The Killer Truth (2020): Season 1, Episode 4 - Classified Ad for Crime - full transcript
Two murders across the country send police into a multi-state manhunt, searching for one killer couple.
A body that was found out
behind a strip center face‐down
with his hands tied behind his
back.
We were all just belief and
thinking, "no, it can't be"
him."
it was not only one. It was
two cold‐blooded murders.
In the residence, there was
a great deal of blood. We found
what would be described as a
makeshift coffin.
It was pure profit, and it
was pure evil that they would
do these things to different
people.
A sex ad had been placed.
The ad was for, "have sex with
me. My husband likes to watch."
He was not going to pull
over willingly. I was
absolutely in fear of my life.
Five unique perspectives.
Five points of view.
One murder.
I'm Rudy lopes'niece.
My name is butch matjeka.
My name is Dan downing.
I was the lead investigator.
I was lead prosecutor.
I was convicted of capital
murder in 2003.
I'm Nicole acosta, and I am
Rudy lopes'niece. My tío Rudy
was one of my favorite uncles.
He grew up in San Antonio. He
had two very loving parents. He
would always encourage my
cousin and I to get good grades,
and every time we got an "a" on
our report card, we would go to
a restaurant. And he was just
an overall, like, loving
person. He would bring my aunt
flowers just because it was,
you know, Tuesday. He was
working as sheriff at the jail,
bexar county. He wore that
badge with a lot of pride. He
was able to climb the ranks
there at the bexar county jail
as a sheriff. He was very, very
proud and very determined to
move up. And, you know, he
loved to do what he did. If
anyone was doing anything
incorrectly or wrong, we would
tell them, you know, "my tío
rudy's the sheriff, so he's"
gonna come get you."
Tío Rudy and my tía Alma
were honestly a love story. The
way they just got along
together, they never fought in
front of us, and I'm not even
sure if they even fought about
anything. When my tío Rudy and
my tía Alma got married, I was
maybe a couple of months old.
They just loved each other so
much, and you could tell every
time, you know, at family
events, tío Rudy and tía Alma
were always together. And they
would go to the coast every
single year for their
anniversary. And actually, that
year he was planning to go on a
cruise. The night of October
11th, my tío Rudy didn't show
up at home. At first, my tía
Alma was like, "oh, you know,
maybe he picked up a second job",
"maybe, you know, he went out
with his friends and just"
forgot to tell her. When he
wasn't answering his phone, he
still hadn't showed up hours
later, she had called missing
persons and reached out to our
family friend, who was also in
the sheriff's department. I
know this is very, very unlike
my uncle Rudy to not show up,
not call. In the morning of
Friday the 13th, I woke up at
3:00 in the morning and tried
to go back to sleep. And then I
heard the phone ringing. It
just kept ringing and ringing,
and so finally, I was sitting
up. I was about to go answer it,
to figure out who's calling at
this time. And then I heard my
mom's footsteps and she
answered the phone. And ‐‐ and
she just started crying. I was
in the fourth grade at the time,
so I didn't know what was
happening. So I went to go
comfort her. And then she told
me that my uncle had been shot.
Our family friend actually knew
what had happened to my uncle
Rudy, but wasn't able to tell
my tía Alma over the phone
'cause it wasn't correct
protocol. I believe it was two
deputies who showed up to break
the news to her, about where he
was found and that he was
found. She couldn't believe it.
And she was like, "no, not my".
"Rudy. It can't be." Like the
rest of the family, too, that
he's no longer with us.
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My name is butch matjeka,
and I was the lead investigator
on the murder of Rudy lopes. On
October 12, 2000, it was late
in the afternoon. I was getting
ready to go home. Our shift was
just about ending. And our
office got a call for a doa, a
body that was found out behind
a strip center off thousand
oaks in north San Antonio.
Rudy's body was found by some
young girls who were walking
behind the strip center. Course,
they became very scared, ran
home, and parents were the ones
that made the 9‐1‐1 call. He
was face‐down with his hands
tied behind his back. He had
another piece of cloth or a
shirt that was wrapped around
his eyes as a kind of a
blindfold. We didn't get a lot
of information from the girls.
So we began what we call a
canvass. We start knocking on
doors, talking to people and
see if they heard anything, if
they saw anything. The owner of
the karate school, Charles
Dudley, he told us that the
night before, as he was closing
up, he saw a newer model Chevy
truck pull into the area at the
end of the strip center and go
around behind it. And Rudy had
a brand new 2000 Chevy truck,
dual cab, gold in color.
Considering the time of the
night, it was still fairly
early, 9:00. I don't think he
really thought anything illegal
was going on. It was just
unusual for him to see it. And
of course, it drew his
attention because that's his
business. We didn't get much
from anybody else in the strip
center, but as the story came
out on the news, we had a
police officer that called us
the very next day and told us
that while he was on patrol, he
heard a gunshot go off. So with
what Mr. Dudley told us and
what the officer told us about
the time of hearing the gunshot,
we were able to place rudy's
death around 10:00 that night.
We went and talked to Alma
lopes, rudy's wife. We learned
that Rudy had worked in the
jail. He was a jail sergeant at
the time, had a good
reputation. Alma never gave us
any indication that Rudy had
any threats made, that anybody
was out for revenge from the
jail. The only thing that kind
of drew our attention was she
told us that they were having
some difficulty in the
marriage. It had been some time
since they had been together.
We pulled his bank records. We
pulled all of his phone
records. Basically just threw
out a wide net. "Let's see"
"where he's been. Let's see what
he's been doing." As we looked
through his financial records,
what we did see was there was a
purchase made at frederick's of
Hollywood. I think it was
around $90. Alma told us he
hadn't brought anything home
from frederick's. So at that
point, we started to believe
that we might be looking at
some type of an affair, but we
weren't really sure what we
were looking at yet. We sent a
team of investigators to
frederick's of Hollywood to
look into this. Clerks see so
many people throughout the day.
It's hard for them to remember.
But amazingly, the clerk in
this particular case did
remember Rudy from the
description. She also
remembered that when Rudy came
in, he was with two people, a
young girl and another male.
And her idea, when this
purchase was made, was that
Rudy was buying the negligee
for the young girl. We asked
about whether he seemed to be
coerced. And her response to us
was, "no, this was very willing,
very voluntary." There was
nothing that would give her any
indication that anything was
wrong at that time. As we
continued to look through
rudy's financial records, we
found out that there were two
withdrawals from an atm machine
from rudy's bank on the day
that we believe he was
kidnapped and murdered. One of
the withdrawals was for $100.
The other withdrawal was for
$300. We went to rudy's bank,
and they were able to find
video footage that showed a
young girl driving a ‐‐ what
appears to be a newer Chevy
model truck, leaning out the
window, putting in the pin
number and making both
withdrawals before she drove
away. Rudy wasn't in the video.
So we continued to look through
his telephone records, and we
found a number of calls that
had been placed to a number of
hotels along the ih‐35 corridor
in San Antonio. We sent a team
of investigators to the hotels.
And again, thankfully, we came
across a clerk who remembered
the calls being made. They
showed her the picture from the
atm. The clerk remembered the
woman and identified her from
checking in as a girl named
trina dorris. Well, we don't
have a lot of information on
trina dorris, other than her
name. So, there's not a whole
lot we can do. We continue to
comb through his telephone
records, and we find a phone
number that he made four phone
calls to the day he died. That
comes back to a Robert brown.
We went to talk to Mr. Brown.
When we talked to Mr. Brown, he
remembered Rudy lopes calling
his home, trying to get in
touch with a woman who had been
staying with him. He also
identified the woman as trina
dorris. He also told us that
she was with a man who
identified himself as mo.
Robert brown had contacted
trina dorris and mo at the time
in response to a sex ad that
had been placed in a magazine
in San Antonio called "the
current." The ad was for, "have
"sex with me. My husband likes
to watch." That never happened,
although the promise of sex
kept coming. They told him they
were from out of town. They
didn't have a place to stay. He
allowed them to come to the
house and stay with him for a
couple of nights. He remembered
that on the day that Rudy lopes
was killed, Rudy called his
house four times looking for
trina, trying to get in touch
with her. Rudy had been
scheduled to meet with her,
allegedly to have sex that day.
Robert did tell us that trina
was a dancer, and she was going
out looking for work as a
dancer. And so, what that
necessitated was for the
homicide unit to visit almost
every strip club there was in
San Antonio at that time. We
sent investigators out
primarily around the area where
he worked, but we did visit as
many strip clubs as we possibly
could. We got lucky. We
actually found a strip club on
410, where trina was working
for a short period of time. And
in finding that, we were able
to get her driver's license.
Now we have something we can
look into for trina dorris.
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My name's Dan downing. I'm
one of the investigators that
worked a murder case just south
of Indianapolis in 2000. We
received information from San
Antonio officials that they had
a similar case with an
individual that was shot and
killed there, Rudy lopes. There
were some differences in Rudy
lopes'death. However, they were
both bound behind the back.
Both of the individuals were
shot in the head. Just prior to
8:00 a. M., I was notified by
our communications center of a
request for investigators at a
residence. I spoke with our
uniformed officers that were on
the scene. They kind of gave me
the rundown of what had taken
place. The homeowner was found
in the trunk of a burning
vehicle just north of Morgan
county. A passerby reported the
car fire. It was just off of a
state highway. We learned via
dental records that it was
robby bott. He was an airplane
mechanic locally here in
Indianapolis. Basically, a
divorced father, kept to
himself. Mr. Bott's home was
extremely neat. Everything had
a place, and you could tell
that it was very well taken
care of, but items were
missing. So, there were
imprints from where a stereo
would have been sitting and
different electronic items in
the house. We found in the
kitchen area two chairs that
were facing each other and a
large pile of cigarette ashes
to the side of one of those
chairs. There was also a small
amount of blood droplets that
were located around the chair.
That went along with our theory
that some type of an
interrogation or negotiation
that had taken place there in
the kitchen because they were
low‐velocity droplets, like
someone had been struck. There
were a couple fingerprints, but
the majority of the surfaces,
as we printed every surface in
the residence, we found that
they had been wiped off. On day
two of the investigation, we
received a call from the
speedway police department that
an identification belonging to
robby bott had been located in
a rental property in speedway.
The actual landlord had been
evicting his current tenants.
He had hired a cleaning crew to
come in and clean out all the
property of the tenants that
were living in the residence.
When they lifted up a couch
cushion, they found a .22 rifle
and also the wallet. There was
a great deal of blood that went
from the garage area through
the service door into the
residence, and then down the
stairway. Once we got to the
basement, we found a wardrobe
that was lying on its back and
had a padlock hasp attached to
the front of it. There was a
bullet projectile that was in
the box itself. There was also
a pillow that had a
through‐and‐through gunshot
wound, which would have been
indicative to using a pillow
over the end of a firearm as a
suppressor to muffle the sound.
A lot of the items that we
found missing from Mr. Bott's
house were now being utilized
in the speedway home. It
started to become more apparent
that Mr. Bott was encountered
at his residence in some way
and then taken to the secondary
location in speedway, where he
was then kept for a period of
time until his final demise.
Initially, we found some credit
card receipts at Mr. Bott's
residence. The wallet did not
have any credit cards. So we
started running through the
different credit services Mr.
Bott's information in an
attempt to find out or trace
his last steps. We found that
during the timeframe that Mr.
Bott was abducted, he had went
to several locations and
actually purchased numerous
household items. Generally,
people don't go on a shopping
spree right before their death.
We sent investigators to those
specific merchants to hopefully
obtain surveillance video. In
one of the stores, Mr. Bott was
walking along, pushing a
shopping cart that was full of
numerous items. He was
accompanied by a female. Mr.
Bott is shown in the video
looking up at the camera and
mouthing, "help me." During the
examination of the bank records,
we found that there were
purchases not only here in
Indiana at a local sex shop,
but also in San Antonio, Texas,
at a similar type of shop. We
also know that there's a female
that's involved. So we also go
back to Mr. Bott's residence.
We found in the master bedroom
but there was an empty condom
wrapper lying on the floor next
to the bed. We also found that
the bed sheets of the master
bedroom were gone. So at that
point, we're looking at, "was
this a sexual encounter gone"
wrong? Was this some type of
hook‐up, some type of a
"prostitution element that had
went wrong for Mr. Bott?"
During communications with San
Antonio police department, we
learned that, through credit
card statements, there were
purchases made in San Antonio,
Texas, and they had a similar
case with an individual that
was shot and killed there and a
male and female suspect who may
have been using aliases,
possibly a trina dorris and a
male by the name of mo. We were
able to identify trina dorris,
speak with her, and send
photographs to San Antonio
police department so that they
can compare with their videos.
It was not trina dorris. The
landlord in speedway was
forthcoming with the
information of who was renting
from him at that point time. He
had originally made an
agreement with the individuals
that were living there that
they were gonna do some
maintenance to the residence in
lieu of paying rent. They
hadn't been doing the
maintenance they agreed to, so
he was going to evict them. The
folks that actually rented the
place was Tess mcfarland and
Joshua Maxwell. Trina was a
friend of Tess mcfarland and
apparently had been using her
information as an alias. We
were able to run criminal
histories and obtain booking
photos of both those
individuals. We then compared
all of those photographs
against the videos here in
Indiana, as well as the video
from San Antonio, Texas, to
confirm that the people we were
looking for, in fact, was Tess
mcfarland and Joshua Maxwell.
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My name is Tessie mcfarland.
I was born in the outskirts of
Indianapolis, around wanamaker.
My biological father was killed
when I was 2, but my mother
remarried early on, and my
stepfather raised me as his
own. In my freshman year, I met
my son's father, and we got
together and stayed together
for several years. Money was
just so tight that when we
broke up, I was kind of on my
own. Josh Maxwell, he was a
friend of my brother's, and my
brother's friends, and during a
summer that I was going to
driver's ed, I was at a party
where we all sat around and was
watching basketball. That's the
first time I'd ever been
introduced to him, and I was 15
at that time. Fast‐forward five
years, I reconnected with Josh
Maxwell after he had been
released from prison. He's
looking for my brother, my
stepsister, and people that he
hung out with. Somehow, he ran
across my telephone number. I
was just like, "oh, wow," you
know, blast‐from‐the‐past type
thing. I believe our romance
was an absolute whirlwind. He
immediately moved in, where I
was living at the time. Like,
from almost ‐‐ from probably
two weeks in, we just had a
very strong connection from the
very beginning. It happened so
quickly that I think that's
also part of the reason why I
never seen red flags. I
originally met robby bott in
the bar that I was working at,
and he had worked for federal
express and had been talking
about openings in his job, how
well they paid or whatever, and
so I had got a business card
from him. I thought this would
be a great fit for Josh. They
started to set up meetings
where he could meet him in
person and show him around. He
had came to our house. I had
been to his house. I never
really realized that there was
maybe an underlining tone there,
maybe that he expected more out
of me and Josh. I went to my
sister's house to spend the
night with her, her children,
and my son. We were gonna all
get up and go somewhere the
next day, and apparently, robby
and Josh got into a pretty bad
argument in the basement of the
house that we were renting at
the time. He shot and killed
him. To my knowledge, Joshua
put robby's body in the trunk
of a car and lit the car on
fire. I absolutely was forced
into leaving Indiana. I would
have never left my child behind,
period, consequences be (bleep)
I would have stayed. Josh was
not going to allow me to stay
because he felt like I knew too
much and that whatever I said
would lead the cops directly to
where he would go. I was
handcuffed to every bed, every
bedpost. He took the handset
off of every telephone in every
hotel room. I never went
anywhere by myself. I was
absolutely in fear of my life.
One time I was able to write a
note to the hotel clerk. I
would try to sneak it in, in
between the stacks of bills
that I was paying with. And I
don't know if they just thought
it was a joke or they just
never looked into it, but
nobody ever contacted or
reached out to any number that
I left. We arrive at San
Antonio, and the car that we
were driving has got mechanical
problems. We go into a shoney's
restaurant, and not knowing at
this time, I guess Josh had
also contacted Rudy lopes. To
my knowledge, a sexual ad was
placed with Josh and an
ex‐boyfriend of his by the name
of trina, and it just happened
to be something that was a
longstanding or a long‐running
thing and you have to cancel
it. I don't know if it was a
newspaper thing. I don't even
know anything about it.
Apparently, Rudy had left a
message in his inbox, and he
had gotten a hold of him. He
comes into the restaurant and
sits down and tells Josh that a
cousin of his drives a tow
truck and he could get our car
towed to a mechanic, and he
would give us a ride back to
the hotel. At that time, I
thought Rudy lopes was an
absolute stranger and just
being nice, helping us with the
car. Later on is when I find
out that this was all a setup.
This was something that Josh
had planned. When we go to pick
up the car later on that night,
there was a bunch of trash in
the bed of his truck, and it
was rolling around, making a
lot of noise and he was
complaining about it. So he
wanted to get rid of it, and he
felt like it was scratching the
bed of the truck up. And so, he
asked, could he please pull in
there because he saw a
dumpster. I was inside the
truck, and I have the radio on.
I heard what I thought, like,
was a car backfiring. Josh
explains, then, that they got
into a physical altercation.
There was a discrepancy with
the amount of money that was
paid to have the car fixed and
a gun was pulled and ultimately,
Mr. Lopes was shot. I asked
Josh then, "what now? We have"
"to go back and see what's
happened." And he's, like, not
going to go for that. He gets
on the highway immediately and
just starts driving. We arrived
in California middle of the day
and was looking for a hotel to
stay in. We pull into a gas
station and go in to get gas
and ask for directions, and we
no sooner get pulled out and I
notice that there is a cop
behind us. The police officer
looks like, to me, that he is
running the plates of this
truck. And I told Josh. He just
tells me to put my seatbelt on.
And that, of course, was his
way of saying that he was not
going to pull over willingly.
He shoots right behind my head.
And then he shoots another shot
out the side window that's
rolled down. The rest of the
shots that were fired were by
the San Francisco police
department. A motorcycle cop
pulled right up on the side of
the car and shot into the cab
window, and it knocked the cab
window out and went into my
neck. Josh is now going down
one‐way streets. He's hit two
cars. I mean, it's become mass
chaos and confusion. And the
whole time, I have a bullet in
my neck. I start to freak out.
I'm bleeding a lot, losing a
lot of blood, and so I take a
towel and I wrap around my neck
and I tell them to let my mom
and my son know that I love
them.
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My name is Jim kopp. I was
lead prosecutor in the capital
murder prosecutions of Joshua
Maxwell and Tessie mcfarland.
When this case occurred, I was
chief of the intake division of
the bexar county district
attorney's office. We were
aware of the murder of Rudy
lopes, but at that point in
time, we did not know who had
committed the offense. The
district attorney got a call
from San Francisco saying that
they had apprehended two people
that were involved in it. On
October 17th, in San Francisco,
Joshua Maxwell and Tessie
mcfarland were in Rudy
lopes'stolen pickup truck. They
had run a red light. So a San
Francisco police officer pulled
them over. When he approached,
they took off in the vehicle.
He ran back to his car and gave
chase. There was a gunfight
through the streets of San
Francisco about 5:00 in the
afternoon. Ultimately, they
were able to stop them by a
police officer knowing that
their direction of travel
pulled crosswise into traffic,
so nobody could go forward. So
they were able to stop the
truck and get them out. During
the pursuit and gunfight in San
Francisco, the only person
injured was Tessie mcfarland.
She was hit by a bullet. The
San Francisco police officers
had no idea the car was stolen.
They were simply pulling it
over for a red light. It was
not known that Joshua Maxwell
and Tessie mcfarland were
involved in an incident in
Indianapolis until after they
were apprehended in San
Francisco.
Josh, what kind of vehicle
were you in?
Uh, a gold Chevy truck.
Whose truck is that, Josh?
Rudy, Rudolph lopes.
Josh, how is it that we came
to be here today?
Uh, they pulled me over.
The cops tried to pull you over?
Yeah. That's when
I hit the gas.
How come?
How come you took off?
Uh, because I'm wanted back
home.
For what?
Uh, murder.
Josh pretty much wanted to
take full responsibility for
the crime, and he did what
little he could to try to
shield Tessie from the
consequences of what they'd
done. In terms of robby bott,
we know both from the
statements Joshua made, as well
as the evidence recovered in
Indianapolis, that Joshua and
Tessie were in robby bott's
house. They watched a movie, we
believe. At that point in time,
we believe they abducted robby
bott. What they did is they
took him to the basement of the
house that they were fixing up
in Indianapolis, put him in a
wardrobe in the basement, and
locked it. They went back to
his house, took all kinds of
items ‐‐ vacuum cleaners, all
kinds of things. Then they went
back to the house. At that
point in time, they let him out
of the closet, took him
upstairs, and they had him take
them shopping. They went to a
store in Indianapolis and
charged up about $2,000 on his
credit card. And we have a
video of this. Then they take
him back to the house in
Indianapolis, then lock him
back up in the wardrobe. They
take a pillow, shoot robby bott
several times, take the body,
put it in the trunk of his car,
drive it to a deserted area
outside of Indianapolis, and
set the car on fire. Well, both
people, robby bott and Rudy
lopes, made contact with Joshua
and Tessie through some type of
advertisement for sexual
services. We don't really know
what hold they had over him,
but I figured there was
probably some type of
blackmail. I don't recall him
ever giving a motive for the
killing. There was other
videotapes which we had
recovered in which he indicated
a very strong dislike for the
police. But other than that, we
didn't really have any
particular motive, other than
probably just pure greed. After
hearing the interview of Joshua
Maxwell, the detectives did
want to talk to Tessie. Tessie
he was in the hospital
undergoing medical treatment.
She never indicated that she
was involved in what had
occurred during her statements
to the police.
I mean, you have to
understand the ‐‐ the situation
I'm in. If I don't do
everything he says ‐‐
we understand that.
One phone call, and my
family could be dead. That is
the only reason I never went to
the police before this. Because
I was scared. All the facts and
circumstances surrounding this
case led us to believe that
Tessie was fully involved in
everything that occurred. We
don't believe she pulled the
trigger. There were certainly
no evidence of that. But there
was also no evidence that she
wasn't involved in every aspect
of what went down. Before I
went to San Francisco, all we
really knew is that they were
apprehended in Rudy lopes'car.
We didn't have a whole bunch
more evidence at that point in
time. But once we heard from
the San Francisco detectives
that Joshua had confessed to
what had occurred in San
Antonio, at that point in time,
we had a pretty strong case.
The district attorney of bexar
county called me into her
office and told me to fly up to
San Francisco because she
wanted me to make every effort
to see that we could get him
back to Texas to stand trial.
One of the main reasons was
that they had killed a Texas
police officer. And of course,
it was a horrendous offense
that we certainly wanted them
to face justice for. It was my
understanding from Indiana that
they would not be able to put
on in their trial what had
occurred in Texas, whereas in
Texas, in our punishment phase
of the capital murder trial, we
could put on what occurred in
Indiana. The jury would know it
was not only one murder. It was
two cold‐blooded murders
committed for profit.
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When I heard about the
shoot‐out in San Francisco with
Josh Maxwell and Tessie
mcfarland and that they had
been the ones who were accused
of killing my tío Rudy, I was
extremely thankful whenever
they did catch them.
We had numerous items
linking them back to the crime
here in Indiana. There were
also witnesses that were
placing them in San Antonio. We
had video evidence. We had
fingerprints. The evidence was
definitely overwhelming against
both.
Joshua and Tessie were
indicted for capital murder,
but we couldn't try them
together. Joshua had prior
convictions out of Indiana, so
because of that, we could not
try Tessie with him.
Josh stood trial in February
of 2002. We attended that trial
and presented evidence from the
Indiana case. Josh had already
confessed to being the trigger
man and being the mastermind
behind this entire crime spree.
I followed that trial like
nobody's business. I wish I was
a little bit older, so I could
have been a little bit more
involved, but I guess it's kind
of a good thing. I've heard it
was pretty graphic with all the
pictures in there.
When Joshua and Tessie were
apprehended in San Francisco,
in the truck were some
videotapes and a video camera
that they had used to film some
recordings.
One of the main things that.
I participated in in trial was
introducing these tapes to show
not only Joshua maxwell's
personality, because in these
tapes, he's smoking dope, he's
using drugs, he's walking
around with a gun. He's
portraying himself as that
gangster persona.
Joshua Maxwell ‐‐ he never
testified, but during his
incarceration in Texas, he had,
without provocation or any
excuse, attacked a jail guard.
And that was further evidence
we were able to offer at the
trial to show that he'd be a
future danger.
The defense's position in
every death penalty case is to
mitigate the actors
involvement. "Show me something"
in this man's life that he
didn't have a choice. It was a
bad childhood. He was raised
horribly. He's got mental
"deficiencies or mental issues
that he can't deal with."
During the trial, it did
come up that Joshua, at about
the age of 12 or 13, found out
that he had been adopted and,
of course, didn't take very
well to that. And that that was
part of the reason why he fell
into the violent crimes.
That's what I'm talking
about right there.
To me, it wasn't very
compelling.
Look down the barrel, mother
(Bleep) My (bleep) Ha!
At the conclusion of that
trial, Joshua Maxwell was
sentenced to death. He was
incarcerated in huntsville and
remained there on death row.
About a year later, we tried
Tessie. We had all intentions
of moving forward with the
death penalty against her.
We had a pretty strong case.
There was a sex tape that
Tessie and Joshua had filmed,
along with the third person
that we don't know who we was,
just laughing and having a
great time.
Her defense was, "I'm a
victim. Joshua forced me."
Joshua kept me. But those tapes
proved that that wasn't so."
Okay, now, get up.
Alright.
The tapes, as well as all
the other evidence, led us to
believe that Tessie was fully
complicit in what had occurred,
that she wasn't acting under
duress.
I can't say that I've ever
been in that type of abusive
relationship, and I'm not
trying to talk down anybody
who's like that, but she knew
what she was doing. She chose
not to call the police. Even
though she didn't pull the
trigger, she's just as guilty.
About two weeks into jury
selection, Tessie came to us
and indicated that she wanted
to plead guilty to capital
murder if we would waive the
death penalty. We conferred and
agreed to do that. The state
waived the death penalty, so
she was assessed a life
sentence. She'll be eligible
for parole in 40 calendar years
under Texas law. I was
satisfied with the outcome.
I don't think that justice
was served because Tessie
mcfarland deserves to die. The
things that she and Joshua
Maxwell did to robby bott in
Indianapolis are just horrific.
The outcome, it's provided
some closure with my family,
but I don't think there'll ever
be any full closure because our
question would still be "why?"
Why would they do that to
anybody?
They would do these things
to two different people,
essentially torture them both
by holding them, shooting them,
everything else they had done
to them. And it was pure evil.
Looking back on that
situation, I would have handled
things in a completely
different manner. I'm almost 40
years old now. I'm a completely
different person. I absolutely
feel horrible for everybody
involved. If I could take
either one of their places, I
would. I absolutely would.
No one ever expects it to
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behind a strip center face‐down
with his hands tied behind his
back.
We were all just belief and
thinking, "no, it can't be"
him."
it was not only one. It was
two cold‐blooded murders.
In the residence, there was
a great deal of blood. We found
what would be described as a
makeshift coffin.
It was pure profit, and it
was pure evil that they would
do these things to different
people.
A sex ad had been placed.
The ad was for, "have sex with
me. My husband likes to watch."
He was not going to pull
over willingly. I was
absolutely in fear of my life.
Five unique perspectives.
Five points of view.
One murder.
I'm Rudy lopes'niece.
My name is butch matjeka.
My name is Dan downing.
I was the lead investigator.
I was lead prosecutor.
I was convicted of capital
murder in 2003.
I'm Nicole acosta, and I am
Rudy lopes'niece. My tío Rudy
was one of my favorite uncles.
He grew up in San Antonio. He
had two very loving parents. He
would always encourage my
cousin and I to get good grades,
and every time we got an "a" on
our report card, we would go to
a restaurant. And he was just
an overall, like, loving
person. He would bring my aunt
flowers just because it was,
you know, Tuesday. He was
working as sheriff at the jail,
bexar county. He wore that
badge with a lot of pride. He
was able to climb the ranks
there at the bexar county jail
as a sheriff. He was very, very
proud and very determined to
move up. And, you know, he
loved to do what he did. If
anyone was doing anything
incorrectly or wrong, we would
tell them, you know, "my tío
rudy's the sheriff, so he's"
gonna come get you."
Tío Rudy and my tía Alma
were honestly a love story. The
way they just got along
together, they never fought in
front of us, and I'm not even
sure if they even fought about
anything. When my tío Rudy and
my tía Alma got married, I was
maybe a couple of months old.
They just loved each other so
much, and you could tell every
time, you know, at family
events, tío Rudy and tía Alma
were always together. And they
would go to the coast every
single year for their
anniversary. And actually, that
year he was planning to go on a
cruise. The night of October
11th, my tío Rudy didn't show
up at home. At first, my tía
Alma was like, "oh, you know,
maybe he picked up a second job",
"maybe, you know, he went out
with his friends and just"
forgot to tell her. When he
wasn't answering his phone, he
still hadn't showed up hours
later, she had called missing
persons and reached out to our
family friend, who was also in
the sheriff's department. I
know this is very, very unlike
my uncle Rudy to not show up,
not call. In the morning of
Friday the 13th, I woke up at
3:00 in the morning and tried
to go back to sleep. And then I
heard the phone ringing. It
just kept ringing and ringing,
and so finally, I was sitting
up. I was about to go answer it,
to figure out who's calling at
this time. And then I heard my
mom's footsteps and she
answered the phone. And ‐‐ and
she just started crying. I was
in the fourth grade at the time,
so I didn't know what was
happening. So I went to go
comfort her. And then she told
me that my uncle had been shot.
Our family friend actually knew
what had happened to my uncle
Rudy, but wasn't able to tell
my tía Alma over the phone
'cause it wasn't correct
protocol. I believe it was two
deputies who showed up to break
the news to her, about where he
was found and that he was
found. She couldn't believe it.
And she was like, "no, not my".
"Rudy. It can't be." Like the
rest of the family, too, that
he's no longer with us.
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My name is butch matjeka,
and I was the lead investigator
on the murder of Rudy lopes. On
October 12, 2000, it was late
in the afternoon. I was getting
ready to go home. Our shift was
just about ending. And our
office got a call for a doa, a
body that was found out behind
a strip center off thousand
oaks in north San Antonio.
Rudy's body was found by some
young girls who were walking
behind the strip center. Course,
they became very scared, ran
home, and parents were the ones
that made the 9‐1‐1 call. He
was face‐down with his hands
tied behind his back. He had
another piece of cloth or a
shirt that was wrapped around
his eyes as a kind of a
blindfold. We didn't get a lot
of information from the girls.
So we began what we call a
canvass. We start knocking on
doors, talking to people and
see if they heard anything, if
they saw anything. The owner of
the karate school, Charles
Dudley, he told us that the
night before, as he was closing
up, he saw a newer model Chevy
truck pull into the area at the
end of the strip center and go
around behind it. And Rudy had
a brand new 2000 Chevy truck,
dual cab, gold in color.
Considering the time of the
night, it was still fairly
early, 9:00. I don't think he
really thought anything illegal
was going on. It was just
unusual for him to see it. And
of course, it drew his
attention because that's his
business. We didn't get much
from anybody else in the strip
center, but as the story came
out on the news, we had a
police officer that called us
the very next day and told us
that while he was on patrol, he
heard a gunshot go off. So with
what Mr. Dudley told us and
what the officer told us about
the time of hearing the gunshot,
we were able to place rudy's
death around 10:00 that night.
We went and talked to Alma
lopes, rudy's wife. We learned
that Rudy had worked in the
jail. He was a jail sergeant at
the time, had a good
reputation. Alma never gave us
any indication that Rudy had
any threats made, that anybody
was out for revenge from the
jail. The only thing that kind
of drew our attention was she
told us that they were having
some difficulty in the
marriage. It had been some time
since they had been together.
We pulled his bank records. We
pulled all of his phone
records. Basically just threw
out a wide net. "Let's see"
"where he's been. Let's see what
he's been doing." As we looked
through his financial records,
what we did see was there was a
purchase made at frederick's of
Hollywood. I think it was
around $90. Alma told us he
hadn't brought anything home
from frederick's. So at that
point, we started to believe
that we might be looking at
some type of an affair, but we
weren't really sure what we
were looking at yet. We sent a
team of investigators to
frederick's of Hollywood to
look into this. Clerks see so
many people throughout the day.
It's hard for them to remember.
But amazingly, the clerk in
this particular case did
remember Rudy from the
description. She also
remembered that when Rudy came
in, he was with two people, a
young girl and another male.
And her idea, when this
purchase was made, was that
Rudy was buying the negligee
for the young girl. We asked
about whether he seemed to be
coerced. And her response to us
was, "no, this was very willing,
very voluntary." There was
nothing that would give her any
indication that anything was
wrong at that time. As we
continued to look through
rudy's financial records, we
found out that there were two
withdrawals from an atm machine
from rudy's bank on the day
that we believe he was
kidnapped and murdered. One of
the withdrawals was for $100.
The other withdrawal was for
$300. We went to rudy's bank,
and they were able to find
video footage that showed a
young girl driving a ‐‐ what
appears to be a newer Chevy
model truck, leaning out the
window, putting in the pin
number and making both
withdrawals before she drove
away. Rudy wasn't in the video.
So we continued to look through
his telephone records, and we
found a number of calls that
had been placed to a number of
hotels along the ih‐35 corridor
in San Antonio. We sent a team
of investigators to the hotels.
And again, thankfully, we came
across a clerk who remembered
the calls being made. They
showed her the picture from the
atm. The clerk remembered the
woman and identified her from
checking in as a girl named
trina dorris. Well, we don't
have a lot of information on
trina dorris, other than her
name. So, there's not a whole
lot we can do. We continue to
comb through his telephone
records, and we find a phone
number that he made four phone
calls to the day he died. That
comes back to a Robert brown.
We went to talk to Mr. Brown.
When we talked to Mr. Brown, he
remembered Rudy lopes calling
his home, trying to get in
touch with a woman who had been
staying with him. He also
identified the woman as trina
dorris. He also told us that
she was with a man who
identified himself as mo.
Robert brown had contacted
trina dorris and mo at the time
in response to a sex ad that
had been placed in a magazine
in San Antonio called "the
current." The ad was for, "have
"sex with me. My husband likes
to watch." That never happened,
although the promise of sex
kept coming. They told him they
were from out of town. They
didn't have a place to stay. He
allowed them to come to the
house and stay with him for a
couple of nights. He remembered
that on the day that Rudy lopes
was killed, Rudy called his
house four times looking for
trina, trying to get in touch
with her. Rudy had been
scheduled to meet with her,
allegedly to have sex that day.
Robert did tell us that trina
was a dancer, and she was going
out looking for work as a
dancer. And so, what that
necessitated was for the
homicide unit to visit almost
every strip club there was in
San Antonio at that time. We
sent investigators out
primarily around the area where
he worked, but we did visit as
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My name's Dan downing. I'm
one of the investigators that
worked a murder case just south
of Indianapolis in 2000. We
received information from San
Antonio officials that they had
a similar case with an
individual that was shot and
killed there, Rudy lopes. There
were some differences in Rudy
lopes'death. However, they were
both bound behind the back.
Both of the individuals were
shot in the head. Just prior to
8:00 a. M., I was notified by
our communications center of a
request for investigators at a
residence. I spoke with our
uniformed officers that were on
the scene. They kind of gave me
the rundown of what had taken
place. The homeowner was found
in the trunk of a burning
vehicle just north of Morgan
county. A passerby reported the
car fire. It was just off of a
state highway. We learned via
dental records that it was
robby bott. He was an airplane
mechanic locally here in
Indianapolis. Basically, a
divorced father, kept to
himself. Mr. Bott's home was
extremely neat. Everything had
a place, and you could tell
that it was very well taken
care of, but items were
missing. So, there were
imprints from where a stereo
would have been sitting and
different electronic items in
the house. We found in the
kitchen area two chairs that
were facing each other and a
large pile of cigarette ashes
to the side of one of those
chairs. There was also a small
amount of blood droplets that
were located around the chair.
That went along with our theory
that some type of an
interrogation or negotiation
that had taken place there in
the kitchen because they were
low‐velocity droplets, like
someone had been struck. There
were a couple fingerprints, but
the majority of the surfaces,
as we printed every surface in
the residence, we found that
they had been wiped off. On day
two of the investigation, we
received a call from the
speedway police department that
an identification belonging to
robby bott had been located in
a rental property in speedway.
The actual landlord had been
evicting his current tenants.
He had hired a cleaning crew to
come in and clean out all the
property of the tenants that
were living in the residence.
When they lifted up a couch
cushion, they found a .22 rifle
and also the wallet. There was
a great deal of blood that went
from the garage area through
the service door into the
residence, and then down the
stairway. Once we got to the
basement, we found a wardrobe
that was lying on its back and
had a padlock hasp attached to
the front of it. There was a
bullet projectile that was in
the box itself. There was also
a pillow that had a
through‐and‐through gunshot
wound, which would have been
indicative to using a pillow
over the end of a firearm as a
suppressor to muffle the sound.
A lot of the items that we
found missing from Mr. Bott's
house were now being utilized
in the speedway home. It
started to become more apparent
that Mr. Bott was encountered
at his residence in some way
and then taken to the secondary
location in speedway, where he
was then kept for a period of
time until his final demise.
Initially, we found some credit
card receipts at Mr. Bott's
residence. The wallet did not
have any credit cards. So we
started running through the
different credit services Mr.
Bott's information in an
attempt to find out or trace
his last steps. We found that
during the timeframe that Mr.
Bott was abducted, he had went
to several locations and
actually purchased numerous
household items. Generally,
people don't go on a shopping
spree right before their death.
We sent investigators to those
specific merchants to hopefully
obtain surveillance video. In
one of the stores, Mr. Bott was
walking along, pushing a
shopping cart that was full of
numerous items. He was
accompanied by a female. Mr.
Bott is shown in the video
looking up at the camera and
mouthing, "help me." During the
examination of the bank records,
we found that there were
purchases not only here in
Indiana at a local sex shop,
but also in San Antonio, Texas,
at a similar type of shop. We
also know that there's a female
that's involved. So we also go
back to Mr. Bott's residence.
We found in the master bedroom
but there was an empty condom
wrapper lying on the floor next
to the bed. We also found that
the bed sheets of the master
bedroom were gone. So at that
point, we're looking at, "was
this a sexual encounter gone"
wrong? Was this some type of
hook‐up, some type of a
"prostitution element that had
went wrong for Mr. Bott?"
During communications with San
Antonio police department, we
learned that, through credit
card statements, there were
purchases made in San Antonio,
Texas, and they had a similar
case with an individual that
was shot and killed there and a
male and female suspect who may
have been using aliases,
possibly a trina dorris and a
male by the name of mo. We were
able to identify trina dorris,
speak with her, and send
photographs to San Antonio
police department so that they
can compare with their videos.
It was not trina dorris. The
landlord in speedway was
forthcoming with the
information of who was renting
from him at that point time. He
had originally made an
agreement with the individuals
that were living there that
they were gonna do some
maintenance to the residence in
lieu of paying rent. They
hadn't been doing the
maintenance they agreed to, so
he was going to evict them. The
folks that actually rented the
place was Tess mcfarland and
Joshua Maxwell. Trina was a
friend of Tess mcfarland and
apparently had been using her
information as an alias. We
were able to run criminal
histories and obtain booking
photos of both those
individuals. We then compared
all of those photographs
against the videos here in
Indiana, as well as the video
from San Antonio, Texas, to
confirm that the people we were
looking for, in fact, was Tess
mcfarland and Joshua Maxwell.
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My name is Tessie mcfarland.
I was born in the outskirts of
Indianapolis, around wanamaker.
My biological father was killed
when I was 2, but my mother
remarried early on, and my
stepfather raised me as his
own. In my freshman year, I met
my son's father, and we got
together and stayed together
for several years. Money was
just so tight that when we
broke up, I was kind of on my
own. Josh Maxwell, he was a
friend of my brother's, and my
brother's friends, and during a
summer that I was going to
driver's ed, I was at a party
where we all sat around and was
watching basketball. That's the
first time I'd ever been
introduced to him, and I was 15
at that time. Fast‐forward five
years, I reconnected with Josh
Maxwell after he had been
released from prison. He's
looking for my brother, my
stepsister, and people that he
hung out with. Somehow, he ran
across my telephone number. I
was just like, "oh, wow," you
know, blast‐from‐the‐past type
thing. I believe our romance
was an absolute whirlwind. He
immediately moved in, where I
was living at the time. Like,
from almost ‐‐ from probably
two weeks in, we just had a
very strong connection from the
very beginning. It happened so
quickly that I think that's
also part of the reason why I
never seen red flags. I
originally met robby bott in
the bar that I was working at,
and he had worked for federal
express and had been talking
about openings in his job, how
well they paid or whatever, and
so I had got a business card
from him. I thought this would
be a great fit for Josh. They
started to set up meetings
where he could meet him in
person and show him around. He
had came to our house. I had
been to his house. I never
really realized that there was
maybe an underlining tone there,
maybe that he expected more out
of me and Josh. I went to my
sister's house to spend the
night with her, her children,
and my son. We were gonna all
get up and go somewhere the
next day, and apparently, robby
and Josh got into a pretty bad
argument in the basement of the
house that we were renting at
the time. He shot and killed
him. To my knowledge, Joshua
put robby's body in the trunk
of a car and lit the car on
fire. I absolutely was forced
into leaving Indiana. I would
have never left my child behind,
period, consequences be (bleep)
I would have stayed. Josh was
not going to allow me to stay
because he felt like I knew too
much and that whatever I said
would lead the cops directly to
where he would go. I was
handcuffed to every bed, every
bedpost. He took the handset
off of every telephone in every
hotel room. I never went
anywhere by myself. I was
absolutely in fear of my life.
One time I was able to write a
note to the hotel clerk. I
would try to sneak it in, in
between the stacks of bills
that I was paying with. And I
don't know if they just thought
it was a joke or they just
never looked into it, but
nobody ever contacted or
reached out to any number that
I left. We arrive at San
Antonio, and the car that we
were driving has got mechanical
problems. We go into a shoney's
restaurant, and not knowing at
this time, I guess Josh had
also contacted Rudy lopes. To
my knowledge, a sexual ad was
placed with Josh and an
ex‐boyfriend of his by the name
of trina, and it just happened
to be something that was a
longstanding or a long‐running
thing and you have to cancel
it. I don't know if it was a
newspaper thing. I don't even
know anything about it.
Apparently, Rudy had left a
message in his inbox, and he
had gotten a hold of him. He
comes into the restaurant and
sits down and tells Josh that a
cousin of his drives a tow
truck and he could get our car
towed to a mechanic, and he
would give us a ride back to
the hotel. At that time, I
thought Rudy lopes was an
absolute stranger and just
being nice, helping us with the
car. Later on is when I find
out that this was all a setup.
This was something that Josh
had planned. When we go to pick
up the car later on that night,
there was a bunch of trash in
the bed of his truck, and it
was rolling around, making a
lot of noise and he was
complaining about it. So he
wanted to get rid of it, and he
felt like it was scratching the
bed of the truck up. And so, he
asked, could he please pull in
there because he saw a
dumpster. I was inside the
truck, and I have the radio on.
I heard what I thought, like,
was a car backfiring. Josh
explains, then, that they got
into a physical altercation.
There was a discrepancy with
the amount of money that was
paid to have the car fixed and
a gun was pulled and ultimately,
Mr. Lopes was shot. I asked
Josh then, "what now? We have"
"to go back and see what's
happened." And he's, like, not
going to go for that. He gets
on the highway immediately and
just starts driving. We arrived
in California middle of the day
and was looking for a hotel to
stay in. We pull into a gas
station and go in to get gas
and ask for directions, and we
no sooner get pulled out and I
notice that there is a cop
behind us. The police officer
looks like, to me, that he is
running the plates of this
truck. And I told Josh. He just
tells me to put my seatbelt on.
And that, of course, was his
way of saying that he was not
going to pull over willingly.
He shoots right behind my head.
And then he shoots another shot
out the side window that's
rolled down. The rest of the
shots that were fired were by
the San Francisco police
department. A motorcycle cop
pulled right up on the side of
the car and shot into the cab
window, and it knocked the cab
window out and went into my
neck. Josh is now going down
one‐way streets. He's hit two
cars. I mean, it's become mass
chaos and confusion. And the
whole time, I have a bullet in
my neck. I start to freak out.
I'm bleeding a lot, losing a
lot of blood, and so I take a
towel and I wrap around my neck
and I tell them to let my mom
and my son know that I love
them.
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My name is Jim kopp. I was
lead prosecutor in the capital
murder prosecutions of Joshua
Maxwell and Tessie mcfarland.
When this case occurred, I was
chief of the intake division of
the bexar county district
attorney's office. We were
aware of the murder of Rudy
lopes, but at that point in
time, we did not know who had
committed the offense. The
district attorney got a call
from San Francisco saying that
they had apprehended two people
that were involved in it. On
October 17th, in San Francisco,
Joshua Maxwell and Tessie
mcfarland were in Rudy
lopes'stolen pickup truck. They
had run a red light. So a San
Francisco police officer pulled
them over. When he approached,
they took off in the vehicle.
He ran back to his car and gave
chase. There was a gunfight
through the streets of San
Francisco about 5:00 in the
afternoon. Ultimately, they
were able to stop them by a
police officer knowing that
their direction of travel
pulled crosswise into traffic,
so nobody could go forward. So
they were able to stop the
truck and get them out. During
the pursuit and gunfight in San
Francisco, the only person
injured was Tessie mcfarland.
She was hit by a bullet. The
San Francisco police officers
had no idea the car was stolen.
They were simply pulling it
over for a red light. It was
not known that Joshua Maxwell
and Tessie mcfarland were
involved in an incident in
Indianapolis until after they
were apprehended in San
Francisco.
Josh, what kind of vehicle
were you in?
Uh, a gold Chevy truck.
Whose truck is that, Josh?
Rudy, Rudolph lopes.
Josh, how is it that we came
to be here today?
Uh, they pulled me over.
The cops tried to pull you over?
Yeah. That's when
I hit the gas.
How come?
How come you took off?
Uh, because I'm wanted back
home.
For what?
Uh, murder.
Josh pretty much wanted to
take full responsibility for
the crime, and he did what
little he could to try to
shield Tessie from the
consequences of what they'd
done. In terms of robby bott,
we know both from the
statements Joshua made, as well
as the evidence recovered in
Indianapolis, that Joshua and
Tessie were in robby bott's
house. They watched a movie, we
believe. At that point in time,
we believe they abducted robby
bott. What they did is they
took him to the basement of the
house that they were fixing up
in Indianapolis, put him in a
wardrobe in the basement, and
locked it. They went back to
his house, took all kinds of
items ‐‐ vacuum cleaners, all
kinds of things. Then they went
back to the house. At that
point in time, they let him out
of the closet, took him
upstairs, and they had him take
them shopping. They went to a
store in Indianapolis and
charged up about $2,000 on his
credit card. And we have a
video of this. Then they take
him back to the house in
Indianapolis, then lock him
back up in the wardrobe. They
take a pillow, shoot robby bott
several times, take the body,
put it in the trunk of his car,
drive it to a deserted area
outside of Indianapolis, and
set the car on fire. Well, both
people, robby bott and Rudy
lopes, made contact with Joshua
and Tessie through some type of
advertisement for sexual
services. We don't really know
what hold they had over him,
but I figured there was
probably some type of
blackmail. I don't recall him
ever giving a motive for the
killing. There was other
videotapes which we had
recovered in which he indicated
a very strong dislike for the
police. But other than that, we
didn't really have any
particular motive, other than
probably just pure greed. After
hearing the interview of Joshua
Maxwell, the detectives did
want to talk to Tessie. Tessie
he was in the hospital
undergoing medical treatment.
She never indicated that she
was involved in what had
occurred during her statements
to the police.
I mean, you have to
understand the ‐‐ the situation
I'm in. If I don't do
everything he says ‐‐
we understand that.
One phone call, and my
family could be dead. That is
the only reason I never went to
the police before this. Because
I was scared. All the facts and
circumstances surrounding this
case led us to believe that
Tessie was fully involved in
everything that occurred. We
don't believe she pulled the
trigger. There were certainly
no evidence of that. But there
was also no evidence that she
wasn't involved in every aspect
of what went down. Before I
went to San Francisco, all we
really knew is that they were
apprehended in Rudy lopes'car.
We didn't have a whole bunch
more evidence at that point in
time. But once we heard from
the San Francisco detectives
that Joshua had confessed to
what had occurred in San
Antonio, at that point in time,
we had a pretty strong case.
The district attorney of bexar
county called me into her
office and told me to fly up to
San Francisco because she
wanted me to make every effort
to see that we could get him
back to Texas to stand trial.
One of the main reasons was
that they had killed a Texas
police officer. And of course,
it was a horrendous offense
that we certainly wanted them
to face justice for. It was my
understanding from Indiana that
they would not be able to put
on in their trial what had
occurred in Texas, whereas in
Texas, in our punishment phase
of the capital murder trial, we
could put on what occurred in
Indiana. The jury would know it
was not only one murder. It was
two cold‐blooded murders
committed for profit.
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When I heard about the
shoot‐out in San Francisco with
Josh Maxwell and Tessie
mcfarland and that they had
been the ones who were accused
of killing my tío Rudy, I was
extremely thankful whenever
they did catch them.
We had numerous items
linking them back to the crime
here in Indiana. There were
also witnesses that were
placing them in San Antonio. We
had video evidence. We had
fingerprints. The evidence was
definitely overwhelming against
both.
Joshua and Tessie were
indicted for capital murder,
but we couldn't try them
together. Joshua had prior
convictions out of Indiana, so
because of that, we could not
try Tessie with him.
Josh stood trial in February
of 2002. We attended that trial
and presented evidence from the
Indiana case. Josh had already
confessed to being the trigger
man and being the mastermind
behind this entire crime spree.
I followed that trial like
nobody's business. I wish I was
a little bit older, so I could
have been a little bit more
involved, but I guess it's kind
of a good thing. I've heard it
was pretty graphic with all the
pictures in there.
When Joshua and Tessie were
apprehended in San Francisco,
in the truck were some
videotapes and a video camera
that they had used to film some
recordings.
One of the main things that.
I participated in in trial was
introducing these tapes to show
not only Joshua maxwell's
personality, because in these
tapes, he's smoking dope, he's
using drugs, he's walking
around with a gun. He's
portraying himself as that
gangster persona.
Joshua Maxwell ‐‐ he never
testified, but during his
incarceration in Texas, he had,
without provocation or any
excuse, attacked a jail guard.
And that was further evidence
we were able to offer at the
trial to show that he'd be a
future danger.
The defense's position in
every death penalty case is to
mitigate the actors
involvement. "Show me something"
in this man's life that he
didn't have a choice. It was a
bad childhood. He was raised
horribly. He's got mental
"deficiencies or mental issues
that he can't deal with."
During the trial, it did
come up that Joshua, at about
the age of 12 or 13, found out
that he had been adopted and,
of course, didn't take very
well to that. And that that was
part of the reason why he fell
into the violent crimes.
That's what I'm talking
about right there.
To me, it wasn't very
compelling.
Look down the barrel, mother
(Bleep) My (bleep) Ha!
At the conclusion of that
trial, Joshua Maxwell was
sentenced to death. He was
incarcerated in huntsville and
remained there on death row.
About a year later, we tried
Tessie. We had all intentions
of moving forward with the
death penalty against her.
We had a pretty strong case.
There was a sex tape that
Tessie and Joshua had filmed,
along with the third person
that we don't know who we was,
just laughing and having a
great time.
Her defense was, "I'm a
victim. Joshua forced me."
Joshua kept me. But those tapes
proved that that wasn't so."
Okay, now, get up.
Alright.
The tapes, as well as all
the other evidence, led us to
believe that Tessie was fully
complicit in what had occurred,
that she wasn't acting under
duress.
I can't say that I've ever
been in that type of abusive
relationship, and I'm not
trying to talk down anybody
who's like that, but she knew
what she was doing. She chose
not to call the police. Even
though she didn't pull the
trigger, she's just as guilty.
About two weeks into jury
selection, Tessie came to us
and indicated that she wanted
to plead guilty to capital
murder if we would waive the
death penalty. We conferred and
agreed to do that. The state
waived the death penalty, so
she was assessed a life
sentence. She'll be eligible
for parole in 40 calendar years
under Texas law. I was
satisfied with the outcome.
I don't think that justice
was served because Tessie
mcfarland deserves to die. The
things that she and Joshua
Maxwell did to robby bott in
Indianapolis are just horrific.
The outcome, it's provided
some closure with my family,
but I don't think there'll ever
be any full closure because our
question would still be "why?"
Why would they do that to
anybody?
They would do these things
to two different people,
essentially torture them both
by holding them, shooting them,
everything else they had done
to them. And it was pure evil.
Looking back on that
situation, I would have handled
things in a completely
different manner. I'm almost 40
years old now. I'm a completely
different person. I absolutely
feel horrible for everybody
involved. If I could take
either one of their places, I
would. I absolutely would.
No one ever expects it to
happen to them. Hold your loved
ones very close. Tell them how
much you love them every single
day.