1
00:00:17,200 --> 00:00:20,920
[man] I'm not saying it was right
to take another person's life, but...
2
00:00:22,960 --> 00:00:24,440
sometimes it has to happen.
3
00:00:27,320 --> 00:00:30,000
Being Mexican,
there's a certain way we live our life,
4
00:00:30,080 --> 00:00:31,640
a certain machismo that we use.
5
00:00:35,080 --> 00:00:38,000
I couldn't sit there
and watch some guy beat up on a woman.
6
00:00:40,720 --> 00:00:41,840
It's not gonna happen.
7
00:01:10,320 --> 00:01:11,800
But when I seen him coming...
8
00:01:13,440 --> 00:01:14,560
I looked over at him.
9
00:01:14,640 --> 00:01:16,440
Yeah, we're gonna see who...
10
00:01:16,520 --> 00:01:18,280
We're gonna see who kills who, huh?
11
00:01:22,320 --> 00:01:23,440
It's weird to explain.
12
00:01:23,520 --> 00:01:26,400
You'd think you'd be more nervous,
but it was more of a...
13
00:01:26,640 --> 00:01:28,000
it's... it's gonna happen.
14
00:01:28,080 --> 00:01:30,400
Almost like getting your first kiss.
[chuckles]
15
00:01:46,560 --> 00:01:48,040
[man 1] This is a true story.
16
00:01:50,040 --> 00:01:51,480
I'll start it off like that.
17
00:01:52,480 --> 00:01:55,040
[man 2] I just wanted to rebel.
I wanted to cause chaos.
18
00:01:55,120 --> 00:01:57,880
I looked over at him.
We're gonna see who kills who.
19
00:01:57,960 --> 00:01:59,280
[woman] I made the choice.
20
00:02:00,120 --> 00:02:01,440
I took his life.
21
00:02:01,880 --> 00:02:05,440
[man 3] It's something
that I never intended to do,
22
00:02:05,520 --> 00:02:07,120
I wish I didn't do.
23
00:02:10,880 --> 00:02:14,440
[man 4] I knew I was gonna get out
of that car and murder those two men.
24
00:02:14,880 --> 00:02:19,120
[man 3] As he kneeled in front of me,
all I remember is pulling the trigger.
25
00:02:20,560 --> 00:02:22,920
[man 5] I'd killed them both.
26
00:02:23,960 --> 00:02:25,400
I'd stabbed them to death.
27
00:03:04,960 --> 00:03:07,560
It was early in the morning
when I got the call.
28
00:03:11,520 --> 00:03:14,080
Get in the car and drove way out here.
29
00:03:14,160 --> 00:03:16,640
This was the furthest south
30
00:03:16,720 --> 00:03:19,800
that I'd had any crime scenes in a while.
31
00:03:24,080 --> 00:03:28,480
I'd been in Homicide for about ten years.
You never know what you're gonna find.
32
00:03:28,560 --> 00:03:31,720
You never know what, uh...
the surprise is gonna be.
33
00:03:39,040 --> 00:03:41,240
[horn blares]
34
00:03:43,440 --> 00:03:46,560
[Kyle] There was a car
up against the concrete center barriers.
35
00:03:52,720 --> 00:03:56,640
There was a body of the driver
behind the steering wheel.
36
00:04:00,480 --> 00:04:03,160
These drive-by type shootings,
37
00:04:03,240 --> 00:04:04,560
road rage type shootings,
38
00:04:04,640 --> 00:04:06,400
often are difficult to solve.
39
00:04:09,720 --> 00:04:12,080
There were shell casings on the ground,
40
00:04:12,800 --> 00:04:13,920
which changed...
41
00:04:14,920 --> 00:04:16,400
what I had originally thought
42
00:04:16,480 --> 00:04:19,640
of someone being shot at
along the roadway.
43
00:04:22,560 --> 00:04:25,480
Someone bothered to come
right up to the window
44
00:04:25,560 --> 00:04:28,000
where this person was helplessly
behind the wheel
45
00:04:28,520 --> 00:04:29,920
and shoot them again.
46
00:04:32,720 --> 00:04:35,480
Whoever it was
really wanted this person dead.
47
00:04:58,480 --> 00:04:59,680
[crackling]
48
00:05:00,560 --> 00:05:01,680
[man] Can you hear me?
49
00:05:07,760 --> 00:05:08,760
All right...
50
00:05:10,320 --> 00:05:11,160
[chuckles]
51
00:05:22,080 --> 00:05:23,760
My name is Mark Sam Arthur,
52
00:05:23,840 --> 00:05:26,240
and I'm, uh, doing a capital life sentence
53
00:05:26,320 --> 00:05:28,920
for capital murder. Uh...
54
00:05:29,320 --> 00:05:30,920
It took place in Houston, Texas.
55
00:05:46,560 --> 00:05:50,280
Well, growing up as a kid,
I visited family in Mexico and Chicago.
56
00:05:50,360 --> 00:05:52,560
Uh, but most of my life was spent
57
00:05:52,640 --> 00:05:54,600
in Houston and the surrounding suburbs.
58
00:05:55,240 --> 00:05:57,440
[distant children's voices]
59
00:05:58,280 --> 00:06:01,840
Nowhere near wealthy growing up,
but, uh, my mom did the best, you know.
60
00:06:02,440 --> 00:06:04,200
She worked hard to take care of us.
61
00:06:08,680 --> 00:06:10,240
Uh, my mother's Mexican Indian.
62
00:06:12,200 --> 00:06:16,080
She always tried to take good care of me,
but I was a bit rebellious.
63
00:06:20,000 --> 00:06:21,880
I've never met my biological father.
64
00:06:40,840 --> 00:06:43,800
He was real abusive.
Didn't like me for whatever reason.
65
00:06:46,920 --> 00:06:48,680
He... he hit me with a closed fist.
66
00:06:50,680 --> 00:06:51,920
I used to get picked up,
67
00:06:52,000 --> 00:06:54,560
thrown to the other side of the room,
kicked around.
68
00:07:04,240 --> 00:07:05,600
I seen him beat her up.
69
00:07:07,520 --> 00:07:09,600
When I saw it happen in front of the...
70
00:07:09,680 --> 00:07:13,320
That a man or a so-called man would put
his hands on a woman like that...
71
00:07:13,400 --> 00:07:15,200
He grabbed her hair and punched her.
72
00:07:18,760 --> 00:07:20,840
I was too little to do anything about it.
73
00:07:31,240 --> 00:07:34,280
The guy I looked up to that I called
my father was Homer Milbourn.
74
00:07:35,320 --> 00:07:38,440
He took care of my mom
and told her after they got married,
75
00:07:38,520 --> 00:07:40,120
he didn't even want her to work.
76
00:07:40,200 --> 00:07:42,800
He just...
He said, "The man takes care of his wife."
77
00:07:44,320 --> 00:07:46,320
In just a few years, he taught me a lot.
78
00:07:49,040 --> 00:07:52,040
[sobbing] Um, I never talked about him
since he died, so...
79
00:07:54,200 --> 00:07:57,760
It's weird I break down in front of you.
I've never cried since he died.
80
00:07:59,040 --> 00:07:59,880
Uh...
81
00:08:00,320 --> 00:08:01,320
Um, he...
82
00:08:01,400 --> 00:08:04,720
He's the one that actually told me
to start respecting my mom
83
00:08:05,720 --> 00:08:08,480
and that I should get my shit together.
Um...
84
00:08:14,880 --> 00:08:17,240
[distant siren]
85
00:08:34,560 --> 00:08:37,360
I wound up joining
the Maniac Latin Disciple Nation,
86
00:08:37,440 --> 00:08:39,440
which is a member of the Folks Alliance.
87
00:08:40,520 --> 00:08:43,040
We were a brotherhood, a fraternal bond.
88
00:08:43,120 --> 00:08:46,520
Uh, we believed in the growth
and betterment of our neighborhoods,
89
00:08:46,600 --> 00:08:49,520
our... our people, uh, our culture.
90
00:08:50,680 --> 00:08:52,520
[distant dog barking]
91
00:08:55,320 --> 00:08:57,960
Mess with one, you mess with all.
One love, one hate.
92
00:09:03,920 --> 00:09:06,760
I never was really into using drugs
or drinking alcohol.
93
00:09:06,840 --> 00:09:07,760
I just...
94
00:09:07,840 --> 00:09:10,520
wasn't very good at sports
or anything like that,
95
00:09:10,600 --> 00:09:14,240
so I'd try to show that I was good
at fighting or shooting or...
96
00:09:15,040 --> 00:09:18,200
whatever else it took
to establish my dominance.
97
00:09:28,240 --> 00:09:29,360
When I was about 14,
98
00:09:29,880 --> 00:09:32,440
I got real close with a guy
named Esequiel Fonseca.
99
00:09:34,680 --> 00:09:38,760
We were both pretty good at, uh,
chasing girls and getting into fights
100
00:09:38,840 --> 00:09:41,560
with some of the same rivals,
the same... same gangs.
101
00:09:43,000 --> 00:09:44,880
[birds singing]
102
00:09:46,880 --> 00:09:49,880
We were both into breaking into cars,
breaking into houses.
103
00:09:53,840 --> 00:09:54,920
Robbed a few people.
104
00:09:55,440 --> 00:09:58,560
Most of the time, it was my idea.
I was like, "You wanna come?"
105
00:09:58,640 --> 00:09:59,960
He was like, "Yeah, sure."
106
00:10:00,240 --> 00:10:03,520
Why wouldn't you want to hang around
with a guy that, you know...
107
00:10:03,880 --> 00:10:06,200
was always doing something exciting?
108
00:10:10,480 --> 00:10:13,640
I'd sleep over at his place
or hang out there for a couple days.
109
00:10:15,400 --> 00:10:16,760
His mom was cool with us
110
00:10:16,880 --> 00:10:19,760
and would give us something to eat
or let us hang around,
111
00:10:19,840 --> 00:10:22,440
and everybody looked up to her
as a mother figure.
112
00:10:28,640 --> 00:10:30,680
I was real close to her.
113
00:10:35,800 --> 00:10:37,200
She never told his dad
114
00:10:37,280 --> 00:10:39,920
that we were out there
getting in trouble and stuff.
115
00:10:40,360 --> 00:10:44,360
I pretty much stayed away from my house
because there were too many rules there.
116
00:10:48,520 --> 00:10:50,520
Me and, uh, "Little Zeke," Esequiel,
117
00:10:50,600 --> 00:10:54,800
so we hung out... we hung out pretty well
until he went to prison when I was 16.
118
00:10:55,320 --> 00:10:57,680
I wasn't there,
so I don't know what happened.
119
00:11:24,520 --> 00:11:27,320
When I came by his house,
his mom was beat up pretty bad.
120
00:11:29,240 --> 00:11:31,960
She had a couple plugs of hair
missing out of her head,
121
00:11:32,040 --> 00:11:34,520
she'd been burned with a curling iron,
black eyes.
122
00:11:34,600 --> 00:11:37,520
I said, "Let me ask,
have you been fighting with a man?"
123
00:11:37,600 --> 00:11:40,560
She's like, "Yeah."
That's when she told me she got beat up
124
00:11:40,640 --> 00:11:43,440
by her husband,
which is Esequiel Fonseca, uh, Senior.
125
00:11:47,480 --> 00:11:49,600
I'm opposed to the physical abuse of women
126
00:11:49,680 --> 00:11:51,320
because I kind of felt bad
127
00:11:51,400 --> 00:11:54,400
that I couldn't help my sister when...
at that time.
128
00:11:54,480 --> 00:11:58,120
But now I'm big enough
that I can help my friend's mom.
129
00:11:59,200 --> 00:12:02,280
So, I stood up for her
when I couldn't stand up for my sister.
130
00:12:03,440 --> 00:12:06,280
I guess I could say
I tried to redeem myself.
131
00:12:06,360 --> 00:12:08,360
[horn blares]
132
00:12:23,840 --> 00:12:26,240
I waited around
and went ahead and kicked his ass.
133
00:12:34,160 --> 00:12:35,760
I beat him up pretty bad now.
134
00:12:45,000 --> 00:12:47,760
After I beat him up,
he told me he was going to kill me.
135
00:12:48,440 --> 00:12:51,880
If you threaten my life,
you're surely putting your own at risk.
136
00:12:52,280 --> 00:12:54,280
[distant siren]
137
00:13:02,720 --> 00:13:06,880
I think probably about two weeks went by
after Big Zeke made his little threat.
138
00:13:08,040 --> 00:13:09,120
And I made up my mind
139
00:13:09,200 --> 00:13:11,920
that I was gonna go ahead
and get him first.
140
00:13:27,800 --> 00:13:29,240
I was in the passenger side.
141
00:13:29,720 --> 00:13:31,440
I had Mason driving the car.
142
00:13:34,120 --> 00:13:36,480
I didn't tell him
exactly what I was gonna do.
143
00:13:38,840 --> 00:13:42,440
I know that Big Zeke would come home
from work not too long after sunset.
144
00:13:44,040 --> 00:13:46,120
I know the kind of location of the place.
145
00:13:48,520 --> 00:13:49,840
So, I was waiting for him.
146
00:13:51,360 --> 00:13:55,120
Sure enough, not too long after I drove
over there, I see him come by.
147
00:13:59,240 --> 00:14:02,960
Here's my chance to make my bones,
you know, do what I'm gonna do.
148
00:14:05,960 --> 00:14:07,360
I was mad at him for what he did.
149
00:14:10,880 --> 00:14:14,200
Mad at the way he talked to me,
at what he did to my friend's mom.
150
00:14:16,640 --> 00:14:18,320
And, uh, I pulled next to him.
151
00:14:19,840 --> 00:14:22,160
Our windows were side by side
with each other.
152
00:14:23,520 --> 00:14:26,240
When I saw the light illuminate
through the moon roof,
153
00:14:26,680 --> 00:14:29,160
I got a good look at him.
"Yeah, that's him, huh?"
154
00:14:32,560 --> 00:14:34,760
Mason was surprised
when I pulled out a handgun.
155
00:14:37,720 --> 00:14:40,080
And I turned a round into...
into the handgun...
156
00:14:41,280 --> 00:14:43,880
and, uh, unloaded the clip onto him.
157
00:14:46,280 --> 00:14:48,560
Kept going
until there wasn't no bullets left.
158
00:14:54,480 --> 00:14:57,200
Pretty much didn't have no choice
but to keep driving.
159
00:14:58,920 --> 00:15:01,920
I didn't want to focus on it.
I mean, what's done is done.
160
00:15:02,560 --> 00:15:05,960
It's an "either him or me" type of deal.
And he was my enemy, so...
161
00:15:06,400 --> 00:15:07,400
to hell with him.
162
00:15:40,600 --> 00:15:41,600
We all got arrested.
163
00:15:42,400 --> 00:15:46,480
The police in Harris County came by there
when they found out I was in custody.
164
00:15:47,440 --> 00:15:48,960
They took me to Harris County.
165
00:15:51,040 --> 00:15:52,600
I knew I was caught red-handed,
166
00:15:52,680 --> 00:15:55,440
so I went ahead
and told them everything that I did.
167
00:16:32,320 --> 00:16:37,160
It was a misconception of the newspapers,
saying it was a relationship type of deal,
168
00:16:37,240 --> 00:16:40,480
but really it was more...
I looked at her more like a home girl.
169
00:16:44,640 --> 00:16:47,640
The Harris County Sheriff Department said
that she told me,
170
00:16:47,720 --> 00:16:50,520
"Go ahead and kill Esequiel
and we'll split the money."
171
00:16:50,600 --> 00:16:53,160
And I'm...
That's not anything that took place.
172
00:16:53,240 --> 00:16:56,360
The reason I offed the guy is he told me
he was gonna kill me.
173
00:16:56,440 --> 00:16:58,400
And I just... I didn't like him.
174
00:17:04,320 --> 00:17:06,200
I found out I could make an affidavit
175
00:17:06,280 --> 00:17:08,760
and let them know
she had nothing to do with this.
176
00:17:09,480 --> 00:17:11,720
So, I tried my best to...
177
00:17:12,160 --> 00:17:13,920
If you had nothing to do with this,
178
00:17:14,000 --> 00:17:17,680
there's no reason for me
to get her involved in my wrongdoings.
179
00:17:26,040 --> 00:17:28,040
[birds singing]
180
00:17:30,720 --> 00:17:32,040
[woman] Good job, dear.
181
00:17:33,720 --> 00:17:34,760
You're a good girl.
182
00:17:41,240 --> 00:17:44,480
I met Mark in 1993, January.
183
00:17:48,200 --> 00:17:50,040
He was 14 at the time.
184
00:17:50,440 --> 00:17:51,680
I was 18.
185
00:17:54,680 --> 00:17:56,080
Interesting young man.
186
00:17:58,120 --> 00:17:59,200
He was still a kid.
187
00:18:00,240 --> 00:18:04,200
But he joined us in...
in things that we did,
188
00:18:04,280 --> 00:18:06,800
so he kind of felt like an adult.
189
00:18:09,560 --> 00:18:12,440
Put off the aura of, "I'm a tough guy."
190
00:18:16,080 --> 00:18:18,160
I never met any of his friends
191
00:18:18,640 --> 00:18:19,760
that he talked about.
192
00:18:20,280 --> 00:18:22,000
"Oh, yeah, we're gangsters,
193
00:18:22,480 --> 00:18:23,560
part of a gang."
194
00:18:24,640 --> 00:18:26,600
But we never saw any of them.
195
00:18:27,960 --> 00:18:30,800
So, I didn't quite believe him
in that sense.
196
00:18:32,640 --> 00:18:33,760
He thought he was...
197
00:18:34,920 --> 00:18:36,920
I don't know, a gangster.
198
00:18:57,240 --> 00:18:58,880
[dog pants]
199
00:19:02,800 --> 00:19:04,560
Suddenly, out of the blue one day,
200
00:19:04,640 --> 00:19:08,240
I just get this letter in the mail
from Mark.
201
00:19:10,320 --> 00:19:12,160
He didn't know my new address.
202
00:19:13,240 --> 00:19:14,800
And somehow he found me.
203
00:19:16,000 --> 00:19:19,880
But I guess if you want something
on the inside, you can get it.
204
00:19:23,880 --> 00:19:27,720
He had written
that he had gotten into some trouble,
205
00:19:28,280 --> 00:19:29,760
and...
206
00:19:31,000 --> 00:19:33,120
uh, would I write to him?
207
00:19:33,920 --> 00:19:35,600
Would I help him in any way,
208
00:19:35,680 --> 00:19:37,680
write to him, talk to him,
209
00:19:37,760 --> 00:19:39,040
see if I can get him out?
210
00:19:39,120 --> 00:19:40,120
[laughs]
211
00:19:41,440 --> 00:19:43,240
I was very surprised.
212
00:19:45,000 --> 00:19:46,680
Capital murder is a...
213
00:19:47,680 --> 00:19:48,600
is a big...
214
00:19:49,560 --> 00:19:50,600
That's a big crime.
215
00:19:50,680 --> 00:19:51,520
[laughs]
216
00:19:54,320 --> 00:19:56,400
I did write to him. I wrote back.
217
00:19:57,800 --> 00:19:59,480
And then he explained
218
00:20:00,160 --> 00:20:03,280
that he was in love with a woman
219
00:20:03,360 --> 00:20:05,680
that was older than him, named Carmen.
220
00:20:07,560 --> 00:20:09,960
And that he would never be with her again.
221
00:20:10,800 --> 00:20:12,400
And that was the saddest part...
222
00:20:13,640 --> 00:20:16,880
of his life at that time.
223
00:20:18,760 --> 00:20:19,760
The saddest part.
224
00:20:21,840 --> 00:20:22,840
I don't know.
225
00:20:26,240 --> 00:20:28,120
Your first heartache, your first...
226
00:20:29,440 --> 00:20:30,720
your first love...
227
00:20:32,280 --> 00:20:33,880
uh, that never goes away.
228
00:21:09,160 --> 00:21:10,960
[barking]
229
00:21:11,480 --> 00:21:13,680
My name is Jesse Sanchez, Senior,
230
00:21:13,760 --> 00:21:16,760
and my relationship to Mark is
I'm his uncle.
231
00:21:17,440 --> 00:21:18,800
His mom is my sister.
232
00:21:21,760 --> 00:21:24,600
Mark didn't get the attention
from his mom.
233
00:21:25,280 --> 00:21:26,920
He didn't have a father around,
234
00:21:27,000 --> 00:21:31,040
so he didn't get the attention
from his mom either, because she was...
235
00:21:31,760 --> 00:21:34,880
leaving him with babysitters and relatives
236
00:21:35,360 --> 00:21:38,360
because she was in relationship
and relationship.
237
00:21:39,200 --> 00:21:41,280
She, uh, pretty much pushed him aside.
238
00:21:43,160 --> 00:21:46,240
So, that, uh, I'm sure, affected Mark.
239
00:21:48,000 --> 00:21:51,280
He didn't believe anybody really loved him
or cared for him,
240
00:21:52,160 --> 00:21:54,600
and I'm sure
he was looking for acceptance,
241
00:21:55,080 --> 00:21:59,600
in addition to affection
outside the... the family.
242
00:22:01,520 --> 00:22:05,440
Carmen used her body for sex,
and then the money.
243
00:22:05,840 --> 00:22:09,000
She didn't pull the trigger,
but she influenced him
244
00:22:09,080 --> 00:22:12,960
to the point where, uh,
she got him to do...
245
00:22:13,840 --> 00:22:15,200
what she wanted him to do.
246
00:22:18,520 --> 00:22:22,160
He felt like...
"Well, she's accepting me, she loves me,
247
00:22:22,680 --> 00:22:24,360
so I'm going to do this for her."
248
00:22:26,240 --> 00:22:29,360
And he got manipulated
into doing something that...
249
00:22:29,960 --> 00:22:32,840
you... you know, he's paying, uh...
250
00:22:33,320 --> 00:22:34,640
he's paying with his life.
251
00:22:37,720 --> 00:22:39,320
[birds singing]
252
00:22:41,760 --> 00:22:43,760
[dog barking]
253
00:22:55,440 --> 00:22:59,280
[Mark] Once I was sitting in prison,
I thought about my friend's mom, Carmen.
254
00:22:59,720 --> 00:23:04,720
It was a misconception of the newspapers,
saying it was a relationship type of deal.
255
00:23:05,000 --> 00:23:07,240
I looked at her more like a home girl.
256
00:23:08,120 --> 00:23:11,040
The Harris County Sheriff Department said
that she told me,
257
00:23:11,120 --> 00:23:13,840
"Go ahead and kill Esequiel
and we'll split the money."
258
00:23:13,920 --> 00:23:16,680
And I'm...
That's not anything that took place.
259
00:23:16,760 --> 00:23:19,880
The reason I offed the guy is he told me
he was gonna kill me.
260
00:23:19,960 --> 00:23:21,840
And I just... I didn't like him.
261
00:23:25,400 --> 00:23:26,480
[sighs softly]
262
00:23:28,200 --> 00:23:29,880
He... he's not telling the truth.
263
00:23:32,400 --> 00:23:35,120
It's hard to understand
why somebody would do that
264
00:23:35,200 --> 00:23:37,640
after spending this many years behind bars
265
00:23:37,720 --> 00:23:40,680
and still saying,
"No, she had nothing to do with it."
266
00:23:42,800 --> 00:23:44,600
To me, it's just like, uh...
267
00:23:45,000 --> 00:23:46,320
he's just trying to be...
268
00:23:47,440 --> 00:23:50,160
uh, do the honorable thing
and just take the whole rap
269
00:23:50,480 --> 00:23:52,240
and not implicate nobody else.
270
00:23:53,040 --> 00:23:54,040
But it's not...
271
00:23:54,960 --> 00:23:57,800
it's not very honorable
to protect somebody that used you
272
00:23:57,880 --> 00:24:00,560
and manipulated you
to do something like that.
273
00:24:01,120 --> 00:24:03,120
If he's still saying that today, then...
274
00:24:04,640 --> 00:24:06,080
it's hard to understand why.
275
00:24:07,880 --> 00:24:09,880
[birds singing[
276
00:24:16,800 --> 00:24:19,400
For him to continue to say
that it was just him...
277
00:24:20,040 --> 00:24:21,920
uh, it just doesn't make sense.
278
00:24:22,000 --> 00:24:23,200
You know, he needs to...
279
00:24:23,680 --> 00:24:24,520
um...
280
00:24:25,160 --> 00:24:27,600
come clean and tell the truth.
281
00:24:29,080 --> 00:24:33,360
Because loyalty and honorable
is no good behind bars.
282
00:25:30,280 --> 00:25:33,200
My name is Patrick McCann.
I'm a criminal defense attorney
283
00:25:33,280 --> 00:25:35,000
and I was one of the two counsel
284
00:25:35,080 --> 00:25:37,600
that represented Carmen Fonseca
at her trial.
285
00:25:41,920 --> 00:25:44,840
The state tried to portray her
286
00:25:44,920 --> 00:25:47,480
as sort of an evil, seductive mastermind.
287
00:25:49,040 --> 00:25:52,400
Their theory was
that she had put Mark up to this
288
00:25:53,320 --> 00:25:55,840
in return for, um,
289
00:25:55,920 --> 00:25:57,440
either sexual favors or...
290
00:25:57,880 --> 00:25:59,400
um, part of the money.
291
00:26:01,080 --> 00:26:04,120
Our theory was
that Mark wanted Esequiel dead,
292
00:26:04,200 --> 00:26:06,680
so he could have his woman,
his house and his car.
293
00:26:10,800 --> 00:26:12,240
It made no sense whatsoever.
294
00:26:12,920 --> 00:26:14,600
The story that they concocted,
295
00:26:15,640 --> 00:26:17,360
although fun and interesting
296
00:26:17,440 --> 00:26:19,520
and maybe a good subject for a movie,
297
00:26:19,600 --> 00:26:20,600
was not real.
298
00:26:22,120 --> 00:26:23,760
If you genuinely hate the guy...
299
00:26:24,800 --> 00:26:27,280
then there should have been
some evidence of that
300
00:26:27,360 --> 00:26:30,120
um, in the family history,
and there really wasn't.
301
00:26:30,200 --> 00:26:34,440
I mean, there was evidence
that the marriage was not going well.
302
00:26:34,520 --> 00:26:35,440
Um...
303
00:26:36,120 --> 00:26:37,840
But, you know, that...
304
00:26:37,920 --> 00:26:40,880
that sums up probably half the marriages
in the country.
305
00:26:41,440 --> 00:26:43,360
And if you knew Carmen, she wasn't...
306
00:26:44,560 --> 00:26:47,160
she may not have been
the most sophisticated person,
307
00:26:47,240 --> 00:26:51,000
but she was also, um,
not a person who had any violence in her.
308
00:27:13,600 --> 00:27:16,200
I believe Carmen Fonseca was innocent
of this crime.
309
00:27:18,120 --> 00:27:20,960
I... I think, clearly,
Mark was the driving force.
310
00:27:22,240 --> 00:27:27,080
He decided that this would be
his somehow oddly...
311
00:27:28,120 --> 00:27:30,960
sickly romantic gift, um, to Carmen
312
00:27:31,040 --> 00:27:33,560
to give her a new life
that he could be part of.
313
00:27:34,240 --> 00:27:36,600
But that was his fantasy, not hers.
314
00:27:50,360 --> 00:27:52,360
[birds singing]
315
00:28:02,640 --> 00:28:04,600
[Nicole] Every birthday, I get artwork.
316
00:28:06,800 --> 00:28:08,120
"Happy Halloween."
317
00:28:08,520 --> 00:28:10,760
Uh, he likes Valentine's Day,
318
00:28:10,840 --> 00:28:12,440
he likes Halloween.
319
00:28:13,160 --> 00:28:14,400
[laughs]
320
00:28:14,920 --> 00:28:17,040
I don't know why he would send this to me.
321
00:28:17,400 --> 00:28:18,800
[laughs]
322
00:28:19,760 --> 00:28:22,200
But it looks like a vampire woman...
323
00:28:22,960 --> 00:28:24,880
biting another woman's breast.
324
00:28:40,360 --> 00:28:43,040
Three hundred and fifty letters.
325
00:28:44,240 --> 00:28:47,000
He writes to me a lot more
than I write to him, though.
326
00:28:47,720 --> 00:28:50,080
And I'm sorry about that. It's just...
327
00:28:51,000 --> 00:28:52,960
life does get in the way out here.
328
00:28:53,920 --> 00:28:55,840
He has more time to write than I do.
329
00:28:58,440 --> 00:29:02,400
It tells, basically,
the story of his life in prison.
330
00:29:04,520 --> 00:29:05,480
I believe it...
331
00:29:06,440 --> 00:29:09,360
gives a good account
of what's going on in there,
332
00:29:09,440 --> 00:29:11,440
only it's from one perspective.
333
00:29:12,240 --> 00:29:14,080
It would be from Mark's perspective.
334
00:29:15,920 --> 00:29:18,280
July 19th of 2001...
335
00:29:19,520 --> 00:29:22,280
he says,
"Say, your postcards are fine with me.
336
00:29:23,040 --> 00:29:25,000
Hell, at least you send something
337
00:29:25,080 --> 00:29:26,840
and you write once every week.
338
00:29:27,360 --> 00:29:28,360
Thank you.
339
00:29:28,440 --> 00:29:30,960
My existence would sure really suck
340
00:29:31,440 --> 00:29:32,560
if not for you.
341
00:29:34,040 --> 00:29:37,880
And so don't feel bad,
because I know that you love me."
342
00:29:40,160 --> 00:29:42,200
Interesting choice of words.
343
00:29:44,720 --> 00:29:47,680
He's like, "I really appreciate,
over the years,
344
00:29:47,760 --> 00:29:50,160
just you sticking by my side."
345
00:29:53,520 --> 00:29:54,520
That was in there.
346
00:29:55,120 --> 00:29:56,680
That was important to me too.
347
00:30:02,400 --> 00:30:03,720
So, over the years,
348
00:30:03,800 --> 00:30:06,160
Mark has written to me
349
00:30:06,680 --> 00:30:10,320
and he has disclosed to me
350
00:30:10,920 --> 00:30:15,680
the events that led up to the murder
of Esequiel.
351
00:30:17,720 --> 00:30:20,000
What he told me was that, basically,
352
00:30:22,040 --> 00:30:24,960
he was seeing an older woman named Carmen,
353
00:30:25,480 --> 00:30:27,960
who was married to a man named Esequiel...
354
00:30:29,120 --> 00:30:33,440
and that he had been seeing Carmen
for a while,
355
00:30:33,520 --> 00:30:35,560
and that she had gotten pregnant...
356
00:30:36,720 --> 00:30:37,720
by Mark.
357
00:30:38,960 --> 00:30:42,240
Esequiel found out and beat her
358
00:30:42,640 --> 00:30:45,720
to the point where she miscarried
at eight months.
359
00:30:46,520 --> 00:30:50,880
So, the interpretation
I get out of his letters...
360
00:30:52,520 --> 00:30:56,600
is that he wanted revenge
for killing his child.
361
00:30:57,680 --> 00:30:58,880
A life for a life.
362
00:31:27,200 --> 00:31:28,440
My name's Kyle Brown.
363
00:31:29,080 --> 00:31:30,840
I investigated homicides.
364
00:31:31,320 --> 00:31:33,840
My role in this case was
as the lead investigator.
365
00:31:41,120 --> 00:31:44,760
During the course of our investigation
of the murder of Esequiel Fonseca,
366
00:31:45,280 --> 00:31:49,000
we found that the person who killed him,
Mark Arthur,
367
00:31:49,080 --> 00:31:51,960
had a relationship
with Esequiel's wife, Carmen.
368
00:31:54,560 --> 00:31:56,480
Esequiel's wife convinced Mark...
369
00:31:57,560 --> 00:31:59,480
that if he would kill her husband,
370
00:32:00,080 --> 00:32:04,320
he would get Esequiel's brand-new car,
371
00:32:04,400 --> 00:32:06,760
he would get to live in the house,
372
00:32:06,840 --> 00:32:09,920
he would get to continue to be
her boyfriend, her lover.
373
00:32:10,320 --> 00:32:12,960
He would get access and the ability
374
00:32:13,040 --> 00:32:15,240
to not have Esequiel looking over him
375
00:32:16,000 --> 00:32:18,320
and just be able to continue his little...
376
00:32:18,720 --> 00:32:21,720
life of crime, coming and going,
living there in the home.
377
00:32:22,040 --> 00:32:25,240
Her motivation was to get rid of Esequiel
378
00:32:25,760 --> 00:32:28,000
and there was insurance money involved.
379
00:32:33,440 --> 00:32:36,800
They had a detailed plan,
they had worked it out together.
380
00:32:38,520 --> 00:32:42,280
And the reason we know this is, uh,
Mark Arthur told us.
381
00:32:44,680 --> 00:32:45,680
Somewhere else...
382
00:32:46,280 --> 00:32:49,000
[indistinct conversation]
383
00:32:49,080 --> 00:32:50,320
The officer's here.
384
00:32:50,920 --> 00:32:54,520
[indistinct conversation]
385
00:32:55,120 --> 00:32:56,560
You're good. That's fine.
386
00:32:57,320 --> 00:32:58,720
-I'll get closer.
-Okay.
387
00:33:00,120 --> 00:33:01,840
[Kyle] When we interviewed Mark...
388
00:33:03,040 --> 00:33:07,240
Mark immediately told us everything
that he had been doing.
389
00:33:08,320 --> 00:33:12,160
Mark told us all about his motivation,
390
00:33:12,240 --> 00:33:16,360
all about the setup of Esequiel Fonseca,
391
00:33:16,720 --> 00:33:19,160
all about being asked to do this crime.
392
00:33:20,480 --> 00:33:22,640
[Kyle] How many times has she asked you
to kill him?
393
00:33:22,720 --> 00:33:24,000
[Mark] This is the first time.
394
00:33:24,080 --> 00:33:27,360
She brought up the idea
that she wouldn't mind him being killed.
395
00:33:27,440 --> 00:33:30,840
She never actually brought anything
to my attention until that day.
396
00:33:33,240 --> 00:33:37,200
He immediately, immediately went to that
as his motivation...
397
00:33:38,240 --> 00:33:41,560
that... that she'd asked him to do it.
She'd asked him to do it,
398
00:33:41,640 --> 00:33:43,880
and he was going to be rewarded
for doing it.
399
00:33:45,360 --> 00:33:47,920
There's no question.
As a matter of fact, we, uh...
400
00:33:48,000 --> 00:33:49,600
I referred to this constantly,
401
00:33:49,680 --> 00:33:52,120
throughout years
when people would refer to this,
402
00:33:52,200 --> 00:33:53,840
as more of a contract killing...
403
00:33:55,440 --> 00:33:56,960
than any crime of passion.
404
00:33:58,960 --> 00:34:00,800
I was like, "When?" She said, "Now."
405
00:34:01,440 --> 00:34:04,400
I said, "What?" I told her, I said,
"When he gets off work?"
406
00:34:04,480 --> 00:34:06,920
She's like, "Yeah, he gets off at 7:00
and takes the Beltway."
407
00:34:07,000 --> 00:34:07,920
"All right, cool."
408
00:34:08,920 --> 00:34:11,800
[Kyle] He was very, very straightforward
with us,
409
00:34:11,880 --> 00:34:16,640
and told us about his participation
with our victim's wife.
410
00:34:16,720 --> 00:34:19,440
He told us about it being a plan.
411
00:34:19,520 --> 00:34:22,880
He told us about everything
to do with their setup
412
00:34:22,960 --> 00:34:26,200
of our victim, of her husband.
413
00:34:27,240 --> 00:34:28,800
Couldn't stop him from talking.
414
00:34:30,400 --> 00:34:33,120
[Mark] He was moving in the car,
so I let off a few more shots.
415
00:34:33,200 --> 00:34:35,080
[Kyle] Did you see any blood at the time?
416
00:34:35,160 --> 00:34:37,040
[Mark] I seen the hole in his temple.
417
00:34:38,360 --> 00:34:41,280
I reached in there
and I put one leg alongside of the car.
418
00:34:41,360 --> 00:34:44,840
I've got long, skinny legs.
I was sitting in between, like a saddle.
419
00:34:45,160 --> 00:34:46,800
I was pushing his ass up.
420
00:34:46,880 --> 00:34:49,520
I got another hand
and I was pushing the wallet out.
421
00:34:50,120 --> 00:34:53,120
-Did anybody promise you anything?
-No.
422
00:34:55,040 --> 00:34:56,320
[Kyle] He liked to brag.
423
00:34:57,240 --> 00:35:01,920
He liked to talk about how he had done
his crimes and, uh...
424
00:35:02,000 --> 00:35:04,280
almost as if it was a badge of honor.
425
00:35:04,600 --> 00:35:06,600
Almost as if it was, um...
426
00:35:07,040 --> 00:35:08,840
that it made him a tough guy.
427
00:35:09,800 --> 00:35:14,760
As a matter of fact, he said it casually.
He said, "I've been on my little, um...
428
00:35:14,840 --> 00:35:18,960
I've had my fun
and I'm gonna go do a little time now.
429
00:35:20,440 --> 00:35:21,440
And then I'll...
430
00:35:22,280 --> 00:35:23,280
get out."
431
00:35:24,280 --> 00:35:26,280
[indistinct conversation]
432
00:35:30,560 --> 00:35:31,560
[door closes]
433
00:35:33,440 --> 00:35:36,760
[Kyle]
I didn't get the impression from him
434
00:35:37,520 --> 00:35:40,400
that he was anybody's rescuer or savior.
435
00:35:40,920 --> 00:35:45,800
I got more the impression that he was
the person that came up to people
436
00:35:45,880 --> 00:35:48,480
and took what he wanted from them
when he wanted it
437
00:35:48,560 --> 00:35:50,480
at whatever cost it was to them.
438
00:35:59,520 --> 00:36:00,600
[operator] Thank you.
439
00:36:01,120 --> 00:36:02,800
-[Mark] Hey.
-[Carmen] Yeah?
440
00:36:03,440 --> 00:36:05,000
[operator] You have a collect call.
441
00:36:14,760 --> 00:36:17,000
[Mark] Let's cut the bullshit.
You know I did it.
442
00:36:18,120 --> 00:36:20,200
-[Carmen] What?
-[Mark] You know I did it.
443
00:36:20,480 --> 00:36:22,160
You know I did this shit for you.
444
00:36:22,600 --> 00:36:26,560
[Carmen] You say a lot of shit, Mark.
And a lot of it has been lies.
445
00:36:27,440 --> 00:36:30,960
[Mark] Don't fuck me around. If you try
to fuck me, I'll fuck you with me.
446
00:36:31,040 --> 00:36:32,560
[Carmen] I'm not trying to do anything.
447
00:36:32,640 --> 00:36:35,120
[Mark] I ain't gonna take this bullshit
by myself.
448
00:36:36,160 --> 00:36:38,320
I know you can get me
the fuck out of here.
449
00:36:40,520 --> 00:36:41,920
[Carmen] How am I gonna get you out?
450
00:36:42,000 --> 00:36:44,120
[Mark] I don't know.
Find some fucking way.
451
00:36:46,200 --> 00:36:48,480
[Carmen] You didn't tell me anything.
What will I tell them?
452
00:36:48,560 --> 00:36:49,720
I don't know anything.
453
00:36:49,800 --> 00:36:52,640
That's all I told them.
I don't know what else to do.
454
00:36:52,720 --> 00:36:54,440
I don't know how else to help you.
455
00:36:56,880 --> 00:36:59,240
You listen to this, he's clearly guilty.
456
00:36:59,320 --> 00:37:01,400
He's clearly trying to implicate her.
457
00:37:01,840 --> 00:37:02,880
She's not having it.
458
00:37:04,480 --> 00:37:06,800
As soon as his hide was on the line...
459
00:37:08,360 --> 00:37:10,120
then he goes from being, you know,
460
00:37:10,200 --> 00:37:14,120
this romantic savior
to what he actually is, which is, um...
461
00:37:15,720 --> 00:37:19,480
an animal that no one has ever disciplined
or trained.
462
00:37:24,680 --> 00:37:26,080
He turned on that woman...
463
00:37:29,520 --> 00:37:34,600
almost immediately
in order to gain some... some better deal.
464
00:37:35,240 --> 00:37:37,640
And that is why she's still in jail today.
465
00:37:56,040 --> 00:37:57,880
[bell rings]
466
00:38:24,040 --> 00:38:26,040
[birds singing]
467
00:38:46,080 --> 00:38:48,240
[Nicole]
I think he'll get out, eventually.
468
00:38:50,560 --> 00:38:53,760
But I don't know if he'll ever be sorry
for what he's done.
469
00:38:55,120 --> 00:38:56,880
He's just sorry he's in jail.
470
00:39:03,800 --> 00:39:07,600
Without remorse in his heart...
471
00:39:08,960 --> 00:39:09,960
I don't think...
472
00:39:11,280 --> 00:39:14,240
that anyone who's in prison,
473
00:39:14,920 --> 00:39:17,800
much less Mark, should get out.
474
00:39:25,120 --> 00:39:30,520
The mentality he has is still, uh,
as a young man, I think,
475
00:39:30,800 --> 00:39:32,040
even from his writings.
476
00:39:33,120 --> 00:39:34,920
And from his writings...
477
00:39:35,800 --> 00:39:37,720
the mentality is,
478
00:39:37,800 --> 00:39:40,040
"I want, therefore I get."
479
00:39:41,920 --> 00:39:44,120
And that's not how life works out here.
480
00:39:45,040 --> 00:39:46,880
Okay? You can't just want something,
481
00:39:46,960 --> 00:39:48,640
somebody gets in your way, and...
482
00:39:49,280 --> 00:39:53,120
Buzz. You know, take care of that
and then I get what I want.
483
00:39:53,880 --> 00:39:56,920
It doesn't work that way.
He should've learned that long ago.
484
00:40:00,840 --> 00:40:03,560
He was a violent person as a young kid.
485
00:40:04,720 --> 00:40:08,080
He's still violent in...
in the prison system.
486
00:40:09,240 --> 00:40:13,000
That doesn't mean that when he gets out,
he's suddenly not violent anymore.
487
00:40:14,120 --> 00:40:15,880
And that scares me.
488
00:40:21,880 --> 00:40:23,160
He'd never hurt me.
489
00:40:23,720 --> 00:40:24,560
No.
490
00:40:25,440 --> 00:40:27,040
No, he'd never hurt me.
491
00:40:27,680 --> 00:40:28,760
I don't believe that.
492
00:40:30,440 --> 00:40:33,400
But that doesn't mean
he couldn't hurt others around me.
493
00:40:37,960 --> 00:40:38,960
That's scary.
494
00:40:52,560 --> 00:40:56,400
[Mark] I... I did something wrong
and I've... and I've been punished for it.
495
00:40:56,480 --> 00:40:59,760
I did the most horrible thing you can do,
is take somebody's life.
496
00:41:02,680 --> 00:41:03,560
I can't...
497
00:41:04,720 --> 00:41:07,840
stress enough
that I'm not the same person I was.
498
00:41:10,720 --> 00:41:14,040
One good thing about being in prison
is you're forced to sit down,
499
00:41:14,440 --> 00:41:18,280
look at yourself, evaluate yourself,
like, "Man, if I wanna get out of here,
500
00:41:18,360 --> 00:41:19,680
how do I get out of here?"
501
00:41:22,640 --> 00:41:24,600
One thing is I gotta make some changes.
502
00:41:25,120 --> 00:41:28,080
Because the stuff that I was doing,
this is where it got me.
503
00:41:43,360 --> 00:41:47,200
[Jesse] Carmen used her body for sex,
and then the money.
504
00:41:48,520 --> 00:41:51,360
She didn't pull the trigger,
but she influenced him
505
00:41:51,440 --> 00:41:55,240
to the point where, uh,
she got him to do...
506
00:41:56,240 --> 00:41:57,800
what she wanted him to do.
507
00:41:59,400 --> 00:42:02,840
To a certain degree, I... I could say
that my family is correct,
508
00:42:02,920 --> 00:42:04,920
because she's somebody I cared about.
509
00:42:05,000 --> 00:42:05,840
Uh...
510
00:42:06,440 --> 00:42:08,760
She was a friend of mine. I mean, um...
511
00:42:08,840 --> 00:42:11,360
of course,
there's some emotional ties there.
512
00:42:11,440 --> 00:42:14,040
So, yeah, I would want you to...
to feel better.
513
00:42:14,440 --> 00:42:16,360
When I found out that Carmen was hurt,
514
00:42:16,440 --> 00:42:20,200
I wanted to do whatever I could
to make sure she wasn't hurt no more.
515
00:42:25,600 --> 00:42:29,160
The way that people outside of my life
would see it
516
00:42:29,240 --> 00:42:32,520
is like, "They really had something
going on," and it was nothing.
517
00:42:32,600 --> 00:42:36,280
I mean, it's... it's my friend's mom,
and I could say we were more friends
518
00:42:36,360 --> 00:42:39,280
than any type of girlfriend or lover
or anything like that.
519
00:42:39,360 --> 00:42:40,840
We had sex, but it's...
520
00:42:41,800 --> 00:42:44,480
a couple times,
and then after that, it was over with.
521
00:42:45,760 --> 00:42:49,640
As far as... as far as her asking me
to go kill him, no, none of that.
522
00:42:49,720 --> 00:42:53,080
I... I... I don't know
where that would come from.
523
00:42:58,040 --> 00:43:00,360
[Kyle] How many times has she asked you
to kill him?
524
00:43:01,800 --> 00:43:03,160
[Mark] This is the first time.
525
00:43:03,240 --> 00:43:06,400
She brought up the idea
that she wouldn't mind him being killed.
526
00:43:06,480 --> 00:43:10,000
But she never actually brought anything
to my attention until that day.
527
00:43:12,240 --> 00:43:16,040
I saw her lying there. She's telling me
that would be a good night to do it.
528
00:43:18,080 --> 00:43:19,520
I... I did make statements.
529
00:43:19,600 --> 00:43:21,600
I did let them record me and all this,
530
00:43:21,680 --> 00:43:24,040
but I did it under false pretense.
I let them...
531
00:43:25,400 --> 00:43:28,880
mislead me into believing that,
"If you help us, we're gonna help you,
532
00:43:28,960 --> 00:43:32,040
you might get no more than ten years,
you might get probation."
533
00:43:32,120 --> 00:43:36,400
I wish, the moment that I was arrested,
I wish I had just shut the hell up and...
534
00:43:37,040 --> 00:43:38,400
whatever happened happened.
535
00:43:38,760 --> 00:43:41,920
These things weren't supposed to go
anywhere. They were supposed to be...
536
00:43:42,480 --> 00:43:45,760
uh, it wasn't supposed to be used
against her. None of this was...
537
00:43:45,840 --> 00:43:47,760
There wasn't gonna be
any punishment towards her.
538
00:43:51,920 --> 00:43:54,120
My talking too much got her screwed over.
539
00:43:55,000 --> 00:43:56,000
I fell for it.
540
00:43:59,360 --> 00:44:03,400
And I... and I ruined people's lives,
my own, my family's, uh, Carmen's...
541
00:44:04,360 --> 00:44:06,640
and anybody
that cared about either one of us.
542
00:44:15,640 --> 00:44:18,040
[Nicole]
What he told me was that, basically,
543
00:44:18,120 --> 00:44:20,280
he had been seeing Carmen for a while
544
00:44:20,360 --> 00:44:22,520
and that she had gotten pregnant...
545
00:44:23,480 --> 00:44:24,440
by Mark.
546
00:44:26,120 --> 00:44:27,680
Esequiel found out
547
00:44:27,760 --> 00:44:32,840
and beat her to the point
where she miscarried at eight months.
548
00:44:33,720 --> 00:44:34,560
So...
549
00:44:35,320 --> 00:44:38,240
the interpretation
I get out of his letters...
550
00:44:39,120 --> 00:44:43,040
is that he wanted revenge
for killing his child.
551
00:44:44,120 --> 00:44:45,240
A life for a life.
552
00:44:49,640 --> 00:44:51,960
So, that way
we get the record clear for this.
553
00:44:52,040 --> 00:44:55,520
The thing that got Esequiel Fonseca killed
is him threatening my life.
554
00:44:55,600 --> 00:44:58,880
The thing that got him beat up
was him beating up my friend's mom.
555
00:44:59,520 --> 00:45:04,840
As far as the possibility of it being
because of, uh, her getting pregnant...
556
00:45:05,640 --> 00:45:08,520
I mean,
who wouldn't be pissed off about it?
557
00:45:08,600 --> 00:45:11,760
I don't even know if that was my kid,
if she was pregnant by me.
558
00:45:14,800 --> 00:45:18,840
If it... if that was my kid, yeah,
I'm gonna be mad about that. I mean...
559
00:45:19,480 --> 00:45:22,960
So, I mean, the possibility
that might have been my kid is in my head.
560
00:45:23,800 --> 00:45:27,880
I don't know for a fact that was my kid,
but if it was, yeah, he deserved it.
561
00:45:28,400 --> 00:45:29,960
That would have got him killed.