Murder: True Crime Stories - Episode: UNSOLVED: Burger Chef Murders 2

Host: Carter Roy
Produced by: Crime House, powered by PAVE Studios
Original Air Date: [Not specified]

Introduction

In the second installment of the Burger Chef Murders series, host Carter Roy delves deeper into one of Speedway, Indiana's most perplexing unsolved cases. This episode unpacks the extensive investigation that has spanned nearly half a century, exploring the myriad theories, suspects, and the relentless pursuit of justice by dedicated law enforcement officers.

The Initial Crime Scene and Early Investigation

On November 17, 1978, four young employees of a Speedway Burger Chef—Ruth Ellen Shelton (17), Daniel Davis (16), Jane Frate (20), and Mark Flemmins (16)—were brutally kidnapped and murdered. The crimes initially appeared to be a simple robbery gone awry, with only $581 missing from the restaurant's safe and cash registers. Tragically, no physical evidence was secured at the scene, and the restaurant was promptly cleaned and reopened, allowing crucial forensic evidence to be lost or contaminated.

Virgil Vandegrift (a detective) reflects on the chaos of the time:
“When someone confesses to murder, that's basically the end of the investigation, right? ... But someone exactly like that confessed to the Burger Chef murders. But then they retracted it.” [00:11]

The lack of evidence and the mishandling of the initial crime scene left investigators with a significant disadvantage, leading to the case remaining unsolved.

Overwhelming Investigation Efforts

Despite the initial setbacks, law enforcement mobilized extensively:

• Agencies Involved: FBI, Indiana State Police, Indianapolis Police Department, and Marion County Sheriff's Department.
• Community Involvement: The Burger Chef corporation and an anonymous donor offered substantial cash rewards totaling $35,000 for information leading to an arrest.
• Public Theories: Numerous theories emerged, including suspicions about Jane’s boyfriend and an unnamed Burger Chef employee, none of which panned out.

Carter Roy emphasizes the complexity:
“No physical evidence emerged linking this suspect to the murders. Virgil was back to square one... it would never come.” [03:32]

Breakthroughs and Red Herrings

One pivotal moment in the investigation involved witness testimonies about two men seen near the restaurant:

• Witness Accounts: Descriptions of a bearded man and a clean-shaven man questioning witnesses for ID, claiming to be responding to vandalism.
• Virgil Vandegrift’s Strategy: Utilizing forensic hypnosis, Vandegrift elicited detailed descriptions from a hypnotized witness, which matched the victim Jane's portrayal and suggested the involvement of one of the men.

However, despite these efforts, further investigation led to dead ends. When Vandegrift confronted a potential suspect—who initially appeared to confess and even displayed a broken pool cue as evidence—the suspect retracted his confession, and no charges were filed.

Virgil Vandegrift comments on the challenges:
“All that and more coming up.” [03:10]

Persistent Theories and Alternative Suspects

As years passed, various theories emerged:

1. Brett Kimberlin: A businessman linked to other local crimes, including a mass murder-suicide and a string of bombings. However, he lacked a clear motive for the Burger Chef murders and his alibi checked out.

2. Local Fast Food Robbery Gang: Detective Ken York and others suspected a group involved in similar crimes. Although some suspects were identified and connected to other offenses, none were conclusively linked to the Burger Chef murders.

3. James Frate and Kevin Flemmons: Siblings of victims who became involved in criminal activities. While fractious, no direct evidence tied them to the murders.

Virgil Vandegrift reflects on the fragmented investigation:
“So in late 1986, Mel and his team prepared for another round of interviews with Forrester... authorities announced they didn't believe James was connected to his sister's murder.” [16:56]

Donald Wayne Forrester’s Confession

In 1984, Detective Mel Willsey, a seasoned investigator with the Marion County Sheriff's Department, received a confession from Donald Wayne Forrester, an inmate serving a lengthy sentence for sexual assault and kidnapping. Forrester claimed involvement in the Burger Chef murders, providing a detailed account that aligned with some known facts:

• Forrester's Story: He admitted to participating in a plan to intimidate Jane Frate, leading to a violent confrontation that resulted in the deaths of all four employees.
• Verification: Forrester's descriptions matched detailed photos of the crime scene that were not publicly available, lending some credibility to his confession.
• Physical Evidence: Forrester guided Mel to the crime scene and described the locations of the bodies accurately. Additionally, his ex-wife confirmed that he had collected shell casings from the scene, which matched bullets found in two victims.

Despite these corroborations, doubts persisted about the validity of Forrester's confession. Concerns included the possibility of coercion and whether Forrester could have obtained information from other sources during his incarceration.

Carter Roy summarizes the turning point:
“Once again, the investigation was closed... Virgil was back to square one.” [04:58]

The Collapse of the Forrester Case

In 1986, a police source leaked Forrester’s confession to the press, leading to his retraction and claims of coercion. As a result, authorities decided not to file charges, effectively closing the investigation once more. Forrester maintained some elements of his confession in letters before his death in 2006, but definitive proof remained elusive.

Mel Willsey expressed frustration:
“Once he was in a police interview room, the pool player swore he had nothing to do with the crime... authorities announced that no charges would be filed against Forrester.” [16:56]

Continued Efforts and Modern Investigations

Despite the case being administratively closed in 1983 and multiple false leads thereafter, law enforcement never fully abandoned the investigation:

• New Detective, New Approaches: In 2018, Sergeant Bill Dalton took over the case, employing advanced DNA testing and artificial intelligence to analyze old case files.
• Public Engagement: Dalton released new images of the murder weapon in hopes of generating fresh tips, though success has been limited.

The latest development occurred on March 21, 2024, when the Speedway Burger Chef building was demolished, symbolizing the passage of time and the enduring mystery surrounding the murders.

Ken York offers a contrasting view:
“He believes the crew of fast food robbers he found living in Franklin, Indiana were to blame... This was family entrusted to find justice.” [15:26]

Remembering the Victims

As the episode concludes, Carter Roy pays homage to the victims, highlighting their lives and the potential they held:

• Mark Flemmins (16): A loyal son, Jehovah's Witness, musician, and aspiring martial artist who vowed to protect his colleagues.
• Ruth Ellen Shelton (17): A promising computer science student balancing academic and extracurricular commitments.
• Jane Frate (20): Ambitious and hardworking, poised to become one of Burger Chef's youngest store managers.
• Daniel Davis (16): Passionate about joining the Air Force and aviation, with dreams of serving his country.

The murders not only robbed the community of four vibrant lives but also left an indelible mark on those who sought justice.

Carter Roy poignantly states:
“The robber or robbers... stole something of infinitely greater value. Everything these four promising young people would have contributed to the world.” [34:59]

Conclusion

The Burger Chef Murders remain a haunting unsolved case, emblematic of the challenges faced by law enforcement in the pre-DNA era. While suspects like Donald Wayne Forrester and local robbery gangs have been scrutinized, definitive proof remains out of reach. The relentless dedication of detectives like Mel Willsey and Virgil Vandegrift underscores the enduring quest for truth and justice.

As the Speedway Burger Chef building was dismantled in 2024, the community continues to remember the victims, hoping that one day the shadows of this tragic event will finally be lifted.

Notable Quotes:

• Virgil Vandegrift on confessions:
  “When someone confesses to murder, that's basically the end of the investigation, right?... So, if someone the police weren't even looking into calls them up and says, I did it... case closed.” [00:11]

• Virgil Vandegrift reflecting on investigative techniques:
  “Still lead to the truth.” [03:10]

• Carter Roy on the impact of the murders:
  “...stole something of infinitely greater value. Everything these four promising young people would have contributed to the world.” [34:59]

Additional Resources:

For more insights and updates on true crime stories, follow Murder: True Crime Stories on Instagram @crimehouse and other podcast platforms. Subscribe to Crime House Plus on Apple Podcasts for an ad-free experience and exclusive bonus content.