Duty, Death, Dishonor

A Soldier Returns From War And Vanishes

(CBS) 
During Martinez' entire rampage, Burgoyne insists he was merely a bystander. It was only after Richard was dead that Burgoyne says he sprung into action.

"I grabbed his legs and Martinez grabbed his arms. I just moved him off into the brush about five feet," Burgoyne recalls.

Asked why he would help Martinez, Burgoyne said, "I just wanted to go home. I wanted to get outta there, get away from it."

Next, all four soldiers drove to a convenience store where Burgoyne bought lighter fluid. Then they drove back to the woods.

Burgoyne says he poured lighter fluid on Richard's body, lit a match, and then ran away.

Asked how he could do this, he says: "It was like I had no conscience. He was a dead body. It was like I had lost control and I wanted to get back and that was the only way to do it. And that's what I thought off the top of my head. 'Burn him.’ "

A few nights later, Burgoyne, Martinez and Navarette went back to hide Richard's remains deeper in the woods.

The four soldiers then all went their separate ways until they were arrested nearly four months later, and Burgoyne gave police his statement.

When Lanny Davis heard what Burgoyne told police, he was furious. He says he doesn't buy the story that Martinez stabbed his son while the others simply stood by.

"That's the biggest crock of lies I ever heard in my life," Lanny says.

Asked what makes him think they're lying, Lanny says: "Because they're not afraid of Martinez. Martinez wasn't the ring leader. I think Burgoyne was."

Justin Harris, who served in the military with all four men arrested for Richard's murder, is also puzzled. He finds it hard to believe Martinez, who was married and a father and about to leave the Army, would commit such a crime.

"As far as I've known Martinez, a couple years, he never even got into a fight. I was surprised by the whole situation really. But as far as picking a person out of it … it wouldn't be Martinez," says Harris.

But Harris says Burgoyne's involvement isn't surprising at all. In fact, just before B Company deployed to Iraq in January 2003, Burgoyne had a confrontation with Richard at another strip club.

"Richard threw some change on the stage. And the lady that was on the stage took that offensive. And we ended up being asked to leave. And Burgoyne said, 'All I want to know is, who threw the change?' " Harris recalls. "And Richard raised his hand, almost instantly, and said, 'I did.' And when he said that, Burgoyne then started hitting him."

Harris says Burgoyne hit Richard pretty hard.

"So, hearing that Jake was involved in this event, whatever it was that ended up with the death of Richard Davis, isn't that surprising to you?" Moriarty asks Harris.

"Not really. It doesn't surprise me much at all," he replies.

But Burgoyne's mother, Billie Urban, never doubted her son or his story that Martinez alone stabbed Richard. What she could not understand is why Burgoyne would watch it all happen, and then cover it up.

"It's like it's another person, 'cause that's not something my son would do," she says.