If he did, his ploy succeeded.

Ten years passed and Cooley was approaching his release from Colorado. But by then, World War II had scattered some of the original investigators and witnesses. And Boone County had elected a new prosecutor, who was unaware that the most complete investigative file was stored with the Nebraska State Patrol and not Boone County.

The prosecutor decided that the evidence wasn’t strong enough to charge Cooley. A suspected cop killer was allowed to walk free.

The crime unfolded on June 17, 1937, when the officers encountered two men while responding to a report of a suspicious vehicle. The two vehicles met at a remote pasture gate along a two-track sand road. As the officers got out, bullets flew.

Smoyer, who had survived combat in World War I, was struck in the chest and died within seconds. Wathen was hit in the hip and the bullet damaged his spine, leaving him instantly paralyzed.

The constable managed to empty his .38-caliber Colt revolver at the fugitives as they started to drive off. The assailants stopped, fired several more errant shots, took the firearms from both officers and shot the tires of the sheriff’s car before fleeing.