1 00:00:02,279 --> 00:00:06,440 Speaker 1: Hey, they're folks. Welcome to Amy and TJ Presents. And 2 00:00:06,600 --> 00:00:12,119 Speaker 1: today a man in Indiana shot and killed a woman 3 00:00:12,560 --> 00:00:16,240 Speaker 1: who had shown up to his house just to clean 4 00:00:16,760 --> 00:00:21,160 Speaker 1: the house. He has yes been charged, but he has 5 00:00:21,520 --> 00:00:26,240 Speaker 1: a defense, folks, stand your ground. And with that, welcome 6 00:00:26,239 --> 00:00:29,040 Speaker 1: to this episode of Amy and TJ Presents. DJ Holmes 7 00:00:29,080 --> 00:00:31,760 Speaker 1: here alongside Amy roboch Robes. This is going to be 8 00:00:32,200 --> 00:00:36,479 Speaker 1: another case that we have these stand your ground laws 9 00:00:36,600 --> 00:00:38,600 Speaker 1: getting national attention. 10 00:00:38,840 --> 00:00:39,040 Speaker 2: Yes. 11 00:00:39,120 --> 00:00:42,360 Speaker 3: And the concern is that sometimes these laws a lot 12 00:00:42,400 --> 00:00:47,239 Speaker 3: of folks believe make homeowners especially feel like they have 13 00:00:47,400 --> 00:00:54,520 Speaker 3: the right to defend their property, their family with deadly force, 14 00:00:55,200 --> 00:00:57,360 Speaker 3: no matter what, and that just isn't the case. 15 00:00:57,560 --> 00:00:59,840 Speaker 1: And some try to interpret the law just as what 16 00:00:59,880 --> 00:01:03,480 Speaker 1: you said, I can defend my home no matter what, 17 00:01:03,600 --> 00:01:06,720 Speaker 1: with deadly force. And this is a case Robes that 18 00:01:06,760 --> 00:01:10,959 Speaker 1: I think we're going to have some tricky, tricky legal questions. 19 00:01:11,000 --> 00:01:13,959 Speaker 1: This story comes to us out of Indiana, outside of Indianapolis, 20 00:01:14,959 --> 00:01:17,960 Speaker 1: a town is called, of all things, White's Town. Do 21 00:01:18,040 --> 00:01:18,560 Speaker 1: I have that right? 22 00:01:18,680 --> 00:01:20,920 Speaker 2: Yeah, you do. It's called Whitewn. 23 00:01:20,520 --> 00:01:25,160 Speaker 1: Whitestown, a suburb of Indianapolis. But this is on November fifth, 24 00:01:25,160 --> 00:01:27,480 Speaker 1: that a woman showed up to a home with her 25 00:01:27,560 --> 00:01:30,679 Speaker 1: husband cleaning crew. They're trying to open the door to 26 00:01:30,760 --> 00:01:34,039 Speaker 1: get into this home. Just before seven am. Shot rings out. 27 00:01:34,319 --> 00:01:38,720 Speaker 1: Homeowner inside awakened, startled, didn't know what was happening at 28 00:01:38,720 --> 00:01:42,160 Speaker 1: the front door. He claims, shot once through the door, 29 00:01:42,600 --> 00:01:44,760 Speaker 1: killing this thirty two year old woman who was there 30 00:01:45,240 --> 00:01:47,480 Speaker 1: with her husband to clean the house. It turns up 31 00:01:47,760 --> 00:01:52,240 Speaker 1: robes she had arrived at the wrong address. Those are 32 00:01:52,320 --> 00:01:55,120 Speaker 1: the facts of the case, and this is where after that, 33 00:01:55,400 --> 00:01:59,440 Speaker 1: everybody has their own interpretation of what did happen, might 34 00:01:59,440 --> 00:02:01,040 Speaker 1: have happened, should have happened. 35 00:02:01,160 --> 00:02:04,160 Speaker 3: Yes, so the man who owned the home, sixty two 36 00:02:04,280 --> 00:02:07,880 Speaker 3: year old Kurt Anderson. By the way, he's now facing 37 00:02:07,920 --> 00:02:11,119 Speaker 3: ten to thirty years behind bars, ten thousand dollars fine 38 00:02:11,200 --> 00:02:14,440 Speaker 3: if convicted. But yeah, he says that he was awakened 39 00:02:14,639 --> 00:02:19,280 Speaker 3: and neither both of these accounts agree that the house 40 00:02:19,320 --> 00:02:21,680 Speaker 3: cleaner and her husband were there on the porch for 41 00:02:21,760 --> 00:02:25,880 Speaker 3: around a minute. So he says he heard loud clanking 42 00:02:25,919 --> 00:02:29,880 Speaker 3: sound and that would presumably be the house cleaner going 43 00:02:29,919 --> 00:02:32,000 Speaker 3: through the keys, the set of keys that her cleaning 44 00:02:32,000 --> 00:02:34,440 Speaker 3: company gave her to open the door. She thought she 45 00:02:34,480 --> 00:02:37,720 Speaker 3: and her husband believed they were walking into a model home. 46 00:02:38,040 --> 00:02:41,120 Speaker 3: They didn't think anybody was inside, They didn't think anyone 47 00:02:41,240 --> 00:02:44,240 Speaker 3: lived there. They thought this was just an empty home 48 00:02:44,320 --> 00:02:47,280 Speaker 3: they were cleaning to be shown shortly, so they didn't 49 00:02:47,320 --> 00:02:49,800 Speaker 3: ring the doorbell, they didn't knock on the door. She 50 00:02:49,919 --> 00:02:52,480 Speaker 3: immediately was looking for the right key, and of course 51 00:02:52,480 --> 00:02:54,680 Speaker 3: she puts the key in. It's the wrong house, so 52 00:02:54,800 --> 00:02:57,600 Speaker 3: it doesn't work. So I'm sure it made some clanking noise. 53 00:02:58,080 --> 00:03:02,040 Speaker 3: But in that short period of time, he went, according 54 00:03:02,040 --> 00:03:03,560 Speaker 3: to him, to go get his gun. 55 00:03:03,720 --> 00:03:04,239 Speaker 2: He loaded. 56 00:03:04,360 --> 00:03:07,079 Speaker 3: He said he bought it specifically to defend his property, 57 00:03:07,560 --> 00:03:12,800 Speaker 3: and without saying anything, shouting anything, calling anyone, he fired 58 00:03:13,160 --> 00:03:16,240 Speaker 3: through that front door. He and his wife never opened 59 00:03:16,240 --> 00:03:18,480 Speaker 3: the front door, according to them, and she just called 60 00:03:18,560 --> 00:03:19,239 Speaker 3: nine one one. 61 00:03:19,760 --> 00:03:22,560 Speaker 1: Police found the woman on the front porch. He never 62 00:03:22,600 --> 00:03:24,040 Speaker 1: even went outside to see what was going on. A 63 00:03:24,560 --> 00:03:28,640 Speaker 1: check fired through the door. So here in lies the 64 00:03:28,720 --> 00:03:34,800 Speaker 1: problem with this case. Robes it did he would you 65 00:03:36,720 --> 00:03:38,360 Speaker 1: in the middle of the No, it's not the middle 66 00:03:38,400 --> 00:03:40,120 Speaker 1: of the night, it's almost seven in the morning. But 67 00:03:40,240 --> 00:03:43,240 Speaker 1: let's say you don't wake up till nine whatever. You're asleep, 68 00:03:43,720 --> 00:03:47,040 Speaker 1: you hear someone trying to get in through your front door. 69 00:03:47,160 --> 00:03:52,160 Speaker 1: Do you have a reasonable fear for your life? And 70 00:03:52,240 --> 00:03:56,000 Speaker 1: if you do, then a jury could possibly down the 71 00:03:56,040 --> 00:03:59,880 Speaker 1: road say, yeah, he was justified in firing that shot. 72 00:04:00,120 --> 00:04:04,000 Speaker 1: That is going to be the central point of this case. Now, 73 00:04:04,280 --> 00:04:05,200 Speaker 1: is that reasonable? 74 00:04:05,320 --> 00:04:06,120 Speaker 2: I don't think it is. 75 00:04:06,480 --> 00:04:07,440 Speaker 1: Prosecutor doesn't either. 76 00:04:07,480 --> 00:04:09,560 Speaker 3: I don't think it's reasonable at all. There are plenty 77 00:04:09,600 --> 00:04:12,240 Speaker 3: of other options you had. They hadn't come into the home. Now, 78 00:04:12,280 --> 00:04:14,920 Speaker 3: if they had opened the door, even if all the 79 00:04:14,920 --> 00:04:17,560 Speaker 3: same circumstances were the same, somehow they were able to 80 00:04:17,600 --> 00:04:20,440 Speaker 3: open the door and they walked in, that's scary as hell. 81 00:04:20,880 --> 00:04:25,080 Speaker 3: I could I could understand that from a legal standpoint, 82 00:04:25,320 --> 00:04:26,479 Speaker 3: but they never were. 83 00:04:26,320 --> 00:04:26,920 Speaker 2: In your home. 84 00:04:27,000 --> 00:04:29,560 Speaker 3: And just because someone is on your front porch, and 85 00:04:29,720 --> 00:04:33,080 Speaker 3: even if they're messing with the lock or seemingly trying 86 00:04:33,120 --> 00:04:35,680 Speaker 3: to get in, that doesn't give you the right to 87 00:04:35,800 --> 00:04:38,480 Speaker 3: use deadly force without even shouting out or asking a. 88 00:04:38,480 --> 00:04:41,560 Speaker 2: Question, who's there? What are you doing? You know, there 89 00:04:41,600 --> 00:04:44,320 Speaker 2: could have been some kind of communication before a shot 90 00:04:44,440 --> 00:04:44,960 Speaker 2: was fired. 91 00:04:45,640 --> 00:04:50,120 Speaker 1: Was the the it was daylight probably seven am in November, right, yes, yeah, 92 00:04:50,120 --> 00:04:53,599 Speaker 1: in Indiana, Indiana, YEP. I don't know that that's going 93 00:04:53,640 --> 00:04:57,039 Speaker 1: to be the center point, the centerpiece of his defense 94 00:04:57,320 --> 00:05:00,640 Speaker 1: is that if I am sleep and somebody, in my 95 00:05:00,880 --> 00:05:04,400 Speaker 1: estimation is trying to get into my home, why should 96 00:05:04,440 --> 00:05:06,479 Speaker 1: I not fear for my life? You talked about the 97 00:05:06,560 --> 00:05:13,160 Speaker 1: door opening even then, like he might have a better case, 98 00:05:13,680 --> 00:05:15,960 Speaker 1: But still, for most of us, what are you allowed 99 00:05:16,000 --> 00:05:18,480 Speaker 1: to do? What can you fear? We've seen police officers 100 00:05:18,800 --> 00:05:21,960 Speaker 1: use a justification I was scared for my life and 101 00:05:22,040 --> 00:05:25,080 Speaker 1: some of those we've seen some police officers walk right 102 00:05:25,120 --> 00:05:28,600 Speaker 1: out of court free men, Like what because they are 103 00:05:28,720 --> 00:05:31,240 Speaker 1: able to explain that I feared for my life? Is 104 00:05:31,279 --> 00:05:34,080 Speaker 1: he going to be able to explain that this was reasonable? 105 00:05:34,920 --> 00:05:37,719 Speaker 1: Is that enough? What should he have done? Does he 106 00:05:37,800 --> 00:05:40,200 Speaker 1: have to do anything? And we talked about this as well, 107 00:05:40,240 --> 00:05:43,240 Speaker 1: you and I bro there are exceptions made. You can't 108 00:05:43,279 --> 00:05:46,240 Speaker 1: just shoot the ups guy because you heard somebody on 109 00:05:46,279 --> 00:05:48,520 Speaker 1: your front porch, didn't look to see who it was, 110 00:05:48,600 --> 00:05:50,520 Speaker 1: and you just went pop pop pop. You can't do that. 111 00:05:50,640 --> 00:05:51,120 Speaker 3: You can't. 112 00:05:51,480 --> 00:05:55,480 Speaker 1: Yeah, your porch is different from the inside of your house. 113 00:05:55,880 --> 00:06:01,200 Speaker 1: Now we have expanded these castle doctrine law stand your 114 00:06:01,200 --> 00:06:04,280 Speaker 1: ground laws. Castle doctrine is you come into my house, 115 00:06:04,320 --> 00:06:07,320 Speaker 1: I can shoot you. Stand your ground is different. 116 00:06:07,440 --> 00:06:08,440 Speaker 2: It can be anywhere. 117 00:06:08,720 --> 00:06:11,320 Speaker 3: You can be anywhere that you are reasonably or you 118 00:06:11,360 --> 00:06:14,080 Speaker 3: should be able to consider yourself reasonably safe to be. 119 00:06:14,240 --> 00:06:16,320 Speaker 3: And you don't have to retreat. You don't have to 120 00:06:16,440 --> 00:06:19,680 Speaker 3: run from whatever perceived danger you have. You have the 121 00:06:19,760 --> 00:06:23,400 Speaker 3: right to stand your ground wherever you are and protect 122 00:06:23,440 --> 00:06:24,440 Speaker 3: and defend yourself. 123 00:06:25,040 --> 00:06:28,200 Speaker 1: I think the key here is going to be the keys, right, 124 00:06:28,279 --> 00:06:33,160 Speaker 1: somebody's on your front porch, You don't shoot, you actually think, 125 00:06:33,880 --> 00:06:37,120 Speaker 1: and you hear someone messing with the lock, messing with 126 00:06:37,200 --> 00:06:40,760 Speaker 1: the door trying to get in, what is your reasonable fear? Then? 127 00:06:40,839 --> 00:06:44,920 Speaker 1: If you don't have family, friends, kids, nobody's come into 128 00:06:44,920 --> 00:06:46,799 Speaker 1: this house, you be trying to get into this door, 129 00:06:47,200 --> 00:06:50,000 Speaker 1: and if they are, they must mean me harm. Is 130 00:06:50,040 --> 00:06:50,960 Speaker 1: that reasonable? 131 00:06:51,279 --> 00:06:53,840 Speaker 3: I don't think so, because there are still a number 132 00:06:53,839 --> 00:06:58,600 Speaker 3: of other possible explanations this one. Yes, maybe he couldn't 133 00:06:58,600 --> 00:07:00,480 Speaker 3: have come up with it because he didn't asked for 134 00:07:00,560 --> 00:07:02,359 Speaker 3: a house cleaner to come to up. 135 00:07:02,400 --> 00:07:03,920 Speaker 2: He would never have thought that was the case. 136 00:07:04,160 --> 00:07:07,159 Speaker 3: However, you don't know what someone's intentions are. You don't 137 00:07:07,200 --> 00:07:09,960 Speaker 3: know why they're there, and if they're there to rob 138 00:07:10,000 --> 00:07:11,640 Speaker 3: you that he didn't know if they were armed, he 139 00:07:11,680 --> 00:07:14,920 Speaker 3: didn't know if they meant him harm. And I actually 140 00:07:14,960 --> 00:07:17,440 Speaker 3: appreciate the way the prosecutor put it. He said that 141 00:07:18,040 --> 00:07:22,000 Speaker 3: he didn't have enough information to know whether or not 142 00:07:22,320 --> 00:07:28,120 Speaker 3: the action he took was reasonable, so he acted without information. 143 00:07:28,200 --> 00:07:30,840 Speaker 3: He acted with emotion, not with information. 144 00:07:31,280 --> 00:07:34,320 Speaker 1: And here is where you would push back in court 145 00:07:34,760 --> 00:07:39,800 Speaker 1: on that. The law does not require me to have 146 00:07:39,920 --> 00:07:42,760 Speaker 1: all the information. It only says I can have a 147 00:07:42,800 --> 00:07:48,800 Speaker 1: reasonable fear for my life. This is my home, and 148 00:07:48,880 --> 00:07:51,960 Speaker 1: there is no chance robes at any of our homes 149 00:07:52,000 --> 00:07:54,720 Speaker 1: we've ever lived in that at if we're wakened in 150 00:07:54,720 --> 00:07:56,480 Speaker 1: the middle of the night or while we're sleeping, and 151 00:07:56,680 --> 00:07:58,920 Speaker 1: you are not going to think, hmm, I wont of 152 00:07:59,000 --> 00:08:01,120 Speaker 1: this person's at the right house. You're not gonna think, hmm, 153 00:08:01,440 --> 00:08:03,680 Speaker 1: I wonder what mistake this is? Good bit could have 154 00:08:03,680 --> 00:08:03,920 Speaker 1: been made. 155 00:08:04,000 --> 00:08:04,240 Speaker 3: Let me go. 156 00:08:04,520 --> 00:08:07,720 Speaker 1: You're gonna think somebody's here to do me harm. And 157 00:08:07,760 --> 00:08:10,320 Speaker 1: so is that enough? I don't have that answer. Legally. 158 00:08:10,400 --> 00:08:13,160 Speaker 3: I think it's enough to react, to call out, to 159 00:08:13,280 --> 00:08:16,160 Speaker 3: say who's there, to grab your cell phone, to call 160 00:08:16,240 --> 00:08:19,520 Speaker 3: nine to one one. All of those things are more 161 00:08:19,600 --> 00:08:22,480 Speaker 3: reasonable than the choice he made to load a gun 162 00:08:22,680 --> 00:08:25,880 Speaker 3: and shoot without looking. There could have been a child 163 00:08:26,320 --> 00:08:28,760 Speaker 3: up there, There could have been anyone on that porch. 164 00:08:29,320 --> 00:08:32,600 Speaker 3: He did not know, and he fired without knowing, and 165 00:08:32,640 --> 00:08:34,200 Speaker 3: he knew he didn't know. 166 00:08:34,720 --> 00:08:39,880 Speaker 1: But is that what the law requires me to gather information? 167 00:08:40,960 --> 00:08:43,720 Speaker 1: Or does it only give me the right if somebody's 168 00:08:43,800 --> 00:08:47,800 Speaker 1: here uninvited for me to shoot that person and use 169 00:08:47,840 --> 00:08:50,920 Speaker 1: deadly forced That is when I am fascinated to hear, 170 00:08:50,960 --> 00:08:52,920 Speaker 1: because I'm putting we all have to put ourselves in 171 00:08:52,920 --> 00:08:57,920 Speaker 1: the position of this homeowner. Yeah, you'd be terrified. 172 00:08:58,120 --> 00:08:59,600 Speaker 2: Oh, yes, scared. 173 00:09:00,280 --> 00:09:03,920 Speaker 1: My first thought, I think is not to shoot, because 174 00:09:03,960 --> 00:09:05,800 Speaker 1: I don't want to kill somebody. I mean, that's just 175 00:09:05,880 --> 00:09:08,400 Speaker 1: your nature. You might go, you might yell, you might 176 00:09:08,440 --> 00:09:11,640 Speaker 1: throw something at the door, bang, do something, call nine 177 00:09:11,679 --> 00:09:12,120 Speaker 1: one one. 178 00:09:12,720 --> 00:09:15,400 Speaker 3: I mean, look, I could understand pointing the gun at 179 00:09:15,400 --> 00:09:17,600 Speaker 3: the door, having your cell phone on the other hand, 180 00:09:17,920 --> 00:09:20,280 Speaker 3: yelling I have a gun, I am going to shoot, 181 00:09:20,640 --> 00:09:21,760 Speaker 3: and then calling nine one one. 182 00:09:21,800 --> 00:09:22,240 Speaker 1: Do I have it? 183 00:09:22,320 --> 00:09:22,440 Speaker 3: Right? 184 00:09:22,480 --> 00:09:25,280 Speaker 1: So where's that's right? He saw through the window, he 185 00:09:25,320 --> 00:09:26,240 Speaker 1: saw who was out there. 186 00:09:26,440 --> 00:09:28,560 Speaker 3: He went and he looked around the window. He could 187 00:09:28,559 --> 00:09:30,400 Speaker 3: see from the top of his stairs through the window, 188 00:09:30,440 --> 00:09:33,000 Speaker 3: he could see that there were two people there. And 189 00:09:33,080 --> 00:09:34,960 Speaker 3: that's when he decided to shoot. 190 00:09:36,679 --> 00:09:40,360 Speaker 1: Okay, he saw two people, does that necessarily mean he 191 00:09:40,440 --> 00:09:42,240 Speaker 1: saw exactly who it was that they seemed to be 192 00:09:42,280 --> 00:09:44,360 Speaker 1: a threat at that time of morning. We just don't 193 00:09:44,400 --> 00:09:48,240 Speaker 1: know that part this is and you're seeing some legal 194 00:09:48,280 --> 00:09:51,280 Speaker 1: debates already start on this one. This is going to 195 00:09:51,360 --> 00:09:57,240 Speaker 1: be a very very difficult case Robes because I think now, 196 00:09:57,280 --> 00:09:59,720 Speaker 1: and I'm asking about it here, so I've said it 197 00:09:59,720 --> 00:10:03,160 Speaker 1: several times here. Just you as a homeowner putting yourself 198 00:10:03,200 --> 00:10:06,320 Speaker 1: in the position of you are to sleep at night 199 00:10:06,840 --> 00:10:09,839 Speaker 1: and you hear someone trying to open your door that 200 00:10:09,880 --> 00:10:12,400 Speaker 1: you know no one should be trying to open it. 201 00:10:12,840 --> 00:10:16,400 Speaker 1: That is fear. I am with you though that I 202 00:10:16,440 --> 00:10:19,680 Speaker 1: wouldn't have such a fear of life that I might 203 00:10:19,760 --> 00:10:24,280 Speaker 1: just start shooting blindly. But does the law allow him 204 00:10:24,360 --> 00:10:24,960 Speaker 1: to do it? 205 00:10:25,080 --> 00:10:29,640 Speaker 3: So, according to an Indiana legal expert, acting out of 206 00:10:29,720 --> 00:10:33,840 Speaker 3: fear is not enough to invoke stand your ground. When 207 00:10:33,840 --> 00:10:35,440 Speaker 3: we come back, we're going to talk about what some 208 00:10:35,559 --> 00:10:39,760 Speaker 3: legal experts have said their interpretation of this law in 209 00:10:39,760 --> 00:10:43,760 Speaker 3: Indiana is. And certainly these laws vary state by state, 210 00:10:43,960 --> 00:10:47,480 Speaker 3: and we have some very recent and some very high 211 00:10:47,520 --> 00:10:54,360 Speaker 3: profile examples of cases similar to this and different juries, 212 00:10:55,480 --> 00:11:06,199 Speaker 3: different prosecutors made different choices in how to pursue charge 213 00:11:01,360 --> 00:11:12,840 Speaker 3: and continuing now on Amy and TJ presents this is 214 00:11:13,120 --> 00:11:16,400 Speaker 3: a legal issue that we have been talking about for 215 00:11:16,679 --> 00:11:21,160 Speaker 3: years and in this latest case out of Indiana certainly 216 00:11:21,920 --> 00:11:26,280 Speaker 3: ended in a tragic, tragic death of a mother of four, 217 00:11:26,400 --> 00:11:29,960 Speaker 3: a Guatemalan immigrant who literally died in the arms of 218 00:11:30,000 --> 00:11:33,880 Speaker 3: her husband trying to open a door with a key 219 00:11:34,440 --> 00:11:38,040 Speaker 3: to the wrong house, to the wrong door to go 220 00:11:38,080 --> 00:11:40,839 Speaker 3: to work. She was trying to clean a home along 221 00:11:40,840 --> 00:11:42,880 Speaker 3: with her husband. She was sent there as a part 222 00:11:42,880 --> 00:11:46,640 Speaker 3: of a cleaning crew and just before seven am died 223 00:11:46,720 --> 00:11:49,720 Speaker 3: with a single bullet to the head. The homeowner said 224 00:11:49,720 --> 00:11:53,400 Speaker 3: he feared for his life. Now, look, this is up 225 00:11:53,440 --> 00:11:58,160 Speaker 3: for debate. It's a gray area. This law in thirty 226 00:11:58,160 --> 00:12:02,680 Speaker 3: one states, including Indiana's standard round law, gets interpreted differently 227 00:12:02,720 --> 00:12:05,800 Speaker 3: by different folks, and it's caused a lot of confusion 228 00:12:05,840 --> 00:12:09,520 Speaker 3: and problems and certainly led to some very tragic, high 229 00:12:09,520 --> 00:12:10,280 Speaker 3: profile cases. 230 00:12:10,320 --> 00:12:12,319 Speaker 1: That has to be the trayvon Martin is the most 231 00:12:12,840 --> 00:12:15,400 Speaker 1: the biggest standout case, because I think that's when a 232 00:12:15,440 --> 00:12:19,080 Speaker 1: lot of people first heard about it and first understood wait, 233 00:12:19,080 --> 00:12:22,400 Speaker 1: wait a second, wait, wait, wait, what we couldn't believe 234 00:12:23,520 --> 00:12:28,559 Speaker 1: that that law defended a man who killed a teenager 235 00:12:28,760 --> 00:12:33,600 Speaker 1: seventeen year old kids skittles in his pocket. The law defended. 236 00:12:33,520 --> 00:12:35,000 Speaker 2: Him because he was afraid. 237 00:12:35,440 --> 00:12:39,880 Speaker 1: So when you talk to me about this story at Indiana, 238 00:12:39,920 --> 00:12:43,680 Speaker 1: after that experience, every standard ground case I hear, I think, well, 239 00:12:43,720 --> 00:12:44,559 Speaker 1: maybe they got a. 240 00:12:44,480 --> 00:12:48,040 Speaker 3: Shot exactly because of what happened in the Trayvon Martin 241 00:12:48,120 --> 00:12:51,040 Speaker 3: George Zimmerman case. That flew in the face of what 242 00:12:51,120 --> 00:12:53,960 Speaker 3: a lot of folks thought the standard ground law was. 243 00:12:54,040 --> 00:12:58,000 Speaker 3: Because yes, this Indiana legal expert said, acting out of 244 00:12:58,080 --> 00:13:00,120 Speaker 3: fear is not enough to stand to invoke the ed 245 00:13:00,160 --> 00:13:02,520 Speaker 3: your ground. That flies in the face of the verdict 246 00:13:03,320 --> 00:13:04,599 Speaker 3: of George Zimmermann. 247 00:13:04,800 --> 00:13:07,120 Speaker 1: Reasonable then they use that word allow. You had to 248 00:13:07,160 --> 00:13:10,240 Speaker 1: have a reasonable person would have a reasonable fear in 249 00:13:10,280 --> 00:13:13,600 Speaker 1: those moments. They say fear is not enough. But if 250 00:13:13,640 --> 00:13:16,080 Speaker 1: you have the reasonable expectation that you are going to 251 00:13:16,080 --> 00:13:19,439 Speaker 1: be harmed, you have the right to not retreat, even 252 00:13:19,520 --> 00:13:22,480 Speaker 1: if retreating is an option, is what the laws say. 253 00:13:22,640 --> 00:13:25,840 Speaker 1: Even if you have an exit, you have no obligation 254 00:13:25,960 --> 00:13:29,720 Speaker 1: to run. If you think that death or bodiling injury 255 00:13:29,880 --> 00:13:33,000 Speaker 1: is imminent to you or somebody around you, Imminent is 256 00:13:33,040 --> 00:13:36,640 Speaker 1: a big deal. I think in the issue in Indiana, 257 00:13:36,720 --> 00:13:39,000 Speaker 1: I don't know how he's going. I think in every 258 00:13:39,040 --> 00:13:43,080 Speaker 1: standard ground law, imminent is a key component. How could 259 00:13:43,080 --> 00:13:46,360 Speaker 1: he make an argument that fear of bodily injury or 260 00:13:46,440 --> 00:13:48,640 Speaker 1: death was imminent With somebody on the other side of 261 00:13:48,640 --> 00:13:49,080 Speaker 1: the damn. 262 00:13:48,960 --> 00:13:52,600 Speaker 3: Door, someone trying to insert a key, or someone who 263 00:13:52,679 --> 00:13:55,880 Speaker 3: is rattling your door or trying to get it, that's 264 00:13:55,920 --> 00:13:59,160 Speaker 3: still not an unlawful entry. Once they if they had 265 00:13:59,360 --> 00:14:03,360 Speaker 3: entered his home home, he would have had a much 266 00:14:03,360 --> 00:14:04,160 Speaker 3: stronger case. 267 00:14:04,240 --> 00:14:05,000 Speaker 2: But they didn't. 268 00:14:05,040 --> 00:14:07,360 Speaker 3: They were on the porch and they couldn't get in. 269 00:14:08,679 --> 00:14:12,880 Speaker 3: It's reasonable to be scared. It's reasonable to call police. 270 00:14:13,040 --> 00:14:15,959 Speaker 3: It's reasonable to shout out, who's there, I have a gun. 271 00:14:16,280 --> 00:14:18,719 Speaker 2: Leave my porch. Now. The point with the law is. 272 00:14:18,800 --> 00:14:23,480 Speaker 3: You are expected to at least acknowledge or say leave 273 00:14:23,560 --> 00:14:25,920 Speaker 3: my property. Anyone can come on to your porch. Just 274 00:14:25,920 --> 00:14:31,760 Speaker 3: because you have private property doesn't mean that people uninvited 275 00:14:31,760 --> 00:14:35,240 Speaker 3: people can't enter your property. I mean you mentioned it, 276 00:14:35,280 --> 00:14:39,680 Speaker 3: pizza delivery, amazones, whatever, your neighbor who needs to borrow 277 00:14:39,720 --> 00:14:43,960 Speaker 3: a couple of whatever. Anyone can go and walk onto 278 00:14:44,000 --> 00:14:49,400 Speaker 3: your private property up until your porch and feel reasonably 279 00:14:49,440 --> 00:14:51,440 Speaker 3: secure that they can do so, they legally have a 280 00:14:51,520 --> 00:14:54,880 Speaker 3: right to you. Then can say get off my property, 281 00:14:54,960 --> 00:14:57,280 Speaker 3: get off my porch, leave now. 282 00:14:57,680 --> 00:14:58,640 Speaker 2: That is your right. 283 00:14:58,720 --> 00:15:01,680 Speaker 3: And once you've done that and made that acknowledgment, then 284 00:15:01,760 --> 00:15:05,800 Speaker 3: perhaps other factors can come in. But he never ever 285 00:15:06,000 --> 00:15:10,200 Speaker 3: acknowledged or said anything. And the husband who was there 286 00:15:10,200 --> 00:15:12,880 Speaker 3: on the porch said they didn't hear a peep from 287 00:15:12,960 --> 00:15:15,160 Speaker 3: inside the house. They truly did not think anyone. 288 00:15:15,520 --> 00:15:17,280 Speaker 1: They fired it from upstairs, right, Yes, he didn't even 289 00:15:17,280 --> 00:15:18,600 Speaker 1: go downstairs. 290 00:15:18,440 --> 00:15:22,880 Speaker 3: Didn't see what was going on, and that is what's unreasonable. 291 00:15:23,320 --> 00:15:26,400 Speaker 3: He had other options to assess what was going on. 292 00:15:26,840 --> 00:15:29,840 Speaker 3: He chose not to use them and went straight to 293 00:15:29,880 --> 00:15:30,560 Speaker 3: deadly force. 294 00:15:30,800 --> 00:15:33,560 Speaker 1: I don't I mean, that's the argument about stands your ground. 295 00:15:33,600 --> 00:15:36,400 Speaker 1: Somebody could if somebody's running towards you with a fly 296 00:15:36,480 --> 00:15:38,800 Speaker 1: swatter set on a whoop, you ass you can't pull 297 00:15:38,840 --> 00:15:40,880 Speaker 1: out your gun and shoot him. That's not you're not 298 00:15:41,600 --> 00:15:45,840 Speaker 1: mean you can't do that. So this I don't know. 299 00:15:45,960 --> 00:15:48,600 Speaker 1: But again I'm I'm standing by and holding resident because 300 00:15:48,600 --> 00:15:51,120 Speaker 1: I every single one of these standard ground cases had 301 00:15:51,200 --> 00:15:52,680 Speaker 1: blown my mind before. 302 00:15:52,880 --> 00:15:54,080 Speaker 2: And they've gone in either direction. 303 00:15:54,760 --> 00:15:57,560 Speaker 1: Jordan Davis was in Florida, Florida, I believe as well. 304 00:15:57,680 --> 00:15:59,880 Speaker 1: He was playing loud music at a gas station and 305 00:16:00,160 --> 00:16:03,400 Speaker 1: guy said he was felt in fear and shot kid. 306 00:16:04,320 --> 00:16:06,320 Speaker 1: In that case went back and forth, a win and 307 00:16:06,360 --> 00:16:08,960 Speaker 1: a loss and a law. So I don't know. 308 00:16:09,440 --> 00:16:11,120 Speaker 3: Yeah, who knows what the jury is going to side, 309 00:16:11,120 --> 00:16:13,640 Speaker 3: and that we know the prosecutor is pursuing charges. And 310 00:16:14,200 --> 00:16:18,280 Speaker 3: I mentioned we covered this case quite extensively and we 311 00:16:18,320 --> 00:16:20,440 Speaker 3: will follow it. The case out of Texas with the 312 00:16:20,520 --> 00:16:23,280 Speaker 3: ding Dong ditch, the eleven year old playing a game, 313 00:16:23,560 --> 00:16:27,680 Speaker 3: playing a childhood prank, ringing the doorbell and is he 314 00:16:27,800 --> 00:16:30,600 Speaker 3: using a standard ground, Yes, he is using standard ground. 315 00:16:30,600 --> 00:16:32,560 Speaker 1: He hid in the bushes. That was that case, right 316 00:16:32,640 --> 00:16:35,320 Speaker 1: on his property. Yeah, after he did it a couple times. 317 00:16:35,520 --> 00:16:37,760 Speaker 1: The kid did it a couple of times, and he okay, 318 00:16:38,120 --> 00:16:41,560 Speaker 1: he stalk the kid almost he was lying in wait 319 00:16:41,680 --> 00:16:44,080 Speaker 1: for that. That was a different type of thing. Who 320 00:16:44,120 --> 00:16:44,600 Speaker 1: knows THO. 321 00:16:44,960 --> 00:16:47,440 Speaker 3: To your point about Trayvon Martin and the case in 322 00:16:47,440 --> 00:16:49,560 Speaker 3: Florida with the loud music, just when you think, well, 323 00:16:49,680 --> 00:16:53,760 Speaker 3: obviously this person is going to be prosecuted and actually 324 00:16:53,800 --> 00:16:57,560 Speaker 3: punished for taking a life of someone who actually wasn't 325 00:16:57,560 --> 00:17:00,480 Speaker 3: posing a threat. You'd think that would be the case, 326 00:17:00,560 --> 00:17:03,680 Speaker 3: but you do not know in these situations because the 327 00:17:05,920 --> 00:17:08,560 Speaker 3: language there is a gray area. And that's why a 328 00:17:08,600 --> 00:17:10,199 Speaker 3: lot of folks are saying we should get rid of 329 00:17:10,240 --> 00:17:14,679 Speaker 3: these laws, because it emboldens folks in moments of fear 330 00:17:15,880 --> 00:17:18,680 Speaker 3: to do something that maybe they wouldn't otherwise do because 331 00:17:18,680 --> 00:17:21,280 Speaker 3: they feel as though they are protected by the law, 332 00:17:21,320 --> 00:17:22,840 Speaker 3: that they have every right to. 333 00:17:22,840 --> 00:17:26,280 Speaker 2: Shoot first and ask questions later. And that is not 334 00:17:26,440 --> 00:17:26,800 Speaker 2: the case. 335 00:17:26,920 --> 00:17:28,720 Speaker 1: We should have done this ahead of time. And I 336 00:17:28,800 --> 00:17:31,520 Speaker 1: would be so curious to look up because I don't 337 00:17:31,840 --> 00:17:35,280 Speaker 1: recall a single one. How many times does stand your 338 00:17:35,400 --> 00:17:41,520 Speaker 1: ground been used? Or you've heard about killings when a 339 00:17:41,640 --> 00:17:44,199 Speaker 1: criminal was there to rob the place. I don't hear 340 00:17:44,280 --> 00:17:48,520 Speaker 1: about homeowners shooting people who are there to actually rob them. 341 00:17:48,680 --> 00:17:51,359 Speaker 1: And I'm sure it probably, I guess, but all the 342 00:17:51,400 --> 00:17:53,800 Speaker 1: standard ground, all the cases I hear about have to 343 00:17:53,840 --> 00:17:57,040 Speaker 1: do with someone who was not actually there to do 344 00:17:57,320 --> 00:18:01,879 Speaker 1: a person harm. I would be very curious to see if, 345 00:18:02,359 --> 00:18:05,879 Speaker 1: like what use how important this law has been in 346 00:18:06,040 --> 00:18:07,480 Speaker 1: helping what saved lives? 347 00:18:08,520 --> 00:18:10,840 Speaker 3: Yeah, you know, I think I've heard a case here 348 00:18:10,960 --> 00:18:13,480 Speaker 3: or there, but it seems as though they pale in 349 00:18:13,520 --> 00:18:15,439 Speaker 3: comparison in terms of numbers. I mean, I've heard, like, 350 00:18:15,640 --> 00:18:19,080 Speaker 3: you know, a homeowner, a woman, someone's coming in, she's 351 00:18:19,080 --> 00:18:22,280 Speaker 3: got the gun. But again I don't even know the details. 352 00:18:22,280 --> 00:18:24,960 Speaker 3: I remember hearing one once like that's to your point, 353 00:18:25,240 --> 00:18:27,560 Speaker 3: it might just not cover, it might not rise to 354 00:18:27,560 --> 00:18:31,919 Speaker 3: the level of being covered because it was affected or effectual, 355 00:18:31,920 --> 00:18:34,120 Speaker 3: and it was the law was being put to use 356 00:18:34,160 --> 00:18:36,119 Speaker 3: in the correct way, and so it doesn't make headlines. 357 00:18:36,400 --> 00:18:39,840 Speaker 1: But to think, why is why this is necessary to 358 00:18:40,000 --> 00:18:44,720 Speaker 1: protect you from making a mistake? It seemed like what 359 00:18:44,800 --> 00:18:47,560 Speaker 1: it is so often, but it also seems like it 360 00:18:47,600 --> 00:18:50,560 Speaker 1: gives you more permission to make that mistake. 361 00:18:51,560 --> 00:18:53,400 Speaker 3: What I And that's the point that people are making 362 00:18:53,400 --> 00:18:57,000 Speaker 3: that basically because folks know homeowners know or even just 363 00:18:57,240 --> 00:19:00,160 Speaker 3: people in general who pack heet who have concealed weapons 364 00:19:00,640 --> 00:19:04,159 Speaker 3: know that. Or they believe that it's their right to 365 00:19:04,240 --> 00:19:09,160 Speaker 3: defend themselves, their property, their person, their family, no matter what, 366 00:19:09,240 --> 00:19:11,840 Speaker 3: and that can be their first instinct is to shoot 367 00:19:11,840 --> 00:19:15,240 Speaker 3: first and to ask questions later. And that's the scary part. 368 00:19:15,480 --> 00:19:17,280 Speaker 3: And when you have a case like this, which is 369 00:19:17,359 --> 00:19:21,440 Speaker 3: so tragic and so sad I did read the part 370 00:19:21,480 --> 00:19:23,880 Speaker 3: where they didn't go outside. They called nine one one. 371 00:19:23,920 --> 00:19:25,440 Speaker 3: This is the husband and the wife who were inside 372 00:19:25,480 --> 00:19:30,800 Speaker 3: the home. But they heard her husband wailing. There was 373 00:19:30,880 --> 00:19:33,840 Speaker 3: a real tragic loss of life here from our woman 374 00:19:33,840 --> 00:19:35,879 Speaker 3: who was just trying to do her job. It is 375 00:19:35,960 --> 00:19:36,960 Speaker 3: incredibly sad. 376 00:19:37,359 --> 00:19:41,960 Speaker 1: We want to leave room robes for not knowing all 377 00:19:42,359 --> 00:19:45,159 Speaker 1: the facts of what was going on in that house. 378 00:19:45,200 --> 00:19:48,600 Speaker 1: Maybe there were other factors in this, you know what 379 00:19:49,040 --> 00:19:51,600 Speaker 1: a court would consider a jurm. I consider what if 380 00:19:51,640 --> 00:19:54,480 Speaker 1: their house was broken into two weeks ago? What if 381 00:19:54,520 --> 00:19:56,920 Speaker 1: other things and other factors. You want to leave room. 382 00:19:57,320 --> 00:20:00,199 Speaker 1: I don't want to. Yes, he took a life, and 383 00:20:00,240 --> 00:20:02,679 Speaker 1: I don't think he wanted to. Right This could have 384 00:20:02,680 --> 00:20:05,920 Speaker 1: been just an awful mistake, a bad mistake, a bad judgment, 385 00:20:06,560 --> 00:20:10,280 Speaker 1: and a good guy had a really bad night. We 386 00:20:10,440 --> 00:20:13,080 Speaker 1: don't know. We always want to leave room for that, 387 00:20:13,200 --> 00:20:16,320 Speaker 1: but this one, obviously, Robes shouldn't have happened. 388 00:20:16,560 --> 00:20:17,119 Speaker 2: It shouldn't have. 389 00:20:17,160 --> 00:20:22,080 Speaker 3: And his wife, according to police reports, did say that 390 00:20:22,200 --> 00:20:24,560 Speaker 3: her husband and she was always concerned, would tell neighbors. 391 00:20:24,560 --> 00:20:27,400 Speaker 3: He went out to purchase this gun specifically to protect 392 00:20:27,400 --> 00:20:29,920 Speaker 3: his home, and he said if anyone were to ever 393 00:20:30,000 --> 00:20:32,480 Speaker 3: try to come into my home, I would shoot them immediately, 394 00:20:32,880 --> 00:20:35,159 Speaker 3: so he had it in his head that this is 395 00:20:35,160 --> 00:20:37,080 Speaker 3: what he was supposed to do, or that this is 396 00:20:37,080 --> 00:20:40,800 Speaker 3: what he was going to do. And then lo and behold, 397 00:20:41,200 --> 00:20:45,080 Speaker 3: this situation happened, and he made good on what he 398 00:20:45,080 --> 00:20:45,679 Speaker 3: said he would do. 399 00:20:45,720 --> 00:20:48,200 Speaker 1: And this is where I try to leave room as 400 00:20:48,280 --> 00:20:53,040 Speaker 1: a homeowner in Georgia where these laws were in place. 401 00:20:53,320 --> 00:20:56,320 Speaker 1: Who was at home by myself in the middle of 402 00:20:56,359 --> 00:20:58,720 Speaker 1: the day when three guys tried to break into my 403 00:20:59,280 --> 00:21:03,000 Speaker 1: home in a coordinated effort, to which I went and 404 00:21:03,080 --> 00:21:07,639 Speaker 1: immediately bought guns for that house the next day, And 405 00:21:07,680 --> 00:21:11,200 Speaker 1: who lived most of my time in the Atlanta Era 406 00:21:11,880 --> 00:21:16,120 Speaker 1: area with guns in my house After that experience, the 407 00:21:16,160 --> 00:21:21,000 Speaker 1: next time someone attempted to do anything like that to 408 00:21:21,080 --> 00:21:23,439 Speaker 1: my home, I think my first instinct would be to 409 00:21:23,520 --> 00:21:26,520 Speaker 1: pick up my gun. Now, I don't know what my 410 00:21:26,960 --> 00:21:30,480 Speaker 1: reaction would have been, but I assure you I checked 411 00:21:30,560 --> 00:21:33,080 Speaker 1: up on the law after I got those guns, and 412 00:21:33,160 --> 00:21:36,160 Speaker 1: I knew what I was allowed to do. That sounds great. 413 00:21:36,520 --> 00:21:40,040 Speaker 1: Sabine was months old at that point. She was supposed 414 00:21:40,040 --> 00:21:41,600 Speaker 1: to be at home with me that day, and I 415 00:21:41,680 --> 00:21:44,679 Speaker 1: just happened to be home alone. So all those things. 416 00:21:44,720 --> 00:21:49,080 Speaker 1: If I am a juror listening to at you just 417 00:21:49,200 --> 00:21:50,840 Speaker 1: don't know. I'm not saying what he did was right 418 00:21:50,920 --> 00:21:53,520 Speaker 1: and justifying it anyway, But as I and I know 419 00:21:53,560 --> 00:21:56,440 Speaker 1: a lot of people are getting onto and I put 420 00:21:56,480 --> 00:22:01,600 Speaker 1: myself in that position of that fear, having gone through it, 421 00:22:01,920 --> 00:22:05,479 Speaker 1: having had weapons, and having to have the experience of 422 00:22:05,720 --> 00:22:08,159 Speaker 1: hearing something in the middle of the night in my 423 00:22:08,240 --> 00:22:11,639 Speaker 1: home in Atlanta and knowing exactly where that gun was 424 00:22:11,680 --> 00:22:15,000 Speaker 1: and that clip was and loaded it that night. 425 00:22:16,280 --> 00:22:18,720 Speaker 2: I have never heard this story before. Vave. 426 00:22:19,600 --> 00:22:19,960 Speaker 3: I knew you. 427 00:22:20,080 --> 00:22:21,560 Speaker 2: I knew you were a gun owner, but I did 428 00:22:21,640 --> 00:22:22,480 Speaker 2: not know that story. 429 00:22:22,640 --> 00:22:25,239 Speaker 1: That's why I was a gun owner is because of 430 00:22:25,280 --> 00:22:29,280 Speaker 1: that incident at that house. So these things are real, 431 00:22:29,320 --> 00:22:31,600 Speaker 1: and that fear is real. Yes, yes, yes, yes, And 432 00:22:31,640 --> 00:22:34,600 Speaker 1: I hate what happened and can't imagine shooting through the 433 00:22:34,640 --> 00:22:38,240 Speaker 1: door blindly. I can't imagine that. But we will see 434 00:22:38,240 --> 00:22:40,560 Speaker 1: if we get to a trial, and I wouldn't be surprised. 435 00:22:40,600 --> 00:22:42,879 Speaker 1: There are things we are going to learn that will 436 00:22:43,600 --> 00:22:45,400 Speaker 1: make this story probably sound. 437 00:22:45,200 --> 00:22:47,520 Speaker 3: Different, maybe make a little bit more sense, but it 438 00:22:47,600 --> 00:22:49,600 Speaker 3: still is a tragedy in and of itself. We will, 439 00:22:49,640 --> 00:22:53,280 Speaker 3: of course follow this case and there is a lot 440 00:22:53,359 --> 00:22:55,679 Speaker 3: more to come. He's behind bars right now, awaiting a 441 00:22:55,760 --> 00:23:00,520 Speaker 3: hearing at this point, but again facing a voluntary manslaughter charge. 442 00:23:00,760 --> 00:23:03,080 Speaker 3: Thank you so much for listening to us everyone. I'm 443 00:23:03,119 --> 00:23:04,879 Speaker 3: Amy Robach alongside t. J. 444 00:23:05,200 --> 00:23:07,440 Speaker 2: Holmes. We always appreciate you