Dateline NBC - Black Friday

Episode Date: December 14, 2022

Fort Worth, TX police are called to the scene of a brutal murder on Black Friday. The victim is beloved by her friends, girlfriends, and co-workers. She had no enemies - or did she? Keith Morrison rep...orts. 

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Starting point is 00:00:00 Ashley was a wild and funny Texan who everyone seemed to love. Caring, loving, compassionate. So why did she have this strange premonition? Ashley always felt like she was going to die young. The call came on Black Friday. She said Ashley's apartment's on fire. When the coroner pulled up, my heart broke. And this fire was no accident.
Starting point is 00:00:25 They had conducted surveillance at Ashley's apartment. They're going back to the place where Ashley worked. Yes, sir. They were going after tens of thousands of dollars. But was money the only motive, or was there something else? There were a lot of rumors going around that ended up being true. Couldn't believe that somebody could do that to her. Just pure evil.
Starting point is 00:00:45 Here's Keith Morrison with Black Friday. A hot August night in Texas, 2014. The lone figure knew where to go, knew where the store kept the cash, grabbed $18,000 and was gone. But it was only money. and no one got hurt. Not that time, anyway. The story begins here in Fort Worth, Texas, which turned out to be the perfect growing-up place for a rough-and-tumble free spirit named Ashley Harris.
Starting point is 00:01:28 I was around 10 when she was born, and so the perfect age to pretend she was my baby. Melissa Hill is Ashley's eldest sister. She marched to the beat of a different drum. She would wear just things that did not match. Her hair was just, didn't seem combed, you know. She was never the little princess type. No, no.
Starting point is 00:01:56 There were three girls in the family. Ashley was the baby. Their mom, Monica, remembers how Ashley loved sports and music and art. And bingo. It was our mom and daughter bonding time. And she'd just get all giddy and excited. By the time she got to high school, Ashley had lots of friends, even a boyfriend. And she was devoted to her two dads, her father, Tommy, and her stepfatherfather Chuck, both retired police officers.
Starting point is 00:02:25 Didn't she talk at one point about getting into actually your line of work? She was interested in policing. I think that she took a unique interest in it. But after high school, she ended up working for a short time at Blockbuster Video, and that's where she met a customer named Laura Love. And I walked around the store for a little bit and just kept looking at her because she's so beautiful. Laura wanted to meet the girl behind the counter. They became friends.
Starting point is 00:02:57 And then, something more. We hung out for a few months, for like eight months, before it ever really got there. By that she means she and Ashley fell in love. It was a lot of growing up. She had to work through her feelings. Being gay isn't necessarily an easy thing, and it definitely wasn't easy 14, 15 years ago. Oh, no, it wasn't. Was there a coming out period during which you sort of... I believe it was 2004.
Starting point is 00:03:32 She come over to the house, and she goes, Mama, I got something to tell you and Chuck. I just want you to know that I was gay. And I said, well, Ashley, I already knew it, but you need to give me some space. I need some time. So Monica took some time, prayed about it, came to this conclusion.
Starting point is 00:03:57 I can't imagine God giving me this child and living with her and raising her, that he would want me to stop loving her. Wouldn't make any sense at all. Yet, for a long while, Monica wasn't comfortable with Ashley's new relationship. Though Laura said she and Ashley were good together. She was just always very giving and very, what else can I do for you to make you happy?
Starting point is 00:04:26 The romance lasted more than three years. Then it was over. But they remained friends. And Laura remembers how happy Ashley was when she started working at American Eagle Outfitters at the Hewlin Mall in Fort Worth. Oh, she loved it. She was an assistant manager and good at it,
Starting point is 00:04:47 said her boss, Chris Cravey. Just her personality, caring, loving, compassionate. She just loved life. Yeah. And she loved taking videos of her life, lots of them at work.
Starting point is 00:05:01 I'm extremely tired and this right here is not even helping. Look at my eyes. It's horrible. She had this laugh. It was so infectious. They weren't all like that, however. Employee Lindsey Green said another assistant manager, Carter, was very different from Ashley. She taught me how to love myself to a point.
Starting point is 00:05:24 Carter just taught me work-related things. Not a jokester. Right. But Ashley, polar opposite and popular. This is what cold looks like. I'm so hood. So work was going well. Her love life, not so much.
Starting point is 00:05:41 And then one night, Ashley went out with friends, and April Moffitt was there. And I was their waitress, and she was having a bad night, and I was trying to pull her out of her shell. She wasn't having it, so I just... Fine. April gave up on her grumpy customer. Until months later, they connected on social media
Starting point is 00:06:07 they met for a dog walk Ashley brought her dog Nala April brought Cooper and everyone clicked what was it like when you first started going out with her she has a magnetic, like, force to her. Like, it's hard to not instantly love her. So by the summer of 2014, life was good for Ashley. Her social life, her job. Though she did hit a bump of sorts in August when someone stole 18 grand from the store safe. And it was Ashley who realized the theft had occurred and reported it to you.
Starting point is 00:06:48 Correct. She even helped ID the suspects. With her interest in police work, Ashley thought she might have a calling here. She wanted to go on to loss prevention and work for our home office at American Eagle. She was 31. She had all kinds of plans.
Starting point is 00:07:07 But on the morning after Thanksgiving, Black Friday, the biggest shopping day of the year, Chris Cravey's phone rang at home. It was our other assistant manager saying, Chris, Ashley's apartment's on fire, and we can't get her on the phone. I threw clothes on as fast as I could get, started driving to Fort Worth, and followed the smoke fire and we can't get her on the phone. I threw clothes on as fast as I could get, started driving to Fort Worth,
Starting point is 00:07:26 and followed the smoke trail and the sirens. Coming up, no one would have guessed where that trail would eventually lead. We were asking if we could talk to Ashley or where she was at. They just said that she's unavailable right now. And Ashley's friends weren't the only ones with questions. The police started shuffling us
Starting point is 00:07:47 into the office. It was the morning after Thanksgiving, Black Friday. Laura Love had only one thing on her mind. Black Friday was my favorite day of the year. I love to shop and save money. But Laura's Black Friday was about to turn very dark indeed. I got a call from a friend of ours, and she said, Ashley's apartment's on fire. Ashley's friends arrived at her apartment parking lot to something like chaos.
Starting point is 00:08:30 There was multiple police cars. Crime scene was there. Ford with Detective Jerry Cedillo and his partner Ernie Page sped over there, too. There was a crowd that was starting to gather. Next thing you know, we have about 40 to 50 friends and family and co-workers. And then we had residents that were just, you know, looking from balconies. So we had quite a crowd out here. By now, firefighters had squelched the flames, and the detectives walked up the steps to Ashley's door.
Starting point is 00:08:57 When you went into that apartment, what was that like? It was very disturbing. A woman's lifeless body was lying face down on the bedroom floor. We waited until she was turned over and we got a good look at her face. And she was also identified by some of the tattoos. And then they knew. The victim had her name tattooed on her ribcage, Ashley Harris. Outside, Ashley's friends were totally in the dark.
Starting point is 00:09:23 We were asking if we could talk to Ashley or where she was at. They just said that she's unavailable right now. Ashley's boss, Chris Cravey, had just arrived and was trying to get some answers. For a couple hours, we just assumed that she was being taken care of. And while they waited for information, investigators were realizing this was no accident. It was obvious that she had been beaten due to the amount of blood that we found.
Starting point is 00:09:52 And then we observed that her arms were bound behind her back and her ankles were also bound. It looked, said the detectives, like Ashley had been fighting back against a truly vicious attack. She had been beaten and possibly tortured. We later discovered that her neck had been fighting back against a truly vicious attack. She had been beaten and possibly tortured. We later discovered that her neck had been slit. Not only that, the fire looked suspicious. So, veteran arson investigator Wallace Hood was called to the scene.
Starting point is 00:10:17 I noticed that there was fire damage on the bed, and I also noticed that there was some fire damage to the victim, and I also saw what looked like a bottle of alcohol. Fire damage actually on the victim, so like somebody set fire to her? There was some, it looked like there were some burn marks on her. What did you ultimately determine about the fire and how it got started? There were several points of origin, and that's an indicator of intentionally set fire. Sure, so somebody took that rubbing alcohol, poured it here, poured it over there, poured it here. Yes, sir. Chris Cravey, standing in the crowd outside, watched his worst fears roll up in front of Ashley's apartment. I think it hit me
Starting point is 00:11:00 like a sack of bricks once I saw them start taping it off for a crime scene. And when the coroner pulled up, my heart broke. I lost it. And then the detectives, looking very stern, came outside to ask some pointed questions. Did someone know something? See something? At that point, they start, the police start shuffling us into the office. And they tell us that even if we try to leave, we could be arrested.
Starting point is 00:11:29 I mean, that told you something very bad happened in there. Yeah. One person not in the crowd that morning was Ashley's girlfriend, April Moffitt. About 1 p.m., April got a text from one of Ashley's neighbors. Hey, have you checked on your girl? There was a fire in her apartment. And immediately I thought, Nala, Ashley's dog. April assumed Ashley wasn't at home.
Starting point is 00:11:56 I was like, holy crap. And then she got a message from another friend saying simply, call me. And I called her and I said, where is Ashley? Where is Nala? And she was like, Nala's fine. And I was like, well, where is Ashley? And she was like, Ashley's gone.
Starting point is 00:12:16 And it didn't register. Yeah, like gone, what do you mean gone? Yeah, and then I said, well, is Ashley okay? She said, no, April, she's dead. And I was sitting on my bed and I threw my phone on the ground. Like, that's not real. When reality settled in, April and all of Ashley's family and friends and even the police had to wonder,
Starting point is 00:12:51 who would do such a thing to such a good, sweet person? Ashley Harris had no enemies, did she? Coming up... So you're out here on deck having a cigarette. What did you see? I saw a vehicle parked there that I'd never seen before. But someone had seen it before... I said, I know whose car y'all are asking about. ...when Dateline continues.
Starting point is 00:13:24 Ashley's mother and stepfather were out of town when the news began arriving in awful, jagged bits. First they heard about the fire, and Monica prayed Ashley wasn't hurt. And then Ashley's father, Tommy Harris, called. I saw Chuck getting off the phone, and I saw him wiping his tears. And I knew that my prayer wasn't answered.
Starting point is 00:13:56 Chuck couldn't reach Ashley's sister, so he left a message. And not two minutes later, my husband called me. And he said, where are you? I need to come to you. And I said, what is wrong with my mom? What happened to my mom? And he said, it's not your mom. It's Ashley. And I mean, it just kind of was like a blow. Back in Fort Worth, police were still rounding up people gathered outside Ashley's apartment. Not among them was April.
Starting point is 00:14:23 April, in fact, hadn't seen Ashley for a few days. Their romance had hit a bit of a bump. That night, we talked briefly about me coming over after I got off work. But then I went home. But someone else was there. Her name was Alexis Torres. Alexis Torres was the last person to see Ashley alive and was the actual last person to leave her apartment. That is certainly somebody you'd want to talk to. Obviously, yes, sir. Alexis said she and Ashley had gone to an early Thanksgiving
Starting point is 00:14:58 dinner with friends in Ashley's complex. So you had Thanksgiving dinner and that was? I think it was around 12. Sure. And then hung around for the afternoon? Yes. But Ashley had to work that night. Well, Ashley's shift was supposed to be from 7 p.m. until 3 a.m. and Alexis agreed to come over during the time that she was working to basically take care of Ashley's dog. Then Alexis told the police and later us that she went back one more time after Ashley got home for work. How long did you stay? I stayed for an hour. That would make it 4 a.m. If Alexis was telling the truth, the police had the beginnings of a timeline.
Starting point is 00:15:36 But before they could check her story, or anyone else's for that matter, a neighbor gave them more to work with. An ex-cop named Steve Lee had noticed something about 6.30 that morning. So you're out here on deck having a cigarette. What did you see? Saw a vehicle parked there that I'd never seen before. What was that vehicle? It was a black, older Infiniti sedan. To the observant ex-cop, that seemed worth noting.
Starting point is 00:16:04 Did it stay there for a long time? It was there when I left for work at about 7.40. Detectives also talked to a neighbor who lived directly below Ashley. He had heard noises, heavy breathing, coming from Ashley's apartment just before 8 a.m. A few minutes later, the fire alarm started going off. Water started coming down into his apartment. And that's when the neighbors saw a black Infiniti G35 driving away. Armed with this new information, Zedillo went back to Alexis Torres.
Starting point is 00:16:37 I asked her if she knew anyone or if Ashley knew anyone that drove an Infiniti G35. I never gave her a color. I simply asked her about a G35. Alexis said no. After he was done asking me questions, I walked outside and sat down on the brick and I believe it was Chris that was there. That would be Chris Cravey, Ashley's boss at American Eagle. Alexis told him that police were asking about an Infiniti sedan. And Chris made a beeline for Detective Cedillo. I approached him and I said, I know whose car y'all are asking about. And he says, I just want to make you aware that I have a former employee that did drive an Infiniti G35.
Starting point is 00:17:23 Her name, he said, was Carter. Carter Cervantes. That business-like assistant manager who worked with Ashley. So then I asked him, you know, what color is the GN35 that she drove? And he mentions that it's a black one. What was that like to hear that? Well, it beats hearing the color red or white. And by the way, Chris told Detective Cedillo,
Starting point is 00:17:45 Carter left American Eagle because she was fired. Cedillo filed that away and sorted through the crime scene and talked to witnesses, and the day that began at 8.30 that morning didn't end until 1 a.m. Did you get any sleep? No, sir, I didn't. The story about Carter Cervantes and her black infinity was just bugging him.
Starting point is 00:18:08 Well, I'm thinking about the case, and I'm thinking, where do I go from here? Might have tossed and turned all night thinking about that. But something inside him said, nope. I'm not going to be able to get any sleep. I might as well go back out there and see what I can find. Wouldn't be his first wild goose chase. He had Carter's address, so we hours of Saturday morning, he drove over there, and what do you know?
Starting point is 00:18:31 I saw a black Infiniti backed in right in front of their apartment. But he didn't knock on her door. I was going to go ahead and basically sit here and watch the vehicle to see if it moved. For more than four hours, he sat in his car, cold but patient. And then about 8 a.m. Saturday, he saw the lights of the Infinity flash, as if somebody was unlocking it remotely. I see the male enter the driver's seat of the vehicle. I then see a female enter the passenger side of the Black Infinity.
Starting point is 00:19:03 They drove off. The detective followed. And after a few minutes, the Infinity pulled into, of all places, the Hewlin Mall. So there they are. They're going back to the place where Ashley worked, where the American Eagle was. Yes, sir.
Starting point is 00:19:20 But what would they be doing there? Well, that was the million-dollar question. Coming up... I asked him, what are you doing here at the mall? He said that he had dropped his girlfriend off to pick up some papers. A routine errand or something else? You didn't see her at all in there? No, sir.
Starting point is 00:19:37 Did anybody see her? No, sir. On the Saturday morning after Black Friday 2014, homicide detective Jerry Cedillo followed a black Infiniti into the parking lot of the Hewlin Mall. He watched as the passenger, a woman dressed in darkish clothes, headed inside. She fit the description he'd be given of 25-year-old Carter Cervantes, a former co-worker of Ashley Harris. The male driver stayed in the car, so Cedillo called his partner Ernie Pate, asked him to check up on the guy. And when I approached the car, then the person identified themselves as David Mallory. David Mallory was Carter's live-in boyfriend. He too was a former employee of
Starting point is 00:20:33 American Eagle. I asked him, what are you doing here at the mall? He said that he had dropped his girlfriend off to pick up some papers at Air Apostle, where she was its manager. So, perhaps it was just that, David giving Carter a ride to pick up some paperwork at her new job at Aeropostale. Cedillo decided to go inside. The mall was open, but the stores were still closed. And I happened to go up to Aeropostale, and there is a manager that's actually in there working,
Starting point is 00:21:02 and I was able to confirm that Carter Cervantes did not work for him, and he doesn't even know who she is. Well, so much for that story. Yes, sir. Cedillo turned his attention to finding Carter Cervantes. No luck. You didn't see her at all in there? No, sir. Did anybody see her? No, sir. So, Cedillo had a disgruntled employee coming back to the mall where she'd been fired. Her boyfriend was telling lies about a job she didn't have. And a car that looked like hers had been spotted at the scene of a murder. Detective Pate still had David Mallory out in the parking lot
Starting point is 00:21:37 and was looking for a reason to hold him. He said that he had a driver's license, but he didn't have his driver's license with him. Reason enough. He arrested Mallory and brought him in for questioning. But Carter seemed to have vanished, wasn't anywhere in the mall. But then police went to her apartment complex, and there she was. Where was she in the apartment complex? Well, she initially was in the laundry room. Calm as you please, she agreed to answer questions without a lawyer down at the station.
Starting point is 00:22:12 Do you go by Carter or Carol? Carter. Somehow she'd switched her dark clothes for bright pink scrubs. So how did you end up in Fort Worth? I had a job opportunity with American Eagle Outfitters. Oh yes, Carter with American Eagle Outfitters. Oh, yes, Carter's American Eagle connection. Detective Cedillo had already heard a thing or two about that.
Starting point is 00:22:36 Carter had worked at the Fort Worth store for about four months and was businesslike. But unlike Ashley, she wasn't a very friendly assistant manager. She did, however, make an impression on some younger clerks, like Liza Shonthal. Carter was very smart, very deep. She was good at reading people and knowing how to converse with them. You could tell that she was well-educated. She just had a lot more to her than most sales retail managers do. But Detective Cedillo knew something else about Carter and David Mallory. Something very important. Remember that burglary at American Eagle three months earlier? Carter and David Mallory were the primary suspects,
Starting point is 00:23:19 and Ashley Harris was the one who discovered the money missing. And when Ashley came in to open the store, she found the safe open. Ashley knew it was Carter who closed the night before. And when she showed her boss the security video view of the burglary... She pointed at the monitor and she said, that's David Mallory. I said, who's David Mallory? And they said, it's Carter's boyfriend. The math was easy.
Starting point is 00:23:44 Ashley figured Carter set up the burglary and David carried it out. Carter got fired. David sort of disappeared. And both heard that it was Ashley who identified them. They hadn't been charged, not yet. But... The case was basically actively being investigated when this happened. And now, three months later, here was Carter talking to the police,
Starting point is 00:24:06 who were growing suspicious that she and her boyfriend were connected to Ashley's murder. Why am I here? The deal started off easy. So were you raised in Amarillo? No, I'm originally from Lubbock. Is your family still there? Yes.
Starting point is 00:24:21 Mom, dad, brothers, sisters? I don't have any brothers, but I do have two sisters, and they all still live in Lubbock. Have you seen your mom and dad in a while? More friendly questions. Cedillo asked about Thanksgiving. Small talk. What did you make? I made turkey, and there was stuffing and mashed potatoes
Starting point is 00:24:47 and green bean casserole and this cabbage bacon salad that my mom really likes to make, but I don't think David liked it very much. Except this wasn't really small talk. Detective Cedillo
Starting point is 00:25:01 was paying close attention. All right, so let's start with this morning. Okay. All right? This morning. Okay, what time do you get up? About 7.30. Detective Cedillo was paying close attention. He'd heard enough. No, it's not. You know why I know it's a lie? Why do you know it's a lie? Because I saw you come out of your apartment and get in the passenger seat of that car, and I saw him drive out of there. That's why I know it's a lie. So Dio was tough.
Starting point is 00:25:38 But Carter Cervantes wasn't giving an inch. Coming up, if Carter's lies weren't reason enough for suspicion, this was. She starts wiping down the bottle. She was afraid that we were going to obtain her DNA. And what was this all about? And who was it for? There's an actual human grave that's been dug. Fresh grave.
Starting point is 00:25:59 Fresh grave. When Dateline Continues. It was late Saturday morning, the day after Black Friday. 25-year-old Carter Cervantes was talking to detectives and lying through her teeth. I know what I did this morning. I know where I was. I know where I went. Detective Cedillo certainly knew where she went, the Hewlin Mall. But she kept insisting she'd been at home all morning.
Starting point is 00:26:35 You're about to make the biggest mistake of your life. You understand me? And she still wouldn't confess to it? She wouldn't budge. I got up. I went and put the laundry in, and I went and checked my email. That's all.
Starting point is 00:26:47 You found me on my apartment complex. Then, when the detective stepped out of the room, she did something interesting. Maybe incriminating? She took a drink, puts the bottle down. She picks it up again, and before she can take the second drink, she stops midair, spills water on herself,
Starting point is 00:27:04 puts the bottle down, and just stares at it for about 10 to 15 seconds. She then reaches over and grabs the tissue from the table and starts wiping down the bottle and then wipes down the mouthpiece. What did that say to you? Well, that she was afraid that we were going to obtain her DNA from the bottle. After that, police let her go. David Mallory, too. But detectives had a theory cooking.
Starting point is 00:27:28 That Carter and David killed Ashley out of revenge for being fired for the burglary. But they also wanted Ashley's keys to the American Eagle because they were planning to rob the store again. Those keys were the only thing missing from the murder scene. And when store manager Chris Cravey looked at his surveillance video from earlier that morning, he told police what they wanted to hear.
Starting point is 00:27:52 Describe what you saw on the video tape. Somebody dressed in dark clothes with their face wrapped, walk right up to the store and try to get in with keys. That, he said, was Carter trying to pull off another bigger burglary Police just knew one day after killing Ashley and taking her keys Carter was trying to break into American Eagle where this time tens of thousands of dollars the Black Friday profits were in the safe But the key didn't fit.
Starting point is 00:28:26 Because after Ashley was murdered, Chris Cravey changed the locks. I wasn't going to take any chance on whether it be a deposit or them harming somebody else in the store. We needed to lock them out. The detectives pulled the surveillance video. And look at this. Carter, slipping away from the mall, having already changed from her
Starting point is 00:28:45 sweat clothes into pink scrubs. Had to be trying to fool potential trackers, they thought. This was after she would have spotted police talking to David in the parking lot. And then she walked all the way home. Over the next few days, police got a warrant for Carter and David's cell phones. That camera app. So useful. Well, we learned that they had conducted surveillance at Ashley's apartment weeks before that. They had a picture of her apartment, her actual door to her apartment, and they had pictures of her vehicle
Starting point is 00:29:20 in the white Dodge Ram pickup. In early December 2014, Carter Cervantes and David Mallory were arrested and charged with the murder of Ashley Harris. Cold comfort for Ashley's sister. It's just such a loss. And it's so pointless. I just don't understand how people could do that.
Starting point is 00:29:46 They were tried separately, but the cases against them were virtually identical. Do you recognize this disc? Assistant DA Kevin Rousseau led the prosecution. On state exhibit one... Ashley Diener assisted. From the witness stand, Detective Cedillo helped lay out the case. Were you also able to conduct a search of her apartment and her vehicle and things like that? Yes, sir.
Starting point is 00:30:09 And did you find a receipt that proved to be helpful? That's correct. The sales receipt showed some odd purchases on Carter's credit card. She had purchased two shovels. She had purchased a tarp. She had purchased gloves.s. She had purchased a tarp. She had purchased gloves. Why was that significant? Because of a discovery way out in the Texas scrub.
Starting point is 00:30:33 A discovery worthy of a horror movie. And the key to finding it was right there on Carter and David's cell phones. They would text each other longitude and latitude coordinates and it led us to a remote area near Abilene. What was there? As soon as we got to where the spot says you're there, we look up
Starting point is 00:30:53 and there's an actual human grave that's been dug. Fresh grave? Fresh grave. Prosecutors believed the original plan was to kidnap Ashley, kill her, and put her body in that grave. She was killed in her apartment, the prosecutors thought, because she fought so hard. What is that?
Starting point is 00:31:15 This is a Glock 19 semi-automatic pistol. In fact, investigators believed Ashley Harris was pistol whipped. So when this Glock 19 was found in the Black Infinity, Prosecutor Diener had it tested. The results were both sad and conclusive. It came back positive with Ashley's DNA on the gun, so that was very significant. There was blood adjacent to her bed and blood spattered on the bed. This was not an easy death. Hearing all this was so hard on Ashley's mother Monica and loved ones like April
Starting point is 00:31:49 I thought I could handle it nope so I went out and I went back into the room where Monica was and she was consoling me and she shouldn't be consoling me. The brutality of the murder was never far from the prosecutor's minds. I just thought how painful and how awful the last few minutes of her life would have been. And absolutely terrifying. Absolutely terrifying. Even that, they said, even that appeared to be part of the plan. This wasn't just about robbery or even revenge, said Prosecutor Rousseau. It was discussions that Carter Cervantes had had with people where she expressed certain, I guess you can call them fantasies,
Starting point is 00:32:37 involving killing people. Liza Schoenthal remembers one such discussion at work. It was just us, and we were folding clothes, and she mentioned that she had thought about killing someone before and whether or not she could watch them die. As if the murder wasn't shocking enough, prosecutors were pretty sure Ashley's murder was a thrill kill planned by a sadistic young woman
Starting point is 00:33:01 who thought she was smarter than everyone else. But tiny, meek Carter Cervantes admitted none of that. She still had a plan, concocted all by herself, to explain why she, too, was a victim. Coming up, a vicious killer. You wanted to see the death penalty. Death penalty was what I wanted. Or a young woman forced into a life of crime. Were you in pain?
Starting point is 00:33:31 Yeah. I was screaming. When people talk about the trial of Carter Cervantes, this is what they remember. Say your name for the record, please. My name is Carter Carol Cervantes. Against the advice of her attorneys, Carter Cervantes took the stand.
Starting point is 00:34:03 Gone was that criminal mastermind. Here sat a helpless victim. She gets up on the stand. Gone was that criminal mastermind. Years at a helpless victim. She gets up on the stand and it was insane. Carter said it was all her boyfriend, David Mallory, controlling every aspect of her life. I was very afraid of David. How afraid of him more than you. I thought he was going to kill me. This is where Carter's defense truly began. She told the jury she was a woman enslaved by her sadistic lover. He was telling me what to drink, what to eat. And he made me have sex with him in the movie theater. And he had that gun, the Glock, she said, used it like a threat, and it scared her. I did not feel comfortable with that weapon.
Starting point is 00:34:56 She told the jury she was asleep at home. When Ashley was being murdered, she didn't know where David had gone, but somehow he wound up with a set of American Eagle keys. Gave me some gloves. Told me to put them on. And then he handed me a pair, a set of American Eagle keys. And he said, go in and open the gate. And bring me that fat ass deposit. And then, she said, he pulled out the Glock.
Starting point is 00:35:25 And he just pointed it at me. Pointed it at you? Yes, across his body. I shook my head that I wasn't going to do it. And he said, you don't understand. There's somebody sitting outside your parents' house right now. If you don't go in, I'm going to kill them, and then I'm going to kill you. So that's why she tried to rob the store.
Starting point is 00:35:48 She said it was that or be killed. Just a couple of hours before she showed up on this security video, she said, David made it very clear to her just how far he would go to make sure, absolutely sure, that she would do what he demanded. Somebody pushed me down right when I got into the apartment. During the night, before the break-in attempt, she said, David brought strange men into their apartment. She heard an angry voice above her.
Starting point is 00:36:18 He said, I'll make her follow directions. And then her story got even more harrowing. They took off my sweatpants and pulled them down to my ankles. And they raped me. Raped twice, she said sobbing, by two different men. Were you with me? Yeah. I was screaming. two different men. Prosecutors Kevin Rousseau and Ashley Diener seemed as taken aback as the rest of the courtroom. I know what I think. This is not true. And they needed to regroup fast. This is
Starting point is 00:37:00 the biggest lie she's ever told. We know that. But you never know what the jury's thinking. Carter had an explanation for just about everything. Even that moment during her interrogation when she wiped the bottle. She wasn't wiping off her DNA. No. She said the smell from the bottle reminded her of being raped. And I was telling myself, it's just water. It's just water. It's not them. But I could still smell it. She said that she suddenly was overcome with the smell of semen in the air. And it had something to do with drinking out of this bottle of water. And I thought, now that, that took some work.
Starting point is 00:37:39 That is one heck of a lie. And it was at that point that I put my pen down and said, I am not writing this. I'm not going to write this down. His voice dripping with sarcasm. Prosecutor Rousseau took her story apart. He showed the jury a picture. Is that the gun that you're talking about that you were very uncomfortable with in the department? Yes. That's the one that's laying there beside you while you're having a morning call? Yes. Then he drilled down into the heart of Carter's story.
Starting point is 00:38:14 Just who were those mysterious rapists? They all spoke in a way that I would describe as ghetto lines. Okay. So in your mind, these are black people, black men? No, sir. I did not say that. But, said the prosecutor, that's exactly what she was suggesting. If she was going to try to play that card, I was going to make her spell it out. Is Ebonics a term that is commonly associated with African Americans in this country? I don't know where Ebonics is commonly associated with African Americans in this country? I don't know where umbox is commonly associated with. I associate it with a certain type of speech,
Starting point is 00:38:52 but I also associate it with the word ghetto. But if she was hoping to play to some random juror's racial bias, she guessed wrong. The jurors didn't believe it. Not for a second. They found her guilty in less than two hours. As for David Mallory, his attorneys argued he had nothing to do with the murder. He was involved with Carter, yes, but
Starting point is 00:39:15 not with any killing. The jury didn't buy that either, rendering a guilty verdict in no time at all. The verdicts were some consolation for those who loved Ashley Harris. I still miss her. She saw the best in everybody. Even when you couldn't see it, she could see it.
Starting point is 00:39:38 She had such a big heart. And this world is worse off. At least mine is. Both David Mallory and Carter Gervantes received mandatory sentences of life in prison with no possibility of parole. It wasn't enough for Ashley's mom and stepdad. You wanted to see the death penalty. Death penalty was what I wanted. It's what Monica wanted. But it wasn't to be. And now they cling to memories of their Ashley.
Starting point is 00:40:18 Tell me about the last time you saw your daughter. Physically, in person. It was November. Day 14. About a week before she died, Ashley had invited Monica to play bingo. Monica was busy, almost said no, but something told her to stop what she was doing and go.
Starting point is 00:40:40 And oh, is she glad she did. And I walk into the bingo hall, and oh my God, there sat that little girl of mine. And I smile at her, and I walk over, and I kiss the side of her neck, and I tell her how much I love her. You remember every syllable, every moment of that day, don't you? Yes. G56. These days, Monica is making new memories at the bingo parlor.
Starting point is 00:41:08 Remember how skittish she was around Ashley's girlfriends at first? No longer. Now, they're family. Have a good weekend. When Monica and I go and get our nails done, they always say, oh, your daughter's so pretty.
Starting point is 00:41:23 She never corrects them. As far as she's concerned, she gained several daughters. And when they're all together, Ashley is there too. That's all for now. I'm Lester Holt. Thanks for joining us.

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