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SILK PLANT FOREST A comprehensive review of the case, investigation, conviction, and issues. October, 2010 Winston-Salem Police Department Scott A. Cunningham, Ph.D. Chief of Police SILK PLANT FOREST A comprehensive review of the case, investigation, conviction, and issues. Winston-Salem Police Department Chief of Police Scott A. Cunningham Public Safety Attorney Lori Sykes Captain David Clayton Captain Alonzo Thompson Lieutenant David Kiger Silk Plant Forest Internal Review Page 1 Introduction: Silk Plant Forest Internal Review his comprehensive review of the Silk The Silk Plant Forest case has, as its Plant Forest Case was begun as a follow genesis, the actual crimes that were committed. up to the Silk Plant Forest Citizens T Review Committee (SPFCRC) and its On December 9, 1995, Ms. Jill Marker report. As part of its report, the SPFCRC was working in the Silk Plant Forest store at offered recommendations to the Winston-Salem 3202 Silas Creek Parkway in Winston-Salem. Police Department (WSPD) via the Winston- The business, now closed, was located in the Salem City Council. The WSPD decided to do Silas Creek Crossing Shopping Center at Silas more than just respond to the SPFCRC’s Creek Parkway and Hanes Mall Boulevard. The recommendations. It decided to completely store was between the still-operating Toy-R-Us review the crime, the investigation, and all and the former Drug Emporium (now A.C. matters related to what is now known as the Silk Moore). Plant Forest case. The depth and breadth of the review was approved by City Manager, Mr. Lee Ms. Marker was working alone in the Garrity. Silk Plant Forest store from approximately 6:30 p.m. until closing, scheduled for 9:00 p.m. At This document intends to provide an in- approximately 8:50 p.m., two customers entered depth review of the case, the investigation, and the store, and after hearing someone moaning, the issues, as well as directly responding to the located Ms. Marker lying in a pool of blood near recommendations of the SPFCRC. It is intended the rear of the store. After 9-1-1 was called, to provide new and knowledgeable readers with police and emergency medical personnel sufficient and accurate information to responded to assist Ms. Marker and begin an understand the facts and issues of the case. investigation. Ms. Marker was rushed into This document intends to provide surgery at nearby Forsyth Medical Center. Her information about a horrific crime, the injuries were devastating, and remain so to this investigation, and subsequent court proceedings. day. She also was pregnant at the time of her Readers are specifically cautioned against attack. attempting to read into the report or read The investigation was transferred from between the lines of the reports, or interpreting the Homicide Section to the recently-created any part of the report beyond what it says. The Robbery Section on December 11, 1995 due to report says and means what it says and nothing the fact that it appeared Ms. Marker would more. survive the attack. Six Homicide Section detectives were working 23 homicides in 1995 and finishing the investigations of 44 homicides Silk Plant Forest Internal Review Page 2 from 1994. Further, the preliminary the crime and the complete investigation. Much investigation indicated that a robbery had of the investigation is presented in chronological occurred at the Silk Plant Forest. According to order which increases the reader’s understanding Uniform Crime Reporting Guidelines, the most of how the case actually progressed. Chapter 2 serious offense is identified as the primary describes the many legal issues, including all offense. Robbery is considered a more serious court hearings (to date) regarding this matter. offense than an assault, so it was appropriate and The various reviews of the case, conducted by consistent at that time for the Robbery Section to different entities are detailed in Chapter 3. assume the investigation. Detective D.R. Chapter 4 considers and discusses the many Williams was assigned as the lead investigator. issues and concerns that have been raised regarding the Silk Plant Forest case. Chapter 5 As will be detailed herein, an extensive offers recommendations from the SPFCRC and investigation of the crime was conducted by the Chapter 6 reviews the activities of the WSPD. Evidence was collected and analyzed; Committee which authored this report. Chapter potential witnesses were identified and 7 summarizes and concludes the analysis interviewed; possible suspects were revealed, performed by the Committee. investigated, and interviewed; an arrest was made; and a subject was convicted of the crimes. This document is the product of a Subsequently, several legal challenges and comprehensive high-level review of the Silk actions were filed and heard, all of which were Plant Forest case by members of the Winston- dismissed with the conviction sustained. Salem Police Department. The members of this Committee have no direct involvement in the Questions and concerns arose in the Silk Plant Forest case. These personnel are: public’s mind and several reviews and/or inquiries have taken place. These concerns Chief Scott A. Cunningham, Chief of Police included questions regarding the guilt of the convicted, how the police investigation was Ms. Lori Sykes, Public Safety Attorney conducted, and how the entire criminal justice system performed. Today, questions still linger Captain David Clayton, Criminal with some, regarding the entire case and the Investigations Division Commander overall question of justice. Captain Alonzo Thompson, Professional This report, based on a year-long review Standards Division Commander of the entire case, attempts to document the facts, compile a comprehensive analysis of the Lieutenant David Kiger, Criminal case, and provide logic and fact-based findings Investigations Division and recommendations. To examine the case and create this report, the Silk Plant Forest Internal Review Committee (hereinafter, the “Committee”) of the WSPD undertook many actions. These included thorough reviews of investigative files, external and internal case reviews, the various court filings, hearings, and findings, and additional and new investigative activities were conducted. To provide the most comprehensive review of the Silk Plant Forest case and document the actions and findings of the Committee, this report covers the full spectrum of the Silk Plant Forest case. Chapter 1 details Silk Plant Forest Internal Review Page 3 1: Crime and Investigation n December, 1995, the Silk Plant Forest Senior Police Officer (SPO) M.S. Poe store was located in the Silas Creek Crossing was working off-duty at the Toys-R-Us when I shopping center at 3200 Silas Creek the call for “Unknown Trouble” was dispatched Parkway, between Toys-R-Us and Drug at the Silk Plant Forest. SPO Poe responded to Emporium. Toys-R-Us is still in operation; the Silk Plant Forest and found Ms. Marker, however, Drug Emporium has ceased with a severe head injury, lying on the floor at operations. the rear of the business. When SPO Poe asked Ms. Marker if she had been shot, she replied that On December 9, 1995, Ms. Jill Marker, she had not. When SPO Poe asked if she had and fellow business employee, Ms. Stacy been hit, she replied, “Yes.” SPO Poe obtained Spainhour, were working together. The two no further investigative information from Ms. worked together for the majority of the day, until Marker. 6:30 p.m. when Ms. Spainhour’s shift ended, leaving Ms. Marker alone in the business. SPO Poe spoke with Mr. Brian McKnight, Wackenhut Protective Services The best that can be determined, two personnel, who indicated that he had been customers, Ms. Nancy Baxter and Ms. Sandra patrolling behind the shopping center and saw Peterson, entered the business at approximately no one behind the stores. SPO Poe scanned the 8:50 p.m. Upon entry, they found no one at the Silk Plant Forest for a weapon but found none. counter but heard someone moaning at the rear SPO Poe also discovered that the cash register of the business. drawer was standing open; the drawer contained only loose change. As Ms. Baxter and Ms. Peterson walked to the rear of the business, they found Ms. As additional police personnel arrived, Marker lying in a pool of blood. Ms. Baxter the scene was secured and efforts were made to began administering first aid to Ms. Marker and identify witnesses. Statements were obtained Ms. Peterson ran to Drug Emporium to call 9-1- from those who had entered the store prior to 1. Prior to police and medical personnel police arrival. arriving, other individuals had entered the store and assisted in rendering aid to Ms. Marker. Silk Plant Forest Internal Review Page 4 Officer A.M. Miles arrived on the scene Detective Barker ensured that the crime and found Ms. Sandra Peterson, Ms. Ashley scene was thoroughly processed and he Weaver and Ms. Myra Dixon standing at the documented his observations in a supplement front of the store, which had been secured by report dated December 28, 1995. In an attempt SPO J.N. Grismer and Officer T.E. Cook. to locate any physical evidence that the Officer Miles went to Ms. Marker’s location, perpetrator may have left behind, three Crime where she observed Mr. Julian Hattanag and Ms. Scene Technicians and one Crime Scene Nancy Baxter rendering aid to Ms. Marker. Technician Supervisor processed the scene using According to Officer Miles’ report, she heard the most advanced processing techniques Ms. Marker state that she had been alone in the available at that time. The crime scene was store, she had not been shot, but she had been photographed and videotaped and a detailed cut and it had happened very quickly. Ms. crime scene sketch was completed.

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