Army SSG John Diamond, 28, was accused of fatally shooting Air Force Capt. Frank ‘Marty’ Theer in Fayetteville, North Carolina on December 17, 2000. Capt. Theer and his wife Michelle were on their way to a Christmas party when Michelle claimed she needed to stop at her place of employment. After waiting for awhile, Capt. Theer exited his vehicle to check on Michelle. As he ascended the stairs at the office building, he was shot multiple times and died at the scene. The Fayetteville Police Department launched a homicide investigation and would learn that Michelle Theer was having an affair a married Fort Bragg Army Ranger named John Diamond. It was later theorized that psychologist and Air Force Reservist Michelle Theer was the mastermind behind the murder of her husband. She was accused of setting Capt. Theer up when she lured him to her office; she was also accused of manipulating SSG Diamond to commit the murder. The prosecutor’s theorized the motive for the homicide of Capt. Theer was the Servicemen’s Group Life Insurance money.
During the investigation, the police got a tip that a gun matching the murder weapon was in the custody of SSG Diamond which connected him to the crime. Conveniently, SSG Diamond admitted to having a gun that fit the description of the one used in the murder but he claimed his vehicle had been broken into and the gun was stolen. SSG Diamond was arrested by the US Army for having an unregistered weapon on a federal installation while they investigated his role in the murder. They would learn that despite his marriage status, he was in love with Michelle Theer and would do anything for her. The military courts charged SSG Diamond with first degree murder and on August 28, 2001, a six-member military panel at Fort Bragg found him guilty; Staff Sgt. John Diamond was sentenced to life in federal prison. Michelle Theer disappeared by the time the civilian authorities caught up with her but she was eventually located in Florida living under an assumed identity. Michelle Theer was convicted of conspiracy to commit first degree murder on December 3, 2004 and sentenced to life in prison, no parole.
Investigation Discovery:
In 2000, Michelle Theer was an Air Force wife in the military town of Fayetteville until a fatal shooting made her a widow. The investigation into her husband’s death led police to the door of an Army Ranger – taking orders from very unlikely accomplices. -Fayetteville, Sins and Secrets (S2,E3)
Sexy psychologist and doting Air Force wife Michelle begins a swinging affair with Army Sgt. Diamond while her husband, Captain Marty Theer, is away. But all’s fair in love and war, and Marty’s return will remind them that love is a battlefield. -Sergeant Swinger, Scorned: Love Kills (S4,E1)
Oxygen:
A frantic, distraught woman runs into a video rental store screaming that her husband has been shot. -Michelle Theer & John Diamond, Killer Couples
Killer Couples: S8 E5 Preview – Michelle Theer and John Diamond | Oxygen
Killer Couples: S8 E5 After the Verdict – Michelle Theer and John Diamond | Oxygen
Psychologist Debbie Layton-Tholl talks about her experience meeting with Michelle Theer. -Michelle Theer & John Diamond, Killer Couples
A lonely military wife and psychologist go searching for sex on the Internet with deadly results. -Michelle Theer & John Diamond, Killer Couples (S8,E5)
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.
When the severed head of a wife and mother is found, Lt. Joe Kenda uses forensics and interrogation to find both her body and her killer. Then… a young man’s murder looks like a robbery gone wrong until Kenda learns the odd reason he’s living there. -The Line Goes Dead, Homicide Hunter (S6,E13)
On October 16, 1993, a mother was home with her son cooking supper. She went outside to call her dog Shadow to return home. When the dog returned, he had something large in his mouth. Danielle and her son realized that the dog had a human skull in it’s mouth. Lt. Joe Kenda of the Colorado Spring Police Department was grocery shopping when he got the call. He left his grocery shopping cart as is and headed to the scene. When Kenda arrived on the scene, the medical examiner was observing the skull. The medical examiner observed another animal got to the skull before the dog did and the time of death was within the last couple of weeks. The skull appeared to be a female with no obvious signs of bullet wounds or trauma. But they didn’t have the rest of the body to determine the official cause of death. Lt. Joe Kenda decided to start with the missing persons reports first.
Kenda also wanted to find the rest of the remains. Unfortunately, it was dark outside so they decided to resume the search the next day in during the daylight hours. The police used cadaver dogs to find the rest of the body. Cadaver dogs are trained to notify their handler when they make a hit. Kenda knew this would be a daunting task because El Paso County is the size of Rhode Island. An hour into the search, the K9 officer got a hit. They found a few more human bones; some still had flesh attached and some had teeth marks on them. Kenda theorized maybe she was a hiker out for a walk one day and got attacked by a bear. Now Joe Kenda needed to identify the dead female. They used dental records to determine if the dead woman’s teeth matched any dental records on file. On the third missing woman’s dental records, they finally found a match. Diane Pelkey, 36, was reported missing one week prior by her husband Michael Pelkey.
Michael Pelkey paid for a full page ad in the newspaper looking for Diane Pelkey. Police learned Michael was a 16 year veteran in the US Army and lived off post in Colorado Springs with his wife. Kenda now had the unfortunate task of informing Michael Pelkey of his wife’s death. He told him positive identification was made through dental records. Michael Pelkey was overcome with grief. They had been together for over 15 years. They had a son and she was four months pregnant. Michael claims the last time he saw Diane they were out at dinner and then got in an argument. He said she walked away from him and he had not seen her since. Kenda deduced she would have had to walk ten miles to get home. Kenda decided she was not killed by a bear, she was killed by a human. They didn’t know if maybe someone picked her up hitchhiking and killed her. Michael Pelkey claimed he didn’t look for his wife because he had to go home and take care of their five year old son.
As Kenda was reviewing the missing persons report for Diane Pelkey, he noticed one of the officers put JDLR (Just Doesn’t Look Right) on the bottom of the report. This is usually done when an officer feels something isn’t right or the person making the report was suspicious. Kenda spoke with the officer who took the report. They both decided the missing persons report was suspicious because Michael didn’t say anything about their child, Diane’s pregnancy, or that they got in an argument that same night. Kenda explained that usually if someone thinks something happen to a loved one, they won’t leave him alone. Kenda ran Michael Pelkey’s name through the data base and found there was a history of domestic violence, restraining orders in the past, and the couple had filed for a divorce. Kenda believed Michael Pelkey may have killed his wife but he wasn’t sure he had the authority to pursue the case.
Diane Pelkey’s remains were found in El Paso County, Colorado so the case may be out of Kenda’s jurisdiction. He pressed the sheriff’s office to put the squeeze on Michael Pelkey. They brought him into the sheriff’s department and started questioning him. They presented all the evidence they had to Pelkey and he became overwhelmed. Michael broke during the interrogation and admitted to killing his wife on October 8, 1993. He claimed they were in the car and he wanted to do some fishing. They started arguing; he accused her of being unfaithful, she accused him of being unfaithful. He said she wanted out of the vehicle to get some space from him and that didn’t sit well with him. Michael claims he snapped and started strangling Diane. Michael tried to claim that it was an accident. Kenda thought this was not an accident because it takes two to three minutes to strangle someone to death.
Michael Pelkey then told detectives he panicked after strangling Diane and decided to drive to a rural area in the Rocky Mountain foothills to dispose of her body. He put a seatbelt on her and drove as if she was simply a passenger in his car. He drove to a ravine near the highway and left her in an area where he didn’t think anyone would find her. Afterwards, he filed a missing persons report and took out an ad in the local paper to deflect suspicion from himself. Michael Pelkey probably thought he would get away with murdering her wife. But his plan unraveled and he was arrested for murder. The District Attorney allowed the Fort Carson Army leadership to court martial him despite the fact that the crime occurred in El Paso County. Michael Pelkey was convicted of second degree murder and sentenced to life. He is serving his sentence at Fort Leavenworth, a military penitentiary in Kansas.
You are held to a higher standard in the United States military. You will not behave in this way and if you do, you will be one sorry son of a bitch. Sgt. Pelkey found that out the hard way. -Lt. Joe Kenda
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.
All Hell Breaks Loose In Club Brawl Leaving A Young Solider Dead -Victim Zero, Homicide Hunter (Preview)
Lt. Joe Kenda of the Homicide Hunter series on Investigation Discovery discussed the murder of Fort Carson Army soldier Christopher Walton, 21, outside a night club in Colorado Springs, Colorado on November 21, 1991. What started out as a good night out on the town turned deadly after two rival units started a brawl at a local bar in Colorado Springs. The fight spilled outside of the bar and that’s when Christopher Walton was shot with a gun in the neck. Christopher Walton was getting ready to get out of the Army and move back to North Carolina. He was a described by his friends as a really good guy who took care of people.
As Kenda investigates the case, which is in his jurisdiction, he learns that a few months earlier a couple of soldiers got in a fight over a girl and that’s when everyone chose sides and the rival began. The rival was between the artillery unit and the maintenance unit at Fort Carson. An informant told Kenda that she thought Chris Smith may have committed the murder. Kenda pays Chris Smith a visit and in deed finds a gun similar to the gun they were looking for in his possession. It was later determined by ballistics that this gun matched the bullet recovered from Christopher Walton’s body.
Chris Smith was arrested for the murder of Christopher Walton. He never admitted to the murder and told Kenda that he had given the gun to someone else that night but would not give up the name. While Smith was in custody, the Army’s Criminal Investigation Division (CID) called Lt Joe Kenda to tell them they had a witness to the event and they thought he might have the wrong guy. The witness, Eric Walker, identified Leroy Davis as the actual shooter. Leroy was a member of the artillery unit at Fort Carson which was the rival unit to Christopher Walton’s maintenance unit.
As it turns out, Chris Smith was telling the truth. He did give the gun to someone that night outside the bar after shooting it in the air because he didn’t want it on his person. Eric Walker told Kenda that Chris Smith gave the gun to Leroy Davis who eventually returned the gun back to Smith. Chris Smith refused to implicate his Army brother, even after he was arrested and jailed. According to Walker, Christopher Walton pushed one of the artillery unit members and Leroy Davis acted on emotional impulse, pulled the gun out of his jacket, and shot Walton in the neck causing his fatal injuries.
For some unknown reason, Leroy Davis faced a court martial as opposed to a being tried by the civilian courts in Colorado Springs. Lt Joe Kenda described military discipline as a whole different game, sharing that they are “draconian and ruthless.” The military has its own internal justice system and has been at the center of a controversial debate in Congress for the past few years over the way it handles violent crimes. In this case, Davis was sentenced to twenty years at Fort Leavenworth where he will be expected to do hard, physical labor the entire time. We learned from one of the soldiers present at the scene that fifteen military members from Fort Carson got discharged as a result of their involvement in this incident.
Investigation Discovery:
A massive brawl erupts at a local bar ends with the shooting death of a young army soldier. To unravel the murder, Lt. Joe Kenda must infiltrate a revered military institution, and expose a dangerous vendetta. -Victim Zero, Homicide Hunter (S5,E9)
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.
The murder of a military wife and two of her young daughters in Fayetteville, North Carolina in 1985 was still making headlines twenty-five years later. The loss of his children and his wife Kathryn would forever haunt former Air Force Captain Gary Eastburn. Katie captivated him from the moment they met and the two got married shortly before Gary joined the United States Air Force. Eleven years later, Captain Eastburn was stationed at Pope Air Force Base in North Carolina as an Air Traffic Control supervisor. By then, the couple had three daughters: five year old Cara, three year old Erin, and Jana who was just under the age of two. They lived on Summerhill Road near the Fort Bragg Army post.
In the spring of 1985, Gary Eastburn was nearing the end of a training program at Maxwell Air Force Base in Alabama. Every Thursday night, Gary called Kathryn from the barrack’s payphone. One week, he couldn’t reached Kathryn and after frantically calling her for a couple days unable to reach her, Gary asked a neighbor to check in on his wife. The neighbors had grown concerned as well when they noticed that the newspaper had not been picked up for a couple days and they heard a child crying. They called the police who went into the Eastburn’s home and discovered Kathryn, Cara, and Erin had been murdered and the youngest toddler, Jana, was crying and severely dehydrated. They would learn that the baby was only hours from death.
The Fayetteville Police Department investigators discovered that Kathryn Eastburn had been raped and murdered. Her underwear had been cut off her, her blouse and bra were ripped opened, her throat was slit, and she had multiple stab wounds. Erin was found in her mother’s room stabbed to death and her throat slashed. And Cara was found in her own bed as if she was hiding underneath a blanket. She too had been stabbed multiple times and her throat was cut. Police believe the surviving toddler was in her crib for nearly three days before neighbors found her. Gary Eastburn received the dreadful call that there had been a death in the family while he was still at Maxwell. Investigators asked him to return home immediately because detectives wanted to give him the news in person.
Desperate police turned to the only living witness, Jana, to see if she remembered anything. The police took Jana to a child psychologist to determine what, if anything, she might know. The police deduced that the child heard the killer but could not identify him; she was just too young. An older Jana admits that she doesn’t remember anything now either. Police theorized that the baby was young and couldn’t identify the intruder which is probably why she was spared. In the meantime, a neighbor came forward claiming he saw a man leaving the Eastburn residence around 3 a.m. and was able to give a description of a suspect who drove a white Chevrolet Chevette. Kathryn also told Gary about a man who came and looked at the family dog they were trying to find a home for. His name was Timothy Hennis and the composite drawing inspired by the neighbor looked just like him.
Timothy Hennis was questioned and asked to give hair, blood, and fingerprint samples. When the detectives escorted Hennis back to his car, they discovered he drove a white Chevrolet Chevette. Later that night, Timothy Hennis was arrested. Hennis was an Army Sergeant stationed at Fort Bragg. Someone had used Kathryn’s stolen ATM card and a witness identified Hennis as the person who used the ATM right before she did at the time of the transaction. At every turn, the evidence overwhelmingly brought them back to Hennis. The prosecutors were puzzled why Hennis would commit such a heinous crime given he had no history of violence. They learned that he had approached a woman for sex that same night and theorized that when he was rejected, he decided to target Kathryn Eastburn.
A trial began roughly a year after the murders in 1986. Hennis’ attorney was quick to point out that the prosecution didn’t have any physical evidence linking Hennis to the murders to include fingerprints, hair, and foot prints. This was at a time before there was any routine DNA testing, therefore even semen found in Kathryn’s body led police nowhere. There was a significant amount of physical evidence showing that a male suspect was in the Summerhill Road house and it wasn’t Gary Eastburn or Timothy Hennis. Hennis’ attorney also pointed out that there was no possible way someone could leave that house without transferring evidence to their personal belongings. On July 4, 1986, the jury returned it’s verdict and Timothy Hennis was found guilty on all counts. Four days later, Hennis was sentenced to death.
While Timothy Hennis was sitting on death row, he received a letter from someone claiming to have committed the crimes. This person appeared to show remorse because Hennis was serving time for his crimes. In spite of the verdict, Hennis’ attorney and wife Angela continued to claim that Hennis was not the killer. As a result, Hennis’ attorney fought to have the murder conviction overturned and filed an appeal. The attorney felt he did not provide adequate representation in the first case and admitted that it was a heavy burden to carry. In a precedent setting decision, the Supreme Court overturned the guilty verdict. It found the prosecutors used information to inflame the jury, a graphic parade of disturbing images taken at the crime scene. After two years on death row, Hennis was awarded a new trial.
The second trial began in 1989, four years after the murders. The prosecution’s case was still strong and the star witness was back to swear that he saw Hennis leaving the Eastburn home on the night in question. In this new trial, the defense delivered compelling theories of their own. They produced a witness who claimed to have seen another man (not matching the description of Timothy Hennis) near the Eastburn home. The defense also reminded the jury there was no physical evidence connecting Hennis to the murders. Additionally, they opined there were others who could have committed the crimes including the person who wrote to Hennis while he was in prison. And in this case, Hennis took the witness stand and denied having anything to do with the murders. On April 19, 1989, a jury found Timothy Hennis not guilty on the triple murder charges and set him free.
Gary Eastburn wasn’t convinced of Hennis’ innocence because he never once apologized to the family for their loss. The verdict just didn’t sit right with Gary and he strongly believed that Hennis was guilty despite the jury’s decision. Gary admits he was angry after the verdict but he knew he had to let it go for his health. A month after Hennis was released from prison, ‘A Current Affair’ paid Hennis and his wife to appear on the program. Hennis suggested the prosecution wanted to pin the murder on anyone so they could get it out of the news; he also denied committing the murders. Timothy Hennis was free and for over twenty years no new suspects emerged. Whoever committed the murders in Fayetteville had gotten away with murder until one day a cold case detective took another look at the case.
After the murders, Gary Eastburn was transferred to a military base north of London, England where he met an English nurse and married her in 1991. Jana was 8 years old and now had a step-mother. Timothy Hennis returned to his family and resumed a career in the Army which often took him away from home. He served in the first Desert Storm war, he served in the war in Somalia, he got promoted multiple times, and had nothing but good marks from military leadership. Journalist Scott Whisnant wrote a book called ‘Innocent Victims’ which was later featured as a television movie. The point of view of the book was that Timothy Hennis was not guilty of these crimes. Investigators never read the book or saw the show. They claimed they were not interested in fiction; instead they were annoyed and pissed.
Twenty years later, new detectives were working on cold cases and decided to take a second look at the Eastburn murders. A cold case investigator found the one clue that could lead them to the killer, a vaginal swab from Kathryn Eastburn. In the 1980s, DNA testing was not available but now it was and they sent it to the lab. The lab testing revealed that the vaginal swab from Kathryn was a match to Timothy Hennis’ DNA. Still, Hennis’ attorney wasn’t convinced because he didn’t understand how someone could commit such a heinous crime then go twenty five years without committing another one and also lead an exemplary life. Billy Richardson believed the sample may have been contaminated and he pointed out that the lab that conducted the testing had been called into question on numerous occasions.
Author Scott Whisnant also believed that something was wrong and Hennis couldn’t have committed these crimes. He asked: “How could he be guilty of this? How could he fool everyone all these years?” Meanwhile, investigators contacted Gary Eastburn to inform him they got a match to Timothy Hennis. Eastburn admitted he had given up hope and the new information was overwhelming. But one thing stood in the way of justice: the Constitution. Hennis had been found not guilty by the State of North Carolina and they were prohibited from trying him a second time because of the double jeopardy clause. But the State found a loophole and because Timothy Hennis was a retired Army soldier, the Army could try him. They ordered Hennis out of retirement and back into uniform to stand trial in the military justice system.
Hennis retired in Washington state in a community near Seattle which was a shock to Gary Eastburn because that’s where he and his wife had settled and Jana and her boyfriend had settled. They learned that Hennis lived 30 minutes away from them. Jana was shocked he lived so closely to them because he was walking free in a community near her. But the Army would soon move Hennis; he was ordered back to Fort Bragg to face triple murder charges. After two decades of freedom, Hennis was being tried for the murders of Kathryn, Cara and Erin Eastburn, a third time for the same crime, except this time in a military court martial. If convicted, Hennis could again face the death penalty again. Hennis’ attorney was stunned that in America, Hennis could be charged for a third time for the same crime.
Billy Richardson referred to the double jeopardy clause in the US Constitution and reminded the public it doesn’t say anything about jurisdiction. He tried to get a federal court to intervene on the issue but failed. And in this third Hennis trial, there would be a new witness, Jana, the only survivor that night. She wanted the jury to know how this crime impacted her life. The trial began in the spring of 2010 and Timothy Hennis’ wife and grown daughter continued to stand by his side. They believed he was innocent. Hennis’ new attorney, Frank Spinner, argued at trial that the facts of Hennis’ life do not paint the portrait of a man who could commit such a heinous crime. He questioned how a man who led such an exemplary life could be the same person who would commit three murders in one night.
Timothy Hennis served his country with distinction, raised his family, and never committed another crime in the twenty five years after the Eastburn murders. And yet on one single night, Hennis slaughtered a family? The prosecutors said the motive didn’t matter because there was DNA linking Hennis to the murders. Spinner reminded jurors that DNA does not mean a case is open and shut. He argued that the DNA does not mean Hennis raped and murdered Kathryn Eastburn because Hennis admitted to consensual sex with her. Hennis suggested Kathryn was lonely while her husband was away at training. Gary Eastburn was angry the defense would have the audacity to suggest that Kathryn was a ‘whore’. Hennis’ old attorney Billy Richardson shared that Hennis denied having sex with Kathryn twenty years ago.
Kathryn and Gary Eastburn
The military panel didn’t believe Timothy Hennis and they found him guilty of the murders of Kathryn, Cara and Erin Eastburn. Hennis was lead away in handcuffs and for the second time in his life, he was sentenced to death. Timothy Hennis maintains his innocence, filed an appeal, and is fighting for a reversal of his conviction. Gary and his daughter Jana spoke to the press minutes after the verdict and expressed empathy for Timothy’s family despite their belief that justice was finally served. Jana Eastburn admitted she feels more at peace knowing that Hennis is behind bars. As of 2011, Timothy Hennis appealed his conviction and challenged the federal ruling regarding the double jeopardy clause. Timothy Hennis remains on military death row at Fort Leavenworth in Kansas.
Source: 20/20 on ID ‘Witness’
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. -20/20 on ID
MILITARY JUSTICE FOR ALL 