared to tell them no. I >> I was just nervous.
00:25:58
>> Hannah was also later booked on a murder [music] charge. The case soon hit the
00:26:04
news. >> A third person [music] has been arrested in the fatal shooting of a 31-year-old
00:26:09
Jake County man. >> And even though Sha's family had suspected EJ's involvement, they were
00:26:15
horrified to learn the details. to find out that there were two [music] other people that were involved. It was
00:26:21
like what? >> It was shocking. I think it really did shock the community. >> But despite those three taped
00:26:28
interrogations, the case was far from over because EJ, [music] Shelby, and Hannah would all
00:26:36
plead not guilty. And it would be up to prosecutors to secure convictions. Starting with EJ, I felt like going into
00:26:45
it that it was, okay, she, you know, she's guilty. She's going to be found guilty. And then I'm like, wait a
00:26:52
second. What's happening here? I was scared. >> [music] >> In March 2021, EJ Steven was first to go
00:27:12
on trial for Sha Brier's murder. [music] Wes Shemanau and Zack Landers prosecuted
00:27:19
the case. >> It was intense. It was standing room only most days. We had lots of
00:27:24
interested folks just wanting to come and see what was going on. Sha's mom, Tracy, traveled from Hawaii
00:27:32
to attend. >> That was my first time really ever being in a courthouse. >> It was also her first time hearing and
00:27:41
seeing much of the evidence, including that dash cam video. >> It was horrible. It was just this long
00:27:49
car ride. I think I had bruises on my legs cuz I just was squeezing my legs so bad. And then when he pulls up there to
00:27:55
the bridge, I could hear him. >> Ryan, what happened to you? >> I would love to been there and hold his
00:28:03
hand, you know? I I wish. >> Even though EJ didn't pull the trigger, prosecutors sought to convince a jury
00:28:18
that she orchestrated Shea's murder. >> This was all for her benefit. I think she saw this as a way to eliminate a
00:28:26
problem in her life. >> They told the jury about that court petition she filed and they argued it
00:28:32
infuriated EJ so much so that she and her friend Shelby Hston devised a plan to kill him. They pointed to EJ's own
00:28:41
words. The jury heard her interrogation in full. >> Why did Shelby shoot him? We talk about
00:28:48
it in a joking manner like this. She was gone. >> She didn't want Shay involved in her
00:28:54
life or in her daughter's life. >> The prosecution's star witness was Christy Cybre. She testified about those
00:29:03
visits she said EJ and Shelby made to her house. One discussion she said was particularly alarming in hindsight.
00:29:12
>> I go, "You couldn't shoot somebody." I think that's what I said to EJ. And Shelby goes, "I could." And Christy
00:29:17
testified about another conversation that she had also shared with police. >> They did talk about how they one time
00:29:25
did put pills in his tea and tried to OD him. I crushed up ibuprofen, I believe.
00:29:32
And he did drink the whole glass, but nothing happened to him. >> Did you say to her, "What are you
00:29:36
doing?" >> I'm like, "Are you serious?" I didn't even believe her because I just could
00:29:40
not see her doing that. Prosecutors argued Christiey's testimony was proof of planning.
00:29:47
>> They've discussed it. They've even maybe tried to kill him before. This wasn't
00:29:52
just a thing that happened on a whim without, you know, EJ's knowledge. >> But the defense countered that
00:30:01
prosecutors had it all wrong and put EJ on the stand. She declined our request for an interview and her trial attorney
00:30:09
has since died. What did she tell the jury that >> she was essentially shocked and
00:30:16
surprised that Shelby did this, that all of this talking and planning had been done as a joke.
00:30:23
>> As for those pills in Sha's drink, EJ testified that it was Shelby's idea and
00:30:29
that she only went along with it because she thought it was an innocent chemistry
00:30:34
experiment. The defense placed all the blame on Shelby and alleged that unbeknownst to
00:30:42
EJ, Shelby wanted the baby and EJ all to herself and that Sheay was in the way. Shelby had told detectives how much she
00:30:52
disliked him. >> I didn't want her to be with him at all. I was like, that little girl will be
00:30:58
just fine without him. The defense claimed EJ had no reason to want Sheay dead and said that EJ and Sheay were
00:31:06
talking about getting back together that night on the bridge. Prosecutors rejected that. She's the one who went
00:31:13
and got the gun from Shelby's house. They took the gun with them to the church. They test fired the gun at the
00:31:21
church. To me, you can say you thought it was a joke all you want. In my view of it, the minute you take that gun out
00:31:29
and you fire it to see how loud it's going to be, that's like, okay, now this is real, right?
00:31:34
>> But EJ offered an explanation. She said Shelby would often go hunting, so she
00:31:40
didn't think anything of it when Shelby fired that round in the church parking lot. But what about what EJ did after
00:31:47
the murder? EJ retrieved this guy's cell phone and threw it in the creek for the
00:31:54
sole purpose of him not being able to call for help. >> Remember, she admitted that to police.
00:32:01
>> You scared that he could call 911? >> Yeah. >> His only lifeline was that cell phone
00:32:06
possibly. Who knows whether he could have had the wherewithal to call for help at that point. And you left him
00:32:13
there to die in the cold. But on the stand, EJ said she only threw Shea's phone in a moment of frustration after
00:32:20
being unable to unlock it to call 911. She told the jury her own phone was dead.
00:32:29
It's just nonsense. There were two other girls with her. You're not going to convince me that their phones were dead.
00:32:34
You're not really going to be able to convince me that Esther's phone was dead either. And on top of that, they passed
00:32:40
so many different places that were open that they could have stopped in and called for help.
00:32:45
>> As the defense wound down, EJ's attorney maintained EJ had no idea Shelby planned
00:32:52
to shoot Sheay and drew the jury's attention to where EJ told police she was standing at the time.
00:32:59
>> You were standing there face to face with him. The defense argued if EJ knew Shelby was
00:33:05
going to shoot Sheay, why would she put herself in the line of fire. Sheay's family worried jurors would be swayed by
00:33:13
EJ's testimony. >> I thought we were going into this and it's a no-brainer. I mean, she did it.
00:33:20
She's going to be found guilty. And yeah, I mean, it was scary. >> The trial spanned three days and then
00:33:28
the case went to the jury. Nerve-wracking is a understatement. We were in the office Monday morning
00:33:34
quarterbacking ourselves, you know, like you always do. >> One hour of deliberations passed, then
00:33:41
two. >> The longer the jury is out, the more of that second guessing comes into play.
00:33:46
>> Then they received a call. A verdict was in. >> The heart rate goes up to about a
00:33:54
million. The palms start sweating. You're just on pins and needles. We were all three holding hands and just holding
00:34:01
our breath to see what was going to happen. As a prosecutor, you grow close to these
00:34:20
people. You [music] see just the unbelievable amount of suffering that they're going through as a family. and
00:34:26
you want to do your best for them. [music] You want to get them justice for Sheay.
00:34:32
>> After nearly 2 and 1/2 hours of deliberations, Sha's [music] family finally heard the word they were waiting
00:34:39
for. Guilty. >> What is that feeling like? [music] Like a big relief. >> That that much is over.
00:34:54
EJ Steven was later sentenced to 55 years in [music] prison, the recommended sentence for murder in Indiana. Sha's
00:35:02
pastor, Angela Smiley, was there when the sentence was handed down. >> You would think that you would see some
00:35:10
kind of repentance. I don't see it at all. [music] Nothing. 3 months after that, in August 2021,
00:35:20
Shelby Hston went on trial. She's mom, Tracy, was in court again, sitting through all the evidence for a second
00:35:29
time, including that dash cam video. >> Tracy sat right there and watched it again
00:35:38
>> and didn't [clears throat] cry. She said she didn't want them to have the satisfaction
00:35:44
that they had hurt her so badly. >> You were really thinking that? >> Yeah. I was No, they're not going to I'm
00:35:51
not let my head hang. I'm [music] holding it up as high as I can. This is for Shay. It was hard. But
00:36:01
>> this is the boy you gave birth to. >> Yeah. [snorts] It just makes me [laughter]
00:36:08
[gasps] So, may I [laughter] didn't do anything wrong. At Shelby's trial, the defense called no
00:36:24
witnesses, but argued Shea's death was unintentional. Shelby, her parents, and her attorney chose not to speak with us.
00:36:34
>> Her defense was more of a it was a mistake. it was an accident that her intent to kill wasn't there.
00:36:41
>> How did they go about trying to prove that? >> Well, if if you look at what she said in
00:36:47
her interview, they they tried to keep pointing to this I blacked out type of language.
00:36:53
>> Honestly, I feel like it just blacked out and it just happened. They tried to
00:36:58
just essentially characterize what she said as not not technically admitting to murder, not technically admitting to
00:37:05
shooting at Shay, but simply just pulling the trigger. >> Is there any way that this could have
00:37:10
been an accident? >> No. Uh, you don't take out your gun and point it at anybody if you're not
00:37:16
intending to kill them. And to prove this was no accident, prosecutors pointed to this text message that Shelby
00:37:25
sent EJ about a month before Sha's murder. It reads, "I'm killing that bastard with my own two hands."
00:37:33
>> They've talked about this together for a long time. >> And one of the things that was odd to
00:37:39
me, if you look at that text message, is EJ's name in Shelby's phone is ba. Bay as in a term of endearment,
00:37:48
>> right? >> Why do you think Shelby was willing to do this? >> You know, it's speculation. She had a
00:37:55
lot of animosity towards Sheay as evidenced by what she said in her interview about him.
00:38:00
>> I didn't want her to abuse him at all. >> And she was very angry at Sheay over his
00:38:06
attempts to interfere with or or insert himself into the daughter's life. And so, um, you
00:38:14
know, I think that that that sort of fed into that maybe power dynamic with EJ. >> What do you mean by that?
00:38:22
>> Well, there's a huge age difference, you know, between EJ and Shelby. I think
00:38:26
it's clear that Shelby looked up to EJ and, you know, wanted her approval. I think she had her own feelings. I think
00:38:34
she had maybe some manipulation there as well. At the end of her three-day trial,
00:38:42
Shelby Heston was also convicted of murder. At her sentencing hearing, unlike EJ, she apologized to Sha's
00:38:50
family. >> Shelby was looking right at me [music] and she said she was sorry, and I
00:38:57
believed her. I mean, it didn't change anything, but I [music] believed her. No, she had
00:39:03
the chance. She had the chance. Shelby Heston [music] received the same sentence as EJ Steven, 55 years in
00:39:13
prison. For Sha's family, the thought of a third trial was too much to bear. >> I didn't want to go to another trial.
00:39:21
Well, we I don't think my mom could have handled another one. >> I don't think any of us could have. I
00:39:26
mean, it was awful. >> They approached prosecutors and ultimately [music] a plea deal was
00:39:32
reached. Hannah Kavki and her attorneys also declined our request for an interview. In September 2021, she
00:39:40
pleaded guilty to voluntary manslaughter in exchange for a sentence that could see her released as early [music] as
00:39:48
July 2026. At her sentencing, she also apologized to Sha's family. I remember [music]
00:39:57
telling her in my impact statement that, you know, you weren't the mastermind, you weren't the shooter, but you were
00:40:04
still involved in it. You were still involved in Sha's murder. >> I said, you could have made a
00:40:10
difference. You could have said no. You could have said, "Let's get out of here."
00:40:14
>> But for not [music] one person, but three people made the decision to murder him,
00:40:23
>> right? Three opportunities for someone to do [music] the right thing. >> Yes.
00:40:26
>> And none of them took that opportunity. >> Very well put. >> Very well put. >> She Briar's grave sits next to the
00:40:37
little white church that he loved. His gravestone says [music] daddy. A role his sister says he was so looking
00:40:47
forward to fulfill. My brother wanted to be there for his baby. He loves her so, so much. And he
00:40:58
has the best view right now of her. Even though he's in heaven, he is laughing. He's probably giving her wind
00:41:08
tickles. And he's keeping an eye out on her. >> [music] >> Welcome back to Postmortem. I'm CBS News
00:42:06
correspondent Natalie Morales stepping in today as your host to speak with 48 Hours correspondent Ann Marie Green
00:42:13
about her report on the murder of 31-year-old Shea Brier. It was on January 12th, 2020 when Sheay Brier was
00:42:21
found incoherent on a remote bridge in J County, Indiana. Now, it turned out he had been shot in the back with a bullet
00:42:29
lodged in his heart and he later died from his injuries. Now, when a homicide investigation was launched, detectives
00:42:36
uncovered a shocking plot involving not one, not two, but three individuals. An Marie is joining me now to chat with me.
00:42:45
Hey, Amry. Hello. Hello. Hello. And thank you. I love it when we do it like this. I like to It's fun being on the
00:42:50
other side. It's fun for me, too, being on this end of it. Now, I just want to remind our listeners, if you have not
00:42:56
listened to the 48 hours episode yet, you can find the full audio just below this episode in your podcast feed. So,
00:43:03
just go take a listen, then come right back for our conversation. So, Amarie, it's rare that we see a
00:43:10
woman as a killer, but in this case, we have three women who are charged with killing Sheay or being involved in his
00:43:17
death. Yeah. Um, we start things off with EJ. Um, she's 29 years old. She's pretty much the first person that comes
00:43:25
under suspicion for detectives because she's the only person who's had a conflict with Sheay. People love this
00:43:31
guy. Um, she is Shea's ex fiance and the mother of his child, but their relationship wasn't that kind of
00:43:41
relationship. you know, they kind of didn't really date until after they had become parents, if you will, and and
00:43:49
then became um, you know, engaged. But then later, we learn about these two other young women who are involved. And
00:43:56
I say young women cuz they're teenagers, right? We have 18-year-old Hannah whose
00:44:03
parents van was used. She was driving her parents' van that night. And then there's 18-year-old Shelby who is the
00:44:11
one who shot Sheay. Let's talk about that age difference and and who the mastermind of this was. I mean, who was
00:44:18
the one who was sort of seen as the the person who was pulling the strings on this operation?
00:44:24
>> Yeah, I guess you know that's a bit of the the question. You know, you have to
00:44:28
understand that EJ has known these two other women for quite a long time. She's 10 years older than them. She's a
00:44:34
softball coach. She's coached them. Um, and they basically have known her since they were children. You have to wonder
00:44:45
about the nature of her influence over them. >> Mhm. >> And you see it in the hour. A lot of
00:44:52
people, you know, speculated as to whether or not there was more to the relationship between Shelby and EJ. No
00:45:00
one saw EJ without Shelby being around. We also learned that EJ's name was in Shelby's phone as bae. I know you've
00:45:11
probably heard that nickname, bae. And it's normally spelled B A E. It was spelled B A Y. They could have just
00:45:17
spelled it wrong. I don't know. But we all know what that means. My bae. That's my sweetheart, right? Um, of course, you
00:45:23
know, both ladies say that there was nothing romantic between them. They were just very close friends. But the other
00:45:28
thing is it really was Shelby who seemed to really dislike Shay and she's the one
00:45:34
who shot the gun. So Ambry, let's talk about the apparent motive in this case which is just so sad because all it is
00:45:41
it seems is that is that Sheay just wanted to be involved in his daughter's life. Now that was something that EJ did
00:45:48
not want according to prosecutors. So when Sheay hired an attorney and then filed those court documents to establish
00:45:54
paternity, a friend of EJ said that EJ started talking about getting rid of him. I'm curious though, why didn't
00:46:02
Sheay already have certain rights in place? I mean, that's his daughter. Yeah. So his name was not on the birth
00:46:09
certificate and so then he sort of realized that he had to go a more formal legal route. And like I said, the nature
00:46:17
of their relationship before they became engaged is kind of murky. You know, his
00:46:22
family had never even heard of her really before. Um, and and so the impression that we get is, you know,
00:46:28
there wasn't much of a relationship. She becomes pregnant though she has the child and so they try to establish
00:46:35
something. Sheay really wanted to be a dad. He did not have a great relationship with his own father and he
00:46:45
wanted to kind of like correct that family story if you will. You know, he wanted to be a father and be a good one.
00:46:51
So, what's interesting is given that whole, you know, what was going on in their relationship on the night that
00:46:58
Sheay was killed, he had received a late night call from EJ to meet with him. And
00:47:03
at this point, as you said, Emry, they had been broken up for a while. They didn't seem to have a relationship at
00:47:09
all. So, it seemed to be somewhat contentious, if anything. So, why did he even agree to meeting up with EJ and
00:47:16
getting in that van? That's like the million-dollar question. It's late at night. The weather was terrible. They
00:47:22
hadn't really been talking. But I asked the same question to detectives as well,
00:47:27
and I want to play a little sound from the interview that actually didn't make it into the hour. Why do you think Sheay
00:47:32
got into that van? I think Sheay got into the van thinking that they could possibly rekindle their relationship. He
00:47:39
wanted to raise his daughter. He wanted parental rights. I think he would have probably done anything to do that.
00:47:45
>> Even get into that van. >> Even get into the van. >> Just It's just so sad that, you know, he
00:47:50
goes there with a sliver of hope and then what happens to him happens. Yeah. Um, now I know you visited Jay County
00:47:59
and you walked along that bridge where he was found practically dead. Um, he then succumbed to his injuries in the
00:48:06
hospital. But what was it like to be out there? Beautiful and and eerie. This is,
00:48:12
you know, a rural town, but this area is even sort of out in the country for for
00:48:18
them. Um, I would say it was about a 20inut drive outside of the center of town. Um, there's nothing around. Uh, I
00:48:26
think there's an abandoned barn way off in the distance, but other than that, it's just fields with this creek. Um,
00:48:34
there's really no reason to go there and stop really. >> Um, other than maybe to take in the
00:48:42
scenic view, but it's a road to get to somewhere else. The fact that anyone found Shay is a miracle in and of
00:48:50
itself. You know, it is heartbreaking that no one came by sooner, but I'm not surprised. You just wouldn't go there by
00:48:57
mistake, really. >> And Emory, as we saw, you interviewed Christy Cyber. She was the one,
00:49:02
remember, who called the detectives the very minute she heard about Shea's murder, but she told detectives that EJ
00:49:10
had come to her and seemed to be venting about Sheay. Even talked about getting rid of him. And it's interesting because
00:49:18
watching Christiey's interview, she seems to really carry a lot of guilt about, you know, not realizing what EJ
00:49:26
was saying and and, you know, not understanding. Is she just venting? Like a lot of people I think a lot of us do
00:49:32
that. Like, if only I was, you know, rid of him. If only there was a way to get him out of my life, right? I think we
00:49:37
all do that. So, it raises the question, how do you tell the difference between somebody who's just venting or somebody
00:49:43
who is actually admitting to wanting to do something? >> Yeah. Yeah. Because Christy, as you
00:49:49
know, is a former police officer, right? So, she really feels guilty. But to your
00:49:55
point, Natalie, I mean, I I have friends who are going through like some challenging divorces and they say like,
00:50:02
"I wish he would just get out of the house. I wish he would just disappear." Like, you get it. Um, and I think for
00:50:08
Christy, >> I got the feeling that she recognized that for whatever reason, these girls
00:50:16
needed a place to go to or another adult where they could sit and unload, you know, like everyone needs like that that
00:50:25
auntie or whatever. It's not your mom, so they're not going to lecture you. Um, it's that other adult that's still going
00:50:31
to kind of guide you. And so I think she like allowed them to feel comfortable, allowed them the space to just kind of
00:50:37
be themselves, I think, in the hopes of nudging them in the right direction. And
00:50:43
she would give EJ advice. She would say like, "You're never going to get rid of him, right? So like now just think about
00:50:51
how are you going to manage co-parenting?" Like she would do that. Um, and she just never believed.
00:50:59
I mean, even after that experiment where they threw stuff in his drink, she just
00:51:02
never believed that they would take it this far. >> Yeah. I mean, that right in itself right
00:51:07
there, chopping up pills and putting it into his drink, that's a big, you know, if if you're saying you did something
00:51:13
like that, that's one step away. And it, as it turns out, it was one step away. >> Yeah. And I mean, when EJ asked if, you
00:51:23
know, she could babysit, that was one thing. But then she shows up really late. Um, and then she says, "Trust me,
00:51:30
you're gonna read about it in the papers tomorrow." That's that's a problem. >> But it was Christy who was the first
00:51:36
person the minute she heard about Shay's murder who went right to the police and
00:51:41
told them everything that she knew and had heard. She did. She did. Welcome back. All right, Ann Marie,
00:51:48
let's talk a little bit more about who Shelby was and who Hannah is. How did these women get wrapped up in this plot?
00:51:57
I tell you um so often uh Natalie I think about how in a in a very small moment if people make a different
00:52:06
decision their life is completely different right like that's the thing about 48 hours you're like oh if you had
00:52:11
just delayed that one thing that you did 30 seconds maybe none of this would have
00:52:16
happened these ladies had you know plans in place for their life I'm just going to like read a little bit Shelby she was
00:52:22
studying to become uh an EMT before she was arrested she wanted to become a nurse. Hannah was already in college
00:52:30
because after this incident, she goes back to college. She's on a scholarship. She also thought in the future she would
00:52:36
be perhaps opening a nursing home. And then during the interrogation, Shelby says something which gives you a sense
00:52:42
of maybe her understanding or lack of understanding about how much trouble that they're all in. Um, but so this
00:52:50
didn't make it into the show, but I want to play it. >> Can I just ask one thing? Absolutely.
00:52:57
>> Can it stay on Facebook? Does it have to be put [laughter] out there? >> The seriousness of this is going to go
00:53:05
far. Uh it's going to be on Facebook. It's going to be on >> everyone's going to know.
00:53:10
>> Oh yeah. I mean, do you understand the the the level of this? It's been on the
00:53:16
news that he his body was found. You know what I'm saying? >> To stay off of Facebook. I mean, oh my
00:53:24
goodness. That's crazy. >> Yeah. So, that gives you a sense of the disconnect, >> like not realizing just how just the
00:53:34
amount of trouble that they're in and also not feeling remorse or guilt in that moment because she was the one who
00:53:42
was practicing in the parking lot and was the one who admittedly who pulled the trigger. Right.
00:53:48
>> Yeah. Um, you're right. no concept of the damage that has been done, the life
00:53:54
the lives that have been devastated, including her own. Including her own. >> Yeah. And she's worried about if it's
00:54:01
going to end up on Facebook. Well, guess what? It's on 48 hours now. Shelby, um,
00:54:06
so EJ, Shelby, and Hannah, they're going to be tried separately in court. EJ goes
00:54:12
to trial first, and she's the one who then turns on Shelby when she takes the stand. And what did she say? Yeah, you
00:54:20
know, she basically says, "I was totally surprised. I had no idea Shelby was planning this sort of thing." Even
00:54:24
though even though she was there when Shelby was sort of test firing the gun, right? I had no idea. Um, you know, even
00:54:31
though they put the pill in the drink, her defense, as we heard in the hour, is I just wanted to talk to Shay. We were
00:54:38
talking about our relationship. If if if I had known Shelby was going to shoot him in the back, why would I be standing
00:54:45
right next to Shay? I mean, that's a lot of confidence in Shelby, you know, firearms ability, if she's a good shot
00:54:53
or not. Um, and so that was her defense. Obviously, it didn't work. So, EJ is found guilty. She's sentenced to 55
00:55:02
years in prison, but then Shea's family has to go through it all over again, uh,
00:55:08
another trial with Shelby, and to see and hear all that evidence again, which has to be so painful. Yeah. And I mean,
00:55:18
we're talking about that video, the police body cam of Sheay, you know, he's on that bridge. You can hear him and
00:55:26
they have to watch that again. Sheay was really surrounded by strong women. His mom, his aunt, and his grandmother.
00:55:36
I love these women. Um, they have such an incredible tight bond. They adored him. Um they believed in his ability to
00:55:48
do great things and they really supported him. Um and they wanted the defendants in this case to know that he
00:55:57
was loved. >> Yeah. >> Shelby, as we heard, found guilty as well, sentenced to the same as EJ, 55
00:56:04
years, >> and and she apologized to the family. So in the end, I guess maybe she felt a
00:56:10
little bit bad about her participation. I I think so. And I think, you know, in terms of the people who spoke on her
00:56:18
behalf, um they really felt like she had been manipulated by EJ. And this is actually what a family friend said at
00:56:26
sentencing. I'm going to read it. She had the misfortune of finding comfort in a wannabe cult leader who literally
00:56:35
destroyed several families for her own self-interest. So, those are some really strong words.
00:56:42
a wannabe cult leader. Um, that suggests even more than, you know, a strangely close relationship, right? That is about
00:56:51
manipulation and control. >> Yeah. You know, and again, it goes back to that odd dynamic and the age
00:56:57
difference. >> So, Hannah was the only one who got a plea deal. She pleaded guilty to
00:57:03
voluntary manslaughter. And in the episode, we learned that Sha's family, I mean, the reason she got the plea deal
00:57:09
is they felt that another trial would just be too much for them to bear. But there were also other factors at play in
00:57:15
Hannah's case. Right, Amory? Yeah, certainly Sha's family felt like Hannah out of all three of them um was the
00:57:26
least culpable. Of course, they say, "Hey, you could have done something. You could have called 91. You could have
00:57:32
done anything." Now, the thing about Hannah is she is actually from one town over, Fort Recovery. Um, and when we
00:57:39
talk to some of the other people, they kind of characterize Fort Recovery as a little wealthier, a little nicer, like
00:57:49
the right side of the tracks. But they also said that the entire community rallied around Hannah. They
00:57:58
were raising money for her defense. Somebody described kind of like one of those containers that you see on like a
00:58:04
counter in a store, you know, throw throw a couple bucks in for a cause or whatever. So, there was she really had a
00:58:10
lot of support from the entire town, not just her family. Um, and that may have had a an impact on the deal that she
00:58:19
got. Of course, you know, she's she's also spending time behind bars as well. Um and she was basically right about to
00:58:27
kind of launch, you know, she finally she gets a scholarship to college, she's gonna launch. And so her her life is
00:58:33
certainly being derailed significantly. Well, as you said in your reporting and you put it so well, each one of them had
00:58:41
the opportunity at one point in time to do the right thing and all three did not. And so, you know, the final act, I
00:58:49
think, is, you know, just taking the phone away from him and throwing it into the river. I mean, that tells you right
00:58:56
there. They were basically leaving him to die, to bleed out on that cold pavement. So, it doesn't get much colder
00:59:03
than that. That is spoton. I mean, they had left and they turned back around. It
00:59:10
is callous. And what sort of adds to the mystery um is the nature of the gun. This is a small
00:59:20
caliber gun. This is the kind of gun, Natalie, that maybe if you live in an area where people hunt, they might give
00:59:26
this gun to a child, kind of like their first gun to to learn how to hunt. This is the type of bullet that if it hits
00:59:34
you, you're probably going to survive. Sheay was hit directly in the heart and it it was it is because of that that he
00:59:44
was not able to survive something that probably would have been survivable. But you just never know. You know, you don't
00:59:51
know if if somebody had intervened a minute earlier if that would have made a difference and they had the ability to
00:59:58
make that difference and they didn't. >> That's right. And and then at the end we
01:00:03
see that is EJ's family. They're the ones who end up with primary custody of his daughter. What kind of relationship
01:00:11
though are his family able to have with the daughter? So, um it was really important for obviously for Sha's family
01:00:20
to maintain a connection with her. And so, they have an arrangement and I believe it's through the courts that
01:00:27
they get to see her once a month. You know, she's still very, very young. So, I don't know how both families will
01:00:37
tackle this um situation as she gets older. But right now, those three women, his grandmother, his mother, and his
01:00:45
aunt, they want to do nothing more than just sort of pour into that little girl and and make sure that she feels love in
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the middle of this great loss. >> Well, once again, Ann Marie, a a wonderful episode. Thank you so much for
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bringing it to us and for talking with me today. Thank you, Natalie. And if you like this series Postmortem,
01:01:08
please rate and review 48 hours on our Apple podcasts and follow 48 hours wherever you get your podcast. And you
01:01:15
can also listen adree with a 48 hours plus subscription on Apple Podcasts. Thanks for listening.