Cold Case Files - DNA SPEAKS: A Fatal Path

Episode Date: October 8, 2024

When 14-year-old Nacole Smith is brutally murdered in 1995 on a wooded path in Atlanta, the police and community rally around her mother as she seeks justice. Decades and a second brutal assault later investigators finally reveal Nacole's killer. Progressive - Progressive.com  SimpliSafe - Right now, get 20% off any new SimpliSafe system with Fast Protect Monitoring at SimpliSafe.com/COLDCASE There’s No Safe Like SimpliSafe 

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 Podcast, 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 disturbing accounts of violence and sexual assault. Listener discretion is advised. There are over 100,000 cold cases in America. Only 1% are ever solved. This is one of those rare stories. It's June 7, 1995. Aquanelia Smith lives in Atlanta, Georgia with her three daughters. We lived in Landrum Arms Apartments. It's off of Camelton Road. It wasn't a very safe neighborhood, but I was a single parent. I was always told, it ain't where you live, it's how you live.

I have three kids, including Nicole. I have an older daughter, Nikita, a younger son, Aubrey. My whole life was my kids. I lived for them. Nicole tutored the kids in the neighborhood. She loved taking care of kids. Nicole, she wanted to be a pediatrician. She was graduating from middle school, going into high school. This is Cassandra Boulding, Nicole Smith's best friend.

Nicole wanted to be a majorette, and the majorette are the twirlers. Friday night lights, so everyone would get together and the majorettes would be out front and center. My sister was on the majorette team. So when Nikita comes home, she says, she don't have the rhythm. She'll never make it. So Nicole, when she was reaching for something,

she went for it. She made the majorette team. Nicole and I were eighth grade students, and it was the last week of school, so very much looking forward to high school life. That morning, I told her, Nicole, do not put your hair in a ponytail, because she had lots of hair.

And all she wanted to do was just brush it back and put it in a ponytail. She looked at me, she said, Ma, you're so crazy, but I love you. And Nicole and Nikita, they got dressed and they left out. 14-year-old Nicole and her 16-year-old sister Nikita head to school. About 9.20, I heard these gunshots. My head began to hurt.

Couldn't understand why. It just wouldn't stop hurting. Dispatch sends Officer Reginald Boone to hurt. Couldn't understand why. It just wouldn't stop hurting. Dispatch sends Officer Reginald Boone to investigate. I received the call of a person who was down in the woods that needed medical attention. I thought it was somebody who probably had gotten drunk and had a few too many and was laying out in the woods. As I approached the scene, I noticed a backpack. I saw clothing and the body of a young girl. She was partially clothed. I could see a wound in the back of her head, and I knew she was gone.

Former Atlanta Police Department detective Vince Velasquez takes up the case. So homicide detectives arrive, and they see a very young teenage girl. She's laying on her back. This young girl shot twice, two times to the face. These wounds are close contact. They know right away this was an execution and the way she's positioned. It has all the appearances of a sexual assault. What kind of person does that? Who puts a gun to a child's face and just executes her? The detectives knew they were dealing with a monster. Investigators found two 9mm shell casings

and they found a projectile close to where this young girl was found. They can clearly see a pattern on the bottom of her victim's shoes. But what was more interesting is, intermixed with those impressions that they felt belonged to this young girl were other shoe impressions. What they were able to determine was these other shoe impressions were from a brand of sneaker called K-Swiss. In 1995, it was a very popular sneaker worn by a lot of young people.

Detectives then take a closer look at the red backpack found near the body. Investigators actually find her school ID. They have an address. She literally lives just 50 yards away from when she was killed. She's 14 years old. Her name is Nicole Smith. Two officers knocked on my door. They asked me, did I have a daughter by the name of Nicole Smith?

And I was like, yes. And they said, we found a body in the woods. And he said, we need a picture of Nicole. And I stood there for a second, and I went back to my bedroom, locked myself in the bathroom, and I started praying. God, please not let it be Nicole. I got myself together, went back up front with the officers. We called the school. They said that she wasn't there.

And I just was not willing to accept that it was Nicole. So I lied in that bed in a fetal position. I remember being in class, and I remember there being a lot of conversation about something has happened in the neighborhood. And one of the assistant principals came to the class, and when she looked over at me, it's like my heart just sank. It wasn't until we made it to Nicole's house, and I saw people there, police officers. I just kind of knew. I saw people there, police officers.

I just kind of knew. I do remember going home after that, and just being in my room, in the bed, and just like a zombie, I could not fully process that this was what has happened. It was so unbearable for me. The neighbors told me. They heard her screaming, saying, please don't hurt me.

People heard her begging for her life and nobody went to her rescue. Nobody. Investigators interview Aquanelia, looking for the timeline of the hours leading up to Nicole's murder. That morning, Nikita and Nicole, they both asked me, could they walk with their friends that morning? I hesitated, and what I said to her was, only if you don't go through the path.

That wooded area abuts to two apartment complexes. It's a path that's just worn out by people cutting through the woods. A lot of the kids just made that little path so they could go to school. For me to say to them, do not go through the path, usually Nicole would listen to me. So I felt it would be safe for Nicole to walk to school with Nikita. Nicole's sister Nikita tells police everything she and Nicole did that morning. Nicole Smith left home with her sister Nikita to go to school. They met up with another friend. They decided to go into the convenience store to get some snacks or some drinks before they continue on their way to school. Nicole realized she forgot her homework. So she tells her sister and friends, you go ahead, head to school.

I'm going to go back home. I'm going to grab my homework and then make it back to the bus stop. Nikita was watching her go over the hill and she said Nicole waved the whole time, telling her bye, and she was waving back at her until she couldn't see her anymore.

Nicole takes a shortcut, the path through the woods. It's the last time she's seen alive. Near the end of her interview with detectives, Nikita tells police something that grabs their attention. Nikita remembered someone at this convenience store being in line who she described as a Black male, around 20 years old-ish, light skin,

and she said he was wearing white K-Swiss tennis shoes. So right away, detectives are thinking, this person that's in line at this convenience store more than likely is the killer. We know our killer is wearing K-Swiss tennis shoes. And now we have a witness, Nikita, who basically says that she saw somebody in the store wearing the same type of tennis shoes. It all made sense.

I feel that that person saw Nicole leave the store, followed her into the woods, and did what he did. Police soon have a second witness. A landscaper working in the area says he too saw the man in the K-Swiss sneakers. I asked the landscaper what he had seen, and he said that he heard screams and he heard shots. And then he saw a light-skinned black male run down the trail carrying a gun. This is a critical witness.

He actually sees the suspect almost exactly as Nikita described the guy in the store. 5'10", light skin, khaki pants, white tennis shoes. He's running out of the woods, holding the weapon wrapped in his bloody t-shirt, and then disappears. Police scour the neighborhood searching for the suspect. For hours that entire day, you had upwards of 100 people literally fanning out from Nicole's crime scene and just knocking on every single door they could find. And they came up with nothing.

As police continue to hunt for the mystery man, the medical examiner performs an autopsy on Nicole's remains. The Fulton County medical examiner conducted Nicole's autopsy. They had a rape kit performed. They recovered semen from the sexual assault. Investigators send the rape kit off for DNA analysis, hoping that it will produce a DNA profile that will help find the killer. Many of the Deerfield apartments, they picketed in anger, saying crime is out of

control, while police brought in a small army to search for clues on the path, in the woods, even in garbage dumps. Nicole's murder makes news in Atlanta. Nicole Smith was 14 years old. Her life ended just before 9 30 this morning when neighbors heard shouting, then two gunshots. Once this got out, Nicole became Atlanta's daughter. Everybody felt that we failed to protect this young girl. Most people had kids. They wanted the community to be safe. And when that happened to Nicole, it hurt a lot of people.

Everyone at school was really terrified. Even people who did not know Nicole definitely wanted this to be solved and quickly. Three days after the murder, as the investigation continues, 14-year-old Nicole Smith is laid to rest. My church, Saxon Memorial, it holds about 3,000 people. People had to stand in the lobby to hear the service. So many people came out to support again. Those who knew Nicole, those who just heard of the story and wanted to come out and be supportive. The mayor spoke. My girlfriend, Jackie Davis, she spoke and she read the poem that Nicole

had written about me. Her beautiful black queen, which was me. And the way her funeral was, you would have thought it was the First Lady of the President's service. She was well-loved. Six months after Nicole's murder, fall turns to winter and police have yet to name a suspect. They focus on ballistics and the shell casings found at the scene. Detectives tested every single 9mm in APD's inventory.

They test fired them just in case one of those guns was found and maybe there's a name connected to it. They compared them to shell casings that were recovered at other scenes where people were shot or murdered. The ballistics lead nowhere and detectives hit another dead end with the DNA. The rape kit does produce a full DNA profile, but when investigators upload it to the national database, CODIS, they draw a blank. They put Nicole's sample in CODIS and got nothing. The suspect in this case had not committed a crime worthy enough of getting his DNA taken and placed into CODIS. Almost seven months after Nicole's murder, just as the case stalls, investigators develop a new witness based on a tip from Nicole's mother.

Detectives identify another witness that saw the man running from the woods. From this witness, they created a computer-generated composite of a suspect just from the chin up. They were dropping these flyers on people's doorsteps, stopping people on the street and conducting canvases and passing these flyers out. While police investigate, Aquanelia leads her own search with the help of family and friends, getting the suspect's sketch out to the public. I would make flyers, make phone calls. The community was helping a lot. They supported me with that. Someone would go with me knocking on doors. They would go look for guys. You know,

the description they had, they found this one particular guy living right next door to the wooded area. And they caught him in the complex. And they began to beat the guy, because they thought he was the one that killed Nicole. The Atlanta police are called out because there's a guy that literally is in a fist fight with Nicole's family, because they felt he so closely resembled this composite sketch that he had to be the person that killed Nicole Smith.

When police arrive, they literally roll up on scene and they have to separate Nicole's family from this guy, Jamar Hendricks. They see this guy that looks like this composite sketch and lives nearby where Nicole was killed. So detectives dug in on who Jamar Hendricks was. Detectives learned Jamar Hendricks worked at a local cemetery. Several witnesses testified to his whereabouts that morning. He was at work. He was not Nicole's killer. For months, the sketch circulates around Atlanta.

I was expecting that case to be solved within the first week, but it didn't happen. Less than a year after the murder, on March 26, 1996, Nicole Smith's case file is as cold as a Georgia winter freeze. I had been fighting so hard. It was just so hard to give up. I just honestly want the pain to go away. And it doesn't. The investigation is at a standstill, but Nicole's mother keeps the case in the public eye. It's always kept the media in to deal with her story. I was fighting for information, fighting to get this person off the street. You know, that's all I had to give her. I couldn't save her life.

What happened to Nicole will haunt the community. Every time you went someplace, people were talking about it. Kind of made me feel badness happened on my watch. And I felt that I should be able to find out who did it. I am still looking for that miracle for her to walk through the door. So unbearable for me. Someone you brought into this world, you never thought you'd be here to see them leave the world. That's a mother's job to protect her kids.

And I couldn't protect her that morning. Every day is a reminder. I just didn't want to live anymore. August 14, 2002, seven years after Nicole's murder. I get a call from Don Scully. The district attorney's office received a letter from an inmate in Calhoun State Prison. And in this letter, this inmate is given information that he is incarcerated with someone that he feels may have killed Nicole Smith.

Don Scully and I drive 180 miles one way to Calhoun State Prison. We meet with an inmate named Bernard Carr, who goes on to explain, an inmate sitting right next to him in a day room named Rhodes blurts out, I killed a little girl back in the day in the 90s in the woods. So Bernard Carr wanted us to talk to Rhodes. So Rhodes says, I was in a shootout with another guy

and the little girl was caught in a crossfire. Though there wasn't a shootout at the time of Nicole's murder, investigators stay focused on Rhodes. This is the first thing we've seen in this case since this thing went cold in 96. It's 2002. DNA science has advanced. So there's one quick way to figure out whether Rhodes is involved in this case. Let's check CODIS. It wasn't two days later when we get notified it's not a match. There's absolutely no way he could be the killer of Nicole. Nine years after Nicole's murder, in 2004, Fulton County forms a cold case unit, which

Detective Velazquez immediately joins. The only case I took with me was Nicole's case. What better place to introduce a case to a team of seasoned homicide detectives? We must have had over 100 years of experience collectively in that room. We knew that Nicole's DNA profile was already in CODIS. We were tasked with finding old rape kits and reworking them to modern DNA standards so we could uplift them into CODIS and then hopefully get a match.

It's August 26, 2004, and I remember coming to work that day, and Sheila Ross was already in her office. When she saw me come in, she literally ran out of her office and said, you are not going to believe this. We just got a hit on the Nicole Smith case through DNA. That means Nicole's rapist and killer has struck again exactly nine years and 13 days after he killed Nicole.

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your auto insurance by working just the way it sounds. You tell Progressive how much you want to pay for car insurance. Then they'll show you a variety of coverages that fit within your budget, giving you options. Now that's something you'll want to press play on. It's easy to start a quote and you'll be able to choose the best option for you fast. It's just one of the many ways you can save with Progressive Insurance. Quote today at Progressive.com to try the Name Your Price tool for yourself and join the over 28 million drivers who trust Progressive. Progressive Casualty Insurance Company & Affiliates. Price and coverage match limited by state law. It's June 20th, 2004 in East Point, Georgia, nine years after Nicole Smith's murder. 13-year-old Betty Brown plans to spend the day with friends. I headed over to my friend's house. We ended up going to her family's function. It was like

a barbecue, like a cookout at a park. When the cookout ends, Betty heads back home. As I'm walking, this gentleman, he approaches me. He just comes out of nowhere. And he starts talking. Why are you out here so late? Where are you going? It was just a bad vibe. So we start coming up on just the little empty area, like it's just all grass and wood. And he just grabbed me. And he pulled me into the wooded area. He immediately threw me on the ground.

And we were hustling. And so he raped me. He says, don't say anything. I'll kill you. So in my mind, I'm like, oh my god, this is it. I don't know if I'm going to make it. But then something came over me, and I just was like, if we make it out of this, we've got

to remember what he looks like. Eventually, he got up, and I started running in the direction towards my house. One of my mom's friends, she saw me running and crying. They drove me to my house. And when I got there, I immediately broke down and told my mom what happened. Betty's mom calls 911. Police, including Deputy Chief Russell Popham, immediately search for suspects. We did go door to door in the area where the rape occurred, as well as where Betty was at the Father's Day party.

The canvas in the neighborhoods did not turn up anything. Police submit Betty's rape kit to CODIS to see if there's a DNA match. Two months later, the results come back. I got a call. There was a CODIS match with the rape of Betty Brown that occurred on June 20, 2004, to the rape and murder of Nicole Smith that occurred on June 7, 1995. Of course, you want to know a name, but it's an unknown offender.

The police came by and told me that there was a DNA match from mines to another victim, but that victim had been killed. I didn't know anything about Nicole Smith at the time. I felt like me and Nicole both went through something that no one would ever understand. So I felt like we would always be connected. When I found out about Betty, I was just, I was angry all over again because I thought they had found him. It just had a DNA. I didn't want to hear anything else. I wanted the person.

Investigators Velasquez and Popham analyzed the similarities between Nicole and Betty's cases. They were both females that were walking alone. Betty was 13 at the time. Nicole was 14 when she was killed. From the crime scene to the other crime scene, the distance is about 3.2 miles. My thought was that this was a local person. Although we don't have a name, this is the biggest lead we've had in this case since June 7th, 1995. Police need a composite sketch of the perpetrator, so Betty is paired with a forensic artist.

He looked to be between his late 20s, early 30s, brown skin. He had a bald head. He wore the little round wire rimmed glasses. He had a gap in between his front teeth. I just remembered everything, everything I saw. When you look in that person's eyes and you see a soulless individual, you see evil. The sketch gives investigators new hope. We have a composite sketch.

And this is the first time since I picked this case up, I get to see what likely is Nicole Smith's killer. With a sketch of the suspect in hand, police canvas Betty's neighborhood. And unlike the earlier sketch, this one produces a solid lead. We were actually right in front of where Betty was at the Father's Day cookout. And one of the detectives called me. He said, I've got a guy that looks just like the sketch. I get there and I see a person with a bald head, round glasses, and a predominant gap in their front teeth. He told me his name was Terrence. They told me where he lived. Terrence lives close to where Betty Brown was raped and where Nicole Smith was murdered. This guy was the only person that I've seen that looked exactly like the sketch.

Instantly, Terrence becomes a suspect and investigators Velasquez and Popham need to get his DNA. We want him to give us his, you know, a buccal swab. He said no. With no probable cause to take Terrence's DNA, he's free to go. If you got nothing to hide and you didn't do this crime, why wouldn't you give me a sample of your DNA? My suspicions were through the roof.

So we have to do what we call a surreptitious sample. To do that, detectives begin to surveil their suspect. I sat in his house for days, almost two weeks. If he takes his trash out, we can go through his trash and see what we can find. This guy didn't come out of his house, didn't take his trash out. We were literally packing up to come up with another plan. I get a call that this guy is coming out of his front door. White t-shirt with some writing on the front heading toward you right now. He should be coming to clear view right when he gets to the intersection. When he takes a step out of his house and starts to walk. I see him light a cigarette, and I am like, this is it.

That's our sample. You see him smoking? He's going to throw that out any second. I literally had a handheld camera, and finally Terrence flicks the butt. There he is, right? And I'm zooming in on you right there. You're looking at the cigarette butt, Woody?

It's burning. Doesn't get any better than that. Detectives send that cigarette with Terrence's saliva and DNA to the Georgia Bureau of Investigation for testing. Then the waiting begins. I was prepared to call Nicole's mother. Russell Popham was prepared to call Betty Brown and to say we got him. The Georgia Bureau of Investigation calls the investigators with the news. I looked at my phone and I realized that it was a GBI number calling.

I'm like, oh, this is it. So I answered the phone and got the sad news that there was no way that the DNA compared to the crime scenes of Nicole Smith or Betty Brown. I am absolutely floored. Terrence is not our guy. It's now December 2005, 10 and a half years after Nicole's murder. The billboard that we put up in December of 2005 was close to the crime scenes, really about a quarter mile from where Nicole was killed. We wanted to make sure that everybody in that neighborhood saw this composite sketch. We had

now a $10,000 reward for information leading to the arrest of this person. The reward helps attract national attention, and in 2006, Cold Case Files, which was looking to focus on an unsolved murder, picks up Nicole's case. We were approached to see if we would be willing to actually have them air the Nicole Smith homicide, Betty Brown rape case, on an episode of Cold Case Files. And we felt, we got to do this. One of the things that we got to do this.

One of the things that they wanted to do was actually show us working, you know, working the case as tips came in. This is the, uh, absent tardy list for Thurow High School on the day that Cole Smith was killed. While we're filming the original cold case file episode, we get a tip on a guy named Stephen Burris. Right now, he's wanted by Douglas County

for probation violation. As we look into this tip on this guy, he's got similarities to the composite. He's got, you know, glasses on in the photograph. Gold glasses. He's familiar through association of the area both where Betty Brown was raped and when Nicole Smith was killed.

And he had an active parole warrant outstanding, so we're gonna lock him up. That gives us an opportunity to vet him and figure out how he plays into this. What we're doing is this. We're asking everybody that was either on that list that was abstinent to submit to a swab. So what that means is it's a Q-tip that we put in your mouth, rub your side.

What's that for, though? We're going to compare it to evidence found at the crime scene. Basically, what that means is this. If you have absolutely nothing to do with the murder of Nicole Smith, right? I don't worry about that. I ain't care about that. Listen to what I'm saying. Or the rape of another young girl in East Point.

The Cold Case Files crew and the investigators watch as Stephen Burris submits a DNA sample. We submit it to the state crime lab. Like so many times before, it's not a match. In 2010, six years after it started, the multi-agency cold case unit disbands. But a new detective, Scott DeMeester, offers one last way to try to find Nicole's killer. I remember when we read the news article about how they solved the Golden State Killer case out in Northern California. The first case that we thought of that we could potentially try to do something like that was Nicole Smith's case. One of the most heinous,

unsolved murders in the state of Atlanta's history. In today's world, protecting your home and loved ones is more important than ever. That's why I've trusted SimpliSafe to keep my family safe for the past year. As someone who's experienced the peace of mind it brings, I'm excited to have partnered with SimpliSafe to offer an exclusive 50% discount to Cold Case Files listeners. Just visit simplisafe.com slash coldcase to claim it. I love how easy SimpliSafe is to use. Every night before bed, I arm the system with just a tap on my phone. When I'm away, I can check my camera feed anytime for instant reassurance. It's

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plus a free indoor security camera with FastProtect monitoring. Just visit simplisafe.com slash coldcase to claim this limited-time offer. Don't wait. Order today at simplisafe.com slash coldcase. Remember, there's no safe like SimpliSafe. It's now April 2018, 22 years and 10 months after Nicole Smith's murder. Myself and a couple of my coworkers were sitting at our desks reading the article about how the Golden State Killer case had been solved through genealogy. Maybe we can try this. We immediately started contacting those investigative agencies out in California, and they directed us to the genealogy services that were used.

Investigators take the suspect's DNA, compile a profile, and upload it to genealogy databases, hoping to find relatives. And finally, in October 2021, 26 years and four months after Nicole's murder, there's a promising lead. We were directed to a potential match on the trees to the Arnold family. This is the first lead connecting someone to Southwest Atlanta. According to his genealogist, he's able to zero in on a relative by the name of Kelvin Arnold. He appeared to have been living in the area

when Nicole was killed and when Betty was attacked. He looked very, very close in resemblance to the sketch. Kelvin Arnold has also been arrested numerous times and was once charged with felony aggravated assault. In 2002, between the time that Nicole was killed and when Betty was attacked, a, at the time, girlfriend had accused him of a sexual assault. Detective Scott Demeester needs Kelvin Arnold's DNA

to compare to the known suspect's DNA. I was able to find a piece of evidence that had his DNA on it, and then they compared it to our known offender's DNA, and it was a match. Kelvin Arnold is a 100% match to the rape of Betty Brown and the rape and murder of Nicole Smith.

This was a moment that culminated in every resource you've ever put into this case. We know who we're looking for now. We know who he is. Police move in to arrest Arnold, but discover they're too late. Calvin Arnold died at the age of 49 of liver and kidney failure, apparently for alcoholism. He's dead. Calvin Arnold's dead. We got him, but we don't got him. I told Ms. Smith as soon as possible. He says, I'm going to tell you the good news first. We have him.

We caught Nicole's killer. And when he said the bad news, I knew he was dead. And he said, his name is Kevin Arnold. I just screamed and I cried. Here's this man that's gotten away with murder. We felt cheated. She's never going to be able to lay eyes on the man who took her daughter. Betty Brown would never have the day to look at her attacker in the eye.

We didn't get that moment to confront him, to almost make him suffer the way I suffered. In January of 2022, Atlanta police give the city one last update on Nicole and Betty's cases. We have Nicole Smith's family who is here with us today, who has been incredibly resilient in solving what's been a 26-year mystery to this point.

No one at the press conference even utters the name of Kelvin Arnold. We don't want to give any relevance to him as an individual. This is all about the family and just their incredible resilience. Today for me is a bittersweet moment. I never imagined this person to be deceased. So many unanswered questions that I had for him. I'm happy that I'm finally here,

that he's no longer out there able to do the things to me and Nicole, to others. It's like my fight is over. I'm really glad because I have granddaughters. And when we thought he was still out there, I didn't feel safe for them. He was a monster. And he won't hurt anybody else.

Nicole will never be forgotten. So many people still love her and miss her. She cared about people. She loved Unconditional. That made her special. She was my special girl. She'll always be special. Pluto TV is a place for movie fans like me.

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