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HARVEY?
Tinnel: EVERYBODY WANTED TO COME INTO THE STORE TO SEE DAD
AND, YOU KNOW, HEAR HIS TALES
AND SEE WHAT HE WAS GETTING INTO IT.
Darlene: HARV?
ARE YOU IN THERE? ARE YOU IN THE BACK?
HARV? HONEY?
Mullins: YOU COULD TELL HE WAS GENUINE.
HE WASN'T JUST, YOU KNOW, MAKING CONVERSATION.
HE WANTED TO BE YOUR FRIEND.
HE WANTED TO BE EVERYBODY'S FRIEND.
HARVEY?
ARE YOU BACK HERE? HAR--
[ GASPS ]
OH, MY GOD!
[ SIREN WAILING ]
-- Captions by VITAC -- www.vitac.com
CAPTIONS PAID FOR BY DISCOVERY COMMUNICATIONS
[ CROWS CAWING ]
[ SIREN WAILING ]
INITIALLY, THE CALL CAME OUT AS AN UNRESPONSIVE MALE
AT THE OLD DRUGS STORE DOWN IN CUMBERLAND GAP.
Narrator: AS THEY ARRIVE,
EMTs FEAR THE BELOVED 65-YEAR-OLD STORE OWNER
HARVEY FUSON'S HEART CONDITION
MAY HAVE FINALLY GOTTEN THE BETTER OF HIM.
BUT ONCE INSIDE,
THOSE FEARS ARE REPLACED BY SOMETHING MUCH WORSE.
HE WAS CLEARLY DECEASED
AND CLEARLY THE VICTIM OF A HOMICIDE.
I WAS IN MY VEHICLE WHEN I GOT THE CALL.
Narrator: ONE OF THE FIRST OFFICERS ON THE SCENE
IS HARVEY'S LONGTIME FRIEND SHERIFF DAVID RAY.
SHERIFF, HE'S GONE.
NO VITALS AT ALL?
NONE.
IT DIDN'T TAKE LONG TO SEE
THAT THIS WAS NOT AN ACCIDENTAL DEATH.
YOU COULD DETERMINE THAT HE HAD BEEN ASSAULTED,
MAINLY TO THE HEAD,
AND THAT THERE WAS
POWERFUL, POWERFUL LICKS BY SOME INSTRUMENT
BECAUSE OF THE BLOOD SPLATTER ON THE WALL
AND THE BLOOD SPLATTER AROUND THE BODY.
IT WAS OBVIOUS THAT HE HAD BEEN ASSAULTED.
Narrator: BORN AND BRED IN THE GAP,
AS THE LOCALS CALL CUMBERLAND GAP, TENNESSEE,
HARVEY FUSON IS A LOCAL LEGEND.
MOST WOULD SAY HE'S THE UNOFFICIAL MAYOR
OF THIS SMALL HAMLET IN THE HILLS.
IF YOU WENT TO CUMBERLAND GAP,
YOU WOULD MEET HARVEY FUSON 9 TIMES OUT OF 10.
IT'S OFF TO THE SIDE OF THE ROAD AND AWAY FROM EVERYTHING,
AND THAT'S --
YOU JUST THROW EVERYTHING IN NEUTRAL
AND SET DOWN THERE AND LET EVERYTHING GO BY YOU.
Narrator: TO HARVEY FUSON,
THE GAP IS MORE THAN JUST A PLACE TO SIT
AND WATCH THE WORLD GO BY.
IT IS HIS WORLD.
Mullins: HE LOVED IT HERE.
HE WAS BORN IN THIS TOWN,
JUST RIGHT DOWN THE STREET IN A HOUSE HERE
AND NEVER DID WANT TO LEAVE IT.
Narrator: IT'S NOT JUST HARVEY'S LARGER-THAN-LIFE PERSONALITY
THAT MAKES HIM A FIXTURE.
IT'S ALSO HIS BUSINESS.
THE OLD DRUGS STORE IS THE HEART OF THE TOWN.
OPENED BY HARVEY'S FATHER, HORTON, IN 1907,
HARVEY GROWS UP IN THE APARTMENT UPSTAIRS
AND MAKES A NAME FOR HIMSELF
RACING CARS AT THE NEARBY TAZEWELL DIRT TRACK.
HE HAD A FEW WILD-MAN DAYS.
HE ENDED UP WINNING THREE OR FOUR RACES, MAYBE FIVE,
AT TAZEWELL SPEEDWAY.
Narrator: HIS FANS DUB HIM "WOLFMAN,"
ALTHOUGH IT ISN'T BECAUSE OF HIS WILD ON-TRACK ANTICS.
Higdon: HE WAS HAIRY. GOLLY, HE WAS AN APE.
HE HAD MORE HAIR THAN ONE ANY HUMAN OUGHT TO HAVE.
IT WAS JUST ALL OVER HIS BACK AND CHEST.
Tinnel: AND THAT'S JUST HOW HE GOT HIS NAME WOLFMAN.
IT KIND OF GOT STUCK THERE FOR SEVERAL YEARS.
Narrator: IN 1966,
HARVEY MARRIES HIS HIGH-SCHOOL SWEETHEART, DARLENE,
AND THEY RAISE THEIR ONLY DAUGHTER, TERESA,
RIGHT HERE IN CUMBERLAND GAP.
THEY HAD A TRUST AND A BOND WITH EACH OTHER
THAT YOU DO NOT --
AND IT'S VERY RARE THAT YOU SEE NOWADAYS.
Narrator: TWO YEARS LATER,
HARVEY TAKES OVER THE REINS AT THE OLD DRUGS STORE.
BY THEN, THEY HAD SHUT DOWN
THE PHARMACY SIDE OF THE BUSINESS.
I NOTICED THE OTHER DAY YOU HAD A GUITAR HERE.
UH-HUH. HERE YOU GO.
YOU TRY THAT ONE.
Earl: THEY JUST DID ANTIQUES --
ALL THE KNICKKNACKS THAT YOU'D SEE,SOUTHERN-STYLE --
AND SERVED MILKSHAKES DONE THE RIGHT WAY,
MIXED UP, THICK, JUST DELICIOUS.
GOOD MORNING, DAN.
HEY. HOW YOU DOING?
GOOD. GOOD.
Higdon: FUDGE WAS LIKE YOUR GRANDMA WISHED SHE COULD MAKE.
YOU KNOW, HE COULDN'T JUST LET SOMETHING BE TRADITIONAL.
HE HAD TO PUT THE TOUCH OF HARVEY-NESS TO IT, YOU KNOW.
SO...
Narrator: THE SWEETS WERE ONLY PART OF THE APPEAL.
HARVEY'S SHOP IS LIKE THE TOWN SQUARE...
HEY! HOW YOU DOING?
GOOD TO SEE IT.
HOW YOU DOING, BUDDY?
HOW YOU FEELING, MAN?
YOU'RE LOOKING GOOD.
YEAH. YOU, TOO. YOU, TOO.
...THE PLACE TO CATCH UP ON THE GOSSIP
OR BUY OR SELL ALMOST ANYTHING
FROM BUSTED CUCKOO CLOCKS TO ANTIQUE BOAT MOTORS.
BUT ON THE AFTERNOON OF JANUARY 25, 2011,
EVERYTHING IN THE GAP CHANGES FOREVER.
[ SIREN WAILS ]
Higdon: ALL OF A SUDDEN,
ONE POLICE CRUISER BEHIND THE OTHER
WAS ABSOLUTELY FLYING GOING DOWN THROUGH THERE,
AND...SIRENS, AMBULANCES, AND EVERYTHING.
I WAS LIKE, "DAGGONE, SOMETHING BAD HAPPENED."
Narrator: AFTER FINDING HIS CLOSE FRIEND HARVEY MURDERED,
SHERIFF RAY VOWS TO DO WHATEVER IT TAKES
TO GET JUSTICE.
HE HAD BASICALLY GREW UP WITH HARVEY.
AND NOT ONLY WAS IT PERSONAL TO THE SHERIFF,
I THINK THERE WAS JUST REALLY A WANT TO SEE
THAT THIS KILLER WAS BROUGHT TO JUSTICE.
Narrator: WHEN SPECIAL AGENT JERRY SPOON
OF THE TENNESSEE BUREAU OF INVESTIGATION ARRIVES,
ONE LOOK IS ALL HE NEEDS
TO UNDERSTAND THE HORRIFIC NATURE OF THE CRIME.
Ray: DEFINITELY WAS NOT AN ACCIDENT, I CAN TELL YOU THAT.
Spoon: LOOKED LIKE HARVEY FUSON HAD A LOT OF HEAD TRAUMA,
A LOT OF BLOOD BACK THERE, A LOT OF BLOOD SPATTER.
[ CAMERA SHUTTER CLICKS ]
Narrator: IT'S OBVIOUS HARVEY MUST HAVE BEEN ATTACKED
WITH SOME SORT OF BLUNT INSTRUMENT.
BUT WHAT?
[ CAMERA SHUTTER CLICKS ]
ALL RIGHT. WE NEED TO TURN THIS PLACE UPSIDE DOWN.
WE'VE GOT TO FIND IT. IT'S IN HERE SOMEWHERE.
WE'VE GOT A STICK OVER HERE.
Narrator: AN INITIAL SEARCH OF THE STORE FOR THE *** WEAPON
FAILS TO TURN ANYTHING UP,
BUT INVESTIGATORS DO NOTICE
SOME CURIOUS MARKS ON HARVEY'S KITCHEN SINK.
OH, YEAH. YEAH. HERE.
HERE.
Effler: THAT STAINLESS-STEEL SINK
HAD BLUE PAINT RESIDUE ON IT.
WE FELT WE WERE LOOKING FOR SOME TYPE OF BLUE INSTRUMENT
THAT POSSIBLY COULD HAVE CAUSED HIS DEATH.
IT LOOKED LIKE
IT SHOULD HAVE SOME RELEVANCE TO THE CRIME AT THE TIME,
FROM THE POSITION OF THE BODY.
Narrator: OTHER THAN THE BLUE PAINT ON THE SINK,
NOTHING IN HARVEY'S STORE LOOKS OUT OF PLACE.
NOT EVEN THE CASH IN THE REGISTER HAS BEEN TOUCHED.
NOW, LET'S SEE IF HE HAS A WALLET ON HIM.
EVERYONE WHO KNOWS HARVEY KNOWS HE ALWAYS CARRIES $600 IN CASH.
THERE'S NO WALLET, SHERIFF.
I KNEW THEN WE HAD A ROBBERY.
Narrator: A ROBBERY? A *** IN CUMBERLAND GAP?
IT DOESN'T MAKE SENSE.
IT'S THE FIRST HOMICIDE THAT --
ACTUALLY DOWN IN THE GAP THAT WE'VE PROSECUTED.
Narrator: AS THE SEARCH FOR THE *** WEAPON CONTINUES,
OFFICERS BEGIN THE PAINSTAKING WORK
OF PROCESSING THE ENTIRE STORE FOR SMALLER CLUES.
Ray: THEY WERE THERE DOING THE CRIME SCENE,
TRYING TO LIFT PRINTS OFF OF THE FLOOR -- SHOE PRINTS --
TRYING TO LIFT FINGERPRINTS AND PHOTOGRAPHING
AND DOING THE THINGS THAT THEY DO FORENSICALLY
TO HELP IN A HOMICIDE INVESTIGATION.
Narrator: THERE'S JUST ONE PROBLEM
WITH DUSTING FOR PRINTS AND LOOKING FOR DNA.
EVERYONE IN TOWN
HAS BEEN IN HARVEY'S SHOP ONE TIME OR ANOTHER,
WHICH MEANS IT COULD TAKE WEEKS, EVEN MONTHS,
TO SORT THROUGH ALL THE EVIDENCE.
BUT WITH A KILLER ON THE LOOSE,
POLICE NEED ANSWERS NOW.
Narrator: IN HARVEY FUSON'S SMALL TOWN
OF CUMBERLAND GAP, TENNESSEE,
EVERYONE IS CONNECTED BY BLOOD, BY MARRIAGE,
OR JUST BY MEETING AT THE OLD DRUGS STORE'S LUNCH COUNTER.
THE GAP'S A PLACE WHERE EVERYTHING IS PERSONAL
AND ONE PERSON'S LOSS IS EVERYONE'S LOSS.
IT'S THIS WARM, SMALL TOWN WHERE EVERYBODY KNOWS EVERYBODY
AND YOU'RE MORE KINFOLK THAN YOU ARE STRANGERS.
HE JUST HAD A CONNECTION WITH PEOPLE.
HE WAS -- YOU KNOW, HE MAY HAVE JUST MET YOU,
AND YOU WOULD FEEL LIKE HE WAS YOUR FRIEND.
Narrator: SO, WHILE INVESTIGATORS
ARE INSIDE THE OLD DRUGS STORE
LOOKING FOR CLUES TO HARVEY'S ***,
LOCALS BEGIN TO GATHER TO MOURN HIS LOSS
AT THE SHOP NEXT DOOR.
I WAS JUST THINKING, "SOMETHING'S HAPPENED.
MAYBE A HEART ATTACK OR WHO KNOWS," YOU KNOW?
REALLY AT THAT POINT IN TIME, I'M STILL IN THE DARK.
THE INFORMATION WAS BEING WITHHELD,
AND THEN IT STARTED COMING OUT
THAT HE MIGHT HAVE BEEN A VICTIM
OF A SERIOUS BEATING AND A ROBBERY.
Narrator: THE NOTION THAT HARVEY FUSON
MIGHT BE THE VICTIM OF A VIOLENT CRIME
IS IMPOSSIBLE FOR FOLKS TO COMPREHEND.
[ INDISTINCT CONVERSATIONS ]
Earl: YOU KNOW, YOU JUST SAY TO YOURSELF,
"WELL, THIS DIDN'T HAPPEN.
NOBODY WOULD DO THIS TO THIS MAN."
I CAN'T GET AROUND SOMETHING HAPPENING IN CUMBERLAND GAP.
THERE'S NOT A RED LIGHT,
AND I THINK THERE'S ONE STOP SIGN, I THINK,
AT THAT FOUR-WAY INTERSECTION.
THERE'S JUST -- HECK FIRE, THERE'S NO REASON TO...
THERE'S NOTHING THERE TO CONSTITUTE CRIME.
I CAN'T UNDERSTAND.
ONCE I LEFT WORK, I CAME STRAIGHT HERE.
AND THE SHERIFF AND EVERYBODY WAS HERE BY THEN.
SO...
I'LL NEVER FORGET THAT DAY.
MNH-MNH.
WHO WOULD, YOU KNOW, DO SOMETHING LIKE THAT?
I WAS JUST FLABBERGASTED.
I WAS LIKE, "THIS CAN'T" -- YOU KNOW --
"THIS ISN'T RIGHT. THIS ISN'T TRUE."
Narrator: TWO HOURS INTO THE INVESTIGATION,
DETECTIVE DAVID HONEYCUTT COMES NEXT DOOR
AND ASKS TO PRAY WITH HARVEY'S FRIENDS AND FAMILY.
THAT'S WHEN THEY FINALLY HAVE TO FACE THE TRUTH.
Thacker: HE WAS IN CAR WRECKS AND, UH...
FOUR-WHEELER ACCIDENTS AND EVERYTHING ELSE,
BUT, UH...
HE WENT THROUGH THE VIETNAM WAR AND THEN COME BACK HOME.
AND A LITTLE TOWN LIKE THAT
IS SUPPOSED TO BE THAT PEACEFUL AND EVERYTHING,
AND THEN SOMEBODY COME IN AND DO SOMETHING LIKE THAT TO YOU.
Narrator: WHAT EVERYONE WANTS NOW IS JUSTICE FOR HARVEY.
Ray: THE PEOPLE ACROSS THE STREET,
THE PEOPLE NEXT DOOR,
THEY WERE ALL WANTING TO HELP, GIVING US INFORMATION.
WE HAD SO MANY PEOPLE COMING FORWARD.
WE WERE TRYING TO RE-CREATE THE TIMELINE OF,
WHERE WAS HARVEY THE DAY THAT HE WAS MURDERED?
Narrator: FROM HIS FRIENDS AND FAMILY,
INVESTIGATORS LEARN THAT HARVEY'S DAY BEGAN
WITH A SHORT 5-MILE DRIVE TO KENTUCKY.
Thacker: AND HE WENT TO MIDDLESBORO THAT MORNING,
AND HE STOPPED BY THE HOPSON BOYS' DENTAL LAB
AND TALKED TO THEM FOR A FEW MINUTES.
THEY WAS GOOD FISHING BUDDIES OF MINE AND HARVEY'S.
AND WE'D JUST ALL MEET OVER THERE AT THE LAB
AND TALK AND, YOU KNOW, SHOOT THE BULL.
Narrator: BY NOON, HARVEY'S BACK IN CUMBERLAND GAP,
BACK IN THE OLD DRUGS STORE.
AND THERE'S SOMEONE WHO CAN CONFIRM IT.
SUSAN BANE, WHO OWNS THE SHOP NEXT DOOR,
MAY HAVE BEEN ONE OF THE LAST PEOPLE TO SEE HARVEY ALIVE.
SUSAN HAD BEEN IN THE STORE AT APPROXIMATELY 12:30
TO PLACE A LUNCH ORDER.
SO, WE KNEW THAT HARVEY WAS MURDERED
SOMETIME BETWEEN 12:30 AND A LITTLE AFTER 1:00
WHEN DARLENE PLACED THAT 911 CALL.
Narrator: SHE ALSO TELLS OFFICERS
THAT WHEN SHE WENT NEXT DOOR TO GRAB A SANDWICH...
HOW ARE YOU?
GOOD. GOOD. HOW ARE YOU TODAY?
...HARVEY WASN'T ALONE.
A MAN WAS AT THE FRONT COUNTER CHATTING WITH HIM --
SOMEONE SHE'D NEVER SEEN BEFORE.
BUT NOTHING SEEMED AMISS.
WHEN SHE LEFT, HARVEY WAS FINE.
THERE WAS NOTHING THAT RAISED HER SUSPICION
THAT ANYTHING WAS WRONG.
SHE SAID THAT HARVEY SEEMED AT EASE WHEN SHE WAS IN THERE,
NOT LIKE HE WAS ARGUING OR FIGHTING WITH THE GUY
OR SCARED OF THE GUY.
SHE SAID HE FELT LIKE HE WAS AT EASE.
Narrator: SUSAN GIVES POLICE A GENERAL DESCRIPTION
OF THE MYSTERY VISITOR.
SHE SAID HE WAS KIND OF SMALLER IN STATURE,
MAYBE HAD A BALL CAP ON AND MAYBE A BROWN COAT.
Narrator: IT'S NOT MUCH TO GO ON.
AFTER ALL, BALL CAPS AND COATS
ARE PRETTY MUCH THE GO-TO OUTFIT FOR MEN IN THESE PARTS.
AND IT'S CERTAINLY NOT UNUSUAL
FOR A STRANGER TO BE PASSING THROUGH THE GAP.
Spoon: AND CUMBERLAND GAP'S UNIQUE.
IT'S RIGHT ON THE -- IT'S IN TENNESSEE
AND ON THE VIRGINIA AND KENTUCKY BORDERS,
SO YOU DO HAVE A LOT OF PEOPLE, WITHIN A 10-MINUTE TIME FRAME,
COULD BE THERE FROM ANY OF THOSE THREE STATES.
Narrator: IN FACT, AS POLICE CONTINUE TO TALK TO TOWNSPEOPLE,
THEY LEARN THAT ALL SORTS OF SEEMINGLY SUSPICIOUS CHARACTERS
HAVE PASSED THROUGH RECENTLY.
ONE PERSON SAID THEY SAW A CAR FROM OHIO
WITH TWO PEOPLE WEARING HOODIES,
WALKING AND GETTING INTO THAT CAR
AND LEAVING KIND OF FAST.
THERE WAS SOME INFORMATION ABOUT TWO GUYS COMING INTO A STORE
LOOKING FOR THE OLD DRUGS STORE,
KIND OF SUSPICIOUS-LOOKING GUYS.
BECAUSE THERE WAS SUCH AN INTEREST,
SUCH A WANT TO SEE THE PERSON RESPONSIBLE FOR KILLING HARVEY
BROUGHT TO JUSTICE,
ANYONE THAT SAW ANYTHING THAT COULD BE POSSIBLY BE RELEVANT,
THEY WERE COMING FORWARD.
AND WE'RE NOT DOING OUR JOB IF WE DON'T RUN THOSE LEADS DOWN.
Narrator: TRYING TO INVESTIGATE STRANGERS PASSING THROUGH TOWN
IS ALMOST IMPOSSIBLE.
Ray: WE WERE HOPING
THAT CERTAINLY IT WAS NOT SOMEONE PASSING THROUGH
BECAUSE THAT'S TOUGH --
I MEAN TOUGH, TOUGH, TOUGH --
TO TRY TO FIND THE PERSON WHO COMMITTED A CRIME
WHO HITS THE ROAD
AND GOES 500 MILES BEFORE THEY GET FUEL
OR 300 MILES BEFORE THEY GET FUEL,
TO TWO OR THREE DIFFERENT STATES.
SO, THAT'S ONE THING THAT WE WERE HOPING AND PRAYING
IN THIS CASE.
Narrator: AND THIS TIME, THEIR PRAYERS ARE ANSWERED,
BECAUSE FOLKS HAVE REPORTED
WHAT DOES SOUND LIKE A CREDIBLE SUSPECT
TO THE INVESTIGATORS --
A MYSTERIOUS DRIFTER
WHO'S BEEN SPOTTED AROUND CUMBERLAND GAP,
A MAN WHO FITS THE GENERAL DESCRIPTION
SUSAN GAVE INVESTIGATORS.
IS THIS THE MAN WHO KILLED HARVEY?
IF SO, WHY?
AND MORE IMPORTANTLY, WHERE IS HE LURKING NOW?
Narrator: FOR OVER 100 YEARS,
SURVIVING COLD WINTER DAYS IN CUMBERLAND GAP, TENNESSEE,
MEANT BELLYING UP TO THE COUNTER AT THE OLD DRUGS STORE
FOR A WARM CUP OF COFFEE AND A BURGER OR SOME CHILI...
[ Laughing ] THAT WOULD WORK BETTER.
...A TRADITION ABRUPTLY ENDED
WHEN STORE OWNER HARVEY FUSON IS FOUND MURDERED IN THE BACK ROOM.
IT BECAME PERSONAL TO EVERYONE INVOLVED
BECAUSE HARVEY WAS SUCH A BELOVED MEMBER
OF CUMBERLAND GAP.
Narrator: SOME LOCALS EVEN TAKE TO THE HILLS
LOOKING FOR THE ELUSIVE *** WEAPON.
Higdon: AND I SPENT HOURS UPON HOURS
WALKING THROUGH THE WEEDS AND THE BRIARS
AND LOOKING, HOPING THAT I WOULD FIND THIS
BEFORE THE LIKES OF ANY SNOW, RAIN,
OR THE SPRING GROWTH OF WEEDS
AND DIFFERENT THINGS COULD TAKE SOMETHING LIKE THIS IN.
AND YOU WANT TO KNOW WHO DONE THIS
AND WHY THEY DONE IT.
AND IF THERE'S ANYTHING THAT YOU CAN DO
TO BRING IT TO AN END, THAT YOU'LL DO IT.
Narrator: AS FOR THE POLICE, ALL THEY KNOW FOR CERTAIN IS
THAT HARVEY WAS KILLED BY BLUNT-FORCE TRAUMA TO THE HEAD
AND THE $600 HE ALWAYS KEPT IN HIS WALLET IS GONE.
BECAUSE THE GAP IS TOO SMALL TO HAVE ITS OWN CRIME LAB,
IT WILL BE DAYS OR EVEN WEEKS
BEFORE INVESTIGATORS GET ANYTHING DEFINITIVE
FROM THE PRINTS AND DNA THEY GATHERED AT THE SCENE.
BUT NO ONE IS WILLING TO WAIT THAT LONG FOR JUSTICE.
WE SET UP A COMMAND CENTER IN CUMBERLAND GAP,
BECAUSE WE WANTED TO BE CLOSE TO POTENTIAL WITNESSES,
CLOSE TO PEOPLE IN THE NEIGHBORHOOD, THE COMMUNITY,
THAT WE COULD INTERVIEW,
LOOKING FOR ANY INFORMATION THAT MIGHT HELP US SOLVE THIS ***.
Narrator: SEVERAL LOCALS TELL POLICE
THEY SAW A SHIFTY YOUNG GUY
HANGING AROUND TOWN THE DAY BEFORE THE ***,
COMPLAINING OF CAR TROUBLE.
LOOKED LIKE HE HAD BEEN WORKING UNDER THE CAR OR SOMETHING.
HE WAS DIRTY ALL OVER AND EVERYTHING.
AND PEOPLE SORT OF WERE SUSPICIOUS OF HIM,
YOU KNOW, 'CAUSE HE WAS A STRANGER.
SOMEBODY HAD TOLD US THAT HE HAD HAD SOME INJURIES ON HIS HEAD.
WE KIND OF LOOKED AT THAT AND THOUGHT MAYBE THERE WAS A FIGHT.
I'VE CHECKED THE BATTERY.
Narrator: THE GUY MENTIONED HE WAS DOWN FROM KENTUCKY
VISITING A GIRL OUT ON TIPRELL ROAD,
ABOUT 2 MILES OUT OF TOWN.
Thacker: HE DIDN'T HAVE MONEY TO BUY A BATTERY
OR WHATEVER HE NEEDED FOR HIS CAR
AND WANTED TO KNOW IF WE WOULD DONATE HIM MONEY OR WHATEVER
TO HELP HIM GET HIS CAR FIXED TILL HE COULD GET BACK HOME.
Narrator: IS THE TIMING JUST A COINCIDENCE,
OR COULD THIS GUY HAVE BEEN CASING HARVEY'S STORE?
THAT PERSON WAS A PERSON OF INTEREST.
WE HAD TO FIND THAT PERSON.
Narrator: SO, INVESTIGATORS HEAD TOWARD TIPRELL ROAD,
HOPING TO LOCATE THE SUSPICIOUS STRANGER.
HEY, YOU ANGIE?
ONE OF THE OFFICERS
HAPPENS TO KNOW THE GIRL HE WAS ALLEGEDLY VISITING.
WHEN THEY GET THERE, THE MAN HAS LEFT,
BUT THE GIRL GIVES THEM A NAME --
BILLY COOK --
AND TELLS THEM WHERE THEY CAN FIND HIM.
HE WAS LIVING WITH SOME OF THE NEIGHBORS OR SOMETHING.
THEY HAD A FIGHT OR FUSS.
HE WAS NOT STAYING IN THE SAME HOUSE WITH HER MOST OF THE TIME.
Narrator: POLICE TAKE BILLY INTO CUSTODY
AND BACK TO THE GAP FOR QUESTIONING...
ALL RIGHT, BILLY, WE WENT OVER YOUR RIGHTS A FEW MINUTES AGO.
IS THAT RIGHT?
...BUT QUICKLY GROW FRUSTRATED.
HE'S CLEARLY LYING TO THEM
ABOUT BASIC THINGS THEY ALREADY KNOW.
WHEN PEOPLE START TO LIE ABOUT THINGS LIKE THAT,
YOU GET TO WONDERING, WHAT'S THE REASON?
WHY WOULD YOU LIE TO ME ABOUT A ***?
WHAT HAVE YOU GOT TO HIDE?
YOU'VE BEEN FOOLING AROUND WITH US ALL NIGHT LONG.
Narrator: AFTER HOURS OF FRUITLESS QUESTIONING,
SHERIFF RAY IS RUNNING OUT OF PATIENCE.
YOU'RE GONNA HAVE TO TELL US THE TRUTH.
WE ARE WORKING A *** CASE.
WE DESERVE TO UNDERSTAND WHAT HAPPENED IN THIS CASE
SO WE CAN TELL THE FAMILY.
THE PROBLEM IS THERE'S NOTHING SPECIFIC TO HOLD HIM ON,
SO THEY HAVE TO LET HIM GO.
BUT BEFORE THEY DO,
THEY GET COOK TO AGREE TO COME BACK THE NEXT MORNING
TO TAKE A LIE DETECTOR EXAM --
A PROMISE HE DOESN'T KEEP.
STEP OUT HERE A MINUTE. LET US TALK TO YOU AGAIN.
FRUSTRATED, INVESTIGATORS HEAD BACK
TO CONFRONT COOK'S GIRLFRIEND ABOUT HIS DISAPPEARANCE.
SHE TELLS THEM BILLY'S GONE HOME,
HEADED BACK OVER THE MOUNTAINS.
Spoon: HE ACTUALLY HAD SOME FAMILY MEMBERS IN TOWN,
AND WE WERE ABLE TO TRACK HIM DOWN
THROUGH TALKING TO THEM WHERE HE USED TO LIVE AT.
AND HE HAD LEFT,
AND WE FIGURED HE'D WENT BACK THERE.
AND WE WERE ABLE TO TRACK HIM DOWN TO A TOWN UP IN KENTUCKY.
Narrator: IN CUSTODY AGAIN,
THEY HOOK BILLY UP TO THE POLYGRAPH MACHINE,
HOPING THAT THIS IS THE END OF THEIR INVESTIGATION
AND THAT THEY ARE MOMENTS AWAY
FROM ARRESTING THE MURDERER OF THEIR FRIEND HARVEY.
LOOK STRAIGHT AHEAD AND JUST RELAX.
DID YOU KILL THAT MAN?
NO.
BUT WHEN BILLY COOK PASSES THE TEST,
THEIR BEST SUSPECT TURNS INTO ANOTHER DEAD END.
Spoon: HE HAD TOLD US ABOUT BEING IN TOWN
AND WHERE THE INJURIES CAME FROM THAT HE HAD.
BUT I DIDN'T THINK HE HAD ANYTHING TO DO WITH IT
WHEN I LEFT THE INTERVIEW.
Narrator: WITH THEIR ONLY SUSPECT ELIMINATED,
THE POLICE ARE BACK TO SQUARE ONE,
AND ALL EYES ARE ON THEM.
IT'S TOUGH TO WORK A HOMICIDE FOR SOMEONE WHO YOU HAVE KNOWN
OR KIN TO YOU OR RELATED TO YOU IN ANY WAY.
BUT IT GIVES ME SOME ADRENALINE
TO KNOW THAT THE RESPONSIBILITY LIES WITH ME AND MY DEPARTMENT.
Narrator: THAT AFTERNOON,
POLICE RECEIVE ANOTHER IMPORTANT CLUE.
THE CORONER'S OFFICE REPORTS FINDING A CHIP OF BLUE PAINT
IN HARVEY'S SKULL.
Effler: THERE WERE LABEL FRAGMENTS RECOVERED
AND ALSO PAINT RESIDUE RECOVERED.
THE LABEL FRAGMENTS, WE FELT, WAS FROM SOME TYPE OF TOOL.
THE PAINT RESIDUE WAS BLUE IN COLOR,
WHICH WE FELT MATCHED THE PAINT RESIDUE
THAT WAS LEFT ON THAT STAINLESS-STEEL SINK.
SO, WE FELT WE WERE DEALING WITH SOME TYPE OF BLUE TOOL,
BLUE INSTRUMENT, THAT WAS THE *** WEAPON.
Narrator: INVESTIGATORS RETURN TO THE STORE
TO REDOUBLE THEIR EFFORTS TO FIND SOMETHING,
ANYTHING THAT'S BLUE AND COULD BE USED AS A WEAPON.
ONCE AGAIN, THEY HIT A DEAD END.
JUST A DAY AFTER FINDING HER HUSBAND MURDERED
ON THE FLOOR OF THE OLD DRUGS STORE KITCHEN,
POLICE ARE FINALLY ABLE TO SIT DOWN AND TALK
WITH HARVEY'S DISTRAUGHT WIDOW,
HOPING TO FIND SOME CLUE
AS TO WHO MAY HAVE WANTED HER HUSBAND DEAD.
DARLENE HAS NO IDEA WHO COULD HAVE DONE SUCH A THING,
BUT SHE DOES TELL THEM
THAT NOT LONG AFTER HARVEY LEFT THE HOUSE THAT MORNING,
SHE GOT A PHONE CALL
ASKING WHEN HE WAS GOING TO SHOW UP AT THE STORE.
HELLO?
NO. I'M SORRY. HE'S NOT HERE RIGHT NOW.
Spoon: AT 10:45 THAT MORNING,
A CALL FROM AN UNKNOWN MALE, UNKNOWN TO HER, CALLED,
LOOKING FOR HARVEY.
THEY SAID THEY WERE SUPPOSED TO MEET HIM IN HIS STORE,
AND HE WASN'T THERE,
AND THEY WERE JUST WANTING TO KNOW
IF SHE KNEW WHERE HE WAS AT.
IT'S A MALE VOICE SAYING,
"WE'RE DOWN AT THE STORE, BUT HARVEY'S NOT HERE."
CAN I TAKE A MESSAGE FOR YOU?
Narrator: AND EVEN MORE MYSTERIOUS,
THE CALL COMES UP ON HER CALLER I.D. AS A PRIVATE NUMBER.
BYE.
Spoon: WE FELT LIKE IT WAS VERY IMPORTANT TO THE CASE,
BECAUSE IT'S STRANGE THAT YOU WOULD BLOCK A NUMBER FOR --
NO OTHER REASON TO BLOCK THE NUMBER
IF YOU'RE JUST CALLING TO SAY, "HEY.
I WAS SUPPOSED TO MEET HARVEY AT THE STORE."
Narrator: THE CALL CAME IN
LESS THAN AN HOUR BEFORE HARVEY IS KILLED.
COULD WHOEVER MADE THAT CALL
LEAD POLICE TO A COLD-BLOODED MURDERER?
Narrator: IT'S BEEN TWO DAYS SINCE HARVEY FUSON,
THE OWNER OF THE OLD DRUGS STORE IN CUMBERLAND GAP, TENNESSEE,
WAS FOUND BEATEN TO DEATH UNDER HIS KITCHEN SINK.
INVESTIGATORS AND HIS FRIENDS KNOW
THE KILLER OF THE BELOVED SHOPKEEPER IS OUT THERE,
AND THEY ARE DETERMINED TO FIND HIM.
Higdon: IT WAS A MISSION. IT WAS A MISSION.
IT WAS JUST --
EVERY DAY WAS ANOTHER MISSION FOR THE FUSON FAMILY.
IT JUST...
IT JUST RANKED SUPERIOR OVER YOUR OWN LIFE IN LOTS OF WAYS.
AND YOU JUST --
IT'S THAT IMPORTANT TO YOU TILL YOU FIND SOME KIND OF CLOSURE.
WE DIDN'T UNDERSTAND WHY SOMEONE WOULD DO THIS.
THERE WAS NO REASON, YOU KNOW?
WE USED TO KID AND SAY, "YEAH, MAYBE BACK WHEN DAD RACED,"
YOU KNOW, OR SOMETHING.
BUT NOW? I MEAN, HE DID NOTHING.
HE RAN AROUND WITH HIS GRANDCHILDREN.
HE -- YOU KNOW, WE COULDN'T UNDERSTAND IT.
[ TELEPHONE RINGS ]
Narrator: AND NOW INVESTIGATORS HAVE SOMETHING TO GO ON --
THE MYSTERIOUS CALL THAT HARVEY'S WIFE, DARLENE, RECEIVED
LESS THAN AN HOUR BEFORE HER HUSBAND'S ***.
Effler: THE LOGICAL PLACE TO START IS,
LET'S ISSUE A SUBPOENA FOR THOSE PHONE RECORDS.
AND WE DID THAT, AND EVEN THOUGH THAT NUMBER HAD BEEN BLOCKED,
WE WERE ABLE TO GET A NUMBER
THAT TRACED BACK TO THE CALL THAT DARLENE RECEIVED
AT 10:45 A.M. THE MORNING HARVEY WAS MURDERED.
Narrator: TURNS OUT THE NUMBER IS UNLISTED.
POLICE COULD CALL IT AND SEE WHO ANSWERS,
BUT THAT RISKS TIPPING OFF THEIR SUSPECT.
THE ONE THING THEY DO KNOW IS
THE CALL CAME FROM WYOMING COUNTY, WEST VIRGINIA --
OVER 200 MILES AWAY.
THAT'S ALL SHERIFF RAY NEEDS TO HEAR.
I GET A CALL FROM THE SHERIFF ONE AFTERNOON,
AND HE'S WANTING TO GO UP THERE TO SEE WHAT WE CAN DISCOVER.
THAT'S THE TYPE OF DESIRE
THAT THE SHERIFF HAD TO SOLVE THIS CASE,
THAT HE DIDN'T WANT TO WAIT UNTIL A MORE CONVENIENT TIME.
THE TIME TO DO SOMETHING IS WHEN YOU GET THAT INFORMATION.
Narrator: SO, OFF TO WEST VIRGINIA THEY GO,
THROUGH THE GRIM BACK ROADS OF COAL COUNTRY.
Spoon: WE WERE EXCITED GOING UP THERE,
HOPING WE'D BE ABLE TO TRACK THE PHONE TO A LOCATION
AND BE ABLE TO TALK TO WHOEVER HAD THE PHONE.
ARMED WITH A CELL TOWER TRACKING PROGRAM,
INVESTIGATORS CRISSCROSS THE COUNTY
TRYING TO GET A MATCH.
WE SPENT SEVERAL DAYS IN WEST VIRGINIA
TRYING TO LOCATE THIS PHONE BY TRACING IT WITH THE PINGS,
WHERE THEY WOULD USE IT.
GOT UP THERE AND STARTED TRACKING IN THOSE HILLS,
AND JUST COULDN'T PINPOINT THE PHONE,
WHERE IT WAS ACTUALLY AT.
ARE YOU GETTING A TRACE ON IT NOW?
Narrator: IN DESPERATION,
THEY'RE FORCED TO SHOW THEIR HAND.
WE MADE A DECISION ON, LET'S JUST CALL THE NUMBER.
LET'S MAKE AN EFFORT BECAUSE WE'VE COME TO OUR DEAD ENDS.
Narrator: WHAT THEY GET WHEN THEY DO
IS AN EVEN DEEPER MYSTERY.
IT'S A RECORDING,
TELLING THEM THE NUMBER IS NO LONGER IN SERVICE.
AFTER SEVERAL AIMLESS DAYS IN WEST VIRGINIA,
THE DEJECTED INVESTIGATIVE TEAM THROWS IN THE TOWEL.
Spoon: WE LEFT UP THERE, UNABLE TO TRACK THE PHONE,
CAME BACK TO TENNESSEE
AND STARTED SUBPOENAING MORE RECORDS.
WE SUBPOENAED RECORDS FOR THAT PHONE.
THOSE RECORDS NEVER SHOWED THAT THAT NUMBER CALLED HARVEY FUSON
ON THAT DAY IN JANUARY.
Narrator: WHAT SEEMED LIKE THE MOST PROMISING LEAD YET
IS LOOKING TO POLICE LIKE ANOTHER DEAD END.
AS THE WEEKS PASS,
THERE'S LITTLE PROGRESS ON THE CASE.
BUT THAT DOESN'T MEAN THEY'VE GIVEN UP.
WE HAD TO DO A LOT OF INVESTIGATING WORK
AND A LOT OF GUMSHOE DETECTIVE WORK
TO FIND OUT WHO HAS THIS PHONE.
Narrator: FINALLY, IN EARLY APRIL,
FOUR MONTHS AFTER THE ***,
THEY GET SOME NEWS FROM THE PHONE COMPANY.
BUT IT'S NOT GOOD NEWS.
THE NUMBER WAS ASSIGNED TO A PREPAID CELLPHONE,
KNOWN ON THE STREET AS A BURNER PHONE,
WHICH MEANS IT CAN'T BE TRACED TO A SPECIFIC PERSON.
BUT ALL HOPE IS NOT LOST.
THE PHONE COMPANY WAS ABLE TO TELL US
THAT THIS WAS A TracFone
AND WHAT DAY THAT THAT PHONE WAS PURCHASED.
SO, THAT WAS REALLY THE BREAK THAT WE NEEDED.
Narrator: NOT ONLY THAT,
THE PHONE COMPANY TELLS THEM
THAT ALL PHONES OF THAT TYPE HAVE WEST VIRGINIA NUMBERS,
BUT THAT THAT PARTICULAR PHONE
WAS SOLD AT A CONVENIENCE STORE IN NEARBY MIDDLESBORO, KENTUCKY.
THE STORE HAS NO RECORD OF WHO PURCHASED THE PHONE,
BUT THEY DO HAVE SURVEILLANCE CAMERAS.
THE SHERIFF SCANS THROUGH FOOTAGE
OF EVERY SHOPPER WHO BOUGHT THAT TYPE OF PHONE
ON THE DAY IT WAS SOLD.
THERE IS JUST ONE PROBLEM.
NONE OF THEM ARE MALE.
AND DARLENE CLEARLY SAID THE CALLER WAS A MAN.
BUT THEN POLICE GET ANOTHER BREAK.
Effler: SOMEONE ACTUALLY PERSONALLY RECOGNIZES HER.
I'M NOT SURE IF IT'S SOMEONE THAT WE HAD SOLICITED
FROM THE MIDDLESBORO POLICE DEPARTMENT
OR THE BELL COUNTY SHERIFF'S OFFICE,
BUT SOMEONE ACTUALLY RECOGNIZES HER AS ANNA SMITH.
Narrator: AND ANNA SMITH HAS A BROTHER DONNIE.
DONNIE'S PRETTY WELL KNOWN
TO THE LOCAL AUTHORITIES ON BOTH SIDES OF THE BORDER.
HE HAS A CRIMINAL RECORD IN BELL COUNTY, KENTUCKY.
HE LIVED IN TENNESSEE FOR SOME TIME,
ABOUT A YEAR BEFORE,
AND APPARENTLY HE STOLE SOME TOOLS OR SOMETHING
FROM THE GARAGE WHERE HE HAD ACCESS TO.
DONNIE SMITH ACTUALLY FIT THE PHYSICAL DESCRIPTION
THAT SUSAN BANE GAVE US
BACK IN THE BEGINNING OF THE INVESTIGATION.
Narrator: AND THERE'S ONE MORE REASON
FOR INVESTIGATORS TO THINK DONNIE SMITH IS THEIR MAN.
Spoon: WE WERE ABLE TO GET SOME RECORDS
FROM THE BELL COUNTY SHERIFF'S DEPARTMENT IN KENTUCKY.
AND ON THOSE RECORDS, DONNIE SMITH ACTUALLY LISTED
THE PHONE NUMBER THAT WE WERE LOOKING FOR
AS HIS CELLPHONE NUMBER.
Narrator: INVESTIGATORS BRING SUSAN BANE IN
FOR A PHOTO LINEUP,
AND SHE CONFIRMS THAT DONNIE SMITH IS THE MAN
SHE SAW WITH HARVEY BEFORE HIS DEATH.
THAT'S HIM.
IT'S THIS GUY RIGHT THERE.
THAT'S THE GUY?
MM-HMM.
Effler: AT THIS POINT, WE'RE GETTING PRETTY EXCITED
THAT WE HAVE THE PERSON THAT'S RESPONSIBLE FOR HARVEY'S DEATH.
Narrator: WITH A POSITIVE I.D.,
POLICE ARE READY TO BRING HIM IN.
BUT THERE'S A SNAG.
A BIG ONE.
Spoon: IF YOU ARREST SOMEBODY IN KENTUCKY,
YOU CAN'T JUST AUTOMATICALLY BRING THEM BACK TO TENNESSEE.
THEY HAVE TO GO THROUGH AN EXTRADITION PROCESS.
AND WE REALLY DIDN'T WANT TO GO THROUGH THAT AT THAT TIME.
Narrator: SO THEY HATCH A CLEVER PLAN.
IT JUST SO HAPPENS THAT DONNIE'S GIRLFRIEND
HAS AN OUTSTANDING WARRANT IN CLAIBORNE COUNTY, TENNESSEE,
AND IS LOOKING AT SOME SERIOUS JAIL TIME.
Spoon: WE FOUND OUT THAT SHE HAD A PROBATION VIOLATION ON HER,
AND WE WERE ABLE TO WORK IT OUT
WITH THE DISTRICT ATTORNEY'S OFFICE,
WHERE THEY OFFERED HER SOME TIME,
A SHORT AMOUNT OF TIME TO SPEND IN THE CLAIBORNE COUNTY JAIL,
HOPING HE WOULD BRING HER FROM KENTUCKY TO TENNESSEE
TO START SERVING HER TIME.
Narrator: SHE TAKES THE DEAL.
AND THEN WHAT WE HAVE HERE IS SOME SURVEILLANCE CAMERAS.
Narrator: THAT MORNING,
POLICE ARE BUSY GETTING READY FOR HER ARRIVAL.
SHE'S DUE TO TURN HERSELF IN AT 9:00 A.M.,
AND THEY WANT TO BE SURE EVERYTHING IS IN PLACE.
Ray: WE'LL TAKE THESE ON UPSTAIRS --
ONE ON THE INTERIOR, ONE ON THE EXTERIOR,
AND TRY TO MOUNT THOSE UP TO WHERE WE CAN FOLLOW THEM
WHEN THEY COME INTO THE PARKING LOT.
Narrator: THEN AT 8:15,
45 MINUTES EARLIER THAN EXPECTED,
A TRUCK COMES AROUND THE CORNER.
SHE'S IN THE PASSENGER SEAT,
AND THE MAN DRIVING LOOKS AN AWFUL LOT LIKE DONNIE SMITH.
Ray: WE HADN'T PREPARED FOR THAT.
USUALLY, IF SOMEBODY'S GONNA TURN THEIR SELF IN JAIL,
THEY DON'T COME IN EARLY.
IT WOULD BE COMICAL
IF IT DIDN'T MEAN THEIR PRIME SUSPECT
IS SLIPPING RIGHT OUT OF THEIR GRASP.
Narrator: APRIL 12, 2011,
MORE THAN THREE MONTHS AFTER HARVEY FUSON'S ***,
THE PLAN TO LURE THE PRIME SUSPECT, DONNIE SMITH,
ACROSS THE BORDER TO TENNESSEE LOOKS LIKE IT'S FALLING APART.
Ray: THEY CAME A LITTLE EARLY.
WE WERE PREPARING TO SET UP TO MAKE THE STOP ON HIM
IF, INDEED, HE CAME AND DROPPED HER OFF,
AND WE WEREN'T 100% SURE IT WAS HIM.
Narrator: POLICE TAIL THE TRUCK
BUT STILL CAN'T GET A GOOD LUCK AT THE DRIVER.
JUST MINUTES AWAY FROM THE KENTUCKY BORDER,
THEY DECIDE TO ROLL THE DICE.
HOW YOU DOING, SIR?
GO AHEAD AND PUT YOUR HANDS
ON THE STEERING WHEEL FOR ME, SIR.
GO AHEAD AND STEP OUT OF THE VEHICLE.
JUST KEEP YOUR HANDS WHERE I CAN SEE THEM.
THE DRIVER IS NONE OTHER THAN DONNIE SMITH.
GET IN FRONT OF MY VEHICLE.
DONNIE ISN'T ARRESTED FOR THE *** --
NOT YET, AT LEAST.
Spoon: HE WAS PULLED OVER FOR AN OLD WARRANT, OLD THEFT WARRANT.
AND WE NEVER MENTIONED,
AND WE HAD THE PATROL OFFICER NEVER MENTION ANYTHING
ABOUT HARVEY FUSON OR THE *** INVESTIGATION.
Ray: NOW, I UNDERSTAND YOU'VE BEEN DATING DONNIE SMITH.
YEAH, THAT'S RIGHT.
MEANWHILE, DONNIE'S GIRLFRIEND
FINDS HERSELF IN AN INTERROGATION ROOM,
RATHER THAN A JAIL CELL.
IT DOESN'T TAKE LONG FOR HER TO REALIZE
SHE'S IN WAY OVER HER HEAD.
I'VE KNOWN HER SINCE SHE WAS A CHILD.
AND I KNEW HER PARENTS FOR 40 YEARS.
AND I THINK SHE REALIZED
THAT, UH...
I KNEW WHAT SHE NEEDED TO SAY.
SHE KNEW THAT WE KNEW A LOT,
AND SHE WAS WANTING TO HELP HERSELF.
Narrator: SHE TELLS POLICE THAT ON THE DAY OF THE ***,
SHE ACCOMPANIED DONNIE SMITH TO HARVEY'S STORE.
JUST AFTER NOON,
SMITH WENT INSIDE TO NEGOTIATE THE PURCHASE OF A BOAT MOTOR
FROM HARVEY WHILE SHE WAITED.
WHEN HE CAME OUT,
HE THREW WHAT LOOKED LIKE A CROWBAR
IN THE BACK OF THE TRUCK.
THEN THEY LEFT.
[ ENGINE TURNS OVER ]
[ ENGINE REVS ]
SHE TELLS US THAT WHEN THEY GET TO THE HOUSE,
THAT HE SAYS, "HEY, GET THAT CROWBAR OUT
AND PUT IT UNDERNEATH THE HOUSE FOR ME."
SO, SHE GETS IT OUT AND PUTS IT UNDERNEATH THE HOUSE
AND DON'T THINK ANYTHING ELSE ABOUT IT.
YOU'RE HOPING SHE'S TELLING THE TRUTH.
IT'S ENOUGH FOR A SEARCH WARRANT.
I'M CONVINCED THAT SHE'S TELLING THE TRUTH.
Narrator: LATE THAT AFTERNOON,
POLICE CONVERGE ON DONNIE SMITH'S HOUSE.
AND UNDER THE HOUSE,
JUST WHERE THEY WERE TOLD TO LOOK,
THEY FIND A CROWBAR --
A BLUE CROWBAR.
Ray: I MEAN, JESUS CHRIST ABOVE
HAD TO BE LOOKING DOWN ON HARVEY FUSON
AND THE CLAIBORNE COUNTY SHERIFF'S OFFICE
AND THE TENNESSEE BUREAU OF INVESTIGATION.
Narrator: THE PAINT ON THE TOOL TURNS OUT TO BE A MATCH
TO THE PAINT CHIPS FOUND IN HARVEY'S WOUNDS.
THE CROWBAR EVEN BEARS HALF OF THE MISSING LABEL
THAT WAS FOUND DURING THE AUTOPSY.
Ray: THAT'S BETTER THAN A BULLET AND A GUN,
WHEN YOU CAN TAKE THAT AND MATCH IT UP.
AND THAT WAS A VERY HAPPY MOMENT,
TO KNOW THAT WHAT WE HAD SPECULATED HAD HAPPENED.
Narrator: WHEN POLICE SIT DOWN TO TALK WITH HIM,
DONNIE SMITH CLAIMS
HE HAS NOTHING TO DO WITH HARVEY'S ***.
BUT THEN THEY START LISTING OFF
THE EVIDENCE THEY HAVE AGAINST HIM --
THE PHONE CALLS, THE CROWBAR,
A WITNESS PLACING HIM AT THE SCENE.
Ray: HE HAD NO IDEA.
HE DIDN'T KNOW THAT WE HAD ALREADY HAD A FULL CONFESSION
FROM HIS GIRLFRIEND.
WHY DON'T YOU JUST TELL US EXACTLY WHAT HAPPENED?
YOU KNOW THAT WE KNOW THAT YOU KILLED HARVEY FUSON.
I MIGHT AS WELL TELL YOU -- WE'VE BEEN TO YOUR HOUSE.
Man: WE FOUND YOUR CROWBAR.
Narrator: CONFRONTED WITH THE OVERWHELMING EVIDENCE,
DONNIE SMITH ADMITS TO USING THE BOAT MOTOR DEAL
TO LURE HARVEY IN.
ALL RIGHT.
[ INHALES DEEPLY ]
I WENT IN THERE TO TALK TO HARVEY ABOUT A...
ABOUT THE DEAL.
AND, UH...
HE JUST WAS FURIOUS.
WE GOT IN A FIGHT.
UH, CROWBAR WAS LAYING THERE, AND HE CAME AT ME,
AND I JUST HIT HIM OVER THE HEAD WITH IT ONCE AND LEFT.
DID YOU TAKE THE CROWBAR WITH YOU?
NO.
WHERE'D YOU GET IT?
IT WAS JUST LAYING BEHIND THE -- BEHIND THE COUNTER.
JUST...NEEDED SOME MONEY.
Narrator: THEN HE TOOK THE $600
HE KNEW HARVEY KEPT IN HIS WALLET.
AT ONE POINT, HE SAID, "YOU'VE DONE YOUR HOMEWORK."
I'LL NEVER FORGET THAT.
WHEN I GET THE NEWS,
WHEN THE SHERIFF DAVID RAY CALLS,
AND I WAS JUST SO OVERWHELMED.
I WAS JUST SO THRILLED
THAT THEY HAD, YOU KNOW, PINPOINTED SOMEONE,
THAT THEY HAD SOMEONE, AND THE NAME --
IT DIDN'T MEAN ANYTHING TO ME
'CAUSE I DIDN'T REALLY KNOW THE PERSON.
Narrator: DONNIE SMITH PLEADS GUILTY TO FIRST-DEGREE ***
IN EXCHANGE FOR A 45-YEAR PRISON SENTENCE.
FOR SHERIFF RAY AND THE OTHER INVESTIGATORS,
DONNIE'S GUILTY PLEA JUSTIFIES THEIR MONTHS OF HARD WORK,
AND IT BRINGS SOME KIND OF JUSTICE
FOR THE *** OF THEIR FRIEND HARVEY.
EVERYBODY LIKED HARVEY AND WOULD REMEMBER HARVEY
IF THEY HAD ANY CONTACT WITH HIM WHATSOEVER.
HE WAS JUST A BEAUTIFUL, WONDERFUL MAN.
IT'S SO GRATIFYING
TO SEE THAT THE PERSON WHO'S RESPONSIBLE FOR A DEATH
IS CAUGHT UP AND WILL FACE JUSTICE.
Narrator: BUT EVEN WITH DONNIE SMITH BEHIND BARS,
THINGS IN CUMBERLAND GAP WILL NEVER QUITE BE THE SAME.
IT'S LIKE A BIG CHUNK OF MY LIFE IS MISSING.
WE WOULD GO OVER THERE QUITE OFTEN,
THROUGH THE WEEK, ON THE WEEKEND,
JUST TO GO HAVE ICE CREAM, JUST TO HANG OUT.
YOU KNOW, WE DON'T DO THAT NO MORE.
[ Voice breaking ] I MEAN, WE'VE BEEN ROBBED OF SO MUCH.
IT WAS EERIE OVER THERE FOR A WHILE,
AND I DON'T KNOW IF IT'S EVEN GOT BACK TO EVEN NORMAL
OR IF IT EVER WILL.
Narrator: THE OLD DRUGS STORE SITS CLOSED,
VIRTUALLY UNTOUCHED SINCE THE DAY HARVEY DIED.
HIS WIFE, DARLENE, CAN'T BRING HERSELF TO REOPEN.
AND SHE STILL HASN'T BEEN BACK IN THIS TOWN SINCE THEN.
PROBABLY NEVER WILL.
YOU KNOW, SHE ALWAYS SAYS -- AND SHE'LL TELL YOU EVERY DAY --
SHE'S LOST HER BEST FRIEND, YOU KNOW?
THEY WERE CONNECTED DEEPLY.
AND, YOU KNOW, HER LIFE --
WELL, YOU KNOW, NONE OF OUR LIVES, ESPECIALLY HERS,
WILL EVER BE THE SAME.
NEVER.