The Travis murder case
In the last 125 years of McCook's existence there have been a great many crimes in our town -- maybe no more and probably less than in other Midwestern cities of our size. Never-the-less, when these crimes do occur there is considerable disbelief in the community that "such a crime could happen here!"
In 1979, the murder of a Topeka, Kan., man shocked the people of McCook a great deal, over a considerable period of time. One evening in August, five young men were having a good time at a local bar when they decided to go rabbit hunting.
Four of the fellows were from McCook -- Jerry Bussard, age 24, his brother Les, age 18, Jay Russell Markwith Jr., 19, and Philip Gonzales.
The fifth member of the group was Jerry Travis, age 22, a construction worker from Topeka Kansas, who had been in McCook only a short time.
The group had one .22 caliber rifle. Apparently they never did shoot any rabbits, but for a time amused themselves by shooting at signs and bottles at a location North and West of McCook. For some reason Jerry Bussard thought that Jerry Travis was a Narcotics Agent who had come to McCook to gather drug evidence about the McCook boys, and after a time suggested that they shoot Travis and take his car and money. (McCook Police Chief, Richard Brunswick and County Attorney, Mike Freeman stated that Jerry Travis was not or ever had been any type of law enforcement officer.)
At the trial Philip Gonzales testified that Bussard did shoot Jerry Travis once, after which Travis advised him to be careful with the gun. His answer was more shots. Travis screamed and pleaded, "I'm dying. Get me to the hospital". Jerry Bussard then shot him twice more in the head. He warned Philip Gonzales that if he told what had happened he would receive similar treatment.
Jerry and Les Bussard and Jay Markwith took Travis' body to a location west of McCook and buried it in a shallow grave, then burned Travis' car.
Apparently Jerry Bussard felt that his warning to Philip Gonzales was sufficient to keep Gonzales quiet because Philip was allowed to return to town. After agonizing about his situation for a time and talking it over with his girl friend, Gonzales went to the police with an account of the entire sordid affair.
The two Bussard brothers and Jay Markwith were soon arrested without incident and quickly pleaded guilty to the affair. Jerry Bussard was the only one charged with 1st degree murder, and County Attorney Freeman pushed for the death penalty. Defense Attorney, John Battershell put up a spirited defense for his client, and attempted to discredit eye witness, Philip Gonzales, by pointing out that Gonzales had used marijuana, and at one time had declared that he did not consider marijuana a drug. However, Jerry Bussard's confession, and the testimony of an eye witness made the outcome quite predictable. The defense was no doubt relieved when a three Judge panel, consisting of Jack Hendrix, of McCook, Bernard Sprague of Red Cloud, and Keith Windrum of North Platte, ruled that Bussard should be given "Life Imprisonment".
Les Bussard and Jay Markwith pleaded guilty of "Disposing of a dead body" and being an accessory to the murder. Each was given a six year sentence in the State Penitentiary.
Both boys had had trouble with the law in the past. Jay Markwith had spent time in the Youth Development Center in Kearney. He had been charged with burglary, stealing a motorcycle, auto theft, and escape.
Les Bussard had also had his share of trouble with the law. He had been charged with assault, petty larceny, theft, breaking and entering, burglary, auto theft, and conspiracy to commit these crimes. He had been given probation in 1973, 1975, and 1977, and had he also been sentenced to serve time in the Kearney Facility.
This was the first time that Les Bussard had ever been charged with a crime as an adult. Judge Hendrix noted that if he had been charged as an adult in the past, several of his offenses would have qualified as felonies, and would no doubt have affected his sentence.
During the preliminary hearing and subsequent trial the three defense attorneys created a bit of a stir throughout the legal community, statewide. For the first time in Red Willow County the lawyers called for a "Gag Order", seeking to bar "any officials of the court, County Attorney's office, or defendant's attorney from commenting in any fashion upon any evidence, statements, photographs, or orders of the court in the preliminary hearing or trial".
Attorney Battershell contended that four articles concerning the case prevented his client from obtaining affair trial. County Attorney Freeman agreed that the court needed to assure a fair trial, but contended that "the public needs to obtain sufficient information that the justice system works". Freeman continued, "This can be accomplished by allowing the press and the public to be present".
Freeman was joined in this argument by Gazette Publisher, Allen Strunk, who noted various court reactions across the nation to similar "Gag Order" requests.
It was left to Red Willow County Judge, Cloyd Clark to make the judgment. He cautioned that all those concerned, including the news media must see to it that juries are not prejudiced. He refused to close the hearings, ruling against the motions, saying "If we are to have a responsible Press, we must allow them to be responsible."
Jay Markwith paid his debt to society and was released from prison in 1982.
Les Bussard was released from prison in Lincoln in 1982. Soon after his release he assaulted a government worker in a historical building near the Capitol in Lincoln.
He left the woman badly beaten and was returned to prison. In 2007, now 45 years old, he is listed as an inmate of the Nebraska State Penitentiary in Lincoln.
Jerry Bussard was sentenced to Life Imprisonment for killing Jerry Travis. In 2007, now 52 years old, he is listed as an inmate in the Nebraska State Penitentiary in Tecumseh.
Source: McCook Gazette Centennial Edition, 1882-1982