Bodies Found near Southern Utah Tied to Case of Missing Couple

Two bodies found buried near southern Utah have been tied to a case of couple missing since January.

Human remains

Photo by: Tom Britt

Two sets of human remains were found in the desert just south of the Utah/Arizona border recently and one of the bodies has been officially identified as 63 year old Susan McFalls. The other set has yet to be identified, yet family members expect the DNA results will match that of Susan McFalls’ husband, 63 year old Jerry McFalls. The two bodies were found buried on the side of a dirt road within view of Interstate 15 and investigators have determined the cause of death to be homicide.

Missing persons

The retired couple who has two homes- one in Littlefield, Arizona just south of the Utah border and another home in West Jordan, Utah have been missing since January 11th, 2018 while at their Arizona home. That afternoon, the couple had texted their family members in northern Utah to let them know they were going to be traveling to their Utah home that weekend. No one ever heard from them again. 10 days later, family members contacted law enforcement to do a welfare check at the couple’s Littlefield, Arizona home. Officers were not able to find Susan and Jerry McFalls, but they did locate their pets as well as personal effects and packed vehicles still at the home. With the front door ajar, TV blaring, and dinner mid-preparation, Jerry and Susan McFalls appeared to have vanished. It wasn’t until over ten months later that the human remains were discovered mere miles from the couple’s home.

Foul Play in the desert

Photo by: Don Graham

Law enforcement determined that due to the way the bodies were found, foul play was suspected. There is suspicion surrounding a disgruntled neighbor who was set to go to court regarding assaulting Jerry McFalls with a pellet gun, however no one has been officially charged and the missing persons case is now an active homicide investigation. Those found responsible for the deaths of the couple will end up facing multiple charges including homicide and desecration of a human body.

Murder Conviction When a Body is Not Found

When a victim is presumed dead yet a body is not found, is a murder conviction even possible? This is a question on many southern Utah residents’ minds after a young father went missing under suspicious circumstances and has yet to turn up.

Gone, but not without a trace

Empty Room

Photo by: Brad K.

On June 27th, 2016 30 year old David Corey Heisler went missing from his Santa Clara, Utah home and many in the community are crying “murder”. When Heisler was reported missing, he and his vehicle were nowhere to be found yet his personal belongings such as a wallet and cell phone were still in the home that Heisler shared with his father, step-mother and daughter. He also had a video game on pause, alluding to the fact that he had no intention of leaving home at that time. To create more cause for concern, blood splatter was found throughout the home which indicated that a struggled likely ensued.

Extreme custody battle

During the investigation, police were able to locate three suspects in connection with Heisler’s disappearance. The first was Kelley Marie Perry, who just two weeks prior lost a custody battle for the pair’s 6 year old daughter, Mariah. The second person arrested was Francis Lee McCard, a man who witnesses said was frequently seen with Perry and is described as being strongly built and likely able of effortlessly overpowering Heisler. The third person arrested four days after Perry and McCard is Tammy Renee Freeman who is alleged to be the transportation in the case.

Planned kidnapping

All three individuals arrested have admitted involvement with the suspicious disappearance of David Heisler. Perry and McCard told authorities they surprised Heisler at his home where they physically assaulted him, tossed him in his own car, and drove him out to the desert. When Perry met up with Freeman who had previously dropped the duo off at Heisler’s home, McCard claims he drove Heisler to a secluded area south of the Utah border where he left the victim alive. He then stated to ditching the vehicle and meeting back up with Perry and Freeman. Heisler’s missing vehicle was located by authorities in Beaver Dam, Arizona which is located a mere 34 miles from Heisler’s home yet a considerable distance away from where Heisler was reported to be left. Blood splatter on the car and evidence of a discharged firearm increased concern of Heisler’s well-being, and whether or not he survived the kidnapping.

3 felonies but no murder charge

Photo by: Ian McKeller

Photo by: Ian McKeller

Perry, McCard, and Freeman are all facing charges of first degree felony aggravated burglary, first-degree felony aggravated kidnapping, and second-degree felony theft of a motor vehicle. One charge that has not been added thus far however is murder. With Heisler missing over two weeks in triple digit temperatures with no food or water and probable injuries, the public is skeptical that Heisler is alive. Heisler’s family and law enforcement officials however have told the community to not give up hope for a safe return. This hope of finding Heisler alive could be what is preventing murder charges to arise, however the possibility of not having a body may also prevent police from charging the three with murder.

Murder conviction with no body

If the trio is charged, is a murder conviction possible if a body is never located? The answer is yes, yet proving a murder without a body is not an easy thing for prosecutors to do. The reason for this is to prevent wrongful convictions, especially when it could lead to life in prison or the death penalty. In the case of David Heisler, a large majority of the public has already deemed Perry, McCard, and Freeman guilty for murder of Heisler either by a gunshot wound or by leaving him to die of exposure, yet at this time no one knows for sure if he is alive or dead. Without a body or enough circumstantial and forensic evidence to back up a murder charge, a judge or jury cannot and should not agree with a murder conviction; an experienced criminal defense attorney would help ensure that.