NN murder victim's last words revealed

NEWPORT NEWS, Va. - On September 8, 2007 Diane Green was working the breakfast shift at the Hardee's on Denbigh Boulevard. Shortly after the restaurant opened, police say two men walked in and robbed the place. Shots were fired killing Green and wounding another employee.

For investigators, leads quickly turned into dead ends until April of 2009, when 22-year-old Henry Stapleton turned himself in to police. Three months later, officers captured another suspect, 22-year-old Michael Johnson, Jr. Police charged them both with murder.

Recently, in December of 2009, federal investigators unsealed documents related to Green's death.  In the "affidavit in support of arrest warrant and criminal complaint," investigators say the following:

"On or about September 8, 2007, at approximately 5:20 a.m., two armed and masked men entered the Hardee's Restaurant located at 430 Denbigh Boulevard, Newport News, Virginia, shortly after it opened, where Ms. Diane Elizabeth Green and two other employees were working.

The armed and masked men demanded money and ultimately took over $150.00...from various locations within the restaurant.

As the men were leaving, one of the men shot Ms. Green at close range, in the back of the head, and she died a short time later.  Another employee...was struck by the same bullet, and survived."

In the documents, investigators wrote of a person they call "Cooperating Witness #1" or "CW#1."  The federal documents state:

"According to CW#1, the night before the robbery/murder, Johnson, Stapleton, and a third suspect were at the American Tudor Inn located at 15540 Warwick Boulevard, Newport News, Virginia, along with other individuals. 

The third suspect began talking to Johnson about the need to get money for the motel room so he can continue to stay there for the next couple of days. The subject of the conversation soon turned to talk of robbing places.

Soon thereafter, Johnson and Suspect #3 walked out of the motel room and were gone approximately ten minutes.  When they came back in the room, Suspect #3 began trying on doo-rags; Suspect #3 had two of them.

Johnson then stated that they needed a gun.  A short time later, Johnson, Suspect #3 and another person left the motel in Johnson's vehicle and they were gone for hours. They eventually returned and Stapleton was with them.

They began discussing the fact that Suspect #3 shot the lady and that they needed to get rid of the gun.  Suspect #3 stated that he had to shoot the lady because she knew him and that she had gone to church with his family.  Suspect #3 further stated that he had to shoot her because his doo-rag slipped form his face."

In the documents, a confidential informant told police that Stapleton told him that he (Stapleton) and Suspect #3 robbed the Hardee's. 

"Once inside the Hardee's, Suspect #3 shot the lady after she said something to the effect, "God will forgive you."

The trial against Stapleton is scheduled to go before a grand jury.  Look for updates on air and online.