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Section Two The Canadian Statesman, Bowmanville, Wednesday, August 10,1994 11 Police suspected the murder of a ruthless contractor and his gwlfliend was the handiwork of a construction competitor --until a case was built against her jilted ex-husband Max HAINES Crime Flashback I t has been said that opposites attract. If ever two people were completely different, they were Carolyn and Joe Nail. Carolyn, 48, was a dark complected brunette with a stunning figure. figure. A graduate nurse, she had risen in the ranks of the Marshall Memorial Hospital in Ma dill, Oklahoma, to become director of nursing. Her husband, husband, Joe, was an oil field roustabout who drank heavily between jobs. He was constantly fearful that Carolyn, more often than not the family breadwinner, breadwinner, would leave him. Joe's fears were well-founded. Carolyn couldn't abide the drunkenness and abusive abusive threats indefinitely. In August 1989, she obtained a divorce. Joe didn't take the divorce well. He drank more than usual and often confided to acquaintances acquaintances that he would get even with "that bitch." Carolyn went about restructuring her life. She dated 60-year-old Don Hofferber, a successful contractor. Although Don had divorced his wife in 1976, they continued to have an off-and- on relationship until 1990, when they permanently permanently parted. He liked and admired Carolyn Nail. With both free, it was a foregone conclusion among their friends that the pair would eventually marry. Meanwhile, Don was Carolyn's constant companion. Madill is a small Oklahoma town with a population of slightly over 3,000 inhabitants. inhabitants. Violence is not an everyday occurrence. Murder and its ugly ramifications ramifications are practically unknown in the peaceful little community. That's one of the reasons the desperate call to the hospital hospital received immediate attention. On Sat., June 2, 1990, the Marshall Memorial switchboard received an ominous ominous call pleading, "Help me." There followed a fading partial address. In minutes, an ambulance and police were speeding on their way to Carolyn Nail's home. The first officers at the scene noted the glass patio door at the rear of the house was broken to pieces. Proceeding with caution in case the intruder or intruders were still in the house, police made their way to the master bedroom. There, at the foot of the bed, clad only in shorts, was the body of Don Hofferber. He had been shot in the neck, abdomen and arm. Carolyn lay dead beside the bed. She had managed to dislodge a white telephone from the night table and call the hospital before she died. She had been shot five times. Three bullets had entered her back, causing her death. It was later determined both had been murdered with the same weapon, a .22 calibre semiautomatic semiautomatic rifle. From the position of the bodies, it appeared the killer had opened fire at the couple from the bedroom doorway. Carolyn's pit bull cowered in a corner amidst the blood and chaos. Police found $1,700 in Don's wallet, which ruled out robbery as a motive for the killings. An autopsy indicated the pair had engaged in intercourse shortly before being shot. Don had died instantly, but Carolyn had lived long enough to make her desperate phone call. Initially, police felt one of Don's many competitors in the construction business, business, envious of his success, may have been responsible for the killings. Don had a reputation for being a ruthless businessman. It didn't take long for police inquiries to turn up the bad feeling feeling Joe Nail harbored toward his former former wife. It was learned that Carolyn had told Don of her fear of Joe. Don had given her a .25 calibre handgun for her protection and purchased a .380 calibre weapon for his own use. Both guns were located, but neither played a part in their owners' deaths. Joe, who lived in a trailer 65 km from Madill, was questioned. He readily consented consented to have his trailer searched. Nothing incriminating was found. Joe admitted he hated his ex-wife, accusing her of running around on him before they were divorced. He wasn't sorry someone had blown her away, but swore he wasn't the guilty party. Joe said he had been fishing alone at the Lake of the Arbuckles at the time of the murders. murders. He had last seen Carolyn a few days before her death, when he had gone to her house to pick up the pit bull, which they owned jointly. He had returned the dog the same day. That was Joe's story and he stuck to it. Investigators believed that Joe Nail, probably intoxicated, had committed the double murder. Despite their suspicions, there was no eyewitness and no murder weapon. Their case had to be built on circumstantial evidence and that's exactly what they set out to do. In a small town the size of Madill, rumors spread like weeds. Many reached the ears of the police. Everyone in town realized an aggressive pit bull would never allow a stranger free access to the house without offering some resistance. Surely the killer was well-known to the dog. A neighbor of Carolyn's contacted police, saying that on the evening of the shooting, while standing in her front yard, she noticed a white pickup parked in front of Carolyn's house. She went into her home for a few minutes and then came back outside. As she did so, she watched the pickup drive away. When it was directly opposite her, the driver stared at her. Their eyes met. She swore it was Joe Nail. Although Joe had stated he had been fishing at the time of the crime, a security security guard at his trailer park swore Joe had driven out of the park in his white pickup about two hours before the murder murder and had returned about an hour after the murder, allowing him plenty of time to drive the 65 km to Carolyn's house and back. In addition, several of Joe's acquaintances came forward, stating stating that he had often verbally threatened threatened to kill his ex-wife. Carolyn's friends volunteered that she lived in fear of Joe. Detectives believed this was a case of murder without any great intrigue or plot, simply a man enraged at his ex- wife and her lover, enraged enough to kill them both. In October 1990, Joe was taken intc custody and charged with the double murder. The prosecution provec Carolyn had once given Joe a .22 calibre semi-automatic rifle as a birthday pre sent. They produced a witness whe placed Joe in his truck about 15 km frorr Carolyn's home, as well as the neighboi who placed him in front of Carolyn's home. The security guard from Joe's trailer camp also gave his damaging evidence. Joe's defence attorney pointed out that Don Hofferber had business enemies who wanted him out of the way. In addi tion, several members of his famil) stood to inherit large sums of money anc a prosperous business. Wasn't it just possible that Don was the main target and Carolyn an incidental victim? The Oklahoma jury thought not. Joe was found guilty on two counts ol first-degree murder, placing him ir jeopardy of receiving the death penalty However, his attorney pleaded that the murders were crimes of passion. Ile was successful in having Joe Nail sentenccc to two life terms without possibility ol parole.