1 00:00:09,051 --> 00:00:10,391 (Man speaking over radio) 2 00:00:15,140 --> 00:00:16,230 (Police siren wailing) 3 00:00:34,868 --> 00:00:36,118 Officer: Hey! Hey! 4 00:00:46,255 --> 00:00:47,735 (Man speaking indistinctly over radio) 5 00:00:58,934 --> 00:01:02,154 Michelle: Brian had one thing on his mind that night, 6 00:01:02,229 --> 00:01:05,399 to protect that 12-year old-girl. 7 00:01:05,524 --> 00:01:09,034 The one person who had no obligation to her at all, 8 00:01:10,237 --> 00:01:11,407 is the one that got punished. 9 00:01:13,115 --> 00:01:14,985 I do not regret a thing I did, 10 00:01:15,075 --> 00:01:16,635 regardless of the fact that I could spend 11 00:01:16,660 --> 00:01:18,700 up to the next 20 years in freaking prison. 12 00:01:24,209 --> 00:01:27,549 If people had known what I have lived through, 13 00:01:27,671 --> 00:01:30,671 they would understand and would have reacted the same way I did. 14 00:01:58,660 --> 00:02:01,000 Deric walpole: Brian is charged with aggravated assault, 15 00:02:01,163 --> 00:02:03,373 which carries up to 20 years in prison, 16 00:02:03,540 --> 00:02:07,790 as a felony and up to a $10,000 fine. 17 00:02:07,878 --> 00:02:12,588 It basically involves my client defending a small child. 18 00:02:14,635 --> 00:02:16,045 The law is, 19 00:02:16,178 --> 00:02:19,468 if you intentionally, knowingly or recklessly threaten someone, 20 00:02:19,640 --> 00:02:21,580 with serious bodily injury and you exhibited a deadly weapon, 21 00:02:21,600 --> 00:02:23,140 you're guilty of aggravated assault. 22 00:02:23,268 --> 00:02:24,428 That's the letter of the law. 23 00:02:26,563 --> 00:02:29,233 The letter of the law is also, that you can use 24 00:02:29,358 --> 00:02:31,028 a reasonable amount of force necessary 25 00:02:31,151 --> 00:02:34,361 to defend yourself from an unlawful imminent attack from another. 26 00:02:36,073 --> 00:02:38,083 Right now, his life is in my hands. 27 00:02:38,200 --> 00:02:40,490 And, I've gotta be careful with it. 28 00:02:45,332 --> 00:02:48,462 Brian is 29 years old. He's a welder. 29 00:02:48,543 --> 00:02:50,303 He's got a 6-month-old baby. 30 00:02:50,420 --> 00:02:52,880 He's got an 11-year-old stepson that he needs to take care of 31 00:02:53,006 --> 00:02:56,966 and he could be separated from them for a very long time. 32 00:02:57,094 --> 00:03:00,144 I want him to come in today and really give the story to me in detail, 33 00:03:00,222 --> 00:03:02,642 because, we got to get it right. 34 00:03:06,061 --> 00:03:07,341 - How is it going? - How are you? 35 00:03:07,479 --> 00:03:09,359 - Pretty good, how are you? - Good. Have a seat. 36 00:03:12,984 --> 00:03:14,824 All right, so, 37 00:03:14,945 --> 00:03:17,905 I want you to tell me the story from the beginning. 38 00:03:18,031 --> 00:03:21,031 Okay. Well, I was 39 00:03:21,159 --> 00:03:22,989 at a friend's house across the street 40 00:03:23,120 --> 00:03:26,210 from where everything occurred. 41 00:03:26,331 --> 00:03:28,881 I received a text that a neighbor of ours 42 00:03:28,959 --> 00:03:31,379 had beaten his daughter, 43 00:03:32,754 --> 00:03:34,514 and that she had ran 44 00:03:34,631 --> 00:03:37,801 to our house at the time, for refuge. 45 00:03:39,136 --> 00:03:41,926 And that they had contacted the police. 46 00:03:42,055 --> 00:03:43,485 - Deric: Was it dark yet? - Brian: Yes. 47 00:03:43,515 --> 00:03:45,265 - Deric: How dark is it? - Pitch black. 48 00:03:45,350 --> 00:03:47,480 All right. What was your thought process? 49 00:03:47,602 --> 00:03:50,522 The few times I had met this guy, 50 00:03:50,647 --> 00:03:51,767 it was... 51 00:03:51,898 --> 00:03:53,608 He was drunk with an ar-15, 52 00:03:53,734 --> 00:03:57,204 and I wanted to have an equal amount of firepower as he did. 53 00:03:58,155 --> 00:04:00,065 I went to the garage, 54 00:04:00,198 --> 00:04:03,868 and got an ak-47 which was in the garage. 55 00:04:05,954 --> 00:04:09,834 About 20 minutes later, I saw him coming up the road. 56 00:04:10,000 --> 00:04:12,630 But when he pulled up his truck and he got out, 57 00:04:12,753 --> 00:04:15,673 I couldn't see his hands, couldn't make out if he had a weapon or not. 58 00:04:15,839 --> 00:04:18,799 And I was screaming at him from the top of my lungs. 59 00:04:18,967 --> 00:04:21,467 "Stay back, stay back. Stay off the property." 60 00:04:22,804 --> 00:04:25,644 And, as soon as he walked 61 00:04:25,766 --> 00:04:28,476 about four feet onto the property 62 00:04:28,602 --> 00:04:32,982 I aimed the gun 45-degree angle in his direction, 63 00:04:33,106 --> 00:04:34,356 and I discharged two rounds. 64 00:04:35,942 --> 00:04:39,532 The second those two rounds were discharged, 65 00:04:39,696 --> 00:04:42,016 the cops come flying around the corner with their lights on. 66 00:04:44,117 --> 00:04:45,947 The cop got out of his car, 67 00:04:46,036 --> 00:04:49,246 and he's asking, "who has the gun? Who has the gun?" 68 00:04:49,372 --> 00:04:50,922 This is when I made my mistake. 69 00:04:55,462 --> 00:04:57,842 I told that cop that he had the gun, 70 00:04:59,132 --> 00:05:00,552 and that he shot the rounds. 71 00:05:02,052 --> 00:05:03,302 And that I didn't have a gun. 72 00:05:03,470 --> 00:05:05,680 - That was a mistake. - That was a mistake. 73 00:05:05,847 --> 00:05:06,967 Why did you do that? 74 00:05:07,057 --> 00:05:10,097 I was almost sure of myself that he had a gun, 75 00:05:10,227 --> 00:05:12,977 and that they would find that gun and hopefully just take his gun. 76 00:05:13,063 --> 00:05:15,983 Yeah, what did you think the odds were at that point that he had a gun? 77 00:05:16,107 --> 00:05:17,727 Oh, I was 100% positive. 78 00:05:19,152 --> 00:05:20,532 I mean, yeah, we got some... 79 00:05:21,530 --> 00:05:23,660 - We've got some problems. - Okay. 80 00:05:23,824 --> 00:05:25,904 You know, you lied to the police. That's the main one. 81 00:05:26,701 --> 00:05:27,991 So, the cop mirandizes you. 82 00:05:32,332 --> 00:05:33,542 You're telling the story. 83 00:05:33,667 --> 00:05:35,227 Brian: Yeah, I told him the whole story. 84 00:05:35,335 --> 00:05:36,995 I was telling the truth this time. 85 00:05:47,138 --> 00:05:50,348 So the police officer walks over to the other police officers 86 00:05:50,475 --> 00:05:52,725 and says, "he tells me the guy got out of his car, 87 00:05:52,853 --> 00:05:54,653 "pointed the gun at him, he turned around, 88 00:05:54,771 --> 00:05:57,171 "and when the guy was getting back to his car, he fired the shots." 89 00:05:57,190 --> 00:06:00,070 After just having talked to you. 90 00:06:00,193 --> 00:06:02,823 And that's when they say, "well, that's not self-defense." 91 00:06:02,904 --> 00:06:03,904 "That's... 92 00:06:04,656 --> 00:06:05,986 "That's aggravated assault." 93 00:06:08,368 --> 00:06:09,828 So it's pretty serious. 94 00:06:09,911 --> 00:06:13,001 It's the same level offense as sexual assault, robbery. 95 00:06:14,374 --> 00:06:15,924 I mean, it's bad. 96 00:06:16,001 --> 00:06:17,901 The only thing that's worse than that is a first degree felony, 97 00:06:17,919 --> 00:06:19,589 - which is murder. - Murder. 98 00:06:22,591 --> 00:06:23,991 Deric: Some people just don't get involved. 99 00:06:24,009 --> 00:06:25,969 Brian is not like that. Brian does get involved. 100 00:06:26,094 --> 00:06:27,354 He's a protector. 101 00:06:27,470 --> 00:06:29,140 He's also a volunteer firefighter. 102 00:06:29,264 --> 00:06:31,644 It's hero stuff, man. He wants to help people out. 103 00:06:31,808 --> 00:06:33,728 And if it's dangerous, that's fine. 104 00:06:33,852 --> 00:06:36,352 I'll put myself in danger to help other people out 105 00:06:37,230 --> 00:06:38,980 with little or no credit for it. 106 00:06:39,107 --> 00:06:40,727 And in this position, 107 00:06:40,859 --> 00:06:44,029 not only did he get little or no credit for, 108 00:06:44,154 --> 00:06:46,744 he ended up with a felony arrest 109 00:06:46,865 --> 00:06:48,735 and looking at two to 20 years in prison. 110 00:07:10,055 --> 00:07:14,515 I am on my way to pick up my youngest, Bentley, from daycare. 111 00:07:16,019 --> 00:07:17,939 I love being a dad. 112 00:07:18,021 --> 00:07:20,401 It's a little agonizing at times, but, 113 00:07:20,523 --> 00:07:21,903 most of the time it's pretty good. 114 00:07:23,193 --> 00:07:24,493 My fiancee, 115 00:07:24,653 --> 00:07:27,113 she works nights mostly, 116 00:07:27,197 --> 00:07:28,367 and I work days. 117 00:07:28,490 --> 00:07:30,700 So, she takes him to daycare, 118 00:07:30,825 --> 00:07:32,945 and I got to pick him up from daycare. 119 00:07:48,718 --> 00:07:51,638 Check it out! There you go! 120 00:07:51,721 --> 00:07:54,891 Brian: I was a volunteer fireman for almost two years. 121 00:07:55,016 --> 00:07:59,056 Responding to both medical and emergency calls. 122 00:08:00,271 --> 00:08:01,561 That was a big part of my life. 123 00:08:02,649 --> 00:08:04,649 That, right there, 124 00:08:04,776 --> 00:08:06,776 I was about to head into that house. 125 00:08:07,570 --> 00:08:08,950 That's me, 126 00:08:09,030 --> 00:08:11,780 during that fire. 127 00:08:11,866 --> 00:08:13,986 Yeah, I did have friends in the department, for sure, 128 00:08:14,160 --> 00:08:18,460 but, yeah, it was mainly the excitement, getting to help people. 129 00:08:18,581 --> 00:08:20,791 So, getting to be 130 00:08:21,626 --> 00:08:23,416 that ingrained in the community. 131 00:08:25,005 --> 00:08:26,545 It's a calling, you know. 132 00:08:26,673 --> 00:08:31,093 Our lives will be put below the lives we're trying to save. 133 00:08:33,304 --> 00:08:34,474 Good memories. 134 00:08:34,597 --> 00:08:36,177 - Good memories. - Bentley: Dada! 135 00:08:39,102 --> 00:08:40,482 As soon as this case hit, 136 00:08:40,562 --> 00:08:42,402 I wasn't allowed to do it anymore. 137 00:08:42,522 --> 00:08:45,442 I was placed on suspension. 138 00:08:45,567 --> 00:08:48,147 One moment, the entire community is looking up to you, 139 00:08:48,278 --> 00:08:50,858 and the next moment, you're looked at as a villain. 140 00:08:53,158 --> 00:08:55,738 If I wasn't that person, I'd have never... 141 00:08:55,869 --> 00:08:57,699 I'd have never gone to help 142 00:08:58,371 --> 00:08:59,581 that night. 143 00:09:15,847 --> 00:09:17,347 Deric: It is a really pretty day. 144 00:09:17,474 --> 00:09:19,484 And I'm going to interview Michelle, 145 00:09:20,310 --> 00:09:21,640 who's Brian's biological mother. 146 00:09:35,116 --> 00:09:37,826 When she's relaying the events to the jury, 147 00:09:37,994 --> 00:09:40,914 she needs to relay them to the jury in a way 148 00:09:41,039 --> 00:09:44,289 that, kind of, puts them in the same frame of mind that Brian was in. 149 00:09:44,417 --> 00:09:48,087 Because, that night, she sold the little girl's story to Brian, 150 00:09:48,171 --> 00:09:50,381 to where Brian was actually willing to pick up a gun 151 00:09:50,507 --> 00:09:51,987 and actually discharge it at somebody. 152 00:09:54,511 --> 00:09:56,721 I need to have the jury believe 153 00:09:56,846 --> 00:09:58,806 the same thing that Brian believed that evening. 154 00:10:06,731 --> 00:10:09,231 I got a call from my pastor, pastor Phil. 155 00:10:10,485 --> 00:10:13,655 And he told me that one of my youth 156 00:10:13,780 --> 00:10:16,320 had called him. 157 00:10:16,449 --> 00:10:19,659 Twelve-year-old girl who also happens to be my neighbor. 158 00:10:19,786 --> 00:10:23,326 She said that her dad had laid his hands on her, 159 00:10:23,456 --> 00:10:26,206 and that there were marks. 160 00:10:26,334 --> 00:10:29,464 I went over there and the girl was standing in her kitchen crying, sobbing. 161 00:10:29,587 --> 00:10:32,507 Her face was red, her neck was red. 162 00:10:32,632 --> 00:10:33,932 And she proceeded to tell me 163 00:10:34,008 --> 00:10:36,218 that her and her dad had gotten in a fight. 164 00:10:38,096 --> 00:10:40,556 That he had his hands around her neck. 165 00:10:40,682 --> 00:10:42,852 She said he tried to choke her, 166 00:10:42,976 --> 00:10:45,646 so I brought her back to my house. 167 00:10:45,812 --> 00:10:47,812 So, you are of the opinion that he could show up 168 00:10:47,939 --> 00:10:49,069 and cause some serious harm. 169 00:10:49,190 --> 00:10:50,320 Yeah. 170 00:10:50,441 --> 00:10:52,441 - And then Brian comes over. - Yes. 171 00:10:52,527 --> 00:10:54,207 And you tell him in person what's going on. 172 00:10:54,237 --> 00:10:56,487 Yeah, and I had opened the door and he said, 173 00:10:56,656 --> 00:10:58,156 "just go back inside for right now. 174 00:10:58,324 --> 00:11:00,164 "Go take care of the girl." 175 00:11:00,326 --> 00:11:02,246 And so I did. 176 00:11:02,370 --> 00:11:04,750 Did you see Brian standing out there with the gun? 177 00:11:04,873 --> 00:11:05,713 Yes. 178 00:11:05,832 --> 00:11:07,632 What were your thoughts on that? 179 00:11:07,709 --> 00:11:09,999 - Um... - Necessary, unnecessary? 180 00:11:10,128 --> 00:11:12,608 There were so many thoughts running through my head at that point. 181 00:11:12,630 --> 00:11:14,300 Oh, absolutely necessary. 182 00:11:14,465 --> 00:11:15,875 Absolutely necessary. 183 00:11:17,135 --> 00:11:19,175 Okay. Were Brian's actions reasonable? 184 00:11:19,345 --> 00:11:20,885 - Yes! - Okay. 185 00:11:21,014 --> 00:11:22,644 What's the next thing you know happens? 186 00:11:22,724 --> 00:11:24,604 I heard, I think, 187 00:11:25,185 --> 00:11:26,185 two gunshots. 188 00:11:26,936 --> 00:11:29,266 You hear the gunshots, 189 00:11:29,397 --> 00:11:31,477 you see the headlights from the police come up? 190 00:11:31,649 --> 00:11:32,819 What happens next? 191 00:11:32,942 --> 00:11:34,612 Brian was yelling. I was yelling. 192 00:11:34,694 --> 00:11:36,404 The police officer came over 193 00:11:36,529 --> 00:11:39,819 and asked where the gunshot came from. 194 00:11:39,908 --> 00:11:41,668 He had no idea where the shots had come from. 195 00:11:41,743 --> 00:11:43,753 He didn't know anything that was going on. 196 00:11:43,870 --> 00:11:45,630 You know, you can only do the best you can do 197 00:11:45,663 --> 00:11:46,893 with what you have at the time. 198 00:11:46,915 --> 00:11:49,165 And I firmly believe that is what Brian did. 199 00:11:49,292 --> 00:11:51,672 Okay. All right. Well, thank you for having me in your home. 200 00:11:51,794 --> 00:11:52,884 No problem. 201 00:11:54,464 --> 00:11:57,344 Michelle: Brian had one thing on his mind that night 202 00:11:57,467 --> 00:12:01,467 and that was to protect that 12-year-old girl. 203 00:12:01,554 --> 00:12:03,824 I should say I've done more praying in the last year and a half 204 00:12:03,848 --> 00:12:05,808 than I ever have in my entire life. 205 00:12:07,185 --> 00:12:10,185 Brian has a family that depends on him. 206 00:12:10,730 --> 00:12:11,940 And... 207 00:12:12,732 --> 00:12:14,862 (Scoffs) 208 00:12:14,984 --> 00:12:18,344 What kind of system is that that would send away someone who tried to protect a child? 209 00:12:25,328 --> 00:12:28,118 Deric: The plan for today is to go meet with my trial partner 210 00:12:28,206 --> 00:12:30,286 and discuss what we have to do next. 211 00:12:34,712 --> 00:12:38,802 How would you say we want to portray Brian? 212 00:12:38,925 --> 00:12:42,135 Do we want it, like, hey, we would hope 213 00:12:42,262 --> 00:12:45,562 anyone would do this if, you know, he's protecting his child. 214 00:12:45,682 --> 00:12:47,272 He made, you know, 215 00:12:47,392 --> 00:12:49,252 what he thought was the right decision under the circumstances, 216 00:12:49,269 --> 00:12:52,269 and he should be commended for doing what he did to protect a child. 217 00:12:52,355 --> 00:12:53,815 I mean, I can sell it. 218 00:12:53,940 --> 00:12:57,070 Or is it more like, listen, you know, 219 00:12:57,193 --> 00:12:58,743 Brian went a little off the rails here. 220 00:12:59,529 --> 00:13:00,739 You know what? 221 00:13:01,447 --> 00:13:02,867 I say he's a hero. 222 00:13:16,713 --> 00:13:20,263 November 3rd, 2016. 223 00:13:21,634 --> 00:13:24,684 Two individuals broke into my apartment. 224 00:13:24,846 --> 00:13:27,056 They had picked the locks and came in, 225 00:13:27,181 --> 00:13:29,981 and woke up with the gun in my face. 226 00:13:31,019 --> 00:13:33,939 I went to grappling with that guy. 227 00:13:34,022 --> 00:13:35,322 And as I was struggling, 228 00:13:35,481 --> 00:13:37,111 that's when I heard, um, 229 00:13:38,151 --> 00:13:41,861 you know, "pop-pop" from behind me. 230 00:13:42,030 --> 00:13:44,990 I took the first hit in the back of the shoulder, 231 00:13:45,074 --> 00:13:47,954 and it came out the top of my shoulder. 232 00:13:48,036 --> 00:13:50,246 And then I took a gunshot to my arm. 233 00:13:51,372 --> 00:13:53,292 When the bullet hit, 234 00:13:53,416 --> 00:13:56,456 it detached a piece of my humerus, about this big and completely separated it. 235 00:13:58,004 --> 00:14:00,094 And I ran right for the door of the apartment, 236 00:14:00,214 --> 00:14:01,924 and as I was leaving, I took another hit 237 00:14:02,008 --> 00:14:04,838 in the lower waist, to my right side. 238 00:14:06,095 --> 00:14:09,265 Psychologically, it had a tremendous impact, 239 00:14:09,390 --> 00:14:11,810 and a lot of people have asked the question, 240 00:14:11,893 --> 00:14:14,193 you know, how do you feel about guns after being shot? 241 00:14:16,356 --> 00:14:18,516 Well, I feel 242 00:14:18,649 --> 00:14:21,939 the more of the need to own them now than I ever did before. 243 00:14:40,296 --> 00:14:43,126 Briee and I, we were introduced by my mother 244 00:14:43,257 --> 00:14:45,927 a week after the incident happened. 245 00:14:46,052 --> 00:14:50,812 And, three weeks before that, she had lost her husband. 246 00:14:50,973 --> 00:14:55,143 Briee: The first day we actually met, I had a leaking water pipe. (Chuckles) 247 00:14:55,311 --> 00:14:59,151 And he came over and he made it so much worse. 248 00:14:59,315 --> 00:15:03,735 But he felt like home when I was around him. 249 00:15:03,861 --> 00:15:05,091 We were both at points in our life 250 00:15:05,113 --> 00:15:07,283 where we didn't want anything serious. 251 00:15:07,365 --> 00:15:09,655 We weren't looking for anything serious. 252 00:15:09,784 --> 00:15:12,834 We were just going to help each other get through our situations as friends. 253 00:15:12,912 --> 00:15:17,212 And, that turned very quickly into dating. 254 00:15:17,375 --> 00:15:19,995 And then, months later, I was proposing to her 255 00:15:20,169 --> 00:15:21,919 because I just knew she was the one. 256 00:15:24,090 --> 00:15:28,470 Briee: He is a good protector of the family. 257 00:15:28,594 --> 00:15:32,274 I'm almost positive he has PTSD from the home invasion. 258 00:15:34,016 --> 00:15:35,976 He goes on, like, high-alert. 259 00:15:36,060 --> 00:15:38,270 Like, he is on edge. 260 00:15:38,396 --> 00:15:39,396 He is... 261 00:15:40,189 --> 00:15:42,149 You know, he's ready for the worst. 262 00:15:59,208 --> 00:16:01,708 Deric: We've got the bodycam videos. 263 00:16:01,836 --> 00:16:03,836 This is going to be played during the trial 264 00:16:04,005 --> 00:16:05,645 and Brian is going to be questioned on it. 265 00:16:05,756 --> 00:16:07,626 So, doing that now, 266 00:16:07,800 --> 00:16:09,160 is going to make us better prepared 267 00:16:09,260 --> 00:16:11,100 for when we're actually sitting in a courtroom. 268 00:16:17,101 --> 00:16:19,441 - How's it going, deric? - Deric: It's going pretty well. 269 00:16:25,693 --> 00:16:27,573 All right, so, I wanted you to listen this part. 270 00:16:48,341 --> 00:16:49,341 Good answer. 271 00:16:50,968 --> 00:16:52,598 You're just saying, "I didn't know." 272 00:17:15,368 --> 00:17:18,198 You do a good enough job telling your story 273 00:17:18,371 --> 00:17:21,251 to where I really wouldn't have you tell it any differently, 274 00:17:21,916 --> 00:17:23,416 if you were on the stand. 275 00:17:31,217 --> 00:17:34,387 Deric: All right. So, here's his account of what happened. 276 00:17:58,661 --> 00:18:00,821 Deric: All right, that's what she accused him of doing, 277 00:18:00,871 --> 00:18:02,161 grabbing her by the ears. 278 00:18:16,804 --> 00:18:17,804 Officer: Okay. 279 00:18:32,612 --> 00:18:35,212 I mean, that's important. "I was going to go straight to the door." 280 00:18:50,463 --> 00:18:52,473 He's admitting, still advancing 281 00:18:54,175 --> 00:18:56,135 while you're telling him 282 00:18:56,260 --> 00:18:57,700 to get off the property and not move. 283 00:18:58,304 --> 00:18:59,314 Going towards the door. 284 00:18:59,472 --> 00:19:02,142 The gun was pointed at him. 285 00:19:02,266 --> 00:19:04,806 It wasn't pointed at him the whole time, 286 00:19:04,935 --> 00:19:08,605 but it was rested to a point where all I had to do was... 287 00:19:09,899 --> 00:19:17,899 That. 288 00:19:18,491 --> 00:19:19,991 Deric: It is a really pretty day. 289 00:19:20,117 --> 00:19:22,117 And I'm going to interview Michelle, 290 00:19:22,953 --> 00:19:24,253 who's Brian's biological mother. 291 00:19:37,718 --> 00:19:40,468 When she's relaying the events to the jury, 292 00:19:40,554 --> 00:19:43,604 she needs to relay them to the jury in a way 293 00:19:43,683 --> 00:19:46,943 that, kind of, puts them in the same frame of mind that Brian was in. 294 00:19:47,061 --> 00:19:50,771 Because, that night, she sold the little girl's story to Brian, 295 00:19:50,898 --> 00:19:53,028 to where Brian was actually willing to pick up a gun 296 00:19:53,150 --> 00:19:54,630 and actually discharge it at somebody. 297 00:19:57,196 --> 00:19:59,486 I need to have the jury believe 298 00:19:59,615 --> 00:20:01,455 the same thing that Brian believed that evening. 299 00:20:09,375 --> 00:20:11,785 I got a call from my pastor, pastor Phil. 300 00:20:13,087 --> 00:20:16,467 And he told me that one of my youth 301 00:20:16,590 --> 00:20:18,880 had called him. 302 00:20:19,009 --> 00:20:22,299 Twelve-year-old girl who also happens to be my neighbor. 303 00:20:22,430 --> 00:20:25,980 She said that her dad had laid his hands on her, 304 00:20:26,058 --> 00:20:28,848 and that there were marks. 305 00:20:28,978 --> 00:20:32,188 I went over there and the girl was standing in her kitchen crying, sobbing. 306 00:20:32,356 --> 00:20:35,146 Her face was red, her neck was red. 307 00:20:35,234 --> 00:20:36,534 And she proceeded to tell me 308 00:20:36,694 --> 00:20:38,864 that her and her dad had gotten in a fight. 309 00:20:40,740 --> 00:20:43,280 That he had his hands around her neck. 310 00:20:43,367 --> 00:20:45,487 She said he tried to choke her, 311 00:20:45,661 --> 00:20:48,371 so I brought her back to my house. 312 00:20:48,497 --> 00:20:50,457 So, you are of the opinion that he could show up 313 00:20:50,541 --> 00:20:51,751 and cause some serious harm. 314 00:20:51,876 --> 00:20:52,916 Yeah. 315 00:20:53,002 --> 00:20:55,092 - And then Brian comes over. - Yes. 316 00:20:55,171 --> 00:20:56,821 And you tell him in person what's going on. 317 00:20:56,839 --> 00:20:59,179 Yeah, and I had opened the door and he said, 318 00:20:59,300 --> 00:21:00,800 "just go back inside for right now. 319 00:21:00,926 --> 00:21:02,796 "Go take care of the girl." 320 00:21:02,887 --> 00:21:04,847 And so I did. 321 00:21:04,972 --> 00:21:07,352 Did you see Brian standing out there with the gun? 322 00:21:07,475 --> 00:21:08,305 Yes. 323 00:21:08,434 --> 00:21:10,194 What were your thoughts on that? 324 00:21:10,352 --> 00:21:12,652 - Um... - Necessary, unnecessary? 325 00:21:12,813 --> 00:21:15,173 There were so many thoughts running through my head at that point. 326 00:21:15,191 --> 00:21:17,031 Oh, absolutely necessary. 327 00:21:17,151 --> 00:21:18,491 Absolutely necessary. 328 00:21:19,820 --> 00:21:21,820 Okay. Were Brian's actions reasonable? 329 00:21:21,906 --> 00:21:23,616 - Yes! - Okay. 330 00:21:23,699 --> 00:21:25,329 What's the next thing you know happens? 331 00:21:25,451 --> 00:21:27,241 I heard, I think, 332 00:21:27,828 --> 00:21:28,828 two gunshots. 333 00:21:29,538 --> 00:21:32,168 You hear the gunshots, 334 00:21:32,249 --> 00:21:34,129 you see the headlights from the police come up? 335 00:21:34,251 --> 00:21:35,421 What happens next? 336 00:21:35,544 --> 00:21:37,174 Brian was yelling. I was yelling. 337 00:21:37,296 --> 00:21:38,956 The police officer came over 338 00:21:39,089 --> 00:21:42,429 and asked where the gunshot came from. 339 00:21:42,510 --> 00:21:44,300 He had no idea where the shots had come from. 340 00:21:44,428 --> 00:21:46,428 He didn't know anything that was going on. 341 00:21:46,514 --> 00:21:48,244 You know, you can only do the best you can do 342 00:21:48,265 --> 00:21:49,485 with what you have at the time. 343 00:21:49,517 --> 00:21:51,727 And I firmly believe that is what Brian did. 344 00:21:51,852 --> 00:21:54,522 Okay. All right. Well, thank you for having me in your home. 345 00:21:54,688 --> 00:21:55,688 No problem. 346 00:21:57,149 --> 00:21:59,989 Michelle: Brian had one thing on his mind that night 347 00:22:00,110 --> 00:22:04,030 and that was to protect that 12-year-old girl. 348 00:22:04,198 --> 00:22:06,428 I should say I've done more praying in the last year and a half 349 00:22:06,450 --> 00:22:08,410 than I ever have in my entire life. 350 00:22:09,870 --> 00:22:12,830 Brian has a family that depends on him. 351 00:22:13,582 --> 00:22:14,582 And... 352 00:22:15,543 --> 00:22:17,503 (Scoffs) 353 00:22:17,628 --> 00:22:20,988 What kind of system is that that would send away someone who tried to protect a child? 354 00:22:27,930 --> 00:22:30,680 Deric: The plan for today is to go meet with my trial partner 355 00:22:30,850 --> 00:22:32,940 and discuss what we have to do next. 356 00:22:37,356 --> 00:22:41,436 How would you say we want to portray Brian? 357 00:22:41,527 --> 00:22:44,817 Do we want it, like, hey, we would hope 358 00:22:44,905 --> 00:22:48,275 anyone would do this if, you know, he's protecting his child. 359 00:22:48,367 --> 00:22:49,947 He made, you know, 360 00:22:50,035 --> 00:22:51,885 what he thought was the right decision under the circumstances, 361 00:22:51,912 --> 00:22:54,872 and he should be commended for doing what he did to protect a child. 362 00:22:55,040 --> 00:22:56,500 I mean, I can sell it. 363 00:22:56,625 --> 00:22:59,625 Or is it more like, listen, you know, 364 00:22:59,795 --> 00:23:01,375 Brian went a little off the rails here. 365 00:23:02,172 --> 00:23:03,302 You know what? 366 00:23:04,091 --> 00:23:05,431 I say he's a hero. 367 00:23:18,355 --> 00:23:21,855 November 3rd, 2016. 368 00:23:23,277 --> 00:23:26,317 Two individuals broke into my apartment. 369 00:23:26,447 --> 00:23:28,697 They had picked the locks and came in, 370 00:23:28,824 --> 00:23:31,584 and woke up with the gun in my face. 371 00:23:32,661 --> 00:23:35,541 I went to grappling with that guy. 372 00:23:35,664 --> 00:23:36,924 And as I was struggling, 373 00:23:37,041 --> 00:23:38,751 that's when I heard, um, 374 00:23:39,752 --> 00:23:43,462 you know, "pop-pop" from behind me. 375 00:23:43,589 --> 00:23:46,589 I took the first hit in the back of the shoulder, 376 00:23:46,675 --> 00:23:49,545 and it came out the top of my shoulder. 377 00:23:49,678 --> 00:23:51,848 And then I took a gunshot to my arm. 378 00:23:52,932 --> 00:23:54,852 When the bullet hit, 379 00:23:55,017 --> 00:23:58,057 it detached a piece of my humerus, about this big and completely separated it. 380 00:23:59,647 --> 00:24:01,727 And I ran right for the door of the apartment, 381 00:24:01,857 --> 00:24:03,477 and as I was leaving, I took another hit 382 00:24:03,609 --> 00:24:06,449 in the lower waist, to my right side. 383 00:24:07,738 --> 00:24:10,908 Psychologically, it had a tremendous impact, 384 00:24:11,033 --> 00:24:13,453 and a lot of people have asked the question, 385 00:24:13,535 --> 00:24:15,825 you know, how do you feel about guns after being shot? 386 00:24:17,957 --> 00:24:20,127 Well, I feel 387 00:24:20,250 --> 00:24:23,500 the more of the need to own them now than I ever did before. 388 00:24:41,939 --> 00:24:44,689 Briee and I, we were introduced by my mother 389 00:24:44,858 --> 00:24:47,488 a week after the incident happened. 390 00:24:47,653 --> 00:24:52,453 And, three weeks before that, she had lost her husband. 391 00:24:52,574 --> 00:24:56,754 Briee: The first day we actually met, I had a leaking water pipe. (Chuckles) 392 00:24:56,870 --> 00:25:00,830 And he came over and he made it so much worse. 393 00:25:00,958 --> 00:25:05,298 But he felt like home when I was around him. 394 00:25:05,462 --> 00:25:06,692 We were both at points in our life 395 00:25:06,714 --> 00:25:08,884 where we didn't want anything serious. 396 00:25:09,008 --> 00:25:11,298 We weren't looking for anything serious. 397 00:25:11,385 --> 00:25:14,425 We were just going to help each other get through our situations as friends. 398 00:25:14,513 --> 00:25:18,813 And, that turned very quickly into dating. 399 00:25:18,934 --> 00:25:21,654 And then, months later, I was proposing to her 400 00:25:21,770 --> 00:25:23,520 because I just knew she was the one. 401 00:25:25,691 --> 00:25:30,031 Briee: He is a good protector of the family. 402 00:25:30,195 --> 00:25:33,865 I'm almost positive he has PTSD from the home invasion. 403 00:25:35,617 --> 00:25:37,577 He goes on, like, high-alert. 404 00:25:37,703 --> 00:25:39,913 Like, he is on edge. 405 00:25:40,039 --> 00:25:41,039 He is... 406 00:25:41,874 --> 00:25:43,754 You know, he's ready for the worst. 407 00:26:00,809 --> 00:26:03,309 Deric: We've got the bodycam videos. 408 00:26:03,395 --> 00:26:05,475 This is going to be played during the trial 409 00:26:05,606 --> 00:26:07,246 and Brian is going to be questioned on it. 410 00:26:07,357 --> 00:26:09,317 So, doing that now, 411 00:26:09,443 --> 00:26:10,803 is going to make us better prepared 412 00:26:10,861 --> 00:26:12,701 for when we're actually sitting in a courtroom. 413 00:26:18,744 --> 00:26:21,084 - How's it going, deric? - Deric: It's going pretty well. 414 00:26:27,252 --> 00:26:29,132 All right, so, I wanted you to listen this part. 415 00:26:49,983 --> 00:26:50,983 Good answer. 416 00:26:52,569 --> 00:26:54,239 You're just saying, "I didn't know." 417 00:27:16,969 --> 00:27:19,809 You do a good enough job telling your story 418 00:27:19,930 --> 00:27:22,810 to where I really wouldn't have you tell it any differently, 419 00:27:23,517 --> 00:27:25,057 if you were on the stand. 420 00:27:32,860 --> 00:27:35,990 Deric: All right. So, here's his account of what happened. 421 00:28:00,220 --> 00:28:02,390 Deric: All right, that's what she accused him of doing, 422 00:28:02,514 --> 00:28:03,774 grabbing her by the ears. 423 00:28:18,405 --> 00:28:19,405 Officer: Okay. 424 00:28:34,171 --> 00:28:36,771 I mean, that's important. "I was going to go straight to the door." 425 00:28:52,105 --> 00:28:54,065 He's admitting, still advancing 426 00:28:55,776 --> 00:28:57,686 while you're telling him 427 00:28:57,861 --> 00:28:59,301 to get off the property and not move. 428 00:28:59,863 --> 00:29:00,953 Going towards the door. 429 00:29:01,073 --> 00:29:03,703 The gun was pointed at him. 430 00:29:03,867 --> 00:29:06,497 It wasn't pointed at him the whole time, 431 00:29:06,578 --> 00:29:10,248 but it was rested to a point where all I had to do was... 432 00:29:11,541 --> 00:29:18,841 That. 433 00:29:19,007 --> 00:29:21,717 I get up at 4:00 a. M. Every day, 434 00:29:21,843 --> 00:29:25,973 and I get to work between 5:20 and 5:30. 435 00:29:27,933 --> 00:29:29,773 My work is to weld 436 00:29:29,893 --> 00:29:34,113 the door assemblies for these trailers, here. 437 00:29:34,189 --> 00:29:37,439 I was raised to not give up, not quit. 438 00:29:37,526 --> 00:29:39,646 My principles are loyalty, 439 00:29:39,820 --> 00:29:41,320 hard work. 440 00:29:41,405 --> 00:29:44,825 Regardless of what the odds are, if you believe in something, 441 00:29:44,950 --> 00:29:46,120 you fight for it. 442 00:29:48,870 --> 00:29:50,960 People at work 443 00:29:51,039 --> 00:29:56,249 changed the way they see me but not in a negative manner. 444 00:29:56,378 --> 00:30:00,838 They see me as somebody who stood in the face of danger 445 00:30:00,966 --> 00:30:03,636 to prevent something bad from happening. 446 00:30:03,760 --> 00:30:06,560 And I have their full support. 447 00:30:06,680 --> 00:30:09,640 This case, it's very exhausting. It's bugging me all the time. 448 00:30:09,808 --> 00:30:13,268 Even though, I'm not proven guilty by a jury yet, 449 00:30:13,395 --> 00:30:16,225 you know, it feels like I'm already a criminal. 450 00:30:30,537 --> 00:30:34,617 Today, I want to look over the disciplinary records, 451 00:30:34,750 --> 00:30:36,790 if any, of the police that were involved. 452 00:30:36,918 --> 00:30:38,298 See what they've got going on. 453 00:30:39,629 --> 00:30:41,209 What we think happened in this case 454 00:30:41,340 --> 00:30:44,590 is they just decided Brian was getting arrested. 455 00:30:44,676 --> 00:30:46,506 He lied to them, they didn't like it. 456 00:30:46,636 --> 00:30:48,466 They're going to get him for something. 457 00:30:48,638 --> 00:30:51,808 Now, what I would look for to show that they're prone to that sort of thing, 458 00:30:51,975 --> 00:30:53,385 I can't imagine what that would be. 459 00:30:53,518 --> 00:30:56,228 But, you got to look. 460 00:30:56,355 --> 00:30:59,145 It looks like this police officer, he got in a little trouble here. 461 00:30:59,274 --> 00:31:02,494 So, that was a violation of a number of rules. 462 00:31:02,611 --> 00:31:05,361 He is not a new hire that is not aware of policy and procedures. 463 00:31:05,489 --> 00:31:08,829 He's failed to show competence as a supervisor. 464 00:31:08,950 --> 00:31:10,490 So, he's not perfect. 465 00:31:10,619 --> 00:31:13,289 He needs to listen better. He needs to communicate better. 466 00:31:13,372 --> 00:31:16,082 And in this particular situation, 467 00:31:18,251 --> 00:31:20,461 the police officer didn't listen, 468 00:31:20,545 --> 00:31:21,875 and then he miscommunicated. 469 00:31:23,673 --> 00:31:27,143 I think that's really super-freaking-helpful is what I'm thinking, 470 00:31:27,260 --> 00:31:29,300 because that's exactly what he did that night 471 00:31:39,189 --> 00:31:41,149 Brian: The entire time this has been going on, 472 00:31:41,233 --> 00:31:45,073 it's basically one gigantic nuisance. 473 00:31:45,195 --> 00:31:48,025 Every time I leave the county or want to leave the state, 474 00:31:48,198 --> 00:31:51,908 I got to call this damn supervising probation lady. 475 00:31:52,035 --> 00:31:54,285 Which she always gives me permission for, 476 00:31:54,371 --> 00:31:58,421 but it's like, I have to call her every single time. 477 00:32:01,378 --> 00:32:03,798 This case, so far, the whole thing altogether, 478 00:32:03,964 --> 00:32:06,304 between bail, deric, 479 00:32:06,425 --> 00:32:08,215 even though I haven't been convicted, 480 00:32:08,343 --> 00:32:10,473 whole thing has cost me around $30,000. 481 00:32:28,321 --> 00:32:30,951 You know, this is basically coming down to a matter of opinion, 482 00:32:31,032 --> 00:32:34,042 as to whether Brian's actions were reasonable. 483 00:32:34,870 --> 00:32:37,160 And I want to see it for myself. 484 00:32:38,999 --> 00:32:42,379 When we get to the scene of the alleged crime, 485 00:32:42,502 --> 00:32:45,052 Brian is going to recreate what happened that evening. 486 00:32:45,172 --> 00:32:47,132 I need to be there. I need to see the distances. 487 00:32:47,215 --> 00:32:49,335 So, I think it's going to be really helpful. 488 00:32:54,097 --> 00:32:56,847 - Hey, Brian. - How's it going, deric? 489 00:32:57,017 --> 00:32:59,137 - Nice to see you. - Yeah. All right. 490 00:32:59,269 --> 00:33:01,659 - Let's do it, man. - Do I need to get the prop ak out of the car? 491 00:33:01,688 --> 00:33:03,888 Yeah, I think you should get the prop ak out of the car. 492 00:33:10,071 --> 00:33:11,701 Brian: Right here. This is the house. 493 00:33:13,241 --> 00:33:15,581 This is right about where he pulled up. 494 00:33:15,702 --> 00:33:16,702 Deric: All right. 495 00:33:17,412 --> 00:33:18,622 Where are you at? 496 00:33:18,747 --> 00:33:20,117 I was standing about right here. 497 00:33:20,207 --> 00:33:22,037 I took cover like this. 498 00:33:23,251 --> 00:33:25,341 And as soon as he got out of his truck, 499 00:33:25,504 --> 00:33:27,304 I was screaming at the top of my lungs 500 00:33:27,380 --> 00:33:30,630 for him to stay back, stay off the property. 501 00:33:30,800 --> 00:33:35,140 Here, I'm going to out here. You tell me where he was and where he ended up. 502 00:33:35,263 --> 00:33:37,723 Brian: Move to your right. Three feet. 503 00:33:38,350 --> 00:33:40,020 There you go. 504 00:33:40,185 --> 00:33:42,765 And I'm screaming at him, "stay back! Stay back!" 505 00:33:42,854 --> 00:33:45,774 And he's, kind of, doing a slow walk now. 506 00:33:45,899 --> 00:33:48,029 Stay back. Stay off the property. 507 00:33:48,401 --> 00:33:49,401 Pop! Pop! 508 00:33:50,987 --> 00:33:53,657 And then, no more than five seconds, 509 00:33:53,782 --> 00:33:55,992 that cop comes buzzing around there with his lights on. 510 00:33:56,159 --> 00:33:58,409 And as soon as I saw him make that corner, 511 00:33:58,537 --> 00:33:59,537 I went like that. 512 00:34:00,205 --> 00:34:01,455 Rocked out the round. 513 00:34:02,916 --> 00:34:04,416 I shoved it under the Van like that. 514 00:34:05,669 --> 00:34:07,049 Why? 515 00:34:07,170 --> 00:34:08,810 Because as soon as law enforcement arrives, 516 00:34:08,838 --> 00:34:11,968 the last thing you want them to see in your hands is a gun, 517 00:34:12,092 --> 00:34:13,762 whether you are friend or foe. 518 00:34:18,473 --> 00:34:20,483 Stay back! Stay back! Stay off the property! 519 00:34:20,600 --> 00:34:21,600 Pop! Pop! 520 00:34:28,733 --> 00:34:31,323 Where do you suppose those bullets ended up? 521 00:34:31,444 --> 00:34:33,784 Brian: It could have hit that water tower, 522 00:34:33,905 --> 00:34:36,825 but I didn't hear any metal. 523 00:34:36,908 --> 00:34:40,328 It's actually a damn good thing I didn't hit those power lines, to be honest. 524 00:34:40,453 --> 00:34:42,773 It's a damn good thing you didn't hit lots of things, Brian. 525 00:34:42,831 --> 00:34:45,671 - You're responsible for where your bullets go, right? - Uh-huh. 526 00:34:45,750 --> 00:34:47,000 I mean, they landed somewhere. 527 00:34:49,838 --> 00:34:51,458 Well, I want to wait till dark, 528 00:34:51,631 --> 00:34:53,821 and so I can see what this place looks like at night time. 529 00:34:53,842 --> 00:34:54,842 Brian: Okay. 530 00:34:57,387 --> 00:34:58,527 Deric: Is that light working? 531 00:34:58,555 --> 00:35:00,175 Brian: No, that light hasn't worked 532 00:35:00,307 --> 00:35:02,057 for the entire three years I lived here. 533 00:35:02,183 --> 00:35:03,273 Deric: All right. 534 00:35:15,155 --> 00:35:16,505 Deric: That street light was working. 535 00:35:16,531 --> 00:35:18,171 - Brian: (Sighing) Yes. - This one wasn't. 536 00:35:18,325 --> 00:35:20,655 - This one was not. - And, 537 00:35:20,785 --> 00:35:23,705 - it doesn't look like there's any other lights on the street. - Brian: No. 538 00:35:24,539 --> 00:35:26,829 Deric: It's not a very well-lit street. 539 00:35:27,000 --> 00:35:28,480 And I'm already having problems seeing 540 00:35:28,501 --> 00:35:30,061 what you do or don't have in your hands. 541 00:35:30,128 --> 00:35:31,958 Brian: Yeah. 542 00:35:32,088 --> 00:35:34,808 Deric: Just got to figure out the best way to convey that to the jury. 543 00:35:44,142 --> 00:35:46,312 Deric: Texas is a pretty gun-friendly state in general, 544 00:35:46,478 --> 00:35:49,978 but really, it can depend on the particular county I'm in. 545 00:35:50,065 --> 00:35:53,315 Now, my expectation would be in most rural counties in Texas, 546 00:35:53,443 --> 00:35:54,993 that use of guns to defend yourself 547 00:35:55,153 --> 00:35:58,873 and ownership of guns is not just acceptable, it's expected. 548 00:35:59,032 --> 00:36:00,672 It would be weird if you didn't have guns. 549 00:36:06,706 --> 00:36:09,036 Regardless of self-defense or otherwise, 550 00:36:09,167 --> 00:36:11,807 the prosecutor is not going to want the jury to like what Brian did. 551 00:36:11,878 --> 00:36:15,168 People have an opinion about ak-47s, and it's negative. 552 00:36:15,298 --> 00:36:17,378 And it is the preferred weapon of the enemy. 553 00:36:19,219 --> 00:36:22,719 That definitely is a strike against my client. 554 00:36:22,847 --> 00:36:24,717 And what Brian did do by anyone's account, 555 00:36:24,849 --> 00:36:27,639 is shoot two bullets over the city, ladonia. 556 00:36:27,727 --> 00:36:29,477 Those bullets have to come down somewhere. 557 00:36:29,604 --> 00:36:32,154 And that could have put everybody in danger. 558 00:36:32,315 --> 00:36:34,275 That's something I want to be on top of. 559 00:36:35,735 --> 00:36:38,695 So I'm going to a ballistics calculator 560 00:36:40,365 --> 00:36:42,905 to figure out about where that bullet went. 561 00:36:43,034 --> 00:36:47,414 The ballistic coefficient of this type of bullet is .361. 562 00:36:48,665 --> 00:36:51,455 123-gram bullet comes out of the barrel of an ak-47 563 00:36:51,543 --> 00:36:54,093 at approximately 2,400 feet per second. 564 00:36:54,212 --> 00:36:58,132 So, if he fired 165 inches, over his head, 565 00:36:58,675 --> 00:37:00,215 at ten yards, 566 00:37:00,343 --> 00:37:03,643 that bullet would zero out at 4,000 yards. 567 00:37:05,682 --> 00:37:06,732 So, 568 00:37:06,850 --> 00:37:08,690 this is the driveway. 569 00:37:08,852 --> 00:37:10,152 That's where he was standing. 570 00:37:11,146 --> 00:37:13,186 Run a line over the water tower. 571 00:37:15,108 --> 00:37:16,778 That's 4,000 yards. 572 00:37:16,860 --> 00:37:21,160 That puts us out in the middle of freaking nowhere. 573 00:37:21,239 --> 00:37:23,619 I mean, they did not land around anywhere 574 00:37:23,742 --> 00:37:27,202 that a human being could have possibly been struck by that bullet. 575 00:37:43,595 --> 00:37:45,965 Brian's mother, who was a teacher 576 00:37:46,097 --> 00:37:49,137 at this local church in ladonia, 577 00:37:49,309 --> 00:37:51,189 she received this information 578 00:37:51,311 --> 00:37:53,351 that one of the parishioners' daughters 579 00:37:53,521 --> 00:37:56,321 had been assaulted by her father, 580 00:37:56,441 --> 00:38:00,491 and they took her into their house and sheltered her there. 581 00:38:00,570 --> 00:38:02,910 And Brian knew this girl's father. 582 00:38:03,031 --> 00:38:06,451 And then, he fired two shots with an assault rifle 583 00:38:06,534 --> 00:38:08,794 over his head at about a 45 degree angle 584 00:38:10,163 --> 00:38:11,333 - to stop him from... - Yeah. 585 00:38:11,414 --> 00:38:13,504 Coming any further onto the property, right? 586 00:38:13,666 --> 00:38:16,456 Three years before our case, 587 00:38:16,586 --> 00:38:20,796 Brian was actually shot three times in the course of this robbery. 588 00:38:20,924 --> 00:38:23,804 So, when Brian found himself in this situation, 589 00:38:23,885 --> 00:38:26,805 how do you think that could have factored into the way 590 00:38:26,930 --> 00:38:28,310 that Brian responded that night? 591 00:38:28,431 --> 00:38:30,891 Yeah. PTSD, I think, you know, a lot of people 592 00:38:31,017 --> 00:38:33,977 don't really pay attention to how that can factor in 593 00:38:34,103 --> 00:38:36,403 on somebody's reactive behavior. 594 00:38:36,523 --> 00:38:38,533 - It's like a shot of adrenaline. - Right. 595 00:38:38,650 --> 00:38:40,450 And we know what happens when adrenaline hits. 596 00:38:40,485 --> 00:38:42,735 Sometimes, I mean, you can't control it. 597 00:38:42,862 --> 00:38:45,572 You're just ready, ready to do what you need to do. 598 00:38:45,698 --> 00:38:47,238 If you're getting called by your mom 599 00:38:47,367 --> 00:38:50,367 to come protect the little girl, 600 00:38:50,537 --> 00:38:53,707 that's going to get him into immediate fight mode. 601 00:38:53,873 --> 00:38:57,883 But now you compound PTSD on top of that. Right? 602 00:38:58,002 --> 00:39:01,672 Now you got, like, a severe kind of fight protection mode, 603 00:39:01,840 --> 00:39:04,590 - that I would imagine that would occur to somebody. - Right. Right. 604 00:39:04,676 --> 00:39:08,846 I'm glad that he shot up in the air. Matter of fact. 605 00:39:09,013 --> 00:39:11,603 I definitely think it's an element of Brian's story 606 00:39:11,724 --> 00:39:14,024 that we want him to tell to the jury, 607 00:39:14,185 --> 00:39:16,475 and we want to make sure they understand 608 00:39:16,563 --> 00:39:19,773 - how that triggered his response that night. - Mm-hmm. 609 00:39:36,583 --> 00:39:38,463 If everything went our way, 610 00:39:38,543 --> 00:39:40,753 you know, for two days of testimony, 611 00:39:40,837 --> 00:39:43,837 maybe there's a situation where Brian doesn't have to testify. 612 00:39:43,965 --> 00:39:48,795 But the overwhelming likelihood is that we have to put him on the stand. 613 00:39:48,970 --> 00:39:51,200 If we're going to get the jury instruction on self-defense, 614 00:39:51,222 --> 00:39:52,812 - which we have to do... - Right. 615 00:39:52,891 --> 00:39:54,741 I don't see there's any way that we can't call him. 616 00:39:54,767 --> 00:39:57,647 - Right. - And he's got to sell it. 617 00:39:57,770 --> 00:40:00,270 What are your concerns about Brian testifying? 618 00:40:00,356 --> 00:40:02,646 My concerns about Brian testifying 619 00:40:02,734 --> 00:40:04,904 are that the jury, they think 620 00:40:05,028 --> 00:40:08,108 that he unnecessarily interjected himself 621 00:40:08,239 --> 00:40:10,069 into this situation and sort of... 622 00:40:11,576 --> 00:40:15,156 You know, played vigilante when the situation 623 00:40:15,288 --> 00:40:16,768 could have been handled by the police. 624 00:40:16,873 --> 00:40:18,173 And, 625 00:40:18,291 --> 00:40:20,881 I'm concerned, that in the heat of cross examination, 626 00:40:21,002 --> 00:40:23,922 he could get very combative and that could come across very poorly. 627 00:40:24,005 --> 00:40:25,165 Poorly for us as well. 628 00:40:25,340 --> 00:40:26,970 Yeah, he can't get combative. 629 00:40:27,091 --> 00:40:29,931 I think one thing that could be a useful exercise 630 00:40:30,011 --> 00:40:33,771 is if we tried to set up some sort of mock trial. 631 00:40:33,890 --> 00:40:37,640 - Yes. - Cross him a little bit and see how he responds to, 632 00:40:37,769 --> 00:40:39,689 you know, some hostile line of questioning. 633 00:40:39,854 --> 00:40:42,114 Kick his ass a little bit. See how he stands up. 634 00:40:42,190 --> 00:40:43,550 You'd definitely get him flustered. 635 00:40:43,650 --> 00:40:45,610 Yeah. Let's go ahead and do it. 636 00:41:04,003 --> 00:41:06,463 Brian, this is judge pask. He agreed to do this, 637 00:41:06,547 --> 00:41:08,427 - so we really appreciate that. - Appreciate it. 638 00:41:08,466 --> 00:41:11,296 - Harrison is going to be playing the role of the prosecutor. - Mm-hmm. 639 00:41:11,427 --> 00:41:13,427 All right, everybody, take your places. 640 00:41:13,513 --> 00:41:16,393 You never know how you're going to act in a fight until you're in a fight. 641 00:41:17,809 --> 00:41:19,979 And no one knows how they're going to act on the stand 642 00:41:20,103 --> 00:41:21,523 until they're up on the stand. 643 00:41:29,278 --> 00:41:31,718 Deric: Did you think your actions were reasonable that evening? 644 00:41:32,365 --> 00:41:34,325 Yes. 645 00:41:34,492 --> 00:41:37,912 The violence he showed towards his daughter, 646 00:41:38,037 --> 00:41:40,417 I believe that things had escalated to a point 647 00:41:40,540 --> 00:41:43,670 where he was no longer in control, emotionally. 648 00:41:45,837 --> 00:41:47,337 How much time do you think you have 649 00:41:47,463 --> 00:41:52,643 to defend yourself against somebody who's got a gun at their side? 650 00:41:52,802 --> 00:41:55,512 As much time as it takes my finger to go like that. 651 00:41:58,433 --> 00:42:01,103 So, Brian, the reason that you felt threatened 652 00:42:01,227 --> 00:42:04,807 was primarily due to what you knew about him before that night, 653 00:42:04,897 --> 00:42:07,477 not due to what he did on that night. Isn't that correct? 654 00:42:07,608 --> 00:42:08,608 I would say I was... 655 00:42:08,735 --> 00:42:10,145 Harrison: Yes or no? 656 00:42:10,319 --> 00:42:11,699 That's not a yes or no question. 657 00:42:15,742 --> 00:42:19,252 Is it fair to say that you have a bit of a cowboy mentality? 658 00:42:19,370 --> 00:42:22,000 You like to take the law into your own hands, don't you? 659 00:42:22,123 --> 00:42:24,043 Brian: No, I do not. 660 00:42:24,208 --> 00:42:26,478 Harrison: Brian, you're a volunteer fireman. Is that correct? 661 00:42:26,502 --> 00:42:27,632 Brian: I was at the time. 662 00:42:27,795 --> 00:42:30,335 So you understand that being a volunteer fireman, 663 00:42:30,506 --> 00:42:32,796 that doesn't give you the right 664 00:42:32,925 --> 00:42:35,255 to enforce the laws of that community, right? 665 00:42:35,386 --> 00:42:37,216 Yes. 666 00:42:37,346 --> 00:42:39,656 And you decided that you were going to take it upon yourself, Brian, 667 00:42:39,682 --> 00:42:44,152 to protect that girl by any means necessary, right? 668 00:42:44,562 --> 00:42:45,732 Correct. 669 00:42:48,816 --> 00:42:51,106 Why do you have that gun, Brian? 670 00:42:51,235 --> 00:42:53,445 Brian: My constitutional right to bear arms. 671 00:42:53,571 --> 00:42:54,661 Okay. 672 00:42:56,449 --> 00:42:58,579 Let's recount. You fired the gun. 673 00:42:59,452 --> 00:43:01,202 - Correct? - Correct. 674 00:43:01,329 --> 00:43:03,959 You lied to the police about having fired the gun. 675 00:43:04,082 --> 00:43:05,082 Brian: Correct. 676 00:43:07,335 --> 00:43:12,755 So, you repeatedly were making false statements to police that night, isn't that correct? 677 00:43:14,175 --> 00:43:15,175 Yes. 678 00:43:17,178 --> 00:43:18,568 Harrison: No further questions, your honor. 679 00:43:18,596 --> 00:43:20,306 Judge: Thank you. You may stand down. 680 00:43:23,017 --> 00:43:24,867 Harrison: I think there's a few things to clear up. 681 00:43:24,894 --> 00:43:27,944 Brian needs to be able to articulate the fact that 682 00:43:28,022 --> 00:43:31,282 this had just happened, this assault that he believed was legitimate. 683 00:43:31,359 --> 00:43:32,899 I think the answer of, 684 00:43:33,027 --> 00:43:35,487 it was not based on anything he did that night. 685 00:43:35,613 --> 00:43:37,673 - I think there's a better way to phrase that answer. - I agree. 686 00:43:37,698 --> 00:43:40,908 Judge: Just remember, don't give the state any more than they ask. 687 00:43:41,035 --> 00:43:42,035 Okay. 688 00:43:42,161 --> 00:43:44,411 Listen to them carefully 689 00:43:44,539 --> 00:43:46,209 and only respond to their question. 690 00:43:47,959 --> 00:43:49,269 Harrison: There are some things that he did that night 691 00:43:49,293 --> 00:43:51,923 that the prosecution is going to try to pick at. 692 00:43:52,004 --> 00:43:54,384 And there is a real chance that he could be convicted, 693 00:43:54,507 --> 00:43:57,967 and he needs to know, you know, he's looking at prison time if he does. 694 00:43:58,136 --> 00:43:59,796 So, the stakes are high. 695 00:44:11,524 --> 00:44:13,654 Deric: Here's a couple of things I want to talk about. 696 00:44:13,776 --> 00:44:16,146 When he asked why you had a gun, right? 697 00:44:16,320 --> 00:44:19,160 You said because it's my constitutional right. 698 00:44:19,240 --> 00:44:21,620 It sounds defiant. 699 00:44:21,701 --> 00:44:23,511 - I don't really like the way it came off. - Okay. 700 00:44:23,536 --> 00:44:25,636 Deric: Constitutional right is what allows you to have the gun, 701 00:44:25,663 --> 00:44:27,183 - it's not why you have it. - Brian: All right. 702 00:44:27,206 --> 00:44:30,286 Why you have it, is for self-defense. 703 00:44:30,418 --> 00:44:33,748 -I mean, they're not... It's not a target rifle, right? -Right. 704 00:44:33,838 --> 00:44:36,218 If you say anything different when you're on the stand, 705 00:44:36,340 --> 00:44:38,220 than you did when you made the police statement, 706 00:44:38,342 --> 00:44:39,992 you're gonna get impeached. Well, you said something different to the cops. 707 00:44:40,011 --> 00:44:41,611 So, you were lying then, or you're lying now. 708 00:44:41,637 --> 00:44:43,597 - Okay. - They wanna see your reactions. 709 00:44:43,723 --> 00:44:46,543 They're watching you, man, and they're seeing how you are responding to things. 710 00:44:46,559 --> 00:44:50,019 So what emotions are allowed and what aren't? 711 00:44:50,188 --> 00:44:51,358 You just gotta behave. 712 00:44:51,480 --> 00:44:52,820 You got to sit there and behave. 713 00:44:52,899 --> 00:44:54,419 Brian: Question is, if I'll be able to. 714 00:44:54,442 --> 00:44:55,652 You have to, man. 715 00:44:55,735 --> 00:44:57,565 Okay. I'm gonna practice. 716 00:44:57,695 --> 00:44:58,815 You are in trouble. 717 00:44:58,946 --> 00:45:01,486 You can stand your ground. 718 00:45:01,657 --> 00:45:03,527 I mean, you don't have to be ashamed, 719 00:45:03,659 --> 00:45:05,749 but you can't be cocky. 720 00:45:05,870 --> 00:45:08,000 These guys are trying to send you to prison, man. 721 00:45:08,080 --> 00:45:09,120 Okay. 722 00:45:24,847 --> 00:45:27,637 I've been wanting to do this for a while, 723 00:45:27,725 --> 00:45:29,225 and we just... I don't know. 724 00:45:29,352 --> 00:45:32,362 It sounds terrible that we were both just, kind of, 725 00:45:33,564 --> 00:45:35,484 lazy about going to get... 726 00:45:35,566 --> 00:45:37,236 Since we were planning all this 727 00:45:37,360 --> 00:45:40,700 because I think that's really the reason why it hadn't happened yet. 728 00:45:40,821 --> 00:45:44,951 And trial starting was just kind of that push of, 729 00:45:45,076 --> 00:45:46,826 "okay, let's just go do it." 730 00:45:48,788 --> 00:45:50,538 We've made it through everything, 731 00:45:50,665 --> 00:45:52,705 we've made it through so far. 732 00:45:52,875 --> 00:45:57,085 The rest of our life should go pretty smoothly. 733 00:45:57,171 --> 00:46:00,131 Because I would think that going to court 734 00:46:00,216 --> 00:46:03,886 and everything else, that would have killed most relationships. 735 00:46:04,011 --> 00:46:06,431 But, we're still standing, 736 00:46:06,555 --> 00:46:08,845 so there's at least some hope. 737 00:46:09,016 --> 00:46:12,096 If we can make it through that, we can make it through anything. 738 00:46:14,355 --> 00:46:15,895 (Phone ringing) 739 00:46:17,984 --> 00:46:19,194 What's going on, man? 740 00:46:28,411 --> 00:46:29,871 How did that go? 741 00:46:50,850 --> 00:46:53,230 No. It's not a win. It's not a win, deric. 742 00:46:57,356 --> 00:47:00,476 I want you to go back to him and explain to him... 743 00:47:00,609 --> 00:47:04,949 Okay, look, I've pretty much have been on probation two years as it is. 744 00:47:05,072 --> 00:47:07,372 Like, I'm over it. I've literally... 745 00:47:07,533 --> 00:47:08,993 Deric, I've been on probation. 746 00:47:23,424 --> 00:47:26,184 Deric: After a year and a half of being punished by his estimation, 747 00:47:26,302 --> 00:47:28,392 you know, now they want to offer this deal. 748 00:47:28,512 --> 00:47:30,512 I do this all the time. 749 00:47:30,681 --> 00:47:34,391 And, you know, you're here, actually listening to a client, how aggravating that is, 750 00:47:34,518 --> 00:47:35,898 yeah, I get it. I get it. 751 00:47:36,020 --> 00:47:37,610 But what I don't want him to do 752 00:47:37,688 --> 00:47:39,188 is make a decision based on anger. 753 00:47:47,365 --> 00:47:51,365 Well, I spoke to the two women in my life. 754 00:47:51,535 --> 00:47:55,575 I'm trying to explain to them that there's a whole lot more at stake 755 00:47:56,540 --> 00:47:57,540 than 756 00:47:59,502 --> 00:48:00,802 me. 757 00:48:00,878 --> 00:48:02,798 They're thinking of the kids, 758 00:48:02,922 --> 00:48:06,762 and me not being around if I lose this thing. 759 00:48:06,842 --> 00:48:08,492 And, you know, I'm thinking about the kids, too, 760 00:48:08,511 --> 00:48:10,971 but I'm thinking more about the kids than me not being around. 761 00:48:11,138 --> 00:48:13,058 What am I telling my children? 762 00:48:13,182 --> 00:48:16,102 I'm telling them that even if you do the right thing, 763 00:48:17,311 --> 00:48:19,361 it's okay if the system (bleep) You. 764 00:48:20,356 --> 00:48:21,726 I'm not gonna teach my kids that. 765 00:48:21,857 --> 00:48:23,087 I'm not going to be one of those parents. 766 00:48:23,109 --> 00:48:25,109 That's ridiculous, honestly. 767 00:48:41,127 --> 00:48:43,417 Well, what do you know. 768 00:48:43,504 --> 00:48:47,224 I sent an offer to him saying six months' probation on false report, 769 00:48:47,341 --> 00:48:48,941 and he just sent me back an email saying, 770 00:48:49,051 --> 00:48:50,641 "why don't we just do time served?" 771 00:48:50,803 --> 00:48:53,223 If he means what I think he means, 772 00:48:54,557 --> 00:48:55,557 that's a wrap. 773 00:48:57,435 --> 00:48:59,845 I gotta call Brian and say, "hey, what do you think?" 774 00:49:03,441 --> 00:49:04,441 (Phone ringing) 775 00:49:09,029 --> 00:49:10,279 Hey, what's going on, deric? 776 00:49:12,575 --> 00:49:13,575 Okay? 777 00:49:34,054 --> 00:49:35,764 So, they literally counter offered 778 00:49:35,848 --> 00:49:37,678 with a better offer is what you're saying? 779 00:49:54,450 --> 00:49:55,490 Okay. 780 00:49:57,411 --> 00:49:58,411 Well... 781 00:50:00,956 --> 00:50:03,206 I guess, tell him we accept. 782 00:50:10,174 --> 00:50:12,014 Deric: The prosecution probably got around 783 00:50:12,134 --> 00:50:14,804 to starting the interviews with these witnesses, 784 00:50:14,929 --> 00:50:18,269 and I think he realized that we were gonna kick his ass if we went to trial. 785 00:50:18,349 --> 00:50:20,199 But, at the same time, I'm not gonna fault the guy 786 00:50:20,226 --> 00:50:21,656 for doing the right thing and being reasonable. 787 00:50:21,685 --> 00:50:23,475 Harrison: No, of course. 788 00:50:23,562 --> 00:50:26,572 - Even if it took a little longer than I would have liked. - Of course not. 789 00:50:26,690 --> 00:50:28,610 All right, man. I'll see you. 790 00:50:28,734 --> 00:50:31,114 Harrison: I think this is justice in this case. 791 00:50:31,237 --> 00:50:33,107 This recognizes that, 792 00:50:33,239 --> 00:50:37,159 you know, "hey, Brian, maybe you could have done things a little bit differently, 793 00:50:37,284 --> 00:50:39,164 "but, also what you did, 794 00:50:39,286 --> 00:50:42,286 "does not rise to the level of a felony offense 795 00:50:42,373 --> 00:50:44,543 "that we're looking at an extended jail sentence for." 796 00:50:48,087 --> 00:50:50,207 Deric: The perfect victory is one without battle. 797 00:50:51,382 --> 00:50:52,382 So... 798 00:50:55,094 --> 00:50:56,224 We won. 799 00:51:00,224 --> 00:51:04,354 I'm heading up to my fiancee's work, 800 00:51:05,062 --> 00:51:06,272 because, 801 00:51:06,355 --> 00:51:08,975 I thought it to be way too good a news 802 00:51:09,066 --> 00:51:11,026 to deliver over the phone. 803 00:51:15,990 --> 00:51:17,580 Hey. 804 00:51:17,700 --> 00:51:19,120 It's done. It's over with. 805 00:51:19,201 --> 00:51:21,121 So, we don't even have to go to trial on Monday? 806 00:51:21,203 --> 00:51:22,623 - No, it's done. - Really? 807 00:51:22,746 --> 00:51:24,996 This will end tomorrow. 808 00:51:25,124 --> 00:51:28,294 Tomorrow, I'm going to go cross the t's and dot the i's and everything. 809 00:51:28,460 --> 00:51:30,460 So it's done? Like, "we're done" done? 810 00:51:30,546 --> 00:51:31,876 It's "done" done. 811 00:51:32,006 --> 00:51:33,916 - It's over. We did it. - That's good. 812 00:51:34,008 --> 00:51:35,628 See? It's done. 813 00:51:35,801 --> 00:51:37,551 - I can't believe it. - Yeah. 814 00:51:40,180 --> 00:51:42,020 Briee: It's the best feeling in the world. 815 00:51:43,642 --> 00:51:45,062 He's not going anywhere. 816 00:51:45,185 --> 00:51:46,265 (Voice shaking) He's home. 817 00:51:50,107 --> 00:51:51,187 (Exhales) 818 00:51:52,818 --> 00:51:54,648 The boys don't lose him, 819 00:51:54,737 --> 00:51:56,067 I don't lose him. 820 00:51:56,864 --> 00:51:58,324 We get to keep our life. 821 00:52:00,034 --> 00:52:02,044 Um... 822 00:52:02,161 --> 00:52:04,831 We get to plan, like, a normal life. 823 00:52:15,174 --> 00:52:17,934 She will always be somebody who's too good for me. 824 00:52:18,052 --> 00:52:21,602 But I will spend every day the rest of my life trying to be good enough for her. 825 00:52:23,349 --> 00:52:27,139 Woman: Today, we gather to lift briee and Brian 826 00:52:27,269 --> 00:52:30,309 of their celebration of everlasting love. 827 00:52:30,439 --> 00:52:32,359 Briee: Now this gets to not just be our wedding, 828 00:52:32,483 --> 00:52:34,533 it's like a celebration of freedom. 829 00:52:34,652 --> 00:52:36,362 Woman: By the power vested in me, 830 00:52:36,487 --> 00:52:40,777 I pronounce you Mrs. And Mr. Lapsys. 831 00:52:40,866 --> 00:52:42,236 You can kiss your bride. 832 00:52:43,911 --> 00:52:45,121 (All cheering) 833 00:52:47,373 --> 00:52:49,013 Brian: All right, let's cook some fajitas!