Cold and Missing: The Burger Chef Murders - Part 2 - podcast episode cover

Cold and Missing: The Burger Chef Murders - Part 2

Sep 18, 202534 minSeason 1Ep. 142
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Episode description

Part 2 of the Burger Chef murders.

The morning after their disappearance, the bodies of Jayne, Mark, Ruth, and Danny were found in a remote wooded area. Four people were murdered in three different ways, raising more questions than answers. Who would abduct four young people from their workplace and why? In part two of our series on the Burger Chef murders, we trace the discovery of the bodies, the shaken community, the troubled investigation, and the decades of unanswered questions that still haunt Speedway, Indiana.

*** If you know anything about the murder of Jayne Friedt, Mark Flemmonds, Ruth Shelton, and Danny Davis in 1978 please call the Indiana State Police District Investigative Commander at 1.317.899.8577 or 1.800.582.8440 ***

Sources:

The Indianapolis News, Journal and Courier, The Akron Beacon Journal, The Vincennes Sun-Commercial, The Indianapolis Star, Times Record, The Montgomery Advertiser, Rushville Republican, Vidette-Messenger of Porter County, The South Bend Tribune, The Daily Journal, The Republic,

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Transcript

The views and opinions expressed in Cold and Missing are exclusively those of the hosts. All parties mentioned are considered innocent until proven guilty in a court of law. Cold and Missing also contains adult themes and languages. Listener discretion is advised. I'm your host, Ali McLaughlin -Sulkowski. And I'm your co -host, Eli Sulkowski. And this is Cold and Missing, where we cover cold cases and missing person cases. Hello, everyone, and welcome back to Cold and Missing. I'm your

host, Ali. And I'm your co -host, Eli. Welcome back, everyone. Housekeeping right at the top of the episode. This is a two -parter episode, and this is part two. So if you have not listened to last week, if this is your first time joining us, thank you so much for being here. But go back and listen to last week's episode. There's a lot of details in there that will be relevant to part two, to this one. But other than that, we are on episode 142, part two. So let's go

ahead and get into it. Let's not keep anyone waiting any longer. Let's do it. So just as a quick content warning at the top, this case does involve young people, and there are some brief mentions of sexual assault and death by suicide. Once again today, we are talking about the murders of Jayne Friedt, Mark Flemmons, Ruth Ellen Shelton, and Danny Davis, or better known as the Burger Chef murders. And this takes place in November

of 1978. in Speedway, Indiana. So as we mentioned at the top, we're continuing our two -part series on the Burger Chef murders. So again, if you haven't listened to part one yet, go back and listen to it. In that episode, we walked through the night of November 17, 1978, when four young employees disappeared from their shifts at the Burger Chef in Speedway, Indiana. When we left off last week, Jayne’s car had been found abandoned just about a block and a half from the Speedway

Police Department. But at this point, while investigators became more worried about the four employees, the Burger Chef was still cleared to be cleaned and opened the next day. So we are on the evening of Sunday, November 19th, 1978. Jayne, Danny, Ruth and Mark had all been abducted Friday evening around midnight. So around 3 p .m. in the afternoon, a couple was walking in Johnson County, Indiana, which was about 15 to 20 -ish miles away from Speedway. They were walking through the woods

when they make a gruesome discovery. They stumble upon the bodies of Danny and Ruth. They found them face down next to a gravel road. The couple retreated from the woods to get to a phone and call police. When police arrive, they quickly locate Danny and Ruth's body. Police say that they were shot execution style, but they also mentioned that both of them were shot several times in the head and neck. It was later determined during the autopsy that they were ultimately

killed with a .38 caliber gun. Police begin searching the area, and about 50 yards away, they find the body of Jayne. Jayne had been stabbed twice in the chest. Later during the autopsy, the four and a half inch blade was found in her chest. The handle had been broken off. Mark was quickly found after. While he was the farthest away, he had been closest to the main road. It's ultimately determined that he died as a result of choking on his own blood. Mark's death had been debated

over the years. For some time, it was thought that maybe Mark had been running from his captors when he hit a tree full force, which caused him to fall and choke on his own blood. Today, when the case is talked about, police say that he died from being beat, and the way that he collapsed, he had choked on his blood. All of them were still in their Burger Chef uniforms, except for Danny. He was still in his uniform pants, but he had on a different shirt and jacket. Investigators

don't put too much into this. They think that Danny likely changed after the restaurant closed. Jayne had been found with her car keys in her pocket and cash on her. Other of the victims were wearing jewelry and watches. Nothing had been taken. Police believe that they were all killed in the area where they were found. All of the bodies are sent for autopsy that same day. Ultimately, the autopsy puts the time of

death around six hours after the abduction. The autopsy also shows that Jayne and Ruth had not been sexually assaulted. At the scene, police are able to collect some evidence. They are able to create a cast of tire tracks found in the area. They are also able to grab some prints from the scene, they report. Police also begin talking to residents. While the woods where the bodies were found were more secluded, there were houses nearby within shouting distance, so it

was still a risky area. Several residents reported hearing gunshots and a dog barking just slightly after midnight on the night that they were abducted. One woman said that she awoke from her sleep from what sounded like a gunshot and a scream. Her husband sent her back to bed saying that the noise came from the TV show that he was watching.

As news of the murders began to break around Speedway, the couple that had been smoking behind the Dunkin' Donuts, we mentioned them in the last episode, sees the news about the abduction and come forward to police. They tell police about the two men that had approached them. The day after the bodies are found, on Monday, November 20th, Burger Chef announces a $25 ,000 reward

for information. That same day as well, a maid calls the police because she was cleaning a Days Inn motel when she found a stack of Burger Chef time cards in the hallway. Police came and collected them. Ultimately, they decided they were not connected to the Burger Chef murders. The time cards were from 1975 and 1976 and from a completely different Burger Chef restaurant altogether. It appeared to just be a strange coincidence. Also that next day after the bodies were found,

around 7 p .m. in the evening, Ruth's father starts getting harassing phone calls. The calls last through the night and into the next day, Tuesday, November 21st. The calls came in at 3 a .m. and again at 8 a .m. In the investigation, police bring in the couple from behind the Dunkin' Donuts and put them under hypnosis to get a clear description of the two men that had approached them the night of the abduction. Police draw the suspects based off of the description given

under hypnosis by the two teens. When the teens look at the sketches, they say that the drawings are 90 to 95 % accurate to what they remember the men looking like. Police release the sketches to the public as soon as possible. Tips immediately start pouring in about who the folks could be. People from all over Indiana were calling in to say that they knew the pair. However, police say that they believe that only 10 % of the tips that they're getting are good. Police also get

reports from residents on Lupine Drive. Several residents reported to police that the night of the abductions, that Friday night into Saturday morning, They saw a car and a two -toned van, both without headlights on, speeding through the neighborhood around midnight. Ruth actually lived on Lupine Drive. One resident reported that she heard a scream as a van passed and that the car was full of kids. The two vehicles stopped and someone got out of the van and walked to

the car. Other residents reported that the van and the car had slowed and stopped as well. The community is shook up by the murders. While being close to Indianapolis, Speedway typically does not have violent crime at this time. However, over the last few months, violent crimes had been on the rise. In July of that year, a 65 -year -old woman had been shot, and in September, just a few months before the murders, there was a series of eight bombs that went off in the

span of a week. It's determined later that the murder and the bombings were related to one another, and a man was arrested and charged in both of those cases. Just days after the murder, the funerals for all four young people happen. Hundreds turn out to pay their respects and to mourn the loss of four incredible young folks. After Ruth's funeral, her dad receives a taunting sympathy card from an anonymous person. Also, the night of her funeral, someone would ring his doorbell

and when he answered, no one was there. No other families were reported to have received these harassing or anonymous phone calls and letters. On Friday, November 24th, a week since the abduction and murders, police unveil clay busts of the two men who had approached the couple behind the Dunkin' Donuts on the night of the abduction. These were based off of the sketches already released, but now investigators hoped that a three -dimensional likeness would help jog someone's

memory. Police described one of the men as a white male, around 35 years old, around 5 '9", with a heavy build and medium complexion, weighing about 200 pounds. He had reddish -brown curly hair down to his neck, parted in the middle, and a full beard. The second man was described as white, about 30 years old, and 6 '2", which was taller than what was originally reported. He had a slender build and a lighter complexion.

He had black hair parted on the left, combed across to the right, and was clean -shaven, though he did have stubble coming through. These descriptions came directly from the teenage couple who had been put under hypnosis. These were the descriptions that they gave. That next day, Saturday, November 25th, police returned to the wooded area in Johnson County where the bodies had been found. They combed through the woods again, searching for anything that might have been missed in the initial

sweep. Detectives noted that the gravel road leading to the crime scene was not well known to outsiders and theorized that at least one of the killers may have lived in or been familiar with the area. On Friday, December 1st, police in Cincinnati, Ohio contacted Speedway investigators. They had arrested a man in a string of home invasions who claimed to have information about the Burger Chef murders. Speedway detectives traveled to

Ohio to interview him. The man passed a lie detector test and provided detailed knowledge about Indianapolis crimes and the Burger Chef murders, but investigators soon realized he only knew details that had already been reported in the newspaper. He pointed the finger at his jailhouse roommate, naming a man who had once lived in Indianapolis but had since moved to Cincinnati. This suspect was placed under surveillance, but his identity was never publicly released. Ultimately, it appears that

he was ruled out. The local paper in Indianapolis was also offering an opportunity to submit tips anonymously but still have a chance at the reward money. They were instructed to write the tip on a piece of paper and then rip the bottom half of the paper in a unique way, whatever that meant to that person. On the tip that they send to the newspaper, they should also include a six -digit code that they wrote on the bottom half

that was ripped off as well. The person submitting the tip would keep the bottom half, and then they would mail in their tip. If there was a tip that ultimately led to the arrest and therefore was entitled to reward money, the person who submitted the tip could come forward with the bottom half of the piece of paper, like as if it were a receipt. One letter was sent that police were particularly interested in. Investigators

took the letter seriously. While it didn't provide exact details, it suggested knowledge of the crime and a possible method of operation during the robbery. Police made it clear in the newspaper that they wanted to talk to the writer of the letter. A few days later on Monday, December 4th, so it's been just over two weeks since the murder, A man was leaving a bar on Indianapolis' north side and reported being abducted. He says that as he entered his car, a voice from the

backseat told him, don't look back. The man was forced to drive to a park and then to his apartment, where the assailant stole his roommate's gun and several personal items before leaving with the man's car. Before fleeing, the kidnapper claimed he had been involved in the Burger Chef murders and would not hesitate to kill again. Approaching three weeks on Friday, December 8th, investigators admitted publicly that the case was starting to stall. The tip line was beginning

to go quiet. And on Sunday, November 10th, police voiced one of their biggest questions. Why kill four teenagers for just over $500? Why take them to the woods at all? Why take them to woods where homes were within shouting distance? Nothing about the murder seemed to fit with a simple robbery. On Tuesday, December 12th, it's approaching a month since the murders, police followed up on a strange report of a man who resembled one

of the composite sketches. He had stayed at a motel but skipped out on the bill, and he also told the staff that he was both a detective on the case of the Burger Chef murders and an uncle of one of the victims. It's unclear if they were ever able to locate this man. On Friday, December 15th, Police received another letter from the original anonymous letter writer who they wanted to speak to. He claimed that there were three

people involved in the Burger Chef robbery. According to the letter writer, the plan had only been to rob the restaurant and to tie the victims up, but things had spiraled out of control. One man did the shooting, one did the stabbing, and a third sat in the car. The letter claimed that this third man had been surprised by the killings and even tried to stop them, yelling out run when the first victim was shot. The writer begged for immunity for this third participant, promising

that he would confess if he was protected. Police will offer immunity publicly in the paper, but no one ever comes forward claiming to be the third man or the letter writer. I don't know the full contents of the letter, but from what was published, there were no new details in the letter. Outside of the third man theory, all other information were things that had already

been published in the newspaper. On Friday, December 22nd, so just a little over a month since the murder, investigators say that they are running out of leads. The reward fund had grown to $26 ,000, which in today's money would be over $100 ,000, so a lot of money for 1978. But no one had come forward with verifiable information to get the reward. On New Year's Eve of 1978, so it's nearly seven weeks after the murders, police released their working theory of what

happened. They believed that the Burger Chef had closed at 11 p .m. on Friday, November 17th, and the employees stayed to clean. At some point, Jayne walked next door to Dunkin' Donuts to grab a snack and returned. Police believe that either Mark or Danny took trash out the back door around midnight when they were ambushed by the killers.

Because the back door was supposed to stay locked during closing, investigators theorized that one of the boys was forced to knock, and when others opened it, the assailants came inside. But then something went wrong, police think. Perhaps one of the employees recognized the attackers, or perhaps they accidentally spoke their real names to one another. The robbers ultimately stole $581 from the restaurant, but left behind

hundreds in change. Police believe the four victims were forced into Jayne’s car and at least one other vehicle. They abandoned Jayne’s car near the police station and forced everyone into another vehicle. They were then driven to Johnson County, which would have taken around 30 minutes. Witnesses in nearby homes were called hearing gunshots and a scream around 1 a .m. The killers used three different methods of murder. Ruth and Danny

were shot with a .38 caliber weapon. Jayne was stabbed twice with a blade that was broken off in her chest, and Mark died from severe head injuries and ultimately choking on his own blood. Police no longer believed that any of them had tried to run. There were no signs of struggle on any of their clothing, and none of them had mud on their shoes. Into the new year, 1979, and throughout the rest of 1979, quite frankly, investigators pursued a series of suspects and

leads, but nothing panned out. There were a couple of interesting suspects, and police brought out psychological stress tests, there were more anonymous tips, and they even investigated a drug connection through the Burger Chef. But ultimately, none of these leads pan out, and they're all ruled out. By the first anniversary in November 1979, the investigation had been hampered by errors, rumors, and dead ends. It was revealed that one investigator had actually taken evidence from

the scene. It was two pieces of ID, I believe from the same victim, and he put it in his coat pocket. He later turned over the evidence to a tech at a restaurant. Police at this point, at the one -year marking, have no leads in the case. The investigation continues behind the scenes. In October of 1980, so nearly two years since the murder, Police say Mark, one of the youngest, owed a drug pusher nearly $7 ,000.

Police say at the time that they know who the drug dealer is, but they just don't have enough evidence to arrest him. This theory has dropped over the years. Today, when police talk about the Burger Chef murders, this $7 ,000 is not mentioned. In that same vein, just a few months later, Jayne’s brother is arrested in March of 1981, so two years and four months since the murder. He is arrested on charges related to

drugs. Police seem to pivot and think that this could have something to do with the murders. However, it does seem like police have also dropped this theory over the years. So fast forwarding a bit, in 1986, it was approaching the eight -year anniversary at this point. A man named Donald Forrester, who in 1986 was serving a 95 -year prison sentence, confessed to participating in the murders. He gave details and even told

police where to find buried evidence. But when police searched the areas, nothing was found. Days later, he recants his confession, saying he had only made it to gain protection in prison and to delay his other charges. Over the next decade, Police will follow dozens of leads, but still, police come up empty. Police believe that the only way this murder will be solved at this point is if someone makes a deathbed confession.

In 2001, so 23 years since the murder, investigators submitted a hair that was found in a tree near the crime scene for DNA testing, but no usable results came back in 2001. In June of 2003, so over 25 years since the murder, retired police officers talk about the case with the media. They say that they believe they know who committed the crime, but they could never prove it with evidence. He does reveal this, that the night after the abduction, but before the bodies were

found, a tip was called in. A man had been in a bar bragging about being involved in the murders. and he said that the bodies would turn up in the county where they ultimately were found. Police questioned the man who was bragging in the bar, and he said that he wasn't involved but knew the guys who were. He said that their M .O. was to hide behind dumpsters and then rob fast food joints when a worker came out to empty

the trash. The two men were also very similar in appearance to the composite sketch of the two men seen in the area. Police located the two men and questioned them. They denied involvement in the Burger Chef crimes, but they were never able to give a rock -solid alibi. Police say they just could never crack these two. They would eventually go to jail on other fast food robberies. The man who had been in the bar bragging would ultimately kill himself later in life by a self

-inflicted throat slashing. His son claimed that his father confessed shortly before his death that he was involved in the murders. In 2007, a palm print lifted from Jayne’s car was matched in the database, but the suspect was eventually cleared. It turned out that the palm print belonged to a friend of Jayne’s brothers who had been visiting

the family before the murders. On the 40th anniversary of the murders in 2018, Indiana State Police released a photo of the broken knife used in killing Jayne, hoping someone might recognize it. And then this past year, in January 2024, the Burger Chef building, which had changed hands many times over the years, was finally torn down. In its place now stands a dentist office. But that is truly all we know about the Burger Chef

murders. If you know anything about the Burger Chef murders in November of 1978, please call the Indiana State Police District Investigative Commander at 317 - 899 -8577 or 1 -800 -582 -8440. So that is the Burger Chef murders. I just want to start off by saying really just a thank you to you for connecting this pretty long timeline.

You know, we did have to parcel these episodes into two episodes, and I think that was necessary for... how much information there was, and in the second half, really aligning them so that it followed a timeline. And I was able to follow along to the end. I definitely have questions as you were explaining the timeline to us, but there was a lot here. And I feel with what information you had, you really did some justice here for...

the four people who lost their lives. And just to say their names again, Jayne, Danny, Mark, and Ruth Ellen, you know, ultimately they could all still be here later in life. And I think with the knowledge that we have about what happened in this case, the best thing to do is to keep talking about it and reporting on as much information that we have. And that's exactly what you did

here. Thank you so much. Yeah. felt this case really needed two episodes like one to really get into the details of the abduction because I think there are a lot of clues there and then also just to get into the discovery and then the rest of the investigation because again I think there's just a lot of details and you know the the devil is in the details and these cold cases need details and details are very important so I really wanted to just get everything in

that I could. To move into the discovering of the bodies, particularly Danny and Ruth Ellen being found shot execution style and face down, that to me, only finding those two immediately, I think I knew something had gone awry in whatever the assailants were trying to accomplish in this crime. I wanted to know your take on that. And as police, started to release details, it seems like that is what happened. But I really just

wanted to know your opinion as well. Yeah, there's a lot of questions at the discovery of the bodies. You know, order, I think, is a big question for me. You know, in what order they were ultimately killed. You know, I think a lot of working theories is that Danny and Ruth were shot first and then You know, a big theory for a long time was that Jayne and Mark maybe took off running after the first gunshots happened. But police ultimately don't think that they ran. There was no mud on

their shoes. So I don't know what happened here. It's three different methods of murder. The only thing I feel like truly certain of is like I feel like there were at least two murderers, if not three, maybe even four. at least two people to do this kind of carnage and to control, you know, four teenagers and Jayne, who was in her 20s. But yeah, so many questions. We have a lot of details, but I really have a lot of questions

about the scene. That was something else that I wrote down and echo from you as well, which was that it's a lot of people to abduct, to move from one environment to another. And a thought that I had about only two of them being shot in this way and knowing that it was a .38 caliber, which is a relatively small handgun, I thought that maybe they didn't even have enough bullets.

Because it's so, I don't really enjoy thinking from this perspective, but to me it seems very sloppy and forgetful and maybe just an opportunistic crime. Yeah, and police have their theories. You know, they think that maybe somebody recognized one of the robbers at the restaurant, so that's why they had to, you know, leave no witnesses. Another theory was that maybe the robbers used

their real names on accident. Another theory that police had was that, you know, Mark was found the farthest away from everybody, and he was beaten. Ultimately, that led to his death. And police wondered if maybe he was led off to be beat up and then died. And so then they had to kill everybody else. Mark was the only black person who was abducted. So, you know, there is also that dynamic as well that I wonder if police had explored at all. A question I have,

but I just. I don't understand. And I do hear, you know, maybe not having enough bullets. But according to reports, they were shot like multiple times, you know, in the head and neck areas. So, you know, it's like if they were trying to save bullets, you think they would have been maybe more efficient, for lack of a better word. But yeah, it just begs the question, what really

happened that night? In regards to the suspect sketches after that couple was put under hypnosis to kind of pulled the details out of what these suspects maybe looked like I'm curious to know if you know that if hypnosis is still used today for crimes like this I really don't know and I just thought it was interesting that it was both used and heavily reported on yeah I thought that was kind of interesting too because you really you don't hear about it much anymore um

I would be very curious, I think, and I could totally be talking out of my ass here, but I think there has been like maybe some like court rulings about like you can't submit evidence from people put under hypnosis into court. So I don't think it's done as much as it was back in the day because whatever they say can't be used. So it's better to get the information. by other means, you know, just like normal interrogation or questioning. But that's my understanding.

But full disclosure, I have not researched hypnosis in law enforcement recently. Something else I wanted to just take note of and maybe gain some clarification on. I wanted to make sure I heard correctly that both girls' families received harassing phone calls and or letters. Is that true? So only Ruth's family got it. They were the ones getting the phone calls that started pretty quickly. They got the anonymous letter, and then they also got somebody knocking on their

door. I know that that could mean nothing, that that's someone who's opportunistic and doing something vile because people do that sometimes. But also, it just kind of stuck out to me because the crime was committed at... Burger Chef and she did work there and then there was consistent multiple moments of taunting after her death. It's just something that stuck out to me and I wondered if it did to you as well. Completely. That's one of my biggest questions is if police

ever located who was doing this. Because like you said, it could just be some awful human taunting a family going through one of the worst moments. But then if that is the case, I wonder why Ruth's family, why were they just the only ones targeted and not the other ones? And so it does seem very specific. And so I just, what is the motivation there if not involved in the murder? But huge

question that I have. You know, when I think about the future of this case, it's been... A long time, over 40 years since these murders happened. But there's still four families that were impacted and four families that still want answers. You know, siblings are still here. Nieces, nephews, aunts, uncles, parents, like there are still people here that loved everybody at that burger chef that night. I really hope that we

do get somewhere. You know, I wonder what evidence is left, if things can be retested with more sensitive DNA. I really hope that there's just more here or that, you know, somebody does finally come forward and gives that piece of information, is able to give that name and just break this thing wide open. Because this is... A case that has haunted like the community, but also just

like the state of Indiana for years. So this is one I know a lot of people would love to see solved and would love to get answers and justice in. So again, if you know anything about the Burger Chef murders in November of 1978, please call the Indiana State Police District Investigative Commander at 317 -899 - or 1 -800 -582 -8440. We are going to have pictures on our Instagram, and we're also going to be sharing the picture of the knife that was found at the crime scene

that was used to kill Jayne. So we're going to share that as well on our Instagram. You can find those pictures at Cold and Missing. And of course, we have updates on there, other cases we share in our stories. So please, if you're not following us, follow us there. It's a great resource. And please share. Please share this case, other cases that we've covered. Get these names. Get these cases out there. Let's get energy

behind them. Let's get talking about them. If you could take a minute today before you go to your next podcast to leave us a five -star rating, it goes a long way in folks finding this podcast, giving it a chance to listen to it, and ultimately folks finding the cases and getting more information out there, getting energy behind the cases. That's always the goal here at Cold and Missing. So five stars can be your way of contributing to the podcast and helping us get there and reach

our goals. And then we also have our website, www .coldandmissing .com. If you want to get in contact with us, you can always reach out there. And we also have transcripts for all our episodes. So if you or someone you love is hard of hearing, you can follow along with the official transcripts there. But that is all I have for you today. Thank you so much for listening to Cold and Missing. I'm your host, Ali. And I'm your co -host, Eli. Have a good week and stay safe, y 'all. Stay safe, y 'all.

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