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They all get away, except for one young man. Shot and killed at point-blank range. Weeks later, the police find their culprit. The assassin in custody shakes his head. You've got the wrong guy. I'm not the killer. It was my twin brother. This is Forensic Tales, episode number 82. Orlando and Brandon Nebhard. ♪
Welcome to Forensic Tales. I'm your host, Courtney Fretwell.
Forensic Tales is a weekly true crime podcast covering real, spine-tingling stories with a forensic science twist. Some cases have been solved with forensic science, while others have turned cold. Every remarkable story sends us a chilling reminder that not all stories have happy endings.
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Now, let's jump right into this week's case. On February 12, 2011, hundreds of patrons filled the Leonardo da Vinci's Code nightclub in Chandler, Arizona. It was a Saturday night, and the Da Vinci Code was a popular hip-hop bar and club located at 2020 North Arizona Avenue. The club is no longer in business today, but it was a popular spot in Chandler for many years.
The Da Vinci Code Club attracted 20, 30-something-year-olds as well as attracted teenagers, even if they were too young to get into the club legally. Many of the people who showed up to this spot were regulars. A lot of these people knew each other or hung out in the same social circles.
Sometime during the early morning hours of February 12th, a fight broke out between a couple of guys just outside the club's front doors. At first, it was just your typical bar fight, a fight that probably happens every other weekend outside a bar or nightclub. You've got a group of young guys who probably had a little too much to drink that night and decide that they want to get into a fight.
Typically, these fights are broken up. Maybe a bouncer comes out and tells the guys to go home for the night, or maybe someone in the group themselves can break up the fight. A fight like this rarely ends up with gunfire. Within minutes, the fight escalated from just a typical bar brawl. Witnesses outside the club watched as a man pulled out a gun from his waistband and pointed it at a group of club goers.
As soon as these people see the gun, everyone starts to panic. Most people have absolutely no idea who this guy is pointing his gun at. So people are just running in every direction to try and get away from this guy. As the crowd of people begin to panic, witnesses say that the man pointed his gun in the direction of 19-year-old Sir Xavier Brooks.
Although Brooks wasn't involved in the fight initially, witnesses recalled that the suspect pointed his gun at Brooks as he had his hands up and was slowly backing away from the gunman, just like everyone else outside the club was trying to do. Within seconds of pulling out the gun, the suspect shoots and hits Brooks from point-blank range.
Witnesses then recalled seeing the man put his gun away and flee the club. Club goers immediately called 911, and paramedics arrived at the club within minutes. The Chandler police also alerted about the situation, and authorities learned that there had been gunfire outside the Da Vinci nightclub. When the police officers arrived at the club, they had no idea if 1. the gunman was still there, or 2. if there were any additional shooters.
After interviewing several witnesses and securing the scene, the police learned that there was only one gunman and one victim. The victim, 19-year-old Brooks, was transported to the hospital where he was later pronounced dead from a single gunshot wound.
From the beginning, it seems like this was going to be an open and shut case. Within an hour of the shooting, the Chandler police learned there were at least a dozen eyewitnesses outside the club that night who saw the entire thing.
Because many of the people there that night knew each other, this also meant that most of the eyewitnesses also knew who the gunman was. Almost every witness interviewed by the police that night said that 19-year-old Orlando Nebhard was the shooter.
As soon as the eyewitnesses identified the shooter as Nebhard, the Chandler police launched a search for his arrest. The situation was no longer just about a shooter outside of a nightclub because Brooks was now dead. This case was now a murder investigation. The police had no idea if the suspect was planning to shoot and kill anyone else. They had no idea if he was planning to flee the scene or fleeing the area, but
And in a case like this, the police must track down the suspect and make an arrest as quickly as possible. If a homicide isn't solved within the first 48 hours, the chances of solving it dramatically drop. Even though the Chandler police had a suspect, they knew they needed to find him as quickly as possible to be able to solve this one. But tracking him down wouldn't be so easy.
Because as soon as the shooting happened, Orlando Nebhard was nowhere to be found. After the shooting, Nebhard fled Chandler, Arizona. He had no idea if Brooks was dead or not, but he knew he was going to be facing some serious criminal charges. So for the next six weeks, Nebhard avoided police capture up until late March 2011 when a tip came in about his whereabouts.
The tipster told the authorities that Nebhard had made his way all the way across the country to New York. With the help of police officers from the U.S. Marshals Service, Orlando Nebhard was taken into custody in Yonkers, New York, almost 2,500 miles away from Chandler, Arizona. He was arrested and booked on charges of second-degree murder for the shooting death of Brooks.
After his arrest, he was extradited back to Arizona, where he was booked into the Maricopa County Jail. Once in jail, the judge set bail in the case at $500,000, a typical bail amount involving second-degree murder charges.
Although Nebhard pled not guilty to second-degree murder charges, he could not post the $500,000 bail, which meant that he would sit in jail until the case went to trial. In a murder case like this one, that could mean that he would sit in jail for months or even years.
As Nebhard sits in jail, Arizona prosecutors begin prepping the case. Surely it's a simple investigation. Suspect shoots victim. Hundreds of eyewitnesses see the suspect shoot the victim. Witnesses identify suspect. Suspect arrested. It's pretty much a textbook murder investigation.
But as prosecutors and detectives are interviewing these eyewitnesses from the club that night, they're starting to realize that many of them have different stories about what happened. Now, this situation isn't entirely uncommon for cases involving eyewitnesses. We know that two people can witness the same exact crime and then tell two different stories about the facts or what they saw.
I think many people believe that eyewitnesses and eyewitness cases are the best, but that's not always the case. Because in this situation, in this case, the police got their suspect solely on eyewitness identification after several club goers said they knew the shooter as Orlando Nebhardt.
Investigators should treat this very carefully because eyewitness identification can be one of the most unreliable forms of evidence. According to the Innocence Project, faulty eyewitness identifications are the leading cause of wrongful convictions right here in the United States. As humans, we may feel confident about our memories when identifying a suspect.
But just the natural way our memories and our visual perceptions operate, well, they just make us terrible eyewitnesses. Especially when the police solely rely on eyewitness identification, this compromises the entire investigation.
When a suspect is identified early on during an investigation, especially a murder one, the police tend to get blinders on. They no longer pursue other possible suspects, and sometimes they don't even follow up on other leads in the case.
So when it comes to this murder investigation, once the Chandler police have a suspect who's been identified by multiple sources, the police started building a case against Orlando Nebharb without exploring any other possible shooters. Now, I know what you're probably thinking. Well, what's the big deal? There were a ton of witnesses that night who said the shooter was Orlando Nebharb.
It's not like these people identified a random person off the streets that they have never seen before or didn't know. Many of these eyewitnesses knew Orlando personally. Some of these people who pointed and said that he was the shooter, some of these people were even his close friends. Eyewitness identification doesn't get much more reliable than that, right?
Well, here's where things get really interesting with this story. As the police and prosecutors are interviewing witnesses who saw the shooting, they learned that someone who bears a striking resemblance to Orlando, who was also at the club that night, and that was his 19-year-old identical twin brother, Brandon.
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SmileBrilliant.com, promo code TAILS to get 30% off. Brandon and Orlando look completely identical. They are your textbook definition of identical twins. They wear the same style of clothing. They act alike. They talk alike. Even their close friends say that sometimes they have a hard time telling these brothers apart, especially when they're standing right next to each other.
Sometimes with twins, you can tell them apart by the way they act or dress. Maybe one of the twins has a different hairstyle or talks and acts in a much different way from the other twin. Not Brandon and Orlando. You look at these two men and you cannot tell the difference between them. And what makes things even trickier here is that both Brandon and Orlando were at the club that night.
So it's not like the police can rule either one of them out simply because of where they were that night. This discovery meant that it's entirely possible that Brandon might be the shooter, not Orlando, like originally thought.
After this information came out that Orlando had a twin brother who was also at the Da Vinci Code Club, this complicated the entire investigation. And now Orlando and his defense attorney have some leverage in the case. Orlando and his defense attorney tell the police that he's innocent and that the real shooter was his twin brother, Brandon.
They even point to the fact that Brandon, just like Orlando, fled to New York after the shooting, making him a likely suspect. Not surprisingly, when the authorities track down Brandon in Yonkers, New York, he tells them the complete opposite.
He admitted to them that, yes, he was at the nightclub that night with his brother and some friends, but he denied being the shooter. Like his brother, he said he was completely innocent and that Orlando was responsible. So here you have two identical twin brothers telling the Chandler police two different stories. One brother says that the other brother did it. The other one says the other brother is guilty.
Now, what do the eyewitnesses say who were at the club that night? Some eyewitnesses insisted that Orlando was the gunman. They were absolutely sure that Orlando was the guy, not Brandon. Other witnesses disagreed. They told the Chandler police, no, no, no. Orlando wasn't the shooter. It was definitely Brandon.
while others had no idea which brother it could be. Some said they couldn't tell which twin it was. Many of the eyewitnesses that night were actually friends of Orlando and Brandon. They knew both of the brothers very well. This aspect of the case raises the question of whether some of these eyewitnesses are trying to mislead investigators.
You've got friends of both brothers saying either twin did it, and you've got some friends saying that they couldn't tell which one did. So it was hard for investigators not to suspect that possibly, maybe, some of these key eyewitnesses could intentionally, well, intentionally confuse the situation. It's possible that some of these people did
And some of these friends knew that if there were doubts about the shooter's true identity, then the authorities wouldn't be able to move forward in a case against Orlando, the brother in custody. It also means that the police wouldn't be able to press charges against Brandon either, because if the police didn't really know who did it, then you can't really arrest either brother in this situation.
During the investigation, the witnesses were asked about what the shooter was wearing. The hope here is that if investigators could determine what the shooter was wearing, they could then rule out one of the brothers. Even if the brothers look alike, it's not like they showed up to the club that night wearing the same exact outfit. But it turns out it was also unclear what the shooter was wearing.
Many witnesses said that the gunman was wearing jeans, a white shirt, and a black beanie. This information is a problem because according to other witnesses, as well as the brothers themselves, neither twin had that outfit on. Orlando told the police that he was wearing jeans, a white shirt, and a white beanie on his head.
And Brandon was seen wearing jeans and a dark colored shirt with no beanie. Neither of the twins' outfits matched the witness's descriptions of the shooter. Now, one could argue here that Orlando's outfit more clearly matches the description. He was wearing jeans, a white shirt, and a white beanie.
The only difference in his outfit from the witness description of what they said the gunman was wearing was that the gunman had a black beanie on, and according to Orlando, his beanie was white. But his jeans and the t-shirt very closely match the description. Is it possible that the witnesses got the color of the beanie wrong? Maybe. But keep in mind, this wasn't just one person's testimony.
Several eyewitnesses said that the shooter was wearing a black beanie, not a white one. Just to play devil's advocate here for a minute, the only person who said Orlando had a white beanie and not a black one was Orlando himself.
Not one person, no one at the club remembered what color beanie he was wearing that night. So it was only Orlando saying, no, no, no, I was wearing a black beanie. Everyone else was saying the shooter was wearing a white beanie. Now, once investigators realized this wasn't going to be an open and shut case, they decided to partner with the prosecution and assemble a grand jury.
A grand jury would decide whether the state had enough evidence to pursue second-degree murder charges against Orlando. Remember, at this point, only Orlando is in jail. His brother Brandon is free. He's out of custody. So the grand jury needed to decide whether the state had enough to convict Orlando. The state has zero forensic evidence, something that we'll talk about in just a minute, but
Really, the only thing they have in the way of evidence against Orlando is eyewitness identification, which we already know can be very unreliable. And now we know that the prime suspect has an identical twin brother. And one brother is saying that the other one did it. One of the prosecution's key eyewitnesses testified at the grand jury hearing. The witness was a guy named Omar Stanford.
Omar Stanford was one of the few witnesses that claimed to know which brother shot the victim. According to Omar Stanford, Orlando was the shooter without a doubt in his mind. This guy was the state's star witness here because he claimed that he could 100% without a doubt tell the brothers apart.
He said he could easily tell which one was Orlando and which one was Brandon because he said Orlando had longer hair than his brother. He also said that Orlando had a tattoo on his neck while Brandon didn't. Omar Stanford also testified in front of this grand jury that although everyone thinks the twins look alike, he believes that they have slightly different facial features and that's how he can tell them apart.
He told the grand jury that he'd known the brothers for years and then he absolutely believed that Orlando was the shooter and not Brandon. One of the problems with Stanford's testimony in front of the grand jury was that an investigation into Stanford himself revealed that Stanford and Orlando weren't exactly friends.
Not only were they not friends, but they could only be described as enemies. In the years leading up to the shooting, Orlando and this guy Omar Stanford had a ton of run-ins and altercations with one another. To be frank, these guys just did not like each other. So when it came time for Stanford to testify, Orlando's defense attorney said, whoa, whoa, whoa, wait a minute here.
You can't trust a guy who has a adverse history with my client to identify him as the shooter. Stanford hates Orlando. Of course he's going to testify that he was the shooter and not his brother Brandon.
When it comes to witness reliability, this is about as bad as it gets for the prosecution. Not only do you have dozens of eyewitnesses who cannot agree on who the shooter was, now you have a star witness who has a lengthy history of run-ins with the prime suspect.
Even if what Stanford is saying is true, that he can tell the twins apart, and that he's absolutely certain that Orlando was the shooter and not Brandon, the prosecution will have a really, really tough time convincing a jury that this witness isn't biased. This episode of Forensic Tales is sponsored by Scary Time. I know you've heard me talk about Scary Time podcast before.
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Scary Time Podcast is available on Apple Podcasts or wherever you're listening right now. Subscribe today and give them a listen. That's Scary Time Podcast. While the grand jury was reviewing all of the evidence, two additional witnesses came forward that once again turned this investigation completely upside down. These two witnesses claimed that they knew which twin was responsible.
They said that after the shooting, Brandon came forward and admitted that he did it. He allegedly told these two witnesses that the Chandler police had the wrong twin in custody. He also said that he had no intentions of turning himself into the police and that he was going to let his twin brother take the fall.
Now, it is not clear, at least from what I could find, what prompted these two witnesses, who do remain anonymous, to come forward. But their testimony was enough for Orlando's defense attorney, Jason Lamb, to file a motion to reduce bail in the case.
On July 28th, just four months after the shooting, Orlando was back in court for a bond hearing. His defense attorney, Jason Lamb, presented the judge with the witness testimony that claimed Brandon was actually the shooter. In the motion, Lamb cited, quote,
Witnesses initially gave conflicting descriptions, with some witnesses describing the defendant by his clothing as the shooter and others describing his twin brother as the shooter, end quote.
After reviewing the motion, the judge agreed with the defense attorney that there was serious doubt about the shooter's true identity. So because there was a significant doubt about the identity, the judge decided to reduce Orlando's bail from $500,000 down to $10,000. And Orlando was released from jail with an ankle monitor.
The judge's decision to reduce bail in Orlando's case was heartbreaking to the victim's family. The victim's father, Ronald Brooks, was so outraged by the judge's decision that during the court hearing, he stood up from his seat and yelled, quote, $10,000? You can commit murder and get a $10,000 bond? But even the prosecutor's office agreed with the judge, which is rare in a case like this.
After the court hearing, a Maricopa County attorney's office spokesperson told reporters that the twins look very much alike. The spokesperson even said, quote, End quote.
The DA here is essentially agreeing with the judge as well as the defense that these brothers are easily confused with one another, which will be a problem in front of a jury later on down the road, especially when there is very little evidence in the case except for eyewitnesses. One month after the defense filed the motion to reduce bail in the case, Orlando was back in court in August 2011.
On August 11, 2011, Maricopa County prosecutors filed a motion in court requesting the charges be dropped against Orlando. In the motion, prosecutors requested that the second-degree murder charges be dropped without prejudice.
The without prejudice part of the motion simply means that the charges are only temporarily dropped and that prosecutors can decide to refile charges in the future against Orlando if they receive additional evidence in the case. This motion was a massive move by the state.
They recognized that the role of the prosecution is to only bring charges against a person if they believe that the charges are true. And in the case of Orlando and Brandon, even prosecutors aren't sure who the shooter really is.
In their public statement, Maricopa County prosecutors said, "...prosecutors have a legal and ethical obligation to ensure that we have a reasonable likelihood of conviction to pursue a case against an individual. When the evidence available falls short of that standard, we simply cannot continue a prosecution."
While it is clear that Sir Xavier Brooks died at the hands of another, we must make sure that the justice served for him and his family follows a just conviction. End quote. And with that, Orlando's bond was exonerated and he was free to get rid of the ankle monitor. And his brother Brandon is also cleared as a suspect, at least for now.
As of today, the murder of 19-year-old Sir Xavier Brooks remains unsolved. Both Orlando and Brandon remain free and out of custody. Those who are close to the twins say that they were very close to each other before the shooting. Originally from Yonkers, New York, they moved to Phoenix, Arizona with their mother about five years earlier.
They have not spoken to each other since the U.S. Marshals arrested Orlando in March of 2011. And to this day, neither brother has claimed responsibility for the shooting. The case involving Orlando and his brother Brandon isn't the first case where twins were accused of murder. This very thing has happened a handful of times over the years.
Until recently, identical twins have had a relatively easy way to establish doubt in a case. They can simply point to their identical twin and say, they did it, not me. Now let's get into some of the forensic science between cases involving identical twins. Standard forensic DNA tests work by extracting sections of DNA from a sample obtained from a crime scene.
Once investigators have that sample, they look for a match in the sequence between the suspect's genetic profile and compare it to the evidence from the sample. Typically, this type of forensic testing is highly effective at identifying a suspect. Most of our genetic profiles vary enough from one another for forensic scientists to quickly tell whether we left DNA behind at a scene.
But this isn't true for identical twins. Identical twins are born from the same single fertilized egg, which means that these types of twins have almost identical genetic profiles. These genetic profiles don't vary from one another like they do in a human who isn't an identical twin.
So traditional DNA testing on cases involving identical twins is a little more challenging. This could mean that either identical twin could be the depositor of DNA material at a crime scene. But this is starting to change as our DNA testing capabilities improve. Forensic scientists have now found a way to test DNA from identical twins.
This process is known as ultra-deep next-generation sequencing. This test, which scientists developed in Germany, claims to identify differences in identical twins' DNA. And if that's the case, then forensic scientists will be able to determine which twin a biological sample, like DNA or blood, belongs to.
UltraDeep Next Generation Sequencing works by examining genetic letters, also known as base pairs, that make up the 3 billion base pair human genome. Mutations in the human genome randomly occur in almost every single one of us during development, even identical twins. These mutations are completely random.
So that means that these sequences/mutations can't be exact same in both identical twins. In other words, at this level of testing, forensic scientists can spot one of these mutations in the sequence in one twin and not in the other twin.
And it's within these mutations that forensic scientists can determine which twin committed the crime and left behind DNA. But not everyone in the legal and forensic science community is bought into this type of DNA testing. Some experts out there believe that this type of testing is very reliable and has a high probability of success in determining which twin is guilty.
Others think that there's still a lot more testing that has to be done. Most scientists who aren't on board with ultra-deep next-generation sequencing believe that there just isn't enough data and there's not enough research on the test's reliability. And until there's more research and more testing, this type of test shouldn't be admissible in court as evidence.
Although identical twins DNA can be difficult to distinguish under traditional DNA testing, twins don't have the same fingerprints. Identical twins can have very similar looking fingerprints, but there are slight differences in the womb environment that contribute to twins having different fingerprints. So the chances of identical twins having identical fingerprints are slim to none.
Now, going back to the case of Orlando and Brandon, the authorities don't have any physical or forensic evidence from the scene that links either twin to Brooke's murder. Whichever brother the shooter was took the gun with him. And since then, the murder weapon has never been recovered. Without a gun, the authorities have no way of testing the gun for DNA or fingerprint evidence belonging to either twin.
If authorities did have the murder weapon, I think the outcome of this case would be entirely different. Investigators would be able to test the gun for fingerprint evidence and then likely be able to determine who handled the gun that night. But there's no evidence that either twin legally purchased a weapon any time before the shooting.
Now, it's also worth mentioning here that neither Orlando nor Brandon have a significant criminal record. Besides a few minor run-ins with law enforcement, neither brother has a record. Neither twin has ever been involved in something as serious as this case, which to me makes it even more interesting.
From a forensic psychology perspective, neither Orlando nor Brandon had a history of violence or serious criminal behavior. And because they didn't have a violent background or violent history, it makes it even harder for anyone to determine which twin was responsible. There's nothing in either of their past to suggest that one twin is more likely than the other to commit murder.
I think it's also interesting that the brothers blamed each other. Typically, twins are very close. They would never dream about pinning something as serious as second-degree murder on the other twin. So it's fascinating to me that neither one of them have spoken about it. And I wonder if Orlando, the twin who was initially charged in the case, if he was convicted and sentenced to murder,
I wonder if Brandon would have spoken up and said something. And of course, vice versa. If Brandon was arrested, I wonder if Orlando would have said something. Unfortunately, without a murder weapon, it's possible that this case will remain unsolved. And we may never know which twin is responsible.
If authorities could recover the gun, they would have a chance, a small chance, at performing a high-level forensic and DNA testing to determine which twin handled the gun. Or, at the very least, authorities could have tested the gun for fingerprints, which would have almost certainly revealed the correct suspect. But no gun, two suspects, nothing.
One innocent, one certainly guilty, one dead, one family grieves, the bad guy gets away. Life can be so cruel. To share your thoughts on the Orlando and Brandon Nebhard case, be sure to follow the show on Instagram and Facebook at Forensic Tales. Let me know what you think. Do you think eyewitness identification is enough evidence for a murder trial? And how do you feel about the lack of physical and forensic evidence in the case?
To check out photos from the case, be sure to head to our website, ForensicTales.com. Don't forget to subscribe to Forensic Tales so you don't miss an episode. We release a new episode every Monday. If you love the show, consider leaving us a positive review or tell friends and family about us. You can also help support the show through Patreon. Please visit Patreon.com slash Forensic Tales to find out more.
Thank you so much for joining me this week. Please join me next week. We'll have a brand new case and a brand new story to talk about. Until then, remember, not all stories have happy endings.
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