Tuesday, June 6, 1978
was a normal day in rural Clayton, Indiana. Clayton has less than one
thousand residents, even today. It was an average June day with the
temperatures hovering in the upper 70s.
Mary Ann Higginbotham
was a 22 year old woman lived with her boyfriend of two years, Timothy
Lee Willoughby. Tim was 25 in 1978. Mary Ann worked at Laughner's diner
in Plainfied. Tim moved between odd jobs at numerous body shops in the
area, but didn't have a known job at the time.
June sixth was the last
time Mary Ann was seen alive. No one bothered to report her missing. I
find this concerning since she was not seen again until June 5 in 1979.
Nearly a year after Mary
Ann was last seen, sixteen miles from where she lived in Clayton, a
teen was enjoying a warm June day by White Lick Creek off of Sycamore
Lane in Mooresville, Indiana.
The was walking along
the creek bank and saw a 55-gallon barrel. This was pretty out of place,
but not an immediate cause to call authority. He probably would have
just thought that someone had dumped it there. When he approached the
barrel, he discovered that it was welded shut. So, he had a hammer and
decided to bust the side to see what was inside. Like most teens, he was
curious.
After busting through
the barrel, he put his eye to it to see what was inside. He was
unpleasantly surprised with the contents of the barrel. A skull was the
first thing the boy was. He promptly called authorities.
When authorities arrived
and secured the barrel, they soon were able to examine the contents.
Inside of three layers of carpet, one layer of plastic, and a sleeping
bag, a the skeletal remains of a body were found. If the body had been
wrapped in so much material, I am unsure how the teen was able to see
the skull, but this is what numerous claims have stated.
The body was later
confirmed to that of Mary Ann Higginbotham. There was no sign of her
boyfriend Tim Willoughby, who hadn't been seen since the same day Mary
Ann was last seen. Tim instantly became a suspect. Police thought that
it was likely that Tim and Mary Ann had a disagreement which led to him
murdering her, then he fled after disposing of the body.
This theory would
persists for almost four years. Timothy's criminal history did not help
this theory. A local deputy was quoted as saying "Tim was always wanted
on a warrant somewhere." He was actually supposed to be serving time for
an auto theft, he was given the option of serving a solid 40 days or
serving 10 weekends. Serving on the weekends like this was an early
version of work-release.
Tim stopped going after a
handful of weekends. His last check in for his weekend lock-up was May
8, 1978. This was one month before he and Mary Ann would disappear. A
rearrest warrant for Tim would not be issued until September 6 of 1978.
Tim was also wanted for various traffic violations and other auto
related charges that he had failed to appear for in Hendricks county.
For four years, Police
focused on Tim as the only suspect in the case regardless of the fact
that he had not been seen in four years. It took an informant coming
forward to change the direction of the case in 1982.
The informant, who's
name I was unable to find, was a woman who was close to the new
suspects. She implicated two individuals in the case, Ronald C. Tomasik
and James L. Kellam. She told quite an elaborate story. She stated the
men were motivated to commit the murder to make sure that Tim didn't rat
the men out to police in relation to a car theft ring. It was
hypothesized that Tim was trying to extort money from the men.
She told officers that
on that fateful day in 1978, Ronald and James allegedly showed up at
Mary Ann and Tim's home on rural route three. Mary Ann would have
recognized the men as friends or at least acquaintances of Tim's and
invited them inside the home.
The informant alleged
that the men created small talk to set her at ease and then when she
wasn't expecting it launched their attack against Mary Ann. They hit her
and then shot her execution style while she begged for her life. They
didn't immediately dispose of her body.
Instead, the informant
continued, the men then waited on Tim to return home. They waited
outside in the truck and convinced Tim to join them before he was able
to enter the house and see Mary Ann's dead body. Tim got in the truck
with the two. She said the men then told her that they shot Tim less
than a mile from his home. They stuffed his body in a barrel and welded
it shut.
As proof to back up her
statement, the informant provided Mary Ann Higginbotham's rings. She
claimed that she had been forced to wash blood from the men's clothing.
Police took both men in to custody relying on this woman's statement.
Later, DNA was unable to link either of the men to any of the ten items
provided to the state lab for testing in relation to case.
The prosecutor at the
time was forced to release the men in relation to a violation of their
constitutional rights. The argument was that the men were denied the
right to a speedy trial. The charges were also dropped due to
insufficient evidence. Detective Randy Pratt said that he was
disappointed with the decision of the prosecutor, but he respected it.
He was so emotionally invested in the case that he said, "that family's
pain was my pain."
Norma Higginbotham
believes that the investigators in the case botched the investigation.
She believes both of the men that informant turned in should be in jail.
The prosecutor in 2016 released the following statement:
"This case
was investigated at the time of the occurrence and reopened at least
three times in the past 20 years, and many leads were followed up. The
family has been kept apprised of the investigations. Although it is
frustrating there is not sufficient evidence to proceed with a
prosecution."
(On the map above I have
highlighted the three towns in question in this case. In some reports
the home was actually located in Cartersburg. So I would infer that the
house would've been between Cartersburg and Clayton.)
Tim's body still has not
been found. No one has been found guilty in the murder of Mary Ann
Higginbotham. Anyone with information is asked to call authorities.
Contact Information:
Indiana State Police
District Investigative Commander
8620 E. 21st Street
Indianapolis, IN 46219
1-317-899-8577 or 1-800-582-8440
District Investigative Commander
8620 E. 21st Street
Indianapolis, IN 46219
1-317-899-8577 or 1-800-582-8440
________________Sources______________________________
"Cold Case Leaves
Lingering Question: Who Killed Mary Ann Higginbotham and Tim
Willoughby?" Bennett Haeberle. WISHTV. December 15, 2016.
http://wishtv.com/2016/12/15/cold-case-still-leaves-lingering-question-who-killed-mary-ann-higginbotham-and-tim-willoughby/
"HNGN TRUE CRIME FEATURE: New
Hope For Indiana's Most Infamous Cold Case? Crime Contributor Jon
Leiberman Reports on Efforts To Solve a 1979 Double Murder." HNGN. 2017.
http://www.hngn.com/articles/51762/20141204/hngn-true-crime-feature-new-hope-for-indianas-most-infamous-cold-case-crime-contributor-jon-leiberman-reports-on-efforts-to-solve-a-1979-double-murder.htm
Indiana State Police. IPS: Mary Ann Higginbotham. http://www.in.gov/isp/2869.htm
"Man Seized in Steel
Drum Murders." UPI. August 6, 1983.
https://www.upi.com/Archives/1983/08/06/Man-seized-in-steel-drum-murders/1795428990400/
Maps. Maps.google.com
Missing Persons Database. Timothy Lee Willoughby. http://www.charleyproject.org/cases/w/willoughby_timothy.html
"Victim's Boyfriend
Still Missing." Patrick T. Morrison. Rob Schneider. Indianapolis Star.
July 1, 1979. https://www.newspapers.com/newspage/107200094/
Weather History. June 6,
1978.
https://www.wunderground.com/history/airport/KIND/1978/6/6/DailyHistory.html?req_city=&req_state=&req_statename=&reqdb.zip=&reqdb.magic=&reqdb.wmo=
________________Author's Note__________________
As always, if there is a
case you would like covered feel free to let me know and I will do my
best to cover it. Contact can be made via email at StudyofIndianaColdCases@gmail.com
Stephen W. Hendricks age 22, Missing since September 5, 1988 from Washington Indiana.
ReplyDeleteRebecca Harvey, age 18, found tied to bed, doused with gas and set a blaze.
Rebecca had Threatened to call Police concerning drug dealing where she worked.