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."