Only by Death

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Only by Death Page 6

by Herman, Kathy;


  “Kate, you’ll need to sit Abby down and explain what’s going on.”

  “I will, but she won’t be able to keep this from Jay any more than I could keep it from Elliot. As far as I’m concerned, they’re family. I trust them.”

  “All right,” Virgil said. “I don’t recommend telling Riley anything; just make sure she doesn’t overhear you. You all need to commit to keeping silent on this. If it does turn out to be a murder, the last thing we need is for the media to get wind of it. They won’t print Jesse’s name because he’s a minor, but there’s nothing to stop them from hounding the rest of you. As you know, word of mouth travels fast in this town, which means the guilty party could find out.”

  “You really think someone would try to intimidate Jesse?” Kate said.

  “To keep from being arrested for capital murder?” The sheriff’s eyes grew wide. “What do you think?”

  “Should I be scared?” Suddenly Jesse had a bad feeling about this.

  The sheriff shook his head. “No one besides a trusted few in my department—not even the victim’s children—will know that you saw anything. And keep in mind, we aren’t even sure that what you witnessed was a murder. We have some investigating yet to do. For now, just keep the information right here among yourselves, and you’ll be fine.”

  “I’ll make sure Abby knows,” Kate said. “I agree that Riley doesn’t need to know any of this. She’s finally quit having nightmares.”

  The sheriff looked stern, but his voice was calm and gentle. “Jesse, I’ve known you since you were five years old, when your father and Riley disappeared. You know me. You know I tell it like it is. There’s no need to be afraid. Just keep this within your family. We need to do some more investigating before we’ll be able to say whether or not we believe you witnessed a murder. We might come to an entirely different conclusion.”

  “Okay,” Jesse said. “I’m good at keeping secrets.” I think. I’ve never really had one this cool before.

  t

  Jesse lay across his bed, flat on his back, his knees bent. He heard a knock at the open door.

  “Can I come in?” Hawk said.

  “Sure. What’s up?”

  Hawk came in and sat on the side of the bed. “Just checking to see how you’re doing.”

  “Sheriff Granger said not to be scared, so I’m not. Well, maybe a little. But not much. They don’t even know for sure that lady was murdered.”

  “And they might never know. I just don’t want you to worry about it. No one in this family’s going to bring it up to anyone.”

  “Maybe you and Riley should lend me your guardian angel,” Jesse said.

  Hawk smiled. “I’m sure you have one of your own. If you need to talk, come find me, okay?”

  Jesse turned over on his side, his elbow firmly planted on the mattress, his head resting in his hand. “It really creeps me out that the guy might’ve been drowning the woman while I was busy catching fish. I really never thought anything was wrong.”

  “Why would you,” Hawk said, “since the woman didn’t cry out for help?”

  “If I knew what he was doing, I would’ve screamed bloody murder. Maybe he would’ve run away before he drowned her.”

  “First of all, we don’t know yet that a murder took place. If it did, it’s not your fault that you didn’t realize what was happening. But if it turns out to be a murder and the cops arrest someone, what you saw could be really important. You’re probably the only person on the planet who can pinpoint the time of the murder, who was there, and saw how it probably went down. It’s your chance to man up.”

  “Wow.” Jesse sighed. “Seems like a lot of responsibility.”

  “This could just as easily be a slam dunk,” Hawk said. “The guy could plead guilty, and it’d be over before it even got started.”

  “Think that happens very often?”

  “Often enough. If he knows there’s a witness, he might plead out and bypass the courts.”

  “Or he won’t, and I’d have to testify?”

  “Let’s just wait and see. Maybe it was just an accident.”

  Jesse looked up at the ceiling fan. Just when he was finally involved in something important, he couldn’t even tell his best friend.

  Chapter 7

  Jesse hiked up the front sidewalk of Foggy Ridge Middle School. Giant Arkansas oaks, showing just a hint of autumn gold, stood on either side of the ivy-clad stone building that had been there since Grandpa Buck was his age. He pulled open one of the red doors and walked into the spacious foyer, alive with Monday-morning buzz and ample light streaming in from the skylights. He spotted his best friend, Dawson Foster, and waved.

  Dawson said something to the kid he’d been talking to, then hurried across the foyer and met Jesse halfway.

  “Hey, man. What’s up?” Dawson stood six inches taller than Jesse, his smile a bright contrast to his polished dark skin.

  “You’re famous,” Jesse said. “I saw on the school’s website that we beat the Hornets twenty-one to fourteen and you scored the winning touchdown in the last ten seconds.”

  Dawson bumped fists with Jesse. “The Foggy Ridge Falcons remain undefeated.”

  “I wanted to see the game,” Jesse said, “but Hawk had to work Saturday and I couldn’t get a ride over to Hoover Springs.”

  “No sweat,” Dawson said. “The next two are home games. So what’d you do this weekend?”

  Besides witnessing a possible murder? “Well, I found this awesome fishing hole on Saturday. I took Hawk with me yesterday after church and we both got our limit.”

  “Cool.”

  “Mama’s having a fish fry tomorrow night. Want to come?”

  “Aw, you’re killin’ me, man. I’ve got football practice. And I have to study for a major math quiz on Wednesday. If I don’t get a C minus or better, I’ll get benched.”

  “You can’t get benched. The whole school will freak out.”

  The warning bell rang, signaling five minutes until classes started. Students began scrambling in all directions.

  Jesse slapped Dawson on the back. “See you second period.”

  Jesse turned and walked briskly down the opposite hallway toward his homeroom class, pleased that Dawson wasn’t ashamed to be seen with him since becoming a big football star. The two had been best friends since kindergarten, but the really popular kids wanted Dawson to be part of their group. Jesse didn’t fit in with that crowd—not that he wanted to. Some of those kids were stuck up and picked on the students who weren’t so popular. He could never be like that and couldn’t imagine that Dawson could either. His friend was sensitive to other people’s feelings, maybe because he didn’t have a dad either. Or because he had such an awesome mom. Or because all those sermons at church had rubbed off.

  Jesse hated that he couldn’t tell Dawson about being a witness to a murder. That was almost as cool as scoring two touchdowns.

  Jesse glanced at the black-and-white clock on the classroom wall. Where was his English teacher? The bell signaling the start of second period had rung four minutes ago.

  Jesse heard footsteps, and a few seconds later, the principal, Mrs. Arnold, breezed through the doorway with a blonde lady who didn’t look that much older than his sister Abby. The two stood in the front of the classroom, saying nothing until the murmuring stopped.

  “Students,” the principal said, “I have an unfortunate announcement to make. Miss Berne will be out on leave for a week or two. Her mother passed away over the weekend. Drowned. Maybe some of you heard about it on the news.”

  Heard about it? Jesse thought. I was there!

  “Meanwhile,” the principal added, “Miss Northup here will be filling in. Nothing else will change. You’re still going on the field trip to Pea Ridge this morning. The buses have arrived, and you’ll be boarding them shortly. First, let’s observe a
moment of silence for Miss Berne and her family for this terrible tragedy.”

  Jesse glanced over at Dawson and then stared at his desk, his heart nearly pounding out of his chest. The woman who drowned was his English teacher’s mother! How weird was that? If it turned out to be a murder, it was going to be hard coming to class every day and never letting on that he had seen something.

  Jesse felt awful for Miss Berne. He would never forget the crippling sadness that had plagued his family the five years his father was missing, and then after they’d discovered he’d been murdered.

  “All right, class,” Mrs. Arnold said. “I want you to introduce yourselves to Miss Northup and I’ll announce over the intercom when we’re ready to start boarding the buses.”

  t

  Liam lifted his gaze as two uniformed male officers walked into the interview room at the sheriff’s department, where he and Colleen were seated on one side of an oblong table. He recognized the tall, fiftysomething man as Raleigh County’s sheriff, Virgil Granger.

  “Sorry to keep you waiting.” The sheriff introduced himself and Chief Deputy Kevin Mann, and then the two sat across from Liam and Colleen.

  “I’m very sorry about your mother,” the sheriff said. “I understand that you’re insisting an autopsy be done.”

  “Our mother’s drowning couldn’t have been an accident,” Colleen blurted. “She was incapable of getting to the river by herself. And her jewelry is missing—a diamond ring and a platinum cross necklace. Just because she had Alzheimer’s doesn’t mean she didn’t matter …” Colleen paused to compose herself. “I think the mystery surrounding her death justifies an autopsy.”

  Sheriff Granger folded his hands on the table. “Do both of you understand what’s involved in performing an autopsy?”

  “To be perfectly honest,” Liam said, “the thought of subjecting our mother’s body to an autopsy seems premature to me. If she was robbed and murdered, I certainly want justice. But could an autopsy even tell you who did it? I mean, without that, what’s the point of violating her that way?”

  “You never know what the coroner might find.” The sheriff leaned forward on his elbows. “If we determine she was murdered, other evidence could come into play.”

  “Would you elaborate?” Colleen said.

  The sheriff nodded. “I’m sure the coroner’s office explained what happens when a person drowns. Our best guess, based on where your mother’s body was recovered, is that she went into the Sure Foot within two hundred yards of where it branches off into Rocky Creek. I’m getting teams in place to comb the bank for clues, just as soon as it’s light enough.”

  “What kinds of clues would you search for?” Liam asked, not liking the optimism in the sheriff’s voice.

  “Trash, aluminum cans, gum, Kleenex, anything that might have DNA. Also foot impressions, shoe impressions, tire impressions—anything that could help us determine where she entered the water and who was with her.”

  Liam took a sip of Coke, trying to remember how he’d disposed of his gum. “But is that enough to find a killer? Without an eyewitness, wouldn’t all that be speculation?”

  “By itself, yes. But put it all together, and it might tell a story. And if we found fingerprints that matched someone in the criminal system, it could be a huge break.” The sheriff moved his gaze from Liam to Colleen. “I spent considerable time reviewing the case, and I tend to agree there’s cause for suspicion.”

  “So you’ll order an autopsy?” Colleen said.

  The sheriff seemed lost in thought for a moment. “Miss Berne, the cause of death is not what’s in question here. It’s whether or not her drowning was an accident. It’s unlikely an autopsy would tell us that. But a blood panel would tell us what drugs were in her system, and I definitely think that’s in order. I’d like the coroner to reexamine your mother, with the idea that she may have been forced into or held under the water.”

  “But he already did that,” Colleen insisted.

  “True. But now that we know more about the victim, I want him to look with new eyes. Why don’t we let him make the recommendation whether or not to proceed with a full autopsy? Does that sound reasonable to you?”

  Colleen looked at Liam. “I’m okay with that. Are you?”

  Liam nodded, confident there was no way they could link his mother’s death to him. “I want to do the right thing. But if we can avoid subjecting Mom to an autopsy …” Liam put his fist to his mouth and pretended to choke back his emotion. “I just don’t want to do it unless we absolutely have to.”

  Colleen reached over and took his hand. “Neither do I. I’m willing to go by the coroner’s recommendation, especially since the sheriff’s deputies are going to search the banks for something that could show where she entered the water. I just didn’t want Mom’s death to be handled like an open-and-shut case. If someone killed her, I want him found and locked up.”

  Liam nodded, avoiding eye contact with the sheriff.

  “Okay. I’ll talk to the coroner,” Sheriff Granger said. “While I’ve got you both here, would you mind going over the events leading up to your mother’s disappearance? It’s in the report my deputies made, but I’d prefer to hear it from you.”

  “I noticed Mom missing about one thirty Saturday afternoon,” Colleen said. “I was home alone with her and she was taking a nap. It’s not unusual for her to sleep for long periods. I was out in the utility room, doing laundry and ironing. But I have a keen sense of hearing. I’m just shocked that I didn’t hear her slip out the front door.”

  “I keep telling Colleen it’s not her fault,” Liam said. “Mom had gotten out several times before, and we never heard her any of those times.”

  “Mr. Berne, where did you go after you left the house on Saturday?” the sheriff asked.

  “I left around ten to run errands. I went by Foggy Ridge Bank and got cash at the ATM. I washed and gassed the car. I stopped by Walmart to get supplies for deer hunting. Let’s see … I went by the shoe repair shop and picked up Colleen’s heels. I ate lunch at Sammie’s Subs and read a bass-fishing magazine. Went to Salisbury’s Supermarket and got groceries. Then I came home.”

  “Do you remember what time you arrived home?”

  “About three thirty, I think.” Liam looked over at Colleen.

  She nodded. “Yes, three thirty. I was frantic. I hoped Liam had taken Mom with him. I thought that maybe I had misunderstood what he told me just before he left to run errands. I couldn’t reach him. I tried for almost two hours.”

  “My cell phone was dead as a doornail,” Liam said. “I had forgotten to recharge it.”

  The sheriff’s gaze was intense, and Liam tried not to squirm or react in any way.

  Chief Deputy Mann cleared his throat. “Sounds like your mother was becoming quite a handful to care for at home.”

  Colleen sighed. “She really wasn’t that much trouble, except for her wandering. We couldn’t keep her safe anymore and were waiting for a bed to open up at the Alzheimer’s center. We hired a woman from my church, Doris Olsen, to come sit with Mom during the day when we were working. But Liam and I shared the responsibility of caring for Mom after work and on the weekends. We were so close to getting her into a protective environment. This is just tragic.”

  “Devastating,” Liam added.

  “I understand how hard this must be for you,” Mann said. “I just have a few questions. Mr. Berne, did you keep the receipts for all the purchases you made on Saturday?”

  “I’m sure I did. I always save receipts.”

  “Good. We’ll need to get copies of those receipts to keep on file,” Mann said. “And we’ll want to talk with Doris Olsen. She might be able to provide important details none of us thought to ask. By the way, did your mother have a will?”

  Colleen nodded. “All her assets are in a living trust.”

  “I imagine
the two of you will inherit everything?” Mann raised an eyebrow.

  “Yes,” Colleen said. “Mom named Liam and me as equal beneficiaries. She wasn’t a wealthy woman, but her assets are worth about three hundred and fifty thousand dollars. Is that relevant?”

  “Just information for the file. Would anyone else have access to her money? Or stand to inherit anything?”

  “No,” Colleen said emphatically. “I’m the oldest, and she gave me sole power of attorney over her bank account and all medical decisions, including her DNR.”

  Mann tented his fingers. “And have you had occasion to use your power of attorney?”

  “I used it quite often when it came to her medical care. Mom also gave me power of attorney over a ten-thousand-dollar bank account to be used for her incidentals: shoes, clothing, co-pays on drugs and doctors, and other miscellaneous items. I’ve dipped into that account as needed. But I’ve always made sure Liam and Mom’s estate lawyer knew about every cent I used and the balance in the account.”

  “My sister’s done an incredible job,” Liam said. “Always with Mom’s best interest in mind. Why are you asking these questions?”

  Mann leaned forward on his elbows. “Standard protocol. We need to eliminate any suspicion that the family was involved.”

  Colleen put her hand on her heart and sat back in her chair, her face flushed. “I assure you Liam and I loved our mother with every fiber of our being. There’s no way either of us could ever hurt her. I’m appalled that you could even suggest such a thing.”

  “Please don’t take offense to my questions,” Mann said. “We have to cover all bases. So, Miss Berne, you were alone when you discovered your mother missing, ’round one thirty Saturday afternoon?”

  “That’s correct.”

  “Can anyone else confirm that?”

  Colleen eyes filled with tears. “I guess not, other than I left several messages on Liam’s phone. You can check the phone records.”

  “And what time did you call the sheriff’s department?”

 

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