1 00:00:07,907 --> 00:00:10,208 [female narrator] in the wilderness of montana, 2 00:00:10,277 --> 00:00:13,379 An outdoorsman is killed on his neighbor's land. 3 00:00:20,754 --> 00:00:24,923 I noticed what looked like a gunshot wound to his hand 4 00:00:24,991 --> 00:00:28,260 And a gunshot wound that hit his vest. 5 00:00:28,328 --> 00:00:31,196 [narrator] but was the shooting justified? 6 00:00:31,265 --> 00:00:35,400 He reached for a gun, so he drew first and shot him. 7 00:00:35,469 --> 00:00:38,537 He said it was in self-defense. 8 00:00:38,605 --> 00:00:40,539 When someone's shot in the back, how is it self-defense? 9 00:00:42,075 --> 00:00:43,575 [narrator] the investigation reveals 10 00:00:43,577 --> 00:00:46,878 A bitter and escalating feud. 11 00:00:46,880 --> 00:00:48,746 [dan] he wanted to be king of the mountain. 12 00:00:48,816 --> 00:00:50,082 He wanted to run the place. 13 00:00:56,457 --> 00:00:58,157 [narrator] it's a case that proves 14 00:00:58,159 --> 00:01:01,126 Fences might make good neighbors... 15 00:01:01,195 --> 00:01:05,230 But sometimes they can start a war. 16 00:01:05,298 --> 00:01:08,133 [leo] both were packing weapons openly 17 00:01:08,201 --> 00:01:10,668 And were ready for trouble. 18 00:01:10,738 --> 00:01:13,205 It was a constant fight and battle up there. 19 00:01:13,273 --> 00:01:15,006 [dan] he said the next time you see him, 20 00:01:15,075 --> 00:01:16,675 It's gonna be in a body bag. 21 00:01:16,743 --> 00:01:17,676 [gunshot] 22 00:01:18,312 --> 00:01:24,383 [theme music] 23 00:01:28,722 --> 00:01:30,622 [music] 24 00:01:30,691 --> 00:01:32,124 [narrator] nestled in the foothills 25 00:01:32,192 --> 00:01:34,660 Of montana's flathead national forest 26 00:01:34,728 --> 00:01:39,164 Is a remote getaway known as diamond bar x. 27 00:01:39,232 --> 00:01:41,733 [dan] it's a, uh, sportsman's paradise. 28 00:01:41,802 --> 00:01:44,236 There's a couple of rivers that run through the area, 29 00:01:44,304 --> 00:01:46,404 The dearborn river in falls creek. 30 00:01:46,473 --> 00:01:49,608 There's hunting, fishing, backpacking, 31 00:01:49,676 --> 00:01:51,276 Horseback riding, 32 00:01:51,278 --> 00:01:54,246 Any kind of outdoor recreation. 33 00:01:54,314 --> 00:01:55,214 [jerome] people are down home. 34 00:01:55,282 --> 00:01:58,183 It's a very nice, small, tightknit community. 35 00:02:02,523 --> 00:02:05,557 [narrator] but on October 18th, 2013, 36 00:02:05,626 --> 00:02:07,559 The serenity is threatened 37 00:02:07,628 --> 00:02:08,460 When the local sheriff's department 38 00:02:08,529 --> 00:02:13,665 Receives a 911 call from homeowner tani converse. 39 00:02:48,234 --> 00:02:51,069 We've had trouble in that area before 40 00:02:51,137 --> 00:02:54,406 With these two particular individuals. 41 00:02:54,474 --> 00:02:57,509 She was concerned that there was trouble 42 00:02:57,578 --> 00:03:00,245 And she wanted somebody right away. 43 00:03:00,313 --> 00:03:02,314 [narrator] tani says her husband, joe campbell, 44 00:03:02,382 --> 00:03:04,616 Is still arguing with tim, 45 00:03:04,685 --> 00:03:08,153 And she's afraid things might get out of hand. 46 00:03:08,221 --> 00:03:13,825 Unfortunately, the nearest deputy is over 20 miles away. 47 00:03:15,662 --> 00:03:18,797 The response to this area is very difficult. 48 00:03:18,865 --> 00:03:21,633 You get to go on, uh, a highway partway, 49 00:03:21,702 --> 00:03:24,936 Then the road turns to gravel, 50 00:03:25,005 --> 00:03:27,572 And then it turns to dirt. 51 00:03:27,641 --> 00:03:30,275 I called in and I was told that there were two males 52 00:03:30,343 --> 00:03:33,145 In a verbal argument at table mountain, 53 00:03:33,213 --> 00:03:34,646 Joe campbell and tim newman, 54 00:03:34,715 --> 00:03:36,915 And they needed me to go out and, and talk with them. 55 00:03:38,151 --> 00:03:40,385 [narrator] before deputy steiner can get there, 56 00:03:40,454 --> 00:03:42,221 A second call comes in. 57 00:03:42,289 --> 00:03:43,355 [gunshot] 58 00:04:00,774 --> 00:04:03,709 [sirens wailing] [radio chatter] 59 00:04:03,777 --> 00:04:07,379 That stepped up that response from the deputy 60 00:04:07,447 --> 00:04:10,549 Who run lights and sirens to get there. 61 00:04:10,617 --> 00:04:14,653 It took me about 20, 25 minutes to, to get out to that area. 62 00:04:14,721 --> 00:04:16,388 Once I crested the top of the hill, um, 63 00:04:16,456 --> 00:04:19,424 I was able to see, uh, see the two individuals. 64 00:04:19,492 --> 00:04:21,693 I saw joe campbell standing on, uh, 65 00:04:21,762 --> 00:04:24,396 The opposite side of a cattle gate, 66 00:04:24,464 --> 00:04:27,399 And then lying on the ground was tim newman. 67 00:04:31,271 --> 00:04:32,604 [narrator] on the ground near tim 68 00:04:32,673 --> 00:04:38,376 Is a .357 revolver and a pair of bolt cutters. 69 00:04:38,445 --> 00:04:41,279 Campbell's gun, a semiautomatic pistol, 70 00:04:41,347 --> 00:04:43,582 Is resting in his holster. 71 00:04:46,352 --> 00:04:48,119 I started to walk up towards the gate 72 00:04:48,121 --> 00:04:49,253 And just talking to joe, 73 00:04:49,255 --> 00:04:50,422 Telling him to keep his hands up 74 00:04:50,490 --> 00:04:51,823 Where I could see his hands, 75 00:04:51,892 --> 00:04:53,458 And told him not to make any movements. 76 00:04:53,526 --> 00:04:56,295 And then I, I checked on tim. 77 00:04:56,363 --> 00:04:58,296 [leo] tim was laying on his back 78 00:04:58,365 --> 00:05:01,033 With his hands outstretched. 79 00:05:01,101 --> 00:05:05,737 I noticed what looked like a gunshot wound to his hand 80 00:05:05,806 --> 00:05:09,340 And a gunshot wound that hit his vest. 81 00:05:09,410 --> 00:05:11,543 I tried for a pulse. 82 00:05:11,611 --> 00:05:14,079 I didn't feel any pulse, didn't see any breath movements. 83 00:05:14,147 --> 00:05:17,616 And so I knew he had been passed away for a little while. 84 00:05:17,684 --> 00:05:18,950 [leo] how did this end? 85 00:05:19,019 --> 00:05:21,653 And how come it ended where we have 86 00:05:21,722 --> 00:05:25,490 Tim newman dead on this road? 87 00:05:25,558 --> 00:05:30,028 [music] 88 00:05:31,998 --> 00:05:34,966 [narrator] born on August 27th, 1960, 89 00:05:35,035 --> 00:05:39,771 Timothy bruce newman always had a passion for the outdoors. 90 00:05:39,840 --> 00:05:42,440 Tim, I believe, was born in california. 91 00:05:42,509 --> 00:05:44,843 Uh, spent his, his early childhood there. 92 00:05:44,911 --> 00:05:46,711 And as he was starting out in life 93 00:05:46,780 --> 00:05:49,681 And discovering what he wanted to do, 94 00:05:49,750 --> 00:05:54,753 I know he came to montana a few times as a young man. 95 00:05:54,821 --> 00:05:56,488 Uh, he's got family in eastern montana, 96 00:05:56,556 --> 00:05:59,090 Multigenerational ranchers over there. 97 00:05:59,092 --> 00:06:01,093 I think that's how he fell in love with the place, 98 00:06:01,161 --> 00:06:04,863 And he was looking for his own piece of paradise. 99 00:06:07,400 --> 00:06:09,400 [narrator] tim especially loved an area 100 00:06:09,402 --> 00:06:11,636 Known as the bob marshall wilderness, 101 00:06:11,704 --> 00:06:14,506 Which locals call "the bob." 102 00:06:14,574 --> 00:06:18,944 The bob is one of the largest wilderness areas. 103 00:06:19,012 --> 00:06:21,246 Horseback or foot is the only way in there. 104 00:06:21,314 --> 00:06:25,584 It's pristine wilderness the way it was 10,000 years ago. 105 00:06:28,121 --> 00:06:30,722 [narrator] in 2001, tim fulfilled his dream 106 00:06:30,790 --> 00:06:32,524 Of moving to montana 107 00:06:32,592 --> 00:06:36,495 After his first marriage ended in divorce. 108 00:06:36,497 --> 00:06:37,995 [dan] he had moved to great falls, 109 00:06:38,065 --> 00:06:40,432 And he had become an electrician. 110 00:06:40,500 --> 00:06:43,535 And he was looking for a cabin to build or remodel. 111 00:06:43,603 --> 00:06:45,102 [sue] he had a successful business. 112 00:06:45,104 --> 00:06:46,738 I guess I partly base that on the fact 113 00:06:46,807 --> 00:06:49,374 That he was able to buy a place up the diamond bar x, 114 00:06:49,442 --> 00:06:50,842 To have an extra home. 115 00:06:52,545 --> 00:06:55,113 Tim was great friends with my parents. 116 00:06:55,181 --> 00:06:58,316 Tim had recently purchased his property. 117 00:06:58,385 --> 00:07:01,553 And as a cabin owner, my dad and tim 118 00:07:01,621 --> 00:07:03,621 Had just a ton of interests together, 119 00:07:03,690 --> 00:07:06,124 And so they just automatically clicked. 120 00:07:06,192 --> 00:07:08,260 The love of horses, love of the land. 121 00:07:08,328 --> 00:07:09,561 Hunting, fishing. 122 00:07:09,629 --> 00:07:11,496 They really hit it off. 123 00:07:11,565 --> 00:07:13,532 [michael] he was a avid hunter. 124 00:07:13,600 --> 00:07:15,934 Loved being in the rocky mountains. 125 00:07:16,002 --> 00:07:18,970 And that cabin afforded him the ability to do that. 126 00:07:22,642 --> 00:07:24,275 [narrator] tim's cabin had fallen 127 00:07:24,277 --> 00:07:26,210 Into disrepair over the years, 128 00:07:26,279 --> 00:07:30,682 So he spent most of his free time renovating it. 129 00:07:30,750 --> 00:07:33,484 In diamond bar x, he found a community 130 00:07:33,554 --> 00:07:36,721 Full of kindred spirits. 131 00:07:36,723 --> 00:07:40,559 Everybody had the same interests and the same mindset 132 00:07:40,561 --> 00:07:42,460 To come up on the weekends, 133 00:07:42,529 --> 00:07:44,195 Enjoy your cabin, enjoy your friends, 134 00:07:44,264 --> 00:07:46,030 Enjoy your neighbors. 135 00:07:46,099 --> 00:07:49,201 It was very friendly. The bottom bar was open, 136 00:07:49,269 --> 00:07:51,569 And they had a restaurant there and everything. 137 00:07:51,638 --> 00:07:53,972 And everybody'd stop and visit and stuff 138 00:07:54,040 --> 00:07:56,842 And then head on up to their cabins for the weekend. 139 00:07:58,778 --> 00:08:01,813 [michael] tim was a great guy. He was one of those persons 140 00:08:01,881 --> 00:08:03,481 That would do anything. 141 00:08:03,483 --> 00:08:05,216 He'd give you the shirt off his back. 142 00:08:05,285 --> 00:08:08,186 Tim was just, uh, a kindhearted soul, I believe. 143 00:08:12,192 --> 00:08:15,960 [narrator] in 2003, tim's neighbors repaid his kindness 144 00:08:15,962 --> 00:08:20,532 By setting him up on a date with a divorcee named jackie. 145 00:08:21,635 --> 00:08:24,769 [dan] tim and jackie were both freshly divorced 146 00:08:24,771 --> 00:08:27,339 Off of other marriages, and they fell in love, 147 00:08:27,407 --> 00:08:29,841 And they found their soulmate. 148 00:08:29,910 --> 00:08:31,309 [michael] jackie's a beautiful lady, 149 00:08:31,377 --> 00:08:36,247 And I know that tim, uh, loved and respected her, 150 00:08:36,316 --> 00:08:37,849 Not only for her physical beauty, 151 00:08:37,918 --> 00:08:40,485 But she's a very beautiful person on the inside, 152 00:08:40,553 --> 00:08:42,720 Very, very caring and giving person. 153 00:08:42,789 --> 00:08:45,857 Tim proposed to jackie after, uh, only two weeks. 154 00:08:47,360 --> 00:08:51,996 [narrator] in may 2004, tim and jackie got married. 155 00:08:51,998 --> 00:08:54,766 They lived and worked in nearby great falls, 156 00:08:54,834 --> 00:08:57,568 But spent their weekends in diamond bar x, 157 00:08:57,570 --> 00:09:02,206 Transforming the cabin into their dream vacation home. 158 00:09:02,208 --> 00:09:03,942 They were both very hard workers, 159 00:09:04,010 --> 00:09:06,478 And they would set a goal and work together 160 00:09:06,546 --> 00:09:07,912 To obtain those goals. 161 00:09:07,980 --> 00:09:10,549 All the work that they did is just incredible. 162 00:09:10,617 --> 00:09:12,283 If you could see before and after pictures, 163 00:09:12,352 --> 00:09:15,119 It's, it's amazing. 164 00:09:15,121 --> 00:09:16,555 [michael] you could see they were soulmates. 165 00:09:16,623 --> 00:09:17,856 They belonged together. 166 00:09:17,924 --> 00:09:19,991 They belonged up there. 167 00:09:20,060 --> 00:09:23,261 This was just kind of their, uh, heaven on earth. 168 00:09:25,499 --> 00:09:27,999 [music] 169 00:09:28,068 --> 00:09:32,236 [narrator] but now, those dreams have been shattered. 170 00:09:32,238 --> 00:09:36,540 Tim is lying dead on the trail to his beloved wilderness-- 171 00:09:36,610 --> 00:09:40,979 Shot by one of his neighbors, joe campbell. 172 00:09:41,047 --> 00:09:42,914 [jerome] joe is standing there with his hands up. 173 00:09:42,983 --> 00:09:44,816 I had a thing of, like, how am I going to get him 174 00:09:44,884 --> 00:09:46,517 To come through the fence 175 00:09:46,586 --> 00:09:47,585 Without him putting his hands down, 176 00:09:47,653 --> 00:09:50,254 Because it would get too close to his gun for me. 177 00:09:50,256 --> 00:09:52,924 So, I explained to him to keep his hands on his fence 178 00:09:52,993 --> 00:09:55,427 And put the holster next to the gate, 179 00:09:55,495 --> 00:09:57,195 So I can unholster his gun. 180 00:09:57,263 --> 00:09:59,631 When I removed joe's, uh, gun from his holster, 181 00:09:59,699 --> 00:10:01,465 The magazine was still in the gun 182 00:10:01,535 --> 00:10:03,701 And there was one in the chamber. 183 00:10:03,770 --> 00:10:08,840 Joe relayed to me that tim pulled a gun on him, 184 00:10:08,908 --> 00:10:10,976 And that joe said he had defended himself. 185 00:10:12,278 --> 00:10:13,745 [leo] we know that there's history. 186 00:10:13,813 --> 00:10:17,115 We'd been there multiple times. 187 00:10:17,183 --> 00:10:19,784 This is something that we had hoped, uh, 188 00:10:19,852 --> 00:10:22,120 For a day that would never come. 189 00:10:22,188 --> 00:10:24,355 So, we are at an index of suspicion 190 00:10:24,424 --> 00:10:28,193 That we needed to investigate this very thoroughly. 191 00:10:29,295 --> 00:10:30,628 [jerome] there's two sides to the story. 192 00:10:30,696 --> 00:10:32,063 We were able to talk to one. 193 00:10:33,800 --> 00:10:35,199 [narrator] coming up, 194 00:10:35,268 --> 00:10:39,503 Investigators learn more about a longstanding feud. 195 00:10:39,573 --> 00:10:41,705 [joselyn] he right away said, "that's private property, 196 00:10:41,707 --> 00:10:45,243 And you can't trespass on my property." 197 00:10:45,311 --> 00:10:49,413 And grabbed the shotgun and pointed it at us. 198 00:10:49,482 --> 00:10:54,152 [narrator] and one story isn't quite adding up. 199 00:10:54,220 --> 00:10:57,088 I think it was staged after the fact. 200 00:10:59,926 --> 00:11:04,029 [theme music] 201 00:11:13,273 --> 00:11:15,072 [narrator] montana sheriffs are investigating 202 00:11:15,141 --> 00:11:18,376 The death of 53-year-old tim newman, 203 00:11:18,444 --> 00:11:20,311 Who was shot during an altercation 204 00:11:20,380 --> 00:11:24,149 In the remote area of diamond bar x. 205 00:11:25,118 --> 00:11:28,352 Who shot him is no mystery. 206 00:11:28,421 --> 00:11:31,689 Tim's neighbor, 67-year-old joe campbell, 207 00:11:31,758 --> 00:11:35,560 Has already admitted to pulling the trigger in self-defense. 208 00:11:36,897 --> 00:11:38,362 [leo] when I got there, 209 00:11:38,431 --> 00:11:42,233 Joe was in the back of deputy steiner's vehicle. 210 00:11:42,302 --> 00:11:44,302 He seemed emotional, as you would expect. 211 00:11:44,370 --> 00:11:47,138 He was just in a shooting. 212 00:11:47,207 --> 00:11:49,507 At that point, I read joe his miranda rights, 213 00:11:49,575 --> 00:11:51,276 And he agreed to talk without a lawyer present. 214 00:12:06,392 --> 00:12:08,092 He was angry that he'd been handcuffed 215 00:12:08,160 --> 00:12:10,328 'cause he felt that it was self-defense, 216 00:12:10,396 --> 00:12:12,831 And he shouldn't have been handcuffed. 217 00:12:12,833 --> 00:12:15,399 I'd never really talked to joe before, 218 00:12:15,468 --> 00:12:18,035 So I have to use that moment in time 219 00:12:18,104 --> 00:12:20,404 And all my years of service 220 00:12:20,473 --> 00:12:24,042 To figure out, okay, is this guy telling me the truth or not? 221 00:12:27,046 --> 00:12:28,813 [narrator] according to campbell, 222 00:12:28,881 --> 00:12:32,950 This isn't the first time he's locked horns with tim newman. 223 00:12:33,019 --> 00:12:35,052 He says the shooting was the culmination 224 00:12:35,121 --> 00:12:38,089 Of a longstanding feud. 225 00:12:38,157 --> 00:12:42,360 Joe campbell came into the area in 1998. 226 00:12:42,362 --> 00:12:44,762 Tim and joe used to get along. 227 00:12:44,831 --> 00:12:48,532 [michael] he did mention that when he first met joe campbell, 228 00:12:48,601 --> 00:12:50,901 He seemed alright. 229 00:12:50,971 --> 00:12:53,271 Seemed like he was just gonna be another guy up there with horses 230 00:12:53,339 --> 00:12:55,439 And an outdoorsman and a hunter. 231 00:12:55,441 --> 00:12:58,042 Then, uh, he partnered up with someone else. 232 00:12:58,044 --> 00:13:00,544 So, they, they bought up all the land up there 233 00:13:00,613 --> 00:13:01,879 That was available. 234 00:13:01,948 --> 00:13:04,315 And that's when things started to change. 235 00:13:05,585 --> 00:13:09,587 Joe bought up land and didn't want anybody crossing it. 236 00:13:09,655 --> 00:13:11,255 Tim took offense to that, 237 00:13:11,324 --> 00:13:15,226 And that's where the dispute came out. 238 00:13:15,295 --> 00:13:17,461 [jerome] tim newman believed that there were some trails 239 00:13:17,530 --> 00:13:20,665 That were public access to get into the forest service 240 00:13:20,733 --> 00:13:23,868 Where joe campbell believed that public access 241 00:13:23,937 --> 00:13:26,237 Was not able to go through his land. 242 00:13:27,707 --> 00:13:31,909 There was a historical path that was called the pony trail 243 00:13:31,978 --> 00:13:35,880 That people probably in the early 1900s 244 00:13:35,882 --> 00:13:37,982 Had gone on this area. 245 00:13:38,051 --> 00:13:40,051 It's a way to get to public land 246 00:13:40,119 --> 00:13:42,386 And go through joe's land. 247 00:13:42,455 --> 00:13:45,289 He felt that people were abusing the privilege 248 00:13:45,358 --> 00:13:47,158 Of crossing his land 249 00:13:47,226 --> 00:13:50,027 And not respecting whatever he had, 250 00:13:50,096 --> 00:13:52,663 So he locked the gates, said, "no more. 251 00:13:52,732 --> 00:13:55,166 I don't want anybody crossing." 252 00:13:55,234 --> 00:13:57,568 Tim newman felt he couldn't do that, 253 00:13:57,637 --> 00:14:00,504 That it was a historical easement. 254 00:14:00,573 --> 00:14:02,841 There was no easement. There was nothing. 255 00:14:02,909 --> 00:14:05,175 But I think he was just determined 256 00:14:05,177 --> 00:14:07,478 That that's the way he was going to go. 257 00:14:12,352 --> 00:14:15,787 [narrator] campbell says after purchasing the land in 2000, 258 00:14:15,855 --> 00:14:19,791 The feud heated up when tim cut the locks he'd installed 259 00:14:19,859 --> 00:14:22,393 And reopened the path. 260 00:14:22,462 --> 00:14:25,696 He'd caught tim before moving across his land. 261 00:14:25,698 --> 00:14:28,466 Code of the west, you just don't go crossing 262 00:14:28,534 --> 00:14:32,203 People's private land without talking to them, 263 00:14:32,271 --> 00:14:36,574 Acquiring permission. There's laws about trespassing. 264 00:14:36,643 --> 00:14:40,478 Joe felt that tim was not respecting him, 265 00:14:40,546 --> 00:14:44,482 And joe was calling the sheriff's office. 266 00:14:44,550 --> 00:14:47,085 Everyone knew that joe and tim were fighting all the time. 267 00:14:47,087 --> 00:14:50,588 I mean, it was a common occurrence up there. 268 00:14:50,656 --> 00:14:52,757 Tim would cut a lock. Joe would put a new one on. 269 00:14:52,825 --> 00:14:55,526 Tim would cut a lock. Joe would put a new one on. 270 00:14:55,595 --> 00:14:58,328 [leo] it just kept escalating and escalating. 271 00:14:58,330 --> 00:15:01,565 Newman forcing the issue and cutting locks 272 00:15:01,567 --> 00:15:05,336 And continuing to trespass, continuing to get tickets. 273 00:15:23,456 --> 00:15:25,123 [narrator] campbell tells investigators 274 00:15:25,125 --> 00:15:27,625 It all came to a head that afternoon, 275 00:15:27,694 --> 00:15:29,226 As he and his wife, tani, 276 00:15:29,295 --> 00:15:32,396 Were taking a walk along the access trail. 277 00:15:32,465 --> 00:15:34,899 Tim had been following them on a four-wheeler 278 00:15:34,967 --> 00:15:36,234 As they had been walking. 279 00:15:43,043 --> 00:15:44,708 [jerome] so then, uh, joe's wife, tani, 280 00:15:44,778 --> 00:15:48,146 Went down the hill to make the initial 911 call. 281 00:15:48,214 --> 00:15:49,881 [narrator] a moment later, campbell says, 282 00:15:49,949 --> 00:15:55,152 Tim approached brandishing a pair of bolt cutters and a gun. 283 00:15:55,221 --> 00:15:57,588 Joe said, "I told tim that I was armed 284 00:15:57,657 --> 00:16:00,491 Just so he would know that I was armed." 285 00:16:00,560 --> 00:16:02,860 [narrator] but the warning went unheeded. 286 00:16:36,696 --> 00:16:40,164 What he described initially was plausible. 287 00:16:40,233 --> 00:16:43,367 Was it possible? We didn't know. 288 00:16:43,369 --> 00:16:44,735 So, we didn't arrest him. 289 00:16:44,804 --> 00:16:47,238 We didn't take custody of him at that moment. 290 00:16:48,874 --> 00:16:51,975 Following the law, we had to let him go. 291 00:16:52,045 --> 00:16:56,547 There was not enough to overcome the law that said 292 00:16:56,616 --> 00:17:01,352 We have to prove that it wasn't self-defense. 293 00:17:01,420 --> 00:17:06,290 Our stand your ground law is extremely strong. 294 00:17:06,292 --> 00:17:11,629 If you are in reasonable fear of bodily injury, 295 00:17:11,697 --> 00:17:16,400 You get to use reasonable force to defend yourself, 296 00:17:16,468 --> 00:17:18,236 Including a weapon. 297 00:17:21,807 --> 00:17:23,707 [narrator] after taking campbell's statement, 298 00:17:23,776 --> 00:17:27,278 Detectives inspect the crime scene. 299 00:17:27,346 --> 00:17:28,779 We got together with the coroner, 300 00:17:28,848 --> 00:17:30,782 And once the death was pronounced, 301 00:17:30,850 --> 00:17:34,151 Then we were able to process, um, process tim. 302 00:17:34,220 --> 00:17:36,320 I hate to say it that way, but, you know, 303 00:17:36,389 --> 00:17:38,622 We start taking pictures of tim, 304 00:17:38,691 --> 00:17:42,192 Unzipping clothes, rolling, rolling over, taking pictures. 305 00:17:42,194 --> 00:17:44,895 Just seeing where everything is at. 306 00:17:44,897 --> 00:17:46,764 Crime scene was consistent because, you know, 307 00:17:46,832 --> 00:17:49,900 Joe talked about where tim had parked his four-wheeler, 308 00:17:49,902 --> 00:17:52,269 And there was a four-wheeler on scene. 309 00:17:52,338 --> 00:17:54,205 Joe talked about tim walking up to a gate, 310 00:17:54,273 --> 00:17:57,441 And tim was found within a few feet of the gate. 311 00:17:57,443 --> 00:18:00,077 Joe said he was on his property, on his side of the gate, 312 00:18:00,146 --> 00:18:02,780 And that's where joe and, and all the shell casings were. 313 00:18:04,083 --> 00:18:06,984 Next to tim was his, uh, revolver. 314 00:18:07,052 --> 00:18:10,420 It was a six-shot revolver laying on the ground. 315 00:18:10,490 --> 00:18:13,391 I didn't see any evidence of his gun being fired. 316 00:18:14,860 --> 00:18:16,794 [narrator] investigators collect the evidence 317 00:18:16,863 --> 00:18:21,699 And transport tim's body to the medical examiner for autopsy. 318 00:18:23,235 --> 00:18:25,903 Once the crime scene is secured, 319 00:18:25,905 --> 00:18:29,073 Officers turn their attention to joe's wife, tani, 320 00:18:29,141 --> 00:18:31,309 To corroborate his story. 321 00:18:32,712 --> 00:18:36,047 [leo] joe's wife was there to support joe. 322 00:18:36,115 --> 00:18:38,081 Tim newman was the instigator 323 00:18:38,151 --> 00:18:40,183 And tim newman was the aggressor 324 00:18:40,185 --> 00:18:44,355 And tim newman was the one who had caused all of this, 325 00:18:44,423 --> 00:18:47,859 And that joe had to act in self-defense. 326 00:18:51,597 --> 00:18:53,831 [narrator] less than an hour into the investigation, 327 00:18:53,899 --> 00:18:57,668 The case already appears to be closed. 328 00:18:57,737 --> 00:19:01,339 But not everyone believes joe's story. 329 00:19:01,341 --> 00:19:03,474 As we were leaving the area, uh, 330 00:19:03,543 --> 00:19:05,909 A female had flagged us down, and it was tim's wife. 331 00:19:05,979 --> 00:19:09,680 Someone had already told her that tim was dead. 332 00:19:09,749 --> 00:19:13,951 She was very sad, frustrated, angry, 333 00:19:14,020 --> 00:19:16,654 Mad at the situation. 334 00:19:16,722 --> 00:19:22,393 She was crying and said, "I asked tim not to do it." 335 00:19:24,964 --> 00:19:28,966 [theme music] 336 00:19:38,077 --> 00:19:41,578 [theme music] [narrator] hours after the fatal shooting of tim newman, 337 00:19:41,647 --> 00:19:45,316 Investigators accompany his grieving widow, jackie newman, 338 00:19:45,384 --> 00:19:48,786 Back to their idyllic cabin in the woods. 339 00:19:48,854 --> 00:19:51,022 They find a group of friends and neighbors 340 00:19:51,090 --> 00:19:53,624 Gathered there in support. 341 00:19:53,693 --> 00:19:56,727 [dan] sue called me, my wife, and told me what had happened, 342 00:19:56,796 --> 00:20:01,398 And within an hour and forty minutes, the word had spread. 343 00:20:01,467 --> 00:20:04,168 When I talked to jackie, 344 00:20:04,236 --> 00:20:08,238 She clearly was in mourning and distress. 345 00:20:08,240 --> 00:20:12,276 Jackie didn't say a lot to me, and I didn't expect her to. 346 00:20:12,345 --> 00:20:15,412 Just found out her husband had been killed. 347 00:20:15,481 --> 00:20:18,616 Crying, angry, everything that you would expect. 348 00:20:22,755 --> 00:20:25,356 [narrator] although no one saw the shooting, 349 00:20:25,424 --> 00:20:28,225 Several mourners think joe campbell made up 350 00:20:28,293 --> 00:20:31,262 His story of self-defense. 351 00:20:31,330 --> 00:20:35,466 It seems many of them have also had problems with campbell. 352 00:20:36,802 --> 00:20:39,903 They got the drift that joe campbell 353 00:20:39,972 --> 00:20:43,073 Had been pretty oppressive to these folks. 354 00:20:43,075 --> 00:20:45,776 [josslyn] I'm not sure what prompted the change in joe, 355 00:20:45,845 --> 00:20:51,415 But when people have an opportunity to behave badly 356 00:20:51,484 --> 00:20:53,650 And they get away with it, 357 00:20:53,719 --> 00:20:57,154 It emboldens them to continue that behavior. 358 00:20:57,222 --> 00:21:01,458 I believe he thought he could get away with murder. 359 00:21:01,527 --> 00:21:03,961 There was, uh, years of frustrations 360 00:21:04,029 --> 00:21:08,365 And years of confrontations leading up to that day. 361 00:21:08,434 --> 00:21:10,801 Joe was always rubbing everybody the wrong way 362 00:21:10,870 --> 00:21:14,938 And saying things and doing things by actions that 363 00:21:14,940 --> 00:21:17,474 Weren't part of the community up there 364 00:21:17,543 --> 00:21:20,011 That, uh, that we were all used to. 365 00:21:21,113 --> 00:21:24,014 [narrator] but it didn't start out that way. 366 00:21:24,083 --> 00:21:28,119 At first, joe and tani seemed to get along with everyone. 367 00:21:31,423 --> 00:21:33,824 They owned property up the hill from us. 368 00:21:33,893 --> 00:21:37,594 It's a little ways, as the crow flies. 369 00:21:37,663 --> 00:21:38,762 [dan] he worked for the forest service 370 00:21:38,831 --> 00:21:40,564 For a number of years, 371 00:21:40,633 --> 00:21:43,701 And then they had retired up to the diamond bar x. 372 00:21:43,769 --> 00:21:48,239 And tani was doing some computer work from home, 373 00:21:48,307 --> 00:21:49,973 Which back in those days nobody did, 374 00:21:49,975 --> 00:21:51,775 But now everybody's doing it. 375 00:21:51,844 --> 00:21:53,711 [sue] they did a lot of trail running, 376 00:21:53,779 --> 00:21:56,380 And so we'd see them go by our place and they'd wave. 377 00:21:56,448 --> 00:21:59,616 And we got married at the waterfall 378 00:21:59,685 --> 00:22:01,419 That's just below our place. 379 00:22:01,421 --> 00:22:02,920 And joe and tani were there, 380 00:22:02,988 --> 00:22:04,722 Just like all the other neighbors. 381 00:22:07,527 --> 00:22:09,359 [narrator] however, things took a turn 382 00:22:09,361 --> 00:22:12,730 Once campbell bought up all of the undeveloped property 383 00:22:12,798 --> 00:22:14,865 In the area. 384 00:22:14,934 --> 00:22:17,034 [sue] there was little over 600 acres 385 00:22:17,102 --> 00:22:19,937 Kind of patchworked all over the mountain. 386 00:22:20,005 --> 00:22:21,371 A lot here, a lot there. 387 00:22:21,373 --> 00:22:22,873 You know, some bigger chunks. 388 00:22:22,875 --> 00:22:24,308 [bruce] as soon as he got that other land, 389 00:22:24,376 --> 00:22:26,109 They just changed a hundred percent 390 00:22:26,179 --> 00:22:27,878 And wouldn't talk to ya. 391 00:22:27,947 --> 00:22:29,947 I mean, he'd just complain about everything. 392 00:22:30,015 --> 00:22:31,615 If you crossed any part of his land, 393 00:22:31,684 --> 00:22:32,917 He was havin' a fit. 394 00:22:36,222 --> 00:22:38,488 Campbell started putting up gates 395 00:22:38,558 --> 00:22:40,824 On all the roads that we had accessed. 396 00:22:40,893 --> 00:22:43,961 In particular, the trails and the roads we had used 397 00:22:44,029 --> 00:22:45,496 To access forest service land 398 00:22:45,564 --> 00:22:46,997 And claimed that he owned them 399 00:22:47,066 --> 00:22:49,433 And everybody who had been using them 400 00:22:49,501 --> 00:22:51,202 Didn't have that access. 401 00:22:52,271 --> 00:22:55,105 [dan] he can block off all these access points 402 00:22:55,107 --> 00:22:57,007 That we had used for years and years, 403 00:22:57,076 --> 00:22:58,709 And it had been a traditional use in there 404 00:22:58,778 --> 00:23:00,511 For a hundred years, 405 00:23:00,579 --> 00:23:02,779 And all we were doing is passing through his property 406 00:23:02,848 --> 00:23:05,082 Into the forest service. 407 00:23:05,150 --> 00:23:07,150 And he was gonna do whatever it took 408 00:23:07,152 --> 00:23:09,920 To stop people from going through his land. 409 00:23:11,924 --> 00:23:13,724 [narrator] tim newman wasn't the only one 410 00:23:13,793 --> 00:23:16,794 Who had a problem with the changes. 411 00:23:16,862 --> 00:23:19,796 There was some bad blood between joe campbell 412 00:23:19,798 --> 00:23:23,467 And anyone else that wanted to exercise their rights 413 00:23:23,535 --> 00:23:25,202 To enter the wilderness. 414 00:23:26,505 --> 00:23:27,804 Every place you'd go, you'd run into him, 415 00:23:27,873 --> 00:23:31,342 And he was always hollering at you to get back on the road. 416 00:23:31,410 --> 00:23:33,210 You gotta have permission to come up here. 417 00:23:36,115 --> 00:23:39,116 [narrator] neighbors say they tried reasoning with campbell, 418 00:23:39,184 --> 00:23:40,817 To no avail. 419 00:23:40,886 --> 00:23:43,987 We tried to have a community meeting 420 00:23:44,056 --> 00:23:44,788 To talk about it. 421 00:23:44,857 --> 00:23:47,558 He came to that community meeting 422 00:23:47,626 --> 00:23:51,061 And basically said, "I own the land. 423 00:23:51,129 --> 00:23:53,330 I can do what I want." 424 00:23:53,398 --> 00:23:55,732 [bruce] some people are greedy. 425 00:23:55,801 --> 00:23:57,400 He just wanted it all for himself 426 00:23:57,470 --> 00:24:01,705 And didn't want anybody else going anywhere on the land. 427 00:24:01,774 --> 00:24:03,140 Several times, he'd-- 428 00:24:03,209 --> 00:24:05,575 Campbell would stop people on their horses, 429 00:24:05,645 --> 00:24:07,578 And actually pointed guns at 'em, 430 00:24:07,646 --> 00:24:09,013 Told 'em to turn around. 431 00:24:38,744 --> 00:24:40,677 Then he had the incident with joe aberle 432 00:24:40,746 --> 00:24:42,880 And his daughter, josslyn aberle. 433 00:24:45,384 --> 00:24:47,517 [josslyn] my dad said, you know, "we'll take a ride." 434 00:24:47,519 --> 00:24:48,919 It was my last day in country before 435 00:24:48,988 --> 00:24:50,954 I had to fly back to iraq. 436 00:24:51,023 --> 00:24:55,058 There was an access for horses to go on the pony trail. 437 00:24:55,127 --> 00:24:58,061 And so we jumped on on our horses and, 438 00:24:58,130 --> 00:25:00,831 At that point, joe campbell had put up a gate 439 00:25:00,900 --> 00:25:05,368 And the lock on the pony trail, so we couldn't go any further. 440 00:25:05,370 --> 00:25:09,306 And as we approached the gate, 441 00:25:09,374 --> 00:25:12,409 He came running up to the gate, 442 00:25:12,477 --> 00:25:16,947 And he also had a shotgun 443 00:25:17,016 --> 00:25:20,017 That was leaned up against he post. 444 00:25:20,019 --> 00:25:22,585 And he right away said, "it's private property, 445 00:25:22,587 --> 00:25:25,923 And you can't trespass on my property." 446 00:25:25,991 --> 00:25:29,993 And he and my dad got into a verbal altercation. 447 00:25:30,062 --> 00:25:32,095 And joe grabbed the shotgun 448 00:25:32,164 --> 00:25:34,731 And started waving his hands and waving the shotgun 449 00:25:34,800 --> 00:25:36,933 To spook the horses. 450 00:25:37,002 --> 00:25:40,704 And then joe takes the shotgun and points it at us. 451 00:25:42,140 --> 00:25:43,240 I was scared. 452 00:25:43,308 --> 00:25:45,308 It was just so surreal. 453 00:25:45,310 --> 00:25:47,677 It, it was just like, you've got to be kidding. 454 00:25:47,747 --> 00:25:48,979 I'm coming back from iraq, 455 00:25:49,048 --> 00:25:51,815 Where I've had three tours where we get shot at every day. 456 00:25:51,884 --> 00:25:55,686 I said, "I'm here. I'm in my, my backyard. 457 00:25:55,754 --> 00:25:59,957 And this crazy man's waving a shotgun at us." 458 00:26:00,025 --> 00:26:03,493 I said, you know, "what the blank is going on?" 459 00:26:03,562 --> 00:26:04,828 My dad's determined. He says, 460 00:26:04,897 --> 00:26:06,263 "we have every right to go on these trails. 461 00:26:06,331 --> 00:26:07,965 We're going to go up." 462 00:26:08,033 --> 00:26:09,633 And I just told my dad, "you know what, dad?" 463 00:26:09,701 --> 00:26:11,168 I'm like, "let's stop. 464 00:26:11,236 --> 00:26:14,004 We'll go back, make a sheriff's report on this. 465 00:26:14,073 --> 00:26:15,972 I'm like, "I want this followed up on. 466 00:26:16,041 --> 00:26:18,608 I want to press charges." 467 00:26:18,610 --> 00:26:19,843 Crickets. 468 00:26:19,912 --> 00:26:21,412 Never heard anything again. 469 00:26:24,449 --> 00:26:26,550 [narrator] by September 2009, 470 00:26:26,618 --> 00:26:29,152 The situation had gotten so bad 471 00:26:29,221 --> 00:26:32,723 That a group of residents sought legal help. 472 00:26:32,791 --> 00:26:34,625 [sue] me and several of the neighbors 473 00:26:34,693 --> 00:26:37,794 Write a letter to the lewis and clark county attorney 474 00:26:37,863 --> 00:26:39,763 And the lewis and clark county sheriff 475 00:26:39,832 --> 00:26:42,299 To say we've had so many incidences up here 476 00:26:42,368 --> 00:26:44,301 And he's now pulled a weapon. 477 00:26:44,369 --> 00:26:47,705 Nothing's been done and someone's gonna get shot. 478 00:26:48,874 --> 00:26:50,674 [dan] we were told, unfortunately, 479 00:26:50,743 --> 00:26:53,310 That it was a civil problem. 480 00:26:53,378 --> 00:26:58,115 But in my mind, pulling a gun on a guy is a criminal offense. 481 00:26:58,183 --> 00:27:00,817 They never charged him with anything. 482 00:27:00,886 --> 00:27:03,720 We thought, okay, before violence comes to it, 483 00:27:03,789 --> 00:27:05,188 We'll just fight him legally. 484 00:27:05,257 --> 00:27:06,790 So, we did that. 485 00:27:06,858 --> 00:27:08,792 We decided to pool our money, 486 00:27:08,861 --> 00:27:10,427 Whoever wanted to get involved in it, 487 00:27:10,495 --> 00:27:14,765 And, and fight him legally with a, a lawsuit. 488 00:27:14,833 --> 00:27:16,900 So, there was ten families. 489 00:27:16,968 --> 00:27:18,568 Tim did become involved in that. 490 00:27:18,570 --> 00:27:20,170 He was one of the original ten. 491 00:27:22,407 --> 00:27:25,642 [narrator] but a costly court battle with a wealthy landowner 492 00:27:25,710 --> 00:27:28,611 Proved impossible to sustain. 493 00:27:28,681 --> 00:27:30,914 After that pool of money was spent, 494 00:27:30,983 --> 00:27:32,783 We had to go back to each cabin owner and say, 495 00:27:32,851 --> 00:27:35,418 "okay, we're out of money. We need more time. 496 00:27:35,488 --> 00:27:37,320 Is everybody still in?" 497 00:27:37,389 --> 00:27:39,590 We lost two or three, I think. Tim was one of 'em. 498 00:27:39,658 --> 00:27:42,226 He said, "I just can't afford to do this anymore." 499 00:27:44,663 --> 00:27:45,962 [narrator] that's when tim decided 500 00:27:46,031 --> 00:27:49,866 To take the direct approach. 501 00:27:49,935 --> 00:27:52,102 [michael] he was just frustrated. 502 00:27:52,171 --> 00:27:53,670 Tim thought, "I'll just get in trouble 503 00:27:53,738 --> 00:27:56,674 So I can get in front of a judge and assert my rights." 504 00:27:56,742 --> 00:27:58,609 And he did that by cutting chains and locks 505 00:27:58,677 --> 00:28:00,411 And opening gates. 506 00:28:02,181 --> 00:28:03,980 That was his civil disobedience, 507 00:28:04,049 --> 00:28:07,384 And for all the other cabin owners to gain access. 508 00:28:07,453 --> 00:28:09,052 He was doing it for everybody. 509 00:28:09,054 --> 00:28:10,821 'cause that's the kind of guy tim was. 510 00:28:13,692 --> 00:28:16,927 [narrator] neighbors say tim's plan seemed to work. 511 00:28:16,995 --> 00:28:19,162 After several trespassing charges, 512 00:28:19,231 --> 00:28:22,533 He was set to face campbell in court that October. 513 00:28:23,902 --> 00:28:26,236 But it never came to pass. 514 00:28:26,304 --> 00:28:29,840 On August 14th, two months before the shooting, 515 00:28:29,908 --> 00:28:32,008 The lewis and clark county attorney's office 516 00:28:32,077 --> 00:28:34,944 Made a motion to drop the criminal charges, 517 00:28:34,946 --> 00:28:38,048 Deciding it was a civil matter. 518 00:28:38,117 --> 00:28:40,283 That's when things started to really go sour 519 00:28:40,285 --> 00:28:42,052 Between joe campbell and tim. 520 00:28:42,954 --> 00:28:44,287 [dan] when joe campbell found out 521 00:28:44,289 --> 00:28:45,923 That the charges were dropped, 522 00:28:45,925 --> 00:28:50,060 He became very irate and made threats to people like, 523 00:28:50,129 --> 00:28:53,063 "the next time you see tim, it's gonna be in a body bag." 524 00:28:54,933 --> 00:28:56,900 And those were his exact words. 525 00:28:56,969 --> 00:28:58,802 [narrator] it didn't take long for tim 526 00:28:58,871 --> 00:29:01,438 To hear about campbell's threats. 527 00:29:01,506 --> 00:29:04,374 A group of us got together and tim had a gun. 528 00:29:04,443 --> 00:29:06,943 It was my understanding that a neighbor asked him about it, 529 00:29:07,012 --> 00:29:08,579 And he said, "I'm carrying it because 530 00:29:08,647 --> 00:29:09,913 "I'm afraid of joe campbell. 531 00:29:09,982 --> 00:29:12,415 I'm afraid he's gonna pull a gun on me." 532 00:29:12,417 --> 00:29:15,952 Both were packing weapons openly. 533 00:29:16,021 --> 00:29:18,355 And they were ready for trouble. 534 00:29:19,724 --> 00:29:21,291 [narrator] coming up, 535 00:29:21,360 --> 00:29:26,062 Forensic evidence tells tim newman's side of the story. 536 00:29:26,131 --> 00:29:28,965 That's where our alarm bells went off. 537 00:29:29,034 --> 00:29:29,966 This is wrong. 538 00:29:30,035 --> 00:29:31,568 This didn't happen the way he said. 539 00:29:31,636 --> 00:29:35,138 [narrator] but his killer might get away with it. 540 00:29:35,140 --> 00:29:36,807 [bruce] there was a lot of people upset about it, 541 00:29:36,875 --> 00:29:38,909 But you didn't know if you're gonna be next. 542 00:29:39,878 --> 00:29:43,947 [theme music] 543 00:29:52,190 --> 00:29:54,057 [narrator] after interviewing the other residents 544 00:29:54,126 --> 00:29:56,026 Of diamond bar x, 545 00:29:56,094 --> 00:29:59,129 Detectives reexamine joe campbell's claim 546 00:29:59,197 --> 00:30:02,566 That he killed tim newman in self-defense. 547 00:30:03,569 --> 00:30:07,104 [zander] there had been a longtime dispute, 548 00:30:07,172 --> 00:30:09,239 Not just with tim newman, 549 00:30:09,308 --> 00:30:12,576 But with a vast number of the people 550 00:30:12,578 --> 00:30:14,945 At the residence up there. 551 00:30:16,848 --> 00:30:19,482 [narrator] but if they're going to charge campbell with a crime, 552 00:30:19,551 --> 00:30:24,087 Investigators need more than a rumor of threats. 553 00:30:24,156 --> 00:30:27,024 Self-defense in montana is implied. 554 00:30:27,092 --> 00:30:30,093 We need to prove beyond a shadow of a doubt 555 00:30:30,162 --> 00:30:33,330 It wasn't self-defense by the forensic evidence. 556 00:30:36,468 --> 00:30:38,068 [narrator] the day after the shooting, 557 00:30:38,070 --> 00:30:41,438 The state medical examiner conducts an autopsy. 558 00:30:41,506 --> 00:30:43,206 Police are hoping the results 559 00:30:43,208 --> 00:30:45,142 Will give them an objective account 560 00:30:45,210 --> 00:30:47,878 Of how tim was shot. 561 00:30:47,946 --> 00:30:51,981 Mister, uh, campbell described that the confrontation 562 00:30:52,051 --> 00:30:53,684 Happened right at the gate. 563 00:30:53,752 --> 00:30:57,320 Mr. Newman reached down to pull out his gun 564 00:30:57,389 --> 00:31:00,123 And then mr. Campbell shot. 565 00:31:00,192 --> 00:31:02,359 And he shot him in the hand. 566 00:31:02,427 --> 00:31:04,327 And then, as he spun, he was firing another one 567 00:31:04,396 --> 00:31:06,463 And shot him in the back. 568 00:31:11,903 --> 00:31:14,805 The first shot that we looked at 569 00:31:14,873 --> 00:31:17,574 Was the one that hit him in the spine. 570 00:31:17,642 --> 00:31:21,311 The angle indicated opposite of what he said. 571 00:31:25,550 --> 00:31:29,920 That's where our alarm bells went off of, this is wrong. 572 00:31:29,988 --> 00:31:32,355 This didn't happen the way he said. 573 00:31:32,424 --> 00:31:34,090 [narrator] did the stress of the moment 574 00:31:34,159 --> 00:31:36,626 Cause campbell to misremember? 575 00:31:36,695 --> 00:31:41,331 Or is he covering up a coldblooded murder? 576 00:31:41,400 --> 00:31:45,101 To find out, detectives bring him in for another interview 577 00:31:45,170 --> 00:31:47,304 On October 28th. 578 00:31:48,507 --> 00:31:51,608 When you interview someone right after something happens, 579 00:31:51,676 --> 00:31:56,446 There can be times where there are truly a memory blank. 580 00:31:56,515 --> 00:32:00,450 We did say, "joe, what you're telling us 581 00:32:00,519 --> 00:32:04,020 "doesn't line up with what we found with the autopsy. 582 00:32:04,089 --> 00:32:06,389 "can you tell us again? Tell us about this, 583 00:32:06,391 --> 00:32:09,259 Because what you're saying doesn't, doesn't add up." 584 00:32:12,297 --> 00:32:13,964 [narrator] despite the discrepancies, 585 00:32:14,032 --> 00:32:16,099 Campbell sticks to his story. 586 00:32:49,835 --> 00:32:53,370 [zander] it's extremely hard to prove a criminal case 587 00:32:53,438 --> 00:32:58,107 Unless you've got some super physical fact 588 00:32:58,109 --> 00:33:00,243 That countermands everything else. 589 00:33:00,245 --> 00:33:03,546 If you can show that physically it had to happen, 590 00:33:03,548 --> 00:33:05,382 You're going to have a lot better chance of 591 00:33:05,450 --> 00:33:09,185 Removing all reasonable doubt. 592 00:33:09,254 --> 00:33:11,354 We need to take the forensic evidence 593 00:33:11,356 --> 00:33:13,924 And have someone that can do ballistics 594 00:33:13,992 --> 00:33:18,261 And reenact this type of thing where the evidence was found. 595 00:33:20,165 --> 00:33:21,664 [narrator] the district attorney's office 596 00:33:21,733 --> 00:33:24,534 Hires a forensics team to do the reconstruction 597 00:33:24,603 --> 00:33:27,637 In the exact same circumstances. 598 00:33:27,706 --> 00:33:31,641 But mother nature doesn't cooperate with their plan. 599 00:33:31,643 --> 00:33:33,776 This was a time of year where 600 00:33:33,778 --> 00:33:37,114 It was beginning to get into the fall. 601 00:33:37,182 --> 00:33:38,314 It snowed. 602 00:33:38,383 --> 00:33:40,150 We weren't able to get up there. 603 00:33:44,223 --> 00:33:45,488 [narrator] for several months, 604 00:33:45,557 --> 00:33:49,292 The answers lie buried beneath the snow. 605 00:33:49,294 --> 00:33:52,862 And joe campbell remains a free man. 606 00:33:52,864 --> 00:33:55,665 There was a lot of people that were very upset 607 00:33:55,734 --> 00:33:58,368 That he didn't get arrested and go to jail. 608 00:33:59,604 --> 00:34:01,504 [dan] the feeling up there then was, 609 00:34:01,573 --> 00:34:03,272 There's a guy living up here 610 00:34:03,342 --> 00:34:06,175 That's capable of killing somebody, 611 00:34:06,245 --> 00:34:07,510 Shooting him in the back. 612 00:34:07,579 --> 00:34:09,212 It scared off a lot of the neighbors. 613 00:34:09,281 --> 00:34:12,515 They decided to stay away because they were afraid. 614 00:34:12,584 --> 00:34:16,653 Consensus was around was just to stay clear of the guy. 615 00:34:16,721 --> 00:34:19,756 But you didn't know if you're going to be next, or what. 616 00:34:19,824 --> 00:34:25,728 [music] 617 00:34:25,730 --> 00:34:29,432 [narrator] finally, on may 19th, 2014, 618 00:34:29,501 --> 00:34:32,068 The snow melts enough for police to conduct 619 00:34:32,137 --> 00:34:35,405 A reenactment at the scene. 620 00:34:35,407 --> 00:34:37,106 Using a mannequin and measurements 621 00:34:37,176 --> 00:34:38,875 Taken the day of the shooting, 622 00:34:38,944 --> 00:34:43,346 A forensic specialist tests joe's version of events. 623 00:34:44,549 --> 00:34:47,617 The scientist came back and looked at 624 00:34:47,686 --> 00:34:50,587 Different plausible scenarios, 625 00:34:50,655 --> 00:34:52,789 What joe had said had happened, 626 00:34:52,858 --> 00:34:55,058 What we felt was happening. 627 00:34:55,126 --> 00:34:59,262 What fit with how the body, how tim's body, was shot. 628 00:35:00,665 --> 00:35:03,533 [narrator] joe claimed to shoot tim first in the front. 629 00:35:03,602 --> 00:35:05,468 This spun him around, 630 00:35:05,470 --> 00:35:08,605 And joe's second shot was to tim's back. 631 00:35:11,043 --> 00:35:13,476 [leo] but the body was found laying on his back 632 00:35:13,545 --> 00:35:15,245 With the legs spread. 633 00:35:15,313 --> 00:35:17,680 If you are shot just standing there, 634 00:35:17,682 --> 00:35:19,883 You're gonna fall and your legs will be together 635 00:35:19,951 --> 00:35:21,884 Because there's no momentum. 636 00:35:21,886 --> 00:35:24,587 If you're running, chances are one leg 637 00:35:24,589 --> 00:35:26,222 Is already out in front, 638 00:35:26,291 --> 00:35:28,191 And it's going to be spread away, 639 00:35:28,259 --> 00:35:31,561 Such as tim newman was. 640 00:35:31,630 --> 00:35:35,498 It was shown beyond a reasonable doubt 641 00:35:35,500 --> 00:35:39,368 That tim was turning away and running away 642 00:35:39,438 --> 00:35:40,971 When he was shot in the back. 643 00:35:43,441 --> 00:35:45,642 [narrator] to forensic specialists, 644 00:35:45,710 --> 00:35:49,345 Evidence indicates tim was shot first in the back 645 00:35:49,347 --> 00:35:53,349 And spun around to land face up. 646 00:35:53,418 --> 00:35:55,752 And the trajectory of joe's second shot 647 00:35:55,820 --> 00:35:59,155 Negates his self-defense argument. 648 00:35:59,224 --> 00:36:02,725 He was shot when he was laying down. 649 00:36:02,727 --> 00:36:04,895 [sue] for him to be shot the way joe said, 650 00:36:04,963 --> 00:36:07,464 They had him doing some type of a matrix move 651 00:36:07,532 --> 00:36:10,933 Like you would see in a cartoon animation. 652 00:36:11,002 --> 00:36:14,504 That he would have had to bend way back and, um, 653 00:36:14,572 --> 00:36:18,141 It just doesn't seem logical that a person could do that, 654 00:36:18,209 --> 00:36:20,043 Um, to make their scenario fit. 655 00:36:23,147 --> 00:36:26,549 The other important piece was the bolt cutters. 656 00:36:26,551 --> 00:36:29,652 Joe campbell claims tim was cutting the lock 657 00:36:29,721 --> 00:36:32,555 When he apparently took these bulky bolt cutters 658 00:36:32,557 --> 00:36:35,025 And dropped them 659 00:36:35,093 --> 00:36:37,460 And was able to grab his gun, 660 00:36:37,529 --> 00:36:38,795 Point it at joe, 661 00:36:38,863 --> 00:36:41,498 And then, of course, joe campbell outdrew him. 662 00:36:41,566 --> 00:36:44,300 So, the placement of the bolt cutters was very important 663 00:36:44,302 --> 00:36:47,470 Because they weren't right at the gate. 664 00:36:47,539 --> 00:36:49,973 They appeared to be right where tim fell over 665 00:36:50,041 --> 00:36:51,474 After he was shot in the back. 666 00:36:53,978 --> 00:36:58,748 [narrator] the reenactment reveals another inconsistency. 667 00:36:58,750 --> 00:37:00,416 Tim was left handed, 668 00:37:00,485 --> 00:37:03,586 And when he was shot and killed, 669 00:37:03,588 --> 00:37:05,789 The gun was laying by his right hand. 670 00:37:08,760 --> 00:37:11,794 I don't think that tim ever drew a gun. 671 00:37:11,796 --> 00:37:14,164 I think it was pulled out of the holster 672 00:37:14,232 --> 00:37:16,833 And placed by his right hand. 673 00:37:16,901 --> 00:37:19,936 I think it was staged after the fact. 674 00:37:20,005 --> 00:37:23,105 Where the bolt cutters were, where the gun was, 675 00:37:23,107 --> 00:37:26,843 It's all great evidence that this wasn't any of the scenarios 676 00:37:26,911 --> 00:37:30,012 That joe campbell gave as his stories. 677 00:37:30,081 --> 00:37:33,015 The forensics showed that tim was shot in the back 678 00:37:33,085 --> 00:37:36,853 When he was running away from the gate. 679 00:37:39,624 --> 00:37:42,525 This feud had been going for some time. 680 00:37:42,594 --> 00:37:44,393 I mean, it had been heating up. 681 00:37:44,463 --> 00:37:47,597 And with the forensic evidence, 682 00:37:47,665 --> 00:37:50,633 What we could find, we had enough evidence 683 00:37:50,635 --> 00:37:52,802 To go before a judge and say, 684 00:37:52,871 --> 00:37:56,539 "we feel that joe campbell murdered tim newman." 685 00:38:00,078 --> 00:38:03,980 [theme music] 686 00:38:12,724 --> 00:38:15,792 [theme music] [narrator] on June 23rd, 2014, 687 00:38:15,860 --> 00:38:19,029 Nearly nine months after tim newman was killed, 688 00:38:19,097 --> 00:38:22,899 Montana police place joe campbell under arrest. 689 00:38:23,968 --> 00:38:26,669 We took quite a few officers with us. 690 00:38:26,671 --> 00:38:29,305 Uh, we had two or three go up to joe's house 691 00:38:29,374 --> 00:38:31,441 Just in case something might happen. 692 00:38:31,509 --> 00:38:33,342 And then joe was arrested peacefully 693 00:38:33,412 --> 00:38:34,711 And there, there was no incident. 694 00:38:36,347 --> 00:38:38,014 [dan] word spread like wildfire. 695 00:38:38,082 --> 00:38:40,917 We thought, oh boy, they finally got that son of a bitch, 696 00:38:40,985 --> 00:38:41,784 Here we go. 697 00:38:41,853 --> 00:38:44,921 He's finally gonna get what he deserves. 698 00:38:47,658 --> 00:38:50,593 [narrator] at his arraignment, joe pleads not guilty 699 00:38:50,661 --> 00:38:54,463 Under montana's stand your ground laws. 700 00:38:54,533 --> 00:38:57,634 The judge sets bail at one million dollars, 701 00:38:57,702 --> 00:39:01,671 But the wealthy landowner hardly bats an eye. 702 00:39:01,739 --> 00:39:06,108 He used his land that this incident happened on 703 00:39:06,177 --> 00:39:08,644 As collateral, plus cash. 704 00:39:08,713 --> 00:39:10,947 He didn't spend a night in jail or anything. 705 00:39:11,015 --> 00:39:13,983 He bonded out right away, and that was the end of that. 706 00:39:14,052 --> 00:39:15,885 [sue] when he was released on bail, 707 00:39:15,954 --> 00:39:17,954 We were all super concerned. 708 00:39:18,022 --> 00:39:19,656 It was already bad enough that he'd been up there 709 00:39:19,724 --> 00:39:21,991 All those months before he was arrested. 710 00:39:22,060 --> 00:39:25,427 The state negotiated that he could not 711 00:39:25,429 --> 00:39:26,696 Come back on the mountain. 712 00:39:26,764 --> 00:39:28,831 He had to be ten miles from his residence, 713 00:39:28,900 --> 00:39:31,134 Because so many of us were witnesses. 714 00:39:34,639 --> 00:39:36,372 [narrator] after several delays, 715 00:39:36,441 --> 00:39:42,078 Campbell's trial finally begins on February 15th, 2016, 716 00:39:42,146 --> 00:39:45,181 More than two years after the shooting. 717 00:39:45,183 --> 00:39:47,750 Despite the evidence, prosecutors know 718 00:39:47,752 --> 00:39:50,820 They still face an uphill battle. 719 00:39:51,856 --> 00:39:55,291 We had to overcome that western mentality of 720 00:39:55,359 --> 00:39:58,861 "this is my land, stay off my land, 721 00:39:58,863 --> 00:40:00,496 "and I have the right to shoot you 722 00:40:00,565 --> 00:40:02,732 If I think you're gonna pull a gun." 723 00:40:02,800 --> 00:40:04,867 When someone's shot in the back, how is it self-defense? 724 00:40:05,504 --> 00:40:07,169 [zander] when you sift through everything, 725 00:40:07,171 --> 00:40:08,871 It seemed pretty absurd, 726 00:40:08,873 --> 00:40:12,174 But you have to get twelve jurors to agree 727 00:40:12,244 --> 00:40:13,543 Beyond a reasonable doubt. 728 00:40:15,146 --> 00:40:17,380 [narrator] residents of diamond bar x testify 729 00:40:17,448 --> 00:40:19,715 To campbell's history of aggression 730 00:40:19,784 --> 00:40:23,452 And threats against tim newman. 731 00:40:23,522 --> 00:40:27,123 Prosecutors also walk the jury through the reenactment, 732 00:40:27,192 --> 00:40:31,327 Proving tim was shot as he attempted to run. 733 00:40:31,396 --> 00:40:33,662 We brought in an expert to show 734 00:40:33,664 --> 00:40:37,033 That our theory on how he was shot was correct. 735 00:40:37,902 --> 00:40:39,435 [narrator] but campbell's defense 736 00:40:39,503 --> 00:40:43,840 Produces their own expert to dispute those findings. 737 00:40:43,908 --> 00:40:48,611 It was hard to sit and listen to conflicting experts. 738 00:40:48,679 --> 00:40:50,613 The state's experts said one thing 739 00:40:50,682 --> 00:40:54,317 And campbell's hired experts said another. 740 00:40:54,385 --> 00:40:55,451 It was hard to heal and move on 741 00:40:55,853 --> 00:40:58,888 When we're sitting in the court looking at a murderer. 742 00:41:01,526 --> 00:41:02,859 [narrator] after a three-week trial, 743 00:41:02,927 --> 00:41:05,695 The jury is sent to deliberate. 744 00:41:05,763 --> 00:41:09,465 They return 13 hours later. 745 00:41:09,534 --> 00:41:13,469 Everybody thought, here we go, justice is gonna be served. 746 00:41:13,537 --> 00:41:15,905 Unfortunately, the jury didn't see it that way. 747 00:41:17,742 --> 00:41:19,609 [zander] the prosecution was required to get 748 00:41:19,677 --> 00:41:23,079 12 votes of guilty from 12 jurors. 749 00:41:23,147 --> 00:41:27,984 If one of those jurors said, "I feel there's reasonable doubt," 750 00:41:28,052 --> 00:41:30,119 That would be a mistrial. 751 00:41:30,188 --> 00:41:31,654 And that's what happened. 752 00:41:32,691 --> 00:41:35,191 [sue] I was disappointed in the mistrial, 753 00:41:35,259 --> 00:41:37,026 That we had a hung jury. 754 00:41:37,095 --> 00:41:41,363 Realistically I knew all along it's hard to convince 12 people 755 00:41:41,365 --> 00:41:43,265 Beyond a reasonable doubt 756 00:41:43,334 --> 00:41:47,236 When you have two people telling a side of a story 757 00:41:47,305 --> 00:41:48,271 And one's dead. 758 00:41:49,740 --> 00:41:51,206 [narrator] after the mistrial, 759 00:41:51,276 --> 00:41:54,376 The state quickly prepares to go back to court. 760 00:41:54,446 --> 00:41:59,415 But two months later, campbell enters into a plea deal. 761 00:41:59,483 --> 00:42:04,087 Instead of prison, he receives 20 years of probation. 762 00:42:06,791 --> 00:42:10,392 Never spent a night in jail for killin' a fella. 763 00:42:10,394 --> 00:42:12,294 I don't know, I don't know how--it's money. 764 00:42:12,364 --> 00:42:14,163 It's money. 765 00:42:14,165 --> 00:42:16,532 I guess the good thing that came out of it-- 766 00:42:16,601 --> 00:42:18,000 There were some good things-- 767 00:42:18,069 --> 00:42:21,537 Is he was banned from the mountain for 20 years. 768 00:42:21,606 --> 00:42:23,739 Can't own a firearm for 20 years. 769 00:42:23,808 --> 00:42:26,042 And he had to sell his properties. 770 00:42:26,110 --> 00:42:29,778 And so just not having him around gave us a peace of mind 771 00:42:29,848 --> 00:42:32,214 That we can go up there and enjoy life again 772 00:42:32,283 --> 00:42:34,717 And return to normal. 773 00:42:39,757 --> 00:42:41,758 [narrator] a memorial now marks the spot 774 00:42:41,826 --> 00:42:43,860 Where tim newman was killed 775 00:42:43,928 --> 00:42:47,163 Fighting for the land he loved. 776 00:42:47,231 --> 00:42:49,866 Tim didn't die completely in vain. 777 00:42:49,934 --> 00:42:52,201 There's still access to the national forest 778 00:42:52,270 --> 00:42:55,571 For the general public, for the average guy. 779 00:42:55,640 --> 00:42:57,473 And that's something that I'm grateful 780 00:42:57,542 --> 00:42:59,908 To those that made that happen. 781 00:42:59,910 --> 00:43:01,077 [dan] there's a tree back up there 782 00:43:01,145 --> 00:43:03,813 Where we go all the time and go horseback riding and hunting, 783 00:43:03,881 --> 00:43:06,682 And tim's got his initials carved in there. 784 00:43:06,751 --> 00:43:07,950 We look at that. 785 00:43:07,952 --> 00:43:09,252 It's hard not to think about him. 786 00:43:09,320 --> 00:43:13,089 I was just at, uh, the spot where he was shot 787 00:43:13,157 --> 00:43:17,059 Just a few days ago and, uh, it's very sobering. 788 00:43:17,128 --> 00:43:20,229 And I always take a few seconds and, uh, 789 00:43:20,231 --> 00:43:22,799 I just look around and I know he's there. 790 00:43:22,801 --> 00:43:24,666 You know, I know he's there. 791 00:43:24,668 --> 00:43:26,368 I'll see you in a few years, buddy. 792 00:43:26,438 --> 00:43:28,237 [chuckles] 793 00:43:33,511 --> 00:43:44,053 [music]