Murder of Holly Bobo

Holly Bobo
Born Holly Lynn Bobo
(1990-10-12)October 12, 1990
United States
Disappeared April 13, 2011 (aged 20)
Darden, Tennessee
Status Found deceased
Education University of Tennessee Martin, in Parsons TN
Parent(s)
  • Dana Bobo
  • Karen Bobo

Holly Lynn Bobo (born October 12, 1990 – 2011) was an American woman who disappeared on April 13, 2011, from her family home in Darden, Tennessee. She was last seen alive by her brother shortly before 8 a.m. walking into the woods outside her home with a man wearing camouflage. In September 2014, her remains were found in northern Decatur County, Tennessee, and her death was ruled a homicide.[1]

Six men have been arrested for varying degrees of involvement in the crime. However, only three of the six men arrested have been prosecuted.[2] The prosecution has been heavily criticized for their refusal to produce evidence against the defendants, missing multiple discovery deadlines, and for making frequent changes to the charges against the defendants with little explanation. The men are facing charges of especially aggravated kidnapping, first-degree murder, and rape. Prosecutors are seeking the death penalty.[3] Charges against two of the men were dropped and another named suspect committed suicide without any charges being filed against him.

Most of the arrests were made on the basis of a confession by John Dylan Adams, who told police he saw his brother, Zach, and another friend, Jason Autry, with Holly at his brother's home after her kidnapping. It is unknown what led police to question Dylan about Bobo's disappearance. He has since alleged that the confession was coerced. All of the accused men deny involvement in the disappearance and no additional evidence has been released.[4] Defense attorneys for the men complained that they still had yet to receive a bill of particulars detailing the case against their clients and the results of forensic testing done on evidence from the case over a year after the arrests were made. Prosecutors were ordered to turn it over by December 2014.[5] Attorneys for the defendants have filed motions to dismiss charges on the grounds of "silence or stonewalling".[6][7] On June 3, 2015, Judge C. Creed McGinley again issued a deadline, giving them 30 days to turn over the evidence.[8] In July 2015, it was announced that the defendants finally received access to all the evidence against them, although it still has yet to be released to the public.[9]

The case has been met with several setbacks such as the death of a suspect, multiple changes to the prosecutorial team, and disputes with the Tennessee Bureau of Investigation (TBI). The TBI briefly withdrew its services to the entire district after the prosecutor accused the TBI of compromising the case by proceeding "so slowly that the culprits were always one step ahead and that TBI... was leaking information and possibly covering up evidence."[10]

District Attorney Matt Stowe said he and the TBI are still "actively looking" to bring criminal charges against additional people, although he declined to name the parties or the charges.[11] A tentative trial date has been set for April 3, 2017.[12]

History

At the time of her disappearance, Holly Bobo was a 20-year-old nursing student at the Parsons campus of the University of Tennessee,[13] living with her parents and brother in Darden, Tennessee.[14] Friends described her as shy and sweet.[14] She was the cousin of country singer Whitney Duncan.[13]

Disappearance

A timeline of the events on the morning of April 13, 2011, was compiled on the basis of witness statements and phone records.

Investigation

Extensive searches of the area were conducted following her disappearance without result, except that a lunch box believed to be hers was found in a creek approximately eight miles from her home.[18] A shoeprint that matches Croc's brand footwear was found outside at Holly's residence.[5]

In September 2014, Bobo's remains were found by ginseng hunters in a wooded area of northern Decatur County, Tennessee, nearly 20 miles (32 km) from Darden.[1][19] The owner of the property said it was not uncommon for people to hunt there without permission.[20] One of the men who found the remains said he saw a large bucket in the woods, which he upturned. (Details of the contents have not been released but in an interview the man said he was disturbed by what he found.) He then spotted Bobo's remains spread on the ground behind him.[19][21]

Arrests

Five men have been charged in connection to Bobo's disappearance, with the first of those occurring in March 2014; however, few details of the case against them have been released. Twenty-nine-year-old Zach Adams, his brother Dylan Adams, and friend Jason Autry have been charged with especially aggravated kidnapping, first-degree murder, and rape. Another two men, Jeffrey and Mark Pearcy, were arrested on charges of accessory after the fact and tampering with evidence, however charges against the Pearcy brothers were dropped. Another man, Shayne Austin, committed suicide almost a year after the others were arrested, with insinuations by law enforcement at the time of those other arrests that he may have also been involved in some way, but without any charges ever being filed against him. Police have yet to release what connection, if any, the men may have had with Bobo prior to her death and have not yet named a motive for the murder. Prosecutors are seeking the death penalty in the case against the Adams brothers and Jason Autry.[3] According to court documents, the prosecution is pursuing the death penalty because "the murder was especially heinous, atrocious or cruel in that it involved torture or serious physical abuse beyond that necessary to produce death;" because it was committed by the suspects for the purpose of "avoiding, interfering with, or preventing a lawful arrest or prosecution;" and because the murder was "knowingly committed, solicited, directed or aided" by the defendants while each defendant had a substantial role in the murder, kidnapping and/or rape.[22]

Zach Adams

The first arrest in the case was made in March 2014, prior to the discovery of the body. Zach Adams was charged with first-degree murder and especially aggravated kidnapping after Adams's brother, John Dylan Adams, told police that he witnessed Bobo alive with his brother at the home they share following her abduction.[23][24][25] An affidavit for a search warrant states that Dylan told authorities that on April 13, 2011, he went to Zach's residence to get his truck. Dylan reportedly "observed Holly Lynn Bobo sitting in a green chair in the living room wearing a pink t-shirt, with Jason Wayne Autry standing just a few feet away." He also told police Zach was "wearing camouflage shorts, black cut-off-sleeve t-shirt and a pair of green Crocs" shoes. Dylan also reported that Zach told him "he had raped Bobo and videotaped it." The alleged videotape has not been found. Investigators also uncovered "a blond hair covered in dust from a bedroom closet" of Zach's residence. Whether any forensic testing has been conducted on the hair has yet to be released.[5][24][25]

Holly's remains were found several months after his arrest in a wooded area approximately 15 miles from Adams' residence.[26] An additional charge of rape was added a year later in May 2015.[27] It is unknown what led police to question Dylan about the Bobo case and he has since alleged that his statements were coerced.[28]

Jason Autry

In April 2014, Zach Adams' 39-year-old friend Jason Wayne Autry was also charged with especially aggravated kidnapping and first-degree murder on the basis of Dylan's statement.[24][25] Autry was also charged with rape a year later in May 2015. Aside from Dylan's initial statements, no additional evidence has been released connecting Autry to the crime.[27]

Shayne Austin

Another man, Shayne Kyle Austin, was initially offered immunity in exchange for information regarding the location of Bobo's body.[13][29] Phone records indicate that Austin was in contact with Adams several times on the day of Bobo's abduction and police believed that Austin helped dispose of the body.[13][30] The agreement was withdrawn after Austin was unable or unwilling to lead them to the body and the district attorney released a statement that Austin "has not been completely truthful, forthcoming and cooperative as to any and all aspects of this investigation."[31] In April, Austin's attorney filed a complaint against the State asking for an immediate and permanent injunction preventing the state from charging Austin.[32] Austin was found deceased in February 2015 in Bartow, Florida of an apparent suicide.[33][34][35][36] Austin's attorney blamed the suicide on the continual threats of prosecution as well as the "witch hunt" style of investigation, where they relied on rumors instead of evidence. His attorney insists he had nothing to do with the murder and cooperated fully with police.[37]

Dylan Adams

In September 2014, Dylan Adams, Zach's brother, was charged with tampering with evidence for allegedly disposing of evidence on April 13, 2011.[38] The Tennessee Bureau of Investigation (TBI) has not made public what evidence he has been charged with destroying and subsequently dropped that charge. He was then charged with rape based on a statement he made to police, where he allegedly admitted to raping Bobo.[39] His attorney alleges that he hasn't received any evidence from the state relating to the charges.[40] In May 2015, Dylan Adams was indicted on charges of first-degree murder, especially aggravated kidnapping and especially aggravated rape. The specific evidence against him has not been released.[41]

Jeff and Mark Pearcy

In July 2014, Jeffrey Pearcy and his brother Mark Pearcy were arrested and charged with accessory after the fact and tampering with evidence. They were arrested on the basis of allegations made by Jeffrey Pearcy's former roommate Sandra King. In the spring of 2014, Jeffrey and his two sons lived with her so his sons could finish school. King alleged that in May, Jeffrey showed her part of a video showing Adams assaulting Bobo, who is tied up and crying. She told police that she only watched a small clip and did not see the sexual assault. King made a recorded call to Jeffrey. She told him over the phone "That video of Holly, if it had been you, I would have watched it,'" to which he replied, "I know." King alleges that Pearcy's brother Mark shot the video.

Both brothers deny that a video existed and Jeff Pearcy denies knowing the other men who have been arrested for the crime.[42] Jeffrey claims that he was unable to hear Sandra during the phone conversation and that his ex-wife's name is also Holly. Police have analyzed over 20 phones, but have yet to find the video.[43] Charges against Mark Pearcy were subsequently dropped and the district attorney decided not to pursue the charges against Jeffrey Pearcy.[43][44]

Additional charges

District Attorney Matt Stowe said he and the TBI are still "actively looking" to bring criminal charges against additional people, although he declined to name the parties or the charges.[11]

Innocence claims

All men arrested for the crime have denied involvement in the disappearance. Jason Autry spoke with a reporter about the case in May, 2014, stating: "I want to let them know they have an innocent man right here," said Autry, "I'm a drug addict and a thief, but I'm not a killer." Autry told the reporter that Dylan, who is in jail on gun charges, lied to investigators because of a longstanding feud with his brother and to reduce his own sentence. "They hate each other's guts and that's a way to get back at him."[25] A relative of the Adams brothers says that Dylan is mentally disabled and "has the mind of a child". He says that Dylan has some ability to read, but cannot perform other tasks such as telling time, and he believes that Dylan is being manipulated.[45] His family alleges that his confession was coerced and that according to Dylan, "[T]hey kept him up all night, would not give him anything to eat or drink and finally he said, 'What do you want me to say?'"[28]

Autry has also claimed that investigators tried to get him to testify falsely against Adams.[25]

Jeffrey Pearcy also claims the statements regarding his involvement were fabricated by King to assist her son who has been in prison for 14 years and has 24 years left on his sentence.[43] "I have been up front and honest about everything. I have willingly given them everything. Take it, I mean, it's there," he said. "My heart goes out to the Bobo family. It could have very well been one of my kids. For someone to give them false hope, and that's exactly what's been done to them," he said. "But for the justice system to just haul someone in and destroy their whole life, I mean, there's no sense in that at all."[42]

Autry's attorney has questioned the investigation as well, stating: "I don't think the state has any case against Jason Autry."[1][11] In the fall of 2014, evidence tampering charges were dropped against both Dylan Adams and Mark Pearcy. Autry's attorney, John Herbison, has accused the prosecutor of adding and dropping charges strategically: "If those reports are correct, it means that they're just playing games," Herbison said. "They charged him with something less serious in order to keep him locked up, and then when it comes times to answer questions about the charge, they dismiss that and charge him with a more serious charge in circuit court, where he's not entitled to a preliminary hearing."[46]

Regarding the dropped charges against Mark Pearcy, the prosecutor stated that Pearcy was facing unrelated federal charges and they were being forced to wait to proceed with the state charges. Herbison says the laws regarding the charges would not preclude the state charges. "If the state is claiming that is the case, the prosecutor is either ill-informed or being disingenuous," he said. Aside from statements made by Dylan Adams, authorities have declined to disclose any other evidence linking the men to the murder.[46]

Prosecution

The criminal case against the men charged has been met with strong criticism as well as conflict between members of the prosecution, complicating the investigation. District Attorney Matt Stowe was elected to office in the summer of 2014 following the arrests and stated that he believes he was elected in part due to skepticism regarding the arrests and questions over whether enough evidence exists against them to obtain a conviction. "[Voters] wanted another set of eyes on this Holly Bobo case; they weren't happy with everything that was coming out of there, and I think that they wanted someone else to take a look and someone else to say, 'We know what's going on.'"[11]

On December 17, 2014, Judge Creed McGinley chastised prosecutors for delays in the case and for the state's failure to turn over evidence. "I am absolutely out of patience with these cases not moving," he said. Judge McGinley ordered that a bill of particulars will be filed for Zachary Adams' case within seven days and that discovery will take place immediately. The prosecution ignored both deadlines.[30][47] In response, attorneys for the men filed motions to dismiss charges.[30][47][48] The motions filed accuses the state of "silence or stonewalling", stating that, among other things, that the state has yet to disclose evidence that the skull found belongs to Bobo. "It would appear to me if they had a skull with a dental match they would have given that to us right away. It's a little suspicious why we don't have that forensic information," said Autry's attorney Fletcher Long.[49] In July 2015, it was announced that the defendants finally received access to all the evidence against them, although it still has yet to be released to the public.[5][50][51] Jason Autry's attorney John Herbison subpoenaed District Attorney Stowe and TBI director Mark Gwyn to testify at an upcoming hearing to ask the specifics of the dispute with the TBI and why the prosecution has delayed discovery for so long.[8][52]

Following the hearing in December, a dispute regarding the handling of the case led the TBI to briefly drop its investigation of the case and cut ties with the entire district, saying District Attorney Matt Stowe had accused them of misconduct. The TBI agreed to come back on the case after Stowe recused himself from the case and Jennifer Nichols was appointed as special prosecutor.[53][54][55][56] Following Stowe's allegations of misconduct by the TBI, the defense attorneys working on the case have stated that they intend to subpoena Stowe to question him regarding the alleged misconduct.[30] Emails by Wally Kirby, Executive Director of Tennessee District Attorney's Conference, revealed that Stowe accused TBI of compromising the case by proceeding "so slowly that the culprits were always one step ahead and that TBI... was leaking information and possibly covering up evidence."[10][57]

A hearing scheduled August 26, 2015 was canceled by the judge with Autry's attorney suggesting it will be a while before a new date is set, so that the attorneys have a chance to go through the discovery materials provided by the prosecution.[58]

Media coverage

The case has attracted a high level of national media coverage.[59] Discovery Channel published an article several months after her disappearance discussing how the high levels of media coverage, including some instances of inaccurate media coverage, have hurt the investigation. A notable example of misinformation was the description of her last known movements. Early reports inaccurately reported that Bobo was dragged into the woods. Clint later clarified that Holly had in fact walked with the man wearing camouflage into the woods, either willingly or by coercion. This clarification led to rumors that Clint had changed his story and was a suspect in his sister's disappearance. Whitney Duncan defended him in an April 17 Twitter statement, stating that he was innocent and not a suspect in the case. Police have received scores of erroneous tips from the public, including a number of psychics, making it difficult for police to identify important leads.[60]

See also

References

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  2. Gaines, Charley (June 10, 2014). "Two more men arrested in connection with Holly Bobo case". ABC 21.
  3. 1 2 Ervin, Stuart. "State plans to seek death penalty against 3 suspects in Holly Bobo case". Retrieved 2015-06-03.
  4. "Holly Bobo Case: Jason Autry, Zach Adams State Innocence During Arraignment". Fox News.
  5. 1 2 3 4 5 Beres, Nick (May 18, 2015). "Evidence Linking Bobo Murder Suspects To The Crime". News Channel 5.
  6. Beres, Nick (January 5, 2015). "Strange New Twist In The Holly Bobo Case". News Channel 5.
  7. Apel, Kara (December 17, 2014). "Judge frustrated with how slowly Bobo suspects' cases are moving". WSMV.
  8. 1 2 Faris, Maranda (June 4, 2015). "Bobo murder suspects could face death if convicted". USA Today.
  9. Beres, Nick (July 13, 2015). "Defense Attorneys Receive Full Access To Evidence In Holly Bobo Case". News channel 5.
  10. 1 2 Conte, Chris (February 2, 2015). "Emails Reveal New Details In Heated Holly Bobo Fallout". News Channel 5.
  11. 1 2 3 4 5 6 7 8 9 10 11 Manna, Nicole (September 6, 2014). "A fresh look at the Holly Bobo case". The Jackson Sun.
  12. WKRN, News Staff (March 2, 2016). "Holly Bobo case expected to go to trial next April". WKRN News 2.
  13. 1 2 3 4 "Holly Lynn Bobo". Charley Project. Retrieved 30 July 2014.
  14. 1 2 3 Bule, Jordan (October 8, 2011). "Final hours with Holly: Family, friends, police reconstruct time before Holly Bobo's abduction". Jackson Sun.
  15. 1 2 3 Ferrier, Dennis (April 30, 2013). "Holly Bobo's brother tells his side of the story for the first time". KHPO.
  16. "Man was waiting for Holly Bobo: Crime expert". CBS News. April 16, 2011.
  17. "Cold Case update: Holly Bobo". Crime Library. Retrieved 30 July 2014.
  18. "Searchers find missing Holly Bobo's lunchbox". Daily Mail UK. 16 April 2011.
  19. 1 2 Conte, Chris (September 11, 2014). "Man who found Holly Bobo: It will be with me forever". News Channel 5.
  20. "Property owner where Holly Bobo remains found speaks". WZTV Fox 17. September 10, 2014.
  21. Conte, Chris (April 27, 2015). "Man who found Holly Bobo: We want Justice for Holly". News Channel 5.
  22. Faris, Maranda (June 3, 2015). "Defendants in Bobo case face death penalty if convicted". The Jackson Sun.
  23. Pleasant, Joseph (April 1, 2014). "Zachary Adams tried to threaten brother, report says". WKRN.
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  27. 1 2 Carnaggio, Bryan (May 21, 2015). "Bobo Grand Jury Indictments Released". WBBJ 7 Eyewitness News.
  28. 1 2 Bule, Jackson (September 24, 2014). "Exclusive: Family member says Dylan Adams would not have knowingly disposed of evidence in Holly Bobo case". The Jackson Sun.
  29. Shayne Austin immunity agreement
  30. 1 2 3 4 Beres, Nick (February 25, 2015). "Legal Analyst: Suspect's Death Could Hurt Prosecution In Bobo Case". News Channel 5 Network.
  31. Bleau, Sarah (May 1, 2014). "Immunity agreement with alleged Holly Bobo suspect released". Fox. Retrieved 30 July 2014.
  32. Bleau, Sarah (May 1, 2014). "Immunity agreement with alleged Holly Bobo suspect released". Fox 13 Memphis.
  33. Ad Sainz, Associated Press (27 February 2015). "Fla. police: Shayne Austin found hanged in hotel room". The Jackson Sun. Retrieved 26 July 2015.
  34. "Florida police: Man thought to be witness in Holly Bobo case found hanged in apparent suicide". Chattanooga Times Free Press. Retrieved 26 July 2015.
  35. "Officials: Holly Bobo key witness's death not suspicious". WBBJ-TV. Retrieved 26 July 2015.
  36. Ferrier, Dennis (February 23, 2015). "Suspect, key witness in Holly Bobo murder found dead". WMC Action News 5. Retrieved July 26, 2015.
  37. Baker, K.C. (2015-02-25). "A Key Witness in Holly Bobo Murder Dead of Apparent Suicide After 'Witch Hunt,' Says Lawyer". People.
  38. Apel, Kara (October 14, 2014). "Suspect in Holly Bobo case charged with 2 counts of rape". WRCBtv.
  39. Wilson, Brian (September 18, 2014). "Brother of Zachary Adams arrested in Holly Bobo case". The Tennessean.
  40. Ferrier, Dennis (March 25, 2015). "Defense attorneys in Bobo case file several new motions". WSMV.
  41. Gordon, Carley. "Dylan Adams charged in rape, murder of Holly Bobo". Retrieved 2015-05-21.
  42. 1 2 Gordon, Carley (June 18, 2014). "Man suspected in Holly Bobo case speaks out about video". WSMV.
  43. 1 2 3 Manna, Nichole (July 29, 2014). "Witness says she saw Holly Bobo tied up on video". The Tennessean.
  44. "DA Not Pursuing Charges Against Suspect In Bobo Case At This Time". Retrieved 2015-06-05.
  45. "Suspect's family Speaks". WSMV. September 25, 2014.
  46. 1 2 Gordon, Carley (October 17, 2014). "Autry's attorney weighs in on changes in Bobo case". WSMV.
  47. 1 2 Apel, Kara (December 17, 2014). "Judge frustrated with how slowly Bobo suspects' cases are moving". WSMV.
  48. Conte, Chris (March 25, 2015). "Holly Bobo rape suspect demands release from jail". News Channel 5.
  49. Associated Press (January 1, 2015). "Suspects in Holly Bobo murder case ask judge to drop charges over lack of evidence". New York Daily News.
  50. Beres, Nick (July 13, 2015). "Defense Attorneys Receive Full Access To Evidence In Holly Bobo Case". News channel 5.
  51. Gordon, Carley (January 6, 2015). "Court dates postponed, special prosecutor named in Holly Bobo murder case". WSMV.
  52. Beres, Nick. "Attorney Seeks To Question TBI Director On Bobo Case". Retrieved 2015-05-21.
  53. "TBI severs ties with 24th Judicial District, suspends Holly Bobo murder investigation". WMC Action News 5. December 17, 2014.
  54. Walker, Ken (December 19, 2014). "PARIS, TN: Stowe off Bobo case as TBI resumes operations in 24th Judicial District". The Paris Post Intelligencer.
  55. "TBI back on the Holly Bobo case". News Channel 11. December 19, 2014.
  56. Crockett, Ashley (January 6, 2015). "Judge appoints special prosecutor in Holly Bobo case". WREG News Channel 3.
  57. Associated Press (January 23, 2015). "Tennessee investigative agency says it has finished evidence analysis in Holly Bobo case". Fox News.
  58. Beres, Nick (August 20, 2015). "Hearing To Set Trial Date Canceled In Holly Bobo Murder Case". News Channel 5 Network.
  59. Barton, Robin L. (August 22, 2011). "The "Missing White Woman Syndrome"".
  60. Radford, Benjamin (June 7, 2011). "Holly Bobo still missing: Rumors, psychics hurt search". Discovery News.

External links

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