Who's next?
I mean, that was our big fear.
You know, by the time we observed the autopsies, we were very frightened that this individual, whoever it was, would continue killing people.
I'm Scott Weinberger, investigative journalist and former deputy sheriff.
I'm Anastasia Nicolazzi, former New York City homicide prosecutor and host of Investigation Discovery's True Conviction.
And this is Anatomy of Murph.
Whether you're in a small town or a big city, a homicide investigation can demand an enormous amount of resources, personnel and hundreds, sometimes thousands, of hours.
And since every murder requires the same attention, there's no economies of scale in detective work.
Double the homicides, double the demand on your police force.
The exception being when those homicides might be connected, when evidence suggests that multiple murders may have been committed by just one killer.
It's an efficiency no department wishes for.
But when two investigations merge into one, it can pay dividends in resources and, of course, in the hunt for justice.
My name is Stacey Hayworth.
I've worked at the Multnomah County District Attorney's Office in Portland, Oregon, for 31 years.
Our guest today has plenty of those investigative hours under her belt in her career as a prosecutor in a county that encompasses a large portion of the Portland metropolitan area.
Most of my time was spent in person crimes domestic violence, domestic violence unit, criminal unit.
The gang unit, theft unit.
But most of my emphasis was doing homicide cases.
And unfortunately, the majority of those homicides often brought her back to the same area about five miles north of downtown Portland, a transitional neighborhood with a high crime rate.
I would say that a good 50 60 percent of the homicides I responded to were in that general vicinity, five mile area.
But throughout the early 2000s there were plenty of young professionals that recognized the neighborhood's charm and potential.
Among them were 32-year-old Daniel Calloway and his partner, Johnny Schultz.
In the past, when I first began as a DA, it was not considered the best place to live.
There had been a lot of gang activity in that area.
It had been getting better by the time Mr Calloway and his partner moved there, but still somewhat of a sketchy area.
The couple had bought a three-bedroom fixer-upper in the overlooked neighborhood in 2006.
And after a fresh coat of paint and some small renovations, it was starting to feel like the forever home they had always dreamed about.
But on the evening of November 16, 2007, that dream turned into a nightmare.
It was about 10 pm and Johnny had just come home, expecting to see Daniel, who usually got home from work a little after 6 o'clock.
Mr. Schultz was with a friend.
They entered the house, and he immediately noticed that a table was askew in a living room.
Johnny called out to Daniel, but got no response.
The house was unusually dark, except for a single light that was on in a first-floor bedroom.
Johnny went back to that rear end of the house and located Daniel who was laying face down in that north-east bedroom.
Johnny rushed to his partner's side and rolled him over, only to discover that Daniel was bleeding from what appeared to be multiple gunshot wounds, including one to his head.
Johnny called 911 and first responders rushed to the scene.
But it was too late.
Daniel was declared deceased at the scene, shot to death in his own home.
The initial information that I received was that there was a homicide victim at a home on North Montana Street in Portland.
That was about four or five miles outside of downtown Portland.
Stacey soon responded to the scene alongside police.
I approached the house, obviously put on booties for my feet to not mess with the evidence and walk through the crime scene.
The body was still there.
Mr. Calloway was still there.
The scene itself was messy, as you might imagine.
Things were displaced.
There was a fair amount of blood trailing from the living room area back to a northern area of the house where Mr Calloway's body was face down on the floor.
His injuries left no doubt of the killer's intent.
He had an entry wound right in his forehead, just almost at the eye level, but on his forehead.
He also had a wound in his abdomen.
There were also clues to when the murder may have taken place, and perhaps why.
He was fully clothed.
He still had his coat on, so we knew that he was killed shortly after coming home from work.
We had learned from Johnny, Daniel's partner, that a large jug of coins was missing.
We also later learned that there was a number of items taken, primarily camping equipment clothing shoes, that sort of stuff.
Daniel's white Subaru Legacy was also missing from the driveway.
So the initial theory was that Daniel may have interrupted a home invasion and paid the ultimate price.
Yes, we were able to conclude that there were six shots fired.
We found two of the bullets at the autopsy, one still in his brain.
Another one was found in his coat.
And then the other four were located at the residence in various areas in the residence, primarily in the living room area.
But the shot pattern was the first clue that this was not like other robberies that suddenly turned fatal, because the killer did not just fire and flee.
He fired multiple times, striking his victim over and over until he knew he was dead.
The other bizarre aspect was that a mop was used.
And it was obvious that a mop was used because they enhanced the kitchen area by using a substance, a crime lamp did.
And you could see that it had been cleaned up, because you couldn't see the naked eye blood in the kitchen.
But you know, once they used all their special chemicals, it was obvious that cleanup had happened at that residence.
We knew some had happened because we found a bucket and a sponge mop.
But it was so strange because what was this person trying to clean up?
So that's what made that crime scene unusual.
So not only did the suspect not flee the scene, he stayed to clean up or at least tried to clean up any incriminating evidence.
A hint that perhaps the killer may have been someone Daniel or Johnny knew or could identify.
If you're an unknown assailant, you come into a home, you commit a murder, why would you clean up?
So that was just extraordinarily bizarre.
The only thing that we sort of felt like was, was he going to lie and wait for Johnny to come home?
Did this person know Johnny, thinking that Johnny would come home and he would kill Johnny as well?
And despite the killer's efforts, he may have left behind some telltale clues to his identity.
After spraying the kitchen with luminol, investigators were able to detect remnants of not one but two distinctive sets of blood shoe prints on the linoleum floor.
We had two separate types of footprints, bloody footprints.
One of the prints came from a pair of shoes that appeared to have been worn by the perpetrator and then placed underneath a master bedroom bed.
Then it appears that he had taken another pair of Mr Calloway's boots hiking boots put those on and left a separate print in the kitchen area of the house.
So whoever killed Daniel had actually been walking around the crime scene in his victim's shoes, which is just a bizarre detail that once again does not seem to fit the normal MO of a burglar, even an armed and dangerous one.
Or it was possible that there were actually two people involved in Daniel's murder.
And Anna Singer.
I think it's worth discussing and sort of peeling back what the scene was revealing to investigators.
Let me key on a few things.
The victim was still wearing a jacket like if he just walked in.
And so the shooter or shooters were already inside the house.
And the next thing is that cleanup.
So unusual.
Not the fact that it was being done.
But the fact that after cleaning up, they just left the mop and the bucket.
It really almost just goes to it's either one of two things, right?
Did he interrupt a burglary or was it that someone was inside waiting for him?
Kills him and then takes things to make it look like a burglary.
You know, you just don't know which way it goes, but that is going to be at least one of the crimes involved here.
That much seems clear.
Yeah, and either way, the multiple shots show intention to kill and the cleanup definitely shows a consciousness of guilt.
So as investigators began their victimology we talk about that often, learning as much as they could about Daniel Calloway the idea that he would have been the target of this kind of violence seemed incredibly unlikely.
You learn a certain amount about people during these homicide cases, as you know, when you meet their family members, and he was very much loved by his family and his friends.
Daniel Calloways was very well thought of in the community.
Among his friends, Johnny was not able to even think of an enemy.
This essentially was a whodunit case.
According to his friends, he was the last person anyone would want to hurt.
And when you got to know him, you could see why.
Daniel was born in Fort Collins, Colorado, before moving to Oregon in 1979.
After college at the University of Oregon, he moved to Portland, where he began to put down roots in what he saw as a progressive and inclusive community.
He ultimately ended up at a hospital. in town working for the oncology department doing research.
And while his job title was clinical research assistant, much of Dan's work involved interacting with cancer patients and their families, for which he really had a special gift.
He was known to be a very compassionate individual, very loved among his co-workers as well as the patients.
Daniel also had a lifelong affair with the great outdoors and was known for his sense of humor and his dedication to social justice.
Daniel was engaged in his community, went to community events.
He was an active sort of environmentalist.
This is not the type of guy that you would expect to have crime committed towards.
He had no record, nice guy, no enemies.
Nobody who had a motive to kill him.
He was also in a loving relationship with his partner Johnny, a designer who shared many of Daniel's passions.
They had been together.
It would have been eight years.
The day following his murder would have been their eighth year anniversary.
Johnny was also the person who knew him best.
And, as we know, early on in any homicide investigation, that's also the person detectives want to talk to first.
And this is not out of any initial suspicion, but rather out of tried and true routine.
As we know, the vast majority of murders that occur inside someone's home are domestic in nature.
Johnny had been the person who called 911 and he was demonstrating what police interpreted as genuine shock and sorrow over Daniel's murder.
He also had no criminal record, no history of violence, and no gun ever registered in his name.
We knew that Johnny was at a pub in Portland with a friend of his conducting, I think, some sort of business stuff.
He was with her from, I want to say, 6 p.m. until he came home.
So we knew he was not involved in the actual shooting.
Despite some of the unusual details of the crime scene, detectives became more and more convinced that Daniel's killer, or killers, was not someone he knew.
We couldn't see anybody in his life that would have done anything of this nature.
And of course we didn't think anybody he knew would have broken into his home and gone missing and stole a Carlo Rossi jar full of coins.
That's somebody who would be an unknown perpetrator in our opinion.
They believe the motive behind the shooting was robbery.
However, what happened next threatened to change that opinion.
While we were at the Callaway scene into the morning, we learned that there was a second homicide and we had learned that it was only five blocks away from Mr Callaway's house.
Could this second homicide just blocks away really be a random coincidence?
Or were the two murders connected?
The answer would be found in the forensics.
Detectives were still at the scene of the murder of 32-year-old Daniel Calloway when a call came in over the police radio.
Another shooting had been reported just a few blocks away.
Around 5 in the morning, so roughly 10 11 hours later, two people heard a gunshot five blocks away from the Calloway crime scene.
One of the persons who had called in to 911 described seeing Two people sort of drag a person across the street into a grassy area.
Stacey Hayworth, from the Maluma County DA's office, joined detectives rushing to the scene near the corner of Minnesota Street and North Killingsworth, just a short walk from where Daniel Calloway had been killed less than 12 hours earlier.
And like Daniel, the woman had been shot in the head.
She was dragged to a small patch of grass and presumably left to die on the side of the street.
She had been found with just one gunshot and it was on the left side of her head, sort of in the jawline just below the ear.
Fully clothed, her purse was there, no money in the purse.
The victim was ID'd as a local woman named Patricia Andrews.
Patricia was 47 years old.
She had three adult children.
Her mother lived in town.
She was born and raised in Portland.
So the empty purse would seem to indicate that Patricia was also the target of a fatal robbery.
But once again, there were some strange details that stood out to police.
One was the fact that she was not found near her home or anywhere.
She would have typically been walking, especially not at 5 o'clock in the morning.
Yeah, and there was also the possibility that she had been killed somewhere else and left at that location, a theory which was also supported by the condition of her body when she was found.
It looked like she hadn't been dragged, because I think that her upper clothing was sort of moved up on her body.
In other words, the clothing lifted while the body was being taken over to the side of the road, into this grassy area where her body was found.
There's also the fact that she didn't stand out as a typical target for robbery.
She was not in her car, she didn't carry a cell phone or wear flashy jewelry, and typically she carried very little money.
She was not a person who had a lot of money at all.
She spent most of her life, I think, relatively poor.
However, police discovered that this was not a typical night for Patricia.
That particular night, she had been... playing video poker and had won approximately $450.
It seemed like more evidence that Patricia was not picked at random, because how would the killer have known she was carrying that much cash unless he or she knew about her?
Recent good luck at poker.
It's possible that he was even present at the location where she won the money, in fact, quite likely because he would have learned that she won the money.
So much like in Daniel Calloway's murder, you had a shooting death that had all of the markings of a robbery, but with some anomalies that suggested the victim was not picked at random.
Unfortunately, also like in Daniel's murder, there were no immediate leads.
And there was one disturbing detail that had been provided by an eyewitness, that there may have been more than one person involved.
There were two people in a home.
I think one of them walked out and saw these two individuals walking. moving Patricia's body.
Upon seeing that, went back into the residence.
Was very frightened at that point in time and then looked out the peephole of the front door of the residence to see when the two people suspects walked by the home.
They observed one person walk by the home so they surmised it's the other individual left in an entirely different direction.
So was this simply a crime of opportunity, or was Patricia's murder somehow related to Daniel Calloway's?
Usually when we would have homicides close in time to one another, in an area close, it's usually a gang-related homicide or homicides.
In this instance, Mr. Calloway was not a member of a gang.
Ms.
Andrews was not.
So these were not gang homicides.
So it was unusual homicides to have two homicides within a 10 or 11 hour period.
Just the fact that they occurred so close to each other, one right after the other, people in the community could not help but think that they were committed by the same person and were worried that the person was still at large.
It's a nightmare.
I mean, as you can imagine, people were thinking, this is a crime spree.
There's two victims, two separate locations, and there's not a whole lot of time in between.
And who's next?
I mean, that was our big fear.
You know, by the time we'd gone to observe the autopsies, we were very frightened that this individual, whoever it was, would continue killing people.
And it was the autopsies that would provide the first definitive proof that these fears of a killing spree, they were well-founded.
You know, I can tell you that we all sort of had this funny feeling that this doesn't seem right.
But it really wasn't until we discovered at the autopsy that the same type of bullets were used.
The bullet was not the usual type of bullet that is used.
It's called a wad cutter, which has a blunt end instead of a pointed end on the bullet usually used in target practice.
These unique square-tipped bullets, they were the same type found at the scene of Daniel Calloway.
Let me just add a quick explainer on WOD cutter rounds.
They're like tiny flat-top cylinders, like small little hockey pucks, designed primarily for target work and occasionally loaded in self-defense snub-nose revolvers.
You know, these Y-cutters remained a specialized round that virtually never surfaced at real world homicides.
And as an investigator, that would be a really important piece of data.
It was proof that Daniel and Patricia's murders were connected.
Both victims likely killed by the same person.
Which was both a tragic and frightening conclusion.
But it also meant that a break in one case might be a break in both.
So remember that bottle of coins that was stolen from Daniel and Johnny's home?
Well, it turned out that tracking that down would be the first step in solving both murders.
We had a very Whipsmart detective who worked on this case, who had learned from Germany that this very large Carlo Rossi bottle, liquor bottle, had been filled with coins.
And this detective surmised that those coins would be taken to a grocery store, to a Coinstar machine within the grocery store, so that the defendant would be able to have easy access to money.
Yeah, and if you don't know it already, a coin star is a vending machine where customers can bring their loose, change their coins and exchange it for larger denominations of paper currency.
And there happened to be one not far from Daniel Calloway's house.
And it would make sense that whoever stole that big bottle of coins would likely want to exchange it for paper cash.
So the detective found the nearest coin star location and pulled the video.
And sure enough, he went to a Kroger store in Portland and was able to find surveillance video of the suspect pouring the coins into a Coinstar machine.
Now, that video was not the best quality and was not that helpful in getting a detailed description of the suspect, but it was a start.
They knew that it was an African-American male, medium build, I would say, not fat, not skinny.
That's about it.
They could not tell who it was.
So how are these investigators going to identify this person?
Because you typically don't have to give a name or submit an ID to get your money from a Coinstar.
But you do have to bring your receipt to the cashier.
And that's where we hit our first break.
They were able to go through the tickets from the Coinstar machine.
And there was one in the amount of roughly 40, that occurred at the same point in time that the Surveillance showed him.
They knew that this had to be the guy.
The ticket eventually went to the Oregon State Police crime lab for prints.
The crime lab took the paper receipt that was handled by the suspect and was able to lift amazingly, a fingerprint from that.
Now the next step was to try to find a match with any of the prints already on file with local, state and even federal authorities.
And just let me say that this process is not like you see on TV, where a computer screen just spits out a match in a few seconds.
It's more complicated and a longer process than that.
I think people think that it's really easy to compare fingerprints.
But you know, when we provided that ticket to the crime lab, the expert had to go back into records, compare the prints to certain other prints.
In other words, he wasn't just able to put it through a machine and get a match.
So it took a few days for him to make the correct identifiers certain ridges and so forth that he had to use.
And those identifiers signified a match with fingerprints on file belonging to a 27-year-old Portland man named Levine Gates.
Ultimately, he compared the print to an old burglary case that Mr. Gates had been involved in.
And that's how he was able to confirm that it was Mr. Gates.
Levine-Gates had an arrest record that included charges of drug activity, weapons, and burglaries.
But to investigators' surprise, nothing violent.
Certainly nothing coming close to the crime he was now suspected of, a double murder.
He did like to steal cars.
He had two convictions for delivery of controlled substance, cocaine.
So he was a user and a dealer, but not a large dealer whatsoever, more just a hand-to-hand guy who lived somewhat of a marginal life.
He was not on anybody's radar screen whatsoever.
There's really no person crimes that would suggest that he would do anything like this.
Nonetheless, he was now the top suspect in the murders of Daniel Calloway and Patricia Andrews.
The only problem, he had no fixed address and police really had no idea where to find him.
He was on probation and parole, although he had been out of contact, so we did not know where he lived.
So it would take some time to track him down, which would involve identifying past addresses, family members and other associates until they could get a lead on his whereabouts.
But with a suspect capable of gunning down two strangers for what seemed to be less than 500.
Time was not a luxury.
Investigators had
But this is where the case takes a really weird twist.
Because just as investigators are closing in on a suspect...
There's a report of another break-in at the home of the first victim, Daniel Calloway.
But luckily, this time no one had been hurt and the intruder well, they were gone before police arrived.
It was obvious that somebody had been in there.
There were some bizarre things in the house that had been done.
There were a number of matches, like used matches all over the floors, like 19 used matches, where We couldn't figure this out.
There were some candles in some places.
It was as if he didn't want to turn the lights on, so people would suspect him of being inside the residence.
But whoever it was that broke in seemed to be in no hurry to leave.
There was a lot of wax from the candles on the floor.
But the oddest thing of all was that he made himself a meal at the house.
He got into the freezer and pulled out frozen shrimp, cooked some shrimp, put it in a ceramic bowl and ate the shrimp.
So the shrimp shells are still there.
He took the time to prepare and eat a meal.
It's the kind of bizarre brazen behavior that made investigators believe it must be related to the murder.
The whole case was creepy enough that we both thought this is our gun.
Not long after Daniel Calloway was shot and killed in his own home, someone broke into the house to, do of all things, prepare themselves a meal.
It's just so brazen and I really had never encountered anything quite like it before in all the homicides I'd been out to.
So Anastasia, you probably start by assuming it may be the same person who was involved in the murder.
Is the shooter interested in returning to the crime scene for the thrill of it?
Potentially.
Is there a possibility in their mind that nobody has even checked and that something at the house that happened before may be still there?
I mean, who knows?
Either way, it's just an unbelievably weird situation.
That part is 100% true.
But I don't know, when I look at it, it just seems to me that it's actually not that well thought out whether it was to fuel some sort of a habit, you know, gambling.
Remember Patricia was killed shortly after hitting it big at a local slot machine or a narcotics habit, or just a person somehow down on their luck for some other reason.
They're clearly looking for easy money.
Look what was taken.
I mean, it is literally change and then the dollars that Patricia had on her.
Well then, if it's the same person, so they go back to Daniel's home which, as you said, is bizarre, almost like a squatter who wanted a place to stay.
They light candles at night, which aren't as obvious as turning the lights on.
So to me, this is like, rather than some mastermind or anything like this deep-seated psychosis, it's more like someone or something I should say more simple, like a person who I don't know, maybe doesn't have an address and is looking for quick cash.
Yeah, I mean, clearly for the investigators, it's an unexpected development in the investigation.
But it's also an opportunity Anastasia, because it provides yet another chance to collect forensic evidence that might further incriminate if it's their same person, as we've said, Levine Gates.
Right, because there are dirty dishes that were left in the sink, and dirty dishes mean possible DNA.
So the shrimp shells are still there.
And fortunately, the fork... was still there as well.
A DNA sample was recovered from the dirty fork and while there was no match on CODIS, it would come in handy to compare it to any future samples taken from their suspect, if they could ever find him.
Which was not proving easy, but you know what they did find?
Daniel's stolen car.
The car was found in a different area of Portland, in southeast Portland, long distance from where the homicides occurred.
The key was still in the ignition.
And I'm sure the hope was that the car would provide a trove of strong evidence, hopefully pointing back to their suspect Levine Gates.
There were a number of things inside the Subaru, including this Cheeseburger wrapped in a paper cup of Coca-Cola that still had a straw and a lid on it.
That was there.
Not much, if anything else.
No belongings of anybody's.
There was nothing that belonged to Mr. Gates or Ms.
Andrews that was found in the car.
But thanks to forensic analysis, that fast food trash turned out to be enough.
Because investigators were able to lift prints from the cheeseburger wrapper.
Sure enough, they had a perfect match for both the Coinstar receipt and the print-on-file for their suspect Levine Gates.
Forensic techs were also able to recover DNA from the drinking straw and match it to the DNA recovered from the dirty fork in Daniel Calloway's home, which was the linchpin in tying Gates to the second break-in.
But incredibly, there was a second sample of DNA on that straw.
And to detective's surprise, it belonged to the second homicide victim, Patricia Andrews.
And that, Scott, right there is one of those things that you're like, wait, what?
It's the last thing I expected to hear.
But I don't know.
It almost seems to me like maybe if this is Gates, that he was at the casino or wherever she was playing those machines, saw her with the money and somehow, I don't know, he offers her a ride home.
Maybe he knew her.
We don't know.
But that she's in the car at some point, right?
I don't know, takes her money and kills her after that.
Basically, it means that she was in contact with that cup and that cup ended up in the car which is now connected to the first murder.
The car from V1 or victim one and the cup from V2 victim two.
So there's that connective tissue.
The story behind it is still unfolding.
But what an interesting development.
The mounting evidence Anasika just added to the urgency to get Gates in police custody.
At that time had this very crack team of multiple agencies on the lookout for him.
We were able to learn about the sister's address through a parole or probation officer.
And so that's when they started scoping out that area and located him.
He was eventually located about six weeks after the homicides and was living in the attic of his sister's, I believe as a rental home.
Taking no chances, members of the U.S.
Marshals' Oregon Fugitive Task Force set up a 24-hour stakeout of the property.
They were surveilling the house and waiting for him to emerge.
And when he did.
It's 7 pm on January 3rd and he has three little kids with him from the ages of between three and five.
So we don't know whether or not that was planned.
On January 3rd 2008, Levine Sterling Gates was arrested in connection with the murder of Daniel Calloway and Patricia Andrews.
And even as he was being cuffed, he offered up critical evidence that did tie him to both murders.
And I do think we need to note here that the kids were, of course, moved to safety first.
I think the kids might originally have been there a little bit, because they placed him into custody, put him in the police car.
And Mr. Gates is trying to tell officers something.
And what he's trying to tell them is that could you give my backpack to the kids and have them take it home?
Of course, inside the backpack is the derringer that he used to kill both Mr. Calloway and Ms.
Anderson.
Along with the gun, police found five 38-caliber WOD cutter bullets in Gates' backpack the same unique ammunition used to kill both his victims.
Inside his sister's home, police find even more evidence to tie him to the crimes, including Daniel's stolen camping equipment and his missing hiking boots.
There were a couple of tents that were taken from the Callaway residence because, as I mentioned earlier, Daniel was an avid hiker.
He had a couple of tents and, like I want to say, two sleeping bags boots, hiking boots you know, pretty high-end hiking gear and clothing, Timberland boots.
But the strange thing is that Mr. Gates, he put together the tent in the attic and slept.
It looked like he slept in a sleeping bag in the tent in the attic and everything else was sort of strewn around there.
Eventually, analysts would match the tread of the hiking boots with the bloody shoe prints found in Daniel's kitchen.
And that gun in his backpack, that .38 caliber Derringer, that too was matched to both murders.
But identifying the murder weapon also added a pretty horrifying dimension to the story of Daniel's murder.
And as I mentioned, you know, he fired off six rounds at Mr. Calvert.
And the gun we later found out was a Derringer, which essentially has a three-inch barrel And it's only a two-shooter, so as you can imagine, it would have been horrifying for Mr. Callaway to confront Mr. Gates, who had a two-shooter and ended up reloading the Derringer two times before he completed the homicide.
He reloaded his gun not once but twice, firing all six bullets at his victim with the clear intention of taking his life.
This is obviously a robbery, but it was primarily a murder.
It's almost like In his mind, he was thinking, well, you know what?
I could show you some money for dinner.
And then breaks into a home thinking that he could find some things, and then comes across Mr Calloway and then, you know, just doesn't think anything of killing him.
Just immediately kills the poor man.
And less than five hours later he had encountered Patricia Andrews and shared a soda in Daniel's stolen car before robbing her, shooting her once in the head and leaving her body on the side of the road.
A pretty clear picture of the night of both murders had come into focus.
But one thing investigators were never able to figure out was whether Gates had an accomplice.
Because remember, there was an eyewitness who had reported seeing two people dragging Patricia's body across the street.
We were never able to locate a second person.
Gates was indicted on January 4th by a grand jury on nine counts of aggravated murder with a firearm, as well as six other counts related to burglary and tampering with evidence.
As required by laws for a speedy trial, Stacey was ready to present the prosecution's case.
But then that plan hit a delay.
The defense attorney said that his client was, he thought was unable to aid and assist in his own defense.
So Mr Gates was committed to the Oregon State Hospital under our Oregon rules that are called the Fitness to Proceed rules.
Gates spent nearly nine months being evaluated for mental health conditions that would temporarily deem him unfit to stand trial.
He had, in an earlier case, I believe in 2005, had been sent down to Oregon State Hospital as well.
At that time, he had talked about hearing voices.
When you hear a people hearing voices, the automatic thing you think about is schizophrenia.
And while he had not been diagnosed with schizophrenia at that time, during the course of his stay down at the Oregon State Hospital pending this case, there had been a diagnosis of schizophrenia.
That diagnosis was not unanimous and there was some question as to whether Gates might be faking or at least exaggerating his symptoms.
Now there had been An additional psychiatrist who thought that he was malingering or was faking some of this.
If it had claimed to hear auditory hallucinations, though I should note that none of these were command hallucinations that you might hear about in other murder cases, where people hear God or somebody else telling them to kill somebody.
There was nothing of that nature.
So had he wanted to use a guilty except for insane motive, It just would not have been successful.
And the reason Stacey believed an insanity defense would not have worked is due to the Gates engaging in what she called goal-directed behavior.
As an example, he fired the gun and loaded it up a couple more times.
So that's goal-directed behavior.
And then having the presence of mind to put all this stuff in a car and then take it to the grocery store to cash in the coins.
So he's in control of a car.
He can conform enough to abide by the rules of the street.
There's really nothing, no flags to suggest whatsoever that he was hearing voices at that time.
And if you recall, someone had tried to clean up the scene of Daniel's murder.
That's evidence that the killer knew that what he had done was wrong and didn't want to get caught.
And the standard for an insanity defense to prevail is that that person does not know right from wrong due to their mental condition.
In the end, Gates decided to avoid a trial altogether and pled no contest to two counts of aggravated murder.
So I'm sure our listeners have heard that being said.
You know, probably on podcasts, TV shows and movies.
But what's the actual definition of pleading no contest?
So basically what it means is this that it works like a guilty plea, but the person doesn't actually have to admit their guilt, right?
So it's a workaround that achieves the finality of the plea and sentence.
Yet also, it's often frustrating because the killer doesn't ever have to actually admit their guilt.
He just never wanted to say that he was guilty.
So he would always say you know there's enough evidence to find me guilty of this charge, but I'm not going to plead guilty to it.
Which?
You know, in my way of thinking is, you know, the coward's way out.
And, in this case, the plea of no contest guaranteed that Gates would be sentenced to prison, mitigating the risk of a jury trial, even one with so much convincing evidence.
Just one juror that says no could be a huge problem.
So, yeah, we've had a very strong case.
As you said, anything can happen in a jury trial.
But I can tell you that accepting a no contest plea from a defendant is still difficult, especially for the family.
Because it meant by law Gates did not ever have to admit guilt or allocute to his crimes.
And that can leave a big missing piece in a family's need for accountability.
Just hearing those words I did it, I am guilty of these crimes can be an important piece for a family that has already lost so much.
It's difficult when you speak to family members of victims to describe why somebody chooses to do that and why we're going to let them do that.
You could imagine the anger on the part of mr cowley's parents, on the part of miss andrew's mother and children.
What he's not going to say he's guilty is nothing to say, and then telling them that look, if we refuse to do the no contest plea, that could end up being a huge trial.
That's going to prolong this whole situation and be much worse.
So we're going to let him do this and let him create this little fiction for himself.
And let's just know that we know he knows that he's guilty of these charges.
And then there's this.
The plus side of his plea of no contest was Gates agreed to a maximum sentence.
He had to agree to life, no parole.
At the sentencing, family members of both Daniel Calloway and Patricia Andrews gave powerful and emotional victim impact statements.
Patricia's mother spoke.
She looked directly at Mr. Gates and she told him to look at her.
And she told him.
I don't know the exact quote, but told him that she was being sentenced along with him, which is just heartbreaking to hear.
Daniel's parents also expressed anger that Gates hadn't acknowledged his wrongdoing or showed any signs of remorse for the brutal and senseless killing of their son.
Daniel's father.
You know these people just so broken, just made a comment about you know what did you get out of this?
$40 worth of coins and a joyride and a car.
Ultimately, his son was taken for that.
Daniel's mom even played a recording of the last voicemail she ever got from her son.
I can visibly see Mrs Calloway just being tearful.
Having her face was crimson faking, just so sad and just so justifiably angry about everything that happened in this case.
As we've said before, there are never really any happy endings in the story of a homicide, even when justice is ultimately achieved and the killer is removed from the streets.
But there is an emotional and psychological toll on everybody involved, both survivors, investigators and, of course, prosecutors.
These cases, as you know, are just so difficult because you and I walk on to the next murder case.
Of course, we have a memory of what happened.
We remember these cases because they were important to us.
But we don't walk out of that like victims do.
And it just sort of makes you question whether there's really, truly justice in these cases.
For the community, there's justice, right?
This person is locked away. and not available to commit more horrendous crimes in the future.
But for the family, it just, justice just brings hollow for them.
And certainly the day of this sentencing was very sad.
And so I asked Stacey the same question I ask many of our guests.
What is it that makes you go on to keep doing the job?
It's the knowledge that it's the right thing to do.
And it's the knowledge that You know, you are saving the community from future harm.
And then it's the knowledge that you're always going to be there if people need you to do the next one.
This was a case of an incredible demonstration in the use of forensic technology inside Daniel Calloway's home.
They reconstructed the shooter's vantage with three-dimensional blood spatter geometry, lifted Gates' latent prints from the shattered rear doorframe using magnetic powder and gel.
Lifters swabbed his palms and his cuffs.
I mean, they did so much work with trace fibers and hairs.
They really put this case together on the shoulders of every forensic person who ever invented some of the most important tools that are used today.
And also, let me say, inside Calloway's vehicle.
They were able to place Patricia Andrews inside moments before her murder.
And that yielded such incredible results.
Stealing is obviously a crime.
People take things that don't belong to them for all sorts of reasons.
Poverty, addiction, sometimes just for the thrill.
But here, two lives were also intentionally taken as part of that crime spree.
Lives, two human beings that mattered and who were loved by others.
Daniel Calloway was murdered likely because Gates didn't expect him to be home.
And rather than run, Gates shot him repeatedly, making sure he'd die.
Patricia was likely robbed also and then murdered so she wouldn't report or ID.
Let's leave today's episode not focusing on their killer, but rather two lives taken from this earth many years before their time.
Patricia's family spoke of her loss at sentencing and Daniel's mom played the voicemail she listens to on repeat to just hear the voice of her son.
All loss is extremely painful.
Loss to murder clearly excruciating.
Daniel Calloway and Patricia Andrews.
You are both missed by many and remembered by this AOM community today.
Tune in next week for another new episode of Anatomy of Murder.
Anatomy of Murder is an AudioChuck original produced and created by Weinberger Media and Fresetti Media.
Ashley Flowers is executive producer.
This episode was written and produced by Walker Lamond, researched by Kate Cooper, edited by Ali Sirwa and Philjean Grande.
I think Chuck would approve.
