Cold Case Files - Dead West: Thou Shall Not Kill

Episode Date: October 28, 2025

When a Christian ranch hand, Dan Lavigne, 52, is shot dead on his porch in Montana, 2002, deputies find no shortage of suspects. What follows is an 8-year quest for justice that stretches across three states before police finally unmask Dan’s killer.Happy Mammoth: Go to HappyMammoth.com and get 15% off your first order with code COLDCASE at checkout!!Homes.com: We’ve done your homework.Jones Road: Head to Jonesroadbeauty.com and use code Coldcase at checkout to get a free Cool Gloss on your first purchase!See Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info.

Hi, Cold Case listeners. I'm Marissa Pinson. And if you're enjoying this show, I just want to remind you that episodes of Cold Case files as well as the A&E Classic Podcasts, I Survived, American Justice, and City Confidential, are all available ad-free on the new A&E Crime and Investigation Channel on Apple Podcasts and Apple Plus for just $4.99 a month or $39.99 a year. And now on to the show. This program contains subject matter that may be disturbing to some listeners. Listener discretion is advised. My brother Daniel loved the outdoors, especially in Montana. Daniel had been murdered. Who would kill my brother? And for what reason? My uncle was shot point blank. In Rappell J. Montana, they couldn't believe it.

He was reading the Bible at the time that his killer came. I was looking for any type of lead. We were very frustrated. We had a dead spot. I was going to do anything humanly possible to find a killer. We were not going to let it go. I was scared of death of him, the fear that he would kill my family and everyone that I've ever even known.

I had faith. Justice would be found. They will find him. They will find the man who did this. There are over 100,000 cold cases in America. Only about 1% are ever solved. This is one of those rare stories. Cliff Brofey is the former sheriff of Stillwater County.

Montana is a real unique country. It's filled with mountains and prairies. Stillwater County is very rural. Big sky country is unique. Clear, blue, open skies. At night, you can see. see a lot of stars for miles and miles. You don't have a lot of city lights that

blur out those stars. Most of the towns have just a few hundred people in them. And a lot of those are ranchers that live out in secluded areas on those ranches. A lot of people will come out to the Montana area because there's not a lot of restrictions and rules. So there's a lot of freedom out in these areas. Along with that comes a lot of responsibility

for being self-reliant. and being able to protect yourself and fend for yourself. It's May 13, 2002. The sun is setting on the mountains that surround Montana's Stillwater County. The Sheriff's Office in Columbus, Montana gets a report of an emergency at a hog farm near the small town of Rappell Jay.

An employee named Sherry Westbrook calls it in from her house not far away. Woody Clanch is a former investigator for the Stillwater County Sheriff's Office. On May 13th, 2002, at about 7 in the evening, I received a radio call from dispatch concerning a man that was down and deceased at a hog farm to the west of Rappell J.

Rappell J just sits out in the middle of an open prairie. There's nothing else. I drove to the scene as quickly as I could. I didn't know what I was going into. I didn't know if it was going to be a crime scene. My arrival on scene was at about 7.20. in the evening. It was still light outside, although it was beginning to become twilight. There was a man down on the porch. I got out of my patrol car, scanning the area. As I got

close to him, it was apparent to me that he was dead. There was a large blood trail flowing from his head, and I could see blood settling in his lower extremities. I didn't think that he had been down and deceased for a terribly long time. One of his feet was hooked into the screen door and the front door to the house was open. I noticed that there were what appeared to be three spent 38 caliber shell casings on the ground near his head. I believe this incident to have been a homicide. It's real rare that you'll have a violent crime like a homicide in Rappelchay, but almost everybody has a firearm.

As I entered the home, I was extremely concerned because I didn't know what I was going to find. I had my duty weapon out. I cleared the house quickly scanning through the home. On the stove was a pan of hot dogs and beans cooking. My initial impression was that there was too much food in that pan for one person to eat. That indicated to me that possibly he was going to have some company. I came out of the residence and quickly checked several hog buildings. There was nobody in the area.

Dawn and Court Herzog arrived, and they owned the ranch in that residence. I learned that the man that was down and dead, his name was Daniel Levine. He was a hog farm employee, and he lived in that residence that he was laying in front of. Dan Levine grew up in farm country in Massachusetts. and worked on farms when he was young. Alice Evangelista is Dan's sister. Daniel loved the outdoors, especially in Montana because of the big open spaces.

It brought him peace and joy. Living in Massachusetts growing up, there's a 12-year age gap between Daniel and I. Dad died when I was 10, so Daniel would have been 22, even though he was that much older than me and not home all the time. Daniel and I were extremely close. I used to watch him in the kitchen

in our old house where I grew up. He'd be in that kitchen, dancing, Elvis, trying to dance, just like, try to sound like him, but he didn't. You know, but he could move like him. Music was Daniel's love. He loved music. He was always making me sing.

Sing this for me, sing that for me. Rachel Toolee is Dan's niece. My uncle Dan was a, he was a kick in the pants and just loved family, loved us kids. He was very just fun-loving. He was quite the ladies, man. The women liked him a lot. I remember quite a few women that he thought,

oh, could be the one, could be another one, wasn't. He used to tell me all the time, all I want is a kid, I want a family. He was looking for a different start. but he was still, I think, battling some demons that kind of held him up a little bit. And he was a little bit of a drinker. He was still this fun-loving, crazy guy, you know, but it was a problem.

My brother, Daniel, followed us out here to Montana. I would say that Daniel was feeling pretty lost. My uncle had met some people in his. his life through church that could help him. And eventually, he stopped drinking. He made the choice to be baptized. And he chose to be baptized naturally. Daniel always has to be dramatic and different.

He wanted to be baptized in the Yellowstone River. And it was a really great moment. My uncle Dan trying to turn around in his life and make changes in his life. And then those opportunities were just taken, just completely taken. He was murdered. After I had cleared the house and the hogpins that were near the home,

I radioed in for help from other officers. Sherry Westbrook, who was the person who had made the original 911 call, returned to the crime scene. With her was a man named Richard Edwards. I spoke to Sherry, but she was extremely hyperventilating and she was literally freaking out. I spoke with Richard, and I told him that I would get up with him the next day for interviews of both he and Sherry. When I arrived at the location, that was quite a shock. A horrific crime just occurred.

There's a time crunch to determine who was responsible for that. this, apprehend them, stop them before they kill someone else. This was a homicide, and we had an unknown killer in the area. It was time to go to work to identify that killer. You want to contact any family members that may be in the area. It's never easy. I was at work in Billings. Woody proceeded to tell me, your brother Daniel was shot.

We don't know who did. it, sorry for your loss and everything. And I was like, this just doesn't sound right. What are you talking about? Not Daniel. Marlowe Prinovost is the editor of the Stillwater County News. One thing about Daniel, most of Stillwater County would have never even known him, known his name had this not happened. But by his tragic death, we all came to know him. The next morning, Sergeant Klaunch goes out to interview Sherry, the 911 caller, and her boyfriend Richard at the Herzog Hog Farm. They are employees who live in a company house.

Richard and Sherry seemed to be forthcoming. Sherry said that she had worked with Dan Levine for several months, helping the sows give birth to the piglets. This will be a recorded interview I obtained from Richard Edwards on May 14th at his residence, approximately 9 a.m. and that's west of the crime scene. Take your name for me, please, sir. Richard Edwards.

Let me ask you this. Were you and Dan friends? Yeah. I had, you know, general problems. And you worked together for the Herzogs? Yes. How do you think he was feeling mentally? Was he happy and not be, or was he sad or depressed?

Every time I've seen him, he was happy. Happy? I mean, he was just happy to go looking. I observed Richard to be. real low-key, I took him at his word because he appeared to be fairly open with me. Sherry seemed to be a lot calmer the next day than when I had spoken to her on the prior night. Let's go back to Monday. I told Richard that I would run out to people, little piggies, real quick.

How was that? Oh, about 7 o'clock. And I seen them laying out there, and I just thought that he had. you know, been drunk and had passed out. All right now, I know this is upsetting for you. Just take your time, try not to be upset. At first, as I got closer, I could tell that something was wrong because, I mean, he was just all, you know,

just purple-looking. Just color. Yeah. All around, he was just, the blood was, you know, and, uh... You're doing good. Yeah, I just turn around, and I run back to the truck, and I call him 911. With Sherry's reaction the night she made the call, Sergeant Clotch wonders if there might be something deeper

between her and Dan Levine. That gave me the thought of a possible affair-type situation between the two of them, so I needed to explore that immediately. Were you ever alone together at all? I always was taking care of the Navypin. Do you feel that Dan ever came on to you sexually at all? Do you ever make a pass at you?

I thought that I could tell. I think you can tell. Okay. I took rid of word. Daniel Levine's autopsy is conducted in the nearby city of Billings, Montana. The forensic examiner's report came back and stated that Levine had been killed by a single gunshot wound at the head. The shot had been fired from between 18 to 24 inches away from Levine's head.

That would indicate that Levine had known the person. who has shot him. A week after his murder, the local church holds a memorial for Daniel Levine. This picture was used for his memorial. We blew it up to a very large size. But he looked good in pink. He looked good with his hair turning gray.

The day of his funeral, his memorial. We sang for him. My aunt and my mother, they were very much into their faith. and they had the church's encouragement and hope that they will find him. They will find the man who did this. The sheriff's office questions the owners of the hog farm, the Herzogs. They reveal an incident that immediately grabs the detective's attention.

Dawn and Court Herzog mentioned a man named Sean to me. There had been some type of an argument between he and Levine. Sean had worked at the ranch for about a week. week and then didn't show up. Sean arranged to come out and pick up his belongings and his paycheck. There had been a problem between Sean and Dan Levine over some of those belongings. Sean had threatened to shoot Levine. It was clear to me that I was going to have to run Sean down and speak to him at length.

Sean had threatened Daniel Levine. Obviously that become very critical. It was imperative that we get him in. just as quick as we could. Essentially, Sean had told Dan that you haven't seen the last of me yet. You know, for years, I thought more makeup meant better makeup. I'd have five different products going on at once and somehow still end up looking like I was wearing something on top of my skin

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After you purchase, they'll ask you where you heard about them. Please support our show and tell them cold case sent you. Homes.com knows that when it comes to home shopping, it's never just about the house or condo. It's about the home. And what makes a home is more than just the house or property. It's the location and neighborhood. If you have kids, it's also schools, nearby parks, and transportation options.

That's why Homes.com goes above and beyond to bring home shoppers the in-depth information they need to find the right home. And when I say in-depth, I'm talking deep. Each listing features comprehensive information about the neighborhood complete with a video guide. They also have details about local schools with test scores, state rankings, and student-to-teacher ratio. They even have an agent directory with the sales history of each agent. So when it comes to finding a home, not just a house, this is everything you need to know all in one place. Homes.com. We've done your homework. The man named Sean that had been an employee at the ranch

was a likely suspect in the killing of Levine. He could be involved in other crimes we were unaware of. We were having a hard time locating Sean. He was bouncing around and sleeping at a bunch of different places. It takes some digging, but the sheriff's office chases down Sean and brings him in. We were able to locate Sean through his former girlfriend. He didn't really want to cooperate with law enforcement about anything. Sean was flashing some gang signs and coming on like he was a hard case.

Are you the rest of him? No. I don't understand this. I'm not trying to hide from nobody. And yet, I've been picked eyes of being a suspect to murder some of me. I don't understand that. Our point at that point in time was to keep him talking to see if we could find out. out what he knew about Dan Levine.

You got an attitude. I'm investigating a homicide. So you can set here, you can have an attitude all you want. I'm not my attitude, but just get on with it. Okay. Wish you could stand up, but I like that. That's not awkward, man. Do you think that this is a serious situation?

Well, obviously, we had someone died, and I am suspect of it. You know, it's got to be serious. Okay. Did you make any threats or something? in these friendships, you can go kick his blood, or anything like that. I had nothing to be too bad at all on my life. I swear to you, I had nothing to be concerned.

Sean provides an alibi for the day Daniel was murdered that police quickly check. Sean was out of state during the time of the murder, so we were able to show that he was not responsible for him. With resources stretched thin in a county of 1,800 square miles, Sheriff Brofee requests support from the Montana Criminal Investigations Division. Veteran agent Glenn Knutzen is assigned to the Stillwater team. Canootson arrived on the 15th of May, I believe, and I was assigned to partner with him. I thought that was a very good idea.

Sergeant Clanch and his new partner go out to speak to Sherry, the 911 caller, and Richard, her boyfriend, a few weeks later. On arriving there, we learned that Richard and Sherry have quit their jobs. and left the area. We were very concerned and frustrated. Are we missing something? Why are they leaving? Is it a legitimate reason or is it something else? We were going to have to run them down and find their location.

While detectives try to track down the ranch hand couple who suddenly vanished, Daniel's sister Alice returns to his house in the middle of the vast Montana prairie. It's remained untouched since deputies finished processing the crime scene. On the stove was the food he was cooking at the time he was killed. And then Daniel had to have been reading his Bible because it was opened on the kitchen table at the time. The last thing that sticks in my memory was the fingerprint dust on everything, including his Bible, just absolutely everywhere in the entire house. It just, like, kind of shocked us, you know. That was like a reality check, seeing that, that this was real.

We didn't really go through a whole lot. We just packed it up because it was hot in there. We wanted to get out. And no alcohol in the house, no drugs, no cigarettes. He had quit it all, all of it. He had finally found freedom. Enjoy. It's now March 31, 2003, 10 months after Dan's murder.

After months of searching and with the couple still missing, the case goes cold. A case going cold is when we've run out of Leeds, we've done all of the investigation that we can. There are no more witnesses to interview and no more tips are coming in. But in this case, we had officers that just were not going to give up on it. And we were going to keep after it until we come up with the facts and the truth of this case. I was going to do anything that I could do humanly possible to find evidence. I was going to need to locate Richard and Sherry to try and obtain another interview from them. I went to the post office in Rappell J. Montana.

The postmistress there was able to give me a forwarding address for Richard and Sherry for licking Missouri. Committed to solving Dan Levine's murder, the investigators head to Missouri to keep the case alive. We arrived in Missouri on March 31st of 2003. We drove to their house, and we knocked on the door there, and Sherry, she seemed really surprised to see us, and Richard seemed to be tense about seeing us there. Sherry went over her story, and it had pretty much stayed the same. Also, during this interview, we had learned that Richard and Sherry

had married, Richard asked for an attorney and the interview was terminated at that point in time. We were disappointed. It was mildly upsetting to travel all that way and not find anything solid that could further the investigation. But the sheriff's visit shakes things up. Just two weeks later, on April 17, 2003, an unexpected tip comes in from one of Sherry's in-laws in Missouri. After our contact with Richard and Sherry in Missouri, we received information that Sherry's relative, Ricky, had heard Richard say that he had killed someone. Ricky Sims had given a statement to one of the Missouri officers

about Richard Edwards shooting Levine in the head with a 357. Ricky Sims is one of Richard Edwards' best friends. He is married to Billy Joe Sims, who is sister to Sherry Edwards. Richard told him that he dropped his 357 revolver down into the hog pens on the Herzog ranch. The fact that he may have dropped it into the hog manure tank would make a lot of sense.

It's very difficult to access that. Lethal if you go in there without breathing apparatuses. The information from Ricky was plausible based on information that he had that was not. released to the public. Richard Edwards had asked for an attorney, so we couldn't go back to Missouri again and confront him. We needed to find physical evidence to support Ricky Sims' statement. If we could find a murder weapon, that would allow us to make an arrest. It became critical that we searched for that firearm. On June 12, 2003, one year after Dan's murder, investigators searched

the Herzog septic pits. To have searchers go down in there, hog manure is some of the nastiest smelling stuff that you could ever, ever go around. It just, it really, really works on your senses. What needs the water? It's not, there ain't no water in there. Most of it here is in the feed. There's stuff that hogs don't digest and it doesn't dissolve, and that's what most of that is.

I'd never imagine something like this in my water. wildest dreams. There was one open-air pit that was completely accessible by ladders. Knudson and I made large rakes where we could scrape through the pit and search through the weapon. The odor was horrific. Later, we learned online that there's toxic gases in the waste from the hogs and that if one of those bubbles had burst, essentially it probably would have killed one or both of us right away. But we were totally committed and we were going to do whatever it took to find that evidence. When the open pit produces nothing of evidentiary value, the detectives go into the hog barns,

where most of the waste pits are located. Some of the hog pens would be like 100 feet long, so there was a lot of area to search up there, and multiple ones. After two or three days of this, it's extremely painstaking. This wasn't really cutting it. The sheriff's office brings in a device called Ground Appeneture, to help with the search. Ground penetrating radar is a radar wave that shot into the ground

and bounces off of specific objects. You could search the pits from up above the waist, which would be a lot safer. One particular item was in a buried septic tank. I was really excited because it had the shape of a firearm. To see an object like this discovered, It really looked like a handgun. We were very determined to get to that,

to recover that object, and see what we had. I thought, oh my gosh, we found it. We had to dive team enter into that vault to retrieve the object. I and everybody else was pretty excited. They dug it up, and it ended up being a crescent wrench, which was somewhat disappointing. Woody and Agent Canoeson were unable to. locate anything that resembled a firearm.

We were still focused on Richard, even though we didn't find the murder weapon. We spent a lot of time working with authorities in Missouri, Texas, just to keep the word out there that we were still focusing on this case, and we were not going to let it go. As the years pass, Sergeant Clunge stays in contact with Dan Levine's family, who live about an hour away in neighboring Yellowstone County. I received some letters from Woody over the years. It wasn't always every year.

It was always around the anniversary. And those letters meant a lot to me because it showed me that he never stopped, never gave up. Me and my kids, we didn't talk about it a whole lot. But my kids and I, we would go down to the river where he was baptized and, you know, visit with him, I guess you could say. I always felt that Daniel's killer would probably be found at some point. But it's not something that I dwelled on

because I had faith that the person would be brought to judgment one way or the other. Justice would be found one way or the other. But there was that gap in time where it was like we hit a dead spot. No word of anything, no clue or whatever. whatnot. It was definitely frustrating. Down the road a few years, on July 10th of 2008, I spoke to a Missouri probation and parole officer about Richard Edwards that Richard had transferred his residency to Texas. That kind of surprised me. Sherry Edwards appeared to still be living in the licking Missouri area. When I found out,

I thought it's possible for us to go and re-interview Sherry again. Many people are victimized by their spouses. I thought that Sherry was probably totally intimidated by Richard and had been bullied and browbeaten. April 21st at 2009, Woody and Agent Knutson made a second trip to Missouri to make contact with Sherry. I didn't know how Sherry was going to react. All you can do in that situation,

situation is try. He went to the door. Dan opened the door. I was screened at him, and there was nothing I could do. I was in the truck. There it is. Sherry expressed right there. She said that she was an eyewitness to the killing of Dan Levine.

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Hi, I'm Julia Cowley, a retired FBI profiler and host of the true crime podcast, The Consult, Real FBI Profilers. If you're fascinated with true crime and criminal profiling, then join us as we discuss real cases and examine the behavior exhibited before, during, and after the commission of the crime. You can listen to the consult wherever you get your podcasts. it's as close as it gets to being in the room with the FBI's behavioral analysis unit. We arranged to do another interview with Sherry. When Knudsen and I met with her, she was shaking, and you could tell she was scared. We asked, one of the detectives we were working with, he knew the Licking Missouri area well, and in fact, he knew Sherry, to sit in on the interview as a witness to support.

Sherry in an effort to make her feel a little bit more comfortable. It's April 23rd, 2009, nearly seven years after Dan's murder. Would you please state your full name? Sherry and Murray, Edwards. You have a relationship with Richard? Yeah. Richard has three personalities. I mean, the first one is really sweet, a really great guy.

The second one is, you know, he's all right, but the third one is psychos. he's psychotic. Then Sherry says something that leaves investigators stunned. Sherry told us that on the day of the murder, Richard Edwards had told her that he had killed Levine. He shot the man and they came home and told me what he had done

and that he took me up there and I see him lying there. I was scared of death of him the fear that he would kill my family and everyone that I've ever even known. Sherry, Sherry, I want you to know. Especially after this, we're considering you a victim in this round. If we do this, then I want you to guarantee me that you get him before he gets up there. Because if he even has any indication that you guys are coming after, he's going to come up there and he's going to come up there and he's going to be.

Eventually, Sherry broke down in tears. I think you have information you're with holding. At this point, the only option you have, the only hope you have, is the law enforcement will put together a case on him that will send him away for a long, long, long time. And with his history, I think that's probably a reality. Look at me, Sherry. I want you to be honest with me, okay? I know you're so ready, you are so, so ready to move on with your life.

We're not going to stop until we get to the truth. The truth, Sherry. He went to the door. Dan opened the door. Dan was standing in the door with the dog And he had a plate of food in the sand And he said Then I want to shoot you in the head

And Dan just laughed and said You know what you gotta do I don't just talk around the head And turned around a lot back to the truck And that was something I could do Were you with? I was in the truck Did you walk up for the house?

I was in the truck I could hear him And I was screamed at him Sherry, Sherry, look at me, would you just... You're not going to jail. When I said that I looked at you as a victim as much as Dan, I meant it. There it is. Sherry expressed right there she said that she was an eyewitness to the killing of Dan Levine. Sherry's statement was a huge turning point in this case.

She gave us information where she was a firsthand, witness to this. A lot of her statement matched the evidence. It was credible. This is what broke the case open and allowed us to charge Richard Edwards with deliberate homicide. With Sherry's testimony, the evidence, we asked for a warrant of arrest for Richard Edwards for homicide. We were going to bind Richard Edwards and make an arrest. Four days after Sherry's interview, police get a surprising stroke of luck. On April 27, 2009, he was stopped for speeding in Texas by a rookie Texas Highway patrolman.

The patrolman ran Richard Edwards' vital statistics through dispatch and learned that there was a valid arrest warrant in place for him. Richard Edwards was arrested at that point in time. And his reported comment to the patrolman was, I thought this shit was over with. I called and notified the family. Alice Evangelistic was elated, and she, if I recall correctly, she said, I'm glad you got the son of a bitch. I do remember asking Woody, so where do we go from here?

Well, there'll be a trial of his peers because he's claiming he's not guilty. There was definitely excitement and that finally moment. Sergeant Clonj brings Richard Edwards back to Stillwater County to stand trial for the murder of Dan Levine. I think that the community was glad and relieved that it was someone from the outside that had been arrested and not one of us, so to speak. Richard Edwards was tried in Stewater County District Court in 2010. That was approximately eight years after Daniel Levine had been killed. So it was a big deal. There were four defense attorneys, two prosecutors, and a lot of people in the gallery.

Sherry's story was immediately believable. It was obvious that she was still terrified of this man still. She was just very blunt. He said he was going to kill me, kill my family, kill my children, and burn my grandmother's house down. It was a four-day trial. Jury deliberated, I believe, about six hours before returning guilty verdicts on all three charges. Richard Edwards was found guilty of deliberate homicide

and guilty of tampering with physical evidence. He was sentenced to 110 years at Montana State Prison. I felt the sentencing was just... No clear motive for the killing has ever been established, but a chilling explanation has come from Sherry Edwards. Sherry stated that Richard had told her that he wanted to see what it was like to kill a man. that's that's foreign to me and I don't understand it

Richard Edwards just wanted to see what it was like to murder someone else and ended the life of an individual that just wanted to work and be left alone during the sentencing hearing Daniel's sister Alice gets the chance to face his killer May 17th they allowed me to sit in the witness chair and speak to him and he was looking at me. He didn't look away.

And I told him that I forgave him. Forgiving someone doesn't mean you can't be angry with them or that you're going to forget what they did. My forgiving Richard Edwards is also part of what being a Christian is. It's part of our faith because in God's word it says, If you cannot forgive your brother, I cannot forgive you. God requires us to forgive, no matter the transgression. So my forgiving him may have brought him peace, but it brought me closer to God.

I always feel like he's watching over me. I still talk to Daniel. I totally believe I'm going to see my brother again someday. I'm pretty sure he's up there singing songs, and he sounds good this time. This October, fear is free on Pluto TV. With horror movie collections from paranormal activity, The Ring. You will die in seven days. Scream.

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