00:00:04
[music] >> She said, Gary is in the burn pile. No, she said he is in the burn pile.
00:00:15
He's in the burn pile. When Melody Ferris' lover, Rusty Burton, said those five words to detectives,
00:00:22
[music] he blew the investigation wide open. Rusty claimed Melody told him that [music] key phrase the night her
00:00:31
husband, Gary Ferris, was killed. Here's Detective Daniel Hayes. Rusty claimed that his response to her
00:00:39
was, "Don't tell me nothing else." Now, Rusty eventually recants [music] this story, correct? He does. But he
00:00:47
waits almost a year to do it. He does. Back on July 24th, 2018, Rusty [music] had agreed to secretly
00:00:55
record his calls with Melody. But detectives discovered Rusty shared that secret with Melody, tipping her
00:01:02
off. They had continued seeing each other for almost a year after Gary was murdered.
00:01:10
And Rusty was with her when she turned herself in. When we arrested her, she was actually up in Tennessee spending
00:01:15
time with him. When you Rusty was still with her and spending time with her, so we went back
00:01:19
up to interview him and that's when he told us. He was like, "Oh, by the way, I was, you know,
00:01:23
I was wrong. She told me this in person a few days past that." I was wrong. >> [music]
00:01:32
>> After her arrest, Rusty took back his dramatic story. He now told investigators that Melody said those
00:01:39
words after Gary's murder investigation had started. But during that year, they had talked
00:01:45
many times together. These two people >> Two people who were in love with each other and planning a life. Um yes, they
00:01:51
were planning a life together. Could Melody [music] have influenced Rusty to change his tune?
00:02:04
Whatever the case, Detective [music] Hayes was sure Melody was Gary's killer. She was the only person that had motive.
00:02:11
I think motive was a big part [music] of this case. According to Detective Hayes, Melody
00:02:17
stood to inherit millions. But aside from family accusations and Rusty's original story,
00:02:24
what evidence made detectives so sure? And just how did a petite woman like Melody move Gary Ferris' 300-lb body
00:02:34
from their home to the burn [music] pile, some 50 yards away? I'm Peter Van Sant.
00:02:41
>> [music] >> From 48 Hours, this is Blood Is Thicker: The Ferris Wheel. Episode 5, You're Going to Hang Me.
00:03:01
Peter, I want to show you some evidence. All right. [music] Let's go take a look.
00:03:05
Where are we? What is this lot back here? >> Uh this is part of the Sheriff's Office
00:03:08
Evidence Unit. This is our outside impound lot where we store, [music] you know, large pieces of equipment or
00:03:14
vehicles. Back in 2024, Detective Daniel Hayes walked [music] me out to the Cherokee
00:03:20
County impound lot, where they keep seized property held as evidence [music] for investigations.
00:03:27
Right over here, Peter. This is what we're looking at, these two vehicles. Hayes led [music] me toward a small
00:03:33
orange tractor and a red two-seat RTV, rough terrain [music] vehicle. They're two vehicles used on the Ferris
00:03:41
family farm. These are the two vehicles that for years [music] people have wondered,
00:03:47
was one of these used to move Gary Ferris' body [music] to that burn pile? That's correct.
00:03:53
And what did you learn when your forensic people took a look at these two vehicles? Uh
00:03:59
>> [music] >> well, when they took a look at them, they found evidence of blood on both of
00:04:02
them. He pointed to where they found [music] the speck of blood they tested. Investigators got a match.
00:04:10
It was Gary Ferris' blood. So, what does that suggest to you? Tells me that Gary was bleeding and his
00:04:19
he was on or around the tractor. Then we checked out the RTV. And where was the blood found on this
00:04:25
vehicle? Uh on the RTV, we found blood in several spots. There was blood found on the shifter, uh uh evidence of blood
00:04:30
on the the tailgate in the back. Now, that's intriguing. Blood in two different places. Was this Gary's blood?
00:04:37
Uh the blood on the shifter was Melody's blood. Detective Hayes said they never tested
00:04:42
the blood on the tailgate. He explained that even the Sheriff's Office has a tight budget.
00:04:48
And those tests and the products needed to do them can be expensive. But was there any evidence that Melody
00:04:55
used the RTV to move Gary's body? This family has utilized both of those machines to move
00:05:02
dead horses, um pull stumps out of the ground. So, anyone who's been on the property that
00:05:08
saw knew the capabilities of these machines. And she could handle both of these. She knew how to
00:05:13
use the machinery, both of these machines? She could, uh and and she not only did other family members tell us
00:05:19
that she has driven and operated both, um she admitted that she drives RTV all the time when Gary's not there and has
00:05:25
operated the tractor. Detective Hayes had a theory that Melody somehow used the tractor and the RTV to
00:05:33
lift and move Gary's 300-lb body. How about [music] this this RTV? Is this something that would be used to drag a
00:05:43
body? Could be. The this RTV has a a dump bed on the back of it, a a bed that you can put things in [music] to haul
00:05:49
them. Um it's capable, you know, has very heavy-duty front bumper. It's got a rear bumper that you could attach a
00:05:55
strap to, a tow strap or something. Now, from what I understand, [music] there is no evidence of tire marks that
00:06:02
go from the house to the burn pile. Is that correct? >> That's correct. And no evidence of like
00:06:07
something [music] being dragged That's correct. >> across the dirt. So, this still remains
00:06:12
a mystery, doesn't it? It does, but it was days [music] before we got there. So, there was plenty of time to rake,
00:06:17
cover up whatever any of that evidence that could have been there. Hayes also [music] told me other
00:06:23
suspicious evidence his team had uncovered, including inside [music] the master bedroom closet.
00:06:31
I actually personally located two pairs of shoes. One pair of shoes were interesting because you could see
00:06:37
[music] on the bottom where someone had stepped in blood in them. They were smaller size, appeared to be
00:06:42
>> [music] >> women's shoes. Detective Hayes concluded they were Melody's shoes.
00:06:47
Hayes then turned his attention to the [music] second suspicious pair. So, I had gloves on.
00:06:54
I picked up another pair of shoes. I said, "Man, these are cold feeling compared to the other ones." And it
00:06:58
turns out they were wet. They were freshly laundered. Hayes saw them on a rack and assumed
00:07:04
they were left there to dry. It suggests to me that those pair of shoes likely had some
00:07:09
blood on them or some other evidence that someone wanted to, um you know, get off of there. And it
00:07:14
could also indicate they got dirty working on the farm. There was one more thing. As Detective Hayes looked through
00:07:21
the closet, he checked the dirty clothes hamper and pulled out a small shirt he assumed was Melody's.
00:07:29
But there appears to be dark blood stains on this shirt and um what I believe to be a black, almost
00:07:34
sooty-looking, stain on it. Testing revealed that the blood found on the shirt and shoes was in fact
00:07:44
Melody's, not her husband's. >> [music] >> Detective Hayes later said that he thought the blood could have been from
00:07:51
when Melody smashed a plate in an argument [music] with Gary or from when she was working on the farm.
00:07:57
He wasn't sure. What detectives did know was where everyone in the family was when they
00:08:04
believed Gary was murdered and who Melody called that night. Clean up is for sure in the middle of the night. One
00:08:12
of the Sheriff's Department analysts was able to use the Ferris' phone [music] records to reconstruct the last moments
00:08:19
of Gary's life and when his body could have been moved to that burn pile. In the time frame, the phone moves from
00:08:28
the area of the home to the burn pile. The Cherokee County Sheriff's Office had been collecting and reviewing phone data
00:08:44
for weeks. We had physical phones for Melody Ferris, Gary Ferris, Scott Ferris, >> [music]
00:08:50
>> uh Rusty Burton. That's Lindsey Harris, an intelligence analyst with the Sheriff's Office.
00:08:57
She took a look through the vast trove of Ferris family texts, calls, emails, and searches.
00:09:04
She even got the data from Melody's burner phone, the one she'd been using to talk to Rusty during their affair.
00:09:11
Every device a little different, but when you do extract the data, you get a good bit of information. A lot of the
00:09:18
contents, a lot of the app data, photos, videos, conversations. Harris looked for
00:09:24
patterns [music] and if those patterns changed. I'll look at patterns of location. Are
00:09:31
you in the right place that's normal in your life? Are you Are you calling normal people? Are you calling during
00:09:36
normal times of the day? Are you moving at different times of the day that you normally wouldn't? For instance,
00:09:42
>> [music] >> Harris discovered how Melody's texts revealed her changing moods during the
00:09:47
days leading to Gary's murder. She's upset about a beach condo that was purchased and she's very vocal in her
00:09:55
messages about that. Chris had asked Gary to help pay for a beach [music] vacation. Melody texted
00:10:01
both of her daughters about it on July 2nd, 2018. She says, "I got Gary's phone." This
00:10:09
shows us she has the ability to physically look at his phone and read messages and find out information. And
00:10:17
she's not happy about it. She says she's beyond furious. And she she talks here with Amanda about how Scott left this
00:10:23
morning at 8:00 and he's gone to play golf again. And you know, help me God. She's upset about Scott's whereabouts
00:10:31
and his activities. Um And And again, it's it's all about he refuses to help. He
00:10:39
This is my last straw. I'm taking measures into my own hands. Harris then analyzed the data from July 3rd, the
00:10:46
last day Gary was seen alive. Two of the grandkids had asked Melody if they could spend the night with her.
00:10:53
Melody says how about the following night. And um you know, in totality, she's she's at home and she
00:11:01
stays at home. No real plans on the night of the 3rd. And based upon statements made, she's always willing to
00:11:08
have her grandkids over, especially they're in town. It was uh definitely odd that
00:11:13
she did not want some the kids over that day. There was also data supporting Chris's
00:11:22
story of visiting Gary at the farm with his daughter. He was the last person to speak with
00:11:28
Gary on the phone. >> [music] >> So, this call is a minute and 43 seconds in duration at 3:51 is the last time
00:11:35
>> [music] >> anyone spoke to Gary on the phone. And then Gary attempts to call Chris
00:11:39
back at 3:53. [music] And that is the last proof of life on Gary's device. Phone records then indicate that at 5:16
00:11:48
p.m., Melody texted [music] Amanda to let her know that Chris and his daughter had left.
00:11:55
Investigators [music] believed Melody was now alone on the property with Gary. And immediately [music] at 5:17, Melody
00:12:04
begins talking to Rusty on that burner phone, >> [music] >> which is not odd in their relationship.
00:12:08
They have a lot of phone contact. Um but then we get into a little bit of a break of communication on both phones
00:12:15
[music] for a period of time. There is nothing for nearly 4 hours from 5:36 [music]
00:12:21
p.m. to 9:26 p.m. Location data showed that Melody's phone stayed at the main house.
00:12:30
>> [music] >> No outgoing calls or texts were sent at that time to anyone. As for Gary's whereabouts,
00:12:38
Gary did have the Android phone, a Google [music] device, and he did have location services turned on. So, this is
00:12:43
a very precise location of the handset itself. It it helped [music] us create a timeline for Gary's proof of life.
00:12:55
A couple of hours after Melody's phone went silent, data showed Gary's phone leaving the farm at around 8:30.
00:13:04
His device moves to this location and it appears to be a restaurant. Harris pointed to a map displaying Gary's
00:13:11
movements. So, this is uh leaving the area of that strip mall restaurant and headed back
00:13:16
into the area of the home. According to his phone, Gary arrived back home at 9:34 p.m.
00:13:24
Melody is also in the area of the home. Once Gary made it back, Melody didn't contact anyone for about an hour.
00:13:31
It's my belief that the homicide took place between 9:34 p.m. on July 3rd and 2:00 a.m. on July 4th.
00:13:40
>> [music] >> There's a little more than an hour between the time Gary arrived home and
00:13:46
when Melody [music] called her son Scott to tell him that the horses somehow got
00:13:51
out. The call with Scott at 10:52. This to me is a Melody asking Scott's whereabouts
00:13:58
in order to know um when is someone going to else arrive at the farm. At that moment, Scott was
00:14:05
on his way home from the lake. When he arrived, Scott said he saw the glow of the burn pile fire and called
00:14:12
Melody. It does not appear the phone is answered. Scott's phone location at this
00:14:17
time at 11:30 [music] does cover the area of the house. And then Melody calls Scott back at
00:14:23
11:34. So, between 5:16 >> [music] >> 5:16 p.m. on July 3rd to 11:30 p.m., Gary and Melody are the only two at the
00:14:32
farm with the exception of the time Gary's device travels to the area of a restaurant.
00:14:38
Late that night, Melody [music] was back on the phone with Rusty. Records show there were three separate
00:14:44
calls. Lindsey discovered something fascinating. So, from January 2018 to July 5th, 2018, Melody and Rusty [music]
00:14:55
made contact 3,478 times on the phone. Only one of these 3,478 ever took place after midnight and that
00:15:06
was on [music] July 4th, 2018. This is the call between Rusty and Melody around 2:30 in the morning on
00:15:16
July 4th. That same one Rusty told police about in the days after the killing. So, theory
00:15:23
could be they're discussing. They're They're coming up with a plan. He's helping her through it. Could he be
00:15:29
telling her how to maneuver farm equipment? Could Could he be giving her advice? Could he
00:15:35
be helping her through it mentally? We don't know. Meanwhile, the data showed that Gary's
00:15:41
phone was still inside the main house until the next morning. The phone does begin to move.
00:15:48
>> [music] >> The records investigators collected had Scott calling Melody at 6:12 that
00:15:54
morning, telling her that he was going to come to the main house >> [music] >> to grab the debit card.
00:15:59
By 6:21 a.m., Scott was using the Wells Fargo ATM to take cash out to go golfing.
00:16:07
Lindsey Harris said that Gary's phone data showed the device moved after [music] Scott had left the property.
00:16:15
Melody was now alone. Detectives [music] believe she is the only person who could
00:16:21
have been carrying Gary's cell phone. The device [music] moves from the area of the home to an
00:16:27
area of the burn pile. But then, more than an hour later, the phone moved again away from the burn
00:16:34
[music] pile. By 9:05 a.m., Gary's phone is in the area of the home. Harris's explanation for that? Someone
00:16:41
must be moving it. >> [music] [music] >> Let's take a moment and add this all up.
00:16:53
Outside the main house, there was blood evidence tying Melody and Gary to the tractor and the RTV,
00:17:00
bolstering the theory that Melody used those vehicles to move her husband's body.
00:17:06
And there was the cell phone data, including how Gary's phone moved the morning of July 4th, when Melody was the
00:17:14
only other person home. Earlier that morning and the night before, Melody had also made several
00:17:22
calls to her lover Rusty. She also called her son Scott after a long period where her phone was
00:17:30
completely inactive. Nearly 12 months later, on June 18th, 2019, Melody Ferris was arrested. She was
00:17:40
charged with murder with malice, felony murder, >> [music] >> aggravated assault, concealing a death,
00:17:47
and making false statements. I didn't do [music] this. I would promise you on my life I did not do it.
00:17:54
After Melody's arrest, Rusty recanted [music] his damning burn pile story. That reversal could have helped Melody.
00:18:06
This is a prepaid call from an inmate [music] at the correctional facility. But she still wasn't happy. Yeah.
00:18:15
No. Okay. Well, you know, back a long time ago, I said stop talking. Right. I haven't done anything.
00:18:32
I know that, darling. But somehow or other, you know, what you keep talking about, you're
00:18:40
going to single-handedly hang me. I have not said anything other than the one time and I have retracted that. And
00:18:49
they failed to show that retraction. I haven't said anything else. Cuz there was nothing else to say. There
00:18:55
wasn't anything like that to say. Melody seemingly knew how damning Rusty's original statement could be.
00:19:02
You heard her warn him, "You're single-handedly going to hang me." She asked for reassurance that he wasn't
00:19:09
going to switch sides again. I'm making sure that you understand. I think I did. But there's there's not
00:19:19
You didn't do anything wrong. I haven't done anything wrong. But there's there's nothing wrong with
00:19:24
us talking. I understand that. After a little more than 5 minutes, the two lovers, now separated by jailhouse
00:19:33
bars, ended their call. I love you. Love you. The years-long romance between Rusty and
00:19:44
Melody, combined with her failed marriage with Gary, morphed into what Detective Hayes [music] considered her
00:19:51
likely motive. Killing was the only way that Melody [music] could profit. Through the investigation, we determined
00:19:59
that she was the beneficiary to everything. Through marriage, she was entitled to everything as long as
00:20:05
if Gary's dead and she is alive, it's all hers. Hayes also thinks the breaking point for
00:20:10
Melody may have been all that money that Gary was giving the kids. We talked [music] about it during a
00:20:17
ride-along. She was angry at all the children except for Amanda because they were taking
00:20:24
money from Gary, which was her money. And she knew that her her bank account was dwindling away because of them. She
00:20:33
knew once Gary was gone, the money stopped coming in. Is there any evidence uh detective that
00:20:42
Gary had said to her something like, "We're done. I'm going to end this marriage once and for all." And that
00:20:47
that could have precipitated an attack? Uh there were some text messages between them where he, you
00:20:55
know, had addressed her spending and told her he was taking action to to make it stop. But you believe that
00:21:02
Gary had made a decision in this marriage that he was going to cut his wife off from his funds,
00:21:08
completely isolate her so so she would not have access? I do believe it that he had already
00:21:16
taken action to cut her off. And so in her mind then, she's thinking to herself,
00:21:23
"I'm not going to have access to this money and I have to kill him so that I I can
00:21:28
maintain it. I can take over these funds." Gary was what was standing in her way between her and the money and
00:21:35
her and her life with Rusty. Murder would have left Melody with the best of both worlds.
00:21:43
And do [music] you believe that she and Rusty were planning on getting married perhaps? Absolutely.
00:21:52
When we spoke with Rusty and [music] he let us have his phone and we found where he was he was searching [music]
00:21:59
uh wedding bands recently. Now Now, Melody told us, "Oh, no, we weren't going to get married." But do
00:22:06
you think she's telling the truth? No, I don't think she's telling the truth. I don't think she's told the truth
00:22:12
the entire time. Even if Melody and Rusty were planning to take the inheritance and start a new
00:22:20
life, the data showed Rusty was not [music] on the ground with Melody the day Gary was murdered.
00:22:26
His location data proved he [music] was in Tennessee. Melody pleaded not guilty.
00:22:33
She now [music] had to decide if she wanted to testify in her own defense and watch [music] as her family secrets were
00:22:41
shared with the world. The most heart-wrenching, gut-wrenching thing I had ever sat through in my entire life.
00:23:01
From 48 Hours, this [music] is Blood Is Thicker, the Ferris Wheel produced by Sony Music Entertainment.
00:23:09
I'm your host, Peter Van Sant. [music] Judy Tygard is the executive producer of 48 Hours.
00:23:17
Original reporting by 48 Hours producers [music] Betsy Scheuler, Ryan Smith, and Hannah
00:23:23
Vere. Jamie Benson is [music] the senior producer for CBS News podcasts and Mara
00:23:31
Waltz is the senior story editor. Recording assistance [music] from Alan Pang and Alana Myers.
00:23:40
Special thanks to CBS [music] News podcast vice president Megan Marcus. Blood Is Thicker [music] was written and
00:23:49
produced by Alex Scheuler. Stephanie Serrano is our editor. Our executive producer is Shera Morris.
00:23:58
Our associate producer [music] is Zoe Kolken. Theme and original music composed by
00:24:05
Hansdale She. Cedric Wilson is our sound designer and mixed the episodes. We also use music [music] from Epidemic
00:24:15
Sounds. Fendel Fulton is our fact-checker. Our production manager [music] is Tamika
00:24:22
Ballance Kolken. If you're enjoying the show, be sure to rate and [music] review. It helps more
00:24:31
people find it and hear our reporting. Thanks for listening.