1 00:00:05,880 --> 00:00:15,960 Speaker 1: Crime Stories with Nancy Grace. On early Sunday mornings across 2 00:00:16,000 --> 00:00:19,320 Speaker 1: our country, a lot of people are getting up and 3 00:00:19,360 --> 00:00:23,640 Speaker 1: getting ready and rousting their children and shaking the house 4 00:00:23,680 --> 00:00:26,079 Speaker 1: out like a rug to get everybody to church and 5 00:00:26,160 --> 00:00:28,880 Speaker 1: Sunday school on time. A lot of people are having 6 00:00:28,880 --> 00:00:32,960 Speaker 1: their morning coffee and reading the paper. You don't really 7 00:00:33,040 --> 00:00:42,680 Speaker 1: think about a mommy drunk, stinking, drunk, slamming into a 8 00:00:42,800 --> 00:00:49,480 Speaker 1: crash killing a five year old little girl, at least 9 00:00:49,520 --> 00:00:51,440 Speaker 1: I don't when I wake up on a Sunday morning. 10 00:00:58,880 --> 00:01:07,800 Speaker 1: Crime Stories with Nancy Grace. Take a listen to our 11 00:01:07,880 --> 00:01:11,520 Speaker 1: France a kak etv nes Wichita, who this morning a 12 00:01:11,560 --> 00:01:14,280 Speaker 1: five year old girl was dead following an overnight car 13 00:01:14,319 --> 00:01:17,240 Speaker 1: crash southeast of which saw. That crash happened just after 14 00:01:17,319 --> 00:01:19,800 Speaker 1: three this morning. Their forty seventh and one hundred and 15 00:01:19,800 --> 00:01:24,319 Speaker 1: twenty seventh Sheriff's County, Central County Sheriff's Deputies rather say 16 00:01:24,319 --> 00:01:26,520 Speaker 1: a woman in her mid twenties was driving them forty 17 00:01:26,520 --> 00:01:30,080 Speaker 1: seventh when she somehow crashed at car just west of 18 00:01:30,080 --> 00:01:33,160 Speaker 1: one hundred and twenty seventh Street. Now her daughter was 19 00:01:33,200 --> 00:01:35,759 Speaker 1: a passenger in the car and died on the scene. 20 00:01:35,800 --> 00:01:39,600 Speaker 1: Investigators do say that alcohol might be involved and that 21 00:01:39,680 --> 00:01:42,600 Speaker 1: mother is expected to be booked into the jail on 22 00:01:42,840 --> 00:01:46,800 Speaker 1: unknown charges. Unknown charges. Really, I got a pretty good 23 00:01:46,840 --> 00:01:49,160 Speaker 1: idea what those charges are going to be. And you 24 00:01:49,200 --> 00:01:53,280 Speaker 1: know what always kills me, It kills me. To you 25 00:01:53,560 --> 00:01:55,760 Speaker 1: before I can even introduce everybody, let me go to 26 00:01:55,800 --> 00:02:01,360 Speaker 1: Alex Atti, Mother's Against Drunk Driving National President. You can 27 00:02:01,440 --> 00:02:06,960 Speaker 1: find Alex at mad President m add Alex. Why do 28 00:02:07,040 --> 00:02:11,000 Speaker 1: we act like wow, what happened? And I hate when 29 00:02:11,040 --> 00:02:15,840 Speaker 1: it's called an accident. It is no accident, did you notice? 30 00:02:15,840 --> 00:02:20,040 Speaker 1: And no offense to our friends KAKA ETV News Wichita, 31 00:02:20,160 --> 00:02:25,079 Speaker 1: they said somehow she had a crash. Well, I can 32 00:02:25,120 --> 00:02:27,959 Speaker 1: tell you how she was drunk as a skunk. That's 33 00:02:27,960 --> 00:02:30,520 Speaker 1: how she had a crash. Alex, Well, thank you so 34 00:02:30,680 --> 00:02:33,240 Speaker 1: much for saying that you're absolutely right and that it's 35 00:02:33,280 --> 00:02:35,960 Speaker 1: not an accident. It's a choice and it is a 36 00:02:35,960 --> 00:02:38,960 Speaker 1: crime and we need to call her what it is. 37 00:02:39,400 --> 00:02:42,959 Speaker 1: But we see an alarming number of adults getting behind 38 00:02:43,000 --> 00:02:46,280 Speaker 1: the wheel after consuming alcohol, are drugs with their children 39 00:02:46,400 --> 00:02:50,800 Speaker 1: in the car? Guys, let me rewind and introduce an 40 00:02:50,840 --> 00:02:55,519 Speaker 1: all start panel joining us. Christy Missouri, you know her name, 41 00:02:55,520 --> 00:02:59,960 Speaker 1: Well Emmy Award winning investigative reporter and president of Successful 42 00:03:00,120 --> 00:03:05,880 Speaker 1: Strategies PR and Crisis Communications Firm. Professor Forensics, Jacksonville State University, 43 00:03:05,960 --> 00:03:09,720 Speaker 1: author of Blood Beneath My Feet on Amazon, Starred our 44 00:03:09,840 --> 00:03:12,880 Speaker 1: brand new hit series on the True Crime Network, Poisonous 45 00:03:12,919 --> 00:03:20,120 Speaker 1: Liaison's Death Investigator Joseph Scott Morgan, clinical psychologist, joining us. 46 00:03:22,120 --> 00:03:26,200 Speaker 1: This guy has been around the blot knows what he's 47 00:03:26,200 --> 00:03:31,360 Speaker 1: talking about. It's doctor Alan Blotkey. James shell Nutt twenty 48 00:03:31,440 --> 00:03:36,800 Speaker 1: seven years metro major case swat officer now lawyer at 49 00:03:36,880 --> 00:03:42,440 Speaker 1: shell Nutt Lawfirm dot Com. Special guests joining us Alex Atti, 50 00:03:42,640 --> 00:03:47,160 Speaker 1: present of Mad Mothers Against Drunk Driving National and two 51 00:03:47,280 --> 00:03:49,960 Speaker 1: very special guests. I'm really looking forward to hearing from 52 00:03:51,720 --> 00:03:57,280 Speaker 1: Tim Nagel and Michelle Nagel, the parents of Kila Nagel, 53 00:03:58,000 --> 00:04:04,680 Speaker 1: who is stand by, sitting by with them now in 54 00:04:04,720 --> 00:04:12,320 Speaker 1: a wheelchair after being hit by a drunk driver. It 55 00:04:12,520 --> 00:04:19,120 Speaker 1: is a miracle from heaven that this girl is alive 56 00:04:22,640 --> 00:04:27,440 Speaker 1: and sitting with her parents right now to speak out 57 00:04:27,680 --> 00:04:31,799 Speaker 1: against drunk driving. But you know what, five year old 58 00:04:32,640 --> 00:04:42,680 Speaker 1: layah Byas can't do that. She's dead. Thanks Mommy to 59 00:04:42,760 --> 00:04:47,400 Speaker 1: you Christie Missourich, what happened, Well, you pointed to the 60 00:04:47,440 --> 00:04:50,480 Speaker 1: facts of what happened. I mean, the mom, Nori Lamb, 61 00:04:51,120 --> 00:04:57,239 Speaker 1: is charged with manslaughter, driving under the influence, and transporting 62 00:04:57,279 --> 00:05:01,960 Speaker 1: an open container of alcohol. So that kind of led 63 00:05:02,120 --> 00:05:05,760 Speaker 1: some credence to the dui and the reports and the 64 00:05:05,800 --> 00:05:09,599 Speaker 1: communities was horrified to learn the report details that this 65 00:05:09,720 --> 00:05:13,039 Speaker 1: kindergartener was out and about in a car with her 66 00:05:13,320 --> 00:05:16,280 Speaker 1: drunk mother, who was drinking in the car at three 67 00:05:16,279 --> 00:05:20,719 Speaker 1: o'clock in the morning. Reports coming out of that area 68 00:05:20,760 --> 00:05:23,839 Speaker 1: are saying, you know, the girl might have been out 69 00:05:23,880 --> 00:05:26,840 Speaker 1: and about at an obvious another location with her mom 70 00:05:27,640 --> 00:05:31,160 Speaker 1: late Saturday evening and mom was returning home when she 71 00:05:31,279 --> 00:05:34,920 Speaker 1: lost control of the car and slammed into a concrete 72 00:05:34,960 --> 00:05:37,640 Speaker 1: culvert and the girl died at the scene. I'm very 73 00:05:37,680 --> 00:05:42,080 Speaker 1: curious where this woman had been because this they keep 74 00:05:42,160 --> 00:05:45,000 Speaker 1: referring to it as an accident. It's no accident when 75 00:05:45,000 --> 00:05:48,760 Speaker 1: you choose to drink, then choose to get your keys 76 00:05:49,040 --> 00:05:52,039 Speaker 1: and get in your car, crank it up, put it 77 00:05:52,080 --> 00:05:56,320 Speaker 1: in reverse, back off, take off, much less with your 78 00:05:56,360 --> 00:05:59,960 Speaker 1: baby in the car. I'm very curious if the baby 79 00:06:00,360 --> 00:06:04,599 Speaker 1: had been seatbelted, because why did mommy live and baby died? 80 00:06:05,040 --> 00:06:09,000 Speaker 1: But they're calling in an accident, I'll call it a crash. 81 00:06:09,160 --> 00:06:14,719 Speaker 1: During the investigation, deputies discover evidence indicating alcohol contributed to 82 00:06:14,760 --> 00:06:19,720 Speaker 1: the accident. More investigative efforts determined pc problem cause existed 83 00:06:19,760 --> 00:06:24,360 Speaker 1: to arrest and book Norie Lamb driving under the influence, 84 00:06:24,640 --> 00:06:28,599 Speaker 1: transporting open container of an alcoholic beverage. You know what 85 00:06:28,640 --> 00:06:33,040 Speaker 1: that means. It means she was drinking and really couldn't 86 00:06:33,040 --> 00:06:36,200 Speaker 1: even put the drink down to drive. She had to 87 00:06:36,279 --> 00:06:40,760 Speaker 1: have an open drink in the car, shell nut. You're 88 00:06:40,839 --> 00:06:44,839 Speaker 1: the defense lawyer, That's what that means. Open container of 89 00:06:44,920 --> 00:06:48,120 Speaker 1: alcoholic beverage. She couldn't even leave it at the bar 90 00:06:48,279 --> 00:06:52,920 Speaker 1: or the party. She had to drive literally while drinking. 91 00:06:52,960 --> 00:06:56,240 Speaker 1: Not driving under the influence, but driving under the influence, 92 00:06:56,400 --> 00:07:00,960 Speaker 1: plus getting a snoopfull while she's driving. Yeah, you know, 93 00:07:01,040 --> 00:07:03,360 Speaker 1: I look at this from all different angles, from the 94 00:07:03,440 --> 00:07:06,640 Speaker 1: law enforcement angle, from the prosecution angle, at the fan cycle, 95 00:07:06,680 --> 00:07:08,320 Speaker 1: you know, from the defence angle. And I don't want 96 00:07:08,320 --> 00:07:10,320 Speaker 1: you madami when I say this from the fanceyingle. I'm 97 00:07:10,360 --> 00:07:12,440 Speaker 1: already mad. When you queue it up like that, you 98 00:07:12,480 --> 00:07:15,800 Speaker 1: know what I'm gonna be, maggo angle. We don't know 99 00:07:15,800 --> 00:07:17,640 Speaker 1: how long that open container had been in the car. 100 00:07:18,240 --> 00:07:20,280 Speaker 1: I mean, it could be from days earlier. It could 101 00:07:20,280 --> 00:07:22,760 Speaker 1: be it could be a loose top on a liquor bottle. 102 00:07:23,320 --> 00:07:25,200 Speaker 1: It could be a beer can that had a fraction 103 00:07:25,240 --> 00:07:28,120 Speaker 1: of beer in the back seat. We don't know that 104 00:07:28,160 --> 00:07:32,840 Speaker 1: it was from this night. Okay, all right? A mom 105 00:07:33,000 --> 00:07:37,760 Speaker 1: arrested after a rollover crash that killed her five year 106 00:07:37,920 --> 00:07:41,600 Speaker 1: old little girl around three fifteen am on a Sunday 107 00:07:41,640 --> 00:07:48,440 Speaker 1: morning in a rural area south west of Wichita. You 108 00:07:48,520 --> 00:07:51,880 Speaker 1: know what is she doing drinking at three fifteen in 109 00:07:51,920 --> 00:07:53,840 Speaker 1: the morning. Now, Sheln Nott wants you to believe that 110 00:07:53,920 --> 00:07:56,360 Speaker 1: was left over? Why was it in the car though? 111 00:07:56,640 --> 00:08:00,400 Speaker 1: What about that? To doctor Alan Blockkey, pH d, Clinical 112 00:08:00,520 --> 00:08:05,360 Speaker 1: Psychologists joining us out of the Birmingham jurisdiction, Doctor Blockkey, 113 00:08:05,520 --> 00:08:08,240 Speaker 1: I need a shrink because you know, before I had 114 00:08:08,280 --> 00:08:11,280 Speaker 1: the children, I did all kind of crazy things. I'd 115 00:08:11,320 --> 00:08:16,360 Speaker 1: scuba dive. I was looking at an oxygen chamber to 116 00:08:16,920 --> 00:08:19,320 Speaker 1: try to get over a scuba accident on the other 117 00:08:19,360 --> 00:08:22,360 Speaker 1: side of the world. For Pete's sake. I'd drive fast. 118 00:08:22,480 --> 00:08:25,800 Speaker 1: I'd go into all kind of bad neighborhoods looking for 119 00:08:25,880 --> 00:08:31,200 Speaker 1: witnesses at night, unarmed, you name, it didn't matter, didn't care. 120 00:08:31,840 --> 00:08:34,600 Speaker 1: But now that I have the twins, I've never scuba 121 00:08:34,640 --> 00:08:38,480 Speaker 1: dived again, and I'm sure as heck I'm not going 122 00:08:38,559 --> 00:08:41,800 Speaker 1: to do anything to take me away from those twins. 123 00:08:42,000 --> 00:08:45,959 Speaker 1: What die and leave my husband to marry some tramp 124 00:08:46,000 --> 00:08:50,440 Speaker 1: to raise my children. That's not gonna happen willingly on 125 00:08:50,600 --> 00:08:55,560 Speaker 1: my part. In Oh, So, what happens in the minds 126 00:08:55,600 --> 00:08:57,920 Speaker 1: of moms and dads. Let's just not limit it to 127 00:08:58,000 --> 00:09:04,920 Speaker 1: moms where after they have children, they still behave recklessly 128 00:09:05,040 --> 00:09:08,480 Speaker 1: and wantonly Well, I'll tell you this, probably what happens 129 00:09:08,679 --> 00:09:11,360 Speaker 1: in this case in other cases is that they go 130 00:09:11,400 --> 00:09:13,960 Speaker 1: in with good intentions, but after you start drinking and 131 00:09:14,040 --> 00:09:16,000 Speaker 1: you've had two, and you've had four, and you've had 132 00:09:16,040 --> 00:09:19,600 Speaker 1: six with that effect says your decision making and your 133 00:09:19,679 --> 00:09:23,600 Speaker 1: judgment and all that goes out the window, and then 134 00:09:23,640 --> 00:09:26,400 Speaker 1: you do terrible things. I just want to say one 135 00:09:26,400 --> 00:09:29,400 Speaker 1: other thing. We haven't heard about what her blood alcohol 136 00:09:29,559 --> 00:09:33,040 Speaker 1: level was. That will tell the story. Yeah, you're right, 137 00:09:33,400 --> 00:09:39,360 Speaker 1: but under the law, doctor Blockkey, even if she was 138 00:09:39,440 --> 00:09:42,520 Speaker 1: not DOUI per se, if she didn't even reach the 139 00:09:42,640 --> 00:09:47,640 Speaker 1: legal limit, if she was driving impaired at all, right, 140 00:09:48,440 --> 00:09:52,760 Speaker 1: and for I'm just bidding you money, that baby was 141 00:09:52,920 --> 00:09:57,240 Speaker 1: not in a seat belt. Why did mommy live baby died? 142 00:09:57,480 --> 00:10:00,480 Speaker 1: I would also I would also like to know did 143 00:10:00,520 --> 00:10:04,439 Speaker 1: she call the police or an ambulance after the accidents, 144 00:10:04,480 --> 00:10:07,839 Speaker 1: because the reporting is that she had minor injuries, So 145 00:10:07,880 --> 00:10:11,800 Speaker 1: did she make an effort to call an ambulance or 146 00:10:11,800 --> 00:10:30,480 Speaker 1: the police? Good point, Prime stories with Nancy Grace. Guys, 147 00:10:30,520 --> 00:10:32,760 Speaker 1: we are talking about a five year old little girl, 148 00:10:33,080 --> 00:10:39,640 Speaker 1: absolutely beautiful dead. Why mommy drunk and driving her vehicle 149 00:10:39,720 --> 00:10:42,079 Speaker 1: does a roll over? Three fifteen? And you know I'm 150 00:10:42,120 --> 00:10:44,679 Speaker 1: looking at a mug shot right now, I don't like her. 151 00:10:44,720 --> 00:10:47,800 Speaker 1: Out of teach, She's like, hmm, I don't like that. 152 00:10:48,280 --> 00:10:51,440 Speaker 1: For Pete's sake, your child is dead and you're looking 153 00:10:51,559 --> 00:10:54,800 Speaker 1: like all pod because you are in a mug shot. 154 00:10:55,000 --> 00:10:56,960 Speaker 1: I don't like that right there. Of course, I'm sure 155 00:10:57,000 --> 00:10:59,040 Speaker 1: a good defense turning can explain all that A way 156 00:10:59,360 --> 00:11:02,240 Speaker 1: I would argue, she's still drunk. You know, I just 157 00:11:02,360 --> 00:11:07,840 Speaker 1: heard doctor Alan Blockkey, PhD, clinical psychologist, esteemed renowned in 158 00:11:07,880 --> 00:11:10,880 Speaker 1: his field, joining me from Birmingham. You know I want 159 00:11:10,920 --> 00:11:14,280 Speaker 1: to go to Michelle and Tim Nagel, the mother and 160 00:11:14,360 --> 00:11:18,800 Speaker 1: father of Keela Nagel, now in a wheelchair because of 161 00:11:18,800 --> 00:11:26,800 Speaker 1: a drunk driver. Did you hear block Key say good intentions, 162 00:11:27,360 --> 00:11:30,600 Speaker 1: good intentions? You know what my grandmother always said, road 163 00:11:30,679 --> 00:11:35,920 Speaker 1: to hell paved with good intentions. You can take those 164 00:11:35,960 --> 00:11:39,400 Speaker 1: good intentions right to the supper table with the devil. 165 00:11:39,480 --> 00:11:43,200 Speaker 1: And that is exactly what this woman has done. Good intentions. 166 00:11:43,320 --> 00:11:46,800 Speaker 1: My rear end out with your five year little girl 167 00:11:47,200 --> 00:11:50,719 Speaker 1: getting a snoop Fiel. What's a good intention of that? 168 00:11:50,840 --> 00:11:54,080 Speaker 1: Michelle Nagle, I don't care about what they intended. I 169 00:11:54,200 --> 00:11:58,319 Speaker 1: care about what happen, right, We agree. Yeah, it's sad. 170 00:11:58,520 --> 00:12:03,320 Speaker 1: You know when something it's behind the wheel of a 171 00:12:03,360 --> 00:12:07,520 Speaker 1: car and decides the drink and they don't understand the 172 00:12:07,559 --> 00:12:12,920 Speaker 1: repercussions that doing that to cause a family. I mean, 173 00:12:13,040 --> 00:12:16,880 Speaker 1: our lives have been turned upside down. Our daughter can 174 00:12:16,960 --> 00:12:22,080 Speaker 1: no longer walk. We're trying to get her there, trying 175 00:12:22,080 --> 00:12:24,360 Speaker 1: to get her to speak louder. She had a your 176 00:12:24,400 --> 00:12:29,760 Speaker 1: traumatic brain injury. All the sports she was a freshman 177 00:12:30,240 --> 00:12:35,319 Speaker 1: playing for varsity for volleyball, and she just had everything 178 00:12:35,400 --> 00:12:40,200 Speaker 1: going for her. And it's it has not only turned 179 00:12:40,280 --> 00:12:42,800 Speaker 1: Cable's lights off, the side down. It's turned our lives 180 00:12:42,880 --> 00:12:48,080 Speaker 1: upside down, and her friends and family. So it impacts 181 00:12:48,120 --> 00:12:51,160 Speaker 1: a lot of people. And I don't think people realize 182 00:12:51,160 --> 00:12:55,440 Speaker 1: when they get behind the wheel of a car you 183 00:12:55,559 --> 00:12:59,920 Speaker 1: have to be careful because you can hurt another family 184 00:13:00,120 --> 00:13:02,360 Speaker 1: a lot. Missus Alex and I want to speak to 185 00:13:02,360 --> 00:13:06,560 Speaker 1: the good intention. Yes, every child deserves it doesn't need 186 00:13:06,640 --> 00:13:09,880 Speaker 1: a driver. Children don't have a voice or a choice 187 00:13:10,000 --> 00:13:12,679 Speaker 1: when writing with adults, and yet those entrusted to keep 188 00:13:12,760 --> 00:13:15,880 Speaker 1: children safe are all too often the same people who 189 00:13:15,880 --> 00:13:18,840 Speaker 1: put them in danger by driving drunk. I was thirteen 190 00:13:19,200 --> 00:13:22,840 Speaker 1: when an adults man made the choice. His intention, they 191 00:13:22,880 --> 00:13:25,160 Speaker 1: have been to have a good time that day, but 192 00:13:25,360 --> 00:13:29,840 Speaker 1: his choice led to my near death. His choice led 193 00:13:29,880 --> 00:13:32,760 Speaker 1: to me living with one leg. So I don't, frankly 194 00:13:32,840 --> 00:13:36,280 Speaker 1: care what his intention was. I care what the consequence was, 195 00:13:36,360 --> 00:13:38,080 Speaker 1: and I'm the one that was left to suffer it. 196 00:13:38,160 --> 00:13:43,280 Speaker 1: I'm just hearing what Alex Autie is saying. The president 197 00:13:43,360 --> 00:13:49,559 Speaker 1: of Mothers Against Drunk Driving National Organization, Tim Nagel, Michelle Nagel, 198 00:13:49,640 --> 00:13:54,160 Speaker 1: the parents of Kiela Nagel, and right now just lifting 199 00:13:54,200 --> 00:13:58,400 Speaker 1: up her prayer for God to bless Keela and her 200 00:13:58,440 --> 00:14:04,640 Speaker 1: family and give her strength and the resolution she needs 201 00:14:04,679 --> 00:14:07,760 Speaker 1: to move forward, and that they need to help her 202 00:14:08,360 --> 00:14:12,480 Speaker 1: over the years to come. You know, Joe Scott Morgan, 203 00:14:13,520 --> 00:14:19,239 Speaker 1: you heard Alex ODDI, A crash is not an accident. 204 00:14:19,720 --> 00:14:23,720 Speaker 1: How much alcohol do you need a drink to be 205 00:14:23,840 --> 00:14:27,520 Speaker 1: even impaired? I mean drunk to the legal limit, which 206 00:14:27,520 --> 00:14:31,120 Speaker 1: has now been lowered to point o eight, but to 207 00:14:31,280 --> 00:14:35,480 Speaker 1: be impaired, well, to be impaired essentially, you know, like 208 00:14:35,520 --> 00:14:39,240 Speaker 1: you said, point o eight, that's generally in most states 209 00:14:39,280 --> 00:14:42,440 Speaker 1: that's going to be the legal level for intoxication. But 210 00:14:42,480 --> 00:14:45,840 Speaker 1: if you're just talking to say around point o three, 211 00:14:46,080 --> 00:14:47,920 Speaker 1: you're still going to have people that are going to 212 00:14:48,000 --> 00:14:50,680 Speaker 1: lose at that point in time. Thinks like social inhibition. 213 00:14:52,000 --> 00:14:57,280 Speaker 1: There'll be total relaxed, totally relaxed, almost like a narcotic 214 00:14:57,320 --> 00:15:00,200 Speaker 1: to a certain degree, there'll be real talkative this sort 215 00:15:00,240 --> 00:15:04,080 Speaker 1: of thing. But what follows after that are things like 216 00:15:04,920 --> 00:15:10,200 Speaker 1: diminished ability to react. Say, for instance, if something appears 217 00:15:10,600 --> 00:15:13,400 Speaker 1: in front of you, you can't react in time while 218 00:15:13,440 --> 00:15:18,800 Speaker 1: you're driving, or you can't imagine if you have blinders on, 219 00:15:19,400 --> 00:15:22,960 Speaker 1: you know, and you try to dodge something and you 220 00:15:22,960 --> 00:15:27,000 Speaker 1: wind up overcompensating, which probably happened in this case. Since 221 00:15:27,000 --> 00:15:29,840 Speaker 1: it was a rollover type event, you're going to jerk 222 00:15:29,880 --> 00:15:33,120 Speaker 1: the wheel very, very hard, and so the vehicle will 223 00:15:33,160 --> 00:15:35,840 Speaker 1: begin to roll. So you don't have to be at 224 00:15:36,160 --> 00:15:40,680 Speaker 1: point zero eight in order to have these impacts relative 225 00:15:40,800 --> 00:15:44,760 Speaker 1: to how this alcohol is affecting you. And what's very 226 00:15:44,800 --> 00:15:47,720 Speaker 1: disturbing about this, Nancy, and I'll go back to this, 227 00:15:47,840 --> 00:15:50,720 Speaker 1: is the fact that she's got an open container in 228 00:15:50,840 --> 00:15:54,040 Speaker 1: the vehicle with her, which you know, if you're thinking 229 00:15:54,080 --> 00:15:56,080 Speaker 1: about this, I'm not talking about it inside the courtroom. 230 00:15:56,120 --> 00:15:59,200 Speaker 1: I'm talking about from a logical application, she's got alcohol 231 00:15:59,240 --> 00:16:02,240 Speaker 1: on board in her system, and on top of that, 232 00:16:02,720 --> 00:16:08,000 Speaker 1: she's still taking on alcohol as she is under she's 233 00:16:08,040 --> 00:16:11,240 Speaker 1: the custodial parent here, she's in charge of this little 234 00:16:11,240 --> 00:16:14,400 Speaker 1: girl's life. And one more thing, and this is what 235 00:16:14,480 --> 00:16:17,480 Speaker 1: I'll have to say. You had mentioned that these are 236 00:16:17,520 --> 00:16:20,760 Speaker 1: referred to as accidents, and then you said, I'm going 237 00:16:20,840 --> 00:16:25,080 Speaker 1: to call it a crash. Nancy, this is homicide. This 238 00:16:25,160 --> 00:16:29,160 Speaker 1: is one human being bringing about the death of another 239 00:16:29,320 --> 00:16:32,640 Speaker 1: human being. There doesn't have to be intent here. This 240 00:16:32,720 --> 00:16:35,560 Speaker 1: is a homicide and it should be treated that way. 241 00:16:35,600 --> 00:16:38,880 Speaker 1: And unfortunately, we have all of these people that run 242 00:16:38,920 --> 00:16:42,920 Speaker 1: around over and over and over. How many cases do 243 00:16:43,000 --> 00:16:46,280 Speaker 1: we cover where there are people that have multiple DUI 244 00:16:46,480 --> 00:16:50,600 Speaker 1: fences nationwide and they still have a license. They're still 245 00:16:50,640 --> 00:16:53,800 Speaker 1: not penalized because they don't get slapped down hard enough. 246 00:16:53,880 --> 00:16:55,000 Speaker 1: As a matter of fact, there are a lot of 247 00:16:55,040 --> 00:16:58,040 Speaker 1: statistics on that. I'm going to go to Alex Autie, 248 00:16:58,160 --> 00:17:03,600 Speaker 1: the president of Mothers Against Drunk Driving National Alex, I'm 249 00:17:03,600 --> 00:17:07,640 Speaker 1: always floored when I hear the stat How does it 250 00:17:07,680 --> 00:17:11,280 Speaker 1: go for every DUI arrest? How many times do we 251 00:17:12,560 --> 00:17:15,639 Speaker 1: extrapolate the purpe has been drinking in the past and 252 00:17:15,760 --> 00:17:18,200 Speaker 1: not gotten caught. So I want to agree first with 253 00:17:18,320 --> 00:17:21,120 Speaker 1: the people that I've spoken before. It is a violent, 254 00:17:21,440 --> 00:17:26,040 Speaker 1: one hundred percent preventable crime. And the statistic is that 255 00:17:26,119 --> 00:17:30,119 Speaker 1: the average drunk driver has driven drunk more than eighty 256 00:17:30,240 --> 00:17:34,000 Speaker 1: times before their first offense before they are arrested the 257 00:17:34,080 --> 00:17:36,760 Speaker 1: first time. Well, yeah, it did me, Alex. I thought 258 00:17:36,800 --> 00:17:39,520 Speaker 1: it was seventy something. It's eighty. Go ahead, dear. So 259 00:17:39,600 --> 00:17:42,879 Speaker 1: while we may see a first offense DUI, that is 260 00:17:42,960 --> 00:17:45,639 Speaker 1: not the first time that they have driven drunk. And 261 00:17:45,680 --> 00:17:48,520 Speaker 1: I want to add so when he was talking about 262 00:17:48,520 --> 00:17:51,480 Speaker 1: how impairment can happen as low as point oh three. 263 00:17:52,440 --> 00:17:54,240 Speaker 1: I want to say that that is why you make 264 00:17:54,280 --> 00:17:57,520 Speaker 1: a plan before you take the first drink. That is why, 265 00:17:57,560 --> 00:18:01,200 Speaker 1: if you're going to consume alcohol at all, if your 266 00:18:01,240 --> 00:18:04,639 Speaker 1: plans include alcohol, your plans do not need to include driving. 267 00:18:04,800 --> 00:18:07,679 Speaker 1: You need to make a plan before the first drink. 268 00:18:07,960 --> 00:18:10,439 Speaker 1: That would be the best intention is to have a 269 00:18:10,520 --> 00:18:13,720 Speaker 1: plan before the drinking begins. You know. I was speaking 270 00:18:14,160 --> 00:18:20,240 Speaker 1: to actually one of the children's former babysitters. I had 271 00:18:20,240 --> 00:18:23,160 Speaker 1: two babysitters that would sit with them, so one could 272 00:18:23,200 --> 00:18:26,119 Speaker 1: watch the twins and the other could watch the babysitter 273 00:18:26,200 --> 00:18:29,800 Speaker 1: watching the twins, because in my mind I thought it 274 00:18:29,880 --> 00:18:33,760 Speaker 1: was safer to have two babysitters rather than one. Anyway, 275 00:18:34,200 --> 00:18:37,840 Speaker 1: I called him recently and said, so, mister Chris, what's 276 00:18:37,840 --> 00:18:40,680 Speaker 1: going on? And he went, oh, I've got to go drive. 277 00:18:40,800 --> 00:18:43,800 Speaker 1: I need boss this weekend. As boss happens to be 278 00:18:44,359 --> 00:18:48,120 Speaker 1: a former police officer that I need very very well, 279 00:18:48,160 --> 00:18:54,000 Speaker 1: a motorman a motorcycle. And I said, why are you drive? 280 00:18:54,119 --> 00:18:56,119 Speaker 1: What do you mean you've got to drive him? I 281 00:18:56,200 --> 00:19:00,280 Speaker 1: know a CoP's retirement or does not afford a driver. 282 00:19:00,560 --> 00:19:02,560 Speaker 1: He goes, oh, well, he and his wife are going 283 00:19:02,640 --> 00:19:04,560 Speaker 1: out to dinner this weekend. They know they're going to 284 00:19:04,640 --> 00:19:06,800 Speaker 1: have a few drinks. He doesn't want to drive, so 285 00:19:06,800 --> 00:19:10,679 Speaker 1: I'm gonna drive him. You know, it doesn't have to 286 00:19:10,680 --> 00:19:14,280 Speaker 1: be that complicated. There's uber You don't have to have 287 00:19:14,560 --> 00:19:17,880 Speaker 1: a driver. You just have to have that app on 288 00:19:17,920 --> 00:19:20,480 Speaker 1: your phone much less. You're dragging your five year old 289 00:19:20,480 --> 00:19:37,080 Speaker 1: little girl along with you. Crime Stories with Nancy Grace 290 00:19:38,400 --> 00:19:41,760 Speaker 1: for those of you just joining us. A five year 291 00:19:41,800 --> 00:19:45,040 Speaker 1: old little girl, Oh my goodness, she's so so sweet, 292 00:19:45,480 --> 00:19:50,240 Speaker 1: so innocent, so beautiful, five years old. I'm just thinking 293 00:19:50,240 --> 00:19:52,800 Speaker 1: about the twins at five years old. Oh dear lord. 294 00:19:53,920 --> 00:19:59,199 Speaker 1: My husband insisted that they go to preschool. They started 295 00:19:59,200 --> 00:20:04,120 Speaker 1: that around three. Oh how I would cry. They would cry, 296 00:20:04,119 --> 00:20:06,960 Speaker 1: would all cry and sit out in the car, even 297 00:20:07,040 --> 00:20:09,480 Speaker 1: go up and look in the window. At first, the 298 00:20:09,480 --> 00:20:11,840 Speaker 1: teachers were afraid. They got used to it so I 299 00:20:11,840 --> 00:20:16,399 Speaker 1: could see what was going on in there. Five years old, 300 00:20:16,600 --> 00:20:22,920 Speaker 1: so tender, so defenseless. As alex Atti with mothers against 301 00:20:23,000 --> 00:20:25,520 Speaker 1: jan driving point out, they don't have a choice who's 302 00:20:25,600 --> 00:20:29,040 Speaker 1: driving him them or whether mommy puts their seat belt on. 303 00:20:29,680 --> 00:20:35,200 Speaker 1: Who wants to drunk mommy? Nobody take a listen to 304 00:20:35,240 --> 00:20:38,399 Speaker 1: our friends at ks and TV news which this is 305 00:20:38,440 --> 00:20:41,600 Speaker 1: Emily Younger. A mother arrested accused of killing her young 306 00:20:41,720 --> 00:20:45,400 Speaker 1: daughter in an early morning crash southeast of Wichita. Nori 307 00:20:45,560 --> 00:20:48,960 Speaker 1: Limb was booked into jail on suspicion of involuntary manslaughter, 308 00:20:49,359 --> 00:20:52,800 Speaker 1: d Y, and transporting an open container. A lieutenant with 309 00:20:52,840 --> 00:20:56,240 Speaker 1: a Sagua County's Sheriff's Office says Limb was driving your 310 00:20:56,280 --> 00:20:59,040 Speaker 1: forty seventh Street south in one hundred and twenty seventh 311 00:20:59,119 --> 00:21:01,600 Speaker 1: Street East when her suv went off the road and 312 00:21:01,800 --> 00:21:06,480 Speaker 1: ruled Liam had minor injuries. Her fiderable daughter, Alia Reus died. 313 00:21:06,640 --> 00:21:09,840 Speaker 1: Lamb's bond is set at twenty five thousand dollars guarantee 314 00:21:09,880 --> 00:21:12,280 Speaker 1: you the baby wasn't not a seatbelt because still the 315 00:21:12,320 --> 00:21:16,120 Speaker 1: dichotomy mommy lives, baby dies on this scene, doesn't even 316 00:21:16,119 --> 00:21:18,960 Speaker 1: make it to the hospital. And let me just clarify 317 00:21:19,080 --> 00:21:25,680 Speaker 1: to you. James shell Nutt, former cop twenty seven years 318 00:21:25,840 --> 00:21:29,760 Speaker 1: Metro major case including SWAT now lawyer shall Nut Law 319 00:21:29,840 --> 00:21:35,040 Speaker 1: from dot com. She is charged with DUI driving under 320 00:21:35,080 --> 00:21:38,680 Speaker 1: the influence not impaired driving, which could be a point 321 00:21:38,720 --> 00:21:41,600 Speaker 1: ZO three or a point Z two. She's charged with 322 00:21:41,720 --> 00:21:46,800 Speaker 1: DUI and in this jurisdiction, Kansas. The legal limit for 323 00:21:46,960 --> 00:21:55,160 Speaker 1: blood alcohol BACS point zero eight. And that's very very 324 00:21:55,440 --> 00:22:01,440 Speaker 1: strictly proven. Got a good friend, former prosecutor or, misdemeanor prosecutor, 325 00:22:01,560 --> 00:22:07,359 Speaker 1: now very successful defense lawyer. That was his specialty, beating 326 00:22:07,440 --> 00:22:11,760 Speaker 1: the blood alcohol that's right. If the cop does anything 327 00:22:11,840 --> 00:22:17,920 Speaker 1: wrong taking that blood alcohol test, it's thrown out and 328 00:22:17,960 --> 00:22:20,639 Speaker 1: you've got nothing left to put in front of a jury. 329 00:22:21,080 --> 00:22:23,119 Speaker 1: What did you say, I thought she was drunk. No, 330 00:22:23,720 --> 00:22:26,800 Speaker 1: you've got to show the blood alcohol was properly taken, 331 00:22:26,840 --> 00:22:30,760 Speaker 1: the breathalyzer was done properly, then it was transported properly, 332 00:22:30,800 --> 00:22:35,760 Speaker 1: it was researched and determined scientifically properly, or else it's 333 00:22:35,760 --> 00:22:39,320 Speaker 1: thrown out of evidence, just like all other scientific evidence. 334 00:22:40,359 --> 00:22:42,240 Speaker 1: Jury will never hear it, and you lose your case 335 00:22:42,240 --> 00:22:45,240 Speaker 1: because you can't prove it. Just like we've been talking about, 336 00:22:45,359 --> 00:22:47,680 Speaker 1: was she drunk? We don't know what's your blood alcohol? 337 00:22:48,160 --> 00:22:52,080 Speaker 1: We do this, it's scientifically proven to be at least 338 00:22:52,200 --> 00:22:56,280 Speaker 1: point zero eight. What about that? Shall not put that 339 00:22:56,320 --> 00:22:59,560 Speaker 1: in your pipe and smoke it? So, yeah, you're right. 340 00:23:00,280 --> 00:23:02,879 Speaker 1: I remember from when I was a police officer, you know, 341 00:23:02,920 --> 00:23:05,000 Speaker 1: work in DUI cases I want to say that there's 342 00:23:05,000 --> 00:23:08,679 Speaker 1: over thirty different individual steps from the time that the 343 00:23:08,720 --> 00:23:12,000 Speaker 1: person has stopped until the time that they are placed 344 00:23:12,040 --> 00:23:14,880 Speaker 1: into jail, and officer has to check all of those lists. 345 00:23:14,920 --> 00:23:16,959 Speaker 1: And if they don't check those lists, and that includes, 346 00:23:17,000 --> 00:23:20,320 Speaker 1: you know, properly are reading the person, they're applied and 347 00:23:20,520 --> 00:23:25,400 Speaker 1: sent rights, properly handling the in talcs, what you get 348 00:23:25,440 --> 00:23:31,120 Speaker 1: to the police department, properly documenting everything, and the the 349 00:23:31,200 --> 00:23:34,560 Speaker 1: per se requirement in point of weight. That's important because 350 00:23:34,560 --> 00:23:38,959 Speaker 1: of this. If everything was done correctly in this case, 351 00:23:39,480 --> 00:23:43,000 Speaker 1: and it was point zero eight per se, per se 352 00:23:43,040 --> 00:23:45,920 Speaker 1: simply means that they don't have to prove anything else 353 00:23:46,000 --> 00:23:48,240 Speaker 1: other than that you were at that limit because you 354 00:23:48,359 --> 00:23:52,399 Speaker 1: are presumed by the court, you were declared by the 355 00:23:52,560 --> 00:23:56,080 Speaker 1: law to be dui. And that's a big deal. You know, 356 00:23:56,200 --> 00:23:59,120 Speaker 1: she's charged right now that according to the news reports, 357 00:23:59,119 --> 00:24:02,840 Speaker 1: with involuntary and slaughter. What you see a lot of 358 00:24:02,840 --> 00:24:07,080 Speaker 1: times in these cases is that that involuntary manslaughter charge 359 00:24:07,480 --> 00:24:10,320 Speaker 1: can be upgraded as high as a murder charge. And 360 00:24:10,400 --> 00:24:14,320 Speaker 1: I'm not so sure that the prosecutor's office is quite 361 00:24:14,359 --> 00:24:17,439 Speaker 1: done with her yet. Well, I can only pray, you know, 362 00:24:17,600 --> 00:24:22,560 Speaker 1: to Tim and Michelle Nagel. This is Kila's mother, Kella, 363 00:24:22,680 --> 00:24:25,879 Speaker 1: now in a wheelchair after being hit by a drunk driver, 364 00:24:26,600 --> 00:24:30,960 Speaker 1: battling back to some degree of normalcy. God willing. When 365 00:24:31,000 --> 00:24:34,800 Speaker 1: you hear us haggling back and forth, Tim and Michelle, 366 00:24:34,840 --> 00:24:41,920 Speaker 1: I know it seems superfluous, maybe even silly, because what's 367 00:24:41,960 --> 00:24:45,480 Speaker 1: the difference between point eight and point oh three when 368 00:24:45,480 --> 00:24:49,720 Speaker 1: you're dealing with helping your daughter reclaim her life every day? 369 00:24:50,480 --> 00:24:55,680 Speaker 1: But it does matter. It matters because the person behind 370 00:24:55,720 --> 00:24:59,920 Speaker 1: the wheel needs to be stopped. And if a cop 371 00:25:00,040 --> 00:25:03,800 Speaker 1: comes in and they somehow did not perform the blood 372 00:25:03,800 --> 00:25:06,879 Speaker 1: alcohol the breathalyzer correctly and I have to throw that 373 00:25:06,960 --> 00:25:10,200 Speaker 1: case out. What am I going to tell the victim's family? Yeah? Right. 374 00:25:10,280 --> 00:25:14,880 Speaker 1: That was one concern that we had when we met 375 00:25:14,880 --> 00:25:18,480 Speaker 1: with the prosecutor. I think like the defensive attorney was 376 00:25:18,520 --> 00:25:23,199 Speaker 1: trying to have that evidence suppressed. So that was a 377 00:25:23,280 --> 00:25:27,399 Speaker 1: huge concern for us when going to court, you know, 378 00:25:27,480 --> 00:25:29,960 Speaker 1: because they were trying to have it suppressed. I believe 379 00:25:30,000 --> 00:25:34,639 Speaker 1: we had a rookie cop who took the test, but 380 00:25:35,000 --> 00:25:38,240 Speaker 1: I mean eventually everything worked out, but that was a 381 00:25:38,320 --> 00:25:41,360 Speaker 1: huge concern for us. Guys, you're hearing from the Nago family. 382 00:25:41,840 --> 00:25:48,920 Speaker 1: Their daughter Keela was the victim of a dui crash 383 00:25:49,000 --> 00:25:54,119 Speaker 1: and it has affected their family more than anyone can know. 384 00:25:56,000 --> 00:25:59,919 Speaker 1: Back to the dui aspect of this case, I also 385 00:26:00,040 --> 00:26:02,879 Speaker 1: want to talk about the fact that not only was 386 00:26:03,040 --> 00:26:06,160 Speaker 1: the baby in the car, I believe not buckled into 387 00:26:06,160 --> 00:26:08,800 Speaker 1: a seatbelt, but what are they doing out? Do we 388 00:26:08,880 --> 00:26:13,000 Speaker 1: have any idea to Christy, Missouri Emmy Award winning investigative reporter, 389 00:26:13,600 --> 00:26:16,080 Speaker 1: what mommy was doing out with the baby at three 390 00:26:16,080 --> 00:26:20,600 Speaker 1: o'clock in the morning. Follow up investigations and they're backtracking 391 00:26:20,640 --> 00:26:25,680 Speaker 1: where she had been. Our leading police now that she 392 00:26:25,840 --> 00:26:30,040 Speaker 1: was out and about on Saturday evening with friends and 393 00:26:30,200 --> 00:26:35,440 Speaker 1: brought the little girl along. So where when she started, 394 00:26:35,560 --> 00:26:39,280 Speaker 1: you know, Saturday night, it continued into Sunday morning, and 395 00:26:39,800 --> 00:26:42,240 Speaker 1: you know, I guess she wanted a couple last swigs 396 00:26:42,320 --> 00:26:46,399 Speaker 1: on their way home and brought one to go to 397 00:26:46,520 --> 00:26:50,320 Speaker 1: go cut. That's what the most recent recent cop reports 398 00:26:50,320 --> 00:27:08,320 Speaker 1: are saying. Prime Stories with Nancy Grace, Guys, this is 399 00:27:08,359 --> 00:27:12,399 Speaker 1: not the first mommy to drive a drunk. Take a 400 00:27:12,440 --> 00:27:19,320 Speaker 1: listen to our friends at the Today Show NBC. Brian 401 00:27:19,440 --> 00:27:24,320 Speaker 1: Schuller was only five when his mother, sister, and cousins 402 00:27:24,640 --> 00:27:28,320 Speaker 1: were all killed in a violent crash. Brian was the 403 00:27:28,400 --> 00:27:32,679 Speaker 1: lone survivor. Mommy was Diane Schuler. She drove the family 404 00:27:32,680 --> 00:27:36,920 Speaker 1: minivan the wrong way on New York's Taconic Parkway, slamming 405 00:27:36,920 --> 00:27:41,280 Speaker 1: into an suv, killing all three inside the suv headed 406 00:27:41,320 --> 00:27:45,000 Speaker 1: to their own family dinner. The Schuller family was decimated 407 00:27:45,040 --> 00:27:48,840 Speaker 1: to Diane and her daughter were killed, along with all 408 00:27:49,000 --> 00:27:54,200 Speaker 1: her brother's kids, three young sisters, kids not moving. Yeah, 409 00:27:54,200 --> 00:27:56,679 Speaker 1: there's a whole bunch of kids. Honestly, the cart smash. 410 00:27:57,000 --> 00:28:00,320 Speaker 1: Just moments before the accident, one of the kids called 411 00:28:00,359 --> 00:28:05,639 Speaker 1: home worried by saying, Aunt Diane can't see Aunt Diane. 412 00:28:06,400 --> 00:28:10,960 Speaker 1: Something's wrong with Aunt Diane. Toxicology report showed Diane Schuler 413 00:28:11,080 --> 00:28:14,640 Speaker 1: was high on drugs and drunk behind the wheel, more 414 00:28:14,680 --> 00:28:17,879 Speaker 1: than double the legal limit. Guys, we were talking about 415 00:28:17,920 --> 00:28:21,119 Speaker 1: a horrific crash, and I won't say accident because the 416 00:28:21,320 --> 00:28:26,840 Speaker 1: mother in this case, Nori Lamb, was dui at least 417 00:28:26,880 --> 00:28:31,760 Speaker 1: point oz eight blood alcohol for a DUI charge. The victim, 418 00:28:32,119 --> 00:28:38,000 Speaker 1: her little five year old girl, Aliah Rays now dead 419 00:28:38,160 --> 00:28:41,560 Speaker 1: dead at the scene. As I was saying, she's by 420 00:28:41,600 --> 00:28:44,760 Speaker 1: far the first mommy to drive drunk and kill her 421 00:28:44,800 --> 00:28:47,880 Speaker 1: own children. Take a listen to our friend Andrew Canning 422 00:28:47,960 --> 00:28:51,200 Speaker 1: at GMABC. Before Schuler got onto the highway where she 423 00:28:51,280 --> 00:28:54,480 Speaker 1: made the fatal wrong turn, witnesses say she was driving 424 00:28:54,600 --> 00:28:57,840 Speaker 1: erratically along this road, weaving in and out of traffic 425 00:28:57,920 --> 00:29:01,680 Speaker 1: and honking her horn. So what was wrong? Tuesday, police 426 00:29:01,720 --> 00:29:05,040 Speaker 1: revealed an answer. Dianne Shuler had a blood alcohol content 427 00:29:05,400 --> 00:29:08,600 Speaker 1: of point one nine percent. She'd had the equivalent of 428 00:29:08,720 --> 00:29:12,240 Speaker 1: ten drinks, elevating her blood alcohol level to almost two 429 00:29:12,280 --> 00:29:15,520 Speaker 1: and a half times the legal limit. Investigators recovered a 430 00:29:15,560 --> 00:29:20,440 Speaker 1: broken one point seven five leader bottle of vodka. Toxicology 431 00:29:20,480 --> 00:29:22,959 Speaker 1: also reveals that Dianne Shuler had a high level of 432 00:29:23,200 --> 00:29:27,360 Speaker 1: THHC in her blood. THHC is the active ingredient contained 433 00:29:27,360 --> 00:29:33,160 Speaker 1: a marijuana. Let me circle back to Alex at Mother's 434 00:29:33,160 --> 00:29:36,680 Speaker 1: Against Drunk Driving National President Alex we earlier heard James 435 00:29:36,680 --> 00:29:40,040 Speaker 1: shell Nutt, former cop now defense attorney, arguing maybe the 436 00:29:40,080 --> 00:29:44,120 Speaker 1: open container of alcohol and Nori Lamb's car was from 437 00:29:44,160 --> 00:29:48,320 Speaker 1: a previous day. Well, here we see the same thing 438 00:29:48,920 --> 00:29:52,040 Speaker 1: in the earlier case where there was a broken bottle 439 00:29:52,160 --> 00:29:55,640 Speaker 1: of vodka. I mean, I don't need anybody to add 440 00:29:55,680 --> 00:29:58,800 Speaker 1: two plus two for me to get four. You have 441 00:29:58,840 --> 00:30:02,520 Speaker 1: a crash. Your point, oh at least blood alcohol. You 442 00:30:02,600 --> 00:30:06,120 Speaker 1: got an open container, a booze in your car. I mean, 443 00:30:06,360 --> 00:30:09,000 Speaker 1: it's so obvious. It was a to go cup. She 444 00:30:09,040 --> 00:30:12,120 Speaker 1: hadn't had enough, she wanted more with her daughter right there, 445 00:30:12,160 --> 00:30:15,720 Speaker 1: and regardless, no matter when, no matter where, no matter why, 446 00:30:16,080 --> 00:30:18,800 Speaker 1: she should not have had an open container in the car. 447 00:30:19,280 --> 00:30:21,920 Speaker 1: I don't. It doesn't matter if it was from a 448 00:30:22,040 --> 00:30:26,160 Speaker 1: previous incident. The open container in the car is against 449 00:30:26,200 --> 00:30:30,120 Speaker 1: the wall, and she should not have had an open 450 00:30:30,160 --> 00:30:35,280 Speaker 1: container in her car. Ever, But the fact that no 451 00:30:35,280 --> 00:30:37,240 Speaker 1: one should have an open container in their car, and 452 00:30:37,280 --> 00:30:40,360 Speaker 1: the fact that someone is intoxicated as well as having 453 00:30:40,360 --> 00:30:42,160 Speaker 1: an open container, I mean, I agree with you two 454 00:30:42,200 --> 00:30:45,800 Speaker 1: plus two, but there are open container walls regardless of 455 00:30:46,120 --> 00:30:48,600 Speaker 1: win or why have you ever noticed? Just got Morgan, 456 00:30:48,680 --> 00:30:52,040 Speaker 1: Professor forensics. You've been on your death investigator, You've been 457 00:30:52,040 --> 00:30:57,640 Speaker 1: on so many scenes. I've noticed repeatedly, the dront person lives, 458 00:30:58,280 --> 00:31:02,640 Speaker 1: in the innocent person dies. Why is that? Well, one 459 00:31:02,680 --> 00:31:08,360 Speaker 1: of the things is that as the more intoxicated you are, 460 00:31:10,080 --> 00:31:15,720 Speaker 1: these essentially the ethanol, the alcohol itself acts as a 461 00:31:15,800 --> 00:31:19,760 Speaker 1: relaxant in your body, so you're totally relaxed. So let's say, 462 00:31:19,800 --> 00:31:22,400 Speaker 1: for instance, when you're driving down the road, and I 463 00:31:22,480 --> 00:31:24,560 Speaker 1: know a lot of people in our audience can identify 464 00:31:24,600 --> 00:31:26,760 Speaker 1: with this, how many people have been hit or you 465 00:31:26,800 --> 00:31:29,800 Speaker 1: see an accident coming at you. One of the things, 466 00:31:29,800 --> 00:31:33,440 Speaker 1: if you're not inebriated, you're gonna grab the steering wheel 467 00:31:33,520 --> 00:31:35,520 Speaker 1: very tightly. You're going to tense up every muscle in 468 00:31:35,520 --> 00:31:39,080 Speaker 1: your body so that when you get hammered by an 469 00:31:39,080 --> 00:31:42,200 Speaker 1: oncoming vehicle or you're running off the road, you're so 470 00:31:42,360 --> 00:31:47,080 Speaker 1: tense that you're gonna wind up with multiple contusions and 471 00:31:47,200 --> 00:31:50,360 Speaker 1: potentially broken bones, head injuries, all that stuff. Hey man, 472 00:31:50,600 --> 00:31:54,320 Speaker 1: when you're intoxicated, you're on the verge of being sedated, 473 00:31:54,480 --> 00:31:57,960 Speaker 1: so you're totally relaxed. So you're just gonna kind of 474 00:31:58,000 --> 00:32:00,480 Speaker 1: float about. Now you're gonna get deemed up up in 475 00:32:00,480 --> 00:32:02,200 Speaker 1: a lot of these people do if I get killed. 476 00:32:02,400 --> 00:32:06,080 Speaker 1: But you've got a higher probability of surviving that accident 477 00:32:06,120 --> 00:32:08,479 Speaker 1: because you're in kind of a relaxed state at that 478 00:32:08,520 --> 00:32:11,480 Speaker 1: point in time. Alex Auti mad National President. You said 479 00:32:11,600 --> 00:32:15,240 Speaker 1: earlier that this is no accident. I agree with you 480 00:32:15,280 --> 00:32:18,000 Speaker 1: because I believe, just as I would have to prove 481 00:32:18,160 --> 00:32:22,400 Speaker 1: intent mens rea under the law malice of forethought, even 482 00:32:22,440 --> 00:32:25,480 Speaker 1: if it was just for a few moments before a death. 483 00:32:26,600 --> 00:32:30,360 Speaker 1: I would argue to a jury that every single decision 484 00:32:30,840 --> 00:32:34,480 Speaker 1: was intentional and leading up to a death. The decision 485 00:32:34,520 --> 00:32:37,480 Speaker 1: to drink, the decision to get your keys and walk 486 00:32:37,520 --> 00:32:40,320 Speaker 1: to your car, the decision to crank up, put it 487 00:32:40,360 --> 00:32:43,080 Speaker 1: in reverse, put it in drive, go out onto an 488 00:32:43,080 --> 00:32:49,440 Speaker 1: open roadway. All of those are intentional decisions. And voluntary 489 00:32:49,520 --> 00:32:52,240 Speaker 1: use of drugs or alcohol is not a defense under 490 00:32:52,280 --> 00:32:55,360 Speaker 1: the law. So you can't claim, well, that's why I 491 00:32:55,440 --> 00:32:59,920 Speaker 1: made these decisions. It's intentional. It's just like me picking 492 00:33:00,080 --> 00:33:02,280 Speaker 1: up a gun a shooting Jackie right here in the studio. 493 00:33:02,480 --> 00:33:06,200 Speaker 1: They're absolutely right. And what you said about making a 494 00:33:06,280 --> 00:33:09,360 Speaker 1: series of choices, I can seek to my case, of course, 495 00:33:09,400 --> 00:33:11,640 Speaker 1: And do I believe that the man who ran me 496 00:33:11,720 --> 00:33:14,320 Speaker 1: over set out that morning to try and kill me? No, 497 00:33:14,480 --> 00:33:16,640 Speaker 1: of course not, he didn't know me. But I do 498 00:33:16,760 --> 00:33:19,240 Speaker 1: believe that he made a series of choices, one of 499 00:33:19,280 --> 00:33:22,560 Speaker 1: which involved consuming a large amount of alcohol that led 500 00:33:22,600 --> 00:33:25,880 Speaker 1: to my near death and loss of my leg. And 501 00:33:25,920 --> 00:33:28,280 Speaker 1: so I believe that it is a series of choices. 502 00:33:28,680 --> 00:33:32,320 Speaker 1: There's nothing accidental about that, and it is a serious crime. 503 00:33:32,560 --> 00:33:34,800 Speaker 1: Drunk driving is one of the leading causes of death 504 00:33:34,840 --> 00:33:38,120 Speaker 1: among our nation's children, and more than half of children 505 00:33:38,200 --> 00:33:40,840 Speaker 1: killed and drunk driving classes are killed by their own 506 00:33:40,920 --> 00:33:45,760 Speaker 1: drinking driver. Alex, how has being a victim of a 507 00:33:46,400 --> 00:33:52,240 Speaker 1: driver and losing your leg? How has that affected your life? 508 00:33:52,600 --> 00:33:55,440 Speaker 1: There's no way in which it hasn't affected my life. 509 00:33:56,440 --> 00:33:59,040 Speaker 1: I struggle a lot with the fact that the man 510 00:33:59,080 --> 00:34:01,520 Speaker 1: who ran me over got off, and so he gets 511 00:34:01,520 --> 00:34:05,640 Speaker 1: to forget There will never be a single second, but 512 00:34:05,760 --> 00:34:08,200 Speaker 1: I get to forget what he did to me because 513 00:34:08,239 --> 00:34:10,120 Speaker 1: I have a traumatic brain injury and I wake up 514 00:34:10,120 --> 00:34:12,759 Speaker 1: and put a leg on every morning, and so there's 515 00:34:12,800 --> 00:34:16,200 Speaker 1: absolutely no part of my life that it hasn't affected. 516 00:34:16,680 --> 00:34:19,160 Speaker 1: And for that reason, I wanted to be the last 517 00:34:19,160 --> 00:34:21,719 Speaker 1: little girl that this ever happened to. And I know, 518 00:34:22,440 --> 00:34:26,000 Speaker 1: more than ten years later and from this conversation today, 519 00:34:26,040 --> 00:34:29,200 Speaker 1: that I wasn't. But we at mad and me and 520 00:34:29,239 --> 00:34:32,480 Speaker 1: myself personally will continue to fight until that day comes, 521 00:34:32,600 --> 00:34:36,600 Speaker 1: until there is a last victim of drunk driving. This 522 00:34:36,800 --> 00:34:40,920 Speaker 1: is by far the first or the last driving incident 523 00:34:40,960 --> 00:34:44,480 Speaker 1: that causes a death or in Kiella Nagel's case a 524 00:34:44,600 --> 00:34:52,399 Speaker 1: life altering injury. Take a listen to Chris Holmstrom at 525 00:34:52,480 --> 00:34:55,520 Speaker 1: KCAL nine. One of the boys was pronounced dead on 526 00:34:55,560 --> 00:34:58,440 Speaker 1: the scene, the other died at the hospital able to run. 527 00:34:58,520 --> 00:35:00,680 Speaker 1: She's a well known figure in the community. She even 528 00:35:00,719 --> 00:35:03,200 Speaker 1: appeared on KCAL nine News at noon last year to 529 00:35:03,280 --> 00:35:05,719 Speaker 1: help raise funds for charity. It really is, you know 530 00:35:06,200 --> 00:35:09,960 Speaker 1: about collaborating. She's the founder and chair of the Grossman 531 00:35:10,040 --> 00:35:13,839 Speaker 1: Burn Foundation. She's also been recognized for her humanitarian work 532 00:35:13,840 --> 00:35:16,719 Speaker 1: across the world. Now she's faced with two counts of 533 00:35:16,760 --> 00:35:20,440 Speaker 1: vehicular manslaughter. Authorities say she was driving in her the influence. 534 00:35:20,680 --> 00:35:23,040 Speaker 1: It's senseless because it could have been avoided simply by 535 00:35:23,120 --> 00:35:28,520 Speaker 1: using uber lyft, even calling a friend, and now two 536 00:35:28,600 --> 00:35:31,840 Speaker 1: muslike families are going to be affected by this for generations. 537 00:35:32,000 --> 00:35:34,719 Speaker 1: Captain Vassah also told me Grossman did not stay on 538 00:35:34,760 --> 00:35:37,879 Speaker 1: the scene and was arrested a quarter mile up the road. 539 00:35:38,160 --> 00:35:40,640 Speaker 1: She was booked on a two million dollar bail, and 540 00:35:40,719 --> 00:35:44,120 Speaker 1: authorities believe there's also a second vehicle involved. That's all 541 00:35:44,200 --> 00:35:49,240 Speaker 1: part of this investigation. Plowing into a family of six, 542 00:35:50,520 --> 00:35:56,040 Speaker 1: killing family members, then fleeing the scene. A well known socialite. 543 00:35:56,640 --> 00:36:01,960 Speaker 1: Does it never end mommies that drive a drunk? In 544 00:36:02,080 --> 00:36:08,920 Speaker 1: this case, little aliah rais dead to Tim and Michelle 545 00:36:09,120 --> 00:36:13,600 Speaker 1: Nagel standing by now with their daughter Kila, also a 546 00:36:13,680 --> 00:36:19,080 Speaker 1: junk driving victim. What is your message today, Nagel family. 547 00:36:19,200 --> 00:36:23,440 Speaker 1: You would just love if everybody could just when they 548 00:36:23,440 --> 00:36:25,879 Speaker 1: get in the car, make sure you're responsible. You can 549 00:36:27,560 --> 00:36:32,600 Speaker 1: just follow the law. You can truly destroy a family 550 00:36:33,640 --> 00:36:37,439 Speaker 1: and a lot of people by choosing to get behind 551 00:36:37,480 --> 00:36:43,520 Speaker 1: the wheel drunk and or high team medicine or whatever 552 00:36:43,560 --> 00:36:47,960 Speaker 1: it is. It impairs a driver. And you know, we 553 00:36:48,239 --> 00:36:55,400 Speaker 1: lost our daughter. She is figuously here, but um she's 554 00:36:56,520 --> 00:37:01,520 Speaker 1: she's not. And when a doctor told us that you'll 555 00:37:01,560 --> 00:37:05,919 Speaker 1: never have your old tale back, and um, she'll never 556 00:37:05,960 --> 00:37:11,200 Speaker 1: be the same. And we're just holding on the faith 557 00:37:11,320 --> 00:37:16,279 Speaker 1: that will. We're getting her back, and you know, focusing 558 00:37:16,320 --> 00:37:19,239 Speaker 1: everything on her and trying to get her better. And 559 00:37:20,360 --> 00:37:23,879 Speaker 1: it's it's hard for a mom dad to sit here 560 00:37:23,880 --> 00:37:28,160 Speaker 1: and watch, um, just the opportunity that she had for 561 00:37:28,239 --> 00:37:34,480 Speaker 1: her future, it's all it's stolen. And because you know, 562 00:37:34,520 --> 00:37:36,279 Speaker 1: when somebody gets behind the wheel of the car, you 563 00:37:36,320 --> 00:37:38,799 Speaker 1: just need to make sure you're responsible. Michelle Nay going 564 00:37:38,880 --> 00:37:42,120 Speaker 1: there after the murder of my fiancee. Often I would 565 00:37:42,120 --> 00:37:46,879 Speaker 1: wake up in the morning and just about maybe one 566 00:37:47,000 --> 00:37:49,680 Speaker 1: or two seconds, I would think everything was okay. Then 567 00:37:49,680 --> 00:37:54,439 Speaker 1: it would hit me, what was happening? Do you ever 568 00:37:54,520 --> 00:38:04,759 Speaker 1: wake up and think it's before the crash? Um? Sometimes yes, Um, 569 00:38:05,040 --> 00:38:07,000 Speaker 1: but I feel like our life right now is just 570 00:38:07,040 --> 00:38:11,319 Speaker 1: so consumed with h you know, therapy and just um, 571 00:38:12,080 --> 00:38:15,359 Speaker 1: you know, trying to make sure that she gets better. Um. 572 00:38:15,440 --> 00:38:19,520 Speaker 1: Sometimes it's hard, uh, you know for us to remember, um, 573 00:38:19,840 --> 00:38:23,920 Speaker 1: how it was before the crash. Um, you know, just 574 00:38:24,080 --> 00:38:28,040 Speaker 1: missed her every day. I'm sorry, and we do. We 575 00:38:28,120 --> 00:38:31,200 Speaker 1: have a lot of video. We always have a video 576 00:38:31,239 --> 00:38:34,399 Speaker 1: camera on us, so from when they were born, all 577 00:38:34,480 --> 00:38:37,800 Speaker 1: three of our kids, we have just videos we can watch. 578 00:38:37,880 --> 00:38:41,520 Speaker 1: And before we went to court, it was really tough 579 00:38:41,680 --> 00:38:45,720 Speaker 1: looking through all the videos pictures of her being born. 580 00:38:45,920 --> 00:38:50,080 Speaker 1: For the accident, just it rips your heart out. And 581 00:38:50,120 --> 00:38:53,719 Speaker 1: it basically we made the video for court, um, just 582 00:38:53,840 --> 00:38:58,879 Speaker 1: to present the judge where look, this is my precious daughter. 583 00:38:59,520 --> 00:39:04,880 Speaker 1: Her life was stolen by someone that was drinking and 584 00:39:05,840 --> 00:39:09,920 Speaker 1: I'm driving. So as a parent it's really hard to 585 00:39:11,040 --> 00:39:14,600 Speaker 1: do deal through all this and a lot of other 586 00:39:14,600 --> 00:39:18,200 Speaker 1: stuff behind the scenes that we're dealing with, but you 587 00:39:18,239 --> 00:39:21,759 Speaker 1: know we're gonna just thank God. I couldn't imagine doing 588 00:39:21,760 --> 00:39:25,440 Speaker 1: all without God. To Christy Missouri, Joe Scott Morgan, doctor 589 00:39:25,480 --> 00:39:29,680 Speaker 1: Alan Blackey, James shell nutt Alex Atti, I know you 590 00:39:29,840 --> 00:39:34,239 Speaker 1: heard everything the Nakeles just said. All of us and 591 00:39:34,400 --> 00:39:37,600 Speaker 1: all of you listening. We have our work cut out 592 00:39:37,640 --> 00:39:41,120 Speaker 1: for us. Don't we keep the faith? Friends,