Zeke Foreman had been living with his mother near the small town of Milton, Florida, not far from Pensacola. The FBI watched his house for two days but saw no sign of him or his 1998 Nissan. His parole officer said he was due for their monthly checkup on October 4, and he had never missed a meeting. To do so could lead to a revocation and a return to prison. Foreman worked odd jobs and had managed to stay out of trouble for the past thirteen months.
Sure enough, on the fourth Foreman walked into the Probation Office in downtown Pensacola and said hello to his parole officer. When asked where he’d been, he offered a well-rehearsed story of driving a truck for a friend down to Miami. Sit tight, the parole officer said, there are a couple of guys who’d like to say hello. He opened the door, and Agents Allie Pacheco and Doug Hahn walked in and introduced themselves. The parole officer left the room.
“What’s this all about?” asked Foreman, already flinching at the sudden appearance of the FBI.
Neither agent sat down. Pacheco said, “Back on August 22, a Monday, you were on the Tappacola Indian reservation around midnight. What were you doing there?”
Foreman tried his best to appear surprised, though he looked like he was about to faint. He shrugged, gave a dumb look, and said, “Not sure what you’re talking about.”
“You know exactly what we’re talking about. You were driving a stolen truck and it was involved in an accident. You fled the scene. Recall any of this?”
“You got the wrong guy.”
“Is that the best you can do?” Pacheco nodded to Hahn, who whipped out a set of handcuffs. Pacheco said, “Stand up. You’re under arrest for capital murder.”
“You gotta be kidding.”
“Oh sure, this is just a comedy routine. Stand up and put your hands behind your back.” They handcuffed him, searched him, took his cell phone, and led him out of the office and through a side exit of the building. They put him in the rear seat of their car and drove four blocks to the offices of the FBI. No one said a word during the drive.
Inside their building, they walked him to an elevator that stopped on the sixth floor. They went through a maze of hallways and entered a small conference room. A young lawyer was waiting, and with a smile she said, “Mr. Foreman, I’m Rebecca Webb, Assistant U.S. Attorney. Please have a seat.”
Agent Hahn removed the handcuffs and said, “You might be here for a while.” He gently pressed Foreman into a chair, and everyone sat down.
“What’s going on?” Foreman asked. Though he was only twenty-three, he did not project the airs of a frightened kid. He’d had time to collect himself and was a tough guy again. He’d been around, had long hair, hard features, and a full collection of cheap prison tattoos.
Pacheco read him his Miranda rights and handed over a form with the same words in writing. Foreman read it slowly, then signed at the bottom acknowledging his understanding of what was happening. He had been through this before.
Pacheco said, “You’re facing federal capital murder charges, the death penalty, lethal injection, and all that jazz.”
“So who’d I kill?”
“Guy named Hugo Hatch, the passenger in the other car, but we’re not going to argue about that. We know you were on the reservation that night, driving a stolen truck, a big Dodge Ram, and we know you deliberately crossed the center line and struck a Toyota Prius. You hung around awhile, you and the driver of your getaway truck, and the two of you removed two cell phones and an iPad from the Prius. We know that for a fact so it’s not debatable.”
Foreman kept his composure and revealed nothing.
Pacheco continued, “Fifteen minutes after you fled the scene, you and your pal stopped at a country store and bought ice, beer, and rubbing alcohol. This ring a bell?”
“No.”
“Didn’t think so.” From a file, Pacheco removed a photo from Frog’s video and slid it over to Foreman. “I guess that’s not you, with the busted nose.”
Foreman looked at it and shook his head. “I guess I need a lawyer.”
“We’ll get you one, in a minute. First, though, let me explain that this is not what you might call one of our typical interrogations. We’re not here to grill you about your involvement, because we know what happened. Deny all you want to, we don’t care. We’ve got the proof and we’ll be happy to see you at trial. I’ll let Ms. Webb enlighten you as to why we’re really here.”
Foreman refused to look at her. She stared at him and said, “We have a deal for you, Zeke. And a sweet one it is. We know you didn’t steal the truck yourself, and for some reason drive to the back side of the reservation, and cause a wreck, and flee the scene, and leave a man dying, all for the sheer adventure of it. We know you were working for some other people, some serious and sophisticated criminals. They probably paid you with a nice wad of cash, then told you to leave town for a spell. Maybe you’ve done other dirty work for them. Whatever. We’re only concerned with the murder, and the men who planned it. We’re after bigger crooks, here, Zeke, and you’re just a bit player. A murderer, yes, but a small fish as far as we’re concerned.”
“What kind of deal?” he asked, looking at her.
“The deal of, literally, a lifetime. You talk and you walk. You tell us everything you know, you name names, give us phone numbers, histories, everything, and we’ll eventually dismiss the charges. We’ll place you in witness protection, set you up in a nice apartment far away, some place like California, give you a new name, new papers, new job, new life. Your past will be forgotten and you’ll be as free as a bird. Otherwise, you’re headed for death row, where you’ll rot away for ten, maybe fifteen years until your appeals run out and you get the needle.”
His shoulders finally sagged as his chin dropped.
Webb continued, “And the deal is good for now, and now only. If you say no and leave this room, you’ll never take another breath as a free man.”
“I think I need a lawyer.”
“Okay, for your last conviction you were represented by a court-appointed lawyer named Parker Logan. Remember him?”
“Yes.”
“Were you pleased with his services?”
“I guess so.”
“He’s waiting downstairs. You want to talk to him?”
“Uh, sure.”
Hahn left the room and returned minutes later with Parker Logan, a veteran of the indigent grind in Pensacola. Quick introductions were made around the table, and Logan shook hands with his former client. He sat next to Foreman and said, “Okay, what’s up?”
Webb pulled some papers out of a file and said, “The magistrate has appointed you to represent Mr. Foreman. Here’s the paperwork, along with the indictment.” Logan took the papers and began reading. He flipped a page and said, “You guys seem to be in a hurry.”
Webb replied, “We’ll get to that in a minute.”
Logan kept reading, and when he finished he signed his name on one form and gave it to Foreman. “Sign here.” Foreman signed his name.
Webb produced more paperwork and handed it to Logan. She said, “Here’s the agreement. The indictment will be sealed and held in abeyance until such time as Mr. Foreman is no longer needed by the prosecution.”
“Witness protection?” Logan asked.
“That’s right. Starting today.”
“Okay, okay. I need to talk to my client.”
Webb, Pacheco, and Hahn stood and walked to the door. Pacheco stopped and said, “I need your cell phone. No calls.”
This irritated Logan and for a second he hesitated. Then he pulled out his cell phone and handed it over.
An hour later, Logan opened the door and said they were ready. Webb, Pacheco, and Hahn reentered the room and took their seats. Logan, now with his jacket off and his sleeves rolled up, said, “First, as the defense lawyer, I feel compelled to at least inquire as to what proof the government has against my client.”
Pacheco said, “We’re not going to waste time arguing about the evidence, but let’s just say that we have DNA proof taken from a blood sample found near the scene. Your client was there.”
Logan shrugged as if to say, “Not bad.” Instead, he asked, “Okay, so what happens when my client leaves this room, assuming he takes the deal?”
Webb replied, “As you know, witness protection is handled by the U.S. Marshals. They will take him from here, get him out of town, out of Florida, and relocate him someplace far away. A nice place.”
“He’s concerned about his mother and younger sister.”
“They’ll have the option of joining him. It’s not unusual for witness protection to move entire families.”
Pacheco said, “And I might add that the U.S. Marshals have never lost a witness and they’ve protected over five thousand. They’re usually dealing with large organized crime syndicates that operate on a national scale, not locals like the boys we’re after.”
Logan nodded along, mulled things over, and finally looked at his client and said, “As your lawyer, I recommend you take this deal.”
Foreman picked up a pen and said, “Let’s do it.”
Webb reached for a small video camera mounted on a tripod. She focused it on Foreman while Hahn placed a recorder on the table in front of him. When he and his lawyer had finished signing the agreement, Pacheco placed a photo in front of him. He pointed to the driver of the truck with fake tags and asked, “Who is he?”
“Clyde Westbay.”
“All right, now tell us everything you know about Clyde Westbay. We’re on the same team now, Zeke, so I want the whole story. Everything.”
“Westbay owns a couple of hotels in Fort Walton Beach. I—”
“Names, Zeke, names of the hotels?”
“The Blue Chateau and the Surfbreaker. I got a job there two years ago, sort of a part-time gig cleaning the pools, landscaping, crap like that, got paid in cash, off the books. I saw Westbay around occasionally and somebody told me he was the owner. One day he caught me in the parking lot of the Surfbreaker and asked me about my criminal record. He said they didn’t normally hire felons so I’d better behave myself. He was pretty much of an ass at first, but he softened up some. He called me Jailbird, which I didn’t like but I let it slide. He’s not the kinda guy you talk back to. The hotels are nicer than some of the others and they stayed busy. I liked the work because there were always a lot of girls around the pools, nice scenery.”
“We’re not here to talk about girls,” Pacheco said. “Who else worked at the hotels, and I don’t mean the grunts like you? Who was the manager, the assistant manager, guys like that?”
Foreman scratched his beard, gave them a few names, tried to think of more. Hahn was pecking away at his keyboard. At the FBI office in Tallahassee, two agents watched Foreman on a monitor and worked their laptops. Within minutes, they knew the Blue Chateau and the Surfbreaker were owned by a company called Starr S, domiciled in Belize. A quick cross-reference revealed the same company owned a strip mall in Brunswick County. A small piece of the Dubose empire puzzle fell into place.
“What do you know about Westbay?” Pacheco asked.
“Not much, really. After I’d worked there for a few months I heard rumors that he was involved with some guys who owned a bunch of land and golf courses and even bars and strip clubs, but it was all hush-hush. It was all rumors, nothing concrete. But then, I was just, as you say, a grunt.”
“Tell us about August 22, that Monday.”
“Well, the day before, Westbay cornered me and said he had a job for me, one that might be dangerous and require a great deal of secrecy, said it paid five thousand bucks in cash, and asked if I was interested. I said sure, why not? I mean, I really felt like I was in no position to say no. I guess I wanted to impress the guy, plus Westbay is the kinda guy who’d fire me if he got pissed off. It’s not easy finding work with a rap sheet, you know? So, Monday afternoon, I was at the Blue Chateau, and I waited and waited until about dark when he and I got into his truck and came here to Pensacola. We stopped at a bar east of town and he told me to wait in the truck. He was inside for half an hour, and when he came out he handed me the keys to a truck, the Dodge Ram, which was also parked outside the bar. I noticed it had Alabama tags but I had no idea it was stolen. I got in the truck and followed him to the casino. We parked behind it. He got in my truck and explained what we were going to do, said we were going to cause a wreck. We drove deeper into the reservation, along a zigzagging road, and he said that was where it would happen. I was to smash into a little Toyota, get out, and he would be there to drive me away. I gotta tell you, I really wanted out at that point, but there was nowhere to go. We went back to the casino and he got his truck. We drove back into the reservation, to the same stretch of the road, and we waited in some woods for a long time. He was pacing around my truck, pretty nervous, talking on the phone. Finally he said let’s go. He gave me a black motorcycle helmet and some padded gloves and knee pads, the kind dirt bikers use. We saw some lights in the distance, coming our way, and he said that’s the car. Build up as much speed as possible, then cross the center line. The truck was twice as heavy and he assured me I would be fine. It was pretty scary stuff, to be honest. I don’t think the car was going very fast. I hit about fifty, then at the last second crossed the center line. The air bag knocked the hell out of me, sort of stunned me for a second or two, and by the time I got out of the truck Westbay was right there. I removed the helmet, gloves, and knee pads and gave them to him. He noticed my nose was bleeding and he checked the air bag in the truck for blood. Found nothing. My nose wasn’t broken and it didn’t bleed much at first, then it started gushing. We walked around the car. The girl, the driver, was trying to move and talk but she was in bad shape. The black guy was stuck in the windshield and really tore up. A lot of blood.”
His voice cracked just a little and he swallowed hard.
Pacheco asked, “There was a broken bottle of whiskey in the truck. Were you drinking?”
“No, not a drop. That was just part of the act, I guess.”
“Did Westbay have a flashlight?”
“No, he had put on a small headlamp. He told me to get in the truck, his truck, and I guess I did. He spent a minute or two at the car. I was sort of dazed and I’m not sure I remember all that much. It was happening fast and I was pretty scared, to be honest. You ever walk away from a head-on collision?”
“Not that I recall. When Westbay returned to his truck did he have anything with him?”
“Like what?”
“Like two cell phones and an iPad.”
He shook his head. “No, I don’t remember seeing anything like that. He was in a hurry. He looked at me and said something about the blood. He had a roll of paper towels in the truck and tore off several. I wiped my nose.”
Pacheco looked at Logan and said, “We have a sample of the paper towels, with blood.”
Logan said, “He’s talking, isn’t he?”
“Did you have any other injuries?” Pacheco asked.
“I banged my knee and it was hurting like hell, but that’s all.”
“And so you drove away?”
“I guess. Westbay cut through a field, which was tricky because his lights were off. I had no idea where we were going. I think I was still rattled after seeing that black guy covered in blood. I remember thinking that this was worth a helluva lot more than five thousand bucks. Anyway, we came out a gravel road and he turned on his lights. When we got to a paved road, he picked up speed and we left the reservation. At one point, I asked him, ‘Who were those people?’ and he said, ‘What people?’ So I didn’t say anything else. He said we needed some ice to put on my nose, so he stopped at a store that was open late. I guess that’s where you got that photo.”
“And after you left the store?”
“We drove back to the Blue Chateau in Fort Walton. He put me up in a room for the night, brought me a clean T-shirt, and told me to keep ice on my face. He said that if anybody asked, I was to say that I’d been in a fight. That’s what I told my mother.”
“And he paid you?”
“Yep, the next day, he gave me the money and told me to keep my mouth shut. Said that if anyone ever found out, then I would be charged with leaving the scene of an accident and probably something worse. Gotta tell you, I was scared shitless, so I kept my mouth shut. Scared of the cops, but also scared of Westbay. A few weeks went by and I figured I was in the clear. Then Westbay grabbed me one day at the hotel and he told me to get in my car and leave Florida immediately. He gave me a thousand bucks and said stay away until he called.”
“Has he called?”
“Once, but I didn’t answer. I thought about never coming back, but I was worried about my mother and I didn’t want to miss a meeting with my parole officer. I sort of snuck back into town today and I was planning to see my mother tonight.”
With the general narrative in place, Pacheco returned to the beginning of the story and hammered out more details. He dissected every movement and pushed the witness to remember every name. After four hours, Foreman was exhausted and eager to leave town again. When Pacheco finally relented, two U.S. marshals entered the room and left with Zeke Foreman. They drove him to a hotel in Gulfport, Mississippi, where he spent the first night of his new life.
Clyde Westbay lived with his second wife in a nice home behind gates not far from the beach in Brunswick County. He was forty-seven years old and had no criminal record. He held a Florida driver’s license and a current U.S. passport and had never registered to vote, at least not in Florida. According to state employment records, he was the manager of the Surfbreaker Hotel in Fort Walton Beach. He carried two cell phones and used two landlines, one at his office and one at home. Three hours after Zeke left Florida, FBI agents were listening to all four phones.