Cold Case Files - REOPENED: A is for Arson

Episode Date: May 7, 2026

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 ta...ke a determined cold case detective to track down the killer.This Episode is sponsored by BetterHelpApartments.com - To find whatever you’re searching for and more visit apartments.com the place to find a place.BetterHelp: Visit BetterHelp.com/COLDCASE to get 10% off your first month.Marathon: Join Marathon Rewards today and start earning rewards on every gallon of gas. Marathon, where fun runs on full!Progressive: Multitask right now. Quote your car insurance at Progressive.com to join the over 28 million drivers who trust Progressive.See Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info.

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Starting point is 00:00:00 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 poor, and sickness and health, still death do you part? Well, his death happened. I didn't know what to do.
Starting point is 00:00:30 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. 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 16, 1987.
Starting point is 00:01:21 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 of 40 feet high emanating from the campus. Don T. Dodsworth, ATF supervisory special agent and certified fire investigator, recalls what happened next.
Starting point is 00:01:55 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.
Starting point is 00:02:22 When I got there, the fire was raging. It was an infernal. 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.
Starting point is 00:02:46 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. 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,
Starting point is 00:03:08 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,
Starting point is 00:03:26 but on this occasion, he goes into the burning building. 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,
Starting point is 00:03:50 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 was just ballooned on them from where it was to where they are. As the firefighters work inside the burning building, conditions deteriorate rapidly.
Starting point is 00:04:26 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. 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 in 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.
Starting point is 00:05:06 And at that point, I saw the hose line. I grabbed that hose line because I knew that hose line was my lifeline out of that fire. I had to hold on to that line and to follow it, and I literally held on that hose line, for dear life until I got out of that fire. They're struggling to breathe. It was hard for them to talk.
Starting point is 00:05:28 Some of them almost didn't make it out 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 reenter the building. The fire has been contained by thousands of gallons of water
Starting point is 00:05:45 sprayed from the fire truck. The firefighters finally find Gary. He lays me. motionless on the floor, his helmet by his side. 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 error 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.
Starting point is 00:06:27 I was asleep and somebody came up the driveway. I thought, well, that's strange. I looked at it and said to 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 00:06:48 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 00:07:17 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 Aaron. I would describe my dad as excited about life.
Starting point is 00:07:46 He was just a beautiful man inside and out. He was very active and athletic, just full of life. Oh. I wish I could do. hear his voice. I'm a good dad. Well, I think maybe his love for sailing was second to his love for fishing.
Starting point is 00:08:03 I worked to buy a sailboat. It was called the Catherine. 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's solid oysters over there.
Starting point is 00:08:24 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, 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.
Starting point is 00:08:52 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 were called by Deputy Chief Gerard Irving.
Starting point is 00:09:17 Culturally, firefighters are viewed as heroes. They're the ones that run into burning buildings to save lives. 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.
Starting point is 00:09:38 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, 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? 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 to yield tangible clues. As investigators are processing the scene, they determined that the fire originated behind the library check-in area.
Starting point is 00:10:31 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 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 at fire, if you're the cause of the fire and a firefighter dies in the fire, you're guilty of first degree of murder. This episode is sponsored by BetterHelp. May is Mental Health Awareness Month, and it's a good moment to notice how you're actually doing,
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Starting point is 00:12:25 You can redeem rewards at any time, saving up to $1 per gallon. And don't forget, marathon stations are packed with all the conveniences you need to stock up and live life on the go. Marathon, where fun runs on full. Available at participating marathon locations. Terms and conditions apply. See Marathonrewards.com for details. 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
Starting point is 00:13:06 is memorialized in Everett's Marina. It's far from a private event. 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 mored 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 a little bit of his sailboat. his murderer gains momentum.
Starting point is 00:13:37 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 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,
Starting point is 00:14:05 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's just like flames were coming out. I ran out here. I looked. I didn't know what to do.
Starting point is 00:14:23 I was first thinking about running in there or something. But, you know, then I said 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
Starting point is 00:14:42 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. They were able to determine that he was in fact asleep
Starting point is 00:15:04 during the morning of the fire. He didn't want to get intrastive. 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
Starting point is 00:15:36 and move on as best as possible. 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.
Starting point is 00:16:10 One of the subjects that they interviewed said, that he has information, but that he wasn't at the fire, but he had what was 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 mat stick, and the books and paperware is caught on fire, and that's the end of his vision.
Starting point is 00:16:42 Something he says catches the detective's attention. His description of the blonde, fair-haired young man with a wooden matstick, he basically was describing one of his friends with Elmer Nash. 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,
Starting point is 00:17:15 essentially get a statement from Elmer that he was not involved. We were able to polygraph him 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 continued to trickle past, and yet the case remains. in Enigma.
Starting point is 00:17:48 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 realize they have a serial arsonist on the loose. Unfortunately, there were three elderly victims at a residential nursing home fire. The fire investigators were actually able to speak
Starting point is 00:18:14 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,
Starting point is 00:18:40 and they were able to determine looking at those fuel slips 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.
Starting point is 00:19:16 Astonishingly, Keller breaks down and admits to setting sense, 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 a tremendous interest. Did he start the fire in 1987 that killed firefighter Gary Parks? Paul Keller did have an infatuation with firefighters in the fire department.
Starting point is 00:19:47 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 Freedom's retirement home.
Starting point is 00:20:12 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 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 fireground activities. Investigators begin to build a case.
Starting point is 00:20:49 They unearth a promising lead linking Keller to the college board. 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. 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.
Starting point is 00:21:25 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 00:22:13 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.
Starting point is 00:22:40 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 seeing a three-ring binder on the table.
Starting point is 00:22:59 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,
Starting point is 00:23:23 all leads just kind of dried up. So in 2016, I came into investigations. Detective Atwood and I converted, 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 cork board as a remembrance, but also let's not let this case go even colder. I had been a firefighter.
Starting point is 00:23:49 I knew what it was like 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 two. 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,
Starting point is 00:24:15 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.
Starting point is 00:24:35 I wanted to interview Elmer. 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.
Starting point is 00:25:04 But at the Snohomish County Jail, Detective Atwood gets a lucky break. Elmer Nash is standing at the counter. It just got an arrest and was being booked into the jail. I just threw caution of the wind and went for it. I have way too much free time, said no one ever. Work, appointments, family and friends, life is nonstop. And trying to find a new place on top of all that, completely overwhelming.
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Starting point is 00:27:08 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, and I said, hey, do you mind coming back to the station? I'd love to talk about a case than I'm working. And the words came out of his mouth and goes, oh, is this about the fire at the college?
Starting point is 00:27:25 That blew me away a little bit. I said, well, as a matter of fact, it is. And he goes, 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 didn't realize at that point
Starting point is 00:27:40 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 Detective Atwood will have to wait until Nash is sober to question him. He returns Nash to the jail cell
Starting point is 00:27:56 concerned he's just lost his best shot at solving Gary's murder. Elmer is 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 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, re-contacted him. He was still willing to talk to me.
Starting point is 00:28:20 We had a rapport with one another. We're talking, and Detective Kualech, from Everett PD, says, we can do a polygraph. Elmer says, yes, they get done. Detective Kualtzek 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
Starting point is 00:28:48 They're getting cooked right here And they kind of hunker down in that seat 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 of himself as climbing through a window or a hatch.
Starting point is 00:29:10 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. And I knew she was done at that point. I freak out a little bit myself.
Starting point is 00:29:30 I settled everything down and got Elmer into a different room. When 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 00:29:54 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. I was highly charged at the moment. I'm flowing and asked him, how'd you start that fire? And he said I used a wooden kitchen match.
Starting point is 00:30:18 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 insult.
Starting point is 00:30:39 Detective Batwood texted me, bring me the picture. On my cork board 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. 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 get hurt. I sat there speechless.
Starting point is 00:31:11 I remember feeling this elation that he finally admitted to what had occurred on the morning of February 16, 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, 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.
Starting point is 00:31:44 What did you want to tell me? I spoke to you about the community college, you know, fire and stuff like that. And I had told you that, you know, I passed back in 1987. My polygraph 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, but I wanted to, I felt like,
Starting point is 00:32:11 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 to fire. Okay. So you're saying after yesterday,
Starting point is 00:32:27 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 unseen,
Starting point is 00:32:39 and then he says, 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
Starting point is 00:32:58 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 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
Starting point is 00:33:21 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 eyes and cross our teas. They told me who it was, and it was a shock, said it was a young person that was hard to take. To learn that the fire was actually set by 12-year-old boys, one in particular was really heartbreaking because my dad loved kids.
Starting point is 00:33:58 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, 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.
Starting point is 00:34:18 You know, what are you waiting for? Another two years passed 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 an 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,
Starting point is 00:34:47 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 that's ultimately where Detective Atwood was able to get Special Agent Don Dodsworth in and said, can you help me? What I was asked to do was to look at the fire
Starting point is 00:35:10 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 next, any type of oily rags, perhaps spontaneously combusting and starting the fire. Wizard smoking within the library,
Starting point is 00:35:38 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. 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 00:36:24 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 superform, which was a form that says,
Starting point is 00:36:52 Elmer Nash is charged with Arsuan, 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. As the prosecutor's office prepares for trial in March 2021, They receive some unexpected news.
Starting point is 00:37:18 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? I googled murder one and the minimum sentence was 10 years.
Starting point is 00:37:52 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 100 firefighters showing up, past and present for this hearing, 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.
Starting point is 00:38:44 3 o'clock, no sign of him. 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 murder warrant for the rest of Elmer. Kathy was upset. I told her, without a doubt, I don't care where he is.
Starting point is 00:39:08 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 at about 5 in the morning. It was beyond belief that Elmer Nash never, showed up through the sentencing. They were calling phone numbers. They were trying to find him. We were hopeful that we were able to find him
Starting point is 00:39:27 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. He looked like he'd been up for a week. He was.
Starting point is 00:39:47 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 11th, 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. 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.
Starting point is 00:40:23 I'm so sorry for 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. It was about as real as you can get. It was tough to watch.
Starting point is 00:40:40 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. 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,
Starting point is 00:41:16 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. 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.
Starting point is 00:41:42 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.
Starting point is 00:42:05 I pray for her. I love her. 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.
Starting point is 00:42:29 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.
Starting point is 00:43:01 It had taken 12,456 days, but finally, justice had been served. He touched so many lives. 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 McFarland. and Emily G. Thompson.
Starting point is 00:43:29 Our composer is Blake Maples. For A&E, our senior producer is John Thrasher, and our supervising producer is McCaamy Lynn. Our executive producers are Jesse Katz, Mai Te Cueva, and Peter Tarshis. This podcast is based on A&E's Emmy-winning TV series, Cold Case Files. For more cold case files, visit AETV.com.
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