The Warren Commission concluded that Lee Harvey Oswald Killed Dallas Police Officer J.D. Tippit. These witnesses gave him an alibi by saying he was with them.

Reporter: Did you shoot the President ?
Oswald: No sir, I didn’t shoot anybody.

The Commission’s conclusion that Oswald killed Tippit was based on 1.) positive identification of the killer by two witnesses who saw the shooting and seven people who heard the shots and saw the gunman fleeing with a revolver in his hand, 2.) firearms experts who identified the murder weapon, 3.) evidence of ownership of the murder weapon, and 4.) ownership of a zipper jacket found on the path of flight taken by the gunman from the scene of the crime to the place of arrest. ( Report, pg. 157 )

Part of the evidence that was never included in the investigation came from witnesses in the Texas Theater, who said that Oswald was in the theater at the time of the Tippit murder, giving him an alibi and thus negating all the evidence against him.

What is an alibi ?

Simply put, under criminal law, an alibi is a legal defense strategy where a defendant provides evidence they couldn’t have committed the crime because they were somewhere else when the crime occurred.
It negates all witness identifications and all physical evidence. It’s the Royal Flush in Poker. The Ace and Face Card in Blackjack. The Get Out of Jail Free Card.

Regardless of the evidence against his suspect, no prosecutor worth his weight would charge that suspect with a crime if the suspect could prove he was somewhere else at the time of the commission of that crime.
Since the alibi involves time and location, it is imperative to establish the time of the murder and where Oswald was at that time.

Establishing the time of the murder

The Dallas Police transcripts show that the first call for help in the shooting of Police Officer J.D.Tippit came in a radio broadcast from Tippit’s own cruiser by a passerby named T.F. Bowley.
The transcripts show that the call was made at 1:16pm. Witness accounts put the shooting as much as 10 minutes earlier, and have been the subject of much debate over the years.
The Commission’s Report put the killing at “about 1:16 pm”. ( pg. 157 )

Establishing Oswald’s whereabouts

Warren H. “Butch” Burroughs was an usher, a ticket collector and ran the Texas Theater’s concession stand on 11/22/63. He said that Oswald was in the theater by 1:07pm.

Burroughs account is significant because it puts to rest any debate over whether Oswald shot Tippit at 1:06 or 1:16. Either way, Oswald could not have been there because he was in the theater by 1:07.
Burroughs account that Oswald was in the theater is corroborated by another witness named Jack Davis.

On November 22, 1963, 18 year old Jack Davis was sitting in the audience of the Texas Theater waiting for the movie to begin.
Davis said that Oswald sat next to him and got up and sat next to several others then exited the theater into the lobby before the movie started.

The first movie, “War is Hell”, started at 1:20.

Conclusion

The deniers will argue that theater wtinesses are mistaken, that the man they saw wasn’t Oswald and that the credible witnesses were the ones who saw the shooting and the shooter fleeing.
But the theater witnesses encountered Oswald close up, while the crime scene witnesses observed the killer at a distance.
Davis observed Oswald in the next theater seat, Burroughs from the opposite side of a concession counter.
Davis identified, “this same man who had sat down next to me” as the man police arrested. “He was shouting, “I protest this police brutality”.

There can be no misidentification there.
That is, unless Oswald killed Tippit with a box of popcorn from the concession stand in the Texas Theater.
But I doubt that.

These two witnesses give Oswald an alibi for the Tippit murder and prove that the crime scene witnesses were wrong and the physical evidence was faked.
There’s a reason why these two witness accounts were never made part of the official investigation.

There were 20-25 patrons in the Texas theater at the time of Oswald’s arrest, and while police were ordered to interview all of them, the reports of what those witnesses told police have never surfaced.
Either those witness accounts were never taken, or they were taken and destroyed because the authorities who framed Oswald didn’t want you to know the truth.

Those are the only reasons why those interviews wouldn’t exist today. In a normal homicide investigation, those interviews would exist.

The Warren Commission supporters are hard pressed to explain why they don’t.

Sources

Jim Marrs 1987 interview of Butch Burrows.

John Armstrong interview of Jack Davis, also see Armstrong, Harvey and Lee.

Jim Marrs interview of Jack Davis, also see Marrs, Crossfire, pg. 353.

Nigel Turner 1988 video interview of Butch Burroughs ( shown here )