104\. Who Killed Robert Wone?
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You're listening to an Ono Media podcast. Hey everyone and welcome back to the Into the Dark podcast. I am your host Peyton Moreland and I am so glad you are here listening. If you are listening on audio and can give me a review on whatever podcast platform you're listening on that would be great and if you're watching on YouTube please just take a second, turn on notifications, subscribe, give this video a thumbs up. It is a great way to support the show but

I'm happy you are here watching this episode. I know I do that spill like every single time. So thank you for just listening through it. Let's jump into my 10 seconds. So Garrett got his hair transplant and it has been very intense to say the least. I did not realize how crazy it was going to be, not just the day of this procedure, but also after. The procedure took 14 hours. I had to go pick him up. He was having like full body tremors,

So much pain, so bloody. I have to clean his head morning and night. I have to make sure I'm putting cream and spray on every single hour. It is crazy intense. I'm feeling so, so bad for him. I hope that we kind of get over the mend here soon, but honestly, that has just been what's taking up my week ever since our last episode. We've honestly just been at home. I've been trying to do everything I can to make him comfortable. He still can't even sleep like

laying down yet. He literally has to sleep in like a neck pillow. He hasn't showered yet because he's not allowed to get near water. It's a whole freaking thing. But that is what's great about being able to work from home is I can still come down here and record. We

Honestly, for that, I am eternally grateful and that is because of you guys listening and I just want you to know that we do not take that lightly. We'll never take it for granted and we love you guys so much. That being said, let's jump into today's case.

Now, nobody likes to wait for things. I'm sure most of us have gotten very frustrated by long lines at the grocery store or sitting around in doctors or dentist's office waiting for our appointments. And we all know it can feel like torture when a big event or holiday is coming up, but not quite fast enough. We don't want to wait.

And on top of that, there are certain circumstances where I think we can all agree we probably shouldn't wait. Say if you're in an emergency situation, you should get help right away. And after horrible crimes, we want justice for the victims quickly. Nobody should have to wait for years or decades for their case to get solved. And sadly, today's story is all about waiting.

So our case today revolves around a man named Robert Wan. He was a fourth generation Chinese American, and he was born in New York City. And from the time that he was very young, Robert cared a lot about justice, enough so that he spent his whole life fighting for fairness and equality. He actually decided to become a lawyer and

And while he was an undergrad, he was involved in a bunch of different honor societies and student groups, particularly groups for Asian American students. He even wrote an article about anti-Asian bias and workplace harassment. It was good enough to be published while he was still a student. Robert was also a member of the student government, which is how he ended up meeting a classmate named Joseph Price.

Joseph was also very accomplished and he had similar goals to Robert. Both of them planned to go to law school after undergrad. And both of them were overachievers who were involved in a lot of different clubs and student organizations. I mean, it just kind of makes sense that they would meet up in college and become friends. The things that these two boys were involved in are the sort of things that help your resume increase your odds of getting accepted into a good university.

And like Robert, his new friend from college, Joseph, cared a lot about social justice. It was a personal issue for him because Joseph was gay. So he was very outspoken about LGBTQ rights. He belonged to groups that supported queer students and which tried to raise awareness of issues that affected them. It's safe to assume that Robert and Joseph bonded over their shared passion for the law and for equal rights.

And they stayed in touch after graduation. Okay, so Joseph went on to attend a good law school. He passed the bar. He became a lawyer and continued fighting for equality. He even established a nonprofit group that handled legal cases related to LGBTQ issues.

And as for Robert Wan, he also finished law school and became an attorney. He got a good job at a firm in Washington, D.C. It handled real estate and employment law. And like Joseph, Robert was still committed to giving back. So he volunteered with a lot of groups that served the Asian-American community. Now, fast forward to 2002.

Robert was at a conference for attorneys in Chicago when he met a woman named Catherine. Catherine was also a lawyer and the two of them hit it off right away. They decided to date long distance for a few months and then in the summer of 2003, Catherine and Robert Juan get married. Catherine moves to Washington DC to be with her new husband and they settled into their new life where they were active in their church.

So for this couple, community involvement and activism are important. By 2006, Robert was 32 years old. He and Catherine lived together out in the suburbs. He was still working a job in the city of Washington, D.C., so every day he'd have to make a very long commute.

Now, Robert didn't mind this very much. Most days he just accepted that he'd have to wake up super early and wouldn't get home until late. But it did get to be draining during the busy periods where he was putting in long hours at the office on top of all the time he spent on the road, which is exactly what happened on August 2nd, 2006.

Robert has an unusually late night at work and he just didn't fill up to making the long trek back home. He was exhausted. The good news was that Robert's old college friend, now 35 year old Joseph, actually lived very close to his office. Okay, so just a mile away. And they're talking this night and when he realized that Robert had a late night ahead of him, he made him an offer.

Joseph told Robert, "Hey, just spend the night in my guest room. That way you don't have to drive all the way back home. You can get a good night's sleep and then just make the mile trek back to your office in the morning." It sounded like a great plan. So Robert gratefully agreed to come over to Joseph's house where Joseph lived with his two boyfriends. See, Joseph was in an open relationship with both men.

One was named Victor Zaborski. Victor was 40 years old and a very successful marketing professional. If you're a child of the 90s, you actually may remember the Got Milk campaign that was very popular during that time. It showed celebrities with milk mustaches and it encouraged children to get more dairy in their diets.

Well, Victor was one of the people who came up with that campaign. Somewhere along the way, he met Joseph. The two men fell in love. They'd never been married, but they did have a registered civil partnership, which was common for gay men in the years before same-sex marriage was legalized nationwide.

So by 2006, they'd been living together in Washington, D.C. for close to 10 years. But what about that third boyfriend? OK, sometime in the early 2000s, Joseph also began dating another man, Dylan Ward. Dylan was 32 years old, and over the years he'd worked a lot of odd jobs. He'd been a chef, a children's book publisher and a fundraiser for gay rights charities. Now,

Now that last job had taken him to Washington, D.C. And when he needed a place to live, he ended up renting a basement unit from Joseph and Victor. The couple lived in the upstairs part of their house while Dylan stayed downstairs. Except as time went on, Dylan began sleeping with his landlord, Joseph. And to be clear, from what I can tell, Joseph wasn't cheating on his partner, his long-term partner, Victor.

Dylan knew about Victor and Victor knew about Dylan too. And Joseph suggested a three-way relationship where everyone felt like they were on equal standing. But even though he'd been seeing both men for four or five years, they weren't exactly there yet. Everyone was still figuring out where they stood with one another. Somewhere along the way, Dylan had moved out of the basement rental and into his own bedroom on the same floor as Victor and Joseph.

So Victor and Joseph shared a bedroom and Dylan had his own separate room, but now on the same floor. He was still sexually active with Joseph, but not Victor. And after Dylan moved out of that basement unit, they all rented that downstairs space to a new tenant.

Now, this person wasn't part of Dylan, Joseph and Victor's relationship or complicated relationship. So I know it's complicated, but there were four people living in the house. The person in the basement was just a renter and Dylan and Victor were both dating Joseph. OK, so that's what's going on at the time that Robert is going to go stay the night. So there was also one empty guest room at the house, which is where Robert ended up staying that night. He

He got there, he left the office, got there at 10.30 p.m. and reportedly spent a little time chatting with his hosts. I mean, Joseph is his old friend from college and now he gets to meet his two boyfriends, roommates, whatever you want to call them. The conversation that night doesn't last long. He knew he had an early morning the next day, so he didn't want to stay up too late. He took a shower and was in his bed within a half an hour or so.

Then sometime later, the next door neighbors heard a scream coming from the house and they didn't call the police. So it's hard to say exactly what time the scream was, but they later testified that it was between 11 and 1130 p.m. Now at 1149 p.m., Victor, who is Joseph's long-term boyfriend, called 911.

And he told the dispatcher that someone had broken into his home and had committed a horrific crime. Specifically, Victor said, quote, we heard, we think it was somebody, an intruder in the house. We heard a chime, the door. We had someone in our house, evidently, and they stabbed somebody.

But when the operator offered to send police, ambulances and firefighters, Victor said, "Oh no, no, we only need an ambulance." He seemed oddly confident that this intruder who had broken into the home and stabbed someone, whoever they were, was gone. And he also claimed the police weren't necessary because nobody in the house was in danger anymore. Now this struck the dispatcher as odd, as did another strange detail on this call. Throughout the call,

Victor kept saying "we" instead of "I" as in we heard somebody, we heard a chime, we had someone in our house. It made it sound like Victor wasn't speaking just for himself. Instead, he might have talked to other people in the house before calling 911. Like they all together were sharing this story.

The call lasted about five minutes and 40 seconds until the paramedics and the police made it onto the scene. Because newsflash, someone can't be stabbed and then it not be a crime. Police still have to come. So the operator had sent them both, even though Victor claimed they didn't need the police. And when they arrived, they only saw even more strange things at this already strange scene.

First, Victor was outside of the home waiting for them to let them in, and he was still on the cell phone with 911. He was wearing a bathrobe like he had just stepped out of the shower. Now, on its own, that isn't weird. Maybe Victor had been washing up right before he heard the intruder and called 911. Except when Victor walked the paramedics inside, they bump into Dylan.

who is also wearing a white robe. Now, Dylan is the short-term boyfriend to Joseph, but Victor and Dylan do not have a relationship. So Victor and Dylan are wearing robes. He also looks like he's been in the shower recently. From there, the police and paramedics headed straight for the guest bedroom, and that's where they found Robert, and he's dead.

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Hey there, Ryan Reynolds here. It's a new year and you know what that means. No, not the diet. Resolutions.

A way for us all to try and do a little bit better than we did last year. And my resolution, unlike big wireless, is to not be a raging a**hole and raise the price of wireless on you every chance I get. Give it a try at mintmobile.com slash switch. $45 upfront payment required, equivalent to $15 per month. New customers on first three-month plan only. Taxes and fees extra. Speeds lower above 40 gigabytes on unlimited. See mintmobile.com for details. He was in bed, specifically a pull-out bed, the kind that you can fold out from a couch.

And there are three visible stab wounds on his body. And one of the stab wounds that was in his chest was actually big enough that one of the paramedics thought he could fit his whole finger into it if he wanted to. What was strange to paramedics was there was almost no blood anywhere in this bedroom. If Robert had been stabbed while he was in bed, like it seems,

He would have bled on his clothes, on the blankets, maybe even on the carpet. However, the room was weirdly pristine. The blankets were still tucked in like Robert hadn't crawled underneath them yet. Except Robert was wearing his mouth guard and he usually only put this in right before he went to sleep.

So he was clearly ready for bed and like in the bedroom, but on the bed, not tucked in. So all the first responders can think when they get to the scene is that Robert must have been stabbed somewhere else and his killer might have put him onto the bed afterward. It was the only way that the crime scene made any sense. But then they're like, did the killer put his mouth guard in for him?

It was just hard to make the pieces add up. And I should note that it was also difficult for the police to identify any other part of the house where Robert could have been murdered. When cadaver dogs searched it later on, they signaled at two spots besides the bed where Robert was found, indicating that there were human remains in these two locations. One was the lint trap of a dryer,

And the other was the drain of a bathtub. Now, obviously, Robert wasn't murdered in the drain or in the lint trap. It seemed more likely that the killer may have showered after the crime, washed blood down the drain, and then put evidence in the washing machine and dryer to clean it before the police arrived.

This seemed more like evidence of a cover-up than evidence of the murder itself. To add to the weirdness, the paramedics also saw streaks on Robert's torso the night that they responded to the 911 call. Like someone had wiped up his blood with a washcloth. And you'd have to wonder, why would someone who's breaking in and getting back out of this house fast...

take the time to do that? And more importantly, when did they do that? Did the killer go to the trouble of killing Robert, moving his body into the guest room, potentially putting his mouth guard in and cleaning the blood off his chest?

all without anyone else in this house hearing them. Remember, there are four other people. I'm telling you all of this so that you could be on board with what police thought, and that was that the official timeline of the night just didn't make sense. You'll remember that the neighbor heard a scream sometime between 11 and 11:30 that night. We don't know the exact time, but for sake of argument, let's say it was 11:30.

Victor didn't call 911 until 1149. That was 19 minutes later than the last possible time the neighbor could have heard that scream. This is a significant delay. A scream is loud enough to wake up a neighbor

but not loud enough to alert the other four people in the house that someone's being stabbed. And so it takes 19 minutes for them to discover this and then call 911. And I mean, if the scream happened around 11, that would mean Victor waited for up to 49 minutes to get help for Robert. So if Robert screamed when he was murdered,

Why would these men take so long to call for an ambulance? Unless they used those 19, possibly 49 minutes to tidy up the scene. Perhaps for some reason they washed Robert's clothes in the washer and dryer, wiped the blood off his chest, and put him into his untouched pull-out bed. Then they showered his blood off and put on white bathrobes just in time for Victor to call and ask for an ambulance.

Now, in fairness, 19, even 49 minutes isn't very long to pull all of that off. And it's also worth wondering why they would even do that. If you're going to the trouble of covering up a crime, why not just dispose of the body? Why call the police on yourself, right? Because if they're covering up, that's alluding to the fact that they did it.

So the investigators couldn't answer those questions, but they only became more suspicious of the three men when they searched the rest of the house. First, there were no signs of forced entry. In fact, the back door was unlocked. Victor, Dylan, and Joseph all insisted that they always kept the door locked. It was very unusual for it to be open.

But they tried to explain it away by saying that somewhere along the way that night, someone must have opened the back door for some reason and then just forgotten to lock it. Nobody actually remembered opening the door, though. Nobody could say who did it. Still, they were all insistent that there had to be some innocent explanation. And interestingly, nothing of financial value was missing from the home.

Victor, Joseph, and Dylan lived in a nice house with a lot of expensive things, and none of them had been taken. So clearly this wasn't an attempted robbery gone wrong. Even more alarming, there was a bloody knife lying on the table beside Robert's pull-out bed, which was odd.

The knife was covered in blood from the tip to the base, but this knife was larger than the stab wounds on Robert's body. If the killer had jammed the knife far enough into Robert's chest to coat the blade in blood, the injuries to him should have been deeper than they were. So the police actually pretty quickly determined that the knife covered in blood left next to the body couldn't possibly be the murder weapon.

But the blood on it was Robert's blood. Now, the investigators also found some fibers on the knife and the fibers did not match any of Robert's clothes. He was wearing a shirt when he was stabbed and the shirt had knife holes in it. So the murder weapon should have had fibers from his clothing. But instead, the fibers on this knife matched a towel like somebody had wiped the blade clean.

with a bloody towel to put Robert's blood on it and make it look like a murder weapon. That's what the evidence suggested, but as you're probably thinking, it made no sense. Why would anyone stage the scene and put blood on a knife so it would look like a murder weapon? How does this help the murderer? And if this blade didn't kill Robert, where is the one that did? Well, interestingly, during their search,

The police found a knife block that was stuffed in Dylan's closet. Dylan is the one who has his own bedroom, if you remember. Victor and Joseph share a bedroom. This knife block wasn't in the kitchen. It was tucked in the back of his closet, honestly, like someone had hidden it.

And this block was designed to hold three knives, but police found only two in it. The small knife that was missing wasn't anywhere in the house. It was missing from the knife block and the house. When the police asked the three men, hey, what happened to the small knife?

Dillon had an answer. He said his mother had given him the set with the knife block as a gift, but she'd kept the smallest blade for herself. Apparently, her present to her son was just a partial knife set. He's like, no, cops, listen, the knife is missing because I never owned it to begin with. And his mother actually later came forward to corroborate that story. She said,

She swore up and down, I kept the small knife this entire time. And this was all very important in light of Robert's autopsy results. Some investigators contacted the knife manufacturer and ordered an identical small blade from them. And the coroner ruled that this missing knife from Dylan's closet was a perfect match for Robert's injuries. And they also determined that Robert's killer had tried to suffocate him.

And then when that didn't kill Robert quickly enough, they stabbed him three times. One of those stab wounds had pierced his heart and that's what ultimately killed him. Now, also on Robert's autopsy, it's important to note that he didn't have any defensive wounds. This means he didn't fight back, even though none of the stab wounds would have killed him immediately.

Meaning the whole time that Robert was being choked and then stabbed, which could have been several minutes, he was just laying there without fighting back, without moving. This was consistent with the fact that there were no signs of a struggle in his room or the house.

So one early theory was that whoever had done this had tied him up and killed him. He couldn't fight back with his arms and legs because he was restrained. And interestingly, the police found a large amount of BDSM gear in Dylan's room. This included arm and leg restraints, chains, shackles, gags. But the medical examiner looked at all of Dylan's BDSM gear and compared it to Robert's body and nothing matched.

The equipment would have left marks on his skin if the killer had used it, but those telltale marks simply weren't there. The medical examiner ruled out all of Dylan's toys as potential murder tools, but the coroner did find something else though. Six puncture wounds that looked like injection sites from a needle.

Three of them were in Robert's chest, two were on his left foot, and one was on the back of his right hand. Which could mean that the reason Robert doesn't have defense wounds is because he had been paralyzed by something. Maybe that's why he didn't fight back. Except Robert's toxicology report came back clean. There was no sign of any drug in his system. So to summarize, let's all just get our heads wrapped around this.

Robert might have been tied up, but the police never found any ropes or gear that could have been used to restrain him. He also might have been injected with something, but his blood didn't have any indicators that he'd been drugged. On top of that, there was one more disturbing detail that came from this autopsy, if you can imagine it. The doctors recovered semen from

from inside Robert's rectum. But I do think it is important to note that according to all sources, Robert was straight. He never shown any sign of wanting to cheat on his wife. Everyone who knew him said he never would have consented to sleep with any of his three hosts, which suggested the murderer might have assaulted Robert. Except when the coroner tested the DNA, and you guys, I know this case can't get any stranger, but the coroner tests the DNA and

And it's Robert's semen. It's his own semen. So it was one more puzzle piece that just doesn't fit. None of the evidence in this case added up. It was very difficult to say exactly what had happened that night or who did it. Of course, the police thought that there were three men who knew the answers they were looking for. Victor, Dylan, and Joseph.

Well, when the trio realized that they were suspects, they obviously insisted they were innocent. They argued that the only reason the police were questioning them was because of bias.

This

This Valentine's Day, give the gift that'll keep them thinking of you and score huge site-wide savings at MeUndies.com/Spotify. That's MeUndies.com/Spotify. MeUndies, comfort from the outside in. During Joseph's interrogation, the police made several homophobic comments about him and his two partners. It also seemed possible that the investigators didn't approve of open relationships or throuples.

So from Joseph, Victor, and Dylan's perspectives, the police were treating them like suspects from the beginning, not because there was any solid evidence against them, but because the authorities didn't approve of their lifestyle.

And it's also worth mentioning that none of the men, not Joseph, Victor, or Dylan, had a clear motive to hurt Robert. The best theory that anyone could come up with was that the murder had something to do with the possible sexual assault. Essentially, someone raped Robert and then killed him to stop him from reporting the crime to the police. But would the attacker be so stupid as to assault and murder a guest in his own home with other witnesses around?

All three men insisted there was another explanation for this, an explanation that the police weren't even considering. And it was what they had said at the beginning. Robert was killed by a random home intruder.

You'll remember that's exactly what Victor said when he first called 911. From the very beginning, his story was that someone broke into the home and killed Robert. According to him and his partners, the night went like this. Robert got to their home at about 10.30 p.m. He was tired and wanted to go to sleep, but before he got ready for bed, he hung out with his hosts for a little and chatted. They didn't talk about anything important, just mutual friends, the weather, plans for home repairs, that sort of thing.

And then eventually the men showed Robert his room and the bathroom. He had never spent the night there before, so he didn't know his way around the house. Once Robert was ready to go to sleep, Dylan went to his room, took some medicine and read an article in Bed to Unwind and eventually he fell asleep.

In the meantime, Victor also fell asleep and Joseph was in bed with him, but still awake. According to them, Joseph was trying to relax in bed when he heard an alarm chime. It was the automatic noise that some home security systems make when someone's opened a door.

So Joseph knew someone had come in or gone out, but he didn't think anything of it at the time. He figured the downstairs tenant must have been getting home late. So he didn't get up until he heard some grunting and gasping, which sounded like someone was having a fight. It was actually loud enough to wake up Victor too. So that's when they both threw on their bathrobes and ran out into the hallway.

And the same thing was true for Dylan. The struggle had woke him up and he immediately got up and put on his bathrobe, which is why they all three were in them. Now, when Dylan stepped into the hallway, according to him, Robert was already dead. Joseph and Victor were already in his room. Like they'd just discovered the body a few seconds before Dylan walked in. So if you believe this story, a random stranger must have come in through the back door when one of the men accidentally left it unlocked.

This intruder went through the house, didn't take anything and crept into Robert's bedroom. There they poked Robert with needles, sexually assaulted him, suffocated him and murdered him. And the whole time, the only noise they made was that of grunting and heavy breathing.

And then the murderer cleaned everything up and got away during the brief time that the other three men were blinking awake, putting their robes on. Oh, and then also there was a scream that the neighbor heard at some point, but the three men in the house didn't. You may have already noticed this, but there are more problems with this theory. The first being, what is the intruder's motive? Why break in only to ignore a laptop, computer, a flat screen TV, phones, and other valuables that are sitting out?

Why head straight to the guest room instead and brutally attack Robert while leaving the other men alone? Then we have to ask how the killer had so much time to kill Robert and kind of clean everything up before any of the other men heard him and got out of bed. How did he stab Robert without getting any blood on the bed?

And then finally, we have to address the scream. How could Robert scream loud enough that he'd be audible in the next house over, but quiet enough for Joseph, Victor, and Dylan to not wake up? I have heard some speculation that maybe Robert didn't scream. Maybe one of the other men screamed when they saw the body. So the neighbor actually heard Joseph, Dylan, and Victor. Again, very possible. But then you have to wonder why they'd wait...

at least 19 minutes or more to call 911 after screaming and finding the body. And we should also talk about the practicality of someone breaking in through an unlocked back door. Their house had an eight foot tall fence around it. Any intruder would have needed to climb that fence to even get to the back door.

There's no other way past it. Still, even with all of these issues, the police checked the fence to see if there was any way someone could have gotten over it. It technically was possible to climb the barrier, except the fence was covered in dust and cobwebs. Honestly, it looked like no one had touched it in weeks. So that was enough for the investigators to conclude nobody had broke into the house that night through the back door.

And if the front door was locked, how did they get in without breaking it? Police believe the killer must have been one or more of the three men who lived there. They don't think anyone random came in that night. They believe it was one of the men who were sleeping right down the hall from Robert. And even though they didn't have enough evidence to charge any of the three residents with murder, they did take them to court for obstruction of justice, conspiracy, and tampering with evidence.

So the three went to trial for those charges in 2010, and the judge found all of them, Joseph, Victor, and Dylan, not guilty.

To be clear, she didn't reach that ruling because she thought they were innocent. She just did not think that anybody had proved beyond a reasonable doubt that they were lying or hiding evidence. She said the law says they have to be found not guilty, but there is still plenty of room for suspicion. And Robert's wife, Kathy, also thought that Joseph, Dylan, and Victor were hiding something. So the next year in 2011, she sued them for $20 million in a wrongful death suit.

Rather than risk going to trial again, the three men reached a settlement out of court. They never publicly announced the terms of that settlement though, so I don't know how much money, if any, that Kathy got from them. And this is going to be so disappointing. That lawsuit was the last time that any legal action was taken in Robert's case.

No one has ever been arrested or charged with his murder. I mentioned earlier that a major theme of this case was going to be waiting. It's a story where Joseph, Victor, and Dylan allegedly waited up to 49 minutes to call 911. A story where Kathy waited for her husband to return home from work, and he never did. And more importantly, a story where people are still waiting for answers, for justice, for justice.

Now, I think it's safe to say there is a lot of controversy surrounding this case. Some people do think Robert was killed by either Dylan, Victor, or Joseph, or by two or more of them working together. Others believe their story. They accept that Robert was the victim of a home invasion. And they say that the police failed to identify the real killer because they were so focused on the three residents as suspects. And it has been just under 19 years since the murder.

And to this day, Robert's loved ones are still doing the same thing they have been doing since the beginning.

and that is waiting. Let me know what you think in the comments. There really is no solid evidence in this case or even a solid theory. Everything we know about the crime does not make sense. And that is the very confusing and mysterious case of Robert Wan. Thank you guys so much for listening to this week's episode, and I will see you next time with another one. Goodbye.