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Transcript
00:00byron was laid out almost like one would be laid in the casket he was staged
00:07tommy tomalin and corey higgs were obviously on the suspect list you guys trying to put
00:16wrong but byron's friends charles and anthony might be hiding something
00:21we'd known charles and anthony for years anthony was so kind and patient my oldest son works for
00:32him and his brother well but i thought that was his brother
00:44yeah charles and tony are not brothers
00:47they're together they're mothers
01:17and then he asked me to marry him
01:29we were going to get married humphrey bogart style at the reality
01:34oh my head hurts
01:47it was all just crazy it was like wait what charles and tony are gay have been for 24 years
01:56now tony's leaving charles for my mother who's leaving my stepfather who raised us
02:05what the is happening i'm furious i'm so upset that i would introduce tony into our family and that the
02:15two of them would just blow it all up for their own selfish needs not only did that rock of your family
02:23get just completely destroyed you know charles and tony boom that's blown up too
02:30we brought laura in to interview her to see if anthony had disclosed anything to her about
02:44the murder of byron griffey did nancy told you about the death of byron charleston what do you play
02:52he just said they went out to go see a friend and have a lunch and they couldn't get onto the
02:58property they kept calling him and nobody came out to the gate to let unlock it and let them in and so
03:04they left and then the guy ended up dead that's it
03:09happening with party yeah i'm not so sure i don't know either one of these guys how much contact
03:22have you had with charles over the last five years times what do you know about charles charles
03:29is dangerous it scares me why and i don't know why my intuition will tell me that but it didn't tell
03:36be everything else if these guys are wrapped up in that homicide out east one can't let the other one
03:51well well we all say that but we all get surprised
03:55when you guys came to florence how did you guys introduce yourselves
04:10we did start off calling ourselves brothers initially figured that would help us get broken
04:19to the town yes charles and i were together for a long time but we weren't really
04:25close physically for the last 10 or 15 years there was no romantic inclination between us
04:38that had already faded by the time i was starting to have feelings for laura
04:43a few hours prior to this happening i just told charles bottom line is i'm not gonna stay with you
04:59charles's personality was controlling and i was okay with giving up businesses and personal belongings
05:08to just try and be happy laura told me that she was moving out she had a place to go and so i packed
05:15a bunch of clothes into a garbage bag and threw them in my car and went
05:22i knew that charles was very vindictive i knew there would be problems in the future
05:28but i was hoping to work through that always an optimist i guess before i had even gotten to laura
05:42charles had called her and let her in on everything so she was freaking out pretty bad
05:49i told her yeah it was true but we weren't together for years physically it was just basically a
05:57convenience because we were working the same businesses i told her i was going to go talk
06:03to charles again and i was hoping i could just reason with him to be human about it
06:10drove all the way home when i got there charles was gone somewhere so i left him a note
06:17i had business credit cards and the business phone so i just set it on the table and i just walked out
06:29i was a police officer in florence in 2012. i believe it was a sunday night when i got called
06:35into the police department they said hey anthony's missing there's a suicide note
06:399-1-1-1-1-2 emergency charles was thinking anthony was going to kill himself he starts crying you know
06:47he's he's really upset he was telling me you know he really loved anthony and he was hoping he was
06:52all right and he told us to check where the horses were my mom was so distraught she's like charles
06:59told me anthony's going to kill himself we have to find him so my friends and i started driving around
07:04town there's cop cars everywhere all the love going to the church the main street grill all the places
07:10you know so we're like oh man where would he go like what would he do where is he going to kill him
07:20i didn't know any of this was happening i was hanging out with my horses
07:28yes i had a firearm with me but at the time i always had a firearm with me
07:34a couple officers from the florence police department showed up so i just came wandering
07:42up hey what's going on guys and how you doing buddy and they're like fine how are you doing
07:48they were doing uh an evaluation to see if i was suicidal if i wanted to commit suicide i'd have done it
07:55there was no reason not to but i didn't because i wasn't going to commit suicide
08:00the officers took me to florence police department do you have any weapons on the arrow
08:10law enforcement did receive the note that anthony had authored some believed it to be an admission
08:18of guilt with the murder of byron griffey
08:20uh it says i hold no one responsible for my actions but myself please don't hold anyone else
08:39responsible for anything that i have done and then i signed it anthony that's right uh
08:44uh i don't know it's it was a personal note to charles about laura and that's all it was if i
08:53hadn't known cvi was going to read it i probably would have worded it differently we brought charles
08:59in so that they both could be questioned do you remember pretty much everything we talked about
09:03back in october about the byron thing would it be okay if we just squared up a couple of things
09:09because there's been some things that i've found the last couple months that have been causing me
09:13some concern let me just go ahead and give you a right real quick you're still under right so you
09:17are not i just want to make sure there's nothing else that you forgot we had realized there were
09:23inconsistencies in their story we were hoping at some point one would turn on the other and say
09:30something that hadn't been said before mark if you have evidence i don't believe you do it because
09:35i did nothing what have you guys
09:41when i learned that charles and anthony weren't brothers wow it was a sense of betrayal
10:00i think a lot of people in florence felt that way it was almost like the whole town got duped
10:07as an investigator for the freemont county coroner's office i would have to call funeral
10:14homes at strange hours of the night there'd be a call to charles giebler for him to come pick up
10:21somebody that just passed away and he'd just say hold on talk to anthony and then roll over and give
10:27the phone to anthony so you know at that point it's like well i don't sleep with my brother
10:34gay relationships have been in this world from the beginning of time it's nothing new it's who you
10:43are and some people can't accept that lying about who you are and not wanting to tell everyone is
10:51self-preservation it's really hard for me to wrap my head around how long of a relationship they had
10:58this was a full-fledged like life that these guys built together and so it's really hard that tony's
11:05never really addressed it or like talked about it and then being gay myself it's like you couldn't
11:11spot two other gay guys i do understand why it wouldn't be public information but they were like
11:18family to us they could have trusted at least us to to know their secret well as long as we're sitting
11:29here today i need to clear up some things tony there's none that's still a charles but looked at
11:36your cell phone records watched your travels that day when you left the farm you told me because you
11:44guys went and had lunch at pueblos there's about an hour of time that i need you to account for
11:52during the interviews with charles and anthony they stated that they left fowler about one o'clock
11:57they drove to pueblo they ate lunch at a buffet restaurant which they had a receipt for
12:04we contacted the buffet restaurant to see if we could get some surveillance footage from the cameras
12:10the cameras unfortunately the cameras had already erased themselves as we're putting the timeline
12:19together if they would have left fowler a little before one o'clock it's about a 35 minute drive from
12:25fowler to the buffet receipts showed that they were stamped in at 226 which you pay before you eat
12:33so there was almost an entire hour that was unaccounted for
12:42it does not take an hour and a half to get from fowler to the fake so rack your brain you know it'd be
12:47very easy if you hardly remember that date
12:54and you've got an hour of driving around no alibi other than each other you must have been mistaken
13:01do you remember what you told me the day i talked to you sunday the day after byron's death do you
13:09remember telling me what vehicle you drove out there it was a black mercedes s500 1997. it was the black the
13:19before normal okay here's what was bothering me the most i pulled the savannah's video from different
13:30locations i know you're not in the black mercedes in fact i can tell you exactly what you're driving
13:36i'm concerned why you're not being honest with me about that
13:40i'm afraid i don't know what you're talking about
13:47they say that they're driving their mercedes they decide to go to lunch then go by the home
13:52depot to buy the deck box that they're going to place out of the marina for their boat
13:57we got surveillance footage that shows where they had bought the deck box
14:03and the investigator was able to identify that they were in a white astro van
14:08that is totally inconsistent with them being in the mercedes
14:15imagine if you will how that looks the day after i'm talking to you you say black mercedes
14:21we're always says black mercedes and then i found out independently that you're in a different
14:26vehicle why are you being dishonest with us about the vehicle why would you lie about something as
14:34stupid as what vehicle you drove unless you don't i don't believe i was lying it must have been mistaken
14:41i could have sworn to the best of my knowledge the car that we drove down there was a black mercedes
14:49that was honestly primary mode of transportation for me and my brain told me that that's what i was
14:57driving that day because it made sense tony you're lying to me about what vehicle you're driving that
15:03day must have been mistaken the next day you forgot what vehicle you drove i didn't think there was
15:09any reason to have total recall of a an average day it wasn't an average tony a man died that day and you
15:17were there on his property when he died i didn't know that at the time i never made it past the gate i don't know
15:23what to tell you both charles and anthony seemed to forget that they were in the astro van
15:33there was no other seating in the van other than the two front seats charles and anthony had no intent
15:41on picking byron up and taking him anywhere that day because there was nowhere for an 80 year old man
15:48to sit in that van charles and anthony were not there to take their friend for a birthday lunch they
15:57were there to murder byron charles and anthony denied everything so we start going through and looking
16:12closer we learned they had some very deep dark secrets that made me think how can this case get any
16:20crazier
16:30cbi had told me that charles and anthony were suspects they had a motive to kill my dad
16:37i mean it's all about money the police were really focused on charles and anthony so it made me
16:47kind of second guess corey
16:53charles and anthony's the only ones that knew that he was going to the farm
16:58the farm itself is isolated there would be no way that a neighbor would have heard a gunshot
17:04charles and anthony's story was falling apart and during the investigation we uncovered some less
17:14than savory details about them
17:23i think most funeral directors want to generally help people
17:28and there's some that want to take advantage of people at their lowest point
17:31the funeral home i worked for had a great reputation in this community they've been in this community
17:38for generations and then these guys come in and just snowball everybody
17:45the people that hated charles and anthony were kind of the other business people in town because
17:50charles did not play very well with them
17:52a funeral director it's all about being professional you know you go out to somebody's house
18:02and take one of their loved ones out the door that has just passed away you shouldn't be in a t-shirt
18:10these guys just kind of did whatever they wanted
18:14charles would show up in cargo shorts flip-flops
18:16i just couldn't believe it i thought it was so unprofessional charles and tony they always put
18:23you in that situation where you were like whoo that's kind of sketchy or like morally cloudy
18:30they asked us to do a few shaky things here there felt like you were kind of like in the little mini
18:37town mob and charles was the mob boss then we were the henchmen
18:42these people were doing things that they shouldn't be doing i mean it felt like they were definitely
18:51out to get us a smoke grenade was thrown through the window of the mortuary and it's not like
18:58everybody in florence just has smoke grenades but charles giebler was heavily into weapons
19:03can't prove it was them but nobody else is going to do that
19:13and then years back right around pioneer day before the big parade had brought over the 39 packard and
19:21the 38 cadillac limo it was very important to bill holt the owner of the mortuary that those vehicles be
19:29in that parade we drove them over there the night before the next day all the ignition wires had been
19:39cut car wouldn't start somebody didn't want us in that parade and went and snipped the wires behind
19:46the dash it was obviously charles and anthony who else would do that
19:54charles always liked to talk about how he would get one over especially on the irs or the government
20:02or any kind of authority figure charles started that church so that he could become tax exempt
20:08and kind of funnel some funds through there
20:14that was definitely not the first like tax scheme charles told me that you would not believe
20:21the tax breaks the tax breaks that's why they did it one of the obligations that law enforcement has
20:31is to investigate the background of any potential suspect we became aware that charles had been found
20:38catfishing he was setting up these online relationships clearly sexual in nature in
20:44representing himself as a younger individual this kid in new york tell me about you uh facebook has
20:51this new thing this little role-playing kind of game it's just a game the kid in new york didn't think it was a game no he didn't
20:58charles had a rock and roll mortician persona that he was trying to keep up that he was
21:05you know younger in a band worked as a mortician so is this a little game you spend on the internet with these kids
21:12i guess so i confronted him about it he said it's just a role play
21:19i said okay whatever well the poor 18 year old kid in new york was pretty devastated
21:24you didn't know that charles was a 50 whatever year old man he thought he was a 25 year old little
21:31part-bodied kid charles the things that he did in his life like the catfishing and going into politics
21:40and the church being a bishop that played into his narcissism he liked to show off be the man that
21:49people were talking about charles definitely thought of himself as above the law maybe he thought of
21:55himself as the law is more accurate because he had his own sense of justice and he also had god on his
22:02side charles also liked to boast he would say if i was ever going to kill someone i would use a 22 to
22:10the back of the head they were very much a threat i believe to the community everything that charles and
22:22anthony did was all a scam and you've got to just wonder what happened to irene witte
22:33irene witte and her husband frank had lived in florence almost all their lives they operated the
22:40funeral home next door when frank witte died we took care of his wife because her family kind of just
22:49left her high and dry i'd heard bad stories from charles and tony about how awful irene's family was
22:58and they're the ones that took care of her they took her soup they fed her they took her to the
23:02doctor charles took over as a financial situation and a week before she passed away she had changed her
23:12will and left everything to them the number was 700 to a million dollars 100 believe charles was part of irene's death
23:26charles and anthony always spent money they liked to flash it around but after byron died they took it
23:34up a notch they bought boats jet skis they started spending money like crazy had this time business
23:42was slow charles and tony weren't making much money at all the color department of revenue was attempting
23:51to shut down some of the businesses that charles and anthony owned for failure to pay taxes so they
23:56were in financial trouble it made us believe that that would have been a large motive as to why byron was
24:07murdered the next step was to get a search warrant for the white astro van
24:18knowing that they had bought the deck box and that they were at the north shore marina
24:22we thought that they might have discarded the murder weapon divers were sent to look for a weapon
24:30unfortunately we were not able to obtain the weapon from the marina the evidence from the astro van
24:38came up empty there was no dna there was no blood in the astro van so again we were pretty much at square
24:45one at the same time we had not been able to rule out other suspects tommy
24:52tomlin and corey hicks tommy tomlin did take a polygraph which he failed we couldn't pinpoint where
25:01corey's whereabouts were and corey's alibi did have some holes in it as we began to dig deeper we found
25:09that corey had a very good motive to hurt byron so have you ever taken a polygraph before
25:16do you know anything about polygraphs i i don't know a whole heck of a lot about it other than
25:21heart rate breathing rate blood pressure you know all those nice physical things corey is extremely
25:27intelligent he can take control of any situation that you put him in how'd you sleep last night
25:35uh not so good what was going on with you last night i just couldn't shut my mind off thinking about
25:42today got out today i was just nervous and just running all of it through my head
25:49so what do you want this polygraph to prove today and that it wasn't there didn't have anything to do
25:55with it it's not me so i don't want to dredge up because it's obviously very serious and difficult
26:05for you to talk about what happened but when i'm outside looking in you have a pretty good moment to
26:18murder byron based on what i understand you made allegations that byron was sexually assaulted
26:38corey higgs was byron's step-grandson i still saw him as my friend even though i know it was ulterior
26:48early motivation fought his part yeah we got along really good if i was doing the sexual things that
26:59he wanted the gun had a dark side yeah about a year before the murder corey had said that byron would
27:10give him cash for sexual favors and that byron would take care of him that way was ever a time that you
27:19were consenting with him you could say yes i was consenting but i still didn't like the idea that was
27:27happening i didn't like him i mean i didn't like what he did to me i still feel bad and even though i
27:38shouldn't i still did i think corey accused byron because none of us were bowing down to him anymore to
27:49get him out of foster care accusing my dad just seemed like
27:59that would have been something he'd have done just to hurt us
28:03so byron is arrested when we had the conversation with byron after he had posted bail he said i did not
28:23do anything i did believe byron
28:26a case was opened and byron was charged with sexual assault on a child by one in position of trust
28:38byron was found guilty after that my dad couldn't see his grandkids he went from
28:49the most loving caring person
28:51the most depressed withdrawn person he was embarrassed and ashamed that people believed what
29:02corey had said he was scared that corey was going to sue him i've known byron for years we were friends
29:11several weeks before he actually died byron had said i have a letter to give to you
29:17it was a letter in a sealed envelope and he he said if something happens to me be sure you do an autopsy
29:27and look at this letter and he said it's just concerning because of the situation uh surrounding
29:34him and corey did he feel a threat against his life was was something going on that was a major concern to
29:41him that was going to happen what would have led corey to actually murder byron was my big thing
29:51time had passed the court case with him was over corey he didn't gain anything out of any of it
29:59other than being able to hold byron accountable corey lost everybody that was family to him
30:06um did you in order byron yeah did you ask anybody to do it for you no
30:16did you walk out to his house or to the farm and go into this i haven't been i haven't been on that farm
30:23for almost three years after corey had taken his polygraph the results came in and it was found that
30:35he passed it at that point in time corey was ruled out as a suspect we had no evidence that corey was
30:44there that he was involved that there's nothing that attaches him to this crime other than the fact
30:51that he had been molested by byron griffey so that ruled him out in our eyes i truly feel that if corey
30:59would have walked up to the farm byron would have been on the phone calling 911 i don't think byron would
31:05have willingly opened the door for corey prior to the murder during the investigation we begin to
31:14realize that there's another side to byron that people didn't know everybody knew the young males
31:23if you needed money for something you'd just go see byron he had ways of letting them earn money never
31:30got any specifics byron i think was embarrassed you have to remember that men of his age who were gay
31:42they didn't talk about it byron got a divorce long ago from lynette's mom i personally never spoke to
31:50byron about sexuality but i think that byron was extremely lonely as far as
31:58a partner type relationship tommy tomlin was someone who would do just about anything for money as time
32:10went on we started to hear that he was in a relationship with byron that he kind of withheld
32:15from us from the start so the next step was to meet with tommy again
32:29i'd like to clear this up tonight so why because i don't want to talk to you guys again then help me out
32:35there was a relationship between tommy and byron that was more than your everyday handyman he would
33:02do odd jobs around the house byron would invite him over to have turkey pot pies and to watch porn
33:13and byron would give him money for sexual favors
33:18i don't need to know the details but where did this happen outside at his house in town
33:23not on the farm i was happy you have now helped me to help you with tommy tomlin knowing his drug
33:34issues if tommy killed byron in a heat of passion it probably wouldn't have been at the farm and it
33:41probably wouldn't have been as clean as it was so it was at this time that we kind of started
33:48shying away from tommy as a top suspect what motive did he have i mean he could have worked for my dad
33:56every day and got money and now he gets nothing so i didn't see that tommy had any motive to do it
34:07this was a very hard case we felt that we were getting very close to making arrest warrants for
34:15charles and anthony but the moment we thought we had it figured out there was a turn and now we had
34:23another dead body on our hands a few months after byron's murder we felt that we were getting very
34:36close to being able to make an arrest of charles and anthony and we were in the process of drafting
34:43the arrest warrant and they were aware that they're being investigated for the murder of byron
34:57it was tough we're dealing with the family collapse my mom had left my stepdad dave for tony
35:05and now this murder investigation is fully happening and like charles and anthony are suspects
35:12but they were always assuring me that this was nothing and it was gonna go away
35:19charles was just absolutely wrought anger fear stress and you could just see it on him
35:31charles called and he told me anthony had left him and that they were going to be charged with murder and
35:38byron picked up the next day so he said you need to come get your dad's coins cbi told me to go then
35:46but i was scared and i didn't trust charles we knew that charles and anthony were accused of killing byron so
35:55we took harry tomlin with us just to be safe i am legally allowed to uh kill carrie so i brought a
36:06weapon with me basically i was their guardian angel
36:13charles and tony lived in a big beautiful victorian home that they had restored
36:19it was the first and only time i had ever been in their house we weren't allowed to go to
36:26the secret room charles and his friend were bringing everything to the living room
36:32when the state quarters came out there's 50 states my dad had bought four boxes of each
36:39they gave me back 60 boxes a couple pennies whatever it was nothing compared to what they took
36:49but charles said nothing no explanation as to where my dad's money went
36:56i was told there was a million dollars worth coins but there was a semantic amount missing
37:03when charles and anthony came out to the farm to get byron's coins they used a very heavy duty van
37:10charles and anthony loaded that van until it was squatting so you knew that you were getting to
37:19capacity when we went to pick up the coins we had just a regular pickup truck and
37:28it didn't even fill half of the bed like the truck didn't squat at all charles kept saying i
37:35wanted to show you something like he kept trying to get me alone in like the dining room area but i
37:43was scared of him and i didn't want to be in the room alone with him harry made sure that that didn't
37:48happen none of us were ever alone with charles
37:58as we were driving back from florence i called cbi and told them what all had happened and everything
38:04and after i hung up we kept driving
38:13and when we got about a pueblo west the passenger side window just shattered
38:18somebody came up and shot out the side window and then sped off and then at the next light flipped
38:28around and went back towards florence
38:31i don't know i think i'm lucky that i wasn't shot that night
38:45the next day i was trying to get hold of charles i had some questions about the funeral home
38:53i had chatted with pam at the restaurant and pam was trying to get hold of him also
39:00i got a call from angela who was running the mortuary she said she hadn't heard from charles and
39:07she wanted me to meet her over at the house and i told her absolutely not i i'm sorry i can't
39:15but tony brought pam the key to the house and we drove out to the house
39:22we were really kind of hoping the car wouldn't be there and then he'd just be somewhere
39:26but the car was there and so we went in and we couldn't find him upstairs
39:36and we went downstairs and found him in the downstairs bathroom
39:45so it's called the street
39:49my friends and we're going by charles's house and there's ambulances everywhere
39:59pull over just enough time to watch
40:02them
40:07pull him out on the stretcher and i was like what the
40:13there's a lot of unanswered questions about this case
40:27it would be nice if somebody stepped up and answered for what they did the questions that
40:34i still have 12 years later is ridiculous it's suspicious that charles passed away somebody
40:41wanted him dead i think it was a suicide because he didn't want to have to go through prison time
40:47a big unanswered question i have is what really happened to charles was he involved with byron's
40:57murder and what happened to all of byron's gold where did it go where did it all go
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