Cold Case Files - A Is For Arson

Episode Date: January 17, 2023

When the fire that kills firefighter Gary Parks is ruled an arson, the investigation into his death shifts to a homicide. A serial arsonist is believed to be behind the murder, but it will take a dete...rmined cold case detective to track down the killer. Check out our great sponsors! Cold Case is brought to you by BetterHelp! Visit BetterHelp.com/coldcase today to get 10% off your first month! Vegamour: Go to Vegamour.com/coldcase and use code "coldcase" to save 20% on your first order!

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Starting point is 00:00:00 An A&E original podcast. This episode contains descriptions of violence. Listener discretion is advised. I expected to be married for 50 years or more. I expected to take care of my husband his late years. In fact, that's what you do when you take wedding vows. For better, for worse, for richer or poorer, in sickness and health, till death do you part.
Starting point is 00:00:30 Well, his death happened. I didn't know what to do. Different people came on the case, different people left. You're just numb. You're just numb. I didn't really think it'd ever be solved. There are 120,000 unsolved murders in America. Each one is a cold case.
Starting point is 00:00:49 Only 1% are ever solved. This is one of those rare stories. It's an early winter's morning at 3.18 a.m. on February 16th, 1987. The residents of Everett, Washington are fast asleep. Temperatures hover in the 40s. Few would notice a hint of smoke in the otherwise clear sky. In these early morning hours, a police officer on routine patrol in Everett observes a glow in the area of Everett Community College. He looks on as he sees flames 40 feet high emanating from the campus.
Starting point is 00:01:50 Don T. Dodsworth, ATF Supervisory Special Agent and Certified Fire Investigator, recalls what happened next. The police officer responds to that location and observes a column of smoke and flame coming up through the roof of that structure, particularly in the area of the library. The officer requests the dispatch of the fire department. Bruce Hansen is the fire marshal on call that night. I got called in as the fire marshal on call to come and help assist. When I got there, the fire was raging. It was an infernal.
Starting point is 00:02:31 Basically, it was out of control. When the fire department arrives at the college, they make entry into the student union building, which is up in flames. Deputy Chief Sam Franchimone is one of the first firefighters to arrive on the scene. I was the first one in, and I could see an open-air atrium, and on the other side of that atrium, there was a lot of fire.
Starting point is 00:02:57 So we brought our lines in there and started working on the fire. Another one of the firefighters to enter the building alongside Sam is 48-year-old Gary Parks, the driver of Everett's engine number two. Gary was my buddy. He was trusted. He was knowledgeable. He always had your back. You could count on Gary. Gary could really do anything. Normally, Gary just stays with the fire engine, but on this occasion, he goes into the burning building.
Starting point is 00:03:32 We had been in there 10, 15 minutes. It was getting a lot more smoky. People die of smoke inhalation all the time. So the crew goes in with Scott air packs on so they're breathing compressed fresh air just like what scuba divers do when they're under the water. The packs though they're rated for 30 minutes usually in a working fire we'll go through that in 15 minutes. You go through it very very fast. I'd had no idea how long I was in there but I drew a breath and there was no air in my tank. And I realized this environment is a whole lot worse than I thought. They had a raging fire that all of a sudden
Starting point is 00:04:17 was just ballooned on them from where it was to where they are. As the firefighters work inside the burning building, conditions deteriorate rapidly. They're cut off by a wall of flames that roars behind them, blocking their retreat. It's now a life-or-death situation, as thick black smoke engulfs the brave men.
Starting point is 00:04:44 My first thought that came to me was my four-month-old son, John. And I thought, he's never going to know his dad. I remember him calling out for help. I saw a mask come out to my right. I brought it up to my face to take a breath of air. And I remember handing the mask back and that's when I saw that it was Gary Parks. And at that point I saw the hose line.
Starting point is 00:05:11 I grabbed that hose line because I knew that hose line was my lifeline out of that fire. I had to hold onto that line and to follow it. And I literally held on that hose line for dear life till I got out of that fire. They're struggling to breathe. It's hard for them to talk. Some of them almost didn't make it out
Starting point is 00:05:33 when we're crawling out the door. And they realized someone's missing. Gary was not there. Nearly an hour would pass before firefighters can re-enter the building. The fire has been contained by thousands of gallons of water sprayed from the fire truck. The firefighters finally find Gary. He lays motionless on the floor, his helmet by his side.
Starting point is 00:06:03 Despite exhaustive, life-saving efforts, Gary Parks is pronounced dead. His cause of death is smoke inhalation. At his own risk, he selflessly took off his mask and freely offered the very air that was sustaining him in that fire and held it out toward me. That's why Gary is a hero. Around three hours later, Gary's wife, Kathy Parks, is in bed when somebody walks up her driveway. I was asleep and somebody came up the driveway. I thought, well, that's strange. And I looked and said, Everett Police Department. And I thought, okay, what's going on? They said, I want you to come with us now. So I got into the car with the Everett Police Department, was an officer and a chaplain. Nobody talked to me the whole way.
Starting point is 00:06:50 I don't think they knew what to say. They stopped the car at Providence Hospital. I got out, and they came to me and said, I'm so sorry. That's how I found out that Gary had died. I went to the University of Washington, and when school was out, I took a job with House of Values and walked in the door, and there was Gary Parks. He could tell jokes. They were so funny that he'd keep you laughing.
Starting point is 00:07:20 I think that was probably what attracted me the most, is his happiness. And being able to make me happy. He asked me to marry him in a bowling alley. He said, if you don't have anything better to do, do you want to get married? So I said, sure. The newly married couple moved to Lake Stevens just outside Everett and began to raise a family. They have a little girl who they named Erin. I would describe my dad as excited about life. He was just a beautiful man inside and out. He was very active and athletic, just full of life. Oh, I wish I could hear his voice. What a good dad. Well I think maybe his love for sailing was second to his love for fishing. I worked to buy a sailboat. It was called the Catherine.
Starting point is 00:08:09 And that was the love for both of us. Gary and Kathy have a second daughter, Jennifer. He wasn't a very good fisherman, but he loved it. My mom used to catch more fish than him, but he loved the Catherine. I can't believe it. Solid oysters over there. Come on. He was probably the funniest person I ever met. He was an affectionate man, too. That's the kind of guy he was. Gary was well known in the Lake Stevens neighborhood the family called home. He taught the neighborhood kids how to play sports,
Starting point is 00:08:43 water ski, and snorkel. On the weekends, he would chauffeur kids to the local drive-in movie theater. It was in the growing metropolis of Everett that Gary finally found his calling. There's some people who are just born to help people, and he felt that would fulfill his whole life dream, becoming a firefighter. After 18 years of service, the flames that Gary spent his career valiantly fighting claim his life. His death sends shockwaves through the community of Everett, as recalled by Deputy Chief Gerard Irving. Culturally, firefighters are viewed as heroes. They're the ones that run into burning buildings to save lives.
Starting point is 00:09:28 The community lost one of their own, and so it had a huge ripple effect through the city of Everett. The Everett Fire Department launches an investigation into how the fire started. There was a lot to be done. And for this fire, because of the magnitude, they called in the Alcohol, Tobacco, and Firearms, also known as the ATF. So as a fire investigator, we're trained to approach the scene in a neutral manner,
Starting point is 00:09:53 and we want to basically have a holistic picture of the damage of the structure. What types of items have still survived versus what has been damaged or destroyed. In order to start to determine where we as investigators should start looking for the area of origin of the fire. It's very critical for us because the cause of that fire will be located within the area of origin. Slowly but surely, the site begins
Starting point is 00:10:25 to yield tangible clues. As investigators are processing the scene, they determine that the fire originated behind the library check-in area. Investigators find various papers, books, and academic materials strewn around the floor. They surmise that these materials were placed on the floor as a means to instigate
Starting point is 00:10:44 the fire as a first fuel. They ultimately determined that the fire was set intentionally. It was arson. The rule and the law in Washington state is if you set a fire, if you're the cause of the fire, and a firefighter dies in a fire, you're guilty of first degree murder. thicker, fuller, longer looking hair. And all their products are cruelty free and never contain parabens or hormones. The Grove Revitalizing Shampoo and Conditioner Kit works together to create visibly thicker hair and improve hair from the roots. Just massage the shampoo into your scalp for 60 seconds and then follow up with conditioner. I love my Vegamore products. I feel
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Starting point is 00:12:29 I'm Lola. And I'm Megan. And we're the hosts of Trust Me, cults, extreme belief, and manipulation. We both have childhood cult experiences. And we're here to debunk the myths about people who join them and show that anyone can be manipulated. Our past interviews include survivors and former members of the Manson family, NXIVM, MS-13, Teal Swan, Heaven's Gate, Children of God, and the Branch Davidians.
Starting point is 00:12:50 Join us every week as we help you spot the red flags. Get new episodes of Trust Me every Wednesday on Podcast One or wherever you get your podcasts. Everett Fire Department investigators and the Everett Police Department began to pursue the investigation of who could potentially be the suspects and ultimately who would actually be the criminal that set the fire. Three days later, fallen firefighter Gary Parks is memorialized in Everett's Marina. It's far from a private event.
Starting point is 00:13:28 I just remember looking around and just seeing a sea of people. It was a beautiful event, very touching because it was right where my mom and dad had moored their sailboat. It was a great celebration of his life, but a sad event for his death. As Gary is laid to rest, the investigation into his murder gains momentum. Detective Mike Atwood speaks with a security guard on duty the night of the fire. There were two security guards that were on the scene that night. There was one security guard, his name was Cameron Ackley. Cameron had noted that there was an open window in the cafeteria, which was the building that
Starting point is 00:14:10 had eventually caught fire. He didn't think anything of it at first, not until after the building went up in flames. And that became a concern that somebody probably got in through the window. The other security guard that came in at midnight was Fred Gorham. He was on duty at the guard shack. I like, I heard something. When I got up, it was just like flames were coming out. I ran out here. I looked.
Starting point is 00:14:37 I didn't know what to do. I was first thinking about running in there or something, but, you know, then I decided I ran back. I called 911. As investigators look into this, they discover that there is no record of a phone call ever being placed to the dispatch center or to 911. You have an individual who just basically misrepresented himself, didn't tell an accurate story. So he had some explaining to do. Security guards in some areas have been known to set fires before and then discover the fires to be a hero. During questioning, Gorham makes an admission.
Starting point is 00:15:16 They were able to determine that he was in fact asleep during the morning of the fire. He didn't want to get in trouble for not recognizing that the building of the fire. He didn't want to get in trouble for not recognizing that the building was on fire. Their investigation into him was pretty extensive. There was no motive for him, and ultimately we were able to rule him out as a suspect. The case begins to cool, and the months drag into years. The Park family are left to pick up the pieces of their lives and move on as best as possible.
Starting point is 00:16:00 But two years later, an encouraging new lead offers them fresh hope. There were three subjects that were all associated with one another, reportedly by numerous witnesses at the scene of the fire on the night of the fire. I'd qualify these kids as rough-and-tumble street kids. They already had somewhat of a criminal history, a criminal past. So in 1989, that was really kind of the focal point was the street kids and tracking down some of the rumors that were circulating around. One of the subjects that they interviewed says that he has information, but that he wasn't at the fire,
Starting point is 00:16:35 but he had what he called an astral projection, that he had this vision that he was hovering above the scene and looked down and saw a fair-haired blonde boy amongst a pile of books setting a fire with a wooden matchstick. And the books and paperwork was caught on fire. And that's the end of his vision. Something he says catches the detective's attention. His description of the blonde, bare-haired young man with a wooden matchstick, he basically was describing one of his friends, Elmer Nash.
Starting point is 00:17:14 Elmer Nash is a troubled 12-year-old boy. He's no stranger to police. Most of the police at the time really knew who Elmer was because he was in constant trouble. So as we focused on Elmer, we were able to essentially get a statement from Elmer that he was not involved. We were able to polygraph him
Starting point is 00:17:38 and determine if the information that he was providing was factual. He ultimately passed the polygraph. There was no sign of deception, and we as the Everett Police Department detectives determined, let's look elsewhere. This might not be our main suspect, so we need to keep digging. The years continue to trickle past,
Starting point is 00:18:01 and yet the case remains an enigma. In August of 1992 through February of 1993, there was a large series of fires that were occurring in the Seattle metro areas. Just 28 miles south of Everett, police realized they have a serial arsonist on the loose. Unfortunately, there were three elderly victims at a residential nursing home fire.
Starting point is 00:18:28 The fire investigators were actually able to speak with an eyewitness who was able to describe a very neatly dressed man who was clean-shaven. Once the sketch and the profile of this person were put out to the public, a brother and sister looked at it and they thought that this kind of looked like their brother, Paul Keller. They actually pulled some gas receipts from Paul's travels and they were able to determine looking at those fuel slips
Starting point is 00:18:59 that a lot of the places that he actually got fuel for his vehicle were very close to where these fires were set. The family notifies the police. They ultimately decide to place Paul Keller under arrest and bring him into police custody to be interviewed. Once seated, Keller is essentially told that it was over, that they knew he was the person setting the fires. Astonishingly, Keller breaks down and admits to setting 70 of these fires. When Gary's family hears about the arrest and confession, they believe that police might have also caught his killer. I was 100% convinced it was him. Paul Keller was of tremendous interest. Did he start the fire in 1987
Starting point is 00:19:52 that killed firefighter Gary Parks? Paul Keller did have an infatuation with firefighters in the fire department. He actually had police scanners, and he would listen to the activities going on within Everett and the surrounding areas. Eventually, he is convicted of the charges, and on August 28, 1993, Paul Keller is sentenced to 75 years in prison for the first-degree arson murder of the three elderly residents in Seattle's Four Freedoms retirement home. Investigators naturally set out to discover if Keller is also behind the fire that took Gary Park's life. Investigators began to look at Paul Keller as a
Starting point is 00:20:39 potential suspect due to the fact that the fire was set by an open flame to available combustibles, Paul Keller initially set these fires as some type of revenge from having a very overly controlling family. He really got excited by seeing the flames, seeing the firefighters responding, watching the fire ground activities. Investigators begin to build a case. They unearth a promising lead linking Keller to the college blaze. There were witnesses that said, oh, Paul Keller lived near the Everett Community College fires. Additionally, Paul was said to have been on video the night of the fire where they had a film crew that was videotaping the fire. And so we needed to try and get that film. But the case against Paul Keller begins to show cracks.
Starting point is 00:21:33 A lot of Paul Keller's fires were set on the exterior of a structure. The Everett Community College fire was actually set in the library. So the Everett Community College fire was determined not to fit within the general pattern of the fires set by Paul Keller. Investigators shift focus. They look for the video of Keller in the crowd. They also inquire about Keller's address at the time of the fire. Investigators were able to determine through speaking with this landlord that Paul Keller, in fact, did not reside at this residence at the time of the fire. In fact, he had lived there after the fire. Detectives were unable to find any video that had Paul Keller there. There was even one allegation that he was dressed as an ATF agent with a blue hard hat on.
Starting point is 00:22:30 That was disproven as well. The investigation really started slowing down. Years continue to slowly pass, and Gary's family grows despondent. Before they know it, it's been 10 years since the inferno took Gary's life. I just kind of gave up, you know. I thought, well, if it's going to get solved, it will, but you give up hope after a while. I'd go into the police department, you know, it was, can you give me some information, anything, but it was a dead end. Right after the 10-year anniversary, I spoke to one of the investigators and asking how the cold case was doing. And I remember just
Starting point is 00:23:13 seeing a three-ring binder on the table. This is it. This is the evidence. And I thought, are you kidding me right now? Years transform into decades, but Gary's family and the investigators refuse to give up. I think it really became a cold case after trying to track down the street kids, Elmer Nash passing a polygraph, Paul Keller potentially being a person of interest. All leads just kind of dried up. So in 2016, I came into investigations. Detective Atwood and I conversed about the Gary Parks case and really focused, let's close this case out. I had the flyer from Gary Parks. I had put his picture up on the corkboard as a remembrance, but also, let's not let this case go even colder. I had been a firefighter. I knew what it was like
Starting point is 00:24:07 to go into a building like that. And I just saw the emotional turmoil that Kathy Parks and her two daughters had been subjected to. It meant a lot to me to get a closure to it because that family deserved it. This was the first cold case that I was involved with. Never having done this before, we started from the beginning. Our game plan was anybody that was still viable left in this case, we needed to contact. I said, let's go. Close this case. Do anything you need to do to be able to professionally get a conviction and find out who really did this. I wanted to interview Paul Keller. I wanted to interview Elmer.
Starting point is 00:24:54 Paul Keller actually agreed to speak with me. Keller sticks to his statement that he did not set the college fire. This was one of the only cases that he didn't confess to and was always adamant that he wasn't involved. Detective Atwood shifts gears to suspect number two, Elmer Nash. The now 41-year-old petty criminal has no known address. But at the Snohomish County Jail, Detective Atwood gets a lucky break. Elmer Nash is standing at the counter. He had just gotten arrested and was being booked into the jail. I just threw caution to the wind and went for it. This show is sponsored by BetterHelp.
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Starting point is 00:26:45 Visit BetterHelp.com slash cold case today to get 10% off your first month. That's BetterHelp, H-E-L-P dot com slash cold case. I get a phone call from Detective Atwood at the jail. And he says, Lieutenant, I see Elmer Nash in here. Should I go interview him? And I said, there's no time like the present. Go for it. So I went up and talked to Elmer.
Starting point is 00:27:13 And I said, hey, do you mind coming back to the station? I'd love to talk about a case that I'm working. And the words came out of his mouth. He goes, oh, is this about the fire at the college? That blew me away a little bit. I said, well, as a matter of fact, it is. And he goes, uh, sure. So I tried to interview him. It was not successful. Right in the middle of a sentence, I'd look over at him. He'd be sound asleep. And I realized at that point he was probably under the influence of an opiate. And I said, we need to stop. Anything he tells me at this point, I'm not going to be able to use anyways.
Starting point is 00:27:48 Detective Atwood will have to wait until Nash is sober to question him. He returns Nash to the jail cell, concerned he's just lost his best shot at solving Gary's murder. Elmer's the type of guy where if you don't stay in contact, he could be gone and you won't see him for a month. I would have to track him,
Starting point is 00:28:09 and then I wasn't sure if he'd still want to talk by the time he got back out two days later. Went back to jail, recontacted him. He was still willing to talk to me. We had a rapport with one another. We're talking, and Detective Kowalczyk from Everett PD says, we can do a polygraph. Elmer says, yes. They get done.
Starting point is 00:28:29 Detective Kowalczyk comes out, and she goes, he failed miserably. So she tells him that he failed the test, and she starts in on the interview. He's almost horizontal in his chair. That's usually a sign where they're starting to give up. They're getting cooked right here, and they kind of hunker down in that seat.
Starting point is 00:28:53 Before long, a story slowly begins to form about the night the library caught fire. Elmer put himself on scene, said he was there as a lookout. He described himself as climbing through a window or a hatch. He gets himself to the point where he's starting to get involved in the fire, and I can't remember what the question was that was asked, but it either offended him or he felt wronged by the question, and he shot up in his seat and started arguing.
Starting point is 00:29:24 And I knew she was done at that point. I freak out a little bit myself. I settled everything down and got Elmer into a different room. We sit down, we talk. He continues to put himself on the scene. And I know I can start going at him a little harder now. And so I do. Detective Atwood pushes Nash for an answer to a question 30 years in the making.
Starting point is 00:29:52 Who started the fire that killed Gary Parks? Elmer puts himself that he may have fed fuel to the fire, but he didn't start it. He kept minimizing and then eventually said that he had started the fire but he didn't start it. He kept minimizing and then eventually said that he had started the fire. I was highly charged at the moment. I'm flowing and I asked him, how'd you start that fire? And he said, I used a wooden kitchen match.
Starting point is 00:30:17 And I almost fell out of my chair. I wasn't expecting that. I asked him why he started the fire and he said to cover up evidence. They were in the school trying to steal stuff. Detective Atwood isn't yet done. He wants a full confession, and he has a moment of inspiration. Detective Atwood texted me, bring me the picture.
Starting point is 00:30:42 On my corkboard in my office was a picture of Gary Parks from the memorial. I immediately walked it up, and I remember the door being slightly ajar with Elmer sitting in there. I reached in, and I handed him the picture. I grabbed the photo of Gary Parks, and I set it down in front of Elmer, and Elmer broke down,
Starting point is 00:31:01 and he literally told me to tell his daughters that I'm sorry. I started the fire, and I didn't mean for anybody to tell his daughters that I'm sorry. I started the fire and I didn't mean for anybody to get hurt. I sat there speechless. I remember feeling this elation that he finally admitted to what had what had occurred on the morning of February 16th, 1987. Their victory is short-lived. The very next day, I get a message, and as soon as I saw that it was from the jail,
Starting point is 00:31:32 I'm like, I know exactly what's about to happen. So I called the sergeant, and he said that Elmer wants to talk to you. I went over to the jail. Elmer was sitting in a waiting room for me. What did you want to tell me? I spoke to you about the community college, you know, fire and stuff like that.
Starting point is 00:31:49 And I had told you that, you know, I passed back in 1987 on polygraph test. Took another one and I failed for some reason. I don't know why. I didn't have any recollection of me being at the fire or anything like that. But I ended up telling you that I had something, you know, I ended up telling you I had something to do with it,
Starting point is 00:32:06 but I wanted to, I felt like I need, you know, I wanted to help you out, you know what I mean? But then I got to thinking about it, and I'm thinking, well, I can't remember anything. I really can't. I can't really remember nothing. I don't remember being there or even starting the fire. OK.
Starting point is 00:32:23 So you're saying after yesterday, you were recanting your statement? You didn't do it? Yeah. I remember being there and even starting the fire. OK. So you're saying after yesterday, you were recanting your statement? You didn't do it? Yeah. I'm thinking I am saying I'm thinking I didn't do it, that I didn't start the fire. Every interview about this case, he's put himself on scene,
Starting point is 00:32:38 and then he says, oh, I can't remember. Detective Atwood calls me, and he says, Elmer wants to recant what he said. And I said, yeah, he probably does want to recant because he realizes the magnitude of what he's in for now. It's murder. I had started reaching out to Kathy Parks after Detective Atwood was able to get the confession from Elmer Nash. And we sat down and we said, we have some good news for you. We want to tell you who started the Everett Community College fire. It has now been
Starting point is 00:33:10 30 years and three months since Gary's tragic death. Atwood and Irving got to mom's house and we had a very lengthy meeting where the two of them shared the story of the three 12-year-old boys that lit the fire to cover up a burglary. They knew who it was, but they didn't tell us a name. We didn't tell them the name because we were still trying to dot our I's and cross our T's. They told me who it was, and it was a shock. Said it was a young person. That was hard to take.
Starting point is 00:33:45 To learn that the fire was actually set by 12-year-old boys, one in particular, was really heartbreaking because my dad loved kids. I wanted to shout out to the world, we've got a case that's solved. We know who it is now. But I couldn't even broadcast that. It was, okay, you know,
Starting point is 00:34:06 but don't tell anyone. Okay, well, that doesn't help a lot. You got a suspect, you have a jailhouse confession, let's go. You know, what are you waiting for? Another two years pass by, but investigators are determined to seek justice for Gary. What I had for the case was a whole bunch of witnesses putting Elmer at the scene. I had Elmer's confession of putting himself at the scene. I had photographs of the scene, and I had the initial arson investigation report. We provided information to the prosecutor, and the response back to Detective Atwood was we'd have to make sure everything was going to, if we went to trial, that it would stand as if it happened today. So there was a tremendous amount of work and
Starting point is 00:34:56 that's ultimately where Detective Atwood was able to get Special Agent Don Doddsworth in and said, can you help me? What I was asked to do was to look at the I called Special Agent Don Doddsworth in and said, can you help me? What I was asked to do was to look at the fire with respect to how the scene was processed back in 1987. I was approaching it from the manner of being a truth seeker in order to determine the area of origin of the fire and ultimately the fire's cause. I looked at some type of electrical event or failure
Starting point is 00:35:26 next, any type of oily rags perhaps spontaneously combusting and starting the fire. Was there smoking within the library or any types of candles being left burning? I started to look at the potential for an intentionally set fire. The way books and academic materials were strewn throughout the floor within the area of origin, that was not natural. And while I was speaking with the librarians, they advised me that it was cold and nobody would have left a window open.
Starting point is 00:35:58 Also looking at the partial confession by Elmer Nash, so the context of everything fit together perfectly, almost like a glove. Senior Special Agent Dodsworth finally finishes her report on the cause of the Everett Community College fire. She reaches the conclusion that it was a deliberate act by human hands,
Starting point is 00:36:23 which resulted in an incendiary or intentionally set fire. She reaches the conclusion that it was a deliberate act by human hands, which resulted in an incendiary or intentionally set fire. Senior Special Agent Dodsworth passes her report to the Everett Police and the prosecutor's office so that they can finally proceed with the criminal case. Detective Atwood was able to submit a super form, which was a form that says Elmer Nash is charged with arson, burglary, and murder in the first degree. I did get a call from Irving and he said they're going forward with the case. They're going to actually have a trial and they're going to convict Elmer Nash.
Starting point is 00:37:08 As the prosecutor's office prepares for trial in March 2021, they receive some unexpected news. We find out that Elmer Nash is going to accept the plea agreement, that he is going to go before the judge. And we just couldn't believe it. We're like, oh, this is awesome. Elmer Nash is released on his own recognizance as he awaits sentencing. The plea means that Nash will likely serve less than three years in prison. Gary's family is distraught at the lenient sentence Nash is facing. What kind of crap is that?
Starting point is 00:37:46 I googled murder one, and the minimum sentence was 10 years. That's the minimum sentence. But this crime was committed when Elmer was 12 years old, so they had to charge him based on his age at the time of the crime. So May 2021 is the sentencing hearing for Elmer Nash. This is a big deal. There are over a hundred firefighters showing up, past and present, for this hearing,
Starting point is 00:38:16 except we were missing one thing. Elmer Nash was absent. People came from all over the country for this hearing, and he doesn't show. I recall his defense attorney in the hallway, stressed, didn't know where Elmer was. It was 2.30, no sign of him. 3 o'clock, no sign of him.
Starting point is 00:38:46 And finally, the judge says, I'm issuing a warrant for Elmer Nash. At the time, I was working with the U.S. Marshal Task Force. They immediately go into work mode, and they start typing up a murder warrant for the rest of Elmer. Kathy was upset. I told her, without a doubt, I don't care where he is. He's not far enough away for me to go find him. We started working on it with my U.S. Marshal Task Force team
Starting point is 00:39:12 at about five in the morning. It was beyond belief that Elmer Nash never showed up for the sentencing. They were calling phone numbers. They were trying to find him. We were hopeful that we were able to find him before the next sentencing hearing, which was scheduled a week later. U.S. Marshals receive a tip the same day that Nash may be hiding out 40 miles away in Kent, Washington. We found him about an hour south of Everett in the back of a motorhome.
Starting point is 00:39:43 He looked like he'd been up for a week, and he was. He was out getting high. He felt bad because he had to face us. There will be no release for Nash this time. On May 11, 2021, he finally shuffles into court. At the second sentencing hearing, he was admonished by the judge severely for not abiding by his wishes and showing up.
Starting point is 00:40:12 Elmer was up at the podium and just sobbing, telling the family, I'm so sorry. I'm so sorry for what I did. I did not mean to do this. I'm so sorry for the loss of your husband, the loss of your husband, the loss of your father." We saw this grown man that was as if he was 12 years old trying to apologize to everybody in the courtroom.
Starting point is 00:40:33 It was about as real as you can get. It was tough to watch. Aaron, Jen, Kathy had the opportunity to read a letter to the court, and they asked for exceptional sentencing. The judge went through a litany of concerns that he had with Omer. The plea agreement was for two, two and a half years. He got 10 years for the crime he committed.
Starting point is 00:40:57 He killed my dad. I was glad he got 10 years. I think by screwing up, he did us a favor. In addition to the 10-year sentence, Nash is ordered to community custody for the rest of his life following his release. In handing down the sentence, Judge David Kurtz says, Today the court is sentencing a grown man who sadly appears to have not fully grown up. He also describes Gary as a hero. Elmer took a hit for what he did.
Starting point is 00:41:31 I honestly don't think that Elmer was alone that night, but I think he's a loyal guy, but he also took the hit for what he had done. Across the courtroom, Kathy spots a woman sitting alone. It is Elmer Nash's mother. I just got overwhelmed with a feeling that I had to touch her. I just had to go see her. She had a real struggle in life, nor the sympathy or the help she needed. I'm so mad at him for putting her through that. It was a 10-minute hug at least, and we just melted into each other. It was wonderful. I pray for her. I love her.
Starting point is 00:42:07 That's maybe where my forgiveness is. I hope that everyone remembers that Gary was a wonderful father, a wonderful loving husband, a very good supporting friend. It's a big loss to lose somebody as devoted to his family and devoted to his community. It's a big loss. The college has done a remarkable job of remembering my dad. Everything from naming a beautiful building after him to commissioning that beautiful sculpture with a helmet and the jacket. I've also helped keep his memory alive by helping spearhead the scholarship that supports people that are interested in getting into fire science in my dad's name. Today, Gary's memory lives on with a scholarship for future firefighters, which is aptly named after him. It had taken 12,456 days, but finally, justice had been served. He touched so many lives.
Starting point is 00:43:08 My dad was a hero. He still is a hero. Cold Case Files is hosted by Paula Barrows. It's produced by the Law and Crime Network and written by Eileen McFarlane and Emily G. Thompson. Our composer is Blake Maples. For A&E, our senior producer
Starting point is 00:43:31 is John Thrasher and our supervising producer is McKamey Lynn. Our executive producers are Jesse Katz, Maite Cueva, and Peter Tarshis. This podcast is based on
Starting point is 00:43:44 A&E's Emmy winning TV series, Cold Case Files. For more Cold Case Files, visit aetv.com. To be continued... Mary, or Idris Elba and Gabrielle Union in the Tyler Perry directed film Daddy's Little Girls. Plus, Pluto TV has hundreds of channels with thousands more movies and TV shows, available on live and on demand. Download the free Pluto TV app on all your favorite devices and start streaming now. Pluto TV. Drop in.
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