The Night of May 19th, 1983

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Speaker 19 Well, they were just catastrophic injuries and it's really amazing that all three didn't die that night. One, Cheryl, as far as we know, was dead on arrival at Mackenzie Willamette Hospital.

Speaker 19 The staff there was clearly not expecting this. They hear a car honking.
And somebody runs out and there's a mom or a woman standing by a car saying, somebody shot my kids.

Speaker 19 So the doctors are dispatched out there and nurses and sort of horrified to find one, two, and then a third kid. And they had been shot in the chest.

Speaker 19 Any doctor would tell you that there's just a few more catastrophic injuries, especially for a young child than to have gunshots to the chest. And

Speaker 19 I remember Diane at one of her news conferences. saying,

Speaker 19 if I had shot my kids, would I had not have done a good job of it?

Speaker 19 And I remember thinking not too long after that, you did a tremendous job if that was what you wanted to do. You did a great job.

Speaker 21 The story of the crime begins on the evening of May 19th, 1983. Diane Downs and her three children are riding along Mohawk Road.

Speaker 21 Dana Timms was a reporter for the Orgonian at the time, a correspondent for Eugene County. He describes the area around the shooting.

Speaker 19 It's a really pretty area. It's kind of a gateway to a couple of different river valleys.

Speaker 19 The Mackenzie River is really the defining water feature that comes down through there with a couple of other branches going off of it. A lot of farming activity and ranches up there.

Speaker 19 Some cattle, a lot of grass. It's very green, very emerald.
It's very pretty.

Speaker 19 There were probably homes spaced out maybe every half mile or so, sort of the way that you would have anticipated homesteaders, you know, 150 years before that, everyone having enough land to do whatever they wanted to do.

Speaker 21 Diane was on the road at 10 p.m. on a school night with her three young children.
According to Diane, her kids liked to sightsee and they would just drive for enjoyment.

Speaker 21 She stands by her story even now. After several decades in jail, she claims she saw a stranger in the road who flagged her down and she stopped to help.

Speaker 19 She was, you know, portraying herself as a good Samaritan, but even if you're going to do that, my sense would be maybe you just stay in the road and you roll your window down a little bit and say, what's the problem?

Speaker 19 But she pulled off the road, turned off the car, had the keys in her hand, and gets out of the car to go talk to this guy. It just seemed

Speaker 19 like an

Speaker 19 unnatural thing to do.

Speaker 21 According to Diane, the man then attacked her and her family in an attempt to steal a car, a quote-unquote carjacking gone wrong.

Speaker 19 In her telling, this guy wants the car, so what does he do? It's dark out. The headlights are shining forward.
He walks up to the car, leans in, and fires five to seven bullets at sleeping kids.

Speaker 21 The man then apparently fled, and Diane, having sustained a gunshot wound to her forearm, wrapped the arm in a towel and drove to a nearby hospital.

Speaker 21 But according to a witness, she wasn't exactly driving with a sense of urgency.

Speaker 19 One thing that has struck me then, and as has always struck me, was the testimony of somebody who was driving behind her on Old Mohawk Road as she was heading toward the hospital, and she claimed she had driven as fast as she could.

Speaker 19 And yet her arm was wrapped in a towel, in a perfectly folded towel that had been placed, obviously, in her car for some reason.

Speaker 19 So she was as a clinical narcissist, which is one of the three personality disorders that was diagnosed for her. The driver of that car said, we were going five to seven miles an hour.

Speaker 19 I would have passed, but there was a double yellow line, and it was just pretty dark and curvy out there, so he didn't feel safe doing that.

Speaker 19 But identified the Arizona plate that hadn't been changed yet.

Speaker 19 And again, you know, that's not enough on its own, but it was just a very, very telling point to me in terms of just the logic of the situation.

Speaker 19 It's not that far from where the shooting occurred to Mackenzie Willamette Hospital, where she ended up with the kids.

Speaker 21 What is the distance from the location of the shooting to the hospital?

Speaker 19 Oh,

Speaker 19 I'm sure it's less than two miles. And a lot of that's rural, so you can move along at a pretty good clip if you need to get there.

Speaker 21 Diane's brother, James, maintains that Diane had an excuse for driving slowly and that she still made it as quickly as possible.

Speaker 21 When I spoke to him about it, he was quick to point out that the witness who saw her driving wasn't behind her the entire way to the hospital.

Speaker 19 So one question I did have is why was she driving her vehicle very slowly on the way to the hospital after the incident?

Speaker 19 Real hard to describe that one. Basically,

Speaker 19 I think Inman was his name, said he was following her on Old Mohawk Road. The following period took place for about two, maybe three miles, right?

Speaker 19 So the shooting was two miles away from where, and he followed her on Kirby Roads for two miles. You must remember, really truly must remember.
She was just shot.

Speaker 19 She just had her child in the back seat was gurgling with blood because she got shot in the lung, right? Her lung had collapsed and she couldn't breathe.

Speaker 19 And she had to maybe tend with the child in the back seat and get her to roll over so she would stop gurgling.

Speaker 19 Her other boy in the back seat had been shot in the chest and he was also in the midst midst of dying.

Speaker 19 She was maybe reaching over to the child that was laying on the floor and saying, Cheryl, Cheryl, Cheryl, Cheryl. I wasn't there, right?

Speaker 19 But I mean, it's like

Speaker 19 she was obviously wrapping her arm with the towel.

Speaker 19 You know, I don't know. We can't really talk about the towel.
I don't have any idea. But I don't know why she was driving slow.
But if you can imagine

Speaker 19 being shot. And

Speaker 19 he only followed her for about,

Speaker 19 I don't really know, to be honest with you, two or three miles, but I know it wasn't a long ways. And yes, indeed, she was going slow.
And she almost drove off the road and things like that.

Speaker 19 But then what's important from my point of view is that when she got to that stop sign where she went right and he went left, that it's a 15-minute drive to the hospital from that point, right?

Speaker 19 She did it in 10 minutes.

Speaker 19 So yes, on the windy road, she was driving slow, right?

Speaker 19 Tending to her child that had just been murdered and shot, right?

Speaker 19 And but once she got to the open road and where all the kids were, I'm going to use the word stabilized in her mind, then she went to the right and she drove to the hospital and she got there and faster than the police could get there the next day.

Speaker 19 I think she was saying it took something like 20 minutes in her telling to get there. It just wouldn't have taken that long, especially if you were hurrying along with your shot kids.

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Speaker 21 No matter which version you believe, in the end, when Diane arrived at the hospital, the injuries to her children were catastrophic. Cheryl, her seven-year-old daughter, was dead on arrival.

Speaker 21 Danny 3 was paralyzed. And Christy 8 had suffered a stroke due to massive blood loss and was unable to speak.
James recalls the moment he heard about the shootings.

Speaker 21 Let's go back to the night of the shooting.

Speaker 19 How did you hear the news? You're in California.

Speaker 21 I want to know your experience. What happened that night?

Speaker 19 I was sleeping. My dad called me at 2.30 in the morning and said, your sister has been attacked.

Speaker 19 She's been shot.

Speaker 21 I wondered whether or not James believed her ex-husband had anything to do with it.

Speaker 21 Even when talking about this, James can't resist starting to put the pieces into place to demonstrate his sister's innocence.

Speaker 19 What did your mind go to, did you think, Steve? What did you think? I didn't think any of that. I really just, I stayed in the moment and I said, what?

Speaker 19 And my dad said, yeah, your sister has been shot. No, I didn't think anybody.
The state actually thought, Steve, that's a really valid question.

Speaker 19 And Diane says that the state, Doug Welch actually came to her and he said that,

Speaker 19 we know you didn't do this. And Steve has given us three alibis, and none of those three alibis turned out to be any good.

Speaker 19 So we really want to look at him, but we need you to testify against him. We need you to say it was him

Speaker 19 so we can do that.

Speaker 19 And she says, it wasn't him.

Speaker 19 You know, if it was him, I would be telling you. But it wasn't him.

Speaker 19 I mean, if

Speaker 19 it was 2.30 in the morning and somebody just attacked my sister. So it's like, I just started thinking about getting up there to be with family.
And that's about all. That's all my mind was.

Speaker 19 Just, you know, I need to go. I need to leave.

Speaker 21 James also states that Diane was tested for gunpowder residue and none was found, which he also attempts to explain.

Speaker 21 James has spent years trying to prove Diane's innocence and has a counter argument for nearly everything that might potentially point to Diane's guilt.

Speaker 19 The shooter that killed Cheryl, the shooter that wounded Christy and wounded Danny and shot my sister,

Speaker 19 when he was killing the family, he got in her car.

Speaker 19 The inside of that car was covered with blood spatter.

Speaker 19 The inside of that car had gunpowder residue.

Speaker 19 And my sister didn't have any on her.

Speaker 19 The driver's seat was clear or void of any gunpowder residue and blood spouter where the shooter would have been sitting or kneeling when he shot them.

Speaker 19 And so you come back and you put it all together. It's like, well, she didn't really have the gun, so somebody else did.

Speaker 19 She didn't have any gunpowder residue on her. Somebody else did.

Speaker 19 She didn't have any blood spatter on her, even though it was all over the car. So somebody else did.

Speaker 21 It's worth noting that while Diane tested negative for gunshot residue or GSR, the bullets were from a.22 caliber gun. We spoke to forensic scientist Jim Pecks, who worked on the Diane Downs case.

Speaker 21 He explains more about the residue test.

Speaker 26 It's my understanding that the deputy who

Speaker 26 took the initial report at the hospital swabbed her for GSR.

Speaker 26 And at the time,

Speaker 26 we would send those to a consulting laboratory for analysis.

Speaker 26 But in this case, you have to keep in mind that when we talk about swabbing persons' hands for GSR, what you're looking for are two rare earth elements that are not common in nature.

Speaker 26 One is barium and one is animone. These are intentionally placed in the primers of center-fire cartridges.
A22 is a rim fire.

Speaker 26 There is no barium and animone in a rim fire cartridge.

Speaker 26 So there is nothing to find.

Speaker 21 Diane also sustained an injury at close range, so testing her for lead would have been somewhat inconclusive because she was in what's referred to as the lead cloud, Pex explains.

Speaker 26 No, that's a

Speaker 26 when a weapon is discharged and the bullet exits the barrel, there is a cloud of vaporized gases that contain these trace elements and a little bit of trace element lead.

Speaker 26 And in center-fire casings, you would find your barium and animony deposited from this cloud. And the fact that she was shot herself,

Speaker 26 you would have found lead on her hands anyway.

Speaker 21 Despite this, James stands by his theory that Diane was not the shooter that night.

Speaker 19 Actually, it's a funny thing. There was a picture of her Diane at the hospital when she was sitting there.
And you notice that it's been destroyed at this point, actually. They destroyed it.

Speaker 19 And you can notice that her fingers are not full of dirt, where she might have buried something.

Speaker 19 Her hands are not clean, where she might have washed her hands, because there's been a lot of theories out there that, well, she did this and that she washed up.

Speaker 19 Well, my sister was shot in the left arm. The common theory out there is that when you get wounded in the left arm, it must be self-inflicted.

Speaker 19 If you self-inflict your wound, you have stippling around

Speaker 19 where the gun was next to your arm. There was no stippling on her arm.
And more importantly, when you talk about her left arm being broken, it didn't have a hole in it. She had one inch of bone.

Speaker 19 that was removed from her arm where it shattered her bone.

Speaker 19 And so if you say, well, she didn't have any gunpowder residue on her because she washed her hands. She didn't have any blood spatter on her because she washed up.

Speaker 19 Well, it's impossible. If you've ever broken your arm, you would know it would be impossible to move your arm.
It's impossible to lift anything with your arm.

Speaker 19 It's impossible to do anything with your arm, especially when you have a one-inch bone shattering. It was not a flesh wound.
It was a traumatic, traumatic injury to her arm.

Speaker 21 Not long after Diane and her children's arrival at the hospital, she became the main suspect. However, no arrests or charges were brought against Diane right away.

Speaker 19 I think that the press got the impression after about four or five days that the police were the ones who were perhaps looking at Diane.

Speaker 19 There hadn't been any other suspects.

Speaker 21 Police began to gather evidence to build their case.

Speaker 21 Officers were dispatched to search Diane's Springfield home and look for any potential clues or evidence and found some not so subtle clues that might point to Diane.

Speaker 19 They did get a break a little bit when they searched Diane's apartment in Springfield and found bullets that appeared to have very similar markings on them from the extractor mechanism in a gun that moves bullets through the chamber.

Speaker 19 The

Speaker 19 rifle they found in her apartment was a.22 caliber rifle, but so the bullets were also.22 caliber, but they would also fit into a handgun.

Speaker 21 After examination, the rifle was determined not to be the same weapon that fired the bullets at the crime scene.

Speaker 21 The bullets in the rifle, however, had markings as if they had been ejected from another weapon, possibly a pistol, and then loaded into the rifle. Jim Pecks explains.

Speaker 26 We looked under the bed and there was a rifle,.22 rifle under the bed. First thought was, oh, is this a possible murder weapon?

Speaker 26 And so we seized the rifle and I took it back to the laboratory after we finished processing.

Speaker 26 And the rifle had cartridges in the tubular magazine. And there were nine of them.
That's a significant number because a lot of.22 caliber semi-automatic pistols have nine cartridges in the magazine.

Speaker 26 And it's not uncommon for people,

Speaker 26 if when they're through shooting and they still have ammunition in the weapon, to take it out and maybe use it in another weapon, which appeared to be the case here.

Speaker 26 Because there weren't any markings on these cartridges that they had worked through the action of the 22 rifle. There were only markings from some other weapon.

Speaker 21 This wasn't enough to charge Diane with the crime. There was also something else strange about Diane's apartment.
It was nearly empty.

Speaker 19 She had just moved there, but it was very spare, very Spartan inside. Beds for the kids.

Speaker 19 But when police, who went there as soon as they could, looked at the refrigerator, there was nothing there, nothing to eat.

Speaker 19 A real shortage of comfortable and warm, suitable clothes for the kids. I think Diane's closet was probably the best stocked thing in the house.
And beside that, no books, nowhere to really sit.

Speaker 19 There was a TV because she liked to watch TV, so she was taking care of her own needs there, but apparently nobody else's were being thought about.

Speaker 21 Diane's brother, James, offers his own explanation. He believes the lack of possessions was a product of circumstance and not a sign of a bad mother.

Speaker 19 My mom and dad drove to Arizona with a pickup truck. That's sort of, you know, it's part of the state's theory.

Speaker 19 is that her house was, she was a bad mother. She had a house in Oregon and there was no furniture in it.

Speaker 19 There was no food in the refrigerator. Well, my mom and dad lived about, you know, four blocks away and the kids were always over there because my sister was always working.

Speaker 19 There was no furniture because they just got there six weeks previous with a pickup truck. They didn't, and her house just burned down four months before that.

Speaker 19 Do you remember what she packed up in that pickup? Just personal items. I was not there.
My mom and dad drove down there and did that.

Speaker 19 I was in California working. But yeah,

Speaker 19 I did not, I was not there. I just thought it was just a pickup, so you can't have too much.
But yeah, there was her house was very sparse.

Speaker 21 They did, however, find Diane's journals and letters to a lover in Arizona, which helped paint a picture of who she was and what investigators would later argue could serve as a motive.

Speaker 19 One thing she had kind of pointed

Speaker 19 them out, like, hey, I've got all these diaries.

Speaker 19 The writings in the first diary were all about this guy in Arizona, long poems. She wrote voluminously.

Speaker 21 The guy in Arizona was Robert Nick Knickerbocker.

Speaker 19 I did not know Nick existed until the state went to her house the night of the shooting and collected her diary letters. She gave them permission to go to her apartment and get the letters.

Speaker 19 Or get, I'm sorry, to go get evidence that might help. I don't know why they'd want to go to her house to get evidence, but they went to her house to get evidence.
And some of that evidence was,

Speaker 19 I'll call them diary letters. They weren't really in a diary.
They were just handwritten letters.

Speaker 21 The letters were unmailed, James claims, but there were, according to law enforcement accounts, tons of journals where Diane had written nearly every day about Nick.

Speaker 19 Basically told Nick, you know, it's like, you know, I wish that you were here. I wish that I was with you.

Speaker 19 I wish things were different. I want you.

Speaker 21 You know, I remember, you know, I never read the letters, but they were just love letters you know i mean there's no doubt that they were love letters and that was their motive james theory is that the letters were just a way for diane to vent privately and the fact that they were never mailed he believes shows that they weren't an act of a woman obsessed with a man despite the claims to the contrary well i mean it's it's really just um

Speaker 19 a think about it situation It had been six weeks since she left Arizona. She hadn't called him.
She hadn't emailed him. There was no email.
She hadn't written him.

Speaker 19 You know, there were letters written to him, but never mailed.

Speaker 21 It also came out that Nick may have half-heartedly proposed to her at some point.

Speaker 19 It seemed to go back and forth a little bit. He did, I think, propose, but maybe in kind of a backhanded kind of way and like, well, yeah, sure, that might be interesting.

Speaker 19 But nothing that would last for more than a day, perhaps. But when Diane heard that, she was just convinced that, well, he wants to be with me.

Speaker 19 And if I just kind of hang in there, I think I can make this work.

Speaker 21 As for the question of why the relationship with Nick ended, a person she clearly cared for, the belief is that Diane's promiscuity led to her contracting an STD that she later gave to Nick, who subsequently gave it to his wife.

Speaker 19 He basically had to tell her, I think that

Speaker 19 I have this and you probably have it now. You better get tested.
and here's where I got it. And so he had to sort of admit that.
And I think his wife ultimately forgave him.

Speaker 19 And I think that was kind of a turning point where it's not that he never saw Diane again or wasn't physical with her again, perhaps, but it did seem to mark something of a break in their relationship.

Speaker 21 Even with Diane supposedly over the relationship with Nick, the police still believed he was the motive behind the killing and would eventually push that narrative during Diane's trial.

Speaker 21 A phone call that apparently took place between Nick and the police didn't help to dissuade them.

Speaker 19 The motive, yes. I read a police report, and in the police report, it shows a conversation between when the police called him to tell him what had happened.
Nick, they says, you know, basically, Diane

Speaker 19 and the kids have been shot.

Speaker 19 And his first words were, I cannot believe she did this for me.

Speaker 19 I cannot believe she did this for me.

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Speaker 21 While Diane's children were hospitalized for their injuries, Diane herself was also undergoing surgery for the injuries to her arm.

Speaker 21 It was during this time that full custody of Diane's children was taken away.

Speaker 19 So she was initially hospitalized herself, released fairly soon after that, but she still had visitation rights. She was still the mom with 100% right to go see her kids.

Speaker 19 We learned at some point that Christie's heart rate was just spiking on the monitor when her mom came into the room.

Speaker 19 Again, some of this is hindsight, but you now know that she sees the person who killed her sister and shot her and her brother is right in the room with her. That'd be a little scary also.

Speaker 19 The county authorities, I think, moved to limit Diane's access to the kids after hospital staff were reporting that Christie appeared to be very traumatized when her mom was in the room.

Speaker 19 And I think that within four or five days, the police, not having any solid leads on any of their suspects,

Speaker 19 were feeling that we need to limit access that Diane had to her kids for their safety, for their mental stability, and all kinds of things.

Speaker 19 So they did go ahead and file orders that were approved by Elaine County judge barring Diane from having access to her kids.

Speaker 21 According to James, there's a more complicated story behind why Diane's custody was taken away.

Speaker 19 I know that they had police sitting outside the hospital room.

Speaker 19 Whenever we went to visit, it's like, you know, we were turned away. And so I don't know why.

Speaker 19 Well, I do know why, because it's real obvious why, and it's because they had an agenda that they had to defend.

Speaker 19 There were armed police outside the room because If there was a shooter on the loose who had tried to shoot them once, perhaps that could happen again. So they still had to take precautions.

Speaker 19 It wasn't a situation where they were dismissing any possibility that there was anybody else out there who could have intended this.

Speaker 19 I mean, you have a little eight-year-old girl who was just brutally attacked. She had a stroke.
Her sister is dead. And her brother is not even in the same hospital.

Speaker 19 There's two hospitals in the Springfield area, and her brother's at a different hospital.

Speaker 21 Diane was apparently upset that the siblings were separated and felt that they should be in the same hospital.

Speaker 19 And that was one of Diane's major contentions is to put them together so they can be a family together.

Speaker 21 One of the doctors had been given temporary guardianship over the children and according to James believed that Diane's custody should be taken away because she was trying to take Christy out of the hospital.

Speaker 19 And she was trying to take Christie out of the hospital, but she was trying to get her to the other hospital.

Speaker 19 or vice versa, get Danny to come to Christie's hospital so they could be in the same room and they could get better together.

Speaker 19 And that is, that's what I was trying to get at is the fact that they said that she's trying to get Chris, take Christie out of the hospital before it's time.

Speaker 19 Well, she was trying to take Christie out of the hospital to get her with her brother.

Speaker 19 So it was the day when she was due to have surgery that they ended up taking her rights away because she can't be at court on that day as her feelings.

Speaker 19 to defend herself, basically. And if you're not there to defend yourself, then

Speaker 19 you lose.

Speaker 21 But one has to wonder what the real motivation was behind keeping the children protected from Diane, especially Christy.

Speaker 21 Christie suffered a stroke from blood loss and was unable to speak for months following the shooting.

Speaker 21 But aside from Diane herself, Christie was the only other probable witness to whomever actually did the shooting.

Speaker 19 It took a long time for charges to finally be

Speaker 19 leveled against Diane.

Speaker 19 And I think that everyone knew that her older daughter, Christy, who had survived, I think Christy was eight when she was shot, her younger sister, Cheryl, who dived, was seven, and their brother, Danny, was three.

Speaker 19 The police were very clear in saying, we haven't found a murder weapon yet.

Speaker 19 So the search went on for that, and they spent hundreds of hours with divers deployed in local rivers where Diane... said that the shooting had occurred.

Speaker 19 She had pulled over right next to the Little Mohawk River.

Speaker 19 And so the assumption was, well, she tossed the gun in there. Nothing was ever found.

Speaker 19 So it became really clear that if anything was going to develop, it's probably going to be short of any other kind of physical evidence.

Speaker 19 It's going to be on Christie getting well enough that she could tell what happened that night.

Speaker 21 On the next episode of Happy Face presents Too Face, Diane sticks to her story that a bushy-haired stranger is the shooter, going as far as to record a play-by-play reenactment video for police.

Speaker 21 But a surprise past encounter with her ex-husband before the shooting could hold the evidence detectives need to charge Diane.

Speaker 21 Meanwhile, month by month, Christy, survivor and daughter of Diane, is getting stronger to share in court what really happened the night of May 19th, 1983.

Speaker 21 Our executive executive producer is Ben Bolin. Melissa Moore is our co-executive producer.
Maya Cole is our primary producer. And Paul Deccant is our supervising producer.

Speaker 21 Our story editor is Matt Riddle. Research assistants from Sam Teagarden.
Featured music by Dreamtent. Happy Vace presents To Face is a production of iHeartMedia.

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Speaker 25 Hey guys, it's Aaron Andrews from Calm Down with Erin and Carissa. So as a sideline reporter, game day is extra busy for me, but I know it can be busy for parents everywhere.

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Speaker 1 This is an iHeart podcast.