In short
The 2009 West Denver crash that killed Brittany Brashears, initially ruled “undetermined,” later prosecuted as first-degree murder by her lover Robert (Robbie) Walters, using medical findings, hidden recordings, and Walters’ confessions.
Guest backgrounds
Retired Master Sergeant Art Figueroa, Brittany’s boss at the Air Force Dental Lab; Detective Troy Bisgard, Denver Police homicide detective; Medical examiner John Carver; Barry Brashear, Brittany’s father; Brittany’s brother John; prosecutors Phil Geigel and Helen Morgan; Elena Walters (Robbie’s wife) testifies via interviews/recordings; state expert Jonathan Priest; plus Brittany’s friend Tiffany Peoples and paramedic Steve Sanchez (via transcript).
Key claims
Robbie strangled Brittany, then staged a fatal crash; she was not wearing a seatbelt; toxicology showed alcohol above legal limit but only barely; hidden phone recordings and Elena’s recorded confessions proved homicide; Robbie solicited Elena’s murder while jailed.
Notable examples
October 24, 2009 fight and no-contact order; November 16/17 Foxy Football League photo shoot where Robbie sobbed and texted; pinpoint hemorrhages on Brittany’s face/eyes; Elena’s phone recordings of Robbie confessing; trial evidence including blood spatter and 911 reports of a sudden highway stop; jury verdict: guilty of murder, acquittal on soliciting Elena’s murder.
Written by AI. May contain mistakes. Listen to the episode to check what was said.
Chapters
Tap a time to open that second in VOThe Night of the Crash
0:00 to 2:00
Learn about the events surrounding Brittany's tragic car crash.
“The car crash happened on November 17th of 2009 on a dead end street in West Denver.”
Who Was Brittany Brashears?
2:00 to 4:00
Discover Brittany's life, passions, and friendships before the accident.
“Her toxicology levels came back above the legal limit.”
Impact of Brittany's Mother's Death
4:00 to 6:00
Examine how the loss of Brittany's mother influenced her life choices.
“Brittany's brother John was there with his dad.”
Brittany and Robbie's Relationship
6:00 to 8:00
Understand the complicated relationship between Brittany and Robbie Walters.
“she ended up spending a lot of time with a cute airman from Southern California, Robbie Walters.”
The Downward Spiral
8:00 to 10:00
Learn about Brittany's struggles and changes in behavior after meeting Robbie.
“Adultery is a serious offense in the military, and Brittany's boss found out about the marriage.”
The Fight Before the Crash
10:00 to 11:10
Explore the events leading up to the fight between Brittany and Robbie.
“With delivery via Instacart, it's easy to shop from thousands of stores and get exactly what's needed, whether it's fresh ingredients for the week, household essentials, or specific brands that matter.”
The Events of the Night
11:10 to 14:00
Examine the moments leading to the crash and its aftermath.
“Brittany Austin-Goyne says the Foxy Football League was serious stuff.”
The Baffling Crash
14:00 to 17:07
Exploration of the mysterious circumstances surrounding Brittany's death.
“And then he looked over at me like surprised and started crying her name out.”
Suspicions Arise
17:07 to 19:10
Detective Bisgard's growing conviction that Robbie may be involved in Brittany's death.
“First off, there was a statement Brittany gave police after the October fight that landed Robbie in jail.”
A Wedding in Winter
19:10 to 20:48
Robbie's quick marriage to Elena while under scrutiny for Brittany's death.
“It just, it didn't matter what I thought.”
Show all 19 chapters
Elena's Revelation
20:48 to 23:01
Elena's unexpected confession of Robbie's admissions about Brittany's murder.
“I'm talking to the guy whose baby girl was murdered, and I am never going to be able to prove this.”
The Case Takes Shape
23:01 to 25:18
How Robbie's confessions through Elena allowed the case to shift to homicide.
“I hit the record and I got about a good 20 minutes of him talking about the whole unfair thing.”
Robbie's Arrest and Aftermath
25:18 to 28:00
Robbie's arrest and the prosecutors' confidence in their case against him.
“And three days after talking with Elena, Bisgard flew to California and arrested Robbie Walters.”
Trial Dynamics and Witness Threats
28:00 to 29:16
Explore the complexities of witness testimonies and threats during the trial.
“So he turns into this very dark street, gets in the passenger seat himself, puts his seatbelt on, unclips her, puts her back to where she was, and then he guns it.”
Robbie's Confession and Courtroom Tension
29:16 to 31:43
Delve into Robbie's dramatic courtroom confession and the tension it creates.
“Prosecutor Phil Geigel's opening statement at Robbie Walter's trial stuns the courtroom as he simply reads Robbie's own words.”
Elena's Complicated Loyalty
31:43 to 33:57
Understand Elena's complicated relationship with Robbie and her testimony.
“Before the trial, when Elena spoke with police, she told them that while Robbie was confessing to murder, he was also threatening her.”
The Jury's Decision
33:57 to 36:24
Examine the jury's deliberation process and the verdict delivered.
“Probably like the second most painful thing that I've ever had to go through is watching Elena get on the stand and just cold-blooded, cold-blooded, no emotion, totally heartless, didn't even look at me not one time.”
Aftermath and Reflections
36:24 to 38:59
Reflect on the aftermath of the trial and the perspectives of those involved.
“Were you shocked when the jury came back with guilty?”
Brittany's Legacy
38:59 to 40:31
Conclude with thoughts on Brittany's life and legacy following her tragic death.
“Robbie Walters convicted Robbie Walters.”
Transcript
Automatic transcript. May contain errors.0:20The car crash happened on November 17th of 2009 on a dead end street in West Denver. It was about 1.40 in the morning. There was a loud bang outside. So I actually jumped up, I came out, and when I came out, I looked over towards the street and I saw a vehicle. I came down, started dialing 911. No, no, he's freaking out. She's draining his arms, okay? Okay. She's dead, I think. Okay. In the driver's seat was a female, and in the passenger seat was a male holding the female in his arms and was shaking her. Kept saying, Brittany, Brittany. She was later identified as Brittany Brashears. Brittany was an incredible person, an even better friend.
1:12After she graduated high school, she didn't really know what she wanted to do. She just told her dad one day, hey, I'm going in the Air Force. And that's how we originally met. She loved everything outdoors. She was really into fitness. Her passion for life was just, it was huge. She didn't talk about it, she did it. She was amazing. She would just catch every pass, and it's like she had done it before, like it wasn't her first day. I guess it was a pretty legit girls football team that she was playing for.
1:46Brynn and Brashears is my older sister. She got to be one of my best friends and my role model. You miss her? Oh, every day.
1:59The night of the crash, Brittany had been drinking. Her toxicology levels came back above the legal limit. Could you, in your mind, come up with any conceivable reason why they would have come here? No, no. The closest thing I could come up to is they just got tragically lost. Her car ended up right back at about this angle here. At first glance, it looked like an accident. Like she'd been drinking, and she'd been driving, and she crashed.
2:35She didn't have her seatbelt on, and sitting next to her was someone by the name of Robert Walters. He did have his seatbelt on.
2:47She's staring straight up at me. There's just blood everywhere. And I'm staring at her, and I'm yelling at her to breathe. I'm yelling at her to breathe. Britney, breathe.
3:03When I learned that Robbie Waters was in the car with her, I knew that something was wrong. Something wasn't right. There was something more to the story.
3:26I got a phone call in the middle of the night, 2 o 'clock in the morning. The call to Barry Brashear's Illinois home was the call parents dread the most. It was about his daughter, Brittany. A traffic officer had said that Brittany had been in a wreck and told me that I should go to the hospital. That hospital was half a continent away in Denver, so he got the terrible news long distance. I talked to the doctor and he told me that she was no longer with us. I was like, yeah, yeah. It was, yeah. Brittany's brother John was there with his dad. Honestly, we both just kind of sat there. I know I couldn't cry.
4:13That night I couldn't. I was just in so much shock, like, there's no way it's actually happening. They learned someone else also was in the car. Brittany's one-time boyfriend, Robbie Walters, who miraculously survived the wreck unhurt. Barry had met him once and was not impressed. Guys come and go. I'll be honest, I don't even remember one word Robbie said. And did she ever say anything about, you know, Dad, I really like this guy. No, but she wouldn't have said that to me. Brittany didn't tell him much about her personal life, he says. She always had confided in her mom. A vibrant woman who shared her passion for the outdoors, her mother died of cancer when Brittany was 17.
5:00What was the impact of her death? It affected Brittany the most. They were best friends. They did everything together, talked about everything. She took it hard and began running with a crowd that, in her father's eyes, partied a bit too much. So he was thrilled when at age 20, Brittany suddenly signed up for the Air Force. She really needed the discipline, being a part of something. So you felt this would give her some direction? Exactly. And she seemed really committed to it? Oh, absolutely. She was one of our top performers, so that's how I looked at her. Retired Master Sergeant Art Figueroa was her boss at the Air Force Dental Lab in Colorado Springs, where Brittany was a technician.
5:48She loved what she did. I mean, she helped people out. She was easy to like, and everybody liked her. In February 2009, Brittany was deployed to Iraq. Assigned to non-combat security, she ended up spending a lot of time with a cute airman from Southern California, Robbie Walters. She had so much energy. She was such a free spirit and amazing girl. But you pretty much immediately clicked. Yeah, right away, right away. She was all smiles every time I talked to her.
6:23Brittany's best friend, Tiffany Peoples, watched the relationship grow. My impression of him was, you know, he's a funny guy. He always has to be, you know, the clown. But Brittany was not amused when she learned that Robbie was married. No problem, he told her. It was a marriage in name only. Going to Iraq, they give you family separation pay. They give you all this incentive to get married, like this extra pay. So that's the only reason you got married? That's the main reason I got married. And Brittany believed that? There was no reason for her to believe anything else. That July, fun-loving Robbie's disciplinary problems got him kicked out of the service with a less than honorable discharge.
7:07After a four-month stint in Iraq, Brittany returned to the Air Force Dental Lab in Colorado, and Robbie was right behind her. It was all good for probably a month, and then Brittany went from being this vibrant girl and being this superstar airman to just showing up to work late, wanting, you know, calling in sick, just kind of pushing everybody out of her life. Everyone, that is, except Robbie. I started to really dislike Robbie. What kinds of things was he doing? He would do crazy things like park her car in the middle of a four lane in traffic with her in the passenger seat, take the keys out, and run with her sitting there in the car.
7:52Robbie denies ever doing that, but contrary to all his assurances, his marital status was a problem. Adultery is a serious offense in the military, and Brittany's boss found out about the marriage. When you looked into it, what did you discover? We had a nice conversation. I was like, I understand if you guys have feelings for each other, fine. I said, but let this situation with his wife play out. When he's away from her, they're divorced, and then maybe you can pursue a relationship. But any time in between now and then, I said, it's not legal, so I suggest you not do that. Still, the affair continued on and off.
8:29I asked her a hundred times, why are you doing this to yourself? Why are you staying in this relationship when you know it's not healthy? And it was, I love them. I love them. Then, on October 24, 2009, just eight months after they'd met, an overheated argument outside Brittany's home turned into a physical fight. Brittany ended up with bruises, and Robbie ended up with a few days in jail. Sergeant Figueroa issued a formal no-contact order. Now, if Brittany saw Robbie again, the Air Force could kick her out. And she had told me that she had broken up with Robbie. He was coming to get his stuff.
9:10He was moving back to California. She was completely done with him. She was ready to move on.
9:18Three weeks later, Brittany, always an athlete, had a new passion, football. She signed up to play in an all-female league. The night before her team's photo shoot, Robbie sent her a text begging to see her just one more time. He knew her weaknesses. They were close enough to where he knew what to say, what button to push to get them to meet up. I think she loved it enough that at one point where she would honor what he said this one time, and then everything would be okay. She could not have been more wrong.
9:56When life gets busy, even something as routine as grocery shopping can start to feel like a big lift. That's where Instacart comes in. With delivery via Instacart, it's easy to shop from thousands of stores and get exactly what's needed, whether it's fresh ingredients for the week, household essentials, or specific brands that matter. The app makes it simple to search, filter, and build a cart with intention so nothing gets overlooked. And when quality matters, there's confidence in knowing items are selected with care. It's easy to communicate preferences, make substitutions, and stay in control of every order.
10:32On top of that, the convenience is hard to beat. Groceries can arrive in as fast as 30 minutes, making it easier to stay on schedule and keep everything running smoothly. And if you're like me, someone who's often traveling for work and juggling family schedules at home, this level of efficiency could be music to your ears. Instacart brings convenience, quality, and ease right to your door so you can focus on what matters most. Download the Instacart app now and get groceries just how you like it.
11:09It was a sport that we didn't get paid to do it. We just did it because we loved it. It was something for us to do as women. Brittany Austin-Goyne says the Foxy Football League was serious stuff.
11:27It's eight on eight, and it is full-on tackle football. We had helmets, we had mouth guards, shoulder pads. It was awesome. As team captain, she was delighted when another Brittany, Brittany Brashears, signed up in 2009. She seemed so dainty. She just looked fragile. And then when practice started, Brittany was a natural. She was very athletic. Very much so. On November 16th, both Brittany's drove to Denver for the team's publicity photo shoot. We all at one point eventually had no top. And we would have the body part of someone else covering. So you couldn't really see anything. But it's supposed to be like a sexy kind of football league.
12:11And everybody was having a good time. We had an amazing time. We really did. Not everybody. Although the shoot was supposed to be closed, Robbie Walters tagged along. He was kind of hunched over, kind of covering his face like this. You know, he had his hand or his phone in his hand. And he kind of looked like he was like shaking or panting or just, you know, when you kind of laugh. And then all of a sudden, I saw just tears coming down his face, dripping to the ground. He's sobbing. Yeah. Sobbing and texting. Robbie was sending text messages to Brittany's boss that night. I was sad the relationship was coming to an end.
12:55He was turning her in for seeing him against orders. This is my way of getting back at her. She put me in jail. I figured if I got her in trouble, that would be the end of it, and I could just leave and go to California. Whatever anger Robbie was feeling about the photo shoot, about the breakup, the couple was seen leaving together around 1230 AM. Was Brittany drunk? Oh yeah. And were you? I was definitely drunk. I put my head down and I was listening to the music and I wasn't paying attention to the driving at all. About an hour later, Brittany's car slammed into a parked vehicle on a dead end street.
13:36That's when Steve Sanchez heard the crash, ran outside and called 911. Hello, this is the paramedic. Yeah, I got two people in this car right here, and one don't look very good at all. Are you with the person that's hurt now? I'm standing right after the car. What did you think? He was shaking her, and when I came out, I told him, you're going to hurt her. Quit shaking her. She might be hurt. And then he looked over at me like surprised and started crying her name out. Do you remember the actual crash? No, no. Why was she off the freeway in this strange neighborhood? I don't know. I don't even know where we were at.
14:17And you were asleep? I wasn't asleep. I was in the process of going to sleep. I was slipping into unconsciousness, definitely.
14:37Detective Troy Bisgard says at first, Robbie's story seemed to make sense. He said that he just woke up and Brittany was in his lap and unconscious. You can see the windshield there. So that's her head hit right there. Yeah. But homicide was called in because the cops at the scene thought something just didn't look right. They're the ones telling me, look. It was a car accident, but it wasn't so significant that she should be dead from it.
15:15Medical examiner John Carver was baffled. Here's this accident. I don't understand why this person is dead, but maybe the toxicology will show something. Brittany's blood alcohol level was over the legal limit, but only barely. There were no drugs in her system, and she didn't hit the windshield all that hard.
15:40Brittany didn't have any significant injuries of long bones or internal organs or the base of the neck or the spinal cord or the skull or the brain. The injuries Brittany did have weren't what Carver expected to see. There's extensive bruising around her temple and over her right cheek. More alarming, he saw telltale signs that she might have been strangled. The main thing were these pinpoint hemorrhages on the skin of the face and surrounding the eyes. But strangulation was hard to confirm. Brittany's anatomy was different. She was missing a piece of cartilage in the throat that usually is crushed when someone is strangled.
16:27There was nothing to injure or to break.
16:34So Dr. Carver was in a bind. Without more proof, he couldn't rule Brittany's death a homicide. But it sure didn't seem like an accident. The cause of death to me was undetermined, and the manner of death to me was undetermined. Undetermined? Undetermined. I don't know.
17:00Undetermined meant no ruling of homicide, so officially no crime, and no grounds for arrest. But the more Bisgard learned about Robbie, the more convinced he became that this was murder. First off, there was a statement Brittany gave police after the October fight that landed Robbie in jail. The officer's report specifically stated that the victim told them that he had threatened to crash the car and hurt or injure them both.
17:34And Bisgard had discovered something else. A hidden recording on Brittany's phone left after that fight. you, I hate your gun. I'm tired of defending you. You me over, I hate you. She had actually disguised the recording as the name of a ringtone, and that's where it was. So it was just pure luck that we found it. I hope you die. I hate you. Why would you leave a message like that? Why would I leave a message like that? That message was left after Brittany called the cops on me and I went to jail. And I was angry. Bisgard also wondered why Robbie couldn't remember anything about the crash, but was crystal clear about one specific detail from that night.
18:27He told me at some point during that photo shoot that she took her top off. What did that have to do with anything? I don't know, and that struck me as odd. Why would you say that? I didn't get that.
18:43In his grief, Brittany Brashear's father, Barry, was confused. So when you heard that she had not been wearing a seatbelt... Oh, that was absolutely a red flag went up. She would never move a car without putting her seatbelt on. Never. You were convinced that he had had something to do with it. Oh, that he had some... She was dead because of him. To what extent, I had no idea what. Barry soon was urging Bisgard to keep investigating, find something. but undetermined on that autopsy report meant Bisgard's hands were tied. It just, it didn't matter what I thought. It didn't matter what anybody else thought.
19:21We had nothing. Without a cause of death for Brittany, I had nothing. I just did not see a chance of proving this case.
19:39It may not be everyone's idea of a dream wedding outside a parking garage in the dead of winter. I now pronounce you husband and wife. But that's where Robbie and Elena Walters tied the knot on a frigid day in January 2009. I was like, Elena, I love you. You're my girlfriend. We've been together for several years. If I get married right now, I can get paid more before I go to Iraq. and she was like, well, I don't really want to get married for money. I want to get married because I love you. And I was like, well, I love you. Days later, the groom was deployed to Iraq, where he soon would both lie to and cheat on his wife, Elena, whose face we've agreed not to show.
20:25They're finally insane. She apparently took her wedding vows much more seriously than her new husband. After Brittany died and knowing all about their affair, Elena took Robbie back. The couple reunited in California. In Denver meanwhile, Detective Troy Bisgard was frustrated, convinced that Robbie was getting away with the murder of Brittany Brashears. All I could think about was Barry. I'm talking to the guy whose baby girl was murdered, and I am never going to be able to prove this. Never.
21:09Then, four months into the investigation, Bisgard got word that Robbie had had a big fight with his wife. Looking for any possible shred of new evidence, he gave Elena a call. And I said, it's time for you to tell me what you know. And what did she say?
21:34Hello? Hi, is Elena in? This is her. Hi, Elena. This is Detective Troy Bisgard. I'm a detective with the Denver Police Department. Hi. She started telling me everything. And then he's like, I did it. I'm like, did what? He had confessed to strangling Brittany and covering it up with a car accident. He's like, I killed her. I was like, Robbie, you're talking crazy. You've been through a lot. He's like, no. He's like, I did it. I didn't have to pry this stuff out of her. And once she started talking, she didn't stop talking for a couple hours. I think he said that they were on the freeway. Okay.
22:14Or the highway, something like that. And then that's the first time that he reaches over and he punches her in the face. She started telling me how many times he had told her this. He just kept telling her over and over again. First thing is he tried to stop her from breathing, so he kind of like pinned, pushed down with his forearm. Elena was in a quandary, reluctant to believe that the love of her life was capable of murder. He's always had an imagination. He's always been different in the head. So it's hard to think that this is this person that I know who I've known my whole life. Something like that, right.
Read the full transcript
22:53Right. And as she unburdened herself, she dropped another bombshell. One night I had my phone, it was in my boot, and I turned it on. I hit the record and I got about a good 20 minutes of him talking about the whole unfair thing. With her cell phone, she had captured these grainy, fuzzy images and Robbie's confessions more than a dozen times. Did you grasp the volume of this and what she's talking about? I don't think I grasped him at that point until I heard him, his voice, on those recordings.
23:34Mom, I thought she'd go with all my money. She felt it. She felt it. The house dropped out of her. What was her reason for not having come forward on her own? She's hearing this information from Robbie, yet in her mind, there's no detectives beating down her door. She's hearing her husband confess to murder. She's talking to his friends. In fact, at one point, a good family friend of theirs says, they're not stupid. If he killed her like this, they can tell. He would be in jail. So I see that wall that she was up against. John Carver, the medical examiner, says Robbie's confessions explained everything that had puzzled him at the autopsy.
24:29The fact that most of the bruising on the right side of the head fit very well with his descriptions of punching her several times from the passenger side.
24:50The description of the forearm across the neck was entirely consistent with the lack of fingernail marks. these larger hemorrhages on the whites of her eyes. All of a sudden, there's the best possible explanation I can think of for their presence. Elena's information was all Carver needed to change the manner of Brittany Brashear's death from undetermined to homicide. And three days after talking with Elena, Bisgard flew to California and arrested Robbie Walters. Do you know what you're under arrest for? No. First degree murder. In custody, Robbie again told his tale of dozing off before the car crash.
25:35The very last thing I said to Brittany was, I love you, Ray. And the very last thing she said to me was, I love you too, Robbie. I believe that he was trying to act very sincere. I said, it's just not going to work with me. I'm a homicide detective and I look at, well, you know, I've seen all that stuff before. The stuff on her neck, the stuff on her face, all the right side. Right. Because you're sitting on her right side. He doesn't know that you have heard the recordings. Right. And once that stuff came up, he didn't want to talk anymore. She recorded you when you were telling her what you did to Brittany.
26:19I don't know what else to f***ing tell you anymore. Walter still refuses to talk about what he actually said in those recordings, except to say it was all a big misunderstanding. He claims it was Elena who started the whole thing. She would come over with these accusations, and then there were times where I just agreed with her to get the conversation to end. If I just was like, yeah, Elena, you're totally right. You're totally right, Elena. I broke her neck. It's totally my fault. Little did I know she was recording the conversation. So evil.
27:00Prosecutors Phil Geigel and Helen Morgan now had plenty of ammunition to build a case around Robbie's own words. Britton, I never once thought about her going there, ever. Until she took her top off that night, and I was like, I'm going there tonight. When he got in that car, I think he confronted her. And for all that we know about Brittany Brashears, we know that she's her own woman. I can imagine her telling you it's none of his business anymore. The first blow, they say, came while Brittany was driving on the highway. But once he hit her, as he described it himself, he has to kill her. Because he can't take her to the hospital.
27:47Robbie took control of the car, stopped someplace, and continued the assault.
27:57Then he tried to cover up his crime by staging the accident. So he turns into this very dark street, gets in the passenger seat himself, puts his seatbelt on, unclips her, puts her back to where she was, and then he guns it. Did that ever happen? Do you think that even sounds logical? Did that ever happen? No. Do you think that even sounds logical? I'm asking you, did you kill her? No. Robbie Walters was sent to a Denver jail to await trial. And even then, prosecutors believe he was scheming for a way to avoid punishment. He is a dangerous, dangerous man. And this time, they say, he had his sights set on the state star witness, the woman who betrayed him.
28:47No question, he wanted her dead.
29:06I took a shot in the dark. I took a swing where I thought her head would be like a ton of bricks, like a house fell on her. Bam.
29:20August 2011. Prosecutor Phil Geigel's opening statement at Robbie Walter's trial stuns the courtroom as he simply reads Robbie's own words. And she screamed. Robbie. Robbie, and I hit her again and again and again. She slammed on the brakes.
29:48As long as I do this job, I'll never forget this case and those words. The defense insists all that was just bravado, just Robbie being Robbie, an immature smart aleck who made up a story to scare away his annoying wife. Did you kill Brittany Brashears? No, ma 'am. And I hope to make that apparent. What was it like to walk into that courtroom and see Robbie Walters sitting there? Oh, you don't know how bad I wanted just to go hit him. Just go hit him. Just like he, boom, how does that feel? Didn't see that one coming, did you? Oh, it was so hard. Prosecutors point to the fact that Brittany's car crashed around 1.40 a.m.
30:33Odd, because witnesses said she and Robbie left the photo shoot an hour before that. We know that it takes them an hour to get about five miles. Shortly after they left, two 911 callers reported a car stopped in the middle of the highway. The car next to me all of a sudden just locked up their brakes completely and came to a stop. And that's how we know when that first punch happened. There is some physical evidence, notably blood spatter in the car, a sign that Brittany was bleeding before the crash, says state expert Jonathan Priest. There is blood that is in the car that has to occur before she hits the windshield.
31:18And those two places are the airbag and the dashboard. Predictably, the defense's blood experts argue just the opposite. But this is not a forensics case. This case will rise or fall on Elena. And she's had a long, complicated history with Robbie.
31:43Before the trial, when Elena spoke with police, she told them that while Robbie was confessing to murder, he was also threatening her.
32:00I just punched him in the face and hung up my neck. I'm so close to killing you, Thumrell. I want to punch him. It's so bad. Despite that, Elena stayed with him. Even when he was in jail, awaiting trial, she took Robbie's calls, apparently eager to believe that he simply made it all up. I wish he never recorded me. You should have never told me any story that was never true, because that was not cool to do to me. She loved Robert Walters, and that's beyond dispute. She was in her early 20s. She'd been with him since she was in high school. He was all she knew. Robbie, I love you. I love you so much.
32:44You're going to be given an opportunity to prove that. You can see Robert Walters evolving. You see his plans evolve. At first, the prosecutors believe, Robbie thought he'd just control what Elena would say when she testified. I think initially he would say things along the lines of just tell him I was drunk or something like that. They say then that his plan grew more sinister, that Robbie enlisted a fellow inmate to help him arrange to have Elena killed. He thought this was really going to happen? Absolutely. Robert Walters is the smartest guy in the room in his own mind. That inmate turned state's witness in exchange for less prison time.
33:29And Robbie Walters was charged with another crime, soliciting Elena's murder. Remarkably, Robbie still seemed to think she'd stick by him. Hi, Elena. I hope you don't believe anything that these people are saying. I don't know if they're... I don't believe any word that comes out of your mouth. And by the time Robbie stands trial, there is no doubt Elena is firmly on the state's side. Probably like the second most painful thing that I've ever had to go through is watching Elena get on the stand and just cold-blooded, cold-blooded, no emotion, totally heartless, didn't even look at me not one time.
34:08Even when they said, point out Mr. Robert Walter, she didn't even look. She said, he's over here. But she can't be trusted? No, she was like a puppet. What was her motive? For lying. That was revenge for sure. I fell in love with someone else and broke her heart. Broke her heart, tore it to pieces. You think she would have cooperated if he'd been nicer to her? I think she would have done everything in her power to convince herself he didn't do it. What gave her the most trouble? Explaining why she stayed over and over and over again. Through it all, Elena finds an unlikely new friend, the father of her one-time rival.
34:53Very, very good girl. Very much so stuck in a bad place. I'm glad that she did what she did, but if she was my daughter, I would have wished she would have just got the hell out of there and not worried about recording how Brittany Brashears was dead. Robbie Walters does not take the stand. His attorneys argue the medical examiner got it right the first time. The cause of Brittany's death just can't be determined. But now, it's up to the jurors. In the middle of the night, do you think, could 12 people walk this man? Yeah.
35:32Oh my God.
35:41So the jury goes out. There you are, right? You're just waiting. What was that like? It was terrible. The hours tick by as the jurors deliberate Robbie Walters' fate, and Barry Breshears steals himself. One of us is going to do a life sentence because he's not getting away with this. Are you serious? I'm absolutely serious. He couldn't. How could you do that as a father? You couldn't allow that. You couldn't. You couldn't.
36:15Two days later, the jury finds Robbie Walters guilty of murder. Do you remember the second that you heard that word? Guilty. Just instant relief. Were you shocked when the jury came back with guilty? Oh, definitely. What was that like? Definitely, definitely. Totally hopeless, helpless. Robbie does score one small victory. Jurors acquit him of conspiring to murder his wife, Elena. No question in my mind that Robert Walters solicited Elena's death. I understand that 12 people who haven't been living it the way you've been living it say you have not met your burden and I respect that. But for practical purposes, the murder conviction is enough.
37:10Walters is sentenced to life without parole. You know, you don't want to say yeah and cheer because it doesn't really change anything. I mean, my daughter's not going to come back. Brittany's brother, John. Is there a part of you that feels like justice was served? Maybe a little bit, but no. Not when you don't have your sister, right? Right. They're great people. My heart goes out to them. They have a loss that can never be filled. Detective Troy Bisgard admits he got lucky in this case and shudders to think what might have happened had things gone just a little bit differently. Had her neck, in fact, been broken by that impact, you would have had no case.
38:00No, absolutely not. Because you couldn't have proved it wasn't an accident. It most likely would have proved that it was an accident. With that on the windshield like that. Robbie has nothing nice to say about Detective Bisgard. What specifically did Bisgard do that you felt was unfair? Oh, wow, there's a list. The guy's just a villain. This guy goes behind the scenes and he just twists everything up. He gets Dr. Carver to change his autopsy. He flies out to California, convinces Elena that I tried to have her killed to get her to testify, because she wasn't going to testify originally. As for Elena's recordings, in California it is usually illegal to record someone secretly.
38:42Robbie believes the Denver trial judge should not have made an exception to allow the recordings in as evidence. I think I've got a really good chance of getting a retrial on appeals because of the illegal recordings. Would Robbie Walters be in prison today if he'd kept his mouth shut? No. No. Robbie Walters convicted Robbie Walters. Thank you, Robbie Walters.
39:08Elena is now divorced from Robbie. My sense is that she may have moved on. Oh, definitely. Definitely. Nobody knows where she's at. I really hope that Elena's watching this. I'm sorry. I'm sorry for breaking her heart. but I'm not a murderer. Elena had known him since childhood, but Brittany's tumultuous time with Robbie Walters was far more brief. Just nine months after she happened to meet him in Iraq, she was dead. Brittany Brashears was a young woman who should be alive today and was that close to being alive today. She was doing well, she met somebody who sucked her in, but she was getting out.
39:57And she just didn't have another night to do it. The one thing I always think of when I think of her is she lived every single minute. Yeah, could she make you laugh? Oh, always. What did she teach you? Just have as much fun as you can, because tomorrow could be the last day. How do you want people to remember her? Full of life. Full of life.
40:30That's all.
From the publisher
21-year-old Air Force member, Brittney Brashers, died while driving home with her ex-boyfriend, Robbie Walters, in November, 2009. On the surface, her death seemed like an accident, but it raised authorities suspicions when Robbie walked away from the car crash unscathed. “48 Hours" Correspondent Susan Spencer reports. This classic "48 Hours" episode last aired on 8/31/2013. Watch all-new episodes of “48 Hours” on Saturdays, and stream on demand on Paramount+.
To learn more about listener data and our privacy practices visit: https://www.audacyinc.com/privacy-policy
Learn more about your ad choices. Visit https://podcastchoices.com/adchoices
