4: Family Ties

The following episode contains possibly triggering content including the sexual assault of a minor. Listener discretion is advised. Oh and for legal purposes, this is all my opinion… allegedly. 

Part 0: Is Blood Really Thicker Than Water  

If you’re in an abusive relationship, you’re encouraged to end it. If you’re in a toxic friendship, you’re encouraged to let it go and move on. But if you have an unhealthy relationship with family… people will tell you that you should really try to stick it out and see it through. They’re your family. 

What obligation do you owe someone just because they’re family? That’s something I have been trying to answer as I go through this journey.  I’m not sure you have any obligation to anyone – but yourself and your convictions.

In my case – simply bringing up skeptical behavior or asking questions seems to be toeing a moral line. And you should know something before this episode begins. That line is about to get crossed. 

Part 1: Family Tree

Black family dynamics are complex. Camaraderie is important. There is a lot of mistrust in a system that has actively targeted and never supported black people. It’s common to want to handle issues within the family or squash them quickly and move on. My family was no different. It’s very obvious that my dad’s side was ready to keep things moving as soon as they could – especially when other family member’s names were getting brought up. 

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

I guess it could be because – my dad was already gone, why lose another family member to the system? But personally, I don’t care if the person who murdered my dad is a relative or a total stranger – I will not sit quietly on this.

Part 2: Omar Foston

I don’t know a lot about Omar. He’s family but he’s distant. I couldn’t tell you his birthday, his favorite restaurant, how he spends his time. Most of what I know about Omar is from the pages of police files.

I have heard a few things from family members about the dynamic between Omar and my dad. To Omar, my dad was Uncle J.C. It sounds like their relationship wasn’t the idyllic uncle/nephew bond. There was history there. The intricacy of their relationship makes Omar’s proximity to my dad’s murder – questionable.

Something did go on with him and Omar, but I can’t remember what it was or if it was serious enough that I can think like oh this is a problem.

Omar Foston is the key witness in this story. He was there the morning my dad was murdered. He was considered a victim of a “home invasion” by the same guys who allegedly shot my dad. Omar would have seen these guys – he went outside with them, spoke to them, and somehow ended up escaping from them. You can’t talk about what happened to my dad and not talk about Omar. He was there and he knew something.

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

In my opinion, Omar is the reason this case has not been solved. I’m saying this because he has information that could have closed this case twenty-one years ago, but it wasn’t that simple. It never is when you’re dealing with Omar.

I can tell you this, ok? Omar has done nothing but lie about the whole thing.

Let’s go back to that morning, the 9-1-1 call. There is something so strange about his dialogue. He doesn’t mention my dad at all. He gives no description of the men who were there. He gives hardly any detail at all other than they had his mom and his girl. The weird thing about the 9-1-1 call isn’t what he said, but what he left out. But when Omar got to the police station to give his statement, his story was – different.

Omar kept telling me all these stories.

Omar has told so many different stories and so many different descriptions.

While Omar was explaining the home invasion to the police, the overall storyline remained the same. It’s the little details that changed, and they changed drastically. First he said a black van, California plates. Then he told the detectives it was a truck. And in the same breath he says it was actually an SUV. Those are all very different. And that was just the beginning of a long list of stories he told .

Omar had changed the story from four people to eight people back to four people to three people to ten people.

When it happened I am talking to Omar in the driveway. He told me it was two guys with shaved heads – two of them with like cornrows. I said what were they wearing? Two of them had like hoodies – black or dark blue all this right. He went as far as describing one of them had really big wide nose you know and all this. I’m putting this all out on the radio. A few hours later Omar come in here, we bring him in here. And we had a program at the time called Faces and you could sit there and I could look at you or remember what you looked like and I can go and click eyes ok there’s the  eyes I’m looking for put the face together. Omar come up with pictures and here’s how I’ll describe it. With those descriptions of hair – very distinct cornrows, shaved head on the Faces Composite he drew me JJ from the show Good Times – big hair and all this.

They had like pictures of them drawn up and stuff. And I’m starting to think those pictures were not real.

It’s probably fair to say that Omar was worried about getting in trouble for his own participation in illegal activity. His mistrust in the police system didn’t make him eager to offer up a lot of information. But unfortunately, in situations like this you don’t look like a vigilante by withholding important details when you’re the key witness in a murder investigation.

But Omar really doesn’t want the police to know anything about his drug activity. He just repeats over and over again, “I don’t deal drugs. I don’t deal drugs.” The police don’t seem concerned with whether or not Omar is a drug dealer given the circumstances. They seem much more interested in hearing details that could help them identify the suspects or give them any idea why this happened.

Detetive Nippert: Well let me ex—OK. They pick this house to come and look for money, and mention drugs to your mom. Your mom hears them looking for drugs or money. Or both. See, what I’m trying to do is. I’m trying to get your mind working here, some you can maybe help us out a little bit here. Let me.. Let me make you understand something right now. Your drug activity is not our priority here.

Omar was not helpful. He was probably harming this investigation with his confusing testimony. You can  tell the detectives were frustrated, but also curious why he was acting this way.

Detective DeVaul: When I asked you what these guys looked like this morning. And I asked you, did any of them have cornrows, shaved heads, or anything like that you mentioned nothing of a goatee. You gave me a totally different description of this van. Or SUV, at this point I don’t know what I’m looking for. Here’s what I’m starting to think, Omar – I’m thinking you know who these guys are. Like it says in that 9-1-1 tape. It – when the dispatcher asked you, do you know who they are, and you said, yeah.

Detective Nippert: Omar, we need your help. Your uncle is dead. Your mom was that far away from being behind him. So were you, and so were the other people in that house, Omar. Omar, I don’t think you’re telling us everything we need to know. You’re not helping us catch these people and I don’t know why you’re not helping us.

Detective DeVaul: Somebody put a gun to my mom’s head – I would vow – I would do anything it took. You’re sitting here kind of lax about this…

Omar even says that these guys were shooting at him.

I’ll never forget he had like a wound on his forehead. And he told us that they were shooting at him – the people that shot dad were also shooting at him through the woods. I just – I don’t know about that mark he had on his forehead. It wasn’t no bullets he acted like a bullet grazed him or something.

If that were true — there would be some evidence of shots fired outside. But there was none.

That’s evidence right there when they went through the whole woods and found not one bullet.  

The police go back and forth with Omar for hours. Omar denies simple facts. These guys were looking for a safe. And they were looking for a safe that held a lot of money. And that money came from drug dealing – Omar’s, someone else’s, it doesn’t matter. But Omar won’t give them any information because it seems like he’s worried about incriminating himself. In his interview, he swears he doesn’t know why his house was targeted or how they knew about this safe. But Omar and his mother Pearl, could be trying to protect the owner of that safe.

Or maybe it’s cause she was involved. Not saying that she was involved in drug activity but her – maybe her kid was and she was protecting her kid. Because the safe was supposed to belong to Richard, which is Aunt Pearl’s son.

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.

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?

That safe supposedly belonged to Omar’s brother – Richard. This safe holds some weight in this story, but what does it have to do with my dad? 

With Aunt Pearl what really happened, I don’t know. They came into her house first. Went into her house, told her they were looking for money and a safe. She couldn’t come up with that. Maybe it was in our house next door, I really don’t know.

Maybe my dad was keeping the safe for Richard.

There’s something that has bothered me about this whole thing – something other people have pointed out to me as well.  My dad, a former drug-dealer turned police informant, owned multiple guns. They say he would have had to pass at least four guns to get from his bed to the living room where he was shot. 

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

But when he approached the hallway to walk to the front door – he didn’t have a gun in his hand.

My theory? 

He knew the person at the door. Maybe they were family. Maybe it was Omar. There’s a story I keep hearing – that my dad is buried with a fist. They say he was clenching his fist when someone kicked the door in and shot him, that by the time police moved his body, he had rigor mortis so they were unable to open up his hand.

They’re saying that dad died with a fist balled up. I don’t remember that. But the police even said that his fist was balled up.

They said his fists were like this when they got him to the hospital so he was wanting probably to fight this person 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 ‘em. 

If my dad thought someone was at the door with a gun, he would’ve grabbed a gun. But he made a fist instead. 

And they said that Omar looked like he had gotten punched in the jaw.

Omar maintains that he wasn’t there when my dad was shot – that he had nothing to do with it.

He was right there. He was right there. How do you not see these people? He knows who they are.

It’s infuriating to read through Omar’s witness testimony. He avoided nearly every question he was asked. Omar is quite the storyteller. His ever changing stories were what this entire investigation relied on and his lies made things more difficult.

He does not cooperate and he won’t talk to us.

Omar’s the key. Will we ever get the truth out of him? I don’t know.

But there were two other witnesses… Pearl, Omar’s mom. And Kim, Omar’s girlfriend at the time.

I honestly feel that Kim was the only sane person in that house that morning.

Kim didn’t see the men, she was ambushed in the dark and they put blankets over her. But even with her face covered, she heard their voices. And one voice was so distinct, she knew she would never forget it.

That voice still sticks in my head.

Part 3: The Trial

Kim plays a unique role in this story. She was the only victim there that day who wasn’t related to my dad. She gave an initial statement the morning of July 11. But she went back a few times with more information. Her testimony, even though she didn’t see much, was useful. She gave a lot of descriptive details that helped police eventually identify one of the suspects. That’s when they first heard the name Daryl Smith. 

Daryl Smith is the only person officially associated with my dad’s murder. Back in 2002, the Belmont County Sheriff’s Department and the Prosecutor’s Office both believed Daryl Smith was such a solid suspect that they took the case to a Grand Jury.  

A Grand Jury is like… a trial to decide if there is enough evidence for a trial. Sometimes it can be used to test the strength and validity of your witness testimony, learn more about the current suspects, or subpoena witnesses that are not willingly coming forward. 

The Grand Jury can be used as an investigative tool. So merely by taking cases to the Grand Jury doesn’t mean that at the end of the day we’re going to get a thumbs up or thumbs down.

On July 30, 2002 police issued a warrant for the arrest of Daryl Smith on murder charges and took him into custody. Omar identified Daryl Smith through a composite and Kim said she was “one hundred and twenty percent sure” that he was there that morning.

Frank Pierce was the Belmont County Prosecutor in 2002. According to the officials I spoke with, Frank Pierce was confident that Daryl Smith was their guy – that he killed my dad. But here I am twenty years later still trying to solve this case.

When the Grand Jury met to hear the case – to decide if this was strong enough to send through the judicial system – things took a turn for the worst.

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.”

Omar. He changed his story underoath and the prosecution panicked. If he couldn’t stick to a story at the Grand Jury, who knew what he would say when this went to trial. Frank Pierce didn’t want to risk it – If Daryl Smith was declared not guilty in his trial, they could never take him back to court again for the murder of my dad. So they dropped it and Daryl Smith walked.

On page 32 of the police report there’s an interesting note.

A year and a half after my dad’s murder – Daryl Smith was up for a thirty year sentence in a federal correctional facility for a drug charge. According to the arresting officer, Daryl inquired what forgiveness he would receive for assisting in solving a homicide. The arresting officer explained that he would receive substantial forgiveness from the drug charges, unless he was responsible for the murder, or involved in the murder himself. Daryl reportedly asked for a few moments with his attorney, and then let the arresting officer know that there was no deal. 

Part 4: Redacted

When I received the police report from the Belmont County Prosecutor’s Office, it was redacted. There were black marks covering sensitive information – social security numbers, addresses, phone numbers… but also covering names. If someone was considered a suspect, but never charged with anything, their name was redacted from the public record. The only name associated with this case – the only person ever charged was Daryl Smith. I had to find the names of the other people there. The first one came out quickly.

His name is Duncan Waitts. The police need to talk to him. But the police supposedly are afraid of this man.

Duncan Waitts. I asked to speak to him through a mutual friend and he declined. He admitted that he was considered a suspect early on and wasn’t comfortable talking with me. His name was brought up several times by multiple people.

It took me about 45 seconds to find out that Daryl Smith follows Duncan Waitts on Instagram. So at the very least, they know of each other.

Alyssa mentioned one strange encounter with Duncan.

When he threatened me, I went to our cousin who told me – “shhh, don’t say his name.” He said, “don’t say his name so loud.”

My own family, my dad’s nephews, could be protecting a main suspect in his murder investigation.

I’m telling you, they’re covering it up.

Would my family really protect his killers?

There was another name that popped up in the police reports. It was brought up by the witnesses, the detectives, and even people I spoke with twenty years later – Tone. Possibly a nickname or a codeword. Omar tells the police he heard the guys inside the house say “Tone” several times. Kim remembers it, too. Who is Tone?

Only thing I could hear was they was talking on some type of radio. I remember it was like two way radio or some type of radio. And only name that was ever said was Tone.

You know how many guys use the nickname Tone? I knew ‘em all. But they all come to dead ends.

I have gotten a lot of guesses from family members. Some still send me Facebook pages for Tone’s across the country. Some say “Tone” is definitely a nickname — and not his actual name. But when I sat down with the Belmont County Prosecutor’s Office, I overheard them 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.

Was Tone… Butchie?

Part 5: The Rumors

In every family there are whispers, but this is not a normal family by any means. Here, we don’t have small family gossip, we have repulsive rumors.  

I am struggling to decipher what information needs to be shared – what adds to this investigation and what is unnecessary. It is truly a struggle that makes me sick to my stomach. 

Multiple people, on separate occasions, came to me with an interesting motive for my dad’s murder. I talked even with Alyssa before putting this in the show because it’s incredibly sensitive. To protect identities – while discussing this topic – I am changing the voices and withholding the identity of the people I spoke to:

You know why Omar would’ve wanted your dad dead? Because Omar was sleeping with Alyssa.

Omar, my cousin – sleeping with my 16-year-old sister, Alyssa. 

Yeah Omar was going next door to your dad’s house and sleeping with Alyssa. And the rumors go that the night your dad was murdered, he caught them. He heard someone in Alyssa’s room, you know he was really protective of her. And when he went in there, he caught them having sex. Your dad popped Omar in the face and said if he caught them again he was going to turn Omar in for statutory rape. Then I heard that Omar went home and got so mad that he got a gun and went back over to your dad’s house.

This is insane – for so many reasons. The police report contains hundreds of pages about this home invasion and this theory negates that. It’s pretty out there. And the person who said this has no solid source of where they heard it from. When I heard it from another source, they, too, couldn’t remember where it originated. Just that once someone started talking about it, they all started talking about it.

I’ve met someone who has said a lie so many times they start to believe it's true. I think that is happening here. The people who told me this story were confident – that even if Omar didn’t kill my dad, they really thought he was sleeping with my sister. 

I had been making some progress in my investigation and was getting excited that I could be going down the right path. But this was definitely a curveball. 

Do I think Omar was sleeping with Alyssa? I’ll admit the rumor was disturbing but just specific enough that I considered it could be true. This could explain my dad’s clenched fist and why he never grabbed a gun. But something about this story didn’t sit right with me.

When I met with my sister for the first time in over two decades, I asked her if it was true. 

‘Cause no that’s not what happened. They’re crazy.

I believe her. The way she expressed herself, her body language, her shock. She had been incredibly vulnerable and honest about everything – I didn’t believe she was lying about this. This was not only completely untrue, but worse… a disgusting scenario that was being discussed behind her back. The family talks about it like that is a fact but they never brought it up to the one person impacted by it – Alyssa.

They are some sick ass people. I love the fact that they’re out there saying that about me, but they’ve never checked on me to see if I’m ok if that really is what happened. Nobody has ever asked me if this happened. This – I’ve never heard of this until you said it.

Part 6: Is Omar the Scapegoat?

There are a lot of rumors surrounding Omar that are absolutely insane and completely different from one another. But in this story when something feels that crazy, it might be true… That has been a difficult part of this journey – hearing a rumor that has been circulating for so long, it has taken on a life of its own. Getting to the truth means undoing twenty years of the telephone game. 

It’s like I can remember something so vividly and then other things are very foggy because people have told me so many stories that I start to get confused.

At the end of the day, everyone is trying to cover their tracks and eliminate their involvement, so their version of the story is completely different from someone else. Perception is reality. And after twenty years, it’s probably hard for them to separate the story they’ve made up from the real events that transpired.

Now do you see why I’m having such a hard time all these years ‘cause they tell stories that don’t – have nothing to do with the reality. Somebody told them that and they kept going with it.

Whether intentional or not, Omar lied. But everyone else is lying, too. And every lie is contributing to the confusion that is keeping this case from getting solved. Maybe that’s the point. Maybe the family is protecting their own. I’ve thought a lot about this – you’ve heard the names that I believe are directly associated with this day. But I have suspicions that some of my other cousins played a role in my dad’s murder.

But maybe there’s a reason behind it, they’re trying to have somebody as a fall guy. I’m telling you. ‘Cause I never thought it was Omar. I did have a feeling that he knew a lot more than he puts on though. But I never had that vibe that he actually did it.

Was Omar the scapegoat? He was the easiest person to throw this on.

Recently Omar and I started chatting on Facebook. He was offering up information about my dad’s murder without much push. He was just talking, and I was letting him. He gave me names and details that matched some of the reports. Was this the real story? Or just another tale to throw me off? I’d think after carrying around the secret of your uncle’s murder for twenty-one years you’d feel a little guilty. I wouldn’t want to live in fear – constantly looking over my shoulder for the rest of my life. Even after talking with him briefly, I can’t figure out what is going through his head. After the release of episode one, Omar reached out. He said I got it all wrong – but he’s had twenty-one years to set the record straight.

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

Part 7: Crossing the Line

One of the benefits of being on the outskirts of this story, is that I can see it from a bird’s eye view. I am not phased by the family ties. I don’t have a connection to the county officials. There is no quid pro quo here.

But I am not here to cause damage. I’m not trying to “out” anyone’s lifestyle. I’m searching for answers that are being covered up. If these people had been more forthcoming twenty years ago, I would not need to do any of this. 

There’s that moral line. The one I have probably already crossed. In exploring this case, I am making discoveries that people wanted to keep hidden. But if it is linked to my dad and his murder – if it is vital to this investigation – I’m going to uncover it.

Omar wasn’t the only person telling half-truths. It feels like my family is trying to protect someone. I knew I wasn’t getting the full story from anyone — including the cops in Belmont County.

Next Time on Ice Cold Case

The police… didn’t investigate very good.

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

In my career, this case right here is one I wanna solve.

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
Our music is by Matt Bettinson
With creative direction by Austin Christianson