True Crime Vault: Forgiving A Killer

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Speaker 1 Welcome to the 2020 True Crime Vault, where heart-stopping headlines come to life.

Speaker 1 Now on 2020, as a father begs for his son's life, for stunning news just last night.

Speaker 4 The death row fight for life.

Speaker 1 For that very son who plotted the murder of his entire family.

Speaker 5 What's up, right now, he's shot in the arm. Apparently, the whole family's been shot.

Speaker 6 That son on death row for over 10 years.

Speaker 1 You were raised by a loving family?

Speaker 7 Yes, ma'am.

Speaker 1 But you still decided to kill them?

Speaker 8 I did.

Speaker 4 These last 48 hours, a literal countdown to see if he lives or dies.

Speaker 10 Can we stop for a second? That's...

Speaker 11 Right here tonight, the long and twisting journey to accepting the unbelievable.

Speaker 2 Bang!

Speaker 12 And the next thing I realize is I am lying down

Speaker 13 like this.

Speaker 14 Kent's response to me was, you guys are either way wrong or my son's a monster.

Speaker 1 How could a son do that? But why, Bart? I mean, this is the question that everybody wants to know. Why? And how could a father do the nearly impossible? Forgive him.

Speaker 7 I don't understand it. I look at it as a miracle.
Desire for revenge had gone.

Speaker 11 Now, that father's decade-long crusade to save his son, no matter what.

Speaker 18 Having these fantasies of murdering your family, he had to go to that length to feel alive.

Speaker 10 If we could all live twice.

Speaker 1 I'm David Muir. And I'm Elizabeth Vargas, and this is 2020.

Speaker 9 Death Row is ominous, cold.

Speaker 6 It is a place you look at it from the outside and you know what happens inside.

Speaker 1 In a race against time, 38-year-old Thomas Bart Whitaker's final days are ticking down on death row.

Speaker 1 Now he awaits a destiny that seems all but assured, execution by lethal injection.

Speaker 1 His father Kent spends these final days in a desperate hunt for mercy, on this day savoring what may be his last visit with his son in prison.

Speaker 7 As we were leaving, we put our hands up to the glass and he puts his hand up on the other side. And we smile, we say, we love you, and then we

Speaker 7 left.

Speaker 1 In Texas, a state that executes more prisoners than any other in America, Kent's is a fierce battle against the odds. His love tested by a terrible twist of fate.

Speaker 1 The son he is defending plotted the murders of his wife and his other son.

Speaker 20 Police say a masked gunman shot the Whitaker family as they returned home from dinner. Mother, Patricia, and son, Kevin, were killed.
Father, Kent, and son, Bart, were shot but survived.

Speaker 7 I am the single greatest victim in this crime, and nobody

Speaker 7 has to try to convince me of how awful this crime was. The death penalty is the wrong penalty in this case.

Speaker 1 The Whitaker story began here in Sugarland, Texas, where the sweet smell of success brought them everything they desired.

Speaker 1 It was the sugar industry that transformed this suburban backwater into one of the wealthiest towns in Texas.

Speaker 6 Sugarland is an affluent suburb of Houston, all-American town in which kids play in the street, in their front yards. It's a place where you want to raise your children.

Speaker 7 Get back in line, you little nerd.

Speaker 1 The Whitaker family videos paint a warm picture of a loving, prosperous home.

Speaker 21 Wave to daddy on the table.

Speaker 1 Tricia is a former teacher, turned full-time mom.

Speaker 7 Who's ready for Christmas? Yes!

Speaker 13 Yes!

Speaker 9 Yes! Yes!

Speaker 13 Happy birthday, dear Kevin!

Speaker 1 Every moment seems picture-perfect.

Speaker 13 Happy birthday, dear mom.

Speaker 1 Brothers, inseparable since birth.

Speaker 10 He looked up to me and wanted to be me and I thought that was so ironic because I wanted to be him.

Speaker 7 They played with each other from the time that Kevin was old enough to do it

Speaker 7 up until the end. They did stuff together.

Speaker 1 But who could imagine that inside that adorable little boy was a ticking time bomb of rage? What was your relationship like with your parents?

Speaker 10 It was a good relationship.

Speaker 1 We first met Bart Whitaker in 2009 when Bart spoke to former ABC News correspondent Mary Fulgenitti about his strange and violent journey. Your family tried to love you.

Speaker 10 It was idyllic, yeah.

Speaker 21 Hey, Bart, drive down the street to the stop sign for me.

Speaker 1 Bart's bond with his father, Kent, was especially close. From the moment Bart learned to ride a two-wheeler, he and his father shared a passion for biking.

Speaker 7 We tried to figure it out one time and ended up with about 15,000 miles that we've ridden together.

Speaker 1 So how did the son of this loving family end up here on Death Row?

Speaker 10 I was always an independent child and

Speaker 10 I think somewhere along in there,

Speaker 10 can we stop for a second? That's...

Speaker 1 What's bothering you right now?

Speaker 10 No, I'm just...

Speaker 10 It's all a lot thinking back on all those days. We had a pretty close family.

Speaker 10 In terms of what was going on inside of me, that was a little different.

Speaker 10 Never really fit in very well with anybody, to be honest with you.

Speaker 7 I think everybody knows horrible things can happen, but you just don't expect it.

Speaker 1 December 10th, 2003, a time for celebration at the Whitaker residence where Bart receives an extravagant college graduation gift, a Rolex watch.

Speaker 7 We thought we were celebrating the upcoming graduation of our son. He was supposed to be going to graduate school, going into law enforcement.

Speaker 10 We got ready for dinner and went to dinner.

Speaker 22 Lots of laughter.

Speaker 7 Yeah, we were happy and we were teasing each other.

Speaker 7 But then we did that whenever we were together.

Speaker 1 As they celebrate his graduation, only Bart knows that an intruder has quietly entered their home. His deadly plot is about to begin.

Speaker 10 Enter the house with the key. and the alarm code.

Speaker 1 As Kent snaps photos of his happy family, Bart poses with his favorite dessert bread pudding decorated to mark the occasion. Tricia smiling with her sons.

Speaker 7 That was after we finished eating. I'll bet you I took that no more than five or ten minutes before we left the restaurant, which is five minutes from our house.

Speaker 1 Bart smiles, and yet he knows that if everything goes as planned, in less than 30 minutes, his brother, his mother, and his father will all be dead.

Speaker 10 I don't really know a better better term for how I was feeling other than I was in autopilot. I wasn't even aware of myself.

Speaker 10 We left the restaurant and drove back to the house.

Speaker 7 And when we came back

Speaker 7 Kevin led the way to the front door and Tricia was behind him and when he stepped in that's when the shootings happened.

Speaker 10 I went out to my car to get my cell phone

Speaker 10 and I was walking back from the car when the first shots shots happened.

Speaker 14 I had been at church with my family eating dinner and had just gotten home and my pager went off telling me to call the police department.

Speaker 1 Sergeant Marshall Slot is a homicide detective. On any ordinary day, not much business for him and this town.

Speaker 6 Sugarland for years has been known as one of the safest cities in America. For the police, this is not something the likes of which they'd ever seen before.

Speaker 14 The dispatcher told me that four people had been shot. I initially thought she was joking with me.

Speaker 14 And I said, you're kidding, right? And she said, no. Need you to respond to Sugar Lakes.
A family of four has been shot.

Speaker 1 But why would a kid who had it all try to kill both of his parents?

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Speaker 1 Stay with us.

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Speaker 6 2020 continues once again elizabeth vargas

Speaker 1 Texas death row.

Speaker 1 On the surface, Bart Whitaker seems intelligent and well-mannered, the son of an affluent family, so it seems inexplicable why this quiet young man awaits execution for an unthinkable crime.

Speaker 1 You were raised by a loving family.

Speaker 1 Your mother loved you.

Speaker 1 Your father loved you.

Speaker 1 Your brother loved you.

Speaker 10 Yes, sir. Yeah.

Speaker 1 But you still decided to kill them.

Speaker 8 I did.

Speaker 1 A heinous crime committed on a whim, says prosecutor Fred Felchman.

Speaker 8 With Bart Whitaker, there's no reason why. He just wanted to, and that's what's scary about it.
He didn't need their money. He didn't need their love.
They had never done anything to him.

Speaker 8 He just wanted to do it.

Speaker 1 On the night of his graduation dinner, Bart charmed his family, playing the role of the gracious man of the hour. Or was he?

Speaker 1 You're smiling in the photo. This is like a half hour before your family's going to get gunned down.
What were you feeling?

Speaker 10 I was about as close to numb as a human being can get, I think.

Speaker 1 It was just after eight when the Whitaker family leaves the restaurant and Bart's secret murder plot is unfolding as he expects, just as he and his unwitting family arrive home.

Speaker 1 The Whitaker family suspects nothing, but as they enter the house, Bart hangs back.

Speaker 7 I'm on the front porch. I hear a shot.
Trisha's saying, oh no,

Speaker 7 and then another loud noise. I didn't recognize them as gunshots.
I didn't really understand what was happening.

Speaker 1 At the time, what were you feeling? Nothing.

Speaker 10 Nothing at first, and then the gunshots went off and

Speaker 10 chalk.

Speaker 7 I walked up to the door. All the lights in the house were out, but the street light showed a single figure in a ski mask, maybe six, eight feet away.

Speaker 7 My reaction was, I wonder which one of Kevin's goofball friends is playing a trick on us with the paintball gun.

Speaker 7 And I just stood there. But a moment later, I was shot too.

Speaker 7 Before I could call out to see how if Bart was safe, there was a fourth shot from inside the house.

Speaker 7 My God, he shot all of us.

Speaker 22 Why?

Speaker 1 As shots ring out, a neighbor calls 911.

Speaker 13 Someone's just shot on earth. Get over here.

Speaker 10 I know I ran into the house. They say I ran past my dad, but I don't even remember seeing him.
I do remember getting shot. I do vaguely remember making the 911 call.

Speaker 13 Okay, where have you been shot at, sir? In my arm. Okay, Bart, who shot you? I don't know.

Speaker 10 He went out the back door. I think I said that.

Speaker 15 I pulled up about three houses down, and I pulled my weapon, and I started running through the yards to get to the Whitaker house.

Speaker 1 First on the scene, Sugarland police officer Phil Prevost finds 19-year-old Kevin Whitaker dead where he fell, a single bullet in his chest.

Speaker 1 Tricia Whitaker also dies of a single gunshot wound soon after she's airlifted to the hospital. Incredibly, Kent Whitaker survives the attack, shot in the chest.

Speaker 1 Also wounded, Bart makes for a convincing fourth victim.

Speaker 5 Where are you in the house right now? In the living room. Okay, do you see the officer, Bart? Yeah.

Speaker 9 I asked, who are you?

Speaker 15 And he said, I'm Bart. He said, I live here.
This is my house. So I figured, you know, he belonged there.
And I said, where's the bad guy?

Speaker 5 Can you tell me anything about him at all, Bart? Did he sound black, white, Hispanic?

Speaker 10 It was to distance me from the guilt.

Speaker 1 So you were trying to throw the cops off, in your mind? Yeah.

Speaker 1 And it works like a charm.

Speaker 14 The crime scene that I was investigating was a burglary gone bad where the victims were shot by the suspect and the suspect fled the scene.

Speaker 1 Homicide Sergeant Marshall Slot thinks he's looking for a burglar with bad timing.

Speaker 14 We called out tracking dogs at night in an attempt to track the shooter.

Speaker 1 The dogs pick up a scent in the house and follow it outside to a dead end. Sergeant Slott scans the crime scene for anything that might lead him to the killer.

Speaker 1 He finds drawers pulled open as if by a burglar. A gun safe pried open.
Four spent shell casings. And on the kitchen floor, a 9mm handgun with four bullets missing from its clip.

Speaker 1 Investigators find no suspect fingerprints at the scene. They take the gun back to the crime lab for a closer look.

Speaker 24 Initially, it was processed for latent fingerprints.

Speaker 1 Investigator Max Hunter carefully tests the weapon and makes a hopeful discovery.

Speaker 29 Partial latent fingerprint was developed on the upper part of the left side of the slide. It was a partial palm print, but that palm print did not have enough information in it.

Speaker 29 We couldn't identify it to any one particular person.

Speaker 1 Tracking dogs identify the shooter's scent on the gun, but DNA analysis comes back negative. It seems the killer made a clean getaway.

Speaker 29 It seemed like every piece of evidence that we collected, we ran into dead ends left and right.

Speaker 1 Back to square one, Sergeant Slott and his partner Detective Billy Baugh go to the hospital to interview the survivors, Kent and Bart Whitaker.

Speaker 14 They were in separate rooms. So we first went to Kent Whitaker.
Kent seemed somewhat at peace. He was obviously upset, but not crying.

Speaker 14 But he very much demanded that we catch who was responsible for committing this crime.

Speaker 1 Lying in his hospital bed, Kent Whitaker is torn between emotional extremes. He wants revenge, but he also prays, asking God to give him the strength to do the impossible.

Speaker 1 Forgive whoever was responsible.

Speaker 7 And the moment that I did ask him to help me forgive, the strangest thing happened. This warm glow flowed over me just instantly.

Speaker 7 And I I looked at my heart and I realized that that desire for revenge had gone.

Speaker 1 The thought that it might be his own son he would need to forgive was the furthest thing from Kent Whitaker's mind.

Speaker 10 When he told me that he had forgiven the shooter, of course I didn't have the courage to say anything at the time, but how do you face that? I don't know how to face that.

Speaker 10 Hiding it all from everybody else was sort of like hiding it from myself also.

Speaker 10 There was also the fear of this place.

Speaker 1 All of Sugarland seems stricken with grief and outrage. More than a thousand mourners, including Kent and Bart, attend the funeral for Tricia and Kevin.
At the Whitaker home, it's a media circus.

Speaker 1 With the investigation hitting dead ends, Bart has good reason to believe he'd gotten away with murder. But when we come back, the huge secret he couldn't allow his family to discover.

Speaker 7 How could he be so stupid? I just read him the write act about how if he had been telling the truth, he would not be a suspect.

Speaker 31 It started with a phone call in the early hours of the morning.

Speaker 14 911, what is the address of your emergency?

Speaker 30 A terrified woman tells the operator she's been kidnapped, assaulted, and that she's trapped in a room with her attacker.

Speaker 30 He's fallen asleep, so she quietly and ever so carefully finds his phone and calls for help.

Speaker 14 Is there any way you can get out of the building?

Speaker 13 I don't know without waking him. I'm scared.

Speaker 30 This 911 call began an investigation that would turn the town of Ashland into a crime scene.

Speaker 4 We've got something big going on here.

Speaker 17 The first thing you hit my mind is a monster.

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Speaker 1 Sugarland, one of the safest cities in America, has just been the scene of a horrific crime.

Speaker 5 Apparently the whole family's been shot.

Speaker 1 Two dead, two wounded. It looks like a horrific burglary gone bad, or is it?

Speaker 14 There are some things that stuck out in our minds as being odd, but nothing that we could really hang our hat on to say this is not what it appears.

Speaker 1 To Sergeant Marshall Slot, the signs of burglary didn't quite seem right.

Speaker 14 The drawers being pulled out like they were and not rifled through was not typical of a burglary scene.

Speaker 1 Nor was the fact that the only thing missing from the house was Bart's cell phone.

Speaker 14 And the burglar leaves the gun, leaves all of the electronics, but takes a cell phone that we couldn't find in the scene. That was a real oddity that stuck out in everybody's mind.

Speaker 1 It's the little details that can be the undoing of one who would devise the perfect crime. The first clues for police arise out of the Whitaker's Last Supper.

Speaker 1 It was a celebration of Bart's announcement that he had just graduated from Sam Houston State University. But...

Speaker 14 Bart Whitaker had not graduated from Sam Houston State.

Speaker 1 A tiny imperfection in Bart's plot that became Big Crack.

Speaker 14 He had not even been attending the university. He was listed in their records as a freshman on academic probation.

Speaker 1 In Sergeant Slott's mind, Bart is now a person of interest. At the time that you're celebrating this, are you enrolled in college?

Speaker 10 I don't even remember. I don't think so.

Speaker 1 You weren't graduating from college?

Speaker 22 Certainly not, no.

Speaker 1 Bart lying to his parents about attending school when, in fact, he was hanging out in a townhouse that they had given him as a present.

Speaker 14 We took that information immediately and went to Kent Whitaker first with it.

Speaker 1 Kent is blindsided by his son's lie.

Speaker 7 I realized

Speaker 7 how could he be so stupid? I was so mad mad at him.

Speaker 7 I got in a wheelchair and I wheeled down to his room and I just read him the write act about how if he had been telling the truth, he would not be a suspect.

Speaker 1 He may be proven a liar, but there's still no proof that Bart is a scheming killer. But then a police officer raises a big red flag when he remembers a call to this house two years earlier.

Speaker 7 Trish and I were awakened by a phone call from the Sugarland Police Department telling us that Waco police had contacted them that Bart was on his way down here to kill us.

Speaker 7 It was something that a friend overheard Bart talking to his roommate about, and they concluded that it was a misunderstanding.

Speaker 1 Misunderstanding or not, in light of the murders, it is significant to Sergeant Slott.

Speaker 14 We've got the burglary scene that just doesn't look just right.

Speaker 14 We now know that the son is not graduating from Sam Houston.

Speaker 1 And now, a prior instance of an alleged plot by Bart Whitaker to kill his family.

Speaker 14 All those little pieces sent off bells and whistles in our heads is thinking, we need to start looking at the sun.

Speaker 1 They warn Bart's father, who refuses to believe that his son might be involved.

Speaker 7 I didn't believe it for a minute. No.

Speaker 12 7.54 p.m.

Speaker 1 Indeed, Sergeant Slot has little more than a hunch about Bart and a lot of questions.

Speaker 6 How might he have orchestrated this? Who might he have talked to to get this done? And was this something where he was planning for a big jackpot to pay out somehow?

Speaker 14 Monster DuVose is going to be playing the part of the suspect.

Speaker 1 So Sergeant Slot returns to the Whitaker's home for a video reenactment of the murders with the two survivors in identical arm slings.

Speaker 3 I hear bang

Speaker 12 and the next thing I realize is I am lying down

Speaker 13 like this.

Speaker 1 First with Kent and then Bart. I got shot.

Speaker 1 I fell back into the couch.

Speaker 18 and on the floor.

Speaker 14 There were no other witnesses. So my only two sources of information, one of them is the father of the primary suspect.
One of them is the primary suspect. So that was a juggling act.

Speaker 1 Then a huge break from a mystery man who walks into the police station one night, Adam Hipp, a bank teller who once went to high school with Bart.

Speaker 14 And then he dropped some bombs on me as far as, hey, Bart has contacted me before and asked me about making plans to kill his father, his mother, and his brother.

Speaker 1 Adam Hipp claims Bart tried to recruit him as a shooter in an earlier murder plot.

Speaker 14 One of the plans that he laid out to me that he and Bart had discussed was an exact mirror image of the actual crime scene.

Speaker 1 Sergeant Slot decides to hatch a plot of his own. He enlists Adam Hip to trick his friend Bart on a tapped phone line.

Speaker 23 He told me how your mom and your brother were killed and how your dad and you were shot.

Speaker 23 All that was very similar to what one of our plans was. Adam, stop saying our plan.

Speaker 23 Stop saying that. All right.

Speaker 1 I was very, very, very afraid of what he had to say on the phone tap Bart agrees to pay Adam twenty thousand dollars in hush money you say uh at least twenty thousand

Speaker 1 all right we'll work out the details using a courier service he sends hip a 250 down payment but then he does something brazen signing the way bill with the name of a murderer borrowed from a hollywood movie anybody could have worked for soza you never knew that was his power kaiser soze played by Kevin Spacey, is the criminal mastermind in the hit film The Usual Suspects.

Speaker 27 And Kaiser Soze will get you.

Speaker 14 Latent fingerprints. That's what all those markers are.
But every one of them on the package that was identified came back to Bart Whitaker.

Speaker 1 Now the police know they must warn Kent about his son.

Speaker 14 We feel wholeheartedly that he is responsible for this and that you are living with a murderer.

Speaker 1 But to protect the investigation, Sergeant Slott gives no details to Kent Whitaker.

Speaker 7 I knew they couldn't show show their whole deck of cards, but they could at least tell me something if they wanted me to believe them.

Speaker 14 Kent's response to me was, you guys

Speaker 16 are either way wrong or my son's a monster.

Speaker 1 Despite the warning, Kent lets Bart move back home. And for the next several months, Bart spends every free moment with his father, playing the perfect son, studying the Bible.

Speaker 7 He appeared as if he was really listening. And I told him, Bart, I can't read your heart.
You're either 0% responsible or 100% responsible. The point is that I love you.
God has allowed me to

Speaker 7 forgive everyone involved.

Speaker 10 He truly forgave the person that did this. I mean, he was the first real Christian that I'd ever met that really did what Jesus Christ told him to do.

Speaker 1 He asked you point blank, did you do it, Bart? Yeah. And you said, no, Dad.
Yeah, I did. Even knowing he was going to forgive you.

Speaker 10 Yeah, but it's not that simple. I didn't want to cause that pain on me primarily and on anyone else secondarily.
So

Speaker 10 I just was a weak, I was a coward.

Speaker 7 He was lying to everybody. He was fooling everybody.

Speaker 14 He did not move out of the home, and it was very soon after that Bart went missing.

Speaker 1 Seven months after the murders, Bart's abandoned SUV is found engine running outside a Houston apartment complex.

Speaker 7 And it was crushing

Speaker 7 because up until then,

Speaker 7 there was at least one member of my family that was still here.

Speaker 7 And now he's gone.

Speaker 1 But then a mystery man appears with evidence that would crack the case. Stay with us.

Speaker 1 Seralvo, Mexico, a tough little town about 50 miles south of the border.

Speaker 1 Legend has it, mobster Al Capone once hid out here, and if it was good enough for Scarface, it was good enough for another American stranger who suddenly showed up here looking for work and a new identity.

Speaker 1 He caught my attention because he was different.

Speaker 1 He was a white guy.

Speaker 1 Osvaldo Beneved and his close friend Uvaldo Salinas quickly accept the likable man who says his name is Rudy Rios.

Speaker 33 He told me his name was Rudy. He was a nice person.

Speaker 19 So this guy Rudy of course, is made up.

Speaker 9 He was a person, an identity concocted by Bart Whitaker.

Speaker 33 He told us he was a soldier.

Speaker 10 That was my legend down there. I was a soldier that was AWOL because I had been shot up and didn't want to go back.

Speaker 10 That was something that was told from the very first minute I was down there in order to cover me.

Speaker 1 Posing as Rudy Rios, Bart begins turning up a church and turning on the charm for a guitarist he meets there, Cindy Lou Salinas.

Speaker 1 He will bring me flowers. Look, I brought you flowers.
I thought he was so handsome and, I don't know, mysterious.

Speaker 1 She brings her new boyfriend home to meet her parents. He's an immediate hit.
Her father, Omero, even hires him to work at the family's furniture store.

Speaker 9 I ended up loving him like a son.

Speaker 6 Very, very much.

Speaker 1 Cindy Liu knows nothing of her boyfriend's true identity, but one night she gets a terrifying glimpse.

Speaker 1 It's what he says while consoling her after she smashes her guitar during an argument with her mother.

Speaker 1 He said, no, relax. Let's fix things.
He said, don't be angry at your parents. If you want, we can kill them.

Speaker 1 So I told him, no, it's not a big deal. And that's when I felt a bit of fear.
But I know maybe he said that, so I will calm down or to get me to laugh.

Speaker 1 But no one was laughing, certainly not back in Texas, where even Kent Whitaker was now beginning to believe the worst.

Speaker 7 When he ran away, it kind of kicked the third leg out of the stool that he must actually have been involved.

Speaker 7 By that point in time, I'm thinking it's pretty hard for me to extend any potential arguments against it.

Speaker 1 But investigators still had no physical evidence, no clue who fired the murder weapon. No idea what happened to Bart Whitaker.

Speaker 14 I had nowhere to look for him and no leads to follow up on to try and find him. So that was disappointing at times.

Speaker 1 The investigation is cold until a big break from two men who knew Bart while he was pretending to be a college student.

Speaker 14 Almost two years after the crime occurred, Stephen Champagne.

Speaker 6 Called me. Stephen Champagne was a Marine in 2005, but back in 2003 when the murders occurred, he was a bartender.
He worked with Bart Whitaker at the country club up near Lake Conroe.

Speaker 1 Now, Champagne was pouring out secrets about himself and Bart's roommate back then named Chris Brashir, two aimless guys at the time who were ripe for a payday Bart promised them if they would pull off an outrageous scheme.

Speaker 34 When they came in the house,

Speaker 34 Chris was to shoot them all.

Speaker 14 That was absolutely the break we needed.

Speaker 1 Champagne gives up the entire story of what happened on the night of December 10th, 2003.

Speaker 14 What was Bart's part in the plan?

Speaker 34 Pretty much set it all up.

Speaker 14 How did you know which restaurant?

Speaker 34 Bart had told me before they left.

Speaker 1 As the Whitakers unknowingly celebrate Bart's bogus college graduation at a popular Cajun restaurant, Steve Champagne watches from the parking lot.

Speaker 1 Meanwhile, Bart's roommate Chris Brashir hides in Bart's SUV outside the Whitaker home.

Speaker 10 At that point, Chris

Speaker 10 got out of the vehicle and entered the house with the key and the alarm code.

Speaker 14 Did you see them leave, Papado?

Speaker 22 Well, yeah.

Speaker 34 So then I pretty much followed him home. They pulled in the driveway and I just kept going.

Speaker 34 And then in a minute, Chris came walking like out to the car and got in the back seat. He said that Bart's brother had walked in first.
And when Chris shot him, he said before he shot him,

Speaker 34 he thought he smiled.

Speaker 34 Then Chris shot his mom and then shot Bart's dad in the shoulder. And then he acted like he wrestled around with Bart and shot Bart in the shoulder.

Speaker 6 You could characterize that interview as chilling.

Speaker 6 I don't think there's anybody who could watch that and not wonder how a person could be so cold.

Speaker 1 Unaware of Champagne's confession, Chris Brashir agrees to an interview, but quickly becomes very uncomfortable.

Speaker 23 I'm just gonna go. Is that

Speaker 23 all right?

Speaker 9 There's the door.

Speaker 1 To Sergeant Slot, Steve Champagne's confession yields the one thing that links this trio to the crime. He mentions a key piece of evidence that only the police knew about.

Speaker 1 A single glove dropped by the shooter found beside Bart's SUV.

Speaker 14 We knew about the missing glove, and obviously we had this glove in evidence already. So everything fit together just based on one small piece of evidence.

Speaker 1 But Sergeant Slot still has no physical evidence to link Bart to the murders until now.

Speaker 14 Stephen Champagne explained to me that he and Chris Brashier had thrown items from the crime scene into a bag and thrown that off a bridge that runs over Lake Conroe near Bart's town home in Willis.

Speaker 1 Down below, a dive team discovers a duffel bag. In the soggy bag, a treasure trove of decomposing evidence.

Speaker 1 It's a windfall for crime lab investigator Max Hunter, beginning with an innocuous-looking plastic water bottle.

Speaker 29 You just go around the rim of the bottle.

Speaker 1 And even after two years at the bottom of a lake.

Speaker 29 They were able to obtain a DNA profile from that swab, and that DNA profile matched the DNA profile from CRISPR Shear.

Speaker 1 Among the other items in the bag, a rare brand of ammunition identical to the fatal bullets. A glove that matches the one found at the crime scene.

Speaker 1 A pry tool that matches the marks on the Whitaker safe. A badly damaged cell phone.
A lab in England identifies Bart Whitaker as its owner.

Speaker 1 Finally, Sergeant Slot has the physical evidence he needs to link Bart to the murders.

Speaker 14 This was definitely when we said we've got it.

Speaker 1 But where is Bart Whitaker? Sergeant Slot obtains an arrest warrant, but he doesn't know that Bart, now known as Rudy Rios, is hiding in Mexico.

Speaker 1 And then, the biggest break of all, a phone call from the real Rudy Rios when we come back.

Speaker 17 Coming to Disney Plus in Hulu.

Speaker 27 Cassidy, get us home. Jonas, brother, you got it.
It'll be the best Jonas Christmas ever.

Speaker 25 Can't wait to see you guys. We love you.

Speaker 17 If they can only make it home.

Speaker 28 What's going on? Our tour plane burned? No.

Speaker 1 We cannot miss Christmas.

Speaker 11 Nothing can stop us from getting home now.

Speaker 13 Homeland.

Speaker 1 You lost all three of your

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Speaker 1 How does a seemingly normal, fun-loving boy raised in a beautiful home by caring parents?

Speaker 7 What is that thing? Whoa, Chris.

Speaker 1 Turn into a murderer who would ambush his own family and even take a bullet in the arm to make himself look like a victim.

Speaker 10 That whole plot was sort of like a game of chicken between me and the other guys. Who flinches? I never really expected Chris to pull that trigger.

Speaker 1 Did you feel any guilt? Did you feel any shame?

Speaker 10 I wasn't feeling much of anything, but it was there. It was just on a level that I wasn't paying any attention to.

Speaker 18 He seems singularly without remorse and without even the beginnings of remorse.

Speaker 1 A classic sociopath, says psychiatrist Dr. Edward Halliwell of the Hallowell Centers in New York and Boston.

Speaker 18 I was struck in the interview that he showed almost no emotion. Here's this young man who's done about the worst thing a person can do, and it's as if he's talking about the weather.

Speaker 1 That observation is confirmed in the confession of getaway driver Steve Champagne.

Speaker 14 Did you ever see any signs of remorse in Bart?

Speaker 22 No. What about Christ?

Speaker 1 And it gets worse. Champagne says Bart also talked about wanting to finish the job and kill his father.

Speaker 10 I'd love to have an outside perspective about why I think certain things.

Speaker 1 You know, what if the diagnosis is you are a sociopath? Well,

Speaker 10 then I am what I am.

Speaker 1 Dr. Halliwell has never examined Bart Whitaker, but also sees a narcissistic personality.

Speaker 18 It's an extremely dangerous combination because you have no guide, you have no internal breaks, and you have this tremendous feeling of emptiness, so you want stimulation.

Speaker 10 I hate myself. I can't imagine that I'm a narcissist.

Speaker 18 You want to somehow feel alive.

Speaker 9 And the normal things that make people feel alive, love, attachment, bonding, that's all gone.

Speaker 18 I mean, having these fantasies of murdering your family,

Speaker 18 he had to go to that length to feel alive.

Speaker 1 Finally, in September 2005, the climax in a long string of unsolicited witnesses and hard police work, there is some good luck that comes in the form of a phone call.

Speaker 6 The real Rudy Rios comes forward.

Speaker 19 This is the guy that Bart Whitaker had been impersonating. Oh, I know where he's at because

Speaker 1 A busboy at the country club where Bart worked, Rudy Rios, tells police he sold his identity to Bart and helped him escape to Mexico for a couple of thousand dollars.

Speaker 1 Now he's prepared to sell out his friend for a $10,000 reward from police.

Speaker 1 But if there's a reward, you know, I don't care.

Speaker 23 I turn his head up.

Speaker 14 I'm thinking this is the break we need. When Rudy Rios gave me this information and it seemed to check out,

Speaker 14 I was ecstatic.

Speaker 1 Bart Whitaker is arrested in Mexico and on the road back to Sugarland, Sergeant Slot has only one unanswered question for his prisoner.

Speaker 14 How did you get all of these people to do

Speaker 14 such horrible things for you?

Speaker 14 And Bart responded to me that it was easy. All he had to do was give them what they wanted.
What was y'all's benefit for doing this?

Speaker 34 Like I said, Bart said his family was worth a lot of money.

Speaker 14 Were you and Chris going to gain anything from this?

Speaker 34 He said he would give us a bunch of money. I mean, millions of dollars.

Speaker 10 That was motivation for them. It was never about that for me.
I didn't care about money. I had plenty of it.

Speaker 18 He had this amazing ability to inspire, persuade, cajole, to do something absolutely in their, not in their self-interest. I mean, to do something crazy.

Speaker 1 You plan to have your family killed, not once. Is that right?

Speaker 10 I believe there were three separate occasions.

Speaker 1 Why, bart i mean this is the question that everybody wants to know why i wanted revenge for being alive and i blame them for that i blame them for who i was instead of blaming me you blamed them even though they really loved you and nurtured you and tried to give you everything that they could possibly give you

Speaker 7 yeah but we didn't really connect on that level i think you really believed that who we were loving was someone that didn't exist and that he was hiding behind a mask so that we would never find that out.

Speaker 1 Next, as the last 40 minutes of Bart's life tick down,

Speaker 1 yet another twist of fate.

Speaker 1 Stay with us.

Speaker 23 What can I do for you?

Speaker 22 Nothing.

Speaker 1 With father and son both back in Texas, jailhouse phone calls confirm Ken's unwavering support of Bart as he awaits trial.

Speaker 7 Well, just hang in there.

Speaker 24 Keep calling.

Speaker 15 Love you. I love you too, guys.

Speaker 7 So I walk in this room, that little room with bulletproof glass between us, and he said,

Speaker 7 Dad, I'm so sorry. This is all my fault.
And it was at that point I realized he was saying,

Speaker 7 I did it. I'm sorry.
I want to confess.

Speaker 1 He believes his son has truly changed and repented and now feels genuine remorse.

Speaker 10 He's an amazing man.

Speaker 10 And whether or not I'm a person incapable of love, I am a person

Speaker 10 capable of feeling a very deep respect for that man. I love him to death.

Speaker 7 Forgiveness is absolutely critical if you want to heal from your loss.

Speaker 7 If you don't forgive,

Speaker 7 you're basically shackling yourself to the event that you want to grow past.

Speaker 1 Bart, how do you feel about your mother?

Speaker 10 I wish I could talk to her now. I'd like to tell her I'm sorry.
I'd like to redo that whole relationship from start to finish and be able to really appreciate what she was sending me.

Speaker 7 So,

Speaker 10 yeah, I'd like to.

Speaker 10 If we could all live twice.

Speaker 1 Two years after his arrest.

Speaker 8 We, the jury, do hereby find the defendant Thomas Barton Whitaker guilty.

Speaker 1 A jury convicts Bart Whitaker of the murders of his mother, Tricia, and his younger brother, Kevin, and sentences him to death.

Speaker 7 If victims' rights means anything at all, it should mean something even when the victim is requesting mercy and not just when the victim is requesting vengeance.

Speaker 1 We know that earlier this week, Kent took his fight to its final round. The Texas Board of Pardons and Paroles.
The prosecutor, unmoved.

Speaker 8 The father didn't want us to seek the death penalty, and he's the victim. However, I don't represent

Speaker 8 the victims per se. I represent the state of Texas.

Speaker 1 Kent, who has now spent more than a decade making the weekly drive to death row, asked his son be given a life sentence with no chance of parole. The odds were stacked against him.

Speaker 1 Since 1982, there have been only three commutations, so close to an execution. But then.

Speaker 4 Now to our other top story tonight.

Speaker 1 A phone call to Kent's lawyer with news beyond his best hopes. A unanimous vote to recommend clemency.

Speaker 25 Recommendation for clemency.

Speaker 7 It's bizarre, it's unreal, and we're just so encouraged that the system worked here.

Speaker 1 But that controversial decision isn't the final word. Would Governor Greg Abbott accept the board's recommendation? Kent goes to the governor's office but isn't able to meet anyone in person.

Speaker 6 He is a very law and order kind of guy and believes in the death penalty. There's a lot of speculation here, and I don't think anybody knows what the governor's going to do.

Speaker 1 For the longest time, Governor Abbott did nothing. Bart is a dead man walking.
He is taken to the death house, prepped for execution. Bart speaks to a chaplain.

Speaker 1 A last meal is served, chicken and chilatas. And then...

Speaker 36 This just coming into our ears right now, we understand that Governor Abbott has commuted the sentence of Bart Whitaker.

Speaker 1 With barely 40 minutes to spare, for the first time in more than a decade, a condemned man gets clemency.

Speaker 7 It was overpowering. And I'm so grateful.

Speaker 7 So, so grateful.

Speaker 6 He will spend the rest of his life in prison with no possibility of parole.

Speaker 1 For this father who has endured so much, the long, bittersweet journey has come to a close.

Speaker 7 I may actually have an opportunity to be in the same room with him, touch him, shake his hand, hug him.

Speaker 1 The smallest gesture, promising to turn their past into a future together.

Speaker 1 You've been listening to the 2020 True Crime Vault. You can find all new broadcast episodes of 2020 Friday nights at 9 on ABC.

Speaker 17 An all-new season of The Secret Lives of Mormon Wives is now streaming on Hulu.

Speaker 1 Mom Talk started as a sisterhood, and that's gone to flames. New secrets and lies are coming out.
This is going to be catastrophic.

Speaker 1 We're fighting for our marriages, and the girls are just putting us through hell.

Speaker 26 They make everything about themselves. I can't.

Speaker 1 Hopefully, this doesn't end in a bloodbath.

Speaker 17 Watch the Hulu original: The Secret Lives of Mormon Wives, now streaming on Hulu and Hulu on Disney Plus for bundle subscribers. Terms apply.