1 00:00:06,590 --> 00:00:08,880 (Operator speaking) 2 00:00:09,009 --> 00:00:10,929 (Woman speaking) 3 00:00:13,805 --> 00:00:16,225 (Operator and woman speaking) 4 00:00:25,359 --> 00:00:27,489 (Operator and woman speaking) 5 00:00:40,541 --> 00:00:42,961 (Woman speaking) 6 00:00:43,085 --> 00:00:44,455 Officer: Put your hands in the air! 7 00:00:50,342 --> 00:00:52,802 He was going nuts, he went freaking nuts, 8 00:00:52,886 --> 00:00:54,716 the guy with the gun went freaking nuts. 9 00:00:54,846 --> 00:00:57,196 He's ready to blast away anyone that walked up to that truck. 10 00:00:57,224 --> 00:00:59,314 Officer: Right. 11 00:00:59,393 --> 00:01:01,623 Stephen Tripp: I've never done anything like this before. 12 00:01:01,645 --> 00:01:04,015 I've gone over the situation many times in my head, 13 00:01:04,147 --> 00:01:06,317 and I firmly believe that 14 00:01:06,441 --> 00:01:08,321 there was nothing I could have done differently. 15 00:01:35,012 --> 00:01:36,642 My name is Larry mcmillan. 16 00:01:36,722 --> 00:01:38,182 I'm a criminal defense lawyer, 17 00:01:39,433 --> 00:01:41,273 and I represent Stephen Tripp 18 00:01:41,393 --> 00:01:44,153 who's charged with attempted murder in the first degree. 19 00:01:44,313 --> 00:01:47,073 He's looking at life in prison. 20 00:01:48,859 --> 00:01:51,489 According to Mr. Tripp, he was out driving one night 21 00:01:51,612 --> 00:01:55,372 and found himself in a violent driving exchange 22 00:01:55,490 --> 00:01:58,200 between motorcyclists and himself. 23 00:01:59,494 --> 00:02:01,834 It became almost like a dance 24 00:02:01,955 --> 00:02:04,035 between the motorcyclists and Stephen, 25 00:02:04,207 --> 00:02:06,957 as they were trying to corral or cut him off 26 00:02:07,127 --> 00:02:10,417 and as he was trying to elude or evade them. 27 00:02:11,882 --> 00:02:13,842 Ultimately they came to a stop 28 00:02:13,967 --> 00:02:17,297 at a traffic light on hallandale beach boulevard. 29 00:02:17,471 --> 00:02:18,971 Stephen's account is that 30 00:02:19,139 --> 00:02:22,309 the female motorcyclist starts to scream at him 31 00:02:22,434 --> 00:02:24,604 and confront him from the passenger side. 32 00:02:24,728 --> 00:02:28,818 Simultaneously, the male motorcyclist gets off his motorcycle, 33 00:02:28,982 --> 00:02:30,822 approaches the driver's side door. 34 00:02:30,942 --> 00:02:33,322 Stephen hears a loud bang. 35 00:02:33,445 --> 00:02:35,985 We believe that was the victim striking the door. 36 00:02:36,073 --> 00:02:40,913 And as a result of that, Stephen instinctively fires two shots. 37 00:02:41,036 --> 00:02:46,626 They struck the victim, which resulted in severe injury and permanent disability. 38 00:02:48,085 --> 00:02:49,335 In the state of Florida, 39 00:02:49,461 --> 00:02:52,421 a person is entitled to use deadly force 40 00:02:52,506 --> 00:02:56,756 if they reasonably fear that their life is in peril. 41 00:02:56,885 --> 00:03:00,555 And that's exactly what I believe happened in this situation. 42 00:03:00,681 --> 00:03:04,941 The male motorcyclist was attacking Stephen, 43 00:03:05,018 --> 00:03:07,518 and Stephen was merely defending himself. 44 00:03:20,701 --> 00:03:23,661 Stephen: I'm accused of something that is very serious 45 00:03:26,039 --> 00:03:30,459 and, on the surface, would seem like a very violent thing. 46 00:03:36,675 --> 00:03:40,005 My life right now has been put on hold for two years. 47 00:03:40,137 --> 00:03:41,757 I can't go out of the state of Florida... 48 00:03:41,888 --> 00:03:45,098 Burning up all my savings because I can't get a job. 49 00:03:45,183 --> 00:03:48,403 Looking at the charges and everything, okay, and what happened to the other man, 50 00:03:48,520 --> 00:03:50,270 I'm looked at as a person who 51 00:03:50,355 --> 00:03:52,565 tries to hurt people or wants to hurt people, 52 00:03:54,192 --> 00:03:56,612 whereas in reality, I do stay calm. 53 00:03:56,737 --> 00:03:59,407 As long as you're not aggressive toward me, I'm not aggressive. 54 00:04:09,750 --> 00:04:12,840 Larry mcmillian: What I'd like to do is I'd like to talk to Stephen 55 00:04:12,961 --> 00:04:16,801 about the actual circumstances as what he recalls 56 00:04:16,882 --> 00:04:20,802 occurring that early evening back in August of 2019. 57 00:04:26,349 --> 00:04:28,559 Larry: Stephen. Come into my office. 58 00:04:28,685 --> 00:04:30,515 Right over here to the left. Come on in. 59 00:04:35,609 --> 00:04:38,149 They have you charged with attempted first degree murder, 60 00:04:38,278 --> 00:04:41,198 - meaning it was your desire... - Right. 61 00:04:41,364 --> 00:04:43,204 Objective to kill him 62 00:04:43,366 --> 00:04:45,986 which is punishable by life imprisonment. 63 00:04:48,705 --> 00:04:53,035 The victim describes you as weaving in and out of traffic, 64 00:04:53,168 --> 00:04:55,668 irrational driving, 65 00:04:55,837 --> 00:04:59,507 and you came within six inches of striking 66 00:04:59,633 --> 00:05:02,763 the victim's wife's motorcycle. 67 00:05:02,886 --> 00:05:04,386 Do you recall that? 68 00:05:04,513 --> 00:05:06,373 Stephen: That, I don't know. I don't think so. I don't know. 69 00:05:06,389 --> 00:05:07,709 I'm saying I don't think I did it. 70 00:05:14,815 --> 00:05:17,605 When I first saw the motorcycle, he pulled in front of me, 71 00:05:17,692 --> 00:05:19,742 when he pulled in front of me, I went to the right, 72 00:05:19,861 --> 00:05:21,841 I swerved to the left Lane, he swerved to the left Lane, 73 00:05:21,863 --> 00:05:23,993 hit the brakes again, I swerve to the middle Lane. 74 00:05:24,074 --> 00:05:27,494 He cut in front of me again. They kept on chasing me. 75 00:05:27,619 --> 00:05:29,859 I don't know what they're going to do when they catch me. 76 00:05:31,540 --> 00:05:33,670 Then when we got to Dixie highway, 77 00:05:33,792 --> 00:05:36,252 the traffic stopped, and I couldn't get away from them. 78 00:05:36,378 --> 00:05:38,048 What are you thinking at that point? 79 00:05:38,171 --> 00:05:39,261 I've got a full-on attack. 80 00:05:39,339 --> 00:05:41,589 They're going to make sure I can't get away. 81 00:05:41,716 --> 00:05:44,716 And so I reached down for my pistol, okay. 82 00:05:44,845 --> 00:05:47,675 There's this huge bang on my driver's side. 83 00:05:48,890 --> 00:05:50,140 That scared me. 84 00:05:50,225 --> 00:05:51,805 And I turn that way 85 00:05:51,977 --> 00:05:55,147 and when I turned around, the door swung open, he was right there. 86 00:05:55,230 --> 00:05:57,320 I turned around and fired at him. 87 00:06:00,277 --> 00:06:02,737 The prosecution's theory is that 88 00:06:02,863 --> 00:06:06,373 the victim was merely approaching just to let you know 89 00:06:06,533 --> 00:06:08,493 you need to be more cautious and careful 90 00:06:08,618 --> 00:06:10,248 in the manner in which you drive. 91 00:06:10,370 --> 00:06:13,130 If they're boxing me in and trying to stop me, why are they doing that? 92 00:06:13,206 --> 00:06:14,806 There's no point other than the fact that 93 00:06:14,916 --> 00:06:16,596 they're going to try to hurt me or kill me. 94 00:06:17,794 --> 00:06:21,304 Sorry, sometimes this gets a little intense for me. 95 00:06:21,464 --> 00:06:23,134 I hate it when I get emotional. 96 00:06:23,258 --> 00:06:24,798 Man, I hate it. God! 97 00:06:24,885 --> 00:06:26,965 When we get too much into this and talk too much 98 00:06:27,095 --> 00:06:31,095 it really, it gets intense. (Chuckles) Sheesh. 99 00:06:31,182 --> 00:06:33,392 Oh, man, I'm sorry. Gosh! 100 00:06:33,518 --> 00:06:34,978 It gets intense. 101 00:06:36,938 --> 00:06:39,108 (Sniffles) I'm sorry. 102 00:06:45,322 --> 00:06:47,372 Larry: When we present this in court, 103 00:06:47,532 --> 00:06:49,662 we've got to establish 104 00:06:49,784 --> 00:06:52,954 his actions that evening were completely justified 105 00:06:53,038 --> 00:06:55,618 because he felt that his life was in jeopardy. 106 00:06:58,376 --> 00:07:00,246 But this is a real case with real injuries. 107 00:07:00,378 --> 00:07:03,968 There were gunshots and the person was shot multiple times. 108 00:07:04,090 --> 00:07:08,470 And reasonable minds can differ on similar facts. 109 00:07:11,097 --> 00:07:13,477 So we've got quite a task. 110 00:07:30,367 --> 00:07:33,787 Stephen: This house was vacant for five years before I bought it. 111 00:07:36,247 --> 00:07:39,327 The first thing I did was started tearing out the walls, 112 00:07:39,501 --> 00:07:41,251 pulling all the flooring out, 113 00:07:41,336 --> 00:07:45,666 and then that way I was able to rebuild the whole entire inside. 114 00:07:54,349 --> 00:07:57,019 Before the arrest, I was doing commercial building. 115 00:07:59,396 --> 00:08:00,936 So my business was doing rather well 116 00:08:01,022 --> 00:08:03,482 and I've been running this business for more than 20 years. 117 00:08:03,608 --> 00:08:07,778 But with the arrest, I couldn't leave the area. 118 00:08:07,904 --> 00:08:11,574 I couldn't travel to bid on projects. 119 00:08:12,325 --> 00:08:14,325 So everything stopped. 120 00:08:14,494 --> 00:08:16,414 The business completely shut down. 121 00:08:16,538 --> 00:08:18,998 (Bird cawing in distance) 122 00:08:19,082 --> 00:08:22,212 I had 12 people who depended on me on a full-time basis. 123 00:08:22,335 --> 00:08:26,545 And you're helpless because you can't take care of the guys. 124 00:08:26,673 --> 00:08:29,843 How do you explain this to the guys that we just don't have any more work? 125 00:08:33,638 --> 00:08:35,388 I'm hoping that later at the trial, 126 00:08:35,515 --> 00:08:37,475 I can go back to the life that I knew 127 00:08:37,600 --> 00:08:39,890 and start getting a job again 128 00:08:40,020 --> 00:08:42,230 and that all the evidence will come out 129 00:08:42,355 --> 00:08:44,185 and show that I acted reasonably. 130 00:08:54,284 --> 00:08:57,504 Stephen's case comes down to a matter of credibility. 131 00:08:57,662 --> 00:08:59,412 Whether Stephen's version is more credible 132 00:08:59,539 --> 00:09:03,079 or the motorcyclists are more credible. 133 00:09:03,168 --> 00:09:05,378 Body camera is essential because 134 00:09:05,503 --> 00:09:08,843 it details the events immediately following this incident. 135 00:09:13,386 --> 00:09:15,146 - (Siren blaring) - (Indistinct conversation) 136 00:09:17,015 --> 00:09:18,775 Woman 1: Who would do that? Woman 2: I don't know. 137 00:09:18,808 --> 00:09:20,688 Paramedic: He's got a second one on his stomach. 138 00:09:20,769 --> 00:09:22,979 Officer 1: Okay. Get on your knees. 139 00:09:23,104 --> 00:09:25,024 Officer 2: Put your hands on top of your head. 140 00:09:25,148 --> 00:09:26,918 Officer 1: Twenty down for 210 through the air for me. 141 00:09:26,941 --> 00:09:29,611 I've got the shooter over here. 142 00:09:34,074 --> 00:09:36,334 Larry: Let's check out pellarito's testimony. 143 00:09:36,451 --> 00:09:39,621 He's the motorcyclist that was riding 144 00:09:39,746 --> 00:09:42,996 in the same direction with the victim. 145 00:09:43,083 --> 00:09:44,393 Officer 1: So what did you see, sir? 146 00:09:44,417 --> 00:09:45,917 I'm not part of that group. 147 00:09:46,044 --> 00:09:47,814 - I was just riding alongside them. - Officer 2: Right. Yup. 148 00:09:47,837 --> 00:09:50,127 The biker got off, walked up, 149 00:09:50,256 --> 00:09:52,006 walked up to the passenger side 150 00:09:52,133 --> 00:09:53,133 and just yelling at him. 151 00:09:53,259 --> 00:09:55,389 And the guy takes out a pistol. Boom. Boom. Boom. 152 00:09:55,512 --> 00:09:57,312 And then I walked up to the truck... 153 00:09:57,388 --> 00:09:59,518 Dude, take it easy. Take it... 154 00:09:59,682 --> 00:10:01,452 He's got the pistol out and he's pointing it at me. 155 00:10:01,476 --> 00:10:02,876 He came around and pointed it at me. 156 00:10:02,936 --> 00:10:04,476 The guy was frickin' nuts. 157 00:10:04,562 --> 00:10:07,322 He was ready to blast away anyone that walked up to that truck. 158 00:10:07,398 --> 00:10:08,648 Officer 2: Right. 159 00:10:08,733 --> 00:10:11,573 He seems to be really moved by what he saw. 160 00:10:11,694 --> 00:10:14,494 That's powerful testimony right there. 161 00:10:14,656 --> 00:10:17,986 Let's look at one of these other videos. 162 00:10:18,076 --> 00:10:20,576 Woman: Do you know how many times he might have fired his gun? 163 00:10:20,703 --> 00:10:22,433 Samantha: Twice. It was the first time in the arm. 164 00:10:22,455 --> 00:10:23,825 And then he fell to the ground 165 00:10:23,998 --> 00:10:25,388 and then he shot him in the stomach. 166 00:10:25,416 --> 00:10:27,246 Woman: Okay. 167 00:10:27,335 --> 00:10:28,645 Samantha: And then the first time he got hit, he fell down 168 00:10:28,670 --> 00:10:30,430 and then he shot him when he was laying down. 169 00:10:34,592 --> 00:10:38,932 She describes it as two deliberate shots 170 00:10:39,013 --> 00:10:41,983 and separated by some time frame. 171 00:10:42,142 --> 00:10:45,982 I think they're going to try to highlight that as execution style. 172 00:10:47,522 --> 00:10:51,072 And I think the state is really going to key on this testimony 173 00:10:51,192 --> 00:10:53,902 that this supports attempted first-degree murder. 174 00:10:54,028 --> 00:10:57,068 The jury's initial impression, looking at these videos, 175 00:10:57,198 --> 00:10:59,698 they're going to be staring at Stephen 176 00:10:59,826 --> 00:11:02,496 and Stephen is going to be in hot water. 177 00:11:02,662 --> 00:11:05,002 If they believe these people, 178 00:11:05,081 --> 00:11:09,671 then Stephen is going to state prison for the rest of his life. 179 00:11:30,398 --> 00:11:32,818 - Let me show you this room over here. - Jan Tripp: Okay. 180 00:11:32,984 --> 00:11:35,114 Stephen: I'll leave your bag here then, I guess. 181 00:11:35,236 --> 00:11:39,776 I'm really just here to support him any way I can. 182 00:11:42,994 --> 00:11:44,954 Steve tries to put on a tough exterior 183 00:11:45,038 --> 00:11:47,998 and act like, "I'm Superman," he does that all the time. 184 00:11:48,166 --> 00:11:52,706 But you can see the stress sort of building. 185 00:11:52,837 --> 00:11:56,297 Steve is starting to talk a lot faster. 186 00:11:56,382 --> 00:12:02,062 I can tell that he is starting to feel an anxiety of what's going to happen. 187 00:12:02,180 --> 00:12:05,430 It's nice to have my sister coming down to help me with the moral support, 188 00:12:05,558 --> 00:12:07,478 because not everybody has family 189 00:12:07,602 --> 00:12:10,362 and/or people who have family sometimes don't always help. 190 00:12:12,690 --> 00:12:16,860 Jan: I mean, it's just the whole thing is upsetting and stressful. 191 00:12:17,028 --> 00:12:18,778 He's never been arrested in his life. 192 00:12:18,905 --> 00:12:22,825 He's never had anything like this happen. 193 00:12:22,909 --> 00:12:25,039 So how do you feel about it? Like, are you nervous? 194 00:12:25,161 --> 00:12:27,751 Of course, there'll be lots of nervousness there. 195 00:12:27,872 --> 00:12:29,102 That's without a doubt, you know, 196 00:12:29,123 --> 00:12:30,503 because there's so much at stake. 197 00:12:30,625 --> 00:12:34,955 You know, of course, my biggest fear is going to prison. 198 00:12:35,046 --> 00:12:36,966 That's my biggest fear of all. 199 00:12:50,687 --> 00:12:53,397 Larry: This case hinges on the testimony of the witnesses, 200 00:12:55,108 --> 00:12:58,608 and we need to impugn or impeach 201 00:12:58,695 --> 00:13:00,275 the credibility of those witnesses 202 00:13:01,406 --> 00:13:02,986 to show the judge 203 00:13:03,116 --> 00:13:07,116 that those witnesses could not have seen what they're describing. 204 00:13:14,836 --> 00:13:19,166 Let's talk about Samantha and Jose salas. 205 00:13:19,299 --> 00:13:21,799 Samantha is convinced that she had 206 00:13:21,884 --> 00:13:25,644 an unobstructed, clear view from the passenger seat. 207 00:13:25,763 --> 00:13:28,773 All right. So Stephen's car then stops, 208 00:13:28,850 --> 00:13:31,140 would you say some, somewhere near here, Larry? 209 00:13:31,311 --> 00:13:33,521 Exactly. 210 00:13:33,688 --> 00:13:37,318 David donet Jr.: This would be Mr. Indelicato, kind of like a half a length behind him. 211 00:13:37,483 --> 00:13:41,113 - Larry: And Mrs. Indelicato comes down and she's here... - Okay. 212 00:13:41,195 --> 00:13:45,735 Larry: Behind this person is Samantha and Jose salas, 213 00:13:45,867 --> 00:13:48,327 and they are one, two, three, 214 00:13:48,411 --> 00:13:52,831 the fourth vehicle removed from the actual incident. 215 00:13:52,957 --> 00:13:55,207 So you have Jose, who's driving, 216 00:13:55,335 --> 00:13:57,795 and you have his wife, Samantha, who's in the passenger seat. 217 00:13:57,920 --> 00:13:59,050 David: Okay. 218 00:14:04,635 --> 00:14:07,925 Larry: If you look at this and you look at how that truck is positioned, 219 00:14:08,014 --> 00:14:11,814 I think there is no way that they would be able to see 220 00:14:11,893 --> 00:14:14,563 where Mr. Indelicato was on the driver's side 221 00:14:14,687 --> 00:14:17,817 and more importantly, what he was doing. 222 00:14:17,940 --> 00:14:19,840 David: I'm thinking, at the time of the shooting, 223 00:14:19,859 --> 00:14:21,619 there was at least two other cars in the way. 224 00:14:21,694 --> 00:14:23,324 They don't see anything that happens. 225 00:14:30,495 --> 00:14:32,905 Larry: This is the time stamp that's on the video 226 00:14:33,039 --> 00:14:34,919 showing where these vehicles were 227 00:14:35,041 --> 00:14:37,041 and what was happening at that exact time. 228 00:14:38,002 --> 00:14:42,132 Samantha arrives at 45:44. 229 00:14:42,215 --> 00:14:46,135 Then at 51... I mean, that's 16 seconds after Stephen 230 00:14:46,302 --> 00:14:48,142 and 15 seconds after the indelicatos. 231 00:14:48,221 --> 00:14:50,771 -That's a lot. That's a long time. -Hold on, it gets better. 232 00:14:50,890 --> 00:14:54,310 Larry: Jose and Samantha salas's SUV comes to a stop 233 00:14:54,435 --> 00:14:57,515 two seconds after the door opens in the shooting. 234 00:14:59,982 --> 00:15:01,712 David: Not to mention at the time of the shooting, 235 00:15:01,734 --> 00:15:03,894 if she's still driving, she would be even further back. 236 00:15:03,945 --> 00:15:05,655 Larry: Exactly. 237 00:15:05,780 --> 00:15:07,950 I think they could not have seen 238 00:15:08,032 --> 00:15:09,992 what they testified that they saw. 239 00:15:13,871 --> 00:15:16,121 (Music playing) 240 00:15:31,305 --> 00:15:34,975 Stephen: In my abdomen, I have two very large tumors, 241 00:15:35,059 --> 00:15:36,739 one that's a little bigger than a baseball, 242 00:15:36,811 --> 00:15:39,021 one's a little smaller than a baseball. 243 00:15:39,147 --> 00:15:42,277 The test that they did showed it to be definitively cancer. 244 00:15:46,237 --> 00:15:48,107 It's this whole entire side, the right side 245 00:15:48,239 --> 00:15:50,279 from the backbone around to the navel, 246 00:15:50,366 --> 00:15:52,446 that's where most of the pain is. 247 00:16:04,422 --> 00:16:06,592 When I sat down in the office with the doctor, 248 00:16:06,674 --> 00:16:09,594 they said it's inoperable, it's untreatable. 249 00:16:09,677 --> 00:16:11,887 There's nothing we can do but mitigate the pain. 250 00:16:14,557 --> 00:16:16,807 That's why I'm pushing so hard to clear my name 251 00:16:16,934 --> 00:16:18,814 and clear my family's reputation 252 00:16:18,895 --> 00:16:20,935 because I don't have a whole lot of time. 253 00:16:22,773 --> 00:16:24,443 If I ended up going to prison, 254 00:16:24,567 --> 00:16:26,237 it would definitely be the end of my life, 255 00:16:26,360 --> 00:16:28,240 because if I've only got 12 months left, 256 00:16:28,362 --> 00:16:30,492 guess what? I'm going to die. 257 00:16:33,868 --> 00:16:35,828 Larry: When Stephen shared his news, 258 00:16:35,912 --> 00:16:38,962 he had told me, "I want you to do whatever you need to do 259 00:16:39,040 --> 00:16:44,250 "to make sure that this case is brought to a conclusion before I pass, 260 00:16:44,337 --> 00:16:46,837 "because I want my name cleared." 261 00:16:47,006 --> 00:16:51,256 So we've moved forward with this case as quickly as possible. 262 00:16:51,344 --> 00:16:56,524 I really have the motivation to win this case for Stephen, 263 00:16:56,641 --> 00:16:58,351 um, and I don't want to lose it. 264 00:17:09,153 --> 00:17:13,323 Larry: Understanding that Stephen's got a terminal diagnosis, 265 00:17:13,449 --> 00:17:15,489 we have a limited amount of time. 266 00:17:17,203 --> 00:17:21,543 The key question is about who the aggressor is 267 00:17:21,666 --> 00:17:24,956 and the aggressor is the one who opened the door. 268 00:17:25,044 --> 00:17:26,964 And that's what we really need to determine. 269 00:17:36,138 --> 00:17:38,308 We have a short clip of video here 270 00:17:38,474 --> 00:17:40,644 that shows the truck door opening. 271 00:17:42,520 --> 00:17:43,900 This is Stephen. 272 00:17:44,021 --> 00:17:45,271 That's his truck. 273 00:17:47,900 --> 00:17:49,990 Here is the victim. 274 00:17:50,111 --> 00:17:51,171 That's the motorcycle right there. 275 00:17:51,195 --> 00:17:52,315 Now he's getting off. 276 00:17:52,488 --> 00:17:53,768 You see him getting off the bike? 277 00:17:55,408 --> 00:17:58,368 The video shows that door springing wide open 278 00:17:58,494 --> 00:18:02,334 and immediately springing back, immediately. 279 00:18:02,415 --> 00:18:07,085 You can see what appears to be indelicato's left arm, 280 00:18:07,169 --> 00:18:11,669 reaching forward and coming back as the door opens. 281 00:18:14,510 --> 00:18:16,050 The video evidence we have in this case 282 00:18:16,178 --> 00:18:20,428 is pretty significant, um, but it's not complete. 283 00:18:22,184 --> 00:18:23,604 It's black and white, grainy. 284 00:18:23,686 --> 00:18:29,026 You can't quite see his hand on the door handle pulling it open. 285 00:18:29,191 --> 00:18:30,991 And so for that reason, 286 00:18:31,152 --> 00:18:33,362 I've asked Stephen to come down with the truck 287 00:18:33,487 --> 00:18:36,617 so that we can go out and we can recreate the situation. 288 00:18:38,909 --> 00:18:42,159 So I get a better understanding of how that door opens 289 00:18:42,330 --> 00:18:44,210 and how Stephen was reacting inside that truck. 290 00:18:46,959 --> 00:18:48,629 - Hey, Stephen. - Hey, Larry. How are you? 291 00:18:48,753 --> 00:18:51,053 -How is it going? Good to see ya. -Fine. 292 00:18:52,757 --> 00:18:56,257 This is the truck that you had August of 2019? 293 00:18:56,344 --> 00:18:58,014 Yes, sir, that is correct. 294 00:18:58,137 --> 00:19:01,637 Let's... let's take a look inside. So take a seat inside the truck. 295 00:19:01,807 --> 00:19:03,517 Stephen: All right. 296 00:19:03,684 --> 00:19:05,814 I take off my shoes, actually, to drive. 297 00:19:05,978 --> 00:19:07,498 - It gives me more room. - Larry: Okay. 298 00:19:07,605 --> 00:19:09,395 Show me what you do and what happens. 299 00:19:09,523 --> 00:19:12,123 Stephen: My first thing was that when I looked in the mirror, okay, 300 00:19:12,234 --> 00:19:13,994 I saw them all come up behind me. 301 00:19:14,153 --> 00:19:16,283 That's when I reached down like this. 302 00:19:16,364 --> 00:19:19,164 I'm looking down like this and I pulled it out, okay? 303 00:19:19,283 --> 00:19:23,373 I pulled out the pistol and I've got it and I cocked it immediately, okay? 304 00:19:23,496 --> 00:19:25,326 - So you hear the bang. - Stephen: Right. 305 00:19:25,456 --> 00:19:27,786 And what do you do? Let's see how you move. 306 00:19:27,917 --> 00:19:30,497 - You shift or what. - Bam! 307 00:19:30,628 --> 00:19:32,478 Larry: You hear the sound from the driver's side? 308 00:19:32,505 --> 00:19:34,145 Stephen: Like the door starts to open, okay? 309 00:19:34,173 --> 00:19:37,223 The thing was when I turn, I just turn like this and fired at him. 310 00:19:40,763 --> 00:19:43,893 Larry: I want to see you pull the handle to unlock 311 00:19:44,016 --> 00:19:45,136 and then kick the door. 312 00:19:45,267 --> 00:19:46,687 - Okay. - You know what I mean? 313 00:19:46,852 --> 00:19:48,102 Yes, I think so. 314 00:19:53,192 --> 00:19:55,572 David: It's too slow, it doesn't make any sense. 315 00:19:55,695 --> 00:19:59,195 Larry: Not only is it slow, but he's got his foot bracing the door. 316 00:19:59,365 --> 00:20:01,445 The door doesn't spring back and close 317 00:20:01,534 --> 00:20:03,374 - the way it did in the video. - David: Right. 318 00:20:03,494 --> 00:20:05,334 So I don't think there's any way that happened. 319 00:20:06,163 --> 00:20:07,673 Maybe it's like this. 320 00:20:10,292 --> 00:20:13,462 Bang, boom, 321 00:20:13,587 --> 00:20:16,417 and then he falls away to the left. 322 00:20:16,549 --> 00:20:19,089 Yes, exactly. 323 00:20:19,218 --> 00:20:20,618 Larry: All right. I think we got it. 324 00:20:22,304 --> 00:20:23,814 That was fantastic. 325 00:20:25,141 --> 00:20:26,641 After looking at the truck, 326 00:20:26,809 --> 00:20:29,439 I think that Stephen didn't open that door, 327 00:20:29,520 --> 00:20:32,690 and that he was completely justified in shooting. 328 00:20:41,949 --> 00:20:44,289 I'm going over to visit some friends today. 329 00:20:46,620 --> 00:20:49,500 Joey and marta helped me, you know, a lot of times 330 00:20:49,582 --> 00:20:51,752 getting through things, somebody I could talk with. 331 00:20:54,003 --> 00:20:57,473 When this thing happened with me two years ago and all, 332 00:20:57,590 --> 00:21:00,720 it ended up that a lot of people automatically assumed 333 00:21:00,843 --> 00:21:02,473 that I was a bad person. 334 00:21:04,889 --> 00:21:08,229 I had this one guy and we'd known each other for 32 years, right? 335 00:21:08,350 --> 00:21:11,310 And after this happened, I never heard from him again. 336 00:21:11,437 --> 00:21:13,727 We always just said, "brothers from another mother." 337 00:21:13,856 --> 00:21:16,566 And it turned out he wasn't a friend at all. 338 00:21:20,196 --> 00:21:22,506 That's one thing, I guess, when you go through something like this 339 00:21:22,531 --> 00:21:27,791 is that, you know, sometimes you're all alone at it. 340 00:21:27,870 --> 00:21:29,870 Okay. Phew. 341 00:21:38,422 --> 00:21:39,572 - How's it going, buddy? - How are you, pal? 342 00:21:39,590 --> 00:21:42,640 - Good to see you. - You too. Definitely. Thank you. 343 00:21:44,720 --> 00:21:46,470 Stephen: This is flan with cheese. 344 00:21:46,597 --> 00:21:48,967 - I never heard of that. - I know. And neither have I. 345 00:21:49,099 --> 00:21:52,389 Here's to health, good fortune to all. 346 00:21:58,067 --> 00:22:00,987 Joey Blair: I've known Steve for about six years. 347 00:22:01,070 --> 00:22:03,280 To me, everybody gets the benefit of the doubt. 348 00:22:05,241 --> 00:22:06,911 - We all pray for you. - Thank you. 349 00:22:07,034 --> 00:22:08,994 I mean, in every which way. 350 00:22:09,161 --> 00:22:10,501 Stephen: Thank you. 351 00:22:10,579 --> 00:22:13,619 I appreciate you and your friendship for that long. 352 00:22:13,707 --> 00:22:16,187 - That was kind of why I'm bringing this over. - That's a given. 353 00:22:18,546 --> 00:22:21,916 I'm glad to be his friend. I'm glad to be there for him. 354 00:22:22,049 --> 00:22:24,219 I'll always be there for him. 355 00:22:24,343 --> 00:22:28,893 It's a very small band of brothers. 356 00:22:29,014 --> 00:22:32,814 And, you know, they say, keep your friends close. 357 00:22:34,854 --> 00:22:37,444 Forget about your enemies, just keep your friends close. 358 00:22:53,706 --> 00:22:57,456 Larry: I'm looking at John indelicato's injuries. 359 00:22:57,543 --> 00:22:59,463 Essentially what we're seeing here 360 00:22:59,587 --> 00:23:04,297 is just literally a stump where his left leg used to be. 361 00:23:09,930 --> 00:23:12,600 You can see his right leg, 362 00:23:12,683 --> 00:23:16,653 a portion of his foot has also been amputated. 363 00:23:16,812 --> 00:23:19,362 The bullet that went into the midsection 364 00:23:19,481 --> 00:23:22,821 also may have ricocheted off of a bone, 365 00:23:22,985 --> 00:23:26,155 which then caused extensive internal bleeding. 366 00:23:26,280 --> 00:23:30,410 There was then gangrene setting in on the, uh, the legs. 367 00:23:30,534 --> 00:23:32,754 And that's why they had to amputate. 368 00:23:36,707 --> 00:23:38,957 It just shows how deadly a firearm can be. 369 00:23:41,545 --> 00:23:43,335 And it's going to be tough for the jury 370 00:23:43,464 --> 00:23:46,384 to look at these pictures and weigh that. 371 00:23:46,508 --> 00:23:49,468 He wasn't armed, um, 372 00:23:49,553 --> 00:23:51,853 and he was merely approaching 373 00:23:51,972 --> 00:23:55,182 to speak to him, to yell at him, to curse at him. 374 00:23:55,351 --> 00:23:59,521 I think it's going to give the jury, judge significant pause 375 00:23:59,647 --> 00:24:02,267 when they look at that and really think hard. 376 00:24:02,358 --> 00:24:03,898 Is it reasonable? 377 00:24:16,330 --> 00:24:19,830 Larry: I believe Stephen was afraid of Mr. Indelicato. 378 00:24:19,959 --> 00:24:22,629 I believe that he was in fear for his life, 379 00:24:24,463 --> 00:24:27,633 but I need to have more details 380 00:24:27,758 --> 00:24:30,048 as to what motivated him to pick up that firearm. 381 00:24:37,810 --> 00:24:40,980 I'm looking at a police report from a number of years ago. 382 00:24:41,146 --> 00:24:45,476 And in this case, Stephen was the victim of an armed robbery and he was shot. 383 00:24:45,567 --> 00:24:49,277 And I need to see if it would be somewhat similar 384 00:24:49,363 --> 00:24:51,533 to what happened in this incident 385 00:24:51,699 --> 00:24:54,449 so that we would be able to utilize it in this court. 386 00:25:01,792 --> 00:25:03,882 I just need to know the details, 387 00:25:04,003 --> 00:25:08,303 the facts, the circumstances as they occurred on this case. 388 00:25:08,382 --> 00:25:11,512 We pulled up to the gas pump. When I got out of the car to get the gas, 389 00:25:11,635 --> 00:25:15,715 all of a sudden he came from behind the car and he had the gun in his hand. 390 00:25:15,848 --> 00:25:18,678 He steps out with the gun like this, okay, and has his hand like this. 391 00:25:18,851 --> 00:25:21,651 And then he closes his hand and grabs me by the arm. 392 00:25:21,812 --> 00:25:24,362 So then he says, "give me your wallet." 393 00:25:24,481 --> 00:25:26,361 You know, we carried a gun. 394 00:25:26,483 --> 00:25:28,443 I reached down, grabbed the gun 395 00:25:28,527 --> 00:25:30,397 and fired over my shoulder. Okay? 396 00:25:30,529 --> 00:25:32,819 And when I turned, as far as he fired, 397 00:25:32,948 --> 00:25:34,698 he fired to shoot me in the chest. 398 00:25:37,411 --> 00:25:39,041 That's when I saw the blood running down. 399 00:25:39,163 --> 00:25:41,473 He fired to shoot me in the chest, but it shattered his wrist. 400 00:25:41,498 --> 00:25:45,458 And as I stepped out of the car, he turned around and shot me again. Okay? 401 00:25:45,586 --> 00:25:47,666 And then that time, he hit me through the leg. 402 00:25:47,796 --> 00:25:49,836 I told my ex-wife to drive. 403 00:25:49,965 --> 00:25:52,125 Then we left and I got her to drive me to the hospital. 404 00:25:54,762 --> 00:25:56,892 Do you see any similarities between 405 00:25:57,014 --> 00:26:00,234 what happened to you in '94 and what happened to you in 2019? 406 00:26:00,350 --> 00:26:02,190 How can you not? 407 00:26:02,311 --> 00:26:04,771 You know, how can you not remember you were already shot twice? 408 00:26:16,617 --> 00:26:18,487 Stephen: I know that after '94, 409 00:26:18,619 --> 00:26:20,829 I'm more aware. 410 00:26:20,996 --> 00:26:22,596 - You realize you can be gone very quickly like that. - (Snaps fingers) 411 00:26:22,623 --> 00:26:26,793 You realize that, you know, you don't have tomorrow necessarily. 412 00:26:26,877 --> 00:26:30,627 I'm more conscious about trying to take evasive action 413 00:26:30,714 --> 00:26:32,514 because, I mean, you know, you get shot twice 414 00:26:32,674 --> 00:26:36,114 and each bullet's an inch away from killing you, you don't want to try for a third time. 415 00:26:54,321 --> 00:26:57,781 Stephen: Within one month, the tumors have increased 50% in size. 416 00:26:57,866 --> 00:27:00,286 The biggest tumor pushes against the back 417 00:27:00,369 --> 00:27:03,789 and then the other one pushes against the liver, 418 00:27:03,872 --> 00:27:06,792 which causes the fluid retention in the abdomen. 419 00:27:06,917 --> 00:27:08,877 So it's the abdomen has gotten a whole lot bigger. 420 00:27:09,378 --> 00:27:11,508 (Exhales) 421 00:27:11,672 --> 00:27:15,012 It's out of my control of how I deal with my body. 422 00:27:15,134 --> 00:27:18,554 The doctors have told me I can die tonight, tomorrow, whenever. 423 00:27:19,763 --> 00:27:21,643 Nobody's really ever prepared for that. 424 00:27:21,807 --> 00:27:24,097 And so that's where the stress comes in. 425 00:27:24,226 --> 00:27:27,056 Because every day, I have to keep waiting 426 00:27:27,187 --> 00:27:30,357 there's a possibility of me not actually making it to the trial. 427 00:27:55,716 --> 00:27:59,086 After reviewing all of evidence that we have, 428 00:27:59,178 --> 00:28:02,888 the police reports, the surveillance video, the body wear-camera video 429 00:28:03,015 --> 00:28:06,265 and understanding Stephen's diagnosis, 430 00:28:06,351 --> 00:28:10,981 I've been thinking about how to bring this case to a resolution more quickly. 431 00:28:11,106 --> 00:28:13,686 And what I've concluded is I think it's best 432 00:28:13,817 --> 00:28:18,987 and I prepared and filed what's called a "stand-your-ground" motion, 433 00:28:19,114 --> 00:28:22,124 a motion to dismiss the case. 434 00:28:22,201 --> 00:28:26,661 And if we are able to establish self-defense in this case, 435 00:28:26,830 --> 00:28:28,330 Stephen is entitled to immunity. 436 00:28:29,625 --> 00:28:31,165 So Stephen, 437 00:28:31,335 --> 00:28:34,455 - the stand-your-ground motion has been filed. - Okay, right. 438 00:28:34,546 --> 00:28:36,966 Technically what we're asking for 439 00:28:37,132 --> 00:28:40,682 is we're asking judge Coleman to make a finding 440 00:28:40,802 --> 00:28:43,312 that you should be immune from prosecution. 441 00:28:45,641 --> 00:28:47,231 All right, okay. 442 00:28:47,351 --> 00:28:49,481 Stephen: Whatever amount of time I do have left, 443 00:28:49,603 --> 00:28:51,483 then I can go ahead and live my life. 444 00:28:51,605 --> 00:28:53,435 That's my biggest thing. 445 00:28:53,565 --> 00:28:55,355 - We have a hearing set. - Okay. 446 00:28:55,484 --> 00:28:57,864 - The hearing is set for next Wednesday. - Okay. 447 00:28:57,986 --> 00:28:59,816 - I'm confident. - Okay, that's... 448 00:28:59,905 --> 00:29:02,105 I'm confident. But, Stephen, I can't predict the future. 449 00:29:08,705 --> 00:29:10,995 Stephen: This is very poignant for me. 450 00:29:11,124 --> 00:29:12,714 I feel even more confident, 451 00:29:12,834 --> 00:29:15,424 that I don't have to just, like, act like 452 00:29:15,545 --> 00:29:17,585 I did the right thing and say I did the right thing, 453 00:29:17,631 --> 00:29:21,091 that by that law, that law will show I did the right thing. 454 00:29:21,218 --> 00:29:23,968 If I can get through this, I can clear my family's name. 455 00:29:24,054 --> 00:29:26,974 And so, you know, I want to die with my name intact, 456 00:29:27,057 --> 00:29:29,687 my reputation intact. That's what I want. 457 00:29:39,444 --> 00:29:41,574 Stephen: I was up at 4:00, 458 00:29:41,697 --> 00:29:43,277 couldn't sleep at all last night. 459 00:29:46,660 --> 00:29:48,330 There's a lot more anxiety. 460 00:29:48,453 --> 00:29:50,413 If the worst-case scenario was to happen, 461 00:29:50,539 --> 00:29:53,129 there's no way I'll ever make 25 years in prison. 462 00:30:15,814 --> 00:30:19,574 Larry: The presentation is going to be the same as if we were in trial 463 00:30:19,693 --> 00:30:21,283 and we were presenting it to a jury. 464 00:30:23,113 --> 00:30:26,663 But we are presenting only to the judge. 465 00:30:26,742 --> 00:30:28,952 And there's less likelihood 466 00:30:29,036 --> 00:30:33,326 that we're going to be able to persuade him with passionate arguments. 467 00:30:37,419 --> 00:30:39,699 - Does the state wish to call a witness? - Yes, your honor. 468 00:30:39,796 --> 00:30:42,876 At this time the state will call Samantha salas. 469 00:30:44,551 --> 00:30:48,471 How quickly did you perceive that this event unfolded? 470 00:30:48,638 --> 00:30:49,928 (Samantha speaking) 471 00:30:57,230 --> 00:30:58,230 Okay. 472 00:31:08,575 --> 00:31:12,905 At the traffic light, you're in the center Lane, correct? 473 00:31:13,038 --> 00:31:14,368 (Samantha speaking) 474 00:31:14,498 --> 00:31:18,288 And you said you were 10 feet from the incident. 475 00:31:18,418 --> 00:31:19,958 (Samantha speaking) 476 00:31:20,087 --> 00:31:23,337 Larry: Can you look at the screen and tell me when you see he dismounts? 477 00:31:24,674 --> 00:31:27,434 (Samantha speaking) 478 00:31:28,261 --> 00:31:29,351 Larry: Do you see your car? 479 00:31:31,723 --> 00:31:33,523 (Samantha speaking) 480 00:31:33,642 --> 00:31:36,482 Larry: Your car's not there yet. Your car's not in the screen. 481 00:31:36,561 --> 00:31:40,651 But you're telling us that you were right there within 10 feet 482 00:31:40,774 --> 00:31:41,864 when he gets off the bike. 483 00:31:43,902 --> 00:31:45,322 How's that possible? 484 00:31:45,404 --> 00:31:48,534 (Samantha speaking) 485 00:31:48,657 --> 00:31:50,157 See that. 486 00:31:50,242 --> 00:31:51,332 Yes. 487 00:31:51,451 --> 00:31:53,331 Can you identify that? 488 00:31:53,412 --> 00:31:56,122 (Samantha speaking) 489 00:31:56,206 --> 00:31:59,376 And that is what, seconds after this incident. 490 00:32:00,836 --> 00:32:03,666 Very emotional and she's very emotional. 491 00:32:03,797 --> 00:32:05,977 Larry: And you guys were all just milling about together, 492 00:32:06,007 --> 00:32:08,647 over there waiting for the detective to come to take your statement? 493 00:32:08,677 --> 00:32:09,967 (Samantha speaking) 494 00:32:10,137 --> 00:32:12,297 And you guys are periodically discussing what happened. 495 00:32:13,265 --> 00:32:16,265 Do you think that it's reasonable to say 496 00:32:16,351 --> 00:32:19,981 that maybe some of the descriptions people were giving 497 00:32:20,105 --> 00:32:22,815 is something that you incorporated into your memory? 498 00:32:22,941 --> 00:32:25,281 Versus you actually seeing it? 499 00:32:34,244 --> 00:32:36,464 I don't have any more questions. Thank you very much. 500 00:32:37,914 --> 00:32:39,004 Judge: Thank you. 501 00:32:57,642 --> 00:33:01,272 Stephen: The thing that I still have when I look at him is fear. 502 00:33:01,354 --> 00:33:03,574 Because I'll always associate him with an attack. 503 00:33:07,360 --> 00:33:09,640 - Judge: Your witness. - Prosecutor: Thank you, your honor. 504 00:33:10,155 --> 00:33:12,315 You and Lori are riding on 95. 505 00:33:12,449 --> 00:33:14,529 Did there come a point in time where there was 506 00:33:14,659 --> 00:33:16,949 any specific vehicle that drew your attention? 507 00:33:18,371 --> 00:33:20,961 Prosecutor: Okay, why did this white pickup truck 508 00:33:21,041 --> 00:33:22,801 capture your attention at that point in time? 509 00:33:24,836 --> 00:33:26,456 Prosecutor: Describe that. 510 00:33:29,549 --> 00:33:33,509 Prosecutor: Did the pickup truck interact with Lori or cut Lori off in anyway? 511 00:33:33,678 --> 00:33:35,308 (John speaking) 512 00:33:35,430 --> 00:33:38,270 Prosecutor: Were you frustrated that this driver 513 00:33:38,350 --> 00:33:39,910 could have killed one of the two of you? 514 00:33:43,563 --> 00:33:47,033 When you stopped right behind him on the side, 515 00:33:47,192 --> 00:33:49,652 you're going to approach for what reason? 516 00:33:49,778 --> 00:33:52,988 (John speaking) 517 00:34:00,455 --> 00:34:02,995 Did you open the door of the pickup truck? 518 00:34:23,019 --> 00:34:24,399 Prosecutor: No further quetions. 519 00:34:27,732 --> 00:34:31,652 Larry: We're convinced that John indelicato opened the door 520 00:34:31,820 --> 00:34:36,410 but the video surveillance evidence is not completely conclusive. 521 00:34:37,158 --> 00:34:38,578 As a result, 522 00:34:38,702 --> 00:34:41,542 we've got to resort to an alternative strategy, 523 00:34:41,663 --> 00:34:44,543 and that's to attack and undermine 524 00:34:44,666 --> 00:34:47,086 the credibility of John indelicato. 525 00:34:50,338 --> 00:34:54,048 Do you think on August 24th, 2019, 526 00:34:54,175 --> 00:34:58,135 do you think he was aggressively trying to run either you or your wife off the road? 527 00:34:58,263 --> 00:34:59,473 (John speaking) 528 00:34:59,598 --> 00:35:00,598 Did it anger you? 529 00:35:02,809 --> 00:35:06,439 Larry: You wouldn't say that you were upset or angry at all? Zero? 530 00:35:09,733 --> 00:35:13,033 Larry: You previously testified that what the truck did 531 00:35:13,153 --> 00:35:16,493 in your 40 years of riding a motorcycle, 532 00:35:16,615 --> 00:35:20,195 you've never seen anybody cut off that severely? 533 00:35:22,037 --> 00:35:24,827 Larry: Right? 534 00:35:24,956 --> 00:35:31,756 And despite that being the worst incident of somebody being cut off in 40 years, 535 00:35:31,838 --> 00:35:33,168 you didn't get upset at all? 536 00:35:37,135 --> 00:35:39,425 Have you ever been convicted of a felony? 537 00:35:41,973 --> 00:35:43,563 Larry: How many convictions do you have? 538 00:35:46,436 --> 00:35:48,306 Larry: Isn't it, in fact, four? 539 00:35:53,568 --> 00:35:55,488 Do you consider yourself a safe driver? 540 00:36:00,200 --> 00:36:02,120 Is it a crime to race on the highway? 541 00:36:04,079 --> 00:36:05,659 Have you ever raced on a highway? 542 00:36:11,795 --> 00:36:13,375 Larry: I don't have any more questions. 543 00:36:24,933 --> 00:36:26,733 (Indistinct chatter) 544 00:36:41,157 --> 00:36:44,157 Larry: You okay? Examination... 545 00:36:45,036 --> 00:36:47,286 Um, Mr. Tripp, 546 00:36:47,372 --> 00:36:51,252 do you remember, um, Sunday August 28, 1994? 547 00:37:00,927 --> 00:37:02,257 What... what ultimately happened? 548 00:37:02,387 --> 00:37:03,467 (Stephen speaking) 549 00:37:04,889 --> 00:37:05,969 Larry: Where were you shot? 550 00:37:14,524 --> 00:37:17,654 Did that have an impact on your life from that point forward? 551 00:37:17,736 --> 00:37:19,276 (Stephen speaking) 552 00:37:19,404 --> 00:37:22,164 So you live with more of, what, of a heightened sense of awareness? 553 00:37:22,282 --> 00:37:23,742 (Stephen speaking) 554 00:37:23,867 --> 00:37:26,537 An awareness for what? 555 00:37:26,661 --> 00:37:29,331 Larry: What is it that you're guarding against or looking out for? 556 00:37:33,209 --> 00:37:36,669 Let's move forward to August 24th, 2019. 557 00:37:36,796 --> 00:37:38,626 Why did you fire the gun? 558 00:37:42,343 --> 00:37:44,853 And how did that make you feel? 559 00:37:47,056 --> 00:37:48,676 (Chuckles nervously) 560 00:37:51,186 --> 00:37:52,726 Larry: You don't want to what? 561 00:38:01,237 --> 00:38:05,067 Larry: Um, thank you very much, judge. I don't have any more questions for him at this time. 562 00:38:05,200 --> 00:38:06,910 Judge: Okay. Cross-examination. 563 00:38:07,035 --> 00:38:08,695 Prosecutor: Thank you. 564 00:38:08,870 --> 00:38:13,170 So let's talk about the date of incident that brought us here. 565 00:38:13,291 --> 00:38:17,381 You didn't even know if it was a male or female. You didn't know who was there, 566 00:38:17,504 --> 00:38:19,844 just your door open and you shot, right? 567 00:38:22,300 --> 00:38:23,470 Prosecutor: Someone? 568 00:38:24,636 --> 00:38:26,886 Prosecutor: Right. Could have been a child. 569 00:38:28,389 --> 00:38:31,729 You don't know who was at your door. 570 00:38:33,186 --> 00:38:34,976 Male, female, young or old. 571 00:38:35,104 --> 00:38:36,944 And you shot. Correct? 572 00:38:37,023 --> 00:38:38,153 (Stephen speaking) 573 00:38:38,274 --> 00:38:39,554 Prosecutor: No further questions. 574 00:38:50,995 --> 00:38:54,575 Prosecutor: There was zero testimony on either side 575 00:38:54,707 --> 00:38:58,707 that the victim was armed in any way, 576 00:38:58,837 --> 00:39:00,377 shape or form. 577 00:39:01,256 --> 00:39:04,546 In order to assert immunity 578 00:39:04,676 --> 00:39:06,426 in a stand-your-ground hearing, 579 00:39:06,511 --> 00:39:09,761 you need to have imminent deadly force coming at you. 580 00:39:09,848 --> 00:39:11,978 The defendant testified 581 00:39:12,141 --> 00:39:15,651 that the door suddenly opened and he didn't even see what he shot. 582 00:39:15,728 --> 00:39:18,148 How can you argue 583 00:39:18,273 --> 00:39:21,693 that you were under such fear for your life, 584 00:39:21,818 --> 00:39:23,948 if you don't even know who or what you shot? 585 00:39:25,238 --> 00:39:28,488 Judge, this is not wild, wild west. 586 00:39:28,658 --> 00:39:31,328 "I shoot whatever comes near my vehicle." 587 00:39:31,452 --> 00:39:34,622 It is not, "I'm in fear because of a prior incident, 588 00:39:34,706 --> 00:39:38,036 "so I'm going to shoot first and ask questions later." 589 00:39:38,960 --> 00:39:40,750 And so, 590 00:39:40,837 --> 00:39:44,837 the state is asking this court to deny the defendant's motion for immunity. 591 00:39:46,843 --> 00:39:49,393 Larry: Stephen was cornered, attacked. 592 00:39:49,512 --> 00:39:53,642 He reasonably believed that the use of deadly force 593 00:39:53,808 --> 00:39:57,808 was necessary to prevent his death. 594 00:39:57,937 --> 00:39:59,477 And in Florida, 595 00:39:59,564 --> 00:40:04,534 you do not have to wait until a subject has hands on you 596 00:40:04,694 --> 00:40:06,824 until there's actual harm. 597 00:40:06,946 --> 00:40:10,116 You can shoot that person right there, judge. 598 00:40:10,199 --> 00:40:11,519 Thank you very much for your time. 599 00:40:21,169 --> 00:40:22,839 Larry: All right, judge. Thank you. 600 00:40:26,257 --> 00:40:31,297 I think that we've done everything that we could do. 601 00:40:31,429 --> 00:40:33,719 It's the burden of the prosecutor 602 00:40:33,848 --> 00:40:38,228 to convince the judge that Stephen is not entitled to immunity 603 00:40:38,353 --> 00:40:40,653 and that's a pretty high burden. 604 00:40:40,772 --> 00:40:44,482 But if the judge denies our motion, 605 00:40:44,651 --> 00:40:50,491 I think Stephen is probably not going to survive the second round of this. 606 00:40:50,615 --> 00:40:54,485 Which will then mean his legacy will be forever known 607 00:40:54,619 --> 00:40:57,369 as the person charged with attempted murder. 608 00:40:57,538 --> 00:40:59,418 And now, it's just we wait. 609 00:41:16,224 --> 00:41:18,064 Larry: So, um... 610 00:41:19,268 --> 00:41:22,308 It's an eight-page document. 611 00:41:22,438 --> 00:41:26,818 But all you really need to read is just the title of the document. 612 00:41:28,653 --> 00:41:33,123 We have the judge's order granting immunity and dismissal. 613 00:41:41,207 --> 00:41:43,167 Stephen: Hello? Larry: Steve. 614 00:41:43,334 --> 00:41:44,614 I've got some great news for you. 615 00:41:44,669 --> 00:41:46,129 The case is over. 616 00:41:46,295 --> 00:41:47,915 The judge has declared you 617 00:41:48,006 --> 00:41:50,126 immune from prosecution 618 00:41:50,216 --> 00:41:53,636 and entered an order granting dismissal of the charges. 619 00:41:53,761 --> 00:41:57,141 Effectively the prosecution of you has ended. 620 00:41:57,223 --> 00:41:58,473 It's over. 621 00:41:58,599 --> 00:41:59,789 Stephen: I really appreciate it. 622 00:41:59,809 --> 00:42:01,059 Larry: See you soon, bye. 623 00:42:17,535 --> 00:42:19,615 Stephen: It's hard for you to understand 624 00:42:21,289 --> 00:42:24,289 all the stress that's been going on for two years, 625 00:42:24,417 --> 00:42:25,747 and once it's finally over with, 626 00:42:25,877 --> 00:42:27,877 it's hard to kind of, you know... 627 00:42:28,880 --> 00:42:29,880 (Exhales) 628 00:42:31,132 --> 00:42:32,592 It's hard just to let it go. 629 00:42:35,762 --> 00:42:38,182 The relief that I'm finally free 630 00:42:38,306 --> 00:42:41,306 and the rest of my life is not going to be spent in prison, 631 00:42:41,476 --> 00:42:42,886 it is indescribable. 632 00:42:45,438 --> 00:42:49,028 When somebody hears my name now, I'm no longer considered a killer. 633 00:42:51,861 --> 00:42:55,361 I can spend the rest of my life or whatever time I have left 634 00:42:55,490 --> 00:42:56,780 doing what I want to do.