48 Hours - Duty, Death, Dishonor

Episode Date: November 9, 2023

This classic episode of “48 Hours" reports on 25-year-old U.S. Army Specialist Richard Davis who served in Iraq in 2003. After celebrating his homecoming with four Army buddies in Columbus, Georgia, he disappeared and was listed by the Army as AWOL. The Army opened an official investigation and a tip led to the discovery of his body. Nearly four months later, the four soldiers who were last with him were arrested. "48 Hours" correspondent Erin Moriarty reports. This "48 Hours" episode last aired on 12/23/2006. Watch all-new episodes of “48 Hours” on Saturdays, and stream on demand on Paramount+.See Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info.

Wondery Plus subscribers can listen to this podcast ad-free right now. Join Wondery Plus in the Wondery app today. Even if you love the thrill of true crime stories as much as I do, there are times when you want to mix it up. And that's where Audible comes in, with all the genres you love and new ones to discover. Explore thousands of audiobooks, podcasts, and originals, with more added all the time. thousands of audiobooks, podcasts, and originals, with more added all the time. Listening to Audible can lead to positive change in your mood, your habits,

and even your overall well-being. And you can enjoy Audible anytime, while doing household chores, exercising, commuting, you name it. There's more to imagine when you listen. Sign up for a free 30-day Audible trial and your first audio book is free. Visit audible.ca. Listen to Murder in the Orange Grove, the Trouble Case Against Crosley Green, early and ad-free with a 48 hours plus subscription on Apple Podcasts.

Want to listen to 48 Hours Uninterrupted? Subscribe to 48 Hours Plus for ad-free episodes today My name is Lanny Davis. I'm a retired United States military police. Richard's my son. He was 25 years old when they deployed him to Iraq. And he was so full of pride to be able to stand up for this country. Richard Davis, he was a good soldier. He was inventive. He was good with mechanics, you know.

He was real good with his hands. He was always in the fight. He didn't want to give up, you know, just like the rest of us. He was a comrade, a battle buddy. I look up to Richard because he's a real square-away soldier. When it came to job get done, he could do it better than anybody. The last time I talked to my son, he said, I love you, Daddy. I said, I love you too, Rich. I said, I want you to come home. He said, don't worry, Dad, I will.

It took us about 22 days to get to Baghdad. Everybody came real tight when we got into the field. You know, now it's time to be a soldier. When you fight, you have to become one out there. Every day, you just live with a constant fear. And at night, you can't sleep at night. You hear all this going around you, and you want to go to sleep, but your mind says don't.

I was very afraid for him and it was always in the back of my mind that I'd never see him again. I got a call from his platoon sergeant and he was looking for my son Richard. And I told him, I said, well, Richard's still over in Baghdad Airport. He said, no, we've been returned for several days now, and Richard is AWOL. And I knew something right then was drastically wrong. To me, it's a very huge cover-up. Man, the Army's just thinking he's AWOL, and they're not even looking nothing. You know, they're just saying he's AWOL, and they're not even looking nothing. You know, they're just saying he's AWOL.

But he wasn't, you know, and we knew, and nobody said anything. Duty, death, dishonor. In 2014, Laura Heavlin was in her home in Tennessee when she received a call from California. Her daughter, Erin Corwin, was missing. The young wife of a Marine had moved to the California desert to a remote base near Joshua Tree National Park. They have to alert the military, and when they do, the NCIS gets involved. From CBS Studios and CBS News, this is 48 Hours NCIS. Listen to 48 Hours NCIS ad-free starting October 29th on Amazon Music. In the Pacific Ocean, halfway between Peru and New Zealand, lies a tiny volcanic island.

It's a little-known British territory called Pitcairn. And it harboured a deep, dark scandal. There wouldn't be a girl on Pitcairn once they reach the age of 10 that would still have urged it. It just happens to all of us. I'm journalist Luke Jones, and for almost two years, I've been investigating a shocking story that has left deep scars on generations of women and girls from Pitcairn.

When there's nobody watching, nobody going to report it, people will get away with what they can get away with. In the Pitcairn Trials, I'll be uncovering a story of abuse and the fight for justice that has brought a unique, lonely Pacific island to the brink of extinction. Listen to the Pitcairn Trials exclusively on Wondery Plus. Join Wondery Plus in the Wondery app, Apple Podcasts, or Spotify. Richard was so proud of himself. He was a very patriotic young man.

Here's his beret. This is a scene that sadly has played out in homes across America for the last three years. This is Operation Baker Vengeance, Southern Phase, Nazarea. The parents of a soldier remembering their son as they rummage through a box of old gear. It was like a commando knife he carried. He was trapped into his leg. And battlefield souvenirs. Cracky flag he brought back.

For Lanny and Remy Davis, sorting through their son's belongings is not just heartbreaking, it's baffling. That's because their son, Specialist Richard Davis, wasn't killed in Iraq. He just disappeared. And no one Lanny has talked to seems to know why. I think everyone's lying, and I'll tell them that straight to their face. Everyone is lying.

Richard Davis grew up an Army brat in California, Kansas, and Missouri. He was a loving son. He liked to have fun. And he liked to make friends. And friendship to him meant a lot. Tell me about this picture. When you look at that, is that pretty much Rich to you? That big grin? Oh yeah, he was always doing stuff just to look funny, be funny. Being a soldier was in Richard's blood. His mother, Remy, was an Army medic, and his father, Lanny, spent 20 years in the Army,

serving several tours in Korea and Vietnam as a military policeman. He saw combat many times and suffered a permanent wound to his vocal cords. I would lose my voice a few times a week. So you have a constant reminder of your time in the military. Yes, ma'am. In 1998, when he was 19 years old, Lanny's son entered the family business. He hasn't seen anything yet.

Any action or nothing? Hasn't been anywhere? He's Still innocent. But Richard's first assignment was a rude awakening. He went to Bosnia. That's when they was opening these mass graves. And my son, of course, was there to witness this. And I seen in his face that he wasn't the same Richard anymore.

He had a lot of hurt in his eyes because he just couldn't understand how humanity could be so cruel and mean. Yet in 2001, when his three-year tour was up, Richard reenlisted. He joined the Army's 3rd Infantry Division, the 3rd ID, and moved to Fort Benning in Columbus, Georgia. He was assigned to B Company and met the men who would be his brothers in arms. 365 days of the year, you're a soldier. You know what you're there for. You represent your flag. You represent your people. You represent your corps. Jacob Vergooyen was one of B Company's top soldiers. What was your job?

I was a gunner, a Bradley, an M2A2, assault fighting vehicle. I liked the fast-moving pace. I liked the fast-moving pace. I liked the attitude, being in that uniform, looking good, standing tall and having people under me. Mario Navarette joined the company in 2002. I love the Army. You're becoming a part of a family. My job, I was a dismount. I was riding in a Bradley with pro-security to the roof,

clear rooms, clear houses, stuff like that. Douglas Woodcoff had volunteered for the Army after September 11th. I had a feeling that eventually, you know, something would happen in the Middle East. I mean, it's a volatile area. It's been like that for thousands of years. Eventually we'd go there.

Soon enough, they did. On March 20th, 2003, the invasion of Iraq began. Richard Davis and B Company took the lead. We were the tip of the spear, that we're called, because if you actually see it on the map, we form an arrow. And our company is right on the tip. There's bombs going off next to you, bullets flying everywhere. The fiercest battles happened when the company reached Baghdad. There was blood everywhere.

You see people dying left and right, and it was very, very scary. When you're out there, you're just full of anger. You know, it's a lot of violence. You just want to push through these people to get to the next objective. In the thick of it was Richard Davis. He was very excited. He was like a kid in a candy store. He wasn't scared? I never saw fear in his eyes. Richard was also acquiring a reputation for being incredibly inventive.

He had found a little head type nozzle and and some old Iraqi five-gallon water canteens and some old PVC pipe made a little shower. And how popular was that? Popular enough that it was an hour or two wait just to take a two-minute shower. But as the weeks in Iraq wore on, the stress on the company was growing, and Richard's behavior, according to some soldiers, was becoming erratic and even dangerous. When we were supposed to be doing a job, he wouldn't do it. Richard's troubles seemed to come to a head one night in Baghdad when he came to company medic Edward Wolf, his hand bleeding from a knife wound. Did he seem scared at the time? Pretty worried about the wound in his hand.

Richard claimed two soldiers, Mario Navarrete and Alberto Martinez, had cut his hand open. He was hit a couple of times. What do you mean he was hit a couple of times? By Martinez and I believe Navarette. How did you know? He told you or did you see him? Yeah, he told me. But Navarette says the wound was self-inflicted

and just one more example of Richard's increasingly strange behavior. All of a sudden, Davis jumps up and says, let's make a pact, let's become blood brothers. This was Davis' idea? Yes. I remember cutting our hands, and Davis, he cut his hand on top. Whatever really happened that night, on May 20th, Richard made a desperate phone call to his parents.

He said he didn't have a safe place to lay his head. He's tired of looking out for himself. Was he scared of the enemy? was he scared of the enemy was he scared of iraqis i think he was talking about his own people his own soldiers the comrades that he was afraid of he was crying he's crying on the phone he was begging me dad can't you get me out of here had you ever heard your son talk that way never it was also the last time lannyanny Davis would ever hear from his son. Hot shot Australian attorney Nicola Gaba was born into legal royalty. Her specialty?

Representing some of the city's most infamous gangland criminals. However, while Nicola held the underworld's darkest secrets, the most dangerous secret was her own. She's going to all the major groups within Melbourne's underworld, and she's informing on them all. I'm Marcia Clark, host of the new podcast, Informants Lawyer X. In my long career in criminal justice as a prosecutor and defense attorney, I've seen some crazy cases, and this one belongs right at the top of the list. She was addicted to the game she had created.

She just didn't know how to stop. Now, through dramatic interviews and access, I'll reveal the truth behind one of the world's most shocking legal scandals. Listen to Informants Lawyer X exclusively on Wondery Plus. Join Wondery Plus in the Wondery app, Apple Podcasts, or Spotify, and listen to more Exhibit C true crime shows early and ad-free right now. Have you ever wondered who created that bottle of sriracha that's living in your fridge? Or why nearly every house in America has at least one game of Monopoly? Introducing the best idea yet,

a brand new podcast from Wondery and T-Boy about the surprising origin stories of the products you're obsessed with and the bolder risk takers who brought them to life. Like, did you know that Super Mario, the best-selling video game character of all time, only exists because Nintendo couldn't get the rights to Popeye? Or Jack, that the idea for the McDonald's

Happy Meal first came from a mom in Guatemala? From Pez dispensers to Levi's 501s to Air Jordans, discover the surprising stories of the most viral products. Plus, we guarantee that after listening, you're going to dominate your next dinner party. So follow The Best Idea Yet on the Wondery app or wherever you get your podcasts. You can listen to The Best Idea Yet on the Wondery app or wherever you get your podcasts. You can listen to The Best Idea Yet early and ad-free right now by joining Wondery Plus. It's just the best idea yet. In that last phone call to his parents, Richard Davis was distraught but wouldn't say why. What was that like for you to be listening to this phone conversation? Oh, it's killing me.

And I wouldn't dare to help him. Lanny Davis knew that some of his son's comrades considered him eccentric. Now he wondered if Richard was being threatened by them. Does that make any sense to you, that he'd be afraid of his own fellow soldiers? Yes, it does. My son, a lot of people picked on my son, even in the military. But Richard hung up without explanation. He spent two more months in the Middle East without calling again.

And even when he touched down on U.S. soil, July 13, 2003, he didn't phone home. Richard's friend and comrade, Justin Harris, wasn't surprised. Was it like Richard to come home from Iraq and not tell his parents? That was his plan. He was going to come home from the war, get his Class A's all fixed up with his new ribbons, and he was going to go fly to Missouri and knock on his parents' door and surprise them. But on his second afternoon back from the war, Richard went out on the town with four other soldiers, Douglas Woodcoff, Alberto Martinez, Mario Navarrete, and Jacob Burgoyne.

We all went together to get something to eat. Went out to Hooters. It was the spur of the moment. We're all happy being back. Everybody's gung-ho. Everybody wants to go out with everybody, you know? We didn't believe that we were actually in the States and we were actually drinking and eating chicken wings.

It was a wonderful feeling that we were all together again. After drinking beer for several hours at the restaurant, the group drove to a strip club. We got there, we started playing pool, having more drinks. It was at this point, say the others, that Richard began acting strangely. He was being rowdy and he was being insultive to one of the women.

I saw Davis and Woodcoff still at the stage, and Davis was tipping her, throwing, or telling her to come here. What kind of shape was Davis in at that point? Very drunk shape. The bouncer told us that he had too much to drink and he was starting to pass out at the bar. So Martinez and myself took him out to the car and put him in the back seat so he can sleep. Looked back inside. The other four soldiers continued to drink for about another hour, but then left abruptly.

Burgoyne and Navarrette apparently believed they had been kicked out of the club because of Richard's behavior. I think Martinez told them that to get him to leave. But in fact, they didn't get kicked out because of Davis. No. But you think Martinez told them that to get them all to leave? Yeah, that's my belief. When he got to the car, Burgoyne went after Richard. I hit him, you know.

You didn't just hit him once, did you? No, I hit him. You hit him a lot of times. Yeah, I hit him a few times. And he wasn't hitting you back? No, he didn't hit me back. What happened after that then? We got in the car.

And where were you going? The barracks. It was around midnight when the five soldiers drove off in Alberto Martinez's car. At formation the next day, they all reported for duty, except Richard Davis. The Army didn't initiate an official search. It just listed Richard as AWOL absent without leave and the four soldiers who have been with him the night before weren't asked any questions we tried numerous calls down there and all we could get from the unit at the time was we're looking for him what are the two

of you going through well we can't eat we can't sleep we were just basket cases did that sound like rich to go of course not that wasn't my son by mid-august Richard had been missing for a month hopefully I could find some type of a clue or a lead to trace down my son. Lanny headed off to Georgia to search for his son himself. It wouldn't have mattered if he had got a lead to go to South America, I would have went. But when Lanny got to Fort Benning, he says it became clear no one was looking very hard for his son. And that's when his old military policeman instincts kicked in.

Lanny started digging around and soon made a significant discovery. If you're gonna go AWOL, number one, you gotta think about it at least for five minutes. And when you think about that, say, well, I better bring some clothing. You know, I better bring my shaving gear or my toothbrush or my medication, whatever it is.

He didn't take any of that? Nothing was taken. It wasn't until September, two months after Richard disappeared, that the Army finally opened an official investigation. The four soldiers still hadn't told anyone they were out with Richard the night he disappeared. The soldiers still hadn't told anyone they were out with Richard the night he disappeared. But on November 7, 2003, a tip finally came in that led to a gruesome discovery. Coroner James Donovan. This is where we found the body.

He was found laying here. His head was facing this way and his feet were this way. Richard Davis was dead, his remains scattered in these woods several miles from Fort Benning. I think he'd been out here probably two and a half, three months. All that was left of Richard were his bones, which were covered with nicks and cuts. He was stabbed in the head, neck, and chest approximately 33 times. 33 stab wounds that you can find. Do you think that's all? Oh, I'm sure he was stabbed more than 33 times. Their worst fears realized.

Lanny and Remy Davis finally brought Richard home to bury him. What do you think you miss the most? Just from saying, hi dad, I love you. But the search for who killed Richard Davis was only beginning. How would you describe what has happened to your son? He was a victim of premed actual murder. Listen to Candyman, the true story behind the bathroom mirror murder, early and ad-free, with a 48-hour plus subscription on Apple Podcasts.

His whole essence. Spirit. Spirit is here. Spirit. Spirit is here. Spirit's in these trees and... He is here. Grass, everything. The closest we'll ever get to him, you know? In the Georgia woods where Richard Davis' bones were discovered, his parents have built a shrine.

But that covers his picture. They know Richard was stabbed. I can just hardly imagine the fear he had. They wish they knew why. It's so many questions but maybe someday the truth will come out. The truth about what happened to Richard Davis was still a secret months after he disappeared. The four soldiers who have been with him

all kept to themselves. And one of them, Jacob Burgoyne, told investigators that he had last seen Richard alive. And then Burgoyne told his closest friend a completely different story. He said, I got to tell you something. I don't know if I should, but it's bothering me. In a drunken conversation with fellow soldier Matt Thompson, Burgoyne made a startling revelation. He said, I know who killed Davis. He said I was there.

Burgoyne even told Thompson where Richard's body lay. Jake offered to take you to where they had the body? Yeah. Did you go? I said, I'm not, no part of it, no. But Thompson did make sure Burgoyne's secret was passed around. And on November 7 7, 2003, Army investigators finally heard the story.

It led them to Richard's remains. Because the crime happened off the base, Columbus, Georgia police took over, and the four soldiers who were last with Davis, Jacob Burgoyne, Alberto Martinez, Mario Navarrete, and Douglas Woodcoff, were charged with murder. Did Martinez just refuse to talk? That's right. And I attempted to interview Woodcoff, and he said, I have no idea as to what you're talking about. But Detective Andrew Tyner had no trouble getting Burgoyne to talk about the night of

July 14. We were at the Platinum Globe. He was very open. Immediately? Immediately. We got into an argument. Burgoyne now admits the fight he started with Richard Davis outside the strip club, so soon after returning from the war, continued when the five soldiers drove away.

Martinez was driving. Mm-hmm. Where were you going? I thought we were just driving back to the barracks. But instead, Martinez pulled over in a wooded area miles from Fort Benning, and everyone got out. And that's when I just thought, well, hell, we're gonna fight.

I'm gonna do it right here. Burgoyne says he started hitting Richard Davis again. And he said, leave me alone. And he went like this, and he walked towards where Martinez was at. But what happened next, he says, took him completely by surprise. Martinez pulled a knife.

And that's when Martinez came out and just stuck him right in the side, his left side. Why? He didn't give an answer. He just stuck him. What did Richard Davis do? He fell. Fell to the ground. I see Martinez had blood in his hands. Navarrete says he tried to intervene.

I'm like, whoa, what are you doing, Martinez? You can't do this man i'm telling him we're going please man stop him we started talking to him and trying to plead with him and then begone tells me he grabbed my shoulder he said calm down promise me to come down i'll take care of little brother i'll talk to martini and i turn around i walk towards the car navarrete claims he saw nothing of what happened next, and Woodcoff claims he had drunkenly wandered away. I heard a muffled argument, and that was it. Which left Burgoyne as the only witness. I looked around, I seen him,

came right over the top of Davis and hit him, stuck him. And he was hitting him all in the back area and kidney area and lung area back in the back and this neck and skull area. It just started going on a rampage with him like I ain't never seen a man do. I never seen a man do that. What did you hear Richard Davis say? He said he had a family. He was screaming.

He said he had a family. He was screaming. He said he had a family. And you just stood there? Yes, ma'am. Last thing he said was he was dead. He was dead. He said it twice. And then I didn't hear no more sounds. Martinez...

Martinez kept sticking them. Taking his time. Just kept sticking them, sticking him, sticking him. He was putting a blade in him and churning it. That was it. It was over. You could have stopped him. No.

You didn't even try. I explained to him, verbally, I tried. But physically, no, I didn't. Not when I saw his eyes. All you could do was see red, that was it. And he wanted to kill that guy. He wanted to. That was his thing. And it scared the s**t out of me. During Alberto Martinez's entire rampage, Burgoyne insists he was merely a bystander. It was only after Richard Davis was dead that Burgoyne says he sprung into action. I grabbed his legs and Martinez grabbed his arms.

I just moved him off into the brush about five feet. Why would you help Martinez? I just wanted to go home. I wanted to get out of there. Get away from it. Next, all four soldiers drove to a convenience store where Burgoyne bought lighter fluid. Then they drove back to the woods. I lit a match and I dropped it. And I took off running. How could you do this?

I didn't have no conscience. It was a dead body. This is what I gotta do. And that's what I thought off the top of my head. Burn him. A few nights later, Burgoyne, Martinez, and Navarette went back to hide Richard's remains deeper in the woods. Why did you go back? It wasn't my decision to go back. Oh, but you went back.

You could have gotten out of the car. You could have walked away. I could have, but I didn't because I was afraid. The four soldiers all went their separate ways until they were arrested nearly four months later

and Burgoyne gave police his statement. I know now you can't run from me. You can't run from secrets like you said. Martinez stabs him. The others stand by. Does that story make sense to you? Of course not. That's the biggest cock of lies I ever heard in my life.

They're not afraid of Martinez. Martinez wasn't the ringleader. I think Burgon was. Why would anyone want to kill Richard Davis? That's a million-dollar question. Justin Harris served with all four men arrested for Richard Davis' murder. And he finds it hard to believe Alberto Martinez, who was married and a father and about to leave the Army, would commit such a crime. As far as I've known Martinez a couple of years, leave the army, would commit such a crime.

As far as I've known Martinez a couple of years, he never one time even got into a fight. I was surprised by the whole situation, really. But as far as picking a person out of it... It wouldn't be Martinez? It wouldn't be Martinez. But Harris says Burgoyne's involvement isn't surprising at all. In fact, just before B Company deployed to Iraq in January 2003, What happened this night when these pictures were taken? Burgoyne had a confrontation with Richard at another strip club.

What happened next now seems eerily familiar. Richard threw some change on the stage. The lady that was on the stage took that offensive and we ended up being asked to leave. And Burgoyne said, all I want to know is who threw the change. And Richard raised his hand and said, I did. And Burgoyne then started hitting him pretty hard. So hearing that Jake was involved in this event that ended up with the death of Richard Davis, isn't that surprising to you? Not really. Doesn't surprise me much at all.

You don't believe that your son is guilty of murder? No. Jacob Burgoyne's mother, Billy Urban, never doubted her son or his story that Alberto Martinez alone stabbed Richard Davis. What she could not understand is why Burgoyne would watch it all happen and then cover it up. It's like it's another person, you know, because that isn't something that my son would do.

Then, shortly after Burgoyne was arrested, Billy discovered medical records among his things that she says explain a lot about her son's actions that night. I could not believe what I was reading. Soon after he left the war zone, Burgoyne reported that he thought he might hurt someone. Even more alarming, while in Kuwait about a week before the murder, he overdosed on prescription drugs. Did you try to kill yourself? Yes, ma'am. Yes, ma'am.

After you overdosed and you ended up in this medical clinic, what did you want to happen to you? Well, I wanted to get help. I mean, it scared me, really. Burgoyne was diagnosed with PTSD, post-traumatic stress disorder, and it was directed that he be monitored at all times, that he not carry weapons, and that he report to the psychiatric unit when he returned to Fort Benning. Jake literally, for the most part, lived life on the edge. Physically and mentally, he's capable of doing a lot of things. And when you have that type of soldier confront you with a problem, you better take action right

away. Well, good morning ladies and gentlemen and welcome home soldiers of Sledgehammer! He came back July 10th. When Burgoyne arrived at Fort Benning, Billy was there to greet him. She was surprised when he was immediately escorted to the psychiatric unit of the hospital. But he never saw a psychiatrist. He just spoke to one on the phone. And he told me, if you come out and show up Monday, just promise me you'll be there. And I said, I will. Then Burgoyne was simply released without treatment.

And four days later, Richard Davis was murdered. The Army just said, well, okay, call us Monday and go ahead and have a good time, in effect. Psychologist John Stewart Curry was hired by Burgoyne's attorney. Was that a responsible way to handle someone like Jacob Burgoyne? Not at all. He should have been hospitalized in a locked unit. As they prepare for the trial, prosecutors Stacy Jackson and Greg Conger make a pivotal decision.

They believe Jacob Burgoyne's version of the story and will argue that Alberto Martinez did all the stabbing. Proving that, however, isn't going to be easy. Our evidence on Martinez was very lacking at that point, so we wanted somebody to testify. There's no physical evidence tying Martinez to the murder, so prosecutors need two of the others to testify against him. After months of negotiations, they finally get what they need, but not the two soldiers they were expecting. Woodcoff is the first to agree to testify.

Prosecutors then offer to drop the murder charges against Navarette in exchange for his testimony. Surprisingly, he turns the deal down, which leaves prosecutors with the one option they had hoped to avoid. They must strike a deal with Burgoyne, the man who admits he started the attack against Richard that night. Were you at all concerned that you might be making a deal with the guy who did the actual stabbing? I had no concern. Finally, on January 23, 2006, in a Columbus, Georgia courthouse, Alberto Martinez and Mario Navarrete go on trial for the murder of Richard Davis. Mr. Lanny Davis never got a chance to see his son again after he returned from war. Why? Because this man here, Alberto Martinez, decided to take his life. His co-defendant, Mario Navarrete, stood there

and watched. Prosecutors opened forcefully. He was stabbed and twist stabbed and twist stabbed and twist but when douglas woodcoff takes a stand he can't say he actually witnessed martinez do the stabbing i saw mr martinez kneeling or squatting and he looked like he was swinging was there a human down there i did not see one. The grass is very tall. So prosecutors are now completely dependent. Do you swear a firm testimony about giving this case to be the truth, the whole truth,

and nothing but the truth to help the guy? Yes. On Jacob Burgoyne. Martinez had nothing to do with what I was doing with Davis, nothing at all. And he came out of nowhere and hit him with a knife. After Davis fell to the ground what happened next and never it was talking to Martinez saying you can't do it can't do it and I said I was looking at Davis when I saw a shirt

torn a little bit with a hole inside and there's some blood on it and I looked at Martinez and I knew he had that knife in his hand. The defense buys none of it. The truth is, you started stabbing him right there in the car. No, sir. Martinez's attorney, Bob Watkins, tries to convince the jury that the prosecution's star witness is the real killer.

You were so mad, you really couldn't stop stabbing him. No, sir. You were mad at him, weren't you? I was mad at him, but I didn't have no knife or anything to stab him with. And after about two or three strokes, he just couldn't defend himself anymore, could he? That's not true, sir. Burgoyne holds his own, and he's not letting anyone off the hook. I know who the killer is. I know who was involved. I know my part in it.

I'm just as guilty. I'm guilty here just like everyone else is guilty. Everyone here is guilty. Once the prosecution rests, Mario Navarrete unexpectedly takes the stand in his own defense and immediately regrets it. On that night, quite only a few feet from where Davis was stabbed 33 times, you want this jury to believe you didn't see who stabbed Davis?

Yes, I did not see or hear anything because I was crying like a little girl in the back seat of the car, not knowing what was happening out there. Alberto Martinez never utters a word, and the case goes to the jury. You should start your deliberations with an open mind. Bailiff will escort you to the jury.

I want justice. I want them all to be in jail for the rest of their entire life. That's what I want. I don't believe half the stuff they're saying in there. I know God's the one that has to forgive. And see, since I'm not God, I don't have to forgive. And I will never forgive. With the case in the hands of the jury, Lanny and Remy Davis wait anxiously. Has the jury reached the verdict?

Yes, Your Honor. But they don't have to wait long. After only two and a half hours... Will the district attorney publish the verdict? State v. Alberto Martinez, guilty. State v. Mario Navarrete, guilty. State versus Mario Navarrete, guilty. Both are guilty of murdering Richard Davis. The judge sentences them immediately.

My sentence is to spend the remainder of your natural life in the penitentiary of this state. The Davises' ordeal isn't over yet. Three days later, they're back in court for the sentencing of Jacob Burgoyne, who pled guilty to voluntary manslaughter. the sentencing of Jacob Burgoyne, who pled guilty to voluntary manslaughter. There's no words I can express. I don't know any big words. I don't know anything that I can express enough to say how sorry I am and how regretful I am about the death of Davis. Mr. Lanny, Davis. Lanny wasn't allowed to address the court when Martinez and Navarrete were sentenced, but now he finally gets his chance. I want to look at his face.

You murdered my son. I don't forgive you. You're nothing but a cold-blooded, dirty murderer. The Lord himself won't forgive people like you. Whatever demon you worship won't forgive you. There's not a name in this world that's bad enough for you. And if I had my way, you wouldn't be sitting here right now. You're lucky as hell I can't get my hands on you. I know I got anger and I let my emotions take over and I couldn't stop it.

He said, I'm sorry. That means nothing. You know, tell it to the wind. Under the terms of Burgoyne's plea deal the judge has the right to give him the maximum sentence and he does 20 years in prison Burgoyne's mother is devastated I wish I could bring back their son it's just changed everybody's lives you know know. We won't forget it. I don't wanna do this again, you know. So, I gotta go.

The following week, Douglas Woodcoff pleads guilty to concealing a death and is sentenced to just five years of probation. The Richard Davis case is now closed, but the trial failed to answer one crucial question. In fact, it barely came up at all. Why was Richard murdered? At this point, only one man may know. Although Alberto Martinez wouldn't talk to 48 Hours, he did talk to Mario Navarrete. But he didn't say much.

When I ask why, I mean, he has no explanation. He tells me he didn't do it. What do you mean he says he didn't do it? That he didn't do nothing, Davis. Why did Martinez stab Richard Davis? I don't know. Incredibly, both Woodcoff and Burgoyne claim they never even asked him. I didn't want to say nothing more to that man.

But Lanny Davis thinks he may know the reason. In a May 2004 article about Richard's murder, Playboy magazine reported that Martinez and Navarette were alleged to have raped a young Iraqi woman while guarding a mall, and that Richard might have known about it. I believe that what he might have seen over there, whether it was a rape or some other atrocities, I believe that he probably reported that. There's no way I can prove that, but I know on my son, he would say something. An Army investigation launched after the article was published found no evidence of rape,

but it did find that some soldiers paid for sex with Iraqi women. Douglas Woodcoff says that was common knowledge. Do you think that what happened later on had anything to do with that incident involving Iraqi women? No. What makes you so sure of that? Because of how open everybody was about it. So they weren't concerned about people knowing. It couldn't possibly be that Davis had information about Martinez.

No. No. However, Woodcoff does think there could be a connection between their combat experiences in Iraq and Richard's brutal murder so soon after they returned. I mean, there could be some elaborate reason. It could just be, well, just because. Just because? You never know.

It seems too violent. Anyone looking at this? It does seem too violent. But we were only back for, you know, a day, a couple days at the most. And coming from a battle zone where you solved your problems with violence. I mean, that's how war is. I mean, you train and train to hold your skills to gain the knowledge you need to kill. But then when it's done, people ain't looking at the other side.

Do you think that's what was going on? That Martinez was acting the same way he would have if he were still in Iraq? He could have. What drove Martinez to kill that night may always be a mystery, but there is evidence that this war is taking a psychological toll on soldiers. Recent Army studies found that nearly one in five Iraq War veterans reported mental health problems and recommended better counseling. Nobody ever sat down in a room, one-on-one,

and talked about what we went through and what's going on in their minds. Ironically, on the very night Richard was murdered, Woodcoff was still worried about his post-war state of mind. That night before I started drinking, I didn't take a belt with me, a knife with me, because I didn't want a belt with me, a knife with me, because I didn't want to take that chance of thinking I'm still in Iraq and taking it out on a local.

The Army refused to comment on any aspect of the Richard Davis case or how they deal with the issues facing returning soldiers, including Jacob Burgoyne. Instead, they released this statement to 48 Hours saying they mourn Richard's loss and are grateful that those responsible for his murder have been brought to justice. Oh dear Lord, please take him to the place you have prepared for him in heaven. Richard Davis survived Iraq, but his father, Lanny, still considers him a casualty of war. This is a field of valor, and it's supposed to be for all military. Whether they was killed in the military or not, just even veterans that pass away can be buried here.

As soldiers from Richard's unit train for a third deployment to Iraq, Lanny continues to mourn for a soldier who will never fight again and who will never come home. Every time I come up here, I keep hoping he's not there no more. I keep hoping he's still alive. That might sound funny, but I just sort of hope all this has been a bad dream. If you like this podcast, you can listen ad-free right now by joining Wondery Plus in the Wondery app. Before you go, tell us about yourself by filling out a quick survey at wondery.com slash survey.