12. Killer Eyes

Previously On Ice Cold Case

You’ve closed on Daryl? It’s not him?
No, no, no. I still think it was Daryl there.
How did you hear about my podcast? 
Omar doesn’t really have the – the killer eyes. Daryl Smith got the killer eyes.
Like JC ain't never did nothing to me.
I am just so glad that you are not scared.
Nobody from East Wheeling would ever go across that bridge
You didn't think I'd show, huh
Well, I never expected to hear from you ever in my whole life.
It’s just frustrating. It just feels like I'm, like, running in circles.
Indeed
What do you think happened?
My guess is as good as yours.

Part 0: A Constant Loop

I’m trapped in a constant loop.

Since my first interaction with the Belmont County Sheriff’s Department, they’ve told me that Daryl Smith was their guy. Who lets a murderer get away with it for over twenty years without trying to find evidence, witnesses, or anything that could convict them? If they really believed it was Daryl, not only is it lazy, it’s a huge public safety concern for the people they are supposed to protect. 

I’ve been told on several occasions that there’s something about Daryl Smith’s eyes that make Belmont County officials believe that he was the killer. If I can't convict someone based on a gut feeling, you certainly shouldn’t be able to convict someone based on their eyes. 

But now I’m sitting across a table from those “killer eyes” and they don’t tell the same story that I’ve been hearing from the police. I know something is off – but I can’t put my finger on it. And It’s even harder to look for something when you don’t know what you’re looking for.

Part 1: You Got It All Wrong

I was pretty confident in my original theory – it was all adding up. But that was sort of the point of all of this – to find out for sure who killed my dad. My theory was based on a lot of factors: the police report, the context I was given from people who were around at the time, and documented court hearings. Talking to Daryl was supposed to give me clarity, not make me more confused. But my conversation with him was a launchpad for a new side of my investigation – instead of trying to prove that Daryl killed my dad, now I’m trying to convince myself that he didn’t. 

Daryl swore he was not there when my dad was murdered. He told me he was with his girlfriend Jill Templin… He said that they were up on the hill. There’s only one person who could corroborate that -  Jill. I didn’t need to look very far for her, because she had found me.

My husband and I were so very interested. I don’t know how I saw it but I was like “oh my god” and it – it hits close to home obviously because I know all the names and I remember that happening. So he kept saying, “Jill, reach out to her. Reach out to her. So that’s why I did.”

The reason why I reached out is because I know in my heart of hearts as much as I – I say I can’t stand him. Um, I know he didn’t do it.

Jill hasn’t spoken to Daryl since the early 2000s, they share a child but have no relationship – cordial or otherwise – at all. She owes Daryl nothing, and was never considered a suspect herself. She has nothing to prove and made it very clear that she was with Daryl that night and into the morning. According to her, it couldn’t have been Daryl in Omar’s house that day.

Being with him I know he didn’t physically have anything to do with it. I remember that the projects were being tore down and we ended up there that evening. Um, basically stayed up there all night. And I – the biggest thing that I remember is when we went to his mom’s house the next day. I don’t know if it was his mother or if Daryl – because of all his background history of being in trouble – he or someone said there’s undercover cops at both ends of the streets. And that is when I don’t know if it was his mom or somebody had called him to say what had happened to your father and sure is I don’t know what – he left and I think he left to see if they were going to pick him up which they did.

The police questioned Jill twice and she told them the same story that she told me, which also matches Daryl’s story. She was at the trial. I asked her why the police still believed it was Daryl after she came forward as his alibi. Jill points back to Kim, saying that Kim’s testimony had all eyes on Daryl.

I do know – I can’t remember what relationship it is to you but his girlfriend at the time was a white girl and she was adamant, “it was him. It was him. It was him. It was him.” That was the whole time in the courtroom. She just kept pointing at Daryl and pointing at Daryl.

Kim even told me that she was pretty sure Daryl was there.

That voice still sticks in my head.

So why would the Belmont County Sheriff’s Department let Daryl go?

Daryl said something really interesting in his first message to me when he reached out – He said “I passed a polygraph with flying colors. That’s why I was not indicted, not because Omar couldn’t get it right at Grand Jury…”

Cause I did go to that first initial hearing or whatever it was. Um, and then I know he spent I don’t know how much time there. He did the polygraph test and then he was released.

Part 2: The Polygraph

Polygraph tests are inadmissible in court – meaning they can’t be used as evidence. There are a lot of external factors involved in a lie detector test. The accuracy of the test results can vary depending on the person administering the test, the machine used, and the person taking the test. Polygraphs are not scientifically reliable enough for use when the stakes are so high. It is well documented that certain people can pass the test while lying and others who are telling the truth can fail the test. But in my case, given the context, I can’t ignore the fact that Daryl took and passed a polygraph test. Mostly because… this is the first time I’m hearing about it. 

Detective DeVaul told me that in 2002, Butchie passed the voice inflection test, which is Belmont County’s version of a lie detector test.

He had a look on him that I could tell… he had nothing to do with it.

That was enough for them to dismiss Butchie as a suspect. Why wouldn’t that be enough for Daryl, especially if he provided an alibi?

How Daryl was issued the lie detector test is even more jarring. Daryl went all the way to the Grand Jury for my dad’s murder and while he was in jail, he requested a copy of the case files. As read through them, he realized something – every other suspect had been issued a polygraph test… except him.

I’m sitting around like my life is over. These people are really trying to do something bad to me for something I have no clue what happened. I wasn’t there. I didn’t have any knowledge of it. So that same officer. He came and pulled me. I was like “listen – my lawyer isn’t doing anything for me. I don’t know nothing about what’s going on.” I said, “can you get me a copy of the police report?” He looked at me. And this is how I knew he was real, he came back like a half an hour later with the initial police report. So I’m combing through the police report. You know I have a good eye for particulars and details. So I’m breaking this shit down and shit I’m like wait a minute – Nippert came and said this. There’s a discrepancy here. There’s a discrepancy here. Omar says this. He recanted that. Kim says this. She can’t pass a polygraph. They gave Butchie and anyone else that was considered a suspect a polygraph. So I’m sitting here like hmmm… I’m taking my notes. Shit’s not adding up. But I’m still sitting in jail – prison – jail and shit awaiting trial for this murder that I had nothing to do with. So my whole thing was well why aren’t they giving me a polygraph test? So I sent everything out with my details notes and everything. You have me here and then you have like three or four different stories. The main people that’s saying it was me and shit, they keep changing up their stories. Once I put them notes and everything together, I sent out the initial police report. I sent it to the media. I sent my mom and them the NAACP. So DK Wright from WTRF up the street – she did a live at like six o’clock, primetime 'cause they were running my name through the news every day. She had the initial police report and she had my detailed notes and she was talking about this case on the news. And then she said there’s a lot of discrepancies in the initial police report but the main thing is – Why aren’t y’all giving Daryl Smith a polygraph? You gave everyone that you considered a suspect – Butchie and whoever else – you gave them polygraphs. Why won’t you give one to Mr. Smith? That caused a ruckus. So a couple days later, my attorney, I think his name was Nicholson at the time, he came to tell me, “Well they’re gonna offer you this polygraph test. Do you wanna take it?” I said, “of course.” They took me up the street to the forensics lab, right? And they gave me the polygraph. So he got to running down all the questions and stuff. I felt like I was in the electric chair ‘cause I had so many things strapped to me. The examiner – he came back – and he said, “well you passed with flying colors. You –” He asked me questions about certain people that I didn’t know anything about that. And I didn’t know anything about your father’s murder. The very next day they had – Nippert came and got me himself and transported me back to the island where I was living at the time. He was like, “yeah well… you got away with this one.” I said, “got away? Didn’t you see what the polygraph and everything said?” Granted, later on that night, he was like “well we had to release Mr. Smith but he’s still the number one suspect. And that’s how it’s been since.”

So if polygraphs are inadmissible in court, there could be other reasons why they dropped the charges on Daryl that include Omar’s testimony. But I can’t ignore the timing – Daryl takes this test, and then the charges are dropped. If they thought it was Daryl, I would assume they’d collect more evidence and take him back to court. But my dad’s murder case hasn’t seen the inside of a courtroom since the day Frank Pierce, the Belmont County Prosecutor at the time, dropped those charges.

And when we took Daryl to Grand Jury, I’ll never forget Dan Frey coming out and saying “Noogie, I gotta kill this. Omar’s telling another story.”

The web is getting more tangled now. And this polygraph throws me off quite a bit. The Belmont County Sheriff’s Department, in all the times they mentioned how likely it is that Daryl is their guy, never mentioned any of the supporting evidence that it might not be him. The system promotes “innocent until proven guilty” but in this case ignores key pieces of evidence that could support innocence.

In a way it feels like once they had someone that made enough sense, it was easier to say Daryl Smith killed my dad than to find other theories. I can’t help but remember the Belmont County Prosecutor’s Office telling me that “a lot of theories isn’t a good thing.” In the beginning of an investigation, for the sake of the suspects, I think a lot of theories aren’t necessarily a bad thing. I don’t want to get just anyone for my dad’s murder, I want to get the person, or people, who did it.

Part 3: Daryl’s Reputation

Cause – you’re clearly his alibi. If he didn’t do it and you were with him and you say that – do you feel like when you were talking with the Sheriff’s Department they – like obviously they still took him to Grand Jury. Do you feel like they just didn’t believe you? Or like what was happening there? Why would they still with sort of a quote, unquote airtight alibi – why would they still take him all the way to Grand Jury?

That’s a good question. I don’t know if it’s because of his background ‘cause he’s always been in trouble since the beginning of time. Um, with your – I think it’s your cousin –  Rico. Um and then just gotten in more trouble as he went on.

Daryl’s reputation in the Greater Wheeling Area precedes him. Anytime I brought him up to anyone they would tell me he was aggressive, violent, and capable of murder. It’s easy to believe it when everyone is saying it. But was his reputation based on his own actions or was it fabricated by the local officials? 

Daryl has had a few run-ins with Belmont County in the past. Most recently he was arrested in St. Clairsville and was given a seven year sentence. But Daryl appealed that charge.

Ok everything started taking place in 2019. I had been released from federal prison and I’m moving around shaking and shit like – They have a thing to whereas if black people are up there in Red Roof Inn in St. Clairsville, they’re calling the Belmont County Sheriffs and shit to say “hey check this out.” And they call them for like anything that they think is a dope dealer. So they’re coming. Everybody left and shit like I still got my room. I had my room for a couple of days. I said, “well I’m not ready to leave.” So I go to pay for my room again. And there’s a Sheriff up there – Sheriff’s Deputy. I turn around and he’s sitting there and he was like “hey.” So he turns on his body cam. When I get to the jail – the Sally Port. You’re not familiar with them because you ain’t ever been to jail. It’s big enough for them to fit a car in, right? The police cruiser or whatever. Now when we get out, fuck his body cam and shit. Now we’re going with the video in the Sally Port. It’s honed in right there where they let me out of the car and everything. You know he gets me out of the car, looks around, and searches – there’s nothing. Takes me to jail. The camera’s picking up everything like there’s nothing on the ground or anything. Now when he comes back to his cruiser and pulls off, there’s a bag of dope over there like… How did that get there? It wasn’t mine. Like the camera’s showing that I didn’t throw or toss anything. It’s directly on me like how I’m looking at you right now. It’s just like that and it’s showing the ground and everything. So I’m like are you serious? I was going to trial for that. So once I get to the jail again, and get booked in – the same Sally Port, remind you this is 2022 now. He turns his body cam on and now he’s in the back of his car and shit, he just places dope on the thing and cuts his body cam off again. I beat that case at trial because of all this fuckery they had going on and shit. And then, I was found guilty of the Sheriff’s Department shit first off. And I was given seven years for it. But the Appellate Court – I don’t know if you read my Appellate case. They called out the Prosecutor. They called out the police. And they even called out the judge for it’s called like a collusion of corruption. So you know, Belmont County is showing a pattern. The Appellate Courts don’t overturn things of that nature. Therefore – something’s going on over there in the judicial system period – from the investigators to the police to everything. So I was working on a pattern and practice suit. I want somebody to come in and investigate Belmont County. I contacted the feds and everything because if they can do this to me just imagine what’s going on. I went around and I started showing all these people – the body cams and what they had done and I can tie shit all the way to 2002 from your father’s murder. What’s going on over here?

In State vs. Smith the judge issued an opinion on September 28, 2023. The prosecuting attorney was Kevin Flanagan. Judge Cheryl L Waite issued the following statement:

“We must note that the facts as described by the state are somewhat misleading and not entirely accurate. The trial court's decision appears to be based in part on those misleading facts. Although the state contends their encounter with Appellant began when police coincidently encountered Appellant in the lobby of the hotel, and that Appellant then invited Corporal Jason Schwarck into his hotel room where drugs were lying in plain view, a recording from Corp. Schwarck's body camera depicts a substantially different encounter.”

Corporal Jason Schwarck works for the Belmont County Sheriff’s department. And the substantially different encounter, from my reading of it, looks like they set up Daryl Smith for far worse than the situation that actually happened. And the court agreed. Daryl won that appeal and was released. 

So that’s only one case of Belmont County doctoring facts. But if Daryl didn’t kill my dad, this wouldn’t be the first time he was set up for murder.

I don’t know if you’re familiar, but my first murder case – he came on the corner. They was shooting dice. Some locals or whatever laid him down at the dice game on 15th Street. Shots was fired. And he ended up dead. They gave it to me. I didn’t have a gun at the time. When I heard gun shots, I was gone. They get me down there and they trying to get me to tell them who’s who and what’s what and who did what. I can’t tell you anything ‘cause I wasn’t there. And even if I would’ve known and shit I wouldn’t have told you anything ‘cause that’s not my place and shit like. It is what it is. So I went on trial for that. And it all came out. The guy that said I shot him in the head – it didn’t make sense because we had a forensics chemist come in and say if you were shot at that gun range, you wouldn’t have had no memory. So the police basically showed him a mugshot of me. You know? And said, “this is the one that shot you.” Where they got the – the mugshot from… I didn’t have any identification on file because I was still a juvenile. I just turned eighteen about this time. So it goes back way to then like I’ve been a target for the Belmont Police. I’ve been a target for the Wheeling PD. They give me all kinds of charges, but they can never make it stick. You know? And my street cred and stuff just elevated everything like oh he’s a fucking demon. But you can never ever find anything on my record except for federal drug charges. So yeah – it’s just a big thing around here.

The Belmont County Sheriff’s Department was feeding me a lot to make me think Daryl Smith was the guy. From killer eyes to the Grand Jury, from first glance, it’s easy to buy into the Daryl theory. I did – for a long time. Why are they setting him up?

I can’t ignore my gut feeling. It’s gotten me this far. Why would someone who killed my dad reach out to me directly, sit down face-to-face, and give me all of this information? A few minutes before we were scheduled to meet, Daryl said he was running ten minutes late. Why? Because he took his parents to the doctor. 

Not that any of these things mean you can’t be a killer, but these are the things going through my head as I am sitting less than five feet away from a suspect in my dad’s murder. How could this be the Daryl I keep hearing about? How could this guy shoot and kill my dad while my sister is down the hallway? Sitting with him, looking into his eyes, I just can’t see it. And I really wanted it to be him – because that would make all of this much easier. But I’ll say it again and again: I don’t want to get just anyone. 

I want whoever killed my dad – orchestrated it, participated in it, and pulled the trigger – to see their day in court and for my dad to get real justice, not a fall guy to win the Belmont County Sheriff’s Department a round of applause for “solving” another case.

Just because Daryl was a drug dealer doesn’t mean he’s a killer. Just because my dad was a drug dealer doesn’t mean he deserved to die. 

I been portrayed as a monster on record and on file. So that’s why it’s easy to demonize me and shit and give me something like “oh, this fits his demeanor and character.”

It’s easy to set someone up when their reputation in the town is centered around drug dealing and violence. Even just taking someone to the Grand Jury can lead people to say that’s who did it. The court of public opinion doesn’t really care if you were convicted or not, if you’re associated – more often than not – that scarlet letter never wears off. And that’s a lesson Daryl Smith has learned over and over again.

Part 4: Outstanding Questions

If Daryl did kill my dad, it would be better for him to point me in the direction of someone else – to give up another name. But he doesn’t. He seemed very sincere in that he couldn’t say who did it because he didn’t know. But there is so much more to this. I have so many outstanding questions and after years of doing this, that’s a hard pill to swallow.

So back to that glaring question – was it wrong to accuse Daryl of killing my dad? The theory was still a strong theory. The connection to my dad was very clear. The motive was obvious. It wasn’t farfetched. But if he didn’t do it – if my theory is wrong – is that… bad?

So she might have opened up a can of worms and shit.

If I had never laid out my theory like this and been so open in my thought process and my investigation, Daryl may not have ever reached out to me. As much as this podcast exists as a forum for my findings, it’s also the most unique, and important, investigative tool I have to solve this case. And being open about the evolution of my theories is necessary to gather information that is hiding beneath the surface. If I’m wrong, prove it. Because that proof is needed to get closer to the truth. And Daryl coming forward with information is how I am closer to concluding his innocence. 

A lot of people closely associated with this case want to tell me that I’m wrong. So here is your open invite to tell me what is right. As soon as Daryl listened, he reached out with his side, not out of spite or anger, but seemingly in an attempt to set the record straight and help me get closer to the real suspect – whoever that may be. 

The Belmont County Sheriff’s Department is adamant that they have been honest.

We have done nothing to cover this up.

But why was so much information regarding Daryl’s possible innocence withheld?

Daryl had a pretty solid alibi. Jill Templin is a believable young woman. People have been dismissed as suspects with far less suitable alibis. Daryl wasn’t initially issued a lie detector test, not necessarily an odd situation until you factor in that other suspects were issued that test. 

After a public call out the Belmont County Sheriff’s Department issued that test and Daryl passed. Even though inadmissible in court, shortly after Daryl’s charges were dropped. When I was given not only the case file, but access to the Belmont County Sheriff’s Department and the Prosecutor’s Office for hours and hours of conversation, that polygraph test was never mentioned, and that alibi was ignored. 

Daryl Smith was never fully acquitted in court. He could still be tried for the murder. But I’m not sure Belmont County ever had any intention of taking him, or anyone, to trial for my dad’s murder. And why they won’t is a mystery. It makes me question what else I am missing and if I'll ever find it?

I remember something I heard recently…

That’s the problem with the Ohio Valley girl. It is so freaking corrupt.

Part 5: Back to the Beginning

As Daryl and I started to wrap up, I felt a lot of empathy for him. I think everyone, even on a much smaller scale, can relate to feeling that no one is listening. That’s the reason this podcast even exists. As far as Daryl is concerned, he was never convicted. He owes me nothing. But he still reached out, met up, and talked with me for two hours. If it wasn’t him, I have to find out who really was on my dad’s doorstep that morning.

Well, I really appreciate you sitting down with me –
Indeed. Yeah, this had to happen because I hadn't been talking shit. Motherfucker keeps saying my motherfucking name. It doesn't make sense for her to keep saying my name. And then I was like, you know what? I done listen to the whole podcast. But – she never brought up once that I took a polygraph. And actually pass that motherfucker like. 
Yeah, I didn't know.
Indeed. So therefore I had to bring certain clarity to give you an understanding. Face to face. I'm no angel, but I didn't have anything to do with that. You know what I mean? Period point blank. I have no knowledge, no information about it and shit. But there's theories. Little things and shit that were happening around that way and time and shit. How long we been talking for over an hour?
For one hour and fifty-two minutes. 
So obviously you see that joy talking to you like. I don't know. 
I'm going to find out. 
Indeed. I want you to find out. Now you you then took notes, detailed notes and. 
Oh, I've got my work cut out for me, that's for sure. 
Well it’s most definitely going to keep you busy. 
Yeah. 
Ain't nothing easy when it comes to shit like this. And police didn't solve it and shit like. It takes this. And you're the daughter like, and you want to know to have some closure in your life. That's what it takes. Nothing comes easy.

Not only do I need to find out who killed my dad. I want to figure out why the police possibly misled me – with all the evidence in Daryl’s favor – why would they still tell me it was him?

But see, wrong place, wrong time that listen,
You weren’t there.
I wasn't there like. And when you look, all you have to do and shit like – How did he miss this? How did he miss this? If he said this, why didn't he investigate this? Why didn’t?  You know what I mean? Like, it's a lot of shit. Like, if you're an investigator, you have to be – You went to school to investigate. Investigate crimes. What's going on? Why aren't you? Ok. He said this. Well, we're just going to give up because Omar keeps –  You can't give him the fucking – He was the initial person that he took you to the house. It's a cold case now. Twenty something years later. But you’re on it and shit. You’re going to get your blessings and maybe like if you –  the universe is real. Maybe you pops’ll deliver some and shit. Hey! It's possible. It's that energy like – keep doing what you’re doing. You might really solve this case.

My conversation with Daryl was a game-changer. I’m comfortable putting him on the back burner – not entirely ruling out his possible involvement but comfortable exploring new possibilities. I was still feeling a wide range of emotions by the time we ended our conversation. Daryl seemed like he wanted to help me. I was always suspicious of the police’s investigative work, but now I have a lot more context. I’ve actually sat down with the other side. In the beginning it felt like I only had a small piece of the puzzle, but I’m slowly starting to gather more and more pieces. I’m not sure anyone, including myself, thought I would make it this far. But here I am.

With Daryl’s most recent appeal shedding light on corruption in Belmont County and my own suspicions flaring up, Daryl left me with a solid next step.

For real. For real. Put a little more focus on the initial police report.

Next Time on Ice Cold Case

It was an inside job. That’s what everyone always said. It was an inside job.

I’ve said before the Belmont County Sheriff’s Department continues to say there’s not enough evidence to convict anybody. 

I don’t think the people in Saint Clairsville investigating it wanted to know. Maybe it had something to do with them.

Credits:

Ice Cold Case is brought to you by Yes!
It is written, hosted, and produced by Madison McGhee
Also produced by Jeremy Benbow
Mixed by Cody Campbell 
Original music by Matt Bettinson
Creative direction by AJ Christianson
Creative consulting by Hoff
A video version of this episode is available on our YouTube Channel and a transcript is available at icecoldcase.com
To submit any tips or information please email us at icecoldcasepodcast@gmail.com