I climbed in the backseat and aimed the gun in different directions, trying to get his head in the right place. I immediately had trouble getting the gun over the top of the backseat to put it in the correct line. I tried getting him to look back at me like he was saying, “Hey, guys, what’s up back there?”
I tried all kinds of methodologies, moving my son’s head in different directions, and found that there was no realistic way from the backseat that I could get that shotgun to line up properly with the evidence.
I went around to the front seat and sat in the passenger side, which was the only other possibility. I tried from that side, and found it was possible to do it from the front. Brian would have had to have been asleep, passed out or so drunk that his head was just lolling against the headrest and he wasn’t paying a bit of attention, and the person with him in the front seat would have had to hold the shotgun in a funny fashion, the passenger door open and his right elbow sticking out in front of him. But he could do it. It was possible, but only if Brian’s head was waaaay back and he didn’t have time to push the gun away.
I made a mental checkmark that maybe it could have happened that way. But did it happen?
BRIAN HAD BEEN hanging around with a couple of no-good characters. They were involved in Dungeons & Dragons stuff and other role-playing fantasy games. That, in and of itself, didn’t mean anything, but they were into negative, evil, dark things, and Brian had talked about moving on from the group because they weren’t healthy for him to be around.
One of those guys said something strange later on when a private investigator hired by the family talked to him. He knew what Brian was wearing the night he died; he even purported to know what music was playing in the car when Brian died.
The family was convinced these friends took Brian into the mountains and killed him. But this would have required two cars, because obviously they left the scene, which was a remote location. I wondered why, if they wanted to kill somebody, they would drive two vehicles to a site so far into the hills. It would be easier just to drive his car down the block, shove him out, and blow him away. Furthermore, it was clear Brian drove himself up there. He was in the driver’s seat of his own car. His body wasn’t placed in the vehicle later, even though the family had this idea that somebody had changed his clothes, put someone else’s shoes on him, and put strange tobacco in his pocket-things that made no sense in the crime. No one would do that, but families, when they see some oddity about a crime, something that they don’t equate with their child, will deny what’s right before their eyes. The Lewis family said, “That wasn’t the chewing tobacco that he used,” “He would never leave his pocketknife at home,” and “Those aren’t his shoes.”
They thought they knew everything about their child, but nobody who stages a crime would change the victim’s shoes or put their own shoes on him. There was no reason to give Brian a different brand of chewing tobacco; it would be smarter to have him have his regular brand. If someone were staging a suicide, he would want everything to look as normal as possible. The family’s arguments were attempts at stirring the pot, not impressive for proving a homicide had occurred.
In theory, one could say that someone put a gun to his head and made him drive up there, but that beer bottle between his legs was interesting. The family was convinced somebody put that bottle there.
“What guy is going to think of that?” I said. “Especially after Brian’s head has already been blown off, and there’s a lot of blood all over the place? Would someone really crawl across the seat to put a bottle between his legs?”
Probably not. Chances were that Brian was drinking beer from that bottle. Did somebody abduct him at gunpoint, force him to drive into the mountains, and then give him a beer? We may see it happen in a Western, where a condemned man is given a final smoke, but it didn’t seem terribly likely for somebody who was about to be murdered in cold blood.
Nobody had a real, credible motive for killing Brian Lewis, not even for a rage-induced homicide, where somebody got mad and did something stupid. That would have happened in Brian’s home, where he kept the gun. Or if they went out for any reason, maybe he’d be shot somewhere nearby and the killer would have thrown his body into a ditch or left him in the car where he shot him. But to go up to the mountains to shoot him seems premeditated. And yet, if it was premeditated, why did Brian drive up there and have a beer?
None of the nonsuicide theories made sense.
There were two interesting pieces of evidence, one of which convinced me that Brian probably wasn’t killed by somebody else. The other one, however, made me wonder if somebody was there with Brian.
There was some flesh from the shotgun blast found on the passenger’s seat. There were three pieces where a person would be sitting, so I had to think, if somebody was sitting there and they shot him, how did these three pieces of flesh end up on that seat? That evidence couldn’t be there if something blocked it. Therefore, nothing blocked it. There was nobody shooting Brian from the front seat because then the flesh couldn’t have landed there.
Also missing was a transfer pattern-smears-in the car. When something like this happens, we’ll see smears from a person’s hand or some other part of the body that might have had blood on it. As they moved around in the car, opening and closing car doors, we would see evidence. Except for one location on the side of the driver’s seat by the door, I didn’t see any of that, either. Even that blood pattern was a bit questionable as it was not clear from the photo if spatter just landed in such a position or it was transferred from someone’s hands. Sometimes photos just aren’t totally clear, and they aren’t three-dimensional, so some determinations simply can’t be made.
It still seemed like Brian was alone in the car.
The passenger door was locked, too. If you blew somebody’s brains out, it would take a lot of thought to lock the passenger door behind you. We would have a very clever killer if that were true.
The odd piece of evidence that messed up everybody’s confidence in suicide was a little piece of flesh discovered in the driver’s doorjamb. How did that happen? In the photos of the car taken when Brian was found, the doors were closed. But if the doors were closed when Brian shot himself, how did the flesh get in the doorjamb? Somebody had to have disturbed the scene! There had to be somebody else involved! Brian couldn’t have killed himself and then opened the door! Either the door was open when he got shot and the flesh went there and then the door slammed shut, or somebody innocently opened the door, not yet seeing that the front of Brian’s face was blown off because his head was hanging down. When they pushed his head back toward the seat, they were startled and horrified-“Oh my God!”-and during that moment some flesh flew backward and went into the doorjamb. They slammed the door and ran.
Oh, but then we have the wrench thrown into even that theory. That one photo was taken after the boy was removed from the car. Here again we have the problem of not taking photographs properly or not taking enough photographs. A photo should have been taken of that doorjamb and then another a few feet back from the doorjamb and another a few more feet back from the doorjamb. If I see the flesh in all the pictures and Brian’s body in the one that is far enough away to capture his image as well, then I know the flesh was in the door when the police got to the scene. But all I have is a picture of a doorjamb with flesh on it and I don’t know if the medical technicians bumped Brian’s body against the doorjamb when they removed him from the car. If that happened, then that flesh isn’t part of the crime scene.
So Brian was likely alone at the crime scene. If somebody else actually was there, he or she still didn’t kill Brian.