Month: September 2016

I learned about the Phantom serial killings after watching Killer Legends, a horror-documentary that examines the origins of various urban legends. The director, Joshua Zeman, also directed Cropsey, a documentary well-worth seeing. The book came to my attention when James Presley, the author of The Phantom Killer, was interviewed in the documentary about the murders.

Here are the basic facts: a person or persons unknown attacked eight young people in the Texarkana area, targeting couples necking in cars in lover’s lanes. He killed five people; three escaped. This was in 1946, decades before Robert Ressler coined the term serial killer. The author does a fine job detailing the investigation, which by today’s standards was shoddy. The lawmakers in question had never dealt with serial killings and focused on motives like robbery or revenge, trying to locate enemies of the couples. This was the wrong approach, as most serial killers do not know their victims.

A man named Youell Swinney was picked up by the police and immediately became the Number One Suspect, for reasons I still don’t quite understand. It seems that one of the investigators came up with the theory that the killer might be using stolen cars, and Swinney was a known car thief who operated in the area. Investigators placed Swinney near the crime scenes on the nights of the murders. However, they had nothing more than circumstantial evidence on him.

Peggy, Swinney’s wife, gave a statement to the effect that her husband was the Phantom, claiming that she witnessed two of the murders, but as his wife Texas law forbade her from testifying against him. From the author’s account, it’s doubtful she would have made a good witness. Eventually, Swinney was convicted as a habitual offender – he had a long list of crimes, ranging from petty theft, burglary and counterfeiting and escalating to assault and car theft – and given a life sentence (Texas had a three strikes and you’re out law). He was released in 1973 and spent the rest of his life in and out of jail.

The first half of The Phantom Killer is by far more interesting. Mr. Presley paints a vivid picture of Texarkana in 1946 and gives us a detailed description of the crime and subsequent investigation, conducted by a number of colorful lawmen. The second half of the book lagged, focusing on Swinney and how investigators attempted and ultimately failed to build a case against him.

The obvious question is whether Swinney was indeed the Phantom. The author is convinced he was. Please note that Mr. Presley’s uncle was a sheriff deeply involved in the Phantom case, so he can hardly be called unbiased. After reading this book, I wasn’t convinced. Lawmakers never had anything more than circumstantial evidence against Swinney, and it seems doubtful a jury would have sent him to the electric chair on that basis. The other question that comes up is whether Swinney had adequate legal representation, which is perhaps of greater interest to legal scholars.

I drew three conclusions from reading The Phantom Killer: 1. Swinney could have been the Phantom; 2. Lawmakers couldn’t prove Swinney was the Phantom; 3. Swinney was sent to prison – fairly or unfairly – for a number of lesser crimes using laws then on the books.

I’m still unsure why Swinney suddenly became the main suspect. To me, it looks like lawmen decided that the killer was also a car thief, which automatically made Swinney – a known car thief – their number one suspect. Strangely, they never had two of the survivors try to pick Swinney out of a lineup, even though one of them said her assailant had a voice she’d never forget.

And then there’s Peggy Swinney’s statement. Actually, statements would be more accurate. Her first account of the night of the double murder is full of inconsistencies. Her revised statement, made months later, is much more coherent, mentioning a number of crucial details she’d omitted in her first account. Amazingly, Ms. Swinney’s memory of the events of that night seemed to become clearer with the passage of time; either that, or she was coached, picking up salient details over the course of multiple interrogations.

The Phantom Killer contains a fair bit of psychobabble about why Swinney was such an unpleasant character. It is undeniable that Swinney was a sociopath, displaying violent and antisocial tendencies. He could have been The Phantom, and the murders ceased after his imprisonment. It is also undeniable that lots of people in Texarkana –by the author’s own admission, a hotbed of crime – had similar psychological profiles and could have been the Phantom also.

So did the Phantom Killer escape justice? It’s hard for me to believe that he just stopped killing, although apparently sometimes serial killers do. My feeling is that he either killed himself or was jailed for another crime. Was the Phantom Killer Youell Swinney? He fits the profile, but we’ll never know.