THE ELEVENTH COMMANDMENT
THOU SHALT NOT GET AWAY WITH IT...
CASE EXHIBITS
Information added to by Concerned Citizens:
See below for a variety of exhibits in several media formats related to cases shared with The Eleventh Commandment. Scroll this page to see the current information. Check back often as new material is added or modified.--XI
TOM HORTON CASE EXHIBITS
Undeterred, the Horton family retained a second handwriting expert with similar background who also worked for the State of Oklahoma. Even though this expert had less overall experience than the former one, her findings took into consideration the suicide note itself and another note taken into custody by police at the scene, forty-eight samples of Tom Horton's handwriting which included script and cursive writing of every letter and numeral over a period of fifteen years as well as his medical conditions and prescription drug history. She also compared these samples with those of two other persons known to be in the house on the day in question in a blind control scenario. She also had her work peer reviewed by two colleagues. Her findings were that Tom Horton was not the author of his suicide note. Furthermore, her professional opinion indicated that one of the other persons in the house had the ability, similar handwriting and was most probably the author of the note. This opinion was one of the major factors in the decision to seek a grand jury in 2009. When the Grand Jury was finally empaneled, the jurors appeared to be swayed by petitioner testimony that the note was quite possibly a forgery and directed the D.A.'s office to seek handwriting analysis. The DA staff did so with the first expert mentioned above. However, since that expert worked for the state in a law enforcement capacity, he was not able to 'double dip' per state law and was allowed time off to perform the work for his own salary. This amounted to less than one third the price he previously qouted the Horton family. Subsequently, he did less than one third the analysis he quoted and came back with an opinion that differed greatly from his initial consultation opinion in record time without looking at all the provided samples. In fact, based on the records that petitioners were allowed to inspect, it appeared that the analysis used less than 10% of Tom Horton's available writing and virtually none of the other samples. He indicated that Tom himself was the author of the note. This decision, according to D.A. staff, was based largely and most surprisingly upon the shape of the 'T-s' in Tom's writing. The petitioners were not allowed to inspect the majority of this opinion and it remains sealed in Garvin County District Court. To further enflame the issue, the handwriting analysis paid for by the family was not taken into consideration until the last few minutes of the last Horton session and only passingly and after repeated requests. It was not allowed to be compared to or weighed against the jury appointed analysis. The expert herself who was on site at the Grand Jury chambers was not allowed to testify. The first, non-published version of the written preliminary findings of the Grand Jury demonized the family hired expert as a untrained graphologist who had never testified as an expert witness. When the petitioners brought evidence of both her training and expert testimony to the Grand Jury, the final version as filed continued to minimize her contribution. Two years after the fact, the family along with The Eleventh Commandment are seeking ongoing testing of the note itself and the handwriting for definitive closure to the matter. See the following exhibits to draw your own conclusions.--XI
"...why don't you start by posting that 'suicide' note..." KH: Wynnewood
"...I've heard many rumors about handwriting tests which went on. Can you all set me straignt on that? You know how gossip goes in Garvin County..." PS: Wynnewood
"...Please post the copy I sent of my get well card which was signed by Tom in April, 1985. I think it speaks volumnes..." HC: Durant
Following the events of December 10th, 2008, members of the Horton family did seek handwriting analysis. They did so after exhausting all efforts with the local authorities and learning that there were no plans to take into consideration the possibility that Tom Horton's alleged 'suicide note' was a forgery despite evidence to the contrary.
At the time, a single so called handwriting expert who worked for a nearby district attorney's office claimed to have a monopoly over the state of Oklahoma stating that he was the only one accepted by the courts due to his being trained by the U.S. Secret Service. He listened to the scenario involving the note and indicated that it certainly sounded suspicious and should be tested to rule it out. He quoted the family a fee of up to approximately $6,000 to inspect the suicide note and a set of Tom Horton's handwriting for comparison. He lost the sale due to his assertion that the family should keep sending "samples and money until they were satisfied" as well as the fact that his 'Secret Service Training' ultimately amounted to a one week seminar put on every year by that agency and open to a wide variety of technical experts. Ultimately, members of the 21st District Attorney's Office attempted to steer the Horton family away from this expert anyway, indicating that were the Hortons to retain him, it would weaken the D.A.'s case if they needed a handwriting expert since he was the only one.
"...Just wanted to say that i really believe in what your doing. keep up the awesome job that your doing in keeping people up to date!..." SL: Oklahoma City
"...Thank you for posting this. I've been holding onto this letter ever since I heard there was a question about Tom's death asnd I was just too reluctant to send it on. I hope it does some good..." UI: Austin
"...I read a post online during the election. Soe squaking that said these were 'dead' cases. I hope if I die in Garvin County, someone gives me the benefit of the doubt and never considers my life a dead end..." SDP & AP: Ada
"...IN some of the things I read there was talk about blood being still in the house that police never analized. Is this really true?..." AA: Pauls Valley
Material does exist and it has not been collected nor formally scrutinized.
On December 10th, 2008, the Wynnewood Police Department under City Marshal Ken Moore and the Garvin County Sheriff's Deputies commanded onscene by ranking deputy (then) Lt. Travis Crawford as well as OCME Investigator John Miller isolated the crime scene to the immediate area surrounding the reclining chair that Tom Horton expired in. The case was very quickly considered a suicide and standardized crime scene discipline was inadequate at best. The officers present did not suitably inspect any other parts of the interior or exterior of the home, nor the outbuildings, vehicles or any other material so far as is known or officially documented despite the odd set of circumstances officers found when they entered the home.
Immediately upon their arrival, two of Horton's sons began to question the depth of the investigation but were rebuffed. Later on that evening, upon inspection of the rest of the house, they and other family members, friends, housekeepers and neighbors began to discover other items of interest or items missing. These findings bred even more suspicion about the cause and manner of the death as well as the true sequence of events leading up to it.
A group of family and friends brought the existence of material in other parts of the house to the attention of all authorities in turn including the WWPD, the GCSO and ultimately the OSBI. All three agencies turned a blind eye due to the crime scene being prematurely released. District Attorney staff validated the description of material in the house as most probably blood following interviews of the Grand Jury petitioners but indicated that blood in a house is a normal finding and could have been brought about by a 'shaving' mishap or a 'hunting accident' despite the quantity, location and shape. They did however take great interest in an item which was recovered some distance from the home and quite obviously intentionally discarded. Sadly, that item was lost or intentionally destroyed by unknown persons prior to it being taken into OSBI custody.
Grand Jurors toured the house under the watch of DA and Sheriff's office staff prior to testimony in September 2009 after it had been partially renovated. They were not shown nor allowed to be shown the totality of the material left nor did they inspect all rooms in the dwelling. Similar to the situation with a single handwriting analyst, petitioners were swayed away from using a certain highly recommended OKC based blood splatter expert. This expert was in turn tasked by the Grand Jury to analyze low definition crime scene photos. His opinion based on the limited material he had to work with did not lean towards homicide from a blood splatter viewpoint.
Despite much testimony regarding blood in the house, none was collected forensically and no search warrants were sought to properly collect whatever material may be left. Blood which was previously covered by paint or removed with certain solvents has begun to leach back out to where it is visible again. What follows are photographs taken from some of the locations known to be in the house. This documentation along with the fact that a certain individual has made repeated attempts to break into and enter the dwelling post event lead all involved to consider the distinct possibility that a wealth of potential forensic evidence exists which should certainly be taken into consideration.--XI
“...a ‘shaving’ mishap? Whatd he do, accidentally jug himself?...” AAS: Wynnewood
"...Tom had had trouble with *** **** for awhile. I got suspicious when they were going to divorce and didn't. This should have all been explained the first day. It's a shame those in charge wasted so much time not trying to find out what happened..." GS: Ada
“...well it ***** sure ain’t coffee stains I know that...” SP & WP: Pauls Valley
“...LOL, **** said during the election you all should put your money where your big mouth was. Guess you did. Cool...” DSR: Pauls Valley
“...the one thing that I never could believe was the shotgun. Anybody who ever shot a 12 gage knows better...” PD: Wynnewood
“...I’ve followed this since day one. I live near there and I could not accept the whole drunk and passed out spiel. Intoxicated and passed out. Gve me a break. During the grand jury I thought one of the things at issue was phone records subpoened. What ever became of that? Also please keep my name concealed because I have to work with ****...” ANON: Wynnewood
“...Tom was in a funk. No question. When I first heard, I didn’t think anything because I spoke with him on occasion. We all knew the situation more or less. After reading this, I wish I had gotten involved sooner...” FDT: Pauls Valley
"...When I saw those pictures I got so // mad. What's the best thing to clean up blood and puke with? Lemon cleaner. Just ask any NURSE..." PEO: Wynnewood
"...I don't believe any of the story. I knew it was ******** the minute I heard it at church. They can blow all the smoke they want. A man lost his life and they didn't do their jobs..." LL: Wynnewood
"...More attention is needed, maybe the media could put enough pressure on the so-called DA to make him do his job. Channel 4 seems to love this kind of news... DC: Lindsay
"...I don't think this was a suicide..." AK: Dallas
"...I had always heard from word of mouth that it was a sawedoiff shotgun which made it a little more believable to me then. That thing looks a little bigger than what I rhought..." KG: Elk City
"...BULL****. That man was shorter than me. I don't buy that for a second..." WEW: Oklahoma City
"...if I had been on that Grand Jury, I would have pitched a fit. My voter registration is current, maybe I'll get picked for 'regular' jury duty soon..." SA: Pauls Valley
Tom Horton's shotgun was not 'sawed off' per se in that it had a normal length barrel. Therefore the length from the business end to the triggers was the same as if it had a regular buttstock and was thus just as cumbersome for a self inflicted shot to the chest. This fact makes the decision to use that particular firearm quite suspicious especially since numerous modern handguns were available, at least two within arms reach at the time of his death. Most suspicious of all is that no one was aware of Tom Horton ever actually firing that shotgun or knowing if it would fire since it was bought at an estate sale of some kind and was known to hang on a peg in Tom's sitting room more as decoration than self protection. He also had several 19th century cowboy style revolvers in presumably unfiring condition in a picture box on the wall in the same room for the same decorative purposes.
Per the inspection by a gunsmith and respected authority on firearms, the original stock was professionally cut down from the original buttstock into a pistol grip and the pistol grip itself had been repaired once as well, presumably from being dropped many years prior. The gun also most likely once had a longer barrel, up to 24" and was cut back to 19" and recrowned with the bead site remounted to its present location. This length is 1/2" longer than the current standard minimum and a full inch longer than the federal legal minimum.
The gun was manufactured prior to serial numbers being mandatory in 1968 but was preliminarily dated to being close to 50 years old. It had a repeatable malfunction which if known about would have made the gun unsuitable for regular use without repair and a questionable method by which to kill oneself in any regard.
"...Was an autopsy ever done or asked for? I know that's a bog mess right now up here..." SWE: Oklahoma City.
"...Wouldn't an autposay have figured this out the first time? I swear I've never been so sick of the things that happen right under our noses..." DC: Purcell
"...Am I correct to say that Tom was not shot in the heart? I find this bizarre since I know he had surgery for his heart and knew exactly where it was. I'm having a hard time getting my head around all this. I just want to scream and punch someone..." ANON: Wynnewood
"...where did Tom get shot?...SS: Wynnewood
An autopsy was never performed on Tom Horton despite at least three members of his immediate family requesting one on the scene based on a variety of issues. The Oklahoma Office of Chief Medical Examiner circumvented their own statutory requirement to investigate all 'unattended, violent or deaths by firearm' by citing the onscene processing by OCME investigator John Miller in lieu of a standard autopsy. Tom was thereafter interred following standard practices of a local funeral home. Following lengthy testimony before the Grand Jury in 2009, the necessity of an exhumation was brought up but DA staff hesitated since another exhumation was already in the works, that of Chanda Turner, a gunshot wound victim from Elmore City whose death had occurred in 2000 outside of Pauls Valley. That exhumation occurred on Dec 15th, 2009. Chanda's death was classified as a homicide by then ME Dr. Collie Trant and Colorado Coroner Dr. Robert Bux acting under an Oklahoma court order. Dr. Trant was fired soon thereafter setting off a firestorm of scandal and that agency has yet to officially change the cause and manner of death in Chanda's case from suicide. [see www.justiceforthedead.com for more.]
Tom Horton did in fact undergo open heart surgery and possessed a prominent longitudinal scar in the center of his chest, directly over his heart. His fatal wound, quoting the OCME report "...WAS TO THE LEFT SIDE OF THE CHEST APPROXIMATELY THREE INCHES FROM THE LEFT NIPPLE. IT WAS HARD CONTACT WITH AN IMPRESSION OF THE BARREL ON HIS CHEST..." While his heart was not directly impacted so far as is known, the chest wound was catastrophic and rapidly fatal nonetheless. The point of contact of the firearm to the chest was certainly questionable but pales in contrast to some of the other more glaring issues.--XI
"...I've heard every version of this story imaginable. Which cops were actually at the scene and why?..." PP: Dallas
"...Are some of the deputies being hired back to work at Wynnewood P.D.?..." NB: Wynnewood
At the time of this writing, based on the reports available to The Eleventh Commandment including those of the WWPD, GCSO and the OCME (OSBI reports are not public record.) The following law enforcement officers and investigators [in no specific order] were on the scene in an official capacity: (1) Officer Paul Thacker, WWPD (2) Officer Shane Rich WWPD (3) Officer Scott Martin WWPD (4) City Marshal/Chief of Police Ken Moore WWPD (5) Deputy Travis Crawford (6) Deputy Chad Weeks (7) Deputy Zac Henderson (8) Deputy Jeff Poteet (9) Deputy Kim Erwin (10) Investigator John Miller OCME.
Since that event, Officers Thacker, Martin and Rich have left the WWPD. Deputies Weeks and Henderson have left the GCSO. Shane Rich was hired at the GCSO by then Acting Sheriff Brooks and is currently on staff. Deputy Travis Crawford was promoted to Captain and he along with Deputies Josh Keith and Nathan Mullet are to work part time as WWPD Officers. Deputies Jeff Poteet and Jim Mullett were to also serve with WWPD but withdrew their applications. Ken Moore continues to serve as the elected Wynnewood City Marshal and is next up for election in 2011.
“…I am originally from Garvin County, thank God I didn't stay, however, not that far away. I advocated heavily for Larry Rhodes to family and friends in Garvin County that they needed to make a change. My question is, How is it that Larry Rhodes is keeping Travis Crawford in that office. Blows my mind that he would let him continue in his capacity as if he has done nothing wrong. I know Larry had to be the choice without a doubt, but seems his judgment is lacking...” IW: ANON IP ***.**.***.**
“…Did **** tell me correctly that Tom had paid for a divorce for ***** and that it was a done deal?...” LL: Stratford
“…In the sate of OK can a person be forced to testify against their spouse? Say, in a murder case?...” HHT: Elmore City
Tom Horton did in fact pay a substantial sum in cash to pay the legal fees for a divorce proceeding which was begun months earlier in the State of Texas. That matter had proceeded according to schedule and was to be finalized on Monday, Dec 15th 2008 with the signing of the final paperwork by both parties in that matter. (As per both the legal documents in question and Tom Horton’s day planner where he documented it) That signing did not occur and said divorce did not go through following the events of Wednesday, December 10th 2008.
In Oklahoma, as per the rest of the United States, any person accused of a crime is protected by the right from self incrimination meaning they cannot be compelled to testify against themselves however they may opt to do so. Based on the specific legal definition of the bonds of marriage, this right is commonly accepted to extend to one’s spouse. Again, the spouse may opt to do so but cannot be compelled to.--XI
“…I signed the Grand Jury petition for Mister Horton and I seem to remember something in the petition about items missing or taken from the house. There was also mention of things about his body which were cause for alarm…” DE: Wynnewood
"...***** and ***** may have pulled the carpet right out from under Tom's feet, but they most certainly did not pull the wool over my eyes. A reckoning is coming. They can't run from this forever..." DRE: Dallas
“…Way back, I think Chan 9 or 4 said something about problems with Mr. Horton’s body. How so?...” MON: Pauls Valley
In the months following Tom Horton’s death, his family and friends sought the opinions of a number of experts in a variety of pertinent fields to follow the advice of the District Attorney’s Office staff which was to collect enough information to seat a Grand Jury in the matter. A number of forensic pathologists gave unofficial interpretations of the existing crime scene photos and all indicated that the photos in question were of poor quality and insufficient number. However, based upon the limited material availible, none of the pathologists could rule out the possibility of Tom Horton having been injured prior to the fatal shotgun blast that took his life. Specifically, they could not rule out the likely prospect that he had been struck repeatedly as if in a physical altercation a short time before his death. Four separate pathologists all stressed the necessity of a proper autopsy to define the exact particulars of Tom Horton’s death regardless of the outcome of a Grand Jury or other proceeding. An autopsy has yet to be performed. Decorum prohibits the illustration of these possible injuries here. -- XI
[ABOVE:] A number of household items were removed and/or manipulated in and around Tom Horton‘s home immediately following his death but before the arrival of police in the late afternoon. This occurrence seems to point out the rather obvious nature of some sort of clean-up both of the immediate location of the shooting and of a person present when it occurred. Prior to the Grand Jury being seated, one item which was soiled and discarded was recovered for potential testing but was stolen and presumably destroyed prior to entering the OSBI chain of custody. To date none of the other items missing from the home have been recovered.
“…I probably shouldn’t be knowing this but ***** said you all had a pretty good point when it came to the shotgun issue. Rumors fly you know?...” JK: Pauls Valley
“…The really sad part is that ***** is not above fabricating evidence if it suits them, of course. Things are in a really sad state. You cub scouts got a nice lesson in that, I’m sad to say…” POL: Purcell
"...hogwash. From start to finish, this so called case was hogwash. Or should I say whitewash..." TD: Dallas
"...this is just a random thought, but in the photo above shotgun shell the black bag on the floor seems to be in an odd place. Maybe it's just me but that bothers me for some reason. Lord knows I'm not d detective but I can't stop fixating on that bag. Was that some sort of gun carrier?..." SAG: Oklahoma City
It was a work bag which Tom used as a sort of briefcase. The crime scene photos show it to be unzipped and the contents visible. These included several items he used for work in addition to some personal file folders pertinent to his living situation at that time. Neither the papers inside nor the exterior of the bag exhibited blood staining but the bag itself was sitting directly on a prominent blood stain on the carpet which appeared to have been partially removed with cleaning solvents prior to the arrival of the police. The shape of the stain became more apparent after the deceased, the bag and the chair were later removed that evening. It then appeared to the naked eye and photographs like a line of blood material which had landed over an object that had then been removed, not unlike that of paint overspray interupted by a masking tape line. (The object in question was most likely the rug which was known to be at Tom Horton's feet until at least 2:30 that afternoon but went missing prior to the crime scene photos being taken.) The area directly around the chair also possessed the overwhelming odor of lemon cleaner which persisted for some time. This stain remains as do several more which have recently been discovered. Wynnewood Police were made aware of this issue later that evening, Dec 10th 2008 and multiple times later but they dismissed the finding.--XI
"...I read on facebook that you had put on the last exhibits. Please add mine if possble. I want you to know that Tom Horton used two different signatures in his life! One he used for friends and family, like an unofficial signature. And the other is what he used on business documents. Me and ****** were digging furiously and we're certain that's what he did. You can see on the first two attachments what I mean. That's 1984 and 1987. Compared to what ***** showed me here. Guess which signature type ****** was known to copy? That picture of the note and scratchouts gave me nightmares. Don't let this go. Please block out my name though, I beg you. I'm old and I don't need any grief from *****. ANON: IP ***.**.***.**
Thank you both. Not to worry. Information sent to The Eleventh Commandment regarding Tom Horton's case will remain after next week on the exhibits page. We will continue to collect information until the true story of what transpired on December 10th, 2008 is known. Fiat justitia ruat caelum -- XI
SHEILA DEVINEY CASE EXHIBITS
Seven years ago, on January the 6th, 2004, Sheila Ann Deviney died while embroiled in a protracted custody battle with her ex-husband. She was owed five years worth of back child support which had never been paid since her divorce. As the matter became more and more contentious, she told her classmates at Murray State College as well as her friends and her parents that she feared for her life. She explained that she was threatened by a man who told her he would "burn her out and no one would know the difference." The custody matter was scheduled to be settled in Garvin County Court on Jan 5th, 2004. Instead, the hearing was continued until January 27th. Sheila never lived to see the outcome.
After dropping off her two children at Whitebead school at 8am on Jan 6th, Sheila returned home where she was set upon and incapacitated. She was intentionally positioned on the floor of her trailer home where she was packed with flammable materials, doused with accelerants and burned.
To read more about the Sheila Deviney case, visit: www.sheiladeviney.org
In 2010, outraged citizens in three states combined their resources to allow the Deviney family the ability to offer a reward in Sheila Deviney's case: $50,000 is offered in cash for information leading to the arrest and conviction of those responsible for the murder. If you know who killed Sheila Deviney, come forward and claim your reward.
[ABOVE:] Sheila Deviney had applied for and been granted a permanent protective order against her ex-husband in Garvin County court. This VPO had been in effect for just under six years at the time of her death. Despite evidence which indicated that the VPO had been violated, Garvin County Sheriff's Deputies did not and have not actively investigated the death as a crime. Following the Nov 2nd 2010 General Election, Garvin County has been invigorated with fresh new elected officials including a new District Judge, a new Sheriff and new personnel in the District Attorney's Office. May Sheila's case be looked at with a fresh perspective and her killers brought to justice.
A 2005 Grand Jury report in Garvin County said the following:
"That the investigation of Sheila Deviney's death was not as fully or thoroughly conducted as this jury would have desired, as residents of Garvin County. That greater communication was needed between the law enforcement agencies investigating Sheila Deviney's death."
[ABOVE:] The incinerated living room chair near Sheila Deviney's immolated body. The limited investigation which has taken place thus far was clear that Sheila was subdued, packed with flammable material and doused with accelerants. She burned alive knowing who her killers were.
Those reponsible for her death roam free...
