did it? >> oh, absolutely. >> but thatidn' happen. >> huh-uh. and i kept thinking, well, surelyny day now, any day now. >> investigators had their suspicions as well and they were trying to build a case against smoot. he was the last to see her alive. they had an allegedly violent relationship. he had lied to investigators. but so far they had found no physical evidence tying him to the crime. >> you were able to search shawn smoot's apartment? >> we were. >> did you find anything? >> we found an empty box that once contained a firearm with some ammunition. >> no gun? >> no gun. >> the box was for a .32 caliber pistol, the same caliber as the murder weapon. and the ammo -- >> that was the same style of ammunition that was found at the murder scene. >> but without the actual gun itself, the circumstantial case wasn't strong enough to charge smoot with murder.