Justine Vanderschoot // 538

Summary

Going West: True Crime

Episode 538 – Justine Vanderschoot

Hosts: Daphne Woolsoncroft & Heath Merryman
Release Date: September 16, 2025

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Overview

In this gripping episode, Daphne and Heath explore the devastating case of Justine Vanderschoot, a bright and joyful 17-year-old from Auburn, California, who disappeared over Labor Day weekend in 2003. The episode provides a thorough chronology of the events leading up to her disappearance, the frantic search, and the shocking revelation that she was murdered by those closest to her. This case stands out for its combination of small-town trust, chilling premeditation, and the ultimate betrayal, as Justine was buried alive by her boyfriend and his best friend.

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Key Discussion Points & Insights

1. The Disappearance

• Justine’s Background ([04:07]–[07:32]):
  • Born in 1986 in Napa, CA; close-knit family in Auburn, Placer County. Vibrant, active life as a cheerleader, athlete, and creative teen.
  • “Her sister described her as the life of the party... always up for an adventure.” — Daphne [04:29]
• Labor Day Weekend ([11:37]–[13:51]):
  • The family spent the weekend at their summer house. After returning, Justine enjoyed a barbecue with family and boyfriend, Danny Besmer.
  • The next morning, her mother found Justine missing. Her truck was gone, but personal belongings like her purse, license, and credit card remained.
  • The front door was open and the family dog was laying on the bed instead.

2. Search & Initial Investigation

• Community Response ([14:35]–[17:44]):
  • Widespread searches by police, friends, family, and community.
  • Missing persons posters and a $20,000 reward were quickly disseminated, with posters bearing Justine’s favorite pink ribbons.
• Discovery of the Truck:
  • Justine’s silver pickup was found at a “park and ride” five miles from home, near Interstate 80, leading to speculation about abduction vs. runaway scenarios.

3. Key Suspects Emerge

• Questions about Danny ([17:44]–[21:13]):
  • Danny (boyfriend) displays concern in public but quickly tries to divert suspicion, hinting at a male friend in Florida and reporting suspicious activity on his credit.
  • Police find Danny’s account doesn’t add up and soon focus on both him and his roommate/best friend, Brandon Fernandez.
• Alarming Red Flags:
  • Reports from Justine’s friends highlight Danny’s controlling, jealous behavior—he allegedly monitored her communications and was intensely possessive.
  • Chilling premonition:

    "I don't know if I ever break up with him, if he'll ever really let me go." — Justine to a friend ([20:59])

4. Brandon Fernandez & Internet Clues ([21:13]–[23:32])

• Discovery that Brandon ran disturbing, morbid websites ranking violent deaths and animal cruelty, suggesting a dark fascination.
• The duo’s alibi—that they were together alone in their apartment—raises police suspicions, lacking any outside corroboration.

5. Break in the Case: Contradictions & Confessions ([29:19]–[34:27])

• Crucial Witness: Brandon’s cousin Clayton reveals that the suspects were not home alibiing each other, as claimed, but absent for much of the night.
• Undercover Sting ([31:30]):
  • Clayton, wired by police, records Brandon pleading with him to lie about their whereabouts.
• Brandon’s Confession ([33:03]–[34:27]):

  • Admits Justine was murdered, claiming Danny orchestrated it and pressured Brandon into silence, but distances himself from direct involvement.

    “He admitted that Justine had been murdered and he actually begged the detectives to keep him safe from Danny.” — Daphne [33:09]

6. The Chilling Murder ([34:27]–[40:42])

• Timeline of Events:
  • Brandon claims the trio drove to a secluded area under the pretense of stealing weed plants.
  • A bizarre mixed CD with spliced recordings of Justine’s phone calls was played during the drive, possibly to emotionally torment her.
  • Danny allegedly strangled and tased Justine; her last words were, heartbreakingly:

    “Danny, I love you.” — Justine (as told by Danny, [40:04])

• Burial & Aftermath:
  • The perpetrators poured chemicals (said to quicken decomposition) over Justine and into her throat, then buried her in a shallow grave—evidence later suggested she was still alive when buried.

7. Discovery & Evidence of Premeditation ([41:35]–[43:44])

• A horseback rider noticed a freshly dug, grave-sized hole days prior to her killing, indicating the murder was pre-planned.
• Police investigation concluded Brandon had purchased cleaning supplies and had tools provided to dig the grave—damning evidence of conspiring and plotting.

8. Motive & Relationship Dynamics ([43:44]–[50:30])

• Danny’s Obsession: Jealousy and possessiveness fueled by a perceived betrayal (a male friend Justine met during spring break in Florida).
• Brandon’s Role: Hatred toward Justine after being distanced from his best friend, supportive of Danny’s bitterness, with a documented capacity for violence and cruelty.
• Victims of Abuse: Both Justine and Brandon’s girlfriend, Lindsay, confided about their emotionally abusive, toxic relationships—both discussed wanting to break up just days before the murder.

9. The Autopsy & Final Horrors ([50:30]–[53:22])

• Postmortem Results: Indicate Justine was buried alive; her lungs and throat were packed with dirt, and corrosive chemicals were present in her body.

  “Justine was not dead when she went into the ground... her esophagus and lungs were caked with dirt.” — Daphne [51:32]

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Notable Quotes & Memorable Moments

• “Red flags are obviously flying for police. They think Danny is extremely suspicious.” — Daphne [21:13]
• “I don’t have to deal with her anymore. My life is now free. I win. I win.” — Recounted by Brandon, quoting Danny during the murder ([35:47])
• On the pre-dug grave:

  “When that guy was out there on that trail riding his horse and saw that hole in the ground, that was what they needed. That premeditation...” — Heath [54:42]

• “It's like that 38 Special song, you know, 'Hold On Loosely, But Don't Let Go.' ... This guy is gripping her so tight that she wants to go.” — Heath [45:39]
• When discussing the call for parole opposition:

  “A petition opposing the release of Brandon Fernandez received over 22,000 signatures in the name of justice for Justine.” — Heath [53:22]

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Timeline of Important Segments

• Justine’s early life and disappearance: [04:07]–[13:51]
• Truck found/early investigation: [14:35]–[17:44]
• Danny as a suspect, control issues revealed: [17:44]–[21:13]
• Brandon’s disturbing online activity: [21:13]–[23:32]
• Crucial clue from phone records: [23:32]–[24:40]
• Cousin’s testimony, breaking alibi: [29:19]–[31:30]
• Brandon’s confession & details of the murder: [33:03]–[40:42]
• Evidence of premeditation via dug grave: [41:35]–[43:44]
• Toxic relationship dynamics & motive: [43:44]–[50:30]
• Autopsy findings—buried alive: [50:30]–[53:22]
• Legal outcomes, parole hearings: [53:22]–[55:55]

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Legal Outcome & Ongoing Impacts

• Sentences:
  • Danny Besmer: 25 years to life for first-degree murder (pled guilty, 2005)
  • Brandon Fernandez: 15 years to life for second-degree murder (pled guilty, 2005)
• Parole Challenges:
  • 2017: Brandon’s parole denied after extensive public opposition ([53:23])
  • 2018–2024: Brandon attempts resentencing under new state law; evidence from Danny and recovered tools used to prove premeditation.
  • As of 2025, both men remain in prison.

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Final Reflections

Daphne and Heath close by expressing their horror at the case’s brutality and the betrayal of trust by those who were closest to Justine. They remind listeners about the warning signs of controlling relationships and the importance of supporting those trying to leave.

“What a tragic story over jealousy.” — Heath [56:37]
“If you have a case you want us to cover, please email us … and head on over to our socials to see pictures of Justine.” — Daphne [56:59]

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Summary

This episode masterfully unpacks a haunting true crime where a teenager’s trust in her boyfriend and his best friend is weaponized against her, resulting in an unthinkable betrayal and a torturous death. Through personal accounts, legal detail, and careful focus on the investigation, the hosts shine a light on toxic relationships, the danger of dismissing red flags, and the devastating ripples left behind for loved ones and communities alike.

Transcript

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[Heath]

What is going on? True crime fans, I'm your host, Heath.

[Daphne]

And I'm your host, Daphne.

[Heath]

And you're listening. I don't know why I'm laughing.

[Daphne]

I was like, did I say the wrong name?

[Heath]

No, you didn't. I don't know. He's got the giggles. I'm just in a giggle mood today. And you're listening to Going West.

[Daphne]

Thank you guys so much for tuning in.

[Heath]

Hello.

[Daphne]

Big shout out to Haley and Savannah for recommending today's case. I'll say up front, this one is solved. Somebody commented on our Spotify recently and was like, I'm out, guys. Like, you guys only do unsolved cases now. And I was like, what? Because we do both.

[Heath]

We try to do both.

[Daphne]

We try to do both. But like, you know, sometimes he and I really love focusing on unsolved cases because that means that, you know, we're pushing out a story that needs more attention. But, you know, we do. You do both. Today we have a solved once for you.

[Heath]

Yeah. For once.

[Daphne]

But yeah, thank you guys, for tuning in. This one is wild. And I also want to let you guys know, actually before we dive into it, that we have a new merch line coming out very, very soon. We're about to get samples for it and it's looking so good.

[Heath]

Oh, yeah. I think you guys are gonna absolutely love the new merch.

[Daphne]

We haven't had merch in a while. The company that we were using before just didn't work and a lot of you guys had a bunch of issues with it because they weren't doing their thing getting you the merch. And we felt so bad. This is now going to be a very reliable system and we're going to have some great items for you if you're interested. Right in time for the holidays.

[Heath]

The holidays? Yeah.

[Daphne]

For the gift givens of the Going west listeners, you know.

[Heath]

Well, without further ado, my friends, this is episode. Geez, I got to look. Let's see what episode this is. This is episode 538 of Going West West. So let's get into it.

[Daphne]

In September of 2003, a 17 year old girl vanished from her family's home in Placer County, California. Her truck was missing from the driveway, but her purse and belongings were still inside the house, as if she had simply stepped out and disappeared into the night. As days turned into weeks, suspicion began to circle closer inward. And when the truth emerged, it would shock and devastate everyone who knew her. Especially when they learned that she had been buried alive. This is the murderer of Justine Vandershute. Justine Vandershoot was born on March 30, 1986 in Napa, California to loving parents Lynette and Don Vandershute, joining an older sister, Christine, who is a year and a half older. So they were very close in age and incredibly close in their relationship as well. Since childhood, Justine was described as joyful. She was always up for an adventure. Her sister described her as the life of the party. And she had a very, you know, like idealistic 90s childhood. Whether she was skateboarding down the streets of her suburban neighborhood or hitting home runs on the baseball field, she was always on the go. She had a ton of friends. And to give even more of a visual here of her neighborhood, the area she grew up, Justine and her family lived in the city of Auburn, California. That's located in Placer county, which sits just like north east of California's capital, Sacramento. And we have talked about Placer county at least a couple times on Going west for cases like Kylie Rodney, we covered that A couple years ago, also Sherilyn Hockley. But Auburn specifically is a small, quaint city that's rich in Gold Rush history. It hosts endless trails for outdoor activities like mountain biking and horseback riding in the mountains. It's a big wine area.

[Heath]

Oh, yeah, you got Napa right there with all the different wineries over there.

[Daphne]

Yeah, I mean, California in general, so great. Especially when you get out in that, you know, northern. More northern, more central, because you're. It's so rural and it's more lush and.

[Heath]

Yeah, beautiful.

[Daphne]

Beautiful. Yeah.

[Heath]

It's like the mix between California and Oregon, really.

[Daphne]

Totally. So that's why I love Northern California, really. So on top of living there, the Vandershoots also had a vacation home in the picturesque Sierra mountains of California. You know, like Sierra Nevada, which is, I think, like an hour away from Yosemite, but just a few hours drive from their house. It's like a 4ish hour drive. So Justine was very close with her parents and her sister. So the family often would enjoy time away at their second home together to, you know, get some fresh air, enjoy some outdoor activities. They did a lot of, like, family stuff together.

[Heath]

I love that. I want that. I want to. I knew you were gonna laugh about that. I want that. Give me, give me a. Give me a lake house in the Sierras, baby. I'm down.

[Daphne]

I'm down, too. In high school, Justine was a cheerleader. You know, like I said, she also did play some sports. She was kind of just an active girl in general, but she also loved her fashion and her beauty. You know, she often experimented with different makeup looks and hairstyles and clothing to express herself. All overall, I would say she was a very creative teen. And she actually had a desire to work in the fashion and beauty industry someday. That was her goal. Now let's talk a little bit about her friends, or at least one friend in particular, or I'll say. I don't even know if I'd call.

[Heath]

Them friends, Acquaintances maybe.

[Daphne]

Yeah, somebody that, like, mostly her sister knew because this guy was her sister's age in her grade, and was kind of introduced into Justine's world because of that. So let's go to 2001. This is Christine's 17th birthday. That's Justine's older sister. At this point, Justine would be 15 years old, or 15 and a half, if you will. And their family hosted a pool party for her, for Christine. And at that pool party was this friend I'm talking about, Brandon Fernandez. Almost forgot to mention, almost forgot to.

[Heath]

Name him yeah, who are we talking about?

[Daphne]

Okay, so Brandon was at this party and he had an idea. He wanted to introduce Christine to one of his friends, his really good friend named Daniel Besmer, who went by Danny. When Danny arrived at this party, it was clear that he actually clicked with Christine's younger sister, Justine. Cuz the two hit it off immediately. And Danny, like Christine, like Brandon, was 17, but despite being in different grades, only a couple years apart, they became inseparable and they fell fast in love. And I will, of course, we will post photos on our socials for you guys to see. You know, there's one that's like very classically early 2000s. Justine had had red hair, but it was streaked, you know, like bleached streaks. Yeah, just like with the streaks. Say streaks again. Daphne and Danny had that like kind of boy band haircut, you know?

[Heath]

Yeah, everybody flipped up the front, you know, with the, like the. The tips.

[Daphne]

Okay, but did you. Have you seen that picture? It's like. It's like at a school dance and there's that shimmery. The shimmery streamers behind them. And he has the middle part, kind of like almost giving Chad Michael Murray in the 90s, like the brink days.

[Heath]

Oh, yeah. So.

[Daphne]

No, that wasn't Chad Michael Murray. Who the hell was that?

[Heath]

I don't know, but whoever it was, the one that looks like, I forget his name, but I know who you're talking about. The kid that was in Brink. Yeah, who the hell is that? I mean, just picture like that late 90s, early 2000s kind of vibe that they had going on there. Because, you know, there was. There was that style. There was that style.

[Daphne]

Yes. And this doesn't matter at all. Was it Ryan Merriman?

[Heath]

No, no, no. He's. He's the kid from Luck of the Irish, the Disney Channel original.

[Daphne]

Derek Von Derek.

[Heath]

No, Eric.

[Daphne]

Eric, Eric. Yes, Sorry. So absolutely irrelevant, but now you guys have a visual of this one frigging picture of them that doesn't even matter. Sorry for the tangent, but yeah, just to tell you, they were this happy, normal teenage couple. But anyway, so naturally, Danny spent a lot of time at the Vandershoot home with Justine. He became extremely close with the whole family. And her sister Christine felt like Danny was almost like a brother to her. And their dad, Don even helped Danny score a job at the car dealership where he worked. So, like, everybody's really involved with Danny. They know him super well. I mean, these high school sweethearts even tossed around the idea of potentially getting married someday. But Two years into their relationship, a horrific thing would be done over a holiday weekend that would change everything.

[Heath]

So the first weekend of September 2003 was Labor Day weekend, and the Vandershoots were celebrating the long weekend like many Americans do. On Monday, September 1st, they had just returned home after spending the weekend at their summer house in the Sierras. But they kept the party going because at home in Auburn, Justine's dad, Don, turned on the barbecue out back to have kind of a cookout with his family. It was him, his wife, Lynette, Justine and Danny all enjoying some food and some time together in the sun. It actually got up to nearly 100 degrees Fahrenheit. So a very hot late summer day in California. When evening came, Lynette kissed her daughter on the head, said good night, and Justine headed into her room for some much needed sleep after a really fun weekend. Then the next morning, Tuesday, September 2nd, Lynette woke up early, prepared to head back to work. But just before leaving the house at around 5.30am, she opened her daughter Justine's bedroom door and noticed that the family dog was laying on her bed. But as she looked closer, she noticed that Justine was not in her bed. The bed was otherwise empty, aside from the family dog. So she was immediately concerned because at this point, Justine is 17 years old. She had just started her senior year in high school. So her being gone on a school morning with no warning whatsoever was just unusual, especially because her mom had just seen her before she went to bed the night before. So Lynette made her way to the front of the house and noticed that the front door was open. And when she peered into the driveway, she saw that Justine's truck was not there. So now Lynette's fear is kind of deepening. She's sensing that something is really off here, that something possibly bad could have happened. Well, on top of her being missing, Justine's purse containing her driver's license and gasoline, credit card were still at home. So it just kinda didn't really make sense that she had driven off somewhere.

[Daphne]

Yeah, and it's confusing because she's like, did she leave? Did she just go somewhere? Did she go somewhere last night? Like, she has no frame of, like, reference for the timeline. She just, like she has no idea where she went and when she went there, if she even did, if somebody took her, if she went willingly. Like, there's just. It's so confusing.

[Heath]

But the most important piece of information here, remember, is that at 5:30 in the morning, Justine is gone. So sometime before that she left the house. So her horrified parents reported her missing to the police immediately. And it would not take long before the news of 17 year old Justine Vandershute's disappearance made its way through the suburbs of Auburn.

[Daphne]

Police search and rescue teams urgently swarmed Placer county looking for any trace of Justine, while her family and friends also put boots on the grounds themselves. They organized their own search parties in the area, and the community flocked to support the Vandershute family. T shirts with photos of Justine were distributed quickly as it became clear that Justine hadn't just stepped out of the house, but that something had happened. And also, missing persons posters showcasing a $20,000 reward were plastered all over Auburn. Each poster hung was adorned with a pink ribbon, which was Justine's favorite color. And her parents bravely spoke to the press, begging their daughter to come home. So there was a massive effort on all fronts. You know, family, friends, neighbors, police, and Justine's boyfriend Danny, all paraded around town, desperate for any sign that proved she was safe. Local news stations kept tabs on the mystery of this missing teen. But her story was also being shared far and wide. And in the first week of the search, a concerning break in the case unfolded. Justine's silver pickup truck was spotted at a park and ride, which for those who don't know, it's like a place for people to park their car before they take public transportation. Like, let's say you need to go take a bus, you park the park and ride, and then you get on the bus or the shuttle to go wherever you gotta go. So that was kind of a weird place to find her car. You know, obviously it led for a moment police to wonder if she had run away, if she had parked here and then she got on a bus somewhere, right? And this park and ride, by the way, was only five miles from her home where she was last known to be seen. So near the park and ride was this dry, hilly brushland. So of course, investigators are going to look in the vicinity of where her car was found to see if she got out, if somebody had utilized that area to bury her after they killed her. Like, they're just trying to figure out, is she near her car? So they're taking cadaver dogs and they're looking all through this brush land, but there was no sign of her. There was no evidence that she was there. None of her belongings were there. So they kind of look back at where her car was found, and of course they notice that it's right by Interstate 80, which is a Popular highway that spans throughout the entire country. It is the second longest interstate in the US So then they're wondering, did she park here just to get into somebody else's car? And she could be anywhere in the country. Like they have no idea what to think here. But of course, just going back to the fact that her purse was left behind, they're also wondering, well, where could she have gone? Who would she be with? Why would she leave? Why would she leave her stuff behind? Like, there's so many questions.

[Heath]

Well, early in the search for Justine, after this brief assumption of the runaway theory dissipated, Police interviewed Justine's 18 year old boyfriend, Danny. Now, he was visibly concerned by her disappearance. He was holding up framed photos of them together. In interviews, he showed paperwork for an engagement ring appraisal, I guess a ring that he was going to buy for her. And when police asked where he was the night that she went missing, he said that he had gone home after the barbecue with her family and went to sleep in his own bed. But he also mentioned something pretty curious to police. He explained that Justine had a male friend in Florida, so across the entire country, suggesting that he might have had something to do with her disappearance. Danny even gave investigators this guy's name and they ran with that lead. Around this time, Danny also told press in an interview that he received a call from a phone number in Florida saying, there's been an inquiry. To my credit in Florida, someone tried to get a credit card there. And I'm really hoping it's just Justine.

[Daphne]

Which is a really weird thing to say and to have happen anyway that like you, somebody's trying to get a credit card in your name and you think it's her.

[Heath]

Yeah.

[Daphne]

She has not told you that she's run away. Like that just feels really concerning.

[Heath]

I mean, it's, it's very clear that he's trying to point police in a certain direction. Right. So police dug and they dug, hoping that this lead would kind of be, you know, fruitful for them. They did prove that this man was real and that he did know Justine, but he was nowhere near California on the night she vanished and didn't even know what happened to her. He also denied her coming to see him. So after extensively investigating this guy in Florida, police had to go back to the drawing board a bit. And since they had nothing to prove that she was deceased and her car was at this park n ride, her family and friends held a candlelight vigil for her, expressing their beliefs that she was possibly still alive. And they actually believe that she might have been being held captive somewhere and that she would return home safe. You know, they're just, they're just, at this point, you know, they're just, they're trying to be optimistic here. But investigators were not so sure. Law enforcement were working hard to find Justine, and they remained extremely weary of her boyfriend, Danny. The Florida guy story that he told really didn't add up. And that same week, they received some other information. In the days after she went missing, investigators and police were contacted by several of those close to Justine who shared in depth insight on her two year relationship with Danny. They detailed his intense jealousy and controlling behaviors and explained that over the course of their relationship, Dani started to dictate who Justine could and couldn't hang out with. He monitored her communications with friends, and he also regularly checked her flip phone to see who she was talking to. So naturally, Justine had started to feel smothered by her boyfriend. And prior to disappearing, she apparently told a friend, I don't know if I ever break up with him, if he'll ever really let me go.

[Daphne]

So red flags are obviously flying for police. They think Danny is extremely suspicious, but they felt that if he did do something to her, that he might have had help, specifically from his best friend, Brandon. And you'll recall that Brandon is the one who originally introduced Justine and Danny back in 2001, when Brandon actually wanted to set up Dani with Justine's older sister, Christine. So in mid September of 2003, just a couple weeks after Justine vanished, the police and many members of the community were still tirelessly searching for her, with still no signs other than, of course, her car. But police persevered on that Danny Brandon angle, and they uncovered a disturbing discovery on Brandon's computer that raised even more red flags. So Brandon was kind of like a techie computer guy. And even in the early 2000s, he had created some websites, websites that were super freaking morbid. Like they would rank photos of violence and death, even violence against animals.

[Heath]

Yeah, this was a time where the Internet was really starting to pop off. And there were some really weird dark web area or dark areas of the web. And this guy Brandon is the one that's kind of perpetuating some of these sites. Like he's putting up violent deaths that you can rank.

[Daphne]

Yeah, it's just, it's gross and it's like fucking weird. It was just there. Yeah. Really? So. So they figure out that he does this, and I feel like that kind of gives a really good peek into what kind of person he is. Like, you And I wouldn't do that.

[Heath]

Yeah. That's not something I would be interested in doing.

[Daphne]

No. Or looking at. So when police question them, they both said they were home that night, but they were together because Brandon and Danny lived in an apartment together. They were actually roommates. So their alibi was each other. And that's.

[Heath]

Yeah, it's like, oh, hey Brandon, where was Danny last night? Oh, he was with, he was with me. Yeah. And it's like vice versa.

[Daphne]

The fact that they're both being questioned, it's like, obviously that doesn't feel very trustworthy. That's like, oh, you guys were together and that's your only alibi. The only person that can confirm that you were home is the other person that we're, we're interested in for this.

[Heath]

Not strong enough.

[Daphne]

Yeah. So it's kind of like, ah. So they, they have to do a lot more digging because they're, they're feeling like they're lying about something or that they're hiding something. So here's another thing. When police checked Justine's cell phone records from the night of September 1st, the night that she went missing, or you know, she went missing the night of the first, early morning hour of the second or hours of the second. And in her phone records, police found that her phone was turned off or it died in the area where her truck was later found at the park and ride. And just before her phone was turned off, she received two incoming phone calls, both of which were from Brandon Fernandez.

[Dancing with the Stars Announcer]

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[Daphne]

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[Heath]

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[Daphne]

Ever since switching to T Mobile, something weird has been happening. I get to cut lines.

[Heath]

Oh, right this way.

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[Daphne]

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[Heath]

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[Daphne]

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[Heath]

Two weeks after Justine disappeared, the FBI became involved in the case, and they agreed with local police that they had these two suspects, Danny and Brandon. Now, Brandon was 19 at this time, and Danny was just weeks away from turning 19 because his birthday was actually in October. So they questioned Brandon, and Brandon spun a story that on September 1, which was labor Day, he was out with some colleagues jet skiing. Then he went home and stopped by a store to get vitamins because he was coming down with a flu. On the way home, Brandon said that he got pulled over for running a stop sign and accidentally called Justine's phone. Twice. Yeah, twice. Two times before going back to his apartment and falling asleep. Well, as with Danny and Danny's alibi, we know that earlier in the evening of September 1st, Danny was with Justine and her parents at their home having that Labor Day barbecue. Then Danny said afterwards he went home, and he also went to sleep, as we know. But there was a major issue with their alibis because both men claimed that after arriving home, it was just the two of them and they separately went to bed. However, a tip came in that would flip this story on its ass. Police received a call from Brandon's cousin Clayton, who claimed that he and a friend stayed over at Brandon and Danny's shared apartment that night, which neither Danny nor Brandon mentioned, probably because Clayton said that both Brandon and Danny left the apartment and didn't arrive home until the early hours the next morning.

[Daphne]

Huh.

[Heath]

Yeah. Pretty suspicious.

[Daphne]

So they weren't sleeping alone in their separate bedrooms in their apartment. They were gone.

[Heath]

Yeah, and this is kind of weird, too, because it's like Clayton and his friend are just, like, hanging out at Brandon and Danny's apartment, and they're not even there.

[Daphne]

Yeah. Which is which? I don't know. I have a lot of questions as we could talk about this later, like why? You know what? I won't say it now, because then it'll be a kind of a spoiler.

[Heath]

Okay, keep going. Wait. We'll put a pin in that. So law enforcement asked Clayton if he could possibly help them you know, like a little bit further. They want a little bit more from Clayton, so they asked if he could call Brandon and secretly record the phone call. Just trying to get a possible confession out of Brandon. And guess what? Clayton agreed. He agreed to do this. So he called Brandon while the police were listening in. And Brandon could be heard begging his cousin to lie to the cops about being at his apartment that night. He didn't say anything else incriminating, like he didn't bring up Justine specifically or what he did or didn't do, but that felt like enough for police to keep pushing. So on September 17, 2003, Brandon was brought in for another round of questioning. And the call between he and his cousin Clayton was played aloud for him to hear at the station. And I love this because it's like they're like, oh, what's this about? What's this about, buddy?

[Daphne]

And he even said, you know, because they're obviously using this as part of a, like a gotcha moment. And so then the detective just looks at Brandon and says, have you ever seen anyone die, Brandon? And we'll post a screen grab from this. It's like, from the. The interrogation room, like, corner camera, like the security camera. And he's like, sunken in his chair. You know, when, like, your. Your back is almost on, like, the butt of the seat. Yeah, the seat of the seat.

[Heath]

Yeah. He's kind of cowering.

[Daphne]

Yeah. And he's, like, playing with his fingers, you know, I'm thinking he probably knows. Shit, I'm caught. And after pausing, Brandon said yes to the question of have you ever seen anyone die? Yes. And then he admitted that Justine had been murdered and he actually begged the detectives to keep him safe from Danny. In light of this confession, pointing to Danny as the orchestrator of the whole thing, Brandon changed his original story. He then explained that on the night of September 1st, he, Justine and Danny had planned to steal weed plants from a nearby farm. And the real reason why he called Justine the night of her disappearance and death was so he could tell her and Danny that he no longer wanted to be involved in that plant.

[Heath]

Oh, my God, it's so sad. Stupid. He's like, yeah, like, we, we.

[Daphne]

I didn't want to commit crime.

[Heath]

Yeah, we had this plan. And that's, that's the reason why I called her. Because, look, I'm a good guy. I was not going to steal those weed plants, guys. Yeah, yeah. Fucking idiot.

[Daphne]

So he's saying that and then he's saying. But it's like he doesn't stop There he does, like, go on and say what happened to Justine, but of course, he's. He's taking no part in the actual, like, cause of the murder or taking part in, like, the doing.

[Heath]

Yeah, no responsibility whatsoever.

[Daphne]

Yeah. Like, he told investigators that he drove to the park and ride and met up with Justine and Danny. They actually got there. Justine and Danny arrived to the park and ride in her truck. That's how her truck got there. So. So it does seem that she willingly left her house to meet up with her boyfriend that night after her parents went to sleep.

[Heath]

Yes.

[Daphne]

Then at this point, they left her truck and all three of them loaded into Brandon's car. He then claimed that at midnight, the three of them drove to a deserted area where Danny wanted to talk to Justine by himself. So Brandon's like, yeah, they were talking and I'm just fiddling with my fingers while they're doing so. And then minutes later, Brandon allegedly heard a car horn blaring and Justine screaming because Danny had strangled her and tased her. When he went over to them, he says that he saw Justine on the ground with Dani standing over her body, eyes bulged, strangling her still, as Danny maniacally said, I don't have to deal with her anymore. My life is now free. I win. I win. And Brandon said that that, like, that quote was in reference. It's not lyrics, but it was, like, in reference to the song that was blasting from the car stereo at that very moment, which was the game by the band Disturbed. And according to the singer, David Draiman, the song is, quote, speaking about the manipulative nature of most people, that you should be cautious when playing with another person's emotions or someone may make you accountable at some point in time. End quote. And apparently this song was playing as part of a mix CD that both Brandon and Dani made and played for her that night during the ride over. It was various songs spliced together with, like, phone recordings of Justine and some, like, weird form of emotional punishment that showed, at least from Danny's side, that Justine was cheating on him or trying to make him jealous, because apparently the recording was of her on the phone with another guy. But, like, I. I can't explain this. There seems to be still so much mystery surrounding this mix cd, but apparently it was like, it was their way of being like, you with me and I'm. Here's all these, like, songs expressing my emotions while I'm splicing in your. Your. Your, like, cheating ways in your recordings.

[Heath]

Like, that's so weird. Because, like, she's in the car with them. They're. They're driving to, to this place. And I wonder what Justine was thinking at that point. Like, what is the point of the. This mixed CD with my, with my phone calls spliced in, like, so fudgeing. Weird.

[Daphne]

It's really weird. And I imagine she was really anxious and probably afraid because I'm sure it was really aggressive the way that they did it and the fact that they're playing it and they're driving her out to this deserted area.

[Heath]

It's almost like they're just. They're kind of trying to toy with her even before, before the crime was ever committed.

[Daphne]

Yeah, like they're playing this game and she's stuck in this car with both of them. And again, yeah, I. I wish we knew a little bit more about that cd, but that's all we have. So after strangling her and saying that weird line to Brandon, Brandon said that Dani took off Justine's clothes and poured some sort of liquid over her. Like it was a, a thick, tar like substance that was supposed to quicken decomposition before putting her in a ditch. And we're gonna bring up that substance again in a minute and tell you a little bit more about it. But basically he's just spewing this whole story, going back and forth. The police are asking him a ton of questions, he is giving them this stuff, but again, essentially saying, I was there, I watched it happen, but I didn't take part in it. So after this, like five hour tell all confession, Brandon guided investigators to the location of 17 year old Justine Vandershute's body, which took them to a rural spot near equestrian trails in Applegate, California, which is about 10 miles away from Justine's home in Auburn. A piece of Justine's jewelry was found nearby, and an old dirty mattress was propped up on some dirt on this trail. And under that mattress was Justine in this shallow grave. And when I say shallow, I mean it was less than 2ft deep.

[Heath]

Yeah, that's a very, very shallow grave.

[Daphne]

Yeah. So of course, with Brandon's conf. Confession, they already have him on the hook for her murder, at least as an accomplice, with Justine's location being his way of kind of bargaining with police. And when they went back to Danny having Brandon's story and Justine's body, they grilled him, hoping for another confession. And it worked because Danny eventually broke down and admitted to strangling Justine. He even said that as his hands were around her neck, as he was taking her life, that her last words were, danny, I love you.

[Heath]

Now, Danny said that after hearing her say it, he wanted to stop, but that Brandon convinced him to follow through with the murder, which obviously was not a part of Brandon's story.

[Daphne]

Yeah, and if that's even true, you know, I'm sure, you know, her saying, danny, I love you, I'm sure that this was point. She knew that his jealousy, it even feels like jealousy is way too light of a word for him. And how coercive and controlling he was, like, this is beyond jealousy. But I'm sure she was trying to get him to stop, and that was a way that she thought would work. And clearly it got to him.

[Heath]

Well, next, Danny confessed that he doused Justine's body with that thick liquid. And reports are very conflicting on what exactly this liquid was, but many reports state that it was some sort of drain cleaner. And then Danny said that Brandon took the bottle and poured it down Justine's throat. So now we have two very different stories here. Brandon claiming that he was merely a witness to Justine's murder, watching Danny commit it. And then we've got Danny claiming that he started it, but that Brandon helped him finish it. But either way, both of these young men were arrested for the murder of Justine Vandershute. So on September 17, 2003, at around 11:00pm, the Placer County Sheriff's detectives, accompanied by a chaplain, arrived at the Vandershoots home to reveal that Justine had been found deceased. And this news obviously carried a horrific weight of its own. But once they found out exactly what happened, it was just so much worse because they would soon find that Justine had been buried alive. But before we dive into that, it seems like answers were kind of tumbling in at this point, because when the news broke about Justine's body being found, a local man came forward with a story going Back to Saturday, August 30, 2003, two days before Justine went missing. This Placer county resident decided to get outdoors and enjoy the last bits of summer on the back trails of Applegate, which is the quiet, small town where Justine's body was found. He saddled up on his horse and he hit the trails as he often did. As he rode, he noticed a large, freshly dug hole in the ground, which felt obviously very unusual to see something like that out there. So, fast forward to learning the news that a young woman was found buried in a shallow grave in that exact area. This guy, this guy that was riding his horse, he called the police because he was sure that that spot in that Hole is where Justine was buried, which led police to believe that this wasn't, you know, some sort of, like, heat of the moment murder, but a premeditated, calculated attack.

[Daphne]

And remember, like, this hole, it's not just like, oh, a little hole, because we see those on trails all the time. But, like, you have to imagine if this was, like, essentially a grave, that it would have been over 5ft long and 2ft deep. Like, that's. That's like a. That's a grave.

[Heath]

And I. And I'm glad that this guy had the foresight to be like, this is. This is a little strange. Like, why would this be out here in the middle of nowhere?

[Daphne]

Yeah. And that proves that this wasn't just some. Some little hole. Like, this was something very unusual that looked like somebody had purposefully dug this.

[Heath]

A grave.

[Daphne]

This. Yeah, a grave. So in the months prior to her murder, we know that Danny was overcome with fear of Justine leaving him. We also know that Justine was confiding in her friends that she was overwhelmed by his possessiveness. And there were many signs that she wanted to potentially break things off with him. She's seeing a lot of red flags that this isn't just, oh, he's a little bit jealous. Like, he's trying to completely control everything she does, like Heath told us earlier. So In April of 2003, about five months before Justine was killed, she took a trip to Florida for spring break without Danny. And while she was there, she met a guy who she became instant friends with. And her short time with him kind of opened her up to this realization that there was so much out there beyond her hometown. You know, there were other guys out there, other opportunities. Obviously, she's still in high school. She's got to stay in her hometown. She's still dating Danny. And we know, of course, that Danny eventually found out about this Florida man, because when she returned, Justine started telling her friends about the guy she met during spring break. And then when Danny caught wind, he became enraged. Like, he even asked one of Justine's close friends if she would wear a wire so he could get the inside scoop on what Justine was telling her girlfriends about the Florida guy.

[Heath]

I mean, that's. That's insane. You're. You're like, she's still in high school. You're just out of high school. Like, why are you tripping so hard, man? You know, like, you're asking someone to.

[Daphne]

Wear a wire, and obviously, if you love somebody and you're in a relationship with them, you don't want them to cheat on you. You don't want them to leave you if you care about them. But people are gonna do what they're gonna do, and they're allowed to do that.

[Heath]

It's like that. It's like that 38 special song, you know, Hold On Loosely But Don't Let Go. That's. That's the whole. That's the whole thing here. This guy is gripping her so tight that she wants to go.

[Daphne]

Yeah, well, exactly. Because of his behavior. So, you know, of course her friend rejected that request.

[Heath]

She was like, no, no, because that's weird.

[Daphne]

That's insane. But she remembered this. This stuck with her. So it seems like Danny used this Florida guy as a scapegoat for his own actions. Like you were saying, Heath, he was trying to point the police in one particular direction. Oh, maybe it was the Florida guy. Meanwhile, this was just a friend. They weren't in a relationship. He lived across the country. It didn't work what Danny was trying to do.

[Heath]

And also, it didn't really even seem like it was any sort of threat to Danny anyway.

[Daphne]

Yeah, he was. I mean, that just shows you the state that he was in and how controlling he really was. So we have a clear motive here for Danny. But police were still wondering why Brandon got involved in this, other than the fact that he was twisted in his own right. You know, I can say that thinking back to those websites that he started. Well, in 2001. So a couple years before this horrific case unfolded, when Dan. Before Danny and Justine started dating, I'll say Danny and Brandon were the best of buddies. But when Danny and Justine got together that summer, again because of Brandon, the dynamic of Danny and Brandon's friendship drastically changed. Especially because Justine was not a fan of Brandon. She realized that he was this scummy guy and felt that he was a negative influence on her boyfriend. So she sort of gave Danny an ultimatum.

[Heath]

A multi. Multivitamin.

[Daphne]

An ultimatum suggesting that he either pick her or Brandon. She doesn't like Brandon around, so she's saying, you know, it's a mirror.

[Heath]

Him. Yeah. And you see this happen a lot of times in relationships. You know, like, people get together with their partner, and then sometimes friends get jealous of their relationship. And, you know, it's like, we know that Brandon's a shitty guy anyway, so she's just doing what she thinks is right. She's like, danny, you're better than this guy. Don't hang out with him. He's a scumbag.

[Daphne]

Right. Which is funny, because I don't think he was Better. But she.

[Heath]

Well, he wasn't.

[Daphne]

She probably thought he was. At least for a time, of course. But of course, as well. Danny chose Justine. We know that he wanted to be with Justine very much. So he ended his friendship with Brandon pretty much right then and there. But after about a year without talking, in late 2002, the boys rekindled their friendship. And not only did they reconnect, but they decided to move into an apartment together. Justine was likely not happy about this decision, but she stayed with Danny. So Brandon, now living with his best friend, decided to open up about his hatred for Justine for breaking up their friendship. Brandon would call her derogatory names behind her back and made it clear that he felt Justine was a terrible match for Danny.

[Heath]

So now we have this battle going on between the girlfriend and the best.

[Daphne]

Friend, which is like, if you're gonna let your best friend talk derogatorily about your girlfriend, like, you're a piece of shit.

[Heath]

I wonder if Dani even stood up to Brandon and was like, hey, dude, like, don't talk about my girl like that.

[Daphne]

Based on the fact that they murdered her, I would doubt it. Well, one positive thing here was that Justine and Brandon's girlfriend, Lindsay had become close friends. And Lindsay was actually among one of the friends that Justine would confide in when she and Danny were having problems. And Lindsay, vice versa, confided in Justine, too, because she and Brandon had a tumultuous relationship of their own. They're both dating a piece of shit.

[Heath]

Yep.

[Daphne]

Or piece of.

[Heath]

Pieces of.

[Daphne]

Pieces of shits.

[Heath]

Pieces of pieces of shits.

[Daphne]

I mean, and they are. And they're. You know, it's. It's pretty sad because they realize that they're both in essentially at least emotionally abusive relationships. And they're kind of confiding in each other about it and saying, hey, like, what are we gonna do about this? I mean, Lindsay even told Justine that Brandon once told her, quote, or, I'm sure this is a paraphrase, there's a couple spots where if I ever wanted to kill you, nobody would be able to find you.

[Heath]

And, of course, you know, Brandon claimed that this was just a joke, but understandably, Lindsay was disturbed by this, and she knew that she had to get out of that relationship.

[Daphne]

That is never something that you joke about. That is so intense.

[Heath]

Yeah, that's just super weird. Well, in late August of 2003, just before Justine was murdered, Brandon and Danny threw a party at their apartment for this kind of pre Labor Day celebration. And at the party, Justine and Lindsay sat together on the outside patio of their boyfriend's apartment, where Justine told Lindsay that she was finally ready to break up with Danny. And Lindsay said that she wanted to leave Brandon too. So together, the girls agreed that they deserved to be treated better and wanted to leave their toxic boyfriends in the past once and for all. But of course, only a few days later, on September 1, 2003, Justine would be dead. So now finally, let's get into this autopsy, because something that was uncovered during it would make everything even more disturbing on her body. And inside it was that tar like substance, proving what Danny had said, that he poured it on her and Brandon forced it down her throat. Or at the very least, proved that had occurred. Whoever did it. Justine's official cause of death was listed as homicidal violence. While the exact cause was undetermined, they know that she had been strangled. But also in her lungs was dirt. This told the medical examiner that Justine was not dead when she went into the ground when they buried her. Justine was not dead yet. She was buried alive because the inside of her esophagus and lungs were caked with dirt. And this wasn't just her like inhaling a little bit of dirt because she's out in this dusty area, there was a lot of dirt. So police have this horrific finding, these two confessions, and Danny and Brandon seem to know that they were, you know, they were probably not going to get away with this. So finally, less than two years later, in 2005, Danny Besmer pled guilty to killing his girlfriend. And with a plea deal, he was sentenced to 25 years to life for first degree murder. Brandon Fernandez also pleaded guilty and he received 15 years to life in state prison for second degree murder. But in 2017, Brandon was actually eligible for parole. So on September 1, 2017, exactly 14 years to the day that he and Danny killed Justine, he had his parole hearing. A petition opposing the release of Brandon Fernandez received over 22,000 signatures in the name of justice for Justine.

[Daphne]

Wow.

[Heath]

Yeah, that's a lot. And then thankfully, his parole was denied.

[Daphne]

But in 2018, Senate Bill 1437 was signed into law and provided a process for those convicted of murder to petition for resentencing and release if they assert that they were merely accomplices to an underlying fate felony and did not intend to kill. So in 2020, 36 year old Brandon tried to be resentenced as an accessory to the murder, because that was his story, right? The judge denied the motion, but it was reversed by the court of appeals. And to keep Brandon Locked up. The DA had to prove beyond a reasonable doubt that Brandon helped plan and carry out the murder. Murder in May of 2024. This only happened last year. It was proven that Brandon was involved in the plotting of Justine's murder because he had purchased cleaning supplies, that substance that was used on her body and poured down her throat. And he supplied the materials to dig the grave, which he and Danny did over the course of several days prior to her murder.

[Heath]

So when that guy was out there on that trail riding his horse and saw that hole in the ground, that was, that was what they needed. That premeditation that they had dug that whole days prior because they knew that they were gonna kill her.

[Daphne]

Yeah, exactly. And it's wild the, the cleaning supplies thing that like it was proven that he had been a part of getting that like this. And then we think back to his confession where he was like, oh, I, I just was there and I saw him doing this and. Yeah, and, and then none of that's true.

[Heath]

Bullshit.

[Daphne]

But I will say it's kind of like a he said, he said type of thing still. Because none of it, it wasn't really physical evidence. It was more of Danny's testimony during this evidentiary hearing. Basically, Danny said that Brandon, quote, purchased the chemicals and that he provided the digging tools, which was a pickaxe from his parents house. And then Danny said that they dug the grave together. And actually investigators did later find tools that were tossed over the fence at Brandon's parents house, which corroborated then with what Danny said.

[Heath]

So yeah, that's, that's how it all went down.

[Daphne]

It's not like, oh, we found a hardware store receipt and you know, security camera footage back from 2003. Like it was just still what Danny said. But it did line up. So Brandon's motion was denied and to this day, he and Danny remain behind bars. Now that won't be the end of parole hearings for either of them, but Justine's family is hopeful that they will remain in prison. Thank you so much everybody for listening to this episode of Going West.

[Heath]

Yes, thank you guys so much for listening to this episode. Hopefully neither one of those guys paroles will, will be approved because they still do have some hearings left before they're completely out. Out of like chances is what I mean. Yeah, hopefully they stay in prison and you know. Yeah. What a, what a tragic story over jealousy.

[Daphne]

Yeah, truly. I mean, so horrific. Big thank you again to Haley and Savannah for recommending this story. If you guys have a case you want us to cover on the show, please email us going west podcastmail.com that is the only place we see them. We're really behind on our emails there but send it in. We will eventually see it and add it to our list and head on.

[Heath]

Over to our socials to see pictures of Justine and Teu. Eric Von Denton Dollar Store Eric Von Denton. You can go check those out on our socials. We're on Instagram @goingwest podcast. We are on Tik Tok and we're also on Facebook.

[Daphne]

So funny. Love you guys. We will see you on Friday.

[Heath]

All right guys. So for everybody out there in the.

[Daphne]

World, don't be a stranger.

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[Daphne]

Ever since switching to T Mobile, something weird has been happening. I get to cut lines.

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[Daphne]

I can stream shows at 30,000ft and I was able to buy reserve tickets for my favorite band.

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[Daphne]

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[Heath]

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[Daphne]

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