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GameChanger [Music] welcome to True Crime garage wherever you are whatever you are doing thanks
00:01:45
for listening I'm your host Nick and with me as always is a man that just got back from having lunch with Richard
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how's our good friend old Richard do well he's not happy with [Music] you let the River Run Red Captain
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tonight we are drinking the Huntsman Red Ale by barley Mo Brewing Company garage
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grade 4 and A4 bottle caps out of five M this is an imperial double Red Ale that
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by these fantastic people first up a big thank you to Michelle down in Clearwater
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Facebook @ truecrimegarage all right that's enough of the business everybody gather around grab a chair grab a beer
00:03:28
let's talk some true cry [Music] [Music] this is true crime garage and this is the case of the boys
00:03:58
on the tracks [Music] [Music] [Music] by all accounts the engineer did a masterful job of bringing his train to a
00:04:35
stop it had taken a screaming screeching half mile by the time the engine had shuttered to a standstill conductor
00:04:44
Jerry Tomlin was on the radio notifying an approaching train on a parallel track
00:04:50
to stop because some boys had been run over he had also called the dispatcher have you got injury
00:05:00
the dispatcher [Music] asked no Tomlin said we've got death I'm sure we've got death they passed under us it has to be
00:05:14
death it has it has to be [Music] death has to [Music] be [Music] 4:00 a.m. August 23rd
00:05:36
1987 this is a Sunday in Arkansas there's a train traveling north from Texarcana this train is about a mile
00:05:44
long pulling mostly Freight but some empty cars as well the Train's headlight is set to the bright position the crew
00:05:52
would later say that it was particularly dark that night the trains engineer this
00:05:57
is Steven shyer and the conductor Jerry Tomlin notice a dark spot on the tracks now any debris on the tracks of course
00:06:06
is a big concern they can see a flash of light from this dark spot the Train's headlights beam it must have hit
00:06:14
something metal or something that reflected the light back to them when the train was approximately 100 ft away
00:06:21
from the dark spot engineer Shyer yelled out oh my God and he hit the whistle in
00:06:27
the emergency break at the same time this is because they could tell that there were two young men laying on the
00:06:33
tracks between the rails they could also tell that there was a gun lying next to
00:06:39
them they could tell that there was something covering the boys from their waist to their knees both boys were
00:06:46
between the rails with their heads up against the West Rail and their feet over the East rail both were right
00:06:53
beside each other and their arms and hands were at their sides their heads facing straight up and and they didn't
00:06:59
move at all the train was traveling approximately 55 M an hour this would only give the crew just seconds to
00:07:07
respond before running over the boys as we had said they hit the emergency break
00:07:12
but with the weight and the speed of the train this is going to take some time to
00:07:16
bring this metal monster to a stop mhm as they are breaking the steel wheels are they're screaming on the steel
00:07:22
tracks the train cars vibrate the tracks begin to vibrate as well the whistle is
00:07:28
blowing and still the boys do not jerk they do not flinch they do not move a muscle now Sher couldn't tell what the
00:07:35
object was that was covering the boys but the other two men on the train Tomlin and this other guy his last name
00:07:41
is Delamar both said that this item that was covering the boys from waist to knee
00:07:46
was a tarp a a pale green tarp I believe one of the men actually said that it looked like a boat cover um and they
00:07:54
stated that the gun was clearly a rifle the barrel was near one of the boys' head and the stock was mostly underneath
00:08:03
the tarp the men watched as the bodies disappeared under the Train the men heard the train hit the boys one of the
00:08:11
men explained that what he was used to on occasion the train would hit a dog and he said that you would hear like a
00:08:18
thud and then you would hear rocks flying because if it was something that was under the train then the train was
00:08:25
scooting the object along with the boys and with the gun men felt the impact and
00:08:31
they said it was very one two three you could you could feel the hit of the first boy second boy and then the gun
00:08:38
it's hard to imagine what's going through these guys heads as they're hitting the bodies yeah it's I mean it's
00:08:43
complete nightmare when the train hits an object uh one of two things usually happen so there is a scoop on the front
00:08:51
of this train that the men called a cow catcher I believe this is a commonly used term so either the cow catcher will
00:08:59
hit the item and toss the object violently aside or it gets sucked up under the train right and this is what
00:09:06
happened here and the two boys's legs were laying on the track so what happened was the feet were actually
00:09:13
severed by the train yes severed from the legs and the heads and the torsos were between the tracks so the train
00:09:20
would have cleared the bodies and then rolled them under the train uh this is what the three men on board had heard so
00:09:28
armed with FL flashlights the men get off of the train and they went looking for what they had hit about 35 cars back
00:09:36
they located the first of many pieces that they would find right train cars yeah they they spotted some dismembered
00:09:45
toes the biggest body part that they found was the chest and head of the second boy the first boy was he was much
00:09:53
more chopped up the police had started to arrive on the scene um and they B basically found parts of the gun and the
00:10:02
bodies scattered along a quarter mile of the tracks mhm one thing the crew members noticed very quickly was that
00:10:09
there was a lot less blood than any of them had expected to see and the blood that they did see and find it was dark
00:10:16
it wasn't it wasn't red it was a purplish color and like you said they have experience with you know hitting
00:10:23
the Train the train hitting a dog or a cow or a deer or something of that nature yeah and and in this area of the
00:10:31
country too these are guys that were familiar with hunting um so they they knew kind of what to expect
00:10:38
unfortunately in this situation that's why they were so freaked out was they knew what they were expecting to see and
00:10:45
they were terrified going back there looking for that well yeah cuz it's on a whole different level I mean it's one
00:10:51
thing to hit a deer but to hit two teenage boys mhm the police were there at 4:48 a. this is just about 13 minutes
00:11:01
after the crew had reported the incident mhm this fell to the jurisdiction of the
00:11:06
saing County Sheriff's Office on the scene we have Deputy Chuck talent and Lieutenant Ray Richmond who was the head
00:11:15
of the Department's criminal investigation division after checking out the scene the officers decided that
00:11:21
they were investigating either an accident or a suicide MH the crew working the train immediately disagreed
00:11:28
with the officers they knew that of course accidents certainly do happen around trains and suicides do as well
00:11:36
but the troubling thing here is that the men saw neither boy move at all right if
00:11:42
if it were a suicide they said they might be able to be talked into agreeing that one person could Brave through the
00:11:49
terrifying situation of the train approaching them but none of the men would agree that two people could lay
00:11:56
there and not flinch or not move a muscle as the train got closer and closer right which I I think I agree
00:12:03
with them on uh I just think that's a really hard thing to even speculate mhm also at the scene was state trooper
00:12:11
Wayne lanhart of the Arkansas State Police now lanart was concerned by what he saw at the scene but let's keep in
00:12:18
mind he this is not his jurisdiction right uh this is the jurisdiction of the sheriff's office so he is at their mercy
00:12:25
so I'm assuming that it was a the call was made and he was just in close proximity so he then showed up to see if
00:12:32
they need any assistance yeah everybody was responding to this call so this is not his case he is pretty much just a
00:12:39
spectator at this point but the thing that bothered him the most was the sheriff depuy's disinterest in the
00:12:45
possibility of a murder according to layard's training any unnatural death should be investigated first as a
00:12:53
possible homicide so evidence can be preserved and the most serious possibilities eliminated before less
00:13:00
serious ones are considered laner after having talked with the crew members told
00:13:07
the deputies that he doubted the deaths were an accident right another cause for
00:13:13
concern was the observations made by the emergency medical technicians arriving on the scene right the EMTs yeah they
00:13:22
both said that the bodies looked more like mannequins because there was so little blood and at the impact site the
00:13:30
blood that they found was really dark in color more a purple than a red mhm they
00:13:35
didn't see any bright blood and this led them to believe that the blood that they
00:13:40
were seeing was not fresh who were the two boys on the tracks that night and why were they there m the boys were
00:13:47
17-year-old Kevin IES and 16-year-old Don Henry and I know it's 1987 and there wasn't a lot of law
00:13:57
enforcement didn't crack down on curfew as often but what is a 16 and 17year old
00:14:03
boy doing out by these train tracks I mean it's Saturday they they're hanging out Saturday and then this happens at
00:14:11
400 a.m. on Sunday yeah so it was the weekend yeah well this is a rural area um so uh you don't see curfews really
00:14:21
enforced a whole lot out in these parts um but basically the boys were staying the night at Don Henry's home M uh and
00:14:29
they they got there around 12:15 a.m. uh don lives with his parents Curtis and his stepmother Marvel Henry now the two
00:14:39
were supposed to be staying the night at Don's house they had known each other about 6 months uh they had become quick
00:14:46
friends hanging out together very often uh this was the summertime nearing the start of another school year so they
00:14:52
were you know the two of them were trying to make the most of their summer what what they had left right uh Kevin
00:14:57
had stayed at Dawn's Place once or twice before but Kevin's mother Linda was not
00:15:03
real excited about Kevin staying there that night uh in fact she had originally said no to the request because last time
00:15:11
he had stayed there she didn't approve of what went down on that occasion Don's father had called Linda the morning
00:15:18
after and asked if the boys were at her house right and she says she says no you
00:15:24
know they they were supposed to be at at your place I don't I don't know what happened here right so they did a switch
00:15:30
a rule well what what it turns out that what happened was that uh at some point Dawn had gotten an argument with his
00:15:38
father Curtis MH uh and then then after the argument the two boys went and decided to stay at another friend's
00:15:45
house that night um so Curtis maybe thought that they went back to Kevin's and it turns out that that was not not
00:15:52
the case well it's very embarrassing when you have a friend over and you get an argument with your parents mhm that's
00:15:58
always like you're like oh I'm really sorry that my mom's being a big old bee right now well I'm sure Kevin's parents
00:16:04
would have wished that they would have returned to to their place rather than just going to this yeah this unscripted
00:16:10
place that they ended up um so of course Linda was reluctant to let Kevin go over
00:16:15
there on this occasion but you know how it goes teenagers talk their parents into things uh so on that night the two
00:16:22
had been hanging out with some friends uh they were told to be home by midnight or 12:30 at the latest so once they were
00:16:29
back at Don's place they had asked Don's father Curtis if they could go out hunting uh this is spotlighting which is
00:16:37
an illegal form of hunting plus I wouldn't think that anything would be in season at that time of year now Don was
00:16:45
an avid Hunter so he was you know this activity sounds a bit strange to me uh but I get the impression that this could
00:16:52
have been a common thing here for him uh plus it doesn't sound to me as if Don's
00:16:57
parents or at least Don's father Curtis was the strictest of parents right well and some people remember what their
00:17:05
childhood was like when when it's summertime and they think you know some parents get a little more loose in in
00:17:12
the summertime and I I think that's okay well I used to be a you know have to be
00:17:17
in by a certain time but in the summertime a lot of times my parents would let me pitch a tent in the
00:17:22
backyard you know and have somebody stay over so really I wasn't totally under their watchful eye um but spotlighting
00:17:30
is where you go out with flashlights and a gun and when you come across some unfortunate animal and I don't know what
00:17:36
they were hunting for uh or maybe if they were just looking for any type of creature out there um but basically you
00:17:44
you shine your flashlight on the animal and the light beam will pretty much lock
00:17:49
up the animal like the old saying freeze up like a deer and the headlights well this makes the animal a very easy target
00:17:57
so they ask Curtis if they can go out spotlighting and he says yes and that is the last time that the boys are known to
00:18:04
be seen alive yeah last time that they're known to be seen Alive by any parents or close family members this
00:18:12
story which has not been covered often has so many twists and turns and I dare say maybe one of the most interesting
00:18:20
cases Most Fascinating cases with as many twist that you will ever hear in a case yeah it it it's crazy it starts off
00:18:29
as a small town case and it could be I mean it could be huge well it starts out as a as a small town case that people
00:18:37
think it's an accident or suicide MH the next morning Curtis the father he gets up around 5: a.m. and he wakes up his
00:18:46
wife Marvel saying that that Dawn should have been home by now but wasn't and he
00:18:51
tells her that he really thinks that something is wrong here Curtis goes out looking for the boys he knew where the
00:18:58
boys were going to go hunt uh so he headed to the woods near the train tracks he's out driving around looking
00:19:05
for Dawn and Kevin and while he's out there he passes a uh deputy and he slows down and he stops and he asks the deputy
00:19:14
if they had seen two teenagers out there running around the deputy asked who the
00:19:19
man was looking for and Curtis knowing that the boys were out hunting illegally he decided that he didn't want to name
00:19:27
any names right you know um so Curtis is going to continue on looking for the boys the
00:19:34
officer also didn't say that they had found two boys on the train tracks when when Curtis had stopped to talk to him
00:19:42
right after driving around for a few hours Curtis went home and he called Linda and he asked her if the boys were
00:19:49
at her place and of course now she's thinking oh no not again this happened last time and why the hell can't this
00:19:56
other parent keep the kids at his house right uh she asked if there was an argument uh he says no there was nothing
00:20:03
like that that the boys had simply went out hunting and they must have stayed out all night uh he told Linda not to
00:20:10
worry because Dawn had hunted often uh he was very responsible with a firearm and he knew the woods better than anyone
00:20:18
mhm Linda was beginning to get quite worried about Kevin though well and like we said we're 16 and 17y old and you
00:20:27
have your little stomping grounds so it seems like Don one of DA's stomping grounds was these woods and you know and
00:20:34
and back when I was uh probably you know elementary school and middle school there was Woods by my house and if you
00:20:40
took it you know if a parent came back looking for a kid they couldn't find their way around right but but the kids
00:20:46
knew how to get through every inch of that woods around noon the phone rang again and it was ctis uh Linda could
00:20:53
tell by his voice that this call was much different than the last call he says get over here quick they've been
00:21:00
shot and tied to the railroad tracks and they've been run over by the train now this might sound a little weird here but
00:21:09
Linda of course she she's in shock by what she has just heard yeah obviously but she she says that she was actually
00:21:17
somewhat relieved when she had a chance to kind of process what Curtis had said uh Linda was worried that the boys could
00:21:26
have been in a car wreck you know they were both young drivers at this time they both owned fast cars Don had a
00:21:32
firebird and Kevin had a Camaro right uh 1987 but yeah but she said what Curtis had told her sounded so absurd that it
00:21:41
couldn't have possibly happened that it couldn't be the truth right right so Linda drives over to Curtis Curtis
00:21:49
Henry's home when she pulled up to the place she sees Kevin's car at the end of the driveway and this makes her feel
00:21:57
very good uh she's immediately thinking that Kevin had returned to the Henry's and nobody
00:22:02
was in a car wreck and you know all is good again right maybe maybe something happened and maybe they were on these
00:22:08
tracks but they're okay now mhm well that feeling quickly left her as she's getting out of the car a deputy this is
00:22:17
Deputy Talent came out from the house and he asked her to come inside so we go here from from a lot of relief to very
00:22:26
worried Curtis right in front of the officer tells Linda that a neighbor had told him that the boys had been shot
00:22:34
they had been tied to the tracks and they've been run over by the train now the police officer he states that the
00:22:41
boys yes there there had been two boys that had been run over by a train now these boys had not been positively
00:22:48
identified yet and they were going to be checking dental records at the crime lab
00:22:54
to figure out who these boys were right but you have no whereabouts of your two of these two teenage boys mhm that you
00:23:01
know that they went out at night you know what area they went at yeah you know they went in the woods down by the
00:23:07
train tracks right and you now and they didn't come home and their vehicles are at your house M so this is this is very
00:23:16
Troublesome well Deputy Talent he asked Linda for a description of what Kevin was wearing the last time that she had
00:23:24
seen him um she describes this and he does say that that fit with the items that they had found at the
00:23:31
tracks um what led the officers to Curtis Henry's door they had found a camouflag baseball cap with the with a
00:23:41
Little Rock electric logo on it this is the electric company in the area right now Curtis was a superintendent with
00:23:49
that company and da had had one of those hats right Don wanted to become an electrician uh just like his father
00:23:57
father after graduating from high school and that summer he had actually kind of
00:24:02
Taken Don under his wing a little bit and would bring him into work with him and you know kind of show him the ropes
00:24:08
a little bit to see if this was something he actually wanted to do after graduating high school so unfortunately
00:24:15
this is a this is a hat that he knew that Don would have been wearing that night right so the writing is pretty
00:24:21
much on the wall yeah and unfortunately the boys would soon later be positively identified as the the two boys who had
00:24:29
been run over by the train that night right that being Don Henry and Kevin Ives now there are still plenty of more
00:24:36
weird things about that night that we haven't even got to yet mhm uh the first strange thing here is remember that at
00:24:43
the beginning of the show we had said that the Train's conductor had called another train that was passing on a
00:24:50
parallel track and he called them telling them to stop because they had just run over some boys uh well one once
00:24:58
the officers had arrived and they began scoping out the scene the sheriff's told
00:25:04
the other train that it could then continue on well this is before collecting some of the remains or
00:25:10
looking for potential evidence of a crime here right you know nothing stirs up a crime scene area like a giant train
00:25:17
passing through right next the crew had said that they and this is all three of the crew members they all got the same
00:25:26
feeling that the Sheriff's Office the the officers that were on the scene they said that they didn't even believe that
00:25:33
any of them were looking for any clues as to what had happened first off they were obviously looking at this thing
00:25:40
like it was an accident or a double suicide and not only that but the officers were overheard being told hey
00:25:47
treat this as a traffic accident yeah and and I'm guessing that this might have been the extent of their expertise
00:25:55
you know they were probably all famili with traffic fatalities but not very familiar with you know potential double
00:26:03
double murder scene and probably not a scene as complicated as this one uh this next bit is is extremely strange in my
00:26:12
mind regarding the sheriff's that night uh it's like they were trying to pull the old Jedi mind trick on the train
00:26:19
crew after listening to each of the crew memb statements the deputy and the lieutenant told the crew members that
00:26:26
they had all been mistaken that there was no tarp covering the boys do or do not there is no trash yeah they they
00:26:34
they simply told the guys that they were confused by how dark it had been that night and that there was simply no tarp
00:26:42
um the next thing that the sheriff's did was confusing too as well because they also seem to doubt the men's statements
00:26:49
that there was a gun present with the boys right and we know from Curtis from Don's father that they were out there to
00:26:56
hunt M so makes a lot of sense that there would be a gun beside the boys right right and we and we know that but
00:27:03
but the officers at the scene they don't know any of that information yet but it's very strange here Captain why would
00:27:08
they when you take the the train crew statements MH uh and then you're going to go out and look at the scene and and
00:27:15
unfortunately have this terrible job of collecting things there why would you have any reason to doubt them without
00:27:23
walking the scene yet why why would you even say that there was no tarp why would you say that there's no gun um I
00:27:30
don't even know why you would even question that wouldn't you just take their statements and not even make any
00:27:34
observations of your own until you've walked the scene well and as you're walking the scene maybe they're just
00:27:39
having a hard time finding these items so therefore well I can't find it so maybe you are mistaken I mean I I don't
00:27:47
think all that stuff is NE you know nefarious I think some of it is just simply well maybe you know it was super
00:27:54
dark you have this bright light coming from your train mhm and maybe you didn't see exactly what you think you saw I I
00:28:01
can agree with that I can agree with that the train is traveling very fast it's very dark out that night these men
00:28:07
are trained though to spot things on the tracks um that is one thing that they do
00:28:12
you know right but what what a law enforcement should do is just take the statement and if the statement is a
00:28:18
little off that's okay that is the statement from that individual not a statement that you guys made in a joint
00:28:25
effort right right and and don't react to those statements until you have an opportunity to check out the scene and
00:28:31
collect evidence to you know cuz they're probably walking in there thinking this
00:28:36
was an accident or this was a suicide it's the only things that seem to make sense here um but it's it's weird that
00:28:43
they have this kind of preconceived notion before even really collecting evidence yeah but we see this time and
00:28:50
time again with law enforcement it's you create a narrative and then you make that evidence fit your narrative instead
00:28:58
of collecting the evidence and collecting the statements and letting that create your narrative yeah and
00:29:05
while they're walking the scene with the crew members uh they even State several
00:29:10
times you know where so where is this alleged gun where where is the so-called gun that you guys saw we have law
00:29:16
enforcement creating a narrative mhm now we need to do autopsy on this bodies to
00:29:21
actually figure out you know that's going to point us in a direction too and this is where the first twist in this
00:29:27
story takes place we'll get to that right after this quick beer [Music] break this show is sponsored by better
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to answer call us at 1888 [Music] Freedom all right we're back cheers mates yeah we have two boys that are
00:31:58
found dead on the train tracks and we do have autopsies that we need to get to but I real quickly I want to go through
00:32:04
a couple more things about that night before we get to those autopsies mhm uh we had talked about the gun you know
00:32:11
that the the officers refused to believe the crew statement that there was a gun
00:32:16
president present that they had seen one right and like we said before Curtis uh
00:32:21
Henry Don Henry's father said they went out hunting mhm and while there're searching the crime scene they start
00:32:28
referring to this gun as the alleged gun or the so-called gun it was not until the Sheriff's Office had actually
00:32:34
recovered pieces of a shattered 22 rifle with that they would believe that there
00:32:40
was even a gun present right so they did recover shattered pieces of a 22 rifle uh there there were no bullets in it at
00:32:47
the time there was no tarp found um I could see a tarp just getting ripped to shreds uh you know if it's covering the
00:32:56
boys well possibly but you also have the other train mhm that just they let go mhm and I could totally see a a tarp
00:33:05
being trapped into a a train somehow yeah it gets pulled along you're exactly right and and not only that they're not
00:33:12
even looking for a tarp they're refusing to believe that it it exists right right
00:33:17
so as they're collecting evidence they they they weren't looking for these things and these things were scattered
00:33:22
for about a quarter mile of track and there was also other items that were found left at the track as well mhm so
00:33:29
the boys were the train incident took place on a Sunday well Monday morning comes and the deaths are reported in the
00:33:36
news and in the papers M so people start going down to the tracks to check out the scene um one group that went down
00:33:44
there they found a I like to call those people Whiskers Whiskers cuz they're curious like a cat well these people uh
00:33:52
be careful what you wish for they went down to the track this one group and they found a severed foot in the gravel
00:34:00
uh that was missed by the sheriff's department right so you don't believe that there is a gun you don't believe
00:34:05
that there's a tarp you find evidence of the gun mhm and then you leave a foot behind yeah right I mean and like we
00:34:13
said some of the police officers that were at the scene at the time said look you have to assume that this is a
00:34:20
homicide scene M and you need to do your due diligence so therefore we can get some answers and this is direct evidence
00:34:28
to point that they said well this is a suicide or accident case shut mhm well in fact it became it became well-known
00:34:37
knowledge that the sheriff's investigators never even roped off the scene um and some other people recovered
00:34:44
parts of the gun from that scene that the Sheriff's Office had missed well congratulations when they returned
00:34:51
Dawn's clothing to the Henry's um his stepmother found a small bag of pot in his pocket uh so the officers had missed
00:35:01
this entirely and two days after the boys's death the sheriffs they they offer a statement saying hey we haven't
00:35:07
ruled out anything except for Foul Play We ruled that out mhm yeah in review of the investigation it was learned that
00:35:14
the Sheriff's Office spent about a week on the investigation this mostly consisted of interviews with friends and
00:35:22
classmates of the two boys uh most of these interviews contained the same two questions well heck most of these
00:35:29
interviews only consisted of two questions one how much drugs did the boys use and two were they suicidal
00:35:37
right and this is what makes me go Bonkers man yeah it's it's again like we said they are they have a theory and
00:35:46
then they're trying to create the narrative and we see this time and time again it's it's just it's utter Malarkey
00:35:53
yeah and usually even in an accidental death when they are an invest when they're investigating it they will
00:35:58
typically ask friends and relatives well do you know anybody that would have wanted to hurt this person or why and
00:36:05
you know and this is not even a question that is posed to most of these people right but you're asking people the same
00:36:10
question are they suicidal how much drugs did they use and then it creates the story amongst the people that well
00:36:17
that's must be what happened here right and then and then obviously think about the family why would you why would you
00:36:24
tell your parents why one why would you spend the night with anybody and then why would you decide to oh well let's
00:36:30
just go hunting and uh let's now let's just lay down on the tracks and again like you said you'd have to have I mean
00:36:38
you'd have to have the balls nerves of Steel Man to lay there on that track MH and let that happen yeah well this story
00:36:47
obviously very quickly became big-time news all across the state of Arkansas Not only was the story A parents worst
00:36:54
nightmare but it was a strange and horrible story all at the same time of course the rumor mill ran wild and there
00:37:02
were a lot of theories regarding the deaths being traded around dinner tables dinners at local bars and you know all
00:37:11
over the state of Arkansas one of the things that I find a little creepy about this and uh our longtime listeners would
00:37:18
know we we covered the Phantom killer also known as the Tex Arcana murders mhm and and having the train come from Tex
00:37:28
Arcana adds a little bit to the creep factor for me the Sheriff's Office officially seemed to be describing the
00:37:34
deaths as an apparent accident but would not give it that official title yet stating that the official cause of death
00:37:42
would have to come from the State medical examiner's office unfortunately when the deputies were speaking with the
00:37:48
families they suggested that suicide was a more likely explanation right again coming up with your own narrative well
00:37:56
and both sets of parents disagreed with this thought uh from the beginning uh that you know there was no evidence that
00:38:04
the boys were suicidal there was some evidence that the boys had been using drugs uh one 1.9 gram of marijuana was
00:38:12
found in the pocket of Kevin's jeans right and not always is there signs of somebody struggling with you know
00:38:19
Suicidal Thoughts here's another strange thing to this story though Captain uh that is often not reported Kevin's
00:38:26
father Larry IES he was an engineer for the railroad uh the route that the train
00:38:33
was on that passed over the boys that route just months before it was his route really um and it was just pure
00:38:41
coincidence that that route was no longer Larry's or he would have been driving the train that night right so he
00:38:48
would have he would have been engineering the train that basically you know uh ran over his own son mhm the
00:38:57
parents obviously were devastated by the tragedy but they were also disappointed
00:39:01
in the Sheriff's Office and how they handled this incident they were anxiously awaiting the medical
00:39:07
examiner's ruling on the cause of deaths uh and they wanted answers obviously a week after the funerals the medical
00:39:15
examiner had finished his report and a meeting with the parents was scheduled when the parents arrived they were first
00:39:22
met in the parking lot by officers from the Sheriff's Office there was also an officer from the Arkansas State Police
00:39:29
there as well this was really good news to the parents as they had been requesting multiple times in this short
00:39:37
time period that the case be transferred to the state police um but that had not
00:39:42
been done uh Kev Kevin's parents brought a potential useful item with them Larry
00:39:48
and some of his friends went to the site where the boys had died when when they were there they found a large piece of
00:39:56
cardboard board the piece was large enough that it could have been used to drag two bodies on it there was also a
00:40:02
stain on it and that stain could have been blood right Larry knew that the Sheriff's Office didn't have the
00:40:08
technology or the capability to properly analyze it so he wanted to bring it directly to the medical examiner's
00:40:15
office in the parking lot he showed the piece of cardboard to the state police officer and he turns it over to him
00:40:23
there we have a 16 and 17-year-old and obviously just teenagers but they're becoming young men and you know you have
00:40:30
a lot of growth spurts at those times so we're talking about two big individuals
00:40:35
MH that you know now it's very possible if there was Foul Play that they were they were attacked on the train tracks
00:40:41
cuz we know that's where they're at but if they were attacked somewhere else and
00:40:46
they use this piece of cardboard anybody that knows it's like a sled push or something like and weightlifting yeah
00:40:53
you can put on a ton of weight but because it's on on a different surface you can drag that surface you know I
00:41:01
mean most people can't pick up a couch but people can push it around their living room M yeah and unfortunately
00:41:08
this possible piece of evidence um it's not seen again after this situation he the father gives it to the state officer
00:41:17
and he's told that it's going to get where it needs to go to be examined and that just simply doesn't happen right
00:41:23
and again the the my issue is you'd have to test this to one find out if it was blood if there was blood then we can
00:41:30
assume that this was used to maybe transport the bodies but here's the other thing about it this is the thing
00:41:36
that frustrates me is whoever used if that was used to transport the bodies then there's a good likelihood that
00:41:44
there was fingerprints on there right right and and and that's what frustrates me when the parents went inside to meet
00:41:52
the medical examiner uh this is famy Malik is his name uh they were yeah and his face looks
00:41:58
exactly like the way his name sounds okay uh but FY well the his face is very FY when the parents first met Malik they
00:42:08
found him to be weird uh when they first arrived Malik took polaroid pictures of
00:42:13
each parent and had asked each of them to sign forms so it was official as to who was in attendance at this meeting Oh
00:42:19
I thought you were going to say then he took pictures he took polaroid pictures of him then he asked him to shake it
00:42:25
like a polar pict Malik then passed out copies of His official ruling the statement read something like this at
00:42:32
4:25 a.m. August 23rd 1987 Kevin Ives 17 and Don Henry 16 were unconscious in a deep sleep on the railroad tracks under
00:42:44
the Psychedelic influence of THC marijuana right when a train passed over them causing their accidental
00:42:52
deaths the parents began questioning Dr Malik not really his ruling but they wanted more information because none of
00:43:00
them had ever heard of people passing out from THC right according to the parents Malik seemed very irritated at
00:43:08
the additional questions I think that he thought that they would simply hear his
00:43:12
final ruling accept it and then leave this is very surprising to me that he would not have expected questions or
00:43:19
that he would have seemed irritated at the additional questions given his amount of experience in these matters
00:43:25
you know no one handles a sudden death well and loved ones are always left with a lot of questions when someone suddenly
00:43:31
dies especially if it's your kids and especially if the circumstances surrounding those deaths are abnormal
00:43:39
this guy has the bedside manner of a wolverine he basically states that marijuana levels in the boys were
00:43:45
extremely High drawing a line on a chalkboard he writes a large Five Below the line and a 100 above it pointing to
00:43:55
the 100 he says this is how stoned they were well you know old Captain FY over here I think part of his annoyance is
00:44:03
that you know he's an expert in his mind and here's my findings and kind of how dare you question me yeah well of course
00:44:13
the parents are still confused as the doctor has not clearly explained this very well right uh when they ask him
00:44:20
what kind of measurement is that Malik snaps back and says it's units the parents wanted this explain to them in
00:44:27
an easier terms because marijuana was not something they were familiar with they didn't know if passing out was
00:44:34
possible or likely or or really what they wanted to know how much pot the kids would have had to have smoked to
00:44:42
achieve these high levels of THC Malik never really answers that particular question right the more the parents
00:44:50
question him or push him for reasonable answers the more the doctor gets upset with them and at some point he holds up
00:44:56
a large envelope stating that inside are the autopsy photos and in these photos is the proof that you are looking for
00:45:05
well the parents of course they they don't want to see these photos at all right and they told him that they didn't
00:45:11
want to see these photos yeah I don't know what parent would want to see that yeah they wanted toxicology results and
00:45:20
Malik insisted that they see the photos as crazy as this whole story sounds I believe this is true because remember
00:45:26
the officers are there with the parents at this time and at this meeting and we already know that they are not all on
00:45:33
the same page but one of the officers yeah just meaning that some of the officers think from the get-go this
00:45:39
should be this should have been looked at as a homicide and then some of the other ones just going this is probably
00:45:45
accidental or possibly suicide well and the officers know that the parents are dissatisfied with with the off officer's
00:45:52
investigation of this incident yeah and I think the officer Hearts would have to
00:45:56
go out to those parents and this is why this statement has to be true because one of the officers then stands up at
00:46:03
the table and this is an increasingly heated debate but he says pointing to the photos pointing to the envelope he
00:46:10
says they don't want to see those right uh that same officer as he begins to take his seat again he tells the parents
00:46:18
that Malik had told them that 20 joints is what the boys would have had to have smoked to to have that high level of THC
00:46:26
that you know I am not a you know pot smoker myself but I would just assume that 20 joints is a is a lot of joints
00:46:36
yes 20 joints would be a considerable amount of I mean even if you just put it in like terms of like cigarettes like a
00:46:42
normal cigarette package has 20 cigarettes in it MH so they would have had to smoke 20 cigarettes within
00:46:52
hours I I don't know but it sounds that way because he's pointing to the 100 Mark and saying this is how Stone these
00:47:00
guys were um it it seems like yeah but I would have walked up to that board and pointed to that 100 and said Mr FY this
00:47:07
is how much of an [ __ ] you are that's what that's what that 100 means well Malik he denies that he had ever told
00:47:14
the officers such a statement he says I never told the officers that it would have taken 20 joints um and the officers
00:47:21
they had reason to believe that the boys purchased a $ bag of marijuana on one of
00:47:28
their stops that night um the the police right it's man if you can get 20 joints
00:47:33
out of $10 of marijuana yeah it' be a bad business to be in because you could you you could spend $10 and be good for
00:47:41
quite sometime right uh the medical examiner's findings not only seemed questionable to the parents but most of
00:47:48
the citizens of Arkansas were pretty stunned by the ruling uh this is according to the newspapers the parents
00:47:55
decided to seek a second opinion they hired a second pathologist to review the deaths now this was a pathologist that
00:48:03
came recommended to them uh from other physicians in the area this is Dr JT Francisco he's located in Memphis
00:48:11
Tennessee he was charging the parents $200 an hour uh and he explained to them that he would preserve and test the
00:48:19
blood of both boys and the urine of Kevin they would be unable to test Don urine because his bladder had been
00:48:27
completely destroyed right and then also the this is the first time that the parents are aware that that his urine
00:48:34
hasn't been tested yeah so we're seeing some progress here for the parents uh they received the results from Dr
00:48:41
Francisco uh and he actually confirms Dr Malik's ruling uh he quoted the same levels of THC that Malik had reported
00:48:50
100 97 microG per milliliter for Kevin and 122 for Dawn okay upon further review of the material sent to the
00:49:01
parents from Dr Francisco's office they were able to determine that the results were from a test of Kevin's urine only
00:49:09
no blood from either boy or no urine from dawn were tested all right so he's agreeing with you know Mr FY yeah so
00:49:19
that they get Dr Francisco on the phone and after some debate on how he could have confirmed Malik findings with only
00:49:26
having tested the urine of one boy uh the doctor then admitted that they had arrived at the conclusion by inference
00:49:35
uh because his lab and the Arkansas lab followed standard procedures the confirmation of one test gave weight of
00:49:44
confidence that the other findings were going to be true as well right but couldn't they just test both of their
00:49:49
bloods but they didn't that's the whole thing they were led to believe that that
00:49:54
both sets of blood would be tested they didn't test any of that but they but they claim that they can back up Malik's
00:50:00
findings right so we have the IES family and the Henry family kind of getting [ __ ] around
00:50:05
again in February of 1988 the parents contacted members of the media to arrange for a press conference this is a
00:50:13
brilliant idea and they arrived at this plan because the longer this thing went on they were beginning to realize that
00:50:20
the only group interested in this case was the media no other group wanted to spend any time on this thing the day
00:50:27
after the press conference the families were contacted by Richard Garrett who is
00:50:31
the district Deputy prosecuting attorney Garrett wanted to help he told Linda that until he saw the press conference
00:50:38
he had no idea that the parents of The Dead Boys had been dissatisfied with the sheriff's department M he was going to
00:50:45
hold a prosecutor's hearing well what's that exactly well he he's hoping that they will reexamine the case but a a
00:50:53
prosecutor's hearing is not just unusual they are highly unusual these are intended for only special inquiries uh
00:51:01
particularly when the cause of death is in dispute well here the the cause of death is definitely in dispute I mean we
00:51:08
have two coiners saying well they they got super stoned and then they laid down on the tracks and they got ran over by a
00:51:14
train mhm and then the parents are going well that just doesn't add up doesn't make a lot of sense to us MH well the uh
00:51:22
Deputy prosecuting attorney Garrett he would introduce the families to a man by the name of Dan Harmon now Dan Harmon is
00:51:30
actually a guy that is off in a private practice he's not a prosecutor um but he's going to be brought in as a quote
00:51:37
unquote special prosecutor in this situation and he is going to make arrangements because he wants to get a
00:51:44
grand jwelry organized so that this case can be looked at by some fresh eyes and
00:51:50
decide if that an investigation should shift gears or if that there's a chance of a trial taking place here right right
00:51:57
so basically this grand jury is going to be set up they're going to look at the evidence and they're going to decide do
00:52:03
we need to reinvestigate this case or is it shut you know open and shut case where these guys smoked some pot and
00:52:12
then they had an accident where the train ran over them and more importantly if if the the cause of death is what's
00:52:19
in question what the big dispute is then can we get you know another odd autopsy
00:52:25
can we get other autopsies performed on these two bodies right and after a couple more autopsies are performed I
00:52:31
think part of it too is like you don't want the families uh of these you know victims they're victims of at least at
00:52:38
this point a tragic accident you don't want them to be dissatisfied with uh law enforcement and the way uh the coroner
00:52:49
or anybody else handled their loved ones case mhm so upon further review the grand jury the first thing that they're
00:52:56
going to do is determine if this cause of death is correct and their findings they're not agreeing with what Dr Malik
00:53:03
had stated and they basically overturn the cause of death as a possible accident as a likely accident to a
00:53:12
possible homicide well once that takes place they're going to need to bring in somebody to conduct a further
00:53:19
investigation into this autopsy and take a look at this thing and see if they findings are correct right so we already
00:53:27
have two autopsies done so this is technically going going to be the third autopsy done yes so this they will bring
00:53:34
in a man by the name of Dr Burton and they actually bring him in from Atlanta uh they wanted to bring in somebody that
00:53:41
had more experience and somebody with outside eyes that wasn't so privy to what was going on in the area they bring
00:53:48
in Dr Burton and what are his findings well to begin with one of the things that he found most disconcerning or most
00:53:55
important to this case is the shirt that was worn by Don Henry or allegedly worn
00:54:00
by Don Henry this is the shirt that was not on the boy's body when he was found this was found some distance away from
00:54:07
the track where the Torso and the body of Don Henry were discovered all right so don didn't have a shirt on but this
00:54:15
shirt was possibly ran over by the train yes yes this shirt as we know has a lot
00:54:20
of tears and defects in it a question that was raised as to whether These Tears or defects were made by the body
00:54:27
being pulled down the track by the motion of the train over the body of the victim what Burton did was he had took
00:54:35
the shirt to a private laboratory that he had worked in in Atlanta and they took one of these tears this was a tear
00:54:42
from the lower back area of the shirt that was kind of in the area of of an injury that they had found on the back
00:54:48
of Don Henry and they took a scalpel and they cut this defect out which measured
00:54:54
a little bit over over an inch in length they then took this defect and they analyzed it under a scanning electron
00:55:01
microscope which is a very powerful microscope and with this microscope they could tell whether the fabric had been
00:55:07
torn or cut with something like scissors or a knife right so what he's saying is
00:55:12
this cut on the shirt and the body was either made by scissors or a knife yeah well basically basically what he can say
00:55:21
is that the cut on the shirt it exhibited all the characteristics of something that was cut with a very
00:55:27
sharp blade um so there's there's no question as far as this being a tear or anything like that as far as Dr Burton
00:55:35
is concerned also around the cut in the shirt they found evidence of blood which
00:55:41
means which means that the the boy had probably bled through some kind of injury before the shirt was removed from
00:55:49
his body right so we're starting to assume that this uh injury was um premortem yes yes and and here's the to
00:55:59
kind of lay it out very quickly here of Burton's concerns right first of all we have the the knife he believes a knife
00:56:06
made this cut in the shirt second of all it's majorly concerning to him that this
00:56:10
cut matches up with a with an injury to the boy's back and that more importantly
00:56:16
that the shirt was not found on the boy's body meaning that if this was an injury that was sustained by the train
00:56:22
itself that you would expect to see you expect to see the the shirt still on the boy matching up with the injury
00:56:30
another thing that concerned Burton was an injury found to the left cheek of Kevin IES uh this was an injury that he
00:56:37
did not find consistent with any pattern that might have been made from being struck by the cow catcher in front of
00:56:43
the engine uh he explained that he sent photographs of the boy's injuries to a computer enhancement specialist and he
00:56:51
was awaiting those results so we have two things that he finds pretty odd mhm yeah these are injuries that would not
00:56:58
be consistent with with the train now the thing is once they get those results back Captain he finds as well as the the
00:57:06
Specialists that he sent them to they find that that injury to Kevin's cheek is consistent with that of being struck
00:57:13
in the face with like the butt of a gun and more specifically uh They said that the gun
00:57:20
that was found with the boys could have very likely made that injury or caused that injury it would have been a similar
00:57:27
type gun or that gun the other thing that's interesting here Captain is that he would find something in both of the
00:57:35
boys that would give him cause of concern uh this is the amount of congestion and fluid in the lungs of
00:57:42
both of the boys he felt that this was inconsistent with the type of injuries that one might expect from someone being
00:57:48
run over by a train when you have a sudden death occurring he feels that it's very likely
00:57:55
uh that the possibility exists that because there's this congestion and fluid in the lungs that both boys were
00:58:02
either unconscious or already dead when they were placed on those tracks they're
00:58:07
either dead or they're knocked unconscious and that's why they didn't move at all mhm and so that the train
00:58:14
possibly did cause their death but who put them there mhm who made them unconscious another thing that he
00:58:23
included in the autopsies as well and this is more opinion than it is fact um but he had agreed with the train crew
00:58:31
members stating that he he didn't see how anyone whether they be passed out from drug use or be sleeping on the
00:58:40
tracks how they would not have you know woke up as the train was getting closer and closer these these rails they
00:58:47
vibrate the the train was Extremely Loud anybody that even has ever stood next to
00:58:52
a train just on the ground you can feel the ground moving below your feet uh there was also a state trooper that was
00:59:00
involved with the uh grand jury who had gone down to the train tracks with with some other people witnessing him and he
00:59:08
timed this so that he would be arriving and he could he could do this little experiment as a train was coming he laid
00:59:15
down exactly how the boys were laying on the tracks MH and he jumped up from the
00:59:21
from the rails pretty quickly but he said that you know when this train was this train was still quite a ways away
00:59:28
maybe a quarter of a mile he said he felt the thing when it was like a mile and a half away from him he could feel
00:59:34
it coming down the tracks and then on top of that he said he he he got terrified and to the point where he says
00:59:39
he still has a little bit of like PTSD just from from that moment experiencing that little exp he was also conscious at
00:59:47
the time correct all right so this third autopsy it brings up some questions and
00:59:52
and it seems like it's not not that agreeable with the first two autopsies mm which I think you know causes a lot
01:00:00
of concern I think it also causes a lot of concern with the parents well as far as that second test goes and let's let's
01:00:06
call that a test rather than an autopsy because it was supposed to be a testing of the boy's blood and the boy urine um
01:00:13
you're exactly correct thank you and and but we know that that didn't take place
01:00:18
um but not only does this point out here that the the autopsies were wrong but now this really starts to make you
01:00:27
question the medical examiner himself uh you know what what is he up to why how would he have arrived at these
01:00:36
conclusions uh after performing an autopsy had a significant amount of time to perform these tests and he comes up
01:00:43
with a completely different ruling than what this this other guy comes up with from from Atlanta right and look then it
01:00:52
becomes which doctor is correct well because of this whole case we have a lot of interesting things come out about
01:00:58
Malik yes and Malik has all these autopsies that were ruled normally natural causes or
01:01:05
accidental and because of this you know because of the parents I applaud the parents they start stiring the pot and
01:01:13
then they start going back and looking at some of his other autopsies right we have a scenario where he ruled a guy
01:01:21
we're we're just going to tell you about some of the more Wild Ones let's call them wild and and we won't use any names
01:01:28
because these P these particular people are only involved in this case through Malik they have really no right you know
01:01:35
nothing to do with this case but this gives you an idea of some of the shenanigans going on with famy Malik
01:01:42
right so old Fami he you know rules this guy dies of a ulcer and not a big deal right that's
01:01:50
his ruling the guy died of an ulcer and everybody actually agrees with him says Hey Malik did his job again but they had
01:02:00
people find this guy's head yeah so he was decapitated apparently that happens naturally when
01:02:08
you have an ulcer uh your head just pops off right um so once they found this severed head they realized this autopsy
01:02:17
was completely botched yeah do do you want to know how he defended himself on that particular case sure so um here's
01:02:26
what happened here they they found the the dog that lived with this guy uh he actually lay dead in his home for for
01:02:33
quite some time uh the dog that lived there they recovered some of the dog's vomit and in it they found what what FY
01:02:41
believed to be uh evidence of of human tissue of of skin um so what had happened was fi said that the guy had
01:02:50
died and he laid there for quite some time and at some point the dog uh chewed on the neck until the point of
01:02:58
decapitating his owner um but of course the thing here is it it was all the evidence points to a very clean cut of
01:03:09
somebody killing this guy and taking off his head not the gnawing of a dog uh chewing chewing up this this guy's neck
01:03:18
right and then there's this other case where the guy this guy was suicidal he he he told told his family about it yeah
01:03:26
they they put him in in a place for treatment he wanted help right he went to his family he said help me out and
01:03:33
and goad right and it looks like he lost his battle with the you know suicidal thoughts and he hung himself right and
01:03:41
in this case Malik decides well it wasn't suicide it was actually an accidental death mhm and again it's just
01:03:49
stuff like that where it's like and this is just three examples of probably doz maybe a dozen or 20 of them out there
01:03:57
that that are pretty well known right and so the governor at this time is Bill Clinton MH and people are calling for
01:04:05
this guy's job saying look we got these two boys that now we believe there's good reason to believe that there was
01:04:11
some foul play and this guy is ruling this we dug up all this other stuff he's not doing his job and taxpayers are
01:04:19
paying for that they want him to C you know they want Bill Clinton to ask for his
01:04:25
resonation Bill Clinton says well I I'm not really in charge of doing that that's not really my thing so what do
01:04:32
they do do they fire him do they replace him no they give him a 43% raise where this leaves us now is we now have to
01:04:41
look at these two deaths as murders okay so we need to conduct a proper murder investigation mhm and why were these
01:04:50
things covered up and why does it seem that government officials and people at the medical examiner
01:04:56
office and the sheriff's department they seem to not want to investigate this thing properly right and at what lengths
01:05:03
are they going to go to or what is anybody going to go to to possibly cover up this murder there's so much more to
01:05:10
get into and we're just on the first episode of this yeah because if the cause of death can be overturned that
01:05:17
brings up so many more questions okay first of all if these boys were murdered why were they murdered what what
01:05:24
happened during those 4 hours between the time they left Don's house and the time that they're found on those tracks
01:05:31
what occurred during those 4 hours did they see something that they shouldn't have seen did they come across somebody
01:05:37
that they they shouldn't have come across what happened to those boys in that 4 hours well we have a really good
01:05:43
idea what happened because we have a bunch of eyewitness accounts we're going to have to get into that tomorrow yes
01:05:49
and don't forget to check out all of our old episodes they're available in the iTunes Store store and on our store Page
01:05:55
at true Crim garage.com thank you guys so much for sharing the thank you guys so much for
01:06:03
sharing thank you guys so much for sharing it with a friends family I just got a text message a couple minutes ago
01:06:09
saying hey I told somebody about your show uh they don't call it true crime garage they call it the captain show the
01:06:15
captain show well imagine that isn't that special all right we'll see you guys in the garage tomorrow and
01:06:23
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