END OF TELEPHONE CONVERSATION.
OFFENSE: HOMICIDEDATE OF OFFENSE: 10-23-97DATE CONTACTED:08-29-98CONTACTED BY: PHONE ( x)NAME OF PERSON CONTACTED: Byron Case
PERSON ( )
On 08-29-98, at approximately 1110 hrs., I was contacted by Byron Case. Mr. Case contacted me in response to messages I had left for him to do so.
During the course of this conversation I requested Mr. Case respond to the Sheriff's Office for an interview. Mr. Case questioned the need for this interview telling me he has told me everything he knows about this homicide.
The conversation ended with Mr. Case saying he would consult with his attorney and get back with me.
The tape-recorded telephone conversation with Mr. Case, was transcribed and is attached to this report.
End of report.
CASE NO: 9711829
TELEPHONE CONVERSATION WITH: Byron Case
The following is a telephone conversation between Sgt. Gary M. Kilgore and Byron C. Case. The conversation took place on 08-29-98 at approximately 1110 hrs.KILGORE: This is Sgt. Kilgore.
CASE: Yeah, Sgt. Kilgore. Uh, this is Byron Case. I was returning your call.
KILGORE: Uh, thank you.CASE: Yeah, it's no problem. Sorry it took me so long to get back with you.
KILGORE: Hey, I'm about the same way. If I can return my calls within 72 hours I feel lucky. Hey, what's the chance of you coming out so we can sit down and talk again?
CASE: Uhm, can I ask what for exactly?
KILGORE: Just to go over what we've already gone over, to see if there's been any new developments in your life because ofthis, to see if may be you can come up with any additional information I might be able to spring off of, just...
CASE: Uh, well, I mean, nothing's, I mean there's nothing that's changed. I mean. . .
KILGORE: I'd still like to just, in person, re-interview.
CASE: Well, I mean, my original statements, uh, I mean you still have that, right?
KILGORE: Oh, absolutely.
CASE: Well, I mean, nothing's changed from that. I mean. . .
KILGORE: Well, is, would there be a problem in you doing this for me?
CASE: Well, I am really busy.
KILGORE: I understand that.
CASE: My, uh, I mean, my dad passed away in December and I'm trying to keep on top of the estate and all of that. Uh, you know, there's just a lot of.
KILGORE: I'd be more than willing to work around your schedule.
CASE: Uhm, hmmm. though .. .
KILGORE: Well, I mean, I can't really offer anything. I still would like for you and I to sit down and talk. I'm not playing any games with you, it's nothing like what that one detective did with Brahm. I'm playing none. I have no intentions of arresting you or anything.
CASE: Well, it's just that, uh, hold on for just a second.
CASE: Okay, sorry about that.
KILGORE: That's quite all right.
CASE: Anyway, uh, no I really, uh, you know, I can't, can't think of anything else that I would be able to add.
KILGORE: Well, just let me, you know, I think I could better judge that as to what I need. Okay, or what I might be looking for. What you might say, or something like this. But I would really like to sit down and talk to you. There's no tricks, I just.
CASE: Well, it's just that this was ten months ago.
KILGORE: I'm very well aware of the day.
CASE: And, you know, uh, it's, I just don't want to be a, I mean, you know. . .
KILGORE: I'll work around your schedule.
CASE: Well, I mean, I'm not, I wouldn't, there's nothing I can offer. I mean. Well,
KILGORE: Everything, everything that I said before, you know, that's all that I know.
< [Long pause]
CASE: I can't, uh, you know, I mean, if I could contribute anything else, I would call you.
KILGORE: You would contribute a great deal if you say, "Yes, Sgt. Kilgore, let's get together and we can talk."
CASE: Well, I don't feel that would be the, I mean, I don't see how that would be of any value whatsoever. I mean, I can't offer any more information.
KILGORE: You don't even know my questions.
CASE: Well, then, I mean, I'm on the phone now.
KILGORE: Right, and I'm sure you can appreciate my situation here. The nature of the investigation, that this is not really something you would want to get pretty in-depth over the phone.
CASE: I mean, I personally don't have a problem with it.
KILGORE: With interviewing?
CASE: Uh, over the phone?
KILGORE: Well, when I talk to people, about something of this magnitude, you know, this important, you know, face-to-face is always much better. Is there a transportation problem?
CASE: Uh, well, first off, I frankly don't want to have to drive all the way out there. Uh, and like I said, there's nothing else that I can tell you.
KILGORE: Well, maybe there is. But we need to sit down and talk about it. Like I said, there's no tricks, I'm not gonna arrest you or anything like that. Is that a concern of yours?
CASE: Uh, no, but, like I said, I just.
KILGORE: I'd really appreciate your coming in to talk to me again.
CASE: Well, I'm . . .
KILGORE: Whatever time or day is good for you.
CASE: Well, I, I really wouldn't, I mean, basically, I just, you know, I don't see how this is of any use, and you have the tape, and everything I said to you before, I mean
I gave you more than, you know, enough details about the evening I would think that, you know, there would be, you know, enough to go on from that. I mean, the fact that this hasn't been solved is, I mean, you know, it's through no fault of mine, I mean I told you everything that I could.
KILGORE: Oh, I never said it was your fault. Did you say you were working?
CASE: I'm sorry?
KILGORE: Are you working?
CASE: Uh, intermittently, yes.
KILGORE: Okay. Uh, I still would like an in-person, face-to-face interview with you. I have some questions and, like I said, this is no trickery.
CASE: Well, I mean, I'd rather not do that, frankly.
KILGORE: Uh, and may I ask why?
CASE: Uhm, like I said, I mean, there's, there's people, there's, it would be uh.
KILGORE: Have you had any contact with uh, (talking over Case's comments) have you had any contact with anybody?
CASE: No, I sure haven't.
CASE: Uh, regarding what exactly?
CASE: Oh, uh, no.
CASE: What exactly.
KILGORE: Well, see, there's, there's some things, like I said, uh, over the telephone I, you know, is really not a good way to conduct this type of business. Is gas money a problem?
CASE: No. That's not the issue. It's just, you know, I mean I have more important things to do with my time than, you know, run around in circles.
KILGORE: No, no circles, I guarantee that, Mr. Case. This is not a circle or anything like that. I can guarantee you that after we talk, you will be leaving. I'm not trying to drag you in here just to make an arrest. If I was going to do that, I would have done it a long time ago, I think you know that. But there are some questions that have came up and I need you to clarify a few things.
CASE: Well, uh, I, like I said. I mean, I can't clarify anything. All I know is what I told you, you know, when I gave my statement.
KILGORE: You have no idea what I need you to clarify, so how can you make that statement?
CASE: Uh, because, I mean, I told you everything. And there's nothing that could possibly be asked that wouldn't be answered by whatever I said when I made my statement.
KILGORE: Are you afraid to talk to me?
CASE: No, I mean, it's just that I see absolutely no purpose. I mean, I gave you all the information that I have.
KILGORE: How about if I come to you?
CASE: I, well, I mean, I'm hardly ever here anyway. Well, like I said, I've got no problem living in Kansas now.
KILGORE: Where are you?
CASE: I'm sorry?
KILGORE: Are you living in Kansas now?
KILGORE: I have no problem if you'd like to meet me somewhere in Kansas.
CASE: Well, it's not really the issue of like where I'll be meeting you.
KILGORE: Well, if it's not transportation, if it's not location, if it's not financial, then, other than just not wanting to cooperate with me?
CASE: I'm sorry?
KILGORE: Just not wanting to cooperate with me?
CASE: No, it's not that at all, as I can. I mean, I've cooperated as much --
KILGORE: Well, and have I, have I harassed you, or hounded you or anything?
KILGORE: I didn't think so, And so I'm now requesting that you come in, talk to me again and clarify a few things that came up during the course of this investigation, and I'm just merely asking for your cooperation.
CASE: Uh, well, I'll have to get back with you then.KILGORE: Do you need to consult a lawyer?
CASE: I'm sorry?
KILGORE: Do you need to consult your attorney?
CASE: Uh, well, I don't, I mean, I may end up doing that. mean, with --
KILGORE: If you would like to meet with me with your attorney, I have no problem with that. If you feel the need to have one.
CASE: Well, uh, I will have to get back with you though.
KILGORE: Okay, and when can I expect you to get back with me?
CASE: Uh, probably sometime this afternoon.
KILGORE: Okay, now I may not be in the office.
CASE: Okay, well, I can leave a message.
KILGORE: Okay. Do you have a new telephone number that I could call you direct?
CASE: Uh . . .
KILGORE: I assume the number that I have been calling is your mother's?
CASE: Yeah. I don't have it on me. Uh, you could probably call directory assistance.
KILGORE: You have a phone under your name?
KILGORE: And, how about your new address?
CASE: I'm sorry?
KILGORE: Could I have your new address?
CASE: Uh, yeah, it's ---- ---- ---- ------.KILGORE: And what city is that?
CASE: Uh, Kansas City, Kansas.
KILGORE: Okay. Well, if you would, Mr. Case, give me a call this afternoon, leave a number and I'll get right back with you.
KILGORE: Thank you.
End of report.