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Tuesday, November 22, 2016

The Wayne Mills Murder Case

     Jerald Wayne Mills grew up in the town of Arab, Georgia in the northern part of the state. At the University of Alabama where he played football, he earned a degree in education. But instead of becoming a teacher, Mills formed a band and for fifteen years performed primarily on the college circuit.

     Mills, in 2010, was charged with driving under the influence and reckless endangerment after he bumped a police officer who was standing on the side of the highway. Between tours in 2013, Mills busied himself by working on his seventh album. The 44-year-old was married and had a 6-year-old son.

     A friend of Mills, Chris Ferrell, owned the Pit and Barrel Bar located in downtown Nashville. In July 2013, police arrested Ferrell on charges of domestic violence and vandalism. The complaining witness in the case was a bartender he dated. Notwithstanding that arrest, Ferrell possessed a permit to carry a concealed handgun.

     In mid-November 2013, Ferrell and his bar were featured on a TV series on the Spike Network called "Bar Rescue." In the series, experts helped save struggling bars and nightclub businesses.

     During the early morning hours of Saturday, November 23, 2013, Wayne Mills and a handful of friends and acquaintances were drinking with Chris Ferrell in his bar after it had closed. Just before five that morning an argument broke out between Mills and Ferrell. The trouble started when Mills lit up a cigarette in the non-smoking section of the bar. The two men became so angry, bystanders, fearing violence, left the premises.

     Shortly after 5 that morning, a small group of people outside the Pit and Barrel heard three gunshots. One of the bystanders called 911.

     Police officers arrived at the bar to find Mills dead or dying from three shots to the head. One of the bullets had entered the back of his skull. A short time after being taken to Vanderbilt University Medical Center doctors pronounced Mills dead.

     Chris Ferrell told detectives that fearing for his life, he had shot his friend in self defense. As the only witness to the shooting, detectives accepted Ferrell's account pending further investigation and the results of the autopsy. The bar owner was not taken into custody.

     Detectives with the Davidson County Police Department, for ten hours following the fatal shooting, worked under the false belief that the man shot by Ferrell was Clayton Mills, a Nashville songwriter. Given the fact several people who knew Wayne Mills had witnessed his argument with Ferrell, then heard gunshots, it's hard to image how detectives didn't immediately acquire the true identify of the victim. And why had it taken them so long to sort out their mistake?

     On November 26, 3013, a spokesperson for the Nashville Medical Examiner's Office announced that while a forensic pathologist had performed the autopsy on Wayne Mills, results of that post-mortem work would not be released for up to fourteen weeks. The spokesperson also refused to say if Mr. Ferrell had sustained injuries from the fight.

     In the meantime, Wayne Mills' friends, fans, and family, having heard that one of Ferrell's bullets had entered the back of Mills' head, questioned the believability of the self defense claim.  A rumor surfaced that the shooting occurred when the men were standing on opposite sides of a physical barrier.

     On December 6, 2013, a Davidson County grand jury indicted Chris Ferrell on one count of second-degree murder. Following the indictment, the bar owner turned himself over to the police. Officers booked Ferrell into the Davidson County Jail and the judge set his bail at $150,000. At a bond hearing on December 16, the judge lowered Ferrell's bail which led to his release from custody.

     In January 2014, the Nashville Medical Examiner's Office released the Mills autopsy report. The victim had been killed by a single bullet to the back of the head. The absence of gunpowder staining around the entrance wound suggested the shot had been fired from a distance of at least eighteen inches. The shooting victim had also suffered two broken ribs, abrasions on his head and contusions on his chest, arms, forearms, left thigh and right knee. According to the toxicology report, Mills had a blood-alcohol level of .221, three times the legal limit for driving intoxicated. He also had amphetamine in his system.

     The Wayne Mills murder trial got underway in Nashville on March 2, 2015. In his opening remarks to the jury, Assistant District Attorney Wesley King said that the victim had been shot in the back of the head as he was leaving the bar.

     Defense attorney David Raybin told the jury that the defendant wouldn't have murdered his best friend, that the killing had been in self defense. "He [Mills] was my client's best friend. My client loved him and cared for him and wouldn't murder him," Raybin said. "Never in the ten years they had known each other was there ever a harsh, loud episode between them."

     Prosecutor King put songwriter Thomas Howard on the stand who testified that he saw Ferrell smack a cigarette out of Mills' hand that made Mills angry. "At that point Mills got up and turned around and said, "You ever smack my hand like that again, I'll kill you." Howard said he heard gunshots as he left the bar.

     After the prosecution rested its case on March 4, 2015, the defense attorney put 24-year-old Nadia Markum on the stand. She had been in the bar that night and said Mills and Ferrell were yelling at each other. While she didn't recall the specifics of the argument because she was drunk, she remembered Wayne Mills throwing a glass to the floor. Right after she exited the bar she heard three shots.

     On Markum's cross-examination, prosecutor King got the witness to admit that when questioned by the police, she had said, "All that Mills did was smoke a cigarette." She had also told detectives that Mills was trying to leave the bar when he was shot.

     Defense attorney Raybin, as his final defense witness, put Chris Ferrell on the stand. The defendant testified that Mills became agitated when he couldn't get a cab. "I can't get a cab!" he said. "There are no whores, and no f-ing cocaine here. Why am I here?" At the time of the outburst, Ferrell was walking around the bar turning out lights in anticipation of closing up the place. It was then Mills lit a cigarette.

     The defendant testified that he asked Mills to put out the cigarette. Mills refused, saying that he had helped "build this bar." Ferrell said he reached across the bar and grabbed the cigarette out of Mills' mouth, crushed it and threw it on the floor. Mills responded to this by saying, "If you ever take a cigarette from me again, I will kill you!" According to the defendant, he told Mills to leave the bar but not with the drink he held in his hand. To that Mills said, "If you talk to me like that again I'm going to f-ing kill you." Mills then threw his drink to the floor, smashing the glass into pieces, "You know what?" he said, "I'm going to f-ing kill you!"

     The defendant said that in response to that threats to his life "I fired in fear. I panicked. I believed he had a weapon."

     On March 6, 2015, the jury found Chris Ferrell guilty of second-degree murder. On April 28, 2015, at his sentence hearing, Chris Ferrell, in addressing the court, said, "I stand here today with the heaviest heart, conscious and soul. I will carry the memory of that horrible night forever. I am so sorry for my actions that in an instant changed so many lives." The judge sentenced Ferrell to twenty years in prison.

     

Friday, November 18, 2016

The Cracker Barrel Murders: No Escaping Kevin Allen

     In June 1995, the day he received word that he and his first wife were divorced, 35-year-old Kevin E. Allen assaulted his girlfriend, Janice Koerlin. A few months later, the diagnosed manic-depressive from Kirtland, Ohio, a town 20 miles east of Cleveland, married Koerlin. In September of that year, police arrested Allen after he tried to suffocate his new wife with a pillow. This was a man who obvioulsy had no business being around women. This was a man who needed to be locked up.

     In 2004, Allen filed for personal bankruptcy for the second time. (He had filed for bankruptcy in 1991.) Four years later, the police in North Royalton, Ohio arrested him, now married to his fifth wife with whom he had fathered two daughters, on charges of theft and burglary.

     In March 2011, Kevin and his fifth wife Katherina, who went by Kate and was ten years younger than him, lived in Strongsville, Ohio with their daughters Kerri and Kayla. That year Kevin and Kate filed for personal bankruptcy. They were in debt $60,000. Although Kevin Allen, with his short, thinning gray hair and his trimmed white beard looked like a friendly guy, he continued to be a bellicose, bad-tempered husband. People went out of their way to avoid him. In 2011, Allen went several months without paying his gas bill, and threatened to shoot anybody from the utility company who came to his place to shut if off. A gas company employee did go to the house, but with a police escort.

     In early April 2012, the domestic abuse had gotten so intense and frequent, Kate and the girls moved into a friend's house. On April 12, Kate decided to take Kerri and Kayla to the Cracker Barrel restaurant in nearby Brooklyn, Ohio to celebrate Kerri Allen's tenth birthday. Kate had invited her estranged husband, and in the relative safety of a crowded restaurant, planned to inform Kevin that she wanted a divorce.

     After the late dinner, while still at the Cracker Barrel, Kate broke the news that she was leaving him. Infuriated, Kevin stormed out of the restaurant, but instead of driving home, he circled the parking lot in his silver Jeep Liberty. Worried that Kevin might become violent, Kate, at 8:40, called 911. "I'm having some spouse problems," she said.

     Kate informed the 911 dispatcher that she had just told her estranged husband that she was leaving  him, and he hadn't taken it very well. At that moment, Kevin Allen was outside the Cracker Barrel restaurant driving around the parking lot. A few minutes later, as Kate spoke to the 911 dispatcher, Kevin re-entered the restaurant and approached her and the children carrying a single barrel shotgun. The local police rolled up to the scene just as Kevin disappeared inside the building.

     The police officers, aware that Kevin Allen had gone into the restaurant armed with a shotgun, decided to remain outside. They were afraid that if they went in after him, innocent bystanders could get shot in the cross-fire. The police were also worried that Allen, if confronted inside, might take a hostage.

     When Kevin Allen got to his wife's table, without saying a word, he aimed his shotgun and fired on her and their two children. The transcript of the 911 call, just before the shooting went like this:

DISPATCHER: "Wait in the lobby for the officers. Do not go outside. Let them talk to him, okay? "

KATE: "He's here and the police are here, too. I have to...." (Gunfire could be heard on the dispatcher's end.)

DISPATCHER: "Ma'am?"

     After murdering his wife and his daughter Kerri, and seriously wounding Kayla, Allen walked out the front door of the restaurant where he encountered the police. When he refused to drop his shotgun, the police opened fire, killing him on the spot.

     When Kevin Allen strode into the Cracker Barrel carrying the shotgun, bedlam broke out with patrons running for cover. The manager helped many diners exit the place through a rear door. None of the customers were injured.

     Medics  rushed Kayla to a nearby hospital where she survived her wounds. People have criticized the officers for not immediately entering the restaurant. But they were faced was a difficult dilemma. Had the police gone in, more people could have been killed. In reality, there is only so much the police can do. They cannot always save families from abusive, murderous husbands. There was no escaping Kevin Allen.

     

Wednesday, November 16, 2016

Emani Moss: The Brutal Life and Death of a Girl Georgia Failed to Protect

     In 2004, prosecutors in Gwinnett County, Georgia charged Eman Moss with assaulting the biological mother of his one-year-old daughter, Emani. Because Eman attacked his girlfriend in front of their daughter, the prosecutor also charged him with second-degree child cruelty. In return for his guilty plea, the judge sentenced Eman Moss to probation.

     Six years after the domestic assault, Eman and his daughter resided in Lawrenceville, an unincorporated suburb of Atlanta. Eman's new girlfriend, Tiffany Nicole Brown, lived in the apartment with them. In March 2010, the six-year-old told a teacher at Cooper Elementary School that she was afraid to go home with her bad report card.

     Emani's extreme fear of being punished at home prompted an inquiry by the Georgia Division of Family and Children Services. After finding evidence of abuse, the child protection agency turned the case over to the Gwinnett County Police Department.

     Gwinnett County investigators determined that Tiffany Brown, the girlfriend of the Emani's father, had repeatedly beaten the girl with a belt. On Emani's body doctors found scars, abrasions, scabs, and bruises on her chest, arms, back, and legs. A Gwinnett County prosecutor charged Tiffany Nicole Brown, an elementary school teacher, with first-degree child cruelty. Eman, the girl's father, was charged with child cruelty as well.

     Pursuant to an agreement with the prosecutor, Tiffany was allowed to plead guilty to the lesser charge of second-degree child cruelty. Because he and his girlfriend promised to take parenting classes, the charges against Eman were dropped. (The child services agency had signed-off on the plea bargain.) Everybody came out ahead in the deal except Emani who remained exposed to abuse. (I don't know if Tiffany Brown kept her teaching job.)

     In July 2012, Gwinnett County detectives opened another child abuse case on Eman and Tiffany whom he had since married. When investigators were unable to find sufficient evidence to back up Emani's claims that she was being beaten and denied food as punishment, the police closed the case. Shortly after being abandoned again by the government, the nine-year-old ran away from home. After finding Emani, the authorities not only returned the child to her private hell, they charged her as a runaway juvenile.

     At four in the morning on Saturday, November 1, 2013, Eman Moss called 911 from the Coventry Pointe apartment complex in Lawrenceville. Moss told the 911 dispatcher that his daughter had consumed some kind of poison and died. He said her body was in the apartment and that he was thinking of committing suicide. (Unfortunately this turned out to be a hollow threat.)

     Gwinnett County police officers encountered Eman outside the apartment complex standing in a breezeway. The 30-year-old led the officers to a trash can in the recreation area. Inside the garbage bin officers discovered the badly burned body of a girl. The girl in the trash was ten-year-old Emani Moss.

     The county medical examiner's office ruled the girl's death a homicide. According to the forensic pathologist who performed the autopsy, Emani had died of starvation. Her body had been burned postmortem. The medical examiner did not believe she had been poisoned.  (A toxicology report would later confirm the lack of poison in the girl's system.) According to the pathologist, the dead girl had endured periods of up to twelve days without food. She had been dead about three days.

     Eman and Tiffany Moss, charged with first-degree murder, cruelty to children, and concealing a body, were booked into the Gwinnett County Detention Center. The magistrate denied them bail.

     On June 8, 2015, Eman Moss pleaded guilty to the charge of felony-murder. As part of the plea bargain deal, he agreed to testify against his wife, Tiffany. Detectives believed that Tiffany had been the driving force behind the murder. Mr. Moss, according to investigators, had played a passive role in his daughter's torture and death. He had failed to protect her. In return for his plea, Eman Moss was sentenced to life in prison without the possibility of parole. Tiffany Moss, if found guilty as charged, could be sentenced to death.

    In November 2015, Tiffany Moss pleaded guilty to first-degree child cruelty and was sentenced to five years probation under the state's First Offender Program.
     

Thursday, November 10, 2016

The William Keitel Murder Case

     William Keitel and his wife Michele were married in 1989. The couple resided a few miles north of Pittsburgh in Ohio Township, Pennsylvania. In October 1996, following a tumultuous marriage and two children--William, 5 and Abbee, 3--William and Michele separated. Shortly after the split, Michele, 35, became engaged to Charles Dunkle, a 34-year-old from nearby Moon Township.

     In the evening of New Year's Day 1998, 45-year-old William Keitel sat in his Mercedes in the parking lot of the Stop 'N Go convenience store on Mount Nebo Road. He and his father, William Keitel senior, were waiting for Michele to arrive with the children pursuant to an a prearranged exchange. As on numerous occasions in the past, Michele had either forgotten about the exchange or was late.

     At nine-thirty that night, after William called the police, Michele, accompanied by the children, her father, and her fiancee, pulled into the convenience store lot.

     As William pulled out of the Stop 'N Go parking lot with his children in the car, Michele saw that he was armed with a handgun. (William had been issued a permit to carry the .38-caliber revolver.) Screaming that he had a gun, Michele ran after the Mercedes as it eased back onto Mount Nebo Road.

     William, realizing that his estranged wife was chasing his car, pulled into a neighboring beer distributorship parking area and climbed out of his vehicle with the gun in his hand. As Michele, her father--Mr. Charles Walker--and Charles Dunkle rushed him, William shot Dunkle in the chest at close range. With Michele on her knees next to Dunkle's body, William placed the barrel of the .38 to her forehead and pulled the trigger. When Mr. Walker tried to disarm William, the father-in-law was shot in the stomach.

     Michele Keitel and Charles Dunkle died on the beer distributorship's parking lot. Charles Walker survived his bullet wound. The Keitel children witnessed the mayhem a few feet away from their father's car.

     Charged with first-degree murder of Michele Keitel, third-degree murder of Charles Dunkle, and the aggravated assault of Charles Walker, William Keitel went on trial in Pittsburgh in October, 1998. His attorney, William Diffenderfer, presented a case of self defense that included putting his client on the stand to testify on his own behalf. Allegheny County prosecutor Edward Borowski, in the murder of Michele Keitel, sought the death penalty.

     The jury, following the one-month trial, found William Keitel guilty as charged. The jurors, however, rejected the death sentence by an eight to four vote. In January 1999, Common Pleas Judge Jeffery A. Manning sentenced Keitel to life in prison without parole. Three months later, prison administrators assigned him to the State Correctional Institution at Houtzdale located in Clearfield County, Pennsylvania.

     In 2010, William Keitel's 18-year-son, a high school senior, died when his car collided with a telephone pole.

     At one in the afternoon of August 2, 2013, after returning to his cell following a work assignment, William Keitel's 43-year-old cellmate beat him severely. The 59-year-old convicted murderer was rushed by helicopter to a hospital in Altoona, Pennsylvania where, nine days later, he died from the beating.

     The federal appeal of William Keitel's conviction and sentence pending before the 3rd Circuit Court of Appeals in Philadelphia died along with him.