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Who killed Rose Marie Bagley? Was it an acquaintance last seen with her? Was it a patron of a remote country bar? Someone else? Who would do such a thing? Why? These questions have remained unanswered since Rose Bagley's body was found near an Oklahoma farm pond on July 4, 2006.
Here is what we do know:
A convenience store clerk claims to have seen Ms. Bagley with three other individuals departing in red pickup truck on the day of her disappearance (May 23, 2006). A man told investigators that he brought Ms. Bagley from Lindsay on May 23 to take her to Newberry’s Express Pharmacy in Marlow to pick up a prescription. He said the prescription was not ready and they went to Love’s Country Store (South) in Marlow. Foss said he went inside Love's while Ms. Bagley called someone from outside the convenience store. He then drove Ms. Bagley to the Cow Town Bar in Cox City. The man says he did not notice if she entered the bar. Owners of the Cow Town Bar said they didn't see Ms. Bagley on inside the bar on the day she disappeared. One of the owners said that she might have seen Justin Brian Foss that afternoon.
Charles Heaton, an acquaintance of Foss's, claimed that Foss called him over to his house five miles east of Marlow on May 23, 2006. He said that Foss was taking oxycontin. Heaton said that Foss asked him to go camping, then showed Heaton $300 in his billfold.
Heaton said that Foss claimed to have struck Ms. Bagley on a road north of the Bray store. According to Heaton, Foss said that he then went to his truck where he retrieved a gun and shot Ms. Bagley. Foss then showed him the murder weapon, according to Heaton.
James Kee, Justin Foss's attorney, believes that area residents are presuming Foss guilty based on gossip and no evidence. "Justin and his family have fully cooperated with everyone involved in the investigation," Kee said. "We have an alibi for everything that happened that morning, and they have no physical evidence connecting him to the crime". "They have no evidence she was shot. They don’t even know if she died on the 23rd." Kee contends that since the interviews were conducted over a month after the disappearance, that they produced unreliable responses. "How many people do you remember talking to 43 days ago?," "Not many people can remember everyone they saw or exactly what they said to them 43 days later."
Kee claims to have a list of at least four others who he believes should be persons of interest. Speaking of Foss, Kee stated "He’s never been arrested for any misdemeanors or felonies. No trouble other than traffic violations. He’s not a bad guy."
Update: Justin Brian Foss pled guilty April 9, 2007 to possession of a controlled substance (a felony). Foss received a five year suspended sentence and had to pay a fine and court costs totaling $2151.40. Because he was found with methamphetamine in his possession, Foss will also have to attend an in-patient drug and alcohol treatment program for a minimum of 30 days.
If you have any information concerning this case, contact the O.S.B.I. at 1-800-522-8017
This page and the website it is contained within, are intended to state only known facts. No guilt of any party is claimed or implied. All persons are innocent until proven guilty by a court of law.
Sources: Oklahoma District Court Records, Duncan Banner, Marlow Review
