The Deck - Brian Sullivan (3 of Spades, New York)
Episode Date: October 19, 2022Our card this week is Brian Sullivan, the 3 of Spades from New York. One July morning in 2007, 19-year-old Brian Sullivan made some calls to a friend, grabbed a hot breakfast from a local fast-food j...oint, then vanished, never to be seen or heard from again. For 15 years, Brian’s disappearance has haunted the greater Rochester, New York, area — and although investigators know beyond a reasonable doubt who was responsible, they haven’t been able to answer the one question left looming over their heads: where is Brian? If you know anything about where Brian Sullivan’s remains are hidden, please speak up. Call the Rochester Area Crime Stoppers — (585) 423-9300. You can remain anonymous. Or you can call the Monroe County Sheriff’s Office: (585) 753-4177. Brian’s parents are offering a $2,500 reward. To learn more about The Deck, visit www.thedeckpodcast.com. To apply for the Cold Case Playing Cards grant through Season of Justice, visit www.seasonofjustice.org
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Our card this week is Brian Sullivan, the three of spades from New York.
In 2007, 19-year-old Brian was enjoying his summer hanging out and making music with
friends when one July day he vanished without a trace.
Over the past 15 years, law enforcement's investigation has yielded answers to many
of the questions surrounding his disappearance, but not the one still weighing on his friends and family daily.
Where is Brian?
I'm Ashley Flowers, and this is The Deck. On July 8, 2007, Barbara and Dan Sullivan were enjoying a warm summer afternoon at home
in Chilai, New York, when they were startled by a knock on their door.
It was a deputy with the Monroe County Sheriff's Office asking to speak to their 19-year-old
son, Brian, but Brian wasn't home.
He hadn't been for almost a whole day at this point.
Since he was unavailable, the deputy let Barbara and Dan
know that their son's red 95 Pontiac Sunfire
was found abandoned at the end of a dead end street
in the suburb town of Gates, which is about a 10 minute drive
northeast of the Sullivan's home.
The deputy questioned Barbara and Dan
about their son's whereabouts, like when they had last seen him.
They said 4pm the previous day.
They said they saw him as they left to take their dog for a walk, but when they returned,
Brian and his car were gone.
The deputy then asked about his mental health history, but there is nothing worth telling
there either.
No history of any known issues.
What about drugs, he said?
And to their knowledge, Brian didn't use hard drugs. I mean, he smoked weed recreationally, but as far as they knew that was it. They didn't
know why Brian's car would be on some random street in gates, and they couldn't think of
any friends that he even had in that town. Part of the deputies report from that day reads
quote, Sullivan's parents did not seem overtly concerned with him not coming home. They said
it was not abnormal for him to go away for a day or so."
And it's true that Brian's abandoned car didn't send Dan and Barbara spiraling because
they knew their son had been having car trouble recently, and he also had a habit of not
coming home for a day or two at a time. They likely just assumed that his car died, he
ditched it on that dead-end road, and then went to stay with a friend or something. But that night, Ryan still didn't come home. And he wasn't answering
his cell phone, so the following day, Barbara and Dan went to gates to get the car for him.
Just like the deputy said, it was at the end of a dead-end street, letting him avenue.
The car was locked with nobody inside, and peering through the windows, Barbara and
Dan couldn't see much. The car was locked and they didn't have a spare key, so they
phoned a mechanic who came and broke in using one of those slim gym tools. Barbara and Dan
then had the car towed back to their house where they began cleaning it out. Inside, they
found empty Burger King wrappers and a Burger King receipt, timestamp July 8th
at 5.38 am.
That's the same day that the deputy would later show up at their house.
Brian's wallet was also in the car.
The wallet had his bank card, but was missing his driver's license.
Now, even this isn't that weird because it was actually pretty common for Brian to
not keep his wallet on his person.
After going through Brian's car,
his parents had an uneasy feeling, but they weren't going to report their son missing just yet.
He was an adult, and there was nothing illegal about going off the grid for a day or two.
I mean, like they told the deputy, this kind of thing has happened before. Brian would disappear
for a few days, then show back up safe and sound. And Barbara and Dan were holding tight to the hope that this was just another one of those
times.
But as the hours tick by with no sign of Brian, their hope begins to fade.
Over the next few days, Barbara and Dan reached out to Brian's closest friends and relatives,
anyone they could think of to get the 4-1-1 on his whereabouts.
But no one had seen him since the wee hours of the morning on July 8th. The day that his car was found. By the time Wednesday rolled around, it had been four days
since they'd seen or heard from Brian. And by now, they knew in their gut that something was
terribly wrong. With a lump in their throat, Barbara went to the Monroe County Sheriff's office
to file a missing persons report for their son. She told investigators about Brian's car being found in gates and how no one had seen
or heard from him in days.
She couldn't think of any reason that he would want to run away.
She wasn't on bad terms with him and there was no recent problems at home or with any of
his friends that she could think of.
According to police reports, Barbara did say that Dan had given Brian an ultimatum recently.
He had to get a
job or move out. And the deadline for that was July 9th.
But according to later reporting by Rochester newspaper, the Democrat and Chronicle, Barbara
characterized the ultimatum as more of a joke than a serious warning. And they actually
teased him about counting down the days. She said, quote, we told him he had to get a job,
but we weren't fighting or anything. We told him he had to get one in a week, but we didn't say he had to move
out if he didn't." Barber led investigators know that her son regularly used cannabis
and alcohol, but police reports don't seem to indicate that he ever struggled with a substance
use disorder. It seems like it was just casual, recreational use. But other than that, she couldn't
think of anything that would possibly be related to his sudden vanishing.
While the Sheriff's Office was launching its own investigation into Brian's disappearance,
Barbara and Dan were continuing theirs. In the following days, they returned several
times to letting Tin Avenue where Brian's car was found and walked the nearby trails
looking for any clues.
They even recruited friends and family to help in their searches, but nothing turned up.
Here's investigator Phil Trubia with the Monroe County Sheriff's Office.
He's been involved in the investigation since its early days.
I believe that Barb was just following her motherly instincts and just doing everything she could
I believe that Barb was just following her motherly instincts and just doing everything she could to try and lead or to suggest to police that something more sinister was involved.
If it was in fact involved, other than just finding the car abandoned somewhere.
Since their search of Lettington Avenue found nothing, Barbara and Dan turned to technology. They logged
into Brian's T-Mobile cell phone account, and that's when their hearts really sank. His
records indicated that his phone hadn't been used since early in the morning on July
8th. Barbara called the Sheriff's Office to let them know about this discovery.
Jaws of Let Investigators know that she'd done some snooping around at home and found that all of Brian's toiletries were still there, along with an uncaged $700 check made
out to him.
To her, this is more evidence that Brian didn't just up and run away.
Barbara reiterated to investigators that her son wasn't diagnosed with a mental illness
and he'd never tried to hurt himself.
So she thought suicide was off the table too.
Detectives of the Sheriff's Office wanted to know more about Brian's phone usage,
particularly who his last call was to and where it was made from.
So on July 13th, they reached out to T-Mobile and filed a request for his phone records.
And while investigators were waiting for those, other Sheriff's Office personnel
were headed to the area where Brian's car was found to launch a full-scale search for Brian.
Now the Gates Police Department had done a search of their own when Brian's car was found
on July 8th, but this was the first official search after Brian was declared missing.
The Sheriff's Office scoured the area on foot, even broke out the big guns, the canine unit,
but nothing showed up. Since nothing notable was found on Letington Avenue, a deputy went to the
Sullivan's home and searched there for clues. He inspected Brian's car and his bedroom for anything
that Barbara and Dan might have missed, but the search didn't turn off anything helpful.
Later that same day, investigators heard back from T-Mobile.
They said that Brian's phone hadn't been on for the past two or three days, and his last
call was made at around 6am on July 8, and that call hit a tower in the churchville area,
which is just a few minutes outside of Chylai.
And it was made to Tim McDonald, that's Brian's long-time best friend.
Detectives got a hold of Tim and asked him if he knew anything about Brian's whereabouts.
He said that the last time he talked to Brian was around 10 p.m. on July 7th.
Tim was hanging out with his girlfriend when Brian called and asked him what he was doing.
They chatted a bit.
Brian told Tim that he was with a friend on his way to buy some cigarettes and that he'd
just been hanging out at Tim's uncle's house, watching a movie.
Investigator Trubia told our reporting team that it seemed like Brian hanging out with
Tim's uncle was actually a normal thing.
I mean, Brian and Tim were close enough that Brian often went to their family gatherings,
so it's likely that this would have been nothing out of the ordinary.
Brian and Tim's whole conversation that night was only a couple of minutes long, and that
was the last time Tim talked to him.
But it wasn't the last time he heard from him.
Tim said that he had also received two voice mails from Brian early on July 8th.
The first message left was at around 3 a.m.
And it was Brian saying, quote,
this is the realm.
This is the realm.
This is the realm."
End quote.
The second message left was around 6-10 a.m.
And it was Brian saying, quote,
this is just a preview.
End quote.
Now both of those to me are totally out there, but it's actually not as weird as you think
when you dig in.
Because Tim said that those were lyrics to a song that he and Brian were trying to write.
Investigators asked Tim what he thought happened to Brian and he said that he wouldn't put
it past him to just take off and change his identity.
Tim said that because of the recent pressure from Brian's parents to get a job, at first,
he thought he might have just taken off to prove a point.
But, Tim said that he would have definitely called him by now, just to let him know that
he was okay, but that call had never come.
So Tim now thought that something more serious might have happened to Brian.
After talking with Tim, investigators felt like they had a better idea of Brian's personality
and habits, but they were no closer to finding him.
So they continued their investigation.
They went to the Burger King that the receipt in Brian's car was from and talked to an employee
who remembered Brian coming through the drive through that morning.
They said Brian appeared to be alone in the car and they didn't have any other helpful
information.
On July 13th, investigators were notified that Brian missed a probation appointment.
He was on probation for burglary and missing an appointment was something totally out of
character for him.
Detectives went and talked to his probation officer who said that Brian had been doing really well
with his probation and showing up to all his check-ins,
but he did say something that raised some eyebrows.
He said that Brian was trying to get his probation
transferred to Memphis, Tennessee,
where his sister lived.
But his sister says that she hadn't seen
or heard from Brian recently,
so it seemed like that wasn't the reason for his sudden disappearance.
At this point, Brian had been missing almost an entire week, and investigators felt like
they were no closer to finding him.
Over the next week, detectives kept returning again and again to the area Brian's car was
found in in gates.
They were conducting searches, expanding their
perimeter, searching more and more, but all of their searches turned up nothing. They went
knocking on doors in the area, asking if anyone had seen anything, but everyone they talked
to said they hadn't seen anything suspicious. On July 18, Brian's disappearance hit the
news with a plea from his mother. The Democrat and Chronicle quoted Barbara saying,
Come home, just come home, we're not mad. About two weeks after Brian was last heard from,
the Monroe County Sheriff's Office got a promising tip.
A woman called in and said that she thought she'd seen Brian on July 23 at a Wegman's grocery
store, which is a 30-minute drive south of Chilai.
Investigators went to the Wegmans and got security footage.
They found the man that the caller had seen, and it sure did look a lot like Brian.
In fact, it looked so much like him that investigators asked Brian's parents to look
at the footage to see if they thought it was him.
But Barbara and Dan said that the man in the video wasn't their son. It was
disappointing, but the very next day investigators got another tip. And this one was the biggest
tip they'd received yet. Someone called into crime stoppers anonymously, saying that Brian
had been stabbed to death by a man named Derek Murray. The caller said Derek also went
by the nickname Black.
Since the tip was anonymous, there was no way to know
if it was reliable or not, but investigators weren't taking any chances.
For days, investigators tried to track down this Derek Murray guy.
They found some of his relatives and told them
that they wanted to talk to Derek about the Brian Sullivan case,
but the relatives claimed that they didn't have
any way to contact Derek.
But apparently, someone knew how to get in touch with him
because the next day investigators
got a call from Derek himself.
He told detectives that he was willing to talk
and they could swing by the local barbershop
that he worked at to have a conversation.
Investigators wasted no time and headed straight there.
Now, detectives didn't tell Derek that someone had implicated him in Brian's disappearance
or potential murder.
They just told him that someone had seen him with Brian shortly before he went missing.
And they just wanted to know if he had any information that could be helpful to their investigation.
Derek said that he knew Brian was missing, he'd actually seen his face on the news, but he didn't actually know Brian all that well.
And he said he didn't have any information about his disappearance.
He said that they knew each other from a local bar called the Chilai Inn, and they'd
hung out to smoke and drink together before.
But beyond that, Derek didn't say he knew anything helpful.
But police weren't buying it.
After meeting with Derek, they went to his girlfriend's apartment, where he had been
staying recently.
Detectives knocked on the door and his girlfriend answered, but she refused to let them come
inside and take a look around.
Investigators tried to talk to Derek's girlfriend a week later, but she was still uncooperative
and wanted nothing to do with the investigation.
Now detectives didn't have enough probable cause for a search warrant at this point, so
they decided to move on.
But later that month, another tipster came forward, and this tip was also about Derek.
The tipster said that he heard from a friend that Derek and Brian were doing drugs together
one day when, for some reason, a fight broke out.
Derek got so angry that he stabbed Brian to death, buried his body somewhere, then paid
someone $30 to dump the car.
He said that Derek confessed to the murder to a man who we're going to call Rex, and
then Rex then told someone else who told the tipster.
Now, this sounds like a long game of telephones, so probably not a super reliable tip.
But this was the second time they'd heard Derrick's name brought up.
Also the second time they hear about him stabbing Brian.
So after talking with the tipster, investigators went to Derrick's workplace
to try and talk to him again, but this time he wasn't there.
And they got the impression it wouldn't be easy to find him. According
to police reports, other employees of the barber shop told them that Derek had actually
moved to Orlando about a week and a half or two weeks ago because of some problems he
was having. But they wouldn't elaborate on what those problems were. It's unclear whether
investigators tried to reach Derek in Orlando, or if it was even true that he
moved there at all.
But it seems likely because they didn't hear from him for a few months.
But that wasn't the last time they heard his name.
In September, another tipster came forward and said a man named Rex told her that Derek
killed Brian.
Rex said that Brian and Derek were doing drugs together, Derek got angry so he hit
Brian in the head and killed him.
Now since two people say that they heard a story from Rex, investigators decide to track
him down to get the story straight from the horse's mouth.
Later that month, they found Rex, and they asked him some questions about Derek and about
Brian, but Rex said that he didn't know anything.
He claimed that he never had any conversation with Derek about Brian, and he flat out denied
having any knowledge about his disappearance.
Investigators went and talked to Rex again in October, but he still denied knowing anything.
And with that, the investigation went from a slow roll to a screeching halt.
While detectives were trying to keep Brian's case from going cold, Barbara and Dan were
left picking up the pieces, hoping their son would come bursting through the front door
at any moment and everything would go back to normal.
They missed his personality and his jokes.
Investigator Trubia said Brian had this dry sense of humor and was known for being hilarious,
and he was also a talented dedicated musician. He liked all kinds of music.
He had recently prior to going missing,
he had ordered a bunch of audio-producing equipment,
like music equipment, and was planning on
trying his hand at creating music or producing music.
He was into the rap genre at the time and
that was kind of what was driving him at his age. He was constantly writing down
like his thoughts in little little note pads that would pop into his head and he
had all kinds of little note pads where he had wrote down lyrics, they thought were good.
It wasn't until January of 2008, six months after Brian disappeared, that investigators caught a break.
They got word that Derek was back in town working at a barber shop.
Detectives went to the barber, found Derek, and pulled him aside for a conversation. And for the first time, they let him know that he was
officially a suspect in their investigation into Brian's disappearance. But once again, Derek denied
any involvement or knowledge of Brian's whereabouts. Over the coming several months,
investigators suspicions surrounding Derek grew. More and more people came forward saying that
Derek had confessed to murdering Brian.
They'd either heard it from someone else, or Derek himself had told them.
And every tipster's story was virtually the same.
Derek and Brian were doing drugs together, some kind of fight broke out, and then Derek
stabbed Brian.
In June 2009, investigators tried going back to Derek's girlfriend's apartment, hoping
that she had a change of heart and would be willing to talk to them, maybe let them take a look around.
But when they knocked on the door,
they were greeted by a new resident,
who said that she had moved in
around the end of April, maybe beginning of May.
They asked her if she noticed any blood stains
or unusual damage to the apartment when she moved in.
And she said, you know what,
there actually was something that I found really
odd.
The new tenant said there was one large, dark stain in the bedroom area. And she invited
detectives in to take a look at the stain for themselves, and they agreed it did look suspicious.
The new resident in the landlord agreed to let crime scene technicians come and collect
whatever they needed.
The technicians went and got samples from the stained carpet and some samples of dark substance
found on the bedroom wall.
They sent all of that off to the Monroe County Public Safety Lab for analysis, and the results
came back quickly for once.
No blood detected.
After that, the investigation seemingly hit a wall again.
In August 2009, someone thought they saw Brian working at a hotel in Niagara Falls.
Investigators asked the Niagara Falls Police Department to go check for Brian at the
hotel, and they actually found the man that the tipster was talking about.
According to police reports, the guy did look a lot like Brian, but he wasn't Brian Sullivan.
Again, in April of 2010, someone called in another sighting of Brian.
But this tip was a bit different.
A woman who will call Kendall told investigators that in 2008, she had taken in a person experiencing
homelessness who closely resembled Brian. The man said that his name was Michael Alexis, but he'd been arrested once under the name
Samuel.
Kendall said that she lived with the man for about two months before he took off on a bus
to go to New York City.
Kendall gave photos of the man to investigators who then showed the photos to Brian's family,
but once again, it wasn't him.
Later in 2010, Brian's case was featured in an episode of Psychic Kids on the A&E Network.
And that feature did generate a new tip.
A woman in North Carolina saw the episode
and called the sheriff's office saying
that she thought Brian might be in a quaintance of hers.
She gave police the guy's Facebook page
and the profile picture again did pretty closely resemble Brian, but sure enough, it wasn't him, just another dead end.
By 2011, investigators were convinced Brian wasn't out there living another life. Something
bad had happened, so they renewed the search for his remains. They expanded that search perimeter
and searched in places that they hadn't
before using cadaver dogs. And on July 30th, investigators thought they might have found something.
Along the railroad tracks, beside Chilai Avenue, investigators found a partial vertebra.
They were hopeful at first, but they quickly determined that it was animal remains, not human.
But moments after finding that vertebra,
about 10 feet from the tracks,
two different cadaver dogs indicated
that they smelled possible human remains.
Searchers didn't immediately see any remains,
so they came back another day with the same two dogs,
and again, they both indicated the scent
of human remains in the same spot.
So a few more days later, detectives did a follow-up search with two dogs that hadn't participated
in the previous searches, but neither of them indicated the smell of human remains in that
exact spot.
One of them seemed interested in an area about 40 yards away from the spot, and the other
was also interested in a spot like 15 feet away?
So investigators organized a thorough search of all of the areas.
And for hours, crews searched and searched,
but no human remains were found.
Over the next few years, investigators honed in on Derek.
They knew in their gut that he had something to do
with Brian's disappearance.
So they started surveilling him.
On several different occasions,
they staked out Derek's workplace,
hoping that they'd see something that would at least
be a piece of the puzzle that they needed to charge him.
Investigator Trubia was assigned to the surveillance unit
at that time, and he went on several
of those surveillance details.
Even from afar, Investigator Trubia got the feeling
that Derek was hiding something.
My impression of Derek was that he was he was bearing a heavy burden.
He made either made a horrible decision or was possibly defending himself, killed Brian
Sullivan, and wanted to be free of that burden, but was afraid to come forward to law enforcement.
That's my opinion.
The surveillance didn't stop at stakeouts.
The Sheriff's Office put wires on confidential informants and had them go talk with Derek.
For security reasons, the Sheriff's Office didn't want to get into how many confidential
informants were used or what information they gathered.
But it was enough for police to be confident that Derek was their guy.
By summer 2016, they felt that they
had probable cause to arrest Derek for Brian's murder, but without knowing where Brian's
remains were or knowing more specific details about the murder, they knew prosecution would
be virtually impossible. So the Sheriff's Office and the County DA's office hatched a plan.
They had evidence to prove Derek was committing another crime, welfare fraud.
He was collecting welfare payments while also working at a barbershop and not disclosing his wages.
So investigators decided that they would arrest Derek for that crime,
and while they had him in custody, they would interview him and try and figure out where he hid Brian's remains.
The paperwork was all lined up for the arrest, and the plan was for all of this to go down
in August 2016.
But literal days before the arrest was planned, the unexpected happened.
On August 15, Derek died of a heart attack at age 49. Derek's death must have been a crushing blow for investigators
and Brian's family, because it meant that he could never be held accountable for taking
another life. But, on the other hand, investigators knew that those with information about the murder
and the location of Brian's remains might now be more willing to talk since they
don't have to fear retribution from Derek anymore. Police reached out to several of Derek's
relatives hoping someone would cooperate now that he had died, but none of them provided any
useful information. So on August 26, same year, 2016, the Sheriff's Office held a press conference
announcing that Derek Murray was the only
suspect in Brian's murder and they were asking anyone with information or knowledge of the
crime or the location of Brian's body to contact them.
This actually generated a few tips, people saying that Derek confessed the murder to them,
but nothing that helped them locate Brian's remains. In 2017, Brian's murder was officially reclassified
as closed by death of a fender,
but his missing person's case is still active
and ongoing to this day.
We asked investigator Trubia what he thinks happened
to Brian on July 8th, 2007.
I believe he was hanging out with Derek Murray.
Their paths crossed. I don't think it was hanging out with Derek Murray. Their paths crossed.
I don't think it was anything crazy to begin with.
A physical altercation occurred.
It could have been self defense on Derek Murray's part.
It could have been where Brian was the aggressor.
I don't know those facts.
But once that physical altercation occurred, I think that Derek Murray either made
it, you know, a very bad decision or was self-defending himself. And Brian was killed and then
he was taken from this house somewhere off of Chilay, I don't know, and moved to a different location that we don't know of.
And then I believe that friends and family of Derek and Murray know information. know where it happened exactly. Know where Brian was moved to.
At the very least, I know somebody knows who moved.
Brian's car.
It wasn't Brian that moved.
It was somebody else that moved it there.
So there's a lot of people out there that know
what's happening, what happened.
And they cannot be charged with providing information
now that it's point.
They can just tell us anonymously if they want
or they can even collect a reward
as far as finding where Brian is right now.
People out there know, and hopefully they're listening, and they can
provide that information to the Sheriff's Office or to even the Brian's parents.
Obviously, we would mean the world to Brian's parents. They've been so frustrating knowing how
how we died and who did it. They want nothing more than to know where Brian is now
and who did it, they want nothing more than to know where Brian is now so that they can have closure and more importantly peace.
They just want to be able to, whenever every time I talk to the solvents, they just want
to bring Brian home.
That's what they say to me, time and time again.
It's been 15 long years since Barbara and Dan have seen their son.
Although they believe beyond a reasonable doubt who harmed Brian, they are still waiting
for the closure bringing him home.
If you know anything about where Brian Sullivan's remains are hidden, please speak up.
You can call the Rochester Area Crime Stoppers and remain completely anonymous.
This will give the family closure. Call crime suffers at 585-423-9300. Or you can call
the Monroe County Sheriff's Office directly at 585-753-4177. Brian's parents are offering a $2,500 reward.
The Deck is an audio chuck production with theme music by Ryan Lewis. To learn more about the Deck, visit thedeckpodcast.com.
So, what do you think Chuck?
Do you approve?
And what do you think, Chuck?
Do you approve?
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