Dateline   |  April 19, 2014

Two Shots Fired, part 4

A new investigation begins and a surprising new witness turns up. Jeremy finds himself on the hot seat when an investigator questions him about the night of Michelle’s death.

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This content comes from Closed Captioning that was broadcast along with this program.

>>> it was march of 2011 . rusty rogers , the agent from the florida department of law enforcement , had been reinvestigating michelle 's death for about a month when he asked to meet with her brother scott . but when they met, according to scott , rogers threw him off balance with an odd question.

>> he asked do i carry a firearm off duty? i said i'm supposed to but i don't. i said i'm always have a firearm and you do too.

>> what's this message about?

>> this is the first time he tells me jeremy is a homicide spec. i don't trust that jeremy banks and you need to protect your family.

>> from that point on, scott says, agent rogers began passing on his findings. he told scott he had hired an outside expert to reconstruct the shooting scene. that expert cast serious doubt on the sheriff's original investigation. for instance, when the expert test fired jeremy 's gun, he concluded that the location of the shell casings , michelle would have had to use her left hand . she's right-handed. if she had done that, there should have been blood on her left sleeve. he found none. the lack of jeremy 's dna on the gun was suspicious because it was his duty weapon. that suggested the gun may have been cleaned. why had tests shown just a tiny amount of gunshot residue on jeremy even though he said he had broken into the bedroom immediately after the shots were fired? had he cleaned himself off too? investigators talked to deputy debra maynard, one of the first officers to arrive on the scene that night. she told them something she remembered that wasn't in her original report.

>>> you noticed something else and you thought you smelled what, soap?

>> you know, and i did. it came to me sometime afterwards. i was like, you know what, jeremy smelled like he had taken a shower.

>> even before rogers finished his investigation, the agent painted a horrifying picture of how his sister's life had most likely ended at the hands of jeremy banks.

>> he told me that michelle and him were breaking up, that he was mad that michelle was leaving him, that he cornered her in the bedroom and he fired off a warning shot to terrify her and she screamed for life.

>> he gave you a vivid picture of your sister on her knees.

>> her tongue placement was up and suicide's is down. tongue up indicated that she was screaming for her life.

>> rogers gave scott his investigative bottom line.

>> this has nothing that leans towards suicide and has everything that leads him to believe it's homicide.

>> rogers had even more evidence. new witnesses who were brought to his attention by michelle 's friend sierra, the blogger.

>> you could tell it was stress. they were definitely arguing.

>> on the night michelle died, stacy boswell and a neighbor were standing in a driveway one block over from jeremy 's house but still a distance of hundreds of yards.

>> there was arguing, then there was a yell for help and there was a gunshot and another yell for help and then another gunshot.

>> the neighbors' story matched up with the fact that two shots had been fired from jeremy 's gun. that made them apparent ear witnesses to a homicide and not a suicide. now, about three months into his review, rogers was finally ready to confront the target of his investigation. jeremy banks. he agreed, no conditions, to go talk to him?

>> uh-huh.

>> his words were, let's put this thing to bed.

>> you okay man?

>> i feel all right.

>> listen to the tone of this interrogation and it's clear the case was not being put to bed that day.

>> not riding your motorcycle?

>> jeremy retold the story he offered in the first investigation by the sheriff's office. how he perched on his motorcycle in the garage, heard two shots, broke down the bedroom door only to find michelle dying from a self-inflicted gunshot wound .

>> we're getting some of the test results back and some of the results raise more questions.

>> i started realizing that he was turning it and it started to get uncomfortable.

>> rogers began to lay out the puzzle like the fact that michelle was gathering her things, leaving jeremy that night.

>> there are questions that come up in my mind, why would she pack if she's going to kill herself?

>> he asked why the gun was found near michelle 's left hand since she was right-handed, the semiautomatic should have come to rest on her right side. it didn't. it was found leaning against the deputy's holster.

>> the experts agree that the handgun was placed or staged in the depiction. it's not magic or voodoo. it couldn't be the way the pictures say it is because it's ass backwards.

>> do you think you need a lawyer there?

>> no. i sat there dead quiet.

>> did you wash your hands, take a shower?

>> no.

>> wash up?

>> no.

>> i can tell you that the gunshot residue results from the lab suggest that you washed your hands and that you should have had more gunshot residue on you than you did that day.

>> when i realized there was things i couldn't explain when he was asking questions that i didn't have answers to, i didn't know what to do.

>> rogers then went over the location of those gun shell casings suggesting that where they came to rest indicated the left-handed deputy and not his right-handed girlfriend had pulled the trigger.

>> you're a left-handed shooter. you figured it out. you're no dummy. if you had put the gun in your mouth or fighting over the gun or whatever happened in that room and kicked the shells into the right corner where the shells were found, that's consistent with our testing.

>> seeing where the interrogation had headed, jeremy now asked for a lawyer.

>> should i have a lawyer here?

>> that's up to you.

>> the interview with rogers abruptly stopped.

>> we're done. i can't show you this stuff anymore. you're not going to get another chance to see this stuff unless we end up in court.

>> the vultures seemed to be circling over jeremy and he knew it.

>> did you know that the fdle conclusion goes something like that. it is more likely that this was a homicide than a suicide. you think there are grounds here to at least go for manslaughter?

>> i put the pieces together that's what they were looking at.

>> if the case went to a jury, jeremy banks could be looking at life in prison .