That lead took Detective McGuire and Ranger Palmer to Michael Newberry, who showed them the cancelled check he’d used to pay Wendi for the race car. He told them that the transmission in the vehicle actually belonged to Scottie Cook, and when he’d picked it up from Wendi, Newberry had had it towed it to Cook for repairs.
While in Abilene, the investigators interviewed additional racing friends of Mike, who talked about Mike meeting Wendi at a night club and taking her home that night. Those who’d seen Mike with Shane, a couple of days before he died, said that Mike hadn’t mentioned having a fight with Wendi, or any troubles in his marriage.
In early December 2005, Marshall received the document he did not want to ever see. It read:
This notice is to inform you that your employment with TPWD is terminated, effective the date this notice is presented to you.
Attached was a report detailing the conclusions of the Internal Affairs section that
he had provided untruthful or misleading information, had withheld information and had failed to fully cooperate with other agencies in connection with an ongoing homicide investigation in San Angelo, Texas.
Internal Affairs found the statements of the accusing law enforcement officers credible because they found proof of Marshall’s dishonesty in audiotapes of his telephone conversations with his sister while she was in jail. Their conclusion:
Mr. Davidson’s untruthful statements and represen tations indicate that he lacks the credibility and integrity to continue to function as a peace officer and a Game Warden for the Texas Parks and Wildlife Department.
They cited TPWD policies about standards of performance and ethical behavior that included the expected cooperation with other officers and agencies.
Police officers will cooperate with all legally authorized agencies and their representatives in the pursuit of justice. An officer or agency may be one among many organizations that may provide law enforcement services to a jurisdiction. It is imperative that a police officer assist colleagues fully and completely with respect and consideration at all times.
Unfortunately for Marshall, there were no loopholes—no exception to the rule if your sister was the perpetrator. By putting the desires of his family before the requirements of his duty as an officer of the law, Marshall had shredded the dream he’d carried for a lifetime.
Shane arrived in Maine to celebrate Christmas. He sniffled from a cold that he shared with everyone in his father’s family. Although noses were running, spirits were high.
It was the first Christmas for Les Severance without his son. Shane could not replace Michael, but he did bring many moments of joy tinged with bittersweet regret. In four days, he returned to Lloyd and Judy Davidson.
The investigation into Michael’s death continued in Texas as law enforcement followed every lead, no matter how unlikely. A finger of suspicion pointed in the direction of Wendi’s cousin, Randy Walker.
Randy told Ranger Palmer that he’d learned of Mike’s disappearance from Wendi, who’d told him her husband “had run off and gone AWOL.” On the night that Wendi was arrested for tampering with evidence, Marshall had stopped by and let Randy know about the discovery of Mike’s body. But no one, he said, had discussed any details of the murder or the disposal of the body.
Palmer then asked Randy about a suspicious conversation he’d had with Wendi while she was in jail. Randy did remember her asking if he was scared, but he’d thought she was asking if he was scared for her. He denied having anything to do with the crime.
Finally, Palmer ran down the elusive black transvestite, Tu Tu. His real name was Donyell Laron White and he was in the Allen Correctional Center in Kinder, Louisiana, on a parole violation. Twenty-eight-year-old Donyell had a criminal record of forgery, theft and escape from custody, but there were no violent offenses on his record.
Although he’d been living in Louisiana since 2000, he acknowledged that he did visit San Angelo and when he did, he frequented Graham Central Station. He said he had not had a confrontation with Michael—in fact, he didn’t recognize his photo at all. The only incident at that nightclub, he said, was when a female employee named Teresa threw him out for using the ladies’ restroom. Teresa corroborated his statement.
Palmer scratched Tu Tu off of his list. No matter where he looked, every avenue led back to Wendi Davidson.
FORTY-EIGHT
In January 2006, Judy and Lloyd Davidson kicked off a campaign to get their son’s job back. Judy wrote a letter to Robert Cook, Executive Director of the Texas Parks and Wildlife Department. In the heading there was a line reading: “Reason for Termination: Unknown.”
She wrote of her son’s dreams:
Marshall has wanted to be a Texas Game Warden since he was a small boy. He has worked extremely hard to reach his goal.
She highlighted his excellent grades in school and his commendable performance on the job. She defended his actions after Wendi’s arrest:
Marshall turned his own sister into the police. This is probably the hardest thing that he had to face in his life. He told Texas Ranger Shawn Palmer and San Angelo Detective Dennis McGuire that he would not investigate his sister that was their job. He has fully cooperated with them in every aspect of their investigation. It is my belief that Ranger Palmer got his feathers ruffled and he turned Marshall into Internal Affairs out of vengeance.
. . . It is my belief that Marshall has suffered a terrible injustice, and Internal Affairs did not do a complete investigation. I feel they trusted and believed a corrupt Texas Ranger over one of their own. I must ask the question “WHY?”
. . . If you choose to uphold Marshall’s termination, it is my belief that you will truly lose the best game warden Texas could possibly have. His integrity and honesty are above reproach.
. . . Ranger Palmer and Detective McGuire should be investigated for Abuse of Power and also lying under oath. My heart and soul are heavy with grief and sorrow for Marshall as he has become a victim of a savage, relentless, and unfounded attack. It is my belief that no one has given him the benefit of doubt, nor examined the evidence.
Should his own department not stand behind him and do further investigating on these issues? I beg you to give this your full consideration and reinstate Marshall to the position of Texas Game Warden. I promise you will not be disappointed.
As always, in Judy’s mind, her children were right and the rest of the world wrong. She saw both of her children as victims of the cruelty of others, and grieved for their suffering. But, she never once shed a tear for the terrible loss of life suffered by the 24-year-old airman who was the father of her grandson.
Lloyd’s letter was much the same, but he opened with an attack before launching into the positive attributes of his son:
I have been reluctant to reflect my thoughts, thinking with patience, I would see justice and good prevail.
Several months ago, I was warned that the investigators may use several tools. One, break people financially, thus making it difficult to fight back. Secondly, destroy the entire family, hoping this would generate a confession. Third, lie and fabricate evidence, anything goes. It appears the predictions have all materialized to some degree, mostly without success.
It seems vengeance is a trademark of Shawn Palmer. Dennis McGuire and Ron Sanders are merely puppets. They are no longer investigators seeking the truth. I believe the trio have lied, given false statements, fabricated evidence and manipulated those of authority.
He wrote about the strength of Marshall’s character—“as solid as an oak”—and the letters of recommendation included in his son’s fight to keep his job.
Marshall has steadfastly worked along the border, where it has become a war zone, approaching that of Iraq. Marshall has given his all; he has put his life on the line every day. Now, Marshall is being repaid with betrayal and hung-out to dry, by those who should be watching his back.
He called the termination a “travesty of justice” and reminded Cook of the promise made to Marsha
ll when he graduated from the academy as a Game Warden:
One of the speakers said to all of the graduates “you have the entire department backing you, you have the entire State of Texas backing you.” Now is the time to fulfill this promise.
Lloyd had to have known about Marshall’s deception of law enforcement. After all, he had been an integral part of some of it. He did not acknowledge Wendi’s role in her brother’s downfall. Family was first. Always. He would attack anyone who threatened that unit—most particularly the investigators laboring to bring his daughter to justice.
At the end of the month, Executive Director Robert Cook sent his response—separate yet identical letters to Judy and Lloyd Davidson, written in the stuffy style of a bureaucratic brush-off:
I received your correspondence dated January 10, 2006, regarding your son and former Texas Game Warden Marshall Davidson. Mr. Davidson’s complaint concerning his termination is currently pending. I am forwarding your letter to Human Resources to be included with that complaint. Your allegations regarding law enforcement personnel from other agencies will be provided to those agencies for review.
Throughout the month of January and into February, Palmer continued to run down leads, interviewing anyone who was connected to the case in any way. On February 27, he met Wendi and attorney Jenny Campassi at the Shannon Medical Center in San Angelo.
Wendi agreed to provide a sample of her blood, signing the consent form that made it official. Palmer took two purple-top tubes of her blood into custody as evidence in her murder trial. Her case was on the docket in three weeks—slated to begin on Monday, March 20, 2006.
But jury selection didn’t begin that day because of a defense motion. Attorney Tom Davidson had withdrawn from the case in December. Wendi’s new defense lawyers, Fred C. Brigman III, Christi Manning and Melvin Gray, explained their need for additional time to prepare their case. District Judge Tom Gossett granted their request.
The trial was postponed until April 17, much to the distress of the Severance family, whose pursuit of justice for Michael had now passed the fourteen-month mark. Palmer took advantage of the extension to continue seeking evidence to strengthen the state’s case.
On March 31, Lloyd and Judy jointly signed a letter to Robert Cook at Texas Parks and Wildlife. After thanking him for his response to the previous letters, they attacked “the propaganda that Ranger Shawn Palmer has perpetrated about Warden Marshall Davidson.” They provided a bullet-point list of six one-sided arguments in support of their son and five in condemnation of Palmer and the other investigators.
The letter ended:
I can easily point out a minimum of twenty-four lies told by the investigators. All facts and evidence lead to the same conclusion, Ranger Palmer created false accusations against Warden Davidson to satisfy his personal need for revenge. Again, I emphasize common sense in this matter. As Marshall has performed in exemplary fashion, it is time to return Marshall back to work as Texas Game Warden Marshall Davidson. As my wife and I were witnesses to many of the events, we look forward to a discussion with you. And again thank you for your time and consideration.
The Texas Parks and Wildlife Department did not budge. It was clear to the agency that there was dishonesty and revenge at work in this case—but all of it came from the David sons’ camp.
State District Judge Tom Gossett granted a defense motion to postpone the trial until the week of May 15 to allow Wendi Davidson’s new legal team time to get an analysis from their own expert on the DNA evidence in the case. The prosecutor was not pleased.
The biggest hardship caused by the delay fell on the family and friends of deceased victim Michael Severance. Many had to change travel and vacation plans to come to San Angelo from far-flung Maine or nearby Abilene to testify or observe the trial. But worst of all, the fate of the youn gest victim, 17-month-old Shane Severance, remained on hold pending the outcome of the criminal trial against his mother.
FORTY-NINE
On May 2, Judge Barbara Walther allowed the defense more time to do additional testing. The trial was moved to August 21. But when that day neared, some of the results were still incomplete. The defense attorneys requested and received yet another postponement until October 16.
Les Severance staggered under the emotional impact of yet another delay. Like most family members of homicide victims, he never expected to get complete closure after losing his son. However, the completion of a trial was an ordeal that hung over his head like the fist of doom. Getting past that necessary obstacle would at least draw a portion of his suffering to a close. The news was heart-wrenching and frustrating.
At 12:10 A.M. on Sunday, August 20, Buffalo Wild Wings customers spotted something strange and alarming in the parking lot. They informed restaurant manager Glacia Bear. She went outside and saw a little boy on a yellow, mini–Suzuki QuadSport four-wheeler circling around cars in the parking lot, crying for his mommy. She brought him inside, where the toddler said he didn’t know where his mommy was. She called the police.
The San Angelo Police Department responded, and someone suggested the child might be 4-year-old Tristan Davidson, who lived across the street. Officer Barry Ratcliffe drove over to the veterinary clinic and got a phone number off the sign on the front door. He called and left a message for Tristan’s mother with her answering service. Wendi rushed into the restaurant, telling responding officers that she’d left the child sleeping at home while she ran into Wal-Mart Supercenter for fifteen minutes.
On the other side of Sherwood Way, Ratcliffe inspected the clinic and discovered that one of the three doors to the outside was unlocked. It was apparent to him that that was how little Tristan had left the building, and then crossed five lanes of traffic on a busy, highly commercialized thoroughfare late on a Saturday night.
When Wendi arrived, Ratcliffe told her to drop the Wal-Mart story, because police officers in the parking lot had spotted her leaving Graham Central Station. She folded right away, admitted the truth and said, “I made a bad choice. It will never happen again.”
Wendi was handcuffed and taken into custody, where she was charged with child endangerment. The arrest affidavit read:
any reasonable person would believe that due to the Defendant’s actions, the child was at great risk of imminent danger of death, bodily injury, or physical impairment.
Lloyd Davidson drove into town and picked up Tristan, bringing him back to his home.
Wendi called her mother from the jail. “Hey, Mama.”
“Yes, ma’am,” Judy said in a cold tone of voice that made her displeasure clear.
“I know I really screwed up, okay? Don’t give me a lecture ’cause I don’t need one. Okay? Are Dad and Tristan there now?”
“They just drove up.”
“Okay. Well, this is what I think is going to happen. I think as soon as—somewhere between eight and noon—I think a judge is going to show up. I should get a bond and it should be reasonable and I’m going to call David Jenkins and I’ll be able to bond myself out. Theoretically, if the bond is reasonable. And so he can come pick me up, he can take me to the clinic, he can do all that. Now, apparently, they’re trying to charge me with child endangerment, which is a state jail felony. It’s not near as bad as all the rest of that stuff. But another thing that happened is, I know it is a really bad lapse in judgment—a one-hour lapse in judgment. And please, whatever happens, please don’t y’all come and take Tristan from me. Will ya please not do that?”
“Wendi, have we ever done that?” Judy answered in an even sharper tone.
“Well, CPS is going to do an investigation and there’s nothing real binding or anything. They told me that when this is all cleared up, which it should be by morning, and they told me it’s going to take a few days to do their investigation. And that in the meantime, all I have to do is be supervised. But I can’t be supervised out at y’all’s house because of Shane. Will one of y’all come to the clinic and stay for two or three days? So Tristan won’t b
e away from me? I just can’t do this all by myself. That’s why I wanted Tristan with me, ’cause I just can’t do it all by myself.”
Acid etched the next words out of Judy’s mouth. “Then you turn around and leave him by himself.”
“Please, Mama . . . Obviously. I should pay for this, I should. This is one thing I should be punished for. Okay? So whatever happens to me, happens to me. You don’t understand how stupid I was. I’m glad I’m here and I’m glad he’s not dead on the road, okay? . . . I’m so glad that I came here and that he didn’t get killed and he didn’t get kidnapped, okay? I really, really am stupid and sorry. It’s just that I’m so lonely,” Wendi sniffled through her tears. “I just needed to be around humans for just a little while. And I tried to call several people and everybody had plans, and I’m just so scared you’re going to keep Tristan with y’all. I’m just so afraid y’all are going to try to take him away.”
“Oh Wendi, puh-lease.”
“What? Why?”
“If we were going to do that, we would have done it long ago,” Judy said.
“It’s so easy for y’all to do ’cause you already got Shane,” she sobbed.
“Wendi, we didn’t take Shane. How many times do we have to tell you?”
“I didn’t . . .”
“We didn’t take Shane,” Judy repeated.
“You have Shane. All you have to do is say you want Tristan and you will have him. I’m just scared. I just can’t do this all by myself.”
“Well, we have tried to tell you that from day one. Besides, you know, your call is being taped.”
“I know that.”
“You know that, right?”
A Poisoned Passion Page 21
