Daughter's New Haunting Texts Revealed in Mom's Murder Plot: Police

A gun, a pair of gloves, and hiding bodies. Those chilling details allegedly sent in text messages could be a roadmap to murder and send an 18-year-old, her boyfriend, and another person to prison for life. And at the center of it all is a daughter accused of helping orchestrate the killing of her own mom, allegedly. The Crispy Chicken Crunchwrap Slider is back at Taco Bell. The slider-sized crunchwrap with nuggets inside you loved the first time, now with a spicy kick you're gonna love this time. Hidden Valley Diablo Ranch. Or you could order some crispy all-white meat nuggets on their own. Pretty sure you love those anytime. Every time. Okay, all of the times. The Crispy Chicken Crunchwrap Slider. A brand new classic is back, only at Taco Bell. At participating U.S. Taco Bell locations for a limited time and while supplies last. Tamela Dutcher in court, this is per WBNS. And for as bad as those text messages may seem, her attorneys say there's more to the story. We're on the case presented by Law & Crime. I'm Chris Stewart. Tamela Dutcher's death has rocked a typically quiet and safe part of Ohio. Family members say she was loved by many who will miss her for the rest of their lives. And her obituary? Makes a very interesting reference to the girl who is now charged with her murder. Her own daughter. Her only child. 18-year-old Breonna. And this is video of Breonna making her most recent court appearance in Delaware County, Ohio. This was the first time that we had seen her in person in court. This per WBNS. At her first appearance, she attended that virtually from the county jail and it seems like she's going to be in the county jail for the long haul as this case works its way through the legal system. Do you at least understand the two charges? Is that right, then, to you? Yes. Let's talk about the victim. This is the woman whose life was lost on August 14th. Tamela Dutcher, friends called her Tammy, and what happened to her is terrifying. But the truth is, she wasn't the only one who could have lost their life on that day. We'll talk more about that in just a moment. Tammy apparently professionally was a PhD in psychology and she looked at the very issue that may be at the source of her death years ago. In a chilling case, she was the victim of a murder. In a case of foreshadowing because in 2002, she wrote a professional paper that was titled The Violent Homicidal Adolescent Hearts Darkened Before Time. Now, let's talk about 18-year-old Breonna Dutcher because it's important to note that she's not accused of pulling the trigger in the murder of her mom. But brand new text messages that law enforcement say she allegedly deleted with her boyfriend are shocking and they could be the reason that she is behind bars. Her attorney is now saying those text messages, which we're about to read for you, might not be what you think. Before we get to those texts, I want to lay out what law enforcement say happened in the early morning hours of August 14th. - Shooting, engine 321, medic 321, and battalion 321 at - That is the call that went out just after midnight for emergency responders to rush to the Dutcher family home. - Dalcom, you've been on the road. - You're gonna stage for DCSO. There is a possible suspect on foot in the area, armed and dangerous. 55-year-old female shot near the eye. She is still breathing. They're trying to put pressure. - Police allege that two men entered the house and shot Tamela. Their names, Christian Evans and Dejamis Payne. The connection, Evans was dating Breonna and Payne was Evans' roommate. At this point, it's unclear who fired the shot that killed Breonna's mom, but both of them are facing charges of aggravated murder. But not only did it appear that Evans and Payne were allegedly targeting Breonna's mom, but also they were targeting Tamela's husband, a man named Neal King. And this is where this story gets even more chilling because Evans and Payne, they are alleged to have entered the Dutcher home and shot Tamela in the face. - This is where the story gets even more chilling because Evans and Payne, they are alleged to have entered the Dutcher home and shot Tamela in the face. Tamela's husband, this man, Neal King, according to the criminal complaint, then rushes over to help his wife. You think of him in this very vulnerable position. And Evans and Payne are accused of firing another round, but fortunately they missed. You just think of this man and I just think of that situation. He's caring for his dying wife on the floor. And these two people, whoever had the gun, allegedly fired a shot. Now, as far as a manhunt, didn't take long for police to track Evans and Payne. - This is where the story gets even more Evans and Payne down. They reportedly went all the way to West Virginia, then came back to Ohio where they were put under arrest. It is unclear where the murder weapon is right now. As for Brianna, how did police tie her to the nightmare that just took place? Initially, police say that she told them she didn't know what happened. She didn't know who could do something like this to her parents. But then law enforcement say her story changed multiple times. And she eventually admitted that Evans and Payne, they were in her home on the night of the shooting. But prosecutors said in court, she stated she left them outside Evans and Payne and shortly thereafter heard gunfire in the house, but never saw anything. Now police say Brianna told them that she was in a relationship with Evans, but she hid that relationship from her parents. And she said it was because her parents were in a relationship with Evans. And she said it was because her parents were in a relationship with her parents. And she allegedly said the reason was her parents were quote, very racist. Again, those are her words. So I want to get into these deleted text messages because this is where it seems police said that Brianna Dutcher is not telling them the truth. And these text messages were allegedly deleted from her phone. And as we've seen in many of these cases of true crime, you can delete stuff off your phone and you won't be able to see it. But law enforcement still has the ability to get that information. Now let's go through these texts. And it seems when it comes to a potential motive in this case, it could have been something as simple as household chores. And what we mean by that is Brianna Dutcher texted Christian Evans kind of venting about a blowout fight apparently she had with her mom late Wednesday. And it was just about household chores. So she's texting Christian Evans. She's telling him about this blowout argument with her mom. And Evans allegedly responds by saying if I were you, I would have killed her. Per the affidavit that's been released to local media outlets in Ohio. But that appears to be just the beginning of what police say they found on these phones because here are the text messages per WBNS that were listed in the probable cause affidavit. Now Christian text Brianna they need to be hidden. Once they both pass away, just in case. Also, I believe you should also get a gun. And Brianna responds air she's living room. He's basically texting Christian Evans. She's telling him about this blowout fight. And it seems when it comes to household chores. It's just about household chores. And Brianna says air she's living room. He's basically in once they both pass away. Take them both at the same time. And Brianna says, I got it. Christian then allegedly says, this has to be perfect. And Brianna says, I'll just take them down. Christian asks, how? And Brianna says, yeah, we'll actually help. Shoes in the rain and all. You know about forensics and everything, right? How close are you to doing this? And Brianna says, river or burn. And Christian says, come outside and grab the browning. Now, allegedly, those are the text messages that were deleted. And when you read those, I mean, your jaw drops when you think about this is a young girl allegedly helping plan the murder of her mom and an attempt to take her father's life. I couldn't believe it when I was reading that for the first time. And again, these are all allegations we're talking about. So when Brianna was in court, her attorney pushed back on what these text messages may mean. Here is Brianna in court for her arraignment this week. We'll get into what a grand jury decided to charge her with in just a moment. But this is her attorney here claiming that these text messages may not be what they appear to be. May have exchanged text messages that has, quote, cast doubt on certain things. But there's no allegation that my client. engaged in any acts of violence or took place in any homicide or assaults in this case. According to WSYX, prosecutors are alleging that Evans and Dutcher went over how they should kill her parents. And they even point to that text from Breonna where she says, I'll just take them down. There does appear to be another twist on the legal side of this story, and it has to do with Christian Evans, the boyfriend of Breonna Dutcher, because in court, his attorney said that he may plead not guilty by reason of insanity in this case. Here is Evans when he was last in court. His attorneys tried to lower his bond, citing mental health concerns. He pleaded not guilty to the charges, but his attorneys say that they may enter a plea of not guilty by reason of insanity in this case. They also say in jail, he does not have access to the medications that he needs for his mental health issues, but it's unclear what mental health disease he's been diagnosed with. As for DeJamis Payne, his attorneys say at this point, there's no evidence that he was involved in what happened to Tammy Dutcher other than allegations that he was wearing black and he was at the home at the time of the shooting. He has also pleaded not guilty. Dutcher, Evans, and Payne, they're all being held on $3 million bonds, and Dutcher's defense did try to push back on that bond, get it lowered. They believe it's an excessive amount. They pointed to the fact that Breonna has no criminal record, but the judge decided to keep her bond. As well as the two others at $3 million. Dutcher's attorney said his client is pleading not guilty in this case. All three suspects have already been indicted by a grand jury, and they are facing a charge of aggravated murder, which could mean the death penalty is on the table in this case, though it is unclear at this point if prosecutors want to go in that direction. Now, the obituary for Tamela Dutcher was just posted, and it does make note of her only daughter, who is now accused of playing a role in her murder. And it reads in 1997, Tammy and Neil, had their daughter, Breonna. And this part really hits you in the chest emotionally. Quote, whom Tammy loved with all of her heart. It appears that Breonna was their only child. There was another family member we found on Facebook who wrote, quote, I still cannot wrap my head around this. Her own daughter, my niece, she was given everything in this entire world. All my sister ever wanted out of life was a baby. I just hope that her mother did not know when she died on that kitchen floor, that her daughter was part of her murder. Police may say that a fight over household chores or some young love relationship that might not have been supported by her parents are the reasons allegedly that this horror took place in this quiet home north of Columbus. But the truth is, I don't know if we'll ever truly understand the why in this case or comprehend how something like this could happen. We will see how this case moves forward. We will see how this case moves forward through the legal system. There are some dates that are coming rather quickly on the docket. There's a jury trial that has been slated for Breonna Dutcher on November 3rd and a final pretrial hearing that is set for October 19th. Those are very much tentative dates and it is very possible that those dates get moved as this case continues to go forward. Join us now to talk more about this retired judge and attorney Fanon Rucker. Always great, sir, to have you here on Law and Crime. You hear the argument from Breonna Dutcher, that you read these tax messages and for those of us on the outside, you may be saying this doesn't look good for her, but his argument is they don't really implicate her when it comes to physical violence. As a retired judge, you're kind of in that seat thinking about bond and whether or not she should have her bond lowered. What did you make of that argument and the direction that the judge was going to take on? I think it's always difficult, the cases that we talk about, but that's what happens in our world. So when I first read not only the charges, but also information about the text messages, I mean, my first thought was she probably should be charged as a principal or certainly as a conspirator. What we know in the law is that a person who assists, motivates, encourages, or other supports or assists an individual in committing a crime can be held just as responsible as the person who actually commits the crime. That's the nature of a conspiracy. And so here, the argument will be that there would be no crime, but for Breonna's involvement, Breonna's difficulties with her parents or with her mother, Breonna going to her boyfriend and saying, I'm not happy. And this is what happened. And there being some malicious combination to discuss how to put a stop to the difficulties in her relationship with her mother. And unfortunately, a murderous design was what they came up with. It just is. It's so hard to fathom. I know like the headline has been, oh, it was about, you know, chores. She apparently had a relationship she didn't think that her mom would approve of, but it's like to still get to this point, you know, that why? And I don't know if we'll ever have an answer to that. When it comes to aggravated murder in Ohio, what does that mean? Because that's what she and the two others, Christian Evans and James. Ryan Reynolds here for Mint Mobile with your summer price forecast. Now, unfortunately, we're going to have to wait and see what happens next. But unfortunately, we're seeing rising costs across the country with possibility that big wireless hates you 100%. Now over here at Mint Mobile, we're seeing sunny skies and dropping prices. Every plan to just $15 a month. Give it a try at mintmobile.com slash switch. Upfront payment of $45 for three months, $90 for six months or $180 for 12 month plan required. $15 per month equivalent taxes and fees extra. New customer offer for initial plan term only greater than 50 gigabytes may slow when network is busy. See terms. Show button here. Football is finally back and prize picks. Going crazy with the deals to start the season. Giving out promos every day in September on prize picks. You can make all the picks you want all in the same app. And now prize picks is available nationwide. So what are you waiting for? Lock in for kickoff because everyone and everything is on prize picks what you want. Download the app today and use code Spotify to get $150 instantly in lineups. If you win your first $5 lineup prize picks run your game pain. They have all been charged with aggravated murder in this case. Yeah. So in Ohio and different states do it in different ways. And some, some states deal with degrees, you know, first degree murder, second degree murder. Other states like Ohio deal with the, uh, the, the adjective of the murder felonious assault or felony murder, aggravated murder, um, negligent homicide in, in Ohio, the highest crime that can be attributed to a person is, um, negligent murder. And what that means is it's not just the killing of a person or taking their life. It's taking it with a prior design and with aggravating factors. And what are those aggravating factors? Not just that they plan to do it, but that there was again, a conspiracy. There was an intent, not necessarily saying that here, but that there was an intent to rob them as they were taking their lives that, that they were kidnapping them or they kidnapped them in the process. I mean, there's some aggravating factor. That elevates the mandatory penalty of the charge itself. And that's what she's, uh, all three of them accused of. You know, and in this case too, with aggravated murder in Ohio, the death penalty is potentially on the table. We don't know if, if prosecutors will go in that direction. Um, how likely this is Delaware County, Ohio, it is North of Columbus. Um, I guess, how does it vary from, from County to County of whether or not you see death penalty? And I don't know if they'll go in the death penalty. It's certainly too early to kind of judge that, just like typically in Ohio, I know in like Franklin County, the lead prosecutor there is not, um, someone who supports the death penalty. So we haven't seen that in those cases. Um, how does it vary from County to County in Ohio, whether or not the death penalty actually becomes a reality in a case like this? So that's an interesting question because in Ohio, we have 88 counties and what has been shown is that historically there is a difference in justice, depending on where the crime is committed. A same heinous crime that's committed in Cleveland is going to be dealt differently than it is perhaps in Delaware County. And one of the reasons is because of the financial resources necessary to prosecute a death penalty case. Some counties have more available resources to bring that heavy hammer of the terminal case of death penalty. Other counties don't. I mean, we had a pretty big case here, um, a few years ago where several members of a family were murdered and there was a real big debate about, we need the death penalty here, but we can't afford to prosecute it. They ultimately took some pleas and, and worked out some processes so that the death penalty was taken off the table. But in Delaware County, it's a, it's a smaller County. Um, and so from a financial and a real question of justice standpoint, the, uh, the, the, the lack of continuity from County to County in, uh, going after the death penalty really presents as a significant problem for some. And very honestly, there are some other elements here that will certainly warrant conversation. When we have an 18 year old girl with no prior criminal history, at least no violence on a record that would, at least in the emotions of a lot of the community militate against imposing a death penalty. And then on the other side, you have a racial component because not only did she say that her parents were, would be against and kick her out the house if they knew she was dating a black dude. The black young black men are the ones who are accused of actually pulling the trigger and committing the violence, which means that they would be potentially on the hook for the death penalty. So you have a case where it looks like there's a possibility that some part of the conspiracy gets charged with the death penalty specification. The other is not. And it's lined up along racial lines. So all of those political and emotional and societal issues kind of militate against the idea that the death penalty would necessarily be sought here. But it remains to be seen. It does. And it'll be interesting how much attention this story gets going forward, because we see in a lot of cases when you do have racial implications, certainly you have this relationship between a mother and her daughter. These cases get attention and then those issues become part of the discourse surrounding it when it comes to. And I think in Evans and Payne's case, they don't know who fired the shot, to my understanding, from police at this point. It's alleged that they both enter the home. One of them has the gun. It seems like police are saying that they're the two that carried out the physical act. But even if they're both charged with aggravated murder and the law says that it doesn't really care who the specific person is who fired the shot, like from a defense standpoint, how much does it matter when we get to that point? If it's one or the other, like for the person who was there, witnessed everything. But if they end up getting the murder weapon in the forensic show, it was the other person. Like, how could that factor into a defense? Well, from a from a criminal liability standpoint, it really would make a difference. However, when we're talking about the penalty phase and we're talking about the consequences and the jail sentence, or as we said, you know, a death penalty specification, if that's pursued, that would militate hugely in favor of mitigation. That would be argued by both sides. Well, there's no evidence that he actually pulled the trigger. Yeah, we should impose a heavier penalty. On the one that pulled the trigger as opposed to the one that just happened to be there or was influenced in participating because he was lined up with his girlfriend. So that argument going forward, again, criminal liability aside in the penalty or the consequence phase, that is where we'll hear more about the separation. Although this is so early in the process. I mean, we're talking about an incident that just happened August 14th. And I know they said a pretrial date in the next couple of months. But I can tell you that it's going to be a year or two before there's significant movement. In fact, unless somebody decides to, you know, take a plea deal and turn state's evidence against the other one or the other two, if all three maintain their position and I didn't do anything wrong and they don't communicate and this could be a very long process. But during the process, as we know, a lot of information tends to come out, giving more clarity to what happened and who was responsible for what. Yeah, and it'll be interesting. Are there more deleted, alleged deleted text messages that go back even further than just the day before all of this took place? You know, before this apparent blowout fight that Brianna Dutcher ends up having with her mom about household chores and then she vents to Christian Evans and, you know, and then suddenly it's they're allegedly planning a murder. Just as far as the docket to like you bring that up, which is a good point, because when you see it says on paper that a jury trial is scheduled for November 3rd. And then they'll have a. Final pretrial hearing. This is for Brianna specifically on October 19th. Everyone has. Do you hear that? That sound, right? That means that summer's officially here. It means that grown adults just sprint into the street for a frozen dessert shaped like a cartoon. But this summer, Mint Mobile has a better treat. Every plan, including unlimited, is $15 a month. And unlike ice cream, it won't drip down your wrist or look nothing like the picture. Does anyone have any cash? New customer offer for initial plan term only greater than 50 gigabytes. May slow when network is busy. See terms. There's a right to the speed to a speedy trial. Like, why is that that we set this date so quickly? But then to your point, I mean, it's it's possible that we are here a year from now talking about updates and discovery that comes out in this case, because it is rare, if ever, that you would see a murder case actually go to trial on a date like November 3rd. Well, part of the reason is, as judges, and I always say the we, because I sat for 13 years and so I'm still part of that community. I say as judges, we are inclined to kind of compel the parties to move forward. Let's not just sit here and twiddle our fingers, folks. So let's set some dates that will encourage the parties to get their investigators involved, to talk to witnesses, to figure out their legal positions, to file motions. Let's not just set something automatically for March or April or July of next year. Let's set something quickly so that those involved will be motivated to start moving and actively preparing, prosecuting or defending their cases. You know, one interesting piece that I saw is out of the three of them. One of the young men has pleaded not guilty by reason of insanity. That's very interesting. I mean, not guilty by reason of insanity. Obviously, it says I didn't understand or appreciate the nature of what I was doing. When I did it. But more importantly, not guilty by reason of insanity is an affirmative defense, which means I'm acknowledging I did wrong, but there was a reason I did wrong. That's almost an admission. Interesting early move in this case. Yeah. And again, I mean, this just happened on August 14th. I mean, that happened this month. And to like already head in that direction. You know, it may speak to the evidence they know that. Prosecutors have against them at this point when it comes to like one part of the narrative that's been put out there is you have Tamela Dutcher's husband and this terrible scene is playing out where she has been shot. And then this man's named Neil King. He comes over. His name has been, you know, out in the media. He comes over and he's like tending to his wife on the ground who's dying. And then Painter Evans, according to police, fires another shot. And there is a potential of a temperance. So I think it's interesting to see how this case can be presented to a jury. If it comes to, you know, just how cold blooded it seems that you have on top of what's already been done to Tamela Dutcher. How does that part of the story, if true, play into the charges they're facing? Well, as you said, they may be adding charges, not necessarily upgrading, but adding additional charges after they continue to proceed with their charges. So I think it's interesting to see how this case can be presented to a jury if it comes to, you know, just how cold blooded it seems that you have on top of what's already been done to Tamela Dutcher. All defendants are entitled to a bond except in capital cases. This is not yet a capital case. And so by law, some bond has to be assessed by the court here. Three million. I mean, that's that's that's a that's a big number. At least it sounds like a big number. But what if the person has significant assets? Then that three million dollars is is is a lot less big than the homeless person who gets a thousand dollar bond, who has absolutely no relationships and nothing in their pockets. It could have the, you know, a different impact. So the judge has asset assessment by the pretrial services. They have, you know, the person's work history. If they have any, if they're employed, they have information about the person's educational background. They have information about the person's criminal history and even access to juvenile charges that the person. Do you hear that? That sound, right? Every plan, including Unlimited, is fifteen dollars a month. Give it a try at mintmobile.com/switch. Fifteen dollars per month equivalent taxes and fees extra. See terms. Show button here. Football is finally back and prize picks is going crazy. With the deals to start the season, giving out promos every day in September on prize picks, you can make all the pics you want all in the same app. Lock in for kickoff because everyone and everything is on prize picks. What you want? If you win your first five dollar lineup prize picks run your game may have had and here when she's 18, they're 20 and 21, there may be something on a juvenile records consistent with these types of charges. That's all information that we as judges have as we're making bond decisions collected by what's called pretrial services that the clerk's offices have access to and do an investigation before the defendants appear before the judge the first time. And we'll see what happens next in this case. I mean, just nothing short of a tragedy, which I know can be cliche when talking about, you know, true crime. But you just think of, you know, parents who raise a child and then for that child to be accused along with two others of taking her mom's life. It's just something that's just just it's a terrible story. We'll keep a close eye on it. Retired Judge Fanon Rucker, criminal defense attorney. Always great to have you on Law and Crime. Thanks for being with us. Thank you. That will do it for On the Case presented by Law and Crime. Subscribe to us on YouTube and Spotify. We're also streaming on Peacock. I'm Chris Stewart. See you next time. Thank you.