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Speaker 1: Crime Stories with Nancy Grace talk about self centered. The

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Speaker 1: alleged drunk driver who kills four people at a nel

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Speaker 1: salon speaks out after the horrific crash, and what does

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Speaker 1: he say? I'm sick with guilt. I feel horrible. I

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Speaker 1: want to speak to the families of my victims. I

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Speaker 1: want to donate any money I have to college funds

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Speaker 1: and funeral expenses. Oh hg lno. The man accused of

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Speaker 1: drunkenly plowing into a Long Island nel salon at seventy

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Speaker 1: eight mph, killing four, including an off duty nyp D cop.

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Speaker 1: She'd only been married one year. What does he say?

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Speaker 1: Quote it's over for me. What else does he say?

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Speaker 1: My goose is cooked? What else does he say? I

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Speaker 1: don't like to think about it. I bet he doesn't.

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Speaker 1: What more do we know about a crash? A horrible crash,

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Speaker 1: deadly four times over, caused by former marine Stephen Schwally.

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Speaker 1: Now he's trying to use being a marine in the

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Speaker 1: past as a defense. I doubt the Marines are going

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Speaker 1: to look very kindly on him shrouding himself in the

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Speaker 1: marine mystique as a defense for killing four people. All

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Speaker 1: but back to him, what happened? You know, so often

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Speaker 1: at trials I would have defense attorneys actually say to

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Speaker 1: a jury, where's the video. They can't prove this happened.

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Speaker 1: They can't prove that, let's just say this confession ever happened.

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Speaker 1: They can't prove the cops didn't beat the guy into

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Speaker 1: a confession. But guess what. There is video? What you

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Speaker 1: what exactly happened?

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Speaker 2: Listen shocking video released of the moments leading up to

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Speaker 2: a devastating crash that claimed four lives at a nail

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Speaker 2: salon on Long Island. The horrific footage appears to show

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Speaker 2: the X Marine visibly disheveled buying liquor before getting behind

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Speaker 2: the wheel of his suv and allegedly turning his vehicle

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Speaker 2: into a deadly battering ram.

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Speaker 1: The alleged killer, as a matter of fact, as far

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Speaker 1: as I can tell, he's actually wobbling as he walks

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Speaker 1: into the liquor store, this before plowing through a glass window,

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Speaker 1: killing four injuring nine others. The crash is well, everybody

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Speaker 1: running out onto the sidewalk to see what happened. Ps,

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Speaker 1: it's my understanding. To Lauren Conlin, joining US investigative reporter

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Speaker 1: and host of Primetime Crime on YouTube. It's my understanding.

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Speaker 1: It's estimated he was going seventy eight miles an hour

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Speaker 1: in a parking lot.

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Speaker 3: You're correct, Nancy, he was going seventy eight miles per

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Speaker 3: hour when he crashed clean through the Hawaii nail salon,

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Speaker 3: killing four people and injuring nine others, including a twelve

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Speaker 3: year old child.

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Speaker 1: Terrifying new footage showing a drunk ex marine narrowly missing

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Speaker 1: pedestrians on the sidewalk before plowing through a glass window,

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Speaker 1: killing four, including a lady cop a lady cop off duty.

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Speaker 1: Joining me An All Star panel to make sense of

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Speaker 1: what we know right now, but.

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Speaker 4: First listen inside Hawaiian nail and spa. Four people are dead,

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Speaker 4: nine others injured, some very seriously. One of those killed

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Speaker 4: is NYPD officer Amelia Renneck. The thirty year old was

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Speaker 4: assigned to the one hundred and second Precinct in Queens,

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Speaker 4: where her husband, Karl Rennick, is a detective. The renex

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Speaker 4: were a month away from celebrating their one year anniversary.

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Speaker 4: Amelia Rennick was getting her nails done for a friend's

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Speaker 4: upcoming wedding, again joining me.

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Speaker 1: An All Star panel, but first again to Lauren Colin

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Speaker 1: joining us if that's again the reporter, Lauren, what happened?

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Speaker 3: The ex unemployed marine hit that liquor store at eleven

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Speaker 3: AM and he bought two pints of Long Island iced tea.

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Speaker 3: And this was after he drank eighteen beers the night before.

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Speaker 3: This is what he told law enforcement after the fact.

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Speaker 3: So around four forty pm is when you see that

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Speaker 3: video footage of him speeding through that strip Mall parking lot,

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Speaker 3: which is a large parking lot, and he went seventy

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Speaker 3: eight miles per hour and went clean through through that

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Speaker 3: mail salon, actually dragging the four victims underneath his.

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Speaker 1: Cart, dragging them inside and nail salon and SYI. A

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Speaker 1: Long Island iced tea is known for high alcohol content,

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Speaker 1: made with vodka, tequila, gin rum, Triple Sick, and lemon

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Speaker 1: jeeves vodka, tequila, gin rum and triple Sick. Okay um.

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Speaker 1: It's usually topped off with a refreshing hint of cola

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Speaker 1: and complimentary spirits deliciously intermingled. Of course I was reading

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Speaker 1: that part deliciously intermingled. Okay, you know what this guy did?

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Speaker 1: You say, two pints? Two pints of Long Island Iced tea.

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Speaker 1: I did say that two pints.

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Speaker 3: They're three hundred and seventy five milliliters, so that's two pints.

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Speaker 1: Joining me Erica in the MAD National Ambassador Mad Mothers

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Speaker 1: Against Driving Erica, does it ever end? You know, Nancy,

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Speaker 1: that is a great question.

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Speaker 5: We are facing a public health and safety crisis on

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Speaker 5: our roadways today like never before. But before I continue

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Speaker 5: to address that on behalf of MAD, I want to

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Speaker 5: send our deepest condolences and support to the victims that

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Speaker 5: have been affected by this senseless, violent, one hundred percent

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Speaker 5: preventable crime. You know, there are so many parts of

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Speaker 5: this story that remind me of what happened to myself

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Speaker 5: when my parents were killed in October of twenty sixteen.

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Speaker 5: You know, there is a whole misconception that these drunk

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Speaker 5: driving crashes happen after a night of binging in a bar.

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Speaker 5: I could tell you that they're happening every thirty nine

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Speaker 5: seconds in this country.

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Speaker 1: That's astounding to me.

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Speaker 5: And my parents' killer drank a bottle of Jack Daniels

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Speaker 5: at home, got in her vehicle, drove to a bar,

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Speaker 5: had two Vodkas, two buybacks. When she stumbled out of

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Speaker 5: the bar and drove on a residential area going sixty

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Speaker 5: nine miles per hour, hit my parents dead on and

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Speaker 5: threw them sixty feet into a wooded area. Like this case,

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Speaker 5: there was also pedestrians on the street that had to

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Speaker 5: run out of the way or he would have hit

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Speaker 5: them as well.

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Speaker 1: She would have hit them as well.

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Speaker 5: And sadly, probably most sadly, this woman was on her

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Speaker 5: way to pick up her three, five and seven year

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Speaker 5: old children, And there is no doubt in my mind

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Speaker 5: that my parents were the ones that stopped them from dying.

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Speaker 5: She hit them, my parents before she got to her children,

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Speaker 5: or I am sure her children would be alive today.

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Speaker 1: You know Eric Kalynn, the mad national ambassador, very often

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Speaker 1: and I've seen this happen over and over and over.

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Speaker 1: Now this is anecdotal, in other words, an anecdote a story.

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Speaker 1: I don't have a statistic to back it up. Probably

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Speaker 1: be too hard to gather this type of statistic. A

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Speaker 1: lot of people wouldn't want to admit to it. But

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Speaker 1: I watched many many ten years and before that three

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Speaker 1: years is a fed in a very very highly concentrated

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Speaker 1: area where we would have literally thousands of cases a

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Speaker 1: year each prosecutor. Vehicular homicides, which they're euphemistically called drunk

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Speaker 1: driving murders, is what I call them. But vehicular hobicides

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Speaker 1: are often plaid down. You don't get life behind bars

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Speaker 1: for a vehicular homicide that doesn't happen. Why because to me,

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Speaker 1: this is a drunk driving murder. People argue, well, they

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Speaker 1: were drunk, but I didn't know what they were doing.

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Speaker 1: B s. You know, two pints of Long Island tea,

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Speaker 1: you know that, And make sure I don't even know

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Speaker 1: what I said, vodka jin triple sick. You know what

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Speaker 1: you're doing. You know when you get your car key out,

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Speaker 1: you know when you crank the car up, you know

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Speaker 1: when you put it in reverse and put it in

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Speaker 1: drive and go out on the road. You know that

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Speaker 1: each one, each one of those acts shows intent, intent

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Speaker 1: to drive drunk. Absolutely. Why don't we earbrush it?

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Speaker 5: You know, it's a great question because it is a

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Speaker 5: deliberate decision.

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Speaker 1: To get behind a wheel.

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Speaker 5: And you know, I remember my father teaching me how

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Speaker 5: to drive and saying to me, Erica, you're getting into

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Speaker 5: a four thousand pound weapon. This vehicle going into the

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Speaker 5: nail salon. It's horrifying.

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Speaker 1: It is.

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Speaker 5: It causes the most devastating consequences to everyone life that's

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Speaker 5: affected by this, And you know, the one thing that

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Speaker 5: you could never get over. You can never get over

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Speaker 5: the fact that they all should still be here. This

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Speaker 5: is not a natural death and it's one hundred percent preventable.

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Speaker 5: That's why it's going to take all of us together

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Speaker 5: as a community to make sure that we are consciously

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Speaker 5: making an effort to put it into impaired driving.

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Speaker 1: I mean, Eric Kalynn, you're the mad national ambassador. When

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Speaker 1: you think about so many of the drunk driving murder

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Speaker 1: victims that you have studied, or you think about your parents,

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Speaker 1: they are no less dead because their killer was completely

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Speaker 1: drunk at the time they died. Just I feel that

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Speaker 1: drunk drivers that commit homicides are treated differently. They're plaid down.

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Speaker 1: And so it's just the lady that you're talking about

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Speaker 1: that killed your parents. She sounds like a young mom,

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Speaker 1: and it's really a wolf in sheep's clothing, because you

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Speaker 1: see this soccer mom walking in with her children coming

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Speaker 1: into court and it's hard to believe she killed two people.

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Speaker 5: And for that, Nancy, she got four to twelve years

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Speaker 5: sentencing for killing two people and was out in three.

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Speaker 5: And my problem with that is they come back out

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Speaker 5: of jail and they recommit the same crimes over and

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Speaker 5: over and over again, so we get into a vicious cycle.

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Speaker 5: I just want to comment on this case if I

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Speaker 5: can too, because you know, very rarely, and I think

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Speaker 5: you mentioned this to Nancy, very rarely do we see

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Speaker 5: a murder charge adhere, and the grand jury's decision to

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Speaker 5: indict on murder charges sends an extremely powerful message that

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Speaker 5: drunk driving is a violent crime and it's not going

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Speaker 5: to be tolerated anymore. Two out of three people are

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Speaker 5: effected by drunk driving in their lifetimes. We have the

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Speaker 5: tools to stop this, and we must stop it, because

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Speaker 5: every day I get notices about more and more victims,

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Speaker 5: and I know their struggle is going to be life

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Speaker 5: long for the families and those that love these people

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Speaker 5: that have that pass through this horrific crime, and even

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Speaker 5: if they didn't pass, they have horrific life altering injuries

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Speaker 5: that last a lifetime. So this is a crisis on

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Speaker 5: our roadways right now, and it's going to take all

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Speaker 5: of us to stop it.

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Speaker 1: In the last days, horrifying new video emerging of the

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Speaker 1: moments leading up to this devastating crash. Now look at this.

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Speaker 1: You see the alleged purp, Stephen Schwally, visibly disheveled, buying

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Speaker 1: more alcohol at a local liquor store before he goes

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Speaker 1: on a deadly rampage. Lauren Colin, is my understanding that

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Speaker 1: this was his second trip in one day to the

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Speaker 1: liquor store.

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Speaker 3: Correct, this was his second trip in one day. You

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Speaker 3: can see at the timestamp it's eleven o'clock at that time, and.

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Speaker 1: He returns crime stories with Nancy Grace. Me me, me, me, me, me, me,

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Speaker 1: me me and me. Yes, that's all Schwally is thinking about.

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Speaker 1: Now he's sobered up in sitting behind bars, and what

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Speaker 1: does he say? It's over for me. My goose is cooked.

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Speaker 1: All he does is talk about himself. This guy reportedly

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Speaker 1: guzzles several bottles of Montebello Long Island iced tea and

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Speaker 1: more before he hits the gas and plows through a

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Speaker 1: nail salon. Now he's talking about his goose is cooked.

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Speaker 1: It's hard for me to take in when I think

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Speaker 1: about the families devastated by him driving drunk, not just

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Speaker 1: drunk over double the legal limit. He's even wobbling. He

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Speaker 1: can't even stand up straight when he goes for his

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Speaker 1: second visit to the liquor store in one day.

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Speaker 4: What exactly happened Listen making his regular liquor store purchase

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Speaker 4: of two bottles of forty two proof Long Island Tea,

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Speaker 4: Steven Schwally spends the next five hours drinking his Long

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Speaker 4: Island Tea and driving around Suffoc County in his twenty

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Speaker 4: twenty Chevy Traverse. At four thirty two pm, Shwally arrives

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Speaker 4: back where he started at Sands liquor store. Only this

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Speaker 4: time he comes barreling through an intersection, running a red

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Speaker 4: light at a high rate of speed, going airborne, speeding

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Speaker 4: through the parking lot, navigating an empty parking spot, hitting

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Speaker 4: a curb, and slamming into the front window of Hawaii

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Speaker 4: Nail and Spa next door to sand Slicker's Good Gravy.

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Speaker 1: That was our friend. Dave Mac at crimeonline dot Com,

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Speaker 1: Hold on just a moment. I've got to dissect each sentence,

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Speaker 1: because each sentence is very It's highly probitive. In other words,

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Speaker 1: it proves something at trial. H Joining me is ben

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Speaker 1: powers high profile criminal defense attorney, and you can find

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Speaker 1: them online at legalpowers dot com, but first to Joseph Trembley,

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Speaker 1: principal engineer accident of reconstructionist at VERA Tech Consulting Engineering

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Speaker 1: Veritecheng dot com Vera Tech. Joseph Trembley, thank you for

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Speaker 1: being with us. Joe, can we analyze what I just heard? Okay?

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Speaker 1: Making his regular liquor store purchase of two bottles of

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Speaker 1: forty two proof Long Island iced tea. Had to look

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Speaker 1: that up. You know I'm gonna each oler. Joe Shwally

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Speaker 1: spends the next five hours drinking the Long Island tea

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Speaker 1: and driving around, riving around Suffolk County. Why it is

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Speaker 1: Chevy Traverse. Four point thirty two pm, he arrives back

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Speaker 1: where he started at the liquor store, this time barreling

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Speaker 1: through an intersection, running a red light at we think

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Speaker 1: seventy eight mph, going airborne, speeding through the parking lot,

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Speaker 1: navigating an empty parking spot, hitting the curb that should

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Speaker 1: have slowed him down if I stopped him, but no.

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Speaker 1: He slams through the front window of Hawaii Nail and Spa,

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Speaker 1: right next door to the liquor store. Stance liquor store.

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Speaker 1: Didn't they notice he had already come in once and

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Speaker 1: he was wobbling when he walked in. Okay, that's a

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Speaker 1: whole nother question for Ben Powers to Joe Trembley analyze

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Speaker 1: what forensic evidence exists to support the scenario I just

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Speaker 1: laid out.

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Speaker 6: Thanks for pointing that out. We have a couple of

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Speaker 6: pieces of evidence here that were probably very important to

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Speaker 6: the responding officers in this case. The first is all

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Speaker 6: of the footage that we have of this driver driving

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Speaker 6: through this parking lot prior to crossing the road and

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Speaker 6: then entering into the nail seal on where the accident

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Speaker 6: actually occurred. The second piece of information that was probably

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Speaker 6: even more important for their investigation was the information that

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Speaker 6: was taken from the vehicle's black box. Now, that information

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Speaker 6: typically includes speed of the vehicle prior to impact. Believe

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Speaker 6: it or not, it can record usually around five seconds

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Speaker 6: of impact related speed data prior to impact. And then

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Speaker 6: also what's also very important here is any sort of

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Speaker 6: driver input. So a lot of times that black box

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Speaker 6: data can include whether or not the driver was applying

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Speaker 6: the accelerator pedal and whether or not the driver was

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Speaker 6: steering in any sort of way. And I believe what

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Speaker 6: was taken from that data was that there was an

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Speaker 6: accelerator pedal application all the way up to impact. There

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Speaker 6: was no actual attempt for any sort of breaking maneuver

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Speaker 6: prior to entering the nail salon. And one other thing

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Speaker 6: I wanted to point out here that's really kind of

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Speaker 6: suspect as to this driver's inputs was the fact that

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Speaker 6: he was steering as he was driving through this parking

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Speaker 6: lot before impact, and that suggests to me that he

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Speaker 6: was actually cognizant and aware of his surroundings.

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Speaker 1: I've got to dissect what you're saying. You're saying he

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Speaker 1: is steering as he's driving. You know what, that's actually

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Speaker 1: really important. Holds your thoughts show to Binpowers joining me Veteran,

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Speaker 1: a lawyer at legalpowers dot com. Been Many argue that

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Speaker 1: voluntary consumption of drugs or alcohol somehow lessons your degree

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Speaker 1: of culpability. Know under our law, voluntary use of drugs

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Speaker 1: or alcohol, it's not a defense. Now, some may argue

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Speaker 1: he didn't know what he was doing. He knew enough.

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Speaker 1: As Joe Trembley from Veritech, who has reconstructed countless crashes

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Speaker 1: and other accidents, this isn't an accident. This is a crash.

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Speaker 1: He says the defendant knew enough, was cognizant enough to steer,

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Speaker 1: he knew his way back to the liquor store, that's

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Speaker 1: where he's going. That would suggest he was not commentosed,

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Speaker 1: He wasn't passed out behind the wheel, which adds to

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Speaker 1: my argument of intent.

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Speaker 7: So with regard to this case specifically, it's a little

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Speaker 7: unique in the sense of you do have a second

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Speaker 7: degree murder charge included with the vehicular homicide charges and

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Speaker 7: the other assorted assault charges for the pedestrians that he dodged,

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Speaker 7: for the other individuals that were in the spa that

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Speaker 7: were not killed, and so it is different, but it

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Speaker 7: is you know, with the way that he's navigating the road,

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Speaker 7: he's swerving around cars, he's barely missing cars, he's dodging pedestrians,

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Speaker 7: is across the crosswalk, and then he does, unfortunately, thread

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Speaker 7: the needle and goes right into the only empty parking

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Speaker 7: spot at the SPA parking lot, which is what causes

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Speaker 7: him to go into the building. I think that's what

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Speaker 7: makes this a second degree murder case, or why the

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Speaker 7: prosecutor went with that charge. I don't think it's because

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Speaker 7: it's a dui. I think the dui aspect of the

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Speaker 7: case is really just the final nail in his coffin,

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Speaker 7: because drunk or not, with the type of driving he

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Speaker 7: was exhibiting and the speeds he was going, that is

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Speaker 7: arguably a second degree murder case.

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Speaker 1: You use the phraseology he could thread the needle. What

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Speaker 1: did you mean by that?

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Speaker 7: Well, I mean is the type of control that took

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Speaker 7: to go into the only empty parking spot, Because if

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Speaker 7: he doesn't hit that empty parking spot, he either hits

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Speaker 7: the white van to his left, or he hits the

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Speaker 7: red looks like a Corolla to his right, he hits.

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Speaker 1: Either of those vehicles.

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Speaker 7: None of this happens, but he's able to, at seventy

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Speaker 7: eight miles an hour, go into the only empty parking

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Speaker 7: spot at the parking lot. So clearly, if I was

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Speaker 7: the prosecutor, I would be arguing that he was in

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Speaker 7: control because that's going to help make it a second

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Speaker 7: degree murder case for the prosecutor. Now, if I'm on

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Speaker 7: the defense side, I'm leaning on the fact that this

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Speaker 7: is a very unfortunate dui that had tragic consequences, because

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Speaker 7: vehicular homicide, if it's a DUI, is substantially consequences and

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Speaker 7: risks for mister Shwally and the consequences of a second

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Speaker 7: degree murder conviction. I don't know enough about mister Shwally,

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Speaker 7: his body mechanics, the way he carries himself. I do

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Speaker 7: see the argument with him making the statement they had

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Speaker 7: eighteen beers that day that could lean towards He's already

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Speaker 7: impaired when we see him in this video. Or he

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Speaker 7: could just be an old marine veteran and that's just

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Speaker 7: kind of how he shuffles around in life.

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Speaker 1: I haven't even gotten to tell you about who the

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Speaker 1: four murdered victims are. The owner of the salon, he's

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Speaker 1: a father, a husband, and his wife has horrible injuries.

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Speaker 1: She is going to have multiple surgeries to look forward to.

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Speaker 1: The off duty lady cop, and the others just trying

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Speaker 1: to make a living at the nail salon when this

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Speaker 1: guy Swally literally comes plowing through the nail salon window,

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Speaker 1: killing four. Let me go to Erica Lynn joining us

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Speaker 1: mad national Ambassador Erica. These people, several of them running

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Speaker 1: out clutching their bags, multiple bags of liquor. They don't

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Speaker 1: go help, They run to their car. I just wondered,

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Speaker 1: why did they not want to speak to cops and

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Speaker 1: if so, why, I honestly think they were in shock.

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Speaker 5: I mean, you have to understand that these crashes happened

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Speaker 5: so quickly and so intensely that anybody surrounding them is

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Speaker 5: going to be in a state of shock to see

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Speaker 5: a seventy you know a vehicle go into a nail

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Speaker 5: salon at such a high speed.

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Speaker 1: You know.

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Speaker 5: And the other thing is they may not have thought

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Speaker 5: it was uh, you know. I don't want to use

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Speaker 5: the word unintentional, because we have defined that this is

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Speaker 5: intentional because you got behind a wheel. But they may

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Speaker 5: have thought it was some kind of act of terrorism

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Speaker 5: or something like that. Yeah, I mean, there are many

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Speaker 5: reasons why people react the way they do when they're

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Speaker 5: in shop.

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Speaker 1: Yeah, you're right, and you.

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Speaker 5: Know, and I believe that's the case with these innocent bystanders.

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Speaker 1: Yeah, you know what, you could be right. My line

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Speaker 1: producer insists that it's because they all have alcohol in

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Speaker 1: their breast and they don't want cops to find out.

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Speaker 1: I tend to believe you are correct. The one guy

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Speaker 1: was not clutching liquor. The other people were, and they

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Speaker 1: made a run for it. They wanted to get away

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Speaker 1: from that scene as fast as they could listen to this.

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Speaker 4: The twenty twenty Chevrolet re Verse, being driven by Stephen Schwally,

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Speaker 4: crashes through the front window of Hawaii Nail and Spot

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Speaker 4: at about seventy eight miles per hour. Four people are

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Speaker 4: dragged under the vehicle, while nine others are thrown in

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Speaker 4: what is described as a violent explosion that somebody's flying everywhere.

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Speaker 4: The suv has finally stopped when it crashes into the

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Speaker 4: back of the store.

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Speaker 1: Two. Joseph Trimbley, Principal engineer exer reconstructionist at Verite. How

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Speaker 1: do I know? How can I prove he was going

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Speaker 1: seventy eight miles an hour? And you'd have thought that

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Speaker 1: bumping over that curve would have slowed him down, but

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Speaker 1: it didn't.

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Speaker 6: You know, that's a great point. The speed is something

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Speaker 6: that they probably got from the black box data of

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Speaker 6: the vehicle. Again, there's a couple of data points that

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Speaker 6: they can go off of there. And first off, we

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Speaker 6: have what appears to be a high rate of speed

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Speaker 6: as he crosses the road, so much so that he

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Speaker 6: actually goes airborne and clears the curb on the opposite

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Speaker 6: side of the road. But the speed itself really there's

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Speaker 6: no way to do an accurate reconstruction based on the

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Speaker 6: building damage. Unfortunately, there's just too much, too much glass

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Speaker 6: and bricks and doors and other objects that really don't

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Speaker 6: slow down on the vehicle much at all. And so

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Speaker 6: for that reason, they're probably going off of that black

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Speaker 6: box data.

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Speaker 1: And there's certainly no skin marks. That's something you often

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Speaker 1: look for to determine what really happened. Not a single

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Speaker 1: skid mark as far as I know.

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Speaker 8: What about that, Joe, if you didn't have this, this

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Speaker 8: surveillance camera footage, what you could say, what you could

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Speaker 8: suggest right there is that because we have no skid marks,

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Speaker 8: we have no breaking and he's just entering this building

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Speaker 8: at at whatever speed he was going with no break

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Speaker 8: inputs at all.

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Speaker 6: That means he's making no attempt to stop. He's not

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Speaker 6: really steering away from the building in any way. He is,

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Speaker 6: as we said, he's threading the needle between two other vehicles,

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Speaker 6: which again that shows that he probably was cognizant and

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Speaker 6: able to steer even though he's not breaking.

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Speaker 2: This is not the first time Stephen Schwally has been

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Speaker 2: charged with driving well intoxicated. In twenty thirty, team Shwally

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Speaker 2: slammed into a mailbox and Dix Hills and drove off.

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Speaker 2: Police later found him passed out a sleep behind the

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Speaker 2: wheel of his car. Charged with DUI and leaving the

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Speaker 2: scene of an accident. Shwally pleaded guilty and was sentenced

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Speaker 2: to three years probation. Shwally's brother, Edwards, says Shwally has

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Speaker 2: more than one prior DUI, claiming to have driven his

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Speaker 2: brother to probation while he refused to take a breathalyzer.

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Speaker 2: In twenty ten or eleven.

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Speaker 1: National Ambassador for a Mother's Dad's Drunk Driving mad is

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Speaker 1: joining us Erica Lynn Erica. Isn't that just so typical

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Speaker 1: of vehicular homicide, as I say, drunk driving murders. If

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Speaker 1: you have someone that has committed a vehicular homicide and

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Speaker 1: you check carefully, you will find out that they have

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Speaker 1: had multiple DUIs in this one, including leaving the scene.

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Speaker 5: Yeah, that's very, very true, Nancy. There is a very

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Speaker 5: much a lack of.

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Speaker 1: A lack of.

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Speaker 5: Commitment to their acts, which is horrifying. That's number one.

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Speaker 5: But the amount of times that they drive drunk before

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Speaker 5: they get caught is average of eighty times.

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Speaker 1: Just think of that.

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Speaker 5: Statistic eighty times before somebody is caught.

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Speaker 1: I've got to let that sink in.

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Speaker 5: It takes an average of eighty times a person drives

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Speaker 5: drunk before they get caught with a DWI, eighty.

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Speaker 1: Times before they're finally caught with a DUI. Much less

434
00:28:30,080 --> 00:28:34,000
Speaker 1: of vehicular homicide guys as promised special guests joining us

435
00:28:34,040 --> 00:28:39,280
Speaker 1: doctor Kendall Crown's cheap medical examiner Terran County. That's fort worth,

436
00:28:39,360 --> 00:28:43,520
Speaker 1: never lack of business, esteemed lecturer at the Burnett School

437
00:28:43,560 --> 00:28:47,560
Speaker 1: of Medicine at TCU Dodgor Kendall Crowns. We haven't even

438
00:28:47,560 --> 00:28:50,040
Speaker 1: gotten to talk about the victims. Listen.

439
00:28:50,240 --> 00:28:53,040
Speaker 4: Forty one year old Yangzou and fifty year old Mazie

440
00:28:53,120 --> 00:28:56,200
Speaker 4: Jang both worked at Hawaiian Nalen Spa and both were

441
00:28:56,280 --> 00:28:59,080
Speaker 4: killed in the crash. Yanzoo's family is seeking for help

442
00:28:59,120 --> 00:29:01,520
Speaker 4: in a fundraiser on go fund me to raise money

443
00:29:01,520 --> 00:29:03,800
Speaker 4: for the care of her elderly father and her twelve

444
00:29:03,840 --> 00:29:07,080
Speaker 4: year old son who has polio. Relatives are reminding people

445
00:29:07,200 --> 00:29:09,600
Speaker 4: that with the salon destroyed and their loved ones killed

446
00:29:09,680 --> 00:29:12,480
Speaker 4: or injured, these families will be struggling for some time

447
00:29:12,520 --> 00:29:12,960
Speaker 4: to come.

448
00:29:13,280 --> 00:29:18,240
Speaker 1: Dear Lord, in heaven, one parent dad, the other injured.

449
00:29:18,280 --> 00:29:20,600
Speaker 1: The child has polio and more.

450
00:29:20,840 --> 00:29:23,800
Speaker 4: Kenny Chen, the manager of Hawaii Nail and Spies, among

451
00:29:23,800 --> 00:29:26,560
Speaker 4: the four killed when the suv crashes through the salon

452
00:29:26,600 --> 00:29:29,480
Speaker 4: in nearly eighty miles an hour. Chen's wife is also

453
00:29:29,560 --> 00:29:32,320
Speaker 4: at the salon at the time. She's critically injured. She's

454
00:29:32,360 --> 00:29:34,960
Speaker 4: already had one surgery with more to come. Doctor say

455
00:29:35,000 --> 00:29:37,680
Speaker 4: her recovery will take at least two years. The Chen's

456
00:29:37,720 --> 00:29:40,000
Speaker 4: have two children, ages ten and five, and with their

457
00:29:40,040 --> 00:29:42,720
Speaker 4: father dead and their mother facing multiple surgery and years

458
00:29:42,760 --> 00:29:44,920
Speaker 4: of recovery, go fund me is set up by a

459
00:29:45,000 --> 00:29:47,880
Speaker 4: nephew who says, with the salon their only source of income,

460
00:29:48,200 --> 00:29:51,080
Speaker 4: Kenny Chen dead, his wife critically injured, they don't know

461
00:29:51,120 --> 00:29:52,360
Speaker 4: where to turn for help.

462
00:29:52,440 --> 00:29:56,960
Speaker 1: To doctor Kendall Crowns, I'm so relieved that you are

463
00:29:57,040 --> 00:30:02,840
Speaker 1: so calm, methodical and impartial dejective when you perform these autopsies,

464
00:30:03,080 --> 00:30:07,120
Speaker 1: because when I think about the dad, did the mom

465
00:30:07,320 --> 00:30:10,000
Speaker 1: facing all these surgeries, and they had this little boy

466
00:30:10,080 --> 00:30:14,040
Speaker 1: to raise. The other person has a child, had a

467
00:30:14,120 --> 00:30:17,960
Speaker 1: child with polio for Pete's sake, and now that parent

468
00:30:18,120 --> 00:30:21,880
Speaker 1: is gone. Doctor Kendle crowns. You heard that the bodies

469
00:30:22,080 --> 00:30:27,920
Speaker 1: actually flew through the air. Describe what happened to the

470
00:30:28,000 --> 00:30:31,400
Speaker 1: human body when this guy plowed into that nail salon.

471
00:30:31,600 --> 00:30:34,160
Speaker 9: So, with a vehicle going in at that high rate

472
00:30:34,200 --> 00:30:39,520
Speaker 9: of speed, when they hit the individuals, the speed will

473
00:30:39,720 --> 00:30:42,960
Speaker 9: transfer into the bodies and then they will continue flying.

474
00:30:43,160 --> 00:30:46,640
Speaker 9: After that, after the car stops. What you'll see internally

475
00:30:46,800 --> 00:30:50,240
Speaker 9: is you'll see a lot of fractured bones. The organs

476
00:30:50,280 --> 00:30:53,400
Speaker 9: will actually explode or be lacerated by the force of

477
00:30:53,400 --> 00:30:56,040
Speaker 9: the car if it hits them at the right angle.

478
00:30:56,080 --> 00:31:01,000
Speaker 9: You'll see limbs torn off and even decapitations as well. So,

479
00:31:01,160 --> 00:31:04,120
Speaker 9: usually high rates the speed from vehicles hitting the body,

480
00:31:04,440 --> 00:31:06,920
Speaker 9: there's a tremendous amount of damage done to the body

481
00:31:07,000 --> 00:31:11,200
Speaker 9: that even the body can be severed in half.

482
00:31:11,320 --> 00:31:15,120
Speaker 1: You know, as I'm listening to you describe what has

483
00:31:15,200 --> 00:31:20,920
Speaker 1: happened to the bodies, there is a stark dichotomy a

484
00:31:20,960 --> 00:31:26,840
Speaker 1: comparison to this. Listen, we just had the bar day

485
00:31:26,920 --> 00:31:31,560
Speaker 1: separation party, you know, not long both were both singing

486
00:31:32,320 --> 00:31:35,200
Speaker 1: and dreaming together with for a video and then with

487
00:31:35,400 --> 00:31:43,680
Speaker 1: such a happy family. No, that is the brother of

488
00:31:43,800 --> 00:31:47,920
Speaker 1: kimy Chin Stephen speaking host some of our friends and

489
00:31:48,040 --> 00:31:51,200
Speaker 1: on Twitter at w I N N we just had

490
00:31:51,200 --> 00:31:55,880
Speaker 1: a birthday celebration party. We were both singing and dreaming together.

491
00:31:56,800 --> 00:32:00,240
Speaker 1: We record a video and have such a happy family.

492
00:32:00,840 --> 00:32:07,800
Speaker 1: Now it's all gone. It's all gone, and the brother

493
00:32:08,800 --> 00:32:16,000
Speaker 1: breaks down weeping, weeping, and there's so much more to

494
00:32:16,720 --> 00:32:20,440
Speaker 1: Doctor Kendall Crowns, How do you keep your head on

495
00:32:20,600 --> 00:32:26,200
Speaker 1: straight when you hear the victims' families grow, men crying

496
00:32:26,640 --> 00:32:30,600
Speaker 1: over what has happened? And the last thing I want

497
00:32:30,640 --> 00:32:32,920
Speaker 1: to hear is anyone defending this guy claiming, well he's

498
00:32:32,960 --> 00:32:35,760
Speaker 1: the next marine. Well, I doubt the Marines are proud

499
00:32:35,840 --> 00:32:39,560
Speaker 1: of this moment, so don't use them to shroud what

500
00:32:39,760 --> 00:32:45,040
Speaker 1: you have done, Doctor Kendall Crowns. Could how long could

501
00:32:45,080 --> 00:32:49,120
Speaker 1: these victims have lived after being plowed down by this

502
00:32:49,240 --> 00:32:53,200
Speaker 1: guy to experience the fear and the pain of what happened.

503
00:32:53,840 --> 00:32:57,120
Speaker 9: It's if they have crushing entries of the head or

504
00:32:57,160 --> 00:33:00,680
Speaker 9: their you know, spinal core gets severed, they may die

505
00:33:01,120 --> 00:33:05,360
Speaker 9: quite rapidly or on pun impact. If they have an

506
00:33:05,360 --> 00:33:09,200
Speaker 9: injury that doesn't necessarily involve their head, they could survive

507
00:33:09,320 --> 00:33:12,680
Speaker 9: for a matter of minutes or even longer. If they

508
00:33:12,680 --> 00:33:15,240
Speaker 9: are crushed underneath the vehicle and are just kind of

509
00:33:15,280 --> 00:33:18,160
Speaker 9: pinned in place with not their chest or like their

510
00:33:18,200 --> 00:33:21,680
Speaker 9: pelvic region. They could be living underneath that vehicle for

511
00:33:22,480 --> 00:33:25,520
Speaker 9: several minutes until they either bleed out or die from

512
00:33:25,640 --> 00:33:27,240
Speaker 9: asphyxiation being crushed.

513
00:33:34,480 --> 00:33:43,040
Speaker 1: Crime stores with Nancy Grace quote, my goose is cooked.

514
00:33:43,960 --> 00:33:50,680
Speaker 1: That's Schwally whining behind bars, whining about the circumstances of

515
00:33:50,720 --> 00:33:56,240
Speaker 1: his life while he took stole the lives of four

516
00:33:56,440 --> 00:34:04,800
Speaker 1: other people, including a husbands, mothers, and a newlywed cop

517
00:34:04,920 --> 00:34:08,439
Speaker 1: off duty having her nails done. It's all about him

518
00:34:08,480 --> 00:34:12,480
Speaker 1: and his life. Quote. It's over for me. Stephen Schwale

519
00:34:12,800 --> 00:34:17,080
Speaker 1: pleads not guilty after he's indicted on four counts of

520
00:34:17,120 --> 00:34:21,600
Speaker 1: second degree murder and other charges, although he then tells

521
00:34:21,600 --> 00:34:24,799
Speaker 1: the New York Post he was quote guilty during an

522
00:34:24,880 --> 00:34:28,239
Speaker 1: interview there at the Riverhead Correctional Facility. He's being held

523
00:34:28,280 --> 00:34:32,000
Speaker 1: on one million dollar bill. Don't let him out. He

524
00:34:32,080 --> 00:34:34,840
Speaker 1: will go straight to a bar or a liquor store

525
00:34:35,080 --> 00:34:38,760
Speaker 1: and possibly kill somebody else. Oh my stars, I'm looking

526
00:34:39,040 --> 00:34:44,680
Speaker 1: at some of the victims. They are so beautiful. There

527
00:34:44,840 --> 00:34:49,160
Speaker 1: is the lady cop who lost her life. That's Amelia

528
00:34:49,440 --> 00:34:54,040
Speaker 1: Rennick about to celebrate her one year anniversary married to

529
00:34:54,960 --> 00:35:02,000
Speaker 1: NYPD Detective Carl Rennick. Then you hid Yanghai Chin that

530
00:35:02,160 --> 00:35:08,240
Speaker 1: was a salon co owner. Then you had Jenny Shoe,

531
00:35:08,920 --> 00:35:15,120
Speaker 1: an employee forty one, you had Mazie Jong, another employee

532
00:35:15,360 --> 00:35:18,680
Speaker 1: just trying to make a living. One leaves behind a

533
00:35:18,800 --> 00:35:23,440
Speaker 1: child with polio. One leaves behind two minor children to

534
00:35:23,520 --> 00:35:28,520
Speaker 1: be raised without a parent. I just you know, Ben Powers,

535
00:35:28,719 --> 00:35:32,759
Speaker 1: how do you somehow lessen that when you're arguing a

536
00:35:32,800 --> 00:35:34,719
Speaker 1: case like this to a jury, so.

537
00:35:35,239 --> 00:35:38,680
Speaker 7: It doesn't devalue their lives that have been lost to

538
00:35:38,840 --> 00:35:42,239
Speaker 7: argue what is legally appropriate. And so if I'm on

539
00:35:42,280 --> 00:35:45,600
Speaker 7: the defense side, I'm pointing to the BAC and pointing

540
00:35:45,600 --> 00:35:48,040
Speaker 7: to the fact that he's driving the car like it's

541
00:35:48,040 --> 00:35:51,640
Speaker 7: a boat, just leaning left, leaning right, just can meandering

542
00:35:51,680 --> 00:35:54,759
Speaker 7: down the road, and pointing to the fact that he

543
00:35:54,800 --> 00:35:58,040
Speaker 7: never applied to break he was going to high raise speed,

544
00:35:58,600 --> 00:36:02,640
Speaker 7: and he gave very had responses after the fact, like

545
00:36:02,719 --> 00:36:07,319
Speaker 7: give me my license back, I've done nothing wrong, you know,

546
00:36:07,400 --> 00:36:09,759
Speaker 7: point to all those various facts to say this is

547
00:36:09,760 --> 00:36:13,759
Speaker 7: a dui. It's a tragic dui, but it's a dui. Nonetheless,

548
00:36:13,760 --> 00:36:16,960
Speaker 7: that had tragic consequences. This is not second degree murder.

549
00:36:17,640 --> 00:36:20,800
Speaker 7: And so my fixation when I'm making those types of

550
00:36:20,880 --> 00:36:24,239
Speaker 7: arguments is on the law and what is appropriate under

551
00:36:24,280 --> 00:36:28,440
Speaker 7: the law, because the vehicular homicide still holds him accountable

552
00:36:28,600 --> 00:36:32,480
Speaker 7: for his actions of taking these lives, and that's the

553
00:36:32,520 --> 00:36:36,040
Speaker 7: more appropriate charge if I'm on the defense arguing that. Now, obviously,

554
00:36:36,080 --> 00:36:38,480
Speaker 7: if on the prosecutor side, I'm arguing a second degree

555
00:36:38,520 --> 00:36:40,200
Speaker 7: because of all the reasons I'll point out.

556
00:36:40,080 --> 00:36:44,960
Speaker 10: Earlier, Schwally purchased two three hundred and seventy five milliliter

557
00:36:45,239 --> 00:36:48,960
Speaker 10: Long Island iced tea bottles the morning of the crash.

558
00:36:49,480 --> 00:36:55,200
Speaker 10: The bottles found empty by investigators after the crash.

559
00:36:55,600 --> 00:36:57,800
Speaker 1: Even now, I don't know we're getting the whole truth.

560
00:36:58,320 --> 00:37:02,760
Speaker 1: He had a BAC blood alcohol content of point one seven,

561
00:37:02,920 --> 00:37:06,120
Speaker 1: the legal limit. I don't even think there should be

562
00:37:06,160 --> 00:37:08,480
Speaker 1: a llegal limit. Why should you drive after you'd been

563
00:37:08,560 --> 00:37:11,839
Speaker 1: drinking at all? But the legal limit is point zero.

564
00:37:11,960 --> 00:37:17,320
Speaker 1: Eight point one seven would be over double the legal limit.

565
00:37:17,360 --> 00:37:22,000
Speaker 1: And apparently they didn't notice him wobbling in and apparently

566
00:37:22,120 --> 00:37:24,399
Speaker 1: this was his second trip. He had already had those

567
00:37:24,520 --> 00:37:28,480
Speaker 1: eighteen beers. What about a Dodgor Kendall Crowns. My question

568
00:37:28,680 --> 00:37:31,160
Speaker 1: is if by the time he was tested he was

569
00:37:31,280 --> 00:37:36,040
Speaker 1: point one seven, I'm sure time had passed, would the

570
00:37:36,239 --> 00:37:38,600
Speaker 1: blood alcohol level have dissipated.

571
00:37:38,960 --> 00:37:43,120
Speaker 9: So every hour you don't drink, your blood alcohol level

572
00:37:43,160 --> 00:37:46,480
Speaker 9: will go down point oh two. So, but if you

573
00:37:46,520 --> 00:37:49,600
Speaker 9: continue to drink, your blood alcohol level will not go

574
00:37:49,640 --> 00:37:52,520
Speaker 9: down and will continue to go up. So each bottle

575
00:37:52,560 --> 00:37:56,759
Speaker 9: of beer, glass of wine, or shot of whiskey will

576
00:37:56,840 --> 00:37:59,319
Speaker 9: raise your blood alcohol level point oh two.

577
00:37:59,560 --> 00:38:02,880
Speaker 1: Question Lauren Colin joining us a co host of Prime

578
00:38:02,960 --> 00:38:08,200
Speaker 1: Time Crime on YouTube. Lauren, was he Schwally the driver

579
00:38:08,520 --> 00:38:09,439
Speaker 1: injured at all?

580
00:38:10,000 --> 00:38:10,200
Speaker 3: No?

581
00:38:10,520 --> 00:38:13,880
Speaker 1: He was barely injured. And isn't that how it always happens.

582
00:38:13,920 --> 00:38:18,279
Speaker 3: The driver is always okay and he kills everybody.

583
00:38:17,760 --> 00:38:18,399
Speaker 1: In his path.

584
00:38:18,719 --> 00:38:21,080
Speaker 3: So no, he was completely fine. You can see the

585
00:38:21,120 --> 00:38:23,760
Speaker 3: scratches on his face. I mean he went into amazing

586
00:38:23,920 --> 00:38:26,840
Speaker 3: yeah intoport with a wheelchair. Maybe that was for effect,

587
00:38:26,960 --> 00:38:27,960
Speaker 3: but no, he was fine.

588
00:38:28,120 --> 00:38:33,960
Speaker 1: You know. To Joseph Chimbley, engineer act reconstructionist at Viatech, Joe,

589
00:38:34,040 --> 00:38:37,640
Speaker 1: how many times have you handled a vehicular homicide reconstructing

590
00:38:37,920 --> 00:38:41,360
Speaker 1: and all the victims die and the drunk driver lives.

591
00:38:41,640 --> 00:38:45,920
Speaker 6: It's incredible. It seems like it happens every time. There

592
00:38:45,960 --> 00:38:48,640
Speaker 6: could be a severe impact, maybe even a head on

593
00:38:48,719 --> 00:38:55,080
Speaker 6: collision between two vehicles, and for some reason, the drunk

594
00:38:55,200 --> 00:38:59,520
Speaker 6: driver is able to escape with minimal injuries.

595
00:39:00,280 --> 00:39:04,600
Speaker 1: Incredible, Joe, I've seen it over and over. I have

596
00:39:04,680 --> 00:39:07,400
Speaker 1: no explanation. They didn't teach me that law school. So

597
00:39:07,520 --> 00:39:11,960
Speaker 1: to Erica Lynn, who is a victim of drunk driving.

598
00:39:12,160 --> 00:39:14,319
Speaker 1: Both of her parents died in the hands of a

599
00:39:14,400 --> 00:39:18,719
Speaker 1: drunk driver. Like a soccer mom, Erica, as someone who

600
00:39:18,920 --> 00:39:22,560
Speaker 1: has been through this, what is your message today?

601
00:39:22,719 --> 00:39:26,400
Speaker 5: My message is that, first of all, I'm devastated for

602
00:39:26,480 --> 00:39:29,200
Speaker 5: these families. I really am, because I know their journey

603
00:39:29,200 --> 00:39:31,879
Speaker 5: ahead and they don't even know what's coming down. They're

604
00:39:31,920 --> 00:39:34,760
Speaker 5: going to have a criminal child, likely a civil trial

605
00:39:34,800 --> 00:39:40,040
Speaker 5: against the bar that served him. And you're right that

606
00:39:40,480 --> 00:39:44,640
Speaker 5: they are not injured. They never get injured, and there's

607
00:39:44,640 --> 00:39:47,239
Speaker 5: a reason for it, I believe, and I believe they're

608
00:39:47,280 --> 00:39:50,080
Speaker 5: so loose from the amount of alcohol in their bodies

609
00:39:50,480 --> 00:39:53,319
Speaker 5: that they're not bracing their bodies for impact, and that's

610
00:39:53,360 --> 00:39:54,440
Speaker 5: why they do survive.

611
00:39:54,680 --> 00:39:58,720
Speaker 1: I heard that theory many times before. My goose is cooked.

612
00:39:59,480 --> 00:40:05,520
Speaker 1: You're right. This is it for me. You're right, but

613
00:40:05,640 --> 00:40:10,280
Speaker 1: could you stop thinking about yourself and think about somebody else.

614
00:40:11,280 --> 00:40:14,200
Speaker 1: Nancy Gray signing off, goodbye friend,