FORT WAYNE, Ind. (WANE) – Dan Osborn was 47 when he was killed at his Subway shop on April 23, 1998.
That night around 11 p.m., he’d gone to his shop to make sure his younger employees were safe after the shop in the 3100 block of East State Boulevard had been robbed about a month prior. He and his wife, Becky, owned the shop. His primary job, though, was as a confinement officer at the Allen County Jail.
Twenty five years later, Fort Wayne police homicide detective Brian Martin says a convicted killer named Bernard McClaney, now 48, is the one he believes shot Osborn.
McClaney was extradited Friday to Fort Wayne from the Pendleton Correctional Facility- where he was serving time for another killing- and appeared Tuesday in Allen Superior Court on charges of felony murder, robbery causing death and criminal confinement.
According to 1998 police reports, the robber, now named as McClaney in Allen Superior Court documents, entered the store and demanded money.
A female employee saw the gunman first. The robber ordered her to the rear of the store and then encountered Osborn and shot him, court documents said.
The employee was ordered to open the safe which she did. The robber “took an undetermined amount of money,” now known to be about $500, and then tied up the employee and fled the business on foot, according to a probable cause affidavit written by Martin.
“Witness 1 advised as Daniel Osborn was hanging up the phone, the suspect pointed the gun at Daniel and shot him. Witness 1 stated that the suspect shot Daniel one time, hesitated and shot a second time,” Martin wrote in court documents.
As the robber followed the employee to the safe, he had a gun on her.
After she gave him the money, she was ordered to lie down on the floor behind the cash register in the food service area and the robber “then took grey duct tape and taped her hands up,” court documents said.
“You better call for help; call 50 he needs it,” the documents said, referring to a code for a police officer. The employee waited “until she heard the door buzzer go off… then looked up and attempted to get up and get the duct tape off of her hands…. before she called 911,” court documents said.
Martin, who heads up cold cases for Fort Wayne police, told WANE 15 that McClaney was interviewed at Pendleton Correctional Facility where he was serving a 55-year sentence for the killing of Artie Rittenhouse, another 1998 homicide.
McClaney was convicted in 2013 for Rittenhouse’s death, but at the time he was already serving time for a different homicide in Ohio.
“This case began back in 2013 when detective Cary Young was investigating a different cold case. That was in the Artie Rittenhouse case,” Martin told WANE 15.
Young was able to get a DNA hit on the Rittenhouse case which ultimately led to the arrest of McClaney. At that time, Young developed some information from McClaney and found “another case or two” they believed could be tied to McClaney.
Asked whether McClaney could still be tied to another killing, Martin said “Maybe.” McClaney thus far, though, has not been charged in any other killings.
Osborn still had on his confinement officer uniform, something that Martin believes could have been a contributing factor when McClaney allegedly pulled the trigger after “freaking out.” Martin called it possibly an armed robbery gone wrong.
“I was able to do some interviews at the Indiana Department of Correction. In those interviews, Bernard McClaney became a very strong suspect. We were able to get Bernard McClaney to give very vital key pieces of this crime to us, that only somebody who had intimate knowledge would know,” Martin told WANE 15.
Court documents indicate McClaney was known on the streets as “Sabu.”
“We were also able to interview other individuals at the Department of Corrections who had some information that they had gained from Mr. McClaney that ultimately led to his arrest,” Martin added in his interview with WANE 15.
While McClaney’s DNA tied him to Rittenhouse’s homicide, investigators in the Osborn killing relied on interviews with witnesses and McClaney himself, Martin said.
“Mr. McClaney gave some very damning statements,” Martin said, but Martin didn’t want to give any more information because the case is pending.
In court documents, Martin writes that McClaney’s phone calls from Pendleton were monitored.
In one phone interview, McClaney tells his sister that he was “conflicted” for “telling on himself” and that he was afraid he made a mistake in so doing.
“I feel that there’s a lot of inside information going on, like they know, like they know what’s going on. Like they, ah ah, like they know I killed the officer or somethin’ [sic]. I don’t know if it is me being paranoid or whatever it be,” McClaney tells his sister in court documents.
In another phone call, McClaney’s sister tells him she wants him to be at peace, but he replied that he is “very conflicted. It was wrong them things I done [sic]. The motive was robbery, the motive was robbery and I am very sorry for it,” he says in court documents.
In a later interview with Martin and homicide detective Liza Anglin, McClaney told the detectives in court documents he used a .380 caliber handgun and he fired twice at the victim, which corresponds with the employee’s narrative.
McClaney stated he got the money that came from two separate places in the restaurant and that he was wearing gloves.
“This information is consistent with the crime scene. Dan Osborn was shot twice with a .380 cal. gun and was in full Allen County Confinement uniform,” court documents said.
On Aug. 29 of this year, Martin and homicide detective Darrin Strayer interviewed the former female employee in Ohio.
At the time of the robbery, she described the suspect as between 5’7″ and 5’10” tall and skinny, wearing an oversized coat to disguise how skinny he was. She remembered Osborn being on the phone and the robber yelling at him to get off the phone and “get off the (expletive) phone.” Shortly after that, she said the robber shot Osborn and then demanded she open the safe, court documents said.
“You better call the 50 for him he needs help,” she recalled again, court documents said.
The next step will be McClaney “having his day in court,” and getting himself an attorney, Martin told WANE 15. McClaney is being held at the Allen County Jail.
According to court documents, McClaney’s next court hearing is scheduled for Oct. 30.