Both Kyle and Cretzer arrived at McNeil on February 15, 1940, and they maintained a close relationship, just as when they had served time together at Preston. On April 11, 1940 the two were assigned to a labor detail, from which they attempted an escape. Armed with the axes they used for cutting roadside trees, they stole a prison truck, slammed through the yard gate (nearly running down a prison guard) and drove to a remote area.  They then fled far into the woods of the four-thousand-acre island (Alcatraz in comparison is only twelve-acres). The duo hid for three days without food or water, attempting to keep cover under heavy brush, until they were finally captured and immediately placed into isolation.

Following the attempted escape, it would almost seem as if Cretzer didn’t feel that he would be convicted of any serious crime. In a letter written to his wife, who had just been released from Terminal Island in Los Angeles on May 27 ^th, Cretzer wrote: “The charge is not serious & nothing to become alarmed over. We are being treated exceptionally well & feeling in fine spirit. I am certain everything here isn’t as serious as it appears.”  On July 20, 1940, the two friends were tried for unlawful escape at the U.S. District Court of Tacoma, Washington, and both entered pleas of not guilty. As a result, they were given a full trial. But on August 22, 1940, during the noon recess from the proceedings, they viciously attacked U.S. Marshal Artis J. Chitty, causing his death. The following is a report sent to the McNeil Island Warden by Lieutenant C. Zukowsky, who had supervised the inmates while they were in the custody of the court. His report describes in detail the events surrounding the Marshal’s death:

August 23, 1940

To: PJ. Squire, Acting Warden

Via: L. Delmore, Acting Associate Warden

W.F. Swift, Acting Captain

From: C. Zukowsky. Lieutenant

Subject: DESPERATE ATTEMPT BY INMATES KYLE AND CRETZER, AND DEATH OF MARSHAL CHITTY.

Sirs:

Thursday, August 22, 1940, Lieut. Bass and myself were detailed to go dress out inmates Kyle and Cretzer for court. Upon the arrival of the Marshals at the institution, Inmates Kyle and Cretzer were turned over to the custody of Marshal Chitty, Lieut. Bass and myself accompanying the Marshal to the Federal Building, Tacoma. We left the Island at approximately 08:40 a.m. arriving in the Marshall's Office at approximately 09:40 a.m. The Marshall immediately locked inmates Kyle and Cretzer in the Detention Cell at the Marshall's Office.

At 10:00 am inmates Kyle and Cretzer were taken into court. The trial of inmates Kyle and Cretzer inmates immediately began, and at 12:00 noon was recessed for lunch, court to begin again at 2:00 p.m.  Inmates Kyle and Cretzer were handcuffed together (Cretzer's right arm to the left arm of Kyle). Then they were led back to the Detention Cell and locked up. Lieut. Bass and myself relieved each other for lunch, I returned from lunch at approximately 1:40 p.m. and seated myself on the corner of a table in the Marshall's office, directly in line of Detention Cell front, approximately twenty feet away. At approximately 2:30 p.m. word came in that court was ready for inmates Kyle and Cretzer. Marshall Chitty unlocked the cell door and called the inmate's attorney to come out of the cell, as soon as the attorney had passed out of the cell Marshall Chitty called for inmates Cretzer and Kyle to come out. At the time the Marshall called he was standing in front of the open cell. Inmates Kyle and Cretzer were seated against the wall.

As inmates Kyle and Cretzer were arising from the bench, inmate Cretzer called to Chitty, and beckoned with an upward motion of his head; at this point Marshall Chitty stepped forward into the cell, and at the same time Inmates Kyle and Cretzer moved toward Marshall Chitty. As I saw Chitty step inside the cell, I automatically moved toward Marshall Chitty. Marshall Chitty made two steps forward into the cell, Inmates Kyle and Cretzer made the same move toward Marshall Chitty. I was about at the open cell door when inmate Cretzer applied the "Inside Waist Hold" from the front, on Marshall Chitty. Inmate Kyle's left hand was handcuffed to Cretzer's right hand, Kyle attempted to swing around to Marshall Chitty's back and was reaching with his free right hand for Marshall Chitty's right hand rear pocket.

   At this point I knocked Kyle's right arm downward, the memento of the same swung Kyle around backward. I then stepped between Marshall Chitty and Inmate Cretzer, Cretzer releasing the hold, just as I was forcing Chitty away from the pair. Inmate Kyle with his free right hand started a long right swing, striking Marshall Chitty a blow on the face. Marshall Chitty fell face forward, I immediately forced inmate Kyle to the floor. As inmate Kyle struck the floor he thrust his free right hand toward Chitty’s right hand hip pocket. At this point, Marshall Chitty was laying face downward on the floor; I noticed the gun in his right hand rear pocket. As Inmate Kyle's hand reached the Marshall's holster, enclosing the gun, I dropped to my knees, pinning his right wrist with my left hand, and pinning his arm down with my left knee. Inmate Kyle attempted to rise up more on his right side but I forced him down, to lie on his back. Freeing Kyle's right hand from the holster and gun, which was still in Marshall Chitty's right hand hip pocket, I bent his arm upward and toward his head.

At this point I saw Marshall Chitty's body raise upward, and Deputy Marshall Vargo stepping in front of me and grapping Kyle's arm and twisting same into an arm-lock. I looked to the right and back of me and saw Cretzer lying down face forward, with Captain Delmore and Lieut. Bass standing over him. Inmates Kyle and Cretzer were raised and seated back on the bench. Captain Delmore was wiping the blood dripping from a cut below Inmates Kyle's left eye. Marshall Chitty stepped into the cell and ordered the inmates taken to the washbasin in the corner of the Marshall's office so they could be washed.

The inmates were led to the washbasin; upon reaching the washbasin inmates Kyle and Cretzer had just started to wash their faces when I heard something fall to the rear of us. I looked back and saw Marshall Chitty's body lying on the floor, and Captain Delmore standing just in back of me. I nodded to Captain Delmore, I staying with the inmates and Captain Delmore going toward the Marshall's body. Captain Delmore returned immediately and ordered the inmates locked in the detention cell, which was immediately done.

In the meantime Marshall Chitty's body had been removed to the Marshall's private room and laid on a cot. Captain Delmore came out of the private room and asked me to assist him in moving Chitty's body from the cot onto the floor, so artificial respiration could be easier administered. This being done, I was about to start administering artificial respiration. I noticed the gun in Marshall Chitty's pocket. I removed same from his pocket and handed it to Deputy Marshall DeLine and told him to take care of the Marshall's gun. Captain Delmore and myself relieved each other at administering artificial respiration until the doctor pronounced Marshall Chitty dead. Captain Delmore took charge of the inmates and they were again taken to the courtroom, surrounded by Deputy Marshall's and Custodial Officers.

The inmates upon receiving their sentence were immediately rushed to the Steilacoom Dock, placed on a waiting boat, and arrived back on the island at approximately 5:45 p.m.

Respectfully Submitted,

C. Zukowsky, Lieutenant

The struggle ultimately contributed to Chitty suffering a fatal heart attack and both Cretzer and Kyle subsequently changed their pleas to guilty. Each was given an additional five-year sentence, to be served concurrently with their previous twenty-five-year sentences.