14. Devil’s in the Details

Previously on Ice Cold Case

You know what we have are some notes that are theoretically not a public record.
I personally feel this is the shot in the arm that this case needed to regain some momentum. 
I was laying down. They put a blanket over me but I could still feel the gun
What we’ve always felt was this was a home invasion set after Omar. 
Honestly to me, it didn’t look like he was coming from the Brake and Block place.
I’ve said before the Belmont County Sheriff’s Department continues to say there’s not enough evidence to convict anybody. 
I said “what’s wrong?” He said, “they – they shot J.C.” 
They shouldn’t have even been at your dad’s house.
It was an inside job. That’s what everyone always said. It was an inside job.

Part 0: The Details

My mind is being pulled in so many different directions. It used to be easy to pivot from one theory to the next. But as sources become less reliable or brand new information comes out of nowhere, it’s much harder to compartmentalize concepts and try to sort through the possibilities of what could have happened the morning of July 11, 2002. 

It’s wild to me that I’ve now spent years of my life reading files, tracking people down, and talking to strangers all to find out what happened in thirty minutes on one day nearly twenty-two years ago. More specifically, what happened in five minutes – the time between Omar going outside with these guys who just ransacked his house and those same guys ending up on my dad’s front porch. Whatever happened – whether something was said or something was conspired or something was already elaborately orchestrated – is the key to unlocking this case. I know what and I know where – now I need who and for my own curiosity why… 

I’m frustrated by the shift in storylines, encounters, and witness testimonies. It’s not just Omar, it’s everyone – no one’s stories add up. There’s so many potential suspects, and the specifics are the most important. If the killer is hidden somewhere in these files then I guess it is true – The devil’s in the details.

Part 1: Where To Go From Here

Now I’m left with a long list of names from this case file – people who were considered witnesses, dismissed as suspects, or whose identities were completely redacted. I need to identify who was there for this home invasion – it’s clear that someone went through that house and tied them up. Whether Omar’s house was the real target is unclear, because the situation over there is odd for a break in. They were in the house for a long time, but nothing was taken and no one was severely injured.

If they felt, you know, there’s gonna be no problems. It’s cause they… they felt comfortable.

It certainly seems like they weren’t in any rush. They were after money, more than likely drug money, and that makes Omar’s house appear to be the intended target. 

I was laying down. They put a blanket over me but I could still feel the gun from the side of the thing. They was looking for a safe with money.

They talked about Richard’s safe like they were sure of its existence. Anyone in this town who knew Omar or Richard, also knew my dad. So it doesn’t seem as probable that this was a stranger.

So with that in mind… where do I go from here?

There’s details that varied between each retelling of what happened that morning. But there’s also a few details that remain the same in every version of the story. One of those things is the name that was said over the radio several times – Tone.

Part 2: Who is Tone?

When these three, or four, or six, or eight men broke into Omar’s house they kept talking to “Tone.” Kim remembers it.

And only name that was ever said was Tone. 

Omar remembers it.

You can hear them on the radio. Oh uh… Tone.

The police reports have it everywhere – Tone. The Belmont County Sheriff’s Department looked into Tone. But with no solid physical description there wasn’t a lot to start with. In the Belmont County Incident Report it says that they got a call from Washington County, Ohio that there was a drug dealer out there who went by the name Tone. So Detective Giesey looked into this lead.

Washington County had an active file on someone called Tone, but they didn’t know his real name or address. All they knew was that he lived in Columbus. They believed that Tone had recently used Nextel to communicate and drove several high priced vehicles. All of their heroin arrests at that time had Tone as their supplier.

Tone could be a key to unraveling this mystery. 

If you remember, even the Belmont County Prosecutors mention Tone.

Is Butchie Griffin listed in that? I know Tone is but I thought… Isn’t Tone… Is Tone Butchie Griffin? I don’t think we.. I don’t think those reports ever say who Tone is.

Part 3: Butchie and Daneen

A few paragraphs beneath the initial description of the home invasion, there are notes of my dad being a Confidential Informant. And they named Butchie as someone my dad had testified against. He is the first person listed as a suspect in the file. They immediately go to his house to question him. By 8:45 that morning, Butchie was detained. 

Daneen was brought in for questioning as well and the police file states, “nothing was obtained.” The file does not note the custody battle though it was brought up in both Daneen and Butchie’s interviews. The Belmont County Sheriff’s Department moved on very quickly from this possible motive.

I didn’t spend a lot of time thinking about this theory because it was so easily dismissed by the Belmont County Sheriff’s Department. But historically speaking, custody battles can be complicated and lead to emotions getting out of control. Was the money and the desire to keep full custody of her son enough for Daneen to orchestrate a murder?

I have never met Daneen, and since she passed away in 2020, I won’t get the chance. But Butchie is still alive, and I have not spoken to him directly about this but I would like to. The police were so convinced he wasn’t him… I need to hear that for myself – face to face.

Now I just need to find him. 

Outside of the Belmont County Sheriff’s Department, there was someone who was surprisingly very defensive of Butchie – making definitive claims that Butchie didn’t kill my dad – Daryl Smith. 

In his first message to me on December 13, 2023, one of the first things he said was “Butchie didn’t kill your pops.”

That turns my attention back to the original suspect – Daryl.

Part 4: Daryl Smith

After taking a look at Daryl Smith after talking with him, I’m trying to figure out why his name was brought up in the first place. According to the file – Daryl Smith first came up when his photo was shown to Omar and Kim. But why his photo was in the mix to begin with is not clear. After that, he was the number one suspect.

Kim saw the picture of Daryl and went “oh my god, he was there”.

Kim and Omar both identified Daryl Smith by selecting his photo. Kim, Omar, and Pearl all identified three people – but two of the other names are redacted from the file. Now the narrative is pretty strong that all the men were wearing masks so it was hard to see them – but at the time, they were pretty comfortable pointing at photos and identifying suspects.

Kim said she was one-hundred and twenty percent sure that it was Daryl. She said she remembered his voice. In the courtroom she stuck to that story and pointed directly at him when asked who was there. Still to this day, she is sure it was him. Omar agreed – for the most part. In his witness testimony his descriptions change, but at one point in time he said it was Daryl Smith. And on July 30, 2002 – Belmont County Deputies went to Wheeling, West Virginia with a warrant and arrested Daryl.

It’s not that weird for the police to believe the two eyewitness testimonies. So on one hand I am still critical of the police’s handling of the case, but on the other it makes sense that they would explore the person identified by the witnesses. I think that speaks to the complexity of this case and trying to understand that two things can be true at once. 

In an attempt to justify Daryl Smith’s involvement – this home invasion gone wrong could make sense if Daryl was involved in other robberies around town. 

That’s what they were doing – drug dealers rolling drug dealers knowing the victim wasn’t gonna call.

A woman named Nicole Daniels went to the Belmont County Sheriff’s Department claiming she had information about Daryl Smith. She told police that she had been with Daryl Smith and the other redacted names when they broke into other homes to steal money and drugs. Nicole gave specific details about the guys and their process. She said they always take two cars. She also mentioned that one time Daryl Smith had said to her when he was mad that he would “tie her up and beat her.” 

Now the motive makes more sense. It is easy to put this theory on paper and try to make it stick. So let’s try again. Omar’s house could have been a target if they wanted some money and drugs – there was a history of that in the family. And whoever broke in knew about Richard’s safe. 

Part 5: The Safe/Richard

The safe is something that, in my opinion, the police completely ignored. If these guys were looking for a safe, wouldn’t the police be curious if that safe exists and if so, they would want to know why it was worth killing for?

They was looking for a safe with money. But they was looking for Bay which is Richard – that’s what they called him. They was looking for his safe with money. And they just kept on screaming where is Bay’s safe.

They specifically said they were looking for Richard’s safe, which indicates they were at the right house. So that makes it more confusing that they ended up at my dad’s house. According to Pearl, they kept asking how many people were next door so at some point they were talking about going over there. One of Omar’s accounts was that they didn’t have any money at his house but he said that his Uncle J.C. would help him out. So he said he took them over there to see if he could give them some money.

It was a distraction, I guess from Omar saying that the money is over there.

But that still doesn’t make sense why these guys would have been there so long and why they would have gone over to my dad’s house and not stolen anything. Another theory was starting to form. 

A woman named Debbie Jones called the Belmont County Sheriff’s Department and said that she was Omar’s aunt and that Omar had been staying at her place. She shared with the police what Omar told her about the shooting, and also said something about her own suspicions regarding who was behind it.

They were asking for that safe. Dwight and Richard knew about that safe. Richard might be behind this because no harm was done to his mother… She was only threatened. Anyone else would have hurt her. 

Part 6: California

Now I am looking at the very specific details of the day. Going back through the 9-1-1 call, I noticed something that didn’t stand out to me before.

Male: (Inaudible) California
Dispatcher: What’s that?
Male: From California –
Dispatcher: Is there a car out there that you can see, that they’re in?
Male: It’s black?
Dispatcher: Can you see the license plate?
Male: Like a black van – uh-uh – they have me a hostage – they went outside – and I got away – and I got away – I jumped over the fence – over here – I scratched myself up a little bit –
Dispatcher: Do you know any – can you recognize the plate, is it an Ohio plate?
Male: Uh-uh
Dispatcher: Hold on one second, Omar – (Radio traffic) –

Omar mentions California. That never made sense to me so I just brushed it off. But he said “from California.” I started to look back through the case file again. And this time, California jumped off the page.

In the police file Dwight McGhee, one of my cousins, was brought up by a redacted name. This suspect mentioned that they were friends with Dwight, so the Belmont County Sheriff’s Department tried to get in touch with him. It took them a while to get a hold of him because at the time, Dwight… lived in California. 

There was talk that whoever broke into Omar’s house was after drugs that were coming out of California. But that was never confirmed nor explored much further. But the police made several attempts to speak with Dwight. And they finally got him on the phone.

The police file states that a detective noticed a Los Angeles phone number on Jill Templin’s cell phone bill. Jill was Daryl Smith’s alibi. They called the number once, no answer. When they called the second time, Dwight picked up the phone. 

Dwight told the police that he comes back to the area regularly. Not a surprise considering most of his family, including his parents, lived there. He said that when he was back in town for my dad’s funeral, he got some of the cousins together to see if anyone’s drug activity may have provoked this home invasion that led to my dad getting shot. And then, according to the police file, Dwight said to the officer that he believes the answers to this case lies with Richard and Omar Foston.

Part 7: The Fostons

I can’t entirely get a read on the Fostons. It’s clear that Pearl and Omar were scared that morning, which I can understand. But what I can’t understand is why they won’t just tell the truth. This isn’t just your brother and uncle getting killed – although that seems like enough motivation to speak up – they were also allegedly victims that morning. And that should be all you need to want to catch whoever ransacked your house.

Pearl remembered more than she told the police. And it’s documented in the case files. She told the Belmont County Sheriff’s Department that she couldn’t see their faces, but then she gave specifics to someone.

Alyssa’s mom Barb ran into Pearl at the grocery store four days after the murder and Pearl told Barb that she was able to get a good look at two of the men’s faces and gave Barb a description of them. She said one had a long nose and the other had a strange accent. She noted to Barb that they were looking for money and drugs. Barb went down to the Belmont County Sheriff’s Department to give them this description. But why wouldn’t Pearl tell the police herself and why she couldn’t identify the men in court if she saw their faces?

Richard has slipped under the radar. Aside from being very vocal about his distaste for this podcast, he hasn’t been spoken to or about by many people. For being in the middle of the story without being present, I would have assumed he would be questioned to try to provide more information or context that police could go off of to identify suspects. But he wasn’t. And he’s hardly brought up beyond that point.

Omar is clearly a main character in this story. Perhaps the most important person still alive in this story. Apart from my dad, and whoever killed him, Omar is the most valuable voice. But what I’m hearing needs to add up, or Omar needs to fill in the blanks.

Omar said he was shot at and that’s what the mark on his forehead was from. He said that as he was running away, they were shooting at him. But no one interviewed heard multiple gun shots that morning and no bullet casings were found along the path between my dad’s house and Pearl’s house. It’s noted in the file that the police did look throughout the path. Not that that account is incredibly reliable, but they do say that they checked. 

Kim remembers the one gun shot and that is why she hit the panic alarm inside the house. She didn’t mention hearing more than one gun shot in any of her interviews with the Belmont County Sheriff’s Department.

Omar’s reaction to the whole series of events is kind of weird. He seems surprised and a bit spooked, but almost in a guilty kind of way – like maybe he felt bad that he let it happen or played some part in it? Barb said that when Alyssa was with Omar before they went to the police station Omar kept telling her, “I can’t believe it. It shouldn’t have happened. They didn’t shoot my uncle.”

Part 8: Five Minutes

The five minutes between when Omar went outside with these guys and my dad was shot is the biggest gap in this investigation, and the key to unlocking why they went to my dad’s house in the first place and why they decided to kill him. 

When they took Omar – that is the big key. They took Omar outside what was said? And Omar just says oh they threatened him saying “we want – we want the money.” What money? What money?

Debbie said that Reggie Foston, Omar’s brother, called her and told her quote “You’re next in the box… you know too much” and approximately ten minutes later she saw a black Cadillac *sound effect: car engine revving/driving by* drive by her house and honk. 

Debbie, the relative who went down to the Belmont County Sheriff’s Department with information, told police that the day after the shooting, she spoke to Omar and he told her a lot of very specific details about what happened when Omar went outside with these men. 

He said that he was tied up and they were asking for money. That he said that his uncle J.C. has some money and he’ll help me out. Two guys took him next door with his hands tied and they got to the door Omar was yelling “Uncle J.C. help, they’re going to kill me.” When they kicked in the door J.C. yelled “I got my kid in here” and they shot him. Omar said when J.C. fell his arms went out to the side. He started running away while they were shooting at him.

Debbie also mentioned that Omar said something else that could imply motive – 

Omar said that when that door swung open, J.C. was reaching for his gun and that’s why they shot him.

How would Omar know that if he wasn’t there? And what happened to the guns?

Part 9: Missing Guns

When speaking to me about my dad’s murder, it’s obvious that the police believe in this home invasion gone wrong theory. That the intended target was Omar’s house to get money from that safe and that they accidentally ended up at my dad’s house, got spooked, and unintentionally killed my dad.

Why I think your dad was killed right there? Closet door was opened, there was a 22 rifle there. I think your dad was going for that gun when they shot him.

Omar told Debbie that’s why my dad was killed. The police believe that’s why my dad was killed. Even the police files say they have photos of the guns in the closet by the door.

In our photos we have, yeah – he had a 22 rifle there. I think he heard something there and that closet door was open.

But I have never seen those photos. And when my sister got home from the Belmont County Sheriff’s Department giving her statement, the guns were missing. 

I was asking them where are the guns that were in here? Dad had probably 20 guns.

There weren’t hidden. They were just in the closet and there was one at the head of his bed.

Alyssa remembers stuff being taken away – from a fresh crime scene – when she got home. 

Curt, is sitting in the back of the truck and there’s this big blanket covering all this stuff in the truck.

And I have been told that the police told my family to get the guns out of the house. Nothing should ever be removed from a crime scene that soon after a homicide, especially the guns that could have been the motive for the murder. But other theories have been surfacing since the disappearance of those guns.

I’ve heard different things, that it was his own gun. I’ve heard that.

Part 10: Inside Job

It’s clear that the initial investigation overlooked a lot of details and left a lot of questions unanswered. I’m able to really take a no fucks given approach to all of this. I think that’s because I am laser focused on my ultimate goal – find out who killed my dad. And when I think about the end, the means don’t seem to matter. How I get there doesn’t seem as important as simply getting there so I’ll do whatever it takes.

Sometimes my brave exterior fades – and every now and then I think about who I am really dealing with.

You’re stepping on shit, Madison McGhee. And they don’t want any splatter. Because they don’t know what kind of clothes to wear in a shit storm.

There’s a delicate dance happening with Omar and the Belmont County Sheriff’s Department. Omar has a lot of information and doesn’t trust the police enough to give it up, but the police need that information to find the killer. Everyone’s distrust of each other is muddying the waters more than it already is and it does not make this any easier to solve after twenty-two years have passed. 

Even after reading through everything I have questions that are really important when locking in on a suspect. Like what kind of gun was used to kill my dad – the police file references two shotguns and two handguns. Alyssa’s mom, Barb, found a bullet jacket while cleaning my dad’s house at the end of July. How did the police miss this when they were at my dad’s house the day it happened? But I am asking that knowing that they let my family in and out of the house within an hour of my dad being shot and killed. 

Being critical of the police has not seemed to earn me any favor with the Belmont County Sheriff’s Department. And being critical of my family has not earned me any favor with my dad’s relatives. I’m ok with both. Being critical has allowed me to see through a lot. But unfortunately there is still a long way to go to get answers.

Because I have been so honest about my process and because this podcast exists, tips have been coming in and steering the direction of my investigative efforts. Something has really been sitting on my mind, confirming some of my suspicions…

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

What does inside job mean – inside the Belmont County Sheriff’s Department or inside the family?

Both come with really dark, serious implications. There’s two groups of people you’re taught to trust as a child – your family and the police. But in this case I am struggling to believe in the integrity of both.

The family thinks the police were involved or at the very least, shady. And the police… Well, they think the family already knows what happened.

When I reached out to the detective he told me that he felt the person that was responsible was already incarcerated – that if the family wants it solved, it will be solved.

Next time on Ice Cold Case

That was it. Like they didn’t want to solve the murder or nothing.

Because again the family thinks we aren’t doing anything.

Which leads me to believe it’s somebody in the family or somebody he knows. Because if it was a stranger, he would’ve shot them.

Credits:

Ice Cold Case is brought to you by Yes!
It is written and produced by Madison McGhee
Also produced by Jeremy Benbow
Recorded by Danny Sellers
Mixed by Cody Campbell
Original music by Matt Bettinson
Creative direction by Austin Christianson
Creative consulting by Hoff

A video version of this episode is available on our YouTube Channel and a transcript is available at ice cold case dot com. To submit any tips or information please email us at ice cold case podcast at gmail dot com.