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Narrator
From audio up, the creators of Stephen King Strawberry Spring Comes the Unborn A Shocking True Story My babies.
Sloan Glass
Please My babies.
Narrator
One woman, two lives and a secret she would kill to protect.
Witness/Expert
She went crazy, shot and killed all her farm animals, slaughtered them in front of the kids, tried to burn their house down.
Narrator
Listen to the unborn on the iHeartRadio app, Apple Podcasts, or wherever you get your podcasts.
Sloan Glass
Hi listeners, I'm Sloan Glass, host of the American Homicide Podcast and I'm excited to share this riveting story with you. I'm also excited to tell you that you can now get access to all episodes of season one of American Homicide 100% ad free and one week early through the iHeart True Crime plus subscription available exclusively on Apple Podcasts plus your get access to other char topping true crime shows you'll love like the Girlfriends Betrayal There and Gone South Street Creating a the Story of Bitcont Paper Ghosts, Piketon Massacre, Murder Homes and more. So don't wait. Head to Apple podcasts, search for iheart true crime and subscribe today I was.
Lee McMillan
David Parker Ray's second lawyer. I stepped in after the first trial in 2000. I spent dozens or hundreds of hours with David Parker Ray. What I expected was somebody that was visibly evil. What I got was a guy that if you met him in a bar, you'd have a beer with him and maybe go fishing with him. I think the fact that he was so amiable makes the whole thing scarier.
Sloan Glass
My name is Sloan Glass and this is the conclusion of the Toy Box Killer on American Homicide. And just a quick note that this episode contains some graphic and disturbing content. Please take care while listening. The case of David Parker Ray caught the attention of the world after one of his victims escaped from his torture chamber known as the Toy Box. His Toy box was a soundproof trailer attached to his home in the middle of the New Mexico desert. It's the place where three women accused David Parker Ray of kidnapping, torturing, and sexually assaulting them. After his arrest, David Parker Ray faced three separate trials, one for each victim. But prosecutors in the first trial couldn't secure a conviction.
Lee McMillan
There was a mistrial. He had a hung jury.
Sloan Glass
Leigh McMillan was David Parker Ray's lawyer and represented him in the retrial.
Lee McMillan
He was one of the best behaved criminal clients I had ever had. He never criticized. He never complained. He never whined.
Sloan Glass
We heard in earlier episodes how locals describe David Parker Ray as charming, polite, and even helpful. But the likable mechanic from Elephant Butte, New Mexico had some dark Secrets. The FBI believed he could be responsible for the murders of more than 45 people that would make him one of the most prolific killers in American history. But they never charged him.
Lee McMillan
It was difficult to convict David Parker Ray of murder because they didn't have.
Sloan Glass
Any corpses without any bodies. Prosecutors charged Parker Ray with what they could get him on kidnapping, torturing and sexually assaulting three women.
Lee McMillan
David Parker Ray was a man who believed himself to be Satan himself, or at least a demonic presence on earth to advance the Satanic agenda. He makes that very clear in the orientation tape that he played for his victims and in the sketches that he made of the procedures that he performed in his den, which he calls Satan's den.
Sloan Glass
You may remember that he tied up his victims and then played a recording of him methodically listing off all the sick and disgusting things he intended to do to them.
Lee McMillan
I have no idea how to defend somebody like that.
Sloan Glass
Nevertheless, this was the job Lee McMillan had to do. Each case against David Parker Ray was tried separately. The first trial was for crimes against Kelly Garrett, who was kidnapped by David's daughter Jessie Ray in 1996.
Lee McMillan
Kelly Garrett, who was uncovered by one of the pictures that the FBI took in the toy box, showed a victim with a tattoo on her lower leg. And they identified her through that tattoo.
Sloan Glass
Kelly's ex in laws saw a picture of her tattoo on the news and immediately phoned the FBI to identify their ex daughter in law. They remembered how three years earlier, Kelly turned up disoriented, having no memory of where she had been over the course of a weekend. At the time, they all assumed Kelly was out partying and messing around with another man.
Lee McMillan
I think for Kelly Garrett she was going through some stuff and went to the bars. And I believe that's how she came into contact with Jessie Ray and David Ray.
Sloan Glass
But the reality is that Kelly was kidnapped and drugged, which destroyed her memory from that weekend. So Kelly never told the police about what happened. It was the FBI who approached her. A fact David Parker Ray's defense team jumped on.
Lee McMillan
Well, normally you would go after that witness and ask them why they never came forward and ask them why they didn't participate in the prosecution until they were found. Considering that the case was all over the news, why didn't you pick up the phone and call somebody?
Sloan Glass
Questioning Kelly Garrett's credibility was one part of the defense. The other was to argue what the jury saw on the tapes happening between David Parker Wray and Kelly Garrett was consensual. When the trial kicked off in the spring of 2001. It featured a new judge named Kevin Swayze. He replaced the original judge after he died of a heart attack just hours after warning some jail guards to leave David Parker Ray alone. Judge Swayze was a rancher who spent his weekend steer roping, meaning he'd ride a horse while trying to lasso a bull. But now he traded his jeans and flannel shirt for a robe as he presided over one of the biggest trials in the country. In order to find an impartial jury, the case was moved to Estancia, New Mexico, known for their annual pumpkin chunkin event where custom built machines launch pumpkins into the air. The tiny farming and ranching community sits just outside Albuquerque. As you can imagine, hearing a case about bondage and S and M was something foreign to the locals.
Lee McMillan
And to that end, I actually hired an expert witness who was a local dominatrix to explain that concept to what turned out to be a jury of farmers and ranchers.
Sloan Glass
That dominatrix, by the way, was the only witness that the defense would call. Instead, the defense would chip away at the credibility of the prosecution's witnesses. And once again, one of the witnesses was the victim, Kelly Garrett.
Lee McMillan
Well, the normal situation in a sexual assault trial for a defense lawyer is to find fault with the victim as much as possible.
Sloan Glass
Unlike the first trial, when prosecutors called a string of law enforcement and FBI investigators to testify, prosecutors immediately put Kelly Garrett on the witness stand. Once again, Kelly shared her painful memories of what happened in David Parker Ray's toy box. She explained that David Parker Ray's daughter, Jessie Ray, a former friend, offered her a ride home, but instead took Kelly to her father's torture chamber. That's where he physically and sexually abused her. Over the course of that July 1996 weekend, the jurors, comprised mostly of farmers, sat frozen in their seats as Kelly recounted the chilling details from the toy box. The shock on the jurors faces continued as prosecutors played the video of Kelly strapped to a fitness bench in the toy. This was the same video from the first trial. After the six minute clip finished playing, prosecutors asked Kelly if she recognized the woman on the tape. After wiping away a steady stream of tears, Kelly said, that's me. She recounted as much as she could remember from that weekend, including how David Parker Ray dressed in his green parks department uniform, dropped her off at her mother in law's house. Those were the same in laws who later saw Kelly's tattoo on the news three years later and called the FBI on her behalf.
Lee McMillan
It was pretty convincing and I think everybody in the room knew it. I knew it, the judge knew it.
Sloan Glass
And then came a ruling by Judge Swayze that changed everything. In the first trial, prosecutors could not play David Parker Wray's orientation tape. The judge had ruled the audio recording inadmissible since Kelly couldn't remember hearing it.
Lee McMillan
Basically, it's an introduction for the victim of what is going to happen to them over the next few days or weeks in the trailer and graphically describes how they'll be raped and tortured and tormented.
Sloan Glass
In the retrial, Judge Swayze allowed the jury to hear an edited version of that tape.
Witness/Expert
Okay, we both know what you've been brought here for. I'm going going to use you. You're not going to like the way I do it. And in a week or two, when I'm through with you, you can be turned loose.
Sloan Glass
Most importantly for the prosecution, the tape described all the graphic details that Kelly Garrett could not remember.
Witness/Expert
As soon as I turn this tape off, you will have an excellent opportunity to try to beg for me to turn you loose. I love to listen to a beg and plead. And this is the end of the tape.
Sloan Glass
After listening to 25 Minutes of David Parker Ray rattling off his twisted fantasies, only one word could describe the look on each of the jurors faces.
Lee McMillan
Horrified.
Sloan Glass
During a cigarette break, David Parker Ray was overheard saying the new judge was a blow to his case. When the trial resumed, the jury also heard from Kelly Garrett's ex husband, Patrick. He was married to Kelly in July 1996 when David Parker Ray kidnapped her. Patrick testified while dressed in his Navy uniform. He explained that the day David Parker Ray dropped Kelly off, she wasn't herself. She was disoriented and mumbling. Kelly was also dirty, which was unusual because she usually showered a couple times a day. Patrick added that he found the whole situation with David Parker Ray to be shady. It was a Sunday and David was dressed in his work uniform, even though so he didn't have to work that day. The irony of his testimony is that Patrick had originally questioned Kelly's credibility. Patrick and his family thought her disappearance meant she was cheating on him. He learned the truth three years later and at the trial, the guilt of not believing his now ex wife finally overwhelmed him. Patrick wiped away tears as he explained that he annulled their marriage. A few days after David Parker Ray dropped Kelly off. During closing arguments, the prosecution told the jury that Kelly Garrett's long nightmare was real and they could bring it to an end by finding David Parker Ray guilty. The defense tried a different approach and once again played the six minute long videotape of Kelly Garrett in the toy box. This time, attorney Lee McMillan gave a sort of play by play description of what he believed was happening and explained that the tapes showed nothing more than a harmless fantasy and consensual sex.
Lee McMillan
Being a pervert doesn't mean you're a murderer.
Sloan Glass
To underscore his point, macmillan took it one step further. Further, he grabbed every picture prosecutors showed from the toy box and one by one he held them up and threw them on the floor. He again reminded the jury that those pictures were taken in 1999, three years after Kelly Garrett was allegedly held in the toy box. McMillan explained that there was no way to know if any of the items were present when Kelly was there. Once again, David Parker Ray's fate was in the hands of the jury.
Narrator
In the quiet town of Avella, Pennsylvania, Jared and Christy, Akron seemed to have it all. A whirlwind romance, a new home, and twins on the way. What no one knew was that Christy was hiding a secret so shocking it would tear their world apart.
Sloan Glass
91 One Response what's your emergency?
My babies. Please. My babies.
Narrator
One woman, two lives, and the truth more terrifying than anyone could imagine.
Witness/Expert
They had her as one of the suspects, but they could never prove it. You're going to go to jail if.
Alex Tomlin
You don't come with us right now.
Sloan Glass
Throughout this whole thing, I kept telling myself, nobody's that crazy. Crazy.
Narrator
Uncover the chilling mystery that will leave you questioning everything. A story of the lengths we go to protect our darkest secrets.
Witness/Expert
She went batshit crazy, shot and killed all her farm animals, slaughtered them in front of the kids, tried to burn her house down.
Narrator
Audio App Presents the unborn on the iHeartRadio app app podcasts or wherever you get your podcasts.
Sloan Glass
Hi listeners, I'm Sloan Glass, host of the American Homicide Podcast and I'm excited to share this riveting story with you. I'm also excited to tell you that you can now get access to all episodes of season one of American Homicide 100% ad free and one week early through the I Heart True Crime plus subscription available exclusively on Apple Podcast Plus. You'll get access to other chart topping true crime shows you'll love like the Girlfriends Betrayal there in Gone South Street Creating a Con, the Story of Bitcont Paper Ghosts, Piketon Massacre, Murder Homes and more. So don't wait. Head to Apple Podcasts, search for Iheart True Crime and subscribe today.
After a hung jury in his first trial, David Parker Ray was retried in the spring of 2001. Based on Parker Ray's demeanor in the courtroom, you'd never know he was facing more than 200 years in prison.
Lee McMillan
He sat there and stared at people and looked at me, and he would make notes and pass them to me and elbow me a little bit when he wanted me to say something.
Sloan Glass
His attorney, Lee McMillan, now stood next to his client as the jury returned with a verdict. The group had deliberated for just over five hours.
Lee McMillan
The atmosphere was one of foreboding and darkness.
Sloan Glass
On the 12 counts of abducting and sexually torturing Kelly Garrett, the jury found David Parker Ray guilty. In an interview with a reporter afterwards, David Parker Wray claimed the sex between he and Kelly Garrett was consensual. He vowed to appeal and listened to what he told a local TV reporter. I feel raped, david Parker Ray said. He feels like the one that was raped.
Witness/Expert
I get my excitement from making a woman happy. My trailer had numerous sex toys in it of different types, all different fetishes. I got pleasure out of the woman getting pleasure. I did what they wanted me to do.
Sloan Glass
You could credit that infamous cassette tape for helping jurors in the second trial. Convict David Parker Wray. But he told reporters that it wasn't at all what it sounded like. Parker Ray explained that the tape was recorded for entertainment purposes and that there was a disclaimer at the beginning of the tape that said so. With one trial down and two to go, Judge Swayze held off on sentencing until the conclusion of David Parker Wray's other trials. His second trial was for the crimes inflicted on Cynthia Vigil.
Lee McMillan
Cynthia Vigil was another victim that David snatched off the street in Albuquerque and took to his trailer. She had been in the house for three days, restrained and being mistreated, and somehow got away from Cindy Hendy. And David ran down Bass Road with a collar around her neck, trailing a chain, going from house to house, looking for help.
Sloan Glass
But just after that trial began, Cynthia Vigil received some unexpected news.
Cynthia Vigil
The DA contacted me and told me that David wanted to plead out and plead guilty for what he did to me.
Sloan Glass
David Parker Ray wanted to strike a deal, but it came with one giant catch.
Cynthia Vigil
The only way he would plead guilty was if his daughter got no time.
Sloan Glass
In exchange for pleading guilty, prosecutors would have to drop their case against his daughter, Jessie Ray. Remember, Jessie worked as her father's accomplice and helped to lure victims into the toy box.
Cynthia Vigil
Knowing that he wanted to plead out on my case, I was happy that I didn't have to testify.
Sloan Glass
It's good that she didn't have to relive what happened to her by testifying at the trial. But the fact that Jesse Wray got off scot free seems like a miscarriage of justice. In the summer of 2001, David Parker Wray and prosecutors struck a deal in exchange for Jesse Ray not serving any additional prison time. David pleaded guilty to more than 20 charges, including kidnapping, raping and conspiracy to kidnap Cynthia Vigil.
Cynthia Vigil
I think his daughter should have gotten more time, but then I had to realize taking it to trial, anything could have went and then he could have been let go.
Sloan Glass
As part of the deal, Jesse Ray was sentenced to time served and five years of probation. And there was more. The deal also meant dropping the other pending case against David Parker Ray. That trial was for the third victim, Angela Montano, who sadly passed before her trial was set to begin. Angela never got the justice she deserved.
Lee McMillan
I think David was protective of his daughter because she represented his legacy.
Sloan Glass
All that was left was to formally sentence David Parker Ray. Kelly Garrett arrived at the sentencing hearing to read her victim impact statement. Kelly said that she hopes David Parker Ray lives long enough to serve out his full sentence. David stared at the floor as Kelly said she hoped he would burn in hell. When the judge asked David Parker Ray if he had anything to say, he said he did. He explained that this whole process has allowed him to get closer to God and then stoically said, I can only be sorry for what I did. It was something that caught his own lawyer off guard.
Lee McMillan
I do not think David Parker Ray ever expressed any remorse. I don't think that he was capable of remorse. He fully believed that he would never be in prison and told me so.
Sloan Glass
But Judge Swayze was about to change that.
Lee McMillan
David Parker Ray was sentenced to 224 years of confinement.
Sloan Glass
It was the maximum sentence.
Lee McMillan
No human being would ever survive that.
Cynthia Vigil
Cynthia Vigil was thrilled knowing nobody would ever go through what I went through. I think that's what was satisfying about him being locked up.
Sloan Glass
David Parker Ray was headed to prison on a list of charges, but murder wasn't one of them. Even though he bragged about killing dozens of people in his journals, investigators never located any bodies. But then In May of 2002, David Parker Wray told the FBI that he was ready to talk. It was the first time he ever agreed to cooperate. And authorities believed he had information to finally share about those missing women. The two sides set a meeting. But that meeting never happened.
Lee McMillan
Well, I was at home with my children, helping them with their homework and it came on the news in Albuquerque. David Parker Ray has died.
Sloan Glass
Just before David Parker Ray's meeting with the FBI, he suffered a fatal heart attack. He was 62 years old. This meant that David Parker Ray took his secrets with him. His attorney couldn't believe it.
Lee McMillan
Well, I wanted to see his body dead. And I made the determination that I would make every effort I could to attend his autopsy. I wanted to be sure that they made the y incision and removed his organs because I did not trust that he would not start his own heart and walk out. And the reason that I felt that way was because one night when we were sitting there at a table that was before sentencing, and he and I were talking, and basically I was just giving it to him straight. You're probably going to spend the rest of your life in state custody, and so is your daughter. Now, if you can possibly bring yourself to cooperate with the feds. And they were offering some sort of deal for his daughter, but he didn't want to do it.
Sloan Glass
So let's connect the dots here. His lawyer said that David Parker Ray didn't want to take the original plea deal because he didn't believe he'd serve time in prison. So he goes to trial, is found guilty, gets sentenced, and then dies weeks later. In other words, he gets off easy.
Lee McMillan
This is my first and probably only contact in my life with pure evil. And it made me believe in the incarnation of pure evil.
Sloan Glass
David Parker Ray's body was buried at the New Mexico State Prison cemetery in Santa Fe. Nearly a decade later, local TV reporter Alex Tomlin did a story about Elephant Butte lake drying up.
Alex Tomlin
We had kind of a severe drought, and the levels of the lake really started dropping, and they were finding things. And I got a call from a guy, and he says, look, I haven't said anything for years, but with the lake draining, they keep finding these tires. And I used to be a neighbor of David Parker Ray's, and I'd see him out there filling these really large tires with cement and dumping them in the lake. And I asked him, I said, well, what do you think was in the tires? And his response was, well, I think it's the missing women. And so there was a lot of speculation about that. And all I'm thinking is, if this is a chance to find these women, we've got to cover it. Maybe this was our next chance. I mean, maybe mother nature was going to catch us a break.
Sloan Glass
But once again, no bodies turned up. Then in 2011, the FBI reopened the case of a missing Albuquerque woman. Who was alleged to have been killed by David Parker Ray. In doing so, investigators again searched in and around Elephant Butte Lake. The FBI then turned to the public for help and opened the toy box to the media. They created a website and posted photos of women's shoes, underwear and clothing, along with dozens of necklaces, rings and earrings found inside the toy box. All of this was done with the hopes for further leads in the story.
Alex Tomlin
But this is one of those cases that's like, until you get that last piece of the puzzle, there's really nothing else to do with it. I mean, the toy box has been open, people have seen it. His tape is well known, but there's still women who are missing. And until somebody says something, you know.
Sloan Glass
If it's true that he had these.
Alex Tomlin
Other people that he confided in, somebody has to know something.
Sloan Glass
No bodies were ever found. Instead, the seemingly never ending story has remained pinned to the area like a scarlet letter.
Lee McMillan
I think it hurt the local bars, I think it hurt the local restaurants, and I think the notoriety hurt in a way that the UFO controversy hurt. Roswell, New Mexico.
Sloan Glass
A local newspaper printed a letter to the editor from an 18 year old girl who was upset with the media's portrayal of the towns of Elephant Butte and truther consequences. She wrote that one bad apple shouldn't spoil the rest of the bunch, but the damage was done.
Lee McMillan
I think it hurt the tourism aspect of the lake. I think that for a time there was an attitude that people did not want to go in the lake because there might be bodies in there. And I had people around the state.
Darren White
Tell me that Elephant Butte will forever be linked to David Parker Ray and the unthinkable crimes that he committed.
Sloan Glass
Darren White, who works with New Mexico's Department of Public Safety, still lives in the area.
Darren White
It's hard to move on when you don't know what happened. It's hard to move on when you know there are victims out there that haven't been found. But nobody, including myself, thinks for a second that David Parker Ray did not abduct women, torture them and kill them. He did. But that is the really bizarre thing about this, is that David Parker Ray is the most notorious serial killer in New Mexico's history. And we've never found a single body.
Narrator
In the quiet town of Avella, Pennsylvania, Jared and Christy, Akron seemed to have it all. A whirlwind romance, a new home, and twins on the way. What no one knew was that Christy was hiding a secret so shocking it would tear their world apart.
Sloan Glass
911 respondents what's your emergency?
My babies. Please. My babies.
Narrator
One woman, two lives, and the truth more terrifying than anyone could imagine.
Witness/Expert
They had her as one of the suspects, but they could never prove it. You're going to go to jail if.
Alex Tomlin
You don't come with us right now.
Sloan Glass
Throughout this whole thing, I kept telling myself, nobody's that crazy. Crazy.
Narrator
Uncover the chilling mystery that will leave you questioning everything. A story of the lengths we go to protect our darkest secret.
Witness/Expert
She went batshit crazy. Shot and killed all her farm animals, slaughtered them in front of the kids, tried to burn her house down.
Narrator
Audioup presents the Unborn on the iHeartRadio app, Apple Podcasts or wherever you get your podcasts.
Sloan Glass
Hi listeners, I'm Sloan Glass, host of the American Homicide Podcast, and I'm excited to share this riveting story with you. I'm also excited to tell you that you can now get access to all episodes of season one of American Homic 100% ad free and one week early through the iHeart True Crime plus subscription available exclusively on Apple Podcasts. Plus you'll get access to other chart topping true crime shows you'll love, like the Girlfriends Betrayal There and Gone South Street Creating a Con, the Story of Bitcont Paper Ghosts, Piketon Massacre, Murder Homes and more. So don't wait. Head to Apple podcasts, search for iHeart True Crime and subscribe today.
Today, two key accomplices in the David Parker Ray's story are free. His daughter Jessie Ray, and girlfriend, Cindy Hendy.
Darren White
It's probably the one thing that irritates the hell out of me about this case is that those two today are walking the streets free.
Sloan Glass
Darren White worked for New Mexico's Department of Public Safety because they're just as.
Darren White
Responsible as David Parker Wray and they're equally as evil as David Parker Wray. But that was part of the deal that was cut. I get that. I've been at this a long time. David Parker Ray wanted. He wanted Jesse to be free. And so that was part of the plea agreement.
Sloan Glass
In 2019, Cindy Hendy was released after serving 20 of her 36 year sentence. New Mexico state law, which has since been changed, only required Cindy to serve half of her sentence.
Darren White
And so in 2019, she was released. She served all of her time and as I recall, she moved out of the state.
Sloan Glass
Cindy Hendy moved to Montana. When locals found out, they were furious because Cindy, a registered sex offender, reportedly moved near a public school. And for defense attorney Lee McMillan, he fears for his own safety.
Lee McMillan
I think that anybody that has Anything to do with this case has something to fear from Cindy Hindi or Jesse Ray or anybody associated with. With that group. I know that if I see her, I'll defend myself.
Sloan Glass
As you can imagine, being the man responsible for defending David Parker Ray comes at a price.
Lee McMillan
My career was never the same after this case. I realized how it changed my relationship to people around me, to the practice of law, and to society in general. This case turned me into a Christian, because you cannot understand this case if you are not a theological. I am very careful about who I take on as a client now because I don't trust anybody anymore. This case has made me more aware of evil and good in the world. And most criminal clients are weak people who have just succumbed to their urges and done stupid things or bad things. And if they're willing to accept responsibility for their actions and get better, I'm willing to take them. If they're not willing to do it, I'm not willing to take them anymore. I think that this case had a negative impact on everybody that was associated with it. Nearly everybody that's associated with it has died in the interim. I got cancer and I've had a stroke since then. I'm surviving that.
Sloan Glass
In the end. Lee credits David Parker Ray's victim, Cynthia Vigil.
Lee McMillan
If it had not been for Cynthia Vigil escaping, he would have continued until he died of other causes. He would have continued, and I think he would have continued to recruit people to continue the same activity. And I think he did that right up to his death.
Sloan Glass
Cynthia Vigil managed to escape from David Parker Ray's toy box, and in doing so, helped to bring an end to his crimes.
Darren White
For somebody like Cynthia to stand up there with the FBI, and that was incredibly courageous and important because for many of us, we see it. We see firsthand. Those agents that worked that case, they saw it firsthand. And for the public who just read about it, there was a naked woman with a dog collar. There's a face to that. It's a human being. She stood up at a podium and said, we need to uncover as much as we can. We need to learn more. We need to find the women who were killed by David Parker Ray. And now she's become the voice for the women who don't have one. That's incredible. So courageous. And I admire her so much for that because she didn't have to. And I hope that that brings her in some way, some bit of peace. Cause I can't imagine the hell that she has to live through. Because all we have are those images that we saw. She lived it. And so if there's anything that brings that woman peace, I pray for it.
Cynthia Vigil
I don't think I'm a hero. I just happen to get away from. David Parker, 8.
Sloan Glass
Cynthia has found a way to find light in all the darkness. Today, she uses her experience to help others.
Cynthia Vigil
I run a nonprofit called Street Safe, and that's what helps me get through all the darkness that's here, helping the women that were in my situation.
Sloan Glass
Safe Street New Mexico serves victims of sex trafficking and those struggling with homelessness and addiction.
Cynthia Vigil
Letting them know that they're not victims, they're survivors, I think is a big message to give the women and let them know you're not anybody's victim. Take that power back from everybody. Once you take that power back, you're not a victim, you're a survivor. And I think letting them know that is. It's the first step of getting them on the right track.
Sloan Glass
While Cynthia still lives with the physical and mental scars of her past, she does have a surprising message for Cindy Hendy.
Cynthia Vigil
I want her to know that I forgive her. I have no hard feelings anymore. I also understand she served her time. I'm not mad that she's released. I'm glad she's with her kids. I hope she's making the best of her life.
Sloan Glass
But she does have one question for Cindy.
Cynthia Vigil
The only thing I want to revisit is if David ever told her where any of the bodies were at.
Sloan Glass
As for the other living survivor, Kelly Garrett, I'm just existing.
Witness/Expert
I'm not living. Some days are just harder than others. But I have mostly good days now.
Sloan Glass
Like Cynthia, she's also working for a nonprofit.
Witness/Expert
I am a coordinator for a little program called Heartfelt Destinations, and we take people to doctor's appointments. We are nonprofit. We get our money from grants. Our clients don't have to pay anything. It's a free ride.
Sloan Glass
Kelly has turned her experience into her purpose.
Witness/Expert
Sometimes we're counselors. Sometimes they don't get good results. You have to be compassionate and understanding. Feels good. I like helping people, especially on the days I can't get out of bed.
Sloan Glass
There's links in the show notes to the nonprofits we talked about in this episode.
Alex Tomlin
I mean, women are amazing, right? We bring life into this world. We are strong. And those two women embody that. They stood up to a monster.
Sloan Glass
For TV reporter Alex Tomlin, Kelly and Cynthia are heroes.
Alex Tomlin
They survived him. They faced him head on, and they put his ass away. And that has to at least be some type of justice for them.
Sloan Glass
Prosecutor Jim Yons helped put David Parker Ray behind bars. He uses this case as a warning.
Lee McMillan
If anything comes out of the case for the good, I hope it's that people realize that there are monsters out there.
Sloan Glass
More than a quarter century has passed since Cynthia Vigil escaped the toy box running towards freedom naked with a metal dog collar around her neck, and 22 years since David Parker Ray died in jail of a heart attack. Nevertheless, the story continues to haunt the towns of truth or consequences and elephant beaut even to this day. Sitting in the parking lot of the Albuquerque FBI office is David Parker Ray's toy box.
Lee McMillan
The town has changed. It's just not as close knit a community as it used to be simply because they had a monster in their midst and they didn't know it.
Sloan Glass
Next time on American Homicide. When the wife of a prominent religious leader is murdered, the search for the killer will uncover layers of secrets that would shake a town to its soul. I'm Sloan Glass. Join me as we head to Cherry Hill, New Jersey for the story of Carol Nylander. That's next time on American Homicide.
You can contact the American Homicide team by emailing us@AmericanHomicidePodmail.com that's AmericanHomicidePodmail.com American Homicide is hosted and written by me, Sloan Glass and is a production of Glass Podcast, a division of Glass Entertainment Group in partnership with I Heart Podcasts. The show is executive produced by Nancy Glass and Todd Ganz.
The series is also written and produced.
By Todd Ganz with additional writing by Ben Federman and Andrea Gunning. Our associate producer is Kristen Melcuri. Our ihearti is Ali Perry and Jessica Krynchak.
Audio editing and mixing by Matt D'Alvecchio, Dave Saya and Brit Robichaud. Additional editing support from Nicaruka, Tanner Robbins and Patrick Walsh.
American Homicide's theme song was composed by Oliver Baines of Noiser Music Library, provided by My Music. Follow American Homicide on Apple Podcasts and please rate and review American Homicide. Your five star review goes a long way towards helping others find this show. For more podcasts from iHeart, visit the iHeartRadio app, Apple Podcasts or wherever you get your podcasts.
Narrator
From. Audio up the creators of Stephen King's Strawberry Spring Comes the Unborn A Shocking True Story.
Sloan Glass
My babies. Please My babies.
Narrator
One woman, two Lives and a sequel she would kill to protect.
Witness/Expert
She went crazy. Shot and killed all her farm animals. Slaughtered them in front of the kids. Tried to burn their house down.
Narrator
Listen to the unborn on the iHeartRadio app, Apple Podcasts, or wherever you get your podcasts.
Sloan Glass
Hi listeners, I'm Sloan Glass, host of the American Homicide Podcast, and I'm excited to share this riveting story with you. I'm also excited to tell you that you can now get access to all episodes of season one of American Homic 100% ad free and one week early through the iHeart True Crime plus subscription, available exclusively on Apple Podcasts. Plus, you'll get access to other chart topping true crime shows you'll love, like the Girlfriends Betrayal There and Gone, South Street, Creating a Con, the Story of Bitcont, Paper Ghosts, Piketon Massacre, Murder Homes, and more. So don't wait. Head to Apple Podcasts, search for IHEART True Crime plus and subscribe today.
American Homicide: S1E8 – The Toy Box Killer, Part 3
Introduction
In Episode 8 of Season 1, titled "The Toy Box Killer, Part 3," American Homicide delves deeper into the harrowing case of David Parker Ray, infamously known as the "Toy Box Killer." Hosted by Sloan Glass, this episode unpacks the intricate details of Ray's second trial, explores the psychological and legal battles involved, and examines the lasting impact of his crimes on the community and his victims.
Background of David Parker Ray
David Parker Ray was a seemingly ordinary mechanic from Elephant Butte, New Mexico, whose charming demeanor masked his dark and sadistic nature. Ray constructed a soundproof trailer he referred to as the "Toy Box," where he kidnapped, tortured, and sexually assaulted his victims. Despite suspicions and FBI investigations suggesting he may have been responsible for over 45 murders, Ray was never charged with murder due to the absence of physical evidence—no bodies were ever found.
The Second Trial: A Battle for Conviction
After a mistrial in 2000 due to a hung jury, Ray faced retrial in the spring of 2001. Lee McMillan, Ray’s second lawyer, took on the formidable task of defending a client who was both methodical and disturbingly amiable.
Defense Strategy: Questioning Credibility and Consent
McMillan aimed to dismantle the prosecution’s case by undermining the credibility of the victims and portraying the interactions as consensual. At [03:32], McMillan stated:
“David Parker Ray was a man who believed himself to be Satan himself, or at least a demonic presence on earth to advance the Satanic agenda.”
He further argued that the graphic evidence presented by the prosecution was nothing more than Ray's twisted fantasies portrayed as consensual activities.
Prosecution’s Counter: Forensic Evidence and Victim Testimonies
Prosecutors focused on the harrowing testimonies of Ray’s victims, particularly Kelly Garrett. Sloan Glass notes:
“Kelly shared her painful memories of what happened in David Parker Ray's toy box... The jurors, comprised mostly of farmers, were visibly horrified as Kelly recounted the chilling details.”
A pivotal moment came when the prosecution played a six-minute video of Kelly Garrett restrained in the Toy Box, compelling her to identify herself on the tape:
“After the six-minute clip finished playing, prosecutors asked Kelly if she recognized the woman on the tape. After wiping away a steady stream of tears, Kelly said, 'That's me.'" [08:10]
Judge Kevin Swayze’s Influence
Judge Kevin Swayze, a rancher unfamiliar with the nuances of sexual assault cases, played a crucial role in the retrial by allowing an edited version of Ray’s notorious orientation tape to be admitted as evidence. This decision provided the jury with explicit insights into Ray’s methodologies that earlier, inadmissible evidence could not convey.
Key Testimonies: Victims and Their Families
Kelly Garrett’s Testimony
Kelly Garrett’s account was both compelling and traumatic. She detailed her abduction by Ray and his daughter Jessie Ray, her time in the Toy Box, and the psychological torment she endured. Her testimony was so powerful that it left jurors visibly shaken.
Patrick Garrett’s Emotional Testimony
Kelly’s ex-husband, Patrick Garrett, provided a poignant testimony reflecting on his initial disbelief regarding Kelly’s disappearance. Initially suspecting infidelity, Patrick expressed deep remorse for not believing her earlier:
“Patrick wiped away tears as he explained that he annulled their marriage. A few days after David Parker Ray dropped Kelly off...” [08:45]
Verdict and Sentencing
After deliberating for just over five hours, the jury found David Parker Ray guilty on all 12 counts of abducting and sexually torturing Kelly Garrett [15:12]. Despite Ray’s continued claims of consensual interaction, the overwhelming evidence and emotional testimonies led to a maximum sentence of 224 years in prison.
David Parker Ray’s Final Days
Ray’s sentence was the culmination of a grim chapter, but his story was far from over. In May 2002, Ray expressed a willingness to cooperate with the FBI, intending to divulge information about his purported victims. However, before this meeting could occur, Ray died of a heart attack at the age of 62, effectively silencing potential revelations about the missing women [21:41].
Aftermath and Community Impact
Missing Bodies and Lingering Questions
The absence of discovered bodies left many questions unanswered. Speculation abounded, particularly regarding Elephant Butte Lake, where numerous tires filled with cement were found:
“He used to fill these really large tires with cement and dump them in the lake... I think it's the missing women.” – Alex Tomlin [23:46]
Despite extensive searches and renewed investigations, no bodies were ever found, leaving the case shrouded in mystery and continuing to haunt the community.
Reputation and Tourism
The notoriety of Ray's crimes severely impacted Elephant Butte and Truth or Consequences, damaging local businesses and deterring tourism. A local newspaper highlighted community frustration:
“One bad apple shouldn't spoil the rest of the bunch, but the damage was done.” [26:18]
Current Status of Accomplices
Ray’s accomplices, including his daughter Jessie Ray and girlfriend Cindy Hendy, remain free. Jessie received a plea deal that spared her additional prison time, while Cindy, released in 2019 after serving 20 of her 36-year sentence, moved to Montana. This outcome has sparked outrage and concerns about public safety:
“It's probably the one thing that irritates the hell out of me about this case is that those two today are walking the streets free.” – Darren White [29:35]
Impact on Lee McMillan
The case profoundly affected Ray’s attorney, Lee McMillan, leading to personal and professional turmoil. McMillan reflects on confronting what he perceives as pure evil:
“This is my first and probably only contact in my life with pure evil. And it made me believe in the incarnation of pure evil.” [23:17]
Victims’ Resilience and Advocacy
Cynthia Vigil’s Courage
Cynthia Vigil, another of Ray’s victims, managed to escape the Toy Box, providing crucial testimony that ultimately led to Ray’s conviction. Today, she channels her trauma into advocacy through her nonprofit, Street Safe New Mexico, supporting victims of sex trafficking, homelessness, and addiction.
“Letting them know that they're not victims, they're survivors... Once you take that power back, you're not a victim, you're a survivor.” – Cynthia Vigil [34:22]
She also seeks answers about the possible locations of other victims, questioning her accomplice Cindy Hendy:
“The only thing I want to revisit is if David ever told her where any of the bodies were at.” [35:18]
Kelly Garrett’s Advocacy
Similarly, Kelly Garrett dedicates her life to helping others through her work with Heartfelt Destinations, providing free transportation for those in need.
“I like helping people, especially on the days I can't get out of bed.” – Kelly Garrett [35:43]
Prosecutor Jim Yons and Community Voices
Prosecutor Jim Yons emphasizes the importance of recognizing the existence of monsters like Ray to prevent future tragedies. Community members like Darren White express lingering distrust and fear, highlighting the lasting scars left by Ray’s actions.
Conclusion
Nearly a quarter-century has passed since David Parker Ray was convicted, yet the shadows of his crimes persist in Elephant Butte and beyond. The unresolved questions, especially the missing bodies, continue to provoke fear and speculation. Victims like Cynthia Vigil and Kelly Garrett have transformed their suffering into powerful advocacy, striving to ensure that no other survivors remain voiceless.
As Sloan Glass concludes the episode, he highlights the enduring legacy of Ray’s crimes and sets the stage for future investigations into other chilling cases.
“More than a quarter century has passed since Cynthia Vigil escaped the toy box... Nevertheless, the story continues to haunt the towns of Truth or Consequences and Elephant Butte even to this day.” [37:05]
In the next episode, American Homicide will explore the tragic murder of Carol Nylander in Cherry Hill, New Jersey, promising to uncover more layers of secrets and lies that shook a community to its core.
Notable Quotes with Attribution and Timestamps
Lee McMillan (Defense Attorney):
Cynthia Vigil (Victim and Advocate):
Darren White (Department of Public Safety):
Alex Tomlin (TV Reporter):
Final Thoughts
"The Toy Box Killer, Part 3" offers a compelling and disturbing examination of one of New Mexico's most notorious crimes. Through meticulous storytelling and poignant interviews, American Homicide not only recounts the events but also pays homage to the resilience of the survivors. This episode serves as a testament to the enduring quest for justice and the human spirit's capacity to overcome unimaginable darkness.