Latest / Crime Stories with Nancy Grace / Dad opens fire on masked intruder: Will Daddy be charged?
Transcript
- 0:05Speaker 1: Do you ever wake up in the middle of the
- 0:07Speaker 1: night and you think you hear something. Well, in Port Arthur, Texas,
- 0:13Speaker 1: that bump in the night was real. A dad asleep
- 0:24Speaker 1: in his own home when suddenly there's that bump in
- 0:27Speaker 1: the night, and now he's looking at murder charges. Take
- 0:32Speaker 1: a listen to this breaking overnight out of Port Arthur.
- 0:35Speaker 1: Two armed robbers are on the run. One person is
- 0:39Speaker 1: dead now. Port Arthur police are investigating a robbery that
- 0:43Speaker 1: happened on Eighteenth Street near to Queen Street just before
- 0:46Speaker 1: nine pm last night. Police say three men forcibly entered
- 0:50Speaker 1: the home as a female resident was arriving and held
- 0:53Speaker 1: the family at gunpoint. Police say children were inside the
- 0:56Speaker 1: home at the time. So everybody's sleep, the dad, the
- 1:01Speaker 1: man in the home. Here's something. It's armed intruders in
- 1:06Speaker 1: the home. With me and I'll start panel to break
- 1:09Speaker 1: it down and put it back together again. Should daddy
- 1:12Speaker 1: be charged with murder? First of all, Ken Belkan with me,
- 1:16Speaker 1: new York criminal defense attorney knows his way around the courtroom.
- 1:19Speaker 1: You can find him at belcan Law dot com or now.
- 1:23Speaker 1: A psychologists joining us out of Manhattan is Karen start
- 1:27Speaker 1: with a c at Karen Stark dot com, former police
- 1:30Speaker 1: chief in John's Creek, twenty five years with the police force.
- 1:35Speaker 1: Now he is at Chris Buyer's Investigations and polygraph dot com.
- 1:40Speaker 1: Joining me out of Austin, Texas Deputy Medical Examiner Travis County.
- 1:46Speaker 1: That's Austin doctor Kendall Krouse. But first to Ray Kimputo,
- 1:49Speaker 1: lead news anchor at w d BO. Ray, tell me
- 1:54Speaker 1: about Port Arthur. What is that. It's a it's a
- 1:57Speaker 1: sleepy little city. It's right there on the co O
- 2:00Speaker 1: Golf coast, Nancy, not far from Beaumont. I mean, he
- 2:02Speaker 1: couldn't get any closer to the Gulf than where it's at.
- 2:05Speaker 1: And uh, it's it's not far from Houston. But long
- 2:08Speaker 1: story short is it's you know, it's got some some industry,
- 2:11Speaker 1: but a lot of rural communities, little little neighborhoods like
- 2:14Speaker 1: where this happen. You know, you're reminding me of Ray Kimpeter.
- 2:17Speaker 1: You're reminding me of when I first went to the
- 2:21Speaker 1: scene of Lacy Peterson's murder. And people think they hear
- 2:26Speaker 1: California and they think La or Sacramento or San Diego
- 2:31Speaker 1: or San Francisco, a big city Modesto was nothing like that.
- 2:36Speaker 1: I remember I drove down the end of Lacy Peterson's
- 2:41Speaker 1: Street and there was a I guess it was an
- 2:45Speaker 1: olive farm. It was full of farming country, beautiful beautiful
- 2:53Speaker 1: farm country, all sorts of trees, groves, you name it.
- 2:59Speaker 1: And when most people think of Texas, a lot of them,
- 3:04Speaker 1: not me, but a lot of people think of Dallas
- 3:06Speaker 1: or Houston. But it's not all like that at all.
- 3:09Speaker 1: Go ahead, yeah, well put Port Arthur. You know, I
- 3:13Speaker 1: know you're gonna get on me, but it's not you know,
- 3:14Speaker 1: a place where a lot of folks, you know, see
- 3:16Speaker 1: this sort of thing, or see high crying budget out.
- 3:19Speaker 1: But wait a minute, right, you know you knew I
- 3:22Speaker 1: was gonna jump on that. Right, it doesn't happen here.
- 3:27Speaker 1: How many times have you heard that? Chief fires? It
- 3:31Speaker 1: just doesn't happen in our neighborhood. Oh absolutely. You know
- 3:35Speaker 1: I've spent during my twenty five year career, I worked
- 3:37Speaker 1: all sides of Metro Atlanta, and I've worked in the
- 3:40Speaker 1: high crime areas. And then I finished out my last
- 3:43Speaker 1: thirteen years in what was named the safest city in
- 3:46Speaker 1: Georgia for six or seven years straight. Number like fourteen
- 3:50Speaker 1: in the country, and we had every one of the
- 3:53Speaker 1: crimes that I dealt with when I worked in South Atlanta,
- 3:57Speaker 1: maybe not as frequently, but every one of those happened
- 4:00Speaker 1: right here in John's Creek. So people have that false
- 4:03Speaker 1: sense of security when they live in what they deem
- 4:07Speaker 1: a safe area. Yeah, I will never forget prosecuting in
- 4:10Speaker 1: Inner City Atlanta. I had tons. That's the height of
- 4:14Speaker 1: the drug trade at that time. Atlanta one of the
- 4:17Speaker 1: murder capitals of the world because of the drug trade.
- 4:21Speaker 1: Lots and lots and lots of murderers in Inner City
- 4:24Speaker 1: and South Atlanta as you head toward the airport. But
- 4:27Speaker 1: I'll never forget when I went into a wealthy enclave
- 4:33Speaker 1: off of North Russell Road, the Long Island Drive area, Nope,
- 4:39Speaker 1: And I pulled in and went to the scene. And
- 4:42Speaker 1: when I got back out into my car, when I
- 4:44Speaker 1: left several hours later, people were in their front yards
- 4:48Speaker 1: just looking. They could not believe that a crime had
- 4:51Speaker 1: occurred there. And I guess that's what you're telling me, Rykafudo, Nancy,
- 4:55Speaker 1: it's not. It's not without its crime. But you if
- 4:57Speaker 1: you ask residents, you know a lot of them are
- 5:00Speaker 1: you know they don't see. You know, you don't see
- 5:02Speaker 1: violent crime like that. But you know what, then again,
- 5:04Speaker 1: if you look at crime statistics for any city, not
- 5:07Speaker 1: a lot of people expect murders and rapes and robberies
- 5:10Speaker 1: to happen on a daily base, especially in your home.
- 5:14Speaker 1: I mean, Ken Belkin, h veteran criminal defense attorney on
- 5:18Speaker 1: New York at Belkin law dot com. You know, in
- 5:22Speaker 1: law school we studied every theory of criminal law about
- 5:25Speaker 1: mentreya and tent, malignant heart, wild, abandonment, you name it.
- 5:33Speaker 1: But I think a jury can normally assume when an
- 5:37Speaker 1: intruder comes into your home, you sheet him dead. It's
- 5:41Speaker 1: not your fault. I'm sure you're going to disagree. Hit me.
- 5:44Speaker 1: I'm ready, Ken Belkin. I mean, I would want to
- 5:47Speaker 1: defend this guy because he's got a supercastle doctrine defense.
- 5:51Speaker 1: He was defending these children in his home and these
- 5:55Speaker 1: three people came in as a home invasion, and he
- 5:57Speaker 1: took one of them out, and quite frankly, I think
- 6:00Speaker 1: he was within his rights to do so. And I'd
- 6:02Speaker 1: love to have that case of Hey Belkin, for once
- 6:05Speaker 1: you and I agree, I mean, Karen, start to think
- 6:07Speaker 1: about it. You live in the heart of Manhattan, not
- 6:10Speaker 1: too far from where David and the twins and I are.
- 6:12Speaker 1: And imagine all safe and snug and tugged in, and
- 6:18Speaker 1: then somebody is in your home. It's not like you're
- 6:22Speaker 1: walking down the street. It's some hateful person mugs you
- 6:27Speaker 1: didn't see on the end, steals your pocket. But you're
- 6:29Speaker 1: at home, minding your own business when someone intrudes that's
- 6:33Speaker 1: the worst nightmare scenario. Well, I think, Nancy, I think
- 6:37Speaker 1: you're correct in saying that you'd be very happy if
- 6:41Speaker 1: you had some kind of a weapon in a situation
- 6:44Speaker 1: like that. I guess, I guess it depends if you're
- 6:49Speaker 1: allowed to have that gun, if it's legal that you
- 6:53Speaker 1: have it. How did you get on gun control when
- 6:56Speaker 1: I asked you about the psychology of feeling safe in
- 6:59Speaker 1: your own home? You know, don't start me up on
- 7:02Speaker 1: Second Amendment, okay, because you know how I hate guns,
- 7:06Speaker 1: hate hate hate guns. I'm a victim of gun violence myself,
- 7:10Speaker 1: But I don't think that that right should be taken
- 7:14Speaker 1: away from us and just white out of in the constitution. Now,
- 7:19Speaker 1: can we get back on the psychology of feeling safe
- 7:22Speaker 1: in your own home? But you're not well and that's
- 7:26Speaker 1: that's the part of this incident that's most frightening I
- 7:30Speaker 1: think is that anybody would be glad if they had
- 7:33Speaker 1: something that they could protect themselves, especially when it comes
- 7:37Speaker 1: to children. People are fierce about their families and their children.
- 7:42Speaker 1: I can understand completely. I think that most people in
- 7:45Speaker 1: that circumstance would you be to jack same thing. And
- 7:48Speaker 1: you know, Karen Starr, you and I've covered so many
- 7:50Speaker 1: cases where child goes missing from the home, where child
- 7:53Speaker 1: is hurt in the home. With all the cases we've
- 7:57Speaker 1: covered and that I've prosecuted up all during the night
- 8:01Speaker 1: and just go peek on the twins. I just look
- 8:03Speaker 1: at them, make sure they're in their bed, make sure
- 8:05Speaker 1: they're still breathing, and then try to go back to sleep.
- 8:08Speaker 1: You know, that was actually the scenario here. So Port
- 8:12Speaker 1: Arthur Low crime, rural area, some business. So what happened
- 8:19Speaker 1: in this case Crime Stories with Nancy Grace, we are
- 8:33Speaker 1: talking about a shooting in a residential area, in someone's
- 8:38Speaker 1: own home. Everybody in the home at night, mining their
- 8:42Speaker 1: own business. When three arm intruders bust in Ray Kimputer
- 8:49Speaker 1: lead news anchor WDBO. I understand they had their faces
- 8:53Speaker 1: covered yeah, Nancy, like you, like a lot of robbers do.
- 8:56Speaker 1: But what they what happened was they had followed the
- 8:58Speaker 1: mother who had just got home into the house. Now
- 9:02Speaker 1: inside was the dad. There was a couple of kids,
- 9:05Speaker 1: one of them was young faces Tell me that again,
- 9:07Speaker 1: because that's that's Jackie. Do you remember the case doctor
- 9:11Speaker 1: pettit up in New England and his wife and daughter,
- 9:16Speaker 1: I think is the way it went. Had been to
- 9:19Speaker 1: the store, and two or three evildoers followed them home,
- 9:25Speaker 1: made the mom go in withdraw money from the bank.
- 9:29Speaker 1: They targeted that home. They waited, They hit mister doctor
- 9:34Speaker 1: Ellis I think it was in the head, made him,
- 9:37Speaker 1: tied him all up he was immobile, then raped and
- 9:41Speaker 1: killed the daughters and the mother. This set the house
- 9:45Speaker 1: on fire from following her home. Following her home, so
- 9:51Speaker 1: Ray Kimpeter, that's how the whole thing started. They followed
- 9:53Speaker 1: the mom home. I don't know if they followed her home,
- 9:56Speaker 1: but they certainly were lying in wait, Nancy. They could
- 9:58Speaker 1: have been outside, They could have followed at her home.
- 10:00Speaker 1: They may have seen that she went to an at
- 10:02Speaker 1: I'm a certain store. But they were ready is because
- 10:05Speaker 1: right after she got home, it wasn't long after that
- 10:08Speaker 1: these massive intruders with their guns busted up in that home.
- 10:12Speaker 1: That tells me a lot right there. Ken Belkin at
- 10:15Speaker 1: Belkin Law dot com, New York criminal defense attorney. They
- 10:19Speaker 1: did you hear what Raykabuto said, the words they were ready?
- 10:23Speaker 1: There's no way around premeditation. How often do you go
- 10:28Speaker 1: visit someone's home, Belkin, with your face mask and your
- 10:33Speaker 1: gun with you? Well, given the fact that I live
- 10:36Speaker 1: in New York, you know we can't really even have
- 10:39Speaker 1: guns in the city, But in any event, I always
- 10:42Speaker 1: have my mask on du to COVID. Long story short, guys,
- 10:45Speaker 1: What I'm trying to call car pull out of Belkin
- 10:52Speaker 1: is that when you go, let's just say, to a
- 10:56Speaker 1: bank and you want to get twenty dollars out of
- 10:58Speaker 1: the ATM, do you care your gun at a face
- 11:02Speaker 1: covering a mask to do that? No, and if you do,
- 11:07Speaker 1: you're robbing the bank. Bam. There. So, when you go
- 11:11Speaker 1: to a place with ill intent that is under our
- 11:15Speaker 1: law premeditation. Premeditation can be formed just like that in
- 11:22Speaker 1: the twinkling of a moment, the blink of an eye,
- 11:25Speaker 1: the time it takes you to raise the gun and
- 11:27Speaker 1: pull the trigger. And when you travel to a location
- 11:30Speaker 1: let's just say, with a Molotov cocktail or a gun
- 11:33Speaker 1: or a face mask, and then you commit a crime
- 11:36Speaker 1: with it, it shows you planned it and that sets
- 11:40Speaker 1: you up for malice murder. So in this case, Ray
- 11:44Speaker 1: Computer w DBO, they see the mom come in, and
- 11:47Speaker 1: then what happens. They come in, guns a drawn, and
- 11:51Speaker 1: they hold the mom and she has two young kids
- 11:54Speaker 1: in this home, Nancy, one of them again five years old.
- 11:57Speaker 1: They hold all of this entire family hostage three I think,
- 12:03Speaker 1: one five year old and one three year old? Go ahead,
- 12:06Speaker 1: Oh could you imagine? Now? I can't. So Mom's got
- 12:09Speaker 1: her handsful. Mom's hysterical, you know, worried about these children.
- 12:13Speaker 1: These people are pointing guns at her, and dad is
- 12:17Speaker 1: sleeping in the other room. Guys, take a listen. Earlier
- 12:20Speaker 1: you heard Tracy Kennett kb MT. Take a listen to
- 12:24Speaker 1: Jordan Williams at twelve years One suspect is dad. Two
- 12:27Speaker 1: others on the run after Port Arthur police say they
- 12:30Speaker 1: tried to rob a family in their home. Investigators say
- 12:33Speaker 1: three men broken the home on Eighteenth Street around eight
- 12:36Speaker 1: thirty Sunday night. Once inside, they held a family at
- 12:38Speaker 1: gunpoint while demanding their belongings. The homeowner was in another
- 12:42Speaker 1: room and he heard everything. The man grabbed his gun
- 12:45Speaker 1: and fired several shots, hitting and killing twenty seven year
- 12:47Speaker 1: old Terrence Ellis. The two other suspects ran from the scene.
- 12:51Speaker 1: Port Arthur police tonight are still looking for those two men.
- 12:54Speaker 1: So dad pulls a gun and unloads two Doctor Kendall Crowns,
- 12:57Speaker 1: Deputy Medical Examiner, Chavis County, Texas. That's Austin, doctor Crowns.
- 13:04Speaker 1: As you heard Ray Komputer say, the three perps came
- 13:08Speaker 1: in the home, guns drawn, following mom into the home.
- 13:13Speaker 1: There's a three year old and a five year old there.
- 13:17Speaker 1: Very often when I've spoken to crime victims, they are
- 13:22Speaker 1: very They feel like adrenaline is pumping through their body
- 13:28Speaker 1: at the time of the attack. So the man, the dad,
- 13:33Speaker 1: grabs the gun and fires at them as they are
- 13:37Speaker 1: holding the children at gunpoint. What is that chemical reaction
- 13:42Speaker 1: in your body? You know, you've heard those stories about
- 13:45Speaker 1: moms being able to lift a car off their child,
- 13:50Speaker 1: stories of typically unimaginable behavior, but they do it in
- 13:57Speaker 1: that moment. What is that? What it is is when
- 14:01Speaker 1: you get into a frightful situation, it's called fighter flight,
- 14:05Speaker 1: and your body dumps a chemical which is called epinefrin
- 14:09Speaker 1: into your bloodstream and then that thusans you to be
- 14:12Speaker 1: able to react more quickly, have more strength. And so
- 14:18Speaker 1: from that fight or flight response from the epinefrin, you
- 14:21Speaker 1: can see people have these sudden massive strength or be
- 14:28Speaker 1: able to jump further, etc. Etc. So when the dump happens,
- 14:33Speaker 1: a lot a lot of things can change suddenly and
- 14:36Speaker 1: you can see a lot of quick reactions. You know,
- 14:39Speaker 1: Chris Buyer's former police chief John's Creek now at Chris
- 14:43Speaker 1: Buyer's Investigation and polygraph dot Com Chief Buyers. I've seen
- 14:48Speaker 1: so many homicides happen in the heat of the moment.
- 14:53Speaker 1: But in this case, this is not out of passion.
- 14:56Speaker 1: This is out of defense of a third party. What
- 15:00Speaker 1: do you make this case as we know it now
- 15:04Speaker 1: and what I've heard everything on this case, he was
- 15:06Speaker 1: completely justified in what he did. Did the exact same
- 15:10Speaker 1: thing that I did or I would do again. I'm
- 15:13Speaker 1: a card killing and r A member, so I am.
- 15:15Speaker 1: You know, I'm very much for having guns to take
- 15:18Speaker 1: care of yourself. You know. One of the things that
- 15:20Speaker 1: I used to tell people all the time, especially in
- 15:21Speaker 1: the community I was a chief at when seconds count,
- 15:25Speaker 1: we the police will be there in minutes, So you've
- 15:28Speaker 1: got to do something to take care of yourself and
- 15:30Speaker 1: protect yourself within those seconds until we can get there.
- 15:33Speaker 1: And people have that false sense of that the police
- 15:36Speaker 1: are going to get there and take care of it.
- 15:37Speaker 1: But these things unfold within seconds, just like this. So
- 15:41Speaker 1: everything he did, everything right as far as I'm concerned,
- 15:45Speaker 1: and now the possibility of a murder charge looming on
- 15:49Speaker 1: him put out the police id the dead suspectus Terence Ellis,
- 15:56Speaker 1: the owner of the home, fatally guns him down after
- 15:59Speaker 1: he barges into the home with two other suspects, all
- 16:02Speaker 1: with their faces covered. The three suspects barge in when
- 16:07Speaker 1: a woman who lives there, the mom, comes home. The
- 16:11Speaker 1: homeowner is said to be a twenty nine year old
- 16:14Speaker 1: dad who was armed with a rifle. The other two
- 16:18Speaker 1: suspects flee the sea, leaving their buddy behind bleeding out
- 16:22Speaker 1: on the floor. But it's not over yet. Take a
- 16:27Speaker 1: listen to our friends at kb EMPT twelve. Now to
- 16:30Speaker 1: our breaking news out of Port Arthur. This morning. A
- 16:33Speaker 1: house fire just before midnight at the same home where
- 16:37Speaker 1: three people broke in and held a family at gunpoint
- 16:39Speaker 1: on Sunday night. The homeowner there shot and killed one
- 16:43Speaker 1: of the suspects involved, and I witness tells twelve News
- 16:46Speaker 1: and neighbors saw smoke and flames coming from that home
- 16:49Speaker 1: and dial nine one. Nobody was at home when the
- 16:51Speaker 1: fire started, and the cause is still unknown. And we're
- 16:56Speaker 1: learning this morning that hours before the fire broke out,
- 17:00Speaker 1: Port Arthur police were called back to the twenty five
- 17:02Speaker 1: hundred block of Eighteenth Street to investigate a different shooting.
- 17:05Speaker 1: This time nobody was injured. Does it never end? For
- 17:10Speaker 1: this family Crime Stories with Nancy Grace, We are talking
- 17:24Speaker 1: about intruders, masked intruders entering a residence and a sleepy
- 17:30Speaker 1: area Port Arthur, Texas. Mom has just come in a
- 17:34Speaker 1: three year old and a five year old. A three
- 17:35Speaker 1: year old had a gun held to his face that
- 17:40Speaker 1: may affect the way that child grows up the rest
- 17:42Speaker 1: of his life. So after daddy guns down one of
- 17:47Speaker 1: the perps, the other two perps leave and at the
- 17:50Speaker 1: same residence, there's a what we think as a drive
- 17:54Speaker 1: by shooting after what was that in retaliation? And then
- 17:57Speaker 1: after the family leaves, they set the home on fire
- 18:01Speaker 1: as what I get back. I mean, see, Grace, this
- 18:06Speaker 1: is crime Stories. I'm gonna thank you again for being
- 18:08Speaker 1: with us here at Fox Nation in series x M
- 18:10Speaker 1: one eleven. I mean, Ray Kaputo WDPO. What did they
- 18:15Speaker 1: come back and retaliation to set the home on fire, Nancy,
- 18:18Speaker 1: within like thirty hours, you got someone shot in this home,
- 18:21Speaker 1: you got a drive by shooting, and then the home
- 18:24Speaker 1: gets lit on fire. I mean, this poor family that
- 18:27Speaker 1: went through a lot of events and just you know,
- 18:29Speaker 1: a little over twenty four hours, little over one day.
- 18:32Speaker 1: So you're correct on that, and it seems I guess
- 18:35Speaker 1: you can't look at it any other way. They were
- 18:37Speaker 1: targeting this family, Yeah, I know, but you could say
- 18:41Speaker 1: that about any crivict that they were targeted. Take a
- 18:44Speaker 1: listen to Jordan Williams Kelsey Johnson KBMT twelve. A deadly
- 18:48Speaker 1: home invasion, a drive by shooting, and that fire all
- 18:51Speaker 1: at the same house in Port Arthur, all in roughly
- 18:54Speaker 1: thirty hours. Tonight, people who live near eighteenth and the
- 18:58Speaker 1: Queen are in disbelief and police are trying to find
- 19:01Speaker 1: out if the three things are related. Towels Reporter Kelsey
- 19:04Speaker 1: Johnson joins us with new information that she uncovered. The
- 19:08Speaker 1: motive in this case is unclear. Port Arthur police say
- 19:11Speaker 1: that the homeowner is being cooperative. But right now, the
- 19:14Speaker 1: answer to why this family was targeted lies with the
- 19:17Speaker 1: two suspects who got away. You know, there you go.
- 19:21Speaker 1: Another issue, Ken Belkan, a sticky legal issue is that
- 19:26Speaker 1: the other two perhaps that got away, could actually be
- 19:30Speaker 1: charged with their buddies murder. Explain the theory A felony murder.
- 19:37Speaker 1: That's the good old Veaston felony murder. Now taking me
- 19:39Speaker 1: back the first year of law school, Nancy. So look,
- 19:43Speaker 1: if a murder is if someone loses their life in
- 19:46Speaker 1: the commission of a felony, the people who were committing
- 19:49Speaker 1: that felony can be charged for murder, even if they
- 19:53Speaker 1: were not directly responsible for the loss of life. So
- 19:56Speaker 1: here where mister Ellis was shot and killed by the
- 20:00Speaker 1: father you know these he was engaged with two other
- 20:03Speaker 1: people in a home invasion, which is a felony, and
- 20:06Speaker 1: he was killed as a result of it. So his
- 20:09Speaker 1: two co felons can be charged for felony murder because
- 20:13Speaker 1: of his death. Darn right. An easy example I always
- 20:17Speaker 1: gave you juries is that let's just say Jackie and
- 20:19Speaker 1: I decide to rob a bank, and you know, I say, Okay,
- 20:24Speaker 1: nobody's going to get hurt Jackie. This is strictly about
- 20:27Speaker 1: the money. She agrees. As soon as she gets in there,
- 20:30Speaker 1: she goes, why I'll start shooting kills a teller. You
- 20:34Speaker 1: know what I'm in for it too. I'm responsible for
- 20:37Speaker 1: felony murder because I was part of a felony and
- 20:41Speaker 1: a death occurred. Let's see another example. Let's say we're
- 20:47Speaker 1: leaving the bank and I'm the getaway driver. I go
- 20:51Speaker 1: up on a curb in my haste and hit a
- 20:54Speaker 1: gas station. The tank blows up, the cashier on the
- 20:59Speaker 1: inside of the gas station dies. Felony murder. I'm in
- 21:04Speaker 1: commission of a felony, and what otherwise may have been
- 21:08Speaker 1: an accident is now a felony murder. Did I intend
- 21:12Speaker 1: to kill the gas store owner? Note? But it was
- 21:16Speaker 1: part of a felony and therefore felony murder, And in
- 21:21Speaker 1: most jurisdictions, felony murder carries the same penalty as malice
- 21:26Speaker 1: or murder one, so we're looking at murder charges all around.
- 21:31Speaker 1: Least likely is on the dad, But believe it or not,
- 21:36Speaker 1: it happens. The murder charges against the dad have been
- 21:39Speaker 1: thrown around. Take a listen now to Kelsey Johnson KB empty.
- 21:43Speaker 1: If houses could talk, this home on the corner of
- 21:46Speaker 1: eighteenth Street into Queen Boulevard in Port Arthur would have
- 21:49Speaker 1: a story to tell. This wasn't a random act. We
- 21:53Speaker 1: believe that the house was specifically targeted. On Sunday night,
- 21:56Speaker 1: a home invasion turned deadly. Three suspects forced their way
- 22:00Speaker 1: into a home and only two made it out alive.
- 22:02Speaker 1: One of these suspects was shot and killed by the
- 22:05Speaker 1: homeowner himself, defending his family. That family included a woman
- 22:09Speaker 1: and two young children. Hours later, a drive by shooting
- 22:13Speaker 1: at the same address. No one was in the house
- 22:16Speaker 1: of time. But this home story is not over yet.
- 22:19Speaker 1: Last night the house went up in flames. You know, revenge,
- 22:24Speaker 1: revenge Chief Chris Buyers, former police chief John's Creek, Georgia
- 22:29Speaker 1: at Chris Buyers investigations and polygraph dot Com. Chief Buyers.
- 22:34Speaker 1: Revenge is not a defense under the law. How often
- 22:40Speaker 1: have you seen death the car because of revenge? Oh?
- 22:45Speaker 1: Absolutely happens all the time. That mental trigger goes and
- 22:51Speaker 1: you're set on that revenge and just rage comes from it,
- 22:55Speaker 1: Oh what happens? Gosh, hundreds of times during my twenty
- 22:59Speaker 1: five years, I've seen those different types of crimes, maybe
- 23:01Speaker 1: not to this extent where somebody was killed, but yes,
- 23:04Speaker 1: revenge is a motive for a lot of things that
- 23:07Speaker 1: go on in the criminal world. Yeah, I'm thinking about
- 23:10Speaker 1: the one bleeding out before cops could get there and
- 23:15Speaker 1: question him, and the other two perps to get away
- 23:18Speaker 1: to Doctor Kendall Crowns, Deputy Medical Examiner, Travis County. That's Austin, Texas,
- 23:23Speaker 1: Doctor Crowns. How much blood is in our body and
- 23:27Speaker 1: how long does it take you to bleed out? You
- 23:30Speaker 1: have about three leaders of blood in your body, so
- 23:33Speaker 1: about three large bottles of pop or soda. Didn't you
- 23:39Speaker 1: ever call it a super bottle? A super bottle? So
- 23:42Speaker 1: we called it growing up. I mean, you've got a
- 23:45Speaker 1: regular coke and then you've got a super bottle, which
- 23:48Speaker 1: is I guess a leader? No, just me, Jackie says,
- 23:51Speaker 1: she called it a super bottle too, Okay, go ahead.
- 23:53Speaker 1: That must be a regional thing anyway. So you have
- 23:57Speaker 1: about three leaders in your system that any given time,
- 24:02Speaker 1: and depending on what gets hit, if your a order
- 24:04Speaker 1: gets hit, you can bleed out in seconds. If it's
- 24:07Speaker 1: a smaller vessel, you can take several minutes to bleed out.
- 24:11Speaker 1: So it just depends on what organ gets hit, what
- 24:14Speaker 1: vessel gets hit. So if it's a smaller vessel, it
- 24:17Speaker 1: still only takes minutes. Well, if you get to the
- 24:19Speaker 1: smaller vessel, that can take minutes, being thirty minutes, forty minutes, etc.
- 24:25Speaker 1: And you know, if it's just periphery in your capillarias,
- 24:28Speaker 1: if you just put pressure on it, you won't die
- 24:31Speaker 1: at all. Another issue, how much blood do you have
- 24:34Speaker 1: to lose? Doctor Kennel crowns out of three super bottles,
- 24:38Speaker 1: how much blood you have to lose to actually die?
- 24:40Speaker 1: So once you lose about a leader, you're going to
- 24:44Speaker 1: go into shock and then that's going to cause you
- 24:46Speaker 1: to go into organ failure. So I think if you
- 24:50Speaker 1: lose at least one super bottle, as you say, you're
- 24:54Speaker 1: going to be in trouble. So what really went down
- 24:58Speaker 1: in this home? And too you are the other two
- 25:02Speaker 1: perhaps the ones that get away? Take a listen to
- 25:05Speaker 1: our friends at Channel twelve. Early this morning, police pulled
- 25:08Speaker 1: over a vehicle on Jimmy Johnson Boulevard. Officers searched it
- 25:11Speaker 1: and found three loaded semi automatic handguns and an ar
- 25:15Speaker 1: style rifle. They also recovered ski masks. The suspects face
- 25:19Speaker 1: a long list of charges. Now what's unclear is whether
- 25:22Speaker 1: the suspects could be connected to those three crimes earlier
- 25:25Speaker 1: this week at a house on Eighteenth Street and a
- 25:27Speaker 1: queen Remember the deadly home invasion, the shooting, the fire,
- 25:31Speaker 1: all in roughly a day and a half. Detective Mike
- 25:33Speaker 1: Keebert telling twelve News tonight that the Port Earth Police
- 25:35Speaker 1: departments Criminal Investigation Divisions detectives are looking into any possible
- 25:40Speaker 1: connection between the traffic stop and what happened on Eighteenth Street.
- 25:43Speaker 1: You know, it's always amazing to me how a simple
- 25:46Speaker 1: traffic stop can catch a killer. Crime stories with Nancy Grace,
- 26:00Speaker 1: guys were talking about a family minding their own business.
- 26:03Speaker 1: Mom is followed in. She got three year old and
- 26:05Speaker 1: five year old child with her mask. Intruders wearing ski
- 26:10Speaker 1: masks come in, guns loaded. Dad grabs a rifle and
- 26:15Speaker 1: let's sit rip, killing one of the purpose. The other
- 26:18Speaker 1: two take off and go on the run. They stay
- 26:20Speaker 1: gone nearly a week before because of a traffic stop,
- 26:25Speaker 1: they're pulled over. I mean Wow, that's quite a coincidence, Ken, Belcon.
- 26:30Speaker 1: They get pulled over and the idiots still have three
- 26:33Speaker 1: ski masks, have ski masks in the car and weapons.
- 26:37Speaker 1: Well look, you know, as a mentor of mine once
- 26:40Speaker 1: called me the fifth pillar of the criminal justice systy. Yes,
- 26:44Speaker 1: you know, they're not always the brightest. They're not always
- 26:47Speaker 1: thinking we're planning ahead, or they wouldn't be in situation
- 26:50Speaker 1: you cut out on me. But what I think you said, Belcon,
- 26:52Speaker 1: is that most criminals are idiots. Yes, more or lesson
- 26:55Speaker 1: That's what I'm saying. You know what, I think you're
- 26:58Speaker 1: probably right, but they're so it's a huge majority of
- 27:02Speaker 1: criminals that get away. We think we're getting fifty percent,
- 27:06Speaker 1: sixty percent. In a way, we're not even We're scratching
- 27:09Speaker 1: the surface of criminals that are apprehended. But for the
- 27:13Speaker 1: most part, I agree with you, Ken Belkin. Not that smart.
- 27:17Speaker 1: It's not liking an air Kuel Poirot movie where they're
- 27:21Speaker 1: so smart that they get away with murder. They're still
- 27:24Speaker 1: driving around with a ski mask and the guns in
- 27:26Speaker 1: the car. It'll take one ballistics comparison to figure out
- 27:30Speaker 1: that the bullets were fired from one of those guns. Here.
- 27:35Speaker 1: What it's what I think is the real travesty. The
- 27:39Speaker 1: real travesty, in addition to what the victims went through,
- 27:43Speaker 1: is that there is a possibility Dad is going to
- 27:47Speaker 1: be facing murder charges. It's happened before. We take a
- 27:51Speaker 1: Listen to our friends over at court TV. Dousett, a
- 27:55Speaker 1: karate instructor, had abducted eleven year old Jodie Plochet several
- 27:58Speaker 1: weeks earlier and taken him to California. When Jody was
- 28:03Speaker 1: rescued and returned to his family, his father Gary was
- 28:07Speaker 1: coping with reports that Dussette had sexually assaulted his son.
- 28:12Speaker 1: We didn't know what to do. You just feel helpless.
- 28:14Speaker 1: Ten days later, when the police flew Ducette back to
- 28:16Speaker 1: face trial, Gary Cloche was waiting with a gun. As
- 28:23Speaker 1: a suspect came through the airport. I ready my camera,
- 28:27Speaker 1: raced it up to get a close up shot at him.
- 28:30Speaker 1: As I got a close up shot, and as he
- 28:32Speaker 1: got parallel to me, Garry Cloche shoots. That's right, Dad
- 28:41Speaker 1: guns down the man he suspected I'm molesting his son. Listen,
- 28:45Speaker 1: Cloche shoots and kills him. Gary Why? Gary? Why? And
- 28:54Speaker 1: to this day it stands out in my mind, the shooter.
- 28:58Speaker 1: Gary Ploche says, if it had been your child, you
- 29:02Speaker 1: would have done the same thing too. Today, Abram McGaugh
- 29:06Speaker 1: is an assistant US attorney and views that tape through
- 29:09Speaker 1: the eyes of a federal prosecutor. I would have to
- 29:12Speaker 1: say the video take was the most ideal witness in
- 29:14Speaker 1: this case and actually see him take the gun out
- 29:18Speaker 1: of his boot, pull it up to the shoulder lever
- 29:21Speaker 1: of Jeff du Sat and pull the trigger and shoot him.
- 29:28Speaker 1: Yet Clochet, after pleading no contest to manslaughter, got off
- 29:32Speaker 1: with only five years probation. Would you have done the
- 29:36Speaker 1: same thing? A lot of parents say yes, He's not
- 29:39Speaker 1: the only one to take a Listen to our friends
- 29:40Speaker 1: at Fox ten. For Aaron Latowski, his sole responsibility is
- 29:45Speaker 1: protecting his wife, three kids, and their nanny. Don't forget
- 29:49Speaker 1: the family dog, Sadie, who Latowski says alerted him late
- 29:52Speaker 1: last night to a break in. And so I came
- 29:54Speaker 1: inside and I saw that one of our side doors
- 29:56Speaker 1: was open, and she was barking in the hall towards
- 30:01Speaker 1: my kid's bedrooms. Right away, Latowski says, he grabbed his shotgun. Meanwhile,
- 30:05Speaker 1: the rest of the family was asleep we never would
- 30:08Speaker 1: have known. We would have continued to sleep and sleep
- 30:11Speaker 1: through it. So I'm just so thankful. Letowski went into
- 30:13Speaker 1: his daughter's room, where he says the suspect came out
- 30:16Speaker 1: with a large piece of wood, his face mask and
- 30:18Speaker 1: his body naked. A face mask and completely naked. And
- 30:23Speaker 1: your little girl's room. Take a listen to Justin Lamb.
- 30:28Speaker 1: Letowski went into his daughter's room, where he says the
- 30:31Speaker 1: suspect came out with a large piece of wood, his
- 30:33Speaker 1: face masked and his body naked. He basically was lunging
- 30:36Speaker 1: at me, so it was very quick. He had his
- 30:38Speaker 1: hands in the air. I could see something dark or
- 30:42Speaker 1: black coming at me, and again it was very very close,
- 30:46Speaker 1: so I fired almost immediately. Two shots killed the suspect,
- 30:49Speaker 1: police believed to be an eighteen to nineteen year old man.
- 30:52Speaker 1: The Latowski said this was the first break in at
- 30:54Speaker 1: their home, but they have always been prepared. God bless
- 30:57Speaker 1: America and the Second Amendment. I'm glad we're I was
- 31:00Speaker 1: able to protect my family. God bless the police for
- 31:04Speaker 1: coming so quick to take care of us. It's amazing
- 31:08Speaker 1: to me that anyone could even consider putting these cases
- 31:11Speaker 1: to a grand jury. But it happens. Listen to our
- 31:15Speaker 1: friends at ABC News. A frantic father called nine one
- 31:20Speaker 1: after finding a farm hand. He sues Flores allegedly sexually
- 31:24Speaker 1: assaulting his little girl. The Lavaca County District Attorney's office
- 31:28Speaker 1: released the dramatic call. Okay, the nine one on the
- 31:45Speaker 1: audio is just part of the evidence presented to a
- 31:47Speaker 1: Lavaca County grand jury who chose not to indict the father.
- 31:51Speaker 1: District Attorney Heather mcmihn tells us why and under the
- 31:55Speaker 1: law in the state of Texas, deadly fourth force is
- 31:58Speaker 1: authorized and justify in order to stop and aggravated sexual
- 32:02Speaker 1: assault or a sexual assault. All the evidence that was
- 32:05Speaker 1: presented by the Sheriff's department and by the Texas Rangers
- 32:08Speaker 1: indicated that that was in fact what was occurring when
- 32:11Speaker 1: the victim's father arrived at the scene. Did you hear
- 32:15Speaker 1: that this father finds a man raping his five year
- 32:20Speaker 1: old little girl, beats him to death, and then the
- 32:23Speaker 1: father's case is sent to a grand jury. Luckily, the
- 32:28Speaker 1: grand jury had enough sense not to indict. But listen
- 32:31Speaker 1: to this for neighbor Michael Vay to the decision not
- 32:35Speaker 1: to indict, It wasn't surprising. He grew up with a
- 32:38Speaker 1: young man who went to school with my kids. Great guy,
- 32:41Speaker 1: I mean, calls me mister Weiss, yes or no, Sarah
- 32:44Speaker 1: will manor kid. Prosecutors say, you can hear the young
- 32:47Speaker 1: father trying to say Flora as in the nine one
- 32:50Speaker 1: one audio. I don't know the man, dival man, I'm
- 32:58Speaker 1: a tomb. They hopes his neighbor's family can now recover
- 33:06Speaker 1: my man actually lost his life. It's sad, but I
- 33:09Speaker 1: think justice was served that day that grand jury did
- 33:12Speaker 1: not indict. But that is not true for every dad
- 33:17Speaker 1: that takes action. Take a listen to NBC fifteen mobile.
- 33:22Speaker 1: A defense lawyer says authorities are overreacting with a murder
- 33:25Speaker 1: charge against a Coleman County man charging killing his daughter's
- 33:29Speaker 1: sexual abuser. Forty one year old Jay Mayner is charged
- 33:33Speaker 1: with the shooting death of fifty nine year old Raymond
- 33:35Speaker 1: Earld Brooks. The family says that Brooks was sexually abusing
- 33:39Speaker 1: Maynard's daughter, who is now speaking out about the incident.
- 33:43Speaker 1: I was so so young. I don't remember when it started,
- 33:46Speaker 1: but when I finally told someone I was eight, for
- 33:50Speaker 1: the first time in my life. I do not feel scared.
- 33:53Speaker 1: For the first time in my life. I do not
- 33:56Speaker 1: wake up feeling fear. Coleman County investigators couldn't confirm whether
- 34:00Speaker 1: the two thousand and two sex abuse case had any
- 34:03Speaker 1: connection to the shooting, but Brooks was a registered sex offender.
- 34:07Speaker 1: The Coleman County Sheriff's Office reports Jay Mayner will be
- 34:10Speaker 1: charged with first degree murder, attempted murder, and shooting into
- 34:14Speaker 1: an occupied dwelling. We can only hope that the father
- 34:19Speaker 1: in this case that we are covering today out of
- 34:22Speaker 1: Port Arthur, Texas, is not charged. The phrase vigilante dad
- 34:28Speaker 1: is being thrown around recklessly, but this father should be
- 34:34Speaker 1: applauded for protecting his family. We wait as justice unfolds.
- 34:39Speaker 1: Nancy Grace crime story signing off Goodbye friend.