I stiffened and so did Kate.
“The thought of spending the rest of my life in a cage waiting for the day the court appeals ran out, knowing you’d have to come for me for that last short walk, and then to go through the humiliation of having all those witnesses watch me die, hiding behind one-way glass—that’s not for me. I served my sentence each day I walked inside that prison. I wanted you to know how sorry I am for all this. I know I’ve let you down personally, and the department.”
Glancing over at me, he said, “Sorry about your family, Sam. I heard about that on the news too. We didn’t order that. Stimson went after you on her own. I knew she carried a grudge, but I had no idea she’d go this far.”
The room fell silent for a moment and I wondered what would happen next. For an instant, nobody moved. Then Fuller reached into his lap and brought a .357 magnum into view and shoved the four-inch barrel into his mouth. I heard Sloan scream, “No,” and start to rise from his chair as the firearm discharged. The force of the blast blew away most of the back of Fuller’s head, scattering brain, bone, and tissue on the headrest of the chair and the wall behind him. His open eyes stared vacantly at the ceiling, but saw nothing.
Epilogue
Three months later
As the enormity of the prison scandal washed over the Department of Corrections, and as public pressure mounted, Governor Nelson Strand ordered the Utah Attorney General’s Office to convene a state grand jury to investigate. Not to be outdone, the Utah State Legislature mounted an investigation of its own. The emerging picture wasn’t pretty.
The grand jury didn’t limit its focus to the activities of the Commission as Sloan had hoped. The ongoing investigation broadened into a critical examination of the management and operations of the entire department. While the grand jury’s final report wouldn’t be released for several more weeks, there had been enough leaks to the press to set off a volume of public criticism.
Everybody wanted a sound bite, and nearly everyone had gotten one. Community activists and key state legislators were busy, almost daily, conducting print and television interviews decrying department management and calling for the usual sacrificial lambs. Politicians couldn’t buy this kind of media exposure, and they were reveling in it.
I found Sloan alone in his office, quietly packing his personal property into cardboard boxes. The governor had found his first sacrificial lamb. Others would soon follow. Sloan’s farewell party had been a low-key affair with colleagues and old friends dropping by to wish him well and say good-bye—a sad ending to what had otherwise been a brilliant public career.
We spoke briefly about his favorite hobby, fly-fishing; about long-neglected travel plans; and about spending more time with his six grandchildren, before I got around to what I’d really come to see him about.
“I know why you’re here, Kincaid, and I’m telling you, it’s not necessary,” he said.
“Perhaps, but I can’t help but feel I’ve let you down. If I had done a better job, maybe we could have nipped this thing before it ever got started. And maybe Levi Vogue would still be alive.”
“I doubt that. This kind of scandal happens every once in a while, regardless of how well people do their jobs. Temptation is a regular part of the job. Difficult working conditions and lousy pay only add to the problem. It happens in police departments and sometimes in our prisons. Let’s face it, in the criminal justice system, agencies are always going to have a few rotten apples in the barrel. It’s the nature of the beast.
“In some ways, I feel a sense of relief—like a heavy burden has suddenly been lifted off my shoulders. It’s not exactly how I envisioned going out, mind you, but it’s nothing I can control either. I suspect that the director of institutional operations will probably be next, and you can plan on some personnel changes at the warden level as well. It might even reach down and bite you on the ass, but I kind of doubt it. In some ways, Sam, you’re a royal pain in the ass. But you’ve done a first-rate job for me, and I’ll do whatever I can to protect you.”
I helped him carry the loaded boxes to his Volvo station wagon, where we said our good-byes. Like most people caught in an awkward moment, we promised to stay in touch, knowing that was unlikely to happen.
***
As for the two surviving members of the Commission, each stood accused of three counts of conspiracy to commit first degree murder. In addition, Schumway had been charged with two additional counts of first degree murder in the deaths of Charles Watts and Milo Sorensen. Each charge carried a potential death sentence, and prosecutors have given every indication that they intend to seek the ultimate penalty. Schumway has steadfastly maintained his innocence. He pled the Fifth Amendment and refused to answer any questions when subpoenaed before a state grand jury.
The same could not be said of former Utah Board of Pardons member William Allred. His team of lawyers had been negotiating with prosecutors almost from the day he was arrested. Allred’s grand jury testimony against Schumway, coupled with his willingness to testify against him in a future trial, would probably net him a generous plea bargain. The scuttlebutt was that Allred would be allowed to plead guilty to something that would give him a life sentence, and then be transferred out-of-state to a prison where he would serve his sentence.
Apparently, the prosecution strategy was to use Allred to secure capital murder convictions against Schumway, and then forget about the myriad of other possible state and federal charges. Local print and television stations, often quoting unnamed sources close to the grand jury investigation, frequently mentioned the possibility of money-laundering charges, income tax evasion, extortion, introduction of contraband into a prison, and even federal civil rights violations. It would all play out in the coming months.
Levi Vogue’s family has done everything possible to maintain their privacy. The few carefully orchestrated public statements made about the case came directly from the family patriarch, Richard Vogue. It hadn’t taken the press long to uncover Levi’s sexual indiscretions with Sue Ann Winkler at the Starlite Motel. To their credit, they haven’t devoted much time to that aspect of the story. In fact, the media seem to have gone out of its way to paint a picture of Levi Vogue as an honest public servant who lost his life because he refused to succumb to the corrupt overtures of the Commission. The Vogue family appears to have found solace in that portrayal of Levi.
As for James Allen, I apologized for lying to him in what turned out to be a successful strategy to delay his entry into the investigation. While he accepted my apology, I think it highly unlikely that he and I will become drinking buddies anytime soon.
***
For Kate and me, it’s a little difficult to tell what, if anything, the future might hold. In the weeks after the case, we decided not to see each other for a while. It’s been three months, and I miss her. I miss her smile, her sense of humor, her integrity, her intelligence, and, yes, her good looks.
Surprisingly, our self-imposed separation hasn’t kept Kate and Sara apart. Three weeks ago, Sara invited Kate to her third-grade class as a part of show-and-tell day. Sara was the hit of the class. It isn’t often that a third grader gets the chance to show off a crack homicide detective, and a female one at that. Okay, so I did encourage Sara to invite her. So what! A week later, Sara received an invitation from Kate to have lunch with her in Salt Lake City and tour the Salt Lake City Police Department. From everything I’ve heard, they both had a good time.
Kate and I would just as soon pass on another experience we’ll share. Last week, I received a call from the Utah Attorney General’s Office informing me that Kate and I were about to be named as defendants in a civil lawsuit filed by an attorney representing John Merchant. The lawsuit will allege police brutality in the form of excessive force, resulting in the plaintiff being shot. Never mind that Merchant was armed and evading arrest when it all went down. Go figure! Merchant currently sits in a cell in the Salt Lake County Jail awaiting trial on a variety of new felony charges, as
well as an all-but-certain date with a district court judge for a probation revocation hearing.
***
On a beautiful Sunday morning in July, I find myself in the company of people who mean a great deal to me. I’m enjoying Sunday brunch among the aspen trees on the deck outside the Stein Erickson Lodge in Park City. With me are Aunt June, Sara, Kate, and a Southern gentleman by the name of Baxter Shaw. This is the first face-to-face encounter between Aunt June and Baxter. I’m not sure whether Aunt June appreciates all the company, but she’s taken it in stride. As for Baxter Shaw, I can assure you, he does appreciate the chaperon. I think Aunt June scares him half to death. As for the two of them, only time will tell. And, for me, the day couldn’t get any better than this.
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Sam Kincaid 01 - The Commission Page 22
