1 00:00:05,800 --> 00:00:07,160 Speaker 1: Do you ever wake up in the middle of the 2 00:00:07,280 --> 00:00:12,560 Speaker 1: night and you think you hear something. Well, in Port Arthur, Texas, 3 00:00:13,039 --> 00:00:24,360 Speaker 1: that bump in the night was real. A dad asleep 4 00:00:24,400 --> 00:00:27,280 Speaker 1: in his own home when suddenly there's that bump in 5 00:00:27,400 --> 00:00:32,280 Speaker 1: the night, and now he's looking at murder charges. Take 6 00:00:32,280 --> 00:00:35,440 Speaker 1: a listen to this breaking overnight out of Port Arthur. 7 00:00:35,600 --> 00:00:39,760 Speaker 1: Two armed robbers are on the run. One person is 8 00:00:39,800 --> 00:00:43,040 Speaker 1: dead now. Port Arthur police are investigating a robbery that 9 00:00:43,120 --> 00:00:46,720 Speaker 1: happened on Eighteenth Street near to Queen Street just before 10 00:00:46,800 --> 00:00:50,360 Speaker 1: nine pm last night. Police say three men forcibly entered 11 00:00:50,360 --> 00:00:53,280 Speaker 1: the home as a female resident was arriving and held 12 00:00:53,280 --> 00:00:56,520 Speaker 1: the family at gunpoint. Police say children were inside the 13 00:00:56,560 --> 00:01:01,520 Speaker 1: home at the time. So everybody's sleep, the dad, the 14 00:01:01,600 --> 00:01:06,280 Speaker 1: man in the home. Here's something. It's armed intruders in 15 00:01:06,800 --> 00:01:09,520 Speaker 1: the home. With me and I'll start panel to break 16 00:01:09,520 --> 00:01:12,360 Speaker 1: it down and put it back together again. Should daddy 17 00:01:12,440 --> 00:01:15,880 Speaker 1: be charged with murder? First of all, Ken Belkan with me, 18 00:01:16,200 --> 00:01:18,920 Speaker 1: new York criminal defense attorney knows his way around the courtroom. 19 00:01:19,240 --> 00:01:23,360 Speaker 1: You can find him at belcan Law dot com or now. 20 00:01:23,360 --> 00:01:27,080 Speaker 1: A psychologists joining us out of Manhattan is Karen start 21 00:01:27,080 --> 00:01:30,640 Speaker 1: with a c at Karen Stark dot com, former police 22 00:01:30,680 --> 00:01:34,839 Speaker 1: chief in John's Creek, twenty five years with the police force. 23 00:01:35,480 --> 00:01:39,720 Speaker 1: Now he is at Chris Buyer's Investigations and polygraph dot com. 24 00:01:40,280 --> 00:01:46,039 Speaker 1: Joining me out of Austin, Texas Deputy Medical Examiner Travis County. 25 00:01:46,040 --> 00:01:49,560 Speaker 1: That's Austin doctor Kendall Krouse. But first to Ray Kimputo, 26 00:01:49,760 --> 00:01:54,200 Speaker 1: lead news anchor at w d BO. Ray, tell me 27 00:01:54,400 --> 00:01:57,600 Speaker 1: about Port Arthur. What is that. It's a it's a 28 00:01:57,720 --> 00:01:59,720 Speaker 1: sleepy little city. It's right there on the co O 29 00:02:00,040 --> 00:02:02,640 Speaker 1: Golf coast, Nancy, not far from Beaumont. I mean, he 30 00:02:02,640 --> 00:02:05,880 Speaker 1: couldn't get any closer to the Gulf than where it's at. 31 00:02:05,880 --> 00:02:08,359 Speaker 1: And uh, it's it's not far from Houston. But long 32 00:02:08,400 --> 00:02:11,200 Speaker 1: story short is it's you know, it's got some some industry, 33 00:02:11,200 --> 00:02:14,480 Speaker 1: but a lot of rural communities, little little neighborhoods like 34 00:02:14,480 --> 00:02:17,440 Speaker 1: where this happen. You know, you're reminding me of Ray Kimpeter. 35 00:02:17,639 --> 00:02:21,360 Speaker 1: You're reminding me of when I first went to the 36 00:02:21,480 --> 00:02:26,400 Speaker 1: scene of Lacy Peterson's murder. And people think they hear 37 00:02:26,480 --> 00:02:31,239 Speaker 1: California and they think La or Sacramento or San Diego 38 00:02:31,360 --> 00:02:36,400 Speaker 1: or San Francisco, a big city Modesto was nothing like that. 39 00:02:36,520 --> 00:02:41,280 Speaker 1: I remember I drove down the end of Lacy Peterson's 40 00:02:41,400 --> 00:02:45,600 Speaker 1: Street and there was a I guess it was an 41 00:02:45,680 --> 00:02:53,480 Speaker 1: olive farm. It was full of farming country, beautiful beautiful 42 00:02:53,560 --> 00:02:59,160 Speaker 1: farm country, all sorts of trees, groves, you name it. 43 00:02:59,320 --> 00:03:03,400 Speaker 1: And when most people think of Texas, a lot of them, 44 00:03:04,200 --> 00:03:06,600 Speaker 1: not me, but a lot of people think of Dallas 45 00:03:06,760 --> 00:03:09,880 Speaker 1: or Houston. But it's not all like that at all. 46 00:03:09,919 --> 00:03:12,960 Speaker 1: Go ahead, yeah, well put Port Arthur. You know, I 47 00:03:13,000 --> 00:03:14,760 Speaker 1: know you're gonna get on me, but it's not you know, 48 00:03:14,800 --> 00:03:16,720 Speaker 1: a place where a lot of folks, you know, see 49 00:03:16,720 --> 00:03:19,639 Speaker 1: this sort of thing, or see high crying budget out. 50 00:03:19,720 --> 00:03:22,560 Speaker 1: But wait a minute, right, you know you knew I 51 00:03:22,560 --> 00:03:26,280 Speaker 1: was gonna jump on that. Right, it doesn't happen here. 52 00:03:27,040 --> 00:03:31,440 Speaker 1: How many times have you heard that? Chief fires? It 53 00:03:31,560 --> 00:03:35,000 Speaker 1: just doesn't happen in our neighborhood. Oh absolutely. You know 54 00:03:35,040 --> 00:03:37,480 Speaker 1: I've spent during my twenty five year career, I worked 55 00:03:37,960 --> 00:03:40,160 Speaker 1: all sides of Metro Atlanta, and I've worked in the 56 00:03:40,960 --> 00:03:43,480 Speaker 1: high crime areas. And then I finished out my last 57 00:03:43,520 --> 00:03:46,720 Speaker 1: thirteen years in what was named the safest city in 58 00:03:46,760 --> 00:03:50,320 Speaker 1: Georgia for six or seven years straight. Number like fourteen 59 00:03:50,400 --> 00:03:53,280 Speaker 1: in the country, and we had every one of the 60 00:03:53,360 --> 00:03:56,640 Speaker 1: crimes that I dealt with when I worked in South Atlanta, 61 00:03:57,040 --> 00:04:00,760 Speaker 1: maybe not as frequently, but every one of those happened 62 00:04:00,800 --> 00:04:03,560 Speaker 1: right here in John's Creek. So people have that false 63 00:04:03,640 --> 00:04:07,200 Speaker 1: sense of security when they live in what they deem 64 00:04:07,440 --> 00:04:10,880 Speaker 1: a safe area. Yeah, I will never forget prosecuting in 65 00:04:10,880 --> 00:04:14,440 Speaker 1: Inner City Atlanta. I had tons. That's the height of 66 00:04:14,440 --> 00:04:17,719 Speaker 1: the drug trade at that time. Atlanta one of the 67 00:04:17,800 --> 00:04:20,400 Speaker 1: murder capitals of the world because of the drug trade. 68 00:04:21,000 --> 00:04:24,400 Speaker 1: Lots and lots and lots of murderers in Inner City 69 00:04:24,520 --> 00:04:27,200 Speaker 1: and South Atlanta as you head toward the airport. But 70 00:04:27,200 --> 00:04:32,880 Speaker 1: I'll never forget when I went into a wealthy enclave 71 00:04:33,600 --> 00:04:39,040 Speaker 1: off of North Russell Road, the Long Island Drive area, Nope, 72 00:04:39,040 --> 00:04:42,120 Speaker 1: And I pulled in and went to the scene. And 73 00:04:42,160 --> 00:04:44,160 Speaker 1: when I got back out into my car, when I 74 00:04:44,320 --> 00:04:47,880 Speaker 1: left several hours later, people were in their front yards 75 00:04:48,240 --> 00:04:51,880 Speaker 1: just looking. They could not believe that a crime had 76 00:04:51,880 --> 00:04:55,719 Speaker 1: occurred there. And I guess that's what you're telling me, Rykafudo, Nancy, 77 00:04:55,760 --> 00:04:57,800 Speaker 1: it's not. It's not without its crime. But you if 78 00:04:57,839 --> 00:04:59,680 Speaker 1: you ask residents, you know a lot of them are 79 00:05:00,040 --> 00:05:01,960 Speaker 1: you know they don't see. You know, you don't see 80 00:05:02,040 --> 00:05:04,599 Speaker 1: violent crime like that. But you know what, then again, 81 00:05:04,760 --> 00:05:07,159 Speaker 1: if you look at crime statistics for any city, not 82 00:05:07,200 --> 00:05:10,440 Speaker 1: a lot of people expect murders and rapes and robberies 83 00:05:10,480 --> 00:05:14,160 Speaker 1: to happen on a daily base, especially in your home. 84 00:05:14,720 --> 00:05:18,720 Speaker 1: I mean, Ken Belkin, h veteran criminal defense attorney on 85 00:05:18,839 --> 00:05:22,040 Speaker 1: New York at Belkin law dot com. You know, in 86 00:05:22,160 --> 00:05:25,760 Speaker 1: law school we studied every theory of criminal law about 87 00:05:25,839 --> 00:05:32,720 Speaker 1: mentreya and tent, malignant heart, wild, abandonment, you name it. 88 00:05:33,520 --> 00:05:37,600 Speaker 1: But I think a jury can normally assume when an 89 00:05:37,600 --> 00:05:41,760 Speaker 1: intruder comes into your home, you sheet him dead. It's 90 00:05:41,839 --> 00:05:44,839 Speaker 1: not your fault. I'm sure you're going to disagree. Hit me. 91 00:05:44,920 --> 00:05:47,760 Speaker 1: I'm ready, Ken Belkin. I mean, I would want to 92 00:05:47,760 --> 00:05:51,679 Speaker 1: defend this guy because he's got a supercastle doctrine defense. 93 00:05:51,880 --> 00:05:55,040 Speaker 1: He was defending these children in his home and these 94 00:05:55,080 --> 00:05:57,560 Speaker 1: three people came in as a home invasion, and he 95 00:05:57,640 --> 00:06:00,360 Speaker 1: took one of them out, and quite frankly, I think 96 00:06:00,360 --> 00:06:02,280 Speaker 1: he was within his rights to do so. And I'd 97 00:06:02,360 --> 00:06:04,839 Speaker 1: love to have that case of Hey Belkin, for once 98 00:06:05,000 --> 00:06:07,400 Speaker 1: you and I agree, I mean, Karen, start to think 99 00:06:07,440 --> 00:06:10,120 Speaker 1: about it. You live in the heart of Manhattan, not 100 00:06:10,240 --> 00:06:12,560 Speaker 1: too far from where David and the twins and I are. 101 00:06:12,960 --> 00:06:18,760 Speaker 1: And imagine all safe and snug and tugged in, and 102 00:06:18,800 --> 00:06:22,200 Speaker 1: then somebody is in your home. It's not like you're 103 00:06:22,279 --> 00:06:27,000 Speaker 1: walking down the street. It's some hateful person mugs you 104 00:06:27,040 --> 00:06:29,200 Speaker 1: didn't see on the end, steals your pocket. But you're 105 00:06:29,320 --> 00:06:33,880 Speaker 1: at home, minding your own business when someone intrudes that's 106 00:06:33,880 --> 00:06:37,240 Speaker 1: the worst nightmare scenario. Well, I think, Nancy, I think 107 00:06:37,240 --> 00:06:41,200 Speaker 1: you're correct in saying that you'd be very happy if 108 00:06:41,200 --> 00:06:44,120 Speaker 1: you had some kind of a weapon in a situation 109 00:06:44,240 --> 00:06:49,000 Speaker 1: like that. I guess, I guess it depends if you're 110 00:06:49,040 --> 00:06:53,040 Speaker 1: allowed to have that gun, if it's legal that you 111 00:06:53,160 --> 00:06:56,200 Speaker 1: have it. How did you get on gun control when 112 00:06:56,240 --> 00:06:59,599 Speaker 1: I asked you about the psychology of feeling safe in 113 00:06:59,640 --> 00:07:02,080 Speaker 1: your own home? You know, don't start me up on 114 00:07:02,160 --> 00:07:05,359 Speaker 1: Second Amendment, okay, because you know how I hate guns, 115 00:07:06,040 --> 00:07:10,000 Speaker 1: hate hate hate guns. I'm a victim of gun violence myself, 116 00:07:10,400 --> 00:07:14,200 Speaker 1: But I don't think that that right should be taken 117 00:07:14,240 --> 00:07:18,880 Speaker 1: away from us and just white out of in the constitution. Now, 118 00:07:19,000 --> 00:07:22,840 Speaker 1: can we get back on the psychology of feeling safe 119 00:07:22,920 --> 00:07:25,880 Speaker 1: in your own home? But you're not well and that's 120 00:07:26,080 --> 00:07:30,560 Speaker 1: that's the part of this incident that's most frightening I 121 00:07:30,680 --> 00:07:33,440 Speaker 1: think is that anybody would be glad if they had 122 00:07:33,560 --> 00:07:37,160 Speaker 1: something that they could protect themselves, especially when it comes 123 00:07:37,200 --> 00:07:41,720 Speaker 1: to children. People are fierce about their families and their children. 124 00:07:42,360 --> 00:07:45,720 Speaker 1: I can understand completely. I think that most people in 125 00:07:45,760 --> 00:07:48,240 Speaker 1: that circumstance would you be to jack same thing. And 126 00:07:48,360 --> 00:07:50,760 Speaker 1: you know, Karen Starr, you and I've covered so many 127 00:07:50,800 --> 00:07:53,040 Speaker 1: cases where child goes missing from the home, where child 128 00:07:53,160 --> 00:07:57,119 Speaker 1: is hurt in the home. With all the cases we've 129 00:07:57,160 --> 00:08:01,200 Speaker 1: covered and that I've prosecuted up all during the night 130 00:08:01,320 --> 00:08:03,560 Speaker 1: and just go peek on the twins. I just look 131 00:08:03,600 --> 00:08:05,400 Speaker 1: at them, make sure they're in their bed, make sure 132 00:08:05,440 --> 00:08:07,800 Speaker 1: they're still breathing, and then try to go back to sleep. 133 00:08:08,080 --> 00:08:12,200 Speaker 1: You know, that was actually the scenario here. So Port 134 00:08:12,480 --> 00:08:19,800 Speaker 1: Arthur Low crime, rural area, some business. So what happened 135 00:08:19,840 --> 00:08:33,040 Speaker 1: in this case Crime Stories with Nancy Grace, we are 136 00:08:33,080 --> 00:08:38,080 Speaker 1: talking about a shooting in a residential area, in someone's 137 00:08:38,200 --> 00:08:42,760 Speaker 1: own home. Everybody in the home at night, mining their 138 00:08:42,800 --> 00:08:48,920 Speaker 1: own business. When three arm intruders bust in Ray Kimputer 139 00:08:49,160 --> 00:08:53,320 Speaker 1: lead news anchor WDBO. I understand they had their faces 140 00:08:53,400 --> 00:08:56,280 Speaker 1: covered yeah, Nancy, like you, like a lot of robbers do. 141 00:08:56,400 --> 00:08:58,720 Speaker 1: But what they what happened was they had followed the 142 00:08:58,840 --> 00:09:02,559 Speaker 1: mother who had just got home into the house. Now 143 00:09:02,800 --> 00:09:05,160 Speaker 1: inside was the dad. There was a couple of kids, 144 00:09:05,200 --> 00:09:07,199 Speaker 1: one of them was young faces Tell me that again, 145 00:09:07,280 --> 00:09:11,760 Speaker 1: because that's that's Jackie. Do you remember the case doctor 146 00:09:11,800 --> 00:09:16,920 Speaker 1: pettit up in New England and his wife and daughter, 147 00:09:16,960 --> 00:09:18,560 Speaker 1: I think is the way it went. Had been to 148 00:09:19,080 --> 00:09:24,600 Speaker 1: the store, and two or three evildoers followed them home, 149 00:09:25,600 --> 00:09:29,240 Speaker 1: made the mom go in withdraw money from the bank. 150 00:09:29,360 --> 00:09:34,200 Speaker 1: They targeted that home. They waited, They hit mister doctor 151 00:09:34,200 --> 00:09:36,960 Speaker 1: Ellis I think it was in the head, made him, 152 00:09:37,240 --> 00:09:41,160 Speaker 1: tied him all up he was immobile, then raped and 153 00:09:41,320 --> 00:09:45,920 Speaker 1: killed the daughters and the mother. This set the house 154 00:09:45,920 --> 00:09:50,960 Speaker 1: on fire from following her home. Following her home, so 155 00:09:51,080 --> 00:09:53,880 Speaker 1: Ray Kimpeter, that's how the whole thing started. They followed 156 00:09:53,880 --> 00:09:56,199 Speaker 1: the mom home. I don't know if they followed her home, 157 00:09:56,240 --> 00:09:58,600 Speaker 1: but they certainly were lying in wait, Nancy. They could 158 00:09:58,640 --> 00:10:00,520 Speaker 1: have been outside, They could have followed at her home. 159 00:10:00,559 --> 00:10:02,440 Speaker 1: They may have seen that she went to an at 160 00:10:02,600 --> 00:10:05,840 Speaker 1: I'm a certain store. But they were ready is because 161 00:10:05,920 --> 00:10:08,160 Speaker 1: right after she got home, it wasn't long after that 162 00:10:08,240 --> 00:10:11,920 Speaker 1: these massive intruders with their guns busted up in that home. 163 00:10:12,320 --> 00:10:14,959 Speaker 1: That tells me a lot right there. Ken Belkin at 164 00:10:15,080 --> 00:10:19,480 Speaker 1: Belkin Law dot com, New York criminal defense attorney. They 165 00:10:19,559 --> 00:10:22,960 Speaker 1: did you hear what Raykabuto said, the words they were ready? 166 00:10:23,520 --> 00:10:28,040 Speaker 1: There's no way around premeditation. How often do you go 167 00:10:28,240 --> 00:10:33,640 Speaker 1: visit someone's home, Belkin, with your face mask and your 168 00:10:33,720 --> 00:10:36,719 Speaker 1: gun with you? Well, given the fact that I live 169 00:10:36,720 --> 00:10:39,160 Speaker 1: in New York, you know we can't really even have 170 00:10:39,280 --> 00:10:42,280 Speaker 1: guns in the city, But in any event, I always 171 00:10:42,280 --> 00:10:45,520 Speaker 1: have my mask on du to COVID. Long story short, guys, 172 00:10:45,720 --> 00:10:51,800 Speaker 1: What I'm trying to call car pull out of Belkin 173 00:10:52,960 --> 00:10:56,280 Speaker 1: is that when you go, let's just say, to a 174 00:10:56,320 --> 00:10:58,360 Speaker 1: bank and you want to get twenty dollars out of 175 00:10:58,360 --> 00:11:02,160 Speaker 1: the ATM, do you care your gun at a face 176 00:11:02,240 --> 00:11:06,440 Speaker 1: covering a mask to do that? No, and if you do, 177 00:11:07,280 --> 00:11:10,959 Speaker 1: you're robbing the bank. Bam. There. So, when you go 178 00:11:11,080 --> 00:11:15,640 Speaker 1: to a place with ill intent that is under our 179 00:11:15,880 --> 00:11:22,320 Speaker 1: law premeditation. Premeditation can be formed just like that in 180 00:11:22,360 --> 00:11:25,000 Speaker 1: the twinkling of a moment, the blink of an eye, 181 00:11:25,320 --> 00:11:26,960 Speaker 1: the time it takes you to raise the gun and 182 00:11:27,000 --> 00:11:30,600 Speaker 1: pull the trigger. And when you travel to a location 183 00:11:30,960 --> 00:11:33,400 Speaker 1: let's just say, with a Molotov cocktail or a gun 184 00:11:33,559 --> 00:11:36,600 Speaker 1: or a face mask, and then you commit a crime 185 00:11:36,600 --> 00:11:40,040 Speaker 1: with it, it shows you planned it and that sets 186 00:11:40,040 --> 00:11:44,080 Speaker 1: you up for malice murder. So in this case, Ray 187 00:11:44,160 --> 00:11:47,840 Speaker 1: Computer w DBO, they see the mom come in, and 188 00:11:47,880 --> 00:11:51,320 Speaker 1: then what happens. They come in, guns a drawn, and 189 00:11:51,960 --> 00:11:54,880 Speaker 1: they hold the mom and she has two young kids 190 00:11:54,880 --> 00:11:57,400 Speaker 1: in this home, Nancy, one of them again five years old. 191 00:11:57,640 --> 00:12:03,400 Speaker 1: They hold all of this entire family hostage three I think, 192 00:12:03,520 --> 00:12:06,520 Speaker 1: one five year old and one three year old? Go ahead, 193 00:12:06,640 --> 00:12:09,160 Speaker 1: Oh could you imagine? Now? I can't. So Mom's got 194 00:12:09,160 --> 00:12:13,360 Speaker 1: her handsful. Mom's hysterical, you know, worried about these children. 195 00:12:13,400 --> 00:12:16,960 Speaker 1: These people are pointing guns at her, and dad is 196 00:12:17,000 --> 00:12:20,520 Speaker 1: sleeping in the other room. Guys, take a listen. Earlier 197 00:12:20,559 --> 00:12:24,000 Speaker 1: you heard Tracy Kennett kb MT. Take a listen to 198 00:12:24,040 --> 00:12:27,720 Speaker 1: Jordan Williams at twelve years One suspect is dad. Two 199 00:12:27,760 --> 00:12:30,400 Speaker 1: others on the run after Port Arthur police say they 200 00:12:30,440 --> 00:12:33,640 Speaker 1: tried to rob a family in their home. Investigators say 201 00:12:33,760 --> 00:12:36,200 Speaker 1: three men broken the home on Eighteenth Street around eight 202 00:12:36,280 --> 00:12:38,600 Speaker 1: thirty Sunday night. Once inside, they held a family at 203 00:12:38,640 --> 00:12:42,600 Speaker 1: gunpoint while demanding their belongings. The homeowner was in another 204 00:12:42,679 --> 00:12:45,200 Speaker 1: room and he heard everything. The man grabbed his gun 205 00:12:45,240 --> 00:12:47,679 Speaker 1: and fired several shots, hitting and killing twenty seven year 206 00:12:47,720 --> 00:12:51,199 Speaker 1: old Terrence Ellis. The two other suspects ran from the scene. 207 00:12:51,240 --> 00:12:53,560 Speaker 1: Port Arthur police tonight are still looking for those two men. 208 00:12:54,120 --> 00:12:57,960 Speaker 1: So dad pulls a gun and unloads two Doctor Kendall Crowns, 209 00:12:57,960 --> 00:13:03,720 Speaker 1: Deputy Medical Examiner, Chavis County, Texas. That's Austin, doctor Crowns. 210 00:13:04,559 --> 00:13:08,360 Speaker 1: As you heard Ray Komputer say, the three perps came 211 00:13:08,520 --> 00:13:13,640 Speaker 1: in the home, guns drawn, following mom into the home. 212 00:13:13,920 --> 00:13:16,319 Speaker 1: There's a three year old and a five year old there. 213 00:13:17,520 --> 00:13:22,560 Speaker 1: Very often when I've spoken to crime victims, they are 214 00:13:22,880 --> 00:13:27,840 Speaker 1: very They feel like adrenaline is pumping through their body 215 00:13:28,240 --> 00:13:32,440 Speaker 1: at the time of the attack. So the man, the dad, 216 00:13:33,080 --> 00:13:37,440 Speaker 1: grabs the gun and fires at them as they are 217 00:13:37,520 --> 00:13:42,840 Speaker 1: holding the children at gunpoint. What is that chemical reaction 218 00:13:42,960 --> 00:13:45,720 Speaker 1: in your body? You know, you've heard those stories about 219 00:13:45,920 --> 00:13:49,200 Speaker 1: moms being able to lift a car off their child, 220 00:13:50,600 --> 00:13:57,920 Speaker 1: stories of typically unimaginable behavior, but they do it in 221 00:13:57,960 --> 00:14:01,080 Speaker 1: that moment. What is that? What it is is when 222 00:14:01,120 --> 00:14:04,760 Speaker 1: you get into a frightful situation, it's called fighter flight, 223 00:14:05,320 --> 00:14:08,760 Speaker 1: and your body dumps a chemical which is called epinefrin 224 00:14:09,320 --> 00:14:12,840 Speaker 1: into your bloodstream and then that thusans you to be 225 00:14:12,920 --> 00:14:18,040 Speaker 1: able to react more quickly, have more strength. And so 226 00:14:18,200 --> 00:14:21,560 Speaker 1: from that fight or flight response from the epinefrin, you 227 00:14:21,600 --> 00:14:28,280 Speaker 1: can see people have these sudden massive strength or be 228 00:14:28,360 --> 00:14:33,440 Speaker 1: able to jump further, etc. Etc. So when the dump happens, 229 00:14:33,480 --> 00:14:36,600 Speaker 1: a lot a lot of things can change suddenly and 230 00:14:36,760 --> 00:14:39,520 Speaker 1: you can see a lot of quick reactions. You know, 231 00:14:39,600 --> 00:14:42,920 Speaker 1: Chris Buyer's former police chief John's Creek now at Chris 232 00:14:43,000 --> 00:14:48,560 Speaker 1: Buyer's Investigation and polygraph dot Com Chief Buyers. I've seen 233 00:14:48,880 --> 00:14:52,440 Speaker 1: so many homicides happen in the heat of the moment. 234 00:14:53,000 --> 00:14:55,960 Speaker 1: But in this case, this is not out of passion. 235 00:14:56,400 --> 00:15:00,520 Speaker 1: This is out of defense of a third party. What 236 00:15:00,640 --> 00:15:03,560 Speaker 1: do you make this case as we know it now 237 00:15:04,520 --> 00:15:06,840 Speaker 1: and what I've heard everything on this case, he was 238 00:15:06,880 --> 00:15:10,040 Speaker 1: completely justified in what he did. Did the exact same 239 00:15:10,040 --> 00:15:12,960 Speaker 1: thing that I did or I would do again. I'm 240 00:15:13,000 --> 00:15:15,720 Speaker 1: a card killing and r A member, so I am. 241 00:15:15,760 --> 00:15:18,560 Speaker 1: You know, I'm very much for having guns to take 242 00:15:18,560 --> 00:15:20,160 Speaker 1: care of yourself. You know. One of the things that 243 00:15:20,200 --> 00:15:21,920 Speaker 1: I used to tell people all the time, especially in 244 00:15:21,920 --> 00:15:24,880 Speaker 1: the community I was a chief at when seconds count, 245 00:15:25,600 --> 00:15:28,240 Speaker 1: we the police will be there in minutes, So you've 246 00:15:28,240 --> 00:15:30,000 Speaker 1: got to do something to take care of yourself and 247 00:15:30,000 --> 00:15:33,480 Speaker 1: protect yourself within those seconds until we can get there. 248 00:15:33,800 --> 00:15:36,120 Speaker 1: And people have that false sense of that the police 249 00:15:36,120 --> 00:15:37,320 Speaker 1: are going to get there and take care of it. 250 00:15:37,360 --> 00:15:40,920 Speaker 1: But these things unfold within seconds, just like this. So 251 00:15:41,760 --> 00:15:45,240 Speaker 1: everything he did, everything right as far as I'm concerned, 252 00:15:45,800 --> 00:15:49,440 Speaker 1: and now the possibility of a murder charge looming on 253 00:15:49,560 --> 00:15:55,320 Speaker 1: him put out the police id the dead suspectus Terence Ellis, 254 00:15:56,000 --> 00:15:58,920 Speaker 1: the owner of the home, fatally guns him down after 255 00:15:59,000 --> 00:16:02,720 Speaker 1: he barges into the home with two other suspects, all 256 00:16:02,760 --> 00:16:07,240 Speaker 1: with their faces covered. The three suspects barge in when 257 00:16:07,280 --> 00:16:10,880 Speaker 1: a woman who lives there, the mom, comes home. The 258 00:16:11,000 --> 00:16:14,560 Speaker 1: homeowner is said to be a twenty nine year old 259 00:16:14,680 --> 00:16:18,320 Speaker 1: dad who was armed with a rifle. The other two 260 00:16:18,360 --> 00:16:22,320 Speaker 1: suspects flee the sea, leaving their buddy behind bleeding out 261 00:16:22,360 --> 00:16:27,360 Speaker 1: on the floor. But it's not over yet. Take a 262 00:16:27,400 --> 00:16:30,720 Speaker 1: listen to our friends at kb EMPT twelve. Now to 263 00:16:30,760 --> 00:16:33,240 Speaker 1: our breaking news out of Port Arthur. This morning. A 264 00:16:33,360 --> 00:16:37,000 Speaker 1: house fire just before midnight at the same home where 265 00:16:37,040 --> 00:16:39,800 Speaker 1: three people broke in and held a family at gunpoint 266 00:16:39,840 --> 00:16:43,320 Speaker 1: on Sunday night. The homeowner there shot and killed one 267 00:16:43,360 --> 00:16:46,600 Speaker 1: of the suspects involved, and I witness tells twelve News 268 00:16:46,600 --> 00:16:49,280 Speaker 1: and neighbors saw smoke and flames coming from that home 269 00:16:49,320 --> 00:16:51,680 Speaker 1: and dial nine one. Nobody was at home when the 270 00:16:51,680 --> 00:16:56,000 Speaker 1: fire started, and the cause is still unknown. And we're 271 00:16:56,080 --> 00:16:59,880 Speaker 1: learning this morning that hours before the fire broke out, 272 00:17:00,080 --> 00:17:02,240 Speaker 1: Port Arthur police were called back to the twenty five 273 00:17:02,360 --> 00:17:05,880 Speaker 1: hundred block of Eighteenth Street to investigate a different shooting. 274 00:17:05,960 --> 00:17:10,159 Speaker 1: This time nobody was injured. Does it never end? For 275 00:17:10,320 --> 00:17:24,680 Speaker 1: this family Crime Stories with Nancy Grace, We are talking 276 00:17:24,760 --> 00:17:30,040 Speaker 1: about intruders, masked intruders entering a residence and a sleepy 277 00:17:30,119 --> 00:17:34,040 Speaker 1: area Port Arthur, Texas. Mom has just come in a 278 00:17:34,080 --> 00:17:35,880 Speaker 1: three year old and a five year old. A three 279 00:17:35,920 --> 00:17:40,240 Speaker 1: year old had a gun held to his face that 280 00:17:40,320 --> 00:17:42,760 Speaker 1: may affect the way that child grows up the rest 281 00:17:42,800 --> 00:17:47,600 Speaker 1: of his life. So after daddy guns down one of 282 00:17:47,600 --> 00:17:50,760 Speaker 1: the perps, the other two perps leave and at the 283 00:17:50,920 --> 00:17:54,160 Speaker 1: same residence, there's a what we think as a drive 284 00:17:54,240 --> 00:17:57,320 Speaker 1: by shooting after what was that in retaliation? And then 285 00:17:57,480 --> 00:18:01,840 Speaker 1: after the family leaves, they set the home on fire 286 00:18:01,960 --> 00:18:06,320 Speaker 1: as what I get back. I mean, see, Grace, this 287 00:18:06,480 --> 00:18:08,480 Speaker 1: is crime Stories. I'm gonna thank you again for being 288 00:18:08,480 --> 00:18:10,840 Speaker 1: with us here at Fox Nation in series x M 289 00:18:10,920 --> 00:18:15,520 Speaker 1: one eleven. I mean, Ray Kaputo WDPO. What did they 290 00:18:15,560 --> 00:18:18,879 Speaker 1: come back and retaliation to set the home on fire, Nancy, 291 00:18:18,920 --> 00:18:21,840 Speaker 1: within like thirty hours, you got someone shot in this home, 292 00:18:21,840 --> 00:18:24,080 Speaker 1: you got a drive by shooting, and then the home 293 00:18:24,160 --> 00:18:26,960 Speaker 1: gets lit on fire. I mean, this poor family that 294 00:18:27,040 --> 00:18:29,359 Speaker 1: went through a lot of events and just you know, 295 00:18:29,400 --> 00:18:32,080 Speaker 1: a little over twenty four hours, little over one day. 296 00:18:32,160 --> 00:18:34,840 Speaker 1: So you're correct on that, and it seems I guess 297 00:18:35,520 --> 00:18:37,400 Speaker 1: you can't look at it any other way. They were 298 00:18:37,400 --> 00:18:41,440 Speaker 1: targeting this family, Yeah, I know, but you could say 299 00:18:41,440 --> 00:18:44,919 Speaker 1: that about any crivict that they were targeted. Take a 300 00:18:44,920 --> 00:18:48,399 Speaker 1: listen to Jordan Williams Kelsey Johnson KBMT twelve. A deadly 301 00:18:48,440 --> 00:18:51,680 Speaker 1: home invasion, a drive by shooting, and that fire all 302 00:18:51,720 --> 00:18:54,520 Speaker 1: at the same house in Port Arthur, all in roughly 303 00:18:54,680 --> 00:18:58,040 Speaker 1: thirty hours. Tonight, people who live near eighteenth and the 304 00:18:58,160 --> 00:19:01,560 Speaker 1: Queen are in disbelief and police are trying to find 305 00:19:01,600 --> 00:19:04,840 Speaker 1: out if the three things are related. Towels Reporter Kelsey 306 00:19:04,920 --> 00:19:08,399 Speaker 1: Johnson joins us with new information that she uncovered. The 307 00:19:08,480 --> 00:19:11,640 Speaker 1: motive in this case is unclear. Port Arthur police say 308 00:19:11,680 --> 00:19:14,720 Speaker 1: that the homeowner is being cooperative. But right now, the 309 00:19:14,840 --> 00:19:17,919 Speaker 1: answer to why this family was targeted lies with the 310 00:19:17,960 --> 00:19:21,040 Speaker 1: two suspects who got away. You know, there you go. 311 00:19:21,200 --> 00:19:26,000 Speaker 1: Another issue, Ken Belkan, a sticky legal issue is that 312 00:19:26,240 --> 00:19:30,280 Speaker 1: the other two perhaps that got away, could actually be 313 00:19:30,400 --> 00:19:36,960 Speaker 1: charged with their buddies murder. Explain the theory A felony murder. 314 00:19:37,000 --> 00:19:39,919 Speaker 1: That's the good old Veaston felony murder. Now taking me 315 00:19:39,960 --> 00:19:42,960 Speaker 1: back the first year of law school, Nancy. So look, 316 00:19:43,240 --> 00:19:46,639 Speaker 1: if a murder is if someone loses their life in 317 00:19:46,680 --> 00:19:49,440 Speaker 1: the commission of a felony, the people who were committing 318 00:19:49,440 --> 00:19:53,560 Speaker 1: that felony can be charged for murder, even if they 319 00:19:53,640 --> 00:19:56,680 Speaker 1: were not directly responsible for the loss of life. So 320 00:19:56,800 --> 00:19:59,760 Speaker 1: here where mister Ellis was shot and killed by the 321 00:20:00,000 --> 00:20:03,560 Speaker 1: father you know these he was engaged with two other 322 00:20:03,600 --> 00:20:06,520 Speaker 1: people in a home invasion, which is a felony, and 323 00:20:06,960 --> 00:20:08,840 Speaker 1: he was killed as a result of it. So his 324 00:20:09,000 --> 00:20:13,119 Speaker 1: two co felons can be charged for felony murder because 325 00:20:13,119 --> 00:20:17,080 Speaker 1: of his death. Darn right. An easy example I always 326 00:20:17,080 --> 00:20:19,720 Speaker 1: gave you juries is that let's just say Jackie and 327 00:20:19,760 --> 00:20:24,720 Speaker 1: I decide to rob a bank, and you know, I say, Okay, 328 00:20:24,760 --> 00:20:27,200 Speaker 1: nobody's going to get hurt Jackie. This is strictly about 329 00:20:27,240 --> 00:20:30,080 Speaker 1: the money. She agrees. As soon as she gets in there, 330 00:20:30,680 --> 00:20:34,080 Speaker 1: she goes, why I'll start shooting kills a teller. You 331 00:20:34,080 --> 00:20:37,639 Speaker 1: know what I'm in for it too. I'm responsible for 332 00:20:37,800 --> 00:20:41,760 Speaker 1: felony murder because I was part of a felony and 333 00:20:41,920 --> 00:20:46,960 Speaker 1: a death occurred. Let's see another example. Let's say we're 334 00:20:47,080 --> 00:20:51,080 Speaker 1: leaving the bank and I'm the getaway driver. I go 335 00:20:51,240 --> 00:20:54,760 Speaker 1: up on a curb in my haste and hit a 336 00:20:54,760 --> 00:20:59,479 Speaker 1: gas station. The tank blows up, the cashier on the 337 00:20:59,520 --> 00:21:04,440 Speaker 1: inside of the gas station dies. Felony murder. I'm in 338 00:21:04,560 --> 00:21:08,760 Speaker 1: commission of a felony, and what otherwise may have been 339 00:21:08,760 --> 00:21:12,639 Speaker 1: an accident is now a felony murder. Did I intend 340 00:21:12,720 --> 00:21:16,320 Speaker 1: to kill the gas store owner? Note? But it was 341 00:21:16,440 --> 00:21:20,960 Speaker 1: part of a felony and therefore felony murder, And in 342 00:21:21,000 --> 00:21:26,240 Speaker 1: most jurisdictions, felony murder carries the same penalty as malice 343 00:21:26,600 --> 00:21:30,840 Speaker 1: or murder one, so we're looking at murder charges all around. 344 00:21:31,359 --> 00:21:35,600 Speaker 1: Least likely is on the dad, But believe it or not, 345 00:21:36,040 --> 00:21:39,560 Speaker 1: it happens. The murder charges against the dad have been 346 00:21:39,600 --> 00:21:43,600 Speaker 1: thrown around. Take a listen now to Kelsey Johnson KB empty. 347 00:21:43,960 --> 00:21:46,280 Speaker 1: If houses could talk, this home on the corner of 348 00:21:46,320 --> 00:21:49,399 Speaker 1: eighteenth Street into Queen Boulevard in Port Arthur would have 349 00:21:49,400 --> 00:21:53,720 Speaker 1: a story to tell. This wasn't a random act. We 350 00:21:53,760 --> 00:21:56,720 Speaker 1: believe that the house was specifically targeted. On Sunday night, 351 00:21:56,760 --> 00:22:00,159 Speaker 1: a home invasion turned deadly. Three suspects forced their way 352 00:22:00,160 --> 00:22:02,480 Speaker 1: into a home and only two made it out alive. 353 00:22:02,880 --> 00:22:05,159 Speaker 1: One of these suspects was shot and killed by the 354 00:22:05,200 --> 00:22:09,800 Speaker 1: homeowner himself, defending his family. That family included a woman 355 00:22:09,880 --> 00:22:13,560 Speaker 1: and two young children. Hours later, a drive by shooting 356 00:22:13,600 --> 00:22:16,400 Speaker 1: at the same address. No one was in the house 357 00:22:16,440 --> 00:22:19,520 Speaker 1: of time. But this home story is not over yet. 358 00:22:19,960 --> 00:22:24,080 Speaker 1: Last night the house went up in flames. You know, revenge, 359 00:22:24,440 --> 00:22:29,000 Speaker 1: revenge Chief Chris Buyers, former police chief John's Creek, Georgia 360 00:22:29,080 --> 00:22:34,040 Speaker 1: at Chris Buyers investigations and polygraph dot Com. Chief Buyers. 361 00:22:34,680 --> 00:22:40,520 Speaker 1: Revenge is not a defense under the law. How often 362 00:22:40,560 --> 00:22:45,320 Speaker 1: have you seen death the car because of revenge? Oh? 363 00:22:45,359 --> 00:22:51,480 Speaker 1: Absolutely happens all the time. That mental trigger goes and 364 00:22:51,880 --> 00:22:55,760 Speaker 1: you're set on that revenge and just rage comes from it, 365 00:22:55,800 --> 00:22:59,080 Speaker 1: Oh what happens? Gosh, hundreds of times during my twenty 366 00:22:59,119 --> 00:23:01,880 Speaker 1: five years, I've seen those different types of crimes, maybe 367 00:23:01,880 --> 00:23:04,560 Speaker 1: not to this extent where somebody was killed, but yes, 368 00:23:04,680 --> 00:23:07,760 Speaker 1: revenge is a motive for a lot of things that 369 00:23:07,840 --> 00:23:10,719 Speaker 1: go on in the criminal world. Yeah, I'm thinking about 370 00:23:10,800 --> 00:23:15,679 Speaker 1: the one bleeding out before cops could get there and 371 00:23:15,800 --> 00:23:18,320 Speaker 1: question him, and the other two perps to get away 372 00:23:18,520 --> 00:23:22,800 Speaker 1: to Doctor Kendall Crowns, Deputy Medical Examiner, Travis County. That's Austin, Texas, 373 00:23:23,560 --> 00:23:27,640 Speaker 1: Doctor Crowns. How much blood is in our body and 374 00:23:27,960 --> 00:23:30,480 Speaker 1: how long does it take you to bleed out? You 375 00:23:30,560 --> 00:23:33,359 Speaker 1: have about three leaders of blood in your body, so 376 00:23:33,480 --> 00:23:39,240 Speaker 1: about three large bottles of pop or soda. Didn't you 377 00:23:39,240 --> 00:23:42,679 Speaker 1: ever call it a super bottle? A super bottle? So 378 00:23:42,760 --> 00:23:44,919 Speaker 1: we called it growing up. I mean, you've got a 379 00:23:45,000 --> 00:23:48,080 Speaker 1: regular coke and then you've got a super bottle, which 380 00:23:48,119 --> 00:23:51,120 Speaker 1: is I guess a leader? No, just me, Jackie says, 381 00:23:51,160 --> 00:23:53,720 Speaker 1: she called it a super bottle too, Okay, go ahead. 382 00:23:53,920 --> 00:23:57,560 Speaker 1: That must be a regional thing anyway. So you have 383 00:23:57,600 --> 00:24:00,960 Speaker 1: about three leaders in your system that any given time, 384 00:24:02,000 --> 00:24:04,480 Speaker 1: and depending on what gets hit, if your a order 385 00:24:04,480 --> 00:24:07,840 Speaker 1: gets hit, you can bleed out in seconds. If it's 386 00:24:07,840 --> 00:24:11,520 Speaker 1: a smaller vessel, you can take several minutes to bleed out. 387 00:24:11,600 --> 00:24:14,080 Speaker 1: So it just depends on what organ gets hit, what 388 00:24:14,200 --> 00:24:17,119 Speaker 1: vessel gets hit. So if it's a smaller vessel, it 389 00:24:17,200 --> 00:24:19,639 Speaker 1: still only takes minutes. Well, if you get to the 390 00:24:19,680 --> 00:24:25,320 Speaker 1: smaller vessel, that can take minutes, being thirty minutes, forty minutes, etc. 391 00:24:25,800 --> 00:24:28,639 Speaker 1: And you know, if it's just periphery in your capillarias, 392 00:24:28,680 --> 00:24:31,200 Speaker 1: if you just put pressure on it, you won't die 393 00:24:31,240 --> 00:24:34,640 Speaker 1: at all. Another issue, how much blood do you have 394 00:24:34,720 --> 00:24:37,920 Speaker 1: to lose? Doctor Kennel crowns out of three super bottles, 395 00:24:38,680 --> 00:24:40,600 Speaker 1: how much blood you have to lose to actually die? 396 00:24:40,840 --> 00:24:44,200 Speaker 1: So once you lose about a leader, you're going to 397 00:24:44,280 --> 00:24:46,480 Speaker 1: go into shock and then that's going to cause you 398 00:24:46,520 --> 00:24:50,159 Speaker 1: to go into organ failure. So I think if you 399 00:24:50,320 --> 00:24:54,200 Speaker 1: lose at least one super bottle, as you say, you're 400 00:24:54,359 --> 00:24:58,240 Speaker 1: going to be in trouble. So what really went down 401 00:24:58,400 --> 00:25:01,760 Speaker 1: in this home? And too you are the other two 402 00:25:02,040 --> 00:25:05,280 Speaker 1: perhaps the ones that get away? Take a listen to 403 00:25:05,320 --> 00:25:08,960 Speaker 1: our friends at Channel twelve. Early this morning, police pulled 404 00:25:08,960 --> 00:25:11,840 Speaker 1: over a vehicle on Jimmy Johnson Boulevard. Officers searched it 405 00:25:11,840 --> 00:25:15,159 Speaker 1: and found three loaded semi automatic handguns and an ar 406 00:25:15,240 --> 00:25:19,080 Speaker 1: style rifle. They also recovered ski masks. The suspects face 407 00:25:19,200 --> 00:25:22,160 Speaker 1: a long list of charges. Now what's unclear is whether 408 00:25:22,240 --> 00:25:25,800 Speaker 1: the suspects could be connected to those three crimes earlier 409 00:25:25,840 --> 00:25:27,800 Speaker 1: this week at a house on Eighteenth Street and a 410 00:25:27,880 --> 00:25:30,800 Speaker 1: queen Remember the deadly home invasion, the shooting, the fire, 411 00:25:31,040 --> 00:25:33,520 Speaker 1: all in roughly a day and a half. Detective Mike 412 00:25:33,560 --> 00:25:35,680 Speaker 1: Keebert telling twelve News tonight that the Port Earth Police 413 00:25:35,680 --> 00:25:40,080 Speaker 1: departments Criminal Investigation Divisions detectives are looking into any possible 414 00:25:40,080 --> 00:25:43,399 Speaker 1: connection between the traffic stop and what happened on Eighteenth Street. 415 00:25:43,920 --> 00:25:46,639 Speaker 1: You know, it's always amazing to me how a simple 416 00:25:46,680 --> 00:25:59,439 Speaker 1: traffic stop can catch a killer. Crime stories with Nancy Grace, 417 00:26:00,200 --> 00:26:02,960 Speaker 1: guys were talking about a family minding their own business. 418 00:26:03,040 --> 00:26:05,680 Speaker 1: Mom is followed in. She got three year old and 419 00:26:05,720 --> 00:26:10,040 Speaker 1: five year old child with her mask. Intruders wearing ski 420 00:26:10,080 --> 00:26:15,199 Speaker 1: masks come in, guns loaded. Dad grabs a rifle and 421 00:26:15,480 --> 00:26:18,560 Speaker 1: let's sit rip, killing one of the purpose. The other 422 00:26:18,600 --> 00:26:20,640 Speaker 1: two take off and go on the run. They stay 423 00:26:20,800 --> 00:26:24,640 Speaker 1: gone nearly a week before because of a traffic stop, 424 00:26:25,200 --> 00:26:30,439 Speaker 1: they're pulled over. I mean Wow, that's quite a coincidence, Ken, Belcon. 425 00:26:30,720 --> 00:26:33,959 Speaker 1: They get pulled over and the idiots still have three 426 00:26:33,960 --> 00:26:37,399 Speaker 1: ski masks, have ski masks in the car and weapons. 427 00:26:37,760 --> 00:26:40,760 Speaker 1: Well look, you know, as a mentor of mine once 428 00:26:40,800 --> 00:26:44,440 Speaker 1: called me the fifth pillar of the criminal justice systy. Yes, 429 00:26:44,760 --> 00:26:47,160 Speaker 1: you know, they're not always the brightest. They're not always 430 00:26:47,359 --> 00:26:49,920 Speaker 1: thinking we're planning ahead, or they wouldn't be in situation 431 00:26:50,080 --> 00:26:52,280 Speaker 1: you cut out on me. But what I think you said, Belcon, 432 00:26:52,400 --> 00:26:55,439 Speaker 1: is that most criminals are idiots. Yes, more or lesson 433 00:26:55,760 --> 00:26:58,360 Speaker 1: That's what I'm saying. You know what, I think you're 434 00:26:58,480 --> 00:27:01,919 Speaker 1: probably right, but they're so it's a huge majority of 435 00:27:02,000 --> 00:27:06,720 Speaker 1: criminals that get away. We think we're getting fifty percent, 436 00:27:06,880 --> 00:27:09,879 Speaker 1: sixty percent. In a way, we're not even We're scratching 437 00:27:09,920 --> 00:27:13,320 Speaker 1: the surface of criminals that are apprehended. But for the 438 00:27:13,359 --> 00:27:17,560 Speaker 1: most part, I agree with you, Ken Belkin. Not that smart. 439 00:27:17,680 --> 00:27:21,080 Speaker 1: It's not liking an air Kuel Poirot movie where they're 440 00:27:21,119 --> 00:27:23,920 Speaker 1: so smart that they get away with murder. They're still 441 00:27:24,000 --> 00:27:26,399 Speaker 1: driving around with a ski mask and the guns in 442 00:27:26,520 --> 00:27:30,880 Speaker 1: the car. It'll take one ballistics comparison to figure out 443 00:27:30,920 --> 00:27:35,240 Speaker 1: that the bullets were fired from one of those guns. Here. 444 00:27:35,240 --> 00:27:38,919 Speaker 1: What it's what I think is the real travesty. The 445 00:27:39,040 --> 00:27:43,080 Speaker 1: real travesty, in addition to what the victims went through, 446 00:27:43,680 --> 00:27:47,000 Speaker 1: is that there is a possibility Dad is going to 447 00:27:47,040 --> 00:27:51,560 Speaker 1: be facing murder charges. It's happened before. We take a 448 00:27:51,600 --> 00:27:54,879 Speaker 1: Listen to our friends over at court TV. Dousett, a 449 00:27:55,000 --> 00:27:58,919 Speaker 1: karate instructor, had abducted eleven year old Jodie Plochet several 450 00:27:58,960 --> 00:28:03,720 Speaker 1: weeks earlier and taken him to California. When Jody was 451 00:28:03,800 --> 00:28:07,240 Speaker 1: rescued and returned to his family, his father Gary was 452 00:28:07,320 --> 00:28:11,000 Speaker 1: coping with reports that Dussette had sexually assaulted his son. 453 00:28:12,080 --> 00:28:14,200 Speaker 1: We didn't know what to do. You just feel helpless. 454 00:28:14,240 --> 00:28:16,760 Speaker 1: Ten days later, when the police flew Ducette back to 455 00:28:16,840 --> 00:28:23,240 Speaker 1: face trial, Gary Cloche was waiting with a gun. As 456 00:28:23,240 --> 00:28:26,919 Speaker 1: a suspect came through the airport. I ready my camera, 457 00:28:27,119 --> 00:28:30,199 Speaker 1: raced it up to get a close up shot at him. 458 00:28:30,240 --> 00:28:32,040 Speaker 1: As I got a close up shot, and as he 459 00:28:32,119 --> 00:28:41,240 Speaker 1: got parallel to me, Garry Cloche shoots. That's right, Dad 460 00:28:41,320 --> 00:28:45,400 Speaker 1: guns down the man he suspected I'm molesting his son. Listen, 461 00:28:45,640 --> 00:28:54,120 Speaker 1: Cloche shoots and kills him. Gary Why? Gary? Why? And 462 00:28:54,240 --> 00:28:58,600 Speaker 1: to this day it stands out in my mind, the shooter. 463 00:28:58,880 --> 00:29:02,400 Speaker 1: Gary Ploche says, if it had been your child, you 464 00:29:02,400 --> 00:29:06,160 Speaker 1: would have done the same thing too. Today, Abram McGaugh 465 00:29:06,280 --> 00:29:09,320 Speaker 1: is an assistant US attorney and views that tape through 466 00:29:09,360 --> 00:29:12,120 Speaker 1: the eyes of a federal prosecutor. I would have to 467 00:29:12,160 --> 00:29:14,880 Speaker 1: say the video take was the most ideal witness in 468 00:29:14,880 --> 00:29:18,880 Speaker 1: this case and actually see him take the gun out 469 00:29:18,880 --> 00:29:21,760 Speaker 1: of his boot, pull it up to the shoulder lever 470 00:29:21,840 --> 00:29:27,080 Speaker 1: of Jeff du Sat and pull the trigger and shoot him. 471 00:29:28,840 --> 00:29:32,680 Speaker 1: Yet Clochet, after pleading no contest to manslaughter, got off 472 00:29:32,680 --> 00:29:36,360 Speaker 1: with only five years probation. Would you have done the 473 00:29:36,400 --> 00:29:39,320 Speaker 1: same thing? A lot of parents say yes, He's not 474 00:29:39,360 --> 00:29:40,720 Speaker 1: the only one to take a Listen to our friends 475 00:29:40,760 --> 00:29:45,240 Speaker 1: at Fox ten. For Aaron Latowski, his sole responsibility is 476 00:29:45,320 --> 00:29:48,960 Speaker 1: protecting his wife, three kids, and their nanny. Don't forget 477 00:29:49,000 --> 00:29:52,240 Speaker 1: the family dog, Sadie, who Latowski says alerted him late 478 00:29:52,320 --> 00:29:54,320 Speaker 1: last night to a break in. And so I came 479 00:29:54,320 --> 00:29:56,440 Speaker 1: inside and I saw that one of our side doors 480 00:29:56,480 --> 00:30:01,640 Speaker 1: was open, and she was barking in the hall towards 481 00:30:01,680 --> 00:30:05,720 Speaker 1: my kid's bedrooms. Right away, Latowski says, he grabbed his shotgun. Meanwhile, 482 00:30:05,760 --> 00:30:08,120 Speaker 1: the rest of the family was asleep we never would 483 00:30:08,160 --> 00:30:11,040 Speaker 1: have known. We would have continued to sleep and sleep 484 00:30:11,080 --> 00:30:13,800 Speaker 1: through it. So I'm just so thankful. Letowski went into 485 00:30:13,880 --> 00:30:16,400 Speaker 1: his daughter's room, where he says the suspect came out 486 00:30:16,440 --> 00:30:18,880 Speaker 1: with a large piece of wood, his face mask and 487 00:30:18,960 --> 00:30:23,600 Speaker 1: his body naked. A face mask and completely naked. And 488 00:30:23,720 --> 00:30:28,080 Speaker 1: your little girl's room. Take a listen to Justin Lamb. 489 00:30:28,520 --> 00:30:31,000 Speaker 1: Letowski went into his daughter's room, where he says the 490 00:30:31,080 --> 00:30:33,640 Speaker 1: suspect came out with a large piece of wood, his 491 00:30:33,800 --> 00:30:36,840 Speaker 1: face masked and his body naked. He basically was lunging 492 00:30:36,880 --> 00:30:38,800 Speaker 1: at me, so it was very quick. He had his 493 00:30:38,840 --> 00:30:42,480 Speaker 1: hands in the air. I could see something dark or 494 00:30:42,520 --> 00:30:46,040 Speaker 1: black coming at me, and again it was very very close, 495 00:30:46,200 --> 00:30:49,440 Speaker 1: so I fired almost immediately. Two shots killed the suspect, 496 00:30:49,480 --> 00:30:51,880 Speaker 1: police believed to be an eighteen to nineteen year old man. 497 00:30:52,160 --> 00:30:54,520 Speaker 1: The Latowski said this was the first break in at 498 00:30:54,520 --> 00:30:57,280 Speaker 1: their home, but they have always been prepared. God bless 499 00:30:57,360 --> 00:31:00,200 Speaker 1: America and the Second Amendment. I'm glad we're I was 500 00:31:00,240 --> 00:31:03,960 Speaker 1: able to protect my family. God bless the police for 501 00:31:04,080 --> 00:31:08,000 Speaker 1: coming so quick to take care of us. It's amazing 502 00:31:08,000 --> 00:31:11,240 Speaker 1: to me that anyone could even consider putting these cases 503 00:31:11,280 --> 00:31:15,640 Speaker 1: to a grand jury. But it happens. Listen to our 504 00:31:15,640 --> 00:31:19,479 Speaker 1: friends at ABC News. A frantic father called nine one 505 00:31:20,200 --> 00:31:24,000 Speaker 1: after finding a farm hand. He sues Flores allegedly sexually 506 00:31:24,040 --> 00:31:27,960 Speaker 1: assaulting his little girl. The Lavaca County District Attorney's office 507 00:31:28,240 --> 00:31:44,960 Speaker 1: released the dramatic call. Okay, the nine one on the 508 00:31:45,000 --> 00:31:47,480 Speaker 1: audio is just part of the evidence presented to a 509 00:31:47,560 --> 00:31:51,280 Speaker 1: Lavaca County grand jury who chose not to indict the father. 510 00:31:51,760 --> 00:31:55,440 Speaker 1: District Attorney Heather mcmihn tells us why and under the 511 00:31:55,520 --> 00:31:58,520 Speaker 1: law in the state of Texas, deadly fourth force is 512 00:31:58,600 --> 00:32:02,000 Speaker 1: authorized and justify in order to stop and aggravated sexual 513 00:32:02,000 --> 00:32:05,320 Speaker 1: assault or a sexual assault. All the evidence that was 514 00:32:05,400 --> 00:32:08,920 Speaker 1: presented by the Sheriff's department and by the Texas Rangers 515 00:32:08,920 --> 00:32:11,880 Speaker 1: indicated that that was in fact what was occurring when 516 00:32:11,880 --> 00:32:15,240 Speaker 1: the victim's father arrived at the scene. Did you hear 517 00:32:15,280 --> 00:32:20,240 Speaker 1: that this father finds a man raping his five year 518 00:32:20,320 --> 00:32:23,560 Speaker 1: old little girl, beats him to death, and then the 519 00:32:23,640 --> 00:32:28,480 Speaker 1: father's case is sent to a grand jury. Luckily, the 520 00:32:28,520 --> 00:32:31,160 Speaker 1: grand jury had enough sense not to indict. But listen 521 00:32:31,160 --> 00:32:35,000 Speaker 1: to this for neighbor Michael Vay to the decision not 522 00:32:35,120 --> 00:32:38,040 Speaker 1: to indict, It wasn't surprising. He grew up with a 523 00:32:38,120 --> 00:32:41,600 Speaker 1: young man who went to school with my kids. Great guy, 524 00:32:41,680 --> 00:32:44,000 Speaker 1: I mean, calls me mister Weiss, yes or no, Sarah 525 00:32:44,040 --> 00:32:47,080 Speaker 1: will manor kid. Prosecutors say, you can hear the young 526 00:32:47,200 --> 00:32:49,920 Speaker 1: father trying to say Flora as in the nine one 527 00:32:50,040 --> 00:32:58,600 Speaker 1: one audio. I don't know the man, dival man, I'm 528 00:32:58,600 --> 00:33:06,360 Speaker 1: a tomb. They hopes his neighbor's family can now recover 529 00:33:06,960 --> 00:33:09,720 Speaker 1: my man actually lost his life. It's sad, but I 530 00:33:09,800 --> 00:33:12,880 Speaker 1: think justice was served that day that grand jury did 531 00:33:12,920 --> 00:33:17,160 Speaker 1: not indict. But that is not true for every dad 532 00:33:17,280 --> 00:33:21,640 Speaker 1: that takes action. Take a listen to NBC fifteen mobile. 533 00:33:22,120 --> 00:33:25,360 Speaker 1: A defense lawyer says authorities are overreacting with a murder 534 00:33:25,440 --> 00:33:29,280 Speaker 1: charge against a Coleman County man charging killing his daughter's 535 00:33:29,400 --> 00:33:33,000 Speaker 1: sexual abuser. Forty one year old Jay Mayner is charged 536 00:33:33,000 --> 00:33:35,840 Speaker 1: with the shooting death of fifty nine year old Raymond 537 00:33:35,840 --> 00:33:39,680 Speaker 1: Earld Brooks. The family says that Brooks was sexually abusing 538 00:33:39,720 --> 00:33:42,760 Speaker 1: Maynard's daughter, who is now speaking out about the incident. 539 00:33:43,400 --> 00:33:45,480 Speaker 1: I was so so young. I don't remember when it started, 540 00:33:46,000 --> 00:33:50,480 Speaker 1: but when I finally told someone I was eight, for 541 00:33:50,520 --> 00:33:52,719 Speaker 1: the first time in my life. I do not feel scared. 542 00:33:53,800 --> 00:33:55,960 Speaker 1: For the first time in my life. I do not 543 00:33:56,040 --> 00:34:00,760 Speaker 1: wake up feeling fear. Coleman County investigators couldn't confirm whether 544 00:34:00,800 --> 00:34:03,320 Speaker 1: the two thousand and two sex abuse case had any 545 00:34:03,320 --> 00:34:06,760 Speaker 1: connection to the shooting, but Brooks was a registered sex offender. 546 00:34:07,000 --> 00:34:10,080 Speaker 1: The Coleman County Sheriff's Office reports Jay Mayner will be 547 00:34:10,239 --> 00:34:14,000 Speaker 1: charged with first degree murder, attempted murder, and shooting into 548 00:34:14,040 --> 00:34:18,880 Speaker 1: an occupied dwelling. We can only hope that the father 549 00:34:19,160 --> 00:34:22,560 Speaker 1: in this case that we are covering today out of 550 00:34:22,600 --> 00:34:28,840 Speaker 1: Port Arthur, Texas, is not charged. The phrase vigilante dad 551 00:34:28,960 --> 00:34:34,040 Speaker 1: is being thrown around recklessly, but this father should be 552 00:34:34,080 --> 00:34:39,239 Speaker 1: applauded for protecting his family. We wait as justice unfolds. 553 00:34:39,719 --> 00:34:42,640 Speaker 1: Nancy Grace crime story signing off Goodbye friend.