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."