That morning before he left his house, he took his vitamins and talked about coming home early to cut the grass and clean the pool. He said he wanted to spruce the place up before they put it on the market.
Police were tightlipped about their investigation but did say that Shue apparently was “abducted and somehow abused.” Kendall County Sheriff’s investigator went so far as to say that Shue was not in control of the car when it crashed.
No one was surprised when Bexar County Medical Examiner Vincent DiMaio issued an autopsy report declaring that Shue died from head injuries, including multiple skull fractures, caused by the collision. But many were stunned when DiMaio said that Shue’s wounds were self-inflicted and he committed suicide by deliberately running off the road. Tracy Shue, Philip’s friends and colleagues including the fellow psychiatrist who provided counseling to Shue refused to believe that conclusion. Nonetheless, the grand jury backed the medical examiner’s finding.
Tracy hired Forensic Pathologist Cyril Wecht to perform a second autopsy. He released his report in April 2004. He wrote: “I do not agree that this death can be simply labeled as a suicide. It is more likely that another person(s) played a role in his death.”
There was a cell phone in the car and Shue did not call for help. DiMaio believed this reinforced the ruling of suicide. Wecht contradicted that assessment writing that the face of the phone was bloody indicating that Shue may have attempted to use it.
Tracy filed claims against the two insurance companies who carried policies that named ex-wife Nancy Shue as the beneficiary.
Finally, in June 2008, her negligence claim against USAA Life Insurance Company entered the courtroom. In civil court, Kendall County Court at Law Judge Bill Palmer, after listening to testimony and reviewing 2,100 exhibits, cleared the insurance company of negligence but he also issued a statement that Shue’s death was a homicide.
As Tracy left the courtroom, she said: “That’s all I ever wanted. It’s been all about the truth.”
Now District Attorney Bruce Curry needs to decide if he is going to bring the Judge before the grand jury to explain his reasoning. It’s time to re-open the investigation into Philip Shue’s death.