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Ben was a good guy. they had their problems. everybody loved him. he didn't deserve to die. >> reporter: so for the time being it's a he said/she said story. and the d.a.'s deal with dawn to the dismay of james matlean's attorney means she may never face a murder charge. >> the prosecutor made a deal with the devil. now we just need to show him how far in hell she is. >> deal with the devil? the d.a. says without dawn's testimony at the preliminary hearing, the murder charge against james would never have stuck. but dawn wasn't totally off the hook because there was one possibility still. if t...

Yada, yada, and james said, "i'll go out and kill him right now. you just say the word i'll kill him." she was like a broken record. "i want him dead. i want him dead." >> sound like a woman who was shocked when the murder happened? but there was more. it was after that when james matlean told his attorney ken stover it was time to tell the whole story. >> i could tell he was telling the truth. over the course of 15 months he's always told the same story. >> reporter: so now comes another story. james's story. not a love story this time. >> nobody could believe that i would do what i did. i ha...

That sometimes you need the help of one of the people involved to get the main person. >> reporter: and so dawn oxley was offered a limited immunity agreement, cooperate with the prosecution, testify truthfully against james and you won't be prosecuted. a sort of get out of jail free card. why go ahead and make that deal with her so soon? you had her statement. why not hold off for a while and be patient and then get them both? >> let's say we don't do the deal with her and we go out and arrest him. what's our evidence? >> reporter: dawn signed the agreement and james matlean was charged with ...

To sleep, she said. and the next thing she knew, james was back. >> he woke me up and he said, "it's done." i was totally drunk. and then turned around and now i'm waking up out of a dead sleep. i'm like what the hell are you talking about? he said, "the cops are going to be here." seriously right now you're telling me my ex-husband is dead? >> reporter: and she did not take part, she swore, not at all. >> i didn't drive. i was not -- i didn't. i did not go anywhere. i did not plan this. i did not want ben dead. >> reporter: so truth or fiction? there was no solid evidence either way or that j...

Melissa oxley and james matlean's attorney kent stover firmly agreed, only half a measure of justice since dawn is protected by that immunity agreement she signed with the d.a. >> james is not the type of boy who's going to go out and commit a murder in the hopes that dawn will find it acceptable. he didn't do this as a surprise gift. >> reporter: dawn herself declined our request for an interview. but her mom, the retired deputy sheriff, has remained in her corner. >> i know that a lot of people believe that. that it was a blatant conspiracy on her part. but i don't think dawn really wanted b...