GUILTY VA - Tina Smith, 41, slain, 12yo daughter abducted, Salem, 2 Dec 2010 - #7

[passionflower]

hurting all over..............even my bones..........doc appt..........pregnant?
It will work out? everything is for a reason......all the I Love you???
shopping???
Oh LORD, please not this to deal with also!!!

 

[belimom]

Thanks, passionflower.

Yes, it was probably JE I would think. What just kills me is how Btittany's little hands are so childlike in that particular pic. She was just a little child after all and that changed that. :furious:

My goodness... she's wearing Silly Bandz... she's still just a kid...

 

[belimom]

What makes you think she actually went to the doctor? Just because she presumably posted something on the internet doesn't mean she went to the doctor.

I don't know. Which is why I posted the OTOH part...

 

[lishac23]

Thanks, passionflower.

Yes, it was probably JE I would think. What just kills me is how Btittany's little hands are so childlike in that particular pic. She was just a little child after all and that changed that. :furious:

she had on wacky bands for goodness sake...

 

[x_files]

IS it possible that TS had kicked JE out and this "hurt" was a broken heart. Whatever feelings she may have thought she had for JE, she might have felt "hurt" that he was gone. To a 12 year old, those feelings could be dramatically described this way. Just a thought.

Maybe TS was taking her to the doctor to get checked out? Suspected she was being molested ("protect us from the evils of the world")

This could have enraged/motivated JE to remove BS before she went to the doctor and her mother put up a fight. He might have been afraid that a doctor would confirm either molestation, abuse or pregnancy.
When women confront dangerous/abusive men they can get hurt or even killed. She needed the police there.

 

[Dema]

Or she had been pregnant and wasn't any longer....

Can't see him wanting any more complications than he had.

 

[duckingoff]

Something shuts you up real quick and makes you do as you're told when you are a 100lb child and hit by a 200+ lb person. Not saying that's what happened but I don't want to totally rule it out any possiblities. We may never know what that post meant.

 

[LaLaw2000]

IS it possible that TS had kicked JE out and this "hurt" was a broken heart. Whatever feelings she may have thought she had for JE, she might have felt "hurt" that he was gone. To a 12 year old, those feelings could be dramatically described this way. Just a thought.

Maybe TS was taking her to the doctor to get checked out? Suspected she was being molested ("protect us from the evils of the world")

I think so.

 

[lonetraveler]

http://www.wset.com/Global/story.asp?S=13671824

<snip>

Mike Duvall was on duty that night. Until this story broke, he had always thought Easley and Smith were a couple. He never saw them with Brittany's mother.

"They were always in here three or four times a week," he said. "They were pretty much hanging all over each other. You know... acting real lovey dovey."

According to Duvall, everything seemed normal that night except that, "It was as cold as I don't know what and she was wearing short sleeve shirt, no jacket or anything... and I was like, 'Ok...'"

Pulling up in his red Chevy SUV, police believe Easley met up with McElvy, whose car also appears in the video. Within hours, the SUV would be bought by McElvy and the warrant states McElvy's car was later found "abandoned."

AppleMart manager Debbi Paultre knew Tina Smith as well as Brittany and Easley.

While she has no issue showing the video, she finds the whole story tough to swallow.

"They were all very nice people. Very nice people. With what happened you wouldn't think so... if you knew the people," she said.


How is it that the manager knew the family but the clerk didn't?? Did he and the manager never work the same shift together or was the manager never on duty when BS and JE came in together all "lovey dovey"?

And why would McElvy "abandon" his car?? I'm sooooooo confused.....

BBM: Your post above, bolded by me, contain two of my major questions as well. This case is getting more complicated by the minute.:waitasec:

 

[lynnb]

Police identify second man in contact with Easley before he left Roanoke Co.
http://www2.dailyprogress.com/news/...entify-second-man-who-had-contact--ar-716145/
Police say this was after surveillance video captured Easley and Brittany at the Salem Wal-Mart at 8:30 p.m. on December 3rd, and after a security camera taped similar video of Easley and Brittany leaving a nearby Apple Market convenience store about an hour later.

Sounds like someone else besides McElvy was with Easley that night also

 

[JustPeachy]

hurting all over..............even my bones..........doc appt..........pregnant?
It will work out? everything is for a reason......all the I Love you???
shopping???
Oh LORD, please not this to deal with also!!!

Passionflower, my first thought when it was posted that she didn't go to school that day and she and her mother were out together. Then the final confrontation with JE at home. I hope we are wrong.

 

[passionflower]

We have heard the relatives speak, but has anyone heard Tina's friends? neighbors?
or work associates say anything???
Did they know about this JE?
Where did JE live until he moved in with Tina?
Did JE own anything when he moved in?
Did JE have a job?

 

[lynnb]

http://media.trb.com/media/acrobat/2010-12/108572200-14111051.pdf

Copy of the search warrant.... if you look on page 3 it tells you exactly who told the police that the missing items were in the SUV that Easley sold. She is listed as a "guest" of McElvy and McClure.

 

[hollyblue]

That makes me feel worse for her without a coat in that weather, if she really was sick. I can't imagine being sick and then being out there in 30-ish degree weather with no coat or jacket.

OTOH, I'm sure LE knew about the trip to the doctor, right? So why would they withhold that info from the public and say 'they went shopping' or something to that effect? Remember that?

It's also odd that the people who were accessing the sites by IPhone didn't bring it up...???

We were savvy to all of them except that one post???

 

[passionflower]

McElvy and McClure everything in warrant says AND????
Was McClure with McElvy during all of this also???

 

[hollyblue]

Just catching up. seems I missed a lot.
If I had to guess, I would say the "informant" is someone who was rustled up in the drug bust the other day. What better way for LE to get info than get a bunch of druggies together and start offering deals to the ones that talked.

I've only skimmed the drug bust over the past couple of days, but this article says 32 arrested....if IIRC they took in over 70 people....just can't find the article now!!! Dang.

http://www.newsplex.com/news/headlines/107294028.html

 

[tlcya]

http://www.wset.com/Global/story.asp?S=13671824

<snip>

Mike Duvall was on duty that night. Until this story broke, he had always thought Easley and Smith were a couple. He never saw them with Brittany's mother.

"They were always in here three or four times a week," he said. "They were pretty much hanging all over each other. You know... acting real lovey dovey."

According to Duvall, everything seemed normal that night except that, "It was as cold as I don't know what and she was wearing short sleeve shirt, no jacket or anything... and I was like, 'Ok...'"

Pulling up in his red Chevy SUV, police believe Easley met up with McElvy, whose car also appears in the video. Within hours, the SUV would be bought by McElvy and the warrant states McElvy's car was later found "abandoned."

AppleMart manager Debbi Paultre knew Tina Smith as well as Brittany and Easley.

While she has no issue showing the video, she finds the whole story tough to swallow.

"They were all very nice people. Very nice people. With what happened you wouldn't think so... if you knew the people," she said.


How is it that the manager knew the family but the clerk didn't?? Did he and the manager never work the same shift together or was the manager never on duty when BS and JE came in together all "lovey dovey"?
And why would McElvy "abandon" his car??

I'm sooooooo confused.....

BBM I am thinking if the clerk was familiar with BS and JE and the manager knew them both AND TS then it would only make sense that when in the store the behavior may have been different in front of a clerk who did not know TS than it would be in front of the manager who ALSO knew BS mother? Not sure if I am conveying my thought in the clearest way.

 

[Lysistrata]

Sometimes they'll nolle pros a charge during a plea agreement. The person will plead guilty to one or more charges if they'll drop the other(s).

The prosecutor may have not had enough physical evidence to proceed without a willing victim, or may have been concerned about proving it. Japandaaa's statement that there were several underage girls there that night I can only imagine this victim became the bad guy and was causing everyone trouble.

Since the went with contributing the delinquency of a minor I am assuming he admitted to giving her alcohol in his original statement and the sex was not provable without the girl or they could have gotten statutory rape if he had just said it was consensual.

In between my years as a child protective services worker and a mental health counselor, I worked as a paralegal. Courts are funny things (funny as in 'odd'). 'Contributing to the delinquency' of a minor is a very vague charge and might have nothing to do with what the perp actually did. The fact that his victim was out of her parents' home without their knowledge or consent would be enough to get this charge pinned on him, regardless of whether he was responsible or not for her being out. What the prosecutor did was find a misdemeanor charge to pin on AM to get him on short-term probation...slap his hand, so to speak.

When a case/charge is nol prossed, it's not dismissed...it's sort of just hanging out there in abeyance. The charges can be reinstated at a later date or new charges can be filed on the same evidence. Often, they're just left hanging with the stipulation that should the perp violate his/her probation, they'll be reinstated. My guess is that the charges against AM were just allowed to hang until the statute of limitations rendered them moot.

There's a good chance that the girl didn't want to testify and/or there wasn't enough physical evidence to convict AM. On the other hand, if his parents had any clout or pull, the prosecutor could have nol prossed the charges as a favor to them and their dear baby boy (who was 18, should have known better, etc). But the parents could have whined to the prosecutor, saying their boy was just starting his adult life, it would be such a shame to ruin him with such a vacuous charge by someone who changed her story with the blowing wind, etc. We all know people who get special treatment at times when they should have had the book thrown at them. I'll bet the charges were nol prossed for the duration of his probation so Baby Boy would have something fairly serious hanging over his head. If they had just been dropped or dismissed, that would have shown up in the court record.

I have no knowledge of Virginia's statute of limitations so I don't know if those charges could be reinstated now just to get leverage over AM. What baffles me is that they've let these two (AM and his chick) blow in the breeze, knowing that they have friends in other places and realize the seriousness of what's coming. I think, but am not sure (I'll check) that AM might have a "Felony elude" charge in his past. If that's the case, LE might want to find a reason to keep those two, especially AM) in their sights.

 

[lonetraveler]

Passionflower, my first thought when it was posted that she didn't go to school that day and she and her mother were out together. Then the final confrontation with JE at home. I hope we are wrong.

Do any of you know if TS was scheduled to be off work that Friday? I was comtemplating if BS pretended to be sick in order to get her mother out of the house for awhile and this is the time that the items were taken out of the home and put into the SUV.

 

[Dema]

In between my years as a child protective services worker and a mental health counselor, I worked as a paralegal. Courts are funny things (funny as in 'odd'). 'Contributing to the delinquency' of a minor is a very vague charge and might have nothing to do with what the perp actually did. The fact that his victim was out of her parents' home without their knowledge or consent would be enough to get this charge pinned on him, regardless of whether he was responsible or not for her being out. What the prosecutor did was find a misdemeanor charge to pin on AM to get him on short-term probation...slap his hand, so to speak.

When a case/charge is nol prossed, it's not dismissed...it's sort of just hanging out there in abeyance. The charges can be reinstated at a later date or new charges can be filed on the same evidence. Often, they're just left hanging with the stipulation that should the perp violate his/her probation, they'll be reinstated. My guess is that the charges against AM were just allowed to hang until the statute of limitations rendered them moot.

There's a good chance that the girl didn't want to testify and/or there wasn't enough physical evidence to convict AM. On the other hand, if his parents had any clout or pull, the prosecutor could have nol prossed the charges as a favor to them and their dear baby boy (who was 18, should have known better, etc). But the parents could have whined to the prosecutor, saying their boy was just starting his adult life, it would be such a shame to ruin him with such a vacuous charge by someone who changed her story with the blowing wind, etc. We all know people who get special treatment at times when they should have had the book thrown at them. I'll bet the charges were nol prossed for the duration of his probation so Baby Boy would have something fairly serious hanging over his head. If they had just been dropped or dismissed, that would have shown up in the court record.

I have no knowledge of Virginia's statute of limitations so I don't know if those charges could be reinstated now just to get leverage over AM. What baffles me is that they've let these two (AM and his chick) blow in the breeze, knowing that they have friends in other places and realize the seriousness of what's coming. I think, but am not sure (I'll check) that AM might have a "Felony elude" charge in his past. If that's the case, LE might want to find a reason to keep those two, especially AM) in their sights.

I'll do some checking at work tomorrow and see what I can find out on statute of limitations on those charges. I don't know right off the top of my head.