Accused

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Accused Page 2

by Brittany Ducker


  “Okay.”

  “So any police officers involved, he would get in trouble. The thing about it is, he’s made it very adamant that, you know, you don’t want to get any law involved into any situation down there at Amanda’s. I mean, he called me right after they got back together and of course I talked to him,” Terry said. He further told the officer that he was cordial with Josh Gouker during any conversations he had with him, but that he tried to keep his distance if at all possible. He didn’t like the man and he never wanted him around his child. He knew Amanda loved Trey, but her judgment became cloudy where Gouker was concerned. “I know for a fact that Amanda would not have done anything to Trey,” he said.

  “Yeah.”

  “But when I see her neck all bruised up like that, I mean it was like a light bulb that…” he trailed off, thinking of the possible scenarios that set the wheels in motion for his poor son’s murder. “What if they were in a fight and Trey tried to do something? What if he tried to get out of there and get to my house like I have told him to? If something like that happened, I’ve even told him to bring his [half-] sister,” he said. “You know, it’s been about a month ago that Amanda was walking…right in front of my house. She had a baseball bat and it was supposedly said that she cracked Josh in the hand with it because he was trying to put his hands on her. Now when they split up many years ago, he almost killed her. This was many years ago, but that’s why it was a shock for me to see him even back.”5

  The detective took a few moments to digest the information. Josh Gouker, it seemed, had a violent streak and there were obvious reasons that they should investigate him further. It was best to strike while the iron was hot and he needed to get all of Trey’s father’s musings on the scenario while he had access to him at the scene of the murder. He ran a thought by him: “I just wanna ask, because I have you here now and I want to find out everything. Would Trey be the kind of kid, if Amanda and Josh were fighting last night and he tried to stop it, would Trey be the type of kid that would try to take Josh on a walk to calm him down? Would Trey leave with him? Would he walk to a place like this with Josh by himself?” he asked, gesturing toward the creek bed. “Do you think? I mean, that’s probably a hard question for you to answer.”

  Terry nodded, “He may trust him enough to do that, yes sir.”

  As Detective Russ interviewed Terry, Detective Maroni compiled a list of people present at the scene whom she wanted to speak with first. Due to the sweltering heat that day, administrators at Liberty High School allowed Detective Maroni to utilize an empty classroom in the building to conduct interviews. By the time she sat down for her interview with Amanda McFarland, Trey’s mother, it was 4:48 in the afternoon. Amanda was noticeably distraught. She retraced her steps for the day, describing for the detective that she and her husband, Josh Gouker, had spent the day running errands, visiting McNeely Lake Park and looking at a potential rental property in that area. She had been unaware that Trey had not arrived at school that day. The school had not called to inform her that he was absent. A high school student, Trey generally woke up before her at around six-thirty in the morning and she had assumed that he left for the bus stop prior to the time when she woke to help her eight-year-old daughter prepare for school. Amanda was inconsolable, so Detective Maroni only interviewed her for fourteen minutes and then turned her attention elsewhere, knowing that she could follow up with Amanda later when she was less agitated.6

  Immediately following the interview with Trey’s mother, Detective Maroni interviewed Josh Gouker, Trey’s stepfather. Although she had interviewed Amanda alone as was police protocol, Detective Maroni allowed Amanda to remain in the classroom as she interviewed Gouker. Amanda was understandably distraught and Gouker expressed concern that she should not be left alone. Detective Maroni conceded and Amanda remained in the classroom while the detective spoke with her husband, even though this violated police interview protocol for homicide investigations. It was important to interview potential witnesses separately so that they would not influence each other’s accounts of events. However, Detective Maroni deviated from her standard practice under the urging of Gouker. She felt terrible for the murdered boy’s mother and was also concerned for Amanda’s well-being. She proceeded with Gouker’s interview as Amanda sat quietly to the side.

  The interview with Gouker only lasted fifteen or twenty minutes and covered the couple’s activities for the previous evening and much of the same information discussed by Amanda. Each revealed that they had held a cookout the prior evening and that Trey had retired to bed at ten o’clock due to the fact that it was a school night. Gouker indicated to the detective that he and Amanda had taken a trip to the gas station later that evening to purchase cigarettes. Police would later collect the surveillance video and noted that the couple was visible on the tape.

  At some point during this interview, Gouker indicated that some older boys from a nearby apartment complex had bothered Trey at the bus stop in the month prior to his death. Specifically, he recalled that they had stolen Trey’s phone and harassed other kids in the neighborhood. Gouker expressed concern that the boys might have had something to do with the murder. Detective Maroni took note of this suggestion and planned to follow up on it later that evening. She indicated that she might have further questions for the couple as the investigation progressed. However, she allowed them to exit the classroom for the time being.7

  After speaking with a few of Trey’s friends, Detective Maroni had one boy left to interview. At 6:21 P.M., she sat down in the classroom with Josh Young, Trey’s fifteen-year-old stepbrother. Although his father, Josh Gouker, escorted him to the room, Detective Maroni interviewed Joshua Young alone. The thin wisp of a boy was dwarfed by his father’s husky frame and he seemed very nervous. Gulping deeply, he settled into a seat in the classroom, his voice cracking as he did his best to answer the detective’s questions.

  When Amanda got word that a body was found at Liberty High School, Josh never could have imagined that it could be Trey. They had just been together the night before and everything had appeared so normal. He told the detective everything he could remember from the previous night but his mind was spinning and everything was a blur. He felt like his thoughts were all jumbled together but he tried his best to recount the night’s events.

  He indicated that he was present at the cookout at Trey’s home the evening before and further stated that when he last saw Trey, he was emerging from the shower dressed in regular clothes, not his pajamas as Josh would have expected. When asked if Trey could have been planning to sneak out of the house, Josh emphatically answered, “He would have told me,” but that, “he doesn’t really do anything like that.”8

  Josh’s voice wavered as he told the detective that the only problem Trey ever had with anyone was the incident at the bus stop when some people from the apartments attempted to take his cell phone the previous month. However, he believed that issue had resolved itself weeks before and they had not spoken of it since. Detective Maroni remained very sweet with Josh; in a sensitive, almost motherly tone of voice, she thanked him for speaking with her as she ended the interview with the young man. She instructed, “If you hear anything, tell your dad.” Josh nodded quietly, anxious to get out of the room and rejoin the crowd outside. He wanted to know what had happened to his stepbrother and he hoped he could learn the answer to this question if he located his friends and family outside the school.

  As the evening stretched on, detectives were left with little to go on in the investigation. It appeared the most viable lead was the “apartment” boys implicated by Josh Gouker. Gouker had not minced words when he emphatically stressed that a roving band of young males from the nearby apartments could be responsible for Trey’s murder.

  The apartments were a housing complex located within walking distance of Trey’s neighborhood. In the weeks prior, several residents of the apartments had wreaked havoc on the area. Trey’s phone was stolen at a bus stop by several teens from the
apartments and other children in the neighborhood were victims of similar crimes. One grown man in the neighborhood had been jumped and beaten by a group of young men he recognized as living at the apartments.

  Police compiled a list of boys from the apartment complex whom they needed to interview in the coming hours. It was a stretch: the theft and physical scuffles allegedly perpetrated by the apartment’s residents were a far cry from the brutal murder of a teenager. However, for the time being, it was a lead that the detectives were compelled to investigate. It did not appear that anyone else had seen anything suspicious, at least nothing that would implicate any specific person in Trey’s murder, and the young man was a sweet, intelligent honor student. What motive could there possibly be for anyone to harm him?

  Terry Zwicker had conveyed his suspicions about Josh Gouker to Detective Russ as they spoke in the police vehicle, but he was unsure whether the detective would take his concerns seriously. Terry had to leave the investigation in the hands of the detectives—they were the ones skilled and experienced in this type of situation. The investigators expanded their search: could the killer be a violent stranger lurking in the shadows or did they need to concentrate closer to home?

  Chapter 2

  Trey

  Most popularly known as the home of the Kentucky Derby and the University of Louisville men’s basketball team, Louisville has more to offer than horses and hoops. People often hear that Louisville, Kentucky is a great place to raise a family and that assertion is true for the most part. Southern hospitality reigns supreme in the city and, although the bustling downtown area houses office buildings, shops and nightlife, it is the suburbs where the majority of people settle.

  Nestled on the banks of the Ohio River, Louisville holds no shortage of recreational activities or job opportunities. The cost of living is manageable and homeowners get more “bang for their buck” than in other cities of similar size. Families that thrive in Louisville stay in Louisville for generations. It has a big-city feel with a suburban landscape.

  Amanda McFarland’s baby, Terrence “Trey” Zwicker, was born in 1997 in Louisville when his mother was sixteen years old and his father was nineteen. He was the first grandchild for his maternal grandparents and he was universally adored from the minute he was born. It was easy to see why. From the start of his life, Trey was a lovable, sweet boy and he enjoyed spending time with both sides of his family. He was likewise adored by Terry’s side of the family and no one could quite get enough of the darling little boy.

  When Trey was three years old, Terry Zwicker hired an attorney and initiated a custody action. He wanted to pay child support and he wanted to set regular and consistent visitation with his son. He did not want to be a “weekend dad.” His attorney was expensive, but Terry worked hard to save up the money. It was clear that he would do anything for his son and he wanted to be a part of his child’s life. By the time the case was resolved, he and Amanda had agreed to split their parenting time equally. They would have Trey at their homes on alternating weeks so that each parent could have adequate time to bond with him.1

  With the agreement in place, Trey’s parents got along for the most part, but they did have issues. The main issue Terry had with Amanda was her association with Josh Gouker. Amanda and Josh had an on-again/off-again relationship in their teenage years. Gouker was extremely possessive of Amanda, even when they were teenagers.

  It appeared that Terry felt Gouker was a bad influence on Amanda and he did not want to risk that type of influence around Trey.2 Gouker had divorced his first wife when he began to seek out his old flame, Amanda. By then, Gouker also had a child, Josh Young, from his failed first marriage. Amanda and Gouker began dating and soon got married. Terry Zwicker contacted a family judge because of safety concerns when Gouker was with three-year-old Trey.

  The judge in their family court case issued a “no contact” order between Trey and Gouker. Amanda could not have Gouker anywhere near Trey during her parenting time. Most people felt that Gouker was a mean and violent person and, years later, people in the neighborhood still remembered him for his propensity to fight and bully others. Amanda worked at a fast-food restaurant, a job that she had started as a teenager, and Gouker resented this as well. However, his resentment didn’t stop him from using her money, despite the fact that he did not maintain employment.

  People familiar with both sides of Trey’s family often suspected that Gouker resented Trey as well. He was clearly not happy with the fact that Trey had another father. Amanda was very affectionate with her son and this also seemed to make Gouker jealous. He always wanted to be the center of attention and he wanted Amanda’s world to revolve around him. When Trey was around, this did not happen; during those times, Amanda’s attention was focused on her son.

  Although Josh did not appear outwardly mean toward Trey when he was a young child, Amanda grew tired of Gouker’s jealousy. Amanda wanted a divorce and she told him so. Apparently that was not what Gouker wanted to hear. They were staying at a hotel at the time and Trey was with his father.

  Amanda knew that situations with her husband could often turn volatile. When she asked for a divorce, Amanda attempted to leave the hotel room, but Gouker hollered after her and chased her down the hallway to a public balcony. As she dashed toward the stairwell, he grabbed her from behind and lifted her upward, pushing her against the balcony railing and halfway over it.

  Just when it became apparent that he was going to throw her over the balcony several stories down to the asphalt below, a cleaning lady pushing her cart strolled by and stared in horror at the scene unfolding before her. She jerked her cart to a halt.3

  “Honey, do you need help?” the cleaning lady called out. Gouker froze. For just a second, he loosened his grip on Amanda and looked backward at the maid. Amanda seized her chance and bolted toward the other woman. The cleaning lady was a large woman and Amanda was able to dash behind her, crouching down to the rear of the woman’s cart. The woman ushered her away from the area. They slipped quickly into a nearby vacant room and called the police, waiting in the locked room until Gouker was gone.4

  Amanda was able to stay away from Gouker and although they were still technically married, they lived separate lives. As Trey grew older, he became a big brother twice. His mother entered into a relationship with a man who produced the older of his two baby sisters and his father, Terry, and his new wife had a little girl as well. He was a great big brother and delighted in playing with his sisters. Trey was sweet and kindhearted. He was always willing to help out friends and family and he loved fishing with his dad.

  He was a fun-loving kid, but he was also responsible and mature. Trey’s sister was scared of the dark and he was a little bit, too. On nights when she was afraid to sleep alone, he would pull a blanket and pillow into her room and make a pallet on the floor, because being near him eased her fears. Ever the responsible boy, Trey would move his alarm clock into her room too. Although he was only fourteen years old, Trey got himself up and ready for school every day and made his way to the bus stop on his own.

  Trey’s sense of responsibility didn’t end with school. While most kids might waste their free time hanging out with friends or goofing off, Trey wanted to make his own money. By the time Trey was fourteen, Amanda had been working at the fast-food restaurant for over fifteen years and she had become a general manager. She helped Trey gain a job at her location and they often worked shifts together. Trey saved his money. It must have given him a sense of accomplishment, as a young teenager, to be capable of buying the things he wanted. Most of the spending money that he earned through his job went toward buying snacks and video games. He also bought a stylish pair of black tennis shoes that he was very proud of and wore almost every day. His parents took turns shuttling Trey back and forth to his job. They were proud of him for displaying such a strong work ethic at such a young age.

  In 2011, Trey was a typical high school freshman with a close-knit group of loyal friends. He was a good-l
ooking boy, tall and stocky with close-cropped dark hair and a sweet, shy smile.

  His relatives later remarked that Trey was softspoken and shy around people outside his family unit. He was most comfortable at home in the company of his family and a few close childhood friends from the neighborhood. He often sat quietly if he was in the company of new people.

  Trey’s uncle, his mother’s brother, had obtained a degree in culinary arts and Trey spent hours watching him cook and asking questions. His uncle was convinced that Trey would be a great chef and encouraged the boy to consider that career option.

  Whenever Trey was around, his uncle would show him how simple ingredients could turn into a delicious culinary masterpiece and Trey seemed very interested. He expressed the desire to possibly follow in his uncle’s footsteps several times to relatives on his mother’s side of the family.

  While he enjoyed cooking with his mother’s family, dinnertime was also one of Trey’s favorite times at his father’s home. Trey’s stepmom often cooked dinner for the family and on many occasions Trey, watching her cook, said, “That smells good. What is it?” Their family dinners were especially precious as it was the time of the day when everyone got a chance to chat about the day’s events and catch up with each other.5

  Trey loved both his parents and was comfortable spending time at both of their houses, though the methods by which the houses operated were quite different. Terry’s house was stricter and he and his wife were more stringent in the rules they set, enforcing those rules and punishing infractions. They kept a close eye on Trey and were always quick to offer guidance. Amanda’s home was more relaxed, especially as Trey grew older and his stepfather, Josh Gouker, reentered his mother’s life. Trey was allowed to run around the neighborhood later into the evenings with his friends.

  The houses were within walking distance of each other, but several of Trey’s friends lived nearby, so it was easier for them to hang out at each other’s homes when he stayed at Amanda’s house.

 

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