Wootton was sitting on the desk in the detectives' room at the Provo Police Station, wearing his boots and Levi's, and not looking very official, when Gilmore was brought in. The prisoner looked pretty messed up. His left arm was bandaged in a cast and his hair was unruly. His Vandyke goatee looked wild. He was glaring. Seemed pissed off about the whole deal.
Gilmore acted particularly angry that he had chains on his feet. It made Wootton glad there were a number of cops around. Chains and all, he would not have wanted to be alone in that room with Gilmore.
Just so soon as Wootton learned that the only man Gilmore would talk to was Gerald Nielsen, he took the Lieutenant aside and told him what strategy to use to calm Gilmore down, get him into a befriending type of thing, be sure to advise him of all his rights. Also make sure he was not under the influence of alcohol, knew where he was, what he was doing. Most important, don't put pressure on him.
Wootton was taking care not to get into a dialogue with Gilmore. Such a conversation could easily become evidence, and then he might have to get up on the stand. Since he was going to prosecute the case, he didn't wish to be in Court wearing a second hat. So he listened through a speaker to the conversation Nielsen conducted in another room.
3.
July 1, 1976 5:00 a.m.
GILMORE What am I being held for?
NIELSEN I don't know except I suspect armed robbery. I'm almost sure that's what it is.
GILMORE What robbery?
NIELSEN The one here in Provo tonight at the motel, and the one last night in Orem at the service station.
GILMORE You know, I can account for last night real well, and I can account for tonight . . .
NIELSEN Not too well, Gary.
GLMORE Yes I can . . . I went and had some work done on my truck down at Penney's. You'll see the receipts in the glove box, and I did some drinking. The truck kept stopping so I took it down here . . . and told them, "Listen, I'll leave my truck here and I'll pick it up in the morning and go to work and go down here and rent a room." I walked in and this guy had a gun on this guy. I grabbed it and he tried to shoot me in the head, and I pushed the gun up, and it got me in the hand. By that time, we was about outside, so I just went back down and got my truck and went out to Pleasant Grove . . .
NIELSEN That's your story?
GILMORE That's the truth.
NIELSEN I don't believe it, Gary, I really don't believe that, and I know that you know that I don't . . .
GILMORE I'm just telling you what happened . . .
NIELSEN You know that story doesn't convince me, okay? I can't understand why those people got shot. Why did you shoot them, Gary? That's what I'm wondering.
GILMORE I didn't shoot anybody.
NIELSEN I think you did, Gary. That's the only thing I can't understand.
GILMORE Listen, last night I was with that girl all night.
NIELSEN What girl?
GILMORE April Baker.
NIELSEN April Baker? Where's she from, how can I get in touch with her?
GILMORE She lives in Pleasant Grove. She was with me every minute. Her mother will tell you that I went over there and picked her up pretty early in my truck. See, I was going with her big sister, you know, who used to live out in Spanish Fork and we busted up, I went over to show them my truck and April said, "Take me down here to get something for my brother," and I said, "Do you want to drive around and drink some beer?" and she said, "Yeah." She don't get along with her mother. She said, "Okay," so we drove around and drank some beer, smoked some weed, and I said, "Let's get a motel. I have to work in the morning." She said, "Go out here to American Fork." Well, I couldn't find one, so I ended up coming back to . . .
NIELSEN Which place?
GILMORE Holiday.
NIELSEN At the Holiday? Did you sign in on your own name?
GILMORE Yeah, we stayed there until about seven. I took her home.
NIELSEN Seven this morning?
GILMORE Yeah, then I went to work.
NIELSEN What time did you pick her up?
GILMORE Seven. Five. Seven, I don't know. I don't have a watch. I don't like to wear watches.
NIELSEN Was she with you when you stopped at the service station out there?
GILMORE I didn't stop at any service station.
NIELSEN Gary, I really think you did.
GILMORE I didn't.
NIELSEN You saw that .22 Automatic out there on the way in?
GILMORE I seen a gun laying out there.
NIELSEN Have you ever seen it before?
GILMORE No.
NIELSEN Well, if it's registered to you, you're sunk.
GILMORE It ain't.
NIELSEN Okay. I don't know, Gary. I can't . . .
GILMORE Hey, that's what happened. I know you don't believe it.
NIELSEN I really don't, Gary. I really don't, I really don't. I think you did 'er, and I can't understand why you ended up shooting the people. That's what I can't understand.
GILMORE Listen . . .
NIELSEN Gary, that's really the way I feel.
GILMORE Do you think I'd shoot a person with that girl?
NIELSEN I don't know. If you left her in the car down at the corner or she didn't know, that's another matter.
GILMORE You can talk to her . . .
NIELSEN How do we get ahold of her? . . .
GILMORE She lives with her mother . . .
NIELSEN Can you tell me how to get there? . . .
GILMORE I can give you a phone number. She might be kind of hot that I had her daughter out all night . . .
NIELSON April Baker GILMORE She was with me all the time.
NIELSEN How old is she?
GILMORE Eighteen.
NIELSON She's of age then. I don't know, it just looks bad, Gary. Can you describe the robber?
GILMORE He had long hair, dressed, you know, in Levi's, a brighter jacket, you know, a Levi's jacket.
NIELSEN I'll check that, I'll check it, but I don't believe that. I think as it stands, especially with your past record, I think they have a good case of robbery against you. I still can't understand why they were killed, I can't understand that.
GILMORE Can't understand what?
NIELSEN Why they were killed. I can't understand that. Gary, why were they killed?
GILMORE Who?
NIELSEN The guy in the motel and the guy out there . . .
GILMORE I didn't kill anybody.
NIELSEN I don't know, I think so.
GILMORE Like I told you, I knew just where I was at every minute.
NIELSEN What if I go check with these people and they say, "He's feeding you B.S."?
GILMORE They won't.
NIELSEN You sure? Everybody will say that?
GILMORE They might tell you a little different times or whatever.
NIELSEN What will April say if I ask her about 10:30 last night . . .
GILMORE I don't know, she's a little spacey. When she was young some guys took her out and gave her some acid without her knowing it and raped her. I don't know what she'll tell you. April was with me every minute last night . . . I got lonely for Nicole, so I just went by and got her little sister. April wanted a ride. We got to necking and laughing and giggling, and I kept her all night. Well, look, that's it.
NIELSEN I'll check it, I'll check her.
GILMORE I ain't going to tell you nothing else without a lawyer. That's all, can I eat?
NIELSEN It's getting close to breakfast time, you hungry? I'll tell them.
GILMORE My hand still hurts too . . .
NIELSEN Without an attorney and off the record, you wouldn't answer what I asked you a while ago?
GILMORE What was that?
NIELSEN About why they were killed when you left.
GILMORE I don't know why they were killed. I didn't kill them.
NIELSEN I hope that's true because that just worries me, that part. I can't understand it. I can understand the other. I can understand the stick-up thing.
GILMORE I didn't stick nobody up, and I didn't kill nobody.
NIELSEN Is it all right if I come back this afternoon to talk to you after I check on some of this?
GILMORE I ain't killed nobody, and I ain't robbed anybody.
NIELSEN Gary, I hope not but I have a hard time believing otherwise. At this point I have a hard time believing otherwise . . .
GILMORE I'm hungry, and I'm in pain.
By the time Wootton got home on Wednesday morning, he had about decided to charge Gilmore with First-Degree Murder on the motel case. While the only print on the gun was too smudged to check out, they had the paraffin test and a witness, Peter Arroyo. He had seen Gilmore in the motel with the gun and the cash box. It looked promising to Wootton.
4.
Around three-thirty that morning, Val Conlin received a phone call. A voice said, "This is the police. We have impounded a car of yours."
Val was so drowsy, he said, "Well, okay, fine."
"We want to let you know we have the car. There's been a homicide." "That's fine," said Val and hung up and his wife said, "What was that all about?" He said, "They've impounded a car. There's been a homicide. I don't know why, I don't know why, gee, you know." He went back to sleep. In the morning he'd forgotten about it.
When he came into the office next morning, Marie McGrath was there waiting to tell him.