if it wasn't for her, none of it would happen. >> reporter: and that's where melissa oxley and james matlean'sver firmly agreed, only half a measure of justice since dawn is protected by that immunity agreement she signed with the d.a. >> james is not the type of boy who's going to go out and commit a murder in the hopes that dawn will find it acceptable. he didn't do this as a surprise gift. >> reporter: dawn herself declined our request for an interview. but her mom, the retired deputy sheriff, has remained in her corner. >> i know that a lot of people believe that. that it was a blatant conspiracy on her part. but i don't think dawn really wanted ben dead. i don't think dawn was there. >> reporter: you're trying to hold it all together. all the way along and even now. >> you have to understand. ben was a good guy. they had their problems. everybody loved him. he didn't deserve to die. >> reporter: so for the time being it's a he said/she said story. and the d.a.'s deal with dawn to the dismay of james matlean's attorney means she may never face a murder charge. >> the prosecutor made a deal