Army veteran Steven Russell, Jr. was convicted of the capital murder of his girlfriend Joy Owen on January 27, 2012. Russell was sentenced to life in prison without the possibility of parole. Prosecutors say Russell killed Joy because she tried to leave him. In the middle of the night on November 3, 2009, Russell cocked his gun and fired it four times at Owen with no apparent provocation. The North Little Rock Police Department found Joy Owen’s body around 4:30 a.m. In the course of the homicide investigation, police learned that Russell had received 5-years probation in Clark County, Arkansas for the second-degree domestic battery of another girlfriend in 2008. According to reports, the U.S. Army said Russell was a mechanic stationed at Fort Sill, Oklahoma and he enlisted in the Army in 2001; the year he left the Army was not available.
Steven Russell’s defense team admitted he killed Owen but blamed the shooting on post-traumatic stress disorder brought on by his war service in Iraq in 2003. The attorneys appealed the decision claiming he “had the dubious task of recovering bodies and equipment after they had come in contact with improvised explosive devices.” But the state Supreme Court disagreed with the defense saying the judge was confronted with conflicting forensic evaluations. While two mental health professionals “found that Russell lacked capacity as a result of mental disease or defect to conform his conduct to the requirements of the law or to appreciate the criminality of his conduct, the court also had before it (another doctor’s) opinion to the contrary.” The Supreme Court upheld a Pulaski County jury’s 2012 conviction of capital murder.
“You would have to believe [Owen] did something that reminded him of his Iraqi war experience … and I can’t make that jump. To me, it was too convenient, and there was too much purposeful action.” –Dr. Brad Diner, psychologist
On October 10, 2008 Judilianna Lawrence, 19, was reported missing. On October 13 the body of Judilianna was discovered after Robert Marko led the police to her. After an investigation, it was learned that US Army soldier Robert Marko of Fort Carson lured the disabled teen on MySpace, raped, and murdered her. He was also accused of raping another teenager and threatening to kill her five days earlier. Marko was convicted of the rape and first degree murder of Judilianna in 2011 and sentenced to life without parole.
In August 2004, hard working Walter Smith was managing a photoshop at a local department store in a town outside Salt Lake City, Utah. Walter met the future mother of his children Nicole Speirs on a social media site. Nicole was a tomboy, she was into skateboarding, adventure, and the two appeared to get along really well. They went out on a couple dates and spent the night together. But Walter was not sure how close he wanted to get because he had other things on his mind. He only recently returned home after a tour of duty in the Marine Corps. He joined the Marine Corps after high school and in early 2000, he was at boot camp in California. One of his Marine friends spoke highly of him and shared that one wanted to spend time with Walter because he was very interesting. Then September 11, 2001… Of course the Marines were deployed to Iraq and in February of 2003, Walter and and his team were some of the first on the ground during Operation Iraqi Freedom. This was war and the possibility of dying was something they had to accept after witnessing many of their own die around them.
In the summer of 2003 after six months in Iraq, Walter returned to Utah for a visit and then was sent to a marksman training course in Virginia. While on a rifle range, the sounds of munitions were giving Walter flashbacks and he thought he was shooting at people in Iraq. According to a comrade, something was triggered inside him and he just lost it. The was the beginning of his medical discharge. He was diagnosed with Post Traumatic Stress Disorder (PTSD) and medically discharged from the USMC. One of Walter’s Marine friends shared that most begin to experience the PTSD after they get out but they don’t push the subject with one another. But everyone recognized that Walter was depressed; he wasn’t the same person he was when they met him. Walter met Nicole Speirs shortly after his military discharge. Although after a few dates and intense nights spent together, Walter retreated. In the meantime, Nicole called Walter to let him know that she was pregnant. He went to the first doctor visit with her and they found out together they were having twins.
Walter wasn’t sure he was ready to have a family. He also learned that his parents were getting a divorce after 25 years of marriage. It rocked the foundations of all of the siblings. Walter retreated completely after the doctor visit with Nicole and requested a DNA test to prove they were his children. Nicole had to accept Walter’s decision; she didn’t know that he was struggling with PTSD. Walter became quiet and withdrawn. Once harmless, the civilian world now had several threats everywhere after his return. Walter’s family couldn’t understand what he had been through. Walter’s comrades shared that he engaged in one of the most violent fights during the deployment in Iraq. They were hit with an RPG and three guys were hurt. The enemy was packing families in cars and driving right at them. Walter had no choice but to use the gun to stop the existing threat. They had a hard time witnessing the innocent children die. The Marines in Walter’s company were never the same.
Now that Walter was back in Utah, his depression was getting worse. He was downward spiraling. By September 2004, Walter’s dad moved in with him. The family was concerned for them because they both were feeling extremely depressed. Walter’s dad shared that his own father committed suicide when he was young because he felt that he was a burden to the family. On June 30, 2004, Walter reached a breaking point. His thoughts were more distorted. Walter Sr. didn’t know it but Walter was experiencing violent tendencies. He feared for his own father’s life. He left their home before he harmed his father and made a decision to kill himself with a shotgun. He called some family to say goodbye but before he could pull the trigger, a friend contacted the local police to intervene. As a result, Walter was admitted into a psychiatric ward. He was diagnosed with PTSD, severe depression with psychosis, and alcohol dependency. Meanwhile, Nicole was on bedrest with a difficult labor and gave birth a month earlier then expected.
Nicole’s babies were both underdeveloped and needed to remain in the NICU for over a month but they finally got the green light to take them home. Nicole had a girl and a boy. Walter never went to visit Nicole at the hospital. By the time the children were five years old, Nicole filed for child support. Meanwhile, Walter looked at Nicole’s pictures on social media and could tell that the children were his right away and wanted to see them. This time, he told her the truth about the PTSD. Walter met the children and things seemed really good. Nicole was a phenomenal mom and this appeared to help Walter cope better too because she was calm and caring. Nicole was really excited that Walter came back. But Walter still doesn’t feel the same way as Nicole and wasn’t sure that he ever would; he had his own demons to contend with. But, they were both trying to strengthen their relationship for the sake of the children.
On March 9, 2006, Nicole was feeling dizzy so she left work and went home to rest. Two weeks later on March 24, 2006, Nicole and Walter were up late after a relaxing evening together at home. They made love and got in the bathtub to get cleaned up. Nicole asked Walter what she thought about their future; she wanted to get married. Walter said he needed more time and wasn’t ready to make that decision. He knew that he wasn’t ready for that kind of commitment. She was upset about this but decided to play it out and see where things went. The next morning Walter and the children left at 5 am to visit his family. The rest of the grandchildren were going to be there for a group photo. Shortly after Walter arrived, he began arguing with a relative and acting erratically. The family eventually called the police on Walter because they were concerned about his behavior. Walter called Nicole and told her he was returning instead of spending the night with his family.
Walter entered through the garage around 1 a.m. like he usually did and put the children to bed. He went to the bathroom where he heard water running and found Nicole face down in the bathtub. She appeared to be dead. He called 911. He was rattled, couldn’t remember the address, he realized that she was dead and this appeared to deflate him. Walter was hesitant to do the CPR when asked by the 911 dispatcher but he did it and unfortunately it was too late. Nicole was gone. Police arrived to find Walter and Nicole’s dead body. The body had been in a cold tub which made the time of death difficult to determine. There was no clear sign of foul play. Walter was questioned and claimed that Nicole was taking an anti-depressant for depression. His demeanor striked investigators as guarded and numb. Walter was with his family so could corroborate his whereabouts. Walter made the dreadful phone calls to family members and loved ones but Nicole’s death didn’t make sense to any of them.
In the days after Nicole’s death, the police kept their eye on Walter Smith. They questioned neighbors who denied any knowledge of abuse or volatility in the relationship; as a matter of fact, neighbors observed that both appeared happy together. The Speirs family was concerned about when Nicole got sick and wondered if that had anything to do with it. And suicide was a theory that Walter planted until Nicole’s autopsy put an end to that. There were no drugs in her system but the manner of death was drowning; the cause of death was unknown. The big question was why and how did this happen? Walter and the Speirs family worked together to take care of the children over the next few months. But nothing could hold back the depression that Walter was fighting off. Sometimes he felt like the PTSD was going to break him.
On December 4, 2006, Walter drove himself to the Veterans Affairs hospital emergency room because he was feeling suicidal and homicidal. He called his Uncle Craig and told him he couldn’t live another day. After questioned by his uncle, Walter admitted that he had something to do with Nicole’s death. His Uncle Craig recommended he remain silent until he got there but Walter Smith already told the VA that he felt guilty about what happened to Nicole. The VA called the police department who showed up around the time that his uncle showed up. He was quiet initially but then told them he was responsible for Nicole’s death. It was not an accident; it was something more. He was arrested for suspicion of homicide and taken in custody. Walter Sr.’s heart was shattered and he was in absolute disbelief that his son could do something like this. Walter Sr. and Craig let Nicole Speir’s family know right away that Walter admitted to being responsible for Nicole’s death.
Two days later, detectives got a second crack at Walter. Walter explained that he was in the bathtub with Nicole. She was sitting towards the faucet with him behind her. She washed her hair and she had to bend forward to rinse it. He then pushed her head down in the water from the back until she drowned to death. He was emotionless, matter of fact, and flat when he talked about the crime. He admitted that they had not been arguing prior to the act. When asked, Walter said that Nicole did fight back to the best of her ability. The detectives did not believe PTSD was an excuse because he took advantage of her in the most vulnerable position. Investigators exclaimed that this was an intimate domestic violence encounter that could only be accomplished in that position of trust. Walter didn’t know why he did it; he couldn’t explain it to those who were questioning him. His reasoning for coming forward was because he wanted help; the crime had in fact eaten away at him. After his confession, Walter was charged with murder in the first degree. But the legal teams validated that PTSD is a legitimate mitigating factor to reduce a charge from murder to manslaughter.
The prosecution recognized and believed this murder probably would not have happened if not for PTSD. The Speirs family learned from the prosecution that there was a lack of physical evidence, that most likely a jury would be sympathetic to a war vet with PTSD, and that these factors could lead to a not guilty verdict. As a result, the family agreed to a plea deal and a sentence was negotiated; Walter Smith received 1 to 15 years in prison. The sentence automatically gave the Speir family custody of the two children. The family felt the sentence was weak but ultimately they wanted to protect the children. Detectives wanted the public to remember that this was still a homicide and the PTSD didn’t cause this. Walter began serving his sentence in the fall of 2007. Four years later, his family and the Speirs family attended his parole hearing; Walter wasn’t allowed to look at any of them. As he sat hunched and humbled, he was asked if there was anything he wanted to say. He was silent at first but then he finally said that he didn’t disagree with what the family wanted including spending all 15 years in prison because he deserved it. He also said he was truly sorry for what he did. Walter Smith’s parole was turned down and he will spend the entire fifteen years in prison.
Did the status as a Marine with PTSD shape the way this crime was handled?
“Walter Smith is a Marine Corps soldier just back from Iraq. Diagnosed with Post-Traumatic Stress Disorder, Walter finds comfort in the arms of young artist Nicole Speirs. But in the darkest recesses of the mind, their cruel fate is already decided.” -Discovery ID
Date: February 29, 2004 Victim: Kimberly O’Neal, U.S. Marine Corps Spouse Offender: Archie O’Neil, Jr., U.S. Marine Corps Location: Deer Park, Camp Pendleton, California Circumstances: Archie O’Neil and Kimberly O’Neal engaged in a forbidden affair for a couple of years, before Archie was suppose to deploy to Iraq, they had one more tryst, Kimberly got angry when she learned Archie wasn’t going to leave his wife, Archie shot Kimberly O’Neal multiple times, during the investigation, Archie’s wife claimed Kimberly tried to run her down with her car but didn’t report it because no proof, Archie said he had severe headaches and shot Kimberly because she threatened to kill his family (most likely not true), Archie confessed to Kimberly’s murder but showed no remorse, charged with 1st degree premeditated murder, used PTSD defense to mitigate his crimes, defense claimed Archie had an abnormal startle response Disposition: O’Neil sentenced to life in prison, no parole
Investigation Discovery:
ID Go: A decorated marine faces war at home when he falls for a married woman. Suspicion and jealousy plague their affair as they battle to keep their secret from their spouses but with the stakes so high it’s a truth they’ll stop at nothing to hide. -Love is War, Forbidden: Dying for Love (S4,E8)
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.
MILITARY JUSTICE FOR ALL 