1 00:00:07,542 --> 00:00:09,458 (PHONE RINGING) 2 00:00:10,583 --> 00:00:12,083 (OPERATOR SPEAKING) 3 00:00:12,875 --> 00:00:14,625 (WOMAN SPEAKING) 4 00:00:20,458 --> 00:00:21,708 (DIALING) 5 00:00:21,792 --> 00:00:23,333 (OPERATOR SPEAKING) 6 00:00:23,417 --> 00:00:25,708 (MAN SPEAKING) 7 00:00:25,792 --> 00:00:27,125 (OPERATOR SPEAKING) 8 00:00:31,667 --> 00:00:33,583 JIM MOSIER: As I was getting off the motorcycle, 9 00:00:33,667 --> 00:00:35,667 this man starts yelling out the window to me. 10 00:00:35,792 --> 00:00:36,833 Profanities. 11 00:00:36,917 --> 00:00:38,875 "You ride like an ass (BLEEP)." 12 00:00:39,042 --> 00:00:40,208 You know, and he started 13 00:00:40,292 --> 00:00:41,333 very aggressively approaching me. 14 00:00:45,500 --> 00:00:48,917 JAKE BALDRIDGE: This case is interesting because it is all on camera. 15 00:00:49,000 --> 00:00:52,458 And it shows everything. 16 00:00:52,542 --> 00:00:55,500 MICHAEL CROCKER: The person that escalated it to firearms 17 00:00:55,625 --> 00:00:57,250 was you. 18 00:00:57,333 --> 00:00:59,958 To go from a fistfight 19 00:01:00,042 --> 00:01:01,792 when he came towards you to do so, 20 00:01:01,875 --> 00:01:04,292 -you shot him, correct? -Yes. 21 00:01:09,042 --> 00:01:10,583 There's this guy with a gun. 22 00:01:10,667 --> 00:01:12,750 This guy was trying to (BLEEP) kill me. 23 00:01:12,833 --> 00:01:13,875 Put your BB gun away. 24 00:01:13,958 --> 00:01:15,042 -Now! -Dude, stop! 25 00:01:15,125 --> 00:01:16,792 -Put it away! Put it away! -Stop! 26 00:01:16,875 --> 00:01:19,500 MOSIER: Fighting for my life put me in this situation. 27 00:01:19,583 --> 00:01:22,708 I survived once and I have to fight again now. 28 00:01:38,292 --> 00:01:39,667 BALDRIDGE: My name's Jake Baldridge, 29 00:01:39,792 --> 00:01:42,333 I'm an attorney here in Mohave County, Arizona 30 00:01:42,417 --> 00:01:45,667 and I am defending Jim Mosier. 31 00:01:46,708 --> 00:01:48,125 He's 24 years old. 32 00:01:48,208 --> 00:01:49,667 He doesn't have a criminal record, 33 00:01:49,792 --> 00:01:53,542 and he's accused by the State of second degree murder. 34 00:01:54,750 --> 00:01:55,958 If he's found guilty, 35 00:01:56,042 --> 00:01:57,333 the State can punish him 36 00:01:57,458 --> 00:01:59,625 up to 25 years in prison. 37 00:02:02,708 --> 00:02:05,125 Back on May 19th, 2021, 38 00:02:05,208 --> 00:02:08,042 Jim was going to the grocery store. 39 00:02:08,125 --> 00:02:10,167 He rode his motorcycle. 40 00:02:10,208 --> 00:02:13,000 And the State believes that on the way 41 00:02:13,042 --> 00:02:15,375 Jim was driving erratically, 42 00:02:15,458 --> 00:02:18,167 weaving in and out traffic, speeding. 43 00:02:21,333 --> 00:02:23,208 He went on to the grocery store 44 00:02:23,292 --> 00:02:25,333 and was parking his motorcycle 45 00:02:25,417 --> 00:02:27,667 when a man named Mr. Marcum, 46 00:02:27,750 --> 00:02:31,000 who had been driving a van on the highway, 47 00:02:31,083 --> 00:02:33,250 yelled at him basically about his anger 48 00:02:33,333 --> 00:02:35,458 at how Jim was driving. 49 00:02:35,542 --> 00:02:38,000 Jim responded, used an expletive, 50 00:02:38,083 --> 00:02:40,500 and basically said, "Get out of here." 51 00:02:41,417 --> 00:02:44,042 Mr. Marcum did a U-turn, 52 00:02:44,125 --> 00:02:46,583 got out of the van and approached. 53 00:02:46,667 --> 00:02:48,125 Jim is terrified. 54 00:02:48,208 --> 00:02:50,375 He drew a firearm 55 00:02:50,375 --> 00:02:52,875 and stood in a defensive position. 56 00:02:52,958 --> 00:02:56,250 But Mr. Marcum drew his own firearm and kept on coming. 57 00:02:57,167 --> 00:02:58,542 He tried to attack Jim. 58 00:02:59,542 --> 00:03:00,417 Jim shot him. 59 00:03:08,417 --> 00:03:10,792 Mr. Marcum's stepson, who was 13 at the time, 60 00:03:10,875 --> 00:03:12,417 was in the van, 61 00:03:12,500 --> 00:03:14,083 in the passenger seat, 62 00:03:14,167 --> 00:03:17,792 and unfortunately saw the shooting. 63 00:03:17,875 --> 00:03:20,667 I still can't imagine the type of stress that that is. 64 00:03:22,958 --> 00:03:26,500 The basis of Jim's defense is, 65 00:03:26,542 --> 00:03:29,750 he was defending himself from attack by a man 66 00:03:29,833 --> 00:03:32,083 who was enraged with a gun, 67 00:03:32,167 --> 00:03:34,500 kept coming at him, and ultimately, 68 00:03:34,542 --> 00:03:36,417 Mr. Marcum chose to assault him. 69 00:03:37,208 --> 00:03:38,958 At the simplest level, 70 00:03:39,042 --> 00:03:40,292 it's self-defense. 71 00:03:42,000 --> 00:03:44,000 I think it's a tragedy 72 00:03:44,083 --> 00:03:46,708 that Jim shot and killed a man, 73 00:03:48,000 --> 00:03:49,583 but... 74 00:03:49,667 --> 00:03:51,500 I don't think he committed murder. 75 00:03:51,542 --> 00:03:54,667 And, in fact, I don't think he committed a crime. 76 00:03:56,083 --> 00:03:57,333 I think he's innocent. 77 00:04:09,875 --> 00:04:12,250 MOSIER: I'd just turned 23 78 00:04:12,333 --> 00:04:13,333 when this incident happened. 79 00:04:15,042 --> 00:04:17,292 I never expected anything like this to happen to me, 80 00:04:17,292 --> 00:04:18,625 especially at such a young age. 81 00:04:27,333 --> 00:04:30,333 This whole case, from the moment it began, it's... 82 00:04:32,208 --> 00:04:34,708 The only word I could use is traumatic. 83 00:04:34,792 --> 00:04:36,125 You know, for me, 84 00:04:36,208 --> 00:04:38,417 and for the other family involved. 85 00:04:42,875 --> 00:04:44,292 Before all this happened, 86 00:04:44,375 --> 00:04:46,958 I was, I guess, just a normal, average guy. 87 00:04:47,042 --> 00:04:48,458 But ever since day one, 88 00:04:48,542 --> 00:04:50,375 I was on the front page of the newspaper. 89 00:04:51,333 --> 00:04:52,708 The general opinion 90 00:04:52,875 --> 00:04:55,250 is that I'm a punk kid on a motorcycle. 91 00:04:56,417 --> 00:04:59,333 Being publicized as this bad guy, 92 00:04:59,333 --> 00:05:03,375 it makes it hard to accept that I am a good person 93 00:05:04,625 --> 00:05:06,917 when everything around me is saying I'm not. 94 00:05:14,125 --> 00:05:17,083 This whole incident, it's not only affected me, 95 00:05:17,208 --> 00:05:19,792 it's very severely affected my mother. 96 00:05:19,875 --> 00:05:23,458 She kind of sees me as her support right now, 97 00:05:23,542 --> 00:05:25,417 and the thought of losing me, 98 00:05:25,500 --> 00:05:27,667 it's really made her shut down a lot. 99 00:05:29,500 --> 00:05:31,333 Kind of had a rough childhood. 100 00:05:31,375 --> 00:05:33,667 Parents were separated when I was younger. 101 00:05:33,708 --> 00:05:36,500 And I have a sister. She's five years older than me. 102 00:05:36,583 --> 00:05:39,125 We still keep contact, talk often. 103 00:05:39,208 --> 00:05:41,500 But she's in a different state, so, 104 00:05:41,583 --> 00:05:42,958 a little bit spread apart. 105 00:05:47,375 --> 00:05:50,167 I love coming out here just to connect with nature, 106 00:05:50,250 --> 00:05:52,875 get away from society and just be free, 107 00:05:53,000 --> 00:05:54,292 away from drama. 108 00:05:57,708 --> 00:06:00,333 Being able to get out and kind of get lost 109 00:06:00,458 --> 00:06:01,833 in a good sense of the word. 110 00:06:03,625 --> 00:06:05,333 It's terrifying I may lose this. 111 00:06:06,542 --> 00:06:09,458 I'm looking at up to 25 years in prison, 112 00:06:09,542 --> 00:06:11,583 so, it's a possibility. 113 00:06:23,458 --> 00:06:24,833 BALDRIDGE: Jim's coming in today 114 00:06:24,917 --> 00:06:26,792 to talk about what he's been charged with. 115 00:06:27,958 --> 00:06:29,792 I want to hear what he has to say, 116 00:06:29,875 --> 00:06:32,000 so that we can start putting together our defense. 117 00:06:35,833 --> 00:06:37,083 All right. 118 00:06:37,167 --> 00:06:38,333 The State of Arizona 119 00:06:38,458 --> 00:06:40,500 has charged you with one count 120 00:06:40,542 --> 00:06:41,750 of second degree murder. 121 00:06:43,333 --> 00:06:45,667 The State thinks you killed a man 122 00:06:45,750 --> 00:06:49,250 unlawfully and unjustifiably, 123 00:06:49,333 --> 00:06:50,917 and that you intended to kill him. 124 00:06:52,250 --> 00:06:53,958 I just want you to tell me what... 125 00:06:54,042 --> 00:06:56,083 What happened from your perspective, okay. 126 00:06:56,167 --> 00:07:00,125 So, just talk to me. 127 00:07:00,208 --> 00:07:03,292 I was on a motorcycle making my way to the Walmart. 128 00:07:03,292 --> 00:07:05,250 Went in to park my bike. 129 00:07:05,333 --> 00:07:07,167 As I was getting off the motorcycle, 130 00:07:07,208 --> 00:07:09,833 this man just starts yelling out the window to me. 131 00:07:09,875 --> 00:07:10,750 Profanities. 132 00:07:10,833 --> 00:07:12,958 "You ride like an ass (BLEEP)." 133 00:07:13,042 --> 00:07:14,625 And I was like, "Well, what's going on?" 134 00:07:14,708 --> 00:07:17,292 You know, I was completely caught off guard. 135 00:07:17,375 --> 00:07:19,083 BALDRIDGE: Let's go back to the highway. 136 00:07:20,042 --> 00:07:21,333 How were you driving? 137 00:07:21,417 --> 00:07:22,792 Um, nothing crazy. 138 00:07:22,875 --> 00:07:24,375 Just, you know, standard riding. 139 00:07:24,458 --> 00:07:26,458 You know, it was rush hour traffic. 140 00:07:26,542 --> 00:07:29,750 You know, probably 50, 55 miles an hour. 141 00:07:29,750 --> 00:07:31,333 So I just told him, you know, to get out of here or something, 142 00:07:31,375 --> 00:07:33,458 leave me alone. 143 00:07:33,542 --> 00:07:35,167 And he kind of like whipped his van around, 144 00:07:35,250 --> 00:07:36,500 you know, very, very violently 145 00:07:36,500 --> 00:07:37,542 and just, you know, slammed on his brakes, 146 00:07:37,667 --> 00:07:39,208 got out of the car 147 00:07:39,292 --> 00:07:41,458 and started, you know, very aggressively approaching me. 148 00:07:41,542 --> 00:07:43,417 You know, I was pretty much terrified. 149 00:07:44,500 --> 00:07:45,583 And he just keeps coming at me, 150 00:07:45,667 --> 00:07:47,167 he won't stop, won't stop, won't stop. 151 00:07:47,250 --> 00:07:49,208 -He kept screaming? -Yeah. 152 00:07:49,292 --> 00:07:51,000 I ended up drawing my firearm 153 00:07:51,042 --> 00:07:52,917 at, like, a down-and-ready position. 154 00:07:53,000 --> 00:07:54,625 And why'd you do that? 155 00:07:54,708 --> 00:07:57,667 Let him know I have a gun and just leave me alone. 156 00:07:57,750 --> 00:07:59,958 What were you saying as he was approaching? 157 00:08:00,042 --> 00:08:01,292 It was a plead 158 00:08:01,375 --> 00:08:03,542 of, "Dude, please stop! Stop!" 159 00:08:03,667 --> 00:08:05,458 And then he pulls out his gun. 160 00:08:07,292 --> 00:08:12,167 Did he indicate a willingness to withdraw or stop this? 161 00:08:12,208 --> 00:08:13,958 No, not at all. 162 00:08:14,083 --> 00:08:18,500 He was actually yelling at me to put my (BLEEP) BB gun away. 163 00:08:18,583 --> 00:08:21,417 I'll never in my life know why he said that 164 00:08:21,500 --> 00:08:23,125 or why he thought I had a BB gun 165 00:08:23,208 --> 00:08:26,125 or if he actually did think I had a BB gun. 166 00:08:26,208 --> 00:08:27,292 BALDRIDGE: But that's basic 167 00:08:27,375 --> 00:08:29,042 -gun safety 101. -Yes. 168 00:08:29,167 --> 00:08:31,875 You assume a gun can harm you. 169 00:08:32,250 --> 00:08:33,250 Right. 170 00:08:35,042 --> 00:08:36,250 What happened next? 171 00:08:36,333 --> 00:08:37,500 I was cornered, 172 00:08:37,583 --> 00:08:40,083 and I was continually taking steps back, 173 00:08:40,167 --> 00:08:43,000 and then he tried to kick my gun out of my hands, 174 00:08:43,708 --> 00:08:44,708 and that's when it just, 175 00:08:44,792 --> 00:08:46,167 out of pure instinct, 176 00:08:46,250 --> 00:08:47,500 um, I pulled the trigger. 177 00:08:49,417 --> 00:08:50,583 I felt like I had to. 178 00:08:50,667 --> 00:08:52,500 I was... I was... 179 00:08:53,667 --> 00:08:55,333 (EXHALES) I was just terrified. 180 00:08:55,417 --> 00:08:59,167 I felt like this guy was just going to try to kill me, harm me. 181 00:08:59,250 --> 00:09:00,875 So I did what I had to do. 182 00:09:04,417 --> 00:09:05,500 Did you want to shoot him? 183 00:09:07,375 --> 00:09:08,292 No. 184 00:09:10,542 --> 00:09:13,375 I think the State will argue 185 00:09:13,458 --> 00:09:15,333 that you're a young kid, 186 00:09:15,417 --> 00:09:17,583 you like guns, like driving fast, 187 00:09:17,667 --> 00:09:19,875 and you were waiting 188 00:09:19,958 --> 00:09:21,833 for an opportunity to use that gun, 189 00:09:21,875 --> 00:09:24,042 because you were looking for a gunfight. 190 00:09:28,875 --> 00:09:31,042 It's unfortunate people see me that way, but... 191 00:09:31,708 --> 00:09:33,292 It just all feels wrong. 192 00:09:33,375 --> 00:09:36,083 I mean, in what instance are you not able to defend yourself? 193 00:09:39,708 --> 00:09:42,667 Everything has to do with the State 194 00:09:42,750 --> 00:09:44,875 wanting to make Jim look bad. 195 00:09:45,000 --> 00:09:47,458 Make him look like the aggressor. 196 00:09:47,542 --> 00:09:51,000 I will have to convince the jury 197 00:09:51,042 --> 00:09:55,833 that Jim is not this bad boy on a motorcycle. 198 00:10:11,083 --> 00:10:12,958 BALDRIDGE: My client killed a man. 199 00:10:13,042 --> 00:10:13,958 That's true. 200 00:10:14,875 --> 00:10:16,542 This is a tragic event, 201 00:10:16,667 --> 00:10:18,417 but the issue is 202 00:10:18,500 --> 00:10:21,333 whether or not he was justified in doing what he did. 203 00:10:27,208 --> 00:10:30,583 This case is interesting because it is all on camera. 204 00:10:38,042 --> 00:10:39,583 I'm meeting with Michael. 205 00:10:39,708 --> 00:10:41,500 He is co-counsel on this case, 206 00:10:41,583 --> 00:10:44,375 and he's a former prosecutor. 207 00:10:44,458 --> 00:10:46,500 I want to know what he thinks 208 00:10:46,542 --> 00:10:48,125 the State is going to really hammer us on. 209 00:10:49,208 --> 00:10:50,750 All right, let's do this. 210 00:10:55,042 --> 00:10:58,625 This is where Jim arrives at the store on his motorcycle. 211 00:11:00,292 --> 00:11:01,708 Jim pulls in, 212 00:11:01,792 --> 00:11:03,625 takes off his helmet, takes out his earbuds. 213 00:11:08,542 --> 00:11:11,917 Here is when it looks like Jim hears somebody yell at him, 214 00:11:12,042 --> 00:11:13,917 the deceased. 215 00:11:14,000 --> 00:11:16,208 I think the worst thing that hurts us 216 00:11:16,292 --> 00:11:17,125 is the lack of audio. 217 00:11:17,208 --> 00:11:19,125 So we have no idea what Mr. Marcum said. 218 00:11:20,542 --> 00:11:23,375 CROCKER: Okay, here's the easygoing Jim, 219 00:11:23,458 --> 00:11:25,042 he clearly sees something. 220 00:11:27,208 --> 00:11:28,208 Boom! 221 00:11:28,292 --> 00:11:30,417 Jim's giving him the bird. 222 00:11:30,500 --> 00:11:31,917 It's the first aggressive gesture. 223 00:11:33,333 --> 00:11:34,875 BALDRIDGE: But Jim is adamant 224 00:11:34,958 --> 00:11:37,042 he wasn't being aggressive. 225 00:11:37,208 --> 00:11:39,167 You mean, the guy on trial for murder 226 00:11:39,250 --> 00:11:41,167 is gonna say that it wasn't aggressive. 227 00:11:41,250 --> 00:11:43,417 Okay. I don't think that's going to fly. 228 00:11:44,875 --> 00:11:46,708 The next thing I don't like at all, 229 00:11:46,792 --> 00:11:49,500 how far he walks towards him. 230 00:11:49,500 --> 00:11:50,875 BALDRIDGE: Why? 231 00:11:51,042 --> 00:11:55,333 Because he's clearly advancing towards the deceased. 232 00:11:56,458 --> 00:11:57,958 He walks into the conflict. 233 00:11:59,375 --> 00:12:01,125 I mean, I'm going to hammer that all day long 234 00:12:01,208 --> 00:12:02,333 if I'm the prosecution. 235 00:12:05,208 --> 00:12:08,667 BALDRIDGE: Well, what do you make of him backing up out of it? 236 00:12:08,750 --> 00:12:10,542 CROCKER: I think that's our best thing 237 00:12:10,667 --> 00:12:12,000 to try and neutralize 238 00:12:12,125 --> 00:12:14,667 that argument of him walking into it. 239 00:12:14,750 --> 00:12:17,875 But I'm afraid that once he was walking forward, 240 00:12:18,000 --> 00:12:20,167 he was the aggressor at that point. 241 00:12:20,292 --> 00:12:21,917 BALDRIDGE: Do you think the State's going to say 242 00:12:22,000 --> 00:12:23,708 -he was looking for a fight? -CROCKER: Absolutely. 243 00:12:29,875 --> 00:12:31,375 BALDRIDGE: Then Jim draws. 244 00:12:31,375 --> 00:12:34,125 He's holding his gun in a defensive posture. 245 00:12:34,208 --> 00:12:36,333 CROCKER: I think it's going to definitely be argued that 246 00:12:36,417 --> 00:12:39,167 Jim pulled his gun out first. 247 00:12:39,250 --> 00:12:41,708 BALDRIDGE: That's when the deceased takes out his own gun, 248 00:12:41,833 --> 00:12:43,708 and within a matter of two seconds 249 00:12:43,833 --> 00:12:44,958 puts it back. 250 00:12:48,542 --> 00:12:51,833 You have to address the fact that he put it away, 251 00:12:51,917 --> 00:12:54,958 but Jim never puts his away. 252 00:12:54,958 --> 00:12:57,667 I think they're going to try to show to the jury 253 00:12:57,792 --> 00:13:00,375 that Mr. Marcum wanted this to be a fistfight. 254 00:13:00,500 --> 00:13:02,417 It wasn't going to involve firearms anymore. 255 00:13:03,750 --> 00:13:05,750 And in a matter of seconds, 256 00:13:06,375 --> 00:13:07,875 he kicks. 257 00:13:08,000 --> 00:13:09,417 And that's when Jim shoots. 258 00:13:11,375 --> 00:13:14,125 The deceased kicked so hard that he kicked his own shoe off, 259 00:13:14,208 --> 00:13:16,417 and it landed, like, 15 feet away. 260 00:13:18,750 --> 00:13:20,792 CROCKER: But again, we've got no audio there. 261 00:13:20,875 --> 00:13:22,792 We're going to have to rely 262 00:13:22,875 --> 00:13:25,500 on Jim giving his account. 263 00:13:25,542 --> 00:13:28,750 The problem, too, though, is every time you explain it 264 00:13:28,875 --> 00:13:30,625 and what happened and who was aggressive, 265 00:13:30,708 --> 00:13:32,167 it all ends at this point. 266 00:13:32,958 --> 00:13:34,500 There's a man who died 267 00:13:34,625 --> 00:13:36,167 because of Jim's actions. 268 00:13:52,208 --> 00:13:54,000 I guess I've just been in cars 269 00:13:54,125 --> 00:13:56,375 pretty much all my life since I was a little kid. 270 00:13:56,458 --> 00:13:58,208 I think they're incredible machines. 271 00:13:59,375 --> 00:14:00,750 Something I just enjoy. 272 00:14:00,875 --> 00:14:02,208 Seem to be pretty good at it. 273 00:14:09,833 --> 00:14:11,375 SHAWN GLAZE: Hey, Jim. MOSIER: Yeah. 274 00:14:11,458 --> 00:14:13,667 Can I get you to go look at that Jeep over there? 275 00:14:13,792 --> 00:14:15,333 Check out the shifter. 276 00:14:15,417 --> 00:14:16,875 MOSIER: Jeep? All righty. 277 00:14:16,958 --> 00:14:19,042 Shawn and his family pretty much, you know, 278 00:14:19,167 --> 00:14:21,333 had a great liking for me right away. 279 00:14:21,417 --> 00:14:23,000 GLAZE: This Jeep, it's popping out of first 280 00:14:23,083 --> 00:14:24,708 and second gear as you're going on the road. 281 00:14:24,708 --> 00:14:26,417 MOSIER: Oh, is that the one that we're thinking needs the... 282 00:14:26,500 --> 00:14:27,667 -The bushing? Yeah. -...that shifter bushing? 283 00:14:27,667 --> 00:14:29,500 Yeah. 284 00:14:29,542 --> 00:14:31,583 MOSIER: The people who work here, they kind of took me in. 285 00:14:31,667 --> 00:14:33,625 They definitely understand what I'm going through. 286 00:14:33,708 --> 00:14:35,417 Let's see what the underside of this thing looks like 287 00:14:35,500 --> 00:14:36,625 -real quick. -Good. 288 00:14:36,708 --> 00:14:38,000 -Just check it out. Let me know... -All right. 289 00:14:38,083 --> 00:14:39,542 GLAZE: He's a special kid. 290 00:14:39,625 --> 00:14:40,708 Whenever he needs something, 291 00:14:40,792 --> 00:14:43,083 I'm there to talk to him about it. 292 00:14:43,208 --> 00:14:45,375 The weight of the world's on his shoulders right now. 293 00:14:45,375 --> 00:14:46,917 He's scared to death. 294 00:14:47,000 --> 00:14:47,958 When you talk to him about it, 295 00:14:48,042 --> 00:14:49,167 the look on his face, 296 00:14:49,208 --> 00:14:50,833 it's just... It's like he's scared. 297 00:14:50,958 --> 00:14:52,250 He can't believe it happened. 298 00:14:53,750 --> 00:14:56,000 I'll just pray and hope that everything works out for him 299 00:14:56,042 --> 00:14:57,375 and I'll support him. 300 00:14:59,833 --> 00:15:02,458 MOSIER: I guess you can call me a workaholic at this point. 301 00:15:02,542 --> 00:15:04,833 This keeps me busy, keeps my mind occupied, 302 00:15:04,917 --> 00:15:06,000 and that's what I need to do. 303 00:15:18,500 --> 00:15:20,708 BALDRIDGE: The plan for today is to watch the interview 304 00:15:20,833 --> 00:15:23,292 that Jim did with detectives on the day of the shooting. 305 00:16:11,333 --> 00:16:12,667 BALDRIDGE: What's good about it 306 00:16:12,708 --> 00:16:15,750 is that Jim truly thought 307 00:16:15,875 --> 00:16:18,375 Mr. Marcum had a gun in his hand. 308 00:16:18,542 --> 00:16:21,875 But we know from the surveillance video 309 00:16:22,000 --> 00:16:25,042 that Mr. Marcum didn't have a gun in his hand, 310 00:16:25,125 --> 00:16:27,542 and I think we're going to have to address that. 311 00:16:27,625 --> 00:16:28,500 Absolutely. 312 00:16:41,875 --> 00:16:43,875 (DETECTIVE SPEAKING) 313 00:16:43,958 --> 00:16:46,167 I don't like the fact that he kind of 314 00:16:46,250 --> 00:16:48,333 brags about knowing all the laws. 315 00:16:48,417 --> 00:16:51,833 The State is going to say he knows 316 00:16:51,917 --> 00:16:54,542 that he has to convey he felt threatened. 317 00:16:54,667 --> 00:16:57,750 He just says things that seem to fit the perfect narrative. 318 00:16:59,875 --> 00:17:01,375 (JIM SPEAKING) 319 00:17:08,625 --> 00:17:10,333 BALDRIDGE: Maybe Jim does know the law. 320 00:17:10,458 --> 00:17:13,375 Maybe he does know that he can't pull his gun 321 00:17:13,458 --> 00:17:15,208 until he's threatened physically. 322 00:17:15,333 --> 00:17:17,875 Well, guess what? He was threatened physically 323 00:17:17,958 --> 00:17:19,000 and he chose to shoot 324 00:17:19,125 --> 00:17:21,250 at the very last second possible. 325 00:17:22,792 --> 00:17:26,042 CROCKER: I just feel that they're going to spin that to, 326 00:17:26,167 --> 00:17:28,875 "He knew exactly how to play this thing, 327 00:17:29,000 --> 00:17:30,792 "from the moment that he yelled at him, 328 00:17:30,917 --> 00:17:32,875 "and the moment he gestured... 329 00:17:33,000 --> 00:17:34,167 "He wanted to kill this guy. 330 00:17:34,208 --> 00:17:35,542 "That was his intent." 331 00:17:48,667 --> 00:17:50,333 BALDRIDGE: We got some pretty big news today 332 00:17:50,375 --> 00:17:53,833 that could change the course of this case. 333 00:17:53,958 --> 00:17:56,292 The State extended a plea offer to Jim. 334 00:17:57,250 --> 00:17:58,875 It is a big decision, 335 00:17:58,958 --> 00:18:01,917 so I now need to relay that to him 336 00:18:02,042 --> 00:18:03,583 and see what he thinks about it. 337 00:18:07,667 --> 00:18:09,333 (CELL PHONE RINGING) 338 00:18:14,333 --> 00:18:15,333 Hello. 339 00:18:17,792 --> 00:18:18,958 What's going on? 340 00:18:19,042 --> 00:18:20,167 (JAKE SPEAKING) 341 00:18:24,708 --> 00:18:26,333 Oh, all right. 342 00:18:27,000 --> 00:18:28,458 (JAKE SPEAKING) 343 00:18:34,167 --> 00:18:37,375 Okay, so I'd be signing a felony 344 00:18:37,500 --> 00:18:38,833 that says I, 345 00:18:38,875 --> 00:18:41,458 you know, unlawfully, you know, killed somebody 346 00:18:41,542 --> 00:18:44,125 when all I was doing was defending myself. 347 00:18:44,208 --> 00:18:45,333 (JAKE SPEAKING) 348 00:19:08,875 --> 00:19:10,500 (JAKE SPEAKING) 349 00:19:18,208 --> 00:19:19,833 Okay, thank you. 350 00:19:19,875 --> 00:19:21,250 All right, bye. 351 00:19:25,125 --> 00:19:26,917 I don't really like a plea deal. 352 00:19:27,042 --> 00:19:28,958 With trial, there's a big risk, 353 00:19:29,042 --> 00:19:31,125 but there's also the ultimate reward 354 00:19:31,208 --> 00:19:34,125 of being acquitted of all charges. 355 00:19:34,208 --> 00:19:36,167 Six and a half hours after it happened, 356 00:19:36,292 --> 00:19:37,875 I was actually taken into custody, 357 00:19:38,000 --> 00:19:39,583 booked into the jail. 358 00:19:39,708 --> 00:19:43,000 I ended up doing 194 days of that... 359 00:19:43,083 --> 00:19:45,208 Which, you know, is only a portion 360 00:19:45,292 --> 00:19:48,417 of the sentence I could be looking at. 361 00:19:49,417 --> 00:19:51,750 Every day in there was hell. 362 00:19:51,875 --> 00:19:53,833 And I'm willing to risk it all to never go back. 363 00:20:07,792 --> 00:20:09,333 BALDRIDGE: Jim told me that he'd decided 364 00:20:09,417 --> 00:20:11,417 to reject the State's offer. 365 00:20:12,708 --> 00:20:14,000 It is a big moment. 366 00:20:14,083 --> 00:20:15,583 Rejecting an offer like that 367 00:20:16,792 --> 00:20:18,917 has to be tough for him. 368 00:20:19,042 --> 00:20:20,417 And there's a lot of pressure there 369 00:20:20,500 --> 00:20:22,458 because of the extreme difference in sentences. 370 00:20:24,333 --> 00:20:26,167 The risk is huge. 371 00:20:26,250 --> 00:20:28,542 Because he's turned down a guaranteed offer 372 00:20:28,625 --> 00:20:30,167 to roll the dice in front of a jury 373 00:20:30,208 --> 00:20:33,333 that we haven't even chosen yet. 374 00:20:33,375 --> 00:20:36,875 But there's video of him shooting a man in self-defense. 375 00:20:36,958 --> 00:20:38,583 That's what I see. 376 00:20:38,708 --> 00:20:41,333 And that's what I have to convince the jury of. 377 00:20:54,000 --> 00:20:55,333 BALDRIDGE: All right. 378 00:20:55,375 --> 00:20:57,500 I want to reenact what happened. 379 00:20:59,375 --> 00:21:02,125 When Mr. Marcum kicked you, 380 00:21:02,208 --> 00:21:05,458 had you seen his right hand 381 00:21:05,583 --> 00:21:07,625 -without a gun in it? -No. 382 00:21:07,708 --> 00:21:09,500 I thought he had it in his hand the whole time. 383 00:21:20,917 --> 00:21:24,125 So I want to go through what you could and could not see 384 00:21:24,208 --> 00:21:25,833 based on the circumstances, okay? 385 00:21:25,917 --> 00:21:27,583 Okay. 386 00:21:27,667 --> 00:21:30,500 I'm going to move back over here a little bit now, 387 00:21:30,583 --> 00:21:33,417 -and I'm going to be pretending I'm Mr. Marcum... -Okay. 388 00:21:33,417 --> 00:21:35,458 ...and I'm walking at you. 389 00:21:35,542 --> 00:21:37,250 All right. Sounds good. Let's do it. 390 00:21:41,083 --> 00:21:42,958 All right, here I come. 391 00:21:43,042 --> 00:21:45,000 What are you doing? You're driving like an idiot! 392 00:21:45,125 --> 00:21:46,167 Put your BB gun away. 393 00:21:46,250 --> 00:21:47,500 -Stop! -Now! 394 00:21:47,542 --> 00:21:49,125 Put your BB gun away. I told you. Put it away. 395 00:21:49,208 --> 00:21:50,250 -Stop. -Put it away! 396 00:21:50,333 --> 00:21:51,417 -Stop! -Put it away! 397 00:21:53,875 --> 00:21:55,250 BALDRIDGE: I thought that was really good. 398 00:21:55,333 --> 00:21:57,375 I think, even in that moment, 399 00:21:57,458 --> 00:21:59,625 Jim was a little frightened 400 00:21:59,708 --> 00:22:01,250 because Terry just kept coming, 401 00:22:01,333 --> 00:22:04,417 and I don't think you were expecting it. 402 00:22:04,542 --> 00:22:06,042 I didn't even have a real gun. 403 00:22:06,125 --> 00:22:07,333 -Right. -And you knew that. 404 00:22:07,417 --> 00:22:08,958 -Right. -But I knew you weren't looking 405 00:22:09,042 --> 00:22:10,417 -at my hand. -Right. 406 00:22:10,542 --> 00:22:12,000 -You were looking right here. -Yeah. Just overall, 407 00:22:12,042 --> 00:22:13,375 overall body. 408 00:22:13,500 --> 00:22:18,292 Is it plausible that Jim didn't see Mr. Marcum 409 00:22:18,375 --> 00:22:20,000 put his gun back in his pocket? 410 00:22:20,125 --> 00:22:21,417 Yes, very much so. 411 00:22:22,875 --> 00:22:24,875 -Were you in fear of your life? -Absolutely. 412 00:22:24,958 --> 00:22:28,000 He was either there to, you know, severely assault me 413 00:22:28,083 --> 00:22:29,583 or ultimately, you know, kill me. 414 00:22:30,708 --> 00:22:32,500 I didn't want to shoot him. 415 00:22:32,583 --> 00:22:36,833 Truthfully, at the absolute last second, is when I did. 416 00:22:36,917 --> 00:22:39,667 FLANAGAN: I think Jim showed a whole lot of restraint 417 00:22:39,792 --> 00:22:42,583 letting him come at him with a gun in his hand. 418 00:22:43,458 --> 00:22:44,875 Once I saw that gun, 419 00:22:44,958 --> 00:22:46,542 he never would have got that close to me. 420 00:22:47,792 --> 00:22:49,375 Is it your opinion 421 00:22:49,458 --> 00:22:52,750 that Jim was justified to shoot him when he did? 422 00:22:53,333 --> 00:22:54,417 Yes. 423 00:23:21,583 --> 00:23:23,667 BALDRIDGE: These witnesses were going to Walmart 424 00:23:23,792 --> 00:23:25,500 like anybody else there that day. 425 00:23:26,792 --> 00:23:29,083 They stayed in the parking lot 426 00:23:29,167 --> 00:23:31,625 until after the incident, 427 00:23:31,708 --> 00:23:33,667 and then one of them approached immediately 428 00:23:33,792 --> 00:23:36,375 and began rendering aid to Mr. Marcum. 429 00:23:40,833 --> 00:23:42,542 What's really good about these witnesses 430 00:23:42,625 --> 00:23:46,542 is that they were so close to the incident. 431 00:23:46,625 --> 00:23:49,750 If they corroborate what Jim tells us, 432 00:23:49,875 --> 00:23:52,917 that absolutely could be a game changer. 433 00:24:22,042 --> 00:24:26,292 So, today, Terry and I did the interview of the EMT, 434 00:24:26,375 --> 00:24:28,125 first on scene. 435 00:24:28,208 --> 00:24:29,500 So, did you get an opportunity 436 00:24:29,583 --> 00:24:31,875 to talk to him about what he could hear specifically 437 00:24:32,000 --> 00:24:32,833 from which party? 438 00:24:32,917 --> 00:24:35,083 What did he say as far as that goes? 439 00:24:35,208 --> 00:24:37,958 So, what he saw was the deceased 440 00:24:38,042 --> 00:24:40,375 continue forward, continue yelling. 441 00:24:40,542 --> 00:24:42,500 And Jim continuing to back up 442 00:24:42,625 --> 00:24:44,042 closer and closer to his motorcycle, 443 00:24:44,125 --> 00:24:45,167 which was in the corner. 444 00:24:45,250 --> 00:24:46,333 Okay. 445 00:24:46,375 --> 00:24:49,667 He does say, too, that Jim says, 446 00:24:49,750 --> 00:24:51,417 "Don't keep coming at me. 447 00:24:51,500 --> 00:24:53,083 "I will shoot you." 448 00:24:53,167 --> 00:24:54,167 CROCKER: So he confirmed that? 449 00:24:54,250 --> 00:24:55,333 BALDRIDGE: Yes. 450 00:24:55,458 --> 00:24:56,583 CROCKER: Which is fantastic. 451 00:24:58,125 --> 00:25:00,417 Did he characterize who he felt was the aggressor? 452 00:25:00,542 --> 00:25:01,542 Absolutely. 453 00:25:01,667 --> 00:25:03,000 The entire interview 454 00:25:03,042 --> 00:25:05,583 was focused on the deceased being the aggressor. 455 00:25:07,917 --> 00:25:09,458 BALDRIDGE: He said it over and over again. 456 00:25:09,542 --> 00:25:11,917 Aggressor. Aggressor. Aggressor. Aggressor. 457 00:25:12,042 --> 00:25:13,667 CROCKER: Wow. 458 00:25:13,792 --> 00:25:16,333 So, aggressiveness on the part of the deceased, 459 00:25:16,375 --> 00:25:18,125 -huge for us. -Right. 460 00:25:29,667 --> 00:25:30,875 BALDRIDGE: I'm gonna show you the video. 461 00:25:33,500 --> 00:25:34,708 (INDISTINCT CONVERSATION) 462 00:25:34,708 --> 00:25:36,417 WOMAN: Hey, stay over here. 463 00:25:36,500 --> 00:25:37,583 Stay over here. 464 00:25:39,542 --> 00:25:40,833 WOMAN: Stay over here. 465 00:25:40,875 --> 00:25:42,917 WOMAN: Stay over here. Stay over here. 466 00:25:44,167 --> 00:25:45,500 WOMAN: Stay... 467 00:25:47,292 --> 00:25:49,167 -CROCKER: Wow! -Yeah. 468 00:25:49,250 --> 00:25:51,500 CROCKER: The audio changes everything. 469 00:25:53,333 --> 00:25:56,250 He's screaming at Jim. 470 00:25:56,333 --> 00:26:00,250 BALDRIDGE: The audio is important and shows the intensity 471 00:26:00,333 --> 00:26:01,833 and how loud he was 472 00:26:01,875 --> 00:26:04,750 and kind of reminds us who the aggressor is. 473 00:26:04,875 --> 00:26:06,000 WOMAN: Hey. Stay over here. Stay over here. 474 00:26:06,083 --> 00:26:07,250 Stay over here. 475 00:26:07,375 --> 00:26:08,208 Stay over here. 476 00:26:09,167 --> 00:26:10,458 Stay... 477 00:26:10,542 --> 00:26:12,417 The woman who took the cell phone video 478 00:26:12,542 --> 00:26:16,333 told me she prays for Jim every night. 479 00:26:16,417 --> 00:26:17,917 She thinks Jim is justified. 480 00:26:23,958 --> 00:26:26,667 I'd say that's two pretty big wins for Jim today, though. 481 00:26:26,750 --> 00:26:28,542 -Absolutely. It is. -Absolutely. 482 00:26:28,625 --> 00:26:30,375 We have two witnesses 483 00:26:30,458 --> 00:26:32,958 that say he was justified. 484 00:26:51,542 --> 00:26:55,792 BALDRIDGE: It's uncommon for defendants to take the stand. 485 00:26:55,875 --> 00:26:59,708 But putting Jim on the stand means we own the facts, 486 00:26:59,792 --> 00:27:01,333 we know what happened, 487 00:27:01,458 --> 00:27:03,917 and here's why it's not a crime. 488 00:27:04,000 --> 00:27:05,333 All right. Why don't you have a seat there? 489 00:27:12,625 --> 00:27:14,000 BALDRIDGE: I've asked Michael 490 00:27:14,125 --> 00:27:17,125 to be as tough on Jim as possible. 491 00:27:17,208 --> 00:27:20,250 And however uncomfortable he is, 492 00:27:20,250 --> 00:27:21,917 it will be nothing compared 493 00:27:22,042 --> 00:27:23,542 to what he faces at trial. 494 00:27:23,625 --> 00:27:24,875 All right. We're ready whenever you are. 495 00:27:27,542 --> 00:27:29,708 CROCKER: So, Mr. Mosier, 496 00:27:29,833 --> 00:27:32,792 you would agree that you were engaged in an altercation, 497 00:27:32,875 --> 00:27:34,750 -correct? -Yes. 498 00:27:34,833 --> 00:27:37,292 So, you have categorized it, along with counsel, 499 00:27:37,375 --> 00:27:40,500 that you were very much trying to defuse the situation. 500 00:27:40,583 --> 00:27:43,000 Yet you made some sort of gesture towards him, correct? 501 00:27:43,917 --> 00:27:44,875 Correct. 502 00:27:46,792 --> 00:27:47,833 CROCKER: And you would agree 503 00:27:47,958 --> 00:27:50,042 that making hand gestures could be taken 504 00:27:50,125 --> 00:27:52,625 as an escalation of an altercation, correct? 505 00:27:54,583 --> 00:27:56,042 MOSIER: I don't see how. 506 00:27:56,167 --> 00:27:57,625 Okay, if we're yelling back and forth 507 00:27:57,708 --> 00:27:58,875 and I give you the finger, 508 00:27:58,958 --> 00:28:00,292 did I just escalate it 509 00:28:01,250 --> 00:28:02,833 with a hand gesture? 510 00:28:02,958 --> 00:28:04,833 -I suppose, yes. -Okay. All right. 511 00:28:04,958 --> 00:28:08,333 And when you approach someone physically, 512 00:28:08,417 --> 00:28:10,333 have you escalated the altercation? 513 00:28:10,375 --> 00:28:11,625 -Yes. -Okay. 514 00:28:11,708 --> 00:28:12,917 And that's what you did in this case, right? 515 00:28:15,375 --> 00:28:18,750 I approached his vehicle to have a conversation, 516 00:28:18,875 --> 00:28:22,208 to, to hear things and better assess the situation. 517 00:28:25,375 --> 00:28:29,667 CROCKER: When Mr. Marcum came out of the vehicle... 518 00:28:31,292 --> 00:28:33,208 It was a verbal fight at that point, correct? 519 00:28:34,917 --> 00:28:36,333 -Yes. -He was saying words. 520 00:28:36,375 --> 00:28:37,500 -You were saying words. -Yes. 521 00:28:37,583 --> 00:28:39,458 He was cussing. You were cussing. 522 00:28:39,542 --> 00:28:41,958 I may have been swearing back. Yes. 523 00:28:42,042 --> 00:28:45,667 And then the person that escalated it to firearms 524 00:28:45,792 --> 00:28:46,917 was you, correct? 525 00:28:49,208 --> 00:28:50,833 I... I drew a firearm... 526 00:28:50,917 --> 00:28:52,167 -CROCKER: You drew your firearm... -...after that. 527 00:28:52,250 --> 00:28:54,500 ...after y'all were yelling at each other, correct? 528 00:28:54,625 --> 00:28:56,708 After I was threatened as well. Correct. 529 00:28:59,458 --> 00:29:01,667 He ultimately did show you that he had a firearm? 530 00:29:01,792 --> 00:29:02,833 -Yes. -And at that point, 531 00:29:02,958 --> 00:29:05,000 he put it away, correct? 532 00:29:05,042 --> 00:29:07,792 I was not aware of that in the moment. 533 00:29:07,875 --> 00:29:09,083 CROCKER: But now you've learned 534 00:29:09,167 --> 00:29:10,708 that he actually put the gun away, 535 00:29:10,792 --> 00:29:12,083 -correct? -Yes. 536 00:29:12,167 --> 00:29:13,958 CROCKER: He was of no threat. 537 00:29:16,000 --> 00:29:18,750 To go from a fistfight 538 00:29:18,833 --> 00:29:20,458 when he came towards you to do so, 539 00:29:20,542 --> 00:29:22,000 you shot him, correct? 540 00:29:28,167 --> 00:29:30,167 -Yes. -CROCKER: You shot him in center mass. 541 00:29:30,208 --> 00:29:32,167 -Yes. -CROCKER: You shot with the intent to kill. 542 00:29:32,250 --> 00:29:33,750 -Correct? -Yes. 543 00:29:38,833 --> 00:29:41,000 That was bad. 544 00:29:45,375 --> 00:29:46,292 MOSIER: Okay. 545 00:29:47,333 --> 00:29:48,875 My understanding is that 546 00:29:48,958 --> 00:29:50,500 your intent wasn't to kill. 547 00:29:50,625 --> 00:29:52,542 Your intent was to shoot. 548 00:29:52,542 --> 00:29:53,833 MOSIER: Right. 549 00:29:53,958 --> 00:29:55,792 But your intent was to shoot to stop the threat. 550 00:29:55,875 --> 00:29:57,458 The intent was to stop. 551 00:29:57,542 --> 00:29:58,750 -BALDRIDGE: Okay. -Okay. 552 00:30:05,708 --> 00:30:09,375 BALDRIDGE: There were things about how Jim answered questions 553 00:30:09,458 --> 00:30:11,292 that I didn't like. 554 00:30:11,375 --> 00:30:14,042 So I think we need to work on a few things, 555 00:30:15,250 --> 00:30:17,958 but I think he should take the stand 556 00:30:18,042 --> 00:30:19,917 and testify in his own defense 557 00:30:19,917 --> 00:30:21,500 so the jury see that he's not 558 00:30:21,542 --> 00:30:25,833 this monster on a motorcycle that the State is, 559 00:30:25,833 --> 00:30:27,417 I think, wanting to make him out to be. 560 00:30:42,542 --> 00:30:45,542 MOSIER: Just having someone there I can trust unconditionally 561 00:30:45,625 --> 00:30:47,458 is a good feeling. 562 00:30:47,542 --> 00:30:50,292 My nephew, Apollo, is going to be there. 563 00:30:50,375 --> 00:30:52,333 -(KNOCKS ON DOOR) -I'm excited. 564 00:30:53,542 --> 00:30:55,833 -APOLLO: Uncle. -Hello. 565 00:30:55,958 --> 00:30:57,333 -What's going on? -(APOLLO EXCLAIMS) 566 00:30:59,708 --> 00:31:01,083 What's this? 567 00:31:01,833 --> 00:31:03,083 Roar! 568 00:31:04,208 --> 00:31:06,625 -Yeah. (LAUGHS) -Spider-saurus. 569 00:31:06,708 --> 00:31:08,167 -Thank you. -He wants a big hug. 570 00:31:08,292 --> 00:31:10,083 -I want a big hug. -Look, he's gonna be small now. 571 00:31:11,333 --> 00:31:12,833 -Hi, buddy. -Aw. 572 00:31:13,792 --> 00:31:14,833 Oh, you gonna run away? 573 00:31:14,875 --> 00:31:16,917 (BRITTANY LAUGHS) 574 00:31:17,042 --> 00:31:18,833 BRITTANY: We've always been just very close, 575 00:31:18,917 --> 00:31:20,167 almost like twins. 576 00:31:20,292 --> 00:31:21,792 Even when we don't see each other for a while, 577 00:31:21,875 --> 00:31:23,667 we just jump back in, like... 578 00:31:23,750 --> 00:31:25,500 Like it's always been us. 579 00:31:25,583 --> 00:31:26,833 Do you remember that you were going to give 580 00:31:26,875 --> 00:31:28,250 this special thing to Jim? 581 00:31:31,917 --> 00:31:33,458 -Did you tell him what it says? -I love you. 582 00:31:33,542 --> 00:31:36,500 I love you 3,000. 583 00:31:36,583 --> 00:31:38,625 BRITTANY: I'm thankful that he's alive, 584 00:31:38,708 --> 00:31:39,667 because I think it could have went 585 00:31:39,750 --> 00:31:41,000 either way in that moment. 586 00:31:41,042 --> 00:31:42,875 Ahh! He's got my nose. 587 00:31:46,792 --> 00:31:49,292 He loves that dinosaur too much. 588 00:31:49,375 --> 00:31:50,958 -BRITTANY: I told you. -You were right. 589 00:31:51,042 --> 00:31:52,542 BRITTANY: Uh-huh. (LAUGHS) 590 00:31:54,083 --> 00:31:55,583 MOSIER: Meeting with Apollo today, 591 00:31:55,667 --> 00:31:58,875 I mean, it does give me something to look forward to, 592 00:31:59,042 --> 00:32:01,875 but it also gives me something to fear. 593 00:32:02,875 --> 00:32:04,292 You know, something to... 594 00:32:05,417 --> 00:32:06,292 Something that hurts. 595 00:32:16,417 --> 00:32:18,625 BALDRIDGE: Jury trials are always so scary. 596 00:32:19,958 --> 00:32:21,292 There are bad facts in this case. 597 00:32:22,750 --> 00:32:24,208 Jim killed a man 598 00:32:24,292 --> 00:32:25,958 in the parking lot of a Walmart. 599 00:32:26,750 --> 00:32:27,958 On the other hand, 600 00:32:28,042 --> 00:32:30,542 I'm confident that Jim did not commit a crime. 601 00:32:35,250 --> 00:32:37,042 MOSIER: I really don't know how I'm feeling. 602 00:32:37,667 --> 00:32:39,250 It's gonna be tough. 603 00:32:39,375 --> 00:32:42,458 The prosecutor's gonna be most likely hostile towards me. 604 00:32:44,042 --> 00:32:46,458 Fighting for my life put me in this situation. 605 00:32:47,250 --> 00:32:49,375 I survived once and... 606 00:32:49,500 --> 00:32:51,708 You know, I have to fight again now. 607 00:33:32,583 --> 00:33:34,167 MOSIER: It was stressful. 608 00:33:34,250 --> 00:33:35,792 I was nervous and my hands were sweating 609 00:33:35,875 --> 00:33:37,375 just being in the atmosphere. 610 00:33:39,792 --> 00:33:42,083 It was hard seeing the son, um 611 00:33:42,167 --> 00:33:43,958 crying on the stand. 612 00:33:44,042 --> 00:33:45,125 That was probably the roughest part. 613 00:33:50,667 --> 00:33:54,833 The juvenile testified about what he saw, what he heard. 614 00:33:54,917 --> 00:33:56,458 Mr. Marcum died in front of him, 615 00:33:57,042 --> 00:33:59,125 and that is awful, 616 00:33:59,208 --> 00:34:01,417 no matter how you slice it. 617 00:34:01,500 --> 00:34:04,708 So, that testimony can kind of hurt us. 618 00:34:04,792 --> 00:34:08,333 But it was very clear, both on direct and cross, 619 00:34:08,417 --> 00:34:11,083 that the juvenile, at the time, 620 00:34:11,167 --> 00:34:13,000 was screaming at his stepdad, 621 00:34:13,083 --> 00:34:15,167 "No, stop. Don't." 622 00:34:15,208 --> 00:34:18,125 But Mr. Marcum kept going. 623 00:34:18,208 --> 00:34:19,792 It's so powerful for the jury to hear that. 624 00:34:44,083 --> 00:34:45,833 CROCKER: How do you think it went? 625 00:34:45,875 --> 00:34:48,500 Probably the most damaging thing 626 00:34:48,542 --> 00:34:51,500 that the State kept coming back to 627 00:34:51,542 --> 00:34:55,250 was Jim defensively displayed his firearm 628 00:34:55,375 --> 00:34:58,208 before Mr. Marcum pulled out his. 629 00:35:00,125 --> 00:35:02,208 CROCKER: That's going to be difficult. 630 00:35:02,292 --> 00:35:05,167 But at the end of the day, the State rested. 631 00:35:05,208 --> 00:35:07,833 State's done. They've presented their evidence. 632 00:35:07,917 --> 00:35:09,458 So, it's our case tomorrow. 633 00:35:16,667 --> 00:35:18,333 BALDRIDGE: When Jim takes the stand, 634 00:35:18,417 --> 00:35:20,167 he needs to tell the jury 635 00:35:20,250 --> 00:35:21,833 that he was justified in what he did, 636 00:35:21,875 --> 00:35:25,417 and acted reasonably under the circumstances. 637 00:35:27,417 --> 00:35:29,333 CROCKER: What are your thoughts? What are you thinking? 638 00:35:29,375 --> 00:35:30,958 MOSIER: I'm confident. 639 00:35:31,042 --> 00:35:32,958 I think, just based off the course of the last couple days, 640 00:35:33,042 --> 00:35:34,375 I think that... 641 00:35:36,542 --> 00:35:38,208 I'm capable. 642 00:35:38,292 --> 00:35:39,833 CROCKER: I'm just going to kind of bring you back down to the real world. 643 00:35:42,083 --> 00:35:45,208 I'm so, so, so concerned. 644 00:35:45,333 --> 00:35:47,667 You've been through three days of trial 645 00:35:47,792 --> 00:35:50,083 and you think, "I've got this." 646 00:35:50,167 --> 00:35:51,250 You don't got this. 647 00:35:53,042 --> 00:35:54,542 I'm glad that you feel confident. 648 00:35:54,625 --> 00:35:56,875 I don't want you to feel overconfident. 649 00:35:56,958 --> 00:35:58,292 CROCKER: When you're on the stand, 650 00:35:58,375 --> 00:36:00,542 do not get into a fight with the prosecutor. 651 00:36:00,667 --> 00:36:02,667 Do not feel like that is your job. 652 00:36:02,750 --> 00:36:04,333 It's not to convince them, 653 00:36:04,417 --> 00:36:06,708 it's to tell them what happened. 654 00:36:06,833 --> 00:36:08,000 You're courtroom Jim. 655 00:36:08,167 --> 00:36:10,083 You're Jim on trial for murder. 656 00:36:10,167 --> 00:36:11,417 That's what you are. 657 00:36:11,417 --> 00:36:13,167 You defended yourself once, 658 00:36:13,250 --> 00:36:15,208 now you're defending yourself again. 659 00:36:28,583 --> 00:36:30,833 How are you feeling about everything? 660 00:36:30,917 --> 00:36:33,167 Are you feeling confident about testifying? 661 00:36:34,458 --> 00:36:37,292 It's really rare for a defendant to testify. 662 00:36:37,375 --> 00:36:38,375 -Really? -Yeah. 663 00:36:38,458 --> 00:36:39,667 I didn't know that. 664 00:36:39,750 --> 00:36:41,750 You very rarely testify in your own defense. 665 00:36:41,875 --> 00:36:43,250 -Really? -Yeah. 666 00:36:43,375 --> 00:36:44,750 Because the prosecutor can tear you apart. 667 00:36:47,292 --> 00:36:48,667 BRITTANY: I feel like everything's in your favor, 668 00:36:48,750 --> 00:36:52,500 but what happens if they say you're guilty? 669 00:36:54,208 --> 00:36:56,250 I'd be crushed. 670 00:36:56,375 --> 00:36:59,042 I'd be taken into custody immediately. 671 00:36:59,125 --> 00:37:00,458 Immediately? 672 00:37:01,333 --> 00:37:02,958 Like, that's scary for me. 673 00:37:05,083 --> 00:37:06,583 We could be saying goodbye. 674 00:37:20,708 --> 00:37:25,208 Today, the plan is to have me testify first. 675 00:37:25,292 --> 00:37:28,333 I know that I'm the only person that can convict myself right now. 676 00:37:29,208 --> 00:37:30,625 Definitely nervous. 677 00:37:37,833 --> 00:37:41,042 Today's the day we put Jim on the stand. 678 00:37:41,125 --> 00:37:42,542 It's make or break. 679 00:37:42,667 --> 00:37:46,333 He has to come across well or this could wreck the case. 680 00:38:13,875 --> 00:38:16,375 That was was my chance to tell my side of the story 681 00:38:16,500 --> 00:38:17,792 and prove my innocence. 682 00:38:19,375 --> 00:38:20,667 It was certainly nerve-racking 683 00:38:20,750 --> 00:38:23,500 seeing Mr. Marcum's family members there. 684 00:38:23,583 --> 00:38:25,417 I felt bad, you know, I mean, 685 00:38:25,500 --> 00:38:26,833 you guys lost your family member, 686 00:38:26,875 --> 00:38:28,917 regardless of the circumstances, you know. 687 00:38:31,042 --> 00:38:34,625 BALDRIDGE: Putting Jim on the stand was terrifying. 688 00:38:36,292 --> 00:38:38,042 But he did a great job. 689 00:38:39,167 --> 00:38:41,667 The prosecutor asked him 690 00:38:41,708 --> 00:38:45,333 about taking out his firearm as escalation, 691 00:38:45,375 --> 00:38:46,792 and Jim said, 692 00:38:46,792 --> 00:38:49,583 "No, I was trying to de-escalate the situation. 693 00:38:49,708 --> 00:38:50,667 "I was trying to stop it." 694 00:39:02,250 --> 00:39:06,167 The off-duty EMT described Mr. Marcum's aggressiveness, 695 00:39:06,208 --> 00:39:08,125 the anger, the agitation, 696 00:39:08,208 --> 00:39:11,417 the approach, over and over again. 697 00:39:11,542 --> 00:39:13,375 The woman who shot the cell phone video, 698 00:39:13,500 --> 00:39:16,333 she really got across the point that this entire situation 699 00:39:16,417 --> 00:39:18,625 was really scary, 700 00:39:18,708 --> 00:39:21,583 and I think it really made an impact on the jury. 701 00:39:48,542 --> 00:39:50,208 I worry about the lesser included 702 00:39:50,292 --> 00:39:52,750 because the jury may think, "Well, 703 00:39:52,833 --> 00:39:54,708 "we don't think it was second degree murder 704 00:39:54,792 --> 00:39:58,333 "but he should be punished somehow for what he did." 705 00:39:58,375 --> 00:39:59,625 That's the real risk. 706 00:40:11,542 --> 00:40:14,500 I definitely think Jim's scared. 707 00:40:14,542 --> 00:40:15,875 The reality is setting in. 708 00:40:16,000 --> 00:40:18,042 We both don't know if he's gonna be coming back tonight 709 00:40:18,125 --> 00:40:20,375 or if he's gonna be sitting in a jail cell. 710 00:40:46,583 --> 00:40:48,375 MOSIER: It's weighing heavy today. 711 00:40:48,542 --> 00:40:50,500 I think I've been taking it a little bit lightly 712 00:40:50,542 --> 00:40:52,625 over the last few days and everything kinda... 713 00:40:52,708 --> 00:40:54,500 It's coming together today. 714 00:41:00,208 --> 00:41:03,292 BALDRIDGE: I explained to Jim that once the verdict comes in 715 00:41:03,375 --> 00:41:04,792 and we walk into that courtroom, 716 00:41:06,000 --> 00:41:07,083 he may not come out. 717 00:41:08,292 --> 00:41:09,625 He needs to understand 718 00:41:09,708 --> 00:41:12,750 that he should hug his sister and his mom. 719 00:41:12,833 --> 00:41:16,375 And just know that it could be 720 00:41:16,375 --> 00:41:17,833 your last time doing that for a while. 721 00:41:20,292 --> 00:41:22,583 Michael, verdict's in. 722 00:41:28,875 --> 00:41:33,167 I think my biggest worry is any conviction, really. 723 00:41:33,292 --> 00:41:35,458 I think it's all on the table. 724 00:41:35,542 --> 00:41:37,583 I hope it's a "not guilty" across the board, 725 00:41:37,708 --> 00:41:39,458 but you never know. 726 00:42:02,167 --> 00:42:03,833 Not guilty on all counts. 727 00:42:03,917 --> 00:42:05,792 On all counts. 728 00:42:05,875 --> 00:42:07,875 Jim's been acquitted of everything alleged. 729 00:42:09,042 --> 00:42:10,417 And it's a good day. 730 00:42:10,500 --> 00:42:11,833 I'm feeling light. 731 00:42:11,917 --> 00:42:13,042 Uh... 732 00:42:13,208 --> 00:42:15,125 I don't feel like I have weights on my back anymore. 733 00:42:15,208 --> 00:42:16,500 Burden's gone. 734 00:42:17,542 --> 00:42:19,042 I can restart. 735 00:42:22,667 --> 00:42:24,167 BRITTANY: I'm feeling very good, 736 00:42:24,208 --> 00:42:26,042 very relieved, of course. What else can you feel? 737 00:42:27,958 --> 00:42:29,667 BALDRIDGE: I'm so happy for Jim. 738 00:42:29,708 --> 00:42:33,250 But we have to remember that someone died. 739 00:42:33,333 --> 00:42:35,417 Mr. Marcum is no longer here. 740 00:42:35,542 --> 00:42:36,917 It's absolutely tragic. 741 00:42:39,000 --> 00:42:41,000 On the other hand, the jury agreed 742 00:42:41,083 --> 00:42:43,583 that he was justified in what he did. 743 00:42:43,667 --> 00:42:46,917 And I'm happy that the trial ended this way.