48 Hours - Post Mortem | What the Neighbors Saw
Episode Date: March 24, 202648 Hours correspondents Natalie Morales and Peter Van Sant discuss the case of Gary Herbst, who was reported missing in 2014, and his remains were discovered years later in the woods of Wisconsin. The...y share extended clips of Peter’s exclusive interview with the convicted killer, how dogs helped solve the case, and details from neighbors who observed the murder scene clean-up. To learn more about listener data and our privacy practices visit: https://www.audacyinc.com/privacy-policy Learn more about your ad choices. Visit https://podcastchoices.com/adchoices
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Welcome to postmortem. I'm 48 hours correspondent Natalie Morales filling in today for
Anne-Marie Green. And today we are discussing the case of Gary Herbst, who was reported missing
by his wife in 2014. Three years later, a dog discovered his skull in rural Wisconsin with a gunshot
wound in the back of the head. Joining me today to discuss his fascinating report is 48 hours
correspondent, Peter Van Zant. Thanks for joining us, Peter. Hey, Natalie. How are you? I'm good. Thank you.
And this one really was riveting. Absolutely. And the notion that this man in rural Wisconsin,
he goes out, sees his dog nine on something in the driveway, comes up and checks it out and
sees a human skull and calls police. It was just incredible. Now, Peter, this hour also features
your exclusive interview with a convicted killer. And this is one of the most revealing
conversations about a murder that I've heard here on 48 hours.
Yeah. Over the years, I was trying to add it up. I've talked to about 19 accused killers.
None of them has ever admitted it. We've had very confrontational interviews and things and gotten
very close to getting them to admit. But in this case, Austin Herp's, Gary's son, not only admits
it, but he gives us details step by step of how he murdered his own father and left his corpse in the woods
for animals to eat to destroy the evidence.
He delivers that matter-of-factly,
and it's chilling and yet fascinating.
And he gets into his reasons for doing it.
We're going to get into all of that and more.
But first, a quick reminder,
if you haven't watched or listened to the episode yet,
what the neighbors saw.
Do go check it out,
and then come on back and join us for our conversation.
So in 2017, after that dog dug up
an unidentified human skull.
Police then went to the woods in Wisconsin.
They found additional human remains there,
but investigators were unable to identify the victim
until three years later,
and that's when genetic genealogists got involved,
and they were able to use DNA to trace a family tree,
which then led them to identifying the victim as Gary Herbst.
Gary's wife, Connie, had filed a missing person's report for him back in 2014.
Peter, what was her story back then?
Connie said that Gary just walked out on them, packed some clothing, took $5,000 in cash,
but he left his cell phone behind.
That seemed very strange.
Connie said that he left in a gray Honda vehicle that was driven by an unknown person.
And Connie says that she was at home, and this is important later, she was at home when Gary left her,
and only reported him missing when Gary's sister asked them,
to many months later when there had been a death in the family and they wanted to notify Gary,
that's when they learned that he was missing. And they urged Connie to file that report.
So there was a gap in the timing from when he went missing to then when they actually reported it.
And then when investigators were able to finally track down Gary's wife, Connie, and their adult son,
Austin, in 2020, they said, as you did, that Gary walked out on the family seven years earlier,
and described him as being volatile and abusive.
But investigators were immediately suspicious about the stories that they were telling
because some of the details weren't really adding up, right, Peter?
That's absolutely right.
In 2020, Connie told cops she was at the library when he left, not at home.
Remember her first story?
She said she was at home.
Also in 2020, Connie said that her 40-caliber gun had been taken,
but she didn't mention anything about her pistol being taken before.
And Austin's version of events changed throughout his interviews.
His first police interview, he claimed a stranger picked Gary up and drove away,
but in his second interview, he said the driver was a mysterious man with tattoos
who was sketchy.
And during a second interview, they both consented Austin and his mother Connie to a polygraph test.
Now, Connie didn't show any signs of deception.
But Austin did.
And by this point, investigators had a hunch.
They were lying, but there was no other evidence.
So they had to let Connie and Austin go, even though their instincts told them, gosh, they must have been involved in Gary's disappearance.
Well, the investigators then continue on with their work trying to put the case together.
They then go canvas the neighborhood.
And that's when they were able to get clues from the neighbors who said he was a confrontational and retaliatory.
guy. So the neighbors, Chad and Kaya told them back in 2013, they remembered seeing Austin and
Connie scrubbing the floors in the middle of the night. They were loading large garbage bags and what
appeared to be a rolled up rug or a carpet into Gary's truck. Yet they didn't report any of this
to the police. Why not, Peter? Yeah. And Kaya recalls that when they had observed them loading up
the garbage bags, her husband, Chad, said, Kaya, I think they finally killed him. But
they were going off on a hunch since they did not see the body or any blood.
They thought Gary, as the whole neighborhood did, was a horrible man and in some ways potentially dangerous.
The neighbors also told investigators that, look, murder is never the answer and that no one deserves to be murdered,
but they also hoped that these two would not be punished in any way because they felt Gary was just that terrible.
of a human being.
So they speculated from the get-go, then it was Connie and Austin who killed Gary and that
he didn't just walk out on the family as, you know, Connie and Austin were telling people back
then.
Yeah, it's like that scene out of the Wizard of Oz, you know, ding-dong, the witch is dead,
the wicked old witch.
That's the way it was in that neighborhood.
And when they were watching Austin and Connie after he had disappeared, they were so happy.
You know, they were walking around with cookies and offering them to neighbors.
that they hadn't really spoken too much because they said Gary always kept them indoors.
And neighbors also saw Austin and Connie, if you're ready for this,
setting up for a yard sale.
And what was for sale?
Well, it was men's clothing.
Gary's clothing, obviously.
Men's shoes, ammo boxes, tools, Gary's favorite ride-along lawnmower.
And when Kaya asked Connie where Gary was, she replied,
he just didn't want to be married anymore, and he left.
Yeah, but the real crack in the case was when a cadaver dog, Radar, then searched the former Herbsthaus in 2020 and detected the scent of human remains.
Now, as a dog lover, I love that you have two dogs that really helped be the key in helping solve this case.
Yeah, the handler Dan Moldenhower told us that Radar is a German Shepherd rescue from Wisconsin.
And when she detects the presence of human decomposition, she will turn around,
sit and look right at Moldenhower. And I witnessed this myself. After all these years,
Radar went through the Herp's house and alerted at the very spot where the new owner said that she had
seen this red stain on the floor. And at the time, Radar alerted, and when we were there, she did it again,
which was really something to see. The dog also alerted at the basement sliding door that led outside,
which is where, of course, the neighbors had seen the two of them bringing out bags and what appeared to be
this rolled up rug, which when they were talking to each other, they thought, gosh, could there be a body inside that?
And all of the areas that radar detected were also areas where the luminal glowed.
48 hours people know very well. You spray this chemical luminal. It detects blood and turn off the lights and they put a special light that causes that chemical to glow.
And all over that house, it was glowing. It looked like, you know, Times Square.
and that told them this was definitely the murder scene.
So even though, Peter, this was largely a circumstantial case back in November 2020,
police then arrested Connie and Austin for Gary Herp's murder.
And when Austin was interviewed then for the fourth time,
that is when he finally said he shot his father and he alleged he did it because of years of physical and psychological abuse.
Now, you, Peter, were able to sit face to face with all.
And you spoke to him at length. What was it like sitting across from him hearing all that detail?
He was one of the most fascinating killers I have ever met. And I can call him that because he admitted to it.
He was charming, articulate, intelligent, a great storyteller. And a man who spent all this time in prison,
he's really thought about this story. And he has ready-made answers for whatever you ask.
He believes the killing of his father was justified. And he told me with, with, with,
without any emotion that if he could go back in time and the circumstances were the same,
he'd shoot him again. He tells one story during the course of the interview that there was this
bloody mess down there on the floor. We didn't put any of this in the show itself. His mother comes
home and she sees it and they were both just matter of fact about, we need to clean this up.
But despite all of those years passing, Austin never came forward, remember this, to tell the
truth about what it occurred inside that house until he had.
had to until basically he was confronted with, we know you did this. There's a really interesting
exchange that I had with Austin that wasn't in the show that I want people to hear. It's about his
thought process leading up to his confession because it suggests that there was a possible
cover up here. About four and a half hours into the questioning, you finally do speak up and you say,
I would like to tell the truth, but I need to talk to my mom first.
Why did you have to talk to her?
Was that to fabricate another story?
I think it was partially that.
Part of my brain was thinking, well, I need to talk to my mom and, you know,
figure out what to say to get away with this.
Now, later on in my life here, I think I was looking for an excuse to tell the truth.
I think I was looking for a way to confess what I had done.
because even though I had had these years of happiness and freedom, it's a weight.
It truly is a weight having something like that and knowing that nobody knows.
So interesting, Peter.
Yeah, to have a discussion on how to get away with this murder.
Wow.
He is a contradiction all the time.
You feel sorry for him in one moment and then in others there's this cold calculation that's going on.
So that's what makes him so fascinating.
Yeah.
Well, Austin did say on the day of the murder that Gary and Connie had gotten into some sort of argument.
Connie then left.
He said she went to the library.
Gary then fell asleep on the couch.
And that's when Austin said he saw the gun under the skirt of the couch.
He said that's when he sort of went into this mode where he started to fear for his life, for his mother's life.
He picked up the gun.
And then he shot Gary while Gary was asleep laying on that couch.
I want to play more of your interview when you grilled Austin about his actions.
What do you say that your life while he was sleeping there on the couch was not under imminent threat?
And that you could have picked up the gun and left the house and gone to the police.
You didn't have to shoot him.
This wasn't legally self-defense.
This was murder.
Correct.
What do you say to all that?
I have to refer back to, again, 18 years I've been told,
if you try to have me arrested, if you try to flee,
if you try to, you know, go your own way, I will find you and kill you.
You believe you have no doubt, in fact,
that when he woke up, he would have been the one to pick up that firearm.
He would have been the one to pull the trigger.
Absolutely, 100%.
kill or be killed. Exactly. And it's a terrible, it's a terrible situation to have been put in.
Kill my father or accept that my death is on its way. The question I still have to this day,
was it kill or be killed or was it kill and will be happy the rest of our lives by eliminating
this man who by many accounts was a nasty personality with a mean disposition. And he says that he
suffered abuse. He's asking others to understand that he was
his and his mom's lives. Keep in mind, he always said, I was my mother's protector, and he really
did believe she would be shot. But prosecutors said, there's a lot of ways of protecting people these
days, and that Austin should have picked up the gun, gone to cops. But we've seen, of course,
in other cases where victims of domestic abuse did all the right steps, and they still ended up
being killed by their abusers. Prosecutors argued, however, you can't. You can't
let someone off easy for murder just because they claim that they were abused or else anyone
could say that. And as they told me off camera, we could have a million people murdered a year
if that was a legitimate basis for killing someone. Welcome back. Now, Austin Herps claimed that he
shot his father, Gary, after he alleges Gary abused him and his mother for years. But Peter,
despite all those allegations, did police ever get any reports of abuse or do?
Did family members become aware of any such claims of abuse?
Prosecutors say there was no reported evidence of abuse.
And that the first time Austin and Connie talk about abuse is after Gary's body is identified and a murder investigation is launched.
And Gary's the victim's sister Linda and her husband hung out with them many, many times before there was this sort of breakup in the family.
and they never saw any evidence of abuse, not a bruise, not a scratch, a cut.
In fact, Linda's husband was a veteran cop of 30 years trained to look for signs of abuse.
And he said whenever he saw Austin and his father, Gary, together, that it was a loving relationship and they had a great time together.
But remember, and this is important, Linda was estranged from Gary and hadn't seen him for years.
And over time, who knows, the abuse may have gotten worse.
Yeah, and I mean, of course, the other side of that, Peter, we know with domestic abuse victims that they usually suffer in silence or they fear that if they tell someone the abuse will just get worse for them.
And psychological abuse, well, you can't necessarily see it that it doesn't give you bruises or a black eye.
So this is what's made my head spin around during the course of this investigation.
and it spins to this day.
You raise the issue with Austin.
We have a little bit more of your exchange.
Prosecutors also say that there is no what they call real evidence
that either you or your mother were ever physically abused by Gary.
You never call police.
You didn't seek help from the court system.
You didn't seek help from any social agencies.
and what do you say to that?
For as many abuse cases that are reported to police,
for as many people who contact them
and receive restraining orders against other people
due to domestic abuse and violence,
I don't know the statistics,
but I can guarantee you there are just as many that go unreported.
Not everybody has the freedom or the courage
or the ability to call the cops.
to receive a restraining order.
Why didn't you ever share with a friend,
my father is abusing me and my mother,
we fear him,
they could find no one to back up your story.
I had to hide it.
I had attempted to, when I was younger,
and it brought me either being bullied
because I was a weird child
or just apathy.
wasn't their problem.
And I mean, I'm talking kindergarten first, second grade.
As a child, I was like, okay, nobody cares.
So I'll just keep this to myself.
It's a compelling story.
I can't tell you that it is untrue.
It's just as prosecutors who are suspicious about all this say,
it only came out when their lives were on the line.
And this was the only defense in the prosecutor's minds that they could put forward
that in some ways would create sympathy for them
and the notion that they had
was that that could lead to a lesser sentence.
You then asked Austin
how he and his mother, Connie,
decided to dispose of Gary's body.
I want to play a little bit more of your interview.
This part didn't make it into the hour.
We drive for, I'd say, about two, two and a half hours.
I'd start taking county roads.
And there is a, like, almost like a square of forest,
and then a field.
And then you try to dig a hole, a grave?
Yeah.
What happens?
In the process of doing so,
cars, you know, I can still see the lights on the road of vehicles that pass by.
And I saw a vehicle go by, and I heard the vehicle slow down.
So at that point, I got nervous, and I went back to the car.
I figured that wildlife would take care of the rest.
What do you mean wildlife, take care of the...
Bears, foxes, they would devour the body, the bones would be scattered.
Nobody would know.
That seems a bit barbaric.
Absolutely.
I was not in a state of mind that I ever want to revisit.
I was at the lowest I'd ever been, both in my emotions and in my humanity.
Dump the body so animals would eat him.
And he says it so matter-of-factly, even now, there's no emotion behind those words.
It's like he's delivering a report.
It became, in a way, the perfect cover-up, you know, evidences in the stomach of beasts.
And they also ended up getting rid of other evidence.
According to Austin, after they returned home, they cut up the couch into pieces
because there was blood all over the couch.
And they put the pieces in plastic bags and place them in Gary's truck.
along with the rug, that's the stuff that the neighbors believe actually saw, and drove to a campsite where he and his mother earned the remaining evidence.
They also disposed of the gun used to kill him in a lake that was nearby.
And after the murder, they did everything possible to cover up what they had done.
They lied to cops.
And I said to him, that's what criminals do.
And he says, yeah, that is.
And did they ever tell you if they thought at all to call the cops?
and, you know, to claim even that this, they did this in self-defense instead of, you know, trying to cover up what was a murder.
Yeah, I was a little surprised by this. Austin said that he and his mother didn't call the police because they believe that cops are evil.
Austin told me that he was made to feel scared that if he did call the cops, he would be locked away for life.
So they lied to cops for years.
Let's talk more about Connie Herps because she pleaded guilty to aiding an offender.
an accomplice after the fact.
She was sentenced to two years, three months without a trial,
but under Minnesota sentencing guidelines,
Connie ended up serving just three months behind bars.
She was released in May of 2022.
Now, in your interview with Austin, Peter,
you raised the prosecutor's speculation
about whether Connie might have actually been the one
to have shot Gary Herbst.
And that Austin, as he said,
he was always his mother's protector,
was he perhaps the one who was then taking the fall for it?
Yeah, the prosecution really wanted to cross-examine Connie to challenge her about her story,
if she was at the house or at the library.
But because she took this plea deal, she didn't go to trial and they never got that chance.
And of course, we asked Connie for an interview and she turned us down.
Well, Austin ultimately pleaded guilty to second-degree murder.
and in 2021, a judge sentenced him to 12 years and six months.
Now, Austin will be eligible for release in 2029.
Peter, were you at all surprised by the sentence?
Yes, there's discretion with the judge.
She heard his story and people who've listened to this podcast.
You get a sense of this young man, the intelligence.
You don't sense there's some demonic threatening thing in his personality.
she believed his story of abuse.
The prosecution, honestly, was flabbergasted by how light a sentence was given to both Connie and Austin.
And consider this.
In addition to the murder, Connie and Austin, they'd obstructed an investigation.
They lied to police officers.
That's a crime.
They desecrated a corpse.
And you would have thought those things would have been reflected in the length of their sentences, but it was not.
But as you report, Peter, which was so far.
fascinating is hearing from the neighbors again who, you know, they hated Gary Herbst. And they were actually hoping that Connie and Austin would have to serve no time. They didn't want them to do any hard time. I don't think we ever hear people being that empathetic and supportive to defendants in a case of murder.
Yeah, the neighbors, the former neighbors are very supportive of the two of them. One said that she thinks Austin's sentence is,
is too much time and that it's wrong considering the abuse.
And another neighbor felt that Austin's actions were justified,
and he even offered to help him when he gets out.
He told me, I might offer him a job.
And they felt the Austin they got to know
was not a threat to society in any way.
Well, one can hope that he's learned a lot from this experience
and having the time to think about his actions.
but thank you again for great reporting and for joining us.
Thanks, Natalie.
And thank you all for listening.
Now, if you like this podcast, please rate and review on Apple Podcasts or Spotify.
