Amber Lowery, 34, went missing on July 23, 2013. Her brother reported her missing on July 24th. Days later on July 31st, human remains were found on the Lowery property; they were later identified as Amber Lowery. As a result, Army veteran Michael Lowery, 34, was arrested and charged with the murder of his wife. Amber’s siblings described Mike Lowery as a controlling individual who received counseling for anger management, was “kicked out” of the Army for drug use and insubordination, and was fired from several jobs because of the abuse of his wife while on the job. A Texas jury found Lowery guilty of murdering Amber, dismembering her body, placing her remains in a pile, and burning them. Michael Lowery was sentenced to life in prison for first degree murder.
Sen. Ted Cruz Q&A in Senate Armed Services Committee Hearing on Sexual Assaults in the Military -Senator Ted Cruz (June 4, 2013)
Gillibrand Leads Bipartisan Senate Coalition to End Military Sexual Assault -U.S. Senator Kirsten Gillibrand (July 16, 2013)
Sen. Ted Cruz Supports Sen. Gillibrand’s Push to Stop Sexual Assault in the Military -Senator Ted Cruz (July 16, 2013)
Sen. Ted Cruz Joins Sen. Gillibrand in Press Conference on Preventing Sexual Assault in the Military -Senator Ted Cruz (November 6, 2013)
Senator Kirsten Gillibrand stops by to talk about what she’s doing to protect our soilders from military sexual assault. Find out why she’s getting support from both sides of the aisle and tune in to hear from a survivor. -Katie Couric (November 19, 2013)
Sen. Ted Cruz Speaks In Favor of Gillibrand Amendment to Combat Sexual Assault in the Military (November 20, 2013)
Senators Rand Paul and Ted Cruz joined the New York Democrat in support of taking the chain of command out of military sexual assault cases. -The Washington Examiner (February 18, 2014)
Senator Ted Cruz speaks out in support of a military sexual assault bill that was blocked in the Senate. -CNN (March 6, 2014)
Sen. Ted Cruz at MJIA Press Conference -Senator Ted Cruz (December 2, 2014)
[Full Video] Senator Gillibrand was joined by Senators Grassley, Blumenthal, Cruz and Wyden to discuss next steps in the effort to pass the Military Justice Improvement Act. -U.S. Senator Kirsten Gillibrand (June 16, 2015)
Sen. Ted Cruz at Military Justice Improvement Act Press Conference. -Senator Ted Cruz (June 16, 2015)
Ted Cruz speaks out on sexual assault in the military. -CNN (April 1, 2016)
Senator Kirsten Gillibrand is reaching across the aisle to prevent military officers from reaching into their subordinates’ pants. #passMJIA -Full Frontal with Samantha Bee (June 7, 2016)
Support the Military Justice Improvement Act, and help protect our privates’ privates. #PassMJIA -Full Frontal with Samantha Bee (June 7, 2016)
It is with a heavy heart that I sit here today. Because, I am not only speaking for myself but I am speaking for thousands and thousands of male and female survivors, both military and civilian, whose lives have been forever altered by the military’s sexual assault epidemic, a culture that punishes the victim, and a broken military justice system.
Core issues must be addressed. The military justice system elevates an individual’s discretion over the rule of law. The system is encumbered with personal bias, conflicts of interest and abuse of authority. The cycle of repeated scandals, self‐investigations, and ineffective reforms must be broken. Click here for full House Armed Services Committee testimony.
I want to recognize the service members who have not survived due to non‐combat deaths, murder, and suicide and their families who are still waiting for answers. -Jennifer Norris, USAF Retired
Please note the same day of the military sexual assault hearings before the House Armed Services Committee on January 23, 2013, Secretary of Defense Leon Panetta announced the Pentagon was lifting the women in combat ban.
Technical Sergeant Jennifer Norris Testifies Before Congress
Personal Story:
I am older now and I have had a lot of time to reflect back on what happened to me. And it is now evident to me that I am one of many who have experienced the same kind of treatment simply because I reported sexual assault by a fellow, higher-ranking soldier.
I was raised by a father who worked hard as a logger his entire life. He taught me early in my childhood that I was equal with my brothers. I was expected to help prepare the firewood every season, I was expected to help mow the fields, and I was included in any and all activities. I grew up in a small town and never once experienced someone trying to harm me in a violent way or discrimination based solely on my gender. I grew up with a sense of confidence and determination that I could do anything I wanted to with my life. That is the American dream, right?
I learned quickly after joining the USAF that I had stepped into a whole new world, one that eventually made me feel like I was dealing with an underground mob. Shortly after I enlisted, I was invited to a “new recruit” party. I was really excited to attend so that I could meet others who were also going through the excitement and fear of becoming a soldier. Instead I became the victim of a calculating predator who used the “party” as a way to set up his attack. And, as I commonly see in many of the cases in my work as a victim advocate, he used alcohol as his weapon. When he was unable to pressure me to drink, he used whatever means necessary to incapacitate his victim. When I was raped, I was chemically restrained and could not move; yet I knew what was happening to me. In my work as a victim advocate, I frequently saw this same modus operandi.
I didn’t report that crime and here is why. I could not face that it happened. I didn’t want to start out my military career like that and so I determined that I would never talk about it to anyone. From that day forward, I avoided the recruiter at all costs and soldiered on. I have never seen him since.
I had an amazing basic training experience at Lackland. My military training instructor was SSgt Knight and this professional NCO taught me how to be a good follower and he also believed in my leadership skills.
The majority of the people that I served with were amazing, inspiring individuals who truly were dedicated to the mission. But just like me, there are far too many who fall victim to manipulation and abuse of authority by perpetrators who are higher ranking and have more credibility with those who are in charge. We have no choice but to acquiesce when under the leadership of a heavy fisted Chain of Command.
I was assaulted a second time at Keesler Air Force Base after Basic Training by my instructor. I was attending Satellite and Wideband Communications technical school. I was there for 6 months. While there, I learned very quickly that if you reported sexual harassment, assault, or were offended by someone’s lewd and crude remarks that you will be quickly turned out of the Air Force. So, I planned to get through it, go back home and serve with the Maine Air National Guard, where I thought I would be safe. I just sucked it up and kept my mouth shut so I could graduate. I watched an Active Duty Air Force female, who to this day is one of my best friends, get swiftly booted from the military, after she reported that one of her instructor’s made derogatory remarks to her during class. This girl was 19 years old. The military training managers engaged in what appeared to be a witch-hunt and looked for anything and everything to kick her out. In the end, they were successful. Today she suffers severe PTSD from this experience.
A few very significant things happened while I was at Keesler. One of the female airman that I was going to school with admitted that she had sex with her recruiter. This conversation was in the presence of another Maine Air National Guardsman who shared that the same recruiter who raped me had also sexually assaulted his cousin, who as a result did not join the military. When he explained to me how it occurred, my blood began to boil with rage because I recognized the pattern immediately. The recruiter had done the same thing to me and I determined I was going to press charges against him, when I returned home, to stop him from harming anyone else.
The Post Traumatic Stress, which I didn’t realize I had, kicked in to overdrive after learning this information. I wanted to take action. I did an impulsive thing. I called up the recruiter who raped me and told him I was going to press charges against him and that I knew what he had done to another girl as well. He quickly hung up on me. My thinking was maybe just maybe he would be too scared to try this again.
About two weeks before graduation from Keesler, I was performing a maintenance loop on a mobile satellite communications van as part of the testing to move on to the next block. I had it down. I loved my job and everything stuck. For this test, we needed to step inside the enclosed satellite communications maintenance van. The instructor shut the door and stood there with his clipboard behind me while I configured the van. Shortly after starting the task, he came up from behind me, attacked me, pushed me into the wall of the van, rubbed his groin area on my body and whispered in my ear, “let me help you, let me help you.” Those words trigger me to this day.
I got angry, I flipped out and pushed him away and told him not to touch me ever again. He was surprised and didn’t say a word. My fight or flight response had kicked into overdrive and my anxiety was so high that I was shaking while I finished configuring that van and waited for him to give me permission to leave the enclosed van. But, I did it. I passed the test.
Unfortunately, it did not end there. This TSgt told me to stay behind after class. Because I could not disobey a direct order without consequences, I stayed only for him to tell me that he was going to fail me for attitude even though I passed the final test. I immediately broke down and started crying. All I could say is why are you doing this to me? Why? I begged him to reconsider. He told me to report the next morning an hour before the rest of the class and he would reconsider. I did not do as ordered.
Instead of going to school the next morning, I went to the Air National Guard liaison, who I had established a nice relationship with, and I informed her that my instructor wanted to fail me for attitude, despite passing my test. The Guard gave the TSgt. a call. He acquiesced and I was told to report to my next class. While at technical school training at Keesler, I never saw him again. I did not report this crime for a number of reasons. First I witnessed first hand what happens when you report that type of behavior. Second, I was only two weeks away from graduation, and, third, I did not want an investigation launched and risk being stuck on that base with that predator. Lastly, I did not want to be stigmatized as a female who alleges sexual assault before I had even entered the operational Air Force. These fears and attitudes exist to this very day.
When I got back to the Maine Air National Guard, the recruiter was gone. He had quit his full time AGR position, which rarely happens in the National Guard. He was a MSgt and he effectively gave up his career and his retirement. He moved to North Carolina. I was so relieved that he was gone. Again, I did not report because I knew I could potentially lose my career. I let myself become excited about starting my new career. I planned on staying in for 20 plus years and despite being raped and assaulted in the first year of my career, I loved being in the military, I loved my job, and I loved being a part of a family and a team.
I thought I would be safe at the Maine Air National Guard. The Commander put me to work as soon as I got back from Technical School to help me transition back into civilian life and I totally excelled and became a superior performer. As a result, unbeknownst to me my Commander asked my NCOIC to coordinate hiring me as temporary federal technician. My NCOIC notified me and began the hiring process. I was ecstatic beyond belief and made the most money I had ever made for doing a job I loved!
Shortly after beginning my job, I noticed that the Maintenance Superintendent, also my NCOIC, and boss began treating me differently than the guys. It made me feel uncomfortable, because I didn’t want the guys I worked with to be resentful. But, I also knew that I was a great troop, so I ate up all the extra responsibility that was assigned thinking he must recognize that I am a true leader. No, that was not the case at all. Eerily similar to the recruiter, my NCOIC was beginning to set up his attacks. He began assigning me jobs that would isolate me so that he could make his move. He would give me the assignment, then show up unexpectedly to “check in on me,” but instead forced himself on me every chance he got. I could not escape. The abuse escalated over time and he became more abusive the more I resisted and told him NO. His attitude was that I should be flattered that he wanted me. I was in pain. I was there to do a job, to serve my country, why must I deal with this?
The more I fought him off and begged him to stop, the more he would escalate. He regularly forced himself on me, but when I fought back, he called me names and belittled me. He would tell me that my breasts were too small and tell me that it would be in my best interest. I was too scared to report this behavior because he was the Commander’s right hand man. And in the military, rank does come with its privileges including the higher rank you are the more credibility you have with the Commander. After what happened with the recruiter and the technical school instructor, I was already fearful of rank and abuse of authority.
Meanwhile, while my NCOIC was sexually assaulting me and abusing me during the week, there was another National Guardsman, who was considered a weekend warrior, doing the same exact thing to me. I did my best to stay clear of both but they would sneak up on me when I was least expecting it. It was like it became a sick game for them. To this day, I cannot handle anyone coming up behind me or hovering near me. I watched both of them escalate while I felt powerless to do anything about it, if I wanted to save my career. After a while, they did it in front of people as well and nobody said or did anything. Why would bystanders put their career at risk for me? I felt totally isolated.
One night when my NCOIC attempted to rape me in a drunken rage, I started screaming and someone heard me. I escaped but I fell apart. I turned into an emotionless robot. I continued to do a good job but I was dying inside. My attitude began to suffer. I was looking for a way out. One day, one of the professional NCOs in our squadron approached me and said he was concerned about me. I had just received an award for Superior Performer during an Operational Readiness Exercise, but I wanted to get out and he wanted to know why. All it took was that one person showing genuine concern and care for the floodgates to open.
I immediately started crying and opened up to him forgetting that by military law, he was supposed to report any crimes that he became aware of. I begged him not to report because I was afraid that it would end my career. He told me if I did not report that he would. I then reported all four of the perpetrators to my Commander.
The Commander initially doubted me. It was not until after I provided him with proof that he raised from a seated position in anger and screamed with powerful emotion, “he betrayed me.” The Commander then told me he had instructed my NCOIC to hire me because of my excellent work performance. We discussed the recruiter and he admitted he was confused why the recruiter suddenly gave up his career and retirement, but it all made sense to him now. All of these predators appeared to be stellar troops. All of them had histories of sexually assaulting others.
In many ways, I am one of the lucky ones, which is sad to say. My Commander believed me. He did the best he could to handle the case against my NCOIC and the National Guardsman given the complexities involved. He strove to be fair, neutral, and impartial. I was forced to leave the Squadron if I wanted to be safe, while he conducted the investigation. Because he could only investigate on Guard weekends, the case got dragged out for months. While I was isolated at Headquarters, the two predators were able to stay and inject their version of how things went down. They had all that time to convince many in the squadron that I was the bad guy. After they admitted guilt the day prior to the administrative hearing, they were both forced to leave my squadron and I was allowed to return.
Sounds like a success story right? Wrong. My Commander deemed the crimes sexual assault. When the crimes were reported to the Adjutant General for the state, it somehow became sexual harassment. Our only recourse was to file an EEO complaint. I filed the complaints against two of the four perpetrators, because we didn’t have jurisdiction over the Active Duty Air Force Technical School Instructor and the Recruiter had skipped town. I had no one assisting me.
I was contacted by one of the perpetrator’s lawyers both on the phone and in writing. I never responded. While waiting for the investigation to conclude, I was physically attacked by a friend of one of the perpetrator’s. I pressed charges but unfortunately the civilian authorities did not pursue the case. I told my Commander and he said there was nothing he could do because it happened off base. The day before I was to go to the Administrative Hearings for the “trial” of my NCOIC and the National Guardsman both of them copped a plea. They agreed to the punishments that the Commander recommended. The Commander told me they were willing to plead guilty. He asked if I was okay with it so he could proceed with removing them from the Squadron. I was so tired and beat down by this point that I just wanted it to be over. I wanted to go back to work and resume the career that I loved. When I agreed to the terms of the punishment it caused the EEO complaint to be withdrawn. Therefore, the Maine Air National Guard either didn’t have to report the crimes at all to the Pentagon or they could report the crimes as sexual harassment.
The punishment imposed by the Commander was that both perpetrators were permitted to agree to resign in lieu of Administrative Hearings, which would have become a matter of public record. I wasn’t offered the chance to proceed with a court martial. I was glad they were gone, but the reason I pressed charges was to prevent any other woman from having to go through this. My efforts were futile. I was told that because my NCOIC had over 18 years of service that he was allowed to stay in the military until he reached his twenty years. When he reached his twenty, he would be forced out. No sex offender record, nothing. Because we didn’t have as much evidence against the other perpetrator, the National Guardsman, he was kicked out of the Maine Air National Guard and given a Letter of Reprimand (LOR). He was discharged honorably; he joined the New Hampshire Air National Guard. Ironically, the last time I saw him he was in charge of a training conference I was attending and he was a MSgt working at the Pentagon. Both of these perpetrators retired with full military benefits. Meanwhile, I was retaliated against by the enlisted Chain of Command.
In 2006, the NCO in the Maine Air National Guard, who had me physically beat, was found guilty of manslaughter and leaving the scene of an accident in another case. But because he had a top-secret security clearance he somehow got off. And as I went back to my squadron, I had to work with this man. I tried to pull myself together and continue with my career, but instead I was met with resistance from almost everyone I encountered. I was the bad guy, because I made the predators lose their jobs. As a cruel joke, men literally hugged the wall as I passed by pretending I might falsely accuse them of assault. I was treated like a leper. I was pulled from leadership positions. I was denied training I needed to become eligible for my SSgt stripe. I continually asked to complete my training and was called a spoiled brat, by the Officer in Charge. And I was assigned menial tasks that isolated me. By this time, the Commander who investigated the case had been promoted to Headquarters and a new Commander was in charge. He depended heavily on the enlisted chain of command and was willing to sell me out for the mission.
I felt like an outcast and people did not hide their disdain for me. I had no more fight left in me. I didn’t want to give up my career, so I transferred to the Massachusetts Air National Guard, which was a four-hour drive one way. It was the only way to continue my career progression and promotions. I needed to remain in the same career field, at least until I was a TSgt.
I went from one snake pit to another. My old squadron called up my new squadron and informed them that I was a “troublemaker.” A person, in my enlisted chain of command, shared this with me when I asked why everyone in my Chain of Command was treating me so badly. I was met with resistance from the get go, despite the fact that I was a super troop and worked very hard at my job. While serving at the Massachusetts Air National Guard, I experienced gender discrimination. I was held to double standards. If others came in late, it was no big deal. If I came in one minute late, I was getting hauled into an office for a big meeting with 3 or 4 people. My new Commander recognized my skills and considered me a subject matter expert. He even hired me during the week to help keep things running smoothly because of the multiple deployments the squadron endured after 9/11. I helped keep things running smoothly back home and continued to train all the new airmen that came into the squadron. We had a lot of folks leave after their first deployment and the only ones left were the ones who wanted to be there. As a result, we got a lot of new airman.
My new squadron Commander recognized that I was a superior performer and promoted me to SSgt shortly after transferring to that base. The Maine Air National Guard would not give me my SSgt stripe claiming that I lacked leadership skills, despite the fact that I was an Airman Leadership School instructor, not only met the standards but exceeded them, including going to Airman Leadership School in person, unlike a lot of National Guardsman. And, I had to fight the Massachusetts Air National Guard for my TSgt stripe despite the fact that I had not only met the standards but also far exceeded them. I had become a very effective satellite communications trainer and had a record set up time. The straw that broke the camel’s back was the day that my NCOIC told me that he was going to make one of the Airman that I trained the Team Chief. I had 8 years in the field, while this airman had only two. I demanded to see the First Shirt regarding this issue because I didn’t want to turn this into an EEO issue.
My Chain of Command eventually acquiesced and gave me my TSgt stripe and the Team Chief position. I was the most qualified to do the job. But, this job came with big consequences. Instead of supporting me in my position, I was overworked, blamed for things out of my control, and not respected. I was left with no support or direction so I had to come in during the week and teach myself. After teaching myself, I would then create standard operating procedures to help train my troops. I always trained myself out of a job because I took serving seriously. If anything was to happen to me, I needed to have people that could seamlessly pick up where I left off.
After months of setting me up to fail they threatened to pull my TSgt stripe from me as a punishment for “substandard performance.” They had been planning it for quite some time because by this time, they had the Commander on their side and I didn’t stand a chance. As a result, I filed an EEO complaint against my NCOIC for gender discrimination. I chose to report informally because I had been through a formal reporting process before. I did not have the energy.
My Commander conducted his investigation and determined that my allegations could not be substantiated, but in the same breath told me that I could have anything I wanted. All I wanted was to go to my planned NCO Academy School and be transferred out of that squadron. I also no longer wanted to work for my abusive and belittling boss and refused to return back to satellite communications. Again, not a huge victory but at least I was able to escape that horribly oppressive environment. By this time in my career, I was beginning to unravel and feel completely ready to break. I decided to transfer back to the Maine Air National Guard and this time I chose a critical career field where women might be treated a little better than in the maintenance field. My boss was promoted to SMSgt shortly after.
I met my husband at Keesler while attending another training school in 2001. We finally made the commitment to one another in 2005 even though I realized I was severely damaged by the rape, sexual harassment, sexual assault, abuse, retaliation, and gender discrimination. Love is the only thing that pulled me through this relationship, because I was literally incapable of having interpersonal relationships. I was hardened, damaged, hyper vigilant, and defensive.
Because of him, I reached out to the VA when I found out that they finally were treating Military Sexual Trauma. I have been getting counseling and treatment at the VA since 2006. As a result of getting that help, I was forced to list on my security clearance form that I was receiving counseling for military sexual trauma. The security clearance folks wanted a release of information signed so they could gain access to my medical records from the VA. I signed them, out of fear. But, then called the VA and revoked it, essentially ending my career. I did not want to jeopardize my future career opportunities because I had been labeled and diagnosed with PTSD from military sexual assault.
After being medically retired from the Air Force for PTSD due to MST, I felt like a fish out of water. I had no purpose in life. I was taking a ton of prescription medications, to help me feel less angry, depressed, and help me live without constant anxiety and fear. I felt like I had lost my life’s dream and there was no reason to live anymore. I came very close to ending my own life, because I felt broken, damaged, and unsure of myself. I literally felt like I was invisible and what I thought or felt did not matter. I wanted to die because I basically got fired for being raped.
Working with veterans and active duty personnel who are victims of military sexual assault, I came to recognize that I had been shamed into silence. My fellow veterans helped me find my voice again.
If anyone ever tells you that women are the weaker sex, don’t you believe it.
“Brannan Vines has never been to war. But she’s got a warrior’s skills: hyperawareness, hypervigilance, adrenaline-sharp quick-scanning for danger, for triggers. Super stimuli-sensitive. Skills on the battlefield, crazy-person behavior in a drug store, where she was recently standing behind a sweet old lady counting out change when she suddenly became so furious her ears literally started ringing. Being too cognizant of every sound – every coin dropping an echo – she explodes inwardly, fury flash-incinerating any normal tolerance for a fellow patron with a couple of dollars in quarters and dimes. Her nose starts running she’s so pissed, and there she is standing in a CVS, snotty and deaf with rage, like some kind of maniac, because a tiny elderly woman needs an extra minute to pay for her dish soap or whatever.”
Teen runaway Maggie Fetty is found strangled to death on a mountain road. An anonymous tipster blames Maggie’s best friend, but she accuses a mental patient with multiple personalities. Kenda must turn the suspects against each other to learn the truth. -A Gathering of Evil, Homicide Hunter (S2, E2)
“When the time came to handle funeral arrangements for Maggie Fetty, no one was there to do it so Lt. Joe Kenda and his fellow officers did it themselves. They chipped in and bought her a head stone to assist with the evidence of her passing. The headstone is a reminder for Joe Kenda of why he chose a life in law enforcement. Joe said he can’t stop a murderer or undue the murder once it’s been done but he can certainly find the person responsible and make sure they don’t do it again. Society has a way of forgetting about the most vulnerable but when it comes to Joe Kenda, nobody slips through the cracks, not a culprit, not a co-conspirator, and certainly not Maggie Fetty.” -A Gathering of Evil, Homicide Hunter
Editor’s note: With a cable subscription, you can download the free ID Go app and watch 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. 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 $3.99 a month. It’s a compilation of older seasons but totally worth the cost if you are a true crime addict. Download the ID Go app or purchase ID True Crime Files & binge away.
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.
Jennifer Reali was having a wild affair with Brian Hood, he made her shoot his wife to death in a parking lot. She did, and now she is serving life in prison. Former FBI profiler Candice DeLong talks face to face with Jennifer to find out the truth -Love Before Life, Facing Evil (S1, E3)
Update:
Reali shot and killed her lover’s wife in 1990. -CBS Denver (April 6, 2018)
Editor’s note: With a cable subscription, you can download the free ID Go app and watch 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. 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 $3.99 a month. It’s a compilation of older seasons but totally worth the cost if you are a true crime addict. Download the ID Go app or purchase ID True Crime Files & binge away.
Air Force spouse Kathryn Eastburn was found brutally raped and murdered on May 9, 1985 in her Fayetteville, North Carolina home. Two of her three children, Cara and Erin, were also murdered in the same vicious way. All three were stabbed and their throats were slashed. Kathryn and her three children were home alone while Gary Eastburn was on temporary duty at Maxwell Air Force Base in Alabama. The youngest daughter Jana was found dehydrated but otherwise unharmed. The crime occurred six miles from the location of where Jeffrey MacDonald was accused of killing his wife and two children at Fort Bragg. Army Sergeant Timothy Hennis was a suspect from the beginning because he had visited the Eastburn home a couple days earlier to buy the family dog.
Kathryn placed a dog for sale ad in the local post paper. Investigators sent out a press release looking for the person who bought the dog. In the meantime, a neighbor reported seeing someone leaving the Eastburn residence at the time in question. The neighbor provided details for a composite drawing; the suspect drove a white Chevy Chevette. At the urging of his wife, Hennis contacted the police station and investigators were stunned at how much he looked like the composite drawing. He also drove a white Chevy Chevette. In a background check, they found that Hennis had three convictions for writing bad checks. This was significant because the perpetrator stole Kathryn’s ATM card and used it on one occasion. Another witness identified Hennis as the person who used the ATM at the time in question.
In 1986, the State of North Carolina tried Hennis for the triple murders. Hennis was found guilty and sentenced to death. But he appealed and was found not guilty in the second death penalty trial. After his ‘exoneration’ Hennis was the subject of a book and an ABC made for television movie “Innocent Victims”. Meanwhile, against lawyers advice, Hennis enlisted in the Army again for two more tours, worked his way up to E-8, and retired as a MSG outside of Fort Lewis, Washington. Cold case investigators took a second look at the cold case and because of the advances in DNA technology, they retrieved a vaginal swab from the rape kit test and submitted it to the lab. DNA evidence linked Timothy Hennis to Kathryn Eastburn.The State of North Carolina prosecutors could not charge Hennis a third time because he was found ‘not guilty’ of the triple homicides in the second death penalty trial.
The Double Jeopardy Clause of the Fifth Amendment to the United States Constitution provides: “[N]or shall any person be subject for the same offence to be twice put in jeopardy of life or limb…” [wikipedia]. The civilians couldn’t try him in State court but the Army could because of federal jurisdiction; Hennis was an Army retiree therefore still under their jurisdiction. As a result, Hennis was activated and order to report to Fort Bragg for his third death penalty trial. The defense attempted to justify the DNA match to consensual sex but it contradicted his original testimony. The defense also called into question the ethics of the lab who made the DNA match. A military jury found Timothy Hennis guilty of three counts of murder and sentenced him to death. He awaits his execution date at Fort Leavenworth in Kansas.
Source: Unusual Suspects ‘Mother’s Day Murders’
In 1985, a young military wife and two of her three little girls are viciously murdered in their home. In a twisted case filled with unusual suspects, the man who gets convicted goes free. But nothing is what it seems. -Discovery ID
Army Staff Sgt. Amy (Seyboth) Tirador died of injuries sustained from a non-combat related incident in Kirkush, Iraq on November 4, 2009. Staff Sgt. Tirador was supporting Operation Iraqi Freedom on behalf of the 209th Military Intelligence Company, 1st Squadron, 14th Cavalry Regiment, 3rd Stryker Brigade Combat Team, 2nd Infantry Division in Fort Lewis, Washington. This was Amy’s third tour of duty in support of Operation Iraqi Freedom. The Department of Defense announced the circumstances surrounding the incident were under investigation at the time of the press release. Media reports declared that Amy was found by a maintenance worker in the base’s small generator room with a single gunshot wound to the back of the head. The Army pathologist ruled the cause of death as a ‘self inflicted gunshot wound’ but Amy’s mother Colleen Murphy disagreed and vowed to launch a private investigation. The family expressed concerns publicly that this was an execution style murder on a secure base and that she was killed in the generator room to muffle the sounds of the gunshot. Amy’s DNA evidence was found on the 9mm and that of another person. The family shared that the investigation report attempted to lead one to believe that Amy was considered high risk for suicide because of pressures at work as an Arabic translator and a strained marriage. Amy’s husband Michael Tirador was living at the same deployed location in Iraq as Amy at the time of her death. Amy’s mother denied any history of depression or substance abuse and does not believe her daughter died by suicide.
A year after Amy’s death the Army Criminal Investigation Division indicated in media reports that the investigation was not completed and no final rulings had been made. Yet Colleen Murphy shared that she was told the case was officially closed and expressed frustration with the miscommunication she typically experienced with Army bureaucracy. Amy’s mother also indicated that a lot of women in the military who have died have had their deaths falsely ruled as suicides. Colleen learned from other families who have lost their loved ones that they have even exhumed their daughters’ bodies and found that, without a shadow of a doubt, they did not kill themselves. Colleen indicated that she was going to get a second autopsy in light of the Army pathologist’s determination of cause of death. Michael Tirador expressed in interviews that he did not believe that his wife committed suicide and ordered that her body be exhumed for a second autopsy. Michael was of course a person of interest but his DNA did not match the second DNA profile on the gun. Colleen Murphy indicated that despite Michael’s claims that they had a good marriage, Amy wanted to divorce him. Amy’s father Greg Seyboth expressed concern that her work as a interrogator made her a high-profile target. Retired Army Colonel Ann Wright validated Amy’s family when she published an article stating that several female soldier’s deaths have been grossly mislabled by the military yet when faced with further evidence, they refused to change their findings. Colleen Murphy stated that she will never accept that her daughter committed suicide and that the Army is covering up the real reason that she was killed.
Tirador’s “greatness” has been shrouded in military “secrecy”. Her military legacy clouded by the military’s label of a “non-combat” death. An execution-style death in a “secure area” on an American military base in a war zone. –Family of Amy Tirador
Amy Seyboth-Tirador should have been coming home from her tour of duty overseas very soon. Instead, family and friends are planning a big memorial event in her honor. It’s a ride to remember the Army staff sergeant whose death still remains a mystery to loved ones. -WNYT NewsChannel 13 (August 6, 2010)
Interview with Amy Seyboth Tirador’s mother, 2 of 4 -810 WGY News (February 4, 2010)
Interview with Amy Seyboth Tirador’s mother, 4 of 4 -810 WGY News (February 4, 2010)
Investigation Discovery’s show Forbidden: Dying for Love aired an episode titled ‘An Officer, Not a Gentleman’ which featured the story of Navy Master Chief Petty Officer John Bench. Bench first killed his son and then attempted to kill his wife Agnus and their daughter on August 30, 2009 at Sasebo Naval Base in Japan. After the attacks, he then made a run for it and left the base traveling on his motorcycle. On that ride, John Bench slammed directly into the path of an oncoming truck and was killed instantly. NCIS was assigned to the case and discovered the crime scene. As a result they were able to get care for John’s wife and daughter who survived the brutal attack. Once Travis Tritten of Stars and Stripes discovered John Bench was involved in a homicide investigation in the Philippines, he did some digging because he knew this was no coincidence. The story he uncovers leads the Philippines police to another killer.
The Philippines is a key site for military and home to about 12 million citizens. Lilibeth Eniceo, 29, lived in the Philippines with her parents where she shared a room with her five children. Every day was a struggle for survival. A series of men let Lilibeth down but she continued to have hopes for a relationship. Ultimately, she was looking for love and stability for her family. Then one day in January 2007, she got a friend request from a Navy man named John Bench. He was a completely different kind of man than most. And he was the highest enlisted rank one could be in the Navy, therefore highly successful. But John was stationed thousands of miles away in Japan. Regardless, John continued to woo her and they stayed in constant contact; an internet romance grew very quickly.
Months later, John told Lilibeth his ship was traveling to the Philippines and he wanted to meet her in person. So Lilibeth traveled 100 miles to Subic Bay to meet John where his ship was at port. She was so excited to be meeting her prince charming for the first time. Lilibeth was upfront about her children from the beginning so John knew what he was getting into. John had no problems with her family and let her know he was committed to all of them. During the visit, John told Lilibeth he was divorced with two kids and free to pursue a relationship. John purposefully made her think that they had a future together. Lilibeth was happy and overwhelmed that she found a man like John Bench. It felt like they knew each other for years. Before John went back to Japan, he assured Lilibeth he would send money to support her and her family.
After years of despair and heart break, John Bench gained Lilibeth’s trust but he was keeping a secret too. John was still married with two children and they all lived on Sasebo Naval Base in Japan. John was married to Agnus, also a native of the Philippines, and they had two children: Anthony, 10, and Angelica, 15. But John was deeply unhappy in his marriage. And the success he worked so hard for would be destroyed in a divorce. John didn’t want to lose half of his military pension. Although, John was obviously not thinking clearly when he decided to have an affair because adultery is a crime in the military. John took a big risk when he started sending money to Lilibeth regularly. John felt trapped in a life he didn’t like and wanted to be free of it. He took a big gamble with his career because if caught he could lose everything. But no one could imagine the plot he was scheming.
Lilibeth and John had fallen madly in love but they had to keep it a secret. A year or so after they met, Lilibeth and John had another rendezvous but this time she introduced him to her children. John appeared to be the ideal family man because he was loving and very good with the children. They had a great visit. Right before he left, John informed Lilibeth he couldn’t give her anymore money because most of his money went towards alimony he was forced to pay after the divorce. John made it appear to Lilibeth that his ‘ex-wife’ was endangering their relationship and standing in the way of their future. He was point blank and didn’t mince words. He said he wanted to kill his wife. Because Lilibeth was blinded by her dreams of getting everything she ever wanted, she asked him what he wanted her to do. John asked her to find a hitman in the Philippines and then he returned to Japan.
Lilibeth was nervous and never thought she would be involved in an assassination plot. But she found someone to kill John’s wife. The hit would cost $1,250 with a downpayment of $700. John called Lilibeth to let her know when his wife was going to be in the Philippines visiting her family. This was the first opportunity they had to make their move. Lilibeth and the hitman lied in wait outside Agnus’ hotel and after she appeared, Lilibeth aborted the plan because her mother instincts kicked in. Agnus was exiting her hotel with her daughter. Lilibeth couldn’t imagine killing a mother in front of her daughter. Lilibeth told John she couldn’t do it and he was furious that his orders were not carried out. He eventually apologized for getting angry at her. The vulnerable Lilibeth forgave him and continued to remain under his spell.
In February 2009, John returned to the Philippines for another visit. Lilibeth still saw a relationship happening and the perfect life with John. She wanted security for her family so badly. On this visit, John asked Lilibeth to marry him and of course she said yes. She was so excited because this was a fairy tale turning into reality. But unfortunately this reality was built on lies. John was not divorced yet told Lilibeth that because he was paying alimony to his ‘ex-wife’, he would have to support two families and things would be tough. Lilibeth told him she didn’t care about the money as long as they were together and happy. But John continued to pressure her and this time he wanted her to find someone to kill his ‘ex-wife’ and the two children. Lilibeth wanted no part in this plan because to her it was unthinkable that someone would consider murdering their own children.
The cold hard truth is if John Bench was capable of committing these crimes, Lilibeth was one of his victims too. She desperately hoped John would abandon the evil plan. He told her his family didn’t care about him or love him. He made himself out to be the victim. She was torn because she would be letting go of a future with security if she said no, so she agreed to take part in the plot to kill his family. Lilibeth found another hitman and this time tried to limit her involvement by having John speak directly to him. John and Lilibeth met with the hitman and John told him how he wanted the plan to go down. He told the hitman he wanted him to carjack his family and then kill them. John assured Lilibeth afterwards they would finally be together.
The whole idea behind the plot was that this would be a failed robbery attempt and John would miraculously be the lone survivor. But again Lilibeth was having a hard time coping with the reality of the situation. She knew that a family was going to be murdered. The hitman waited at a pre-determined location and pulled the taxi over at gunpoint. He jumped in, demanded they drive to a remote location, and then told them all to get out of the car. He killed the taxi-cab driver first. Then he hesitated and called Lilibeth to tell her he was going to kill them. She told him she didn’t want to know anything. While the hitman was distracted, Agnus lunged at him and fought back in an attempt to get the gun. John hesitated to help her because he had been waiting so long for this plan to unfold so he could be free. John finally acted because otherwise he risked his wife finding out about his murderous plan.
The Bench family was taken to the local police department to give a statement. John Bench was quietly concerned about the hitman being on the run. He knew if he was caught and the plan was made public, it would ruin him. Ruby Ramores was also looking for answers as her brother was the taxi-cab driver who was murdered. She wanted justice for her brother; he was a father of three children and was just trying to make a living. John appeared to want to brush the whole incident under the rug. He denied hesitating to assist Agnus and boldly stated that he was simply waiting for the right opportunity. He then told the police he was tired and leaving so his family could go back to Japan. Ruby read the police reports and questioned why John was hesitant to help his family especially since he had the training to do so. Ruby wasn’t going to let this case go cold.
John kept a very low profile the weeks following the incident and stopped sending Lilibeth any money. Then after months of silence, John called Lilibeth out of the blue. He told her he missed her, wanted to be with her, and apologized for his actions. She eventually relented and forgave him. John told her they would be together soon. But once again, John was lying. After this call to Lilibeth, John unraveled and took matters into his own hands. First he savagely beat and murdered his son. Then he bludgened his wife and daughter with a baseball bat and left them for dead. Afterwards, he fled the scene on his motorcycle. Everything in John’s life was on the line and there was no coming back from this. So John gunned his engine and slammed directly into the path of an oncoming truck. He was killed instantly.
When Japanese authorities realized John was in the Navy, Naval Criminal Investigation Services (NCIS) took over. As a result, they went to John’s home and discovered the crime scene. They were able to save both Agnus and her daughter’s life. Once the news was reported, Travis Tritten of Stars and Stripes began looking into the case. He learned that John Bench was also involved in a homicide case in the Philippines. He suspected something wasn’t right and John’s involvement in the homicide in the Philippines was not coincidental. Travis found out that John Bench was having an affair so he contacted Lilibeth. She opened up to him about the details of the relationship and the various plots to kill John’s family. Lilibeth also gave him the name of the hitman who killed Ruby’s brother. The hitman was charged and imprisoned for the homicide. Ruby opted not to press charges against Lilibeth because she empathized with her and her children. Everyone involved was a victim of John Bench. He used a victimhood narrative to justify his evil intentions and manipulated others to do his dirty work for him. He is the definition of a sneaky sociopath.
I made a mistake. If I have to pay for it, I will pay for it…I was in love with a monster. -Lilibeth Eniceo
ID Go: A Filipino woman falls for a married US Navy Officer who will do anything to keep his mistress and his money. -An Officer, Not a Gentleman, Forbidden: Dying for Love
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.
