spellman police found his dna just 30 feet from where the girls were shot. that's when he says spellman's demeanor changed. >> he asked me, you know, "what -- what -- what are the consequences?" and i said, "well, in texas, i said, you know this is a death penalty kind of case." >> reporter: and then dylan spellman asked about a deal. >> normally any person that's innocent isn't gonna ask for a deal. you're gonna profess your innocence. and he wasn't. >> now i'm thinking, "this is my guy." >> reporter: so chavez asked spellman to take a polygraph and spellman agreed. >> and how does he do? >> he fails. >> reporter: time for handcuffs, you're thinking? not quite yet. chavez could put dylan spellman at the crime scene, but still had no way of tying him directly to the shootings. >> we have no gun. we have no usable prints. the only thing we have are cigarette butts, monster can, and suspicion.
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