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

[OutWest]

What I think about is how having NL handle the case did little to help the investigation and more likely harmed it.

With a series of unfounded and outlandish scenarios he offered the grieving parents? His two page write up on the case? His continual deflection and misinformation? His mishandling of physical evidence? In turn, Sheriff Lewis’s consistent and relentless demonising of the victim and his mother have been all too unpalatable.

Regardless of the new podcast and other sources that seem be more biased towards a suicide and the integrity of NL’s reputation, the Sheriff was instrumental in making himself seem suspect. Not Kline, or Moms4Tom, or even Penny herself. His oddball statements and his unhelpful behaviour simply doesn’t befit what is considered ineptitude - it goes way beyond that.

The question arises as to how many "coincidences" and unusual circumstances can happen in one investigation before suspicion becomes apparent? In the real world, a true coincidence is a pretty rare occurrence. There is no doubt that NL has built his own nest to lay in. The ongoing debate has been whether his "problems" are the result of his own gross incompetence or something more. Actually, there is little doubt among anybody that his gross incompetence and irrationality is conspicuously evident ..... so I guess the real debate revolves around whether his actions and behavior go beyond incompetence and indicate some level of nefarious involvement. I truly don't know the answer.

I recall that during the TCOLE investigation, the then Chief Deputy is on record saying that he, not the Sheriff, was the AG's primary contact in the case and that AG investigators instructed him to not disclose to the Sheriff any discussions. In virtually every controversy surrounding this case there is one person at the center of the controversy.

When you see people repeatedly exhibit unusual and/or irrational behavior over and over again, they have a reason for that unusual behavior. You just have to find evidence that determines what that reason is.

 

[OutWest]

The 25 caliber casing is on my mind frequently. I wanted to throw some thoughts out there to see if some of you also see any possible significance specifically to the 25 ACP caliber casing.

My thoughts ......
There is clearly no known proof that a firearm actually caused Tom’s death; there is no gun that is known to have been found and therefore no connection of the gun to any individual. However, because a 25 ACP cartridge casing was found in Tom’s vehicle, and that there was a presence of blood in the vehicle, and mostly, the fact that Tom reportedly did not like guns and did not shoot guns, we must logically consider that his death may have been due to foul play involving a gunshot.

Because the spent casing was a relatively uncommon 25 ACP caliber, we can possibly garner some information from that fact. Let me explain. 25 ACP handguns are uncommon due to virtually no demand for that obsolete, anemic caliber. No major firearms manufacturers currently produce them although I believe a few lesser known manufacturers, mainly in Europe may produce a few. Today there are other ballistically superior calibers that are available in higher quality, small frame handguns. No knowledgeable gun purchaser today would ever go to a gun store with the intent of purchasing a .25 ACP. If they did, I doubt seriously that one would be readily available in stock. Just the same, a person would not enter an electronics store today and ask for (or expect to find) a “1955 vintage” 18 inch screen vacuum tube TV when a plethora of flat screen HDTV’s are available. However, if an old vacuum tube TV was all that a person had available to them at home, that is the TV they would use.

Most of the 25 ACP’s that remain in circulation today were produced during earlier era’s beginning in 1905 and ending, at the latest, about 1960’s. So, the “profile” of somebody who would utilize a 25 ACP today would typically be somebody who would not be a “shooting enthusiast” or very experienced with firearms; somebody who did not have the financial means to purchase a $500+ higher quality handgun and/or was less than 21 years of age; or somebody who could not pass the required criminal background check and was thereby prohibited by law from purchasing a handgun from an FFL licensee. It would be somebody who owned or had access to only that gun and who had acquired the gun in some “inexpensive” manner other than a direct gun shop purchase (e.g. family owned for years, cheap purchase from an individual, stolen, borrowed, confiscated, etc.).

My point is, if a person had access to other guns, the 25 ACP would have been at the very bottom of preferred choices on the list. The 25 was their only choice.

 

[nannymo]

But, under that scenario who would take a picture of Tom while he was pump gas and why would they do that. Then, how did the photo get into the hands of The Honorable Nathan Lewis? IMO, the wildly diversionary "gay, run-away, and family assisted suicide" theories presented by HCSO and their cohorts are simply designed with the intent of leading the public opinion away from the true facts.

Someone who knew a certain person had a grudge against TB, took a photo and said "look who's getting gas! Wanna have some fun?"

Insert any 2 people you feel fit the scenario. JMO

 

[8th Bob-White]

My gut feeling regarding the 25 caliber gun is that it was a family piece that someone in Tom's age group carried around as something to goof around with. If the gun was the cause of his death it would likely leave little or next to no blood needing cleanup. If they removed Tom from the Durango pretty quickly then driving around on dusty roads AFTER any cleanup was done might account for NL's description of the Durango as "filthy" when it was found.

If the gun wasn't the cause of death then perhaps the shell casing was leftover from driving around & a passenger used it for practice shooting at a sign/fence post. Although Tom wasn't a gun person he may have allowed someone to target practice with such a small gun.

Now that January is gone & we're into February I keep looking for any info on a grand jury proceeding...am very hopeful that it provides some answers to his family.

 

[nannymo]

You all have such a great insight into this case. Hope it gets some legal action soon! Looking for a grand jury hopefully soon!!

 

[OutWest]

Yes, the Grand Jury indicates a step of progress in the case for the family (finally). Even if it is only a "truth finding" GJ, the findings may lead to other actions. The efforts by the Office of Attorney General is the last realistic chance that Tom's family have to find answers.

 

[OutWest]

My gut feeling regarding the 25 caliber gun is that it was a family piece that someone in Tom's age group carried around as something to goof around with. If the gun was the cause of his death it would likely leave little or next to no blood needing cleanup. .......

8th Bob-White, I think the situation that you described is very possible. Also, you accurately point out that a wound from a small, low velocity 25 ACP may not cause much bleeding at all; true.

Also, nannymo makes a very good point regarding the phantom photograph. There is a reason that the photo was taken (and it wasn't for the school yearbook).

As many have pointed out, if there are 3 main things that really stand out ...... 1.) the crazy and conveniently changing local LE theories that conspicuously divert from any mention of any possibility of foul play, 2.) the phantom Fronk photograph, and 3.) the magical appearance of Tom's pristine condition iPhone.

 

[niikkee]

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

BUT it really depends on whose story you believe about the passcode on the phone. I tend to lean towards the story of Penny asking Tom’s friend for his passcode rather than the sheriff. After all in the meeting held for the family and LE that was recorded wasn’t it made pretty clear that the District Attorneys Office believe Penny had been in possession of Tom’s phone all along and that his phone was later placed to be found by the search conducted by Klein?

 

[niikkee]

I totally agree these scenarios could be relevant ... and are entirely plausible.

I lean towards only Christian and Paige knowing about the diaper, and that it was not leaked to a wider network. The fact that he quit football for the theater could be telling.

A bit that gnaws at me is that early-on, kids from the school continually suggested Tom could be found at Lake Marvin. We know that’s where they found TB remains.

The school knows ... answers may be there !!

I live in Oklahoma and was made aware of the diaper theory from when I started following this case which was a couple of weeks after Tom went missing. So that information definitely was not limited to Paige and Christain.
Also I find Penny’s response about her feelings of Tom being gay very unusual.

 

[niikkee]

It’s interesting that the Chron article is just deemed “wrong” about the picture, but the Chron got their info directly from HCSO and the photos of Tom on that article are credited. Just doesn’t make sense that it’s described so perfectly yet “gone” ... Ex Sheriff Pearson had once described protocol on pics and they do get deleted at some point and that picture has most likely been destroyed as was the dollar general footage.

A likely problem with this case is the sheer lack of evidence because of all the mishandling and poor documentation. NLs report on the Thomas Brown case has been reported to be only 2 pages long. SMH.

I don’t believe the picture ever existed. If you look at the original copy of newspaper that is being quoted about running the photo that particular phrase was taken from the conversation about Penny saying she was shown a photo and it was gone. The paper never published the photo in question.

 

[Rush4087]

BUT it really depends on whose story you believe about the passcode on the phone. I tend to lean towards the story of Penny asking Tom’s friend for his passcode rather than the sheriff. After all in the meeting held for the family and LE that was recorded wasn’t it made pretty clear that the District Attorneys Office believe Penny had been in possession of Tom’s phone all along and that his phone was later placed to be found by the search conducted by Klein?

I tend to lean the other way. But I don't think it necessarily has to be an "either - or" situation. Just speculating, but I think it's entirely possible that the only reason Penny was asking Tom's friends for the passcode was because she had just been asked for the same by a member of the sheriff's office.

That said, I also don't think it's completely out of the question that either party was simply seeking the passcode in advance - just in case the phone was soon found. After all, at that time, everybody (maybe with the exception of NL, imo) was trying to find Tom and find out what happened to Tom. I guess that just like the missing Fronk photo, it will remain a "she said - he said".

Re: your statement: "wasn't it made pretty clear that the District Attorney's Office believe Penny had been in possession of Tom's phone all along..?" I didn't think so. Was it? That's a pretty serious allegation: that PM withheld evidence and information from local LE and the Texas State Attorney General's office during the course of the investigation into Tom's disappearance - and then planted / staged that evidence just before a search. Can you please provide a link? TIA

 

[nannymo]

I am going from memory here......the podcast and articles can be located, but I don't think I ever heard that the AG thought Penny had the phone all along. I do remember Penny stating that the AG's office grilled them very hard on quite a few things. I thought it was the phone calls to the "old gay guy in Denver" they gave her a hard time on. It's my impression the AG office "interrogated" them harshly, trying to "break" them into telling something and it just did not happen.

I am probably somewhat biased here, but I believe Penny and don't think she has hidden anything. Her story has never changed and she doesn't have any "far out" ideas about what happened.

As for Penny's comments about Thomas being gay.....I understand her 100%. I don't necessarily agree with her but I know where she is coming from. I live in Abilene, we have 3 christian universities here with a population of 100+K. I was born and raised here. I have heard the biblical discussions about homosexuality all my life. I understand her comments totally. Would she have counseled him about her beliefs? Yes! I think Penny was being very open and truthful about what she would have done IF she thought Thomas was gay. But she never thought that, so never did. I am sure if Thomas had ever approached her that he was gay, she would have still loved him very much. We want the best for our children. When they do not believe as we do, it is difficult to understand, but they are still our children and we support them!
Doesn't mean we let them commit suicide and we hide their body!!

 

[OutWest]

I am going from memory here......the podcast and articles can be located, but I don't think I ever heard that the AG thought Penny had the phone all along. I do remember Penny stating that the AG's office grilled them very hard on quite a few things. I thought it was the phone calls to the "old gay guy in Denver" they gave her a hard time on. It's my impression the AG office "interrogated" them harshly, trying to "break" them into telling something and it just did not happen.

When the AG took over the case exactly 3 years ago in February 2018, their mandate was to investigate and "leave no stone unturned". Much of the early evidence had long been lost, discarded, or never collected due to the gross incompetence of the HCSO and it's Sheriff. Therefor AG investigators were faced with a significant uphill challenge. They had to begin literally at "square one". During their first few days of the investigation, who do you suppose provided their initial briefing on the case? That answer is obvious. Within a matter of days in February 2018 they initiated the polygraph exams for at least four persons (maybe more, I don't know). Investigators did what investigators frequently do in such situations; they begin with a friendly interview including asking for verbal and written detail. Then a week or so later comes the polygraph. During the subsequent "interview" after the polygraph exam, they apply pressure by suggesting that the polygraph indicates some level of deception, then drag the interviewees through hell and back while observing behavior and reactions. A common tactic. IMO, the investigators gained information from the polygraph/interview process .... and that information did not implicate that Tom's family was nefariously involved in any way.

 

[OutWest]

Tom’s phone had a self charging case on it. When the phone was found in “pristine” condition and DA stated they believed the phone had been planted they then questioned Penny about the phone case. She stated Tom NEVER took the case off the phone. And then the DA asked Penny if she was in possession on the phone case and she replied, “yes, I have always had it.” Klein was not happy.... that information wasn’t supposed to come out in that meeting. I will try to find my notes on it. If you haven’t listened to Skip Hollingsworth program “Tom Brown’s Body” you really should.

I have an audio copy of the "unauthorized" recording of the meeting that was recorded by some individual then initially released to selected persons. I have listened to it several times. So I am aware of that exchange. Tom typically carried his phone in that charging case, but that night he did not. We don't know why ..... maybe because of the added bulk; maybe because it was not charged or the batteries were degrading as they do over time; or maybe he simply just removed it.

 

[niikkee]

I tend to lean the other way. But I don't think it necessarily has to be an "either - or" situation. Just speculating, but I think it's entirely possible that the only reason Penny was asking Tom's friends for the passcode was because she had just been asked for the same by a member of the sheriff's office.

That said, I also don't think it's completely out of the question that either party was simply seeking the passcode in advance - just in case the phone was soon found. After all, at that time, everybody (maybe with the exception of NL, imo) was trying to find Tom and find out what happened to Tom. I guess that just like the missing Fronk photo, it will remain a "she said - he said".

Re: your statement: "wasn't it made pretty clear that the District Attorney's Office believe Penny had been in possession of Tom's phone all along..?" I didn't think so. Was it? That's a pretty serious allegation: that PM withheld evidence and information from local LE and the Texas State Attorney General's office during the course of the investigation into Tom's disappearance - and then planted / staged that evidence just before a search. Can you please provide a link? TIA

 

[niikkee]

You will have to go to the CanadianRecord.com to read the article because it has been removed everywhere from the internet because it is now behind a paywall. I have a copy but I don’t think I can post it... or can I?

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BREADCRUMB

1. HOME /
2. NEWS /
3. AG INVESTIGATORS CONFRONT PUBLIC MISINFORMATION AT INVITATION-ONLY CLOSED DOOR MEETING AUG. 21

By News Staff
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Published 1 year ago
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AG investigators confront public misinformation at invitation-only closed door meeting Aug. 21
Thu, 09/05/2019 - 09:15
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[niikkee]

I have an audio copy of the "unauthorized" recording of the meeting that was recorded by some individual then initially released to selected persons. I have listened to it several times. So I am aware of that exchange. Tom typically carried his phone in that charging case, but that night he did not. We don't know why ..... maybe because of the added bulk; maybe because it was not charged or the batteries were degrading as they do over time; or maybe he simply just removed it.

That is the big question tho isn’t it? It was well known he always had the case on his phone so it seems very strange to me to find out when the “planted phone” was found there was no case on it. AND even stranger is the fact that Penny never told anyone about having the case. And really... with that being the case we actually have no idea and no answers regarding Toms phone.

 

[OutWest]

Thanks niikkee. I think all of us only want for the family of Tom Brown to finally learn what truly happened to Tom on that night. As I pointed out, I have an audio copy of the meeting. I also have copies of the Canadian Record that you referenced above, which contains some slanted inaccuracies as related to what was actually said and/or implied by investigators at the meeting. I have heard nothing in the actual audio recording that indicates to me that AG investigators believed that Penny or any member of Tom's family planted the phone. The ENTIRE reason that AG investigators mandated that the meeting remain private with no press was to prevent exactly what occurred with the Canadian Record series of articles. But, of course somebody did not adhere to that request and recorded the meeting ......

 

[OutWest]

That is the big question tho isn’t it? It was well known he always had the case on his phone so it seems very strange to me to find out when the “planted phone” was found there was no case on it. AND even stranger is the fact that Penny never told anyone about having the case. And really... with that being the case we actually have no idea and no answers regarding Toms phone.

No, the big question is "what happened to Tom".

 

[8th Bob-White]

My takeaway from the secretly recorded AG meeting after listening several times is that the AG investigators were trying to force Penny to admit she had the phone case. They laid it out & she was honest.

Since the Durango was sent back to the family the SAME afternoon, is it possible that Tucker or Penny found it while looking through the Durango as evidence is WASN'T processed? I have always felt it was her ace in the hole so to speak to have a bit of evidence that LE (really NL) was lazy/incompetent/corrupt...take your pick.