The following testimony is from the Preliminary Hearing, 2/4/2004. The questioner is Dent County Prosecutor James Gray. The person answering the question is Don Gregory. Q. "Did you see Vicki Brown after closing?" A. "Yeah, she was sitting there, and Sheila Mae Westerman was consoling her, and they took her out and put her in the van, and I recall that she left a pair of shoes under the table, like high heels,....and I remember taking those out and giving them to Sheila, or some lady at the back door, and Vicki was in a van." Q. "How far from the back door was the van parked?" A. "Ten to twenty feet, you know, like maybe two parking spots south of the back door." Q. "Okay. As you were looking at the van from the back door, were you looking at the passenger side of the van or--?" A. "Yeah, the van was backed into the driving spot."

Now we go to the criminal trial. The questioner is the defendants attorney. The person responding is Deanna Dean. Q. "Okay. Where do you recall the maroon van being?"..A. "It was parked where the back door was. There was probably a couple of spaces. The van was backed in, and it was before the dumpster." Q. "And when you returned, where was it?" A. "The van was in the same place." Q. "You're positive it was in the second or third space outside the back door?" A."There was like a couple of spaces, one or two spaces around there because I had enough room when I pulled up. I pulled in beside the van on this side of the van." Q. "Between the van and the building?" A. Yes, and there was still room."

Now the testimony at the criminal trial is from Scott Westerman. The questioner is the defense attorney. Q. "Thank you, your honor. Mr. Westerman, when you left Gregory's Roadhouse, do you recall where Ms. Brown's van was parked?" A. "Yes...Just south of the building right before the dumpster." Q. "Okay. It was backed up to one of the parking blocks?" A. "Yes."

Now to some testimony from Don Gregory at the criminal trial. Mr. Mitchell, the defense attorney is questioning him. The State Exhibit No. 1 is the sketch of the parking lot at Gregory's Roadhouse. Q. "Okay. With respect to State's Exhibit No. 1, where is the deck that has been referred to? A. "The deck would be on the front of the building..." Q. "All right. and on that occasion, sir, with this being the trash dumpster, were there parking blocks coming out the south door to the trash dumpster?" A. "True, yes." Q. "And do you know or recall how many there were then?" A. "No. I mean, to the dumpster there's four or five. I've never counted them. I don't know. Four or five places to park there." Q. "Sure, Now, with respect to--Can you see? I'm sorry. Okay, With respect to these parking blocks, where was the van that was owned, the maroon van owned be Vickie Brown sitting?" A.  "It was in one of the first three spots. It's somewhere, I can't remember whether it was in the first spot or maybe the second spot, you know. It all depends on how people park. Some people take two spots when they park." Q. "And how many feet approximately would that be?" A. "From the building to where the van was parked?" Q. "Yes." A. "Oh, maybe 25, 20 to 25 feet." Q. "Okay, and would it be fair to say that on February 4th, 2004, you were asked the question, 'How far from the back door was the van parked?' Do you recall that being asked of you?" A. "No, I don't recall it, but probably was, yeah." Q. "That's okay. Your answer on that date, sir, was, '10 to 20 feet, you know, like maybe two parking spots south of the back door." A. "Okay." Q. "Would that be a fair statement?" A. "That's fair, yes."

Redirect examination of Mr. Gregory by State Prosecutor Ahsens. Q "..Sir I'd like to refer you back to this diagram, State Exhibit One." A. "Uh-huh, yes." Q. "Number two is marked as Ms. Brown's van. Do you see that here?" A. "Yes. On number two?" Q. "And number four is the trash container?" A. "Well the diagram is wrong." Q. "Why is that?" A. "Because the van was parked at the end of the building. The trash, the trash, the dumpster is out here." Q. "Oh, so the dumpster is actually out closer to three then?" A. "Yes because see, when I come down the deck with the trash, I had to walk in front of the van to get to the dumpster and that's when--" Q. "Well, we know that Mr. Mawell's body was found at the location where number two is shown, and that's where the van was. So it would appear then from your testimony that van had been moved between the time you saw them at 2:15 and the time that his body was found. Is that correct?" A. "I'm going to tell you, this isn't correct." Q. "All right, That's not what you remember?" A. "That van wasn't moved. The door was open on it. Chuck gave Neil CPR. I had to close the door. I stayed right there until the ambulance came and picked up Neil, and I stayed out there until the police got there." Q. "So no one moved that van between the time you went out when the women pounded on the door and you found the body and the time the police arrived?" A. "No, no, no." Q. "All right, sir, that's all I have."

The following is from the recross examination by the defense attorney. Q. "Sorry, Mr. Gregory." A. "Yeah. That's okay. I want--" Q. "That's okay." A. "I'll tell you exactly what I know." Q. "Exactly. What you're telling this jury is that when you came outside with the trash or with Misty Hayes?" A. "Right." Q. "The van was parked between the south end of your building and number four?" Q. "And the dumpster." Q. "Correct." A. "Wherever the dumpster is here." Q. "Sure. And this, sir, number two, the box that says number two?" A. "Uh-huh, yes." Q. "That is where the van was located when Mr. Maxwell was found by the police?" A. "No, that's not true." Q. "Where was the van located when the--" A. "Near the building. I was backed in, backed in, you know, headed out and Neil was on, this would be the south side of it, and the driver's door was open. His glasses were laying in the seat, and his hat was laying on the ground." Q. "Sir, are you telling this jury--" A. "I'm going to tell the jury that this diagram you got drawn up here isn't correct." Q. "I didn't draw it, sir." A. "Well." Q. "You're telling the jury that you believe Mr. Maxwell was between the building and the dumpster at the time that you and Chuck went out and found him?" A. "I know he was."

Fast forward to the civil trial. The defense attorney, Mr. Wilke, is the questioner. Highway Patrol investigator H.J. Folsom is answering. Q. "You never found out in your investigation until you learned during the trial that this van has been moved, do you?" A. "There's no evidence to support that the van was ever moved."

The following is from the closing statement of Mr. Mitchell, the defense attorney, at the criminal trial. "..Here's the bar. Here's the parking spots. Here's the dumpster. Here's where the van was found. Everyone says that when they took Vickie Brown to her van, that van was up in here. And he's[Ahsens] right. It doesn't whether it's in spot two or three or the fourth one. What matters was it was backed up to a position behind a parking block, and you heard it. They all said it. They all said it.  And where is it that  this if located? The van is now located on the other side of the dumpster where, ladies and gentlemen, there are no parking blocks.....Sergeant Roark said there wasn't any evidence of a body being drug from over here to here. Nobody drug that body. Ladies and gentlemen, I contend and I think the evidence tells you clearly that when Mr. Brooks left the parking lot, the van was here and Mr. Maxwell and the van ended up here. This man[Brooks] wasn't even present.

One last little piece of information about the van. The following exchange is from the civil trial. The questioner is the defense attorney, Wilke and the person answering is Sergeant Roark. Q. "Thank you very much. So DDCC, which really you are the special investigators, the detectives? A. "We're criminal investigators, yes." Q. "..That's just you and Folsom?" A. "For Troop I, yes."...Q. "How many--well first of all, you do know that at your request, you and officer--the DDCC's request, the van that was driven that night to the Roadhouse by Ms. Brown, it was taken into evidence?" A. "I believe it was towed, yes, and held."   Looking at a document of evidence called the 'Missouri State Highway Patrol Vehicle Record', we see that the person receiving the vehicle, which is  to be secured, is Eric Casey. 

For you sleuths: Was it wise to have a felon take away the van. If law enforcement had gone back to the van at a later date to gather more evidence wouldn't a defense attorney go to town with the fact that a burglar had had the van?

CHAPTER 8  BRIAN

'Missouri State Highway Patrol Report of Investigation', dated 11/22/03. The reporting officer is Sergeant R.E. Roark. "Attemp to locate Brian Brooks/Interview Deborah S. Brooks....At approximately 0547 hours, November 22, myself and the following officers arrived at the residence of Brian Brooks, located north of Salem, off MO 19.. a. Corporal H.J. Folsom; b. Corporal D.C. Suhr, and; Sheriff Bob Wofford...At 0550 hours I interviewed Deborah S. Brooks..The interview was conducted in her living room. I told Mrs. Brooks that we were investigating a shooting which had occurred at Gregory's Roadhouse earlier that morning. I further explained that her husband may have been in a fight with the victim while inside the bar. Mrs. Brooks provided the following information: a. The prior evening she left her residence at 1745 hours and returned home at approzimately 2130 hours. Brian was not at home when she returned. Brian was driving his Ford F-150 pickup, which was now parked in the driveway. I asked her who the red Ford Ranger pickup parked beside Brian's F-150 belonged to, and she replied that the Ranger was her vehicle. b. She was asleep when her husband arrived this morning. She awoke when he got into bed, and thought this was between 0130 and 0200 hours. They did not converse when Brian came into the bedroom. c. Mrs. Brooks stated she knows Vickie Brown, and admitted that she and Brian have had marital problems over her. She advised that Brian had moved to Springfield, Missouri, for a few months in order to get away from Vickie. He moved back home in July 2003. She did not know if Brian is still seeing Vickie..."

'Missouri State Highway Patrol Report of Investigation' dated 11/22/03. Reporting Officer: Sergeant R.E. Roark. 'Second Interview Brian K. Brooks'. "In continuing an investigation into the homicide of William Neil Maxwell which occurred on November 22, 2003, in Dent County; at 0705 hours, November 22, 2003, Corporal H.J. Folsom and I interviewed Brian K Brooks. The interview was conducted at the Dent County Sheriff's Office in Salem, Missouri...Brian provided the following information:..He said he arrived at the roadhouse at approximately 2130 hours, and was driving his Ford-F150 pickup. He arrived alone. He further stated he had consumed about one-half pint of Wild Turkey whiskey and eight or nine beers prior to arriving at Gregory's Roadhouse. After his arrival he had five shots of whiskey and an additional seven or eight beers. It should be noted that Brooks was clearly under the influence of alcohol during this interview. However, he was cognizant of what was occurring and was responsive to, and appeared to understand questions asked of him...I asked Brooks if he knew who Neil Maxwell was. He replied, "Yes, I found out he had bought some beer for my daughter during softball season. I had been planning to talk to him about that for some time." Brooks could not remember when he heard about this, but thought it was sometime during the summer. He could not give a reason why he had waited so long to talk to Maxwell about this allegation. He admitted he had discussed this with Maxwell while at Gregory's Roadhouse, and had been told by someone at the bar who Maxwell was...I asked Brooks if he knew Vickie Brown. He stated he did know her, and they had worked together at US Food Service. He further stated that they were just good friends. He remembered seeing Vickie at Gregory's Roadhouse, but did not remember talking with her at the bar. I told Brooks that several persons present at Gregory's Roadhouse had provided information about a fight which had occurred between he and Neil Maxwell. Brooks agreed he and Maxwell had fought after Maxwell struck him with his fist and they both fell to the ground...I told Brooks that I had spoken with his wife, Deborah and she had confirmed he had been involved in a relationship with Vickie Brown. I further advised he had moved to Springfield, Missouri, in an effort to get away from Vickie, according to DeborahBrooks. Brian Brooks replied, "I also moved to Springfield to get over a problem with meth and cocaine." I asked if he had used any drugs recently. He said "No, I've been clean for a few months now."..I next showed Brian Brooks an earring with what appeared to be a diamond, and a small gold colored necklace. I explained to him the two pieced of jewelry were also found inside his pickup. Brian Brooks stated he had purchased the earrings and the necklace as a gift for Vickie Brown. He further stated she had returned them after they stopped seeing each other.

'Missouri State Highway Patrol Report of Investigation', dated 11/22/03. The reporting officer is Sergeant R.E. Roark. 'Third Interview Brian K. Brooks'. "In continuing an investigation into the homicide of William Neil Maxwell, which occurred on November 22, 2003 in Dent County Missouri; at 1435 hours..Brook stated he was feeling better and had gotten some sleep. Brooks stated his memory of the events of the previous night was "foggy." I told Brooks that Vickie Brown provided information that they had argued on the roadhouse parking lot beside her van. That she had heard what she thought was a gunshot before Brooks confronted her near the rear of her vehicle. She also advised she had jumped into his pickup and rode with him to his house. Brooks stated he did not fire a gun near her vehicle and denied seeing William Maxwell on the parking lot. He did admit that Vickie Brown began beating on the side of his pickup as he tried to drive from the parking lot. She managed to open the passenger door and enter the vehicle. Vickie said she wanted to talk with Mrs. Brooks and Brian agreed to take her to her house. Upon arrival at his home, Brooks parked in the driveway, close to the house. Vickie exited the vehicle and began walking away from his residence, according to Brian Brooks....Brooks replied that during the earlier interview he was "foggy" on details of the previous evening due to drinking too much. He stated that he did not want to answer questions unless he could be accurate about the details. I again asked Brooks about the .25 caliber ammunition found in his pickup. He stated he did have a .25 caliber automatic pistol. He had found the handgun on the bank of the Current River somewhere between Baptist Camp and Cedar Grove Campground. He stated he was alone on the river when he found the firearm. This was about one year ago, according to Brooks. He said the pistol appeared to be in good condition when he found it. It was only fired once, when he operated the slide and the gun fired accidentally. He left the pistol in his pickup, and he advised he did not know the brand or manufacturer of the handgun. He also did not know what he had done with the pistol. I asked Brooks, if he had not fired the weapon, to account for the missing rounds form the box of ammunition found in his pickup. He replied that the ammunition was left in his vehicle by an acquaintance from Springfield, whom he had fished with. Brooks said he did not know the man's name, that he was not a close friend...."

CHAPTER 9  VICKIE

'Missouri State Highway Patrol Report of Investigation', dated 11/22/03. Reporting Officer: Corporal H.J. Folsom. "..At approximately 1210 hours, an interview was conducted of Brown at the Dent County Sheriff's Office...I asked Brown to explain what had happened after the fight inside the bar between Brooks and Maxwell. Brown explained that a short time later she left the bar and went out into the parking lot where her vehicle was parked. When she arrived at her vehicle, she was met by Maxwell. Brown further stated that Maxwell was going to take her home as she was too intoxicated to drive. Brown then stated that Maxwell was seated in the driver's seat of her van and she was seated in the front passenger seat getting ready to drive off when she had the urge to "pee". Brown stated that at this point, she exited the van to urinate. Brown stated she was behind the van "peeing" when Brooks approached the van and began yelling at Maxwell. Brown recalled hearing a "pop" which she later stated sounded like a .25 caliber pistol being fired. At this point, Brown stated she heard more yelling and that Brooks began walking towards the rear of the van....Brooks also then reportedly told Brown that he was going to testify against Brown in her divorce case. Brooks then turned and ran to his truck which was parked approximately twenty feet from the van. Brooks began to drive off when Brown stated she approached Brook's truck and began beating on the passenger door and window. Brown then stated she opened the passenger door of Brooks' truck while it was in motion and entered the vehicle as
Brooks was driving out of the parking lot. Brown also stated that Brooks was very jealous and had threatened to harm Maxwell in past conversations with her. Brown also stated that Brooks had also threatened her with a .25 caliber pistol in an argument between the two of them. Brown further stated she knew it was a .25 caliber pistol because she also owned one. Brown described Brooks' .25 caliber pistol as being "a black .25 caliber semi-automatic pistol" that was kept in the truck in a brown leather holster. Sergeant Roark then showed Brown the holster seized from Brooks' vehicle. Brown stated that this holster looked like the one she had observed Brooks' keep his .25 caliber pistol in. A portion of this interview was recorded on tape.."

The following information is from the 'Transcribed Statement Vickie L. Brown'. The questioner is Highway Patrol investigator H.J. Folsom. The person answering is Vickie Brown. Q. "Okay, the time is 1326 and today's date is the twenty-second of August, I'm sorry, the twenty second of November, the year 2003. Present in the room here at the Dent County Sheriff's Office is myself, Corporal James Folsom of the Missouri State Highway Patrol; and " A. "My name's Vickie Brown..."...Q. "Okay, and do you know Mister Maxwell?"..A. "Yes, I played ball with him." Q. "And you understand that I told you that early this morning he was found in a parking lot of a local drinking establishment with a gunshot wound and that he is deceased?" A. "Yes." Q. "Okay, do you know the name of that establishment?" A. "Gregory's Roadhouse." Q. "And at some point while you were there having a drink that Mister Maxwell came in and there was also another gentleman who came in at a different time named Brian?" A. "Yes." Q. "What's Brian's last name?" A. "Brooks."..Q. "How long would you think you've had a relationship with him?" A. "Three years." Q. "Three years. And you'd also had a short relationship with Neil Maxwell?" A. "I wouldn't say, yeah, I don't know, yes."...Q. "Okay, and basically last night at some point while you were in the establishment a fight broke out, a physical altercation between Brian Brooks and Neil Maxwell, was that correct?" A. "Yes." Q. "And do you have any idea what the fight was over?" A. "No, sir. I'm not sure."...Q. "Okay, so tell me what happened...." A. "I, I recall hearing yelling. I heard a pop, which I didn't recall until, until hear. And Brian running around the back of the van yelling and screaming at me and saying that he was going to turn for my husband's case in our divorce. I then ran after him to his truck...I ran to his vehicle, banging on his window and jerked the door open and got in... He took off. I mean I was yelling at him, "Why do you want to do this?"  Q. Okay, Did you happen, did you ever see Neil?" A. "No." Q. "As you were leaving?" A. "No, sir. I didn't see anything." Q. "And is it true that you left your purse and your cell phone in the van?" A. "Yes. I was, cause I didn't" Q. "Okay, that's because you had gotten into the vehicle and Brian drove off suddenly?" A. "Yes."

Q. "..So in his truck, Brian's truck, there was some screaming and yelling and you have several marks on your neck and I, I Sergeant Roark, my partner was in here earlier and he showed you a necklace and an earring that we found in the truck, in the front seat. Do those belong to you?" A. "Yes, they do." Q. "And where did the marks on your face come from?" A. "I don't recall, but I, I know that he pulled my hair and he shoved, he hit me, I mean he didn't hit me, he threw me down in the" Q. "Who's is he?" A. "Brian...When we were yelling and fighting. When I was kicking." Q. "This is when you're driving towards his house after you'd left Gregory Roadhouse?" A. "We were driving. I assume we were driving to his house cause that's where we showed up was at his house. That's where he said he was going." Q. "And eventually at his house you exited the truck and ran on foot to the local grocery store, a supermarket where you contacted someone and got a ride?" A. "Yes." Q. "And you told me and Sergeant Roark both about a conversation where Brian Brooks had held this gun to your head or to some other part of your body and threatened to shoot you and put you in a trash can?" A. "Yes." Q. "Okay." A. "Right to my face...And I said, "Go ahead. I don't care."....

Q. "Now while you're driving in the vehicle after you heard the pop, did Brian make any statements about Mister Neil Maxwell?....What statement did he make? He made a statement." A. "About I was hanging on his neck and I said, "Who?" And he said "You know who."..Obviously maybe he was talking about Neil, but I don't recall ever hanging on Neil's neck." Q. "Had, had Brian Brooks been drinking last night?" A. "Yes." Q. "Do you think he was intoxicated?" A. "Most definitely...Past the point, I mean, it was bad." Q. "Does he normally act this was in a violent manner?" A. "Yes." Q. "Yes? So back to the Roadhouse so that I understand this and, and am making it clear on the tape, at some point you were helped out of the establishment by two women where you were met by Mister Maxwell, who offered to give you a ride home and take care of you. At some point while you were there, you, you utilized the restroom outside. When Mr. Brooks approached the van where you and Mister Maxwell were near, is that correct?" A. "Yes." Q. "Okay, tell me about that when he approached again." A. "I was at the back of the van..I heard yelling." Q. "What kind of, who was yelling?" A. "Brian. I don't recall, I don't, I, it may have been Neil too. I don't recall." Q. "That's okay." A. "I just hear yelling and all of a sudden Brian is right there and, and somewhere in all that yelling and that, the pop was in there. And he was in my face calling me a ---- and a ----- and he ran to his vehicle, saying he was turning against me and was going to testify for my husband in our divorce case and that's when I ran to the van, I mean to the beat on his window of his truck an jerked the door open and got in."

Q. "How was, what was Brian's feelings about the relationship that you had with Neil?" A. "Hurt and angry." Q. "Was he angry towards Neil or did he make any threats towards Neil?" A. "He made, yeah, he made, he made a threat toward Neil." Q. "What did he say?" A. "He did make, he did say that he would pay, but it wasn't necessarily about the relationship that I had with Neil. It was due to is daughter." Q. "Okay, and I, I understand and we haven't really talked about this, but I'd understand from speaking with Brian that Neil had allegedly provided some alcohol to some minors, one of them being perhaps Brian Brooks' daughter?" A. "Yes, sir." Q. "He was upset about that also?" A. "Very so, yes.".. Q. "Now, was there any other time which Brian, did he ever bring this relationship up with Neil ever to you again? Was it a source of an arguments or anything like that?" A. "Yeah, yeah, it had been." Q. "And during any of those arguments did he ever threaten Mister Maxwell? Or threaten you?" A. "He did threaten to hurt Neil. He would, he would, he would pay. He was going to, he was wanting to meet him one night. He was wanting to meet him, he said." Q. "Now, after all tht we've talked about today." A. "Uh hum." Q. "Honestly, what do you think happened to Neil? Neil Maxwell?" A. "I, I think he was shot." Q. "Who do you think shot him?" A. "Brian, I think Brian shot him." Q. "And this isn't the easiest thing for you to talk about because" A. "No." Q. "You've had a relationship with Brian and you care for Brian." A. "Yes." Q. "And you also knew Neil and you didn't wish this to happen to him." A. "No. No, never." Q. "But there was only, they're only three people there, there was Brian, you and Neil. And-"  A. "I didn't know there was just three. Q. "Right, and of course, Neil is now deceased." A. "Yes." Q. "And there's no doubt in your mind that that pop was a gunshot?" A. "Yeah, there is doubt. I mean, I told you it could have been. At first when I thought I heard it, it sounded like he banged my van."

Q. "While you were in the truck that evening, did Brian ever show you a weapon?" A. "No, sir." Q. "Has he ever threatened you with a weapon that night." A. "No, sir." Q. "Did he ever stop and get rid of anything or toss anything out of the window?" A. "No, sir, not that I'm aware of." Q. "Okay." A. "Did not see him stop." Q. "Did he make any reference to having hurt Neil or doing anything to Neil that night?" A. "No, sir. We argued strictly about him taking me to his wife." Q. "Okay. There's no doubt in your mind that that it was Brian Brooks that shot Neil Maxwell?" A. "Sir, I had doubt cause I didn't see him pull the trigger." Q. "I understand." A. "I, I cannot say that he for sure did and, I cannot say that there was just us three there either because I do not know that." Q. "I understand. But I asked you earlier what do you think happened to Neil Maxwell and you told me that you thought Brian shot him." A. "Yeah, I did." Q. "You do?" A. "I do think that he shot him." Q. Because, because you were a little intoxicated and you didn't actually see the gun go off yourself, is that what caused the doubt?" A. "Yes." Q. "Okay, and that's understandable." A. "Because, sir, I'm not going to put somebody behind bars for something that they didn't do it. I don't know that he did it. I'm not a hundred percent sure." Q. "Okay." A. "I, I mean I can tell you everything I know and that,s all I know."

...Q. "Do you think giving Brian's intoxication that he could have shot and killed Neil? Based on what you've told me?" A. "Anything's possible. He was very intoxicated. He was very" Q. "I also understand that you did not see the gun go off and" A. "I never so the gun period, sir." Q. "that you were(Inaudible) and you made reference to the pop." A. "Yes." Q. "And, and you know, have I made you any promises?" A. "No, sir." Q. "Okay, have I threatened you in any way?" A. No, sir." Q. "Have I deprived you of anything?" A. "No, sir." Q. "Okay, we've treated you nicely?" A. "Yes, sir." Q. "And you've given the statement of you own free will?" A. "Yes, sir." Q. "Okay, and everything in this statement is it the truth?" A. "Yes, sir." Q. "Is there anything you'd like to go back and change?" A. "No, sir. It's the best of my knowledge, of my knowledge."

CHAPTER 10 - VICKIE'S SECOND INTERVIEW

'Missouri State Highway Patrol Report of Investigation', dated 11/26/03. Reporting officer is H.J. Folsom. "In continuing an investigation into the homicide of William Neil Maxwell, which occurred on November 22, 2003 in Dent County Missouir; on November 26, 2003, a second interview was conducted of Vickie Lynn Brown at the Dent County Sheriff's Office. At approximately 1235 hours, November 26, 2003, a second interview was conducted of Brown at the Dent County Sheriff's Office. Prior to this interview I was contacted by Brown who stated she had recalled additional information which she thought might assist in the investigation. Brown stated she had recalled Brooks kicking Maxwell after she had heard the "pop". Brown further explained she observed Maxwell on the ground near the van and that Brooks was kicking him. Brown also recalled seeing other persons in the parking lot at the time of the shooting, as well as other additional information. This interview was recorded..."  The following are excerpts from the transcript of the tape of the second interview. The questioner is Missouri Highway Patrol investigator H.J. Folsom and the person answering is Vickie Brown. Q. "Okay, the time is 1327. Today's date is November 26th, 2003. We're present here at the Dent County Sheriff's Department. Present in the room is myself, Corporal Henry James Folsom,..and Trooper Steven Crabtree,...Also present in the room is" A. "Vickie Brown."...Q. "And the reason why we're here today is without a doubt you were intoxicated the, the night this incident took place, is that correct?" A. "Yes." Q. "And since then you've remembered a few things and, had time to reflect and, and you've come forward with some additional information which you'd like to provide?" A. "Yes." Q. "I'd like for you to go ahead and tell me what you recall now as you're at the van.." A. "Okay, I was in the van and Dottie May was brushing my face and talking to me and, and trying to get me to breathe and calm down. Neil was sitting in the driver seat and he was talking to me, trying to get me to calm down  also. I had to go to the bathroom. I looked at Dottie and I said, "I need to use the bathroom." And I looked back at the Gregory's and the doors was closed and Dottie said, "It's all closed up and you can't go use the bathroom." And I believe Neil said, "Go ahead and just go out, outside, just go out there." So I got out of the van and I went to the back of the van. I put my arm on the bumper and rested and used the bathroom. I mean, I went to the bathroom. At that point, Brian came from behind me, which would have been from the side of where I got out." Q. "The  passenger side?" A. "The passenger side and I was facing, which would have been I guess south. And he came from behind me and he was in  my face and he yelled at me, "A .... and ..... and I'm going to help your husband" and then he went, I believe he went around, on around the van and at that point, I heard shouting and yelling and I heard a pop and I had got up and pulled my pants up and I went to the around to the edge of the van, but this is what I didn't remember earlier. When I got around to the edge of the van and stood at the back of the van, I saw Brian kicking Neil. Neil was down on the ground and Brian was kicking and stomping on him and Neil was hollering out and there was a man with a red hat and a blue shirt that was behing the door of my van, in front of it actually, in front of my van. And he and Brian looked at each other and I think they talked. The next thing I remember is Brian going around the end of his truck and he's yelling at me "A ... and a..." he's going to help my husband in our divorce case and I ran at the truck and I pounded on the window and I jerked the door open and I swung at him and hit at .. and I think I said,  "What are you doing?" And he shoved me down in the rear..between the seat and the dashboard and he took off. And I don't recall what direction. I couldn't see at that point. He took me, he said he was going to be, he said, I think "Look at what he did." And he poked me in the eye and I don't recall him saying Neil's name at all. I recall him, I recall him yelling at me and saying that he was going to take me to his wife to take a beating, for her to beat me up. And I recall on the way out there and this is something else that I didn't know, that I remembered until recently was I remembered because I was sitting in the floor that I fumbled and I got the door opened and I was trying to roll out of the truck and I heard the pavement, I heard the highway and he jerked me back in and he said, "What are you doing, .." ..Are you scared?" And I think I remember hollering, "No, I'm not scared. I'm not scared." And then I remember kicking at him at his legs, at the brake pedal, at the gas pedal. I remember us swerving and him hollering at me, "You're going to wreck us," and I said, "I don't care." And he's like, "You're just afraid the Indian's going to beat you." And I kept hollering, "No, I'm not."...And the next thing I remember was we was at his place. I was still in the floorboard. I think I got up out of the floorboard and was arguing with him. He opened the door and got out, hollering, "Deb. Deb, get out here. Deb, get out here." I heard Jeremiah, his son  come out of the house. He said, "Jeremiah, get back in the house." And Jeremiah's like, "What's going one?" I said get back in the house, Jeremiah." I never heard this Debbie, his wife. I never saw Jeremiah. I tried to get in form where I was at across into the driver's seat to put it in reverse to, to get away. Because I just wanted to go. I wanted to get away. I was afraid and so I tried to get it and he come across the seat. He opened the driver or passenger side and come across at me. I think he grabbed me on my arm and I just rolled back out of the truck and hit the ground and I got up and started running. I don't remember him coming after me because I think his son was holding him. I don't know that. I didn't look back. I ran to the woods. There was cars that went by. I was so terrified that the minute I saw lights I hit the ground and hid. From that point on, I walked in the cold with no shirt because he had ripped my shirt off in all of this process in the truck at his home. My necklace, my earring out, but I didn't know that. I didn't even know that I had missed that. And I walked all the way, scared to death to even go to a house and there's houses all over."

Q. "Eventually you reached" A. "And I went to get" Q. "A place where you contacted a Mister Cole and he came and picked you up?" A. "Yes." Q. "Bob Cole?" A. "Yes..I called my daughter first and I couldn't get her..I called my home. I called her cell phone and I couldn't get her. I then remembered that Bob Cole is a dear friend to us and he said, "If you ever, ever need anything."..Q. "I understand that you were picked up by Mister Cole." A. "Yes." Q. "And later you were contacted by family members and you contacted the police." A. "I did not contact. I never called the police whatsoever. My family did. They told them that I was okay. I didn't even know until Bob told me that Neil had been shot. I didn't know that." Q. "Now, I'd like for you to go back to the van." A. "Sure." Q. "When you were at the back of the van and you heard the, the yelling between you said Brian and Neil? Is that correct?" A. "Yes." Q. "Well, did you remember any of the dialog or any words that were said?" A. "Sir, I don't. I'm sorry...I don't recall that. I just recall it was loud shouting. No, I don't. Q. "At the point when you heard the pop?..What do you think that the pop was?" A. "At first I thought it was Brian had hit my van with, with something...And then when I was talking with you guys as we went through this and went over it, I recalled that being a pop and I owned a twenty-five caliber and you ssid, "You know what a twenty-five caliber sounds like?" I've shot mine and I said, "Yes." So that pop sounded like a pop of a gun, but at the time I didn't recall it that way." Q. "What do you think happened to Neil?" A. "Neil was shot, I think." Q. "By whom?" A. "That sir, I'm not sure, but I'd say Brian is the only one that I can, I mean, he's the only one that makes any reason to have shot him. I know of no one else who could have had reason to shoot him. Everybody loved him." ...

Q. "Is there anything else that you recall that we have failed to mention? That took place outside? Anything that I've forgotten to ask you that you'd like, that you remember now that you'd like to say?" A. "There was, what I thought when Dottie May was there at the van, I thought I saw two, two cars that was parked there by the, by the front right there by Gregory's facing the building of Gregory's. For some reason I thought they were cop cars." Q. "Okay. Well, I, I know that the police did come that night a little later about the time the bar closed and, and made a drive through in the parking lot and stopped and talked to the owner, I believe. I'm not sure if those are the cars you saw. We understand and you've been very honest, were you intoxicated that evening?" A. "Severely."...Q. "Okay,..We've talked a little bit about the past and, and have you recalled any other threats that Brian Brooks made against Neil Maxwell? I know that , that you had had a relationship with Neil Maxwell, a brief relationship, and that Mister Brian Brooks was upset about that...I there any other threats or anything that you remember that Brian Brooks made towards Neil Maxwell, whether they be that evening or earlier that you haven't mentioned to me?" A. "No, because I've mentioned to you about the phone call when I called." Q. "Uh hum." A. "And I believe that Neil had a friend there with him the night that call came in and they might be able to tell you what Neil relayed to them of the conversation and what he heard Brian Brook say." Q. "What did Brian Brooks say?" A. "He was hollering and I kept trying to cover his mouth because I didn't want Neil to know I was with Brian." Q. "Understandable." A. "And he kept saying, "He's not the only one. He's not the only man in your life or something like that" and he is a little .....and he wants to meet him, just meet him somewhere. "Just tell him where. I'll meet you."...Q. "Has everything today that you've told me, is it the truth?" A. "It's the honest truth. It's the way I remember it." Q. "And you've also agreed to undergo a polygraph test?" A. "Yes, if I need to." Q. "Okay." A. "Whatever you need me to do." Q. "And I, and I told you at this point that we don't think that's necessary." A. "That's fine."..Q. "Okay. We're going to go ahead an conclude the interview now. The time is 1345. Today's date is November 26th, the year 2000 and 3."

CHAPTER 11 AMY, DOTTIE MAY, SHEILA MAE AND SCOTT

'Missouri State Highway Patrol Report of Investigation, dated 11/22/03. Reporting Officer is Trooper S.H. Crabtree. "In continuing an investigation into the homicide of William Neil Maxwell..I interviewed Amy Jane Marrill...Marrill stated that at approximately 0130 hours, Maxwell told her he was going to give Vickie Lynn Brown and ride home. Marrill stated she assisted Maxwell in walking Brown to Brown's vehicle. Marrill stated Brown was drunk. Marrill stated after she walked Brown to her vehicle, Marrill left with Opal Dean in Dean's vehicle." 'Dent County Sheriff Department Supplemental Report interview with Dorothy May.' Reporting officer is Rodney Jackson. "The afternoon of 11-26-03 I interviewed Dorothy May. Dorothy has the nickname of Dottie May". I asked Dorothy if she had gone to Gregory's Roadhouse recently. Dorothy stated that she had not been to Gregory's Roadhouse in at least 5 months. Dorothy made the attached written statement. This