“The records say Swartz enlisted in the military in 1995 at age 19 and went AWOL two months later. He was arrested in Las Vegas in October 1997 and discharged in lieu of trial by court-martial four months later.” -Business Insider
Preview: The Ballad of Billi-Jo, True Crime with Aphrodite Jones (S4,E9)
On May 29, 2007, Billi Jo and Wayne Smallwood experienced a fire in their Fort Campbell, Kentucky home. They had three children living with them at the time of the fire: Sam, Rebekah, and Nevaeh. The neighbors ran outside to see what was going on only to find a chaotic scene. Wayne was on the ground with a broken ankle and Billi Jo was still on the roof attempting to escape the smoke and fire and screaming for help; she was holding her 14 month old Nevaeh. After passing the child down to firefighters, Billi Jo was reluctant to get off the roof because her other children were still in the home. Firefighters entered the burning home and found Rebekah but she was already dead and Sam was still alive when they carried him out of the house but he wasn’t stable enough to fly to the burn unit in Nashville. He died of his injuries at the local hospital. Billi Jo was airlifted to a Nashville hospital with second and third degree burns on her legs and one of her arms. Wayne arrived later in Nashville with a shattered ankle.
Before the fire, Wayne and Billi Jo had a pretty normal life. Wayne returned from his first deployment to Iraq nine months earlier. Like most military families, the Smallwood family struggled with their finances and the stresses of military life too. Both Billi Jo and Wayne had children from other relationships. Rebekah and Sam were Billi Jo’s kids and they stayed with her and Wayne’s son Cote lived with his mother. And just over a year before the fire, the couple had their own baby together: Nevaeh. Local authorities brought in federal authorities to investigate the burned out home. They found that one of the smoke detectors had been taken down and placed on a baby highchair. ATF also found a partly burned spout on a gasoline can. They brought in a working dog and the dog discovered an accelerant; the ATF believed gas had been used to start the fire and this was arson. They also found the Smallwood’s car had been vandalized, all the tires had been slashed, and someone left a threatening note keyed on the car.
Investigators interviewed Billi Jo and Wayne Smallwood in the hospital. Billi Jo told them earlier in the day they had driven back from Georgia after visiting Wayne’s family. On this day, Wayne was being especially nice to Sam which was atypical because he was usually pretty hard on him. According to Billi Jo, when they returned home, Wayne took the last of the cash and headed down to a bar on base to drink with his friends; the couple struggled financially. Billi Jo claims that while Wayne was gone, a man called the house threatening to harm Wayne. Billi Jo called the military police to report the threatening phone call, then she called Wayne at the bar. Instead of rushing home to check on his family, Wayne stayed at the bar. The MP’s checked in with Billi Jo but they told her soldier’s quite often played pranks on one another. Eventually, Billi Jo fell asleep with Nevaeh and Wayne fell asleep with Rebekah. When Billi Jo realized the house was on fire, she grabbed Nevaeh so they could get to safety yet Wayne jumped from the second story floor without any of the children.
ATF Agents interviewed the Smallwood’s small circle of family and friends to see if they could find anyone who had a reason to commit this crime. They learned that Wayne was embroiled in a contentious custody battle with his ex-wife. According to Billi Jo, Wayne had recently met with his ex-wife about their son and it lead to an argument; the two fought often. In the meantime, arson investigators determined that because all the locks were engaged downstairs, someone from inside the house had to have started the fire. Agents scrutinized both Billi Jo and Wayne looking for any inconsistencies. Billi Jo told them she went to Wal-Mart earlier in the evening to pick up some items for the baby but when they checked surveillance footage, there was no sign of Billi Jo at the Wal-Mart. When investigators questioned her about the inconsistency, she told them that it was a K-Mart, not Wal-Mart. The second time Billi Jo told the investigators what she bought, it included a gas can. This was a disturbing revelation but Billi Jo’s explanation was simple: military members are fined if they don’t mow the grass.
Billi Jo Smallwood
Samuel Fagan (9)
Rebekah Smallwood (2)
Prosecutors wanted to prove that Billi Jo torched her home on base in an effort to kill her husband Wayne and collect the $400,000 life insurance pay-out. When constructing their arguments, they noted that the Smallwood’s already had a couple gas cans in the back yard therefore Billi Jo didn’t need to purchase another one. Billi Jo said she forgot to bring a gas can with her when she ran errands and it was easier to just buy another one. ATF Agents visited K-Mart and learned that BJ had in fact visited the store that day. They also learned that the the nozzle on the gas can she bought matched the one found in the fire. And although Billi Jo said she needed to mow the grass, it had not been mowed that day. Federal investigators suspected someone who lived in the house started the fire so they interviewed Wayne and gave him a polygraph; he passed. In a separate interview, Billi Jo admitted she saw blue flames and this was a moment of revelation for the investigators because you are only going to see blue flame when the fire is first lit.
Billi Jo and Wayne argued a lot and Billi Jo testified that Wayne had a violent side too. Billi Jo admitted to confronting Wayne numerous times about his inability to manage money; Wayne’s gambling caused problems too. Investigators theorized Billi Jo had enough of Wayne and this was her motive. On the same night as the fire, the Smallwood’s were overdrawn on their bank account and Wayne had spent the last of their money on alcohol. If Wayne died in the fire, Billi Jo would receive $400,000. Hoping to find out who made the threatening phone calls, prosecutors subpoenaed the telephone records and found no threatening call had been made. Billi Jo says there was a phone call but the phone company said their records are almost 99% accurate. Prosecutors believe everything that comes out of Billi Jo’s mouth is a lie. Billi Jo’s injuries to the legs and one arm were also suspicious. They believed these burns were caused when a fire was ignited in front of her; they believe she was kneeling when she lit the fire.
In preparation for trial, the remains of the Smallwood’s home were removed and taken to a crime lab. It was at this time that forensic experts found overlooked evidence. They determined that the dining room window had been up about 6-8 inches at the time of the fire. This information damaged the prosecution’s theory to an extent because Billi-Jo believed a stranger entered the home and started the fire. The investigators believed either Wayne or Billi Jo started the fire because the house was locked up. Prosecutors moved forward with Billi Jo as their prime suspect because of her connection to a gas can and a financial motive to kill her husband. The prosecution took a look at the intruder theory and couldn’t understand how an adult got through the window and didn’t break or knock anything over. Investigators deduced it was highly unlikely that an intruder would enter the home and not alert the family dog.
Six months after the fire, Billi Jo reported that Wayne was acting erratically and in November 2007, he attacked Billi Jo with a knife. He was convicted of assault and spent eleven months in jail. Billi Jo and Nevaeh move to Georgia with her mother. Two weeks after Wayne was released from jail, Billi Jo was arrested for setting the fire that killed her two children Sam and Rebekah. Five years after the fire that killed Sam and Rebekah, Billi Jo went to trial. The prosecution claimed Billi Jo’s motive was to kill her husband for the life insurance money but the plan backfired and she accidentally killed two of her children. In court, the defense attacked the prosecution’s circumstantial evidence but the jury wasn’t buying it. Billi Jo Smallwood was found guilty and sentenced to twenty-five years in federal prison. Billi Jo’s mother believes she is innocent and that someone out there knows something.
Source: The Ballad of Billi-Jo, True Crime with Aphrodite Jones
Investigation Discovery:
ID Go: When a house fire takes the lives of Wayne and Billi Jo Smallwood’s two young children, everyone on the Fort Campbell military base is grief-stricken for them. But when it turns out the fire was intentionally set – grief turns to outrage. -The Ballad of Billi-Jo, True Crime with Aphrodite Jones (S4,E9)
Editor’s note: With a cable subscription, you can download the free ID Go app and watch all of the Investigation Discovery programming at your convenience. And for those who do not have cable, you can watch “unlocked” episodes on the ID Go app including the latest premieres. Download the ID Go app and binge away. For those who prefer commercial free programming during your binge session, Prime Video has an ID channel: ‘True Crime Files by Investigation Discovery” available for $2.99 a month. It’s a compilation of older seasons but totally worth the cost if you are a true crime addict.
Thomas J. Boyle, Jr. died in Kandahar Province, Afghanistan on June 19, 2012.
“Obviously, suspicions are not proof of wrong doing, but Pauline Boyle has discovered enough evidence to warrant an all-out independent investigation. The problem is that asking the Army to investigate itself is asking the Fox to guard the hen house. The result will always be questionable. The Boyle family does have hard facts that clearly indicates there was an overt attempt to cover-up the circumstances of Thomas J. Boyle’s death.
Was there a military drug cartel that no one wanted to talk about, or was it a conspiracy of some of the soldiers on base to stop the change of command and keep the lieutenant colonel in command for as long as possible.”
The U.S. military is grappling with a disturbing trend—soldiers are killing themselves at an alarming rate. So far this year, an average of one soldier a day is committing suicide. The suicide rate is outpacing the number of soldiers killed in Afghanistan this year by some 50-percent. -Fox 31 Denver
DENVER – The U.S. military is grappling with a disturbing trend—soldiers are killing themselves at an alarming rate. So far this year, an average of one soldier a day is committing suicide.
The suicide rate is outpacing the number of soldiers killed in Afghanistan this year by some 50-percent. And there have been high-profile cases here in Colorado.
It’s gotten so bad, that the defense department has even set up a suicide prevention office. Soldiers we talk to say the reasons for their life-threatening depression are many.
Katherine Morris, 22, was found dead in her car near the Arundel Mills Mall in Maryland on May 6, 2012. Katherine was a University of Maryland student and married to Army spouse, Isaac Goodwin, who was stationed at Fort Bragg in North Carolina. According to a website dedicated to Katherine Morris, she died from carbon monoxide poisoning from charcoal grills lit in her car. Katherine’s family questioned the ruling of suicide by the Army and the Anne Arundel County police department immediately and were eventually successful at getting some retired civilian detectives to look into their suspicions of homicide motivated by life insurance fraud. Interestingly, Anne Arundel County police department also had jurisdiction of the homicide investigation of Army soldier Karlyn Ramirez, who was murdered in 2015. Karlyn’s husband Maliek Kearney and his new girlfriend Doris Delgado face federal murder charges. Karlyn’s homicide is similar in motive to the theories Katherine’s family has about her suspicious death. Karlyn and Katherine both appear to have been targeted and became the victims of domestic violence and/or life insurance fraud. The true motivation behind the Karlyn Ramirez and Katherine Morris deaths is unknown at this time but given how many homicides occur in the military with the common motive of domestic violence and/or life insurance, the Katherine Morris case deserves a second look.
Three families have asked for similar law changes for victims of domestic violence in the military since 2011. Representative Bruce Braley introduced the Holley Lynn James Act on behalf of Fort Bragg Lt. Holley Wimunc who was murdered by her Marine husband John Wimunc in 2008. The bill was advocating for the removal of the Commander and the Chain of Command from the investigation and adjudication of felony crimes like domestic violence because of their inexperience with the modus operandi of offenders. Unfortunately the bill was never even considered and this bill may have had the power to prevent what happened to Katherine Morris, Michelle Miller, and Karlyn Ramirez. Michelle Miller’s family believes she was targeted by an Army recruiter at her Rockville, Maryland high school and became the victim of domestic violence and homicide, despite the Army’s ruling of a double suicide. As a result, Michelle’s family is advocating for Michelle’s Law, which is an effort to encourage Congress to pass a law that would try military abuse and murder cases in civilian court. Katherine’s family is currently advocating for the Katherine Morris Military Spouse Protection Act. All of these law proposals ask that the Chain of Command be removed from the investigation and adjudication of felony crimes because of their inexperience at handling these complex cases. Similar bills have also been introduced to Congress to include the Sexual Assault Training, Oversight, and Prevention Act and the Military Justice Improvement Act. The military needs experienced investigators to get to the bottom of the truth in an effort to prevent crime and save lives.
In the News:
Family of Katherine Morris wants Dept. of Justice to investigate death. -WMAR-2 News (August 10, 2015)
The cold case of missing US Army soldier Kelli Bordeaux was featured on Investigation Discovery‘s show Swamp Murders (“Murder of the Medic”). Kelli was stationed at Fort Bragg in North Carolina when she disappeared in 2012. The Army contacted the local Fayetteville Police Department and asked them to check on her in her off-base housing because she didn’t show up for work. She was considered Absent Without Leave (AWOL) which is an arrestable offense in the military. She was not located at her home and eventually considered a missing persons case. Her family, friends, and volunteers searched tirelessly for her around the Fayetteville area. Detectives continued their investigation while private investigator David Marshburn began conducting his own investigation. After a lengthy investigation by both the Fayetteville detectives and Marshburn, it was determined that she was murdered by Nick Holbert.
Nick was supposed to give Kelli a ride home the night she went missing and was the last person to see her alive. Holbert was also a convicted sex offender listed on the sex offender registry and out on probation. As a result Holbert was a suspect in the case from the very beginning but the case stalled because the detectives didn’t have any evidence. Although Holbert was arrested and jailed for not keeping his address up to date on the sex offender registry while detectives continued to dig for evidence. Eventually they had to let him out. A couple years later in 2014, Nick finally admitted to David Marshburn that he killed Kelli. He shared that he made a sexual advance towards her and she rejected him which made him angry. She walked away. So he then struck her from behind and beat her to death. He buried her in a shallow grave behind the Froggy Bottoms in a marshy area. Thanks to the persistence of the local Fayetteville investigators and David Marshburn, Kelli’s body was found and the case was solved. Nicholas Michael Holbert was sentenced to life in prison without parole and signed away his right to appeal the sentence.
In The News:
A new photo of Kelli Bordeaux, taken just hours before she disappeared, is released. -HLN (April 26, 2012)
The remains of a Fort Bragg soldier who had been missing for more than two years were found Wednesday. WESH 2 News (May 14, 2014)
Nicholas Holbert, the man accused of killing Fort Bragg soldier Kelli Bordeaux, pleaded guilty on Friday afternoon, bringing to a conclusion a three-year case of a missing young soldier. -CBS 17 (August 7, 2015)
When a young U.S. Army combat medic goes missing, a bounty hunter takes on his biggest case ever. -48 Hours (October 21, 2105)
Olivia Cox and Matt Henson share what they miss most about their “fearless” younger sister and how they are keeping her memory alive. -48 Hours (October 22, 2015)
David Marshburn, a bounty hunter-turned-P.I., tells “48 Hours” correspondent Troy Roberts about his mission and how he became involved in the search for Kelli Bordeaux, a missing Fort Bragg combat medic. -48 Hours (October 23, 2015)
In never-before-seen video recorded by Fayetteville Police on May 14, 2014, prime suspect Nick Holbert describes in chilling detail what happened the night Kelli Bordeaux vanished. -48 Hours (October 24, 2015)
In never-before-seen video recorded by Fayetteville,, N.C., Police on May 14, 2014, prime suspect Nick Holbert describes in chilling detail what happened the night Kelli Bordeaux vanished. -48 Hours (October 24, 2015)
Gilbert Baez was the only person to interview Nick Holbert before his arrest for the murder of the Fort Bragg soldier. Baez explains how he got the interview and what Holbert had to say. -48 Hours (October 24, 2015)
A week before she disappeared, Kelli Bordeaux and Justin Thompson went to Froggy Bottoms bar in Fayetteville, N.C. Thompson shares his first impressions of Holbert and why he was worried about Kelli the night she vanished. -48 Hours (October 24, 2015)
Matt Henson and Olivia Cox tell “48 Hours” why they immediately suspected Nick Holbert had hurt their sister and what it was like to come face to face with him. -48 Hours (October 24, 2015)
While her husband is away, a vivacious Army Medic enjoys a night out at a dive bar near Fort Bragg, NC. But she never makes it home. And though dogs pick up her scent in a nearby swamp, her fate baffles police. Until a local PI takes up the case. -Murder of the Medic, Swamp Murders (September 30, 2015)
Army Staff Sgt. William Wilson III, 27, was the victim of an insider attack perpetrated by a local Afghanistan policeman in Paktika province, Afghanistan on March 26, 2012. Staff Sgt. Wilson was supporting Operation Enduring Freedom on behalf of the 2nd Battalion, 28th Infantry Regiment, 172nd Infantry Brigade in Grafenwoehr, Germany. According to Department of Defense, “His death was originally reported by the International Security Assistance Force, which characterized it as the result of gunshot wounds inflicted by an alleged member of the Afghan Local Police. ”
According to early reports by media, Afghanistan citizens reported that on March 11, 2012 multiple US military members were involved in what is now referred to as The Kandahar Massacre. This was considered the worst war crime ever committed by a US soldier since Vietnam. First the media claimed that 17 then 16 Afghanistan civilians were murdered in their homes in the middle of the night. Shortly after military authorities learned of the murders, SSG Robert Bales was swiftly flown back to the United States despite protest by Afghanistan citizens who wanted him tried in Afghanistan. They wanted him to hang. The US Army transferred SSG Bales to Fort Leavenworth two days after arriving back in the US. They eventually charged SSG Bales with the murder of 16 Afghanistan civilians and announced that they were seeking the death penalty.
Prior to the courts martial, Bales lawyer negotiated with the prosecution and asked that they take the death penalty off the table in exchange for Bales pleading guilty to the crimes. It was accepted and Bales was sentenced to life in prison without the possibility of parole. Since then the media has examined the court documents and deduced that the Army missed the warning signs. Bales was on his fourth deployment when this incident occurred. There were previous concerns about his mental health but no real follow up. Others noticed that his behavior was erratic. And Afghanistan officials were concerned that the Army was not monitoring their personnel and equipment. And after examining all the media accounts, one can’t help wonder if SSG Bales was a lone gunman or a scapegoat. In response to this case, the Army announced in 2015 they came up with a new plan to help soldiers with PTSD.
Army dropped charges against Spc. Michael Wagnon in Afghan civilian murder case on February 3, 2012.
Equal parts infuriating and illuminating, THE KILL TEAM looks at the devastating moral tensions that tear at soldiers’ psyches through the lens of one highly personal and emotional story. Private Adam Winfield was a 21-year-old soldier in Afghanistan when he attempted with the help of his father to alert the military to heinous war crimes his platoon was committing. But Winfield’s pleas went unheeded. Left on his own and with threats to his life, Private Winfield was himself drawn into the moral abyss, forced to make a split-second decision that would change his life forever. -The Kill Team
MILITARY JUSTICE FOR ALL 