Found Deceased TX - Thomas Brown, 18, Hemphill County, 23 Nov 2016 #2

[Nehalem20]

I would suspect the GJ is probably being convened to determine if there is enough evidence to indict ... umm, let’s just call them Suspect X.

I think the key to solving this case has always been what happened between the 11:28 pm and ~12:10 am.. the time between the debit card payment at the gas station and when it is likely TB cell phone is turned off. A proper investigation would have determined the alibis and locations of anyone who knew Thomas within that 40 min window, but I see no evidence that this was done.

It seems pretty clear that the cell phone was placed shortly before the search of that area began, perhaps in an effort to prevent the discovery of the body further down the road. Given that the only people who were given knowledge of that before the search began was law enforcement, it is reasonable to assume the phone was in the possession of someone within or in confidence to someone in law enforcement.

But is there enough evidence to get a conviction?

I am also wondering if an investigation was done into how far the Durango could have made a round trip. I find it very unlikely the car was left idling.. why for one thing and exhaust on a cold night could be seen and attract attention.

That said - this is my totally amateur, I have no training in this what so ever, grain of salt profile of the suspect:

I would guess a young white male, probably under 40, likely with a history of violent temper.

He would have a good working knowledge of body decomposition, but not enough to get rid of a body via chemical means. Note: I do not believe the body was dumped that night. The perpetrator likely has a large freezer that would have been capable of holding a human body the size of TB.

An avid and seasoned hunter.. the body was dumped along a game trail I believe. The perpetrator would feel comfortable and confident here and had knowledge of the local game trails.

Possesses familiarity with local law enforcement and their investigative practices.

 

[OutWest]

Nehalem20 ... I concur with much of what you say. I believe that there are more than one involved who were directly responsible and more that one who are indirectly involved. I believe that with at least one who was directly involved there is a history of some level of sociopathic violent behavior and very possibly regular drug use. I don't believe that it was "good guys" pulling an innocent prank that simply "went wrong". IMO the significant effort that they undertook to hide the crime is, in itself, clear evidence of criminal intent that demonstrates a flawed personality with sociopathic tendencies.

I believe that Tom was already incapacitated by the time that his mother and brother texted and called. I can think of no logical reason that Tom would turn his phone off on his way home, never. In fact, Tom answered a text from his former girlfriend at around 11:40 but failed to respond to her subsequent text(s) a few minutes later. Somebody other than Tom who had possession of the phone turned it off in order to silence the texts and phone calls ringing in and possibly to minimize potential tracking. Somebody other that the killers gained possession of the phone at some point, likely the morning of November 25. The vehicle reportedly had approximately 3/4 tank of fuel when found which would indicate that it was driven approximately 70 miles, give or take. Two round trips to (and around) the Lake Marvin area would entail close to that mileage.

IMO, the body was discarded that night. They would want to get rid of the body FIRST, then as second thought scatter the other items. There is a lightly traveled short two-track trail close to where the remains were found. Handy, especially on a dark night with thick timber and brush. The killers were obviously in a panicked state due to the wide area that items were scattered in random fashion.

Regarding how many people knew where the search would take place, a LOT of people probably knew where the search would take place. Sure, Klein only notified a few in LE, Fire Dept., etc. ..... but those kind of secrets don't stay secret for long in a small town. Also, the 125 volunteer searchers were notified at some point prior to the search to meet in early morning at the beginning of Lake Marvin Road. It wouldn't take much brain power to figure out that the search would entail Lake Marvin Road. Even if the search location were kept totally secret, those who had possession of the phone already had knowledge of where other items were scattered (or found) and would be able to logically ascertain where the search would take place.

 

[Nehalem20]

“IMO, the body was discarded that night. They would want to get rid of the body FIRST, then as second thought scatter the other items. ...”

Regarding how many people knew where the search would take place, a LOT of people probably knew where the search would take place. Sure, Klein only notified a few in LE, Fire Dept., etc. ..... but those kind of secrets don't stay secret for long in a small town.”

In regards as to when the body was dumped, I can see your theorized scenario as much as mine. I have also wondered just how fast the rumors of the search spread through the town before it commenced as well.

As well, I also don’t believe this was an accident. This theory seems to come from Klein and I can see why.. where is the motive? Who would want to kill the favorite son of a small Texas town? But there is very clear criminal intent from the evidence. I have tired to steer myself away from diving too much into supposition and theory, but my intuition keeps telling me there was a sexual motivation to this crime, if only because I feel it kind of fits with the lack of other evidence of motive.

 

[OutWest]

This theory seems to come from Klein and I can see why.. where is the motive? Who would want to kill the favorite son of a small Texas town? But there is very clear criminal intent from the evidence.

Definitely, the absence of a known motive is an element that makes many parts of this case "not make sense"; but there is a motive, we (public) just do not know at this time so we just put theories together to try to make something fit. When a motive is discovered it will make a little more sense.

What circumstances could possibly be present that would drive somebody to murder a popular high school student who had no criminal record whatsoever, no apparent involvement in “questionable” activities or with “questionable” people? The typical law abiding citizen is not mentally or morally capable of committing heinous acts such as murder. Therefor they have a difficult time fully understanding that sometimes the factors that drive such behavior are comparatively trivial by most standards. For that reason it is difficult for some to accept that there are those among us who are capable of such acts for little reason, even in small close knit towns.

Statistically, most murders occur due to conflicts within a “circle” of individuals (known to each other) who have criminal histories involving drug use, drug sales, theft, and other crimes and illicit behaviors. Conflicts arise, somebody dies. Many other murders happen during the commission of another crime such as robbery, burglary, kidnapping, assault, or sexual assault and are perpetrated by individuals who typically have a previous criminal history. Sometimes these individuals commit murder in order to eliminate a witness or somebody with incriminating knowledge. A smaller percentage of homicides occur when persons with little or no past criminal history become subject to some “conflict of social circumstance” involving uncontrolled anger, jealously, fear, lust/love, control, resentment, or greed. A very small and minute percentage of murders occur as random acts with no apparent motive and no relationship with the victim (serial). What is obvious in this case is that there is no evidence or indication whatsoever that Tom or his immediate social circle of friends were involved in or had any past history of any questionable, illegal or illicit activities. Quite to the contrary. I believe that Tom was essentially an innocent victim, but not a “random” victim. IMO the motive lies with the "conflict of social circumstance" as described above.

 

[Nehalem20]

... I believe that Tom was essentially an innocent victim, but not a “random” victim. IMO the motive lies with the "conflict of social circumstance" as described above.

I’m curious what leads you to believe the body was dumped that night? Is that typical of this type of crime?

My thoughts of the body being dumped later on is based on that it seems to me the perpetrator wasn’t panicking and felt in control. With as much care as to not leave physical evidence in the Durango, dumping the body that night might be taking a big risk that the body would be discovered before decomposition would eliminate forensic evidence.

Considering when the car was abandoned at the water treatment plant, if it was in fact urine next to the car, that says to me the person who put the car there wasn’t in an awful hurry to get away when they got out of the car.

As an aside, in late November was also in the middle of hunting season. I wouldn’t argue that this would point to when the body was dumped, but that the perpetrator was an avid and seasoned hunter: a game trail would be recent in their mind.

I would also add another point to my profile that the suspect would be someone who could be out all night without this raising suspicion: so this would be either a single person who lives alone or has a job that involves overnight working hours.

 

[nannymo]

Nehalem20 & OutWest......ya'll are awesome! Great ideas. I feel Tom's body was never in the Durango. That's why I think 2 were involved at least in the cover up. OutWest your explanation of the "conflict of social circumstances" is intriguing! If we just knew what that social circumstance was we could solve this case!! Keep up the great debate! Love your posts!

Nehalem20-welcome to this case. You have some great insight into this case!

 

[OutWest]

I’m curious what leads you to believe the body was dumped that night? Is that typical of this type of crime?

Obviously I don't know for sure; just trying to look at the big picture and think what would be "typical" behavior for persons in that situation.

First, they had just committed the awful act of murder. That would not be something pleasant to witness for most. I think they were very, very panic stricken, nervous, and emotional .... not only about the murder experience but also about the possibility of getting caught. Tunnel vision would set in and they would be have no mental capacity to be able to plan into the distant future about how they would later manipulate evidence; their panic stricken focus would be totally on addressing the present issues. All discarded items were found close to Lake Marvin Road (which indicates their haste). In order to keep from getting caught, they simply needed to accomplish three things: 1.) get rid of the body as soon as possible, 2.) get rid of the vehicle, and 3.) get home before sunrise and before many people began moving about. In my estimation the only reason that they would still have possession of the vehicle 6 hours after the fact is that they used it to transport the body then needed the vehicle to "hide out", then eventually to get back to town when they live. I think that after the initial searches ceased, the driver dropped an accomplice(s) off in the area near Alexander's Deli at around 5:30 am then proceeded to the water treatment area where it was abandoned at around 6:00 am, at a location just a convenient 1/4 mile from a residential area on the other side of a small hill.

There is virtually no way that persons can spend a traumatized 6 hours in a vehicle without leaving a lot of trace evidence in and on the vehicle. The most frustrating part of this case is how the HCSO managed to destroy and contaminate that evidence. Unbelievable.

I apologize for the long winded explanation but there are a lot of elements and factors to consider.

 

[nannymo]

OutWest, do you think there would still be evidence in the Durango from Tom's body? Do you believe Klein when he says there was a lot of blood traces in the Durango or do you think it was paint?

 

[OutWest]

OutWest, do you think there would still be evidence in the Durango from Tom's body? Do you believe Klein when he says there was a lot of blood traces in the Durango or do you think it was paint?

I don't know the answers to those questions.
There is definitely Tom's DNA still in the vehicle; he drove it everyday. But I'm not sure about cadaver scents. Its been over 4 years since Tom's disappearance, so cadaver scents may or may not still be present. However, in the case of scents, you are relying only on a dog. Confidence in a dog is dependent on how confident the handler is in the dogs ability as well as how competent the handler is in working with a particular dog. That is why Tracey Sargent is in demand; she and her dogs have proven to have a high degree of accuracy over time. However, at this point, a cadaver go "hit" would not provide investigators with any information that is not already known.

I honestly don't know what to think about the the controversy regarding the blood evidence in the Durango. Klein said that his results were verified by and outside firm (I don't recall the name). BUT he did not say that samples were proved to be blood by a certified forensic lab. Yet he darn sure knows that must happen after luminol tests. His failure to positively state that he followed up with lab tests makes some suspicion in my mind. On the other hand, Rachel Kading was not clear either whether AG took a number of samples or whether her opinion was based on actual lab forensic tests.

 

[Nehalem20]

In my estimation the only reason that they would still have possession of the vehicle 6 hours after the fact is that they used it to transport the body then needed the vehicle to "hide out", then eventually to get back to town when they live. I think that after the initial searches ceased, the driver dropped an accomplice(s) off in the area near Alexander's Deli at around 5:30 am then proceeded to the water treatment area where it was abandoned at around 6:00 am, at a location just a convenient 1/4 mile from a residential area on the other side of a small hill.

There is virtually no way that persons can spend a traumatized 6 hours in a vehicle without leaving a lot of trace evidence in and on the vehicle. The most frustrating part of this case is how the HCSO managed to destroy and contaminate that evidence. Unbelievable.

I apologize for the long winded explanation but there are a lot of elements and factors to consider.

Very interesting points to consider. I would agree that the perpetrator still in possession of the car for 6 hours, a very long time really, is a very important factor in creating a timeline.

Other thoughts I have on the car: I think we can still gleam a few clues from the car, even if the evidence was tainted. No one was engaged in any kind of struggle: no mention of damaged inferior panels from let’s say kicking. Also no smell of chemical cleaning, which would surely still be present a few days later. I recall in one of the TB’s body podcast episodes, it was said that the cadaver dog did hit on the Durango. I looked up how long a dead body would have to be on a material such as carpet for the trained dog to signal; it was as short as 2 mins. While it might be possible for a scent of a dead body to be transferred to the perp, who could then transfer it to the car, it seems very likely that TB’s dead body was in the Durango that night.

Another thing to consider is why was the backpack dumped but not the phone? I think it’s very possible that whomever turned off the phone, might have engaged muscle memory kind of behavior.. turning it off and then putting it in their pocket and forgetting about it. This also potentially lends to your accomplice theory: one of the perps disposed the body and backpack, and another accomplice was in possession of the phone, or in some combination there of.

 

[OutWest]

Very interesting points to consider. I would agree that the perpetrator still in possession of the car for 6 hours, a very long time really, is a very important factor in creating a timeline.

Other thoughts I have on the car: I think we can still gleam a few clues from the car, even if the evidence was tainted. No one was engaged in any kind of struggle: no mention of damaged inferior panels from let’s say kicking. Also no smell of chemical cleaning, which would surely still be present a few days later. I recall in one of the TB’s body podcast episodes, it was said that the cadaver dog did hit on the Durango. I looked up how long a dead body would have to be on a material such as carpet for the trained dog to signal; it was as short as 2 mins. While it might be possible for a scent of a dead body to be transferred to the perp, who could then transfer it to the car, it seems very likely that TB’s dead body was in the Durango that night.

Another thing to consider is why was the backpack dumped but not the phone? I think it’s very possible that whomever turned off the phone, might have engaged muscle memory kind of behavior.. turning it off and then putting it in their pocket and forgetting about it. This also potentially lends to your accomplice theory: one of the perps disposed the body and backpack, and another accomplice was in possession of the phone, or in some combination there of.

I agree. I think the phone was "misplaced" during most of the ordeal, otherwise it would have been tossed aside as well. Also the perps failed to take another vehicle along which caused them to have to stay with the Durango and use it to get back to town. Otherwise the Durango would have been abandoned at a remote location from town. Just another indication that they were in a panic state and not thinking/planning ahead.

 

[Rush4087]

I agree. I think the phone was "misplaced" during most of the ordeal, otherwise it would have been tossed aside as well. Also the perps failed to take another vehicle along which caused them to have to stay with the Durango and use it to get back to town. Otherwise the Durango would have been abandoned at a remote location from town. Just another indication that they were in a panic state and not thinking/planning ahead.

I think LE's way-too-early request of Penny (which they later denied making) that she provide the 4 digit passcode to Tom's cell
phone (assuming she knew it) speaks volumes as to who might've had the cell phone. I think the perp(s) desperately wanted to gain access. Jmo

 

[OutWest]

I think LE's way-too-early request of Penny (which they later denied making) that she provide the 4 digit passcode to Tom's cell phone (assuming she knew it) speaks volumes as to who might've had the cell phone. I think the perp(s) desperately wanted to gain access. Jmo

Absolutely Rush4087. There is also the mysterious missing photo of Tom pumping gas on the night of 11/23/2016.

 

[BigTexas]

What damning evidence do you feel was on that cell phone?

 

[OutWest]

What damning evidence do you feel was on that cell phone?

IMO, due to the way the incident went down, the killers shut the phone off themselves nearly immediately (~12:10 am). Therefor there would likely be no incriminating evidence on the phone other than potential GPS data. However, any person(s) involved in providing cover would have very much preferred to check the phone themselves to be sure that there was nothing on the phone that would incriminate. It is possible that the desire for the passcode was simply an attempt at precaution on the part of those providing cover.

Later, after carrier tower data became available, it would become obvious that there was nothing incriminating in texts or emails during the short time period. At that point there was no further need or desire for the passcode. However, the alleged request for the passcode would later come back to "haunt".

In reality, memories do fade and people do sometimes get confused over past details. But we must also realize that people involved in crime always misstep along the way which frequently leads to a convenient sudden development of acute memory loss. It is odd to me that there was apparent sudden memory loss regarding the request for the passcode and the mysteriously vanishing photo of Tom pumping gas.

 

[BigTexas]

Do you think he was pumping gas because he was going somewhere further away or do you think he was just low on gas?

 

[8th Bob-White]

Tom had asked his mother for her debit card so he could get gas before he left for the evening. I think he simply just needed gas with no plans to go anywhere.

 

[nannymo]

Are any of you following the Lori Vallow Daybell case? In case you are not....LE is able to show their 2 suspects at the burial site of the 2 children they supposedly have just buried. They have GPS co-ordinates and times that put them at the site together.

So why can't the FBI/Tx. Rangers/LE use this technology and be able to pin point what the GPS coordinates are, WHEN was the phone turned on, and what other phone was close by?

I guess what I am trying to describe is Suspect #1 turns the phone on at some point. Wouldn't LE be able to tell the GPS co-ordinates and see who else is within a certain perameter? That should give them something to run with I would think!

 

[OutWest]

Are any of you following the Lori Vallow Daybell case? In case you are not....LE is able to show their 2 suspects at the burial site of the 2 children they supposedly have just buried. They have GPS co-ordinates and times that put them at the site together.

So why can't the FBI/Tx. Rangers/LE use this technology and be able to pin point what the GPS coordinates are, WHEN was the phone turned on, and what other phone was close by?

I guess what I am trying to describe is Suspect #1 turns the phone on at some point. Wouldn't LE be able to tell the GPS co-ordinates and see who else is within a certain perameter? That should give them something to run with I would think!

Very good points, nannymo. Cell phone data helps nail criminals very frequently these days. I recall that Sergeant Kading made a comment that there were too few cell phone towers in Canadian to accurately triangulate a position. Regardless of how unprecise the local equipment is in pinpointing a location, I would think that a complete "tower data dump" could indicate which phones in Canadian were moving about at that time and throughout the night. As you point out, the data should indicate which phones were in close proximity to Tom's phone at the time that Tom's phone was turned off.

In view of all of the above, if investigators have more cell tower evidence, they will NOT disclose that publicly. DPS and FBI forensic capabilities are extensive and AG investigators have full access. We don't know the extent of what evidence they may already have. For that reason I think there may be some surprises within the closed doors of the Grand Jury. I hope so.

 

[nannymo]

I need to go check the data, but something makes me think they retrieved some data from satellite images along with the phone data. I could be wrong, but oh what a great find that would be!