Murder Suspects Bound Over
BEN GARRETT -- Independent Herald Staff
HUNTSVILLE Ð Calling it Òthe worst kind of crime that can ever be committed,Ó Sessions Judge James L. Cotton, Jr., bound murder suspects Charles Ray Harvey and Vanessa Loredo over to criminal court during a five-hour preliminary hearing in General Sessions Court here Wednesday (August 13). The two have been charged with the execution-style shooting death of 26-year-old Armando G. Loredo.
Harvey, who was charged with first-degree murder, was bound over as charged. Loredo, meanwhile, was bound over on accessory to first-degree murder. She had originally been charged with first-degree murder and conspiracy to commit first-degree murder. The Grand Jury will hear evidence on the charges and consider indictments when it reconvenes in November.
The two were charged after fishermen discovered LoredoÕs body in New River on July 18. After the body was identified, Harvey Ð the father-in-law of the victim Ð was questioned and subsequently placed under arrest. Several days later, Loredo Ð the daughter of Harvey and husband of the victim Ð was also arrested and charged in connection with the murder.
Judge Cotton, who ordered the courtroom sealed while testimony was being given, declined a bail reduction request from Public Defender Leif Jeffers, who is representing Harvey. In his decision to leave the bail at $1 million, Cotton cited HarveyÕs Òsignificant prior record.Ó LoredoÕs bail, meanwhile, was reduced from $1 million to $250,000. That was only a minor victory for the defense, however, which had requested that the bail be reduced to no more than $50,000.
Attorney Andrew Hall, appointed by the court to represent Loredo, had argued for his clientÕs charges to be reduced significantly, painting a picture of an abused wife driven to finding a way out.
According to a statement given by Loredo to Chief Detective Robby Carson, which Carson read to the court, Loredo said, Òmy husband is dead because he hit on me and I wanted him out of my life. I regret it but I didnÕt know what else to do.Ó
ÒIf you look at the statute of case files, the evidence that has been presented (by the state) doesnÕt constitute first degree murder,Ó said Hall in his closing statements. ÒAt the most, there would be probable cause that involuntary manslaughter took place, not first degree murder.Ó
Hall called the stateÕs case Òa stretch.Ó
Assistant District Attorney General Sarah Davis responded that the prosecution believes Charles Ray Harvey pulled the trigger, but that LoredoÕs actions also constitute first-degree murder charges.
ÒIf she killed him after what he did to her (abuse), that might have been voluntary manslaughter, but thatÕs not what happened,Ó said Davis. ÒThey went fishing, they skipped rocks; we believe thereÕs evidence that there was plenty of time to back down.Ó
In an effort that later proved futile, Jeffers argued on behalf of Harvey that the state couldnÕt show probable cause that his client was the actual killer.
ÒThereÕs no dispute that Mr. Loredo was killed,Ó said Jeffers. ÒThe second part is who did it. The evidence the state has presented doesnÕt show that Harvey did it.Ó
Jeffers also attacked the stateÕs star witness, HarveyÕs live-in girlfriend Donna Gail LaBoy, saying Òthere can be no more unreliable witness.Ó The claim stemmed from earlier testimony given by LaBoy in which she questioned her own statements.
LaBoy had told the court that she had accompanied the Loredos and Harvey to the river for a camping trip at around 1:30 a.m. on the night that the murder allegedly took place. She testified that she dropped off the trio at the river access point directly across U.S. Hwy 27 from New River Baptist Church, adjacent to Rivermont Estates.
After dropping off the three at the river, LaBoy said she returned home because she was afraid of what was going to happen. ÒI just felt like if I got in that boat I wouldnÕt come back either,Ó she said.
LaBoy also testified that she returned to the river to pick up Harvey and Loredo at approximately 9:30 a.m. that morning and was later told about the murder by both Harvey and Loredo.
After Jeffers questioned LaBoyÕs memory of the incident, he asked about an episode that occurred several days after the murder allegedly occurred, when LaBoy says she heard a car backfire and had a flashback to the night of the camping trip.
ÒIt (the sound of the backfire) made me wonder if I was actually there and saw Vanessa being there,Ó LaBoy said. ÒBut they tell me I wasnÕt there.Ó
LaBoy also testified that she might have taken as many as two-to-four pills for anxiety on the night of the trip, a prescription that normally calls for one pill per day. She testified that she Òhad two beers that night also,Ó and that two weeks prior to that night she had taken vodka with her medication and it Òcaused me to get pretty wild and I tried to think of ways to kill myself.Ó
Based on LaBoyÕs testimony, Jeffers told the court during his closing statements that her Òcredibility is terrible.Ó
LaBoy was one of three witnesses called by the state, along with Tennessee Bureau of Investigation Agent Steve Vincent and Scott County SheriffÕs Department Chief Detective Robby Carson.
During her testimony, LaBoy told the court that Charles Harvey and Vanessa Loredo had no contact with one another during the time she was living with Harvey until sometime in June, when Loredo began calling Harvey regularly. LaBoy said that Loredo sometimes called Òtwo or three times a day.Ó She said that Loredo came to visit her father on July 5, along with her boyfriend, Joel Cummings.
Three days later, LaBoy stated that she overheard Harvey talking to Loredo on the telephone.
ÒHe said, Ôit will be took care of, just get him down here,ÕÓ LaBoy said.
After the phone conversation, LaBoy said, Òcharles said that they have to do something really bad. I told him that I didnÕt want to hear it. He said Vanessa was bringing Armando down here and they had to kill him because he had broken into her apartment and beat her and raped her.Ó
Shortly thereafter, the Loredos arrived at the Harvey residence. Several events of which LaBoy testified occurred during the evening seemed to support Vanessa LoredoÕs claims of her husbandÕs abusiveness.
LaBoy said that after the Loredos arrived, Vanessa went to the garage with her father to look at a motor. LaBoy and Armando were left alone inside the house. LaBoy testified that Loredo told her, ÒWomen never forget anything. If you ever accidentally hit them, they never forget it.Ó
Later, said LaBoy, she saw Armando using physical force against Vanessa.
ÒAfter they got to the house, Armando had his hands around her throat, like he was choking Vanessa. He also followed her to the bathroom and slapped her,Ó LaBoy said. ÒI told Charles, Ôif I walk back in there and catch his hands on her, IÕll take the gun and IÕll kill him.ÕÓ
LaBoy also said that Charles Harvey was looking out for his daughter.
ÒHe told me that was his child and he had to take care of his child,Ó she said.
At other points during her testimony, LaBoy testified that both of the defendants had said they were the one who fired the fatal shot.
The morning following the camping trip, as Harvey, LaBoy and Loredo ate breakfast at the Harvey home, LaBoy says that Loredo testified to pulling the trigger.
ÒVanessa said that Charles didnÕt shoot, that Armando had to go take a dump in the woods and wanted her to go with him, and that while he was squatted down, she shot him in the back of the head,Ó LaBoy said. ÒShe said she just dropped the gun and was just sitting her, and Charles had to shake her. Charles also said she did it.Ó
Previously, LaBoy said that Harvey described the incident after they had returned to the Harvey home following the fishing trip.
ÒHe had one shoe off and was rubbing his foot,Ó said LaBoy. ÒHe just dropped his shoe and said, Ôhe dropped just like that. One shot to the head.ÕÓ
During cross-examination, Jeffers asked LaBoy if Harvey had actually said ÒI killed himÓ during that episode. LaBoy responded that she didnÕt know.
Later, LaBoy said that Harvey Òmade me believe he hadÓ shot Armando Loredo. ÒHe said, ÔI killed him,ÕÓ she said.
While LaBoyÕs testimony insinuated that both defendants had made individual claims to being the actual shooter in the murder, each defendant blamed the other in statements made to investigators.
In a statement given by Vanessa Loredo and read to the court by TBI Agent Steve Vincent, Loredo testified that she and Armando were skipping rocks on the river bank as it started to get daylight. ÒI kept getting closer to Armando and he (Harvey) kept getting closer to us,Ó she said. She went on to say that her back was turned and she heard a loud Òpow.Ó She turned to see her husband lying on the ground and started screaming. She said that Harvey then made her get into the boat.
ÒHe said, Ôthat is a man (Loredo) who would kill you some day,ÕÓ she testified in her statement.
Harvey, meanwhile, testified in his statement to Agent Vincent that his daughter had pulled the trigger. HarveyÕs testimony corresponded with the testimony given by LaBoy during the hearing.
According to Vincent, Harvey was told during questioning by investigators that LaBoy and Loredo had given evidence against him. Harvey then said, ÒShe did it. Vanessa shot him while he was taking a s___. ThatÕs all I have to say.Ó
The prosecution nor investigators apparently bought HarveyÕs statement, however, with Davis commenting in her closing statements that ÒCharles Harvey, I believe, is the one who pulled the trigger. If Vanessa Loredo was going to kill him, she could have done it in Indiana (where the couple made their residence at the time the murder occurred).
At several times during Donna LaBoyÕs testimony, meanwhile, she said that she had been afraid for her life after the camping trip and alleged shooting of Loredo. During HallÕs cross-examination, LaBoy was asked if she had ever told investigators that she was afraid of Charles Harvey.
ÒYes,Ó she said. ÒI was wondering which one of them was going to get me next.Ó
LaBoy also testified that Harvey had threatened to kill her when she tried to rent an apartment several days after the murder allegedly took place.
ÒCharles said, Ôif you leave me, I will kill you. Try me. T-R-Y-M-E. Try me,Ó she said.
Later, on one of two trips when LaBoy says she followed Harvey back to the river to Òre-sinkÓ the body, she said that she took a gun with her because she feared for her life.
ÒI said, Ôplease donÕt make me kill you,ÕÓ she said. ÒÕIf either of you (Harvey or Loredo) come at me in a threatening manner, I will kill you.ÕÓ
Further testimony introduced at the hearing revealed that the 2003 Chevrolet Cavalier owned by Armando Loredo had been taken out-of-state and burned after the alleged murder took place.
According to testimony given by Vanessa Loredo in her statement to investigators and testimony by Donna LaBoy during the course of the hearing, the two, along with Harvey, had taken the Cavalier to Illinois and burned it Òto make it look like he (Armando Loredo) was still up there.Ó
Both accounts say that Loredo drove the Cavalier to Illinois while Harvey and LaBoy followed in a pickup truck. Upon reaching a cornfield near Mt. Vernon, according to LaBoyÕs testimony, Harvey poured gas on the car and then told LaBoy to light the fire, which she did.
Testimony from LaBoy also alleged that father and daughter conspired to blame the murder on Joel Cummings, the boyfriend who accompanied Loredo to her fatherÕs house in early July.
ÒThe night before the arrest, Vanessa said, Ôtell police it was a drug deal,ÕÓ LaBoy said. ÒCharles said, Ôno, it would be better if you tell them Joel killed him and brought the body down here.ÕÓ
After discussing what should or shouldnÕt be told to LoredoÕs brother, Eric Harness, who was supposed to pick up Loredo and transport her to the apartment he shared with their mother in Clinton, Òthey decided to tell police that Joel had murdered Armando out of jealousy.Ó
At another point in her testimony, LaBoy described going to the river with Harvey to Òre-sink the body.Ó
ÒThey (Harvey and Loredo) took four cinderblocks, rods-n-reels, a chain and a padlock,Ó said LaBoy. ÒThey was up there for a pretty good while. They came back and Charles said I had to go back because Vanessa couldnÕt handle it.Ó
LaBoy said that she helped paddle the boat back up the river to where the body was located.
ÒHe (Harvey) tied rope through the blocks, paddled out in the river and throwed the blocks over,Ó LaBoy said. ÒHe forgot he had the body tied to the boat and it was dragging us down. The boat was sinking.Ó
Later, LaBoy discussed HarveyÕs reaction when he heard that LoredoÕs body had been discovered.
ÒWe were coming back from Oneida and they were talking about it on the scanner,Ó she said. ÒWe heard them talking about New River and calling the rescue squad to the river and there was supposed to be an ambulance under New River Bridge. Charles started getting real nervous.Ó
LaBoy said that the couple had been to an Army surplus store in Caryville on that same day to pick up some cord and had planned to return to the river the following day to further weight the body.
During testimony given by Chief Detective Robby Carson, it was indicated that the weapon believed to have been used in the crime Ð a black 9mm Beretta handgun Ð had been recovered from the Harvey property, where it was buried behind the well house, but that ballistics test on the bullet recovered from the victim were not complete.
Carson testified that the weapon had been buried in a green ammo can, along with ammunition and a shoulder harness. Investigators had been tipped off to the location of the weapon by LaBoy, who earlier testified that Harvey had drawn a map of where the weapon was buried but had ÒeatenÓ the map.
Carson testified that recovery personnel had struggled with the body for approximately 90 minutes before being able to get it to shore on July 18. He said that the body was Òcovered with a mud silt.Ó It had four blocks and four rocks tied to it, he said. One of the rocks weighed more than 100 pounds.
Detective Carson also read Vanessa LoredoÕs second statement to the court. In it, Loredo said that she was married to the victim for 2.5 years and that he was abusive the entire time, and that he beat her and raped her. In May, the report stated, Loredo had gotten a protective order against her husband, who moved out at the same time. Later, however, the victim asked to be able to come back to the coupleÕs home, and the problems continued.
LoredoÕs statement continued by saying that ÒDad said heÕd take care of it. By this, I thought he (Loredo) wouldnÕt be around to hurt me anymore. Dad told me we were going fishing and I realized that Dad would kill him at the riverÉ.I never told anyone that I shot Armando. My husband is dead because he hit on me and I wanted him out of my life. I regret it but I didnÕt know what else to do.Ó
During Agent VincentÕs testimony, further detail of the body was provided to the court. Vincent testified that when he was called to the Scott County Hospital on July 18 to examine the body, it was deteriorated to the point that it wouldnÕt be identifiable. He said the body had been tied with river rocks, including a 100-pound river rock tied to a belt loop, and a padlocked chain with four cinder blocks had been placed around the victimÕs neck. The autopsy, he said, revealed that Loredo had died as the result of a single gunshot wound to the back of the head, Òwhich shattered the skull and entered the brain.Ó
After the Knox County SheriffÕs Department was able to obtain fingerprints from the body, which were later matched with fingerprints on file in Oak Ridge, investigators located LoredoÕs mother. It was then that they found out Loredo was married, Òand began taking steps to locate the wife.Ó It was learned that Vanessa Loredo, Charles Ray Harvey and Donna LaBoy had been staying at the residence of LaBoyÕs ex-sister-in-law in Caryville.
Upon arriving at the residence, investigators were told that the trio had left for Carriage Trace Apartments in Clinton, where Vanessa LoredoÕs mother resided. Investigators located Harvey and LaBoy in a pickup truck in Clinton, and picked up Loredo as she walked along a street Òtrying to walk to her motherÕs apartment.Ó All three were taken in for questioning.
Vincent testified that Harvey was asked during questioning about a gun possibly being buried on the property. He said that Harvey responded, ÒyouÕll have to prove its mine.Ó
After the hearing concluded, Harvey was transported back to the Scott County Jail and Loredo was transported to Campbell County, where she is being held. The two are expected to reappear in court when the Grand Jury reconvenes in November, at which time evidence will be presented and indictments will be considered.
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