Episode 227 - Occam’s Razor - The Murder of Ben Oxley
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This episode is brought to you by Progressive Insurance. Most of you listening right now are probably multitasking. Yep, while you're listening to me talk, you're probably also driving, cleaning, exercising, or maybe even doing grocery shopping. But if you're not in some kind of moving vehicle, there's something else you could be doing right now. Getting an auto quote from Progressive Insurance. It's easy, and you could save money by doing it right now on your phone.

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So just like your favorite podcast, Progressive will be with you 24-7, 365 days a year. So you're protected no matter what. Multitask right now. Quote your car insurance at Progressive.com to join over 28 million drivers who trust Progressive. Progressive Casualty Insurance Company & Affiliates. National average 12-month savings of $744 by new customers surveyed who saved with

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Tackle these situations in stride and of course be annoyed when an unplanned expense comes up, but not let it be something that slows me down. Right. As I did with repairing my credit, you know, hiring somebody to do credit repair for me. That was a gift that I gave myself that allowed me to then, you know, get my first apartment.

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On a chilly morning in February 2008, Ben Oxley slept in a dark silent bedroom in Minden, Nevada. When he went to bed that night, he couldn't have imagined that barely two hours later, a terrifying boom would shatter the peace of his home and gun smoke would choke the air.

When authorities arrived, Ben was dead, and there was only one person they knew for sure who'd been in the bedroom with him when he was gunned down. His wife Melissa covered him in Ben's blood. Join me now as we untangle the mystery of Ben Oxley's murder, a case involving twisted relationships and deadly devotion, culminating in the killing of a father and husband.

You'll also learn how sometimes the obvious answer is the reason a killer walks free. Chances are, if you're listening to this podcast, you're probably a true crime enthusiast. Maybe your interest started when you were young, picking up lured paperbacks your mom or dad left lying around the house.

Books that might have made your teachers do a double-take if they happened to catch the eight pages of shocking crime scene photos nestled into the well-worn center of the book. You might have gotten into it after getting off work one evening and finding some time to unwind before bed, firing up the TV and clicking on late-night shows about betrayal, violence, and murder to lull you to sleep.

Or maybe you got into true crime during the pandemic when we were all stuck at home, making another sourdough starter while listening to a podcast about murder. Whatever your origin story is, one thing anyone fascinated with true crime knows is that this particular interest is just like any other. There are always tropes that ring true.

Like, the killer was quiet and kept to himself, but always seemed nice. A normal guy. Or the victim would light up a room, and when in doubt, it's always the spouse. Come on, I know you're nodding your head yes right now, but there's a reason these tropes appear again and again. A killer has to act normal in order to avoid suspicion and get away with his crimes.

And because losing someone you love to murder really can feel like a light has gone out in your world. But when a feeling as strong as love can be twisted and deformed into equally strong feelings of obsession, rage and hatred, what's more likely?

A random, wrong place, wrong time tragedy? Or a loved one who stepped over the edge of sanity and into madness? Weapon in hand, ready to create chaos only matched by the chaos in their mind. But even when the simplest answer is the most likely answer, sometimes it's not quite as straightforward as it looks. In Minden, Nevada, things weren't always what they seemed.

At just under four square miles with a population of 3,500, it could seem like a small friendly place to settle in and raise a family. But a dark piece of history blasted the peace and quiet every evening. Beginning in 1917 and lasting over a century until 2023. You see, Minden was a sundown town.

The siren that went off at 6pm was a warning to the indigenous Washoe that if they weren't gone by 6:30, there'd be consequences. Although in the 70s, the sundown ordinance was repealed, that didn't stop the siren.

Even when a law passed in 2021 prohibiting the use of the sundown sirens, the town manager protested, saying the siren was to commemorate first responders. It wasn't until 2023, when another law passed, that the siren was silenced for good. It was a long-standing tradition.

One that could have been a benign part of most people's daily routine, which had a great darkness lurking below the surface. A darkness that was dangerous, even deadly, to the select targets. Not unlike a mild-mannered neighbor going about their day. A regular guy or gal you'd wave to from across your yard, safe for you, but dangerous and deadly for the target of their homicidal urges.

Benjamin and Melissa Oxley had been married two years by February 2008 and had been living in Minden. They were a blended family, raising Ben's six-year-old daughter from a previous relationship and sharing their home with Melissa's younger brother, 17-year-old high school senior Craig. The new marriage bloom hadn't worn off, and it seemed like everything was picture-perfect in the Oxley home.

Ben was from West Covina, California, but relocated to Hawaii when he was 10. Friendly and outgoing, he loved sports and the outdoors. Football, soccer, jet skiing and surfing. Activities that went hand in hand with the advantages of where he lived. In 1999, around the age of 27, he married Dawn, a divorced single mother his age. He'd met Dawn two years earlier, and together they had a daughter.

But the couple had a host of problems, including substance abuse, cheating and physical altercations. And while they were in the midst of their first separation, Don found out she was pregnant. Even still, they ended up going through a messy divorce in 2004. But it wasn't all bad news for Ben, because it was around that same time he met Melissa at her workplace.

As an air conditioning repairman, he was a regular customer at the supply store and spent a lot of time visiting Melissa, regularly asking her out, until one day she said yes. Ben was a single dad and had been granted custody of his daughter, which meant Don paid him child support, $250 a month.

On his first date with Melissa, Ben brought along his daughter, which must have gone well because two years later in September 2006, Ben and Melissa were married. Melissa happily took on her new role as stepmom to Ben's daughter, and together, the little family of three settled into their Minden home, preparing themselves for a long and happy future together.

But tragically, that future would be cut short on February 21st, 2008 at 3.30 in the morning.

Douglas County, 911. Address of your emergency. And what's going on there? Do you... You heard a gun noise and what? I heard a gun noise. I don't know if the person's gone here. I left out my friend's door.

After a loud booming noise, Melissa Oxley explained she'd been startled awake to find her husband, Ben Schott, right next to her in their bed.

It didn't necessarily mean someone had broken in. There was also another possible tragic explanation.

Did he shoot himself? No. Where's your husband at? Lay down. Lay down. I'm so sorry. Where's your husband at? He's in our room. He's laying next to me. Okay. Is he awake? No. He's dead. He's dead. So you think somebody came in and shot him? Yeah. Okay. While I'm talking to you, my partner is dispatching units out, okay? I know. Lay down.

It sounded like Melissa was talking to someone, and she was. Ben's six-year-old daughter, who'd been sleeping when her father was shot in his own bed. Okay.

Okay, and you said the front door is open?

Mm-hmm. And was the front door open when you went to bed? No. Is the front door normally unlocked? Yes. Did you hear any vehicles take off or anything? No, no. Okay, so when you woke up, you didn't see anybody running? You didn't hear anybody running? No. It took me a minute to register, like, to think of what's going on. Okay, how old is your husband? 36. 36? Do you have weapons in the house? No.

Um, yeah. My brother's room. Okay. What kind of weapons are typically in the house? I don't know. He has hunting guns. And I don't think they're normally in the house. I think they're normally in the garage. Has your husband been depressed at all lately or anything like that? No, not at all. We just got married not even a year ago. You just got married? Okay. The police are already on their way, okay? I'm going to keep you on the phone. What is your name? What's the oxygen?

When police arrived to the Oxley residence, their guns were drawn as they searched for a possible intruder. When they found Melissa, she was in a bedroom with Ben's daughter. Melissa was covered with blood. When they entered the main bedroom, they found Ben. He'd been shot in the head with a shotgun, and the bed was peppered with shotgun pellets.

When they finally came across Melissa's brother Craig, they found him in his bedroom, on the floor and huddled under blankets. 17-year-old Craig owned shotguns, which were found in the garage.

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It was obvious authorities had two immediate suspects in the murder of Ben Oxley: his wife Melissa, covered in her husband's blood, and her brother Craig, who seemed to have all the firepower necessary to do the damage that was done to Ben. Because the front door had been left unlocked, there was no sign of a break-in. But burglary had clearly not been the motive, since nothing of value had been taken from the house.

According to Melissa, whoever had shot Ben, had snuck in undetected, had let themselves in and hadn't made a sound, before gunning down Ben as the whole household slapped, and then leaving without any kind of a trace, except for the shotgun shell casings.

When Melissa was brought into the station to be questioned, she explained she'd fallen asleep on the couch that night and that Ben had woken her up around 2 a.m. to go to bed. She worked two jobs and was a sound sleeper, which is why that was the last thing she remembered before the boom of the shotgun.

Melissa explained she'd heard a noise after she'd gone to bed. Something downstairs. Maybe the cats knocking over dishes, but that she'd immediately fallen asleep again.

The next thing she knew, Ben was dead. But detectives weren't buying it. Although there was blood on Melissa, according to detectives, it wasn't the right kind of blood.

Another problem I'm having is, you're closed. There's a difference between when something lands on you and makes a mark and when there's a pool and you lay in something. Can you understand what I'm saying? It sucks. You're closed and everything have appearance of something that you laid in. He laid down into the blood as opposed to it being cast upon you. But Melissa had an explanation.

She'd knelt in the blood while she was checking on Ben, trying to shake him awake before realizing he'd been shot. But there was also another coincidence, one too obvious to ignore. The rounds that got him were rounds that were in the house. Same type of what looks to be number 8 birdshot shotgun rounds. But Melissa didn't use guns. That was her brother's thing.

Maybe Melissa wasn't the one who pulled the trigger after all. But that didn't mean she didn't know anything about it. Sometimes people's involvement goes beyond just... It doesn't mean you didn't pull the trigger, but sometimes people know more than they want to tell or share. For detectives, it was a strange situation. Why would someone murder someone when there were two people lying in the bed? Why leave one person behind who could possibly identify the killer?

But Melissa had a theory, one that involved Ben's ex-wife Dawn. Ben's divorce with Dawn had been messy, but had it really been enough to kill a man over? The father of her child? Why not take out his new wife too?

Why did they leave a witness right there who was facing them when they pulled the trigger? It didn't add up to detectives. There was only one reason they could think of to leave a witness behind. Why are they going to leave you there? Look at somebody that cares about you. Dawn doesn't care about you. Her boyfriend that she has doesn't care about you.

While detectives continued pressing, Melissa claimed that no matter how preposterous it all seemed, she knew nothing about her husband's murder. It's the worst feeling thinking that you're going to blame it for your husband. Just understand that I'm not blaming you. I'm asking you to help me solve the problems and the questions I have.

Detectives decided it was time to move on to Melissa's younger brother Craig, the young man living in the house, who also happened to own guns. Craig explained to detectives that he'd fallen asleep on the couch with Melissa that night. Melissa was known for falling asleep after dinner as soon as they put a movie on. Craig said he'd woken up around 1 in the morning and gone to bed, leaving Melissa still asleep on the couch.

The next thing he knew, there was a flashlight in his face and police in his bedroom. You think anybody would want to hurt Ben? Everybody likes him. I don't even... I really don't see anyone that would want to hurt him. Besides maybe his ex-wife, but that's like the only person that I could think of. There she was again. Dawn, Ben's ex-wife. But why would Dawn want to hurt Ben?

But it was Craig and Melissa they'd found in the house that morning with Ben's body, not Dawn. And Craig and Melissa were who they were focusing on. Because it's usually the simplest explanation that ends up being the correct explanation.

I'm gonna ask you bluntly, and I apologize for doing it, but I have to. You know, did you kill Ben? No, I did not. Okay. Would you be willing to take a polygraph? What's that? A polygraph is a... basically, it's a life detector. Oh, yeah, I'd take whatever. And I'm sorry. It looks like somebody shot him in the head. There's some tissue there. Can you...

Detectives kept butting up against the same old problem with Craig's story as they did with Melissa's. People don't go into someone's house undetected, blow somebody away. That doesn't happen. Unless it's a theft or they take out everybody else, why just him, you know? You know what it is? It's somebody he knows. It's somebody that's familiar with the house. Whenever we have a person that's murdered, we look at the family, spouse, and then we start taking the family out.

It seemed like detectives had reached an impasse with Melissa and Craig. They both remained committed to their stories, no matter how unbelievable they were. Now it was time to interview the last person in the house, Ben's six-year-old daughter. Ben's daughter told detectives she'd heard the front door creak that morning and saw a silhouette, but didn't know if it was a man or a woman.

She didn't wake up again until Melissa came into her bedroom, covered in blood. A six-year-old hearing mysterious noises and seeing shadowy figures in the night, the same night her father was murdered, didn't seem exactly plausible. So detectives turned their attention back to Melissa and Craig.

They explained to Melissa that Craig was the most obvious suspect, even though he didn't seem to have any kind of vendetta against Ben and had been living with them for a year and a half. Detectives suggested it could have been a thrill kill, but Melissa balked at the suggestion. So who could have done it then?

Melissa was emphatic about one point. She didn't want Ben's daughter to go back with her mother. She didn't want the six-year-old to live with Don because it was too dangerous there.

This episode is brought to you by Progressive Insurance. Most of you listening right now are probably multitasking. Yep, while you're listening to me talk, you're probably also driving, cleaning, exercising, or maybe even doing grocery shopping. But if you're not in some kind of moving vehicle, there's something else you could be doing right now. Getting an auto quote from Progressive Insurance. It's easy, and you could save money by doing it right now on your phone.

Drivers who save by switching to Progressive save nearly $750 on average. And auto customers qualify for an average of seven discounts. Discounts for having multiple vehicles on your policy, being a homeowner, and more.

So just like your favorite podcast, Progressive will be with you 24-7, 365 days a year. So you're protected no matter what. Multitask right now. Quote your car insurance at Progressive.com to join over 28 million drivers who trust Progressive. Progressive Casualty Insurance Company & Affiliates. National average 12-month savings of $744 by new customers surveyed who saved with

Progressive between June 2022 and May 2023. Potential savings will vary. Discounts not available in all states and situations.

Plug in a Hyundai EV and the extraordinary happens. It's not just the ultra-fast charging capability and long range in the Ioniq 5 and Ioniq 6, or the adventure-seeking spirit of the Kona Electric, or the groundbreaking 601 horsepower Ioniq 5N. And it's not just the comfort in knowing that every Hyundai EV is backed by a 10-year, 100,000-mile limited electric battery warranty.

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And now it was finally time for detectives to speak to the often mentioned but unknown Dawn, who lived only about 20 minutes away from Ben and Melissa. But when they showed up to talk to her about Ben's murder, she seemed just as shocked as Melissa had been. I watch this stuff on TV. This is not me. This is not my life.

When detectives asked Dawn what she'd been up to on the night of Ben's murder, she told them she went to work at 4 p.m. and left at 8.30 p.m. She then had half a dozen drinks before going to bed sometime after 4 a.m. Did you go straight home? Yeah. Did you stop anywhere? Um...

The troubled 21-year-old with a felonious past had started spending time at Don's house in late 2007 after getting out of prison.

And while James may have slept in her bedroom, she emphatically denied sleeping with her best friend's son. But it wasn't her relationship with James detectives were interested in. It was her relationship with Ben.

Tell me about Ben. What's your relationship like? I really tried to avoid him at all. How long have you guys been divorced? Since '04. How long were you married? I got together with him in '97. We married in '99. We got divorced in '04 and '07.

According to Dawn, this is how Ben felt about her. He hates me. The man hates me. He hates me for asking him for the divorce. He hates me for leaving him. He hates me for everything. He got remarried to Melissa, and that's who takes care of my daughter.

Don claimed she was fine with Melissa taking care of her daughter, but it still hurt her to hear her daughter call Melissa "mom". And how did Ben wind up with custody? We went to court and I didn't get my day in court. I didn't get it. They hurt him all day and the judge said he didn't have time. We're out of time. We're not going to pay them for overtime. Sure, Don was angry with Ben.

He got custody, she had to pay him child support, and they'd had a bitter marriage. But was that reason enough for cold-blooded murder? Detectives asked if Dawn had any clue who would want her Ben.

Don was clearly feeling the same fear as Melissa.

If you think I'm like a suspect of something or if I did something, just tell me please. We had the same conversation with Melissa, with Craig, with all the friends already, everyone. Believe me, I will tell you, if I thought you did this, you wouldn't talk to me. You wouldn't be here right now. You'd be gone. You'd tell me to F off. You wouldn't be here cooperating and sure enough talking to us, giving me consent to search your house, consent to have us take GSR off your hands.

Detectives circled back to the money situation and the disparity between what Don made and what Ben made. I don't know if that's what he claims or not, but I know he has to make plenty of money. And that makes me mad that I have to pay him to have my daughter, who I gave birth to, when he makes triple the amount of money I make. Yes, I made me mad. Okay. Yes, he does. Not mad enough to kill, though. No.

The facts of the situation seemed completely unbelievable to Dawn.

Did you ever talk to anybody about that, though? No.

Never joke when we made plans one night drinking and say, you know, this is what I would love to do and just sit there and bullshit with a girlfriend or James or someone. No, you can even look at my kids and ask them, who would your mom love to just disappear? They'd tell you him. My kids hate him with every second of their body.

But Dawn claimed she had no idea who'd actually want to murder Ben. So detectives allowed her to watch her daughter while they conducted Melissa's second interrogation. You think...

The problems that Ben had with Dawn, do you think she's mad enough at him to do this? To make that leap from... And if not her, she would have to find someone. She knows enough bad people. She was so mad. So mad. What would be her reason in your mind? Well, when I first met Ben, I've always heard from Scott and Cindy, I hate her. Or hated them. And always, he was going to get out and kill them.

Dawn's daughter used to spend time with Ben and Melissa, but it turned out she wasn't a good fit for their home. And eventually, they couldn't take her any longer. Something Dawn didn't appreciate, because she had her hands full as it was, as a single parent. I do know that Dawn despises Ben. Despises that we want. She's a very self-centered person. And she's the only one that I can think that would have a reason to kill him.

Detectives dropped one last bombshell on Melissa before they finished their interrogation. While Ben's daughter could stay with her for the time being, Dawn would eventually be able to go to court and try to get custody back of her daughter. Before wrapping up their conversation with Dawn, she had one last piece of information to add for detectives, which she probably should have mentioned from the beginning.

While she'd been at home all night before Ben's murder, her friend, James, had gone out for cigarettes early that morning. But they couldn't ask James because he refused to speak with police. Things had gotten decidedly more complicated, and it would only get worse. As detectives continued putting their case together, Melissa and her brother, Craig, both passed their polygraph tests.

Melissa, Craig, and Don all passed the gunshot residue tests as well, but neither Don nor James agreed to take a polygraph. In the meantime, Don regained custody of her and Ben's daughter, and authorities continued monitoring Melissa's movements. They needed to find a motive to point them in the right direction.

In the months since Ben's death, Melissa was awarded $400,000 from his life insurance policy. And she'd also started dating. Was this the smoking gun detectives needed? Or was Don the more obvious suspect? With Ben's death, she'd gotten what she wanted. Her daughter back and no child support payments. But a motive wasn't enough to prove anything. They needed evidence.

It wasn't until detectives found 7/11 surveillance footage to corroborate Don's story of James going out to buy cigarettes the night of the murder that they knew they had something. Here was a young man with a rap sheet and prison time under his belt, all by the tender age of 21. And now here they had proof that he'd gone out the night of the murder. And it wasn't exactly like Don and James had been truthful about their "friendship".

After six months of surveilling them both, including listening in on their phone calls, it was clear that Dawn and her best friend's son, 15 years her junior, were sleeping together. But it wasn't illegal.

What was illegal was the fact that James failed to properly register as a felon since he was on parole for grand theft of a motor vehicle, providing police with the perfect excuse to bring him in and apply some pressure.

It wasn't looking like James was going to be the key to help unlock the mystery behind Ben's murder. And detectives were back to square one.

Even when Dawn drunkenly wandered into the station to talk to detectives, all she did was emphasize what she'd previously told them. She might not have liked Ben, but she didn't want to kill him. But in November 2009, a bombshell would rock the entire case.

This episode is brought to you by Progressive Insurance. Most of you listening right now are probably multitasking. Yep, while you're listening to me talk, you're probably also driving, cleaning, exercising, or maybe even doing grocery shopping. But if you're not in some kind of moving vehicle, there's something else you could be doing right now. Getting an auto quote from Progressive Insurance.

It's easy, and you can save money by doing it right now on your phone. Drivers who save by switching to Progressive save nearly $750 on average. And auto customers qualify for an average of seven discounts. Discounts for having multiple vehicles on your policy, being a homeowner, and more.

So just like your favorite podcast, Progressive will be with you 24-7, 365 days a year. So you're protected no matter what. Multitask right now. Quote your car insurance at Progressive.com to join over 28 million drivers who trust Progressive. Progressive Casualty Insurance Company and Affiliates. National average 12-month savings of $744 by new customers surveyed who saved with

Progressive between June 2022 and May 2023. Potential savings will vary. Discounts not available in all states and situations.

Plug in a Hyundai EV and the extraordinary happens. It's not just the ultra-fast charging capability and long range in the Ioniq 5 and Ioniq 6, or the adventure-seeking spirit of the Kona Electric, or the groundbreaking 601 horsepower Ioniq 5N. And it's not just the comfort in knowing that every Hyundai EV is backed by a 10-year, 100,000-mile limited electric battery warranty.

Hyundai's EVs transform a low hum into a loud adventure. They bring color to your journey and turn energy into main character energy. So forget everything you thought you knew about EVs and turn the extraordinary into something truly electrifying.

There's joy in every journey.

Dawn was arrested for probation violation regarding a DUI, and after giving her two weeks to stew, it was time for an interview. It might not have worked when they brought James in, but maybe the tactic would work on Dawn, and boy did it ever.

This time, Dawn suddenly had plenty of information to share, revealing that on the night of Ben's murder, James had talked about how he could deal with Ben, and that his trip to 7-Eleven in those early morning hours were more eventful than she'd originally made out.

I know he went to his mother's house. Okay, I found out later he went to his mom's house because his mom asked me like a couple days later or told me she was kind of freaked out because he showed up at her house and he asked her to borrow her car and he took her keys. The keys to the shed where they kept the guns were on her keychain.

She asked if she could keep those there because he was on parole and he was living with her. After he left the house, I fell asleep on the couch. All the lights in the house were on. I was sitting up and I kind of just kind of, I was out. I don't even know how long it was. And then he came back because when he came in, he woke me up and said, it's done. I can't remember if he said like I shopped in or...

According to Dawn, James then had her follow him to his mother's house so he could drop off his truck and gun case. They then returned to Dawn's house in her vehicle, parking it in the garage. He instructed her that they had to go in and lie down before police arrived.

Dawn also said James had told her he'd taken a trip to Walmart to buy shoes, tape, gloves and shotgun shells. He said before shooting Ben, he whispered, "This is for a line about Dawn." And just like that, authorities finally had a credible suspect in the murder of Ben Oxley. We know you didn't do this. We know you didn't do this. I believe you with my whole heart you didn't do this.

But why hadn't Dawn revealed any of this back in February 2008? Because, she said, she was scared. She was thinking about her daughter and simply couldn't believe James had done it. Regardless, it was the breakthrough detectives needed to finally bring Ben's killer to justice.

In order to get Dawn to agree to testify against her young lover, the DA offered her immunity. And on June 9th, 2010, James was arrested for first-degree murder and conspiracy to commit murder. It was now time for his side of the story. This has been eating at me for three years. You okay? No. I haven't been okay for a long time.

On the night of the murder, James was drinking with Dawn and her son. Then Dawn looked at me and said, "If anybody would I want to fall to face the earth?" I said, "Ben." I said, "I'll take care of Ben." She said, "I don't want you to take care of Ben, I want you to kill Ben." I said, "You want me to kill Ben?" She said, "Yes." I said, "Okay." Then we got into conversation/argument about how much my family owed her.

Because while I was in prison, my mom lived with her, and I was calling Don's house while I was in prison. According to James, the conversation only escalated from there. He said Don then drew James a diagram of Ben and Melissa's home, telling him about their dog's guns and alarms. He said she'd also given him a route to their house and her bank carts for supplies before leaving together.

We took my truck to Walmart. At Walmart I bought the shotgun shells, I bought shoes, I bought rubber gloves, I bought paper towels, I bought duct tape. Got back to the car, done, and took some more shots. Loaded the gun, wiped the gun down, wiped the box down, wiped all the shells down that we had touched, wiped everything down, put the shoes on. We drove to Ben's house because we had left the diagram on the computer table at the house.

On the way to Walmart, James claimed that Don asked him to kill Melissa as well, and he agreed. He then said when they finally got to Ben's house, James and Don entered together. As James was walking down the hallway, almost to Ben and Melissa's bedroom, he said he turned and realized that Don wasn't following him anymore.

"What are you doing?" James whispered when he found her standing in front of her daughter's bedroom. Dawn replied she was going to take her daughter. James told her they couldn't because she'd know it was them. So James sent Dawn out to the truck to wait in the driver's seat. I go into Ben's bedroom and I'm standing there and my eyes are adjusting. I'm standing there in a prone position. I'm standing there aiming this gun at his head.

and things are going through my mind. Like, what am I doing? I'm sobering up really fast. Like, hours ago I was drinking and here I am with a gun in the back of somebody's head. Unfortunately, that moment of clarity wasn't enough. I don't know how long I was in this, I don't know how long I was staying there. Something, I don't know if it was an alarm clock or I don't know if it was somebody moving in the house or what it was.

There was no time to whisper in his ear and he didn't have the stomach to kill Melissa, so they fled. James said he and Don then made a quick getaway, pulling off the road so James could change his shoes back to his old ones.

He said he also put the gun on the side of the road, the shells and everything they'd purchased next to a fence along the road, and then pushed brush over it. Then they dropped off James' truck and picked up Dawn's Explorer so they could go back to Dawn's house to wait for police to arrive. With the sad and not unexpected news of Ben's death, and the diagram that Dawn had drawn for James, the one they'd forgotten at their house when they went to murder Ben,

It was left on the computer disk and I completely forgot about it and he had to misdemean it in search. As for the gun, James decided on an interesting method of disposal. So the shotgun, so as to this day, is everything still there? No. The shotgun was grinded up and thrown in the police department dumpster. Interesting case. I used a grinder and threw it in the police department dumpster. In which police department dumpster? One of the back...

Then James pointed behind him, presumably to the dumpster at that very detachment he was sitting in, confessing the murder. Detectives had one last question for James. Why talk about Don in this? Why bring Don into this when you're doing an upstanding thing by standing there and saying, this is what I did?

Although James had told authorities Dawn was far more involved in Ben's murder than she'd let on, and although her own son told authorities he'd heard her telling James she wanted Ben dead, she still had immunity.

But that immunity didn't prevent Dawn from being arrested in March 2011. She'd involved her daughter, who was only 15 years old, in a multitude of drug deals. Though her sentence was only 90 months, her release was three years later, in 2014.

On December 6th, 2011, James entered a plea agreement, pleading guilty to both first-degree murder with a deadly weapon and the conspiracy charge. In exchange, the state would recommend life without the possibility of parole after 20 years, plus a consecutive term of 10 years for the conspiracy charge. He just had to tell the truth.

But a recommendation isn't a judgment, and the judge sentenced James to life without parole in March of 2012. Dawn was never charged with any crimes relating to Ben's death, and rumors of her whereabouts range from living under a new identity in Las Vegas to her death in 2022 at the age of 50.

Ultimately, Dawn has disappeared without ever taking any responsibility of her ex-husband's death.

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There's joy in every journey. EPA estimated 303 mile driving range for 2024 IONIQ 5SE SEL limited rear wheel drive and 361 mile driving range for 2024 IONIQ 6SE long range rear wheel drive with fully charged battery. Estimated range varies for other models and trims and depends on battery capacity, temperature options, and other factors. Limited battery warranty covers defects and materials for 10 years or 100,000 miles, whichever occurs first. See owner's manual for complete warranty details and limitations. Visit HyundaiUSA.com or call 562-314-4603 for more details. Melissa was awarded custody of Ben's daughter and eventually Dawn's other daughter,

And although they never had any sense of closure when it came to Dawn's involvement in Ben's murder, their daughter did take the step of offering forgiveness to James Matling. The man who pulled the trigger and ended Ben Oxley's life, Ben's daughter not only offered James forgiveness, but told him to have hope.

The man who killed her dad was also her mother's boyfriend and a man she lived with during the investigation into Ben's murder when Don won custody. It was compassion under the most brutal circumstances. Sometimes, the most simplest answer isn't always the correct one. Sometimes, things are more complicated.

And although not everyone gets what they deserve, whether it be good or bad, justice comes in many forms. The man who pulled the trigger and murdered Ben Oxley is in jail for the rest of his life. And the woman who would do whatever it took to get rid of her problems once and for all has lost her daughters, her name, and possibly her life. And Ben's daughter is now being raised by the woman he loved.

just as he planned. Follow the Minds of Madness on Apple Podcasts, Amazon Music, Spotify, or wherever you get your podcasts. To support the show and get access to ad-free episodes, extra content, and Patreon-exclusive episodes, go to patreon.com slash madnesspod. To find us on Instagram and Facebook, search The Minds of Madness. And on Twitter using the handle

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