Friday, August 28, 2015
Murder of Holly Bobo
Holly Bobo (born October 12, 1990 – 2011) was an American woman who disappeared April 13, 2011 from her family home in Darden, Tennessee. She was last seen alive by her brother shortly before 8 a.m. walking into the woods outside her home with a man wearing camouflage. In September 2014, her remains were found in northern Decatur County, Tennessee and her death was ruled a homicide. Six men have been arrested for varying degrees of involvement in the crime, however, only three of the six men arrested are currently being prosecuted. The prosecution has been heavily criticized for their refusal to produce evidence against the defendants, missing multiple discovery deadlines, and for making frequent changes to the charges against the defendants with little explanation. Currently, the men are facing charges of especially aggravated kidnapping, first-degree murder, and rape. Prosecutors are seeking the death penalty. Charges against two of the men were dropped and another suspect committed suicide before charges were filed. Most of the arrests were made on the basis of a confession by John Dylan Adams, who told police he saw his brother, Zach, and another friend, Jason Autry, with Holly at his brother's home after her kidnapping. It is unknown what led police to question Dylan about Bobo's disappearance. He has since alleged that the confession was coerced. All of the accused men deny involvement in the disappearance and no additional evidence has been released. Defense attorneys for the men complained that they still had yet to receive a bill of particulars detailing the case against their clients and the results of forensic testing done on evidence from the case over a year after the arrests were made. Prosecutors were ordered to turn it over by December 2014. Attorneys for the defendants have filed motions to dismiss charges on the grounds of "silence or stonewalling". On June 3, 2015, Judge C. Creed McGinley again issued a deadline, giving them 30 days to turn over the evidence. In July 2015, it was announced that the defendants finally received access to all the evidence against them, although it still has yet to be released to the public. The case has been met with several setbacks such as the death of a suspect, multiple changes to the prosecutorial team, and disputes with the Tennessee Bureau of Investigation ("TBI"). The TBI briefly withdrew its services to the entire district after the prosecutor accused the TBI of compromising the case by proceeding "so slowly that the culprits were always one step ahead and that TBI... was leaking information and possibly covering up evidence." District Attorney Matt Stowe said he and the TBI are still "actively looking" to bring criminal charges against additional people, although he declined to name the parties or the charges.
History: Holly Bobo was a 20-year-old nursing student at the Parsons campus of the University of Tennessee at the time of her disappearance. She was living with her parents, Karen and Dana Bobo, and her brother Clint in Darden, Tennessee. Bobo's friends describe her as shy. "She is such a sweet and kind person who would never judge anybody," classmate Brittany Brown said. "She's very grown-up and respectful and modest. She was the kind of girl who never did anything on her own and who only felt secure when she was at home." Friend Hannah Reece said Bobo spent most of her time studying, spending time with family and riding all-terrain vehicles with her boyfriend. Bobo was the cousin of country singer Whitney Duncan, who was active in gaining publicity for the disappearance.
Disappearance:
A timeline of the events on the morning of April 13, 2011 was compiled on the basis of witness statements and phone records.
-4:30 a.m. Holly awoke to study for a nursing exam she was scheduled to take at 8. Her father Dana said that he woke up shortly after Holly. She was studying quietly in her room while he got ready and her mother and brother slept. "A lot of mornings before I leave, I'll ask her if she needs any money to buy gas," Dana said. "It is about 5:30 I guess, when I usually leave to go to work, and I talked to her through the door. She said leave her some money, and I left the money on the bar at 5:30 or 25 until 6, and that was the last I talked to her."
-7:00 a.m. Karen Bobo left for work. "By that point [Holly] had already gotten up, put her clothes on and was sitting at the dining room table. I fixed her lunch and stuck her breakfast in the microwave, and I left for school," she said. Shortly after Karen left, Holly spoke over the phone to fellow nursing student Hannah Reece. They also texted back and forth that morning.
-7:30 a.m. Holly answered a call from her boyfriend, Drew Scott. Drew had been turkey hunting nearby on her grandmother's property. A relative spotted Drew and did not recognize him, prompting him to explain that he had permission. Drew then called Holly to tell her what happened. Holly was in her home at this point with her brother Clint, who was still asleep.
-7:40 a.m. A neighbor to the Bobo residence heard a scream as he was leaving for work. He told his mother about the scream then left for work. Clint Bobo says he did not hear the scream.
-7:45 a.m. The neighbor's mother called Karen Bobo at work and spoke to the secretary, who relayed the message about the scream.
-7:50 a.m. Clint was awakened by the family dogs barking. He looked outside and saw a man, who he believed at the time to be Holly's boyfriend, Drew, with her outside. "I slightly raised the blinds and looked out this window and saw Holly," Clint Bobo said. "It appeared to be Holly kneeling down and Drew. They looked like they were kneeled down, facing each other in the garage, and they were talking back and forth. Holly sounded very upset and heated. He was doing much of the talking, and she would answer back and things like that. I couldn't make out hardly any of the words. The only words I could make out from here were Holly saying, 'No, why?'" Clint said that he figured Holly and her boyfriend Drew were breaking up. Karen Bobo called home and spoke to Clint. "I said, 'Clint, that's not Drew. Get a gun and shoot him." Clint reportedly replied "You want me to shoot Drew?", still believing the man was Holly's boyfriend.
-7:55 a.m. Karen Bobo called 911. However, because she called from school, she reached the dispatcher for the wrong county. At home, Clint looked outside again and saw the man dressed in camouflage walking with Holly into the woods. He tried to call his sister's cell phone as well as her boyfriend's cell, but neither picked up and the calls went to voicemail. Clint described the suspect as being between 5'10" to 6 foot tall, and from 180 to 200 pounds.
-8:00 a.m. Karen Bobo called her house again. Clint told her what he saw and she instructed him to call 911. Clint got a loaded pistol and walked outside. He spotted a pool of blood near Holly's car, at which point he dialed 911. It has not been disclosed how much blood was found, but the blood was confirmed to be Holly's.
Investigation: Extensive searches of the area were conducted following her disappearance, but the case went cold until September 2014, three years after her disappearance, when Bobo's remains were found in a wooded area in northern Decatur County, Tennessee, nearly 20 miles (32 km) from Darden. The area where she was found had previously been searched, but her remains were not located at that time. A search of the area via aircraft was unsuccessful due to heavy tree foliage. The owner of the property said that while the woods had been searched, the specific area where she was found was not thoroughly searched. "We've seen people from Michigan, Arkansas, Florida and everywhere, back up in that area but I think most of them just searched just a few feet from the roadway and probably didn't go that far up in the woods." The remains were found by two men hunting for ginseng. The owner of the property said that while it was private property, it wasn't uncommon for people to hunt on the property without permission. One of the men who found the remains said he saw a large bucket in the woods, which he upturned. Details of the contents have not been released, as authorities asked him to remain silent, but in an interview he said he was disturbed by what he found. He then spotted the skull and other remains spread on the ground behind him. A lunch box believed to be hers was found in a creek approximately eight miles away from her home shortly after her disappearance. A shoeprint that matches Croc's brand footwear was found outside at Holly's residence.
Arrests: Six men have been charged in connection to Bobo's disappearance, however few details of the case against them have been released. Twenty-nine-year-old Zach Adams, his brother Dylan Adams, and friend Jason Autry have been charged with especially aggravated kidnapping, first-degree murder, and rape. Another two men, Jeffrey and Mark Pearcy, were arrested on charges of accessory after the fact and tampering with evidence, however charges against the Pearcy brothers were dropped and the other man, Shayne Austin, committed suicide before charges were filed. Police have yet to release what connection, if any, the men may have had with Bobo prior to her death and have not yet named a motive for the murder. Prosecutors are seeking the death penalty in the case against the Adams brothers and Jason Autry. According to court documents, the prosecution is pursuing the death penalty because "the murder was especially heinous, atrocious or cruel in that it involved torture or serious physical abuse beyond that necessary to produce death;" because it was committed by the suspects for the purpose of "avoiding, interfering with, or preventing a lawful arrest or prosecution;" and because the murder was "knowingly committed, solicited, directed or aided" by the defendants while each defendant had a substantial role in the murder, kidnapping and/or rape.
Zach Adams: The first arrest in the case was made in March 2014, prior to the discovery of the body. Zach Adams was charged with first-degree murder and especially aggravated kidnapping after Adams brother, John Dylan Adams, told police that he witnessed Bobo alive with his brother at the home they share following her abduction. An affidavit for a search warrant states that Dylan told authorities that on April 13, 2011, he went to Zach's residence to get his truck. Dylan reportedly "observed Holly Lynn Bobo sitting in a green chair in the living room wearing a pink t-shirt, with Jason Wayne Autry standing just a few feet away." He also told police Zach was "wearing camouflage shorts, black cut-off-sleeve t-shirt and a pair of green Crocs" shoes. Dylan also reported that Zach told him "he had raped Bobo and videotaped it." The alleged videotape has not been found. Investigators also uncovered "a blond hair covered in dust from a bedroom closet" of Zach's residence. Whether any forensic testing has been conducted on the hair has yet to be released. Holly's remains were found several months after his arrest in a wooded area approximately 15 miles from Adams' residence. An additional charge of rape was added a year later in May 2015. It is unknown what led police to question Dylan about the Bobo case and he has since alleged that his statements were coerced.
Jason Autry: In April 2014, Zach Adams' 39-year-old friend Jason Wayne Autry was also charged with especially aggravated kidnapping and first-degree murder on the basis of Dylan's statement. Autry was also charged with rape a year later in May 2015. Aside from Dylan's initial statements, no additional evidence has been released connecting Autry to the crime.
Shayne Austin: Another man, Shayne Kyle Austin, was initially offered immunity in exchange for information regarding the location of Bobo's body. Phone records indicate that Austin was in contact with Adams several times on the day of Bobo's abduction and police believed that Austin helped dispose of the body. The agreement was withdrawn after Austin was unable or unwilling to lead them to the body and the district attorney released a statement that Austin "has not been completely truthful, forthcoming and cooperative as to any and all aspects of this investigation." In April, Austin's attorney filed a complaint against the State asking for an immediate and permanent injunction preventing the state from charging Austin. Austin was found deceased in February 2015 in Bartow, Florida of an apparent suicide. Austin's attorney blamed the suicide on the continual threats of prosecution as well as the "witch hunt" style of investigation, where they relied on rumors instead of evidence. His attorney insists he had nothing to do with the murder and cooperated fully with police.
Dylan Adams: In September 2014, Dylan Adams, Zach's brother, was charged with tampering with evidence for allegedly disposing of evidence on April 13, 2011. The Tennessee Bureau of Investigation (TBI) has not made public what evidence he has been charged with destroying and subsequently dropped that charge. He was then charged with rape based on a statement he made to police, where he allegedly admitted to raping Bobo. His attorney alleges that he hasn't received any evidence from the state relating to the charges. In May 2015, Dylan Adams was indicted on charges of first-degree murder, especially aggravated kidnapping and especially aggravated rape. The specific evidence against him has not been released.
Jeff and Mark Pearcy: In July 2014, Jeffrey Pearcy and his brother Mark Pearcy were arrested and charged with accessory after the fact and tampering with evidence. They were arrested on the basis of allegations made by Jeffrey Pearcy's former roommate Sandra King. In the spring of 2014, Jeffrey and his two sons lived with her so his sons could finish school. King alleged that in May, Jeffrey showed her part of a video showing Adams assaulting Bobo, who is tied up and crying. She told police that she only watched a small clip and did not see the sexual assault. King made a recorded call to Jeffrey. She told him over the phone "That video of Holly, if it had been you, I would have watched it,'" to which he replied, "I know." King alleges that Pearcy's brother Mark shot the video. Both brothers deny that a video existed and Jeff Pearcy denies knowing the other men who have been arrested for the crime. Jeffrey claims that he was unable to hear Sandra during the phone conversation and that his ex-wife's name is also Holly. Police have analyzed over 20 phones, but have yet to find the video. Charges against Mark Pearcy were subsequently dropped and the district attorney decided not to pursue the charges against Jeffrey Pearcy.
Additional charges: District Attorney Matt Stowe said he and the TBI are still "actively looking" to bring criminal charges against additional people, although he declined to name the parties or the charges.
Innocence claims: All men arrested for the crime have denied involvement in the disappearance. Jason Autry spoke with a reporter about the case in May, 2014, stating: "I want to let them know they have an innocent man right here," said Autry, "I'm a drug addict and a thief, but I'm not a killer." Autry told the reporter that Dylan, who is in jail on gun charges, lied to investigators because of a longstanding beef with his brother and to reduce his own sentence. "They hate each other's guts and that's a way to get back at him." A relative of the Adams brothers says that Dylan is mentally disabled and "has the mind of a child". He says that Dylan has some ability to read, but cannot perform other tasks such as telling time, and he believes that Dylan is being manipulated. His family alleges that his confession was coerced and that according to Dylan, "[T]hey kept him up all night, would not give him anything to eat or drink and finally he said, 'What do you want me to say?'" Autry has also claimed that investigators tried to get him to testify falsely against Adams. Jeffrey Pearcy also claims the statements regarding his involvement were fabricated by King to assist her son who has been in prison for 14 years and has 24 years left on his sentence. "I have been up front and honest about everything. I have willingly given them everything. Take it, I mean, it's there," he said. "My heart goes out to the Bobo family. It could have very well been one of my kids. For someone to give them false hope, and that's exactly what's been done to them," he said. "But for the justice system to just haul someone in and destroy their whole life, I mean, there's no sense in that at all." Autry's attorney has questioned the investigation as well, stating: "I don't think the state has any case against Jason Autry." In the fall of 2014, evidence tampering charges were dropped against both Dylan Adams and Mark Pearcy. Autry's attorney, John Herbison, has accused the prosecutor of adding and dropping charges strategically: "If those reports are correct, it means that they're just playing games," Herbison said. "They charged him with something less serious in order to keep him locked up, and then when it comes times to answer questions about the charge, they dismiss that and charge him with a more serious charge in circuit court, where he's not entitled to a preliminary hearing." Regarding the dropped charges against Mark Pearcy, the prosecutor stated that Pearcy was facing unrelated federal charges and they were being forced to wait to proceed with the state charges. Herbison says the laws regarding the charges would not preclude the state charges. "If the state is claiming that is the case, the prosecutor is either ill-informed or being disingenuous," he said. Aside from statements made by Dylan Adams, authorities have declined to disclose any other evidence linking the men to the murder.
Prosecution: The criminal case against the men charged has been met with strong criticism as well as conflict between members of the prosecution, complicating the investigation. District Attorney Matt Stowe was elected to office in the summer of 2014 following the arrests and stated that he believes he was elected in part due to skepticism regarding the arrests and questions over whether enough evidence exists against them to obtain a conviction. "[Voters] wanted another set of eyes on this Holly Bobo case; they weren't happy with everything that was coming out of there, and I think that they wanted someone else to take a look and someone else to say, 'We know what's going on.'" On December 17, 2014, Judge Creed McGinley chastised prosecutors for delays in the case and for the state's failure to turn over evidence. "I am absolutely out of patience with these cases not moving," he said. Judge McGinley ordered that a bill of particulars will be filed for Zachary Adams' case within seven days and that discovery will take place immediately. The prosecution ignored both deadlines. In response, attorneys for the men filed motions to dismiss charges. The motions filed accuses the state of "silence or stonewalling", stating that, among other things, that the state has yet to disclose evidence that the skull found belongs to Bobo. "It would appear to me if they had a skull with a dental match they would have given that to us right away. It's a little suspicious why we don't have that forensic information," said Autry's attorney Fletcher Long. In July 2015, it was announced that the defendants finally received access to all the evidence against them, although it still has yet to be released to the public. Jason Autry's attorney John Herbison subpoenaed District Attorney Stowe and TBI director Mark Gwyn to testify at an upcoming hearing to ask the specifics of the dispute with the TBI and why the prosecution has delayed discovery for so long. Following the hearing in December, a dispute regarding the handling of the case led the TBI to briefly drop its investigation of the case and cut ties with the entire district, saying District Attorney Matt Stowe had accused them of misconduct. The TBI agreed to come back on the case after Stowe recused himself from the case and Jennifer Nichols was appointed as special prosecutor. Following Stowe's allegations of misconduct by the TBI, the defense attorneys working on the case have stated that they intend to subpoena Stowe to question him regarding the alleged misconduct. Emails by Wally Kirby, Executive Director of Tennessee District Attorney's Conference, revealed that Stowe accused TBI of compromising the case by proceeding "so slowly that the culprits were always one step ahead and that TBI... was leaking information and possibly covering up evidence." The next hearing in the case is scheduled for August 26, 2015.
Media coverage: The case has attracted a high level of national media coverage. Discovery Channel published an article several months after her disappearance discussing how the high levels of media coverage, including some instances of inaccurate media coverage, have hurt the investigation. A notable example of misinformation was the description of her last known movements. Early reports inaccurately reported that Bobo was dragged into the woods. Clint later clarified that Holly had in fact walked with the man wearing camouflage into the woods, either willingly or by coercion. This clarification led to rumors that Clint had changed his story and was a suspect in his sister's disappearance. Whitney Duncan defended him in an April 17 Twitter statement, stating that he was innocent and not a suspect in the case. Police have received scores of erroneous tips from the public, including a number of psychics, making it difficult for police to identify important leads. A nonprofit organization called Without Warning was also criticized for reporting false leads to news stations. Nashville television station WSMV aired several stories during newscasts reporting information from Without Warning, including a story about locations where her cell phone pinged during the minutes following her disappearance.
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criminal justice
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