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Case # 1 : Two Horse Slay

Not Just A True Crime Story

It began on a sunny afternoon in May 2004 in Waller, Texas—a rural town dotted with bluebonnets and ranches. Nancy Merck, a vibrant 58-year-old horsewoman, was discovered dead in a stall, her clothing slit, her throat slashed.

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Synopsis

On May 28, 2004, a sun-drenched Friday morning in Waller, Texas, a rural town dotted with bluebonnets and ranches, Nancy Merck, a vibrant 58-year-old, arrived at the Morning View Ranch to groom her horse, Whiskey. Hours later Nancy was found dead on the stall floor, her throat slashed and clothing slit. At the scene, local law enforcement concluded that her beloved horse delivered a fatal kick, however, the mortician wasn’t convinced. An autopsy was ordered, and the forensic pathologist’s ruling was unequivocal: homicide. But law enforcement ignored her determination and told Nancy’s family the horse was to blame. Was the “crazy blonde” pathologist truly crazy? Eight months later the chilling truth would be exposed.

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Synopsis

Nancy Merck, a vibrant 58-year-old, arrived at the Morning View Ranch in Waller, Texas to groom her horse, Whiskey. Hours later she was found dead on the blood-soaked stall floor, gaping wounds to her neck.

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Synopsis

Board certified forensic pathologist Dr. Patricia Moore performed Nancy Merck’s autopsy, ruling her death a homicide , but the Waller County Sheriff’s detective insisted the horse was to blame. Was the “crazy blonde” pathologist, as she was referred to, truly crazy?

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Synopsis

The Waller County Sheriff’s Office called in the Texas Rangers, but neither agency submitted Nancy’s sexual assault kit for testing. Would the failures by law enforcement lead to tragedy? It would not take long to find out.

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Synopsis

Eight months after Nancy Merck’s death, a chilling 911 call was made from a ranch just 30 miles southeast of Waller . Another horsewoman, Deborah Kay , was found dead, her throat slashed . A stunning confession and an abundance of evidence culminates in the sentencing of Deborah’s killer .

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In 2010 , just five years into his prison sentence, Deborah’s killer made a brazen escape. In 2015, eleven years after Nancy Merck died, her sexual assault kit was finally sent for testing. What would the kit reveal?

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Testing of Nancy Merck’s sexual assault kit exposed a link to a killer, but is it enough? The DNA results , along with legal challenges , could prevent Nancy Merck’s family from ever obtaining justice.

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Synopsis

A killer remains at large—the only inmate in Texas history to successfully evade recapture. Why hasn’t he been apprehended? And has he killed again?

Clues

Investigate The Evidence

Case #1: Clue 1

Nancy Merck

These photos of Nancy Merck (1946-2004) were provided by her husband Wayne Wilner, several from their wedding in 2000.

Case #1: Clue 2

The Morning View Ranch

Photos of the Morning View Ranch, Waller Co., TX, where Nancy Merck was found dead, her throat slashed.

Case #1: Clue 3

Inquest Form

The Inquest Form regarding the death of Nancy Merck signed by Justice of the Peace DeWayne Charleston. “Deceased was found in small stall with horse.”

Note: Personally identifiable information redacted for publishing. 

Click or tap below to view fullscreen

Case #1: Clue 4

Autopsy Report: Nancy Merck

The Autopsy Report on the body of Nancy Merck – Southeast Texas Forensic Center, Dr. Patricia Moore – May 29, 2004

Manner of Death: Homicide

Note: Personally identifiable information redacted for publishing. 

Case #1: Clue 5

Nancy Merck Death Certificate

The Death Certificate of Nancy Merck signed by Justice of the Peace Dewayne Charleston. The cause of death “sharp force injuries of the neck”, with the injuries occurring by “trample/kicked by horse(s)”

Note: Personally identifiable information redacted for publishing. 

Click or tap below to enlarge

Case #1: Clue 6

Horseshoe With Clips

Some horseshoes have clips which are essentially triangular metal tabs about an inch and a half tall on the front surface of the hoof, but they don’t stick out away from the shoe or the hoof.

Doctor Moore made it clear, given the depth, length, and sharpness of Nancy’s wounds, they were not caused by a horse’s hoof, regardless of the type of shoe. 

Stock Image for Illustrative Purposes

Case #1: Clue 7

911 Call: 1/30/2005

Click on the image to listen to the heart wrenching audio of the 911 Call from the home of Deborah Gail Kay the morning of January 30, 2005 in Harris Co., TX

Content Advisory: The following is an unedited 9-minute 9-1-1 call related to the Deborah Kay homicide. The audio may be distressing to some listeners.

Note: Personally identifiable information has been redacted from this recording.

Case #1: Clue 8

Deborah Gail Kay

Photos of Deborah Gail Kay 1955-2005

Case #1: Clue 9

Crime Scene Photos

Taken January 30, 2005: bloody footprints inside home, ranch-hand’s trailer, blood transfer object, bloody footwear, and the murder weapon.

Case #1: Clue 10

Jose Fernando Bustos Diaz

Photos of Jose Fernando Bustos Diaz at the scene of Deborah Gail Kay’s death and in custody.

Case #1: Clue 12

HCSO Detail Report

The Harris County Sheriff’s Office detectives detailed report on the investigation of the death of Deborah Gail Kay.

Case #1: Clue 13

Deborah Gail Kay Autopsy Report

Eerily similar to Nancy Merck’s; stabs to the body, defensive wounds on hands and fatal deep cut neck wounds.

Case #1: Clue 14

Intention to Use Evidence of Prior Offenses

Harris County District Attorney’s office intended to state that Bustos Diaz was responsible for the murder of Nancy Merck

Case #1: Clue 15

Dolph Briscoe Unit

The minimum to medium security prison where Jose Fernando Bustos Diaz was confined for 5 years before his escape. The Dolph Briscoe Unit is about 70 miles Southwest of San Antonio. 

Photo: Texas Department of Criminal Justice

Map/Arial View: USGS Earth Explorer

Case #1: Clue 16

Chain of Custody Form

Montgomery County Forensic Services Chain of Custody form for Nancy Merck’s sexual assault evidence. It includes blood drawn, as well as body fluid swabs.

 

(Click or tap the image below to view full screen)

Case #1: Clue 17

Texas DPS Most Wanted

On January 30, 2005, Jose Fernando BUSTOS-DIAZ was working as a ranch hand at The Oaks of Kendalwood stables in northwest Harris County when he committed a homicide. He pleaded guilty to Murder and received a 35-year sentence in TDCJ prison.

On April 6, 2010, BUSTOS-DIAZ escaped from the TDCJ Briscoe Unit in Dilley, Texas, located in Frio County approximately 70 miles southwest of San Antonio. On the same day, TDCJ and the Frio County Sheriff’s Office both issued warrants for his arrest for Escape

(Click or tap the image below to view full screen)

Case #1: Clue 17

TX Family Code 54.02

The Texas Family Code – Juvenile Justice Code- Waiver of Jurisdiction and Discretionary Transfer to Criminal Court explains the legal procedure that needed to be taken. To prosecute Bustos-Diaz for Nancy’s murder, the Waller County DA’s office should have filed a petition in Waller County before he turned 18, but they did not

(Click or tap the image below to view full screen)

Case #1: Clue 19

Waller County DA Storage

Waller County District Attorney’s Office file storage

Case #1: Clue 20

US Marshalls Most Wanted

On April 13, 2010, the U.S. Marshals Service issued a warrant for Unlawful Flight to Avoid Prosecution. Bustos-Diaz is wanted for escape from the Texas Department of Criminal Justice. He was serving a 35 year term of incarceration after being convicted of murder.

He is also the prime suspect in a second murder.

BUSTOS-DIAZ is believed to have fled to Mexico. Considered armed and dangerous, he remains at large.

For more information or to submit a tip visit: https://www.usmarshals.gov/

(Click or tap below to view wanted poster full screen)
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