Transcript for Death row inmate describes when he says he last saw Shelly Boggio: Part 3
It's the night of may 5, 1985. After a night of drinking and smoking, 14-year-old Shelly Boggio, is at a night club with two older men. Jack Pearcy and James Dailey. Both of these guys are paying attention to Shelly, but Shelly is only interested in jack Pearcy. James Dailey says he remembers the deejay may have been playing a lynyrd skynyrd song, "Gimme three steps." Gimme three steps mister and you'll never see me no more I asked Shelly if she wanted to dance. She said no. But Dailey says, when a slow song came on, Shelly was out on the dance floor with jack Pearcy. Pearcy's girlfriend, Gayle Bailey, is with them at the bar, getting angrier and angrier by the minute because of all the attention that jack is paying to this 14-year-old girl. Well, next thing I knew, they were on the other side of the bar dancing. Well, I'd seen this and this did upset me. Then we all went back home. This was about midnight. Now remember, the medical examiner would later determine that Shelly was murdered sometime between 1:30 and 3:30 A.M., so what's important to keep track of here is, who is with Shelly as the night unfolds? It's just after midnight, and the group goes back to the house. And here's who's there -- it's Shelly, James Dailey, jack Pearcy, jack Pearcy's girlfriend, who's pregnant, Gayle. And right around this time, jack Pearcy says he's going to take Shelly home. Gayle went into the bathroom, and jack and Shelly were leaving. There's another guest at this party and he's an important player. His name is Oza Dwain Shaw. He's jack Pearcy's buddy from back in Kansas. And when jack says he's leaving to take Shelly home, Oza Shaw asks them for a ride to the I asked him to give me a ride to the phone, because I need to call my girlfriend. No one knows this yet, but Shelly has just hours left to live, and she's just gotten into the car with jack Pearcy and Oza Dwain Shaw. This is critical. Dailey says he and Gayle stayed back in the house. Dailey says, and this is really important, when jack and Shelly left with Shaw, he went to his bedroom. Dailey insists he did not go with them. I went in my bedroom and went to sleep. So sure enough, jack Pearcy and Shelly have now stopped at that pay phone so Oza can make his call. Oza Dwain Shaw, when he's on the pay phone to his girlfriend back in Kansas, he says that in the car, jack and Shelly get impatient and honk the horn at him. Got impatient and was honking, and I told him to leave me. Oza Dwain Shaw's at that pay phone talking to his girlfriend Betty, who confirms that she heard that car horn. In the background I could hear a horn. And I said, who's that? And he said, jack and some girl. And we have the telephone records to confirm this call was placed. We know it was placed at 1:15 A.M. Why is this so important? Because the most reliable witness in this case is the clock. The clock, and what the clock suggests about who was with Shelly when she died and who was not with her. Where was Jimmy this time you came back from making your phone call? He wasn't in the living room or I think he was in bed, in the bedroom. I'm not sure. Oza Dwain Shaw is one of the last people to see Shelly Boggio alive. And who does he say she's with? Not James Dailey. Jack Pearcy. Just jack. Oza Dwain Shaw tells detectives that it's hours later when jack Pearcy returns to the Mr. Pearcy doesn't return to the house, according to Oza Shaw, until at least 4:00 A.M. And if Shelly died sometime between 1:30 and 3:30 A.M., then Mr. Dailey couldn't have been there. He couldn't have been there because, his lawyers say, because he was back at the house. Oza Shaw has been consistent from day one that the only people that went to that pay phone were Oza Shaw, jack Pearcy, and Shelly Boggio, and that James Dailey stayed back at the house. Period. Jack came back and woke me and said, I've got a couple of joints. Let's go smoke them. And grabbed a six pack of beer out of the fridge. So I got up. He said he needed to talk to me about something. Jumping out of bed in the middle of the night to go drink beer and smoke pot with your friend may odd to you and me, but Dailey says this was the life they were leading. They were up at all hours. They didn't have steady jobs. No responsibilities. We drove out to belle air causeway. And and jack said, the reason I gotta talk to you is Gayle wants you to leave. She wants to turn the bedroom into a nursery. And I told him, that's no problem. I said, I'm ready to move on anyway. But now, here comes the moment that spells the first sign of trouble for James Dailey, and it seems incriminating. After that early morning trip he took with jack Pearcy, he arrives back at the house, and his pants are wet. He had on wet jeans from his butt down to his ankles. Wet pants in a murder where the victim was found drowned in the water. It's damning unless there is an innocent explanation. We were throwing a Frisbee around and it went out in the lagoon. Well, the lagoon's only about two feet deep, so I waded out there and got it, and my pants were wet. I've never denied ever that my pants were wet. I'm smart enough that if I was going to make up a story I'd make up a better story than that. But I -- that's the truth. That's exactly what happened. The next morning, the bridge tender finds Shelly's body mutilated and -- and she's naked and she's dead. As police swarm the crime scene, just five miles away at jack Pearcy's house, it's a busy morning. Everybody there says that jack has suddenly decided to take a road trip. I think people found it strange, that the very next day you headed down to Miami. Well -- With jack. We got up next morning, jack says, I want to go to Miami. Now, I wanted to see Miami. I have never seen Miami. You know, you see it on T.V. What was that show with don Johnson? Miami vice. Miami vice, yeah. You know, you see all the colors and everything. And I just wanted to see it. Oza Shaw and James Dailey share a hotel room. They both check in using their real name, and then jack Pearcy checks in under an alias. But for all his interest in "Miami vice," James Dailey doesn't do much sight seeing. Just 24 hours later, he's gone. Jack drove me to the bus station. I bought my ticket, got on a bus. I didn't think anything about it, you know? I was ready to move on. James Dailey got his stuff and went out to California. Jack Pearcy drove to Kansas by way of Colorado, and that's where he was ultimately picked up. Mr. Pearcy was arrested first, and he at that time gave statements, made admissions, and for the most part was putting the onus on James Dailey as the main actor in this crime. Every time you lie, them baby
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