Billy the Kid made his break from jail down this staircase in the Lincoln County Courthouse.
Updated: Thursday, 17 Feb 2011, 1:22 PM MST
Published : Tuesday, 09 Mar 2010, 7:51 PM MST
BERNALILLO, NM (KRQE) - Some call it a mystery; others call it a hoax. Regardless the truth seems to be eluding some amateur historians who are trying to prove that Billy the Kid really died in New Mexico.
In 2003, former Lincoln County Sheriff Tom Sullivan and former Deputy Steven Sederwall opened a murder investigation, to see if Sheriff Pat Garrett really did fatally shoot Billy as history claims.
They were looking into a theory that Garrett shot an innocent man and had him buried in the grave where the Kid is said to be buried.
They had a forensics expert to take DNA samples from a bench that the Kid's body was believed to have been laid on after he was shot.
They exhumed two bodies in Arizona three years ago, including the body of a man who claimed he was the Kid.
They extracted DNA from the bodies to match them against DNA found on the bench.
Author Gale Cooper and the De Baca County News' publisher have asked to see the results of the testing.
They believe that the account in history books is true.
But they claim Sullivan and Sederwall are not giving them the paperwork that shows the results of their investigation.
The case is two years old.
Tuesday both sides appeared in a Sandoval County courtroom.
The attorney representing current Sheriff Rick Virden said the documents being requested aren't in the sheriff's office's possession.
District Judge George Eichwald said he reviewed the entire case and will look to settle the matter later in March.