15. Pointing Fingers

Previously on Ice Cold Case

If they felt, you know, there’s gonna be no problems. It’s cause they…  they felt comfortable.
And only name that was ever said was Tone. 
That’s what they were doing – drug dealers rolling drug dealers knowing the victim wasn’t gonna call.
It was a distraction, I guess from Omar saying that the money is over there.
When they took Omar – that is the big key. They took Omar outside what was said?
Omar said that when that door swung open, J.C. was reaching for his gun and that’s why they shot him.
I was asking them where are the guns that were in here? Dad had probably 20 guns.
I’ve heard different things, that it was his own gun. I’ve heard that.
You’re stepping on shit, Madison McGhee.

Part 0: Trust No One

There have been a lot of revelations throughout my time investigating my dad’s case that have left me questioning who to trust. Everyone is trying to shift the focus off of themselves and on to someone else. And in doing so, the same people who wanted to slip into the background, put themselves directly in the spotlight by getting louder and more emphatic that they had nothing to do with this. 

That is what I find the most fascinating about the reaction to this show – just because the police files mention your connection to someone or the possibility that you have information… doesn’t mean anyone thinks you committed the murder. But public defense speaks volumes. When that defense comes with open distaste for my urge to find closure for my dad, I start to question intentions. 

And when it comes to the police. It’s not hard to see the mistakes from minute one of this investigation. And since then, it’s denied that there was any oversight. When their investigative efforts are questioned, they point the finger back at my family. As if it’s my family’s fault that they didn’t do their job and close this case.

Both groups are making this more difficult than it should be. And the red herrings are coming from every direction. 

So I guess when it comes down to who I can trust, my rule is simple… trust no one.

Part 1: When the Family Wants It Solved…

Any murder investigation that makes it all the way to a conviction begins and ends with the police. They are the first to officially close off a scene, they are the official investigation team that collects evidence and builds the foundation for a case, and their findings lead to a court conviction or dismissal. So the Belmont County Sheriff’s Department plays a crucial role in this story. But they seem to be throwing a lot of the burden onto my family. 

I’m trying to understand these dynamics better because I think the answer could be hiding in plain sight. And now that it’s been so long, maybe in the same ways that time has been a disadvantage it’s also a perk. People are starting to let their guard down just enough that they say a little too much. 

And I’m sure it’s hard to keep track of the difference between the real story and the fabricated story so those wires could be getting crossed now.

On one hand, the police say the family knows more and that there are all of these pieces that tie the family into this story – Richard’s safe, Omar going outside with these guys, the interconnected circle of drug dealers in town. But yet, they never treat anyone within the family as a suspect. Again, I don’t believe Omar killed my dad. But in the beginning, it wouldn’t have been a crazy thought to work him as a suspect for at least a moment. At the very least, get to the bottom of what he knows. Because as Detective DeVaul loves to remind us, “Omar knows something.”

Omar knows something. There’s no doubt about it. 

I’m not saying Daryl didn’t do this, but I am pointing the finger back at Omar.

And I think the family knows this. They wanna admit it or not. I don’t know like I said you weren’t involved in their life. I don’t know if they don’t want a skeleton brought out. That’s a good possibility.

So how can they say Omar knows something, but leave this case alone for so long? I understand from reading these case files and knowing the relationships in my family and in this area, this town is a web. But that makes it almost more likely that this was someone my dad knew. A random home invasion does not add up given how small this town is and how interconnected these circles and feuds are.

What we’ve always felt was this was a home invasion set after Omar. 

I think they were planning on doing a second home invasion. On their end it went to shit. And boom – and then they ran.

I’m not going to pretend I think Omar has been completely honest the last twenty-two years, but I don’t think anyone has been totally honest with me. Detective DeVaul looked me in my eyes and said that he has turned over every stone to solve this case. 

In my career, this case here is one I want to solve. But believe me every stone that we come on, was turned. 

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.

But that doesn’t make sense – because it has barely been touched in years. Why does the family have to want the case solved, for you to do your job?

I’m family… I’m his daughter. And I want it solved.

Part 2: Crooked Cops

Of course I want the family to tell the truth. But it is the literal job description of the Belmont County Investigator to… investigate. So my frustration that it’s been twenty-two years and I still have to independently dig for answers feels rational. Not every case will get solved, but they should at least get the time and attention they deserve before they are chalked up as a cold case. And now that I have done all of this, I am seeing a lot of leads that were not explored and people with information who were never spoken to. 

My family points at the missed marks and calls it corruption. Almost everyone that I have talked to has said “crooked cops” at least once. How could they not think that? The way this case was handled doesn’t give them much hope that this case could ever get solved, not if the fate of justice is in the hands of people who gave up pretty quickly on finding answers.

My sister was old enough to remember watching this all transpire before her eyes. And she doesn’t think enough was done.

The police… didn’t investigate very good.

And I never went and said hey you know can you guys help me… ‘cause it’s like why aren’t you doing anything. 

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

Every single family member I have spoken to, regardless of ther feelings on me and this podcast have made it clear that they do not think the police have done a proper job handling this case. While I agree with them on that, it is a hard pill to swallow when they, too, aren’t very forthcoming with their information. And the most brutal part of this – which has been a problem since I started looking into this case – is that every group needs to work together to get this case solved. And right now, that seems impossible. 

And that they didn’t take any more action to try to solve this is suspicious to me.

I know some of your have been on Bloomquist, radio shows, and all that bad mouthing us that we’re not doing anything that is not the truth. We are doing everything we can.

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

I don’t believe I am the only person who wants this case solved. I think there are people, like my sister, who would feel a great sense of peace with answers. I think there are certain officials in Belmont County, who have less stakes in this. I also think there are other family members, who are nervous about the possible outcome and negative implications it could have on other family members. And some who might welcome some closure to this mystery. There are a lot of different levels to this. And with that, I believe there is someone out there, who definitely doesn’t want this solved. Right now – they are winning. 

Everyone in this situation is doing this case a disservice by pointing fingers. The family isn’t going to get the police to do more by going around town and calling them crooked. And the police aren’t going to get the family to tell the truth about what they know by calling them liars and untrustworthy. And here I am just watching it all unfold, calling out the inconsistencies, and yet – despite publicly getting upset at me for trying to get to the truth – people are still giving me information.

The police have thrown around the possibility that the person who killed my dad was a stranger or that this was an accident. But that theory has never made sense and given that only 10% of murders are committed by strangers and the list of people who wanted my dad dead is not short. 

I mean a lot of people didn’t like your dad ‘cause he was a snitch.

It’s kind of like the Cartel. They’ll kill their own child if they’ve snitched on them. If they’re gonna take away their money and they’re freedom, they’re gonna – they don’t care who you are.

The way that this all went down indicates that my dad knew the person standing in the doorway that morning.

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.

Why can’t everyone just work together? I don’t think it will ever be that simple, but it does bring up something that has been floating around in my mind.

When I’m looking to identify the motive, it’s very likely this was someone who knew my dad. So who – between the cops and my family – benefited more from my dad’s murder? 

It’s possible that my dad knew too much and needed to go. That would explain their lazy investigative methods and lack of communication now two decades later. It’s also possible that someone in my family was upset with my dad and wanted revenge. And as more family members got wind of the truth, they didn’t want to implicate other family members.

Omar’s scared of something – either of implicating himself or these guys.

I’m not really sure J.C.’s family wants to have this solved because I think it’ll impact the family.

Both solid options. But if the cops were involved, my family would be shouting everything they know to get justice for my dad. And if the cops weren’t involved, why did they do such a terrible job investigating this case? Who had more to win by my dad’s death? And who had more to lose by it getting solved?

Part 3: Family Feud

From the moment I started asking questions about my dad’s murder, I was getting cryptic responses and whispered warnings. “Be careful” in these parts, is not something casually thrown around. But when my family members would say things like that, it always gave me this uneasy feeling. They know more than they are telling me. 

In some ways I feel a little bit like I’m on the Truman Show or Big Brother or something. Like my family is watching me run around, desperately trying to solve this case. They are watching as I follow their lead and explore their theories, while behind the scenes they know the truth all along and are just keeping me busy until hopefully I burn out. 

And then there’s my sister, Alyssa – who needs closure just as much as I do. She spends more time around this side of the family than I ever will simply due to proximity. Yet, she is always the first – and sometimes only – person willing to raise her hand to help me when I need it even if she isn’t quite sure about my methods to solve this case. 

And in an episode about my family and their push back, I can’t ignore her support. Reconnecting with her was a silver lining in this journey. She needs answers just as much as I do, and some of the people she was raised to trust the most are letting her down.

From the rumors about Omar and Alyssa being in a secret relationship to family members casually throwing other family members under the bus – my family is starting to implode. 

At that time the McGhee family was really close. Now it’s different. 

Throwing suspicion on each other doesn’t really make sense. But I think everyone is eager to deflect any attention from themselves. It’s an interesting dynamic. When they are speaking to me directly, they are willing to tell me who I should talk to or who has more information. But when they are all together they maintain a pretty strong front – that they don’t know anything more about who killed my dad. For the most part, the family was pretty supportive of the Daryl Smith theory up to the Grand Jury.

It came time for my prelims. They took me to the courtroom and I look around the courtroom and it’s all the McGhee’s and everything. Now I grew up with them you know because of my close relationship with Rico. So I see Curt and all of them. I see the Foston’s over there. They lead me to my seat, they’re all looking at me. I said, man y’all know I didn’t do this, man. What the – 

When we went to Grand Jury on Daryl, and Dan Fry come out and he told me… He says, “Noogie, I gotta kill this. Omar’s telling a different story.” 

Here we have another contradiction – in all the ways the family seems divided, they are simultaneously putting up a strong front that the cops are crooked and they don’t have any information about what happened to my dad.

Part 4: In Real Time

Sometimes when I’m writing these episodes, it feels very chaotic. Putting my thoughts together in a way that is concise and easy-to-understand is a tall order when the information is coming in at such a fast rate. So let me remind you – this is all happening in real time. I am getting your messages, sorting through the information, and going out to talk to new sources right now. Like literally in this moment – as you are listening to this.

When I first released my theory, that was nearly four years in the making. The theories were not based on quick bouts of information. I had heavily researched and crafted a plausible theory that put Daryl Smith at the center of the crime. That rabbit hole was dark, but I jumped in. The police were a driving force for that thought process – Daryl was their main suspect, too.

I still think it was Daryl there. We had Daryl locked up. We had him locked up because Kim picked him out. And then Omar went in there. I still remember it to this day. Where the Grand Jury room was. I went in. I testified. Omar testified. Kim testified. I had to go back in for something that they needed to you know clarify with me. And then Dan Fry came out and said Omar’s telling another story. I gotta kill this now or we’re gonna lose him.

But then in the middle of a six month research break, I heard from Daryl and meeting with him led me to look at other options and explore the possibility that it might not have had anything to do with him. 

Those conversations were all happening as I was gearing up to release new episodes. So just know that this is shifting quickly and even as one thought is being released, new thoughts are forming. Because just as the Daryl episodes were being released, new information started to surface. 

This is where things get even more confusing for me. I started this second installment of episodes with the question: Is it wrong to be wrong? And I had come to terms with the chance that I was wrong – that it might not have been Daryl. So now I’m looking at my original theory and I am starting to ask myself… What if I’m right?

The through line throughout this case is that there is one person who has more information than anyone else – Omar. And for a while, he was not interested in communicating with me about what happened that morning. But then, Omar reached out and was willing to tell me his side of the story. I was hesitant but I got on the phone with him.

There’s a lot of stuff that’s going on that – that um nobody else knows but just me. I don’t know man. I just know I was tortured for hours. Well it seemed like hours. That seemed like hours. There’s many players involved in this. I know for a fact that Kim was one of those players. I couldn’t put my finger on it, you know? But I knew she – I know by that smile it looked like she knew who they were. You know?

He was rambling for long moments at a time, but I was letting him talk to see what I could find hidden in the layers of his stories. And then he started to talk about my theory – and Daryl. 

I think what it is, is Daryl and Duncan was his two cronies. You know when it all happened? It was said that they did it because of Rico. *Madison* Yeah, so I mean it seems like just based on excluding you from the story I – I was sort of on the path that you think is right where Daryl and Duncan were there, Danny Banks is involved, Tiffany’s in the house like I’m on sort of the right path? You would say? Yep… you are. 

Omar said my initial theory was pretty spot on. Where was that confirmation last summer? Why is he doing this now? My trust in everyone – the police and the family is fractured. But I can’t help but wonder if this is Omar’s way of nudging me in the right direction. 

If my original motive is correct at all – if there are any snippets of truth in it – that theory starts and ends with Rico McGhee.

Rico probably had more to do with this than Omar.

Part 5: Off the Record

Everyone has gone silent on me – the Belmont County Sheriff’s Department and Prosecutor’s Office won’t answer my emails or return my calls. My family has probably picked up on the fact that I am very dialed into their reaction and have gone silent as well… perhaps until they hear this episode. I have hours and hours of dialogue that I was told I cannot use for this show that I am starting to revisit. There is an overwhelming amount of information for me to investigate on my own, but I am pushing through.

What I envisioned for this show has completely changed. I really wanted you to listen to all my thoughts and theories that I had carefully put together over four years, but now I am actively investigating. So this might start sounding a little different. I’m going to be documenting my raw, unfiltered, in the field thoughts because that’s what’s really happening now. I don’t have as much time to sit and script out what I’m thinking because now everything is moving at warp speed.

Part 6: From the Inside Looking Out

So now it seems like I’m back to the beginning – again. If my original theory was right… If Daryl was involved in a plan to kill my dad… I have to prove it. And finding ways to do that are becoming harder and harder as less people want to talk and more people want to hide.

If there really were four guys in the house, three of them might be willing to talk. I know it’s a long shot, mostly because there’s a big possibility that my dad was killed for snitching. So these guys have no incentive to tell me the truth, but I’ve tried every other way to solve this case. I need to talk to the names listed in this police file and I need to talk to them now.

There are a few names listed and others that are redacted. I’ve uncovered a few of the redacted names so now it’s just a matter of finding these people. It’s a small town, so it shouldn’t be that difficult, right?

So now I’m on a warpath. I don’t want to continue spinning my wheels and going back and forth on the same theory. I want to find concrete answers. I’m sick of being on the outside looking in… And there’s someone who has been on the inside the whole time.

While I’m getting frustrated that I can’t seem to crack this case, I heard from a third party letting me know that Rico… My cousin who was turned in by my dad all those years ago… wants to talk to me. 

Now I know he didn’t pull the trigger on my dad because he was serving a life sentence in federal prison at the time. But he is the key, and maybe he’s willing to share whatever he knows that could unlock this. So for the second time this year, I am going back to Belmont County again. And this time, I am not leaving without answers.

Next time on Ice Cold Case

So what are you looking for? The truth from Omar would be the biggest thing.

I really don’t feel that comfortable talking about Rico.

That Rico gave them the go ahead, because they’re two knuckleheads so.

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.