Navy SEAL Wrongfully Imprisoned

Summary

The Antihero Podcast: Episode Summary – "Navy SEAL Wrongfully Imprisoned"

Introduction

In the August 11, 2025 release of The Antihero Podcast, hosts Brent Tucker, Tyler, and JD Leet delve deep into a harrowing case involving two Navy SEALs and the wrongful imprisonment of Dustin Turner. Titled "Navy SEAL Wrongfully Imprisoned," this episode meticulously unpacks the tragic murder of Jennifer Evans, the flawed legal proceedings that ensnared Turner, and the broader implications on the SEAL community and the justice system.

---

Background of the Case

The episode centers around the murder of Jennifer Evans, a young woman whose life was brutally cut short in Virginia Beach. The perpetrators, Billy Brown and Dustin Turner, were both Navy SEALs assigned to SEAL Team 4 out of Norfolk. While Brown possessed a troubled past marked by violence and substance abuse, Turner was viewed as the epitome of an all-American SEAL—dedicated, disciplined, and without significant personal issues prior to his enlistment.

Key Discussion:

• Brent Tucker ([00:00] – [01:15]) discusses the severity of the charges against Turner, highlighting the discrepancy between his actual imprisonment time of 30 years versus the typical 12-month sentence for an accessory after the fact to murder.
• Tyler ([00:00] – [01:15]) echoes this sentiment, emphasizing the injustice faced by Turner.

---

Profiles of Billy Brown and Dustin Turner

Billy Brown: Raised in Huber Heights, Ohio, Brown's early life was tumultuous. His mother had four children with different fathers, and Brown exhibited violent tendencies from a young age. At 12, he was expelled for assaulting a female peer, and by 17, he had brutally beaten his 14-year-old pregnant wife, leading to his early discharge from the Coast Guard.

Dustin Turner: In stark contrast, Turner hailed from Bloomington, Indiana. An active Boy Scout—allegedly an Eagle Scout—and deeply involved in his church activities, Turner was seen as the ideal SEAL candidate. Enlisting at 17, he quickly excelled in SEAL training, becoming the youngest SEAL in his class.

Notable Quote:

• Brent Tucker ([16:19]): "Billy has a troubled past and goes joins the military, gets back into the Navy at 22 years old with a young child."

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The Incident: Jennifer Evans's Murder

On a Sunday evening, Brown and Turner attended a night out at The Bayou, a popular dance club in Virginia Beach. While Turner interacted congenially with Jennifer Evans, Brown, heavily intoxicated, became aggressive. The situation escalated, culminating in Evans's tragic death. Turner, deeply conflicted by Brown's outburst, attempted to intervene but was ultimately implicated in the abduction and subsequent murder.

Key Points:

• The nature of their interaction with Evans.
• Brown's escalating aggression fueled by alcohol.
• Turner's struggle between loyalty to his teammate and the moral imperative to protect an innocent life.

Notable Quote:

• Brent Tucker ([35:50]): "They go out to the car. Brown gets in an argument with the girl, and then things spiral out of control."

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The Trial and Sentencing

Turner was charged with being an accessory after the fact to murder, for which the standard sentence is 12 months. However, due to the severity and publicity of the case, he was wrongfully sentenced to 30 years. The trial was marred by procedural missteps, lack of critical forensic evidence presentation, and sensationalist media coverage that painted Turner as a culpable accomplice despite inconsistencies in the prosecution's narrative.

Key Discussion:

• The role of DNA evidence, which predominantly supported Turner's innocence, was sidelined.
• The judge's unprecedented decision to reveal sentencing details during the verdict phase, influencing the jury's perception.
• The prosecution's strategy to maintain the abduction charge, thereby ensuring severe sentencing regardless of actual guilt.

Notable Quote:

• Brent Tucker ([44:09] – [44:20]): "Do you want to guess what the sentence is for that? 15, 12 months. Accessory after the fact. 12 months. That is crap. That is what he is."

---

The Appeal and Legal Battles

Following his conviction, Turner pursued multiple appeals to overturn his wrongful imprisonment. Central to his appeals was the documentary "Target of Opportunity: The U.S. Navy SEALs and the Murder of Jennifer Evans," produced by IJ Leet, detailing the case's numerous injustices. Despite compelling evidence and Brown's eventual confession, the appeals were stymied by Virginia's rigid judicial system and precedents that dismissed the credibility of Turner's claims.

Key Points:

• The transformation of the law through the "Rid of Actual Innocence" doctrine, which limited the admissibility of new evidence post-trial.
• The role of Turner's legal representation and their inability to effectively challenge the state's narrative.
• The impact of public perception and media influence on judicial outcomes.

Notable Quote:

• Brent Tucker ([77:32]): "They assumed incorrectly that it was going to be entered into evidence on the prosecutor side. So the defense didn't waste the money on it only to find out the DNA evidence never came."

---

Dustin Turner's Character and Redemption

Throughout the episode, Turner's steadfast integrity and transformation while incarcerated emerge as a central theme. Despite being implicated in a crime he did not commit, Turner dedicated himself to self-improvement, engaging in rehabilitative programs, and supporting fellow inmates. His unwavering commitment to honesty, even at the cost of prolonged imprisonment, underscores his innocence and moral fortitude.

Key Discussion:

• Turner's involvement in prison programs that benefited both inmates and the broader community.
• His emotional plea for justice and clemency, motivated by genuine remorse and a desire to correct wrongful injustices.
• The enduring support from his family and advocacy groups pushing for his release.

Notable Quote:

• Brent Tucker ([87:25]): "He was never this person. He's not this person. Even in jail he continues to be who he really is. Someone who's not capable of this."

---

Documentary and Advocacy Efforts

The hosts highlight the pivotal role of the documentary in shedding light on Turner's wrongful imprisonment. "Target of Opportunity" not only chronicles the miscarriage of justice but also serves as a catalyst for public advocacy, rallying support from listeners and igniting movements aimed at exonerating Turner. The podcast emphasizes the importance of community action, encouraging listeners to engage with advocacy platforms like Change.org and freedusty.com.

Notable Quote:

• Tyler ([101:31]): "Target of opportunity. The U.S. Navy SEALs and the murder of Jennifer Evans."

---

Conclusion

The episode culminates with a poignant reflection on the broader implications of Turner's case, questioning the integrity of the judicial system and the potential for redemption even in the darkest of circumstances. While interspersed with light-hearted anecdotes to balance the somber narrative, the podcast leaves listeners with a compelling call to action: to scrutinize the facts, support wrongful imprisonment cases, and advocate for systemic reforms to prevent future injustices.

Final Thoughts:

• The enduring impact of wrongful convictions on individuals and their families.
• The necessity for continual vigilance and advocacy within the justice system.
• The hopeful possibility of overturning grave injustices through persistent effort and public support.

Notable Quote:

• Brent Tucker ([105:29]): "Please go watch the documentary. You'll get to, you know, see the faces and hear the interviews, and they go into even, you know, even deeper parts that, that we didn't get to that really."

---

Key Takeaways

• Injustice in the Military Justice System: Turner's case underscores potential flaws and biases within military and civilian judicial systems, especially concerning high-profile individuals.

• The Power of Advocacy and Media: Documentaries and public advocacy play crucial roles in uncovering and rectifying wrongful convictions.

• Personal Transformation and Redemption: Despite harrowing circumstances, individuals like Turner demonstrate the capacity for personal growth and resilience.

Call to Action:

Listeners are encouraged to:

• Watch the documentary "Target of Opportunity" available on Peacock and Amazon Prime.
• Support Turner's exoneration efforts by visiting freedusty.com and joining advocacy movements.
• Stay informed and engaged with ongoing discussions about justice reform and wrongful imprisonments.

---

Notable Quotes with Timestamps

• Brent Tucker ([00:00] – [01:15]): "Do you want to guess what the sentence is for that? 15, 12 months. Accessory after the fact. 12 months. That is crap. That is what he is."

• Brent Tucker ([16:19]): "Billy has a troubled past and goes joins the military, gets back into the Navy at 22 years old with a young child."

• Brent Tucker ([35:50]): "They go out to the car. Brown gets in an argument with the girl, and then things spiral out of control."

• Brent Tucker ([44:09] – [44:20]): "Do you want to guess what the sentence is for that? 15, 12 months. Accessory after the fact. 12 months. That is crap. That is what he is."

• Brent Tucker ([77:32]): "They assumed incorrectly that it was going to be entered into evidence on the prosecutor side. So the defense didn't waste the money on it only to find out the DNA evidence never came."

• Brent Tucker ([87:25]): "He was never this person. He's not this person. Even in jail he continues to be who he really is. Someone who's not capable of this."

• Tyler ([101:31]): "Target of opportunity. The U.S. Navy SEALs and the murder of Jennifer Evans."

---

Conclusion

The Antihero Podcast masterfully navigates the complexities of Dustin Turner's wrongful imprisonment, offering listeners a comprehensive understanding of the case's nuances and the systemic failures that perpetuated the injustice. Through detailed analysis, heartfelt advocacy, and unwavering commitment to uncovering the truth, this episode stands as a testament to the power of storytelling in driving social change and the relentless pursuit of justice.

Transcript

[Brent Tucker]

So he's an accomplice? You want to know? He's been in jail for 30 years now.

[Tyler]

Yeah.

[Brent Tucker]

You want to know what the sentence is for being an accomplice to murder? Accessory after the accessory act. An accessory after the fact, which is what he is.

[Tyler]

Yeah.

[Brent Tucker]

Do you want to guess what the sentence is for that, max? 1512 months. Accessory after the fact. 12 months. Holy. That is crap. That is what he is. Hold on, we're not recording.

[JD Leet]

Do you want to buy a shirt to support military dance? People want to see their sausage get made.

[Brent Tucker]

An appropriate level of inappropriateness. Something happens in my family tonight. The adult horse isn't coming to rescue my, my family, my kids, like it is. First responders that are, that are going to save my family.

[JD Leet]

They want the culture to be down. They want people to not want to be cops. And the people that do want to be cops are now walking into the job, scared to do the job.

[Tyler]

Foreign.

[Brent Tucker]

Try to act like it didn't happen, although we, we all know it did.

[JD Leet]

JV team for life.

[Brent Tucker]

Tyler, how many critical incidents do you think we've covered so far in this podcast, man?

[JD Leet]

At least five, six.

[Brent Tucker]

And, and they're not going to stop. You know, there's you, you cannot stop them all. So they're going to happen. And you really have, you know, two charters at that. Obviously one is to stop them from happening, but since you can't stop them all from happening, you owe it to the people that you protect and depend on you to react to those situations in the most effective and efficient manner. And right now, really, whether you're a fire department, ems, law enforcement, you're stuck with essentially radios.

[JD Leet]

And Apollo is the best way to manage resources during these events because it's designed by first responders for first responders.

[Brent Tucker]

It gives first responders a common operating picture which allows them to see where everybody is in real time, overlaid onto a map to see where they are. You can drop pinpoints and let them know where they need to go. And without constant talking on the radio, everybody knows where the incident is, where it's happening, and where they need to be.

[JD Leet]

And Apollo is an app based application. This is just download and go.

[Brent Tucker]

It's an app and so it works with androids, it works with iPhones.

[JD Leet]

Apollo makes sure on the back end everything works and you can just plug and go. They handle all the licensing, all the encryption compliance, all the security. It's all handled by Apollo. It's crucial to know where everyone is and what they are doing in order to effectively Control chaos in one of these either natural disasters or. Or shootings or anything like that.

[Brent Tucker]

So if you want to learn more about Apollo, scan the QR code and ensure your department is ready to react to any crisis in its most effective and efficient manner possible.

[JD Leet]

Yeah, nothing like taking a swig of your buddy's dip spit. One time I was in the dark in Iraq, and I was watching a movie or something on my laptop, and I was sitting in my little cot thing, and I picked up what I thought was my water bottle because they were all this big. They came in crates and sat out in the sun and probably killed us slowly, but. And I picked up when I was drinking water out of one and I was spitting dip, and I just. It was dark and I. God, I'm so gross. Yeah, I did it to myself. I don't think I've ever drink. Now they think about it. I don't think I've ever drinking anybody else's dishes.

[Brent Tucker]

I did it once because I didn't dip, so there's no way I could do it.

[JD Leet]

It's probably traumatizing.

[Tyler]

Oh, so it is. I was so mad at him. Those little styrofoam cups were all around the team room, and you'd have yours, and then you'd pick one up.

[JD Leet]

Why does this taste like wintergreen?

[Brent Tucker]

I had a diet. I was. I had a diet Mountain Dew drink that had just a little bit left in it, but it was sitting in the team room.

[Tyler]

They.

[Brent Tucker]

They thought high concentration and empty, so they just started using it and put it and put it back down the team table. I picked it up.

[Tyler]

Yeah.

[Brent Tucker]

Still had a little bit in it. Let me get the last of it.

[Tyler]

Oh.

[Brent Tucker]

Oh. So mad.

[Tyler]

You just puke. I mean, you hold it back. Puking.

[Brent Tucker]

All right, one more story, then we'll get it going. I'll do almost one worse than this. I was on a road trip with Lincoln. I'm drinking my white monsters. Lincoln has to pee every five minutes. I have him pee into one of my white monster cans.

[Tyler]

Oh, no.

[Brent Tucker]

I forget about 30 minutes down the road. Dumber.

[Tyler]

Room temperature. Hot.

[Brent Tucker]

He laughs so hard. He's like 5, 6 years old at the time. Oh, he thought it was the funniest.

[JD Leet]

Oh, yeah, he probably thought it was hilarious. You guys ready?

[Brent Tucker]

We're about to find out.

[JD Leet]

Welcome back to the antihero podcast. Part Delta Force, part Street Cop.

[Tyler]

All truth.

[JD Leet]

I'm Tyler, owner of Counterculture, Inc. Go to countercultureincthreads.com use promo code ANTIHERO and get 15 off the best encounter culture. Graphic tees, stickers, hats, team room flags, ranger panties, hoodies. You name it, we got it. Counterculture inkthreads.com promo code antihero and I'm.

[Brent Tucker]

Brent Tucker, owner of FRCC. That's First Responder Cigar Company, First Responder Coffee Company and First Responder Cask Company. Go to FRCC shop and use promo code FRCC15. That's FRCC15. To get 15% off the world's best coffee, cigars and bourbon.

[JD Leet]

And of course this episode is brought to you by Human performance. Go to hp-trt.com use promo code HERO and save 20% off. Not just your first initial purchase, but every single month you'll save 20% on your testosterone. They also offer tons of other remedies like NAD, Glutathione, Anavar. So go to hp-trt.com use promo code HERO and save 20% off every month.

[Brent Tucker]

And also don't forget about our Thursday Night Live squad cast. It's for the boys. Every Thursday night starting at 8pm Eastern Time and it goes until we're done having fun. And don't forget also our Patreon. If you want to continue to support us, there's two different tiers that you can support us. You can, you can DM us, you can get behind the scenes, you can get insight to upcoming guests, discounts and our sponsors and much, much more. Please consider supporting us through Patreon. All right. With us we have JD Leet. He was a, he is a retired chief petty officer coming out of the comms world. Gave tactical comp support to JSOC SEAL Team 6 sock south. You got pulled back into the Navy after 911 to go to Afghanistan. I'm sure that didn't break your heart.

[Tyler]

I was on the retirement list. I was still active duty but yeah, it got stopped. Yeah.

[Brent Tucker]

Guess who's not retiring, right? Yeah, you are. Stop hold especially after 911 if you're, if you're going to get stop loss. Yeah, yeah that's, that's exactly.

[Tyler]

I was happy to go.

[Brent Tucker]

I love it.

[Tyler]

Went back through free fall recall and all of that.

[Brent Tucker]

Oh really? I love it. See here. And the reason you're here, although those, those are, those are all good things. In fact I wish. I really want to get into the documentary otherwise we, we'd talk about.

[Tyler]

Yeah, I can tell. Oh yeah.

[Brent Tucker]

We talk about your whole past. But he also produced the documentary Target of opportunity the U.S. navy SEALs and the murder of Jennifer Evans. Now in full disclosure and we talked about This a little bit before the episode. And I ran across this via an Instagram page just by happen, chance and like anything. Yeah, I take documentaries with. With a grain of salt. They're always say, always. Sometimes they're pushing an agenda. Some. Some documentaries are very straightforward or they can tell one side of it, you know, then you kind of watch it and you're like, then you find out later the other side of it. So those. We never want to be wrong and we never, you know, we want to do our due diligence. I called some people about it. I reached out about it. I saw the first half of the documentary during all this, and, you know, I had some premonitions to it. You know, some. Some people told their side of the story or what they knew about the story coupled with the first half of the documentary. Dustin wasn't fully innocent, which. Which is what, you know, some of the guys told me and which gets talked about in the first half of the documentary. And so it was a little bit on the fence about this because I'd seen basically the whole story via very short parts via the Instagram. And so, you know, I was like, well, let me. Let me finish the documentary. And by the time I finished the documentary, it's almost better that it happened this way because of what other people told me about it from what they knew. You cover it in the documentary. It seems like you guys were very forthcoming about all the details. And even though Dustin isn't completely innocent, by the end of the story, you're like this. It's just not right. Like what? At the end of the day, this isn't right. And that's, that's why I thought it was a story worth telling because of how, you know, how honest you guys were about it. I almost want to say he wasn't an angel, but we'll get through it. It kind of was. The whole thing's crazy. So I have a fun.

[JD Leet]

Did you know a fun fact about J.D. he doesn't know. I know he's actually shorter than me. He has to be put on a stack.

[Tyler]

I got this shoe. I got this shoes. Yeah, I pulled this off. I'm five, four.

[Brent Tucker]

Yeah. Yeah. What are you?

[Tyler]

Six, four, six, six, six, six.

[Brent Tucker]

Yeah.

[Tyler]

Full two meters.

[Brent Tucker]

Yeah. Full two meters. Yeah. When. When you. When you free fall at the back, you're. You're. You're presenting a large. A large.

[Tyler]

Yeah.

[JD Leet]

Get down the guy.

[Tyler]

The jump master when I did the tandem. Yeah. Was about 5, 8. And they said it looked like. Can I swear?

[Brent Tucker]

Sure.

[Tyler]

Yeah. It Said it looked like a. A pigeon. A store.

[Brent Tucker]

Yeah.

[Tyler]

Oh, man.

[Brent Tucker]

Yeah. His feet were probably dangling behind you.

[Tyler]

Had to do the exit. I just rode him in. He rode me in. Yeah. Gosh.

[Brent Tucker]

Oh. Anyway, and again, I'd love to talk about your background, but. But what? Let's talk about what. What you're here for. Please stay tuned. You'll hear everything we're alluding to. But some of the things we talked about. He's not completely innocent, but I can't wait to get into that. So you guys understand what I mean by that, but that, that part of it. How hard was it to get, you know, help on this documentary or, you know, what was it like even getting this, this, this type of documentary off the ground?

[Tyler]

Well, because I came from that world, I knew. You know, I've been around that world most of my life, and it's a world of secrets. Right. That the reason I got good jobs with the SEAL teams was I could keep a secret. Right. And, you know, it's not that hard to set up satellite links and laptops and. But, you know, if you're good at it and you can keep a secret, you'll get lots of work.

[Brent Tucker]

Yeah.

[Tyler]

And so I retired, and I knew this story didn't make any sense. I was in Virginia beach when this happened. It happened in 1995. And the story that came out in the media was these two guys were on the prowl for a girl to have group sex with because they were so hungry for tag team sex. That's what they called it. And of the seals that I knew in the community I lived in, this just didn't make any sense. And if they were. Wanted to do that, wouldn't they be awfully good at that? Like if you wanted to abduct a girl? And so. But of course, I kept it to myself because it wasn't something that you talked about. But when I got out, I came back from Afghanistan, took some classes, bought a good camera, went in to talk to Dustin Turner in prison.

[Brent Tucker]

Okay.

[Tyler]

By myself.

[Brent Tucker]

Yeah.

[Tyler]

And then I took that to. And some other things, and I took it to Los Angeles and basically have no connection to anybody. And everybody wants to turn it into the. Oh, the Navy turned the SEAL teams, turned these two innocent kids into psychopaths. And that's just not what happened. You had a psychopath that got let in.

[Brent Tucker]

Right.

[Tyler]

And. And we trained him to kill.

[Brent Tucker]

Right.

[Tyler]

And. And, you know, that's. I mean, a lot of people say he's a psychopath. I don't. You know, you I've studied that a lot about what it takes, but it was very difficult in Hollywood. So basically I learned to edit.

[Brent Tucker]

Yeah.

[Tyler]

Sat on the corner shoulder of somebody, became a decent editor and made it myself.

[Brent Tucker]

And let's go over the, the names of the, the two seals involved.

[Tyler]

Yes, it's Dusty Turner and Billy, Billy Joe Brown. And there, there's, you know, a lot of guys say they were not SEALs yet because they were in the last part of STT, but they had orders to pan them on. Everybody in their platoon that I talked to said, yeah, they hadn't put the trident on, but there they were seals.

[Brent Tucker]

Right. And there's one guy, I was even quoted as saying if, if we were going to go somewhere, they were going with us.

[Tyler]

Right.

[Brent Tucker]

So if they're go. So if they're a part of the team and they're going with us.

[Tyler]

Yeah, seals. And Billy was 6 foot 4, 6 foot 3, 230 of roided out muscle. He was a valuable asset to them.

[Brent Tucker]

Yeah, that's, he even talks about it in the documentary. He starts out SEAL training at any six four, so you know you're going to be a little bit heavier anyway because of your sock, because of your height. I think he starts out at 180 something and he finishes SEAL training at almost 220.

[Tyler]

Going through that training. Well, he was going to Mexico picking up, he was picking up steroids in Mexico all the time and coming back he was.

[Brent Tucker]

Let's, let's dig in a little bit. Well, let's finish getting this thing off. Did you guys, did you completely self fund this?

[Tyler]

Well, I had, I had a flipped property the whole time I was in the, you know, you know how it is. You, you move. Oh, all right. I'll, you know, put down some carpet or whatever the, you know. And so prior to 2008, I was in a pretty good spot financially with properties and rentals and everything. And so everything kind of came collapsing down. I'm in Los Angeles and the whole housing market collapses and my to fund the editor and all that is gone. So I, But Dustin Turner gets his day in Court in 2008. So I moved to Richmond, Virginia. And, and, and which I've connected to Virginia. And so that wasn't that big of a deal. And this, I knew this story just had such legs. There's not a story out there that has the things going on that happened in this case.

[Brent Tucker]

Understatement of the day right there.

[Tyler]

Yeah.

[Brent Tucker]

I think the best place to start is understanding who these gentlemen are. So, and I think. Let's start with. Yeah.

[Tyler]

Yeah. Billy Brown was raised in Huber Heights, Ohio. Ohio. Dayton, Ohio. His mother had, I think four children by four different fathers. He basically was raised by his mother Pamela. And he had gotten in trouble for beating a girl in one of his classes when he was like 12 years old. He spent a lot of time off of. Out of school. Expelled. He was arrested when he was 17 for beating his 14 year old pregnant wife. The cops. Yes.

[Brent Tucker]

You can't gloss over that.

[Tyler]

Yes.

[Brent Tucker]

Married to.

[Tyler]

Yeah. Because she's pregnant and to a 14.

[Brent Tucker]

Year old pregnant wife.

[Tyler]

Right. And then when the cops come, he beats three of them up before they get him under control.

[Brent Tucker]

Really?

[Tyler]

Yeah.

[Brent Tucker]

What, what state is that in?

[Tyler]

I don't know about Ohio.

[Brent Tucker]

Ohio.

[Tyler]

Yeah. He joined the Coast Guard and was thrown out within a couple weeks. And I, you know, Bo Burgdorf, Bo Bergdorf, very familiar with. He was thrown out of the Coast Guard too on this. Unfit to serve.

[Brent Tucker]

Really.

[Tyler]

Yes, I know that. Yeah. And well, I found this out recently from the psychologist that wrote the Buds. You know, I, I'm around this stuff all the time and yeah, it was fascinating that we don't really know what happened and it's rumored that Billy Brown assaulted an instructor. But somehow within a couple weeks, both Billy and the Coast Guard decided this isn't a good fit.

[Brent Tucker]

Right. And let's, I mean I don't want to overly assume but details. But it's safe to assume any branch you're in for only two weeks and get kicked out within two weeks, that's. It's some. Something of significance happened. If it's not a, if it's not like a medical thing. Right.

[JD Leet]

Like talk to each other.

[Tyler]

No, they didn't know. Yeah. That's, that's how, that's how this happens. And I don't know if they ever fixed it but this. Psychologists told me about this, that they, they don't talk and so you can go. You know, it's some civil liberties thing, I'm sure. But you can go to another branch and get in and.

[Brent Tucker]

Which is crazy. It's insane if you think about it. If, if you're not good enough for the Coast Guard.

[Tyler]

Yeah. Let's train you. Yeah. Let's help people. Yeah.

[Brent Tucker]

Yeah. I always can't finish that joke.

[Tyler]

That's. But I'll tell you what, it's almost.

[JD Leet]

Like you want to get kicked out.

[Tyler]

I will say this as a swick that didn't see real worlds, you know that like I did a lot of training and Stuff. Coast Guard guys do real world stuff for sure. All the time. Yeah, we said that before. Yeah, they're driving.

[Brent Tucker]

Yeah, they do some really cool stuff. But they will always be the butt of jokes in the military. Even though they're not even part of the military anymore. They.

[Tyler]

Well, if they're at war, they'll get. The Department of Defense will take them up, but they're in Homeland Security most of the time.

[Brent Tucker]

So. You know, Billy has a, A troubled past.

[Tyler]

Yes.

[Brent Tucker]

I mean, he just has a troubled past and, and, and goes joins the.

[Tyler]

Military, gets back into the Navy at 22 years old.

[Brent Tucker]

Right.

[Tyler]

With a young child.

[JD Leet]

What year roughly?

[Tyler]

That would have been 93. Right. 1993. And he goes to Bud's in 94. And he gets teamed up because of his height. He gets teamed up with a kid named Dustin Turner, who's kind of the all American kid. Bloomington, Indiana. Six foot three, blonde, handsome, blue eye, you know, and just on top of the world going through.

[Brent Tucker]

And when you say because it was height, just so people understand. But boat teams are.

[Tyler]

We carry the boats on our heads.

[Brent Tucker]

Right.

[Tyler]

So. So if like I, yeah, I'm. I'm practically.

[JD Leet]

I want to be on your boat.

[Tyler]

Yeah. I'm practically bald from carry. Because. Because all the weight went on my head. We can try to get guys, right? Yeah. So, yeah, you put them on the opposite side of the boat and. And so they were. There were a couple guys taller than them, but they didn't make it through. They were the tallest to make it through their BUDS class. I think their BUDS class had over 100 people and 19 guys made it through. Those two made it through. When they got rolled back together, which was part of rollback is in buds when you get injured or whatever. But since they'd made it through Hell Week, they got to go to the next class. They didn't have to go. So they hung out for about four months. And Brown taught Turner how to lift weights and how to work out and they became very close friends.

[Brent Tucker]

But. And then in contrast to Billy's background. Tell us about Dusty's.

[Tyler]

Dusty was a Boy Scout. It's rumored that he was an Eagle Scout, but I'm not sure that's true. But had been in his church. He, you know, just. People loved him. He was an athlete in school. Billy, all he did was taekwondo and, and hand to hand stuff. He didn't play any sports. Dusty could play basketball, volleyball, you know, he, he joined the military at 17. All of his family had been in the military. He went on an early Enlistment without his mother even knowing about it. And then he went off and went into buds. And so he, when he graduated buds, he was the youngest SEAL in the OR Train JV team for life.

[JD Leet]

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[Brent Tucker]

So in contrast you, you have one guy that's just a constant problem in life. You know everywhere is gone as a young adult up up until when they meet in the seal teams or in training. And then by contrast Dusty's just, just your all American kid. I believe it. I believe even described he was so active in his church. He was a junior deacon in his church and, and no he was no, no problems at all. Joins at 17. Just you're all American.

[Tyler]

Why they paired them together? I mean instructors have told me that Brown needed somebody to look after him and Turner was the perfect person.

[Brent Tucker]

Ma'. Am. That's kind of almost like that. It's odd reference but it's true. Tim Tebow and Hernandez and Aaron Hernandez and they, they paired them up because Aaron Hernandez was a trouble kid. Right. But. But very similar backgrounds and that's one of the reasons Aaron Hernandez didn't have a whole lot of troubles in Florida because he had Tim Tebow right. Watching over him.

[Tyler]

Good point.

[Brent Tucker]

But the. So they, they get, they get paired up. They, they get, they get, they get through after they get rolled back and they get put back in together. What's really just CR. I almost want to, I don't want to you know put them on a pedestal. You know Billy about this but it's crazy. He has an immense drinking problem and he has this drinking problem during SEAL training. So he's you know on, on the weekends and some nights he's. He's putting down a handle. He's putting down 12 packs man.

[JD Leet]

If you can feel training and do.

[Tyler]

That two 40 ounce mall liquors every night depending on what but if he's not, if you don't have to get up early in the morning he's like you said he's. He says on the stand which I got to film. I it Took him a long time, but he got to where he could drink a fifth of 151 and a case of beer in a 24 hour period while he's doing three times the steroids recommendations and never cycling off.

[Brent Tucker]

I feel hungover listening to that. I mean that is amazing.

[Tyler]

Impressive. Really bad, but impressive. It is impressive. What he was doing was getting up and training. You know, anybody that's gone, you know you're doing a ruck march.

[Brent Tucker]

Yeah. I don't understand how you difference.

[JD Leet]

But Brent, you have six beers. What are you doing the next day?

[Brent Tucker]

Not much. And even then I wasn't much of a drinker at all during the Q course. You know, you know, when I, when I was going through that. But, but I just wasn't in general. But also, you know, for that same reason, like you're, you're going through like the toughest physical training your country can ask of you in that branch. And to do it hungover or, or not to do it at a hundred percent. Gosh, I, I, it's, that's one.

[Tyler]

And he made it through. And I think a lot of this stuff is about the instructors, why it was such so hard to make. Because the guys that I knew personally, some of them helped train this guy and they don't want to talk about.

[Brent Tucker]

I mean, they have to know, I mean they have to, they may know the extent of it because students can, can hide it, you know, but, but at that rate, like you have to, you have to be able to smell it on, on the kid's breath.

[Tyler]

Right.

[Brent Tucker]

And you have to, it's got to be oozing out of his pores.

[Tyler]

He had been, he had been, had the cadre talk to him many times about the drinking. He wasn't allowed to be drinking when the night that this crime happened, he wasn't allowed to be drinking, but he'd, he was three sheets.

[Brent Tucker]

Yeah. And so they, so they make it, they make it through SEAL training. They both, they both get assigned to the same team. Seal Team 4 on the north coast out of Norfolk.

[Tyler]

Yeah.

[Brent Tucker]

And this generally speaking is, this is where, this is where things go, things go wrong.

[Tyler]

Yes, they, it was, it was mounting up to this, right? Yeah, right. It was just this thing that he was drinking so much and he loved the fight. And he loved the fight.

[Brent Tucker]

Yeah, he's all just a bad, bad combo.

[Tyler]

Yeah. He basically couldn't not fight when he was drunk. Like he had to find somebody to fight or have sex with. That's what he says on the stand. Right. Like that's all he's gonna do.

[Brent Tucker]

Right.

[Tyler]

And, and he, he did like to, he was involved in group sex incidents in Mexico and all, you know, things that I've found out since. You know, I get calls all the time from people like the Pizza Hut manager that, that he worked for, that, that Billy beat the crap out of him. And like close to death where he's begging God for it to be over. He says he first he's begging Billy to stop and then he's not stopping, he's just tuning him up. He's on the ground and he starts begging God for it to be over.

[Brent Tucker]

Yeah, you get a, you get an angry 6 foot 4, 220 pound rip guy who loves to fight and can fight and doesn't have the, the control because of alcohol. That's, that's a, that's a scary person to be around, you know.

[Tyler]

Exactly. Yeah.

[Brent Tucker]

I think that comes in, I think that comes into play later. Like I really do. And we'll, you know, I don't think you know where.

[Tyler]

Yeah.

[Brent Tucker]

What point I'm talking about on that. Well, I think that it's, it's, it's good to, to paint this picture completely because without understanding who the two people really are, it's hard to understand some of the actions later.

[Tyler]

Right. And Dustin Turner's no saint. He likes girls and, and is an attractive kid with, you know, about to put a trident on. And, and so the night. Do you want me to go into the. The. Yeah.

[Brent Tucker]

So they're, they're there at the, the buy. They end up going to the Bayou.

[Tyler]

Yeah.

[Brent Tucker]

And. Which was a club, a bar there and in Virginia Beach. Yeah, let's, let's go ahead and pick it up there. It's a weekend, they have the weekend off.

[Tyler]

Right.

[JD Leet]

Are they out of training now?

[Tyler]

Yeah, yeah. They're running what's called SEAL tactical training and now it's called SEAL qualification training. But they, you basically do six months afterwards with your team and they evaluate you in the cadre and they're, and they're looking at Brown like because in Puerto Rico he'd done this fifth of 151 and a case of beer in a 24 hour period and went on a rampage and was not allowed to be drinking, but good luck trying to stop him from drinking. And they go to the Bayou on a Sunday evening and there's a tourist named Jennifer Evans who's visiting her best friend, a roommate from Emory University. And Jennifer sees Dusty walk in and goes over and introduces herself to him because you know, and they hit it off. Brown is already drunk and goes, and according to the bartender and people all around him orders a six drink round. It's, it's two shots of bourbon, two rum and cokes and two beers and.

[Brent Tucker]

One round that's for how many people?

[Tyler]

That's that, that's what he's drinking as a round. And he goes back and he did at least four rounds. Sonya, just. Yeah.

[Brent Tucker]

And unbelievable.

[Tyler]

So Turner arranges, she's there with her friends who are from Virginia beach and they want to go and she's, you.

[Brent Tucker]

Know, she's having a good time.

[Tyler]

She's having a good time. She tells them go, go ahead, come back at 2 o' clock and pick me up. They leave at 1 o'. Clock. Turner goes to find Brown a ride home and one of the, and there's a SEAL there that they've seen around the command and he asks him to take him home and he, and he says going across the street to the all night place. So he finds a girl that used to date Brown and arranges for him to take or for her to take him home back to the barracks.

[Brent Tucker]

Okay.

[Tyler]

They go out to the car. They were going to go down to the beach, but it's 1:30 in the morning. Her friends are going to be back at 2, so they're just in the car. Turner says that they never even kissed.

[Brent Tucker]

Now not to interrupt you, but I think this is a very important part. One of the girls that Jennifer was there with, it was, you know, a military brat, very, very familiar with the SEAL community.

[Tyler]

Andrea.

[Brent Tucker]

And she, she questions his SEAL hood, if you will.

[Tyler]

Right.

[Brent Tucker]

And Dustin pulls out his id.

[Tyler]

Yes.

[Brent Tucker]

He. Not.

[Tyler]

Yes.

[Brent Tucker]

To show that.

[Tyler]

Hey, his address on his driver's license is Seal Team 4.

[Brent Tucker]

And we'll. I, I say that because I want, that's a point I want to make later. So he pulls out his ID and shows it to her as to say no, I'm, I'm really, I'm really a SEAL before, before they end up getting in the car.

[Tyler]

Exactly. So yeah, just a perfect tactic if you're planning on abducting someone.

[Brent Tucker]

Don't get me started this early. Don't get me started this early.

[Tyler]

So, so yes. Yeah, I get, I get flippant about it just because it's, I don't think a, a good investigator would come to the conclusions that they came to. But anyway, they, they go out to the car. Brown gets in an argument with the girl that's supposed to take him home. Right.

[Brent Tucker]

Imagine that.

[Tyler]

Yeah, right. So he wanders out, you know, imagine the, the two of them sitting in the car listening to music and looking up and seeing this monster stumbling towards your car. And she lets him in behind her in the back seat. Now obviously everything I'm saying is what Dustin Turner has said and what Billy eventually says happened, right? What. Of course the physical evidence in the car supports all of this too.

[Brent Tucker]

And it's pretty important to mention the car itself because this will come into play.

[Tyler]

1990 Geostorm with seats that only go forward, they do not go back.

[Brent Tucker]

Geostorm, two six foot four Davey seals.

[Tyler]

And a little girl.

[Brent Tucker]

And it's a two door car, right? It's a Geo. I don't think we have to say a whole lot more.

[Tyler]

Exactly.

[Brent Tucker]

It's, it's, it's not, it's not a big car.

[Tyler]

Yeah. She lets him in the back seat and you can imagine where he would be with, with her. And she's petrified just because she's seen the other guy with a pager. Right. Back then we had pagers. Not everybody's carrying around cell phones. And, and so he of course starts, you know, you ever a frogman and all that stuff and, and she's scared to death. And Dustin said that he was trying to put the CD in and calm Billy down and try to get him the ride and where are the girls? Are they going to show up so I can, you know, get her away from. And, and, and he says he feels the whole car just shake and he looks over and Brown's got her from just like that attack from behind. Probably an arm bar or whatever, we don't know. But Turner goes, grabs his arms pulling him off of her. She doesn't scream, she doesn't, she dies. You know, she urinates the seat instantly.

[JD Leet]

And it's a car in motion or is it parked?

[Tyler]

No, it's parked. They're sitting there waiting for her friends to show back up. So.

[Brent Tucker]

Because her friends just make sure, with everyone's tracking the story. Jennifer, make sure I have all the names right. Jennifer Evans came with three friends. I'm sorry, A group of three came with two friends. They wanted to leave. They want to leave earlier, man. Which, which, which he said, but they want to leave earlier. She didn't want to leave. And if I remember right, they said okay, we'll come back and get you.

[Tyler]

When the bar closed.

[Brent Tucker]

Yeah, well they'll get coffee and come back and get her. So they're essentially waiting in the car for her friends to show back up, to pass her back off. To her friends, which was the, which.

[Tyler]

Was with police cars. You know, it's going to be at 2 o'. Clock. This club probably holds 300, 400 people. It's a dance club.

[Brent Tucker]

Did they say in the autopsy what, what killed her? Did he just break her neck?

[Tyler]

Yeah, that was, it was a big deal about that where they. Because her body was decomposed and her neck wasn't broken. But depending on who, who you. They didn't really know. Right. It. Could it have. I mean, what the forensic or whoever. I think her name was low. She says yes. It could have happened in seconds or it could have taken minutes. Right. So this is all comes out in the.

[JD Leet]

Did she reject him?

[Tyler]

Yes. Right, right. And he touches her hair and she smacks his hand and that's when he.

[Brent Tucker]

Sends him into a rage.

[Tyler]

Yeah. You know who I am? It's a constant with Billy Brown.

[Brent Tucker]

Okay.

[Tyler]

You know, he did it with a light. With a female polygraph woman. Three questions in. He's like, I'm not talking to you. You know who I am.

[Brent Tucker]

Yeah. So what happens? Does, does, does Dustin know she's dead? Right?

[Tyler]

Yeah, he's fighting with, with Brown, but he's pretty in Brown screaming, drive, drive, drive. And of course, the thing that he does that changes his whole life, changes everybody's life as he drives. That's what I find fascinating about shoot, move and communicate. Right. Like the. I don't know anybody, I don't know a boat guy. I don't know anybody that wouldn't evaluate that situation and go, oh, I'm gonna go run to the police. Right.

[Brent Tucker]

It's definitely. It's, it's.

[JD Leet]

Do you think the hardwiring had already started?

[Tyler]

Yes.

[JD Leet]

He just heard a SEAL go, go, go, go. And he just went in.

[Tyler]

Yes.

[Brent Tucker]

I hate to say it, that it really is. It's one of those things you have, you have an all American kid who's, who's never really been in trouble. He gets thrown into this brotherhood, everything. I wasn't a seal, but I was, I was, I was on a dive team. And the same thing, the, the amount of, that just gets drilled into you of your, of being with your, your, your dive part, your dive buddy, your dive buddy, your dive buddy. Everything is between you and your dive buddy. Every, just the brotherhood. I think holistically when I look back at this, a lot of people will say what they would have done, what they would have done. But you've been in this, in this brainwash of, of training that says it's, it's it's you and your, and your swim buddy and nothing else matters. He's never been in trouble. He's never even thought about this situation. He's seen what this 6 foot 4, 220 pound guy can do. I don't. I don't know if anyone else would have been like, you know what, I'm gonna fight you too. Or if you just. You. It just, it's one of those things. Okay, drive, drive, drive. All right, I'm a. Drive and figure this out. And then you just never really figure it out. And you're in a place that you.

[Tyler]

Didn'T expect to be and he almost passes out immediately. And now you're the guy with the, with this situation to, to deal with.

[Brent Tucker]

All right? And this is where I say.

[Tyler]

He'S. No, I'm. I'm. Billy has passed out from drinking, you know, these rounds of drinks. He just, he just passes out. He's basically in a blackout when this whole thing's happens. He barely. He doesn't really remember much of it. It's part of the problem is because he, he remembers it by what Dusty has said.

[JD Leet]

Where'd they go?

[Tyler]

Went to Newport News park, which is about 40 miles away, on the way to AP Hill, where they had to be the following day. And they carry the body. Turner goes around to the passenger side, gets her out. Brown gets out from the back seat and they carry her into the woods and hide her in the woods.

[JD Leet]

Accomplice.

[Tyler]

Yeah, now. Yeah, now He's. And you know, that's, that's about where.

[Brent Tucker]

I stopped watching it.

[Tyler]

Right, right.

[Brent Tucker]

We made no bones about at the beginning.

[Tyler]

Right.

[Brent Tucker]

This guy is not innocent. He's not innocent. He's an accomplice. But if, if that was all, if that's where this story ended, he'd be like, well, that's, that's what you get. But this is, but this is why you're here.

[JD Leet]

That's.

[Brent Tucker]

That's not where the story. That's not where the story. And this is where the story begins, exactly.

[Tyler]

In one aspect, yes, because it's the why, It's. Why would you drive away what happened? Even to this day, Turner will say, well, he's a different guy when he's drunk. He was drunk. He didn't mean to do this. And he should hate. He does hate Brown because of what he did to his family more than. He's an amazing person in prison. And we'll get to that. But you get to know a lot about him because of what he's a bit Of a. He's been in prison 30 years and unless some governor comes along and grants parole, there's not much hope for him.

[Brent Tucker]

Yeah. And, and, and if we're talking about this, I'll go ahead and set the stage a little bit, which is a little bit mind boggling, but this is, this is the law. So, so he's an accomplice. You want to know. He's been in jail for 30 years now.

[Tyler]

Yeah.

[Brent Tucker]

You want to know what the sentence is for being an accomplice to murder, Accessory after the accessory act. An accessory after the fact, which is, is what he is.

[Tyler]

Yeah.

[Brent Tucker]

Do you want to guess what the sentence is for that?

[JD Leet]

Max?

[Brent Tucker]

15, 12 months. Accessory after the fact. 12 months. That is crap. That is what he is. And, and right, wrong or indifferent, that is, that is what he is. And, and we'll, we'll go into a little bit more of what, of how he, kind of how he makes up for this. But that's, that's what he is. He's an accomplice after the fact. He gets. He, you did, you did that crime. You should do that time. 12 months. He's been in prison for 30 years. But stick around and we're going to tell you how this happens. And like I said, this is kind of where the story begins, you know, oddly enough. So I guess pick it up where eventually Virginia Beach PD come, right, Come come visit him at training.

[Tyler]

So they go back to A.P. hill. On the drive out that morning, Brown says to Turner, what I did was stupid, but we're in it together now. You're in it. And Turner's trying to get him to go to the police, but you know, it wasn't a hard case to solve. You just talk to the people in the bar, the bartenders, and well, Turner left with the drawing of Dusty Turner by her friends, shows up in the newspaper on Tuesday and Kristen, the girl that was supposed to take Turner home, calls the police, Crime stoppers, gets a $25,000, whatever that's called, and says that's Dusty Turner and he's a SEAL at SEAL Team 4. So the AP Hill is up north of Richmond. So the Virginia beach police called the FBI office there in Richmond and said, hey, there's. I can't imagine there's any connection, but you need to just clear these guys off here, you know, get them off the. We'll figure out. She's probably alive somewhere. Just she's met somebody and, you know, it doesn't make any sense. And they go out and they talk to Turner. And I think Turner, at this point, he's already had an ad on his weapon. He's wandering around like a zombie, trying to figure out what. He's called his mother, like, 10 times on that Monday. Right? Like. And he calls once a week normally. But he's in a. He's in this state of, what do I do? And he goes and he. He says that he was with her. And rather than say, he does say, we left her in the bar, but he says, I've got her phone number on a napkin. And he goes and gets the napkin. Very odd behavior for somebody that's trying to get away with something.

[Brent Tucker]

Right?

[Tyler]

Put yourself there. And then he says, I'll take a polygraph. And the FBI calls back and says, it's not. It's not him. There's nothing there. But then they had questioned Billy Brown, and Billy Brown said that he hadn't been drinking. And the Virginia beach police knew that he was drunk. This could be. Right? That he was falling down drunk.

[Brent Tucker]

Right.

[Tyler]

But. So they go back and they take.

[Brent Tucker]

Nothing to lie about.

[Tyler]

Yes.

[Brent Tucker]

Yeah. Right.

[Tyler]

Yes. And because he wasn't allowed to be drinking, and they take him to the FBI office. And Brown, after a couple questions, like I said, that it was female. Sandy Baum was the cop that gave them the. And he's like, no, I'm not talking to you. Turner does the full thing. And they come back in and say, look, you're obviously lying about this, this, and this. You were there. Brown did it. Tell us what happened. He says, I'll let me talk to my warrant officer. And they're in the FBI office. And somehow there's no recordings of any of this. Right. There's no.

[Brent Tucker]

No audio recordings of this conversation.

[Tyler]

Right. Any sort of. His warrant officer comes in, his training officer that he's been lying to about this, because he's always been like, did Billy do this? Right? What's going on here? And he says, I'll tell you what happened. Does Tells his boss what happened. Of course he's mad at him, but he also kind of understands what happened. He leaves. And we never know who. The Jag that he called or if there was a Jag that got him. But he comes back in and says, just tell him what you know. You don't need a lawyer because this happened out in town. We can't help you. That doesn't. As a chief, with people that work under me, I know that that's not. You would never allow. So they do. They come back in and he tells them the Whole story. And he goes to Newport News park with detective or Detective Byram, goes into Brown and says, here's the drawing of where the body is. And he says he looked at that in New Turner's drawings because you do a lot of, you know, land nav and stuff. He knew that was, that he'd ratted on him. And he said, I didn't do it. He did.

[Brent Tucker]

Right.

[Tyler]

Basically changes positions with, you know, that we see it a lot. Projecting. Right. Like.

[Brent Tucker]

In Brown's mind, it's, I would say it's, it's safe to say, but the spoiler alert, Brown comes out later. So we do know this. But even without this, it's a safe assumption. Like he's, you ratted on him. You turned on the brotherhood. We made this pack that we were in it together. I'm holding up my end of the bargain. Like, I'm not saying I brought you into it. That's right. Yeah, yeah, yeah.

[Tyler]

And years later, he says to me on the phone, if he wants to talk, let him do the time. Right. If you're going to talk.

[Brent Tucker]

That's right.

[Tyler]

Let's see.

[Brent Tucker]

Right. So you, you want me to fall for this now, now, now we're, now, now we're all going down.

[Tyler]

Exactly.

[Brent Tucker]

Essentially.

[Tyler]

Yeah.

[Brent Tucker]

And that's, and if we're, and if we're just being, you don't have to be a psychologist to understand this. And again, that's why the background is so important. Bad guys do bad things and good guys do good things. Generally speaking, doesn't mean, you know, but generally speaking, that's what happens.

[Tyler]

If you're looking for somebody involved in a crime, you look at the people that have done that sort of crime first. Right. Like, you know, he has a history of this. Yes.

[Brent Tucker]

You know, he has a history of violence. Yes. Yeah. He has a history of hurting women.

[Tyler]

Yes.

[Brent Tucker]

And one has no history of anything. In fact, you already, you already said it. He can't even live with himself. He's calling his mom over and over and over. He can't live with himself. He's, he's the one who, who cracks and says, hey, this is what.

[Tyler]

And he set himself up for it. I, I, the way I always look at it is he's kind of, by volunteering for a polygraph, by this is behavior of somebody that's trying to get this off his chest, but in a way that he isn't the betrayer. He's not. You know, I failed the polygraph. I did this, but I didn't break the code. Because he's still always thinking, I still want to be a seal. And. And if this gets exposed and it's just. This is his way to do that.

[Brent Tucker]

And. And which is. And the title. This in. It's kind of when. When he admits to. To his warrant officer, like, what should I do as warrant officers, like, you should tell him the truth. He said, it was a lot easier for me because instead of rolling over on my brother, now I'm following an order from a. Kind of helped him. Kind of helped him as a. As someone who always wants to do the right thing. Well, now I have to. I've been ordered to do. Do this.

[Tyler]

And I always put myself in the. In warn Officer Oconnic's place as the chief in charge. It would have been so much better if he just said, we're going to take these guys back to the command and we're going to sit down with people he respects and get to the bottom of this. Instead of letting. Freeing you know you're. You're freeing them to the. To the, you know, Reid technique and all that of turning people against each other doing what the police are going to do. Yeah, we'll get both of them because they'll blame each other.

[Brent Tucker]

But part of the problem is Brown starts singing. But lies are always hard. Now he's making things up on the spot. Let's. Let's talk about his. His confession.

[Tyler]

Yeah. None of the. None of his confession. Right. None of his. Because he first says, look, I just held her down in between the chairs. It's seats in a geostorm. She's a small girl. But you don't fit between. I do a bit in the film where I hired somebody to try to make this work with animation, and you can't get her in between the seats and him to hold her legs back. And her head's supposed to be in the back seat. And she. He always says she was in the back seat. There's no forensic evidence of her ever being in the back seat, just the front seat. There's no. All of his stories. And he says, I leaned the seat back and held her across while Turner choked her. The seats don't go back in a geostorm.

[Brent Tucker]

And it dived down the DNA evidence. I believe he described her as frothing out the mouth and bleeding as well.

[Tyler]

In the back seat.

[Brent Tucker]

There should be DNA evidence of this. There's no DNA evidence. So even though. So this.

[Tyler]

This.

[Brent Tucker]

This becomes the problem. But I feel like anyone could have picked this apart. You have three people that, that, that Know the truth for a small amount of time.

[Tyler]

Right?

[Brent Tucker]

Yeah.

[Tyler]

Right.

[Brent Tucker]

Dusty, Billy and Jennifer. Well, Jennifer's dead, so. So, so she can't talk. So now it's basically two guys words against each other. But DNA evidence is. Is completely backing up one story. And the other story of, of she's in the back seat, she's bleeding froth in the mouth, even just the positioning of the body. If you take DNA evidence out of it, just the way the bodies would be positioned, the car is physically impossible. Should be a softball. But, well, but the story continues.

[Tyler]

Right? So when they. You have a year of this being the biggest story in Virginia beach history, it's a year.

[Brent Tucker]

Did he change his story?

[Tyler]

Oh, yes. Well, yes.

[Brent Tucker]

So it's one thing to write, to stay by one.

[Tyler]

Very, very good. Yeah. So first it's. I don't know anything about it. Then it's like, oh, I just held her legs down and he killed her. And then he, he waits a half hour, they come back in and he's like that story there. I just said that because I was trying to take some of the heat off of Dusty. How that takes heat off Dusty, I don't know. But really, she was dead when I got to the car. She's still in the back seat.

[Brent Tucker]

Right.

[Tyler]

But she was already dead. But then I got in the car and started molesting her body.

[Brent Tucker]

Why?

[Tyler]

Even because of DNA. Because he thought that, you know, Turner had told him, don't touch her, stop touching her.

[Brent Tucker]

Yeah.

[Tyler]

The, the police will, you know, they'll know.

[Brent Tucker]

Yeah.

[Tyler]

And the, the. I mean, this guy, Billy Brown, admits to molesting the dead body. So there's a. There's a level of, you know, just subhuman.

[Brent Tucker]

Yeah.

[Tyler]

And so he had a lot to hide that he didn't want to admit to. And Turner's trying to protect his swim buddy. And then when he does, when he finally figures out a way to, to, to, to get out of this and give. He was. When he saw Jennifer's parents, especially her mother, on the news, saying, please, if you know where she is. You know, when he saw this stuff. And he's sitting and in watching the news and knowing that he knows and it thinks of his own mother and what, you know, it's still upsets me. He. He couldn't take it.

[Brent Tucker]

Right.

[Tyler]

Yeah.

[Brent Tucker]

Which just goes back over and over, you know, to who they are. And again, like, it's a reason why you have character witnesses and things like this matter. The, the guy. There's nothing, there's nothing about him and about his story, his story never changes. DNA evidence backs up his story. And everything from his childhood to even what happens now reflects a guy that's just not capable of this. He's not capable of it.

[Tyler]

Exactly. You wonder how good of a SEAL he would have been just if he'd had to do eight deployments like Eddie Gallagher. Oh, for sure.

[Brent Tucker]

And Billy Joe Brown would have been kicked out of the SEAL community within the year with his drinking problems.

[Tyler]

Just Right.

[Brent Tucker]

One would have had a great SEAL career and it's what the SEALs are looking for.

[Tyler]

Exactly.

[Brent Tucker]

And the other guy slipped through the cracks and would have been caught within a year. No doubt in my mind.

[Tyler]

Right. Actually, the psychologist that I talked to about psychopaths getting into the SEAL teams and he's like, oh, we can't have it because of true psychopath. This always happens, right? This always happens with. So inside of a SEAL team. It's, it's a bomb that's going to go off.

[Brent Tucker]

Yeah.

[Tyler]

And yeah, he. So we have a year of it. This is a year after the O.J. simpson trial. We've got cameras in courtrooms for the first time in history. And we have Brown's judge says, no, no cameras in my courtroom. So Brown goes through this whole thing and at this point he's saying, she's dead. When I got to the car, his lawyer saying, Turner's the one that was seen with her. So you have all this press. It was on Current Affair, was in Details magazine. It was just all this publicity that Brown takes the stand. Well, first you have one of the detectives take the stand and said, when, When Brown's. This is how I, I read Brown's transcripts and knew that they knew because Detective Byram takes the stand and says and reads off Brown's confession. She was here, the one, the first one. Right. Not the. And I held her down. And Brown's lawyer goes, gets him under cross and says, how do these seats configure? How is this that this happened where he says, he plays the seat back and he and ByRam, the, the second detective, he's not lead detective, says, I don't know, I've never looked at the car.

[Brent Tucker]

Wow.

[JD Leet]

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[Brent Tucker]

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[Brent Tucker]

Was it. I don't want to get out of order.

[Tyler]

Right.

[Brent Tucker]

Was it on, on, on Billy's police ride in just to continue to paint the picture of who Billy is, you know, with this one.

[Tyler]

No.

[Brent Tucker]

Okay. Where the, where the police officer as he's transporting goes, is there anything I can get you?

[Tyler]

Yeah, this is actually. They've. They're in. I've got it on tape. It's in the interrogation. The one hour I have. They did like six hours of interrogation, but they wouldn't give me anything. I got the one because it had been entered into evidence so they couldn't stop me from getting it. And at the end of it he's, he's. He's saying, you know, she, she was dead when I got to the car. And the. And Officer Byram gets up and says, can I get you anything? And he says, a beer and a babe.

[Brent Tucker]

You, you want to talk about someone's just not mentally there? Yeah, you're you're on the verge of. Of getting murder charges slapped on you. The officer says, can I get you anything? A beer and a babe?

[JD Leet]

What would you. What would you call that. That type of behavior?

[Tyler]

Like a. Yes. Psychopath.

[Brent Tucker]

Yeah.

[JD Leet]

You think he was gonna. He thought he was gonna get away with it or he just didn't care?

[Brent Tucker]

I. I think. And we've. Not to this extent, but we've. We've. We've. We've covered people who think they're.

[Tyler]

They're.

[Brent Tucker]

They're. They're. They're too. Too big to fail, too popular to be in trouble. I think in his mind, he will outsmart this and he will manipulate it to his favor and he'll get away with it.

[Tyler]

He wrote a letter.

[Brent Tucker]

He's not worried about anything.

[Tyler]

He wrote a letter when he was about 3, 4 before he found God. He wrote a letter to the President of the United States saying that he and Turner should be sent as secret agents to, you know, CIA type operators, that they would be perfect to do. So he's. This.

[Brent Tucker]

Still not living.

[Tyler]

This is Right, right? This is. Yeah. It's just like. Okay, that's. You've completely lost your mind if you think that that's what's.

[Brent Tucker]

It's. I think it's important to note. And like I said, it's. I'm so glad you're here. I wouldn't want to cover this without you because you did the movie on it. Yeah. Lived it.

[Tyler]

Yeah.

[Brent Tucker]

When. When Billy Brown goes to trial are the. And the charges are essential. And this is. This is where it all goes wrong of sorts. They decided that it's not just murder charges because that's one thing. They decided to slap them both with murder and both with abduction, which. That the abduction part of it just continues to play a bad role and continue to bite Dustin in the ass. But is that so That's. That's the. That's the charges that they both. That they both face facing them separate right now. Billy first and Dustin Trout right. Later.

[Tyler]

So when they charge them because Billy has admitted to defiling the dead body, they charge them with both of them with abduction with intent to defile that they went to someplace else and intended to defile her body. Then it shows within an animated object. Right. Billy's hand. Right. That's the. That's what they charge him with. Then they drop that charge against Turner. But it shows up in those soundings, a Navy paper as abduction with intent to defile with an inanimate object. Just in the paper. It just Shows up.

[Brent Tucker]

Yeah.

[Tyler]

Inaccurate. So now the whole. Not only do you have the subduction that never happened, that they didn't go anywhere, but that they were. Had her out in the woods doing stuff to, you know, this is what just went across Virginia beach like a wildfire about how horrible.

[Brent Tucker]

Right.

[Tyler]

These guys were. And it was in the paper all the time. And that charge was dropped against Dusty. And where, okay, if they abducted her, where did they take her?

[Brent Tucker]

And I believe what's really important about the abduction charge is regardless of, of how she was killed, whether it was premeditated or not, because the abduction charge is tied to it. You get first degree murder, felony murder.

[Tyler]

You have an underlying felony, which is abduction.

[Brent Tucker]

Right. And there really is no accomplice to murder after that as well, because once the, once it's part of a abduction, it's first degree murder or nothing. Yeah, essentially. Is that how I understand?

[Tyler]

Yes. And the abduction is the key to the whole thing. If they want to get Turner, they've got to say she was abducted. So they'll lean on. They'll sometimes say, well, even if they killed her in the parking lot, if she died a foot outside of that parking lot, you know, it was during the abduction. Right, right, it was. Then she was abducted. Again, none of it makes any sense. If Dusty were involved in what they're saying, do you think he would have.

[Brent Tucker]

Yeah, let's, let's go over that real quick because abduction and heck, we can even, you know, fast forward to what happens to Billy Brown, because I don't think it's, it's any surprise Billy Brown gets, gets charged with first degree murder as, as he should and he gets 75 years in prison. But the abduction, and this again is what goes back to the abduction so important, he should have got first degree murder anyway, so the abduction doesn't really matter in a weird way to him. But as we, as we transfer over to Dusty, the abduction means everything. And how do you prove that you're gonna abduct someone when you show them your driver's license? That's a, that's a horrible plan for abduction, is to show her friends your ID and your driver's license. It's a horrible plan to have to say, hey, link back up with me the parking lot at 2am if you guys want to go, I'll make sure she, she links up with you at 2am so they have a plan and this. And her friends corroborated this. They have a plan to link back up. So how can you prove that? This, that they had a plan to abduct when the plan was to meet back up in the parking lot at 2am when the bar closes and you're.

[Tyler]

In a bar where people know you, one of your accomplices drinks himself so he can't stand up and you're in a 1990 Geostorm. It's just. I don't know anybody that would make a plan like that. But two Navy SEALs, right?

[Brent Tucker]

Let's take it right. Yeah. Let's take that into consideration as well. Like you. You have guys for the last two years of their life trained to make plans and execute plans that worked. You know, if these guys.

[Tyler]

Your ass chewed out, if you don't do it right.

[Brent Tucker]

These guys wanted to abduct someone. Sure. You can say, Billy Brown was so messed up, he's drunk and he'll make a bad plan. But you can't say that about Dusty. So it's really. You would think when you're watching this, it's starting to kind of unfold. Like, okay, this. This is where it just gets crazy. Billy Brown gets 75 years as. As. As he should when they. And when they transfer it over to Dustin's. And they had to, because they were together and this was their plan to charge them both. Now you also have to make these same charges stick to Dusty.

[Tyler]

And you would think that it's illegal to try cases with two separate stories, but they kind of do. And Dusty's case, they're like, well, it doesn't really matter if Brown killed her. And Brown's trial, they're accepting that Dusty killed her and you held her down. We're taking that story and saying, but you're still. We'll run with that. Okay, but now in Dusty's trial, they're kind of saying, well, it doesn't really matter if. Because they abducted her and that's a felony murder.

[Brent Tucker]

How did they. So how did they get around the DNA evidence when they're like, okay, well, if you killed her or if Dust. The story is that according. So we have to believe one story or the other. One story places her in the backseat. Your story places her in the front seat. There's plenty of DNA evidence that she was in the front seat. No DNA evidence that she was in the back seat. At the end of the day, they have to prove what happened. How does that. How does that get lost?

[Tyler]

In the Commonwealth of Virginia, the law is the prosecutors determine what is exculpatory evidence. Dick Bridges, Turner's lawyer, says to Linda Summitt, they're going to give Us all their reports, all the DNA, all the forensics they're going to. We don't need to spend any money on that because he, he, he was something else about the money that, that he made off of this for so little representation. But so they never get their own private forensics done on it. What the state does is they say we're not going to enter it into evidence. So you don't get it. You don't get the forensic evidence that we've done because we're not going to enter it into evidence.

[Brent Tucker]

They assumed incorrectly that it was going to be entered into evidence on the prosecutor side. So the defense didn't waste the money on it only to find out the DNA evidence never came. And once neither side presented it, it's.

[Tyler]

Not, it wasn't entered into court.

[Brent Tucker]

That blows my mind. That blows my mind.

[JD Leet]

And probably a lot was learned in that case.

[Tyler]

Yes. Oh, yes. Well, the poor family.

[Brent Tucker]

Dick Bridges was at the end of his career. He was. Yeah. This is about this. Probably one of the last cases that he's gonna try. And you, and you can. This gets. Talk a lot about the documentary where a lot of people who are watching this and we're still on Dusty side because, you know, they believed in him. Like, they're very adamant. Like the, the prosecution was, was.

[Tyler]

Jury selection took four hours was just better.

[Brent Tucker]

The prosecution is just better. And, and the defense attorney was just a, A bump on a log.

[Tyler]

Yes. Yeah. If you. It's depressing to read the, you know, because I read Brown's transcripts and his lawyer did a great job of trying to say it was Turner. It was Turner Bridges with the news coverage. He didn't really even seem to understand what Dusty was case was that at one time Bridges says he wasn't even there. Like, do you not understand your own. Like, he, he just didn't. He. He. And you know, in his behavior afterwards when he gets, you know, they fire him and. Well, we'll get to that. That one quote that he says that. Yeah, yeah, yeah. You know where he is as a, as a lawyer.

[Brent Tucker]

When you correct the. What seems to be. It really does. I mean, what seems to. But outside DNA evidence, that's a problem. There's another problem that, that they, that they kind of. The judge kind of fumbles, which is they don't let the jurors go out and see the car. Instead, what they have is a mock up of just the front seats and back seats. Well, it's hard to understand how tight of a space the car is without the roof, the doors, everything keeping you within a confined space. They just, they wheeled in just two front seats and a back seat.

[Tyler]

Why?

[JD Leet]

Did the judge explain why?

[Tyler]

Yeah. Judge was a former Navy captain asked to be the judge on Turner's case. It wasn't his rotation to be the. He, he. He saw every decision he made in that trial was pro prosecution.

[Brent Tucker]

Yeah. Yeah.

[Tyler]

Brown, Brown's judge was quite good. Bonwell Shockley, a female judge. But yeah, that, that judge, you know, was when it.

[Brent Tucker]

We'll talk about. So the decision comes down. We'll fast forward this a little bit. But the citizen comes down because. Because even when this is over, it's not over. The decision comes down. They. They find him guilty of murder.

[Tyler]

Yeah. Abduction.

[Brent Tucker]

Of abduction and murder. Here's what's crazy. Billy Brown gets 75 years. Correct. Is that 72? 72. You want to know what Dusty gets? Life, 82. He gets 10 more years without parole. Without, without parole.

[Tyler]

Because they just, they just, in 95, they just got rid of parole. That comes back now. But, but yeah, so add that and.

[Brent Tucker]

And the jurors later, you end up find out it. They, they weren't convinced. And let's talk about what the jurors had to deal with, what they, what they revealed later as well.

[Tyler]

Yeah. The jury foreman I talked to, he wouldn't do it on camera, but he said that, that most of the men were thinking three to five. It was in the instructions, which is, you know, you're not supposed to have in the instructions during the, the guilt innocence phase. Verdict phase. What. But it had in an instruction 11, it said you can find him guilty of accessory after the fact, which is punishable with 12 months in jail and a 250 or $2,500 fine. So they, during the verdict phase, knew that he was going to walk out. He'd already done that much time in the county jail.

[Brent Tucker]

Okay.

[Tyler]

And so they were like, no way we're going to do this. So that was brilliant. Again, that they got that in.

[Brent Tucker]

Okay.

[Tyler]

Horrible by the defense that it's not in there. And wow. A judge allowed that to be. It's a bifurcated system. You don't tell them what the sentence is during the verdict phase.

[Brent Tucker]

So misstep on the judge.

[Tyler]

Yes.

[Brent Tucker]

Shouldn't have been.

[Tyler]

Yeah. And the defense to let that through. So they told me that. But there were a couple women in the jury that if they could have given him the death penalty, they would have. So they.

[JD Leet]

Because I would have gotten rid of those.

[Brent Tucker]

Right. But like you said, before the jury. The defense gave no pushback on jury selection, really said it was the easiest jury selection they'd ever had.

[Tyler]

The prosecution took less than a half a day.

[Brent Tucker]

The. And on top of a time where the media has run amok with this story saying a bunch of things that weren't true, which, you know, we've covered enough between Breonna Taylor, George Floyd and the rest of it. Absolutely. Once, once the media gets a hold of it, it doesn't, doesn't matter what's, what's true or not. They will sensationalize the story and never.

[Tyler]

Back off of what they said. Oh, wait, back then when we said this, that was wrong. They're never going to do that.

[Brent Tucker]

Right. So all these jurors are tainted by a sensationalized story and they can't, they can't unhear it. Except you. You expect your, your defense attorney to, to change their minds. But it sounds like what should be happening right now is a hung jury. Because it does sound like some people. I don't, I don't fault some of the people to say, like to say, hey, he deserves more time in this. We've been very clear about this, Dust. Dusty's not completely innocent. He shouldn't have drove. He shouldn't have helped with the body. Yes, he came out later because he couldn't deal with it. But, but he didn't, he, he didn't deserve 80. Life without parole, I mean, call it, you can call 80, whatever years. So you didn't deserve life without parole. He didn't do the murder. He did not. In fact, if it wasn't for him coming clean about it, who knows?

[Tyler]

Yeah, it's unlikely they would have solved it. They would have found that body. But how do you connect it to them?

[Brent Tucker]

Right? So why wasn't it a hung jury? Because it doesn't seem like those guys. At end of the day, they wanted more than 12 months. Okay, but there's a big difference between 12 months and 80 something years. Had they, you know, had they, they tell you how they came to the conclusion of, okay, well, if, if it's either life or nothing.

[Tyler]

They came out and, and said they couldn't come to a decision. They needed to know whether the, the sentence was going to be consecutive or concurrent. He wouldn't answer that. They wanted to know about parole. The judge wouldn't answer that. Said, go in there and make a decision. You got to, you gotta, you gotta make a decision. And everybody just went, went along.

[Brent Tucker]

Yeah. So it doesn't end here. As you'd Imagine with being an innocent person, he is wrongly accused for He. I don't think you've talked to him. Sure, he makes no bones about what he did, but he does, Right? And rightfully so. What he didn't do, you would think at this point, like, this is why you have an appeal system. This is why you have other things in a fully due process system. What happened with the appeal?

[Tyler]

Well, some strange things happened in the courts. Probably his best chance was habeas against Bridges for his representation, and that got filed too late. All of the appeals, which they spent hundreds, you know, they. They file. They fired Bridges and. And. Which was probably a mistake only in that he knew where all the.

[Brent Tucker]

He knew the system.

[Tyler]

Yeah. And he knew where they. Where there were openings. But she was just so. Dusty's mother basically ran the show and she was so distraught with how little they had done for. And she fired him. And she says, you know, that the deputy Bridges. Deputy took her aside and said, look, you know how much money is at stake here. There's movie deals, there's all kinds of stuff that you can't fire us. Right. This is going to be huge.

[Brent Tucker]

I think that's the least of a mom's concern right now.

[Tyler]

Yes. And she was so irate at that point.

[Brent Tucker]

Like, what a weird thing. What a weird thing to come back.

[Tyler]

And say it was. Yes, exactly. And so somehow the paperwork is filed too late in that system. I don't. It's hard. Hard to say. But all of. All of his appeals, hundreds and thousands of. Hundreds of thousands of dollars worth of appeals go nowhere. And then Billy. It's 1999, and Billy Brown gets sent to Red Onion, one of the toughest prisons in the world. Well, in the United States, basically solitary confinement. It's 1999, and he gets sent there.

[Brent Tucker]

Because he's been less than an ideal inmate. Sure he has. He hasn't changed yet.

[Tyler]

No. He's making toilet wine and putting rubber rooms and, you know, assaulting guards and.

[JD Leet]

Oh, Billy.

[Tyler]

Oh, Billy.

[Brent Tucker]

But just. Just, you know, you think there's a break in the story and something amazing happens. Something amazing happens. What happens to Billy?

[Tyler]

He's in a cell 24 hours a day for a year and starts reading the Bible. And I've talked to him. He can quote the Bible from beginning. There isn't a verse he doesn't know. And, you know, you can question whether a psychopath can become saved, but who better?

[Brent Tucker]

Right? Right. Right. Yeah.

[Tyler]

Right. He's. He realizes what he's done, and when he comes Forward. He calls his lawyer, and his lawyer says, I don't believe you. He's like, look, it happened just the way I was so drunk. I don't really remember it, but it happened the way Dusty said. And, you know, I've got to come clean or God's not going to let me into heaven. And so he. He writes a letter and writes a letter to Dustin Turner's mom. And she's suffered a brain aneurysm. You know, she's, you know, you can imagine what this has done to her. And, you know, she's driving from Indiana to Virginia. This whole time, you know, Dusty's, you know, on the edge of, you know, he's thinking, I'm a seal. I could break out of here. And, you know, and then word comes from his mom that he has written her and said, I did it. Do what you got to do. Send a lawyer. I'll sign an affidavit. I'll do whatever is needed.

[Brent Tucker]

And you would think this would be a huge break in the story. In fact, he. When. When he eventually does, you know, get to attempt to right his wrong. Like I said, the guy, he's. He's a completely. He is. He's a completely different person. He's quoting the Bible.

[Tyler]

It's.

[Brent Tucker]

Yeah, he brings up Proverbs 28:13. This. This hits him hard, you know, while he's in prison. And he goes, he who conceals his sins does not prosper, but whoever confesses and renounces them finds mercy. He wants to find mercy in the sight of God. And he says this very, almost too bluntly on stand. And he says, hey, I'm not really doing this for Dusty. Like, I'm doing this because it's the right thing to do. I'm doing this for God. I'm doing this to, you know, for. For those reasons. You know, basically, the Dusty things, a byproduct. But this is between me and my. Me and my Lord and Savior. Like, I. I have to do this. And it is an odd way to. To say it, but he's not wrong, you know, if that's what he believes. And I. Obviously, he's walking the walk and talking. The talk is there's. There's. He's. He's in prison for life. He's. He's not trying to get out of anything and get his. His sentence reduced, right? He just wants to confess his sins.

[Tyler]

Right. And he's completely different person since then. He's, you know, he works with people on when they're going to get Out. And you know, he's not as good as Dusty. Dusty started a, a recycling thing for his prison that then was, was picked up for the entire state, really. Right. And now California is using this system. He started a dog rescue dog thing to where to make them helpful dogs. You know, he started programs because what do you do when you're a young Patriot seal in this situation? You can either become part of the Aryan brotherhood or you can do good things.

[Brent Tucker]

And it just goes back to the picture we painted of him. He was never this person. He's not this person. Even in jail he continues to be who he really is. Someone who's not capable of this. Someone who's only told the truth. Someone who made a mistake but doesn't deserve 80 years in jail for another person's mistake.

[JD Leet]

Know what's crazy too, is that it almost make, gives it more credibility when he comes and says this isn't for him, this, I'm doing this for me. Like it's almost like, right, like I could get, maybe they were worried like, oh, he's just saying that to get somebody out of prison.

[Brent Tucker]

Right. But yeah, that's, yeah, there's another good, good point to that I got. And, and unfortunately that is how the, that is how the state sees it. They have a hard time doing the right thing, which is crazy to me that they even verbalize this. And they basically say, well, we can't set this precedence. Like we have to fight this because if we set this, you'd think it's over, it's over. The guy whose story has never changed, the guy who, who was the bad guy throughout this, who does the murder, who clearly has a motive to lie and out of vengeance, bring you down with me. He finally comes clean and says he was, he was right the whole time. Which DNA evidence again will, will also prove. Instead of, instead of saying, hey, well this is over, the state bucks back and says, well hold on, we can't allow this because basically every, every two per, every, every two person accomplice, you know, crime that's in prison right now, if one person just, just says, hey, the other person didn't do it, then we'll have to let a bunch, we'll have to let a bunch of people out of prison, it will set a dangerous precedence. I don't know if you did a good job of explaining like their mindset behind that.

[Tyler]

No, that makes sense. No, that's exactly what it is. There was a case called the Car Pitcher case where an American Indian in Virginia was accused of molesting his stepdaughter and he went away to prison. And then his stepdaughter came forward, said, I lied about the whole thing. I just didn't like him. And they were. They refused to let him go. And they used that as precedent for Dusty's case. That.

[Brent Tucker]

This is what. This is essentially what I hate. And this is basically mass punishment. No, that's not how it works. Just because one person comes clean doesn't mean it sets a precedence. If, if one person comes clean, then every case gets its due process and we'll find out if someone deserves it or not. Like, it's. It's crazy to me, that's how they viewed this.

[JD Leet]

Yeah, I get setting the precedent in court, that's a very, very big thing in court setting precedence. But when you're talking about innocent until proven guilty and beyond a reasonable doubt, like, I don't think that lumps into anything. That's not evidence. That's not like a one part of the investigation or the court process. That's the whole fucking thing.

[Tyler]

Right. And they call it finality. And in Virginia, and once you've been found guilty, all of that innocent, filled, proven, you know, that's for your first trial on, on appeals, they don't really use the same words. The same. There's.

[Brent Tucker]

You'd know it better. There's. There's several aspects of this where it kind of feels like if it happened in a different state, it happened a different way. But Virginia just has a couple really unique ways in which they run their judicial system.

[Tyler]

Absolutely.

[Brent Tucker]

One, including if you, if you try for a governor, you have to correct me if I remember it right, but if you, if you attempt a governor pardon and you don't get it, it's like it's one shot and you're done, and you never get another chance at it.

[Tyler]

Yeah, they've changed that. But. Okay. And. And at one time that was. Right. Yeah. A big thing that happened with Turner's case. This is thing called Fishback. A guy named Fishback was. It was a robbery charge, but it happened in the late 90s. And the. They asked if he was up for parole, you know, will he get parole from 95, when they outlawed parole, or got rid of it, to 2000, the state. The courts did not tell jurors that there was no longer parole.

[JD Leet]

Oh, that might change some stuff.

[Tyler]

Yeah. So they intentionally would not tell you there was. So Fischback sued the state one. And then all the people that are between 95 and 2000 are eligible for parole. Nobody Gets it. But they're right, they're eligible for parole.

[Brent Tucker]

The, the heartbreaking thing about this is even though they fought it, when he comes, when he comes forward with this, you know, admission of guilt and pure guilt and, and clearing Dusty's name, he does get a, he does get a retrial or does get a. A lower court says, you know what, hold on. Things have changed. And they, and tell me how.

[Tyler]

It's called the rid of actual innocence. And it was a new. They'd had to correct. They didn't used to have it. They didn't have. If you didn't have. They had a. It was called the 21 day rule. If you didn't have anything But DNA after 21 days, if the actual killer came forward, if there was videotape or whatever, if it's after 21 days, it's not allowed in. So you can only.

[Brent Tucker]

That's a Virginia thing as well.

[Tyler]

Virginia thing.

[Brent Tucker]

They changed 21 days for someone to magically come forward.

[Tyler]

Right.

[Brent Tucker]

Day 22 doesn't matter still.

[Tyler]

Exactly.

[Brent Tucker]

That's crazy.

[Tyler]

Yeah. Well, it's this finality thing. So they changed the law and that allowed Dusty to. Well, he'd already applied for a pardon from Governor Warner back then. And then they changed the law to where you could do this 20. And so Governor Warner got out of it because. Oh, wait, there's a legal way now that you can do this so I don't have to pardon this guy, which I agree with.

[Brent Tucker]

Like if there's a legal way to do it, sure, send it down there.

[Tyler]

And that's what happened in 2008. I was out in Hollywood and Dusty got his day in court. Virginia Beach Judge Frederick Lowe heard the writ of actual innocence. They brought Billy in on the stand. I'm there with a camera and, and he confesses to all of it. And the judge there says he's telling the truth. I can tell all the evidence supports it. Vacate that. Vacate Dustin Turner's conviction. The state appeals, Commonwealth appeals. That goes to a three judge panel, a brand new judge that had just been put on the appellate court.

[Brent Tucker]

So before this. Yes, Dusty, the family, everybody thinks he's getting out. Yes, he thinks he's getting out a day, a week.

[Tyler]

He's given all his stuff away in prison.

[Brent Tucker]

He.

[Tyler]

Why wouldn't you? Right? Yeah.

[Brent Tucker]

A judge, a guy admits to it, the judge believes him. Finally this nightmare is over.

[Tyler]

Right. So gets appealed, it gets appealed. It takes a year or so to get up to the, to the three judge panel.

[Brent Tucker]

So he's stuck in prison for a year waiting for the appeal.

[Tyler]

And it gets to this three judge panel and Cleo Powell, a brand new judge to the, the two men on the, on the panel agree with the lower court and say, yeah, let him go. And judge Powell comes up with a theory that we could, we have to believe Brown because the lower court said we have to believe Brown. And if we don't believe him right then, then everybody that's gone in front of these three judge panels, everything's wide open. So we got to accept that lower court. But okay, what if Turner had bad intentions for her and when he walked out to the car hand in hand, he abducted her by deception because he was going to rape and kill her on his own?

[JD Leet]

Those just make up stories.

[Tyler]

Yes, exactly.

[JD Leet]

What if he was a Martian?

[Brent Tucker]

Right, exactly right. They basically.

[Tyler]

So she, she votes against, but he wins 2 to 1 at that court. But then they take that theory of.

[Brent Tucker]

The crime to the full to the Virginia supreme court.

[Tyler]

Well, first the appellate court, which, guess who sits on that appellate court, recuses himself. But the prosecutor, Bob Humphries, is on the court of appeals. He had been, he jumped over all judges in the state from being a prosecutor to being an appellate court judge, and he recuses himself. But that court uses that theory and says, no, we're going to overturn the lower court.

[Brent Tucker]

And that's where I wanted to make a point earlier. And it comes back around and really all has to do with abduction. Correct. I mean that's, that's really what. Once they've tied it into abduction. And this is what kills me, a theory of abduction. And this is what just drives me crazy about this case. None of the, none of the courts above them that, that overruled the lower courts of, of saying, nope, he's innocent. And then everyone else who, who would, they kept on appealing up to basically maintained this. Not nothing on the evidence of the murder. Nothing, nothing other than this theory of abduction. And just us right here, we can, we can go back and completely dismantle, you know, this theory of abduction will do it again. You don't show a driver's license to the friends of the people, you, that you're gonna duck their friend. You don't have a rendezvous plan. So there's nothing that, that they get to bring this theory of abduction and say, okay, but these are things that they did which would make sense that that would ground this abduction theory. It's just a complete off the wall theory with no evidence supporting it. Yet they continue with it and it gets through and it gets through, goes.

[Tyler]

To the Supreme Court of Virginia and they side with it and he's going to spend the rest of his life in prison.

[Brent Tucker]

All off of a theory of abduction. At the end of the day, that's what it's over.

[Tyler]

Yes.

[Brent Tucker]

Because if she dies at any point during this abduction, then the, then the ruling stands. Regardless of who killed her, how she died, what happened. Legally. The, the, the original, the original ending of guilty is, Is still true if you tie it to abduction.

[Tyler]

Exactly. Then that was the brilliant.

[Brent Tucker]

Not blow your mind. Just blows my mind.

[JD Leet]

I mean there was. You didn't have. You shouldn't even have to defend that. You shouldn't even have to bring the theory of abduction, you know, to a falsity. Like it's. But you did. But you did anyways. And they still.

[Brent Tucker]

And so if you see how like what's. Once I watched the second half of this documentary.

[Tyler]

Right.

[Brent Tucker]

Completely changed my mind. I was still. I was so open minded. But yeah, like I was very. You know.

[Tyler]

Yeah. He drove away. He handled the dead body. He put it, you know, again though, I don't know what else you're going to do.

[Brent Tucker]

Right. The man made a wrong decision. I can even kind of explain why it happened. I can sit here on my high horse and say should have never done it. Regardless of how you stand on that. The law says he didn't do. He didn't do the murder. He didn't defile her body. He never had intent to do anything bad. He got caught up in a bad situation, made a couple bad decisions that he corrected. No one forced him into it that he corrected. That you do not deserve to spend the rest of your life in jail for a mistake you made and then undid. What. What does he deserve. He deserved. The law says that, that, that, that he should have got accomplice to murder after the fact. 12 months time served, you're gone. You want to slap with something more? Three or five years. Hey, it, it sucks to make a bad decision. What is going on to this man right now? It's just wrong.

[Tyler]

It's exactly. And you're not alone. You know the film, I think change.org has 8,000 signatures. There's a group of people, I call them Dusty's Angels that have watched the documentary and started a website, freedusty.com a lot of people, you know, contact the parole board, write senators. And anybody that gets down deep into the evidence of this case knows exactly what it. Like you said, it's the second I said I set it up to where you know, you're not sure. And I did some cuts of the film where it was like a whodunit. But then you didn't care about Dusty. I had to lead off with Brown confessing so that you, you know, so you know that this is so pretty.

[Brent Tucker]

Much the, the only chance that Dusty doesn't die in jail for a murder that someone else committed and put him into this, into this predicament. It would still be a clemency from, from the governor.

[Tyler]

Yeah, it was governor clemency by the governor or. Yeah. Right now it's Glenn Youngkin. There is parole, but like I said, any of the Fishback cases, they just give it a once over and. Because they have to. But I don't know if, but parole and clemency are the, are the way to go.

[Brent Tucker]

Let's just the name of the documentary one more time.

[Tyler]

Target of opportunity. The U.S. navy SEALs and the murder of Jennifer Evans.

[Brent Tucker]

Where can you see it?

[Tyler]

You can see it on Peacock to be Amazon Prime. It's on those.

[Brent Tucker]

Yeah.

[Tyler]

Yeah.

[JD Leet]

Wow.

[Tyler]

Yeah. Oh yeah. I'm a big shot.

[Brent Tucker]

It's all self taught. Yeah. Hey, and, and I say this, you know, we've, I feel like we've, we've covered it, you know, very, very fairly. I believe you covered it, you know, very fairly. If, if, if you believe that, it's just, to me it's a story that should be told and everyone may come to a different conclusion. I do believe most, most, most logical people will hear this and be like it's not right. And if, if that's what you believe, you know, reach out to people, you know, there's, there's going to be a, tens and tens of, tens of thousands of people that, that see this. You know, if everyone said there's 8, 000 names on that.

[Tyler]

Change.orgChange.org freedust free dusty.com we could triple.

[Brent Tucker]

Those numbers on, on this podcast. And I tell you what, there's, you know, we, we have some connections on this podcast and I'm, I'm, I care enough. I'm, I'm gonna use them to try to do whatever I love it do because I, I just, just don't believe that what's happened.

[Tyler]

Well, when I talk to old SEAL friends of mine, any, anyone that understands the evidence is behind me and proud of me and supports me. Yeah, there's still some people that just believe what they were told.

[Brent Tucker]

Right.

[Tyler]

But just learn the facts and, and, and thank you for your help.

[Brent Tucker]

Absolutely. Is there anything else you want to Plug or say in other future projects or just anything in. In closing. Because I got one last question for you. But you do this.

[Tyler]

Sure. Well, no, I just go to. They're on Instagram. They're.

[Brent Tucker]

Yeah. What's Instagram? That. Which. Which is ironically what. What got me on this was.

[Tyler]

Yeah, I don't really do much social media. I'd have a lot better business if I did. But I have people that try to help me. But yeah, go to the, to the Instagram Free Dusty the Navy SEAL left behind I think is what they. How they call it. And it really is. It's. I was a boat guy and a comm guy and when I left that prison after taking that camera in there the first time and hearing this guy tell this story and I was like this kid is telling the truth. This. You know, he was only like 25 or something at that point. I was just like. When I drove away I felt like I was on a. An H sac, A high speed assault craft driving away with a SEAL left on the. In the jungle and that I was leaving him behind and that I could. I can't do that. We don't, we don't leave. We don't leave people behind. And I'm gonna, I'll die fighting for it.

[Brent Tucker]

Yeah. The. Just want to double check it. The Instagram handle is Free Dusty Turner F R E E D U S T Y T U R N E R Free Dusty Turner All All. All one word. You guys can. Can follow that and, and continue to get updates on. On what's happening. But this, it really is a. It's a heart wrenching story for everyone in a weird way. And I just thought of it now. It's such a weird thing to say, but two people essentially lost. Two innocent people lost their life over this. And, and I don't mean this in a bad way. And then ironically enough, you know, the only person who saved their life out.

[Tyler]

Of this Billy Brown.

[Brent Tucker]

Billy was Billy. You know, he comes. He comes to know Jesus Christ as Lord and savior and he's the one who actually. And that's, that's not a hit on him. It's just the irony of this story.

[Tyler]

Right.

[Brent Tucker]

You know, I don't. His story would have ended horribly. You know, we don't know. Maybe God has a plan for him and maybe you know, he could have miraculously saved him at any point, but he chose to save him after murder and in prison and. But something tells me this story would have ended very poorly for him going down the road. He was On. It's just a real ironic twist to it when you think of it through that lens.

[Tyler]

Yeah.

[Brent Tucker]

Gosh. Well, I'm depressed and upset when you watch it.

[Tyler]

You're so mad when it's over.

[Brent Tucker]

Yeah. It's one thing to hear about it. Please go watch the documentary. You'll, You'll.

[Tyler]

What's it called?

[Brent Tucker]

One more time.

[Tyler]

Target of opportunity. The U.S. navy SEALs and the murder of Jennifer Evans.

[Brent Tucker]

Okay. And you'll get to, you know, see the faces and hear the interviews, and they go into even, you know, even deeper parts that, that we didn't get to that really. If, if, if, if this one gets you interested, that'll, that'll solidify it. So with, with that being said, being a little bit of a more somber episode, you got to, you got to finish this up with a, with a funny story.

[Tyler]

Oh, a funny story. I was, I was on a real quick.

[Brent Tucker]

By the way, this goes one or two ways. Yeah, this either goes. We. We had a guy that was, you know, undercover with the Mongols for two years, 20 years ATF, Border Patrol, Green Beret. Just, you know, the guy's got funny stories. Sometimes you hit someone like on the spot, they're like, oh, and they just can't think of it. Or I hit you with this question, you're like, all right, let me tell.

[Tyler]

You just what a storyteller. So, yeah, there's a funny one about being in Colombia chasing Escobar. But the funniest one, the funniest one is we were. I'd come back from Colombia and we were doing something in Haiti and we had a customs boat down in Key Largo, and it was three swicks and three seals. Okay, Go down to this boat and we're, we're supposed to get to Puerto Rico. And then if we're there, we can be used over Delta because we've got somebody, you know, the commanders are thinking, we get people there and we can do it, right? So we run into this hurricane or 52 foot customs boat, and I am. Weapons break loose, so we have to come to a stop. And then it gets crazy and I get sick. I get horrible seasickness, right? So the guys, the corpsman's trying to put an IV in me in 15 foot waves on a right, and I'm just puking and, and, and it's awful. And I go in, sit on the commode naked, and I'm. I'm trying to puke, but I'm just dry even because I've been puking for six hours.

[Brent Tucker]

Right.

[Tyler]

And. And we're just slam and slamming.

[Brent Tucker]

It's my nightmare right there.

[Tyler]

Oh, it's horrible. Oh, the worst thing ever. And a little commode with a shower here. And it leads into the door of where two guys are trying to sleep. We're supposed to be doing two shifts. Like four hour shifts, two guys each. But the only guy that's not puking is the master chief Swick. He's just up there like nothing. Right. Everybody else is white. Yeah. Everybody else is wiped out. We hit a huge wave, and I come down and I shred that commode off of the wall, and I ride this commode down this little passageway. Trying to grab.

[Brent Tucker]

Speaking of the bike.

[Tyler]

Trying to grab all the stuff. Yeah. And I just. I knock that door down. Break right in a commode. Break my toe. Just ride this thing into these guys. These two guys are trying to sleep, and I just ride in naked, riding this commode into their. Into their room.

[Brent Tucker]

Yeah.

[Tyler]

Or the Navy.

[Brent Tucker]

Yep. Can't. That wasn't on their bingo card that night. That's. I assure you.

[Tyler]

They made. I had to repair the thing. I got pictures of me with the. With the seat on my neck, and they made me tell that story for about 10 years.