Cross Examination

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Cross Examination Page 26

by James C. Gray


  "How much is the bail?" Calvin Yee asked.

  "$1 million even," Brent said. "I just dropped it off in Records and the warrant is going in the system."

  FBI Special Agent Romero Diaz was sitting in on the meeting.

  Nate Boxley turned to Romero and asked, "What happens if Usher takes off and flees California?"

  "If you can show he knew he was a fugitive," Romero said, "and he fled the state where he has been charged -- I can get a federal 'UFAP' warrant for you.'"

  "'UFAP,'" “Beach” Sutton repeated. "That sounds obscene."

  Beach got a glare from the lieutenant.

  "'UFAP,'" Romero continued, "stands for 'Unlawful Flight to Avoid Prosecution.' We can use FBI resources to help you find your suspect. The US Marshall Service can get involved too, because he would be considered a federal fugitive." He turned to Brent. "It takes a couple days to get the warrant. Just let me know how I can help."

  "Will do. Thank you," Brent said.

  "Everyone back to work," the lieutenant said. "Sergeants Rozman and Gold, please stay behind."

  "Yes, sir," Jerrod said -- having not attempted to leave his seat. He knew what was coming next.

  Darrel Regner smiled at him from across the table as he stood up to leave.

  "Please close the door behind you, Detective," the lieutenant said to Zippy -- the last to leave the office.

  "You two had eight detectives working on one case until nine-thirty last night," the lieutenant said. "And no one was arrested."

  "Two cases, sir," Brent said, "since we're looking at Usher again in the Jelinski murder as well. We feel the two cases were committed by the same person."

  "Your 'feelings," the lieutenant countered, "are not sufficient to justify the expenditures racked-up last night. I entrust the supervisors in my command to use the resources available judiciously."

  "Yes, sir," Brent said -- as any shred of enthusiasm for his job flowed out of him.

  "And you," the lieutenant looked at Jerrod. "Sergeant Smart-Mouth. I appreciate the fact major cases do not all occur between -- 'eight to five, Monday through Friday' -- I believe is the phrase you used."

  Brent glanced over at Jerrod and gave him an "are you insane?" look.

  "If you would like to continue working in this Division, I suggest you tread lightly and keep your commentary to a minimum. Have I made myself clear?"

  "Yes, sir," Jerrod said.

  "Come with me,” Brent said to Jerrod as they left the lieutenant's office.

  They walked past Linda Westphal sitting at her desk. She looked at the back of Jerrod's pants as he passed her.

  "It's all gone," he said. "No butt left."

  She gave him an encouraging smile. "Go find your killer."

  "That's the plan. Thank you."

  Jerrod sat down in the Persons Crimes office with Jeff Moreno, Calvin Yee, and Romero Diaz. Brent closed the door after he entered.

  Brent looked at Jerrod, "Maybe the lieutenant will cut us some slack if we find Usher today."

  "Only if he's being booked at CJ and we're done by five o'clock," Jerrod said.

  "Where are we going to start looking?" Jeff asked.

  "His girlfriend's house," Jerrod said.

  * * *

  Brent joined Jerrod in his Buick. Jeff and Calvin took a separate car. They met in Valle Verde at the Roanoke Court home of Ernie and Dolores Heikki.

  Jeff and Calvin walked along the sides of the house to guard the back of the house. Brent and Jerrod stood on either side of the front door. Brent ignored the door bell button and pounded on the wooden door.

  "Sheriff's Office. Open the door," Brent shouted. Both sergeants had their hands on the grips of their Glock auto-pistols.

  Thirty seconds later, the door was cracked open, and a woman's voice asked from behind the door, "What do you want?"

  "We're looking for Nick Usher," Brent said. "Is he here?"

  "He's not here," she said. "He hasn't been here for a week. Please go away. Your upsetting my father."

  "Dolores," Jerrod said. "We need to find Nick today. We have a warrant for his arrest."

  "A warrant?" she asked. "For what?"

  "Murder and auto theft," Brent said.

  Dolores opened the door and stormed onto the porch. "He didn't murder anyone. It was an accident."

  CHAPTER 75

  Jerrod, Brent, Jeff, and Calvin entered the house and checked all of the rooms to insure Nick Usher wasn't there.

  Jeff and Calvin occupied Ernie Heikki in the living room while while Brent and Jerrod interviewed Dolores in the kitchen.

  "He told you it was an accident?" Brent asked Dolores.

  "Yes."

  "What, exactly, did he say?" Jerrod asked.

  "I haven't seen Nick in over a week. He called the house from a pay phone late last night and said he was in trouble."

  "What kind of 'trouble?'" Brent asked.

  "He told me he went to a house that he had been staying and saw police cars and officers talking to the people inside."

  Brent glanced at Jerrod.

  "He said the police were probably looking for him." Dolores started to cry. "He said he thought about just walking up to the house and turning himself in."

  "But he didn't," Brent said.

  "He said he was afraid his probation would get violated and he would go to prison for... another thing he did."

  "Beating Billy Jones?" Jerrod asked.

  "Yes."

  "Tell us about his cocaine... issue," Brent asked.

  She blotted a tear with a tissue. "I don't want to talk about that."

  "It's important we get the whole picture here," Jerrod said.

  "Sorry. No."

  "We kind of got off track," Brent said. "Nick told you we was involved in an 'accident,' correct?

  "Yes."

  "What was the nature of the 'accident?" Brent followed.

  "Nick told me... understand he's been under a lot of stress... anyway, he went to Billy Jones' father's house looking for work. He said the dad... I don't know his name... invited him in."

  "Go on," Jerrod said.

  "Nick said he had a cup of coffee and everything was fine. They were talking when Billy's name came up and he... the dad... got angry and told Nick to leave. Nick started to leave and the man picked up a 'bar' of some type and tried to hit him with it."

  "The dad tried to hit Nick with the bar?" Brent asked.

  "Yes," she said. "Nick said he took the bar away from the man and the dad ran into the bedroom. Nick said he thought he may be trying to get a gun, so he chased him. The man tripped and hit his head on a cabinet or something."

  "Tripped?" Jerrod asked.

  "That's what he said."

  "Did Nick say anything about," Brent asked, "any items he may have taken from the house?"

  "No?"

  "How about a car?" Jerrod said.

  "He didn't say anything about a car," she said. "His car got stolen a couple weeks ago."

  "Do you know where Nick is now? Brent asked.

  "No."

  "Would you tell us if you did know?" Jerrod said.

  She thought for a few moments. "Probably not."

  "Will you help us get him to surrender?" Brent asked.

  "No."

  "Does Nick have a gun?" Jerrod asked.

  "Not that I'm aware of."

  "Just so you fully understand," Brent said. "He's now got a felony warrant for murder and auto theft. Anyone who assists a fleeing felon can be charged with a crime."

  She nodded. "I don't care."

  "Let me put it a different way," Jerrod said. "If some rookie cop finds Nick and learns about the warrant... for murder... and Nick so much as scratches his nose... who knows what's going to happen."

  Dolores cupped her face in her hands and cried for a full minute.

  "I tried to help him," she said through her sobs. "He's a good man and he was good with my dad."

  "He needs to face up to the charges and see what happe
ns," Brent said. "If it was an accident, that'll come out in court."

  "You can talk him into giving up and we'll go get him wherever he is," Jerrod said. "Nobody needs to get hurt."

  "Nick liked you," Dolores said to Jerrod. "He didn't care for the other detective with you."

  "Stan?" Brent whispered.

  Jerrod nodded to him before speaking to Dolores. "When we first met, I was talking to Nick about a completely different case. That was back in October."

  "Yes."

  "What did he tell you about that... situation?"

  "He said he went to visit a man who owed him some money. He got paid and left. He said he didn't know the man was dead until you showed up here."

  "How much money did he collect?" Jerrod asked.

  "He said he got about $300 dollars, or so."

  Jerrod looked at Brent with enlarged eyes.

  "Did you see the cash?" Brent asked.

  "No. He just told me about it."

  "What did he tell you about the polygraph examination he took back in October?"

  "He was a little nervous about taking that. But he said he hadn't done anything wrong and he didn't want you to call his probation officer -- so he took the test."

  The house telephone rang.

  "Mind if I get that," Dolores asked. "I'm expecting a call from my dad's doctor."

  "Sure," Brent said.

  Dolores answered the phone and listened for about ten seconds. "They're here right now... turn yourself in Nick... they said they wouldn't hurt... Nick... Nick." She turned to Jerrod and started to cry. "He hung up."

  "Did he say where he was?" Brent asked.

  "No."

  CHAPTER 76

  Thursday Afternoon

  Lieutenant Mitchell Sullivan looked at Jerrod. "How much is a 'phone trap and trace' going to cost? I do not assume the phone company does it for free."

  "No, sir. It's not free. They charge about $600 dollars to do the process."

  The lieutenant shook his head. "$600 dollars. I do not know about that."

  "Lieutenant," Brent interjected. "The girlfriend is cooperative and if he keeps calling her, the 'trap' will tell us what number he is calling from. The 'trace' tells us where the calling number is physically located."

  "If he calls from the same place twice," Jerrod added. "We'll flood the area and find him."

  "$600 dollars is a lot of money," the lieutenant said as he paused to think. "But go ahead."

  Friday Afternoon

  "Usher's called her from Reno and Las Vegas, sir," Jerrod told Lieutenant Mitchell. "But, never twice from the same place. He's moving, but we don't know where he is now."

  The lieutenant looked to Brent. "Has the UFAP warrant been processed?"

  "The warrant's in the works, sir," SA Romero Diaz interceded.

  "Keep me posted."

  CHAPTER 77

  January 20, 1991 -- Sunday Night

  Nick Usher counted his cash and found he had thirty-six dollars left.

  The bus ticket to Sacramento had cost him thirty-five dollars. The next bus to Reno another twenty-five. The cheap room in downtown Reno was twenty-two and he lost forty more betting on "red" at a roulette table. He used the last of the cocaine in the hotel room.

  He called Dolores from a restaurant pay phone and she told him to surrender to the first cop he saw. He told her he loved her and was sorry for the problems he was causing her.

  The bus to Las Vegas was sixty-five dollars and the next one to Kingman, Arizona was forty more. He bought a heavy jacket at the Wal-Mart in Kingman as he was unprepared for the bitter winter cold at that elevation.

  When he was down to $150 dollars, he considered pawning the .38 revolver. He changed his mind.

  He hitched a ride from Kingman to Albuquerque with a trucker and paid for the driver's dinner. He was down to $100 dollars.

  He hitched another ride into the panhandle of Oklahoma and got dropped off in a small crossroads town.

  It was just before midnight when he walked into the mini-market.

  * * *

  The City of Mulga was located in the middle of the Oklahoma panhandle -- once known as "No Man's Land." The predominately agricultural and pork processing community was populated by 1,200 people.

  Mulga Poilce Department Officer Arnold "Arnie" Sterrett was twenty-four years old and had been with the department for eighteen months.

  Officer Sterrett was the junior member of the six-man police force and was assigned as the sole officer on the late-night shift, or known in those parts as, "the hoot."

  His shift had started at eleven-thirty and he decided to go to the mini-market to get a hot cup of coffee.

  * * *

  Nick Usher paid for his coffee and a microwaved burrito. His funds were down to twenty-nine dollars.

  He stood outside the mini-market and stood to the right of the door between a pay phone and trash can.

  As he sipped his coffee and ate the burrito, he pondered his situation and where he would go from there. He thought about the market's cash drawer -- full with bills the careless clerk had failed to "drop" -- and how he could get his hands on the cash to make more distance from California.

  Nick threw half of the burrito in the trash can and took a long drink of the bitter black coffee before placing it down on the phone booth. He reached into the backpack and took the Ruger revolver into his right hand.

  He slung the backpack over his shoulders and started toward the market front door as the headlights of a black-and-white Mulga Police Department car pulled around a corner and into the otherwise empty parking lot.

  Nick froze as he watched a uniformed officer park his car directly in front of the mini-market door.

  The officer got out of the car and looked over at him.

  "Good evening, sir," the officer said.

  "Good evening, officer."

  The officer stepped onto the walkway in front if the door, turned and looked at the sky. "Looks like it's fixin' to rain tonight."

  "Yes, sir," Nick said. The handgun was hidden behind his right leg. His finger was on the trigger.

  "Do you have a vehicle, sir?" the officer asked as he scanned the empty lot.

  "No car, officer. Just passing through."

  "Where's home for you, friend? I can tell you're not from around here."

  "California, sir."

  "I wouldn't advertise that in these parts. If anyone else asks you -- just say you're from 'west of Texas.' That'll keep you out of trouble."

  "I'll remember that," Nick said with a feigned chuckle.

  "Do you have any identification with you, sir?" the officer asked as he turned to face Nick.

  "I'm afraid I don't have any ID. Sorry."

  The officer looked at Nick and focused on his hidden right hand.

  "Please put your hands out where I can see them," the officer directed.

  A speeding green pickup truck pulled into the parking lot and slammed on the brakes when the driver saw the patrol car.

  Officer Arnie Sterrett glanced at the truck for a split second as Nick pulled the revolver out from behind his leg.

  CHAPTER 78

  The truck's tires skidded on the asphalt at the precise moment Nick dropped the revolver into the trash can.

  Officer Sterrett looked back at Nick. "I told you to put your hands out."

  Nick brought both of his arms up and showed the officer his empty palms.

  "My name is Nick Usher and I'm wanted for murder in California."

  "You just stand still and keep your hands out where I can see 'em," Officer Sterrett yelled as the barrel of his duty pistol lined up with the center of Nick Usher's chest.

  "Nicholas Joseph Usher," Nick said from the caged backseat of the patrol car. "Usher. U-S-H-E-R."

  "Dispatch says there's no warrant in the system for you," Officer Sterrett said.

  "It's out of Mesa County, California," Nick said. "The Sheriff's detectives there are looking for me. Ask for Sergeant Gold."

&nb
sp; The officer radioed his dispatcher again and asked her to call the Mesa Sheriff's Office.

  "You're not making this up are you?" the officer asked.

  "I'm not making anything up. For fuck sake. Just let me go if there's no warrant."

  A single alert tone came over the police radio a few minutes later. "Your subject has a confirmed arrest warrant from Mesa County for murder and auto theft. They're sending the warrant abstract right now."

  "Son-of-a-bitch," Officer Charlie Sterrett said. "I'm sure glad I didn't cut you loose."

  CHAPTER 79

  January 21, 1991 -- Early Monday Morning

  Jerrod Gold's home telephone rang at two-thirty.

  "He's in custody," Brent Rozman said. "Usher's in custody in Oklahoma."

  "Oklahoma. Holy shit."

  "He's being booked right now and they just told me he wants to waive extradition back to California."

  "That's fantastic. Way to go."

  "Pack a bag, pal. We're flying to the Sooner State."

  Monday Morning Meeting

  "Congratulations to everyone involved in this investigation," Lieutenant Mitchell Sullivan said to start the morning meeting. "Nicholas Usher is in custody in Oklahoma and is going to court there this morning. He is expected to waive extradition."

  Brent winked at Jerrod. Jerrod looked across the table at Darrell Regner. Regner wasn't smirking at him that morning. Jerrod scratched an imaginary itch on his temple with the extended middle finger of his right hand.

  Stan Walsh had joined the meeting. "The DA's secretary is putting together the Governor's Warrant right now."

 

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