1
00:00:05,296 --> 00:00:06,506
{\an8}- In the criminal justice
system,
2
00:00:07,298 --> 00:00:08,675
{\an8}the people are represented
3
00:00:08,675 --> 00:00:11,177
{\an8}by two separate,
yet equally important groups:
4
00:00:11,177 --> 00:00:12,929
{\an8}the police,
who investigate crime,
5
00:00:12,929 --> 00:00:15,849
{\an8}and the district attorneys,
who prosecute the offenders.
6
00:00:15,849 --> 00:00:17,600
{\an8}These are their stories.
7
00:00:19,144 --> 00:00:22,188
[turnstile beeps]
8
00:00:22,188 --> 00:00:26,276
[train screeches distantly]
9
00:00:40,331 --> 00:00:41,958
- [grunts]
- [gasps]
10
00:00:41,958 --> 00:00:45,128
[suspenseful music]
11
00:00:45,128 --> 00:00:52,302
♪ ♪
12
00:01:06,024 --> 00:01:07,984
Hey.
[train chimes]
13
00:01:07,984 --> 00:01:10,070
Where you headed
tonight, beautiful?
14
00:01:10,070 --> 00:01:12,155
Can I come?
- [whistling]
15
00:01:12,155 --> 00:01:14,157
Come on.
Where you going?
16
00:01:14,157 --> 00:01:16,034
Come back.
[indistinct chatter]
17
00:01:16,034 --> 00:01:23,208
♪ ♪
18
00:01:24,959 --> 00:01:27,170
Oh, sorry, I didn't mean to--
19
00:01:27,170 --> 00:01:30,048
[wheezing]
[wheels screeching]
20
00:01:30,048 --> 00:01:31,841
[screams]
21
00:01:34,052 --> 00:01:35,470
Station's locked down.
22
00:01:35,470 --> 00:01:37,263
MTA is rerouting trains
in both directions,
23
00:01:37,263 --> 00:01:39,557
but they're eager
to get things moving again.
24
00:01:39,557 --> 00:01:41,768
Where's that level of urgency
when there isn't a dead body
25
00:01:41,768 --> 00:01:43,186
to deal with?
26
00:01:43,186 --> 00:01:45,105
[sighs]
27
00:01:45,105 --> 00:01:46,314
[whistles]
28
00:01:46,314 --> 00:01:47,774
Cause of death?
29
00:01:47,774 --> 00:01:49,109
Can't say for sure.
30
00:01:49,109 --> 00:01:50,735
But given
the petechial hemorrhaging,
31
00:01:50,735 --> 00:01:51,945
my guess is asphyxia.
32
00:01:51,945 --> 00:01:53,863
So he was strangled to death.
33
00:01:53,863 --> 00:01:56,199
How long ago did this happen?
- Less than an hour.
34
00:01:56,199 --> 00:01:58,827
- Any witnesses?
- None so far.
35
00:01:58,827 --> 00:02:00,662
The MTA worker
who found the body said
36
00:02:00,662 --> 00:02:02,497
he walked the car
15 minutes before,
37
00:02:02,497 --> 00:02:04,791
but he didn't see
anything unusual.
38
00:02:04,791 --> 00:02:08,128
So the call came in at 12:34,
so the murder had to happen
39
00:02:08,128 --> 00:02:10,380
sometime between
12:15 and 12:30.
40
00:02:10,380 --> 00:02:12,298
We need the security footage
from every station
41
00:02:12,298 --> 00:02:14,050
the train passed through
in that window, okay?
42
00:02:14,050 --> 00:02:15,635
Okay.
43
00:02:15,635 --> 00:02:20,223
All right, young man,
let's see.
44
00:02:20,223 --> 00:02:22,142
No phone.
45
00:02:22,142 --> 00:02:25,645
Oh, vic's still got his wallet.
46
00:02:27,564 --> 00:02:30,608
Ellis Joyner, just turned 24.
47
00:02:30,608 --> 00:02:32,819
Yeah, I thought
he looked familiar.
48
00:02:32,819 --> 00:02:33,945
You know him?
49
00:02:33,945 --> 00:02:36,865
Not personally,
he's a stand-up comic.
50
00:02:36,865 --> 00:02:38,158
Came from down South,
51
00:02:38,158 --> 00:02:40,827
loved to talk about how much
he liked New York.
52
00:02:40,827 --> 00:02:42,662
Great place to live...
53
00:02:42,662 --> 00:02:44,873
not such a great place to die.
54
00:02:47,792 --> 00:02:51,338
[dramatic music]
55
00:02:51,338 --> 00:02:58,511
♪ ♪
56
00:03:33,296 --> 00:03:36,883
We found bleeding in the
anterior neck strap muscles,
57
00:03:36,883 --> 00:03:40,011
as well as fractures
in the hyoid bone
58
00:03:40,011 --> 00:03:41,888
{\an8}and thyroid cartilage horns.
59
00:03:41,888 --> 00:03:43,556
{\an8}And that means?
60
00:03:43,556 --> 00:03:45,016
{\an8}He died of cerebral ischemia
61
00:03:45,016 --> 00:03:47,102
{\an8}due to a lack of blood flow
to the brain.
62
00:03:47,102 --> 00:03:48,853
{\an8}I'd say his carotid arteries
63
00:03:48,853 --> 00:03:51,356
{\an8}and jugular vein were
compressed bilaterally,
64
00:03:51,356 --> 00:03:52,732
{\an8}like this.
65
00:03:52,732 --> 00:03:54,567
{\an8}So the killer had him
in a sleeper hold?
66
00:03:54,567 --> 00:03:56,861
{\an8}Exactly,
a carotid sleeper hold.
67
00:03:56,861 --> 00:03:58,571
{\an8}So you're saying
our vic was choked to death.
68
00:03:58,571 --> 00:04:00,323
{\an8}Yes, and it's not like
69
00:04:00,323 --> 00:04:03,076
{\an8}he had an easy time breathing
on his own.
70
00:04:03,076 --> 00:04:04,452
{\an8}What do you mean?
71
00:04:04,452 --> 00:04:06,204
{\an8}ME pulled
Joyner's medical records.
72
00:04:06,204 --> 00:04:08,456
{\an8}Turns out
he had severe asthma.
73
00:04:08,456 --> 00:04:09,916
{\an8}She said his lungs
were hyperinflated,
74
00:04:09,916 --> 00:04:12,961
{\an8}which means he was likely
having an attack when he died.
75
00:04:12,961 --> 00:04:14,629
{\an8}- Was that the cause of death?
- No.
76
00:04:14,629 --> 00:04:16,423
{\an8}That would be strangulation,
77
00:04:16,423 --> 00:04:18,633
{\an8}probably
from a lethal choke hold.
78
00:04:18,633 --> 00:04:20,510
{\an8}What else do we know
about the vic?
79
00:04:20,510 --> 00:04:22,429
{\an8}He was single, lived alone.
80
00:04:22,429 --> 00:04:24,764
{\an8}Both parents were deceased.
81
00:04:24,764 --> 00:04:26,307
{\an8}His latest comedy special
on YouTube
82
00:04:26,307 --> 00:04:28,601
{\an8}had over a million views--
the guy was pretty popular.
83
00:04:28,601 --> 00:04:30,520
{\an8}Yeah, well,
not with everyone.
84
00:04:30,520 --> 00:04:32,480
{\an8}What about his phone?
Did we ping it?
85
00:04:32,480 --> 00:04:33,773
{\an8}No signal.
86
00:04:33,773 --> 00:04:36,109
{\an8}Bright side is,
the MLI found fresh blood
87
00:04:36,109 --> 00:04:38,111
{\an8}on Joyner's jacket that didn't
match his blood type,
88
00:04:38,111 --> 00:04:39,946
{\an8}so the lab's going
through that right now.
89
00:04:39,946 --> 00:04:42,532
{\an8}All right, so where are we
with the video footage?
90
00:04:42,532 --> 00:04:44,325
{\an8}Our train passed
through 6 stations
91
00:04:44,325 --> 00:04:45,827
{\an8}within the 15-minute window.
92
00:04:45,827 --> 00:04:48,955
{\an8}Of the 6, 4 of them had cameras
that were broken.
93
00:04:48,955 --> 00:04:51,124
{\an8}Footage from the 2 stations
that had working cameras
94
00:04:51,124 --> 00:04:53,835
{\an8}caught a few dozen people
getting on and off the trains.
95
00:04:53,835 --> 00:04:55,670
{\an8}Yeah, except none
of 'em go into
96
00:04:55,670 --> 00:04:57,380
{\an8}or out of the car
where Joyner was found.
97
00:04:57,380 --> 00:05:00,342
{\an8}Hey, so Joyner's MetroCard
was swiped
98
00:05:00,342 --> 00:05:02,719
{\an8}at 14th Street Station,
where he got on.
99
00:05:02,719 --> 00:05:04,220
{\an8}There were no working cameras
there either.
100
00:05:04,220 --> 00:05:07,640
{\an8}But I pulled street-cam footage
from outside the station.
101
00:05:07,640 --> 00:05:09,893
{\an8}The closest I could get
was a few blocks away,
102
00:05:09,893 --> 00:05:11,936
{\an8}but I found this.
103
00:05:11,936 --> 00:05:18,026
{\an8}♪ ♪
104
00:05:18,026 --> 00:05:19,527
{\an8}Well, that dude
does not look happy.
105
00:05:19,527 --> 00:05:22,197
{\an8}- Yeah.
- Can you zoom in on his face?
106
00:05:22,197 --> 00:05:24,282
{\an8}♪ ♪
107
00:05:24,282 --> 00:05:25,658
{\an8}Wait, is that--
108
00:05:25,658 --> 00:05:27,786
{\an8}- Malcolm Paige?
- The comedian?
109
00:05:27,786 --> 00:05:29,913
{\an8}He used to open
for Chappelle back in the day.
110
00:05:29,913 --> 00:05:31,581
{\an8}Track him down.
111
00:05:32,999 --> 00:05:35,418
{\an8}An audience member
at your show last night
112
00:05:35,418 --> 00:05:36,961
{\an8}posted this
to their social media.
113
00:05:36,961 --> 00:05:38,254
{\an8}- It'd be
a massive disappointment
114
00:05:38,254 --> 00:05:40,715
{\an8}if he was even
remotely relevant anymore.
115
00:05:40,715 --> 00:05:42,300
{\an8}But you know what they say.
116
00:05:42,300 --> 00:05:44,469
{\an8}You either die a hero
or live long enough
117
00:05:44,469 --> 00:05:46,179
{\an8}to become Malcolm Paige.
118
00:05:46,179 --> 00:05:49,015
{\an8}[laughter]
119
00:05:49,015 --> 00:05:51,893
{\an8}Is that why you attacked him
after the show?
120
00:05:51,893 --> 00:05:54,688
{\an8}He attacked me.
121
00:05:54,688 --> 00:05:56,815
{\an8}Got his panties all in a twist
because he didn't like
122
00:05:56,815 --> 00:05:59,859
{\an8}some of the jokes
I was tellin'.
123
00:05:59,859 --> 00:06:02,946
{\an8}Hit too close to home
for fancy boy.
124
00:06:02,946 --> 00:06:06,199
{\an8}Is this you trying to imply
that Joyner was gay?
125
00:06:06,199 --> 00:06:07,659
{\an8}I ain't implying nothing.
126
00:06:07,659 --> 00:06:09,327
{\an8}The point is,
he embarrassed you
127
00:06:09,327 --> 00:06:12,122
{\an8}in front of what was supposed
to be your audience.
128
00:06:12,122 --> 00:06:13,957
{\an8}I mean, it must've
really pissed you off, huh?
129
00:06:13,957 --> 00:06:15,500
{\an8}Whatever.
130
00:06:15,500 --> 00:06:18,086
{\an8}You know, we have video of
you taking a swing at Joyner.
131
00:06:18,086 --> 00:06:20,213
{\an8}So what happened?
132
00:06:20,213 --> 00:06:22,716
{\an8}You follow him down the subway,
try to finish the fight?
133
00:06:22,716 --> 00:06:24,134
{\an8}My car service picked me up
134
00:06:24,134 --> 00:06:26,594
{\an8}right after Joyner ran off
like a little bitch,
135
00:06:26,594 --> 00:06:28,138
{\an8}followed by his b--
136
00:06:30,640 --> 00:06:32,475
{\an8}Boyfriend in tow.
137
00:06:32,475 --> 00:06:34,060
{\an8}You're saying
he was with somebody?
138
00:06:34,060 --> 00:06:36,896
{\an8}He was with a dude,
139
00:06:36,896 --> 00:06:40,483
{\an8}and they weren't
getting along either.
140
00:06:40,483 --> 00:06:43,153
{\an8}Paige's car service
confirms his alibi.
141
00:06:43,153 --> 00:06:45,196
{\an8}I went through Joyner's texts
and emails in the cloud.
142
00:06:45,196 --> 00:06:46,823
{\an8}There's no evidence
he had a boyfriend.
143
00:06:46,823 --> 00:06:49,200
{\an8}Well, I think that's 'cause
he was still in the closet.
144
00:06:49,200 --> 00:06:50,618
{\an8}I contacted the Travlr app.
145
00:06:50,618 --> 00:06:53,079
{\an8}They gave me access
to his account here.
146
00:06:53,079 --> 00:06:55,999
{\an8}It looks like he was dating
somebody he met on the site.
147
00:06:55,999 --> 00:06:59,753
{\an8}A lot of messages between him
and a guy named Michael Zane.
148
00:06:59,753 --> 00:07:01,296
{\an8}He's in the system.
149
00:07:01,296 --> 00:07:04,549
{\an8}Zane was arrested for
aggravated assault last year.
150
00:07:04,549 --> 00:07:05,759
{\an8}Hmm.
151
00:07:05,759 --> 00:07:06,760
{\an8}Yeah, these two
were definitely
152
00:07:06,760 --> 00:07:08,094
{\an8}in some kind of fight.
153
00:07:08,094 --> 00:07:10,972
{\an8}I mean, "Keep on like this,
you'll end up dead."
154
00:07:10,972 --> 00:07:12,766
{\an8}Either the Zane guy
can see the future or--
155
00:07:21,274 --> 00:07:21,691
{\an8}...
156
00:07:21,691 --> 00:07:22,317
{\an8}I didn't kill Ellis.
157
00:07:23,276 --> 00:07:25,987
{\an8}I cared about him very much.
158
00:07:25,987 --> 00:07:28,031
{\an8}"Keep on like this,
and you're gonna end up dead."
159
00:07:28,031 --> 00:07:30,700
{\an8}You didn't send that message?
- No, not like that.
160
00:07:30,700 --> 00:07:34,662
{\an8}I was talking about his...
self-hatred.
161
00:07:34,662 --> 00:07:36,039
{\an8}We have an eyewitness
162
00:07:36,039 --> 00:07:38,124
{\an8}that puts the two of you
together night before last.
163
00:07:38,124 --> 00:07:40,043
{\an8}Said you guys were
in some kind of fight.
164
00:07:40,043 --> 00:07:41,628
{\an8}We were.
165
00:07:41,628 --> 00:07:43,672
{\an8}I thought things
would be better for him
166
00:07:43,672 --> 00:07:46,341
{\an8}if he allowed himself
to live openly,
167
00:07:46,341 --> 00:07:48,718
{\an8}but he refused.
168
00:07:48,718 --> 00:07:50,553
{\an8}He was convinced his fan base
would turn on him.
169
00:07:50,553 --> 00:07:52,180
{\an8}This fight
ever turn physical?
170
00:07:52,180 --> 00:07:53,598
{\an8}No, of course not.
171
00:07:53,598 --> 00:07:56,810
{\an8}We are aware of your prior
for aggravated assault.
172
00:07:56,810 --> 00:07:59,562
{\an8}I was in a bar when
two dudes got into a fight.
173
00:07:59,562 --> 00:08:02,565
{\an8}I tried to break
things up, but...
174
00:08:02,565 --> 00:08:05,860
{\an8}I'm Black,
so when the cops showed up--
175
00:08:05,860 --> 00:08:08,947
{\an8}So you were on the train
with Ellis that night?
176
00:08:08,947 --> 00:08:10,031
{\an8}Yeah.
177
00:08:10,031 --> 00:08:11,616
{\an8}Malcolm Paige
had just attacked him,
178
00:08:11,616 --> 00:08:14,202
{\an8}and he said he wanted time
to be alone.
179
00:08:14,202 --> 00:08:18,707
{\an8}So I got off after
a few stops, went home.
180
00:08:18,707 --> 00:08:21,042
{\an8}Did you notice
anything suspicious
181
00:08:21,042 --> 00:08:23,628
{\an8}while you were on the subway?
182
00:08:23,628 --> 00:08:25,880
{\an8}Yeah.
183
00:08:25,880 --> 00:08:28,550
{\an8}Uh, there was a guy
on the subway with us,
184
00:08:28,550 --> 00:08:30,176
{\an8}white guy.
185
00:08:30,176 --> 00:08:32,220
{\an8}He kept staring at us.
186
00:08:32,220 --> 00:08:35,473
{\an8}And when I got up to get off,
he stepped in my way.
187
00:08:35,473 --> 00:08:37,100
{\an8}- On purpose?
- Yeah.
188
00:08:37,100 --> 00:08:39,686
{\an8}I wasn't in the mood,
so I just brushed past him.
189
00:08:39,686 --> 00:08:41,146
{\an8}Did he say anything to you?
190
00:08:41,146 --> 00:08:42,647
{\an8}"Watch yourself."
191
00:08:42,647 --> 00:08:45,066
{\an8}- Can you describe him?
- Brown hair.
192
00:08:45,066 --> 00:08:48,194
{\an8}He was wearing
bright-yellow sneakers,
193
00:08:48,194 --> 00:08:50,030
{\an8}like, neon,
194
00:08:50,030 --> 00:08:52,073
{\an8}and a hoodie
195
00:08:52,073 --> 00:08:54,576
with some kind
of symbol on the back.
196
00:08:54,576 --> 00:08:58,288
[low ominous music]
197
00:08:58,288 --> 00:09:00,165
- What station is that?
- 86th Street,
198
00:09:00,165 --> 00:09:02,792
one stop before the one
where Joyner's body was found.
199
00:09:02,792 --> 00:09:04,294
Okay, but we can't
see his face, though.
200
00:09:04,294 --> 00:09:06,046
Can you find another angle?
- This is all we've got.
201
00:09:06,046 --> 00:09:09,090
Can you zoom in on that?
202
00:09:09,090 --> 00:09:12,260
Wait a second.
I've seen that logo before.
203
00:09:12,260 --> 00:09:17,515
{\an8}♪ ♪
204
00:09:17,515 --> 00:09:19,184
[rock music playing]
205
00:09:19,184 --> 00:09:21,728
This place opened up
about a year ago.
206
00:09:21,728 --> 00:09:24,105
Been peppering
my neighborhood with flyers.
207
00:09:24,105 --> 00:09:26,107
Mixed martial arts
is the future, huh?
208
00:09:26,107 --> 00:09:27,859
Yeah, maybe
this is where our killer
209
00:09:27,859 --> 00:09:30,278
learned to strangle people.
- 'Sup? How you doing?
210
00:09:30,278 --> 00:09:31,905
Uh, yeah, we'd like
to talk to the owner.
211
00:09:31,905 --> 00:09:33,281
Is he here?
- Dom?
212
00:09:33,281 --> 00:09:34,949
Um, you just missed him.
213
00:09:34,949 --> 00:09:37,285
He left, like, two minutes ago.
- Is that him?
214
00:09:37,285 --> 00:09:40,205
♪ ♪
215
00:09:40,205 --> 00:09:41,790
Yep.
216
00:09:41,790 --> 00:09:43,166
I see it.
217
00:09:43,166 --> 00:09:45,085
You know when
he's gonna be back?
218
00:09:45,085 --> 00:09:46,795
He was getting a cab
to the airport.
219
00:09:46,795 --> 00:09:48,463
Did he say where
he was going?
220
00:09:48,463 --> 00:09:51,299
I want to say Toronto.
221
00:09:51,299 --> 00:09:52,926
Which way did he go?
222
00:09:52,926 --> 00:09:55,887
[tense music]
223
00:09:55,887 --> 00:09:59,974
♪ ♪
224
00:09:59,974 --> 00:10:01,643
Vince.
225
00:10:01,643 --> 00:10:08,858
♪ ♪
226
00:10:14,823 --> 00:10:16,741
[whistles]
227
00:10:16,741 --> 00:10:18,076
Hey!
228
00:10:18,076 --> 00:10:22,455
Hey, NYPD.
Mr. Kovac, NYPD.
229
00:10:22,455 --> 00:10:24,416
- Hey.
- Hey!
230
00:10:27,877 --> 00:10:29,379
- Do not move!
- NYPD!
231
00:10:29,379 --> 00:10:31,840
- Do you hear me? Do not move!
- NYPD!
232
00:10:31,840 --> 00:10:33,758
I didn't know
you guys were cops.
233
00:10:33,758 --> 00:10:35,468
Yeah, you just treat
everybody that way?
234
00:10:35,468 --> 00:10:38,179
- Treat Ellis Joyner that way?
- I don't know who that is.
235
00:10:38,179 --> 00:10:39,973
He was choked to death
two nights ago in the subway.
236
00:10:39,973 --> 00:10:41,725
That ringing a bell?
237
00:10:41,725 --> 00:10:43,601
Okay, tough guy,
you're coming with us.
238
00:10:43,601 --> 00:10:45,729
Get up.
239
00:10:47,397 --> 00:10:50,025
I've never seen
this guy before in my life.
240
00:10:50,025 --> 00:10:51,526
You know, Domhnall,
we are aware
241
00:10:51,526 --> 00:10:54,696
of your four previous
convictions for assault,
242
00:10:54,696 --> 00:10:58,033
all against Black victims,
two charged as hate crimes.
243
00:10:58,033 --> 00:11:00,702
Clocked that tattoo on you--
244
00:11:00,702 --> 00:11:02,412
the combat boots with the "88."
245
00:11:02,412 --> 00:11:04,414
That's a white nationalist
symbol.
246
00:11:04,414 --> 00:11:05,457
So what happened?
247
00:11:05,457 --> 00:11:07,292
You see a Black guy
on the train,
248
00:11:07,292 --> 00:11:08,960
decided to take him out?
249
00:11:10,378 --> 00:11:12,213
I didn't do
anything to anyone.
250
00:11:12,213 --> 00:11:14,174
[bangs on table]
Hey.
251
00:11:14,174 --> 00:11:16,176
I'm the one talking to you.
252
00:11:16,176 --> 00:11:17,427
Fine.
253
00:11:17,427 --> 00:11:18,845
I'll tell you, then.
254
00:11:18,845 --> 00:11:20,638
I had nothing to do
with what happened to that guy.
255
00:11:20,638 --> 00:11:23,600
Where were you around
midnight night before last?
256
00:11:23,600 --> 00:11:26,811
- Chelsea, working out.
- You work out at that hour?
257
00:11:26,811 --> 00:11:28,813
I run
an intensive training program
258
00:11:28,813 --> 00:11:30,565
for some guys at the gym.
259
00:11:30,565 --> 00:11:32,400
I call it the Combat Academy.
260
00:11:32,400 --> 00:11:34,569
I base it on the Navy SEALs
training course.
261
00:11:34,569 --> 00:11:37,072
So, once a week, we do
a late-night endurance run.
262
00:11:37,072 --> 00:11:38,740
And when did
this endurance run end?
263
00:11:38,740 --> 00:11:40,241
Around midnight.
264
00:11:40,241 --> 00:11:42,577
Okay, so you go
on your little fun run.
265
00:11:42,577 --> 00:11:45,121
Then you get on the subway,
and you kill Ellis Joyner.
266
00:11:45,121 --> 00:11:46,915
I was never on the subway.
267
00:11:46,915 --> 00:11:48,833
We have you on video.
268
00:11:48,833 --> 00:11:52,295
You can make out
this sweatshirt
269
00:11:52,295 --> 00:11:54,589
and those sneakers
clear as day.
270
00:11:54,589 --> 00:11:56,883
These are part
of the Combat Academy uniform.
271
00:11:56,883 --> 00:11:58,343
Every member has them.
272
00:12:00,428 --> 00:12:02,347
Look, fellas,
I'm trying to tell you--
273
00:12:02,347 --> 00:12:05,058
after the run was over, I went
to my girlfriend's apartment.
274
00:12:05,058 --> 00:12:07,102
She lives a few blocks away.
275
00:12:07,102 --> 00:12:09,979
You can check with her doorman.
276
00:12:09,979 --> 00:12:12,399
All right, and would you
be willing to submit
277
00:12:12,399 --> 00:12:14,693
to a DNA swab?
278
00:12:14,693 --> 00:12:15,819
Fine.
279
00:12:15,819 --> 00:12:17,112
We're also gonna need
the names
280
00:12:17,112 --> 00:12:20,115
of every member
of your Combat Academy
281
00:12:20,115 --> 00:12:21,533
that was there that night.
282
00:12:21,533 --> 00:12:25,495
♪ ♪
283
00:12:30,583 --> 00:12:31,751
[school bell rings]
- All right. See you guys.
284
00:12:33,461 --> 00:12:36,339
- Brandon Arnou?
- Yes?
285
00:12:36,339 --> 00:12:39,050
NYPD, we need to talk
to you for a minute.
286
00:12:39,050 --> 00:12:41,302
Uh, yeah, of course.
Is something wrong?
287
00:12:41,302 --> 00:12:43,972
- We're investigating a murder.
- A murder?
288
00:12:43,972 --> 00:12:45,432
Are you a member
289
00:12:45,432 --> 00:12:46,808
of Domhnall Kovac's
Combat Academy?
290
00:12:46,808 --> 00:12:49,269
Uh, yes. Why?
291
00:12:49,269 --> 00:12:50,937
Did you attend
his midnight training session
292
00:12:50,937 --> 00:12:51,980
three nights ago?
293
00:12:51,980 --> 00:12:54,649
Um, I-I did.
294
00:12:54,649 --> 00:12:56,234
I did, yeah.
295
00:12:56,234 --> 00:12:58,153
Yeah, I'm trying
to get back into shape.
296
00:12:58,153 --> 00:12:59,904
My wife left me
last year, and I--
297
00:12:59,904 --> 00:13:02,574
You--you don't need
to know all that. [chuckles]
298
00:13:02,574 --> 00:13:05,160
You ride the subway home
after that?
299
00:13:05,160 --> 00:13:06,995
Uh, no.
300
00:13:06,995 --> 00:13:08,538
- Really?
- Mm-mm.
301
00:13:08,538 --> 00:13:10,165
'Cause we noticed that your
apartment's a straight shot
302
00:13:10,165 --> 00:13:11,958
on the C train from Chelsea.
303
00:13:11,958 --> 00:13:14,169
Yeah, well,
I-I-I ran home,
304
00:13:14,169 --> 00:13:16,838
trying to push myself,
you know?
305
00:13:16,838 --> 00:13:18,340
How did you get that lip?
306
00:13:18,340 --> 00:13:20,383
Oh, uh, grappling training.
307
00:13:20,383 --> 00:13:21,801
Took an elbow to the face.
[chuckles]
308
00:13:21,801 --> 00:13:24,596
Would you be willing
to submit to a DNA swab,
309
00:13:24,596 --> 00:13:27,682
just to eliminate you
as a suspect?
310
00:13:27,682 --> 00:13:29,809
Uh...
311
00:13:29,809 --> 00:13:31,519
[sighs]
312
00:13:31,519 --> 00:13:35,398
Look, it was an accident.
- What was an accident?
313
00:13:35,398 --> 00:13:37,484
That man was attacking
a woman on the subway.
314
00:13:37,484 --> 00:13:39,402
I-I was just trying
to protect her.
315
00:13:39,402 --> 00:13:42,530
I know I should have told
someone, but I panicked.
316
00:13:42,530 --> 00:13:45,617
Are you admitting
to killing Ellis Joyner?
317
00:13:45,617 --> 00:13:48,078
[dramatic music]
318
00:13:48,078 --> 00:13:50,163
Look, I didn't mean to.
319
00:13:50,163 --> 00:13:51,831
- Okay.
- I-I was just trying to help.
320
00:13:51,831 --> 00:13:53,875
Hands behind your back.
321
00:13:53,875 --> 00:13:55,835
We're gonna walk
out of here nice and slow.
322
00:13:55,835 --> 00:13:57,295
Here we go.
323
00:13:59,089 --> 00:14:01,132
Detectives, what is
the holdup here?
324
00:14:01,132 --> 00:14:04,260
My client has explained to you
what happened several times.
325
00:14:04,260 --> 00:14:06,930
Yeah, we really appreciate
your cooperation, too.
326
00:14:06,930 --> 00:14:08,848
He has nothing to hide.
327
00:14:08,848 --> 00:14:12,060
Arnou, so that woman that you
say Ellis Joyner attacked,
328
00:14:12,060 --> 00:14:14,104
the one you claim
to have rescued,
329
00:14:14,104 --> 00:14:15,939
she was dressed like
a dancer, yeah?
330
00:14:15,939 --> 00:14:17,399
Yeah, she was wearing tights,
331
00:14:17,399 --> 00:14:21,277
and her hair was
in a, uh, ball, you know?
332
00:14:21,277 --> 00:14:23,113
Thing is, we checked
the surveillance footage
333
00:14:23,113 --> 00:14:24,489
from the train platforms,
334
00:14:24,489 --> 00:14:26,449
and we didn't find anybody
meeting that description.
335
00:14:26,449 --> 00:14:28,201
I'm telling you,
she was there.
336
00:14:28,201 --> 00:14:30,870
Were the cameras working
at every station?
337
00:14:30,870 --> 00:14:33,790
We also executed
a search warrant in your home.
338
00:14:33,790 --> 00:14:35,125
Didn't find anything.
339
00:14:35,125 --> 00:14:38,044
Yeah, well, of course not.
What would you find?
340
00:14:38,044 --> 00:14:40,171
Mm. Yeah, but, see,
then we got a search warrant
341
00:14:40,171 --> 00:14:41,631
for your gym locker.
342
00:14:41,631 --> 00:14:43,883
That's where we found
something really interesting.
343
00:14:43,883 --> 00:14:47,554
Ellis Joyner's cell phone,
but you knew that...
344
00:14:47,554 --> 00:14:50,098
because you stole it from him
right after you killed him,
345
00:14:50,098 --> 00:14:51,266
and we know why.
346
00:14:51,266 --> 00:14:52,600
Because right after
you attacked him,
347
00:14:52,600 --> 00:14:54,394
he started recording you,
didn't he?
348
00:14:54,394 --> 00:14:56,354
And, see, what you don't know
about Black people is,
349
00:14:56,354 --> 00:14:58,648
we can never be too careful
'cause we don't know
350
00:14:58,648 --> 00:15:01,109
who's gonna try to paint us out
to be the bad guy.
351
00:15:01,109 --> 00:15:03,069
So we watched that video,
352
00:15:03,069 --> 00:15:05,030
and we listened to it,
and we did not see any woman.
353
00:15:05,030 --> 00:15:06,740
But what we did see is that--
354
00:15:06,740 --> 00:15:10,118
Don't say another word.
355
00:15:10,118 --> 00:15:11,661
This interview's over.
356
00:15:11,661 --> 00:15:15,790
♪ ♪
357
00:15:15,790 --> 00:15:18,043
What do you think?
358
00:15:18,043 --> 00:15:20,045
It's a tough call.
359
00:15:20,045 --> 00:15:21,463
He admits to killing Joyner,
360
00:15:21,463 --> 00:15:24,466
but I'm not sure
we have enough to charge.
361
00:15:24,466 --> 00:15:26,968
So we have two choices.
362
00:15:26,968 --> 00:15:30,347
We can either cut him loose,
or we can arrest him.
363
00:15:30,347 --> 00:15:36,394
♪ ♪
364
00:15:36,394 --> 00:15:37,812
Arrest him.
365
00:15:37,812 --> 00:15:43,651
♪ ♪
366
00:15:43,651 --> 00:15:45,487
Brandon Arnou's
really captured
367
00:15:45,487 --> 00:15:47,614
the public's attention.
- Sure has.
368
00:15:47,614 --> 00:15:49,532
Half the city buys
Arnou's story--
369
00:15:49,532 --> 00:15:51,368
that he killed Joyner
in self-defense--
370
00:15:51,368 --> 00:15:54,120
and the other half
sees white man
371
00:15:54,120 --> 00:15:55,830
killing an unarmed Black man.
372
00:15:55,830 --> 00:15:59,209
It's a litmus test
for what people think
373
00:15:59,209 --> 00:16:00,543
or what they want to believe.
374
00:16:00,543 --> 00:16:02,671
Well, here's what I believe.
375
00:16:02,671 --> 00:16:05,298
Arnou held Joyner
in a choke hold
376
00:16:05,298 --> 00:16:07,676
for a long time
after he was unconscious.
377
00:16:07,676 --> 00:16:09,844
Even if he was acting
in self-defense
378
00:16:09,844 --> 00:16:11,179
at the start of all this,
379
00:16:11,179 --> 00:16:12,931
it eventually turned
into a homicide.
380
00:16:12,931 --> 00:16:14,349
And we have video
that supports that?
381
00:16:14,349 --> 00:16:15,642
Uh, sort of.
382
00:16:15,642 --> 00:16:17,310
Seconds after Joyner
pulled out his phone
383
00:16:17,310 --> 00:16:18,353
to record the incident,
384
00:16:18,353 --> 00:16:20,438
Arnou knocked it
out of his hands.
385
00:16:20,438 --> 00:16:23,191
Then the phone landed
on the ground lens down.
386
00:16:23,191 --> 00:16:24,401
Visually, it's just black.
387
00:16:24,401 --> 00:16:26,444
But it kept recording,
so there's audio.
388
00:16:26,444 --> 00:16:29,239
You can hear Arnou get Joyner
into the choke hold.
389
00:16:29,239 --> 00:16:31,533
Joyner repeatedly says
he can't breathe.
390
00:16:31,533 --> 00:16:33,743
And after that,
the tape goes silent.
391
00:16:33,743 --> 00:16:35,870
- Because Joyner passed out.
- That's what it seems like.
392
00:16:35,870 --> 00:16:36,955
After he goes quiet,
393
00:16:36,955 --> 00:16:39,207
there's three minutes
of total silence
394
00:16:39,207 --> 00:16:40,417
before Arnou gets off him.
395
00:16:40,417 --> 00:16:41,960
You're saying
that he kept Joyner
396
00:16:41,960 --> 00:16:43,670
in a choke hold
for three full minutes
397
00:16:43,670 --> 00:16:45,255
after he seemed
to have passed out?
398
00:16:45,255 --> 00:16:46,840
Mm-hmm, and Arnou
picks up the phone,
399
00:16:46,840 --> 00:16:48,800
realizes it's been recording,
and then stops it.
400
00:16:48,800 --> 00:16:51,803
But the phone must've locked.
- Which is why Arnou took it.
401
00:16:51,803 --> 00:16:53,513
He realized it would upload
to the cloud,
402
00:16:53,513 --> 00:16:54,639
so he wanted to delete it.
403
00:16:54,639 --> 00:16:56,683
Search history
on Arnou's laptop
404
00:16:56,683 --> 00:16:58,768
shows that he was trying
to figure out
405
00:16:58,768 --> 00:17:00,478
how to access a phone
without a passcode.
406
00:17:00,478 --> 00:17:02,480
Obviously knew
the video was damning.
407
00:17:02,480 --> 00:17:04,566
So what's the next move?
What are you thinking?
408
00:17:04,566 --> 00:17:07,694
We have a solid case
for manslaughter.
409
00:17:07,694 --> 00:17:09,446
Whether you believe
Arnou's account or not,
410
00:17:09,446 --> 00:17:12,073
there--there's no question
he used excessive force.
411
00:17:12,073 --> 00:17:13,324
Manslaughter?
412
00:17:13,324 --> 00:17:15,035
You just told me
he choked him out
413
00:17:15,035 --> 00:17:17,078
for three minutes after
he was already unconscious.
414
00:17:17,078 --> 00:17:20,707
Correct, but Arnou claims
he was trying to help someone.
415
00:17:20,707 --> 00:17:22,417
He was trying
to protect a young woman.
416
00:17:22,417 --> 00:17:25,378
That woman we haven't been
able to identify.
417
00:17:25,378 --> 00:17:27,422
This isn't manslaughter,
Nolan.
418
00:17:27,422 --> 00:17:29,632
This is depraved indifference
to human life.
419
00:17:29,632 --> 00:17:31,092
You want to charge him
with murder?
420
00:17:31,092 --> 00:17:33,970
Absolutely.
We need to make a statement.
421
00:17:33,970 --> 00:17:35,805
The facts are tricky.
422
00:17:35,805 --> 00:17:37,932
Arnou claims he was trying
to save a woman's life,
423
00:17:37,932 --> 00:17:40,352
not to mention he has
no history of violence.
424
00:17:40,352 --> 00:17:41,603
I understand.
425
00:17:41,603 --> 00:17:45,190
But this is George Floyd
all over again.
426
00:17:45,190 --> 00:17:47,108
And I'm sure as hell
not gonna end up
427
00:17:47,108 --> 00:17:48,443
on the wrong side of it.
428
00:17:48,443 --> 00:17:50,236
Charge him with murder two.
429
00:18:00,622 --> 00:18:01,414
- [grunting]
- [gasping]
430
00:18:03,708 --> 00:18:07,045
I can't breathe.
431
00:18:07,045 --> 00:18:09,464
- [grunting]
- I can't breathe.
432
00:18:11,216 --> 00:18:12,592
[gasps]
433
00:18:12,592 --> 00:18:15,762
[train rattling]
434
00:18:20,517 --> 00:18:22,811
[object clatters]
435
00:18:22,811 --> 00:18:25,355
[breathing heavily]
436
00:18:25,355 --> 00:18:26,815
Oh, my God.
437
00:18:30,694 --> 00:18:34,114
Dr. Infante, could you
explain what we just heard?
438
00:18:34,114 --> 00:18:36,199
Once the air supply
has been cut off,
439
00:18:36,199 --> 00:18:39,327
it takes about five minutes
for brain death to occur--
440
00:18:39,327 --> 00:18:41,246
half that time
for an asthmatic.
441
00:18:41,246 --> 00:18:44,374
The body goes through
severe seizure-like activity
442
00:18:44,374 --> 00:18:46,084
with convulsions.
443
00:18:46,084 --> 00:18:49,045
And once enough pressure was
applied to the carotid artery,
444
00:18:49,045 --> 00:18:51,172
the victim would have lost
consciousness.
445
00:18:51,172 --> 00:18:53,425
Which accounts
for the last three minutes
446
00:18:53,425 --> 00:18:54,843
when there were no sounds
of a struggle?
447
00:18:54,843 --> 00:18:55,969
Yes.
448
00:18:55,969 --> 00:18:58,263
Meaning after
those first few minutes,
449
00:18:58,263 --> 00:18:59,764
Ellis Joyner no longer posed
450
00:18:59,764 --> 00:19:01,516
a lethal threat
to the defendant?
451
00:19:01,516 --> 00:19:03,560
In my professional
opinion, no.
452
00:19:03,560 --> 00:19:07,230
And--and yet,
for three full minutes,
453
00:19:07,230 --> 00:19:11,151
the defendant
just continued to choke him.
454
00:19:11,151 --> 00:19:15,071
Thank you, Doctor.
No further questions.
455
00:19:15,071 --> 00:19:17,907
[chair scrapes]
456
00:19:17,907 --> 00:19:20,118
Dr. Infante, isn't it true
457
00:19:20,118 --> 00:19:22,412
that the surge
of adrenaline caused
458
00:19:22,412 --> 00:19:24,914
by a life-or-death
confrontation
459
00:19:24,914 --> 00:19:27,959
can distort not only
one's sense of time
460
00:19:27,959 --> 00:19:31,338
but also an awareness
of one's surroundings?
461
00:19:31,338 --> 00:19:33,715
It's possible.
462
00:19:33,715 --> 00:19:36,134
Would you characterize
such a response as reasonable?
463
00:19:36,134 --> 00:19:39,346
I would say
it's not uncommon.
464
00:19:39,346 --> 00:19:43,183
So you're saying it is
both possible and reasonable
465
00:19:43,183 --> 00:19:46,978
that in the confusion
and panic of the moment,
466
00:19:46,978 --> 00:19:49,731
Brandon Arnou did not realize
467
00:19:49,731 --> 00:19:52,817
that the man he believed
was trying to kill him
468
00:19:52,817 --> 00:19:55,278
had lost consciousness?
469
00:19:55,278 --> 00:19:56,571
Yes.
470
00:19:56,571 --> 00:19:59,699
Thank you.
Nothing further.
471
00:20:03,036 --> 00:20:05,205
How long had you
and Ellis Joyner
472
00:20:05,205 --> 00:20:07,248
been seeing each other?
473
00:20:07,248 --> 00:20:09,000
About six months.
474
00:20:09,000 --> 00:20:12,545
It wasn't
a storybook romance, but...
475
00:20:12,545 --> 00:20:14,547
it was the best six months
of my life.
476
00:20:14,547 --> 00:20:17,008
You were on the train
that night with Ellis, correct?
477
00:20:17,008 --> 00:20:20,553
Yes, I got off
at 50th Street to go home.
478
00:20:20,553 --> 00:20:22,514
Did you interact
with the defendant at all
479
00:20:22,514 --> 00:20:23,890
while you were on the train?
480
00:20:23,890 --> 00:20:27,519
Yes, I caught him staring
at us a couple of times.
481
00:20:27,519 --> 00:20:29,437
It was weird.
482
00:20:29,437 --> 00:20:32,357
And when I got up
to get off, he...
483
00:20:32,357 --> 00:20:33,566
stepped in my way.
484
00:20:33,566 --> 00:20:35,193
Intentionally?
485
00:20:35,193 --> 00:20:37,529
Yeah, aggressively.
486
00:20:37,529 --> 00:20:40,365
When I accidentally bumped
into him,
487
00:20:40,365 --> 00:20:43,868
he said, "Watch yourself,"
with this tone.
488
00:20:43,868 --> 00:20:46,621
- What kind of tone?
- A racist tone.
489
00:20:46,621 --> 00:20:49,624
Like, he might as well have
said, "Watch yourself, boy."
490
00:20:49,624 --> 00:20:52,127
Objection, Your Honor,
calls for speculation.
491
00:20:52,127 --> 00:20:55,088
The witness can't testify
to things my client didn't say.
492
00:20:55,088 --> 00:20:56,256
Sustained.
493
00:20:56,256 --> 00:20:58,383
The jury will disregard.
494
00:20:58,383 --> 00:21:00,135
No further questions.
495
00:21:03,430 --> 00:21:06,891
You claim
that Mr. Arnou was aggressive
496
00:21:06,891 --> 00:21:08,977
towards you, confrontational.
497
00:21:08,977 --> 00:21:10,478
He was.
498
00:21:10,478 --> 00:21:15,150
But Mr. Arnou has no history
of violent behavior, none.
499
00:21:15,150 --> 00:21:16,484
So?
500
00:21:16,484 --> 00:21:19,237
But you do, right?
501
00:21:19,237 --> 00:21:21,573
You were charged
with aggravated assault.
502
00:21:21,573 --> 00:21:23,366
Yeah, but that has
nothing to do
503
00:21:23,366 --> 00:21:25,076
with what happened that night.
504
00:21:25,076 --> 00:21:27,954
He was the aggressor.
- I see.
505
00:21:27,954 --> 00:21:32,250
And to be clear, you were not
a witness to the altercation
506
00:21:32,250 --> 00:21:35,587
between Ellis Joyner
and Mr. Arnou?
507
00:21:35,587 --> 00:21:37,630
- Correct.
- So you have no idea
508
00:21:37,630 --> 00:21:39,758
if Joyner attacked
that woman or not,
509
00:21:39,758 --> 00:21:42,594
and you have no idea
if Mr. Arnou was,
510
00:21:42,594 --> 00:21:45,138
in fact, trying to help her.
511
00:21:45,138 --> 00:21:49,434
I wasn't there, but I know
he didn't attack that woman.
512
00:21:49,434 --> 00:21:53,146
But you weren't there.
513
00:21:54,481 --> 00:21:56,399
No further questions.
514
00:21:56,399 --> 00:21:58,943
The witness may step down.
515
00:21:58,943 --> 00:22:00,945
Call your next witness,
Mr. Price.
516
00:22:00,945 --> 00:22:02,739
The prosecution rests.
517
00:22:02,739 --> 00:22:05,116
Mr. Kagan, you're up.
518
00:22:05,116 --> 00:22:09,037
The defense calls
Rebecca Lasky.
519
00:22:09,037 --> 00:22:10,955
Objection, Your Honor,
unfair surprise.
520
00:22:10,955 --> 00:22:12,457
This is the first
we are hearing
521
00:22:12,457 --> 00:22:13,958
of any witness by that name.
522
00:22:13,958 --> 00:22:16,711
That's because this witness
only just came forward.
523
00:22:16,711 --> 00:22:21,383
♪ ♪
524
00:22:21,383 --> 00:22:26,763
Ms. Lasky, were you
on the C subway train
525
00:22:26,763 --> 00:22:30,308
the night Ellis Joyner
was killed?
526
00:22:30,308 --> 00:22:32,644
Yes, I was there.
527
00:22:32,644 --> 00:22:35,605
Did you witness
the altercation?
528
00:22:35,605 --> 00:22:37,982
Yes, I did.
529
00:22:37,982 --> 00:22:40,235
Can you tell us
what happened?
530
00:22:42,112 --> 00:22:44,781
I entered the subway car
531
00:22:44,781 --> 00:22:48,326
and accidentally bumped
into Mr. Joyner,
532
00:22:48,326 --> 00:22:49,869
and...
533
00:22:49,869 --> 00:22:53,289
he appeared to be
mentally disturbed in some way.
534
00:22:53,289 --> 00:22:57,836
He kept making these aggressive
grunting noises.
535
00:22:57,836 --> 00:23:00,005
And then he lunged at me.
536
00:23:00,005 --> 00:23:02,132
And then what happened?
537
00:23:02,132 --> 00:23:06,344
He reached into his pocket.
538
00:23:06,344 --> 00:23:10,932
I was scared he had a knife
or something, so I screamed.
539
00:23:10,932 --> 00:23:14,519
I screamed for help...
540
00:23:14,519 --> 00:23:16,813
and that man saved me.
541
00:23:16,813 --> 00:23:19,691
My client, Mr. Arnou?
542
00:23:19,691 --> 00:23:22,569
Yes, he grabbed Mr. Joyner,
543
00:23:22,569 --> 00:23:26,489
and he pulled him away from me.
544
00:23:26,489 --> 00:23:30,785
And then Joyner attacked him,
and they started fighting.
545
00:23:30,785 --> 00:23:32,996
I was terrified.
546
00:23:32,996 --> 00:23:35,498
If he hadn't been there...
547
00:23:37,417 --> 00:23:39,336
That man is a hero.
548
00:23:39,336 --> 00:23:46,301
♪ ♪
549
00:23:54,684 --> 00:23:55,352
[knock at door]
- Yep.
550
00:23:56,561 --> 00:23:59,481
Turns out there really was
a female witness.
551
00:23:59,481 --> 00:24:02,150
- So I've heard.
- She was credible, too.
552
00:24:02,150 --> 00:24:04,569
Her testimony was compelling.
553
00:24:04,569 --> 00:24:06,321
Meaning what?
554
00:24:06,321 --> 00:24:08,114
We should offer
a manslaughter plea.
555
00:24:08,114 --> 00:24:10,075
[scoffs] I'd be surprised
if they accepted it,
556
00:24:10,075 --> 00:24:11,451
but it's worth a shot.
557
00:24:11,451 --> 00:24:14,287
But the audio-video clip
hasn't changed, correct?
558
00:24:14,287 --> 00:24:16,164
- Excuse me?
- The clip where we hear
559
00:24:16,164 --> 00:24:18,541
Mr. Joyner
begging for his life,
560
00:24:18,541 --> 00:24:21,878
where we hear Mr. Arnou
choking out
561
00:24:21,878 --> 00:24:24,506
an unconscious man
for a full three minutes.
562
00:24:24,506 --> 00:24:27,008
That is correct.
That clip still exists.
563
00:24:27,008 --> 00:24:29,177
But there is now more context
for it--
564
00:24:29,177 --> 00:24:31,096
context that is not
in our favor.
565
00:24:31,096 --> 00:24:33,348
But just because
a white woman saw Joyner
566
00:24:33,348 --> 00:24:35,684
as a threat
doesn't make it true.
567
00:24:35,684 --> 00:24:38,561
Like I said,
her testimony was credible.
568
00:24:38,561 --> 00:24:41,356
The jury seemed
to respond quite favorably.
569
00:24:41,356 --> 00:24:43,024
But the witness
wasn't actually there
570
00:24:43,024 --> 00:24:44,234
when the murder took place.
571
00:24:44,234 --> 00:24:46,403
She left before
the fight ended, right?
572
00:24:46,403 --> 00:24:48,363
That's why she didn't show up
in the video.
573
00:24:48,363 --> 00:24:51,658
- Mm-hmm.
- So make that clear, Nolan.
574
00:24:53,702 --> 00:24:56,413
Remind them that Ms. Lasky
wasn't present
575
00:24:56,413 --> 00:24:59,499
when the defendant choked
the life out of Mr. Joyner.
576
00:25:05,088 --> 00:25:09,426
{\an8}Ms. Lasky, you weren't
actually present
577
00:25:09,426 --> 00:25:13,471
{\an8}when the defendant strangled
Ellis Joyner to death, correct?
578
00:25:13,471 --> 00:25:16,641
No, the train stopped
while they were still fighting,
579
00:25:16,641 --> 00:25:19,269
and I got off.
580
00:25:19,269 --> 00:25:21,521
But I saw the start
of the fight.
581
00:25:21,521 --> 00:25:24,774
I saw Mr. Arnou grab Joyner
by the arm
582
00:25:24,774 --> 00:25:27,152
and pull him away from me.
583
00:25:27,152 --> 00:25:31,072
And then I saw Joyner
elbow him in the face.
584
00:25:31,072 --> 00:25:34,826
Right, because Mr. Joyner
was terrified.
585
00:25:34,826 --> 00:25:37,871
From his perspective, he was
the one fighting for his life.
586
00:25:37,871 --> 00:25:40,373
I don't know.
587
00:25:40,373 --> 00:25:43,543
It all happened really fast.
588
00:25:43,543 --> 00:25:46,629
And they were yelling
at each other.
589
00:25:46,629 --> 00:25:50,925
And Mr. Arnou kept yelling
at him to stop, to surrender,
590
00:25:50,925 --> 00:25:52,677
and that he was bleeding,
591
00:25:52,677 --> 00:25:55,513
and he was dirty--
592
00:25:55,513 --> 00:25:58,975
or fighting dirty.
593
00:25:58,975 --> 00:26:02,896
I don't really remember
the exact words.
594
00:26:02,896 --> 00:26:04,731
But Joyner didn't listen.
595
00:26:04,731 --> 00:26:07,650
He reached into his pocket.
596
00:26:07,650 --> 00:26:10,820
It looked like he was trying
to grab a knife.
597
00:26:10,820 --> 00:26:12,822
So Mr. Arnou tackled him,
598
00:26:12,822 --> 00:26:15,784
and they started wrestling.
599
00:26:15,784 --> 00:26:18,578
That's when the train stopped,
and I got off.
600
00:26:18,578 --> 00:26:20,330
Just got off?
601
00:26:20,330 --> 00:26:22,749
You didn't tell anyone
what was happening?
602
00:26:22,749 --> 00:26:24,459
I wasn't thinking straight.
603
00:26:24,459 --> 00:26:27,170
Everything was
happening at once.
604
00:26:27,170 --> 00:26:30,215
[sighs] When the doors opened,
I ran out to look
605
00:26:30,215 --> 00:26:33,051
for someone to tell,
like a cop or something.
606
00:26:33,051 --> 00:26:35,804
But the subway station
was empty.
607
00:26:35,804 --> 00:26:38,098
Then the doors closed,
and the train took off.
608
00:26:38,098 --> 00:26:42,519
So that means you weren't
there during the three minutes
609
00:26:42,519 --> 00:26:44,437
that Ellis Joyner
was unconscious
610
00:26:44,437 --> 00:26:45,980
and the defendant continued
611
00:26:45,980 --> 00:26:48,483
to choke the life
out of his body?
612
00:26:48,483 --> 00:26:52,445
No, but, like I said,
I thought he had a knife.
613
00:26:52,445 --> 00:26:54,489
I'm sure Mr. Arnou did, too.
614
00:26:54,489 --> 00:26:57,992
Did you actually see a knife?
615
00:26:57,992 --> 00:26:59,160
No, but--
616
00:26:59,160 --> 00:27:02,539
Did you see a weapon
of any kind?
617
00:27:04,374 --> 00:27:07,043
- No.
- And you had no idea
618
00:27:07,043 --> 00:27:11,131
that Ellis Joyner
was severely asthmatic?
619
00:27:11,131 --> 00:27:12,632
I didn't at the time.
620
00:27:12,632 --> 00:27:15,343
Mr. Joyner had been
in an altercation
621
00:27:15,343 --> 00:27:16,928
with a fellow comic that night,
622
00:27:16,928 --> 00:27:20,682
then a fraught, verbal argument
with his boyfriend.
623
00:27:20,682 --> 00:27:24,769
High-stress situations
can trigger an asthma attack.
624
00:27:24,769 --> 00:27:28,523
Ellis Joyner was having
an asthma attack.
625
00:27:28,523 --> 00:27:32,527
He wasn't acting aggressively,
nor was he mentally ill.
626
00:27:32,527 --> 00:27:35,530
He was simply having
an asthma attack,
627
00:27:35,530 --> 00:27:38,533
and you misinterpreted
his behavior.
628
00:27:38,533 --> 00:27:42,328
You saw a scary Black man
making a noise--
629
00:27:42,328 --> 00:27:44,039
- Objection.
- Sustained.
630
00:27:44,039 --> 00:27:48,418
[soft tense music]
631
00:27:48,418 --> 00:27:50,253
[sighs]
632
00:27:50,253 --> 00:27:52,547
♪ ♪
633
00:27:52,547 --> 00:27:54,883
Mr. Joyner's behavior
that night was consistent
634
00:27:54,883 --> 00:27:58,428
with someone suffering
from an asthma attack, correct?
635
00:28:00,055 --> 00:28:04,184
Yes, I suppose.
636
00:28:04,184 --> 00:28:08,980
And if that's what it was...
637
00:28:08,980 --> 00:28:11,649
I feel terrible.
638
00:28:11,649 --> 00:28:13,360
Then...
639
00:28:13,360 --> 00:28:17,906
this whole thing i-is...
640
00:28:17,906 --> 00:28:21,659
it's all my fault.
641
00:28:21,659 --> 00:28:23,370
But either way,
642
00:28:23,370 --> 00:28:26,164
Mr. Arnou came to my defense.
643
00:28:26,164 --> 00:28:28,208
♪ ♪
644
00:28:28,208 --> 00:28:32,003
He tried to help me,
645
00:28:32,003 --> 00:28:34,255
and he shouldn't be held
responsible.
646
00:28:34,255 --> 00:28:41,221
♪ ♪
647
00:28:41,221 --> 00:28:44,557
She made a strong case that
Arnou is not the one to blame.
648
00:28:44,557 --> 00:28:45,892
Yeah.
649
00:28:45,892 --> 00:28:48,103
What do you think
about what Lasky said in there,
650
00:28:48,103 --> 00:28:50,230
that, uh, bit about Arnou
saying something
651
00:28:50,230 --> 00:28:51,648
about blood and dirt?
652
00:28:51,648 --> 00:28:53,900
Oh, I-I don't know what
to make of it. Why?
653
00:28:53,900 --> 00:28:55,944
Do you think it's possible
he was saying something
654
00:28:55,944 --> 00:28:58,780
about "blood and soil"?
655
00:28:58,780 --> 00:29:01,533
- That's a Nazi slogan.
- Exactly.
656
00:29:01,533 --> 00:29:04,202
It's the new battle cry
of white nationalist groups.
657
00:29:04,202 --> 00:29:06,538
You think Arnou is
a white supremacist?
658
00:29:06,538 --> 00:29:07,831
Yeah, I-I don't know.
659
00:29:07,831 --> 00:29:09,708
I'm--I'm just trying
to understand
660
00:29:09,708 --> 00:29:11,626
why he was saying
"blood and dirt."
661
00:29:11,626 --> 00:29:14,379
We interviewed his neighbors,
his coworkers.
662
00:29:14,379 --> 00:29:16,172
None of them reported anything
that would suggest--
663
00:29:16,172 --> 00:29:20,719
What about where he trains,
the, uh, Kovac Academy?
664
00:29:20,719 --> 00:29:21,720
What about it?
665
00:29:21,720 --> 00:29:23,555
Detectives interviewed
the owner.
666
00:29:23,555 --> 00:29:26,266
He has ties to a few white
nationalist organizations.
667
00:29:28,309 --> 00:29:29,561
Check it out.
668
00:29:32,439 --> 00:29:35,817
I already told you.
I don't know Arnou too well.
669
00:29:35,817 --> 00:29:38,945
I just have a few questions.
It won't take long, promise.
670
00:29:38,945 --> 00:29:42,198
[grunts]
Fine, what do you want to know?
671
00:29:42,198 --> 00:29:44,159
Have you ever heard him
say something
672
00:29:44,159 --> 00:29:47,662
that might be interpreted
as racist?
673
00:29:47,662 --> 00:29:49,873
I'm sorry,
but I can't help you.
674
00:29:49,873 --> 00:29:53,251
You can't,
or you don't want to?
675
00:29:55,211 --> 00:29:58,548
I'm closing up, so...
676
00:29:58,548 --> 00:30:02,177
You're aware that Arnou is
on trial for murder?
677
00:30:02,177 --> 00:30:04,012
I am.
678
00:30:04,012 --> 00:30:10,935
♪ ♪
679
00:30:14,147 --> 00:30:16,024
Hold up.
680
00:30:16,024 --> 00:30:22,238
♪ ♪
681
00:30:22,238 --> 00:30:25,742
Look, I can't get
into the details, but...
682
00:30:25,742 --> 00:30:30,163
let's just say you're heading
down the right path.
683
00:30:30,163 --> 00:30:33,833
"Right path"? What the hell
is that supposed to mean?
684
00:30:33,833 --> 00:30:36,127
Like I said,
I can't help you.
685
00:30:36,127 --> 00:30:37,712
Why not?
686
00:30:37,712 --> 00:30:40,173
Because it would blow
my cover.
687
00:30:40,173 --> 00:30:42,801
♪ ♪
688
00:30:42,801 --> 00:30:44,177
You're a cop?
689
00:30:54,562 --> 00:30:55,146
Nick, good to see you.
690
00:30:56,439 --> 00:30:57,816
How you doing, Robin?
691
00:30:57,816 --> 00:30:59,609
- Thanks for coming down.
- Of course.
692
00:30:59,609 --> 00:31:01,820
Um, this is Carol Oberlin.
693
00:31:01,820 --> 00:31:05,490
She's our Deputy Commissioner
of Counterterrorism.
694
00:31:05,490 --> 00:31:06,991
- Glad to meet you.
- Likewise.
695
00:31:06,991 --> 00:31:10,120
I understand you stumbled on
to our undercover operation.
696
00:31:10,120 --> 00:31:11,913
We did.
697
00:31:11,913 --> 00:31:14,457
And, fortunately, a detective
of yours has information
698
00:31:14,457 --> 00:31:17,127
pertinent to a murder
we're prosecuting.
699
00:31:17,127 --> 00:31:18,628
Uh, that's great.
700
00:31:18,628 --> 00:31:21,047
But, uh, let us get you
up to speed
701
00:31:21,047 --> 00:31:23,174
on what it is
we're actually investigating,
702
00:31:23,174 --> 00:31:24,509
give you a sense
703
00:31:24,509 --> 00:31:26,428
of the scope of what
we're dealing with here.
704
00:31:26,428 --> 00:31:28,013
Please.
- Okay.
705
00:31:29,764 --> 00:31:33,435
We've actually had our eye
on Kovac for a while now.
706
00:31:33,435 --> 00:31:35,812
His gym is an "active club,"
707
00:31:35,812 --> 00:31:37,605
part of
an international network
708
00:31:37,605 --> 00:31:39,774
of white supremacist
sleeper cells,
709
00:31:39,774 --> 00:31:42,736
all fronting
as small MMA-style gyms.
710
00:31:42,736 --> 00:31:44,612
How big a network
are we talking about?
711
00:31:44,612 --> 00:31:47,282
So far, we've identified
over 30 active clubs
712
00:31:47,282 --> 00:31:48,908
across 9 different states
713
00:31:48,908 --> 00:31:50,952
and several provinces
of Canada.
714
00:31:50,952 --> 00:31:52,203
So how do they work?
715
00:31:52,203 --> 00:31:54,247
The clubs operate
as recruitment centers.
716
00:31:54,247 --> 00:31:57,375
They lure in young white men
under the guise of getting fit,
717
00:31:57,375 --> 00:32:01,046
while indoctrinating them
in racist ideology
718
00:32:01,046 --> 00:32:03,548
and training them
in military combat.
719
00:32:03,548 --> 00:32:05,717
- They're building an army.
- They're trying to.
720
00:32:05,717 --> 00:32:07,719
It's the new face of hate.
721
00:32:07,719 --> 00:32:10,472
No more white sheets
or burning crosses.
722
00:32:10,472 --> 00:32:12,557
They've adapted
and created a façade
723
00:32:12,557 --> 00:32:15,060
to mask their racist beliefs.
724
00:32:15,060 --> 00:32:17,187
But we need
your undercover's testimony
725
00:32:17,187 --> 00:32:21,066
to secure a conviction
against one of their members.
726
00:32:21,066 --> 00:32:24,361
Detective Fields
has spent nine months
727
00:32:24,361 --> 00:32:26,863
embedding himself
in this community.
728
00:32:26,863 --> 00:32:28,907
All that goes out the window
if he testifies.
729
00:32:28,907 --> 00:32:32,118
I get that, but we're talking
about murder here.
730
00:32:32,118 --> 00:32:34,788
We're not trying to step
on your toes here, Nick,
731
00:32:34,788 --> 00:32:36,956
but we poured a lot
of resources
732
00:32:36,956 --> 00:32:38,750
and manpower
into this operation.
733
00:32:38,750 --> 00:32:40,585
The stakes are pretty high.
734
00:32:40,585 --> 00:32:43,380
We've recently received
credible intel
735
00:32:43,380 --> 00:32:45,465
that Kovac is now
stockpiling firearms
736
00:32:45,465 --> 00:32:48,510
and explosive materials.
737
00:32:48,510 --> 00:32:50,470
These men are terrorists.
738
00:32:50,470 --> 00:32:53,765
They're capable
of significant violence.
739
00:32:55,600 --> 00:32:57,644
Are you asking me
for a favor?
740
00:32:57,644 --> 00:33:00,146
I'm suggesting you take
a big-picture view
741
00:33:00,146 --> 00:33:01,523
of the situation.
742
00:33:01,523 --> 00:33:04,526
[dramatic music]
743
00:33:04,526 --> 00:33:06,736
♪ ♪
744
00:33:06,736 --> 00:33:08,613
We'd greatly appreciate it.
745
00:33:08,613 --> 00:33:14,160
♪ ♪
746
00:33:14,160 --> 00:33:17,163
- They're planning an attack?
- Against who?
747
00:33:17,163 --> 00:33:19,290
It appears to be some sort
of coordinated effort
748
00:33:19,290 --> 00:33:22,419
along the lines of
the January 6th insurrection,
749
00:33:22,419 --> 00:33:26,172
only more violent and without
advanced warning this time.
750
00:33:26,172 --> 00:33:29,009
This only underscores
how dangerous Arnou is.
751
00:33:29,009 --> 00:33:31,594
Uh, the jury needs to know
he's part of this organization.
752
00:33:31,594 --> 00:33:32,929
But exposing the undercover
753
00:33:32,929 --> 00:33:35,140
would blow up
the whole investigation.
754
00:33:35,140 --> 00:33:37,684
He's the only asset
they have on the inside.
755
00:33:37,684 --> 00:33:39,936
But Ellis Joyner was murdered
756
00:33:39,936 --> 00:33:43,106
most likely
because he was Black.
757
00:33:43,106 --> 00:33:45,817
He deserves justice.
- I couldn't agree more.
758
00:33:45,817 --> 00:33:48,278
All I'm saying is,
we can't call the undercover
759
00:33:48,278 --> 00:33:50,030
as a witness.
760
00:33:51,489 --> 00:33:52,949
It's for the greater good.
761
00:33:52,949 --> 00:33:56,286
Oh, the greater good, right.
762
00:33:56,286 --> 00:33:58,955
Thank God for that phrase.
763
00:33:58,955 --> 00:34:01,082
Excuse me?
[Nolan sighs]
764
00:34:01,082 --> 00:34:02,125
Helps justify a lot
765
00:34:02,125 --> 00:34:06,504
of otherwise
unjustifiable positions.
766
00:34:06,504 --> 00:34:09,007
You're a terrific
prosecutor, Nolan.
767
00:34:09,007 --> 00:34:11,009
You're just gonna have
to find another way
768
00:34:11,009 --> 00:34:13,887
to make clear to the jury
that Arnou is racist.
769
00:34:20,143 --> 00:34:21,853
{\an8}Mr. Kovac,
770
00:34:21,853 --> 00:34:25,440
{\an8}you were Brandon Arnou's
personal trainer, correct?
771
00:34:25,440 --> 00:34:27,192
Yes.
772
00:34:27,192 --> 00:34:28,943
You two spend a lot
of time together?
773
00:34:28,943 --> 00:34:31,029
About five hours a week.
774
00:34:31,029 --> 00:34:33,114
Would you say
you were friendly?
775
00:34:33,114 --> 00:34:35,492
Not really.
We worked out together.
776
00:34:35,492 --> 00:34:38,119
- Five hours a week?
- Yes.
777
00:34:38,119 --> 00:34:41,998
You and the defendant
ever discuss racial ideology?
778
00:34:41,998 --> 00:34:44,000
I don't know what that means.
779
00:34:44,000 --> 00:34:46,753
Did you ever discuss
racial purity,
780
00:34:46,753 --> 00:34:48,546
uh, interracial marriage,
781
00:34:48,546 --> 00:34:50,507
the role
that Black people should
782
00:34:50,507 --> 00:34:53,218
or shouldn't play in society?
783
00:34:53,218 --> 00:34:55,011
I don't know
what you're talking about.
784
00:34:55,011 --> 00:34:56,888
Permission to treat the
witness as hostile, Your Honor?
785
00:34:56,888 --> 00:34:58,682
Permission granted.
786
00:35:00,475 --> 00:35:03,395
You have a tattoo
on your arm, the number 88.
787
00:35:03,395 --> 00:35:05,855
It's a neo-Nazi symbol,
isn't it?
788
00:35:05,855 --> 00:35:08,441
I don't know.
I just like the number 88.
789
00:35:08,441 --> 00:35:10,985
So you don't have a problem
with Black people?
790
00:35:10,985 --> 00:35:12,946
- No.
- Even though you have
791
00:35:12,946 --> 00:35:15,990
four prior battery convictions,
792
00:35:15,990 --> 00:35:18,326
all for assaulting Black men,
793
00:35:18,326 --> 00:35:22,247
two that were charged
as hate crimes, correct?
794
00:35:22,247 --> 00:35:23,581
It was a long time ago.
795
00:35:23,581 --> 00:35:25,875
Even though your bio
796
00:35:25,875 --> 00:35:28,086
in your various
social-media accounts
797
00:35:28,086 --> 00:35:30,714
contains the phrase
"blood and soil"?
798
00:35:30,714 --> 00:35:31,923
Objection, relevance.
799
00:35:31,923 --> 00:35:33,925
Rebecca Lasky testified
she overheard
800
00:35:33,925 --> 00:35:37,095
the defendant utter something
about blood and dirt.
801
00:35:37,095 --> 00:35:39,055
She was likely referring
to the defendant's use
802
00:35:39,055 --> 00:35:41,599
of the phrase "blood and soil,"
a racial dog whist--
803
00:35:41,599 --> 00:35:45,437
Objection, Ms. Lasky never
mentioned the word "soil."
804
00:35:45,437 --> 00:35:47,313
Her recollection was vague.
805
00:35:47,313 --> 00:35:49,733
We have a right
to raise the possibility.
806
00:35:49,733 --> 00:35:51,943
I agree.
Overruled.
807
00:35:51,943 --> 00:35:54,154
You may proceed, Mr. Price.
808
00:35:54,154 --> 00:35:56,406
Isn't it true
that "blood and soil"
809
00:35:56,406 --> 00:35:57,907
is a Nazi reference
810
00:35:57,907 --> 00:36:01,619
to a racially uniform society?
811
00:36:01,619 --> 00:36:03,413
It means you're proud
of who you are
812
00:36:03,413 --> 00:36:04,664
and where you come from.
813
00:36:04,664 --> 00:36:09,127
And for you,
that means being white.
814
00:36:09,127 --> 00:36:11,087
♪ ♪
815
00:36:11,087 --> 00:36:12,130
Yes.
816
00:36:12,130 --> 00:36:16,343
♪ ♪
817
00:36:16,343 --> 00:36:18,845
You taught the defendant
how to fight, correct?
818
00:36:18,845 --> 00:36:20,597
- Yes.
- Teach him how to put someone
819
00:36:20,597 --> 00:36:22,849
in a choke hold?
- Yes.
820
00:36:22,849 --> 00:36:25,560
Did you teach the defendant
to hate Black people?
821
00:36:25,560 --> 00:36:26,811
Objection!
822
00:36:26,811 --> 00:36:28,730
Withdrawn.
823
00:36:28,730 --> 00:36:30,690
Nothing further.
824
00:36:33,193 --> 00:36:37,322
Mr. Kovac, did you ever
discuss race with Mr. Arnou?
825
00:36:37,322 --> 00:36:38,406
No.
826
00:36:38,406 --> 00:36:40,492
Have you ever heard
Mr. Arnou say
827
00:36:40,492 --> 00:36:42,452
"blood and soil"?
- No.
828
00:36:42,452 --> 00:36:46,706
Ellis Joyner was 6'2"
and weighed 210 pounds,
829
00:36:46,706 --> 00:36:49,918
50 pounds more than Mr. Arnou.
830
00:36:49,918 --> 00:36:53,254
As a self-defense expert,
do you think it was reasonable
831
00:36:53,254 --> 00:36:54,798
for Mr. Arnou
832
00:36:54,798 --> 00:36:58,468
to believe Joyner posed
a lethal threat?
833
00:36:58,468 --> 00:36:59,719
Absolutely.
834
00:36:59,719 --> 00:37:02,305
Thank you.
835
00:37:02,305 --> 00:37:03,848
No further questions.
836
00:37:03,848 --> 00:37:09,020
♪ ♪
837
00:37:09,020 --> 00:37:12,315
Brandon Arnou is
an elementary-school teacher,
838
00:37:12,315 --> 00:37:16,152
who's never gotten so much
as a speeding ticket.
839
00:37:16,152 --> 00:37:18,363
He did not wake up
that morning
840
00:37:18,363 --> 00:37:21,491
thinking about taking
another person's life.
841
00:37:21,491 --> 00:37:25,829
He did not get on that train
looking for a fight.
842
00:37:25,829 --> 00:37:30,500
But when he saw a fellow
citizen being attacked,
843
00:37:30,500 --> 00:37:33,503
he stepped up.
844
00:37:33,503 --> 00:37:35,422
He did something.
845
00:37:37,590 --> 00:37:39,551
I live in Park Slope.
846
00:37:39,551 --> 00:37:43,013
I take the subway every day
to this courthouse,
847
00:37:43,013 --> 00:37:47,517
and I take it home every night.
848
00:37:47,517 --> 00:37:50,103
And I pray...
849
00:37:50,103 --> 00:37:54,065
that if something
were ever to happen,
850
00:37:54,065 --> 00:37:58,361
someone like Brandon Arnou...
851
00:37:58,361 --> 00:38:00,947
is on that train with me.
852
00:38:05,452 --> 00:38:08,079
Rebecca Lasky
heard the defendant
853
00:38:08,079 --> 00:38:11,624
screaming something
about blood and dirt.
854
00:38:11,624 --> 00:38:13,543
Most likely
855
00:38:13,543 --> 00:38:16,588
what he was screaming
was "blood and soil,"
856
00:38:16,588 --> 00:38:20,550
as a phrase that speaks
to a declaration of hatred
857
00:38:20,550 --> 00:38:23,970
for all people of color.
858
00:38:23,970 --> 00:38:26,973
Ask yourself why.
859
00:38:26,973 --> 00:38:30,894
People like Mr. Arnou keep
their bigotry buttoned up.
860
00:38:30,894 --> 00:38:33,396
They only discuss it
861
00:38:33,396 --> 00:38:36,649
with people they know share
their hateful worldview.
862
00:38:36,649 --> 00:38:39,944
They rely
on plausible deniability,
863
00:38:39,944 --> 00:38:42,822
because if the racism
isn't overt,
864
00:38:42,822 --> 00:38:45,825
many people,
865
00:38:45,825 --> 00:38:49,037
many good people are
all too happy
866
00:38:49,037 --> 00:38:51,081
to assume it isn't there.
867
00:38:51,081 --> 00:38:55,210
Except that,
every once in a while,
868
00:38:55,210 --> 00:39:00,048
in moments
of panic or--or anger...
869
00:39:00,048 --> 00:39:01,925
their mask will slip,
870
00:39:01,925 --> 00:39:05,512
and their true nature
is exposed.
871
00:39:05,512 --> 00:39:07,514
♪ ♪
872
00:39:07,514 --> 00:39:12,102
Ellis Joyner was an innocent,
unarmed Black man,
873
00:39:12,102 --> 00:39:14,104
suffering a medical emergency.
874
00:39:14,104 --> 00:39:16,398
And the two white people
on that train with him
875
00:39:16,398 --> 00:39:20,902
assumed he was
a violent threat,
876
00:39:20,902 --> 00:39:24,447
and they attacked him.
877
00:39:24,447 --> 00:39:27,117
The defendant
may not have entered the fight
878
00:39:27,117 --> 00:39:28,410
with the intention to kill,
879
00:39:28,410 --> 00:39:31,413
but at some point,
his focus shifted,
880
00:39:31,413 --> 00:39:33,748
and his racial hate
began to manifest.
881
00:39:33,748 --> 00:39:35,333
That moment
882
00:39:35,333 --> 00:39:39,004
was when the victim,
Ellis Joyner, passed out,
883
00:39:39,004 --> 00:39:41,256
when he was no longer a threat
to Mr. Arnou.
884
00:39:41,256 --> 00:39:43,800
And rather than
release Mr. Joyner,
885
00:39:43,800 --> 00:39:45,927
Arnou continued to choke him
886
00:39:45,927 --> 00:39:49,139
for three minutes.
887
00:39:49,139 --> 00:39:53,476
That is when
his true colors emerged.
888
00:39:53,476 --> 00:39:55,812
That...
889
00:39:55,812 --> 00:39:59,899
is when he murdered
Ellis Joyner.
890
00:39:59,899 --> 00:40:07,073
♪ ♪
891
00:40:10,076 --> 00:40:12,912
{\an8}Mr. Foreperson,
has the jury reached a verdict?
892
00:40:12,912 --> 00:40:14,581
{\an8}We have, Your Honor.
893
00:40:16,499 --> 00:40:19,169
In the charge of murder
in the second degree,
894
00:40:19,169 --> 00:40:21,838
we find the defendant,
Brandon Arnou,
895
00:40:21,838 --> 00:40:23,173
not guilty.
896
00:40:23,173 --> 00:40:24,924
[crowd gasps, groans, cheers]
- What the--
897
00:40:24,924 --> 00:40:26,676
Yeah, baby.
898
00:40:26,676 --> 00:40:29,971
Members of the jury,
we thank you for your service.
899
00:40:29,971 --> 00:40:37,145
♪ ♪
900
00:40:43,568 --> 00:40:47,822
Tough case,
but you did a hell of a job.
901
00:40:47,822 --> 00:40:49,908
Thanks.
[sighs]
902
00:40:49,908 --> 00:40:52,369
It might have gone
differently if I--
903
00:40:52,369 --> 00:40:55,747
if I didn't have one hand
tied behind my back.
904
00:40:55,747 --> 00:40:57,791
We did the best
that we could.
905
00:40:57,791 --> 00:41:00,043
No, we could
have done better.
906
00:41:00,043 --> 00:41:04,172
We just chose not to,
for the greater good.
907
00:41:04,172 --> 00:41:06,841
I stand by my decision.
908
00:41:06,841 --> 00:41:08,885
Hey! There he is.
909
00:41:08,885 --> 00:41:11,054
And one day soon,
910
00:41:11,054 --> 00:41:13,556
when we take
these bastards down
911
00:41:13,556 --> 00:41:16,810
and roll up their whole damn
racist organization,
912
00:41:16,810 --> 00:41:20,397
you're gonna realize it was
the right decision as well.
913
00:41:20,397 --> 00:41:23,650
[indistinct chatter, laughter]
914
00:41:23,650 --> 00:41:27,070
♪ ♪
915
00:41:27,070 --> 00:41:29,739
Ellis Joyner deserved better.
916
00:41:29,739 --> 00:41:33,618
♪ ♪
917
00:41:33,618 --> 00:41:36,162
- All right, man.
- All right, man, come on.
918
00:41:36,162 --> 00:41:43,336
♪ ♪
919
00:42:21,666 --> 00:42:24,627
[wolf howls]