Bad Choices = Bad Consequences

The Calm Before The Storm

On Saturday, 04/01/95, I spent all afternoon working on two cars, while Vicki ran errands with the kids. Later, I took her out to eat at a Mexican Food Restaurant. We were without the children. After having some drinks and visiting with Vicki's sister, we went home and enjoyed each other's embrace into the morning of 04/02/95.

When I woke up on the morning of 04/02/95, I was quickly reminded that "Time Change" had occurred. My clocks were an hour behind. I had a birthday party planned for my son. I jumped up, dressed, and rushed off to run my errands. Vicki had gone out to gather up her daughters and grandmother. When I returned home, I fired up my grill and made myself a series of Bloody Mary's. I then became more intoxicated than planned.

Later on, I left with Terry Ervin Hand- looking for and finding Matt's cousin, Debbie Storey-Lloyd. I was blacking out due to the alcohol (between 4:00 and 8:00 P.M.) However, after ingesting the speed I had purchased from Debbie, I began to regain near full consciousness.

When I arrived back at my home, Vicki and the kids were all watching "The Lion King." Little did I know, Brittnie had been caught playing her phone games, trying to contact Matt via Doris Storey. (Vol. 5, Pages 302-305). Matt had a brand new home phone number, which Brittnie did not know.

I got those loving feelings back for Vicki, and we headed to our bedroom. Brittnie and the other kids followed. Vicki told Brittnie to take the kids downstairs and continue watching the movie. Vicki closed our bedroom door and locked it. Brittnie went postal- beating, screaming, and crying on the other side of our door. Vicki then opened the door and calmly reprimanded Brittnie, because she had upset the other children during her tantrum. Vicki closed our door and re-locked it. There was silence.

I forgot about those phone(s) located downstairs. Brittnie did not. She quickly jumped onto the phone and called Doris, giving her "Code Word" and "Crying just hysterically." (Vol. 5, Pages 230-232). Specifically, Brittnie testified she'd called Doris at that very point in time, because "[I] thought Rusty was hurting my mom, and I didn't want him to hurt my mom." (Vol. 4, Page 71). Doris then called Matt and informed him that something bad was going down at my home. It was then in between 8:55 and 9:00 P.M., Sunday, 04/02/95. It was during Matt's "prime intoxication time"- (Dr. Marc Andrew Krouse verified Matt's BAC level at .25%- Vol. 4, Page 180).

The Phone Call Came In From Matt to Myself

As I lay in my bed, loving on Vicki, and planning the start of another long work week (I had a big meeting first thing in the morning), my phone began to ring. I picked it up; Matt was on the other end of the line. (Vol. 5, Pages 355-356). Matt went ballistic after Brittnie came onto the line. She was still downstairs, crying hysterically. Matt threatened my life and promised to be right over to deliver. I believed everything he had told me, because I know his past. I had been forewarned by his old friends; Matt would make good on his threats. Matt was superior to my size, weight, and stature.

In her 04/03/95 written police report, Christina swore that she clearly remembered Matt calling over to my home; that we argued. (Click on File #20). Alas, on 04/04/95, in her Oral Interview with DWG-DPS Det. Jerry S. Vennum #803, she began from the start making critical (material) changes and concocted her new Storey Story, claiming Brittnie called Matt. (Click on File #21). Christina swore this same lie during my 1996 jury trial. (Vol. 5, Page 199).

Vicki told police Matt called over to our home and testified to this truth during my 1996 trial (Vol. 4, Pages 93 and 126). (Click on File #22). In fact, Vicki emphasized during trial that my mood was good and did not change until Matt called my home. (Vol. 4, Page 130).

Unbeknownst to Vicki, back on 04/06/95, Doris took Brittnie too speak with Chief Bill Waybourn #800. Brittnie told Chief Waybourn that Matt called my home on the night of 04/02/95. (Click on File #23). Alas, during my 1996 trial, Brittnie switched to telling the Storey Story- that she called over to Matt's home on the night of 04/02/95. (Vol. 4, Pages 72 and 85-86).

Who placed that phone call to whom was very important when you recall Matt already established a police history with regards to those earlier terroristic threats he made to Michael Furrh. That history established Matt's "M.O." (i.e. intoxication, anger, phone call with threats, and then being driven over to deliver his beatings). The Storey clan knew this fact and they didn't want this truth standing in the way of their planned revenge exacted against me. Too bad neither my defense team, nor my jury were ever made privvy to this well-documented history.

Going back to that 04/02/95 phone call with Matt; I never got a word in with him. (Vol. 5, Page 358). Vicki corroborated this fact. This didn't stop Christina and Brittnie from cooking up another Storey Story. They claimed I allegedly taunted Matt on the phone, assuring him, "I would be waiting" for him to arrive. Vicki, who laid right next to me, heard no such thing. (Vol. 4, Page 94).

Think Fast

After getting off of the phone, I still felt the effects from alcohol and speed. I had three young children under my roof; two were Matt's. I had ZERO faith in the police coming to my rescue. Matt would not remain outside when he arrived, he would force his way into my home. I was certain of this after hearing his tone. In a few seconds time, I came up with a plan to just go outside with my rifle and try to scare Matt away from myself. I would try to mediate things afterwards, over the phone. After all, I grew up on a rural country ranch- way down in South Texas. That was how I was raised to deal with potential hostiles, or trespassers. So, instead of grabbing my Taurus .9mm (PT92AP) pistol sitting right next to my pillow, I went downstairs and grabbed my Winchester (Model 94) 30/30 Cal. rifle. I told Brittnie to go and tell Vicki to call 911, and I headed out the front door. I ran to the east corner of Madrid Court and Arkansas Lane. I was fully illuminated by a street light located just across the road. I had that rifle over my right shoulder, all within full view. Matt's red 1991 Ford Mustang LX, (TX Plate No. DZN-38T) (VIN Code: 1FACP40M6M170228) (owned by Bill Storey) came flying down Arkansas Lane, headed west. It turned into Madrid Court. Christina saw me first; she alerted Matt and slammed on the brakes. Their car came to a stop just past me.

Christina's Ambush-Execution Storey Story

Christina denied that any threats were made to me by Matt. (Vol. 4, Pages 200 and 209). She informed the police that Matt was very angry after that phone call. She drove the car because Matt was so upset. (Vol. 5, Page 215). Dr. Marc Andrew Krouse testified that Matt's right hand had a fresh injury which was consistent with his having "punched" something (i.e. a wall, door, hard surface, etc.) just several minutes before death. (Vol. 4, Pages 171-172). Christina said the drive over took three to five minutes. (Vol. 4, Page 200).

Christina testified that I was standing on the westside curb of Madrid Court when they arrived, that I was stationary with visible rifle pointed directly at her. (Vol. 4, Page 202). She said I then stood on the driver's side of her car as Matt exited from the passenger door (just wanting to "talk" to me) and that he walked a little towards the rear of the car. (Vol. 4, Pages 203-204). She said that I then fired over the roof of the car, hitting Matt, making him go down to the pavement. (Vol. 4, Page 204). She said that I then walked around the front of the car, over to its passenger side, and then stood directly over Matt as he knelt down on the road. (Vol. 4, Pages 204-205). She claimed that my rifle was about 1 foot away from Matt, that he weakly attempted to push its barrel away when I shot him the second time. (Vol. 4, Pages 205-206). She then saw Matt's arms (meaning that he had fallen forward) and she quickly drove away, hearing additional shots. (Vol. 4, Pages 207-208). She swore Matt never threatened nor touched my person (Vol. 4, Page 209).

My Self-Defense Testimony/The Truth

I testified that everything took place on the passenger side of that Mustang. (Vol. 5, Page 368). After the car came to a near stop, Matt quickly sprang from the passenger door and stormed directly towards me. I fired a warning shot. Matt then locked onto my rifle. (Vol. 5, Page 361). Matt threw me around while trying to rip the rifle from my possession. Matt was first shot in his upper right chest/shoulder area. (Vol. 5, Pages 365-366). He shook that off, came back and locked back onto my rifle. I fell backwards and shot again. Matt then fell down on top of me. I went wild, kicking with the balls of my heels upon the road, sliding out from underneath Matt. I then shot two additional shots. (Vol. 5, Pages 366 and 369). I recounted this same sequence on cross-examination. (Vol. 5, Pages 397-403 and 417-418).

Five witnesses (including arresting Officer Sgt. Ben Bruce #807) saw me "covered in blood." Police even took the shorts I was wearing into evidence because they were blood stained. The clothes my son had worn were also taken into evidence because blood had transferred from me to him. (Click on File #24). But, remember Christina's Storey Story; that Matt never touched me? (Vol. 4, Page 209)

Brittnie had watched from our front door. On 04/06/95, she told Chief Waybourn she saw me run to that eastside corner and stand there, just like I testified. She also heard a total of five (5) gunshots. (Click on File #23). At trial, she switched to the Storey Story, claiming that she couldn't remember (Vol. 4, Pages 81-82).

Passerby witness, Dennis Slasser, corroborated my trial testimony; that he saw two men "standing" next to a car's passenger side on that eastside corner of Madrid Court and Arkansas Lane. (Vol. 4, Pages 49-50 and 52-53).