Home | THE MURDER OF NEIL MAXWELL - THE REAL STORY | CHAPTER 20 | CHAPTER 19 | CHAPTER 18 | CHAPTER 17 | CHAPTER 16 | CHAPTER 15 | CHAPTER 14 | CRIME SCENE SKETCH - VEHICLE REPORT - CRIME RECORD | CHAPTER 13 | CHAPTER 12 | CHAPTER 11 | CHAPTER 10 | CHAPTER 9 | CHAPTER 8 | CHAPTER 7 | CHAPTER 6 | CHAPTER 5 | CHAPTER 4 | CHAPTER 3 | CHAPTER 2 | CHAPTER 1 | NEIL MAXWELL MEMORIAL SOFTBALL TOURNAMENT | WHO MURDERED NEIL MAXWELL? | CIVIL TRIAL RESULTS | THE CRIMINAL TRIAL RESULTS | A POEM WRITTEN SHORTLY AFTER NEIL WAS MURDERED | NEIL ON THE HARLEY | NEIL ENJOYING A BREW | NEIL IN THOUGHT | PHOTO ALBUM
CHAPTER 6

CHAPTER 6 THE AUTOPSY AND AMBULANCE 
 
This is a difficult chapter, but it is necessary for understanding the whole story. The questions are asked by State Prosecutor Ahsens and the answers are given by Dr. Eddie Adelstein. Q. "What do you do for a living, sir?" A. "I'm a pathologist at the University and at the VA hospital. I'm also the deputy medical examiner of Boone and Callaway County."... Q. "I'd like now to turn to if we may, sir, November 22nd of 2003. Is that the date on which you conducted this autopsy?" A. "That is correct.".....Q. "What did you find with regard to the height and weight of Mr. Maxwell?"   ...A. "5'10', right, and weighed about 165 pounds."...Q. "When you examined the clothing that the--Did there appear to be a hole in the clothing that was consistent with the gunshot wound?"...A. "There's and area, a rip about a couple of inches right over where the bullet hole, the bullet wound is that has also some deposition of gunpowder on that tear."...Q. "So your conclusion then to a reasonable degree of medical certainty is the cause of death was?" A. "Gunshot wound to the chest with penetration of the heart." The cross examination was by Mr. Mitchell. Q. "Okay. Now, and again, I understand that with the blood collecting in the light lower lobe, it wouldn't have collected there immediately with seven pints, would it?" A. It could have collected pretty fast. It could have collected within 30 to 50 seconds.".....Q. "If there was forceful stomping in and about the mid section immediately following, not 30 to 50 seconds later, would you have thought or believed there should have been more blood found in the area of the wound?" A. I would have believed it's quite possible you would have seen some, yes." The following redirect is from Prosecutor Ahsens. Q. "Just to clarify, Doctor, you cannot say whether it would cause that or not?" A. "I cannot."
 
The following information is from the 'Missouri State Highway Patrol Report of Investigation'. The reporting officer is Trooper S.H. Crabtree and is the interview of Donald L. Gregory. Report date is 11/22/03. "Gregory advised he was cleaning up the bar at approximately 0230 to 0235 hours, when he heard someone beating on the back door. Gregory opened the door and a female, later identified as Opal Deanna Dean, requested him to come out to the parking lot because they had discovered Maxwell and believed him to be deceased. Gregory went to the location of Maxwell with a subject he identified as Chuck Notter (last name spelling unknown). Amy Marrill and Dean directed them to Maxwell. Gregory stated, "I picked up his hand (right hand). He was cold with no pulse." Gregory stated Notter attempted to give Maxwell cardiopulmonary resuscitation. Gregory stated he called 9-1-1 using his cellular telephone. Gregory stated he knew Maxwell was deceased and again contacted 9-1-1 and advised them to contact the sheriff's department. Gregory advised he believed Maxwell was murdered sometime around 0230 and 0240 hours."  For you detectives, how could Neil have been murdered "sometime around 0230 and 0240 hours" if the beating on the back door was approximately 0230 to 0235 and Neil was already cold?
 
The following information is from the 'Missouri State Highway Patrol Report of Investigation'. The date is 11/22/03. The reporting officer is Trooper S.H. Crabtree. The interview is with Amy Jane Marrill. "Marrill stated that at approximately 0230 hours, Marrill and Dean came back to Gregory's Roadhouse so Marrill could pick up her Blazer. As they pulled into the parking lot, Dean stated to Marrill, 'Someone's over there lying on the ground.' Marrill stated she walked around the van and observed someone lying there. Marrill stated she checked the subject for a pulse. Marrill advised Dean to go get help. Dean came back with Donald Gregory and "Chuck." Marrill stated she realized the subject was William Maxwell. Marrill stated they attempted to give Maxwell cardiopulmonary resuscitation. Marrill did not witness anyone else on the parking lot."
 
'Missouri State Highway Patrol Report of Investigation'. Report date is 11/22/03. The reporting officer is Trooper S.H. Crabtree. The report is about the interview of Opal Deanna Dean. .."Dean stated she and Marrill arrived back at the bar in order for Marrill to get her Blazer. Dean stated as they pulled into the parking lot she observed legs under Brown's van. Dean stated the  driver side door was open and the dome light was on. Dean stated she observed Maxwell lying face down on the ground, legs crossed and a hat at his feet. Dean could not recall if either she or Marrill had rolled Maxwell over. Dean stated she checked for Maxwell's pulse and could not find a pulse. Dean stated to Marrill that Maxwell was "gone". Dean did not witness anyone else outside on the parking lot. Dean stated she went to the back door of Gregory's Roadhouse to get help. Dean stated Don Gregory answered the door and she advised him of the situation. Dean stated Gregory and "Chuck" came out to assist with Maxwell. Dean stated "Chuck" initiated cardiopulmonary resuscitation on Maxwell. Dean advised she did compressions on Maxwell and did not notice any blood when she raised his shirt. Dean stated Maxwell's body was cold, his pupils were dilated and he had no respiration and no pulse." Okay, detectives. Aren't the pupils of a persons eyes fairly small? Was the shirt up? Did anyone notice the gunshot wound? How big was it in comparison to the size of the pupils? 

The following is the written statement signed by Bill Bettigrew and given to the Dent County Sheriff's Office. The date of the statement was 11-25-03.  "..That was the last I saw Mr. Maxwell or the woman, it was about 1:45 or 2:00 a.m. We got the place cleaned up and were talking about what a mess it was, because of the fight & what it was started over and such when there was someone beating on the back door. Don Gregory and myself opened the front door and went to see what was going on when we, Don & I saw two women, they were saying something was wrong with Mr. Maxwell. Don & I walked over to a van that was parked by the trash bin. There we saw Mr. Maxwell laying on his back beside a van with the door open the dome light on & the ding ding bell going off like the keys were still in it. No one else was in the van, the only people around were the two women, Don & I. The women said they could not find a pulse on Mr. Maxwell so we called 911 and got pro. help.  "When the right people got there I got out of the way and stayed that way." The following is from the 'Dent Count Sheriff Department Supplemental Report'. The reporting officer is Rodney Jackson. The date is 11/25/03. "..Bill stated that Neil's shirt was slightly raised partially exposing Neil's abdomen. Bill touched Neil's abdomen and it was cool to the touch. Don Gregory used Bill's cell phone to call 911. The time was around 0220-0230. Bill stated that from his personal observation's he knows that Brian Brooks is a hot head. Bill related a story about an incident at Gregory's Road House that occurred 4-6 weeks ago involving Brian Brooks. Brian was complaining about the husband of a woman Brian was seeing. The husband called Brian's daughter and told Brian's daughter about Brian's affair with his wife. Bill  stated the Scott Duncan was also there during this conversation. Brian told Bill and Scott that he would beat that m....rf....r to death and that he would shoot him. Brian was told that he could not even hit the street light in Gregory's parking lot. Brian fired one shot at the light and missed. Bill also stated that he has heard from second hand information that Brian Brooks uses meth. Bill was given statement forms to fill out. He will return them in the morning."

The following from the signed statement of Fred E. Whitaker, Jr., written on 11-26-03. It is written on a Dent County Sheriff's Office statement form. "...Katrina and Misty started vacuuming, Chuck and I started moving tables about 10 to 15 min. later I heard a beating on the back door I said I'll get it, Gregory said don't let them in it's just somebody wanting beer. I was to the door and said who is it? I heard a voice say I need help I started to run for the front door. Gregory and I was the first to out the door and to the sight. there was a..colored mini-van backed up close to the dumpster the driver door was open and Neil Maxwell was laying on the ground face up. the 3 girls that found him said he was face down they rolled him over. Don leaned over and said Neil and put his face by Neil's I grabbed his arm to shake him. When I grabbed Neil's arm he was already cold. I reached up and pushed the drivers door shut because Neil was under it. Chuck had come out at this time I was trying to find a pulse. Chuck and one of the girls was checking his air-way We started CPR We thought he had been knocked out Called 911. When the ambulance got there they checked for vital signs, they loaded him in the ambulance Chuck went with them to the hospital doing CPR all the way."  I noticed in the drivers seat of the van Neils glasses folded & set in the seat. his hat had been by his feet upside down. Anybody who knew could tell these were signs of Niel getting ready to fight."  Now fast forward to June 14, 2006.

'DEPOSITION OF CHARLES NOTTER, produced, sworn, and examined on Wednesday, June 14, 2006..' The questioner is the Maxwell attorney, the person answering is Chuck Notter. Q."How did you learn that something had happened to Neal?" A. "There was a knock on the door. The establishment was closed. I was helping Martin clean up and straighten things up--I'm sorry. I was helping Don Gregory straighten and clean things up, and there was a knock on the door." Q. "Did you frequently help clean up?" A. "Not really. It was--this was a Friday night. I didn't have to work the next day and I just stayed and helped clean up. I've done it before. It wasn't something that I would do on a daily basis though, no.".. Q. "After the knock on the door, tell me what happened." A. "Well, Don Gregory opened up the door. There were two girls standing there. They said someone was--they said Neal was out in the parking lot. I ran out there. I found Neal next to a van laying on the ground not breathing. I started CPR on him until the ambulance arrived." Q. "What was his body position when you first saw him?" A. "He was lying on his back, his legs were crossed, and he had a smile on his face.".. Q. "Was somebody--had somebody else already started CPR?" A. "No." Q. "At what point did you stop the CPR?" A. "When the ambulance arrived they started doing what they did. We put Neal into the ambulance. They asked me to go with them, and I continued compressions while the other ambulance--one fellow drove the ambulance and the other fellow bagged him." Q. "Were there only two ambulance personnel?" A. "Yes." Q. "Are you trained in CPR?" A. "Through the Boy Scouts." Q. "Did the ambulance drivers ask if you knew--if you were trained in CPR?" A. "No they did not." Q. How many drinks do you think you has that evening?" A. "Probably had three beers." Q. "Anything else?" A. "No." Q. "So you went in the ambulance to the hospital. Then what did you do after that?" A. "Went back to the Roadhouse." Q. "Who was there when you went back?" A. "Don Gregory. Can't remember. There were..I believe the two girls who were working that night..and the DJ was there--or--yes, the --Freddie Whittaker was there. Actually, Freddie Whittaker came up and --because since I rode in the ambulance, I had no way to get back to my car, and Freddie Whittaker came up and got me." Q. "Were police officers there?" A. "Yes." Q. "Do you know how many?" A. "A lot." Q. "Did they have the crime scene taped off or sealed off?" A. "Yes. I can't swear to that but I'm pretty sure I remember seeing tape put up.".. Q. "I just have a couple more questions. When you found Neil Maxwell lying outside the Roadhouse, was his body cold?" A. "Yes."

The following sworn testimony is from March 7, 2007 at the civil trial. The questions are asked by the Maxwell's attorney; the answers are by Deputy McDonald. "..A. "I worked at Salem Police Department as a patrol officer." Q. "From when to when?" A. "From March 2000 till 2005." Q. "Were you working in the early morning hours of November 22, 2003?" A. "Yes, sir, I was." Q. "Did you have occasion to go to Gregory's Roadhouse?" A. "Yes, sir, we did." Q. "Can you tell me how that came about?" A. "In this particular instance, the Roadhouse itself is considered in the county. It's right on the border of the city limits of Salem and the county. We would go there only on an assist measure. That's it. We would go there is the county was too far out of pocket, they need the scene secured, if there was some sort of altercation at the bar itself. And we would go there to assist and wait until county deputies arrived. This particular night it came out to me as an ambulance call. Knowing nothing else, that's what I was going into it as, was just an ambulance call." .. The cross examination is by Mr. Hamlin. Q. Deputy, as I understand, you first arrived at Gregory's at--well, sometime after three a.m.; is that correct?" A. "Approximately , yes, sir."  Q. "In other words you arrived after the ambulance assist call, right?" A. "Yeah. And as I was getting there, the ambulance was in the process of finishing up on the scene and driving away. I was pulling in. They was pulling out." ..Q. "Are you aware we have a phone log here and the ambulance was requested at 3:01 a.m.?..So they were contacted at 3:01. They has already gotten there loaded up Neil--" A. "Uh-huh." Q. "And that's when you arrived, is that correct?" A. "Yes, sir." Okay, detectives. Was the crime scene secure? Should the body have been moved? Should a bar patron be allowed in the ambulance?