you, that okay, they can go arrest him now? we know who did it. >> absolutely. >> that didn't happen. >> uh-huh. >> i kept thinking, surely any day now, any day now. >> investigators had their suspicions as well. they were trying to build a case against smoot. he was the last to see her al e alive. he had an allegedly violent relationship. he had lied to investigators. but so far, they have found no physical evidence tying him to the crime. >> you were able to search his 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 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