1 00:00:09,094 --> 00:00:10,428 (Man speaking over radio) 2 00:00:15,183 --> 00:00:16,268 (Police siren wailing) 3 00:00:34,911 --> 00:00:36,162 Officer: Hey! Hey! 4 00:00:46,298 --> 00:00:47,778 (Man speaking indistinctly over radio) 5 00:00:58,977 --> 00:01:02,188 Michelle: Brian had one thing on his mind that night, 6 00:01:02,272 --> 00:01:05,442 to protect that 12-year old-girl. 7 00:01:05,567 --> 00:01:09,070 The one person who had no obligation to her at all, 8 00:01:10,280 --> 00:01:11,448 is the one that got punished. 9 00:01:13,158 --> 00:01:15,035 I do not regret a thing I did, 10 00:01:15,118 --> 00:01:16,679 regardless of the fact that I could spend 11 00:01:16,703 --> 00:01:18,747 up to the next 20 years in freaking prison. 12 00:01:24,252 --> 00:01:27,589 If people had known what I have lived through, 13 00:01:27,714 --> 00:01:30,717 they would understand and would have reacted the same way I did. 14 00:01:58,703 --> 00:02:01,039 Deric walpole: Brian is charged with aggravated assault, 15 00:02:01,206 --> 00:02:03,416 which carries up to 20 years in prison, 16 00:02:03,583 --> 00:02:07,837 as a felony and up to a $10,000 fine. 17 00:02:07,921 --> 00:02:12,634 It basically involves my client defending a small child. 18 00:02:14,678 --> 00:02:16,096 The law is, 19 00:02:16,221 --> 00:02:19,516 if you intentionally, knowingly or recklessly threaten someone, 20 00:02:19,683 --> 00:02:21,619 with serious bodily injury and you exhibited a deadly weapon, 21 00:02:21,643 --> 00:02:23,186 you're guilty of aggravated assault. 22 00:02:23,311 --> 00:02:24,471 That's the letter of the law. 23 00:02:26,606 --> 00:02:29,275 The letter of the law is also, that you can use 24 00:02:29,401 --> 00:02:31,069 a reasonable amount of force necessary 25 00:02:31,194 --> 00:02:34,406 to defend yourself from an unlawful imminent attack from another. 26 00:02:36,116 --> 00:02:38,118 Right now, his life is in my hands. 27 00:02:38,243 --> 00:02:40,537 And, I've gotta be careful with it. 28 00:02:45,375 --> 00:02:48,503 Brian is 29 years old. He's a welder. 29 00:02:48,586 --> 00:02:50,338 He's got a 6-month-old baby. 30 00:02:50,463 --> 00:02:52,924 He's got an 11-year-old stepson that he needs to take care of 31 00:02:53,049 --> 00:02:57,011 and he could be separated from them for a very long time. 32 00:02:57,137 --> 00:03:00,181 I want him to come in today and really give the story to me in detail, 33 00:03:00,265 --> 00:03:02,684 because, we got to get it right. 34 00:03:06,104 --> 00:03:07,384 - How is it going? - How are you? 35 00:03:07,522 --> 00:03:09,402 - Pretty good, how are you? - Good. Have a seat. 36 00:03:13,027 --> 00:03:14,863 All right, so, 37 00:03:14,988 --> 00:03:17,949 I want you to tell me the story from the beginning. 38 00:03:18,074 --> 00:03:21,077 Okay. Well, I was 39 00:03:21,202 --> 00:03:23,037 at a friend's house across the street 40 00:03:23,163 --> 00:03:26,249 from where everything occurred. 41 00:03:26,374 --> 00:03:28,918 I received a text that a neighbor of ours 42 00:03:29,002 --> 00:03:31,421 had beaten his daughter, 43 00:03:32,797 --> 00:03:34,549 and that she had ran 44 00:03:34,674 --> 00:03:37,844 to our house at the time, for refuge. 45 00:03:39,179 --> 00:03:41,973 And that they had contacted the police. 46 00:03:42,098 --> 00:03:43,534 - Deric: Was it dark yet? - Brian: Yes. 47 00:03:43,558 --> 00:03:45,310 - Deric: How dark is it? - Pitch black. 48 00:03:45,393 --> 00:03:47,520 All right. What was your thought process? 49 00:03:47,645 --> 00:03:50,565 The few times I had met this guy, 50 00:03:50,690 --> 00:03:51,816 it was... 51 00:03:51,941 --> 00:03:53,651 He was drunk with an ar-15, 52 00:03:53,777 --> 00:03:57,238 and I wanted to have an equal amount of firepower as he did. 53 00:03:58,198 --> 00:04:00,116 I went to the garage, 54 00:04:00,241 --> 00:04:03,912 and got an ak-47 which was in the garage. 55 00:04:05,997 --> 00:04:09,876 About 20 minutes later, I saw him coming up the road. 56 00:04:10,043 --> 00:04:12,670 But when he pulled up his truck and he got out, 57 00:04:12,796 --> 00:04:15,715 I couldn't see his hands, couldn't make out if he had a weapon or not. 58 00:04:15,882 --> 00:04:18,843 And I was screaming at him from the top of my lungs. 59 00:04:19,010 --> 00:04:21,513 "Stay back, stay back. Stay off the property." 60 00:04:22,847 --> 00:04:25,683 And, as soon as he walked 61 00:04:25,809 --> 00:04:28,520 about four feet onto the property 62 00:04:28,645 --> 00:04:33,024 I aimed the gun 45-degree angle in his direction, 63 00:04:33,149 --> 00:04:34,400 and I discharged two rounds. 64 00:04:35,985 --> 00:04:39,572 The second those two rounds were discharged, 65 00:04:39,739 --> 00:04:42,059 the cops come flying around the corner with their lights on. 66 00:04:44,160 --> 00:04:45,995 The cop got out of his car, 67 00:04:46,079 --> 00:04:49,290 and he's asking, "who has the gun? Who has the gun?" 68 00:04:49,415 --> 00:04:50,959 This is when I made my mistake. 69 00:04:55,505 --> 00:04:57,882 I told that cop that he had the gun, 70 00:04:59,175 --> 00:05:00,593 and that he shot the rounds. 71 00:05:02,095 --> 00:05:03,346 And that I didn't have a gun. 72 00:05:03,513 --> 00:05:05,723 - That was a mistake. - That was a mistake. 73 00:05:05,890 --> 00:05:07,016 Why did you do that? 74 00:05:07,100 --> 00:05:10,144 I was almost sure of myself that he had a gun, 75 00:05:10,270 --> 00:05:13,022 and that they would find that gun and hopefully just take his gun. 76 00:05:13,106 --> 00:05:16,025 Yeah, what did you think the odds were at that point that he had a gun? 77 00:05:16,150 --> 00:05:17,777 Oh, I was 100% positive. 78 00:05:19,195 --> 00:05:20,572 I mean, yeah, we got some... 79 00:05:21,573 --> 00:05:23,700 - We've got some problems. - Okay. 80 00:05:23,867 --> 00:05:25,947 You know, you lied to the police. That's the main one. 81 00:05:26,744 --> 00:05:28,037 So, the cop mirandizes you. 82 00:05:32,375 --> 00:05:33,585 You're telling the story. 83 00:05:33,710 --> 00:05:35,270 Brian: Yeah, I told him the whole story. 84 00:05:35,378 --> 00:05:37,046 I was telling the truth this time. 85 00:05:47,181 --> 00:05:50,393 So the police officer walks over to the other police officers 86 00:05:50,518 --> 00:05:52,770 and says, "he tells me the guy got out of his car, 87 00:05:52,896 --> 00:05:54,689 "pointed the gun at him, he turned around, 88 00:05:54,814 --> 00:05:57,209 "and when the guy was getting back to his car, he fired the shots." 89 00:05:57,233 --> 00:06:00,111 After just having talked to you. 90 00:06:00,236 --> 00:06:02,864 And that's when they say, "well, that's not self-defense." 91 00:06:02,947 --> 00:06:03,947 "That's... 92 00:06:04,699 --> 00:06:06,034 "That's aggravated assault." 93 00:06:08,411 --> 00:06:09,871 So it's pretty serious. 94 00:06:09,954 --> 00:06:13,041 It's the same level offense as sexual assault, robbery. 95 00:06:14,417 --> 00:06:15,960 I mean, it's bad. 96 00:06:16,044 --> 00:06:17,938 The only thing that's worse than that is a first degree felony, 97 00:06:17,962 --> 00:06:19,631 - which is murder. - Murder. 98 00:06:22,634 --> 00:06:24,028 Deric: Some people just don't get involved. 99 00:06:24,052 --> 00:06:26,012 Brian is not like that. Brian does get involved. 100 00:06:26,137 --> 00:06:27,388 He's a protector. 101 00:06:27,513 --> 00:06:29,182 He's also a volunteer firefighter. 102 00:06:29,307 --> 00:06:31,684 It's hero stuff, man. He wants to help people out. 103 00:06:31,851 --> 00:06:33,770 And if it's dangerous, that's fine. 104 00:06:33,895 --> 00:06:36,397 I'll put myself in danger to help other people out 105 00:06:37,273 --> 00:06:39,025 with little or no credit for it. 106 00:06:39,150 --> 00:06:40,777 And in this position, 107 00:06:40,902 --> 00:06:44,072 not only did he get little or no credit for, 108 00:06:44,197 --> 00:06:46,783 he ended up with a felony arrest 109 00:06:46,908 --> 00:06:48,785 and looking at two to 20 years in prison. 110 00:07:10,098 --> 00:07:14,560 I am on my way to pick up my youngest, Bentley, from daycare. 111 00:07:16,062 --> 00:07:17,981 I love being a dad. 112 00:07:18,064 --> 00:07:20,441 It's a little agonizing at times, but, 113 00:07:20,566 --> 00:07:21,943 most of the time it's pretty good. 114 00:07:23,236 --> 00:07:24,529 My fiancee, 115 00:07:24,696 --> 00:07:27,156 she works nights mostly, 116 00:07:27,240 --> 00:07:28,408 and I work days. 117 00:07:28,533 --> 00:07:30,743 So, she takes him to daycare, 118 00:07:30,868 --> 00:07:32,996 and I got to pick him up from daycare. 119 00:07:48,761 --> 00:07:51,681 Check it out! There you go! 120 00:07:51,764 --> 00:07:54,934 Brian: I was a volunteer fireman for almost two years. 121 00:07:55,059 --> 00:07:59,105 Responding to both medical and emergency calls. 122 00:08:00,314 --> 00:08:01,607 That was a big part of my life. 123 00:08:02,692 --> 00:08:04,694 That, right there, 124 00:08:04,819 --> 00:08:06,821 I was about to head into that house. 125 00:08:07,613 --> 00:08:08,990 That's me, 126 00:08:09,073 --> 00:08:11,826 during that fire. 127 00:08:11,909 --> 00:08:14,037 Yeah, I did have friends in the department, for sure, 128 00:08:14,203 --> 00:08:18,499 but, yeah, it was mainly the excitement, getting to help people. 129 00:08:18,624 --> 00:08:20,835 So, getting to be 130 00:08:21,669 --> 00:08:23,463 that ingrained in the community. 131 00:08:25,048 --> 00:08:26,591 It's a calling, you know. 132 00:08:26,716 --> 00:08:31,137 Our lives will be put below the lives we're trying to save. 133 00:08:33,347 --> 00:08:34,515 Good memories. 134 00:08:34,640 --> 00:08:36,225 - Good memories. - Bentley: Dada! 135 00:08:39,145 --> 00:08:40,521 As soon as this case hit, 136 00:08:40,605 --> 00:08:42,440 I wasn't allowed to do it anymore. 137 00:08:42,565 --> 00:08:45,485 I was placed on suspension. 138 00:08:45,610 --> 00:08:48,196 One moment, the entire community is looking up to you, 139 00:08:48,321 --> 00:08:50,907 and the next moment, you're looked at as a villain. 140 00:08:53,201 --> 00:08:55,787 If I wasn't that person, I'd have never... 141 00:08:55,912 --> 00:08:57,747 I'd have never gone to help 142 00:08:58,414 --> 00:08:59,624 that night. 143 00:09:15,890 --> 00:09:17,391 Deric: It is a really pretty day. 144 00:09:17,517 --> 00:09:19,519 And I'm going to interview Michelle, 145 00:09:20,353 --> 00:09:21,687 who's Brian's biological mother. 146 00:09:35,159 --> 00:09:37,870 When she's relaying the events to the jury, 147 00:09:38,037 --> 00:09:40,957 she needs to relay them to the jury in a way 148 00:09:41,082 --> 00:09:44,335 that, kind of, puts them in the same frame of mind that Brian was in. 149 00:09:44,460 --> 00:09:48,131 Because, that night, she sold the little girl's story to Brian, 150 00:09:48,214 --> 00:09:50,424 to where Brian was actually willing to pick up a gun 151 00:09:50,550 --> 00:09:52,030 and actually discharge it at somebody. 152 00:09:54,554 --> 00:09:56,764 I need to have the jury believe 153 00:09:56,889 --> 00:09:58,850 the same thing that Brian believed that evening. 154 00:10:06,774 --> 00:10:09,277 I got a call from my pastor, pastor Phil. 155 00:10:10,528 --> 00:10:13,698 And he told me that one of my youth 156 00:10:13,823 --> 00:10:16,367 had called him. 157 00:10:16,492 --> 00:10:19,704 Twelve-year-old girl who also happens to be my neighbor. 158 00:10:19,829 --> 00:10:23,374 She said that her dad had laid his hands on her, 159 00:10:23,499 --> 00:10:26,252 and that there were marks. 160 00:10:26,377 --> 00:10:29,505 I went over there and the girl was standing in her kitchen crying, sobbing. 161 00:10:29,630 --> 00:10:32,550 Her face was red, her neck was red. 162 00:10:32,675 --> 00:10:33,968 And she proceeded to tell me 163 00:10:34,051 --> 00:10:36,262 that her and her dad had gotten in a fight. 164 00:10:38,139 --> 00:10:40,600 That he had his hands around her neck. 165 00:10:40,725 --> 00:10:42,894 She said he tried to choke her, 166 00:10:43,019 --> 00:10:45,688 so I brought her back to my house. 167 00:10:45,855 --> 00:10:47,857 So, you are of the opinion that he could show up 168 00:10:47,982 --> 00:10:49,108 and cause some serious harm. 169 00:10:49,233 --> 00:10:50,359 Yeah. 170 00:10:50,484 --> 00:10:52,486 - And then Brian comes over. - Yes. 171 00:10:52,570 --> 00:10:54,250 And you tell him in person what's going on. 172 00:10:54,280 --> 00:10:56,532 Yeah, and I had opened the door and he said, 173 00:10:56,699 --> 00:10:58,201 "just go back inside for right now. 174 00:10:58,367 --> 00:11:00,203 "Go take care of the girl." 175 00:11:00,369 --> 00:11:02,288 And so I did. 176 00:11:02,413 --> 00:11:04,790 Did you see Brian standing out there with the gun? 177 00:11:04,916 --> 00:11:05,750 Yes. 178 00:11:05,875 --> 00:11:07,668 What were your thoughts on that? 179 00:11:07,752 --> 00:11:10,046 - Um... - Necessary, unnecessary? 180 00:11:10,171 --> 00:11:12,649 There were so many thoughts running through my head at that point. 181 00:11:12,673 --> 00:11:14,342 Oh, absolutely necessary. 182 00:11:14,508 --> 00:11:15,927 Absolutely necessary. 183 00:11:17,178 --> 00:11:19,222 Okay. Were Brian's actions reasonable? 184 00:11:19,388 --> 00:11:20,932 - Yes! - Okay. 185 00:11:21,057 --> 00:11:22,683 What's the next thing you know happens? 186 00:11:22,767 --> 00:11:24,644 I heard, I think, 187 00:11:25,228 --> 00:11:26,228 two gunshots. 188 00:11:26,979 --> 00:11:29,315 You hear the gunshots, 189 00:11:29,440 --> 00:11:31,525 you see the headlights from the police come up? 190 00:11:31,692 --> 00:11:32,860 What happens next? 191 00:11:32,985 --> 00:11:34,654 Brian was yelling. I was yelling. 192 00:11:34,737 --> 00:11:36,447 The police officer came over 193 00:11:36,572 --> 00:11:39,867 and asked where the gunshot came from. 194 00:11:39,951 --> 00:11:41,711 He had no idea where the shots had come from. 195 00:11:41,786 --> 00:11:43,788 He didn't know anything that was going on. 196 00:11:43,913 --> 00:11:45,673 You know, you can only do the best you can do 197 00:11:45,706 --> 00:11:46,934 with what you have at the time. 198 00:11:46,958 --> 00:11:49,210 And I firmly believe that is what Brian did. 199 00:11:49,335 --> 00:11:51,712 Okay. All right. Well, thank you for having me in your home. 200 00:11:51,837 --> 00:11:52,922 No problem. 201 00:11:54,507 --> 00:11:57,385 Michelle: Brian had one thing on his mind that night 202 00:11:57,510 --> 00:12:01,514 and that was to protect that 12-year-old girl. 203 00:12:01,597 --> 00:12:03,867 I should say I've done more praying in the last year and a half 204 00:12:03,891 --> 00:12:05,851 than I ever have in my entire life. 205 00:12:07,228 --> 00:12:10,231 Brian has a family that depends on him. 206 00:12:10,773 --> 00:12:11,983 And... 207 00:12:12,775 --> 00:12:14,902 (Scoffs) 208 00:12:15,027 --> 00:12:18,387 What kind of system is that that would send away someone who tried to protect a child? 209 00:12:25,371 --> 00:12:28,165 Deric: The plan for today is to go meet with my trial partner 210 00:12:28,249 --> 00:12:30,334 and discuss what we have to do next. 211 00:12:34,755 --> 00:12:38,843 How would you say we want to portray Brian? 212 00:12:38,968 --> 00:12:42,179 Do we want it, like, hey, we would hope 213 00:12:42,305 --> 00:12:45,599 anyone would do this if, you know, he's protecting his child. 214 00:12:45,725 --> 00:12:47,310 He made, you know, 215 00:12:47,435 --> 00:12:49,288 what he thought was the right decision under the circumstances, 216 00:12:49,312 --> 00:12:52,315 and he should be commended for doing what he did to protect a child. 217 00:12:52,398 --> 00:12:53,858 I mean, I can sell it. 218 00:12:53,983 --> 00:12:57,111 Or is it more like, listen, you know, 219 00:12:57,236 --> 00:12:58,779 Brian went a little off the rails here. 220 00:12:59,572 --> 00:13:00,781 You know what? 221 00:13:01,490 --> 00:13:02,908 I say he's a hero. 222 00:13:16,756 --> 00:13:20,301 November 3rd, 2016. 223 00:13:21,677 --> 00:13:24,722 Two individuals broke into my apartment. 224 00:13:24,889 --> 00:13:27,099 They had picked the locks and came in, 225 00:13:27,224 --> 00:13:30,019 and woke up with the gun in my face. 226 00:13:31,062 --> 00:13:33,981 I went to grappling with that guy. 227 00:13:34,065 --> 00:13:35,358 And as I was struggling, 228 00:13:35,524 --> 00:13:37,151 that's when I heard, um, 229 00:13:38,194 --> 00:13:41,906 you know, "pop-pop" from behind me. 230 00:13:42,073 --> 00:13:45,034 I took the first hit in the back of the shoulder, 231 00:13:45,117 --> 00:13:47,995 and it came out the top of my shoulder. 232 00:13:48,079 --> 00:13:50,289 And then I took a gunshot to my arm. 233 00:13:51,415 --> 00:13:53,334 When the bullet hit, 234 00:13:53,459 --> 00:13:56,499 it detached a piece of my humerus, about this big and completely separated it. 235 00:13:58,047 --> 00:14:00,132 And I ran right for the door of the apartment, 236 00:14:00,257 --> 00:14:01,967 and as I was leaving, I took another hit 237 00:14:02,051 --> 00:14:04,887 in the lower waist, to my right side. 238 00:14:06,138 --> 00:14:09,308 Psychologically, it had a tremendous impact, 239 00:14:09,433 --> 00:14:11,852 and a lot of people have asked the question, 240 00:14:11,936 --> 00:14:14,230 you know, how do you feel about guns after being shot? 241 00:14:16,399 --> 00:14:18,567 Well, I feel 242 00:14:18,692 --> 00:14:21,987 the more of the need to own them now than I ever did before. 243 00:14:40,339 --> 00:14:43,175 Briee and I, we were introduced by my mother 244 00:14:43,300 --> 00:14:45,970 a week after the incident happened. 245 00:14:46,095 --> 00:14:50,850 And, three weeks before that, she had lost her husband. 246 00:14:51,016 --> 00:14:55,187 Briee: The first day we actually met, I had a leaking water pipe. (Chuckles) 247 00:14:55,354 --> 00:14:59,191 And he came over and he made it so much worse. 248 00:14:59,358 --> 00:15:03,779 But he felt like home when I was around him. 249 00:15:03,904 --> 00:15:05,132 We were both at points in our life 250 00:15:05,156 --> 00:15:07,324 where we didn't want anything serious. 251 00:15:07,408 --> 00:15:09,702 We weren't looking for anything serious. 252 00:15:09,827 --> 00:15:12,872 We were just going to help each other get through our situations as friends. 253 00:15:12,955 --> 00:15:17,251 And, that turned very quickly into dating. 254 00:15:17,418 --> 00:15:20,045 And then, months later, I was proposing to her 255 00:15:20,212 --> 00:15:21,964 because I just knew she was the one. 256 00:15:24,133 --> 00:15:28,512 Briee: He is a good protector of the family. 257 00:15:28,637 --> 00:15:32,308 I'm almost positive he has PTSD from the home invasion. 258 00:15:34,059 --> 00:15:36,020 He goes on, like, high-alert. 259 00:15:36,103 --> 00:15:38,314 Like, he is on edge. 260 00:15:38,439 --> 00:15:39,439 He is... 261 00:15:40,232 --> 00:15:42,193 You know, he's ready for the worst. 262 00:15:59,251 --> 00:16:01,754 Deric: We've got the bodycam videos. 263 00:16:01,879 --> 00:16:03,881 This is going to be played during the trial 264 00:16:04,048 --> 00:16:05,688 and Brian is going to be questioned on it. 265 00:16:05,799 --> 00:16:07,676 So, doing that now, 266 00:16:07,843 --> 00:16:09,203 is going to make us better prepared 267 00:16:09,303 --> 00:16:11,143 for when we're actually sitting in a courtroom. 268 00:16:17,144 --> 00:16:19,480 - How's it going, deric? - Deric: It's going pretty well. 269 00:16:25,736 --> 00:16:27,616 All right, so, I wanted you to listen this part. 270 00:16:48,384 --> 00:16:49,385 Good answer. 271 00:16:51,011 --> 00:16:52,638 You're just saying, "I didn't know." 272 00:17:15,411 --> 00:17:18,247 You do a good enough job telling your story 273 00:17:18,414 --> 00:17:21,292 to where I really wouldn't have you tell it any differently, 274 00:17:21,959 --> 00:17:23,460 if you were on the stand. 275 00:17:31,260 --> 00:17:34,430 Deric: All right. So, here's his account of what happened. 276 00:17:58,704 --> 00:18:00,864 Deric: All right, that's what she accused him of doing, 277 00:18:00,914 --> 00:18:02,207 grabbing her by the ears. 278 00:18:16,847 --> 00:18:17,847 Officer: Okay. 279 00:18:32,655 --> 00:18:35,255 I mean, that's important. "I was going to go straight to the door." 280 00:18:50,506 --> 00:18:52,508 He's admitting, still advancing 281 00:18:54,218 --> 00:18:56,178 while you're telling him 282 00:18:56,303 --> 00:18:57,743 to get off the property and not move. 283 00:18:58,347 --> 00:18:59,348 Going towards the door. 284 00:18:59,515 --> 00:19:02,184 The gun was pointed at him. 285 00:19:02,309 --> 00:19:04,853 It wasn't pointed at him the whole time, 286 00:19:04,978 --> 00:19:08,649 but it was rested to a point where all I had to do was... 287 00:19:09,942 --> 00:19:17,942 That. 288 00:19:18,534 --> 00:19:20,035 Deric: It is a really pretty day. 289 00:19:20,160 --> 00:19:22,162 And I'm going to interview Michelle, 290 00:19:22,996 --> 00:19:24,289 who's Brian's biological mother. 291 00:19:37,761 --> 00:19:40,514 When she's relaying the events to the jury, 292 00:19:40,597 --> 00:19:43,642 she needs to relay them to the jury in a way 293 00:19:43,726 --> 00:19:46,979 that, kind of, puts them in the same frame of mind that Brian was in. 294 00:19:47,104 --> 00:19:50,816 Because, that night, she sold the little girl's story to Brian, 295 00:19:50,941 --> 00:19:53,068 to where Brian was actually willing to pick up a gun 296 00:19:53,193 --> 00:19:54,673 and actually discharge it at somebody. 297 00:19:57,239 --> 00:19:59,533 I need to have the jury believe 298 00:19:59,658 --> 00:20:01,498 the same thing that Brian believed that evening. 299 00:20:09,418 --> 00:20:11,837 I got a call from my pastor, pastor Phil. 300 00:20:13,130 --> 00:20:16,508 And he told me that one of my youth 301 00:20:16,633 --> 00:20:18,927 had called him. 302 00:20:19,052 --> 00:20:22,347 Twelve-year-old girl who also happens to be my neighbor. 303 00:20:22,473 --> 00:20:26,018 She said that her dad had laid his hands on her, 304 00:20:26,101 --> 00:20:28,896 and that there were marks. 305 00:20:29,021 --> 00:20:32,232 I went over there and the girl was standing in her kitchen crying, sobbing. 306 00:20:32,399 --> 00:20:35,194 Her face was red, her neck was red. 307 00:20:35,277 --> 00:20:36,570 And she proceeded to tell me 308 00:20:36,737 --> 00:20:38,906 that her and her dad had gotten in a fight. 309 00:20:40,783 --> 00:20:43,327 That he had his hands around her neck. 310 00:20:43,410 --> 00:20:45,537 She said he tried to choke her, 311 00:20:45,704 --> 00:20:48,415 so I brought her back to my house. 312 00:20:48,540 --> 00:20:50,501 So, you are of the opinion that he could show up 313 00:20:50,584 --> 00:20:51,794 and cause some serious harm. 314 00:20:51,919 --> 00:20:52,961 Yeah. 315 00:20:53,045 --> 00:20:55,130 - And then Brian comes over. - Yes. 316 00:20:55,214 --> 00:20:56,858 And you tell him in person what's going on. 317 00:20:56,882 --> 00:20:59,218 Yeah, and I had opened the door and he said, 318 00:20:59,343 --> 00:21:00,844 "just go back inside for right now. 319 00:21:00,969 --> 00:21:02,846 "Go take care of the girl." 320 00:21:02,930 --> 00:21:04,890 And so I did. 321 00:21:05,015 --> 00:21:07,392 Did you see Brian standing out there with the gun? 322 00:21:07,518 --> 00:21:08,352 Yes. 323 00:21:08,477 --> 00:21:10,229 What were your thoughts on that? 324 00:21:10,395 --> 00:21:12,689 - Um... - Necessary, unnecessary? 325 00:21:12,856 --> 00:21:15,210 There were so many thoughts running through my head at that point. 326 00:21:15,234 --> 00:21:17,069 Oh, absolutely necessary. 327 00:21:17,194 --> 00:21:18,529 Absolutely necessary. 328 00:21:19,863 --> 00:21:21,865 Okay. Were Brian's actions reasonable? 329 00:21:21,949 --> 00:21:23,659 - Yes! - Okay. 330 00:21:23,742 --> 00:21:25,369 What's the next thing you know happens? 331 00:21:25,494 --> 00:21:27,287 I heard, I think, 332 00:21:27,871 --> 00:21:28,871 two gunshots. 333 00:21:29,581 --> 00:21:32,209 You hear the gunshots, 334 00:21:32,292 --> 00:21:34,169 you see the headlights from the police come up? 335 00:21:34,294 --> 00:21:35,462 What happens next? 336 00:21:35,587 --> 00:21:37,214 Brian was yelling. I was yelling. 337 00:21:37,339 --> 00:21:39,007 The police officer came over 338 00:21:39,132 --> 00:21:42,469 and asked where the gunshot came from. 339 00:21:42,553 --> 00:21:44,346 He had no idea where the shots had come from. 340 00:21:44,471 --> 00:21:46,473 He didn't know anything that was going on. 341 00:21:46,557 --> 00:21:48,284 You know, you can only do the best you can do 342 00:21:48,308 --> 00:21:49,536 with what you have at the time. 343 00:21:49,560 --> 00:21:51,770 And I firmly believe that is what Brian did. 344 00:21:51,895 --> 00:21:54,565 Okay. All right. Well, thank you for having me in your home. 345 00:21:54,731 --> 00:21:55,731 No problem. 346 00:21:57,192 --> 00:22:00,028 Michelle: Brian had one thing on his mind that night 347 00:22:00,153 --> 00:22:04,074 and that was to protect that 12-year-old girl. 348 00:22:04,241 --> 00:22:06,469 I should say I've done more praying in the last year and a half 349 00:22:06,493 --> 00:22:08,453 than I ever have in my entire life. 350 00:22:09,913 --> 00:22:12,875 Brian has a family that depends on him. 351 00:22:13,625 --> 00:22:14,625 And... 352 00:22:15,586 --> 00:22:17,546 (Scoffs) 353 00:22:17,671 --> 00:22:21,031 What kind of system is that that would send away someone who tried to protect a child? 354 00:22:27,973 --> 00:22:30,726 Deric: The plan for today is to go meet with my trial partner 355 00:22:30,893 --> 00:22:32,978 and discuss what we have to do next. 356 00:22:37,399 --> 00:22:41,486 How would you say we want to portray Brian? 357 00:22:41,570 --> 00:22:44,865 Do we want it, like, hey, we would hope 358 00:22:44,948 --> 00:22:48,327 anyone would do this if, you know, he's protecting his child. 359 00:22:48,410 --> 00:22:49,995 He made, you know, 360 00:22:50,078 --> 00:22:51,931 what he thought was the right decision under the circumstances, 361 00:22:51,955 --> 00:22:54,917 and he should be commended for doing what he did to protect a child. 362 00:22:55,083 --> 00:22:56,543 I mean, I can sell it. 363 00:22:56,668 --> 00:22:59,671 Or is it more like, listen, you know, 364 00:22:59,838 --> 00:23:01,423 Brian went a little off the rails here. 365 00:23:02,215 --> 00:23:03,342 You know what? 366 00:23:04,134 --> 00:23:05,469 I say he's a hero. 367 00:23:18,398 --> 00:23:21,902 November 3rd, 2016. 368 00:23:23,320 --> 00:23:26,365 Two individuals broke into my apartment. 369 00:23:26,490 --> 00:23:28,742 They had picked the locks and came in, 370 00:23:28,867 --> 00:23:31,620 and woke up with the gun in my face. 371 00:23:32,704 --> 00:23:35,582 I went to grappling with that guy. 372 00:23:35,707 --> 00:23:36,959 And as I was struggling, 373 00:23:37,084 --> 00:23:38,794 that's when I heard, um, 374 00:23:39,795 --> 00:23:43,507 you know, "pop-pop" from behind me. 375 00:23:43,632 --> 00:23:46,635 I took the first hit in the back of the shoulder, 376 00:23:46,718 --> 00:23:49,596 and it came out the top of my shoulder. 377 00:23:49,721 --> 00:23:51,890 And then I took a gunshot to my arm. 378 00:23:52,975 --> 00:23:54,893 When the bullet hit, 379 00:23:55,060 --> 00:23:58,100 it detached a piece of my humerus, about this big and completely separated it. 380 00:23:59,690 --> 00:24:01,775 And I ran right for the door of the apartment, 381 00:24:01,900 --> 00:24:03,527 and as I was leaving, I took another hit 382 00:24:03,652 --> 00:24:06,488 in the lower waist, to my right side. 383 00:24:07,781 --> 00:24:10,951 Psychologically, it had a tremendous impact, 384 00:24:11,076 --> 00:24:13,495 and a lot of people have asked the question, 385 00:24:13,578 --> 00:24:15,872 you know, how do you feel about guns after being shot? 386 00:24:18,000 --> 00:24:20,168 Well, I feel 387 00:24:20,293 --> 00:24:23,547 the more of the need to own them now than I ever did before. 388 00:24:41,982 --> 00:24:44,735 Briee and I, we were introduced by my mother 389 00:24:44,901 --> 00:24:47,529 a week after the incident happened. 390 00:24:47,696 --> 00:24:52,492 And, three weeks before that, she had lost her husband. 391 00:24:52,617 --> 00:24:56,788 Briee: The first day we actually met, I had a leaking water pipe. (Chuckles) 392 00:24:56,913 --> 00:25:00,876 And he came over and he made it so much worse. 393 00:25:01,001 --> 00:25:05,338 But he felt like home when I was around him. 394 00:25:05,505 --> 00:25:06,733 We were both at points in our life 395 00:25:06,757 --> 00:25:08,925 where we didn't want anything serious. 396 00:25:09,051 --> 00:25:11,344 We weren't looking for anything serious. 397 00:25:11,428 --> 00:25:14,473 We were just going to help each other get through our situations as friends. 398 00:25:14,556 --> 00:25:18,852 And, that turned very quickly into dating. 399 00:25:18,977 --> 00:25:21,688 And then, months later, I was proposing to her 400 00:25:21,813 --> 00:25:23,565 because I just knew she was the one. 401 00:25:25,734 --> 00:25:30,072 Briee: He is a good protector of the family. 402 00:25:30,238 --> 00:25:33,909 I'm almost positive he has PTSD from the home invasion. 403 00:25:35,660 --> 00:25:37,621 He goes on, like, high-alert. 404 00:25:37,746 --> 00:25:39,956 Like, he is on edge. 405 00:25:40,082 --> 00:25:41,082 He is... 406 00:25:41,917 --> 00:25:43,794 You know, he's ready for the worst. 407 00:26:00,852 --> 00:26:03,355 Deric: We've got the bodycam videos. 408 00:26:03,438 --> 00:26:05,524 This is going to be played during the trial 409 00:26:05,649 --> 00:26:07,289 and Brian is going to be questioned on it. 410 00:26:07,400 --> 00:26:09,361 So, doing that now, 411 00:26:09,486 --> 00:26:10,846 is going to make us better prepared 412 00:26:10,904 --> 00:26:12,744 for when we're actually sitting in a courtroom. 413 00:26:18,787 --> 00:26:21,123 - How's it going, deric? - Deric: It's going pretty well. 414 00:26:27,295 --> 00:26:29,175 All right, so, I wanted you to listen this part. 415 00:26:50,026 --> 00:26:51,026 Good answer. 416 00:26:52,612 --> 00:26:54,281 You're just saying, "I didn't know." 417 00:27:17,012 --> 00:27:19,848 You do a good enough job telling your story 418 00:27:19,973 --> 00:27:22,851 to where I really wouldn't have you tell it any differently, 419 00:27:23,560 --> 00:27:25,103 if you were on the stand. 420 00:27:32,903 --> 00:27:36,031 Deric: All right. So, here's his account of what happened. 421 00:28:00,263 --> 00:28:02,432 Deric: All right, that's what she accused him of doing, 422 00:28:02,557 --> 00:28:03,808 grabbing her by the ears. 423 00:28:18,448 --> 00:28:19,448 Officer: Okay. 424 00:28:34,214 --> 00:28:36,814 I mean, that's important. "I was going to go straight to the door." 425 00:28:52,148 --> 00:28:54,109 He's admitting, still advancing 426 00:28:55,819 --> 00:28:57,737 while you're telling him 427 00:28:57,904 --> 00:28:59,344 to get off the property and not move. 428 00:28:59,906 --> 00:29:00,991 Going towards the door. 429 00:29:01,116 --> 00:29:03,743 The gun was pointed at him. 430 00:29:03,910 --> 00:29:06,538 It wasn't pointed at him the whole time, 431 00:29:06,621 --> 00:29:10,292 but it was rested to a point where all I had to do was... 432 00:29:11,584 --> 00:29:18,883 That. 433 00:29:19,050 --> 00:29:21,761 I get up at 4:00 a. M. Every day, 434 00:29:21,886 --> 00:29:26,016 and I get to work between 5:20 and 5:30. 435 00:29:27,976 --> 00:29:29,811 My work is to weld 436 00:29:29,936 --> 00:29:34,149 the door assemblies for these trailers, here. 437 00:29:34,232 --> 00:29:37,485 I was raised to not give up, not quit. 438 00:29:37,569 --> 00:29:39,696 My principles are loyalty, 439 00:29:39,863 --> 00:29:41,364 hard work. 440 00:29:41,448 --> 00:29:44,868 Regardless of what the odds are, if you believe in something, 441 00:29:44,993 --> 00:29:46,161 you fight for it. 442 00:29:48,913 --> 00:29:50,999 People at work 443 00:29:51,082 --> 00:29:56,296 changed the way they see me but not in a negative manner. 444 00:29:56,421 --> 00:30:00,884 They see me as somebody who stood in the face of danger 445 00:30:01,009 --> 00:30:03,678 to prevent something bad from happening. 446 00:30:03,803 --> 00:30:06,598 And I have their full support. 447 00:30:06,723 --> 00:30:09,684 This case, it's very exhausting. It's bugging me all the time. 448 00:30:09,851 --> 00:30:13,313 Even though, I'm not proven guilty by a jury yet, 449 00:30:13,438 --> 00:30:16,274 you know, it feels like I'm already a criminal. 450 00:30:30,580 --> 00:30:34,667 Today, I want to look over the disciplinary records, 451 00:30:34,793 --> 00:30:36,836 if any, of the police that were involved. 452 00:30:36,961 --> 00:30:38,338 See what they've got going on. 453 00:30:39,672 --> 00:30:41,257 What we think happened in this case 454 00:30:41,383 --> 00:30:44,636 is they just decided Brian was getting arrested. 455 00:30:44,719 --> 00:30:46,554 He lied to them, they didn't like it. 456 00:30:46,679 --> 00:30:48,515 They're going to get him for something. 457 00:30:48,681 --> 00:30:51,851 Now, what I would look for to show that they're prone to that sort of thing, 458 00:30:52,018 --> 00:30:53,436 I can't imagine what that would be. 459 00:30:53,561 --> 00:30:56,272 But, you got to look. 460 00:30:56,398 --> 00:30:59,192 It looks like this police officer, he got in a little trouble here. 461 00:30:59,317 --> 00:31:02,529 So, that was a violation of a number of rules. 462 00:31:02,654 --> 00:31:05,407 He is not a new hire that is not aware of policy and procedures. 463 00:31:05,532 --> 00:31:08,868 He's failed to show competence as a supervisor. 464 00:31:08,993 --> 00:31:10,537 So, he's not perfect. 465 00:31:10,662 --> 00:31:13,331 He needs to listen better. He needs to communicate better. 466 00:31:13,415 --> 00:31:16,126 And in this particular situation, 467 00:31:18,294 --> 00:31:20,505 the police officer didn't listen, 468 00:31:20,588 --> 00:31:21,923 and then he miscommunicated. 469 00:31:23,716 --> 00:31:27,178 I think that's really super-freaking-helpful is what I'm thinking, 470 00:31:27,303 --> 00:31:29,347 because that's exactly what he did that night 471 00:31:39,232 --> 00:31:41,192 Brian: The entire time this has been going on, 472 00:31:41,276 --> 00:31:45,113 it's basically one gigantic nuisance. 473 00:31:45,238 --> 00:31:48,074 Every time I leave the county or want to leave the state, 474 00:31:48,241 --> 00:31:51,953 I got to call this damn supervising probation lady. 475 00:31:52,078 --> 00:31:54,330 Which she always gives me permission for, 476 00:31:54,414 --> 00:31:58,460 but it's like, I have to call her every single time. 477 00:32:01,421 --> 00:32:03,840 This case, so far, the whole thing altogether, 478 00:32:04,007 --> 00:32:06,342 between bail, deric, 479 00:32:06,468 --> 00:32:08,261 even though I haven't been convicted, 480 00:32:08,386 --> 00:32:10,513 whole thing has cost me around $30,000. 481 00:32:28,364 --> 00:32:30,992 You know, this is basically coming down to a matter of opinion, 482 00:32:31,075 --> 00:32:34,078 as to whether Brian's actions were reasonable. 483 00:32:34,913 --> 00:32:37,207 And I want to see it for myself. 484 00:32:39,042 --> 00:32:42,420 When we get to the scene of the alleged crime, 485 00:32:42,545 --> 00:32:45,089 Brian is going to recreate what happened that evening. 486 00:32:45,215 --> 00:32:47,175 I need to be there. I need to see the distances. 487 00:32:47,258 --> 00:32:49,385 So, I think it's going to be really helpful. 488 00:32:54,140 --> 00:32:56,893 - Hey, Brian. - How's it going, deric? 489 00:32:57,060 --> 00:32:59,187 - Nice to see you. - Yeah. All right. 490 00:32:59,312 --> 00:33:01,707 - Let's do it, man. - Do I need to get the prop ak out of the car? 491 00:33:01,731 --> 00:33:03,931 Yeah, I think you should get the prop ak out of the car. 492 00:33:10,114 --> 00:33:11,741 Brian: Right here. This is the house. 493 00:33:13,284 --> 00:33:15,620 This is right about where he pulled up. 494 00:33:15,745 --> 00:33:16,745 Deric: All right. 495 00:33:17,455 --> 00:33:18,665 Where are you at? 496 00:33:18,790 --> 00:33:20,166 I was standing about right here. 497 00:33:20,250 --> 00:33:22,085 I took cover like this. 498 00:33:23,294 --> 00:33:25,380 And as soon as he got out of his truck, 499 00:33:25,547 --> 00:33:27,340 I was screaming at the top of my lungs 500 00:33:27,423 --> 00:33:30,677 for him to stay back, stay off the property. 501 00:33:30,843 --> 00:33:35,181 Here, I'm going to out here. You tell me where he was and where he ended up. 502 00:33:35,306 --> 00:33:37,767 Brian: Move to your right. Three feet. 503 00:33:38,393 --> 00:33:40,061 There you go. 504 00:33:40,228 --> 00:33:42,814 And I'm screaming at him, "stay back! Stay back!" 505 00:33:42,897 --> 00:33:45,817 And he's, kind of, doing a slow walk now. 506 00:33:45,942 --> 00:33:48,069 Stay back. Stay off the property. 507 00:33:48,444 --> 00:33:49,444 Pop! Pop! 508 00:33:51,030 --> 00:33:53,700 And then, no more than five seconds, 509 00:33:53,825 --> 00:33:56,035 that cop comes buzzing around there with his lights on. 510 00:33:56,202 --> 00:33:58,454 And as soon as I saw him make that corner, 511 00:33:58,580 --> 00:33:59,580 I went like that. 512 00:34:00,248 --> 00:34:01,499 Rocked out the round. 513 00:34:02,959 --> 00:34:04,460 I shoved it under the Van like that. 514 00:34:05,712 --> 00:34:07,088 Why? 515 00:34:07,213 --> 00:34:08,857 Because as soon as law enforcement arrives, 516 00:34:08,881 --> 00:34:12,010 the last thing you want them to see in your hands is a gun, 517 00:34:12,135 --> 00:34:13,803 whether you are friend or foe. 518 00:34:18,516 --> 00:34:20,518 Stay back! Stay back! Stay off the property! 519 00:34:20,643 --> 00:34:21,643 Pop! Pop! 520 00:34:28,776 --> 00:34:31,362 Where do you suppose those bullets ended up? 521 00:34:31,487 --> 00:34:33,823 Brian: It could have hit that water tower, 522 00:34:33,948 --> 00:34:36,868 but I didn't hear any metal. 523 00:34:36,951 --> 00:34:40,371 It's actually a damn good thing I didn't hit those power lines, to be honest. 524 00:34:40,496 --> 00:34:42,816 It's a damn good thing you didn't hit lots of things, Brian. 525 00:34:42,874 --> 00:34:45,710 - You're responsible for where your bullets go, right? - Uh-huh. 526 00:34:45,793 --> 00:34:47,045 I mean, they landed somewhere. 527 00:34:49,881 --> 00:34:51,507 Well, I want to wait till dark, 528 00:34:51,674 --> 00:34:53,861 and so I can see what this place looks like at night time. 529 00:34:53,885 --> 00:34:54,885 Brian: Okay. 530 00:34:57,430 --> 00:34:58,574 Deric: Is that light working? 531 00:34:58,598 --> 00:35:00,224 Brian: No, that light hasn't worked 532 00:35:00,350 --> 00:35:02,101 for the entire three years I lived here. 533 00:35:02,226 --> 00:35:03,311 Deric: All right. 534 00:35:15,198 --> 00:35:16,550 Deric: That street light was working. 535 00:35:16,574 --> 00:35:18,214 - Brian: (Sighing) Yes. - This one wasn't. 536 00:35:18,368 --> 00:35:20,703 - This one was not. - And, 537 00:35:20,828 --> 00:35:23,748 - it doesn't look like there's any other lights on the street. - Brian: No. 538 00:35:24,582 --> 00:35:26,876 Deric: It's not a very well-lit street. 539 00:35:27,043 --> 00:35:28,520 And I'm already having problems seeing 540 00:35:28,544 --> 00:35:30,104 what you do or don't have in your hands. 541 00:35:30,171 --> 00:35:32,006 Brian: Yeah. 542 00:35:32,131 --> 00:35:34,851 Deric: Just got to figure out the best way to convey that to the jury. 543 00:35:44,185 --> 00:35:46,354 Deric: Texas is a pretty gun-friendly state in general, 544 00:35:46,521 --> 00:35:50,024 but really, it can depend on the particular county I'm in. 545 00:35:50,108 --> 00:35:53,361 Now, my expectation would be in most rural counties in Texas, 546 00:35:53,486 --> 00:35:55,029 that use of guns to defend yourself 547 00:35:55,196 --> 00:35:58,908 and ownership of guns is not just acceptable, it's expected. 548 00:35:59,075 --> 00:36:00,715 It would be weird if you didn't have guns. 549 00:36:06,749 --> 00:36:09,085 Regardless of self-defense or otherwise, 550 00:36:09,210 --> 00:36:11,850 the prosecutor is not going to want the jury to like what Brian did. 551 00:36:11,921 --> 00:36:15,216 People have an opinion about ak-47s, and it's negative. 552 00:36:15,341 --> 00:36:17,427 And it is the preferred weapon of the enemy. 553 00:36:19,262 --> 00:36:22,765 That definitely is a strike against my client. 554 00:36:22,890 --> 00:36:24,767 And what Brian did do by anyone's account, 555 00:36:24,892 --> 00:36:27,687 is shoot two bullets over the city, ladonia. 556 00:36:27,770 --> 00:36:29,522 Those bullets have to come down somewhere. 557 00:36:29,647 --> 00:36:32,191 And that could have put everybody in danger. 558 00:36:32,358 --> 00:36:34,318 That's something I want to be on top of. 559 00:36:35,778 --> 00:36:38,740 So I'm going to a ballistics calculator 560 00:36:40,408 --> 00:36:42,952 to figure out about where that bullet went. 561 00:36:43,077 --> 00:36:47,457 The ballistic coefficient of this type of bullet is .361. 562 00:36:48,708 --> 00:36:51,502 123-gram bullet comes out of the barrel of an ak-47 563 00:36:51,586 --> 00:36:54,130 at approximately 2,400 feet per second. 564 00:36:54,255 --> 00:36:58,176 So, if he fired 165 inches, over his head, 565 00:36:58,718 --> 00:37:00,261 at ten yards, 566 00:37:00,386 --> 00:37:03,681 that bullet would zero out at 4,000 yards. 567 00:37:05,725 --> 00:37:06,768 So, 568 00:37:06,893 --> 00:37:08,728 this is the driveway. 569 00:37:08,895 --> 00:37:10,188 That's where he was standing. 570 00:37:11,189 --> 00:37:13,232 Run a line over the water tower. 571 00:37:15,151 --> 00:37:16,819 That's 4,000 yards. 572 00:37:16,903 --> 00:37:21,199 That puts us out in the middle of freaking nowhere. 573 00:37:21,282 --> 00:37:23,659 I mean, they did not land around anywhere 574 00:37:23,785 --> 00:37:27,246 that a human being could have possibly been struck by that bullet. 575 00:37:43,638 --> 00:37:46,015 Brian's mother, who was a teacher 576 00:37:46,140 --> 00:37:49,185 at this local church in ladonia, 577 00:37:49,352 --> 00:37:51,229 she received this information 578 00:37:51,354 --> 00:37:53,397 that one of the parishioners' daughters 579 00:37:53,564 --> 00:37:56,359 had been assaulted by her father, 580 00:37:56,484 --> 00:38:00,530 and they took her into their house and sheltered her there. 581 00:38:00,613 --> 00:38:02,949 And Brian knew this girl's father. 582 00:38:03,074 --> 00:38:06,494 And then, he fired two shots with an assault rifle 583 00:38:06,577 --> 00:38:08,830 over his head at about a 45 degree angle 584 00:38:10,206 --> 00:38:11,374 - to stop him from... - Yeah. 585 00:38:11,457 --> 00:38:13,543 Coming any further onto the property, right? 586 00:38:13,709 --> 00:38:16,504 Three years before our case, 587 00:38:16,629 --> 00:38:20,842 Brian was actually shot three times in the course of this robbery. 588 00:38:20,967 --> 00:38:23,845 So, when Brian found himself in this situation, 589 00:38:23,928 --> 00:38:26,848 how do you think that could have factored into the way 590 00:38:26,973 --> 00:38:28,349 that Brian responded that night? 591 00:38:28,474 --> 00:38:30,935 Yeah. PTSD, I think, you know, a lot of people 592 00:38:31,060 --> 00:38:34,021 don't really pay attention to how that can factor in 593 00:38:34,146 --> 00:38:36,440 on somebody's reactive behavior. 594 00:38:36,566 --> 00:38:38,568 - It's like a shot of adrenaline. - Right. 595 00:38:38,693 --> 00:38:40,493 And we know what happens when adrenaline hits. 596 00:38:40,528 --> 00:38:42,780 Sometimes, I mean, you can't control it. 597 00:38:42,905 --> 00:38:45,616 You're just ready, ready to do what you need to do. 598 00:38:45,741 --> 00:38:47,285 If you're getting called by your mom 599 00:38:47,410 --> 00:38:50,413 to come protect the little girl, 600 00:38:50,580 --> 00:38:53,749 that's going to get him into immediate fight mode. 601 00:38:53,916 --> 00:38:57,920 But now you compound PTSD on top of that. Right? 602 00:38:58,045 --> 00:39:01,716 Now you got, like, a severe kind of fight protection mode, 603 00:39:01,883 --> 00:39:04,635 - that I would imagine that would occur to somebody. - Right. Right. 604 00:39:04,719 --> 00:39:08,890 I'm glad that he shot up in the air. Matter of fact. 605 00:39:09,056 --> 00:39:11,642 I definitely think it's an element of Brian's story 606 00:39:11,767 --> 00:39:14,061 that we want him to tell to the jury, 607 00:39:14,228 --> 00:39:16,522 and we want to make sure they understand 608 00:39:16,606 --> 00:39:19,817 - how that triggered his response that night. - Mm-hmm. 609 00:39:36,626 --> 00:39:38,502 If everything went our way, 610 00:39:38,586 --> 00:39:40,796 you know, for two days of testimony, 611 00:39:40,880 --> 00:39:43,883 maybe there's a situation where Brian doesn't have to testify. 612 00:39:44,008 --> 00:39:48,846 But the overwhelming likelihood is that we have to put him on the stand. 613 00:39:49,013 --> 00:39:51,241 If we're going to get the jury instruction on self-defense, 614 00:39:51,265 --> 00:39:52,850 - which we have to do... - Right. 615 00:39:52,934 --> 00:39:54,786 I don't see there's any way that we can't call him. 616 00:39:54,810 --> 00:39:57,688 - Right. - And he's got to sell it. 617 00:39:57,813 --> 00:40:00,316 What are your concerns about Brian testifying? 618 00:40:00,399 --> 00:40:02,693 My concerns about Brian testifying 619 00:40:02,777 --> 00:40:04,946 are that the jury, they think 620 00:40:05,071 --> 00:40:08,157 that he unnecessarily interjected himself 621 00:40:08,282 --> 00:40:10,117 into this situation and sort of... 622 00:40:11,619 --> 00:40:15,206 You know, played vigilante when the situation 623 00:40:15,331 --> 00:40:16,811 could have been handled by the police. 624 00:40:16,916 --> 00:40:18,209 And, 625 00:40:18,334 --> 00:40:20,920 I'm concerned, that in the heat of cross examination, 626 00:40:21,045 --> 00:40:23,965 he could get very combative and that could come across very poorly. 627 00:40:24,048 --> 00:40:25,216 Poorly for us as well. 628 00:40:25,383 --> 00:40:27,009 Yeah, he can't get combative. 629 00:40:27,134 --> 00:40:29,971 I think one thing that could be a useful exercise 630 00:40:30,054 --> 00:40:33,808 is if we tried to set up some sort of mock trial. 631 00:40:33,933 --> 00:40:37,687 - Yes. - Cross him a little bit and see how he responds to, 632 00:40:37,812 --> 00:40:39,730 you know, some hostile line of questioning. 633 00:40:39,897 --> 00:40:42,149 Kick his ass a little bit. See how he stands up. 634 00:40:42,233 --> 00:40:43,593 You'd definitely get him flustered. 635 00:40:43,693 --> 00:40:45,653 Yeah. Let's go ahead and do it. 636 00:41:04,046 --> 00:41:06,507 Brian, this is judge pask. He agreed to do this, 637 00:41:06,590 --> 00:41:08,470 - so we really appreciate that. - Appreciate it. 638 00:41:08,509 --> 00:41:11,345 - Harrison is going to be playing the role of the prosecutor. - Mm-hmm. 639 00:41:11,470 --> 00:41:13,472 All right, everybody, take your places. 640 00:41:13,556 --> 00:41:16,436 You never know how you're going to act in a fight until you're in a fight. 641 00:41:17,852 --> 00:41:20,021 And no one knows how they're going to act on the stand 642 00:41:20,146 --> 00:41:21,564 until they're up on the stand. 643 00:41:29,321 --> 00:41:31,761 Deric: Did you think your actions were reasonable that evening? 644 00:41:32,408 --> 00:41:34,368 Yes. 645 00:41:34,535 --> 00:41:37,955 The violence he showed towards his daughter, 646 00:41:38,080 --> 00:41:40,458 I believe that things had escalated to a point 647 00:41:40,583 --> 00:41:43,711 where he was no longer in control, emotionally. 648 00:41:45,880 --> 00:41:47,381 How much time do you think you have 649 00:41:47,506 --> 00:41:52,678 to defend yourself against somebody who's got a gun at their side? 650 00:41:52,845 --> 00:41:55,556 As much time as it takes my finger to go like that. 651 00:41:58,476 --> 00:42:01,145 So, Brian, the reason that you felt threatened 652 00:42:01,270 --> 00:42:04,857 was primarily due to what you knew about him before that night, 653 00:42:04,940 --> 00:42:07,526 not due to what he did on that night. Isn't that correct? 654 00:42:07,651 --> 00:42:08,652 I would say I was... 655 00:42:08,778 --> 00:42:10,196 Harrison: Yes or no? 656 00:42:10,362 --> 00:42:11,739 That's not a yes or no question. 657 00:42:15,785 --> 00:42:19,288 Is it fair to say that you have a bit of a cowboy mentality? 658 00:42:19,413 --> 00:42:22,041 You like to take the law into your own hands, don't you? 659 00:42:22,166 --> 00:42:24,085 Brian: No, I do not. 660 00:42:24,251 --> 00:42:26,521 Harrison: Brian, you're a volunteer fireman. Is that correct? 661 00:42:26,545 --> 00:42:27,671 Brian: I was at the time. 662 00:42:27,838 --> 00:42:30,382 So you understand that being a volunteer fireman, 663 00:42:30,549 --> 00:42:32,843 that doesn't give you the right 664 00:42:32,968 --> 00:42:35,304 to enforce the laws of that community, right? 665 00:42:35,429 --> 00:42:37,264 Yes. 666 00:42:37,389 --> 00:42:39,701 And you decided that you were going to take it upon yourself, Brian, 667 00:42:39,725 --> 00:42:44,188 to protect that girl by any means necessary, right? 668 00:42:44,605 --> 00:42:45,773 Correct. 669 00:42:48,859 --> 00:42:51,153 Why do you have that gun, Brian? 670 00:42:51,278 --> 00:42:53,489 Brian: My constitutional right to bear arms. 671 00:42:53,614 --> 00:42:54,698 Okay. 672 00:42:56,492 --> 00:42:58,619 Let's recount. You fired the gun. 673 00:42:59,495 --> 00:43:01,247 - Correct? - Correct. 674 00:43:01,372 --> 00:43:03,999 You lied to the police about having fired the gun. 675 00:43:04,125 --> 00:43:05,125 Brian: Correct. 676 00:43:07,378 --> 00:43:12,800 So, you repeatedly were making false statements to police that night, isn't that correct? 677 00:43:14,218 --> 00:43:15,218 Yes. 678 00:43:17,221 --> 00:43:18,615 Harrison: No further questions, your honor. 679 00:43:18,639 --> 00:43:20,349 Judge: Thank you. You may stand down. 680 00:43:23,060 --> 00:43:24,913 Harrison: I think there's a few things to clear up. 681 00:43:24,937 --> 00:43:27,982 Brian needs to be able to articulate the fact that 682 00:43:28,065 --> 00:43:31,318 this had just happened, this assault that he believed was legitimate. 683 00:43:31,402 --> 00:43:32,945 I think the answer of, 684 00:43:33,070 --> 00:43:35,531 it was not based on anything he did that night. 685 00:43:35,656 --> 00:43:37,717 - I think there's a better way to phrase that answer. - I agree. 686 00:43:37,741 --> 00:43:40,953 Judge: Just remember, don't give the state any more than they ask. 687 00:43:41,078 --> 00:43:42,079 Okay. 688 00:43:42,204 --> 00:43:44,456 Listen to them carefully 689 00:43:44,582 --> 00:43:46,250 and only respond to their question. 690 00:43:48,002 --> 00:43:49,312 Harrison: There are some things that he did that night 691 00:43:49,336 --> 00:43:51,964 that the prosecution is going to try to pick at. 692 00:43:52,047 --> 00:43:54,425 And there is a real chance that he could be convicted, 693 00:43:54,550 --> 00:43:58,012 and he needs to know, you know, he's looking at prison time if he does. 694 00:43:58,179 --> 00:43:59,847 So, the stakes are high. 695 00:44:11,567 --> 00:44:13,694 Deric: Here's a couple of things I want to talk about. 696 00:44:13,819 --> 00:44:16,197 When he asked why you had a gun, right? 697 00:44:16,363 --> 00:44:19,200 You said because it's my constitutional right. 698 00:44:19,283 --> 00:44:21,660 It sounds defiant. 699 00:44:21,744 --> 00:44:23,555 - I don't really like the way it came off. - Okay. 700 00:44:23,579 --> 00:44:25,682 Deric: Constitutional right is what allows you to have the gun, 701 00:44:25,706 --> 00:44:27,225 - it's not why you have it. - Brian: All right. 702 00:44:27,249 --> 00:44:30,336 Why you have it, is for self-defense. 703 00:44:30,461 --> 00:44:33,797 -I mean, they're not... It's not a target rifle, right? -Right. 704 00:44:33,881 --> 00:44:36,258 If you say anything different when you're on the stand, 705 00:44:36,383 --> 00:44:38,263 than you did when you made the police statement, 706 00:44:38,385 --> 00:44:40,030 you're gonna get impeached. Well, you said something different to the cops. 707 00:44:40,054 --> 00:44:41,656 So, you were lying then, or you're lying now. 708 00:44:41,680 --> 00:44:43,641 - Okay. - They wanna see your reactions. 709 00:44:43,766 --> 00:44:46,578 They're watching you, man, and they're seeing how you are responding to things. 710 00:44:46,602 --> 00:44:50,064 So what emotions are allowed and what aren't? 711 00:44:50,231 --> 00:44:51,398 You just gotta behave. 712 00:44:51,523 --> 00:44:52,858 You got to sit there and behave. 713 00:44:52,942 --> 00:44:54,461 Brian: Question is, if I'll be able to. 714 00:44:54,485 --> 00:44:55,694 You have to, man. 715 00:44:55,778 --> 00:44:57,613 Okay. I'm gonna practice. 716 00:44:57,738 --> 00:44:58,864 You are in trouble. 717 00:44:58,989 --> 00:45:01,533 You can stand your ground. 718 00:45:01,700 --> 00:45:03,577 I mean, you don't have to be ashamed, 719 00:45:03,702 --> 00:45:05,788 but you can't be cocky. 720 00:45:05,913 --> 00:45:08,040 These guys are trying to send you to prison, man. 721 00:45:08,123 --> 00:45:09,166 Okay. 722 00:45:24,890 --> 00:45:27,685 I've been wanting to do this for a while, 723 00:45:27,768 --> 00:45:29,270 and we just... I don't know. 724 00:45:29,395 --> 00:45:32,398 It sounds terrible that we were both just, kind of, 725 00:45:33,607 --> 00:45:35,526 lazy about going to get... 726 00:45:35,609 --> 00:45:37,278 Since we were planning all this 727 00:45:37,403 --> 00:45:40,739 because I think that's really the reason why it hadn't happened yet. 728 00:45:40,864 --> 00:45:44,994 And trial starting was just kind of that push of, 729 00:45:45,119 --> 00:45:46,870 "okay, let's just go do it." 730 00:45:48,831 --> 00:45:50,582 We've made it through everything, 731 00:45:50,708 --> 00:45:52,751 we've made it through so far. 732 00:45:52,918 --> 00:45:57,131 The rest of our life should go pretty smoothly. 733 00:45:57,214 --> 00:46:00,175 Because I would think that going to court 734 00:46:00,259 --> 00:46:03,929 and everything else, that would have killed most relationships. 735 00:46:04,054 --> 00:46:06,473 But, we're still standing, 736 00:46:06,598 --> 00:46:08,892 so there's at least some hope. 737 00:46:09,059 --> 00:46:12,146 If we can make it through that, we can make it through anything. 738 00:46:14,398 --> 00:46:15,941 (Phone ringing) 739 00:46:18,027 --> 00:46:19,236 What's going on, man? 740 00:46:28,454 --> 00:46:29,913 How did that go? 741 00:46:50,893 --> 00:46:53,270 No. It's not a win. It's not a win, deric. 742 00:46:57,399 --> 00:47:00,527 I want you to go back to him and explain to him... 743 00:47:00,652 --> 00:47:04,990 Okay, look, I've pretty much have been on probation two years as it is. 744 00:47:05,115 --> 00:47:07,409 Like, I'm over it. I've literally... 745 00:47:07,576 --> 00:47:09,036 Deric, I've been on probation. 746 00:47:23,467 --> 00:47:26,220 Deric: After a year and a half of being punished by his estimation, 747 00:47:26,345 --> 00:47:28,430 you know, now they want to offer this deal. 748 00:47:28,555 --> 00:47:30,557 I do this all the time. 749 00:47:30,724 --> 00:47:34,436 And, you know, you're here, actually listening to a client, how aggravating that is, 750 00:47:34,561 --> 00:47:35,938 yeah, I get it. I get it. 751 00:47:36,063 --> 00:47:37,648 But what I don't want him to do 752 00:47:37,731 --> 00:47:39,233 is make a decision based on anger. 753 00:47:47,408 --> 00:47:51,412 Well, I spoke to the two women in my life. 754 00:47:51,578 --> 00:47:55,624 I'm trying to explain to them that there's a whole lot more at stake 755 00:47:56,583 --> 00:47:57,583 than 756 00:47:59,545 --> 00:48:00,838 me. 757 00:48:00,921 --> 00:48:02,840 They're thinking of the kids, 758 00:48:02,965 --> 00:48:06,802 and me not being around if I lose this thing. 759 00:48:06,885 --> 00:48:08,530 And, you know, I'm thinking about the kids, too, 760 00:48:08,554 --> 00:48:11,014 but I'm thinking more about the kids than me not being around. 761 00:48:11,181 --> 00:48:13,100 What am I telling my children? 762 00:48:13,225 --> 00:48:16,145 I'm telling them that even if you do the right thing, 763 00:48:17,354 --> 00:48:19,398 it's okay if the system (bleep) You. 764 00:48:20,399 --> 00:48:21,775 I'm not gonna teach my kids that. 765 00:48:21,900 --> 00:48:23,128 I'm not going to be one of those parents. 766 00:48:23,152 --> 00:48:25,154 That's ridiculous, honestly. 767 00:48:41,170 --> 00:48:43,464 Well, what do you know. 768 00:48:43,547 --> 00:48:47,259 I sent an offer to him saying six months' probation on false report, 769 00:48:47,384 --> 00:48:48,984 and he just sent me back an email saying, 770 00:48:49,094 --> 00:48:50,679 "why don't we just do time served?" 771 00:48:50,846 --> 00:48:53,265 If he means what I think he means, 772 00:48:54,600 --> 00:48:55,600 that's a wrap. 773 00:48:57,478 --> 00:48:59,897 I gotta call Brian and say, "hey, what do you think?" 774 00:49:03,484 --> 00:49:04,484 (Phone ringing) 775 00:49:09,072 --> 00:49:10,324 Hey, what's going on, deric? 776 00:49:12,618 --> 00:49:13,618 Okay? 777 00:49:34,097 --> 00:49:35,807 So, they literally counter offered 778 00:49:35,891 --> 00:49:37,726 with a better offer is what you're saying? 779 00:49:54,493 --> 00:49:55,536 Okay. 780 00:49:57,454 --> 00:49:58,454 Well... 781 00:50:00,999 --> 00:50:03,252 I guess, tell him we accept. 782 00:50:10,217 --> 00:50:12,052 Deric: The prosecution probably got around 783 00:50:12,177 --> 00:50:14,846 to starting the interviews with these witnesses, 784 00:50:14,972 --> 00:50:18,308 and I think he realized that we were gonna kick his ass if we went to trial. 785 00:50:18,392 --> 00:50:20,245 But, at the same time, I'm not gonna fault the guy 786 00:50:20,269 --> 00:50:21,704 for doing the right thing and being reasonable. 787 00:50:21,728 --> 00:50:23,522 Harrison: No, of course. 788 00:50:23,605 --> 00:50:26,608 - Even if it took a little longer than I would have liked. - Of course not. 789 00:50:26,733 --> 00:50:28,652 All right, man. I'll see you. 790 00:50:28,777 --> 00:50:31,154 Harrison: I think this is justice in this case. 791 00:50:31,280 --> 00:50:33,156 This recognizes that, 792 00:50:33,282 --> 00:50:37,202 you know, "hey, Brian, maybe you could have done things a little bit differently, 793 00:50:37,327 --> 00:50:39,204 "but, also what you did, 794 00:50:39,329 --> 00:50:42,332 "does not rise to the level of a felony offense 795 00:50:42,416 --> 00:50:44,585 "that we're looking at an extended jail sentence for." 796 00:50:48,130 --> 00:50:50,257 Deric: The perfect victory is one without battle. 797 00:50:51,425 --> 00:50:52,426 So... 798 00:50:55,137 --> 00:50:56,263 We won. 799 00:51:00,267 --> 00:51:04,396 I'm heading up to my fiancee's work, 800 00:51:05,105 --> 00:51:06,315 because, 801 00:51:06,398 --> 00:51:09,026 I thought it to be way too good a news 802 00:51:09,109 --> 00:51:11,069 to deliver over the phone. 803 00:51:16,033 --> 00:51:17,618 Hey. 804 00:51:17,743 --> 00:51:19,161 It's done. It's over with. 805 00:51:19,244 --> 00:51:21,163 So, we don't even have to go to trial on Monday? 806 00:51:21,246 --> 00:51:22,664 - No, it's done. - Really? 807 00:51:22,789 --> 00:51:25,042 This will end tomorrow. 808 00:51:25,167 --> 00:51:28,337 Tomorrow, I'm going to go cross the t's and dot the i's and everything. 809 00:51:28,503 --> 00:51:30,505 So it's done? Like, "we're done" done? 810 00:51:30,589 --> 00:51:31,923 It's "done" done. 811 00:51:32,049 --> 00:51:33,967 - It's over. We did it. - That's good. 812 00:51:34,051 --> 00:51:35,677 See? It's done. 813 00:51:35,844 --> 00:51:37,596 - I can't believe it. - Yeah. 814 00:51:40,223 --> 00:51:42,059 Briee: It's the best feeling in the world. 815 00:51:43,685 --> 00:51:45,103 He's not going anywhere. 816 00:51:45,228 --> 00:51:46,313 (Voice shaking) He's home. 817 00:51:50,150 --> 00:51:51,234 (Exhales) 818 00:51:52,861 --> 00:51:54,696 The boys don't lose him, 819 00:51:54,780 --> 00:51:56,114 I don't lose him. 820 00:51:56,907 --> 00:51:58,367 We get to keep our life. 821 00:52:00,077 --> 00:52:02,079 Um... 822 00:52:02,204 --> 00:52:04,873 We get to plan, like, a normal life. 823 00:52:15,217 --> 00:52:17,969 She will always be somebody who's too good for me. 824 00:52:18,095 --> 00:52:21,640 But I will spend every day the rest of my life trying to be good enough for her. 825 00:52:23,392 --> 00:52:27,187 Woman: Today, we gather to lift briee and Brian 826 00:52:27,312 --> 00:52:30,357 of their celebration of everlasting love. 827 00:52:30,482 --> 00:52:32,401 Briee: Now this gets to not just be our wedding, 828 00:52:32,526 --> 00:52:34,569 it's like a celebration of freedom. 829 00:52:34,695 --> 00:52:36,405 Woman: By the power vested in me, 830 00:52:36,530 --> 00:52:40,826 I pronounce you Mrs. And Mr. Lapsys. 831 00:52:40,909 --> 00:52:42,285 You can kiss your bride. 832 00:52:43,954 --> 00:52:45,163 (All cheering) 833 00:52:47,416 --> 00:52:49,056 Brian: All right, let's cook some fajitas!