Cold Case Files - A Brother's Burden

Episode Date: March 31, 2021

There were three Evans brothers: the cop, the truck driver, and the troublemaker. When a rumor surfaces connecting one of the three brothers to a murder case eighteen-years cold, the boundaries of loy...alty, morality, and trust between siblings are tested. Check out our great sponsors! Listen to the story of Angela Mack and Thomas Rettew from The Vanished on Apple Podcasts, Amazon Music, or listen ad-free by joining Wondery Plus in the Wondery App. Tommy John: Get $25 off sitewide at TommyJohn.com/coldcase - see site for details. Talkspace: Get $100 off your first months of online therapy when you use code COLDCASE at Talkspace.com  Madison Reed: Find your perfect shade at Madison-Reed.com to get 10% off plus FREE SHIPPING on your first Color Kit with code CCF

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Starting point is 00:00:00 Thank you for listening to this Podcast One production, available on Apple Podcasts and Podcast One. Thank you for listening to this Podcast One production, available on Apple Podcasts and Podcast One. Murdered. Execution style. In his own barn. One third of all murder cases in America remain open. Each one is called a cold case, and only 1% are ever solved. This is one of those rare cases. From A&E, this is Cold Case Files, the podcast. Dawn Spaulding's daily routine consisted of waking up early, tending to the animals, and going to work.
Starting point is 00:00:54 On that particular Friday, July 2, 1985, Don didn't make it to work. Out of concern for their typically consistent employee, the company called Don's home to make sure he was okay. Shirley Spaulding was the one who answered the phone. Dawn wasn't home. Shirley stated that she had assumed Dawn had fed the horses and went to work like usual. That call was received at 8 a.m. But apparently Shirley wasn't overly concerned, because it wasn't until after 10 a.m. that she found Dawn's body. A neighbor had noticed Dawn's truck parked near the horse barn,
Starting point is 00:01:31 the same location where they had reported seeing unidentified prowlers earlier in the day. Shirley Spaulding found her husband's body inside the barn. She ran back to the house to phone the police. Captain Phil Perry answered the call and rushed to the Spaulding home. This is Captain Perry. He was right inside the barn barn about three or four foot, laying kind of on his back with his arms thrown out. A bucket kicked over where he was preparing to feed up his animals. Don had been shot four times at close range. At that distance, escape would have been impossible. The crime scene investigators searched the barn for evidence,
Starting point is 00:02:05 digging through straw and mud and animal muck, but they didn't find anything useful. Captain Perry talks with Shirley, thinking that she might be able to provide some kind of insight to help the investigation. She tells Captain Perry the same thing she had told the power company on the phone. She assumed Don had completed his normal routine. This is Captain Perry again.
Starting point is 00:02:27 I couldn't understand why she had not been out in the yard or been down to the barn to see if maybe something would have happened to him that morning. If it would have been me, I think I would have been out looking for his vehicle or in the yard or, like I say, in the area of the barn. It would just be natural. My professional experience in education has taught me that there's no correct way to react in a traumatic situation,
Starting point is 00:02:54 like the death of a loved one. Captain Perry, though, was under the impression that Shirley was not upset enough about her husband's murder, evidenced by the lack of tears during their conversation. In the days following the murder, Shirley called the police on several occasions to report prowlers on her property. None of those calls were substantiated, even though an officer had been assigned to keep an eye on the Spalding residence. And an officer was sitting 55, 60 yards away on the highway, looking right down towards the residence, and he didn't see anything.
Starting point is 00:03:27 And of course, sometimes a light bulb will light up in your head, you know, what's going on here? What was going on? Was the traumatized Shirley's imagination creating the illusion of strangers wandering around her home? Or was something more sinister behind the tragedy that had taken place? News of Dawn's murder spread throughout the community, and it fell on Phil Doak to break the news to his wife Ellen. The Doaks had been friends with Dawn even prior to his marriage with Shirley. Captain Perry questioned Phil and Ellen about Dawn with the hopes of discovering a lead. It turns out that Shirley and Dawn had what might be referred to as a whirlwind romance.
Starting point is 00:04:10 They'd only known each other for a short time before getting married. Phil Doak remembers the day Dawn told him he was going to marry Shirley. And I said, well, Dawn, how long have you known this woman? I think he said three or four days, something like that. I said, man, be careful. Slow down. The couple eloped in private without friends or family. In fact, no one knew that the marriage had even occurred until one day Don casually mentioned it while working.
Starting point is 00:04:36 There's no evidence that in the beginning, Don, Shirley, and Matt, Don's son, lived anything but a peaceful life. According to Phil Doak, though, about two years into the relationship, Don's son, lived anything but a peaceful life. According to Phil Doak, though, about two years into the relationship, Don wanted out. This is Phil Doak again. He was telling me about, Phil, things aren't right.
Starting point is 00:04:54 I've got to get out of there. I've got to get away from her. I'm going to take Matt, his son. I'm going to leave just as soon as I get things lined up and get squared away and find a place to live. The Doaks were skeptical of the Prowler story, to say the least. Beyond their dislike for Shirley, just as soon as I get things lined up and get squared away and find a place to live. The Doakes were skeptical of the Prowler story, to say the least. Beyond their dislike for Shirley,
Starting point is 00:05:14 they also noted that the Spauldings had guard dogs that responded to even the faintest of noises. Another person had to be notified of Dawn's murder, his daughter, Linda Smith. I don't know to this day who it was that called me. They told me that my dad had been murdered. And then I had suspicions. Linda was also suspicious of Shirley. She hadn't trusted her former stepmother from the beginning. Linda believed that Shirley was only interested in Don's money. And maybe, financially, Don was worth more dead than alive.
Starting point is 00:05:54 Here's Captain Perry again. If you put a hefty insurance policy together, stock options that you may have, and a retirement check coming in every month. You're having problems with a husband or a wife, and sometimes people will do crazy things. Shirley gets a check for over $120,000 from Don's former employer. Don's murder case gets dropped into the cold case files for 18 years. Despite the lack of progress, his daughter Linda remained hopeful. I never gave up. I never gave up. I prayed
Starting point is 00:06:34 every day that something would come up, that there would be some clues. On April 14, 2003, a police officer by the name of Wes Evans was out patrolling the streets of Ashe, North Carolina. He got a call from his oldest brother, Blake, with a message that they needed to talk. There were three Evans brothers, Wes, the police officer, Blake, a truck driver, and Trent, the troublemaker. Blake tells Wes that their brother Trent is in deep trouble. This is Blake Evans. He told me, you know, the same thing happened to me, happened to Don Spalding. I said, so what you saying is you did kill the man? He said, hell yeah. 18 years after Don Spalding had been found murdered in his barn, Trent Evans threatened his older brother with the same fate.
Starting point is 00:07:32 Scared and unsure of how to handle the situation, he called Wes, his brother, and a cop. This is Wes Evans. I listened to Blake's story, and we went the next morning down to the Sheriff's Department, and we sat down with David Crocker. I can't imagine the dilemma that Wes faced, having to decide between his younger brother and the law. Ultimately, his choice was the law and the protection of his older brother.
Starting point is 00:07:58 Wes went back to the Sheriff's Department, where they met with Lieutenant Crocker. He explained to me that he was an officer, but yet he was his brother. And he felt he needed to bring it to our attention to see if it was true or not. He didn't want to believe it, but the report had come to him and he felt like he needed to pass it on. Lieutenant Crocker, along with Captain Gene Kaysen, pulled Don Spaulding's murder out of the vault of cold cases and began to reexamine the evidence.
Starting point is 00:08:26 They find a connection pretty quickly between Trent Evans and Dawn and Shirley Spaulding. Trent, at one time, had been married to Shirley's daughter, meaning Shirley had been his mother-in-law. This is Lieutenant Crocker. It started to fit together when they were explaining to me how Trent was married in the family and the strong connection between Trent and Shirley Spalding. Kaysen and Crocker come up with a plan to get more information from Trent, but they can't do it alone. They ask Wes Evans to wear a wire to help incriminate his brother Trent.
Starting point is 00:08:57 This is Wes Evans. David told me that it was his last shot to try and solve this case. So I agreed. Wes hopes that his cooperation will exonerate his brother, the kid that he grew up with. Wes sets up a meeting with Trent, a car trip to their father's grave. Here's some audio of their conversation recorded by the wire. I'm your brother, and I'm here to help you in the matter. Oh, I know that, really?
Starting point is 00:09:24 Blake called me last night, part of the murder but Wes' hope for his brother's innocence was destroyed and he looked at me and he denied it but the look on his face Trent denied being part of the murder, but Wes' hope for his brother's innocence was destroyed. And he looked at me and he denied it. But the look on his face was, it was the look of a guilty man. As the brothers pulled up to the cemetery, the investigators continued to listen to the conversation. They were hopeful that they would hear Trent make a confession.
Starting point is 00:10:04 But they also wanted to ensure that Wes was safe. Wes pushed on, letting his brother know that he was in his corner. Me being a police officer, I can help you and cover you. I'll be in your corner, but Trent's got to know the damn facts. That's all I'm asking. Wes tells Trent what he believes to be the truth, making the statement, You were in the barn that day, weren't you?
Starting point is 00:10:29 Trent surprisingly, in a voice no louder than a whisper, says, yes, I was. Wes Evans accomplished his mission. He got his brother to confess to playing a part in the murder. He'd been successful in his task, but it had come with a price. Here's Wes to explain. There'd always been a certain respect that I felt that he had for me, a certain trust, and I used that trust up that day.
Starting point is 00:10:58 Three hours after the recording was made, Trent Evans was asked to come to the police station for questioning. At that point, he wasn't under arrest. Here's some audio from the interrogation. You drove your own vehicle up here? Yes. You're free to leave? You came in that door freely?
Starting point is 00:11:13 And it's not locked, you understand that? You weren't walking at any time? Is there anything confusing about that? No, but... Good. Trent tells the detectives that he had no part in Don Spaulding's murder. In fact, he tells them that he's being framed for the murder by his brother, Blake. This is Trent. The police bring out their trump card, the recording from
Starting point is 00:11:40 the wire that Wes wore during their conversation. They also bring in Trent's mother, who was also Blake and Wes's mother, with the hope that the truth would be revealed. It worked, and Trent started to open up. He starts with a name, Shirley Spaulding. When did Shirley approach you? Okay, the way this thing started. She said, I wish that bastard was gone. Trent said that Shirley had offered him money to kill Dawn,
Starting point is 00:12:10 but he thought she was joking. He laughed it off the way people do when someone says something distasteful. Trent told one of his co-workers, Michael Strickland, about what Shirley had said. And Mike said, hell, I'll do it.
Starting point is 00:12:25 Mike Strickland. Mike'll do it. Mike Shriekman. Mike Shriekman. Okay. I thought it was a joke. Trent then went on to tell investigators that he had connected Shirley and Mike. But after that, he had no part in the murder. The detectives don't believe him. There's things that you're not telling us. I'll just be honest with you about that. The detectives don't believe him. You didn't get any part of it? No. You drugged a man up there.
Starting point is 00:13:09 You knew about him, he was going to do it, and you didn't get any part of it? I didn't know what he was going to do. Come on. I didn't. The detectives have a strong case against Trent, but they don't feel like he acted alone. They want to ensure that everyone involved in Don's murder is identified and charged, especially his wife, Shirley. Are you willing tonight to go and talk to Shirley?
Starting point is 00:13:30 Would you consider doing it? Yeah. Would that work, that angle? I would give it a whirl. This time the detectives put a wire on Trent Evans and send him to talk with Shirley Spaulding, his ex-mother-in-law. The conversation started like this.
Starting point is 00:13:58 Trent had told Shirley that he wanted to talk about Dawn's murder, but he starts to get confrontational. He accuses her of talking about it with others and potentially throwing him under the bus. Here's some more audio from the wiretape. How do I know I can feel free? Have a chance, rest in me. Yeah, well, it's true. I am, yes, I am so sure. If I could stand on my head, I would do it. I had to look that idiom up. Basically, Shirley was saying that she would do whatever it took
Starting point is 00:14:34 to prove that she had not told anyone about the murder. Then, to the surprise of all listening, Shirley makes one final statement on the tape. When I got that last bout of the bank, it was for you and Vicki's truck for $7,500. And that's what was in that last one, believe I believe you. The police believe the exchange of $7,500 was a payment for Don's murder, blood money. It was also a tangible piece of evidence connecting Shirley and Trent to Don's murder. This is Detective Crocker. We're on target. Enough for her to say the cover-up, let's do this,
Starting point is 00:15:13 talk about the exchange of money. We felt confident that we definitely had our master plan here. There was one final suspect that the police had yet to connect to the murder, Michael Strickland, Trent's former co-worker. So, after saying goodbye to Shirley, Trent, his wire, and the police made their way to Michael Strickland's home. This is Detective Crocker again. We caught him in his sleep. We took him off guard. Trent's conversation with Mike is similar to the conversation with Shirley. Someone is talking about the murder, and Trent is scared of being caught. Here is part of that conversation. Michael tries to reassure Trent.
Starting point is 00:16:01 He tells him that there's no way Shirley will tell because she would get the most prison time. He tells Trent to keep his mouth shut, and if the police come to him, they will lie and try and trick him. If he stays quiet, they won't get caught. This is Captain Kaysen. I think the last thing he tells Trent is no matter if the police come to you, no matter what they tell you, they tell you they got 50 people lined up to testify against you, don't believe it. Just stick to your guns and we'll be all right. And we know at that point we got him. With significant evidence against the three suspects,
Starting point is 00:16:51 the police decide it's time to bring them all in for questioning. Starting with Shirley Spaulding. Shirley was backed into a corner. We know that. How do you know that? Because he was wearing a wire and we were listening to everything he said to him. Shirley was backed into a corner. The police had her on tape talking about the crime. Surprisingly, Shirley is overcome with concern and what might even be described as empathy. But it's not for her deceased husband. Do you want to tell us what you know? I'm scared to.
Starting point is 00:17:24 I'm scared that you put me in jail and there's nobody to feed my dogs. Her dogs. Shirley is scared to confess to a murder because she's uncertain who will care for her dogs if she's incarcerated. Here's Detective Crocker again. She opened the door. What about my dogs? What are we supposed to say? No, we're not going to take care of them? No, we'll take care of them that day for sure. After being assured that her dogs would be cared for, Shirley started to open up about her relationship with Don.
Starting point is 00:17:55 She told the detectives that life with her husband had been a living hell and that he was abusive. She never confided in anybody, him being abusive. It just never came through. The detectives don't believe her story. They think Shirley killed Don for his money, using Trent and Michael as the weapon. Shirley goes on to tell detectives how she believed the murder went down. When they were at the barn,
Starting point is 00:18:22 did they tell you what Don did before he was shot? All he said is he called me a bitch, that's all. So you're saying the last words from Don was he called you a bitch? He said that Don was walking down the runway with the buckets. And he said, well, she's the biggest, she's a bitch or she's a biggest bitch or something. All I know is that she's, he presumed he was referring to me. Shirley Spaulding was charged with a single count of murder, along with Michael Strickland and Trent Evans. With all the evidence against the trio, there's still one piece of the puzzle that's missing.
Starting point is 00:19:05 The gun. Trent Evans discloses that he threw it into a body of water known as the Green Swamp. The day after he's charged, Trent agrees to take the investigators to the spot where he discarded the weapon. He indicated standing from the top of the bridge that the weapon had landed probably 20, 30 feet off to my left into the water on this side of the bank. Divers search the swamp looking for the gun, but they don't find it. A local man approaches the police, and in a strange turn of events, he reveals the location of the gun. And the guy says, it's not a.22 rifle, is it? Of course, everybody's eyes lit up and said, yeah. I said, well, about a year ago, my girlfriend's father found a rifle, the barrel sticking up, and he retrieved it, and it's now behind his barn just up the road here. The investigators finally had all the evidence they needed to ensure the three suspects would be convicted of Don Spaulding's murder.
Starting point is 00:20:00 We felt confident with it. We had good interviews. We had all the pieces, all the small pieces that we felt that we were able to get. And we proceeded to the DA's office and laid it out to them, and of course they indicted on first-degree murder. In May of 2004, all three suspects pled guilty to second-degree murder. Shirley Spaulding was sentenced to 30 years. Trett Evans was sentenced to 21 years. And Michael Strickland was sentenced to 25 years in prison. Linda Smith, Dawn's daughter, was content with these sentences.
Starting point is 00:20:36 I'm really satisfied, as long as they have to spend that whole time there. Because I will be there when they come up for parole. Shirley Spaulding suffered from a heart attack in June of 2004 and was diagnosed with chronic pulmonary obstructive disease. Her medical care cost the county upward of $6,000 per week. Ultimately, the decision was made that she would be released from the North Carolina Correctional Institution for Women in order to spare taxpayers the expense. On June 27, 2006, Shirley died from complications related to her illness. She was 68.
Starting point is 00:21:15 Michael Strickland was paroled in August of 2009, serving less than five years. He died on April 17, 2014, at the age of 60. After serving less than five years of his 21-year sentence, Trent Evans was paroled in April of 2009, and the Department of Corrections reports that he's living in Brunswick County. Wes Evans was essential in solving the case of Don Spalding's murder, but his effort came with a cost, losing the trust of his brother. Wes explains how he made his choice. At the end of the day, one is right and one is wrong, and you got to make that choice. In this case, it was personal for me, and it was not a matter of choosing my profession over my brother's freedom.
Starting point is 00:22:01 It was a matter of choosing between right and wrong. Cold Case Files, the podcast, is hosted by Brooke Giddings. Produced by Scott Brody, McCamey Lynn, and Steve Delamater. Our executive producer is Ted Butler. We're distributed by Podcast One. The Cold Case Files TV series was produced by Curtis Productions and hosted by Bill Curtis. Check out more Cold Case Files at aetv.com and by downloading the A&E app. you you

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