11. The Final Vote

Summary

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Podcast Summary: The Unforgotten – Episode 11: The Final Vote

Podcast: The Unforgotten (Free Range Productions)
Host: Charlie Scudder
Episode Air Date: June 9, 2025
Season: 2 – Unnatural Causes
Episode Title: The Final Vote

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Overview:

This bonus episode of The Unforgotten delivers the climactic conclusion to a years-long fight for senior living security reform in Texas, directly connected to the case of serial killer Billy Shamirmere. Host Charlie Scudder brings listeners inside the Texas House chamber for the final vote on Senate Bill 1283—the most significant legislative change triggered by Shamirmere’s killing spree, and a momentous victory for the victims' families and advocates. The episode explores the bill’s passage, reactions from impacted families, gaps left by the new law, and the ongoing fight for further accountability and safeguards.

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Key Discussion Points & Insights

1. Context and Stakes: Legislative Change After Serial Murders

• Over five months, 8,700+ bills were filed in Texas, but only about 20% are signed into law. (00:00)
• Charlie (host) believed SB 1283—a bill to improve senior living security—was likely to fail, as similar bills had died previously. (00:00)
• “I’ll be honest, I expected that bill to be part of the 80% that never made it to the governor's desk.” – Charlie (00:17)

2. The House Floor and Introduction of SB 1283

• SB 1283 had already passed the Senate unanimously; the spotlight was now on the pivotal House vote. (01:23)
• Families of Shamirmere’s victims—Cheryl Pangburn, Shannon Dion, and Lauren Smith—were present in the gallery as Representative Cassandra Garcia Hernandez introduced the bill. (02:04)

Key legislative goals of SB 1283 (Representative Garcia Hernandez, 02:41):

• Mandatory criminal background checks for senior community employees.
• Disclosure of whether third-party service providers conduct such checks.
• Establishment of a resident safety and criminal activity communications policy.
• Prohibition of restricting residents from reporting safety concerns.
• Prohibition of obstructing law enforcement’s voluntary interviews with residents.

Notable Quote:

“SB 1283 empowers seniors, provides and promotes greater accountability for retirement community operators and administrators, and will ultimately protect the safety and welfare of Texans living in senior retirement communities.” – Rep. Cassandra Garcia Hernandez (03:45)

• A rare moment of bipartisan unity unfolded as members of both parties quietly backed Hernandez on the House floor. (04:14)
• A standing ovation and emotional recognition of the families in the gallery capped the bill’s introduction. (04:27)

3. The Vote and Immediate Reactions

• The House vote board lit up entirely in green, marking unanimous passage: 128 ayes, 0 nays—a highly unusual outcome in recent Texas legislative history. (05:43)
• Charlie immediately called Cheryl, Lauren, and Shannon, who were gathered together in Austin to celebrate, champagne in hand. (06:04)

Notable Moment:

• On the family members’ sense of the bill’s significance and rarity:

“And it was Unanimous.” – Family member
“Holy Charlie. That doesn't happen.” – Family member
“If you can’t agree on murdered grandmoms, what can you agree on?” – Family member (06:27-06:52)

• The group reflected on years of perseverance—on their third session lobbying, they finally had “caught fire” with the legislature. (06:57)
• Mixed feelings of celebration, disbelief, and emotional impact pervaded the conversation. (07:29)
• The advocacy work, spurred by personal loss, has forged deep bonds with journalists, lawmakers, and amongst the families themselves.

4. Imperfections and Limitations of the New Law

• While major loopholes are closed, the new law isn’t a cure-all:
  • At Tradition Prestonwood, Shamirmere wasn’t employed or contracted; he slipped in as a trespasser. The law would require residents be notified of trespassers, potentially making a difference.
  • For other murders committed outside care homes, the failure was in the investigators' assumptions about elderly deaths being “natural”.
    (11:20-12:33)

Memorable Quote:

“If my mother and so many others knew that there had been a criminal trespasser, they would never have opened their door. This is a simple crime watch for residents.” – Lauren (12:24)

Expert insight:

“False negatives...may happen just as often or even more often...[and] may be far more common than appreciated in cases that might never have attracted public attention had there not been this serial killer...”
– Brandon Garrett, Duke University (13:05)

5. The Push for Further Reform

• Interview with Robert McPhee, son of another victim, emphasized the urgent need for background check requirements in the in-home care sector, which remains unaddressed.
  (14:14-15:37)
• McPhee called for meaningful penalties—fines, business shutdowns, even jail time for violations—to ensure real deterrence and consequences. (15:52)

Notable Quote:

“There has to be consequences and penalties, like stiff penalties, you know, huge fines....there should be somebody, you know, possible jail time. There has to be some huge things or somebody goes, you know what? I don’t want to risk, you know, $500,000 fine...”
– Robert McPhee (15:52)

6. Looking Forward: Ongoing Advocacy

• Legislators have told advocates that they are expected to return next session for further reforms; the families are prepared and determined to expand protections beyond this initial victory. (09:40-10:33)
• Cheryl Pangburn, now living out of state, explained ongoing advocacy is a tribute to their mothers and part of a needed larger movement:

“It needs to be addressed all over the entire country. So it just started here. It’s a problem everywhere.” – Cheryl Pangburn (10:44)

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Notable Quotes & Memorable Moments

• Charlie Scudder:
  “Would this bill have passed without me? Probably. But did this podcast help inform more people about the case and why it matters? I hope so. I know.” (08:19)

• Family Member:
  “None of us wanted to believe it until we actually saw it for ourselves...it was almost reverent...To watch the board light up with all of the yay that. It was…amazing. I don't think we ever thought we’d see the day.” (09:37)

• Shannon Dion’s text after the final passage:
  “We’re going to build on this.” (16:48)

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Timestamps for Important Segments

• 00:00–01:21 — Setting the stage: state politics and legislative odds.
• 01:23–05:09 — House debate and Representative Garcia Hernandez’s introduction of SB 1283.
• 05:09–06:04 — Unanimous vote and House chamber reaction.
• 06:04–08:55 — Family members’ immediate response and emotional reflections with Charlie.
• 08:55–11:01 — Discussion on the impact of advocacy, scope of the new law.
• 11:01–14:14 — Exploration of law’s limitations, witness testimony, and expert analysis.
• 14:14–16:48 — Robert McPhee on in-home care loopholes and calls for greater accountability.
• 16:48–end — Passage confirmed, intentions for further reforms, and closing remarks.

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Episode Tone & Takeaways

• Tone: Resolute, emotional, and cautiously optimistic. The mood is buoyed by a historic win, tempered by the realities of what the law does—and does not—address.
• Takeaway: The passage of SB 1283 marks a significant turning point in accountability for Texas’s senior care industry, the result of tireless advocacy by Shamirmere’s victims’ families. Still, major gaps remain, especially for in-home care, and determined advocates and lawmakers promise the fight isn’t over.

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For listeners new to the podcast or this story, “The Final Vote” delivers a powerful story of perseverance, legislative change, and the daunting work ahead to protect some of society’s most vulnerable citizens.

Transcript

[A]

Over the past five months, Texas legislators have filed over 8,700 bills. If you follow state politics, you've probably heard of some of them. They tackle big headline grabbing issues like THC sales, abortion, immigration enforcement and public school funding. There's hundreds, thousands of others that haven't made the news and only about 20% will actually be signed into law. When I recorded the first bonus episode to this podcast in April, I told you about just one of those bills which would be the most significant improvement to senior living security since Billy Shamirmere's killing spree. I'll be honest, I expected that bill to be part of the 80% that never made it to the governor's desk. Similar bills have failed in the two previous legislative sessions and there wasn't a lot to make me think this year would be any different. But I've got news. Big news. I'm Charlie Scudder and this is a special bonus episode of the Unforgotten Season 2 Unnatural Causes Chapter 11 the final vote.

[B]

Recognizes Ms. Garcia Hernandez.

[A]

This is the Texas House. On May 20th, Senate Bill 1283, the one I told you about already had passed the Senate unanimously, which is rare enough. Then it made it out of the House Committee on Human Services with a favorable recommendation. Now you're hearing the full House debate dozens of bills for what's called the second reading. If it passes here, it will likely become law. Many of the bills are heavily debated at this stage, mostly along party lines.

[C]

Thank you, Mr. Speaker. Members, please extend me your courtesy of giving me your time, attention and compassion on this bill and the families that are here with us today. In the gallery high above in the.

[A]

House gallery sat three of the women you've heard from throughout the series. Cheryl Pangburn, whose mother, Marilyn Bixler, was killed at Parkview Frisco. Shannon Dion, whose mother Doris Gleason was killed at the Tradition Prestonwood and Lauren Smith, whose mother Phyllis Payne was killed at Edgemere. For most of the day, the House representatives had been paying half attention, making jokes and chit chatting as bills were considered one after another. But the hall fell silent as House Representative Cassandra Garcia Hernandez, a Democrat from northern Dallas county, stood at the front podium to introduce the bill in the 2000 and tens.

[C]

Through lax security and exploitation of weak protocols in North Texas senior living communities, over two dozen senior citizens were stalked, robbed and murdered by serial killer Billy Tremeremere. He infiltrated these facilities to prey on his victims. His criminal history should have precluded him from employment at these facilities. These lack of background checks and Security procedures contributed to his ability to access and murder these women. Senate Bill 1283 enhances the safety and security of our residents of senior retirement communities and would ensure that such an atrocity can never happen again. The bill establishes clear guidelines for prevention and response to criminal activities by mandatory criminal background checks for employees, disclosure whether third party service providers conduct background checks, establishment of a resident's safety and communications policy regarding criminal activity. The policy must detail reports made to law enforcement from or within the community, reports of criminal trespass and a prohibition on restriction of residents from speaking with law enforcement, social workers, family members or others about safety concerns without fear of retaliation from the retirement community, as well as they cannot obstruct law enforcement from conducting voluntary interviews with residents. SB 1283 empowers seniors, provides and promotes greater accountability for retirement community operators and administrators, and will ultimately protect the safety and welfare of Texans living in senior retirement communities.

[A]

As Garcia Hernandez spoke, more and more representatives, Republicans and Democrats, stood quietly behind her. It was a remarkable and rare moment of bipartisanship in the state Capitol.

[C]

And before I move passage, I wanted to recognize Shannon and the group that arose from this tragedy so secure our senior safety, which comprises of family members of the victims from these murders. They're in the gallery with us today. Please stand up. It has been a great honor. It's been a great honor and a pleasure to work with you all and to have your trust on this bill. For our seniors. Members, join us and let's save our seniors. I move passage.

[B]

Members. The question occurs on passage to third reading of Senate Bill 1283. A record vote has been requested.

[A]

The clucker ring the bell when lawmakers vote in the Texas House. A large board on the wall records the tally. Green lights for yay. Red lights for nay. As the Texas House began casting their votes for SB 1283, the entire board lit up with green lights.

[B]

Show Ms. Jones of Harris voting on. Show Mr. Patterson voting on. Mr. De Ayala voting aye. Have all members voted? Show Ms. Girvin Hawkins voting aye. Have all members voted?

[C]

Oh.

[B]

Show Ms. Kirkwood voting aye. Here we go. There being 128 ayes, 128 ayes, zero nays. Senate Bill 1283 is past the third reading.

[A]

Just a few minutes after the vote, I called Cheryl, Lauren and Shannon.

[D]

We're here.

[A]

All right. Hi.

[D]

Hi. So it's Cheryl and Lauren and Shannon.

[A]

They were already on a rooftop in Austin, drinks in hand.

[D]

Was the opening statement. Not powerful.

[A]

It really was.

[D]

She got him to shut up.

[A]

Yeah, Especially.

[D]

And it was Unanimous.

[A]

Yeah.

[D]

Holy Charlie. That doesn't happen.

[A]

Yeah, that's. I mean, in both houses.

[D]

In both houses. Yeah. You know, murdered grandmoms will do it.

[E]

Jesus Christ.

[D]

If you can't agree on murdered grandmoms, what can you agree on?

[A]

Why do you think this was different? I keep going through my head of, like, what made this.

[D]

I tell you what, I think when we. We walked down the stairs and it was Republican, Jared Patterson and Democrat. Yeah. Cassandra Hernandez Garcia. But Jared said. He's like, that's what I told you. It just takes a minute to catch fire. By. By the third time that we show up, people are listening. We've been back. We went back for a third time.

[A]

How does it feel?

[D]

We wish you were here to. To cheer with us with our champagne. Yeah.

[A]

Like, it's really. It's. It's. I'm getting a little emotional. It's. It's. It's really incredible that after so much and so much pushing and so much, like, almost. I never would believe the day kind of thing.

[D]

Charlie. Wow. Charlie, you have been there through the whole journey from the very beginning. Thank you. From the very, very, very beginning. So thank you, thank you, thank you, thank you. You're part of the family.

[A]

I'm just telling the story well.

[D]

Yeah, but you got emotionally connected way back in the beginning. Sure did. So you're doing your job, but you're also invested in a different way than most.

[A]

I talked a lot in season two of this podcast about how this case has impacted me over the years. That's not very comfortable for me. I'm a journalist, so I'm not used to talking about myself. It's what other people say and do that's interesting. Not me. It's also hard for me to take credit for things that happen, good or bad, as a result of my work. Of course I want my work to have impact, but how do you measure that? Would this bill have passed without me? Probably. But did this podcast help inform more people about the case and why it matters? I hope so. I know.

[D]

I think in the moment, we were all so much more overwhelmed than I think we thought we would be. We all got so emotional. Now we're celebrating, but in the moment, it was. It was overwhelming. It was overwhelming. It was so powerful to just look down. Our mother's voice, our mother's name on the house. On the house. House. Yeah. They had been all chatty, not always paying great attention on some of the others, and it just got. It was almost reverent. It was reverent. Bad Words. It was like. But no. To watch the board, like, light up with all of the. Yay that. It was like. It was amazing. I don't think we ever thought we'd see the day.

[A]

Yeah, we didn't.

[D]

We weren't gonna believe it. None of us wanted to believe it until we actually saw it for ourselves. The other thing that was cool is that they're not done, like, Cassie's office, like, they're not done with this bill. Like, they're ready to go back next session and do some tweaking to it to give it a little bit more teeth. Like they've got a cause now. You.

[A]

Yeah, I was gonna ask that. Like, what's. What's next?

[D]

We. We thought. We thought we were gonna kind of be done because we didn't. We. We were just happy to get this far. They were like, oh, no, no, no, no. And Shannon will have to tell you because Cassie was directly talking to her. Like, no, you're not done. Shannon, you. You. You are a great advocate. You're so good at it. And there are. There's more that we can do is basically what they were telling her. Yeah, they're like, next session, you're going to be back. We have people working with us.

[A]

You may remember that Cheryl had moved to Georgia recently, meaning she flew in for this vote. I asked her why she had stayed so invested even though she now lives out of state.

[D]

The bottom line is that it was for our moms and it was an industry that is getting away with too much. And we. It doesn't matter where I live. It's. It needs to be addressed all over the entire country. So it just started here. It's a problem everywhere.

[A]

Yeah.

[D]

So, yeah, I'd do it again, you know, and it's funny because, yeah, they were like, yeah, we might be calling y' all back next session. We're kind of speechless right now, you know?

[A]

Yeah, it's just.

[D]

It's amazing, you know. How long do you have it?

[A]

Yeah, yeah, yeah. The passage of this law is obviously a major milestone for the families of Shamirmir's victims. And it definitely closes many of the loopholes that we've identified that allowed Shamirmer to kill undetected. But for some of his murders, this particular law would not have stopped him. Take the Tradition. Preston would, for example. The law that was just passed in Austin will let residents know if a third party company does background checks on employees. But Shamirmere was never employed by the Tradition and wasn't working for any third party company. When he came to the property, he just snuck into the community parking garage over and over through an unlocked door. Granted, when property managers did become aware of the trespasser, this law would have required them to alert residents, which the tradition Prestonwood did not do. It's possible that alone would have saved lives. When testifying in the Senate committee, Lauren said her mother would not have opened the door if she knew a trespasser had been reported on the property.

[D]

If my mother and so many others knew that there had been a criminal trespasser, they would never have opened their door. This is a simple crime watch for residents.

[A]

What about Shamirmer's other victims like those he found at Walmart and followed to their private homes? Like Mary Sue Brooks and Luti Kim Harris or Carolyn McPhee who he met while legitimately working as an in home caregiver for her dying husband. A major part of why those murders went unidentified was because of investigative assumptions about the age of the victims. Remember, here's Brandon Garrett, the Duke University expert in forensic science who told us how these so called false negative mistakes can leave killers unidentified.

[F]

False negatives have enormous consequences too. And in many of these fields there's evidence that false negatives may happen just as often or even more often. And it was sort of widely ignored because, well, that doesn't matter in real life, but of course it matters enormously in real life. It matters to public safety. False negatives are also of enormous consequence and have become more high profile in medical death area. So often when it's a police involved killing, that medical examiner suggests that there might be other explanations or natural causes. This case highlights that these issues may be far more common than appreciated in cases that might never have attracted public attention had there not been this serial killer that was sort of caught in the act of one of the killings. But it sounds like this is the kind of thing that would have gone unnoticed for years had it not been for happenstance. It suggests that also when you have sort of more vulnerable, less privileged people here, it's elderly people who aren't a priority in society, that they may suffer the most from these kinds of false negatives.

[A]

I called Robert McPhee a few days after the bill passed the house. Remember, his mother Carolyn McPhee hired an in home care company to care for her husband. That company had contracted Billy Shamirmere under the name Benjamin Coitaba. A few months after her husband died, Shamirmere came back to the home and murdered Carol. Later the family found out that the in home care company Never did a background check on Coydaba Shamirmer. Well, yeah, so I'm doing a bonus episode of the podcast with this law passing. What was your reaction when you heard it passed?

[E]

I thought it was fantastic. Yeah, it's, it's amazing that, you know, these idiots in Austin can't do it the first time.

[A]

I was going to say it kind of surprised me honestly, because of the, I guess, struggle it's been the last couple times that it went through unanimously.

[E]

Yeah, it makes absolutely no sense but. Well, you know, you're talking government.

[A]

Sure.

[E]

You know. Yeah, it was, it was a surprise. Great surprise. Now we just have to get it. Next one is law doing background checks for in home health care because there's no. No, nobody requires anything. They say they do it, but they don't. Obviously, you know that.

[A]

Robert says he wants to see more regulations on in home caregivers. After the bill passed unanimously in the House and the Senate, legislators have told SOSS board members like Robert that they want to continue working on this issue in future sessions.

[E]

There has to be, there has to be consequences and penalties, like stiff penalties, you know, huge fines. Take, you know, close the business, shut the business down or franchise if it's, you know, really huge, you know, like murder, you know, there should be somebody, you know, possible jail time. There has to be some huge things or somebody goes, you know what? I don't want to risk, you know, $500,000 fine. I'm just happy that stuff is going the, the right way where we can get, you know, regulations in place to keep, you know, the future people safe. It's too bad that it had to get to this for a bill to pass that should have been there the entire time.

[A]

The morning after the bill passed the House on second reading, it was read a third and final time. A final stamp of approval. Again, it passed unanimously. But because the governor did not veto it before a 10 day deadline last week, it will officially be law in the state of Texas. It is set to go into effect September 1st. Shannon texted me a few minutes later. We're going to build on this, she said. If and when they do, we'll be back. Until then, the Unforgotten is a Free range production. Season 2 Unnatural Causes is created, written and hosted by me, Charlie Scudder. Our producer is Wes Ferguson. Theme song by AJ LeGrand Wes Ferguson is the executive producer at Free Range.