1 00:00:06,633 --> 00:00:08,927 (Operator speaking) 2 00:00:09,052 --> 00:00:10,971 (Woman speaking) 3 00:00:13,848 --> 00:00:16,268 (Operator and woman speaking) 4 00:00:25,402 --> 00:00:27,529 (Operator and woman speaking) 5 00:00:40,584 --> 00:00:43,003 (Woman speaking) 6 00:00:43,128 --> 00:00:44,504 Officer: Put your hands in the air! 7 00:00:50,385 --> 00:00:52,846 He was going nuts, he went freaking nuts, 8 00:00:52,929 --> 00:00:54,764 the guy with the gun went freaking nuts. 9 00:00:54,889 --> 00:00:57,243 He's ready to blast away anyone that walked up to that truck. 10 00:00:57,267 --> 00:00:59,352 Officer: Right. 11 00:00:59,436 --> 00:01:01,664 Stephen Tripp: I've never done anything like this before. 12 00:01:01,688 --> 00:01:04,065 I've gone over the situation many times in my head, 13 00:01:04,190 --> 00:01:06,359 and I firmly believe that 14 00:01:06,484 --> 00:01:08,364 there was nothing I could have done differently. 15 00:01:35,055 --> 00:01:36,681 My name is Larry mcmillan. 16 00:01:36,765 --> 00:01:38,224 I'm a criminal defense lawyer, 17 00:01:39,476 --> 00:01:41,311 and I represent Stephen Tripp 18 00:01:41,436 --> 00:01:44,189 who's charged with attempted murder in the first degree. 19 00:01:44,356 --> 00:01:47,108 He's looking at life in prison. 20 00:01:48,902 --> 00:01:51,529 According to Mr. Tripp, he was out driving one night 21 00:01:51,655 --> 00:01:55,408 and found himself in a violent driving exchange 22 00:01:55,533 --> 00:01:58,244 between motorcyclists and himself. 23 00:01:59,537 --> 00:02:01,873 It became almost like a dance 24 00:02:01,998 --> 00:02:04,084 between the motorcyclists and Stephen, 25 00:02:04,250 --> 00:02:07,003 as they were trying to corral or cut him off 26 00:02:07,170 --> 00:02:10,465 and as he was trying to elude or evade them. 27 00:02:11,925 --> 00:02:13,885 Ultimately they came to a stop 28 00:02:14,010 --> 00:02:17,347 at a traffic light on hallandale beach boulevard. 29 00:02:17,514 --> 00:02:19,015 Stephen's account is that 30 00:02:19,182 --> 00:02:22,352 the female motorcyclist starts to scream at him 31 00:02:22,477 --> 00:02:24,646 and confront him from the passenger side. 32 00:02:24,771 --> 00:02:28,858 Simultaneously, the male motorcyclist gets off his motorcycle, 33 00:02:29,025 --> 00:02:30,860 approaches the driver's side door. 34 00:02:30,985 --> 00:02:33,363 Stephen hears a loud bang. 35 00:02:33,488 --> 00:02:36,032 We believe that was the victim striking the door. 36 00:02:36,116 --> 00:02:40,954 And as a result of that, Stephen instinctively fires two shots. 37 00:02:41,079 --> 00:02:46,668 They struck the victim, which resulted in severe injury and permanent disability. 38 00:02:48,128 --> 00:02:49,379 In the state of Florida, 39 00:02:49,504 --> 00:02:52,465 a person is entitled to use deadly force 40 00:02:52,549 --> 00:02:56,803 if they reasonably fear that their life is in peril. 41 00:02:56,928 --> 00:03:00,598 And that's exactly what I believe happened in this situation. 42 00:03:00,724 --> 00:03:04,978 The male motorcyclist was attacking Stephen, 43 00:03:05,061 --> 00:03:07,564 and Stephen was merely defending himself. 44 00:03:20,744 --> 00:03:23,705 Stephen: I'm accused of something that is very serious 45 00:03:26,082 --> 00:03:30,503 and, on the surface, would seem like a very violent thing. 46 00:03:36,718 --> 00:03:40,054 My life right now has been put on hold for two years. 47 00:03:40,180 --> 00:03:41,806 I can't go out of the state of Florida... 48 00:03:41,931 --> 00:03:45,143 Burning up all my savings because I can't get a job. 49 00:03:45,226 --> 00:03:48,438 Looking at the charges and everything, okay, and what happened to the other man, 50 00:03:48,563 --> 00:03:50,315 I'm looked at as a person who 51 00:03:50,398 --> 00:03:52,609 tries to hurt people or wants to hurt people, 52 00:03:54,235 --> 00:03:56,654 whereas in reality, I do stay calm. 53 00:03:56,780 --> 00:03:59,449 As long as you're not aggressive toward me, I'm not aggressive. 54 00:04:09,793 --> 00:04:12,879 Larry mcmillian: What I'd like to do is I'd like to talk to Stephen 55 00:04:13,004 --> 00:04:16,841 about the actual circumstances as what he recalls 56 00:04:16,925 --> 00:04:20,845 occurring that early evening back in August of 2019. 57 00:04:26,392 --> 00:04:28,603 Larry: Stephen. Come into my office. 58 00:04:28,728 --> 00:04:30,563 Right over here to the left. Come on in. 59 00:04:35,652 --> 00:04:38,196 They have you charged with attempted first degree murder, 60 00:04:38,321 --> 00:04:41,241 - meaning it was your desire... - Right. 61 00:04:41,407 --> 00:04:43,243 Objective to kill him 62 00:04:43,409 --> 00:04:46,037 which is punishable by life imprisonment. 63 00:04:48,748 --> 00:04:53,086 The victim describes you as weaving in and out of traffic, 64 00:04:53,211 --> 00:04:55,713 irrational driving, 65 00:04:55,880 --> 00:04:59,551 and you came within six inches of striking 66 00:04:59,676 --> 00:05:02,804 the victim's wife's motorcycle. 67 00:05:02,929 --> 00:05:04,430 Do you recall that? 68 00:05:04,556 --> 00:05:06,408 Stephen: That, I don't know. I don't think so. I don't know. 69 00:05:06,432 --> 00:05:07,752 I'm saying I don't think I did it. 70 00:05:14,858 --> 00:05:17,652 When I first saw the motorcycle, he pulled in front of me, 71 00:05:17,735 --> 00:05:19,779 when he pulled in front of me, I went to the right, 72 00:05:19,904 --> 00:05:21,882 I swerved to the left Lane, he swerved to the left Lane, 73 00:05:21,906 --> 00:05:24,033 hit the brakes again, I swerve to the middle Lane. 74 00:05:24,117 --> 00:05:27,537 He cut in front of me again. They kept on chasing me. 75 00:05:27,662 --> 00:05:29,902 I don't know what they're going to do when they catch me. 76 00:05:31,583 --> 00:05:33,710 Then when we got to Dixie highway, 77 00:05:33,835 --> 00:05:36,296 the traffic stopped, and I couldn't get away from them. 78 00:05:36,421 --> 00:05:38,089 What are you thinking at that point? 79 00:05:38,214 --> 00:05:39,299 I've got a full-on attack. 80 00:05:39,382 --> 00:05:41,634 They're going to make sure I can't get away. 81 00:05:41,759 --> 00:05:44,762 And so I reached down for my pistol, okay. 82 00:05:44,888 --> 00:05:47,724 There's this huge bang on my driver's side. 83 00:05:48,933 --> 00:05:50,184 That scared me. 84 00:05:50,268 --> 00:05:51,853 And I turn that way 85 00:05:52,020 --> 00:05:55,189 and when I turned around, the door swung open, he was right there. 86 00:05:55,273 --> 00:05:57,358 I turned around and fired at him. 87 00:06:00,320 --> 00:06:02,780 The prosecution's theory is that 88 00:06:02,906 --> 00:06:06,409 the victim was merely approaching just to let you know 89 00:06:06,576 --> 00:06:08,536 you need to be more cautious and careful 90 00:06:08,661 --> 00:06:10,288 in the manner in which you drive. 91 00:06:10,413 --> 00:06:13,174 If they're boxing me in and trying to stop me, why are they doing that? 92 00:06:13,249 --> 00:06:14,849 There's no point other than the fact that 93 00:06:14,959 --> 00:06:16,639 they're going to try to hurt me or kill me. 94 00:06:17,837 --> 00:06:21,341 Sorry, sometimes this gets a little intense for me. 95 00:06:21,507 --> 00:06:23,176 I hate it when I get emotional. 96 00:06:23,301 --> 00:06:24,844 Man, I hate it. God! 97 00:06:24,928 --> 00:06:27,013 When we get too much into this and talk too much 98 00:06:27,138 --> 00:06:31,142 it really, it gets intense. (Chuckles) Sheesh. 99 00:06:31,225 --> 00:06:33,436 Oh, man, I'm sorry. Gosh! 100 00:06:33,561 --> 00:06:35,021 It gets intense. 101 00:06:36,981 --> 00:06:39,150 (Sniffles) I'm sorry. 102 00:06:45,365 --> 00:06:47,408 Larry: When we present this in court, 103 00:06:47,575 --> 00:06:49,702 we've got to establish 104 00:06:49,827 --> 00:06:52,997 his actions that evening were completely justified 105 00:06:53,081 --> 00:06:55,667 because he felt that his life was in jeopardy. 106 00:06:58,419 --> 00:07:00,296 But this is a real case with real injuries. 107 00:07:00,421 --> 00:07:04,008 There were gunshots and the person was shot multiple times. 108 00:07:04,133 --> 00:07:08,513 And reasonable minds can differ on similar facts. 109 00:07:11,140 --> 00:07:13,518 So we've got quite a task. 110 00:07:30,410 --> 00:07:33,830 Stephen: This house was vacant for five years before I bought it. 111 00:07:36,290 --> 00:07:39,377 The first thing I did was started tearing out the walls, 112 00:07:39,544 --> 00:07:41,295 pulling all the flooring out, 113 00:07:41,379 --> 00:07:45,717 and then that way I was able to rebuild the whole entire inside. 114 00:07:54,392 --> 00:07:57,061 Before the arrest, I was doing commercial building. 115 00:07:59,439 --> 00:08:00,982 So my business was doing rather well 116 00:08:01,065 --> 00:08:03,526 and I've been running this business for more than 20 years. 117 00:08:03,651 --> 00:08:07,822 But with the arrest, I couldn't leave the area. 118 00:08:07,947 --> 00:08:11,617 I couldn't travel to bid on projects. 119 00:08:12,368 --> 00:08:14,370 So everything stopped. 120 00:08:14,537 --> 00:08:16,456 The business completely shut down. 121 00:08:16,581 --> 00:08:19,042 (Bird cawing in distance) 122 00:08:19,125 --> 00:08:22,253 I had 12 people who depended on me on a full-time basis. 123 00:08:22,378 --> 00:08:26,591 And you're helpless because you can't take care of the guys. 124 00:08:26,716 --> 00:08:29,886 How do you explain this to the guys that we just don't have any more work? 125 00:08:33,681 --> 00:08:35,433 I'm hoping that later at the trial, 126 00:08:35,558 --> 00:08:37,518 I can go back to the life that I knew 127 00:08:37,643 --> 00:08:39,937 and start getting a job again 128 00:08:40,063 --> 00:08:42,273 and that all the evidence will come out 129 00:08:42,398 --> 00:08:44,233 and show that I acted reasonably. 130 00:08:54,327 --> 00:08:57,538 Stephen's case comes down to a matter of credibility. 131 00:08:57,705 --> 00:08:59,457 Whether Stephen's version is more credible 132 00:08:59,582 --> 00:09:03,127 or the motorcyclists are more credible. 133 00:09:03,211 --> 00:09:05,421 Body camera is essential because 134 00:09:05,546 --> 00:09:08,883 it details the events immediately following this incident. 135 00:09:13,429 --> 00:09:15,189 - (Siren blaring) - (Indistinct conversation) 136 00:09:17,058 --> 00:09:18,827 Woman 1: Who would do that? Woman 2: I don't know. 137 00:09:18,851 --> 00:09:20,731 Paramedic: He's got a second one on his stomach. 138 00:09:20,812 --> 00:09:23,022 Officer 1: Okay. Get on your knees. 139 00:09:23,147 --> 00:09:25,066 Officer 2: Put your hands on top of your head. 140 00:09:25,191 --> 00:09:26,960 Officer 1: Twenty down for 210 through the air for me. 141 00:09:26,984 --> 00:09:29,654 I've got the shooter over here. 142 00:09:34,117 --> 00:09:36,369 Larry: Let's check out pellarito's testimony. 143 00:09:36,494 --> 00:09:39,664 He's the motorcyclist that was riding 144 00:09:39,789 --> 00:09:43,042 in the same direction with the victim. 145 00:09:43,126 --> 00:09:44,436 Officer 1: So what did you see, sir? 146 00:09:44,460 --> 00:09:45,962 I'm not part of that group. 147 00:09:46,087 --> 00:09:47,856 - I was just riding alongside them. - Officer 2: Right. Yup. 148 00:09:47,880 --> 00:09:50,174 The biker got off, walked up, 149 00:09:50,299 --> 00:09:52,051 walked up to the passenger side 150 00:09:52,176 --> 00:09:53,177 and just yelling at him. 151 00:09:53,302 --> 00:09:55,429 And the guy takes out a pistol. Boom. Boom. Boom. 152 00:09:55,555 --> 00:09:57,348 And then I walked up to the truck... 153 00:09:57,431 --> 00:09:59,559 Dude, take it easy. Take it... 154 00:09:59,725 --> 00:10:01,495 He's got the pistol out and he's pointing it at me. 155 00:10:01,519 --> 00:10:02,919 He came around and pointed it at me. 156 00:10:02,979 --> 00:10:04,522 The guy was frickin' nuts. 157 00:10:04,605 --> 00:10:07,358 He was ready to blast away anyone that walked up to that truck. 158 00:10:07,441 --> 00:10:08,693 Officer 2: Right. 159 00:10:08,776 --> 00:10:11,612 He seems to be really moved by what he saw. 160 00:10:11,737 --> 00:10:14,532 That's powerful testimony right there. 161 00:10:14,699 --> 00:10:18,035 Let's look at one of these other videos. 162 00:10:18,119 --> 00:10:20,621 Woman: Do you know how many times he might have fired his gun? 163 00:10:20,746 --> 00:10:22,474 Samantha: Twice. It was the first time in the arm. 164 00:10:22,498 --> 00:10:23,875 And then he fell to the ground 165 00:10:24,041 --> 00:10:25,435 and then he shot him in the stomach. 166 00:10:25,459 --> 00:10:27,295 Woman: Okay. 167 00:10:27,378 --> 00:10:28,689 Samantha: And then the first time he got hit, he fell down 168 00:10:28,713 --> 00:10:30,473 and then he shot him when he was laying down. 169 00:10:34,635 --> 00:10:38,973 She describes it as two deliberate shots 170 00:10:39,056 --> 00:10:42,018 and separated by some time frame. 171 00:10:42,185 --> 00:10:46,022 I think they're going to try to highlight that as execution style. 172 00:10:47,565 --> 00:10:51,110 And I think the state is really going to key on this testimony 173 00:10:51,235 --> 00:10:53,946 that this supports attempted first-degree murder. 174 00:10:54,071 --> 00:10:57,116 The jury's initial impression, looking at these videos, 175 00:10:57,241 --> 00:10:59,744 they're going to be staring at Stephen 176 00:10:59,869 --> 00:11:02,538 and Stephen is going to be in hot water. 177 00:11:02,705 --> 00:11:05,041 If they believe these people, 178 00:11:05,124 --> 00:11:09,712 then Stephen is going to state prison for the rest of his life. 179 00:11:30,441 --> 00:11:32,860 - Let me show you this room over here. - Jan Tripp: Okay. 180 00:11:33,027 --> 00:11:35,154 Stephen: I'll leave your bag here then, I guess. 181 00:11:35,279 --> 00:11:39,825 I'm really just here to support him any way I can. 182 00:11:43,037 --> 00:11:44,997 Steve tries to put on a tough exterior 183 00:11:45,081 --> 00:11:48,042 and act like, "I'm Superman," he does that all the time. 184 00:11:48,209 --> 00:11:52,755 But you can see the stress sort of building. 185 00:11:52,880 --> 00:11:56,342 Steve is starting to talk a lot faster. 186 00:11:56,425 --> 00:12:02,098 I can tell that he is starting to feel an anxiety of what's going to happen. 187 00:12:02,223 --> 00:12:05,476 It's nice to have my sister coming down to help me with the moral support, 188 00:12:05,601 --> 00:12:07,520 because not everybody has family 189 00:12:07,645 --> 00:12:10,398 and/or people who have family sometimes don't always help. 190 00:12:12,733 --> 00:12:16,904 Jan: I mean, it's just the whole thing is upsetting and stressful. 191 00:12:17,071 --> 00:12:18,823 He's never been arrested in his life. 192 00:12:18,948 --> 00:12:22,868 He's never had anything like this happen. 193 00:12:22,952 --> 00:12:25,079 So how do you feel about it? Like, are you nervous? 194 00:12:25,204 --> 00:12:27,790 Of course, there'll be lots of nervousness there. 195 00:12:27,915 --> 00:12:29,142 That's without a doubt, you know, 196 00:12:29,166 --> 00:12:30,543 because there's so much at stake. 197 00:12:30,668 --> 00:12:35,006 You know, of course, my biggest fear is going to prison. 198 00:12:35,089 --> 00:12:37,008 That's my biggest fear of all. 199 00:12:50,730 --> 00:12:53,441 Larry: This case hinges on the testimony of the witnesses, 200 00:12:55,151 --> 00:12:58,654 and we need to impugn or impeach 201 00:12:58,738 --> 00:13:00,323 the credibility of those witnesses 202 00:13:01,449 --> 00:13:03,034 to show the judge 203 00:13:03,159 --> 00:13:07,163 that those witnesses could not have seen what they're describing. 204 00:13:14,879 --> 00:13:19,216 Let's talk about Samantha and Jose salas. 205 00:13:19,342 --> 00:13:21,844 Samantha is convinced that she had 206 00:13:21,927 --> 00:13:25,681 an unobstructed, clear view from the passenger seat. 207 00:13:25,806 --> 00:13:28,809 All right. So Stephen's car then stops, 208 00:13:28,893 --> 00:13:31,187 would you say some, somewhere near here, Larry? 209 00:13:31,354 --> 00:13:33,564 Exactly. 210 00:13:33,731 --> 00:13:37,360 David donet Jr.: This would be Mr. Indelicato, kind of like a half a length behind him. 211 00:13:37,526 --> 00:13:41,155 - Larry: And Mrs. Indelicato comes down and she's here... - Okay. 212 00:13:41,238 --> 00:13:45,785 Larry: Behind this person is Samantha and Jose salas, 213 00:13:45,910 --> 00:13:48,371 and they are one, two, three, 214 00:13:48,454 --> 00:13:52,875 the fourth vehicle removed from the actual incident. 215 00:13:53,000 --> 00:13:55,252 So you have Jose, who's driving, 216 00:13:55,378 --> 00:13:57,838 and you have his wife, Samantha, who's in the passenger seat. 217 00:13:57,963 --> 00:13:59,090 David: Okay. 218 00:14:04,678 --> 00:14:07,973 Larry: If you look at this and you look at how that truck is positioned, 219 00:14:08,057 --> 00:14:11,852 I think there is no way that they would be able to see 220 00:14:11,936 --> 00:14:14,605 where Mr. Indelicato was on the driver's side 221 00:14:14,730 --> 00:14:17,858 and more importantly, what he was doing. 222 00:14:17,983 --> 00:14:19,878 David: I'm thinking, at the time of the shooting, 223 00:14:19,902 --> 00:14:21,662 there was at least two other cars in the way. 224 00:14:21,737 --> 00:14:23,364 They don't see anything that happens. 225 00:14:30,538 --> 00:14:32,957 Larry: This is the time stamp that's on the video 226 00:14:33,082 --> 00:14:34,959 showing where these vehicles were 227 00:14:35,084 --> 00:14:37,086 and what was happening at that exact time. 228 00:14:38,045 --> 00:14:42,174 Samantha arrives at 45:44. 229 00:14:42,258 --> 00:14:46,178 Then at 51... I mean, that's 16 seconds after Stephen 230 00:14:46,345 --> 00:14:48,180 and 15 seconds after the indelicatos. 231 00:14:48,264 --> 00:14:50,808 -That's a lot. That's a long time. -Hold on, it gets better. 232 00:14:50,933 --> 00:14:54,353 Larry: Jose and Samantha salas's SUV comes to a stop 233 00:14:54,478 --> 00:14:57,565 two seconds after the door opens in the shooting. 234 00:15:00,025 --> 00:15:01,753 David: Not to mention at the time of the shooting, 235 00:15:01,777 --> 00:15:03,937 if she's still driving, she would be even further back. 236 00:15:03,988 --> 00:15:05,698 Larry: Exactly. 237 00:15:05,823 --> 00:15:07,992 I think they could not have seen 238 00:15:08,075 --> 00:15:10,035 what they testified that they saw. 239 00:15:13,914 --> 00:15:16,167 (Music playing) 240 00:15:31,348 --> 00:15:35,019 Stephen: In my abdomen, I have two very large tumors, 241 00:15:35,102 --> 00:15:36,782 one that's a little bigger than a baseball, 242 00:15:36,854 --> 00:15:39,064 one's a little smaller than a baseball. 243 00:15:39,190 --> 00:15:42,318 The test that they did showed it to be definitively cancer. 244 00:15:46,280 --> 00:15:48,157 It's this whole entire side, the right side 245 00:15:48,282 --> 00:15:50,326 from the backbone around to the navel, 246 00:15:50,409 --> 00:15:52,495 that's where most of the pain is. 247 00:16:04,465 --> 00:16:06,634 When I sat down in the office with the doctor, 248 00:16:06,717 --> 00:16:09,637 they said it's inoperable, it's untreatable. 249 00:16:09,720 --> 00:16:11,931 There's nothing we can do but mitigate the pain. 250 00:16:14,600 --> 00:16:16,852 That's why I'm pushing so hard to clear my name 251 00:16:16,977 --> 00:16:18,854 and clear my family's reputation 252 00:16:18,938 --> 00:16:20,981 because I don't have a whole lot of time. 253 00:16:22,816 --> 00:16:24,485 If I ended up going to prison, 254 00:16:24,610 --> 00:16:26,278 it would definitely be the end of my life, 255 00:16:26,403 --> 00:16:28,280 because if I've only got 12 months left, 256 00:16:28,405 --> 00:16:30,533 guess what? I'm going to die. 257 00:16:33,911 --> 00:16:35,871 Larry: When Stephen shared his news, 258 00:16:35,955 --> 00:16:38,999 he had told me, "I want you to do whatever you need to do 259 00:16:39,083 --> 00:16:44,296 "to make sure that this case is brought to a conclusion before I pass, 260 00:16:44,380 --> 00:16:46,882 "because I want my name cleared." 261 00:16:47,049 --> 00:16:51,303 So we've moved forward with this case as quickly as possible. 262 00:16:51,387 --> 00:16:56,559 I really have the motivation to win this case for Stephen, 263 00:16:56,684 --> 00:16:58,394 um, and I don't want to lose it. 264 00:17:09,196 --> 00:17:13,367 Larry: Understanding that Stephen's got a terminal diagnosis, 265 00:17:13,492 --> 00:17:15,536 we have a limited amount of time. 266 00:17:17,246 --> 00:17:21,584 The key question is about who the aggressor is 267 00:17:21,709 --> 00:17:25,004 and the aggressor is the one who opened the door. 268 00:17:25,087 --> 00:17:27,006 And that's what we really need to determine. 269 00:17:36,181 --> 00:17:38,350 We have a short clip of video here 270 00:17:38,517 --> 00:17:40,686 that shows the truck door opening. 271 00:17:42,563 --> 00:17:43,939 This is Stephen. 272 00:17:44,064 --> 00:17:45,316 That's his truck. 273 00:17:47,943 --> 00:17:50,029 Here is the victim. 274 00:17:50,154 --> 00:17:51,214 That's the motorcycle right there. 275 00:17:51,238 --> 00:17:52,364 Now he's getting off. 276 00:17:52,531 --> 00:17:53,811 You see him getting off the bike? 277 00:17:55,451 --> 00:17:58,412 The video shows that door springing wide open 278 00:17:58,537 --> 00:18:02,374 and immediately springing back, immediately. 279 00:18:02,458 --> 00:18:07,129 You can see what appears to be indelicato's left arm, 280 00:18:07,212 --> 00:18:11,717 reaching forward and coming back as the door opens. 281 00:18:14,553 --> 00:18:16,096 The video evidence we have in this case 282 00:18:16,221 --> 00:18:20,476 is pretty significant, um, but it's not complete. 283 00:18:22,227 --> 00:18:23,646 It's black and white, grainy. 284 00:18:23,729 --> 00:18:29,068 You can't quite see his hand on the door handle pulling it open. 285 00:18:29,234 --> 00:18:31,028 And so for that reason, 286 00:18:31,195 --> 00:18:33,405 I've asked Stephen to come down with the truck 287 00:18:33,530 --> 00:18:36,659 so that we can go out and we can recreate the situation. 288 00:18:38,952 --> 00:18:42,206 So I get a better understanding of how that door opens 289 00:18:42,373 --> 00:18:44,249 and how Stephen was reacting inside that truck. 290 00:18:47,002 --> 00:18:48,671 - Hey, Stephen. - Hey, Larry. How are you? 291 00:18:48,796 --> 00:18:51,090 -How is it going? Good to see ya. -Fine. 292 00:18:52,800 --> 00:18:56,303 This is the truck that you had August of 2019? 293 00:18:56,387 --> 00:18:58,055 Yes, sir, that is correct. 294 00:18:58,180 --> 00:19:01,684 Let's... let's take a look inside. So take a seat inside the truck. 295 00:19:01,850 --> 00:19:03,560 Stephen: All right. 296 00:19:03,727 --> 00:19:05,854 I take off my shoes, actually, to drive. 297 00:19:06,021 --> 00:19:07,541 - It gives me more room. - Larry: Okay. 298 00:19:07,648 --> 00:19:09,441 Show me what you do and what happens. 299 00:19:09,566 --> 00:19:12,166 Stephen: My first thing was that when I looked in the mirror, okay, 300 00:19:12,277 --> 00:19:14,029 I saw them all come up behind me. 301 00:19:14,196 --> 00:19:16,323 That's when I reached down like this. 302 00:19:16,407 --> 00:19:19,201 I'm looking down like this and I pulled it out, okay? 303 00:19:19,326 --> 00:19:23,414 I pulled out the pistol and I've got it and I cocked it immediately, okay? 304 00:19:23,539 --> 00:19:25,374 - So you hear the bang. - Stephen: Right. 305 00:19:25,499 --> 00:19:27,835 And what do you do? Let's see how you move. 306 00:19:27,960 --> 00:19:30,546 - You shift or what. - Bam! 307 00:19:30,671 --> 00:19:32,524 Larry: You hear the sound from the driver's side? 308 00:19:32,548 --> 00:19:34,192 Stephen: Like the door starts to open, okay? 309 00:19:34,216 --> 00:19:37,261 The thing was when I turn, I just turn like this and fired at him. 310 00:19:40,806 --> 00:19:43,934 Larry: I want to see you pull the handle to unlock 311 00:19:44,059 --> 00:19:45,185 and then kick the door. 312 00:19:45,310 --> 00:19:46,729 - Okay. - You know what I mean? 313 00:19:46,895 --> 00:19:48,147 Yes, I think so. 314 00:19:53,235 --> 00:19:55,612 David: It's too slow, it doesn't make any sense. 315 00:19:55,738 --> 00:19:59,241 Larry: Not only is it slow, but he's got his foot bracing the door. 316 00:19:59,408 --> 00:20:01,493 The door doesn't spring back and close 317 00:20:01,577 --> 00:20:03,412 - the way it did in the video. - David: Right. 318 00:20:03,537 --> 00:20:05,377 So I don't think there's any way that happened. 319 00:20:06,206 --> 00:20:07,708 Maybe it's like this. 320 00:20:10,335 --> 00:20:13,505 Bang, boom, 321 00:20:13,630 --> 00:20:16,467 and then he falls away to the left. 322 00:20:16,592 --> 00:20:19,136 Yes, exactly. 323 00:20:19,261 --> 00:20:20,661 Larry: All right. I think we got it. 324 00:20:22,347 --> 00:20:23,849 That was fantastic. 325 00:20:25,184 --> 00:20:26,685 After looking at the truck, 326 00:20:26,852 --> 00:20:29,480 I think that Stephen didn't open that door, 327 00:20:29,563 --> 00:20:32,733 and that he was completely justified in shooting. 328 00:20:41,992 --> 00:20:44,328 I'm going over to visit some friends today. 329 00:20:46,663 --> 00:20:49,541 Joey and marta helped me, you know, a lot of times 330 00:20:49,625 --> 00:20:51,794 getting through things, somebody I could talk with. 331 00:20:54,046 --> 00:20:57,508 When this thing happened with me two years ago and all, 332 00:20:57,633 --> 00:21:00,761 it ended up that a lot of people automatically assumed 333 00:21:00,886 --> 00:21:02,513 that I was a bad person. 334 00:21:04,932 --> 00:21:08,268 I had this one guy and we'd known each other for 32 years, right? 335 00:21:08,393 --> 00:21:11,355 And after this happened, I never heard from him again. 336 00:21:11,480 --> 00:21:13,774 We always just said, "brothers from another mother." 337 00:21:13,899 --> 00:21:16,610 And it turned out he wasn't a friend at all. 338 00:21:20,239 --> 00:21:22,550 That's one thing, I guess, when you go through something like this 339 00:21:22,574 --> 00:21:27,830 is that, you know, sometimes you're all alone at it. 340 00:21:27,913 --> 00:21:29,915 Okay. Phew. 341 00:21:38,465 --> 00:21:39,609 - How's it going, buddy? - How are you, pal? 342 00:21:39,633 --> 00:21:42,678 - Good to see you. - You too. Definitely. Thank you. 343 00:21:44,763 --> 00:21:46,515 Stephen: This is flan with cheese. 344 00:21:46,640 --> 00:21:49,017 - I never heard of that. - I know. And neither have I. 345 00:21:49,142 --> 00:21:52,437 Here's to health, good fortune to all. 346 00:21:58,110 --> 00:22:01,029 Joey Blair: I've known Steve for about six years. 347 00:22:01,113 --> 00:22:03,323 To me, everybody gets the benefit of the doubt. 348 00:22:05,284 --> 00:22:06,952 - We all pray for you. - Thank you. 349 00:22:07,077 --> 00:22:09,037 I mean, in every which way. 350 00:22:09,204 --> 00:22:10,539 Stephen: Thank you. 351 00:22:10,622 --> 00:22:13,667 I appreciate you and your friendship for that long. 352 00:22:13,750 --> 00:22:16,230 - That was kind of why I'm bringing this over. - That's a given. 353 00:22:18,589 --> 00:22:21,967 I'm glad to be his friend. I'm glad to be there for him. 354 00:22:22,092 --> 00:22:24,261 I'll always be there for him. 355 00:22:24,386 --> 00:22:28,932 It's a very small band of brothers. 356 00:22:29,057 --> 00:22:32,853 And, you know, they say, keep your friends close. 357 00:22:34,897 --> 00:22:37,482 Forget about your enemies, just keep your friends close. 358 00:22:53,749 --> 00:22:57,502 Larry: I'm looking at John indelicato's injuries. 359 00:22:57,586 --> 00:22:59,504 Essentially what we're seeing here 360 00:22:59,630 --> 00:23:04,343 is just literally a stump where his left leg used to be. 361 00:23:09,973 --> 00:23:12,643 You can see his right leg, 362 00:23:12,726 --> 00:23:16,688 a portion of his foot has also been amputated. 363 00:23:16,855 --> 00:23:19,399 The bullet that went into the midsection 364 00:23:19,524 --> 00:23:22,861 also may have ricocheted off of a bone, 365 00:23:23,028 --> 00:23:26,198 which then caused extensive internal bleeding. 366 00:23:26,323 --> 00:23:30,452 There was then gangrene setting in on the, uh, the legs. 367 00:23:30,577 --> 00:23:32,788 And that's why they had to amputate. 368 00:23:36,750 --> 00:23:39,002 It just shows how deadly a firearm can be. 369 00:23:41,588 --> 00:23:43,382 And it's going to be tough for the jury 370 00:23:43,507 --> 00:23:46,426 to look at these pictures and weigh that. 371 00:23:46,551 --> 00:23:49,513 He wasn't armed, um, 372 00:23:49,596 --> 00:23:51,890 and he was merely approaching 373 00:23:52,015 --> 00:23:55,227 to speak to him, to yell at him, to curse at him. 374 00:23:55,394 --> 00:23:59,564 I think it's going to give the jury, judge significant pause 375 00:23:59,690 --> 00:24:02,317 when they look at that and really think hard. 376 00:24:02,401 --> 00:24:03,944 Is it reasonable? 377 00:24:16,373 --> 00:24:19,876 Larry: I believe Stephen was afraid of Mr. Indelicato. 378 00:24:20,002 --> 00:24:22,671 I believe that he was in fear for his life, 379 00:24:24,506 --> 00:24:27,676 but I need to have more details 380 00:24:27,801 --> 00:24:30,095 as to what motivated him to pick up that firearm. 381 00:24:37,853 --> 00:24:41,023 I'm looking at a police report from a number of years ago. 382 00:24:41,189 --> 00:24:45,527 And in this case, Stephen was the victim of an armed robbery and he was shot. 383 00:24:45,610 --> 00:24:49,322 And I need to see if it would be somewhat similar 384 00:24:49,406 --> 00:24:51,575 to what happened in this incident 385 00:24:51,742 --> 00:24:54,494 so that we would be able to utilize it in this court. 386 00:25:01,835 --> 00:25:03,920 I just need to know the details, 387 00:25:04,046 --> 00:25:08,341 the facts, the circumstances as they occurred on this case. 388 00:25:08,425 --> 00:25:11,553 We pulled up to the gas pump. When I got out of the car to get the gas, 389 00:25:11,678 --> 00:25:15,766 all of a sudden he came from behind the car and he had the gun in his hand. 390 00:25:15,891 --> 00:25:18,727 He steps out with the gun like this, okay, and has his hand like this. 391 00:25:18,894 --> 00:25:21,688 And then he closes his hand and grabs me by the arm. 392 00:25:21,855 --> 00:25:24,399 So then he says, "give me your wallet." 393 00:25:24,524 --> 00:25:26,401 You know, we carried a gun. 394 00:25:26,526 --> 00:25:28,487 I reached down, grabbed the gun 395 00:25:28,570 --> 00:25:30,447 and fired over my shoulder. Okay? 396 00:25:30,572 --> 00:25:32,866 And when I turned, as far as he fired, 397 00:25:32,991 --> 00:25:34,743 he fired to shoot me in the chest. 398 00:25:37,454 --> 00:25:39,081 That's when I saw the blood running down. 399 00:25:39,206 --> 00:25:41,517 He fired to shoot me in the chest, but it shattered his wrist. 400 00:25:41,541 --> 00:25:45,504 And as I stepped out of the car, he turned around and shot me again. Okay? 401 00:25:45,629 --> 00:25:47,714 And then that time, he hit me through the leg. 402 00:25:47,839 --> 00:25:49,883 I told my ex-wife to drive. 403 00:25:50,008 --> 00:25:52,168 Then we left and I got her to drive me to the hospital. 404 00:25:54,805 --> 00:25:56,932 Do you see any similarities between 405 00:25:57,057 --> 00:26:00,268 what happened to you in '94 and what happened to you in 2019? 406 00:26:00,393 --> 00:26:02,229 How can you not? 407 00:26:02,354 --> 00:26:04,815 You know, how can you not remember you were already shot twice? 408 00:26:16,660 --> 00:26:18,537 Stephen: I know that after '94, 409 00:26:18,662 --> 00:26:20,872 I'm more aware. 410 00:26:21,039 --> 00:26:22,642 - You realize you can be gone very quickly like that. - (Snaps fingers) 411 00:26:22,666 --> 00:26:26,837 You realize that, you know, you don't have tomorrow necessarily. 412 00:26:26,920 --> 00:26:30,674 I'm more conscious about trying to take evasive action 413 00:26:30,757 --> 00:26:32,551 because, I mean, you know, you get shot twice 414 00:26:32,717 --> 00:26:36,157 and each bullet's an inch away from killing you, you don't want to try for a third time. 415 00:26:54,364 --> 00:26:57,826 Stephen: Within one month, the tumors have increased 50% in size. 416 00:26:57,909 --> 00:27:00,328 The biggest tumor pushes against the back 417 00:27:00,412 --> 00:27:03,832 and then the other one pushes against the liver, 418 00:27:03,915 --> 00:27:06,835 which causes the fluid retention in the abdomen. 419 00:27:06,960 --> 00:27:08,920 So it's the abdomen has gotten a whole lot bigger. 420 00:27:09,421 --> 00:27:11,548 (Exhales) 421 00:27:11,715 --> 00:27:15,051 It's out of my control of how I deal with my body. 422 00:27:15,177 --> 00:27:18,597 The doctors have told me I can die tonight, tomorrow, whenever. 423 00:27:19,806 --> 00:27:21,683 Nobody's really ever prepared for that. 424 00:27:21,850 --> 00:27:24,144 And so that's where the stress comes in. 425 00:27:24,269 --> 00:27:27,105 Because every day, I have to keep waiting 426 00:27:27,230 --> 00:27:30,400 there's a possibility of me not actually making it to the trial. 427 00:27:55,759 --> 00:27:59,137 After reviewing all of evidence that we have, 428 00:27:59,221 --> 00:28:02,933 the police reports, the surveillance video, the body wear-camera video 429 00:28:03,058 --> 00:28:06,311 and understanding Stephen's diagnosis, 430 00:28:06,394 --> 00:28:11,024 I've been thinking about how to bring this case to a resolution more quickly. 431 00:28:11,149 --> 00:28:13,735 And what I've concluded is I think it's best 432 00:28:13,860 --> 00:28:19,032 and I prepared and filed what's called a "stand-your-ground" motion, 433 00:28:19,157 --> 00:28:22,160 a motion to dismiss the case. 434 00:28:22,244 --> 00:28:26,706 And if we are able to establish self-defense in this case, 435 00:28:26,873 --> 00:28:28,375 Stephen is entitled to immunity. 436 00:28:29,668 --> 00:28:31,211 So Stephen, 437 00:28:31,378 --> 00:28:34,506 - the stand-your-ground motion has been filed. - Okay, right. 438 00:28:34,589 --> 00:28:37,008 Technically what we're asking for 439 00:28:37,175 --> 00:28:40,720 is we're asking judge Coleman to make a finding 440 00:28:40,845 --> 00:28:43,348 that you should be immune from prosecution. 441 00:28:45,684 --> 00:28:47,269 All right, okay. 442 00:28:47,394 --> 00:28:49,521 Stephen: Whatever amount of time I do have left, 443 00:28:49,646 --> 00:28:51,523 then I can go ahead and live my life. 444 00:28:51,648 --> 00:28:53,483 That's my biggest thing. 445 00:28:53,608 --> 00:28:55,402 - We have a hearing set. - Okay. 446 00:28:55,527 --> 00:28:57,904 - The hearing is set for next Wednesday. - Okay. 447 00:28:58,029 --> 00:28:59,864 - I'm confident. - Okay, that's... 448 00:28:59,948 --> 00:29:02,148 I'm confident. But, Stephen, I can't predict the future. 449 00:29:08,748 --> 00:29:11,042 Stephen: This is very poignant for me. 450 00:29:11,167 --> 00:29:12,752 I feel even more confident, 451 00:29:12,877 --> 00:29:15,463 that I don't have to just, like, act like 452 00:29:15,588 --> 00:29:17,628 I did the right thing and say I did the right thing, 453 00:29:17,674 --> 00:29:21,136 that by that law, that law will show I did the right thing. 454 00:29:21,261 --> 00:29:24,014 If I can get through this, I can clear my family's name. 455 00:29:24,097 --> 00:29:27,017 And so, you know, I want to die with my name intact, 456 00:29:27,100 --> 00:29:29,728 my reputation intact. That's what I want. 457 00:29:39,487 --> 00:29:41,614 Stephen: I was up at 4:00, 458 00:29:41,740 --> 00:29:43,325 couldn't sleep at all last night. 459 00:29:46,703 --> 00:29:48,371 There's a lot more anxiety. 460 00:29:48,496 --> 00:29:50,457 If the worst-case scenario was to happen, 461 00:29:50,582 --> 00:29:53,168 there's no way I'll ever make 25 years in prison. 462 00:30:15,857 --> 00:30:19,611 Larry: The presentation is going to be the same as if we were in trial 463 00:30:19,736 --> 00:30:21,321 and we were presenting it to a jury. 464 00:30:23,156 --> 00:30:26,701 But we are presenting only to the judge. 465 00:30:26,785 --> 00:30:28,995 And there's less likelihood 466 00:30:29,079 --> 00:30:33,375 that we're going to be able to persuade him with passionate arguments. 467 00:30:37,462 --> 00:30:39,743 - Does the state wish to call a witness? - Yes, your honor. 468 00:30:39,839 --> 00:30:42,926 At this time the state will call Samantha salas. 469 00:30:44,594 --> 00:30:48,515 How quickly did you perceive that this event unfolded? 470 00:30:48,681 --> 00:30:49,974 (Samantha speaking) 471 00:30:57,273 --> 00:30:58,273 Okay. 472 00:31:08,618 --> 00:31:12,956 At the traffic light, you're in the center Lane, correct? 473 00:31:13,081 --> 00:31:14,416 (Samantha speaking) 474 00:31:14,541 --> 00:31:18,336 And you said you were 10 feet from the incident. 475 00:31:18,461 --> 00:31:20,004 (Samantha speaking) 476 00:31:20,130 --> 00:31:23,383 Larry: Can you look at the screen and tell me when you see he dismounts? 477 00:31:24,717 --> 00:31:27,470 (Samantha speaking) 478 00:31:28,304 --> 00:31:29,389 Larry: Do you see your car? 479 00:31:31,766 --> 00:31:33,560 (Samantha speaking) 480 00:31:33,685 --> 00:31:36,521 Larry: Your car's not there yet. Your car's not in the screen. 481 00:31:36,604 --> 00:31:40,692 But you're telling us that you were right there within 10 feet 482 00:31:40,817 --> 00:31:41,901 when he gets off the bike. 483 00:31:43,945 --> 00:31:45,363 How's that possible? 484 00:31:45,447 --> 00:31:48,575 (Samantha speaking) 485 00:31:48,700 --> 00:31:50,201 See that. 486 00:31:50,285 --> 00:31:51,369 Yes. 487 00:31:51,494 --> 00:31:53,371 Can you identify that? 488 00:31:53,455 --> 00:31:56,166 (Samantha speaking) 489 00:31:56,249 --> 00:31:59,419 And that is what, seconds after this incident. 490 00:32:00,879 --> 00:32:03,715 Very emotional and she's very emotional. 491 00:32:03,840 --> 00:32:06,026 Larry: And you guys were all just milling about together, 492 00:32:06,050 --> 00:32:08,690 over there waiting for the detective to come to take your statement? 493 00:32:08,720 --> 00:32:10,013 (Samantha speaking) 494 00:32:10,180 --> 00:32:12,340 And you guys are periodically discussing what happened. 495 00:32:13,308 --> 00:32:16,311 Do you think that it's reasonable to say 496 00:32:16,394 --> 00:32:20,023 that maybe some of the descriptions people were giving 497 00:32:20,148 --> 00:32:22,859 is something that you incorporated into your memory? 498 00:32:22,984 --> 00:32:25,320 Versus you actually seeing it? 499 00:32:34,287 --> 00:32:36,498 I don't have any more questions. Thank you very much. 500 00:32:37,957 --> 00:32:39,042 Judge: Thank you. 501 00:32:57,685 --> 00:33:01,314 Stephen: The thing that I still have when I look at him is fear. 502 00:33:01,397 --> 00:33:03,608 Because I'll always associate him with an attack. 503 00:33:07,403 --> 00:33:09,684 - Judge: Your witness. - Prosecutor: Thank you, your honor. 504 00:33:10,198 --> 00:33:12,367 You and Lori are riding on 95. 505 00:33:12,492 --> 00:33:14,577 Did there come a point in time where there was 506 00:33:14,702 --> 00:33:16,996 any specific vehicle that drew your attention? 507 00:33:18,414 --> 00:33:21,000 Prosecutor: Okay, why did this white pickup truck 508 00:33:21,084 --> 00:33:22,844 capture your attention at that point in time? 509 00:33:24,879 --> 00:33:26,506 Prosecutor: Describe that. 510 00:33:29,592 --> 00:33:33,555 Prosecutor: Did the pickup truck interact with Lori or cut Lori off in anyway? 511 00:33:33,721 --> 00:33:35,348 (John speaking) 512 00:33:35,473 --> 00:33:38,309 Prosecutor: Were you frustrated that this driver 513 00:33:38,393 --> 00:33:39,953 could have killed one of the two of you? 514 00:33:43,606 --> 00:33:47,068 When you stopped right behind him on the side, 515 00:33:47,235 --> 00:33:49,696 you're going to approach for what reason? 516 00:33:49,821 --> 00:33:53,032 (John speaking) 517 00:34:00,498 --> 00:34:03,042 Did you open the door of the pickup truck? 518 00:34:23,062 --> 00:34:24,439 Prosecutor: No further quetions. 519 00:34:27,775 --> 00:34:31,696 Larry: We're convinced that John indelicato opened the door 520 00:34:31,863 --> 00:34:36,451 but the video surveillance evidence is not completely conclusive. 521 00:34:37,201 --> 00:34:38,620 As a result, 522 00:34:38,745 --> 00:34:41,581 we've got to resort to an alternative strategy, 523 00:34:41,706 --> 00:34:44,584 and that's to attack and undermine 524 00:34:44,709 --> 00:34:47,128 the credibility of John indelicato. 525 00:34:50,381 --> 00:34:54,093 Do you think on August 24th, 2019, 526 00:34:54,218 --> 00:34:58,181 do you think he was aggressively trying to run either you or your wife off the road? 527 00:34:58,306 --> 00:34:59,515 (John speaking) 528 00:34:59,641 --> 00:35:00,641 Did it anger you? 529 00:35:02,852 --> 00:35:06,481 Larry: You wouldn't say that you were upset or angry at all? Zero? 530 00:35:09,776 --> 00:35:13,071 Larry: You previously testified that what the truck did 531 00:35:13,196 --> 00:35:16,532 in your 40 years of riding a motorcycle, 532 00:35:16,658 --> 00:35:20,244 you've never seen anybody cut off that severely? 533 00:35:22,080 --> 00:35:24,874 Larry: Right? 534 00:35:24,999 --> 00:35:31,798 And despite that being the worst incident of somebody being cut off in 40 years, 535 00:35:31,881 --> 00:35:33,216 you didn't get upset at all? 536 00:35:37,178 --> 00:35:39,472 Have you ever been convicted of a felony? 537 00:35:42,016 --> 00:35:43,601 Larry: How many convictions do you have? 538 00:35:46,479 --> 00:35:48,356 Larry: Isn't it, in fact, four? 539 00:35:53,611 --> 00:35:55,530 Do you consider yourself a safe driver? 540 00:36:00,243 --> 00:36:02,161 Is it a crime to race on the highway? 541 00:36:04,122 --> 00:36:05,707 Have you ever raced on a highway? 542 00:36:11,838 --> 00:36:13,423 Larry: I don't have any more questions. 543 00:36:24,976 --> 00:36:26,769 (Indistinct chatter) 544 00:36:41,200 --> 00:36:44,203 Larry: You okay? Examination... 545 00:36:45,079 --> 00:36:47,331 Um, Mr. Tripp, 546 00:36:47,415 --> 00:36:51,294 do you remember, um, Sunday August 28, 1994? 547 00:37:00,970 --> 00:37:02,305 What... what ultimately happened? 548 00:37:02,430 --> 00:37:03,514 (Stephen speaking) 549 00:37:04,932 --> 00:37:06,012 Larry: Where were you shot? 550 00:37:14,567 --> 00:37:17,695 Did that have an impact on your life from that point forward? 551 00:37:17,779 --> 00:37:19,322 (Stephen speaking) 552 00:37:19,447 --> 00:37:22,200 So you live with more of, what, of a heightened sense of awareness? 553 00:37:22,325 --> 00:37:23,785 (Stephen speaking) 554 00:37:23,910 --> 00:37:26,579 An awareness for what? 555 00:37:26,704 --> 00:37:29,373 Larry: What is it that you're guarding against or looking out for? 556 00:37:33,252 --> 00:37:36,714 Let's move forward to August 24th, 2019. 557 00:37:36,839 --> 00:37:38,674 Why did you fire the gun? 558 00:37:42,386 --> 00:37:44,889 And how did that make you feel? 559 00:37:47,099 --> 00:37:48,726 (Chuckles nervously) 560 00:37:51,229 --> 00:37:52,772 Larry: You don't want to what? 561 00:38:01,280 --> 00:38:05,117 Larry: Um, thank you very much, judge. I don't have any more questions for him at this time. 562 00:38:05,243 --> 00:38:06,953 Judge: Okay. Cross-examination. 563 00:38:07,078 --> 00:38:08,746 Prosecutor: Thank you. 564 00:38:08,913 --> 00:38:13,209 So let's talk about the date of incident that brought us here. 565 00:38:13,334 --> 00:38:17,421 You didn't even know if it was a male or female. You didn't know who was there, 566 00:38:17,547 --> 00:38:19,882 just your door open and you shot, right? 567 00:38:22,343 --> 00:38:23,511 Prosecutor: Someone? 568 00:38:24,679 --> 00:38:26,931 Prosecutor: Right. Could have been a child. 569 00:38:28,432 --> 00:38:31,769 You don't know who was at your door. 570 00:38:33,229 --> 00:38:35,022 Male, female, young or old. 571 00:38:35,147 --> 00:38:36,983 And you shot. Correct? 572 00:38:37,066 --> 00:38:38,192 (Stephen speaking) 573 00:38:38,317 --> 00:38:39,597 Prosecutor: No further questions. 574 00:38:51,038 --> 00:38:54,625 Prosecutor: There was zero testimony on either side 575 00:38:54,750 --> 00:38:58,754 that the victim was armed in any way, 576 00:38:58,880 --> 00:39:00,423 shape or form. 577 00:39:01,299 --> 00:39:04,594 In order to assert immunity 578 00:39:04,719 --> 00:39:06,470 in a stand-your-ground hearing, 579 00:39:06,554 --> 00:39:09,807 you need to have imminent deadly force coming at you. 580 00:39:09,891 --> 00:39:12,018 The defendant testified 581 00:39:12,184 --> 00:39:15,688 that the door suddenly opened and he didn't even see what he shot. 582 00:39:15,771 --> 00:39:18,190 How can you argue 583 00:39:18,316 --> 00:39:21,736 that you were under such fear for your life, 584 00:39:21,861 --> 00:39:23,988 if you don't even know who or what you shot? 585 00:39:25,281 --> 00:39:28,534 Judge, this is not wild, wild west. 586 00:39:28,701 --> 00:39:31,370 "I shoot whatever comes near my vehicle." 587 00:39:31,495 --> 00:39:34,665 It is not, "I'm in fear because of a prior incident, 588 00:39:34,749 --> 00:39:38,085 "so I'm going to shoot first and ask questions later." 589 00:39:39,003 --> 00:39:40,796 And so, 590 00:39:40,880 --> 00:39:44,884 the state is asking this court to deny the defendant's motion for immunity. 591 00:39:46,886 --> 00:39:49,430 Larry: Stephen was cornered, attacked. 592 00:39:49,555 --> 00:39:53,684 He reasonably believed that the use of deadly force 593 00:39:53,851 --> 00:39:57,855 was necessary to prevent his death. 594 00:39:57,980 --> 00:39:59,523 And in Florida, 595 00:39:59,607 --> 00:40:04,570 you do not have to wait until a subject has hands on you 596 00:40:04,737 --> 00:40:06,864 until there's actual harm. 597 00:40:06,989 --> 00:40:10,159 You can shoot that person right there, judge. 598 00:40:10,242 --> 00:40:11,562 Thank you very much for your time. 599 00:40:21,212 --> 00:40:22,880 Larry: All right, judge. Thank you. 600 00:40:26,300 --> 00:40:31,347 I think that we've done everything that we could do. 601 00:40:31,472 --> 00:40:33,766 It's the burden of the prosecutor 602 00:40:33,891 --> 00:40:38,270 to convince the judge that Stephen is not entitled to immunity 603 00:40:38,396 --> 00:40:40,690 and that's a pretty high burden. 604 00:40:40,815 --> 00:40:44,527 But if the judge denies our motion, 605 00:40:44,694 --> 00:40:50,533 I think Stephen is probably not going to survive the second round of this. 606 00:40:50,658 --> 00:40:54,537 Which will then mean his legacy will be forever known 607 00:40:54,662 --> 00:40:57,415 as the person charged with attempted murder. 608 00:40:57,581 --> 00:40:59,458 And now, it's just we wait. 609 00:41:16,267 --> 00:41:18,102 Larry: So, um... 610 00:41:19,311 --> 00:41:22,356 It's an eight-page document. 611 00:41:22,481 --> 00:41:26,861 But all you really need to read is just the title of the document. 612 00:41:28,696 --> 00:41:33,159 We have the judge's order granting immunity and dismissal. 613 00:41:41,250 --> 00:41:43,210 Stephen: Hello? Larry: Steve. 614 00:41:43,377 --> 00:41:44,657 I've got some great news for you. 615 00:41:44,712 --> 00:41:46,172 The case is over. 616 00:41:46,338 --> 00:41:47,965 The judge has declared you 617 00:41:48,049 --> 00:41:50,176 immune from prosecution 618 00:41:50,259 --> 00:41:53,679 and entered an order granting dismissal of the charges. 619 00:41:53,804 --> 00:41:57,183 Effectively the prosecution of you has ended. 620 00:41:57,266 --> 00:41:58,517 It's over. 621 00:41:58,642 --> 00:41:59,828 Stephen: I really appreciate it. 622 00:41:59,852 --> 00:42:01,103 Larry: See you soon, bye. 623 00:42:17,578 --> 00:42:19,663 Stephen: It's hard for you to understand 624 00:42:21,332 --> 00:42:24,335 all the stress that's been going on for two years, 625 00:42:24,460 --> 00:42:25,795 and once it's finally over with, 626 00:42:25,920 --> 00:42:27,922 it's hard to kind of, you know... 627 00:42:28,923 --> 00:42:29,924 (Exhales) 628 00:42:31,175 --> 00:42:32,635 It's hard just to let it go. 629 00:42:35,805 --> 00:42:38,224 The relief that I'm finally free 630 00:42:38,349 --> 00:42:41,352 and the rest of my life is not going to be spent in prison, 631 00:42:41,519 --> 00:42:42,937 it is indescribable. 632 00:42:45,481 --> 00:42:49,068 When somebody hears my name now, I'm no longer considered a killer. 633 00:42:51,904 --> 00:42:55,407 I can spend the rest of my life or whatever time I have left 634 00:42:55,533 --> 00:42:56,826 doing what I want to do.