48 Hours - NCIS: To Catch a Killer

Episode Date: May 17, 2017

The agent who inspired CBS' "NCIS: New Orleans" shares his real-life cross-country search for the murderer of a woman in San Diego Learn more about your ad choices. Visit megaphone.fm/adchoic...es See Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info.

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Starting point is 00:00:00 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,
Starting point is 00:00:35 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 audiobook is free. Visit audible.ca. 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
Starting point is 00:01:00 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. Megan Lindowski was a 16-year-old dancer from Portsmouth, Virginia. A sweet, innocent young lady. Very smart, very articulate. Megan Landowski's stepfather, Christopher Short, was in the U.S. Navy.
Starting point is 00:01:58 He was a hospitalman, first class. Megan was just a typical teenager. Megan was the bubbly girl. Megan was the silly girl. And she danced beautifully. It was beautiful to watch her on stage. When Megan was 15 years old, we noticed a change in her behavior. Her grades were dropping. And I told her, I said, if you don't start telling me why your attitude is changing, I'm going to fix it. That's when she told me that a friend of mine, I mean, a guy that I trusted like a brother,
Starting point is 00:02:44 was touching her. Robert Hickey was in the Navy with me. This guy was Sailor of the Year. I was shocked. I was just floored. And so he took her to the police department. I was working Special Victims Unit when I met Megan. Police Department. I was working Special Victims Unit when I met Megan.
Starting point is 00:03:15 Robert Hickey was grooming Megan. In Virginia the age of consent is 15 years old. We couldn't do anything with him in Commonwealth of Virginia other than a misdemeanor and Robert Hickey took advantage of that. I had contacted NCIS because I needed their assistance because we were dealing with a Navy person. NCIS took over the investigation because the age of consent for the military is 16 years old. In February of 2008, we had initiated an investigation into the sexual assault of Megan Landowski.
Starting point is 00:03:44 The investigation was completed in March. We had initiated an investigation into the sexual assault of Megan Landowski. The investigation was completed in March. If Lieutenant J.G. Hickey had been found guilty, he would have stood to lose his job, his security, his retirement, and he would have gone to jail. Megan was scared that he was going to hurt her. She was scared.
Starting point is 00:04:15 On April 10th of 2008, I dropped her off at school that morning, told her I loved her, and she said, I love you too. I'll call you when I get home. I left work about 4 o'clock. I came home just like I always did. I walked in, and I saw Megan laying there.
Starting point is 00:04:39 I'm on one. Yes. My daughter, she's, um, looks like she's been sick here all day, and she's bleeding to death. What's wrong with her? My daughter is bleeding to death. It was brought on over the thing. It looked like her throat was slit.
Starting point is 00:04:51 She was sexually assaulted by, um, Rob Hickey and NCIS who's doing an investigation. NCIS? Yes. I just thought, it can't be Megan. It just can't. He killed her. He killed her to keep her quiet.
Starting point is 00:05:12 Robert Hickey would have been the most likely candidate at that moment, but we didn't want to make assumptions. When we received the results from the lab, it absolutely took the wind out of our sails. the results from the lab, it absolutely took the wind out of our sails. The NCIS mission is global. We're on aircraft carriers, we're in foreign ports, we watch after each other, we take care of each other. NCIS deal with every type of crime, cyber, fraud, murder. It's counterintelligence, counterterrorism. Every crime is a tragedy. All sisters, brothers, husbands. I feel it very personally. We live in dangerous times. Are we ever going to get out?
Starting point is 00:05:54 NCIS, the cases they can't forget. Did you know that the movie Candyman was partly inspired by an actual murder? Listen to Candyman, the true story behind the bathroom mirror murder, early and ad-free on Wondery Plus and the Wondery app. 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
Starting point is 00:06:42 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.
Starting point is 00:07:04 You can listen to The Best Idea Yet early and ad-free right now by joining Wondery+. It's just The Best Idea Yet. Do you know if she's breathing? No. No, she's breathing? No. No, she's not. When I received the call of her death, I was shocked. When I got there, I couldn't really tell who it was. I just knew it was a teenage girl.
Starting point is 00:07:39 I came out of the house, and that's when I saw Chris Short. And when I saw Chris, I realized that was Megan on the floor. McDaniel was devastated. He took it personal. One of my victims has just been murdered. It was a very bloody and a very horrendous scene. Something that you just don't ever forget when you walk in there. Megan was your typical teenager.
Starting point is 00:08:26 I would have never thought anything like this would have happened to us. When I found my daughter, I called the NCIS agent and I told her. I said, the bastard killed her. And she started screaming. We knew her. We knew her family. It was devastating. Megan had been stabbed in excess of 40 times. There were signs of being sexually assaulted. Lieutenant J.G. Hickey needed to be questioned regarding Megan's murder.
Starting point is 00:09:06 At this time, Lieutenant J.G. Hickey had not been arrested for any charges related to the sexual assault allegations. He was pending probable cause hearing within the military justice system. He was free. He was working on base. He was going home at night. Robert Hickey was a Naval Hospital corpsman with a wife and four daughters of his own. We assembled a team to go to Lieutenant J.G. Hickey's residence
Starting point is 00:09:35 to locate and detain him for questioning at Portsmouth Police Department. We took him into custody. He was very compliant. We had a team of NCIS agents searching his house for any communications between him and Megan, any clothing that could have been worn by him during the murder.
Starting point is 00:10:00 There were shoe prints in Megan's blood in Megan's house. Robert Hickey had shoes that had a similar type print. He told the investigators where to find the tennis shoes so that they could be tested, trying to match them to the crime scene or not. Lieutenant J.G. Hickey had provided his DNA for a comparison against any DNA profiles from the scene. We put a GPS tracker on his vehicle so that we could see where he was going to and what he was doing. Now we're going to go look after his alibi. He said that he had been at work. We interviewed
Starting point is 00:10:38 everyone that he worked with. We also pulled video from the gates of Naval Station Norfolk to review to see if his vehicle was seen leaving the base during those time frames. They even went to the point of driving from his office to Megan's house. traffic of the day, trying to match everything to the time frame it would actually take for Robert Hickey to go from the base to her house and then back to the base. The timing of that drive would steer the course of the investigation in a new direction. We started having doubts that he committed the murder because we really didn't feel that he would have had enough time to get from Naval Station Norfolk during that time frame and kill her
Starting point is 00:11:31 and be able to get back through the tunnels, change, and get back to work. The case continued to unravel when Hickey's shoe prints turned out not to match those found at the crime scene. Everything hinged on the results of his DNA. The forensic lab called, said the lab report was in, but it wasn't Robert Hickey. NCIS and Portsmouth Police cleared Hickey, as there was no evidence linking him to Megan
Starting point is 00:12:02 Landowski's murder. The sexual assault case was closed after Megan's death, and Hickey was later given an other-than-honorable discharge from the Navy. 48 hours contacted Robert Hickey, but he had no comment. A candlelight vigil was held the day after Megan's murder outside of her home. We had agents there taking video and audio of the candlelight vigil in hopes that we would find someone who might be suspicious. NCIS deployed some unique technology to try and trap their killer. Our technical services division had built a granite grave marker to be dedicated with the planting of a tree in Portsmouth.
Starting point is 00:12:59 This grave marker had both audio and video capabilities. We placed this marker in hopes that the suspect would go to the memorial. While NCIS combed through the vigil and grave marker video for leads, NCIS forensic techs came up with another idea. There was a blood sample from an unknown male found in the crime scene. It was suggested by our Office of Forensic Support that we take a swab from the storm door handle and send to a lab for biogeographical ancestry analysis. There was a lab in Florida that had improved their DNA capabilities to the point that they were able to determine what race the person was.
Starting point is 00:13:49 We had not done this type of analysis before. The results came back that the donor of the sample would self-identify as African American. It completely changed the course of the investigation. It completely changed the course of the investigation. In July, my son was born, so I went out on maternity leave. And it was at that point that Special Agent Bill Martin came into the investigation. When I spoke to Megan's father, I found out that she was involved with a youth center at the Navy shipyard. There was a counselor at a youth center for the military.
Starting point is 00:14:33 He was close to Megan. He was an African-American male. And he'd had direct contact with one of her counselors. She talked to him all the time. And it was believed that there was a possibility he wanted more out of a relationship with Megan because of the way he acted around the family. His DNA profile, we didn't have. He refused to give us a sample.
Starting point is 00:14:54 She said he would rather go down to the police station, but he didn't show up at the appointment. He did everything to try to evade being questioned or talked to. He was given every indicator that he had something to hide. everything to try to evade being questioned or talked to. He was given every indicator that he had something to hide. Hotshot Australian attorney Nicola Gaba was born into legal royalty. Her specialty?
Starting point is 00:15:20 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 Marsha 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.
Starting point is 00:15:49 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. In the Pacific Ocean, halfway between Peru and New Zealand, lies a tiny volcanic island.
Starting point is 00:16:27 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 a virgin. 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.
Starting point is 00:17:06 Listen to the Pitcairn Trials exclusively on Wondery+. Join Wondery in the Wondery app, Apple Podcasts or Spotify. There weren't too many rocks that we didn't turn over in this case. This one was a real whodunit. The counselor at the youth center wasn't being cooperative. He didn't want to give us a sample of his DNA. We got a covert sample from him. He'd gone to the youth center one day.
Starting point is 00:17:38 We identified his vehicle. The Portsmouth Police Department took a swab off the door handle of the vehicle. The DNA sample, when we submitted it, it came back negative. It did not match the DNA from Landowski's residence. It was another dead end. Five months had passed since the murder of Megan Landowski. There's a rule of thumb in homicide investigation that once you pass 48 hours past the murder, the case is going to get
Starting point is 00:18:06 that much more difficult to solve. It was incredibly frustrating. This case consumed us. The next break in the case came from an unlikely source. September of 2008, we had a memorial walk for Megan for her birthday. And during that walk, Megan's old bus driver came up to one of the detectives and said, You guys need to look at Robert Barnes. He rides my bus, and he and Megan would flirt back and forth together. And I think you really need to look at this kid. Robert Barnes name was nowhere in our list of people to look at because he went to Churchland High School. Megan went to Woodrow Wilson High School. At Churchland High School she was accepted into the program for gifted and
Starting point is 00:19:02 talented students. She was only in this program for a year. Robert Barnes was a 16-year-old junior at the time. So they were both in the performing arts program. He played the violin in the orchestra, and she was a dancer. Robert Barnes would come over two or three times a week to catch the bus with Megan. They didn't hang out together, anything like that. It was just friends. I thought to myself, he's harmless.
Starting point is 00:19:28 I went to interview the bus driver at Churchland High School, and then I went into the school, and I met Robert Barnes for the first time. He's smiling. He's very polite, well-spoken, very intelligent young man. I said, Robert, will you give us a DNA sample? He said, I'll have to talk to my mother. And Robert called me the following day. And he said, hey, I got some more information. Can you meet me?
Starting point is 00:19:56 So when I met up, when Robert came to the office that I was in, he was chewing bubble gum. And I said, hey, did you talk to your mom last night about giving me a DNA sample? And he says that he hadn't talked to her, but you can have the gum that I have in my mouth. I took the gum and gave it to forensics, and then we sent the whole package to the forensic lab for DNA sampling. I get a phone call. Okay, well, you need to call the tech. There's a problem with the sample. I get a phone call, okay well you need to call the tech, there's a problem
Starting point is 00:20:27 with the sample. The DNA was from a female, it wasn't from a male. This kid switched the gum on me. That got our attention very very quickly. So the following day I went to the school and I asked Robert would he come with me to do an interview. As we're walking out to my car, Robert takes his hands and slides it up into the sleeve of his shirt and opens the door with the sleeve of his jacket that he had on so that he didn't touch the door. Robert was using forensic countermeasures to try to prevent us from getting a DNA sample off the door of the car. Robert Barnes was now the prime suspect, and at that point, NCIS agent Dana Shutt had returned from maternity leave.
Starting point is 00:21:13 I will never forget, on October 23rd, I was notified by Portsmouth detectives that Robert Barnes was going to Portsmouth Police Department for questioning in Megan's death. At the time, I was in training at the Federal Law Enforcement Training Center in Georgia. I immediately got in my car and drove the eight and a half hours to Portsmouth. He started telling the story that he was supposed to go there because he had seen Megan the Saturday before, and she asked him to come by.
Starting point is 00:21:50 And that he went there, and he knocked on the door. Barnes says she didn't answer. But then I'm like, well, I'll just go ahead and go through the window. And then he told the police a wild tale. And when I got up from there, boom, she was sitting on the bed, and the guy was sitting right there. I don't even know who it was, you know. And then he told the police a wild tale. Barnes told McDaniel there was a masked man sitting in Megan's room, holding her at gunpoint. Barnes claimed the masked man forced him to rape Megan and then to stab her. Nobody believed the story.
Starting point is 00:22:29 Very unlikely to ever happen that way. So Sergeant McDaniel brought Barnes back to reality, asking him about that bloody footprint. Did you recognize that footprint? Yeah, let me see. Because it might be from on Mikey's. Yeah, I think there's me going out the door. The detectives are forward. Robert, I'm going to tell you something straight up, okay?
Starting point is 00:22:53 Everything ties you to this person. Yeah, I know. Nothing ties anybody up to them. There's no footprints. There's no other DNA in the house. Everything ties you to this. Okay, 100%. All right.
Starting point is 00:23:04 Robert Barnes' mother, who was present for the questioning, jumped in. Hold on one minute. Is he under arrest? That's all I want to know. Is he under arrest right now? Well, I mean, that's... Is he under arrest? That's all I want to know.
Starting point is 00:23:19 Don't say nothing now. Because, I mean, what can I do? Excuse me. Excuse me. Robert, I'm going to take a phone call. I'm going to lead an investigation. Because, I mean, what can that do? Excuse me. I'll interrupt you. Excuse me. Robert, I'm the type of phone guy. I'm the lead investigator in this case, OK? Just going to let you know that you are under arrest for a
Starting point is 00:23:32 murder of Megan Lewandowski. OK. And that answers your question. I was sitting at my desk. At 1 o'clock in the afternoon, one of the detectives called me. And he's like, we got him. Are you sure it's him? Yes, I'm positive.
Starting point is 00:23:56 So I called Chris, and I said, I'm on my way home. I couldn't even think at that point. After he was under arrest, we got a search warrant and got a DNA sample from him. I'm on my way home. I couldn't even think at that point. After he was under arrest, we got a search warrant and got DNA sample from him. In approximately eight hours, we had the results and it was a match. We were elated, but at the end of the day, we still didn't have Megan.
Starting point is 00:24:22 But at the end of the day, we still didn't have Megan. We believe that Robert went there to have sex with Megan. We believe that the sexual assault was part of the plan. Perhaps he felt rejected by her. Maybe she didn't like his advances. And so he killed her. In court, Barnes gave no motive but admitted to sexually assaulting and murdering Megan. We opted for a plea deal.
Starting point is 00:25:09 We did not want to face trial because we didn't want to see pictures. But Megan's parents did have to face Robert Barnes at his sentencing. They called me to the witness stand, and I looked right at him, and I told him. I said, Robert, she thought of you as her brother, and she loved you as a brother, but yet you took her life. You have to live with that for the rest of your life, and I hope you see her every day. Robert Barnes was sentenced to 42 years in prison. Had he been tried as an adult, we would have requested life. Robert Barnes' earliest possible release date is in 2045. He would be 53 years old.
Starting point is 00:25:52 The Portsmouth Police Department and NCIS, when you say they left no stone unturned, they left no stone unturned. If it wasn't for them, I don't know if we could have handled what happened to Megan. It felt like somebody put a warm blanket around us for security. It's a good picture though. Yeah. I think about Megan and her family all the time. What I'm most proud of with regards to this investigation
Starting point is 00:26:31 is the sheer determination of all of the agents and detectives and officers involved in finding Megan's killer. This crime was solved because of hard work from both Portsmouth Police Department and NCIS. In September of 1992, there was a body found in Lake O'Neill, which is located on Camp Pendleton, California. The victim was found by a Marine passing by with his son that was fishing that morning and called military police. They did some forensics. They did some canvassing of the area to try to develop a logical suspect,
Starting point is 00:27:30 but the case went cold. To treat a person like she's been treated was totally a violation, and it is disturbing. The victim, she was a mother, she was a daughter, she was a friend. She was somebody, someone she was a daughter, she was a friend, she was somebody, someone who was important to them. Duane Swear's life revolves around NCIS.
Starting point is 00:27:55 He spent 22 years as a special agent, but these days... All right, here we go. Nice and quiet, people. He's in a different reality. I'm the technical advisor for NCS New Orleans, and my job and responsibility is to give realism as best as possible to the television show. Back up, movie!
Starting point is 00:28:17 And action! You know, you see a lot of moving parts here, and we're all a big family. We all have a good time and work hard and play hard, but in the real world, doing the cases that we do, it's pretty intense. Actor Scott Bakula's character on NCIS New Orleans... Best way to find out who all was on board is to test that blood. ...Dwayne Pride is loosely based on Dwayne's swear.
Starting point is 00:28:42 You talking about that case you've been working on? Yes, sir. What's going on with that? What's unique about cold cases, time is your ally. Yeahwayne's swear. You talking about that case you've been working on? Yes, sir. What's going on with that? What's unique about cold cases, time is your ally. Yeah. Because relationships change. You know, personalities get, you know, changed. Most people want to do the right thing.
Starting point is 00:28:54 Yes, sir. Absolutely. We're just here to help. And the case of the young woman found near Camp Pendleton will always be with him. I was sitting in my living room one night, and all of a sudden I started tearing up, thinking about the whole case. It was determined that more than likely she died off base and her body was dumped onto the lake.
Starting point is 00:29:21 There was indications of drag marks. There were some tire marks, but there was nothing that was identifiable. As the years passed and the homicide file went through different jurisdictions, then NCIS agent Dwayne Swear gave the case a nickname, Operation Jambalaya. Operation Jambalaya was a concept. You have local, state, federal entities working together, mixed together to put this one great dish together that have solved this mystery.
Starting point is 00:29:53 I'm an Awalas guy, born and bred. Swear knows his jambalaya. A hometown dish made with a little of this and a little of that, much like this case. The first step was learning the identity of the victim. And they were able to identify her as Marilyn Allen from her fingerprints. They did some forensics. They did some canvassing of the area to try to develop a logical suspect.
Starting point is 00:30:19 But the case went cold. Agents were able to develop a snapshot of the victim. Marilyn Yvette Allen was originally from Ohio, but over time, she'd become estranged from her husband and children and had started her life anew in the San Diego area. So you don't have anybody looking for her. You really have nothing to sink your teeth into. It just stays unresolved.
Starting point is 00:30:41 It was really a no-hoper, so to speak. There was no movement on the case for five years, but then a woman came forward in Baton Rouge, Louisiana, with a story that would change everything. Even today, it's painful for her to revisit that moment in time. I'm sorry, I can't even tell you the last time I've ever said his name, and I don't know why it's so hard. And I don't know why it's so hard. Shanice Etienne's story begins when she was in her early 20s and a college student and out on a terrific first date with a handsome former Marine. He surprised me with a teddy bear and some gifts for Valentine's Day,
Starting point is 00:31:18 and I thought that was really sweet. Her new sweetheart was Roosevelt Gibson, who had left the Marine Corps so he could return to the Baton Rouge area to be near his family. There, he found work as a maintenance man at a riverboat casino. Gibson told Shanice of his time in the Marines and hinted that there were some dark days. He said, I'm not proud of everything that I did while I was in the Corps. And I said, well, I understand that. You know, no one's proud of everything that I did while I was in the Corps. And I said, well, I understand that. You know, no one's proud of everything that they've ever done.
Starting point is 00:31:50 You know, everyone's got something. So, you know, don't beat yourself up. He says, no, you don't understand. This is really bad. Shanice was about to find out how bad. Just weeks into her new romance with former Marine Roosevelt Gibson, he began sharing with Shanice some very disturbing details. He eventually proceeds to tell me a story about how he had killed a woman and what he did with her body and so forth. And I mean, I didn't know whether to believe him at first, because
Starting point is 00:32:30 why would someone who you don't know very well open up and confess something like that? But soon, Shanice became convinced Gibson was telling the gruesome truth. He told me that he had strangled a woman. And then things suddenly got very scary. When on one date, in the middle of an argument, it looked like the same thing might happen to her. The moment that I realized that was when he had his hand around my throat, threatening to do the exact same thing to me that he had his hand around my throat threatening to do
Starting point is 00:33:05 the exact same thing to me that he had done to this woman. I saw his darker side a week after he told me what he did to this woman. I found myself sitting in my car with him with his hand around my throat. Him slamming my head against the side of my car and he had me by the throat. He says, you see this finger right here? And he moved his finger like that. He said, I could just move that finger in a certain way and you'd be dead in 30 seconds.
Starting point is 00:33:57 She went to the police, revealing the horrific and crucial details that her boyfriend Gibson had shared about the woman he had killed. He told me that he took her body onto the base because he didn't know, you know, what else to do. And he disposed of her body in a lake on Camp Pendleton. Police contacted NCIS in San Diego. They were certain that this had to be about the Marilyn Allen case. And with the details Gibson had told Shanice, all signs pointed to him as her killer.
Starting point is 00:34:32 Everything fell into place. But with no witnesses and no DNA evidence, Agent Sweare had a big problem. So the only way we're going to solve this if Gibson would admit culpability, the only way you're going to do that is to put an undercover agent against him and see if he'll talk about it. With the odds against him, he needed just the right player.
Starting point is 00:34:55 I had to find me a Marine. Because there's a bond there between Marines. Just like in law enforcement, there's a bond between Marines. I have a very close friend, and he at that time was a lieutenant with the New Orleans Police Department, and it's Jeff Wynn, who also is a gunnery sergeant with the Marine Corps Reserves. And we were sitting there talking and talking and talking, and I'm looking at my undercover agent. At that point, we cut the conversation off because I told him absolutely not. You know, there was no way I was going to do it.
Starting point is 00:35:27 But this is a challenge. We going after a murderer. So I basically pitched him and said, man, this could be us and we can solve this thing. We can solve it together. You know, Dwayne is very persistent. He continued on and he continued on. So I made the fatal mistake of saying I would think about it, and that was pretty much it. Wynn went undercover.
Starting point is 00:35:48 You need to go to Home Depot and find out where the Phillips screwdriver is, buddy, because you're going to be a maintenance guy. What I actually had to do was I had to make him think that he and I were both very much alike. I let him know that I was going through a bad divorce, which I wasn't. I let him know that I was going through a bad divorce, which I wasn't.
Starting point is 00:36:05 I let him know that I had child custody issues. I let him know that I really hated my ex-wife, which I didn't have one. But we also talked about violent situations, being involved in gunfights and killing and things like that, to almost a criminal behavior. I was wearing a wire the entire time, and I was recording the conversation. Let me tell you something. It's a whole different story to stand there and look in the eye. Stand there eye to eye, man to man, with nothing that's got a gun.
Starting point is 00:36:39 That's okay. We all committed great sins. Wynn was bonding with Gibson, Marine to Marine? I think what happened was everything inside me, like my childhood, stuff like that. I think I got the best of it. The stakes were rising. How was he going to prove Gibson was the killer? Little did I know it was going to be probably my most challenging undercover operation.
Starting point is 00:37:17 In their conversations during breaks at work, Wynn sensed he was winning Gibson's trust. I'll tell you one thing. Something happened to me in California. It wasn't planned or anything like that. It's just something that sort of happened. He told me that he had picked up a prostitute. She tried to rip him off, and he was infuriated by the fact that she would try to do that to him. The woman was Marilyn Allen, who had fallen on hard times.
Starting point is 00:37:46 She didn't do what she was supposed to do. She kept raising such a big commotion about it. He didn't back off at all. I mean, once I hit, like, the third or fourth button, man, he just, he went all out. I squeezed and I squeezed and I squeezed, and when I first started squeezing, she kicked my little shit. She cracked my little shit. That she reached up, she kicked my windshield. She cracked my windshield.
Starting point is 00:38:05 That's just how hard she kicked it. He kept looking at his hands as if her neck was still there, and he just continued on until he told me the whole situation. And I grabbed her by the back of my head, and I was boom, right looking there for a crack in the dashboard. There was a lot of anger in his voice, you know,
Starting point is 00:38:27 as if he wasn't finished with the situation. It was almost like he relived the entire thing. I didn't think about it at the time, but she really pissed me off. I remember hoping that he wouldn't ask me a question or whatnot, because I wasn't sure if I could speak. if I could speak. Don't put her face down no more. But the next thing, it felt like somebody broke my wrist.
Starting point is 00:38:53 It's just how hard that's been. When he talked about dumping the body in Lake O'Neil... I'd been to Lake O'Neill. Seen all of the crime scene photos. I knew that he was telling me the truth. Wynn had the goods on Gibson, and in February of 2000, Roosevelt Gibson was arrested and charged with the murder of Marilyn Allen. Special agents say for eight years, former Marine Roosevelt Gibson II had gotten away with murder.
Starting point is 00:39:33 Police say you murdered someone back in 1992. And NCIS agent Dwayne Swear was there. We knew we had him. It was done. We caught the murderer. Actually, Tom is our ally. There is no hurry to doing these things because it's a very methodical, in-depth investigation. Gibson was sent back to San Diego to be tried for first-degree murder. Assistant District Attorney Mike Still knew he had a tough case to prove. We didn't have any physical evidence.
Starting point is 00:40:08 We didn't have the car. We didn't have any eyewitnesses. That proved to be a problem. The jury convicted Gibson, not of murder, but of manslaughter. I don't know how the jury came to the decision that they came to. I think it was, you know, without a doubt, a murder.
Starting point is 00:40:29 Disappointed? Yes. Gibson was sentenced to 11 years, but was released after only five and is now a free man. Roosevelt's a dangerous individual. I think Roosevelt truly enjoys hurting people. That undercover, it was a push for me, Dwayne. I've worked undercover before, but I don't think I ever worked an undercover where I had to really step outside
Starting point is 00:41:01 of myself and I had to become something that I didn't want to be That aspect of it was kind of hard for me But both swear and win know who the real hero is If it's not for her making that phone call none of this goes down, nope, none of it happens. She is a hero to a lot of people. Hey, girl. Been quite a while.
Starting point is 00:41:32 Good to see you. She was very brave to come forward because a lot of domestic violence victims do not come forward. I wasn't trying to be anybody's hero. I was just trying to save my life from an abusive person.

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