Kevin Brian Dowling
		York
	County, Pennsylvania 
	Date of Crime:  October 20, 1997
		Kevin Brian Dowling was charged with of the robbery 
		of 43-year-old Jennifer Lynn Myers. Fourteen months after the robbery, 
		when Dowling was out on bail, Myers was murdered. Dowling was convicted 
		of both crimes and sentenced to death for the murder. 
		  
		Myers was robbed on Aug. 5, 1996 at the shop she owned named 
		Tailfeathers Gallery and Custom Framing in West Manchester Twp., Pa. A 
		U.P.S. delivery driver, Gary Altland, arrived at her shop at 11:00 a.m. 
		He said the victim reported she had been robbed at gunpoint and tied up. 
		She told him she might know her assailant, that someone was playing a 
		trick on her, and that she did not want the police or her husband 
		called. Altland left and mentioned the crime to a woman at a nearby animal 
		hospital who called police at 11:09 a.m. He told police he did not 
		see a suspect or vehicle. Following the report of the robbery, a police 
		officer, Peter Haines, said he happened to see the apparent robber leave Myers' shop 
		and get into his car about 10:50 a.m. The robbery suspect crossed the street 
		right in front of his police cruiser. An elderly couple, William and 
		Linda Jarmon, also saw the same suspect at this time. 
		  
		Prior to the robbery Myers had worked for a man named Randall Turner 
		but had left to start her own business in a building Turner rented to 
		her. Immediately following the 
		robbery, Myers told witnesses that that Turner did not take her leaving 
		his business and going out on her own very well and indicated that 
		Turner may have been involved in the robbery. To some witnesses she said 
		that she knew who the perpetrator was and that the attack was some type 
		of “joke” and that, as a result, she did not want to contact the police. 
		  
		Myers reported having an argument with Turner days before the robbery; 
		She repaid Turner the full amount of a business loan and moved the 
		location of her business shortly after the robbery to a building in 
		Spring Grove that was not owned by Turner; She renamed her business 
		Greyfox Gallery; Myers indicated to 
		others that she had a conversation with Turner following the robbery 
		wherein Turner was crying and apologized to her; She gave the police 
		information that Turner had people who would “do things for him;” 
		Following her murder, Turner shared the proceeds from the sale of Myers’ 
		business. 
		  
		Three months after the robbery, Myers stopped at a Sheetz convenience 
		store in Hanover, Pa. and saw a man she said reminded her of the robber. Myers did 
		not report her observation until two weeks later when police contacted 
		her and said they had no suspects in the robbery. Myers explained her 
		failure to report the observation by saying that she was “not certain” 
		the man she saw in the store was the perpetrator. She also indicated 
		that the similarity to the perpetrator of the man she saw was based on 
		voice and skin tone rather than on facial recognition. In her 
		detailed description of the robber she initially gave the police, she made no mention of 
		his voice or skin 
		tone. 
		 
		A police report states that 
		Myers and her husband Steve were regular customers of the Hanover Sheetz store. They would buy gas and she would go inside the store to get coffees and 
		pay for everything. The report stated that the 
		man in question was wearing a “Manager” nametag. After Myers' 
		death her husband 
		gave testimony that his wife mentioned the man to him at the time 
		of their visit, but he left 
		without going inside to see who she was talking about. 
		 
		At the time of Myers' sighting of the possible perpetrator, the Hanover Sheetz store trained all 
		Sheetz General Managers and 
		Assistant Managers for the region. On any given day there were 4 
		to 6 clerks on duty along with 1 or 2 Assistant Manager trainees and 1 
		or 2 General Manager trainees. There was also a Training General 
		Manager. The Assistant Manager trainees wore company smocks and 
		hats and nametags that said “Manager.” The General Manager 
		trainees were dressed differently, wearing white dress 
		shirts, ties, and burgundy colored cardigan sweaters. They also had 
		personalized nametags. One of the General Manager trainees was 
		Kevin Brian Dowling. He wore a name tag 
		that said “Kevin.” 
		 
		When police questioned Dowling, he told them that on 
		the day of the robbery he 
		drove to the Hanover Sheetz store from his home in Lancaster County. This trip took him on Rt. 30 on which 
		police told him Myers' shop was located. At the time of the 
		robbery Dowling worked as a General Manager for Wendy's 
		Restaurants. He was offered a position at Sheetz and if he 
		accepted, he would have to attend training at his choice of  
		Sheetz stores, one in Hanover, Pa. and another in Reading, Pa. Before 
		accepting a position, he visited the Hanover store. This visit 
		occurred on the day of the robbery. Dowling’s trip to 
		Hanover took him past Myers’ shop at 10 a.m. and again at 11 a.m. 
		on his return. The robbery occurred about 10:45 a.m. Dowling 
		arrived before noon at the Wendy’s restaurant in Highspire, Pa., which 
		he managed, wearing his Wendy's General Manager uniform. Dowling 
		accepted a position with Sheetz the next day. Police arrested 
		Dowling for the robbery of Myers' shop eight days after she reported 
		the man who reminded her of the robber. 
		 
		Myers was never taken to the Sheetz store to identify 
		anyone, nor did she identify Dowling in any physical lineup or photo 
		array. Following his arrest on Dec. 4, Dowling’s mugshot photo was 
		displayed in the newspaper and on television news. It is assumed Myers 
		saw it. At his preliminary hearing on Feb. 24, 1997, a prosecutor 
		pointed out Dowling to Myers.  
		  
		At the time of the robbery Myers said the assailant wore a dark cap and 
		aviator style sunglasses. She said he had held a gun in his left hand, dropped it, and picked it 
		up with his left-hand. The assailant had a military or police demeanor 
		and told her that he had just gotten out of prison and did not want to 
		go back. Dowling is right-handed, had no military or police training, 
		had no prior convictions, had never been imprisoned, and did not own any 
		clothing that matched the assailant's. Myers described her assailant as 
		being in his late forties, about 5'6" tall, and weighing about 185 lbs. 
		Dowling was 38 years old, at least 5'11" tall, and weighed 205 lbs.  He 
		had a somewhat broken pair of sunglasses (non-aviator) in his car when 
		arrested four months later. 
		  
		The day before Dowling's arrest, Myers suddenly remembered she had been 
		sexually assaulted as well as robbed. Such a remembrance may have been 
		encouraged by the police in order to create juror prejudice against the person they 
		planned to charge with the robbery. At Dowling’s trial, 20 months 
		after the crime, the U.P.S. 
		driver, Gary Altland, would change his account of his encounter with 
		Myers to accommodate this alleged assault. At trial Altland claimed that Myers came down the 
		steps tossing ropes off, with a torn blouse and a bra up around her 
		neck. He claimed she said the suspect tried to rape her. An Officer 
		Crider testified he arrived at 11:15 a.m., and found the victim on the 
		phone to police then herself. He was not told about an attempted rape, 
		her clothes were in order, and he saw no rope marks on her wrists or 
		ankles, as Altland claimed. Altland also claimed that he saw 
		something go by him quickly as he was bringing in packages and then 
		heard tires squealing and horns blowing. In connection with the robbery 
		Dowling was also convicted of an attempted sexual assault of Myers. 
		  
		Ten months after Dowling's arrest, while he was out on bail, Myers was 
		shot to death at her new shop in Spring Grove, 
		Pa. The following day Dowling's attorneys filed a motion on their own to 
		dismiss the charges against him because the case could not proceed as 
		their client was now unable to confront his accuser. Dowling did not speak to 
		his attorneys until after the motion was filed. The timing of the motion 
		raised suspicion that Dowling killed Myers to get the robbery case 
		against him dismissed. The trial judge delayed ruling on the motion, giving 
		police and prosecutors two months to meet with other witnesses and coach 
		new statements from them about what Myers allegedly told them. None of 
		the witnesses’ statements were reported to the police prior to the 
		murder. These statements were ruled admissible as “excited utterance” 
		exceptions to the hearsay rule. 
		  
		On the day of the murder, Dowling went fishing on a lake. He said 
		he planned to fish the whole day but because the fish were not biting, 
		he left at 11:05 a.m. to go to Adult World entertainment establishment 
		in Harrisburg, Pa. He was in Harrisburg at the time of the murder which 
		occurred about 12:57 p.m. He then returned to the lake to fish, arriving 
		there about 3 p.m. Since he had previous arguments with his wife for 
		going to places like Adult World, he videotaped himself fishing to show 
		her he spent the day innocuously. He made numerous video clips of 
		himself and altered the time display on four of the afternoon clips to 
		an earlier time so that his wife would believe he spent the whole day at 
		the lake. 
		  
		Early the next morning, while Dowling was working an overnight shift, 
		police came to his house and questioned his wife. She told them he spent 
		the day fishing and showed them the videotape, which police seized. At 
		Dowling’s trial the prosecution presented the videotape as a false alibi 
		intended by Dowling to fool the police. However, neither he nor his 
		attorneys presented it as an alibi or in a notice of alibi. He told his 
		attorney the day after his arrest for the murder that he was at 
		Adult World at the time of the murder. 
		  
		Years later the Court TV show Forensic Files produced and aired 
		a TV episode entitled “Shadow of a Doubt,” that focused on the Dowling’s 
		alleged videotape alibi. The show’s producers did not consult with 
		Dowling or anyone connected with his defense. The show even claimed that 
		Dowling was left-handed as was Myers’ robber. As proof, it displayed a 
		prosecution supplied photo of Dowling holding a phone in his left hand. 
		The prosecution had admitted in court that Dowling is right-handed. 
		  
		There is much evidence that Dowling had been at Adult World on the day 
		of the murder although this evidence was not revealed until years after 
		his convictions. Adult World and the lake where he went fishing are 
		both about an hour’s drive from the scene of 
		the murder. Adult World is also about an hour's drive from the 
		lake. Two school bus 
		drivers, Karen Wood and Kim Able, saw the murder suspect in a parking 
		lot near the murder scene between 7:50 and 8:20 a.m. A third witness saw 
		the murder suspect in the same parking lot between 10 and 10:35 a.m. 
		when she went into a store to shop. She said that after she exited the 
		store at 10:50 a.m., the suspect almost hit her with his car. The 
		videotape makes clear that Dowling was still fishing at 10:44 a.m. (this 
		time was acknowledged to be legitimate by an expert witness called by 
		the prosecution). Thus the murder suspect seen by witnesses could not 
		have been Dowling. 
		  
		At trial for the robbery, Officer Peter Haines testified that he looked 
		right at the purported assailant, but could not identify Dowling as the 
		man he saw, nor his car. However, the elderly couple, William and Linda 
		Jarmon, who also saw the purported assailant, identified Dowling and his 
		car. This identification occurred 20 months after the robbery, after the 
		Jarmons had undergone hypnosis by a police hypnotist. 
		  
		Much evidence implicates other suspects in robbery and 
		murder. One of them is the Randall Turner mentioned above. Another is 
		Howard Poteet, a man who went on a robbery spree in the York County 
		area. In his known robberies Poteet wore clothing similar to those described by Myers. In 1995 Poteet had spent months in prison on forgery charges 
		before being paroled 9 months before  
		Myers' robbery. Myers' robber told her he 
		had recently been in prison and had no desire to return. Poteet was also 
		known to have been in the general area of Myers' shops at the times of 
		the robbery and murder. He was known to return to the 
		same locations to commit crimes twice. A witness of the murder suspect 
		made a composite that 
		bears a strong resemblance to Poteet. A second witness identified 
		a newspaper photo of Poteet as being similar to the murder suspect she 
		saw. 
		 
		Another suspect in the murder is Steven Myers, the victim’s husband. A 
		pair of sunglasses were found near the decedent’s body, and although 
		Myers talked to police on the day of the murder, he did not admit the 
		sunglasses were his until days later, after it became obvious that 
		police were interested in them as a means of identifying the murderer. 
		Myers told police that he was at work until 3 p.m. on the date of the 
		murder. Nevertheless, when police sought his time-card to verify his 
		alibi, Myers’ employer, Mr. Robert Myers, refused to provide it. 
		  
		The murder weapon was determined to be a .357 caliber revolver, Smith 
		and Wesson model. Steven Myers owned this same model. Steven’s brother, 
		Lonnie Myers, turned over Steven’s gun to the police 17 days after the 
		murder. Police never officially ruled it out as the murder weapon. 
		 
		There was much evidence in the case that was withheld from Dowling's 
		defense during his trials or destroyed by the police. The two 911 
		calls made reporting the robbery were destroyed by police along with 
		transcripts made of them. 
		  
		In 2001, three years after his convictions, Dowling got photocopies of 
		two boxes of withheld discovery material from both of his trials. In it 
		was proof that the prosecutor coached and tampered with witnesses in 
		both trials. In 2007, Pennsylvania Governor Rendell signed a death 
		warrant for Dowling. Dowling's execution has since been stayed.  
		[10/12] 
		________________________________ 
		Reference:  Dowling 
		Case Files 
	 
	Posted in: 
	Victims of the State, 
	Central Pennsylvania Cases  
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