Latest / Crime Stories with Nancy Grace / DRUNK MOMMY LEAVES HER 5-YEAR-OLD TOT GIRL DEAD IN BACK SEAT!
Transcript
- 0:05Speaker 1: Crime Stories with Nancy Grace. On early Sunday mornings across
- 0:16Speaker 1: our country, a lot of people are getting up and
- 0:19Speaker 1: getting ready and rousting their children and shaking the house
- 0:23Speaker 1: out like a rug to get everybody to church and
- 0:26Speaker 1: Sunday school on time. A lot of people are having
- 0:28Speaker 1: their morning coffee and reading the paper. You don't really
- 0:33Speaker 1: think about a mommy drunk, stinking, drunk, slamming into a
- 0:42Speaker 1: crash killing a five year old little girl, at least
- 0:49Speaker 1: I don't when I wake up on a Sunday morning.
- 0:58Speaker 1: Crime Stories with Nancy Grace. Take a listen to our
- 1:07Speaker 1: France a kak etv nes Wichita, who this morning a
- 1:11Speaker 1: five year old girl was dead following an overnight car
- 1:14Speaker 1: crash southeast of which saw. That crash happened just after
- 1:17Speaker 1: three this morning. Their forty seventh and one hundred and
- 1:19Speaker 1: twenty seventh Sheriff's County, Central County Sheriff's Deputies rather say
- 1:24Speaker 1: a woman in her mid twenties was driving them forty
- 1:26Speaker 1: seventh when she somehow crashed at car just west of
- 1:30Speaker 1: one hundred and twenty seventh Street. Now her daughter was
- 1:33Speaker 1: a passenger in the car and died on the scene.
- 1:35Speaker 1: Investigators do say that alcohol might be involved and that
- 1:39Speaker 1: mother is expected to be booked into the jail on
- 1:42Speaker 1: unknown charges. Unknown charges. Really, I got a pretty good
- 1:46Speaker 1: idea what those charges are going to be. And you
- 1:49Speaker 1: know what always kills me, It kills me. To you
- 1:53Speaker 1: before I can even introduce everybody, let me go to
- 1:55Speaker 1: Alex Atti, Mother's Against Drunk Driving National President. You can
- 2:01Speaker 1: find Alex at mad President m add Alex. Why do
- 2:07Speaker 1: we act like wow, what happened? And I hate when
- 2:11Speaker 1: it's called an accident. It is no accident, did you notice?
- 2:15Speaker 1: And no offense to our friends KAKA ETV News Wichita,
- 2:20Speaker 1: they said somehow she had a crash. Well, I can
- 2:25Speaker 1: tell you how she was drunk as a skunk. That's
- 2:27Speaker 1: how she had a crash. Alex, Well, thank you so
- 2:30Speaker 1: much for saying that you're absolutely right and that it's
- 2:33Speaker 1: not an accident. It's a choice and it is a
- 2:35Speaker 1: crime and we need to call her what it is.
- 2:39Speaker 1: But we see an alarming number of adults getting behind
- 2:43Speaker 1: the wheel after consuming alcohol, are drugs with their children
- 2:46Speaker 1: in the car? Guys, let me rewind and introduce an
- 2:50Speaker 1: all start panel joining us. Christy Missouri, you know her name,
- 2:55Speaker 1: Well Emmy Award winning investigative reporter and president of Successful
- 3:00Speaker 1: Strategies PR and Crisis Communications Firm. Professor Forensics, Jacksonville State University,
- 3:05Speaker 1: author of Blood Beneath My Feet on Amazon, Starred our
- 3:09Speaker 1: brand new hit series on the True Crime Network, Poisonous
- 3:12Speaker 1: Liaison's Death Investigator Joseph Scott Morgan, clinical psychologist, joining us.
- 3:22Speaker 1: This guy has been around the blot knows what he's
- 3:26Speaker 1: talking about. It's doctor Alan Blotkey. James shell Nutt twenty
- 3:31Speaker 1: seven years metro major case swat officer now lawyer at
- 3:36Speaker 1: shell Nutt Lawfirm dot Com. Special guests joining us Alex Atti,
- 3:42Speaker 1: present of Mad Mothers Against Drunk Driving National and two
- 3:47Speaker 1: very special guests. I'm really looking forward to hearing from
- 3:51Speaker 1: Tim Nagel and Michelle Nagel, the parents of Kila Nagel,
- 3:58Speaker 1: who is stand by, sitting by with them now in
- 4:04Speaker 1: a wheelchair after being hit by a drunk driver. It
- 4:12Speaker 1: is a miracle from heaven that this girl is alive
- 4:22Speaker 1: and sitting with her parents right now to speak out
- 4:27Speaker 1: against drunk driving. But you know what, five year old
- 4:32Speaker 1: layah Byas can't do that. She's dead. Thanks Mommy to
- 4:42Speaker 1: you Christie Missourich, what happened, Well, you pointed to the
- 4:47Speaker 1: facts of what happened. I mean, the mom, Nori Lamb,
- 4:51Speaker 1: is charged with manslaughter, driving under the influence, and transporting
- 4:57Speaker 1: an open container of alcohol. So that kind of led
- 5:02Speaker 1: some credence to the dui and the reports and the
- 5:05Speaker 1: communities was horrified to learn the report details that this
- 5:09Speaker 1: kindergartener was out and about in a car with her
- 5:13Speaker 1: drunk mother, who was drinking in the car at three
- 5:16Speaker 1: o'clock in the morning. Reports coming out of that area
- 5:20Speaker 1: are saying, you know, the girl might have been out
- 5:23Speaker 1: and about at an obvious another location with her mom
- 5:27Speaker 1: late Saturday evening and mom was returning home when she
- 5:31Speaker 1: lost control of the car and slammed into a concrete
- 5:34Speaker 1: culvert and the girl died at the scene. I'm very
- 5:37Speaker 1: curious where this woman had been because this they keep
- 5:42Speaker 1: referring to it as an accident. It's no accident when
- 5:45Speaker 1: you choose to drink, then choose to get your keys
- 5:49Speaker 1: and get in your car, crank it up, put it
- 5:52Speaker 1: in reverse, back off, take off, much less with your
- 5:56Speaker 1: baby in the car. I'm very curious if the baby
- 6:00Speaker 1: had been seatbelted, because why did mommy live and baby died?
- 6:05Speaker 1: But they're calling in an accident, I'll call it a crash.
- 6:09Speaker 1: During the investigation, deputies discover evidence indicating alcohol contributed to
- 6:14Speaker 1: the accident. More investigative efforts determined pc problem cause existed
- 6:19Speaker 1: to arrest and book Norie Lamb driving under the influence,
- 6:24Speaker 1: transporting open container of an alcoholic beverage. You know what
- 6:28Speaker 1: that means. It means she was drinking and really couldn't
- 6:33Speaker 1: even put the drink down to drive. She had to
- 6:36Speaker 1: have an open drink in the car, shell nut. You're
- 6:40Speaker 1: the defense lawyer, That's what that means. Open container of
- 6:44Speaker 1: alcoholic beverage. She couldn't even leave it at the bar
- 6:48Speaker 1: or the party. She had to drive literally while drinking.
- 6:52Speaker 1: Not driving under the influence, but driving under the influence,
- 6:56Speaker 1: plus getting a snoopfull while she's driving. Yeah, you know,
- 7:01Speaker 1: I look at this from all different angles, from the
- 7:03Speaker 1: law enforcement angle, from the prosecution angle, at the fan cycle,
- 7:06Speaker 1: you know, from the defence angle. And I don't want
- 7:08Speaker 1: you madami when I say this from the fanceyingle. I'm
- 7:10Speaker 1: already mad. When you queue it up like that, you
- 7:12Speaker 1: know what I'm gonna be, maggo angle. We don't know
- 7:15Speaker 1: how long that open container had been in the car.
- 7:18Speaker 1: I mean, it could be from days earlier. It could
- 7:20Speaker 1: be it could be a loose top on a liquor bottle.
- 7:23Speaker 1: It could be a beer can that had a fraction
- 7:25Speaker 1: of beer in the back seat. We don't know that
- 7:28Speaker 1: it was from this night. Okay, all right? A mom
- 7:33Speaker 1: arrested after a rollover crash that killed her five year
- 7:37Speaker 1: old little girl around three fifteen am on a Sunday
- 7:41Speaker 1: morning in a rural area south west of Wichita. You
- 7:48Speaker 1: know what is she doing drinking at three fifteen in
- 7:51Speaker 1: the morning. Now, Sheln Nott wants you to believe that
- 7:53Speaker 1: was left over? Why was it in the car though?
- 7:56Speaker 1: What about that? To doctor Alan Blockkey, pH d, Clinical
- 8:00Speaker 1: Psychologists joining us out of the Birmingham jurisdiction, Doctor Blockkey,
- 8:05Speaker 1: I need a shrink because you know, before I had
- 8:08Speaker 1: the children, I did all kind of crazy things. I'd
- 8:11Speaker 1: scuba dive. I was looking at an oxygen chamber to
- 8:16Speaker 1: try to get over a scuba accident on the other
- 8:19Speaker 1: side of the world. For Pete's sake. I'd drive fast.
- 8:22Speaker 1: I'd go into all kind of bad neighborhoods looking for
- 8:25Speaker 1: witnesses at night, unarmed, you name, it didn't matter, didn't care.
- 8:31Speaker 1: But now that I have the twins, I've never scuba
- 8:34Speaker 1: dived again, and I'm sure as heck I'm not going
- 8:38Speaker 1: to do anything to take me away from those twins.
- 8:42Speaker 1: What die and leave my husband to marry some tramp
- 8:46Speaker 1: to raise my children. That's not gonna happen willingly on
- 8:50Speaker 1: my part. In Oh, So, what happens in the minds
- 8:55Speaker 1: of moms and dads. Let's just not limit it to
- 8:58Speaker 1: moms where after they have children, they still behave recklessly
- 9:05Speaker 1: and wantonly Well, I'll tell you this, probably what happens
- 9:08Speaker 1: in this case in other cases is that they go
- 9:11Speaker 1: in with good intentions, but after you start drinking and
- 9:14Speaker 1: you've had two, and you've had four, and you've had
- 9:16Speaker 1: six with that effect says your decision making and your
- 9:19Speaker 1: judgment and all that goes out the window, and then
- 9:23Speaker 1: you do terrible things. I just want to say one
- 9:26Speaker 1: other thing. We haven't heard about what her blood alcohol
- 9:29Speaker 1: level was. That will tell the story. Yeah, you're right,
- 9:33Speaker 1: but under the law, doctor Blockkey, even if she was
- 9:39Speaker 1: not DOUI per se, if she didn't even reach the
- 9:42Speaker 1: legal limit, if she was driving impaired at all, right,
- 9:48Speaker 1: and for I'm just bidding you money, that baby was
- 9:52Speaker 1: not in a seat belt. Why did mommy live baby died?
- 9:57Speaker 1: I would also I would also like to know did
- 10:00Speaker 1: she call the police or an ambulance after the accidents,
- 10:04Speaker 1: because the reporting is that she had minor injuries, So
- 10:07Speaker 1: did she make an effort to call an ambulance or
- 10:11Speaker 1: the police? Good point, Prime stories with Nancy Grace. Guys,
- 10:30Speaker 1: we are talking about a five year old little girl,
- 10:33Speaker 1: absolutely beautiful dead. Why mommy drunk and driving her vehicle
- 10:39Speaker 1: does a roll over? Three fifteen? And you know I'm
- 10:42Speaker 1: looking at a mug shot right now, I don't like her.
- 10:44Speaker 1: Out of teach, She's like, hmm, I don't like that.
- 10:48Speaker 1: For Pete's sake, your child is dead and you're looking
- 10:51Speaker 1: like all pod because you are in a mug shot.
- 10:55Speaker 1: I don't like that right there. Of course, I'm sure
- 10:57Speaker 1: a good defense turning can explain all that A way
- 10:59Speaker 1: I would argue, she's still drunk. You know, I just
- 11:02Speaker 1: heard doctor Alan Blockkey, PhD, clinical psychologist, esteemed renowned in
- 11:07Speaker 1: his field, joining me from Birmingham. You know I want
- 11:10Speaker 1: to go to Michelle and Tim Nagel, the mother and
- 11:14Speaker 1: father of Keela Nagel, now in a wheelchair because of
- 11:18Speaker 1: a drunk driver. Did you hear block Key say good intentions,
- 11:27Speaker 1: good intentions? You know what my grandmother always said, road
- 11:30Speaker 1: to hell paved with good intentions. You can take those
- 11:35Speaker 1: good intentions right to the supper table with the devil.
- 11:39Speaker 1: And that is exactly what this woman has done. Good intentions.
- 11:43Speaker 1: My rear end out with your five year little girl
- 11:47Speaker 1: getting a snoop Fiel. What's a good intention of that?
- 11:50Speaker 1: Michelle Nagle, I don't care about what they intended. I
- 11:54Speaker 1: care about what happen, right, We agree. Yeah, it's sad.
- 11:58Speaker 1: You know when something it's behind the wheel of a
- 12:03Speaker 1: car and decides the drink and they don't understand the
- 12:07Speaker 1: repercussions that doing that to cause a family. I mean,
- 12:13Speaker 1: our lives have been turned upside down. Our daughter can
- 12:16Speaker 1: no longer walk. We're trying to get her there, trying
- 12:22Speaker 1: to get her to speak louder. She had a your
- 12:24Speaker 1: traumatic brain injury. All the sports she was a freshman
- 12:30Speaker 1: playing for varsity for volleyball, and she just had everything
- 12:35Speaker 1: going for her. And it's it has not only turned
- 12:40Speaker 1: Cable's lights off, the side down. It's turned our lives
- 12:42Speaker 1: upside down, and her friends and family. So it impacts
- 12:48Speaker 1: a lot of people. And I don't think people realize
- 12:51Speaker 1: when they get behind the wheel of a car you
- 12:55Speaker 1: have to be careful because you can hurt another family
- 13:00Speaker 1: a lot. Missus Alex and I want to speak to
- 13:02Speaker 1: the good intention. Yes, every child deserves it doesn't need
- 13:06Speaker 1: a driver. Children don't have a voice or a choice
- 13:10Speaker 1: when writing with adults, and yet those entrusted to keep
- 13:12Speaker 1: children safe are all too often the same people who
- 13:15Speaker 1: put them in danger by driving drunk. I was thirteen
- 13:19Speaker 1: when an adults man made the choice. His intention, they
- 13:22Speaker 1: have been to have a good time that day, but
- 13:25Speaker 1: his choice led to my near death. His choice led
- 13:29Speaker 1: to me living with one leg. So I don't, frankly
- 13:32Speaker 1: care what his intention was. I care what the consequence was,
- 13:36Speaker 1: and I'm the one that was left to suffer it.
- 13:38Speaker 1: I'm just hearing what Alex Autie is saying. The president
- 13:43Speaker 1: of Mothers Against Drunk Driving National Organization, Tim Nagel, Michelle Nagel,
- 13:49Speaker 1: the parents of Kiela Nagel, and right now just lifting
- 13:54Speaker 1: up her prayer for God to bless Keela and her
- 13:58Speaker 1: family and give her strength and the resolution she needs
- 14:04Speaker 1: to move forward, and that they need to help her
- 14:08Speaker 1: over the years to come. You know, Joe Scott Morgan,
- 14:13Speaker 1: you heard Alex ODDI, A crash is not an accident.
- 14:19Speaker 1: How much alcohol do you need a drink to be
- 14:23Speaker 1: even impaired? I mean drunk to the legal limit, which
- 14:27Speaker 1: has now been lowered to point o eight, but to
- 14:31Speaker 1: be impaired, well, to be impaired essentially, you know, like
- 14:35Speaker 1: you said, point o eight, that's generally in most states
- 14:39Speaker 1: that's going to be the legal level for intoxication. But
- 14:42Speaker 1: if you're just talking to say around point o three,
- 14:46Speaker 1: you're still going to have people that are going to
- 14:48Speaker 1: lose at that point in time. Thinks like social inhibition.
- 14:52Speaker 1: There'll be total relaxed, totally relaxed, almost like a narcotic
- 14:57Speaker 1: to a certain degree, there'll be real talkative this sort
- 15:00Speaker 1: of thing. But what follows after that are things like
- 15:04Speaker 1: diminished ability to react. Say, for instance, if something appears
- 15:10Speaker 1: in front of you, you can't react in time while
- 15:13Speaker 1: you're driving, or you can't imagine if you have blinders on,
- 15:19Speaker 1: you know, and you try to dodge something and you
- 15:22Speaker 1: wind up overcompensating, which probably happened in this case. Since
- 15:27Speaker 1: it was a rollover type event, you're going to jerk
- 15:29Speaker 1: the wheel very, very hard, and so the vehicle will
- 15:33Speaker 1: begin to roll. So you don't have to be at
- 15:36Speaker 1: point zero eight in order to have these impacts relative
- 15:40Speaker 1: to how this alcohol is affecting you. And what's very
- 15:44Speaker 1: disturbing about this, Nancy, and I'll go back to this,
- 15:47Speaker 1: is the fact that she's got an open container in
- 15:50Speaker 1: the vehicle with her, which you know, if you're thinking
- 15:54Speaker 1: about this, I'm not talking about it inside the courtroom.
- 15:56Speaker 1: I'm talking about from a logical application, she's got alcohol
- 15:59Speaker 1: on board in her system, and on top of that,
- 16:02Speaker 1: she's still taking on alcohol as she is under she's
- 16:08Speaker 1: the custodial parent here, she's in charge of this little
- 16:11Speaker 1: girl's life. And one more thing, and this is what
- 16:14Speaker 1: I'll have to say. You had mentioned that these are
- 16:17Speaker 1: referred to as accidents, and then you said, I'm going
- 16:20Speaker 1: to call it a crash. Nancy, this is homicide. This
- 16:25Speaker 1: is one human being bringing about the death of another
- 16:29Speaker 1: human being. There doesn't have to be intent here. This
- 16:32Speaker 1: is a homicide and it should be treated that way.
- 16:35Speaker 1: And unfortunately, we have all of these people that run
- 16:38Speaker 1: around over and over and over. How many cases do
- 16:43Speaker 1: we cover where there are people that have multiple DUI
- 16:46Speaker 1: fences nationwide and they still have a license. They're still
- 16:50Speaker 1: not penalized because they don't get slapped down hard enough.
- 16:53Speaker 1: As a matter of fact, there are a lot of
- 16:55Speaker 1: statistics on that. I'm going to go to Alex Autie,
- 16:58Speaker 1: the president of Mothers Against Drunk Driving National Alex, I'm
- 17:03Speaker 1: always floored when I hear the stat How does it
- 17:07Speaker 1: go for every DUI arrest? How many times do we
- 17:12Speaker 1: extrapolate the purpe has been drinking in the past and
- 17:15Speaker 1: not gotten caught. So I want to agree first with
- 17:18Speaker 1: the people that I've spoken before. It is a violent,
- 17:21Speaker 1: one hundred percent preventable crime. And the statistic is that
- 17:26Speaker 1: the average drunk driver has driven drunk more than eighty
- 17:30Speaker 1: times before their first offense before they are arrested the
- 17:34Speaker 1: first time. Well, yeah, it did me, Alex. I thought
- 17:36Speaker 1: it was seventy something. It's eighty. Go ahead, dear. So
- 17:39Speaker 1: while we may see a first offense DUI, that is
- 17:42Speaker 1: not the first time that they have driven drunk. And
- 17:45Speaker 1: I want to add so when he was talking about
- 17:48Speaker 1: how impairment can happen as low as point oh three.
- 17:52Speaker 1: I want to say that that is why you make
- 17:54Speaker 1: a plan before you take the first drink. That is why,
- 17:57Speaker 1: if you're going to consume alcohol at all, if your
- 18:01Speaker 1: plans include alcohol, your plans do not need to include driving.
- 18:04Speaker 1: You need to make a plan before the first drink.
- 18:07Speaker 1: That would be the best intention is to have a
- 18:10Speaker 1: plan before the drinking begins. You know. I was speaking
- 18:14Speaker 1: to actually one of the children's former babysitters. I had
- 18:20Speaker 1: two babysitters that would sit with them, so one could
- 18:23Speaker 1: watch the twins and the other could watch the babysitter
- 18:26Speaker 1: watching the twins, because in my mind I thought it
- 18:29Speaker 1: was safer to have two babysitters rather than one. Anyway,
- 18:34Speaker 1: I called him recently and said, so, mister Chris, what's
- 18:37Speaker 1: going on? And he went, oh, I've got to go drive.
- 18:40Speaker 1: I need boss this weekend. As boss happens to be
- 18:44Speaker 1: a former police officer that I need very very well,
- 18:48Speaker 1: a motorman a motorcycle. And I said, why are you drive?
- 18:54Speaker 1: What do you mean you've got to drive him? I
- 18:56Speaker 1: know a CoP's retirement or does not afford a driver.
- 19:00Speaker 1: He goes, oh, well, he and his wife are going
- 19:02Speaker 1: out to dinner this weekend. They know they're going to
- 19:04Speaker 1: have a few drinks. He doesn't want to drive, so
- 19:06Speaker 1: I'm gonna drive him. You know, it doesn't have to
- 19:10Speaker 1: be that complicated. There's uber You don't have to have
- 19:14Speaker 1: a driver. You just have to have that app on
- 19:17Speaker 1: your phone much less. You're dragging your five year old
- 19:20Speaker 1: little girl along with you. Crime Stories with Nancy Grace
- 19:38Speaker 1: for those of you just joining us. A five year
- 19:41Speaker 1: old little girl, Oh my goodness, she's so so sweet,
- 19:45Speaker 1: so innocent, so beautiful, five years old. I'm just thinking
- 19:50Speaker 1: about the twins at five years old. Oh dear lord.
- 19:53Speaker 1: My husband insisted that they go to preschool. They started
- 19:59Speaker 1: that around three. Oh how I would cry. They would cry,
- 20:04Speaker 1: would all cry and sit out in the car, even
- 20:07Speaker 1: go up and look in the window. At first, the
- 20:09Speaker 1: teachers were afraid. They got used to it so I
- 20:11Speaker 1: could see what was going on in there. Five years old,
- 20:16Speaker 1: so tender, so defenseless. As alex Atti with mothers against
- 20:23Speaker 1: jan driving point out, they don't have a choice who's
- 20:25Speaker 1: driving him them or whether mommy puts their seat belt on.
- 20:29Speaker 1: Who wants to drunk mommy? Nobody take a listen to
- 20:35Speaker 1: our friends at ks and TV news which this is
- 20:38Speaker 1: Emily Younger. A mother arrested accused of killing her young
- 20:41Speaker 1: daughter in an early morning crash southeast of Wichita. Nori
- 20:45Speaker 1: Limb was booked into jail on suspicion of involuntary manslaughter,
- 20:49Speaker 1: d Y, and transporting an open container. A lieutenant with
- 20:52Speaker 1: a Sagua County's Sheriff's Office says Limb was driving your
- 20:56Speaker 1: forty seventh Street south in one hundred and twenty seventh
- 20:59Speaker 1: Street East when her suv went off the road and
- 21:01Speaker 1: ruled Liam had minor injuries. Her fiderable daughter, Alia Reus died.
- 21:06Speaker 1: Lamb's bond is set at twenty five thousand dollars guarantee
- 21:09Speaker 1: you the baby wasn't not a seatbelt because still the
- 21:12Speaker 1: dichotomy mommy lives, baby dies on this scene, doesn't even
- 21:16Speaker 1: make it to the hospital. And let me just clarify
- 21:19Speaker 1: to you. James shell Nutt, former cop twenty seven years
- 21:25Speaker 1: Metro major case including SWAT now lawyer shall Nut Law
- 21:29Speaker 1: from dot com. She is charged with DUI driving under
- 21:35Speaker 1: the influence not impaired driving, which could be a point
- 21:38Speaker 1: ZO three or a point Z two. She's charged with
- 21:41Speaker 1: DUI and in this jurisdiction, Kansas. The legal limit for
- 21:46Speaker 1: blood alcohol BACS point zero eight. And that's very very
- 21:55Speaker 1: strictly proven. Got a good friend, former prosecutor or, misdemeanor prosecutor,
- 22:01Speaker 1: now very successful defense lawyer. That was his specialty, beating
- 22:07Speaker 1: the blood alcohol that's right. If the cop does anything
- 22:11Speaker 1: wrong taking that blood alcohol test, it's thrown out and
- 22:17Speaker 1: you've got nothing left to put in front of a jury.
- 22:21Speaker 1: What did you say, I thought she was drunk. No,
- 22:23Speaker 1: you've got to show the blood alcohol was properly taken,
- 22:26Speaker 1: the breathalyzer was done properly, then it was transported properly,
- 22:30Speaker 1: it was researched and determined scientifically properly, or else it's
- 22:35Speaker 1: thrown out of evidence, just like all other scientific evidence.
- 22:40Speaker 1: Jury will never hear it, and you lose your case
- 22:42Speaker 1: because you can't prove it. Just like we've been talking about,
- 22:45Speaker 1: was she drunk? We don't know what's your blood alcohol?
- 22:48Speaker 1: We do this, it's scientifically proven to be at least
- 22:52Speaker 1: point zero eight. What about that? Shall not put that
- 22:56Speaker 1: in your pipe and smoke it? So, yeah, you're right.
- 23:00Speaker 1: I remember from when I was a police officer, you know,
- 23:02Speaker 1: work in DUI cases I want to say that there's
- 23:05Speaker 1: over thirty different individual steps from the time that the
- 23:08Speaker 1: person has stopped until the time that they are placed
- 23:12Speaker 1: into jail, and officer has to check all of those lists.
- 23:14Speaker 1: And if they don't check those lists, and that includes,
- 23:17Speaker 1: you know, properly are reading the person, they're applied and
- 23:20Speaker 1: sent rights, properly handling the in talcs, what you get
- 23:25Speaker 1: to the police department, properly documenting everything, and the the
- 23:31Speaker 1: per se requirement in point of weight. That's important because
- 23:34Speaker 1: of this. If everything was done correctly in this case,
- 23:39Speaker 1: and it was point zero eight per se, per se
- 23:43Speaker 1: simply means that they don't have to prove anything else
- 23:46Speaker 1: other than that you were at that limit because you
- 23:48Speaker 1: are presumed by the court, you were declared by the
- 23:52Speaker 1: law to be dui. And that's a big deal. You know,
- 23:56Speaker 1: she's charged right now that according to the news reports,
- 23:59Speaker 1: with involuntary and slaughter. What you see a lot of
- 24:02Speaker 1: times in these cases is that that involuntary manslaughter charge
- 24:07Speaker 1: can be upgraded as high as a murder charge. And
- 24:10Speaker 1: I'm not so sure that the prosecutor's office is quite
- 24:14Speaker 1: done with her yet. Well, I can only pray, you know,
- 24:17Speaker 1: to Tim and Michelle Nagel. This is Kila's mother, Kella,
- 24:22Speaker 1: now in a wheelchair after being hit by a drunk driver,
- 24:26Speaker 1: battling back to some degree of normalcy. God willing. When
- 24:31Speaker 1: you hear us haggling back and forth, Tim and Michelle,
- 24:34Speaker 1: I know it seems superfluous, maybe even silly, because what's
- 24:41Speaker 1: the difference between point eight and point oh three when
- 24:45Speaker 1: you're dealing with helping your daughter reclaim her life every day?
- 24:50Speaker 1: But it does matter. It matters because the person behind
- 24:55Speaker 1: the wheel needs to be stopped. And if a cop
- 25:00Speaker 1: comes in and they somehow did not perform the blood
- 25:03Speaker 1: alcohol the breathalyzer correctly and I have to throw that
- 25:06Speaker 1: case out. What am I going to tell the victim's family? Yeah? Right.
- 25:10Speaker 1: That was one concern that we had when we met
- 25:14Speaker 1: with the prosecutor. I think like the defensive attorney was
- 25:18Speaker 1: trying to have that evidence suppressed. So that was a
- 25:23Speaker 1: huge concern for us when going to court, you know,
- 25:27Speaker 1: because they were trying to have it suppressed. I believe
- 25:30Speaker 1: we had a rookie cop who took the test, but
- 25:35Speaker 1: I mean eventually everything worked out, but that was a
- 25:38Speaker 1: huge concern for us. Guys, you're hearing from the Nago family.
- 25:41Speaker 1: Their daughter Keela was the victim of a dui crash
- 25:49Speaker 1: and it has affected their family more than anyone can know.
- 25:56Speaker 1: Back to the dui aspect of this case, I also
- 26:00Speaker 1: want to talk about the fact that not only was
- 26:03Speaker 1: the baby in the car, I believe not buckled into
- 26:06Speaker 1: a seatbelt, but what are they doing out? Do we
- 26:08Speaker 1: have any idea to Christy, Missouri Emmy Award winning investigative reporter,
- 26:13Speaker 1: what mommy was doing out with the baby at three
- 26:16Speaker 1: o'clock in the morning. Follow up investigations and they're backtracking
- 26:20Speaker 1: where she had been. Our leading police now that she
- 26:25Speaker 1: was out and about on Saturday evening with friends and
- 26:30Speaker 1: brought the little girl along. So where when she started,
- 26:35Speaker 1: you know, Saturday night, it continued into Sunday morning, and
- 26:39Speaker 1: you know, I guess she wanted a couple last swigs
- 26:42Speaker 1: on their way home and brought one to go to
- 26:46Speaker 1: go cut. That's what the most recent recent cop reports
- 26:50Speaker 1: are saying. Prime Stories with Nancy Grace, Guys, this is
- 27:08Speaker 1: not the first mommy to drive a drunk. Take a
- 27:12Speaker 1: listen to our friends at the Today Show NBC. Brian
- 27:19Speaker 1: Schuller was only five when his mother, sister, and cousins
- 27:24Speaker 1: were all killed in a violent crash. Brian was the
- 27:28Speaker 1: lone survivor. Mommy was Diane Schuler. She drove the family
- 27:32Speaker 1: minivan the wrong way on New York's Taconic Parkway, slamming
- 27:36Speaker 1: into an suv, killing all three inside the suv headed
- 27:41Speaker 1: to their own family dinner. The Schuller family was decimated
- 27:45Speaker 1: to Diane and her daughter were killed, along with all
- 27:49Speaker 1: her brother's kids, three young sisters, kids not moving. Yeah,
- 27:54Speaker 1: there's a whole bunch of kids. Honestly, the cart smash.
- 27:57Speaker 1: Just moments before the accident, one of the kids called
- 28:00Speaker 1: home worried by saying, Aunt Diane can't see Aunt Diane.
- 28:06Speaker 1: Something's wrong with Aunt Diane. Toxicology report showed Diane Schuler
- 28:11Speaker 1: was high on drugs and drunk behind the wheel, more
- 28:14Speaker 1: than double the legal limit. Guys, we were talking about
- 28:17Speaker 1: a horrific crash, and I won't say accident because the
- 28:21Speaker 1: mother in this case, Nori Lamb, was dui at least
- 28:26Speaker 1: point oz eight blood alcohol for a DUI charge. The victim,
- 28:32Speaker 1: her little five year old girl, Aliah Rays now dead
- 28:38Speaker 1: dead at the scene. As I was saying, she's by
- 28:41Speaker 1: far the first mommy to drive drunk and kill her
- 28:44Speaker 1: own children. Take a listen to our friend Andrew Canning
- 28:47Speaker 1: at GMABC. Before Schuler got onto the highway where she
- 28:51Speaker 1: made the fatal wrong turn, witnesses say she was driving
- 28:54Speaker 1: erratically along this road, weaving in and out of traffic
- 28:57Speaker 1: and honking her horn. So what was wrong? Tuesday, police
- 29:01Speaker 1: revealed an answer. Dianne Shuler had a blood alcohol content
- 29:05Speaker 1: of point one nine percent. She'd had the equivalent of
- 29:08Speaker 1: ten drinks, elevating her blood alcohol level to almost two
- 29:12Speaker 1: and a half times the legal limit. Investigators recovered a
- 29:15Speaker 1: broken one point seven five leader bottle of vodka. Toxicology
- 29:20Speaker 1: also reveals that Dianne Shuler had a high level of
- 29:23Speaker 1: THHC in her blood. THHC is the active ingredient contained
- 29:27Speaker 1: a marijuana. Let me circle back to Alex at Mother's
- 29:33Speaker 1: Against Drunk Driving National President Alex we earlier heard James
- 29:36Speaker 1: shell Nutt, former cop now defense attorney, arguing maybe the
- 29:40Speaker 1: open container of alcohol and Nori Lamb's car was from
- 29:44Speaker 1: a previous day. Well, here we see the same thing
- 29:48Speaker 1: in the earlier case where there was a broken bottle
- 29:52Speaker 1: of vodka. I mean, I don't need anybody to add
- 29:55Speaker 1: two plus two for me to get four. You have
- 29:58Speaker 1: a crash. Your point, oh at least blood alcohol. You
- 30:02Speaker 1: got an open container, a booze in your car. I mean,
- 30:06Speaker 1: it's so obvious. It was a to go cup. She
- 30:09Speaker 1: hadn't had enough, she wanted more with her daughter right there,
- 30:12Speaker 1: and regardless, no matter when, no matter where, no matter why,
- 30:16Speaker 1: she should not have had an open container in the car.
- 30:19Speaker 1: I don't. It doesn't matter if it was from a
- 30:22Speaker 1: previous incident. The open container in the car is against
- 30:26Speaker 1: the wall, and she should not have had an open
- 30:30Speaker 1: container in her car. Ever, But the fact that no
- 30:35Speaker 1: one should have an open container in their car, and
- 30:37Speaker 1: the fact that someone is intoxicated as well as having
- 30:40Speaker 1: an open container, I mean, I agree with you two
- 30:42Speaker 1: plus two, but there are open container walls regardless of
- 30:46Speaker 1: win or why have you ever noticed? Just got Morgan,
- 30:48Speaker 1: Professor forensics. You've been on your death investigator, You've been
- 30:52Speaker 1: on so many scenes. I've noticed repeatedly, the dront person lives,
- 30:58Speaker 1: in the innocent person dies. Why is that? Well, one
- 31:02Speaker 1: of the things is that as the more intoxicated you are,
- 31:10Speaker 1: these essentially the ethanol, the alcohol itself acts as a
- 31:15Speaker 1: relaxant in your body, so you're totally relaxed. So let's say,
- 31:19Speaker 1: for instance, when you're driving down the road, and I
- 31:22Speaker 1: know a lot of people in our audience can identify
- 31:24Speaker 1: with this, how many people have been hit or you
- 31:26Speaker 1: see an accident coming at you. One of the things,
- 31:29Speaker 1: if you're not inebriated, you're gonna grab the steering wheel
- 31:33Speaker 1: very tightly. You're going to tense up every muscle in
- 31:35Speaker 1: your body so that when you get hammered by an
- 31:39Speaker 1: oncoming vehicle or you're running off the road, you're so
- 31:42Speaker 1: tense that you're gonna wind up with multiple contusions and
- 31:47Speaker 1: potentially broken bones, head injuries, all that stuff. Hey man,
- 31:50Speaker 1: when you're intoxicated, you're on the verge of being sedated,
- 31:54Speaker 1: so you're totally relaxed. So you're just gonna kind of
- 31:58Speaker 1: float about. Now you're gonna get deemed up up in
- 32:00Speaker 1: a lot of these people do if I get killed.
- 32:02Speaker 1: But you've got a higher probability of surviving that accident
- 32:06Speaker 1: because you're in kind of a relaxed state at that
- 32:08Speaker 1: point in time. Alex Auti mad National President. You said
- 32:11Speaker 1: earlier that this is no accident. I agree with you
- 32:15Speaker 1: because I believe, just as I would have to prove
- 32:18Speaker 1: intent mens rea under the law malice of forethought, even
- 32:22Speaker 1: if it was just for a few moments before a death.
- 32:26Speaker 1: I would argue to a jury that every single decision
- 32:30Speaker 1: was intentional and leading up to a death. The decision
- 32:34Speaker 1: to drink, the decision to get your keys and walk
- 32:37Speaker 1: to your car, the decision to crank up, put it
- 32:40Speaker 1: in reverse, put it in drive, go out onto an
- 32:43Speaker 1: open roadway. All of those are intentional decisions. And voluntary
- 32:49Speaker 1: use of drugs or alcohol is not a defense under
- 32:52Speaker 1: the law. So you can't claim, well, that's why I
- 32:55Speaker 1: made these decisions. It's intentional. It's just like me picking
- 33:00Speaker 1: up a gun a shooting Jackie right here in the studio.
- 33:02Speaker 1: They're absolutely right. And what you said about making a
- 33:06Speaker 1: series of choices, I can seek to my case, of course,
- 33:09Speaker 1: And do I believe that the man who ran me
- 33:11Speaker 1: over set out that morning to try and kill me? No,
- 33:14Speaker 1: of course not, he didn't know me. But I do
- 33:16Speaker 1: believe that he made a series of choices, one of
- 33:19Speaker 1: which involved consuming a large amount of alcohol that led
- 33:22Speaker 1: to my near death and loss of my leg. And
- 33:25Speaker 1: so I believe that it is a series of choices.
- 33:28Speaker 1: There's nothing accidental about that, and it is a serious crime.
- 33:32Speaker 1: Drunk driving is one of the leading causes of death
- 33:34Speaker 1: among our nation's children, and more than half of children
- 33:38Speaker 1: killed and drunk driving classes are killed by their own
- 33:40Speaker 1: drinking driver. Alex, how has being a victim of a
- 33:46Speaker 1: driver and losing your leg? How has that affected your life?
- 33:52Speaker 1: There's no way in which it hasn't affected my life.
- 33:56Speaker 1: I struggle a lot with the fact that the man
- 33:59Speaker 1: who ran me over got off, and so he gets
- 34:01Speaker 1: to forget There will never be a single second, but
- 34:05Speaker 1: I get to forget what he did to me because
- 34:08Speaker 1: I have a traumatic brain injury and I wake up
- 34:10Speaker 1: and put a leg on every morning, and so there's
- 34:12Speaker 1: absolutely no part of my life that it hasn't affected.
- 34:16Speaker 1: And for that reason, I wanted to be the last
- 34:19Speaker 1: little girl that this ever happened to. And I know,
- 34:22Speaker 1: more than ten years later and from this conversation today,
- 34:26Speaker 1: that I wasn't. But we at mad and me and
- 34:29Speaker 1: myself personally will continue to fight until that day comes,
- 34:32Speaker 1: until there is a last victim of drunk driving. This
- 34:36Speaker 1: is by far the first or the last driving incident
- 34:40Speaker 1: that causes a death or in Kiella Nagel's case a
- 34:44Speaker 1: life altering injury. Take a listen to Chris Holmstrom at
- 34:52Speaker 1: KCAL nine. One of the boys was pronounced dead on
- 34:55Speaker 1: the scene, the other died at the hospital able to run.
- 34:58Speaker 1: She's a well known figure in the community. She even
- 35:00Speaker 1: appeared on KCAL nine News at noon last year to
- 35:03Speaker 1: help raise funds for charity. It really is, you know
- 35:06Speaker 1: about collaborating. She's the founder and chair of the Grossman
- 35:10Speaker 1: Burn Foundation. She's also been recognized for her humanitarian work
- 35:13Speaker 1: across the world. Now she's faced with two counts of
- 35:16Speaker 1: vehicular manslaughter. Authorities say she was driving in her the influence.
- 35:20Speaker 1: It's senseless because it could have been avoided simply by
- 35:23Speaker 1: using uber lyft, even calling a friend, and now two
- 35:28Speaker 1: muslike families are going to be affected by this for generations.
- 35:32Speaker 1: Captain Vassah also told me Grossman did not stay on
- 35:34Speaker 1: the scene and was arrested a quarter mile up the road.
- 35:38Speaker 1: She was booked on a two million dollar bail, and
- 35:40Speaker 1: authorities believe there's also a second vehicle involved. That's all
- 35:44Speaker 1: part of this investigation. Plowing into a family of six,
- 35:50Speaker 1: killing family members, then fleeing the scene. A well known socialite.
- 35:56Speaker 1: Does it never end mommies that drive a drunk? In
- 36:02Speaker 1: this case, little aliah rais dead to Tim and Michelle
- 36:09Speaker 1: Nagel standing by now with their daughter Kila, also a
- 36:13Speaker 1: junk driving victim. What is your message today, Nagel family.
- 36:19Speaker 1: You would just love if everybody could just when they
- 36:23Speaker 1: get in the car, make sure you're responsible. You can
- 36:27Speaker 1: just follow the law. You can truly destroy a family
- 36:33Speaker 1: and a lot of people by choosing to get behind
- 36:37Speaker 1: the wheel drunk and or high team medicine or whatever
- 36:43Speaker 1: it is. It impairs a driver. And you know, we
- 36:48Speaker 1: lost our daughter. She is figuously here, but um she's
- 36:56Speaker 1: she's not. And when a doctor told us that you'll
- 37:01Speaker 1: never have your old tale back, and um, she'll never
- 37:05Speaker 1: be the same. And we're just holding on the faith
- 37:11Speaker 1: that will. We're getting her back, and you know, focusing
- 37:16Speaker 1: everything on her and trying to get her better. And
- 37:20Speaker 1: it's it's hard for a mom dad to sit here
- 37:23Speaker 1: and watch, um, just the opportunity that she had for
- 37:28Speaker 1: her future, it's all it's stolen. And because you know,
- 37:34Speaker 1: when somebody gets behind the wheel of the car, you
- 37:36Speaker 1: just need to make sure you're responsible. Michelle Nay going
- 37:38Speaker 1: there after the murder of my fiancee. Often I would
- 37:42Speaker 1: wake up in the morning and just about maybe one
- 37:47Speaker 1: or two seconds, I would think everything was okay. Then
- 37:49Speaker 1: it would hit me, what was happening? Do you ever
- 37:54Speaker 1: wake up and think it's before the crash? Um? Sometimes yes, Um,
- 38:05Speaker 1: but I feel like our life right now is just
- 38:07Speaker 1: so consumed with h you know, therapy and just um,
- 38:12Speaker 1: you know, trying to make sure that she gets better. Um.
- 38:15Speaker 1: Sometimes it's hard, uh, you know for us to remember, um,
- 38:19Speaker 1: how it was before the crash. Um, you know, just
- 38:24Speaker 1: missed her every day. I'm sorry, and we do. We
- 38:28Speaker 1: have a lot of video. We always have a video
- 38:31Speaker 1: camera on us, so from when they were born, all
- 38:34Speaker 1: three of our kids, we have just videos we can watch.
- 38:37Speaker 1: And before we went to court, it was really tough
- 38:41Speaker 1: looking through all the videos pictures of her being born.
- 38:45Speaker 1: For the accident, just it rips your heart out. And
- 38:50Speaker 1: it basically we made the video for court, um, just
- 38:53Speaker 1: to present the judge where look, this is my precious daughter.
- 38:59Speaker 1: Her life was stolen by someone that was drinking and
- 39:05Speaker 1: I'm driving. So as a parent it's really hard to
- 39:11Speaker 1: do deal through all this and a lot of other
- 39:14Speaker 1: stuff behind the scenes that we're dealing with, but you
- 39:18Speaker 1: know we're gonna just thank God. I couldn't imagine doing
- 39:21Speaker 1: all without God. To Christy Missouri, Joe Scott Morgan, doctor
- 39:25Speaker 1: Alan Blackey, James shell nutt Alex Atti, I know you
- 39:29Speaker 1: heard everything the Nakeles just said. All of us and
- 39:34Speaker 1: all of you listening. We have our work cut out
- 39:37Speaker 1: for us. Don't we keep the faith? Friends,