Coins (Daniel Callaway and Patricia Andrews)

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Speaker 14 And who's next? I mean, that was our big fear. You know, by the time we observed the autopsies, we were very frightened that this individual, whoever it was, would continue killing people.

Speaker 1 I'm Scott Weinberger, investigative journalist and former deputy sheriff.

Speaker 12 I'm Anasega Nicolazzi, former New York City homicide prosecutor and host of Investigation Discovery's True Conviction.

Speaker 1 And this is Anatomy of Murder.

Speaker 12 Whether you're in a small town or a big city, a homicide investigation can demand an enormous amount of resources, personnel, and hundreds, sometimes thousands of hours.

Speaker 1 And since every murder requires the same attention, there's no economies of scale in detective work. Double the homicides, double the demand on your police force.

Speaker 12 The exception being when those homicides might be connected, when evidence suggests that multiple murders may have been committed by just one killer.

Speaker 1 It's an efficiency no department wishes for, but when two investigations merge into one, it can pay dividends in resources and, of course, in the hunt for justice.

Speaker 14 My name is Stacey Hayworth. I've worked at the Multnomah County District Attorney's Office in Portland, Oregon, for 31 years.

Speaker 12 Our guest today has plenty of those investigative hours under her belt in her career as a prosecutor in a county that encompasses a large portion of the Portland metropolitan area.

Speaker 14 Most of my time was spent in person crimes, domestic violence, domestic violence unit, criminal unit, the gang unit, theft unit. But most of my emphasis was doing homicide cases.

Speaker 1 And unfortunately, the majority of those homicides often brought her back to the same area, about five miles north of downtown Portland, a transitional neighborhood with a high crime rate.

Speaker 14 I would say that a good 50, 60 percent of the homicides I responded to were in that general vicinity, five mile. area.

Speaker 12 But throughout the early 2000s, there were plenty of young professionals that recognized the neighborhood's charm and potential.

Speaker 12 Among them were 32-year-old Daniel Calloway and his partner, Johnny Schultz.

Speaker 14 In the past, when I first began as a DA, it was not considered the best place to live. There had been a lot of gang activity in that area.
It had been getting better by the time Mr.

Speaker 14 Calloway and his partner moved there, but still somewhat of a sketchy area.

Speaker 1 The couple had bought a three-bedroom fixer-upper in the overlooked neighborhood in 2006.

Speaker 1 And after a fresh coat of paint and some small renovations, it was starting to feel like the forever home they had always dreamed about.

Speaker 12 But on the evening of November 16th, 2007, that dream turned into a nightmare. It was about 10 p.m.

Speaker 12 and Johnny had just come home expecting to see Daniel, who usually got home from work a little after 6 o'clock.

Speaker 14 Mr. Schultz was with a friend.
They entered the house and he immediately noticed that a table was askew in a living room.

Speaker 1 Johnny called out to Daniel, but got no response. The house was unusually dark except for a single light that was on in a first-floor bedroom.

Speaker 14 Johnny went back to that rear end of the house and located Daniel who was laying face down in that north east bedroom.

Speaker 12 Johnny rushed to his partner's side and rolled him over, only to discover that Daniel was bleeding from what appeared to be multiple gunshot wounds, including one to his head.

Speaker 1 Johnny called 911 911 and first responders rushed to the scene. But it was too late.
Daniel was declared deceased at the scene, shot to death in his own home.

Speaker 14 The initial information that I received was that there was a homicide victim at a home on North Montana Street in Portland. That was about four or five miles outside of downtown Portland.

Speaker 12 Stacy soon responded to the scene alongside police.

Speaker 14 I approached the house, obviously put on booties for my feet to not mess with the evidence and walk through the crime scene. The body was still there.
Mr. Calloway was still there.

Speaker 14 The scene itself was messy, as you might imagine. Things were displaced.
There was a fair amount of blood trailing from the living room area back to a northern area of the house where Mr.

Speaker 14 Calloway's body was face down on the floor.

Speaker 12 His injuries left no doubt of the killer's intent.

Speaker 14 Well, he had an entry wound right in his forehead, just almost at the eye level, but on his forehead. He also had a wound in his abdomen.

Speaker 1 There were also clues to when the murder may have taken place and perhaps why.

Speaker 14 He was fully clothed. He still had his coat on, so we knew that he was killed shortly after coming home from work.
We had learned from Johnny, Daniel's partner, that a large jug of coins was missing.

Speaker 14 We also later learned that there was a number of items taken, primarily camping equipment, clothing, shoes, that sort of stuff.

Speaker 12 Daniel's white subaru legacy was also missing from the driveway. So the initial theory was that Daniel may have interrupted a home invasion and paid the ultimate price.

Speaker 14 Yes, we were able to conclude that there were six shots fired. We found two of the bullets at the autopsy, one still in his brain.
Another one was found in his coat.

Speaker 14 And then the other four were located at the residence and various areas in the residence, primarily in the living room area.

Speaker 1 But the shot pattern was the first clue that this was not like other robberies that suddenly turned fatal, because the killer did not just fire and flee.

Speaker 1 He fired multiple times, striking his victim over and over until he knew he was dead.

Speaker 14 The other bizarre aspect was that a mop was used.

Speaker 14 And it was obvious that a mop was used because they enhanced the kitchen area by using a substance, a crime lamp did. And you could see

Speaker 14 that it had been cleaned up because you couldn't see it with the naked eye, blood in the kitchen.

Speaker 14 But, you know, once they used all their special chemicals, it was obvious that cleanup had happened at that residence. We knew some had happened because we found a bucket and a sponge mop.

Speaker 14 But it was so strange because what was this person trying to clean up? So that's what made that crime scene unusual.

Speaker 12 So not only did the suspect not flee the scene, he stayed to clean up, or at least tried to clean up any incriminating evidence.

Speaker 12 A hint that perhaps the killer may have been someone Daniel or Johnny knew or could identify.

Speaker 14 If you're an unknown assailant, you come into a home, you commit a murder. Why would you clean up? So that was just extraordinarily bizarre.

Speaker 14 You know, the only thing that we sort of felt like was, was he going to lie in wait for Johnny to come home? Did this person know Johnny?

Speaker 14 And thinking that Johnny would come home and he would kill Johnny as well.

Speaker 1 And despite the killer's efforts, he may have left behind some telltale clues to his identity.

Speaker 1 After spraying the kitchen with luminol, investigators were able to detect remnants of not one, but two distinctive sets of blood shoe prints on the linoleum floor.

Speaker 14 We had two separate types types of footprints, bloody footprints.

Speaker 14 One of the prints came from a pair of shoes that appeared to have been worn by the perpetrator and then placed underneath a master bedroom bed. Then it appears that he had taken another pair of Mr.

Speaker 14 Callway's boots, or hiking boots, put those on and left a separate print in the kitchen area of the house.

Speaker 12 So whoever killed Daniel had actually been walking around the crime scene in his victim's shoes, which is just a bizarre detail that once again does not seem to fit the normal M.O.

Speaker 12 of a burglar, even an armed and dangerous one.

Speaker 1 Or it was possible that there were actually two people involved in Daniel's murder.

Speaker 1 And Anna Singer, I think it's worth discussing and sort of peeling back what the scene was revealing to investigators. Let me key on a few things.

Speaker 1 The victim was still wearing a jacket, like if he just walked in. And so the shooter or shooters were already inside the house.

Speaker 1 And the next thing is that cleanup, so unusual, not the fact that it was being done, but the fact that after cleaning up, they just left the mop and the bucket.

Speaker 12 It really almost just goes to it's either one of two things, right?

Speaker 12 Did he interrupt a burglary, or was it that someone was inside waiting for him, kills him, and then takes things to make it look like a burglary?

Speaker 12 You know, you just don't know which way it goes, but that is going to be at least one of the crimes involved here. That much seems clear.

Speaker 1 Yeah. And either way, the multiple shots show intention to kill, and the cleanup definitely shows a consciousness of guilt.

Speaker 1 So as investigators began their victimology, we talk about that often, learning as much as they could about Daniel Calloway, the idea that he would have been the target of this kind of violence seemed incredibly unlikely.

Speaker 14 You learn a certain amount about people during these homicide cases, as you know, when you meet their family members and he was very much loved by his family and his friends.

Speaker 14 Daniel Calloway was very well thought of in the community. Among his friends, Johnny was not able to even think of an enemy.
This essentially was a hoodon case.

Speaker 12 According to his friends, he was the last person anyone would want to hurt. And when you got to know him, you could see why.
Daniel was born in Fort Collins, Colorado, before moving to Oregon in 1979.

Speaker 12 After college at the University of Oregon, he moved to Portland where he began to put down roots in what he saw as a progressive and inclusive community.

Speaker 14 He ultimately ended up at a hospital in town working for the oncology department doing research.

Speaker 1 And while his job title was clinical research assistant, much of Dan's work involved interacting with cancer patients and their families, for which he really had a special gift.

Speaker 14 He was known to be a very compassionate individual, very loved among his co-workers as well as the patients.

Speaker 12 Daniel also had a lifelong affair with the great outdoors and was known for his sense of humor and his dedication to social justice.

Speaker 14 Daniel was engaged in his community, went to community events. He was an active sort of environmentalist.
This is not the type of guy that you would expect to have crime committed towards.

Speaker 14 He had no record, nice guy, no enemies, nobody who had a motive to kill him.

Speaker 1 He was also in a loving relationship with his partner Johnny, a designer who shared many of Daniel's passions.

Speaker 14 They had been together. It would have been eight years the day following his murder would have been their eighth year anniversary.

Speaker 12 Johnny was also the person who knew him best. And as we know, early on in any homicide investigation, that's also the person detectives want to talk to first.

Speaker 1 And this is not out of any initial suspicion, but rather out of tried and true routine. As we know, the vast majority of murders that occur inside someone's home are domestic in nature.

Speaker 12 Johnny had been the person who called 911 and he was demonstrating what police interpreted as genuine shock and sorrow over Daniel's murder.

Speaker 1 He also had no criminal record, no history of violence, and no gun ever registered in his name.

Speaker 14 We knew that Johnny was at a pub in Portland with a friend of his conducting, I think, some sort of business stuff. He was with her from I want to say 6 p.m.
until he came home.

Speaker 14 So we knew he was not involved in the actual shooting.

Speaker 12 Despite some of the unusual details at the crime scene, detectives became more and more convinced that Daniel's killer or killers was not someone he knew.

Speaker 14 We couldn't see anybody in his life that would have done anything of this nature.

Speaker 14 And of course, we didn't think anybody he knew would have broken into his home and gone and stolen a Carlo Rossi jar full of coins. That's somebody who would be an unknown perpetrator, in our opinion.

Speaker 1 They believe the motive behind the shooting was robbery. However, what happened next threatened to change that opinion.

Speaker 14 While we were at the Callaway scene into the morning, we learned that there was a second homicide, and we had learned that it was only five blocks away from Mr. Callaway's house.

Speaker 12 Could this second homicide just blocks away really be a random coincidence, or were the two murders connected?

Speaker 1 The answer would be found in the forensics.

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Speaker 12 Detectives were still at the scene of the murder of 32-year-old Daniel Calloway when a call came in over the police radio. Another shooting had been reported just a few blocks away.

Speaker 14 Around five in the morning, so roughly 10, 11 hours later, two people heard a gunshot five blocks away from the Callaway crime scene.

Speaker 14 One of the persons who had called in to 911 described seeing two people sort of drag a person across the street. into a grassy area.

Speaker 1 Stacey Hayworth from the Maluma County DA's office joined detectives rushing rushing to the scene near the corner of Minnesota Street and North Killingsworth, just a short walk from where Daniel Calloway had been killed less than 12 hours earlier.

Speaker 12 And like Daniel, the woman had been shot in the head. She was dragged to a small patch of grass and presumably left to die on the side of the street.

Speaker 14 She had been found with just one gunshot and it was on the left side of her head, sort of in the jawline, just below the ear. Fully clothed, her purse was there, no money in the purse.

Speaker 1 The victim was ID'd as a local woman named Patricia Andrews.

Speaker 14 Patricia was 47 years old. She had three adult children.
Her mother lived in town. She was born and raised in Portland.

Speaker 12 So the empty purse would seem to indicate that Patricia was also the target of a fatal robbery. But once again, there were some strange details that stood out to police.

Speaker 12 One was the fact that she was not found near her home or anywhere she would have typically been walking, especially not at five o'clock in the morning.

Speaker 1 Yeah, and there was also the possibility that she had been killed somewhere else and left at that location, a theory which was also supported by the condition of her body when she was found.

Speaker 14 It looked like she hadn't been dragged because I think that her upper clothing was sort of moved up on her body.

Speaker 14 In other words, the clothing lifted while the body was being taken over to the side of the road into this grassy area where her body was found.

Speaker 12 There's also the fact that she didn't stand out as a typical target for a robbery. She was not in her car.
She didn't carry a cell phone or wear flashy jewelry.

Speaker 12 And typically, she carried very little money.

Speaker 14 She was not a person who had a lot of money at all. She spent most of her life, I think, relatively poor.

Speaker 1 However, police discovered that this was not a typical night for Patricia.

Speaker 14 That particular night, she had been playing video poker and had won approximately $450.

Speaker 12 It seemed like more evidence that Patricia was not picked at random, because how would the killer have known she was carrying that much cash unless he or she knew about her recent good luck at poker?

Speaker 14 It's possible that he was even present at the location where she won the money, that quite likely, because he would have learned that she won the money.

Speaker 1 So much like in Daniel Calloway's murder, you had a shooting death that had all of the markings of a robbery, but with some anomalies that suggested the victim was not picked at random.

Speaker 12 Unfortunately, also like in Daniel's murder, there were no immediate leads.

Speaker 12 And there was one disturbing detail that had been provided by an eyewitness that there may have been more than one person involved.

Speaker 14 There were two people in a home. I think one of them walked out and saw these two individuals moving Patricia's body.

Speaker 14 Upon seeing that, went back into the residence, was very frightened at that point in time, and then looked out the peephole of the front door of the residence to see when the two people, suspects, walked by the home.

Speaker 14 They observed one person walk by the home, so they surmise that the other individual left in an entirely different direction.

Speaker 1 So was this simply a crime of opportunity, or was Patricia's murder somehow related to Daniel Calloway's?

Speaker 14 Usually when we would have homicides close in time to one another in an area close, it's usually a gang-related homicide or homicides. In this instance, Mr.
Calloway was not a member of a gang.

Speaker 14 Ms. Andrews was not.
So these were not gang homicides. So it was unusual to have two homicides within a 10 or 11 hour period.

Speaker 12 Just the fact that they occurred so close to each other, one right after the other, people in the community could not help but think that they were committed by the same person and were worried that the person was still at large.

Speaker 14 It's a nightmare. I mean, as you can imagine, people were thinking, this is a crime spree.
There's two victims, two separate locations, and there's not a whole lot of time in between. And who's next?

Speaker 14 I mean, that was our big fear. You know, by the time we'd gone to observe the autopsies, we were very frightened that this individual, whoever it was, would continue killing people.

Speaker 1 And it was the autopsies that would provide the first definitive proof that these fears of a killing spree,

Speaker 1 they were well-founded.

Speaker 14 You know, I can tell you that we all sort of had this funny feeling that, you know, this doesn't seem right, but it really wasn't until we discovered at the autopsy that the same type of bullets were used.

Speaker 14 The bullet was not the usual type of bullet that is used. It's called a wad cutter, which has a blunt end instead of a pointed end on the bullet.
Usually used in target practice.

Speaker 12 These unique square-tipped bullets, they were the same type found at the scene of Daniel Calloway.

Speaker 1 Let me just add a quick explainer on wad cutter rounds.

Speaker 1 They're like tiny flat-top cylinders, like small little hockey pucks, designed primarily for target work and occasionally loaded in self-defense snub-nose revolvers.

Speaker 1 You know, these wad cutters remained a specialized round that virtually never surfaced at real-world homicides. And as an investigator, that would be a really important piece of data.

Speaker 1 It was proof that Daniel and Patricia's murders were connected, both victims likely killed by the same person.

Speaker 12 Which was both a tragic and frightening conclusion. But it also meant that a break in one case might be a break in both.
So remember that bottle of coins that was stolen from Daniel and Johnny's home?

Speaker 12 Well, it turned out that tracking that down would be the first step in solving both murders.

Speaker 14 We had a very whip-smart detective who worked on this case who had learned from Giamini that this very large Carlo Rossi bottle, liquor bottle, had been filled with coins. And this detective

Speaker 14 surmised that those coins would be taken to a grocery store, to a Coinstar machine within the grocery store.

Speaker 14 so that the defendant would be able to have easy access to money.

Speaker 1 Yeah, and if you don't know it already, a Coinstar is a vending machine where customers can bring their loose change, their coins, and exchange it for larger denominations of paper currency.

Speaker 1 And there happened to be one not far from Daniel Calloway's house.

Speaker 12 And it would make sense that whoever stole that big bottle of coins would likely want to exchange it for paper cash. So the detective found the nearest Coinstar location and pulled the video.

Speaker 14 And sure enough, he went to a Kroger store in Portland and was able to find surveillance video of the the suspect pouring the coins into a CoinStar machine.

Speaker 1 Now, that video was not the best quality and was not that helpful in getting a detailed description of the suspect, but it was a start.

Speaker 14 They knew that it was an African-American male, medium-build, I would say, not that not skinny. That's about it.
They could not tell who it was.

Speaker 12 So how are these investigators going to identify this person?

Speaker 12 Because you typically don't have to give a name or submit an ID to get your money from a CoinStar, but you do have to bring your receipt to the cashier.

Speaker 14 And that's where we hit our first break.

Speaker 14 They were able to go through the tickets from the Coinstar machine and there was one in the amount of roughly $40 that occurred at the same point in time that the surveillance showed him.

Speaker 14 They knew that this had to be the guy. The ticket eventually went to the Oregon State Police Crime Lab for prints.

Speaker 1 The crime lab took the paper receipt that was handled by the suspect and was able to lift, amazingly, a fingerprint from that.

Speaker 1 Now the next step was to try to find a match with any of the prints already on file with local, state, and even federal authorities.

Speaker 12 And just let me say that this process is not like you see on TV where a computer screen just spits out a match in a few seconds. It's more complicated and a longer process than that.

Speaker 14 I think people think that it's really easy to compare fingerprints, but you know, when we provided that ticket to the crime lab, the expert had to go back into records, compare the prints to certain other prints.

Speaker 14 In other words, he wasn't just able to put it through a machine and get a match. So it took a few days for him to make the correct identifiers, certain ridges and so forth that he had to use.

Speaker 1 And those identifiers signified a match with fingerprints on file belonging to a 27-year-old Portland man named Levine Gates.

Speaker 14 Ultimately, he compared the print to an old burglary case that Mr. Gates had been involved in.
And that's how he was able to confirm that it was Mr. Gates.

Speaker 12 Levine Gates had an arrest record that included charges of drug activity, weapons, and burglaries. But to investigators' surprise, nothing violent.

Speaker 12 Certainly nothing coming close to the crime he was now suspected of, a double murder.

Speaker 14 He did like to steal cars. He had two convictions for delivery of controlled substance cocaine.

Speaker 14 So he was a user and a dealer, but not a large dealer whatsoever, more just a hand-to-hand guy who lived somewhat of a marginal life. He was not on anybody's radar screen whatsoever.

Speaker 14 There was really no person crimes that would suggest that he would do anything like this.

Speaker 1 Nonetheless, he was now the top suspect in the murders of Daniel Calloway and Patricia Andrews. The only problem, he had no fixed address and police really had no idea where to find him.

Speaker 14 He was on probation and parole, although he had been out of contact, so we did not know where he lived.

Speaker 12 So it would take some time to track him down, which would involve identifying past addresses, family members, and other associates until they could get a lead on his whereabouts.

Speaker 12 But with a suspect capable of gunning down two strangers for what seemed to be less than $500,

Speaker 12 time was not a luxury investigators had.

Speaker 1 But this is where the case takes a really weird twist, because just as investigators are closing in on a suspect, there's a report of another break-in at the home of the first victim, Daniel Calloway.

Speaker 12 But luckily, this time no one had been hurt. And the intruder, well, they were gone before police arrived.

Speaker 14 It was obvious that somebody had been in there. There were some bizarre things in the house that had been done.

Speaker 14 There were a number of matches, like used matches all over the floors, like 19 used matches where we couldn't figure this out. There were some candles in some places.

Speaker 14 It was as if he didn't want to turn the lights on so people would suspect him of being inside the residence.

Speaker 1 But whoever it was that broke in seemed to be in no hurry to leave.

Speaker 14 There's a lot of wax from the candles on the floor. But the oddest thing of all was that he made himself a meal at the house.

Speaker 14 He got into the freezer and pulled out frozen shrimp, cooked some shrimp, put it in a ceramic bowl, and ate the shrimp. So the shrimp shells are still there.

Speaker 12 He took the time to prepare and eat a meal. It's the kind of bizarre, brazen behavior that made investigators believe it must be related to the murder.

Speaker 14 The whole case was creepy enough that we both thought this is our guy.

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Speaker 1 Not long after Daniel Calloway was shot and killed in his own home, someone broke into the house to do, of all things, prepare themselves a meal.

Speaker 14 It's just so brazen, and I really had never encountered encountered anything quite like it before in all the homicides I'd been out to.

Speaker 1 So Addison, you probably start by assuming it may be the same person who was involved in the murder. Is the shooter interested in returning to the crime scene for the thrill of it? Potentially.

Speaker 1 Is there a possibility in their mind that nobody has even checked and that something at the house that happened before may be still there? I mean, who knows?

Speaker 1 Either way, it's just an unbelievably weird situation.

Speaker 12 That part is 100% true, but I I don't know. When I look at it, it just seems to me that's actually not that well thought out, whether it was to fuel some sort of a habit, you know, gambling.

Speaker 12 Remember, Patricia was killed shortly after hitting a big at a local slot machine or a narcotics habit or just a person somehow down on their luck for some other reason.

Speaker 12 They're clearly looking for easy money. Look what was taken.
I mean, it is literally change and then the dollars that Patricia had on her.

Speaker 12 Well, then if it's the same person, so they go back to Daniel's home, which, as you said, is bizarre, almost like a squatter who wanted a place to stay.

Speaker 12 They light candles at night, which aren't as obvious as turning the lights on.

Speaker 12 So to me, this is like rather than some mastermind or anything like this deep-seated psychosis, it's more like someone or something, I should say, more simple, like a person who, I don't know, maybe doesn't have an address and is looking for quick cash.

Speaker 1 Yeah, I mean, clearly for the investigators, it's an unexpected development in the investigation.

Speaker 1 But it's also an opportunity, Anisega, because it provides yet another chance to collect forensic evidence that might further incriminate if it's their same person, as we've said, Levine Gates.

Speaker 12 Right, because there are dirty dishes that were left in the sink, and dirty dishes mean possible DNA.

Speaker 14 So the shrimp shells are still there, and fortunately, the fork was still there as well.

Speaker 1 A DNA sample was recovered from the dirty fork, and while there was no match on CODIS, it would come in handy to compare it to any future samples taken from their suspect if they could ever find him.

Speaker 12 Which Which was not proving easy, but you know what they did find? Daniel's stolen car.

Speaker 14 The car was found in a different area of Portland in southeast Portland, long distance from where the homicides occurred. The key was still in the ignition.

Speaker 1 And I'm sure the hope was that the car would provide a trove of strong evidence, hopefully pointing back to their suspect, Levine Gates.

Speaker 14 There were a number of things inside the Subaru, including this cheeseburger wrapper, you know, paper cup of Coca-Cola. It still had a straw and a lid on it.
That was there.

Speaker 14 Not much, if anything else. No belongings of anybody's.

Speaker 14 There was nothing that belonged to Mr. Gates or Ms.
Andrews that was found in the car.

Speaker 12 But thanks to forensic analysis, that fast food trash turned out to be enough because investigators were able to lift prints from the cheeseburger wrapper.

Speaker 12 Sure enough, they had a perfect match for both the coin star receipt and the print on file for their suspect, Levine Gates.

Speaker 12 forensic techs were also able to recover dna from the drinking straw and match it to the dna recovered from the dirty fork in daniel calloway's home which was the linchpin in tying gates to the second break-in but incredibly there was a second sample of dna on that straw and to detectives surprise it belonged to the second homicide victim patricia andrews and that scott right there is one of those things that you're like wait what it's the last thing i expected to hear but I don't know, it almost seems to me like maybe if this is Gates, that he was at the casino or wherever she was playing those machines, saw her with the money, and somehow, I don't know, he offers her a ride home.

Speaker 12 Maybe he knew her, we don't know, but that she's in the car at some point, right? And then he, I don't know, takes her money and kills her after that.

Speaker 1 Basically, it means that she was in contact with that cup and that cup ended up in the car, which is now connected to the first murder. The car from V1 or victim one and the cup from V2, victim two.

Speaker 1 So there's that connective tissue. The story behind it is still unfolding, but what an interesting development.

Speaker 1 The mounting evidence, Anasega, just added to the urgency to get Gates in police custody.

Speaker 14 At that time, had this very cracked team of multiple agencies on the lookout for him. We were able to learn about the sister's address through a parole or probation officer.

Speaker 14 And so that's when they started scoping out that area and located him.

Speaker 14 He was was eventually located about six weeks after the homicides and was living in the attic of his sister's, I believe it was a rental home.

Speaker 12 Taking no chances, members of the U.S. Marshals Oregon Fugitive Task Force set up a 24-hour stakeout of the property.

Speaker 14 They were surveilling the house and waiting for him to emerge. And when he did, it's 7 p.m.
on January 3rd. And he has three little kids with him from the ages of between three and five.

Speaker 14 So we don't know whether or not that was planned.

Speaker 1 On January 3rd, 2008, Levine Sterling Gates was arrested in connection with the murder of Daniel Calloway and Patricia Andrews.

Speaker 1 And even as he was being cuffed, he offered up critical evidence that did tie him to both murders.

Speaker 12 And I do think we need to note here that the kids were, of course, moved to safety first.

Speaker 14 I think the kids might originally have been there a little bit because they placed him into custody, put him in the the police car, and Mr. Gates is trying to tell officers something.

Speaker 14 And what he's trying to tell them is:

Speaker 14 could you give my backpack to the kids and have them take it home? Of course, inside the backpack is the Derringer that he used to kill both Mr. Calloway and Ms.
Andrews.

Speaker 12 Along with the gun, police found five.38-caliber wad-cutter bullets in Gates' backpack, the same unique ammunition used to kill both his victims.

Speaker 1 Inside his sister's home, police find even more evidence to tie him to the crimes, including Daniel's stolen camping equipment and his missing hiking boots.

Speaker 14 There were a couple of tents that were taken from the Callaway residence because as I mentioned,

Speaker 14 Daniel was an avid hiker. He had a couple tents and like, I want to say two sleeping bags, boots, hiking boots, you know, pretty high-end hiking gear and clothing, Timberland boots.

Speaker 14 But the strange thing is that Mr. Gates, he put together the tent in the attic and slept.
It looked like he slept in a sleeping bag in the tent, in the attic.

Speaker 14 And everything else was sort of strewn around there.

Speaker 12 Eventually, analysts would match the tread of the hiking boots with the bloody shoe prints found in Daniel's kitchen.

Speaker 1 And that gun in his backpack, that.38 caliber Derringer, that too was matched to both murders.

Speaker 1 But identifying the murder weapon also added a pretty horrifying dimension to the story of Daniel's murder.

Speaker 14 And as I mentioned, you know, he fired off six rounds at Mr. Calloway.
And the gun, we later found out was a Derringer, which essentially has a three-inch barrel, but it's only a two-shooter.

Speaker 14 So as you can imagine, it would have been horrifying for Mr. Callaway.
to confront Mr. Gates, who had a two-shooter and ended up reloading the Derringer two times before he completed the homicide.

Speaker 12 He reloaded his gun not once, but twice, firing all six bullets at his victim with the clear intention of taking his life.

Speaker 14 This is obviously a robbery, but it was

Speaker 14 primarily murder. It's almost like in his mind, he was thinking, well, you know what? I could show you some money for dinner.

Speaker 14 And then breaks into a home thinking that he could find some things and then comes across for Mr.

Speaker 14 Calloway and then, you know, just doesn't think anything of killing him, just immediately kills the poor man.

Speaker 1 And less than five hours later, he had encountered Patricia Andrews and shared a soda in Daniel's stolen car before robbing her, shooting her once in the head, and leaving her body on the side of the road.

Speaker 12 A pretty clear picture of the night of both murders had come into focus. But one thing investigators were never able to figure out was whether Gates had an accomplice.

Speaker 12 Because remember, there was an eyewitness who had reported seeing two people dragging Patricia's body across the street.

Speaker 14 We were never able to locate a second person.

Speaker 1 Gates was indicted on January 4th by a grand jury on nine counts of aggravated murder with a firearm, as well as six other counts related to burglary and tampering with evidence.

Speaker 12 As required by laws for a speedy trial, Stacey was ready to present the prosecution's case, but then that plan hit a delay.

Speaker 14 The defense attorney said that his client was, he thought, was unable to aid and assist in his own defense. So Mr.

Speaker 14 Gates was committed to the Oregon State Hospital under our Oregon rules that are called the fitness to proceed rules.

Speaker 1 Gates spent nearly nine months being evaluated for mental health conditions that would temporarily deem him unfit to stand trial.

Speaker 14 He had, in an earlier case, I believe in 2005, had been sent down to Oregon State Hospital as well. At that time, he had talked about hearing voices.

Speaker 14 And when you hear of people hearing voices, the automatic thing you think about is the schizophrenia.

Speaker 14 And while he had not been diagnosed with schizophrenia at that time, during the course of his stay now at the Oregon State Hospital pending this case, there had been a diagnosis of schizophrenia.

Speaker 12 That diagnosis was not unanimous, and there was some question as to whether Gates might be faking or at least exaggerating his symptoms.

Speaker 14 Now, there had been an additional psychiatrist who thought that he was malingering or was faking some of this.

Speaker 14 Infinite had claimed to hear auditory hallucinations, though I should note that none of these were command hallucinations that you might hear about in other murder cases where people hear God or somebody else telling them to kill somebody.

Speaker 14 There was nothing of that nature. So, had he wanted to use a guilty except for for an insane defense, it just would not have been successful.

Speaker 1 And the reason Stacey believed an insanity defense would not have worked is due to the Gates engaging in what she called goal-directed behavior.

Speaker 14 As an example, he fired the gun and loaded it up a couple more times. So, that's goal-directed behavior.

Speaker 14 And then having the presence of mind to put all this stuff in a car and then take it to the grocery store to cash in the coin. So he's in control of a car.

Speaker 14 He can conform enough to abide by the rules of the street. There's really nothing, no flags to suggest whatsoever that he was fearing to hear voices at that time.

Speaker 12 And if you recall, someone had tried to clean up the scene of Daniel's murder. That's evidence that the killer knew that what he had done was wrong and didn't want to get caught.

Speaker 12 And the standard for an insanity defense to prevail is that that person does not know right from wrong due to their mental condition.

Speaker 12 In the end, Gates decided to avoid a trial altogether and pled no contest to two counts of aggravated murder.

Speaker 1 So I'm sure our listeners have heard that being said, you know, probably on podcasts, TV shows, and movies. But what's the actual definition of pleading no contest?

Speaker 12 So basically, what it means is this: that it works like a guilty plea, but the person doesn't actually have to admit their guilt, right?

Speaker 12 So it's a workaround that achieves the finality of the plea and sentence. Yet also it's often frustrating because the killer doesn't ever have to actually admit their guilt.

Speaker 14 He just never wanted to say that he was guilty.

Speaker 14 So he would always say, you know, there's enough evidence to find me guilty of this charge, but I'm not going to plead guilty to it, which, you know, in my way of thinking is, you know, the coward's way out.

Speaker 1 And in this case, the plea of no contest guaranteed that Gates would be sentenced to prison, mitigating the risk of a jury trial, even one with so much convincing evidence.

Speaker 14 Just one juror that says no, and it could be a huge problem. So, yeah, we've had a very strong case.
As you said, anything can happen in a jury trial.

Speaker 12 But I can tell you that accepting a no contest plea from a defendant is still difficult, especially for the family, because it meant by law Gates did not ever have to admit guilt or allocute to his crimes.

Speaker 12 And that can leave a big missing piece in a family's need for accountability.

Speaker 12 Just hearing those words, I did it, I am guilty of these crimes, can be an important piece for a family that that has already lost so much.

Speaker 14 It's difficult when you speak to family members of victims to describe why somebody chooses to do that and why we're going to let them do that.

Speaker 14 You can imagine the anger on the part of Mr. Callway's parents, on the part of Miss Bea Andrews' mother and children.
What he's not going to say he's guilty is nothing to say.

Speaker 14 And then telling them, but look, if we refuse to do the no contest plea, that could end up being a huge trial that's going to prolong this whole situation and be much worse so we're going to let him do this and let him create this little fiction for himself and let's just know that we know he knows that he's guilty of these charges And then there's this, the plus side of his plea of no contest was Gates agreed to a maximum sentence.

Speaker 14 He had to agree to life, no parole.

Speaker 12 At the sentencing, family members of both Daniel Calloway and Patricia Andrews gave powerful and emotional victim impact statements.

Speaker 14 Patricia's mother spoke. She looked directly at Mr.
Gates and she told him to look at her.

Speaker 14 And she told him, I don't know the exact quote, but told him that she was being sentenced along with him, which is just heartbreaking to hear.

Speaker 1 Daniel's parents also expressed anger that Gates hadn't acknowledged his wrongdoing or showed any signs of remorse for the brutal and senseless killing of their son.

Speaker 14 Daniel's father, you know, these people are just so broken and just made a comment about, you know, what did you get out of this?

Speaker 14 $40

Speaker 14 worth of coins and a joyride in a car. Ultimately, his son was taken for that.

Speaker 12 Daniel's mom even played a recording of the last voicemail she ever got from her son.

Speaker 14 I can visibly see Mrs. Calloway just being tearful, having, you know, her face was crimson, shaking,

Speaker 14 just so saddened and just so justifiably angry

Speaker 14 about everything that happened in this case.

Speaker 1 As we've said before, there are never really any happy endings in the story of a homicide.

Speaker 1 Even when justice is ultimately achieved and the killer is removed from the streets, But there is an emotional and psychological toll on everybody involved, both survivors, investigators, and of course prosecutors.

Speaker 14 These cases, as you know, are just so difficult because you and I walk on to the next murder case. Of course, we have a memory of what happened.

Speaker 14 We remember these cases because they were important to us, but we don't walk out.

Speaker 14 of that like victims do and it just sort of makes you question you know know whether there's really truly justice in these cases for the community there's justice right this person is locked away and not available to commit more horrendous crimes in the future but for the family it just justice just rings hollow for them and certainly the day of this sentencing was very sad And so I asked Stacey the same question I ask many of our guests.

Speaker 12 What is it that makes you go on to keep doing the job?

Speaker 14 It's the knowledge that it's the right thing to do. And it's the knowledge that, you know, you are saving the community from future harm.

Speaker 14 And then it's the knowledge that you're always going to be there if people need you to do the next one.

Speaker 1 This was a case of an incredible demonstration in the use of forensic technology inside Daniel Calloway's home.

Speaker 1 They reconstructed the shooter's vantage with three-dimensional blood spatter geometry, lifted Gates's latent prints from the shattered rear door frame using magnetic powder and gel lifters, swabbed his palms and his cuffs.

Speaker 1 I mean, they did so much work with trace fibers and hairs.

Speaker 1 They really put this case together on the shoulders of every forensic person who ever invented some of the most important tools that are used today.

Speaker 1 And also, let me say, inside Callaway's vehicle, they were able to place Patricia Andrews inside moments before her murder, and that yielded such incredible results.

Speaker 12 Stealing is obviously a crime. People take things that don't belong to them for all sorts of reasons.
Poverty, addiction, sometimes just for the thrill.

Speaker 12 But here, two lives were also intentionally taken as part of that crime spree. Lives, two human beings that mattered, and who were loved by others.

Speaker 12 Daniel Calloway was murdered likely because Gates didn't expect him to be home. And rather than run, Gates shot him repeatedly, making sure he'd die.

Speaker 12 Patricia was likely robbed also and then murdered so she wouldn't report or ID.

Speaker 12 Let's leave today's episode not focusing on their killer, but rather two lives taken from this earth many years before their time.

Speaker 12 Patricia's family spoke of her loss at sentencing, and Daniel's mom played the voicemail she listens to on repeat to just hear the voice of her son. All loss is extremely painful.

Speaker 12 Loss to murder, clearly excruciating. Daniel Calloway and Patricia Andrews, you are both missed by many and remembered by this AOM community today.

Speaker 12 Tune in next week for another new episode of Anatomy of Murder.

Speaker 1 Anatomy of Murder is an audio chuck original.

Speaker 12 Produced and created by Weinberger Media and Frasetti Media.

Speaker 1 Ashley Flowers is executive producer.

Speaker 12 This episode was written and produced by Walker Lamond, researched by Kate Cooper, edited by Ali Sirwa and Phil Jean-Grande.

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