1 00:00:06,708 --> 00:00:08,208 (SIREN WAILING) 2 00:00:16,167 --> 00:00:18,708 (DISPATCHER SPEAKING ON RADIO) 3 00:00:21,917 --> 00:00:23,000 They were fighting and then I came out 4 00:00:23,083 --> 00:00:24,375 and they were, like, screaming at each other. 5 00:00:27,083 --> 00:00:29,250 GAS STATION WORKER: She was walking around, swinging the machete. 6 00:00:32,708 --> 00:00:35,000 POLICE OFFICER: Put that down right now. Put it down. Drop it. 7 00:00:37,542 --> 00:00:42,000 This cannot be happening. I literally did not even want to take this man home 8 00:00:42,083 --> 00:00:45,042 'cause I was scared he was going to do something. 9 00:00:45,125 --> 00:00:47,542 I feel like I just went into, like, a survival mode 10 00:00:47,625 --> 00:00:50,917 and I just knew I had to protect myself. 11 00:00:51,000 --> 00:00:53,333 ROBERT J. CAMPOS: Her intent is just to defend herself 12 00:00:53,375 --> 00:00:55,542 from a man who's much bigger than her. 13 00:00:57,792 --> 00:01:00,625 Worst case scenario I go to prison 14 00:01:00,708 --> 00:01:03,417 for God knows how long. 15 00:01:03,542 --> 00:01:05,542 CAMPOS: They've got the wrong person charged with the crime. 16 00:01:33,250 --> 00:01:35,125 My name is Robert J. Campos, 17 00:01:35,208 --> 00:01:37,042 and I'm a criminal defense attorney. 18 00:01:38,375 --> 00:01:41,542 I have been practicing law for 36 years. 19 00:01:43,917 --> 00:01:45,750 I represent Donjane Smith, 20 00:01:45,833 --> 00:01:47,500 and she's currently charged with 21 00:01:47,542 --> 00:01:49,083 two counts of aggravated assault. 22 00:01:51,542 --> 00:01:54,042 The first count is an allegation 23 00:01:54,208 --> 00:01:56,333 that she had a machete 24 00:01:56,417 --> 00:02:00,625 and she caused injury to the alleged victim, James Runnels. 25 00:02:02,208 --> 00:02:03,833 The second count is that 26 00:02:03,958 --> 00:02:05,208 she put the alleged victim, 27 00:02:05,333 --> 00:02:06,542 Mr. James Runnels, 28 00:02:06,667 --> 00:02:08,333 in fear for his life. 29 00:02:17,708 --> 00:02:21,042 Donjane meets up with the alleged victim. 30 00:02:21,042 --> 00:02:23,167 He needs a ride home. 31 00:02:23,208 --> 00:02:26,667 These two individuals have an argument. 32 00:02:26,750 --> 00:02:31,375 From Donjane's perspective, he becomes verbally abusive, 33 00:02:31,458 --> 00:02:33,125 she becomes frightened. 34 00:02:33,208 --> 00:02:35,833 She drives to a convenience store 35 00:02:35,875 --> 00:02:38,125 where there's gas pumps. 36 00:02:38,208 --> 00:02:41,167 She believes that this is gonna be the safest place, 37 00:02:41,250 --> 00:02:43,667 there's going to be witnesses, people, well-lit. 38 00:02:45,042 --> 00:02:47,333 She calls 911. 39 00:02:47,458 --> 00:02:52,292 She's on the phone and asking for immediate help. 40 00:02:52,375 --> 00:02:56,542 She claims that at one point, his threats escalate. 41 00:02:56,625 --> 00:02:59,583 Donjane goes into her car, grabs a machete 42 00:02:59,708 --> 00:03:02,542 and then confronts the alleged victim. 43 00:03:03,708 --> 00:03:05,708 She tells me that, instead of a gun, 44 00:03:05,792 --> 00:03:08,667 she kept a machete in her car for protection 45 00:03:08,750 --> 00:03:10,750 for when she drove home late at night. 46 00:03:17,958 --> 00:03:20,458 Minutes go by as he taunts her 47 00:03:20,542 --> 00:03:22,667 and stalks her, until the police get there. 48 00:03:22,708 --> 00:03:26,167 And because Donjane is holding the blade, she gets arrested. 49 00:03:27,708 --> 00:03:29,792 There's an allegation that my client 50 00:03:29,875 --> 00:03:32,917 brought the machete down a few times on Mr. Runnels 51 00:03:33,000 --> 00:03:36,375 and in one of those scenes nicked Mr. Runnels' finger. 52 00:03:38,792 --> 00:03:41,542 His injury was minor, ridiculous, 53 00:03:41,625 --> 00:03:43,458 he just required a Band-Aid. 54 00:03:45,333 --> 00:03:47,667 The issue for the government is 55 00:03:47,750 --> 00:03:51,667 that they believe that Donjane did not need to get a machete 56 00:03:51,750 --> 00:03:54,208 and that she used excessive force. 57 00:03:55,542 --> 00:03:57,500 Our defense will be self-defense, 58 00:03:57,542 --> 00:03:59,917 that Donjane was protecting herself. 59 00:04:01,708 --> 00:04:05,833 She's devastated to find herself in this situation. 60 00:04:05,875 --> 00:04:07,375 From her perspective, 61 00:04:07,375 --> 00:04:09,333 she's the victim. 62 00:04:09,417 --> 00:04:11,208 OFFICER: All right, go ahead and step on in. 63 00:04:11,292 --> 00:04:12,875 CAMPOS: The charges are serious. 64 00:04:13,000 --> 00:04:16,958 Theoretically, a judge can give Donjane 30 years in prison. 65 00:04:21,042 --> 00:04:24,667 I absolutely believe that Donjane is telling me the truth. 66 00:04:24,708 --> 00:04:29,000 It's preposterous that she's facing the charges. 67 00:04:29,042 --> 00:04:30,792 I don't know what a jury is gonna do. 68 00:04:30,875 --> 00:04:32,583 And that's the scary part. 69 00:04:35,125 --> 00:04:36,750 (PENSIVE MUSIC PLAYING) 70 00:04:56,833 --> 00:05:00,250 DONJANE SMITH: I've been in Arizona for about seven years now, 71 00:05:00,333 --> 00:05:02,667 and I live in uptown Phoenix. 72 00:05:04,792 --> 00:05:08,333 I grew up in Fresno, California, which is a pretty rough city. 73 00:05:10,208 --> 00:05:12,792 My city is very big in, like, gang violence. 74 00:05:15,583 --> 00:05:18,167 I have four older brothers 75 00:05:18,208 --> 00:05:20,000 and I have three younger brothers. 76 00:05:22,208 --> 00:05:24,750 My dad raised me to be pretty tough. 77 00:05:24,833 --> 00:05:29,292 I learned to protect myself really early for many reasons. 78 00:05:29,375 --> 00:05:31,417 Just because I was the only girl, 79 00:05:31,500 --> 00:05:33,667 the type of neighborhood I lived in, 80 00:05:33,708 --> 00:05:36,708 and my brothers didn't cut me any slack. 81 00:05:45,917 --> 00:05:48,500 After losing my mom at a really young age 82 00:05:48,583 --> 00:05:53,250 and just being forced to be independent, so to speak, 83 00:05:53,333 --> 00:05:55,708 it allowed me to not be so emotional 84 00:05:55,792 --> 00:05:57,417 and to understand that it's just, 85 00:05:57,500 --> 00:05:58,875 everything is a part of life, 86 00:05:58,958 --> 00:06:01,417 whether it's death, whether it's struggle, 87 00:06:01,500 --> 00:06:02,875 everything. 88 00:06:04,667 --> 00:06:07,333 So when I do feel like I'm getting sad or anything, 89 00:06:07,417 --> 00:06:10,375 I go outside, I go for walks, I exercise. 90 00:06:12,208 --> 00:06:13,958 I don't think that crying really helps. 91 00:06:18,375 --> 00:06:19,917 Before the incident happened, 92 00:06:20,000 --> 00:06:22,042 I just started working at a gentlemen's club 93 00:06:22,125 --> 00:06:23,792 working as a door girl, 94 00:06:23,875 --> 00:06:25,875 which I still do now from time to time. 95 00:06:28,792 --> 00:06:30,667 Then I moved up from, in the club, 96 00:06:30,792 --> 00:06:33,083 I started managing and bartending. 97 00:06:35,542 --> 00:06:37,708 Working at a gentlemen's club, 98 00:06:37,792 --> 00:06:39,958 you get a lot of biased opinions. 99 00:06:41,208 --> 00:06:42,833 I don't care what people think about me 100 00:06:42,875 --> 00:06:44,875 because I'm very, very content in who I am. 101 00:06:48,042 --> 00:06:51,750 I never expected me to be in the situation I'm in now. 102 00:06:55,042 --> 00:06:58,625 Worst-case scenario is honestly what keeps me up at night sometimes. 103 00:07:01,000 --> 00:07:03,125 But, worst-case scenario, I go to prison 104 00:07:04,042 --> 00:07:05,458 for God knows how long. 105 00:07:10,708 --> 00:07:14,667 And it makes me sad because what if they do take me from my son? 106 00:07:14,750 --> 00:07:16,917 You know, I don't want that to happen, 107 00:07:17,000 --> 00:07:19,125 but it's definitely a possibility. 108 00:07:20,542 --> 00:07:22,542 Yeah, sorry, I don't want to cry. 109 00:07:34,000 --> 00:07:35,417 (INTENSE MUSIC PLAYING) 110 00:07:47,542 --> 00:07:50,500 Hi, Donjane, I wanted to meet with you today, 111 00:07:50,625 --> 00:07:52,833 just go over a little background, 112 00:07:52,917 --> 00:07:55,333 what the allegations are against you, 113 00:07:55,417 --> 00:07:58,875 the charges that you're facing, and just some of the facts 114 00:07:58,875 --> 00:08:02,875 with respect to what happened with you on your case. 115 00:08:02,875 --> 00:08:07,458 So, the government is charging that on that day with a machete, 116 00:08:07,542 --> 00:08:10,125 you placed the victim, James Runnels, 117 00:08:10,208 --> 00:08:12,417 in fear for his life, 118 00:08:12,500 --> 00:08:15,583 and with a machete you intentionally, knowingly 119 00:08:15,667 --> 00:08:18,792 or recklessly caused him some injury. 120 00:08:28,167 --> 00:08:29,708 CAMPOS: It sounded from the police reports 121 00:08:29,792 --> 00:08:32,833 that you had given James a ride home? 122 00:08:32,917 --> 00:08:34,833 Yeah, I picked him up from work 123 00:08:34,875 --> 00:08:36,833 because I believe his car was in the shop. 124 00:08:36,917 --> 00:08:40,583 And one of his previous girlfriends at the time, 125 00:08:40,667 --> 00:08:42,958 she starts calling him, letting him know 126 00:08:43,042 --> 00:08:45,750 that she knew where he was and what he was doing, 127 00:08:45,833 --> 00:08:48,375 and was assuming that he was with me. 128 00:08:48,458 --> 00:08:50,500 So she was like, blowing his phone up 129 00:08:50,583 --> 00:08:53,333 and making him upset. It wasn't really us arguing. 130 00:08:53,417 --> 00:08:55,625 She upset him from calling him so much, 131 00:08:55,625 --> 00:08:57,667 and then he kind of took it out on me. 132 00:08:57,750 --> 00:09:01,667 Like, yelling, cussing and start hitting the inside of my car. 133 00:09:01,750 --> 00:09:04,500 Did you start to become afraid for your safety? 134 00:09:04,542 --> 00:09:07,250 Yeah, I've never seen that side of him. 135 00:09:07,333 --> 00:09:10,833 I figured if I go somewhere public, maybe he'll calm down. 136 00:09:10,958 --> 00:09:13,875 So, the first place I saw before the freeway 137 00:09:13,958 --> 00:09:16,542 was that gas station that I stopped at. 138 00:09:16,625 --> 00:09:19,167 Okay. So what happened? How did this thing escalate? 139 00:09:19,250 --> 00:09:23,083 He just starts, like, pretty much cussing me out and going crazy. 140 00:09:23,167 --> 00:09:26,125 I just was using the car to keep distance between us. 141 00:09:26,208 --> 00:09:27,833 After he got close by me, 142 00:09:27,958 --> 00:09:30,042 like, there was nothing in between us, 143 00:09:30,167 --> 00:09:33,792 he starts threatening to pretty much break my jaw like he did somebody else. 144 00:09:37,208 --> 00:09:41,375 And, once I start walking away, he starts coming after me again. 145 00:09:41,458 --> 00:09:44,833 Okay. Why did you grab a machete? 146 00:09:44,917 --> 00:09:47,375 I honestly felt like I was out of options, 147 00:09:47,500 --> 00:09:49,042 and I was trying to figure out 148 00:09:49,125 --> 00:09:52,625 how else I can defend myself before it got worse, 149 00:09:52,750 --> 00:09:54,500 because he did start threatening me. 150 00:09:54,625 --> 00:09:57,958 Did you have any real intent to hurt James? 151 00:09:58,042 --> 00:10:00,792 I just was trying to create another barrier between us 152 00:10:00,875 --> 00:10:03,083 that he would take a little more serious, so to speak. 153 00:10:06,375 --> 00:10:08,750 And the sentence for each charge 154 00:10:08,833 --> 00:10:13,792 is anywhere from five to 15 years in prison. 155 00:10:13,875 --> 00:10:17,542 So, worst-case scenario, if you go to trial and you lose, 156 00:10:17,625 --> 00:10:19,000 a judge can sentence you 157 00:10:19,083 --> 00:10:20,708 all the way up to 30 years in prison. 158 00:10:22,750 --> 00:10:25,167 Unfortunately, under Arizona law, 159 00:10:25,208 --> 00:10:27,583 the judge does not have the discretion 160 00:10:27,667 --> 00:10:30,250 to give you probation or no jail. 161 00:10:30,250 --> 00:10:32,458 So, if a jury came back and said you were guilty, 162 00:10:32,542 --> 00:10:34,250 it's mandatory prison. 163 00:10:36,792 --> 00:10:38,167 Do you understand that? 164 00:10:38,250 --> 00:10:39,250 Mmm-hmm. 165 00:10:41,417 --> 00:10:43,083 So that's why it's so important that 166 00:10:43,208 --> 00:10:46,167 when we go to trial, that we win, 167 00:10:46,208 --> 00:10:50,750 otherwise the judge does not have discretion to be lenient. 168 00:10:58,708 --> 00:11:01,333 This case never should have gone this far. 169 00:11:01,417 --> 00:11:07,000 You have a woman whose intent was not to commit a crime, 170 00:11:07,083 --> 00:11:09,708 not to injure somebody, but to defend herself. 171 00:11:12,208 --> 00:11:15,625 In the worst-case scenario, I have to go away from my son. 172 00:11:15,708 --> 00:11:18,000 That's something that I can't even imagine. 173 00:11:20,500 --> 00:11:23,292 It is stressful and overwhelming. 174 00:11:23,375 --> 00:11:25,667 CAMPOS: Unfortunately, it's a very serious case. 175 00:11:25,708 --> 00:11:28,375 The charges are very severe. 176 00:11:28,458 --> 00:11:32,333 If we lose this case, my client's going to prison. 177 00:11:48,000 --> 00:11:50,375 Sarah, I'm now going to show you 178 00:11:50,458 --> 00:11:52,333 the surveillance camera video. 179 00:11:53,333 --> 00:11:54,917 We only have one angle, 180 00:11:55,000 --> 00:11:58,375 -but it captures most of the incident. -Okay. 181 00:11:58,458 --> 00:12:01,333 CAMPOS: She just pulls in. She gets out of the car. 182 00:12:05,958 --> 00:12:07,583 So now she's on the phone with 911? 183 00:12:07,667 --> 00:12:10,667 Yeah. Unfortunately, we don't have the 911 phone calls, 184 00:12:10,750 --> 00:12:11,958 they didn't preserve them. 185 00:12:16,375 --> 00:12:18,208 The audio is really poor. 186 00:12:18,292 --> 00:12:20,125 -We can't hear what he's saying. -No. 187 00:12:20,208 --> 00:12:21,958 Because, I'd like to know what he... 188 00:12:22,042 --> 00:12:23,958 -The tone. -Yeah, exactly, the tone and what he's saying to her. 189 00:12:28,417 --> 00:12:30,375 CAMPOS: Here he comes around the car now 190 00:12:31,333 --> 00:12:32,708 and spits on her. 191 00:12:33,750 --> 00:12:34,750 She's done nothing to him. 192 00:12:34,875 --> 00:12:35,833 Comes around 193 00:12:35,958 --> 00:12:37,875 just to spit in her face. 194 00:12:37,958 --> 00:12:39,208 HERNANDEZ: She wasn't even speaking to him. 195 00:12:39,292 --> 00:12:40,667 -CAMPOS: Oh, second spit. -Yeah. Yeah. 196 00:12:40,792 --> 00:12:42,000 -CAMPOS: You see there? -Right in the face. 197 00:12:42,083 --> 00:12:43,125 CAMPOS: That's the second spit. 198 00:12:57,042 --> 00:12:58,708 CAMPOS: So now she goes for the machete. 199 00:12:58,833 --> 00:13:00,292 (SHOUTING INDISTINCTLY) 200 00:13:08,875 --> 00:13:10,542 CAMPOS: Apparently, he tells the police 201 00:13:10,667 --> 00:13:13,542 that she actually swung it three times 202 00:13:13,625 --> 00:13:15,000 and in doing so, cut him. 203 00:13:17,208 --> 00:13:19,625 The fact that some of these critical moments happened 204 00:13:19,708 --> 00:13:24,042 just outside of the angle of this camera is hurtful, too. 205 00:13:26,083 --> 00:13:30,667 (SHOUTING INDISTINCTLY) 206 00:13:30,708 --> 00:13:34,042 And she's trying to get a good distance away from him. 207 00:13:34,125 --> 00:13:36,625 Get away from me! Get away from me! 208 00:13:36,708 --> 00:13:38,458 While screaming "Get away from me." 209 00:13:40,458 --> 00:13:42,042 -CAMPOS: Spits on her a third time. -Mmm. 210 00:13:43,875 --> 00:13:46,875 If he's in fear and she is menacing him 211 00:13:47,000 --> 00:13:49,000 with a machete, why doesn't he leave? 212 00:13:50,750 --> 00:13:54,167 That's where the state has a major flaw in their case, 213 00:13:54,250 --> 00:13:56,875 because they have to prove to a jury beyond a reasonable doubt 214 00:13:57,042 --> 00:13:59,625 she put him in fear of imminent harm. 215 00:13:59,708 --> 00:14:02,667 -He's never afraid of her. -He's antagonizing her. 216 00:14:02,750 --> 00:14:05,375 (SMITH SPEAKING INDISTINCTLY) 217 00:14:05,458 --> 00:14:09,208 All right. Sarah, I think on our list of things to do, 218 00:14:09,292 --> 00:14:12,083 I'm gonna want Bryan Neumeister, our expert, 219 00:14:12,167 --> 00:14:14,000 to see if he can enhance the audio 220 00:14:14,083 --> 00:14:16,958 so that we can actually hear the tone and the threats 221 00:14:16,958 --> 00:14:19,167 that James Runnels makes to Donjane. 222 00:14:19,250 --> 00:14:20,500 Okay. Perfect. 223 00:14:35,667 --> 00:14:41,125 I met James just about a year after I moved here to Phoenix. 224 00:14:41,208 --> 00:14:45,833 James as a person, he was very sweet, really nice. 225 00:14:47,917 --> 00:14:50,250 Some stuff would come up that I feel like 226 00:14:50,333 --> 00:14:53,167 he would be a bit insecure about. 227 00:14:53,208 --> 00:14:55,917 It was always I'm doing something 228 00:14:56,042 --> 00:14:57,583 or I'm somewhere I shouldn't be. 229 00:14:57,667 --> 00:14:59,875 And I'm not really used to that kind of control. 230 00:15:01,542 --> 00:15:03,542 He does try and intimidate me. 231 00:15:05,792 --> 00:15:07,333 But for the most part, 232 00:15:07,375 --> 00:15:10,292 it was just more like verbal disagreements. 233 00:15:10,375 --> 00:15:13,000 Not really anything too confrontational. 234 00:15:15,250 --> 00:15:18,000 A situation like this, I honestly never see 235 00:15:18,083 --> 00:15:20,417 myself going through with anybody. 236 00:15:24,083 --> 00:15:25,292 (TENSE MUSIC PLAYING) 237 00:15:40,458 --> 00:15:42,750 CAMPOS: I'm starting to take a look at these body cameras 238 00:15:42,833 --> 00:15:47,583 to try to see what portions will be useful at trial. 239 00:15:47,708 --> 00:15:50,833 I need to know for sure exactly what my client said. 240 00:15:50,917 --> 00:15:53,542 No mistaking her statements. 241 00:15:53,667 --> 00:15:56,917 Did she say something that is going to hurt us? 242 00:16:04,000 --> 00:16:05,292 (SMITH SPEAKING) 243 00:16:07,042 --> 00:16:08,333 (OFFICER SPEAKING) 244 00:17:00,833 --> 00:17:02,083 CAMPOS: There's nothing there 245 00:17:02,208 --> 00:17:04,667 that Donjane said that hurts our case. 246 00:17:04,750 --> 00:17:07,625 And she's not reacting like a guilty person. 247 00:17:07,708 --> 00:17:12,042 She's reacting as a typical innocent civilian 248 00:17:12,125 --> 00:17:14,708 who believes they did not commit a crime. 249 00:17:14,792 --> 00:17:16,125 -OFFICER: Watch your foot. -God! 250 00:17:23,708 --> 00:17:25,125 (OFFICER SPEAKING) 251 00:17:39,042 --> 00:17:41,000 But when you look at the total video, 252 00:17:41,708 --> 00:17:42,667 that's hogwash. 253 00:17:43,500 --> 00:17:45,458 He approaches her, 254 00:17:45,542 --> 00:17:47,833 she's holding the machete close to her. 255 00:17:47,875 --> 00:17:50,583 He swipes at it. He nicks his finger. 256 00:17:50,667 --> 00:17:51,708 (OFFICER SPEAKING) 257 00:17:58,375 --> 00:18:00,792 CAMPOS: The body cameras are consistent 258 00:18:00,875 --> 00:18:03,917 that Mr. Runnels was never in fear, 259 00:18:04,000 --> 00:18:06,583 didn't sustain a serious injury, 260 00:18:06,667 --> 00:18:09,500 and he's very nonchalant about the whole thing. 261 00:18:09,583 --> 00:18:15,167 I mean, none of that really convicts my client. 262 00:18:15,292 --> 00:18:17,208 (OFFICER SPEAKING) 263 00:18:26,708 --> 00:18:29,458 The case comes down to my client's testimony 264 00:18:29,542 --> 00:18:31,833 versus what Mr. Runnels is gonna say. 265 00:18:31,875 --> 00:18:36,667 Her story has been consistent throughout the entire time. 266 00:18:36,708 --> 00:18:37,833 He's just not believable. 267 00:18:41,875 --> 00:18:42,708 (TENSE MUSIC PLAYING) 268 00:18:56,875 --> 00:19:00,083 (RUNNELS SPEAKING) 269 00:19:05,250 --> 00:19:07,250 Original surveillance film, 270 00:19:07,333 --> 00:19:09,833 all you could hear were the revving of the car, 271 00:19:09,958 --> 00:19:11,500 all this traffic noise. 272 00:19:11,583 --> 00:19:13,708 He's cut all of that background noise out, 273 00:19:13,833 --> 00:19:15,792 and now you can hear what they're saying a lot clearer. 274 00:19:21,875 --> 00:19:23,958 He spits on her again. 275 00:19:24,042 --> 00:19:25,542 (SMITH SPEAKING) 276 00:19:55,333 --> 00:19:58,292 There's one spot there where she says, "I'll cut you." 277 00:20:00,083 --> 00:20:02,292 But in context, that doesn't hurt her. 278 00:20:02,375 --> 00:20:04,333 It's not a threat to harm. 279 00:20:04,458 --> 00:20:06,792 It's a warning "I'll defend myself." 280 00:20:11,792 --> 00:20:15,792 James, you hit the knife, right at 3:47. 281 00:20:17,792 --> 00:20:19,333 Makes it very clear 282 00:20:19,458 --> 00:20:22,333 she didn't cut him, he cut himself. 283 00:20:22,375 --> 00:20:23,583 Could not hear that on the original. 284 00:20:29,375 --> 00:20:31,333 "You're going to jail you dumb hoe." 285 00:20:31,417 --> 00:20:33,583 You can also hear her calling the police, 286 00:20:33,708 --> 00:20:35,458 asking when they're going to show up. 287 00:20:47,125 --> 00:20:49,958 Overall, I think the audio helps us. 288 00:20:50,042 --> 00:20:54,000 We got some more audio with James making some threats 289 00:20:54,042 --> 00:20:57,208 and using some, you know, some very vulgar language. 290 00:20:57,333 --> 00:21:00,167 So, it helps show his anger, 291 00:21:00,208 --> 00:21:02,125 and that's something that we did not get 292 00:21:02,208 --> 00:21:04,083 from the original video. 293 00:21:04,167 --> 00:21:06,458 Trying to show or let the jury 294 00:21:06,542 --> 00:21:10,167 hear James's actual words, his threat, the tone, 295 00:21:10,250 --> 00:21:11,917 I think goes a long way 296 00:21:12,000 --> 00:21:15,500 to helping the jury understand why Donjane felt threatened. 297 00:21:25,500 --> 00:21:26,625 (INTENSE MUSIC PLAYING) 298 00:21:29,000 --> 00:21:30,417 ASHLEY AARON: Hey. CAMPOS: Hey. 299 00:21:30,500 --> 00:21:33,250 I've received some phone calls from James Runnels. 300 00:21:33,333 --> 00:21:35,333 He has some pretty shocking information. 301 00:21:35,417 --> 00:21:37,292 We've got them saved in the file. 302 00:21:37,375 --> 00:21:39,333 Can you... Can you pull it up? 303 00:21:39,417 --> 00:21:42,875 Several issues I'm gonna want you to help me research. 304 00:21:44,750 --> 00:21:46,417 (ON RECORDING) Hello, Robert Campos speaking. 305 00:21:49,167 --> 00:21:53,917 CAMPOS: And James, you're saying you know something about Donjane's case? 306 00:21:54,750 --> 00:21:56,292 (RUNNELS SPEAKING) 307 00:22:07,417 --> 00:22:11,458 CAMPOS: You would agree that she just felt that she needed to defend herself? 308 00:22:11,542 --> 00:22:12,875 (RUNNELS SPEAKING) 309 00:22:13,042 --> 00:22:16,292 CAMPOS: Donjane said that she didn't try to hurt you. 310 00:22:16,375 --> 00:22:17,708 (RUNNELS SPEAKING) 311 00:22:24,125 --> 00:22:27,250 He's adamant that he was the one who injured himself. 312 00:22:27,333 --> 00:22:32,083 He states that Donjane did not cause his injury. 313 00:22:32,083 --> 00:22:36,833 I've been doing this 35 years, and it's absolutely rare, 314 00:22:36,917 --> 00:22:38,708 virtually unheard of 315 00:22:38,792 --> 00:22:41,833 to have a victim contact the defense attorney 316 00:22:41,833 --> 00:22:45,417 and admit that he committed the crime 317 00:22:45,500 --> 00:22:48,417 and that our client is innocent. 318 00:22:48,542 --> 00:22:51,542 This is great information for us. 319 00:22:52,792 --> 00:22:54,458 (RUNNELS SPEAKING) 320 00:23:06,125 --> 00:23:09,167 CAMPOS: The prosecutor told you not to talke to me? 321 00:23:09,292 --> 00:23:10,875 (RUNNELS SPEAKING) 322 00:23:16,750 --> 00:23:18,917 Under Arizona law, she absolutely 323 00:23:19,000 --> 00:23:21,625 cannot tell a witness, 324 00:23:21,708 --> 00:23:24,500 even a victim, not to contact the other side. 325 00:23:24,542 --> 00:23:26,292 AARON: Yeah. Big ethical violations. 326 00:23:26,375 --> 00:23:31,458 Yes. So, what's shocking here is that he directly communicated 327 00:23:31,542 --> 00:23:34,625 with the prosecutor that he was the aggressor, 328 00:23:34,708 --> 00:23:38,333 he's at fault, and that Donjane is innocent, 329 00:23:38,458 --> 00:23:42,333 and that the prosecutor has not disclosed this. 330 00:23:42,417 --> 00:23:44,667 That is shocking. 331 00:23:44,750 --> 00:23:47,333 I want you to take a close look at the police reports, 332 00:23:47,333 --> 00:23:50,167 check the law, and I'll follow up with James 333 00:23:50,167 --> 00:23:53,458 to see if we can flesh this issue out a little bit more. 334 00:23:53,542 --> 00:23:55,917 I think we're gonna need to file a motion, 335 00:23:56,000 --> 00:23:58,917 to dismiss for prosecutorial misconduct. 336 00:24:09,583 --> 00:24:11,583 I'm on my way to court this morning. 337 00:24:11,667 --> 00:24:14,333 There's a hearing today. 338 00:24:14,375 --> 00:24:19,625 I filed my motion to dismiss for prosecutorial misconduct. 339 00:24:19,708 --> 00:24:22,667 I think the assigned prosecutor has crossed the line. 340 00:24:22,750 --> 00:24:25,083 We'll see what the judge does today. 341 00:24:48,583 --> 00:24:49,708 COURT CLERK: All rise. 342 00:24:52,375 --> 00:24:53,833 Thank you. Please be seated. 343 00:25:01,625 --> 00:25:03,708 Mr. Runnels, why don't you come forward. 344 00:25:08,292 --> 00:25:10,042 I'm Ms. DeRango's supervisor, just so you know who I am. 345 00:25:10,125 --> 00:25:11,833 RUNNELS: That's her name, DeRango? LOUDENSLAGEL: Yes. 346 00:25:11,958 --> 00:25:13,667 -RUNNELS: I never knew. -That's the prosecutor who you spoke with. 347 00:25:13,708 --> 00:25:16,750 I just want to be clear, she never told you, 348 00:25:16,875 --> 00:25:20,625 you are not allowed to contact Mr. Campos, correct? 349 00:25:22,875 --> 00:25:27,000 (SPUTTERS) Uh, I don't... My opinion... I don't know. 350 00:25:27,042 --> 00:25:28,833 I don't want to say yeah. I don't want to say no. 351 00:25:28,917 --> 00:25:30,208 All I say is that, she said that some... 352 00:25:30,333 --> 00:25:32,667 She said sometimes in this case 353 00:25:32,750 --> 00:25:35,208 that it could backfire on you. 354 00:25:35,333 --> 00:25:37,375 But she didn't actually instruct you 355 00:25:37,458 --> 00:25:38,917 -saying... -RUNNELS: It was very short. 356 00:25:39,042 --> 00:25:40,708 -...you're not allowed to contact... -It was kind of short... 357 00:25:40,833 --> 00:25:42,750 It was kind of short about the opinion. 358 00:25:42,875 --> 00:25:44,292 Like I said, if I reach out, 359 00:25:44,375 --> 00:25:45,750 she was saying "In my advice, I wouldn't reach out." 360 00:25:45,833 --> 00:25:46,917 Thank you, Mr. Runnels. 361 00:25:47,000 --> 00:25:49,375 I don't think we need anything further. 362 00:25:49,500 --> 00:25:51,167 RUNNELS: Okay. JUDGE: Thank you, Sir. 363 00:25:51,250 --> 00:25:52,333 RUNNELS: Yes, sir. 364 00:25:52,375 --> 00:25:53,625 Mr. Campos, your motion. 365 00:25:56,792 --> 00:25:59,000 I think there's no question that a victim coming 366 00:25:59,042 --> 00:26:02,292 to the prosecutor and saying, "I was the aggressor, 367 00:26:02,375 --> 00:26:04,042 "I don't wanna prosecute, 368 00:26:04,125 --> 00:26:06,125 "the victim was defending herself, 369 00:26:06,208 --> 00:26:07,958 "she committed no crime," 370 00:26:07,958 --> 00:26:10,667 I don't see how that is not Brady material, Judge. 371 00:26:16,208 --> 00:26:19,375 I think it's clear from the victim's statements today 372 00:26:19,458 --> 00:26:21,833 that he cannot say that Ms. DeRango 373 00:26:21,875 --> 00:26:23,625 or the victim advocate in this case 374 00:26:23,708 --> 00:26:27,542 ever told him not to speak to Mr. Campos 375 00:26:27,625 --> 00:26:30,625 versus advising him of his rights. 376 00:26:30,708 --> 00:26:32,500 And I wanna make it clear to the court 377 00:26:32,542 --> 00:26:34,500 that the victim's position on this case 378 00:26:34,542 --> 00:26:36,833 was contained in the original police report. 379 00:26:36,875 --> 00:26:38,458 There is no Brady violation. 380 00:26:38,542 --> 00:26:40,000 There's no disclosure violations. 381 00:26:40,083 --> 00:26:42,708 The court should allow the state to go forward. 382 00:26:42,792 --> 00:26:44,292 All right. I'm going to rule. 383 00:26:44,375 --> 00:26:46,083 I don't think miscommunications, 384 00:26:46,167 --> 00:26:48,958 whatever there were or misunderstandings 385 00:26:49,042 --> 00:26:51,750 between the prosecutor and the victim are sufficient 386 00:26:51,833 --> 00:26:55,875 to show prosecutorial misconduct or vindictiveness. 387 00:26:56,000 --> 00:26:57,958 Mr. Runnels has been very consistent 388 00:26:58,042 --> 00:27:00,333 from what I've seen in this record. 389 00:27:00,375 --> 00:27:02,708 So I do not find a Brady violation. 390 00:27:02,708 --> 00:27:06,000 So, I am denying the defendant's motions to dismiss. 391 00:27:08,917 --> 00:27:10,000 Okay. 392 00:27:12,667 --> 00:27:15,333 Once James had told the courts, you know, the truth 393 00:27:15,417 --> 00:27:18,667 and that he's the aggressor, really, and I'm the victim, 394 00:27:18,750 --> 00:27:21,000 I honestly thought my case would be dismissed. 395 00:27:23,542 --> 00:27:25,708 Why is this still being prolonged? 396 00:27:25,792 --> 00:27:28,125 You know, it should have been dismissed a long time ago. 397 00:27:29,167 --> 00:27:30,292 But it's not. 398 00:27:44,875 --> 00:27:47,167 I'm having a lot of, like, restless nights, 399 00:27:47,250 --> 00:27:48,250 I can't sleep. 400 00:27:51,042 --> 00:27:52,667 It's super important to me 401 00:27:52,708 --> 00:27:54,708 to have people within the community, 402 00:27:54,875 --> 00:27:56,875 family and friends to support 403 00:27:57,000 --> 00:28:00,292 because it's just validation that, for one, I'm not alone. 404 00:28:10,792 --> 00:28:12,833 Another thing that makes me really stressed 405 00:28:12,875 --> 00:28:16,000 and really nervous about trial, too, 406 00:28:16,083 --> 00:28:19,792 it's not only Dior, but I'm expecting my second child now. 407 00:28:21,792 --> 00:28:24,167 It makes me feel more defensive 408 00:28:24,208 --> 00:28:26,208 because now I'm not just defending myself, 409 00:28:26,292 --> 00:28:30,208 I'm defending my tribe, my family. You know, we're one. 410 00:28:30,292 --> 00:28:32,792 So if they take me, they break us all apart. 411 00:28:35,833 --> 00:28:38,333 If I was to go to prison while I'm pregnant, 412 00:28:38,417 --> 00:28:39,625 I would hate to say it, 413 00:28:39,708 --> 00:28:41,292 but I might literally lose my mind. 414 00:28:44,000 --> 00:28:45,833 Like, me and Dior are really close, 415 00:28:45,875 --> 00:28:47,250 he means everything to me. 416 00:28:47,375 --> 00:28:49,833 So to have him or another baby 417 00:28:49,958 --> 00:28:52,333 and I'm bonding with this baby, 418 00:28:52,458 --> 00:28:54,833 and when I have my baby, they just take it away 419 00:28:54,958 --> 00:28:57,167 and I can't have any say so. 420 00:28:57,292 --> 00:29:01,667 No, that's a complete violation of my life, of me. 421 00:29:01,750 --> 00:29:03,708 I just... I just wanna be free. 422 00:29:17,583 --> 00:29:18,708 (INTENSE MUSIC PLAYING) 423 00:29:23,042 --> 00:29:24,333 CAMPOS: We've looked at this case 424 00:29:24,458 --> 00:29:26,167 from every possible angle. 425 00:29:26,208 --> 00:29:28,250 You know, now we're ready to present this to the jury. 426 00:29:34,292 --> 00:29:36,083 COURT CLERK: All rise for the jury. 427 00:29:39,708 --> 00:29:40,875 JUDGE: Thank you, please be seated. 428 00:29:43,083 --> 00:29:45,250 Ms. DeRango, your opening statement. 429 00:29:45,333 --> 00:29:46,417 JENNA DERANGO: Thank you, your Honor. 430 00:29:48,542 --> 00:29:52,792 The defendant and her then boyfriend, James Runnels, 431 00:29:52,875 --> 00:29:54,375 they got into a verbal argument. 432 00:29:56,167 --> 00:29:59,042 He walked over to the defendant and spat on her. 433 00:30:00,375 --> 00:30:02,208 She became livid. 434 00:30:03,542 --> 00:30:07,000 And at that time, she grabbed this from her vehicle. 435 00:30:11,875 --> 00:30:15,292 She takes deadly aim right at James and swings at him. 436 00:30:17,000 --> 00:30:20,375 He swipes it in an effort to protect himself. 437 00:30:20,458 --> 00:30:22,792 We'll ask that you hold the defendant responsible 438 00:30:22,875 --> 00:30:26,333 for unlawfully using deadly force 439 00:30:26,375 --> 00:30:27,708 because she was angry, 440 00:30:27,708 --> 00:30:29,042 wanted payback, 441 00:30:29,667 --> 00:30:31,208 wanted retaliation. 442 00:30:31,667 --> 00:30:32,875 Thank you. 443 00:30:32,958 --> 00:30:34,750 JUDGE: Mr. Campos. 444 00:30:34,833 --> 00:30:36,042 Yes, thank you, Your Honor. 445 00:30:39,417 --> 00:30:43,333 Donjane is charged with causing injury to James Runnels. 446 00:30:44,167 --> 00:30:45,667 There will be no evidence 447 00:30:45,750 --> 00:30:47,792 that Donjane actually caused 448 00:30:47,875 --> 00:30:50,417 injury to Mr. Runnels. 449 00:30:50,500 --> 00:30:55,500 Donjane is charged with putting James Runnels in fear. 450 00:30:55,583 --> 00:30:57,833 Donjane felt threatened, felt fear, 451 00:30:57,917 --> 00:30:59,958 and she used reasonable means 452 00:31:00,042 --> 00:31:01,667 at that moment to defend herself. 453 00:31:01,792 --> 00:31:03,083 The evidence will show 454 00:31:03,167 --> 00:31:05,500 that the wrong person is on trial here today. 455 00:31:06,500 --> 00:31:08,042 Thank you. 456 00:31:08,208 --> 00:31:10,917 JUDGE: Thank you, Mr. Campos. 457 00:31:11,000 --> 00:31:15,708 CAMPOS: Putting an innocent citizen through this, it's grueling. 458 00:31:15,792 --> 00:31:18,167 This is really a travesty of justice 459 00:31:18,208 --> 00:31:20,167 that the government is going to this length 460 00:31:20,250 --> 00:31:22,375 to try to convict Donjane Smith. 461 00:31:31,917 --> 00:31:33,875 Ms. DeRango, your first witness. 462 00:31:33,958 --> 00:31:35,083 DERANGO: Thank you, Your Honor. 463 00:31:53,958 --> 00:31:56,583 DERANGO: Ultimately, her story to you was that 464 00:31:56,708 --> 00:31:57,958 she grabbed the machete 465 00:31:58,042 --> 00:32:00,083 and then Runnels chased after her? 466 00:32:00,167 --> 00:32:01,333 MICHAEL WARREN: That's correct. 467 00:32:01,500 --> 00:32:02,875 DERANGO: At any point during the investigation, 468 00:32:02,958 --> 00:32:04,833 were you made aware of any evidence 469 00:32:04,917 --> 00:32:06,500 to the contrary of that statement? 470 00:32:06,542 --> 00:32:08,333 I mean, I was told there was 471 00:32:08,375 --> 00:32:10,250 video surveillance from the store. 472 00:32:10,333 --> 00:32:12,125 DERANGO: And who told you that? 473 00:32:12,208 --> 00:32:13,833 My partner, Officer Brnak. 474 00:32:13,917 --> 00:32:16,208 He just told me that it showed the defendant 475 00:32:16,292 --> 00:32:20,042 kind of running after Mr. Runnels with a machete. 476 00:32:22,333 --> 00:32:23,417 DERANGO: No further questions. 477 00:32:24,125 --> 00:32:25,292 JUDGE: Mr. Campos. 478 00:32:31,083 --> 00:32:32,583 CAMPOS: When you got on the scene, 479 00:32:32,667 --> 00:32:34,042 did you see her out of control? 480 00:32:34,750 --> 00:32:35,792 WARREN: No. 481 00:32:35,875 --> 00:32:37,167 Did you see her livid? 482 00:32:37,250 --> 00:32:38,208 No. 483 00:32:38,292 --> 00:32:40,250 Did she act with you that she wanted 484 00:32:40,333 --> 00:32:42,917 to get retribution against Mr. James Runnels? 485 00:32:44,625 --> 00:32:46,250 Not that I saw, no. 486 00:32:46,333 --> 00:32:48,042 Thank you, I don't have anything further. 487 00:32:50,500 --> 00:32:53,042 JUDGE: All right, that's it for today. Thank you. 488 00:32:56,333 --> 00:32:58,375 CAMPOS: Their case doesn't really impress. 489 00:32:58,458 --> 00:33:02,583 I think the jurors are looking at this and saying "Is this it?" 490 00:33:04,583 --> 00:33:06,125 What's very concerning is 491 00:33:06,208 --> 00:33:07,917 they don't know that she's facing 492 00:33:08,042 --> 00:33:10,208 mandatory prison of five to 30 years. 493 00:33:10,292 --> 00:33:14,167 They have no idea how serious this case is, 494 00:33:14,250 --> 00:33:16,875 and that Donjane has everything to lose 495 00:33:17,000 --> 00:33:18,958 if a jury comes back with a guilty verdict. 496 00:33:25,583 --> 00:33:26,625 (INTENSE MUSIC PLAYING) 497 00:33:41,208 --> 00:33:43,833 SMITH: I don't really know what he's gonna do or say. 498 00:33:43,875 --> 00:33:45,833 So, it causes stress to me 499 00:33:45,917 --> 00:33:47,375 and then I don't deal with stress well, 500 00:33:47,458 --> 00:33:50,000 I just get really sick. My body shuts down. 501 00:33:52,417 --> 00:33:54,083 CAMPOS: It's critical that today 502 00:33:54,208 --> 00:33:57,458 I'm able to score some big points with James 503 00:33:57,542 --> 00:34:00,000 and establish that he was never afraid 504 00:34:00,083 --> 00:34:03,583 and that Donjane did not cause his injuries. 505 00:34:03,667 --> 00:34:08,125 And if I can't really score huge on those two points, 506 00:34:08,208 --> 00:34:09,833 we've got a real problem. 507 00:34:09,917 --> 00:34:11,667 He makes or breaks this case. 508 00:34:15,167 --> 00:34:16,417 COURT CLERK: All rise. 509 00:34:19,250 --> 00:34:20,667 Thank you. Please be seated. 510 00:34:24,167 --> 00:34:25,375 LOUDENSLAGEL: Your Honor, at this time 511 00:34:25,500 --> 00:34:27,250 the state would call it's next witness... 512 00:34:27,333 --> 00:34:28,625 JUDGE: All right. LOUDENSLAGEL: ...James Runnels. 513 00:34:28,708 --> 00:34:30,250 JUDGE: Mr. Runnels, come forward, please. 514 00:34:45,792 --> 00:34:47,667 JUDGE: Mr. Runnels, I need you to speak nice and loud 515 00:34:47,750 --> 00:34:49,458 -into that microphone. -Yes, sir, yes, sir. 516 00:34:49,542 --> 00:34:52,500 LOUDENSLAGEL: When did you first meet Ms. Smith? 517 00:34:52,583 --> 00:34:55,792 RUNNELS: Hmm, roughly five years ago. 518 00:34:55,875 --> 00:35:00,167 LOUDENSLAGEL: And would you consider your relationship romantic? 519 00:35:00,292 --> 00:35:01,542 Boyfriend, girlfriend? 520 00:35:03,167 --> 00:35:05,208 I mean, it's like homie, lover, friends. 521 00:35:05,292 --> 00:35:07,042 Sometimes we homie. Sometimes we friends. 522 00:35:07,125 --> 00:35:08,375 Sometimes we lovers. 523 00:35:08,542 --> 00:35:10,750 I mean, I have... I have a couple of those, so. 524 00:35:14,125 --> 00:35:18,583 Now, on the drive, how was Ms. Smith acting? 525 00:35:18,708 --> 00:35:21,083 I mean, she was normal. She was just normal. 526 00:35:21,167 --> 00:35:23,708 Do you remember telling Officer Daley 527 00:35:23,792 --> 00:35:25,542 that Ms. Smith got upset 528 00:35:25,542 --> 00:35:27,333 that you were talking to other women? 529 00:35:28,125 --> 00:35:30,333 Yeah, I probably said that. 530 00:35:30,417 --> 00:35:32,000 Did you think that Ms. Smith 531 00:35:32,083 --> 00:35:36,667 was overreacting to you talking to other girls? 532 00:35:36,750 --> 00:35:39,625 Uh, no. She's... No. 533 00:35:39,708 --> 00:35:44,667 After Ms. Smith got spit on twice by you, 534 00:35:44,750 --> 00:35:48,667 would you still testify that she was calm at that point? 535 00:35:48,708 --> 00:35:52,750 No. She got a little aroused at that time. 536 00:35:52,833 --> 00:35:57,458 And what did you do in response to her coming around the car 537 00:35:57,542 --> 00:35:59,500 and swinging the machete at you? 538 00:35:59,583 --> 00:36:01,417 I tried to hit it with the bag. I tried to be funny, like, 539 00:36:01,500 --> 00:36:02,875 yeah, try to hit it with the bag. 540 00:36:02,958 --> 00:36:04,042 She wasn't going to hit nothing. 541 00:36:04,125 --> 00:36:05,042 She didn't like... When she waved it, 542 00:36:05,125 --> 00:36:06,167 it was like you could see. 543 00:36:06,250 --> 00:36:07,542 It's like, I mean, 544 00:36:07,542 --> 00:36:08,667 if she was really trying to get me, 545 00:36:08,750 --> 00:36:10,333 she could have got me. It's a big machete. 546 00:36:10,417 --> 00:36:11,500 LOUDENSLAGEL: At some point, 547 00:36:11,708 --> 00:36:14,417 did Ms. Smith raise it up and point it at you? 548 00:36:14,542 --> 00:36:16,042 Yeah, she picked it up and just like 549 00:36:16,125 --> 00:36:18,667 to tell me to stay back because I was charging, 550 00:36:18,792 --> 00:36:20,500 like, I was coming at her aggressively. 551 00:36:23,125 --> 00:36:24,542 So she was like, "Hey, hey, stop stop," 552 00:36:24,667 --> 00:36:25,542 and I hit the knife. 553 00:36:27,875 --> 00:36:29,667 LOUDENSLAGEL: Is this when you got the cut on your finger? 554 00:36:30,167 --> 00:36:31,292 Yes. 555 00:36:33,792 --> 00:36:35,292 LOUDENSLAGEL: No further questions at this time, Your Honor. 556 00:36:35,875 --> 00:36:37,958 JUDGE: Mr. Campos. 557 00:36:38,042 --> 00:36:40,708 Isn't it true that the bottom line is 558 00:36:40,792 --> 00:36:43,542 that you were never afraid of Donjane? 559 00:36:44,042 --> 00:36:45,292 Yes. 560 00:36:48,042 --> 00:36:49,750 James, you didn't tell the police 561 00:36:49,875 --> 00:36:51,542 the full truth, did you? 562 00:36:51,542 --> 00:36:55,500 No, I like lowkey... I bluffed that... 563 00:36:55,542 --> 00:36:58,500 Like, I took everything I did and didn't say it. 564 00:36:58,583 --> 00:37:01,417 And then everything she did, I just said it, 565 00:37:01,500 --> 00:37:02,708 but then I just put extra on it. 566 00:37:02,875 --> 00:37:04,500 CAMPOS: You told the police that 567 00:37:04,583 --> 00:37:06,792 -she sliced at you three times? -RUNNELS: Yeah. 568 00:37:06,875 --> 00:37:09,500 And it was the third time that she sliced at you 569 00:37:09,583 --> 00:37:11,417 -that you cut your finger, right? -Correct. 570 00:37:11,542 --> 00:37:13,208 -And that's a lie? -Correct. 571 00:37:14,958 --> 00:37:18,833 Isn't it true that Donjane never came down on you 572 00:37:18,875 --> 00:37:19,958 when you were off the video? 573 00:37:20,042 --> 00:37:21,875 Right. When she ran up, 574 00:37:21,958 --> 00:37:24,042 she was just like talking to me. 575 00:37:24,125 --> 00:37:25,375 And then I was talking to her. 576 00:37:25,500 --> 00:37:27,750 And that's when I said "I'll break your face." 577 00:37:27,833 --> 00:37:30,458 Because you could tell, she's saying "Hit me, 578 00:37:30,542 --> 00:37:32,000 "you gonna hit me." That's when I was telling like, 579 00:37:32,083 --> 00:37:33,333 "Yeah, bitch, I'll break your face." 580 00:37:33,417 --> 00:37:34,958 I was about to beat her up. 581 00:37:35,042 --> 00:37:36,500 -You were about to beat her up? -RUNNELS: Mmm-hmm. 582 00:37:36,625 --> 00:37:38,000 -Is that a yes? -Yes, sir. 583 00:37:39,708 --> 00:37:42,667 I don't have anything further, Judge. Thank you. 584 00:37:42,750 --> 00:37:45,750 DERANGO: Your Honor, at this time, the state rests. JUDGE: All right. 585 00:37:45,833 --> 00:37:47,333 COURT CLERK: All rise for the jury. 586 00:37:53,042 --> 00:37:54,375 SMITH: I feel good, after today, 587 00:37:54,458 --> 00:37:56,167 I feel really confident. 588 00:37:56,208 --> 00:37:57,500 I feel like we covered everything 589 00:37:57,542 --> 00:38:00,000 that needed to be covered. 590 00:38:00,083 --> 00:38:02,875 So everything's exposed, pretty much. 591 00:38:02,958 --> 00:38:05,750 There's no evidence to substantiate the charges. 592 00:38:05,875 --> 00:38:08,333 And you know what, it's a complete defense victory. 593 00:38:20,542 --> 00:38:23,500 After the government puts on their case and rests, 594 00:38:23,583 --> 00:38:28,708 we have the right to approach the judge and say, "So what?" 595 00:38:28,792 --> 00:38:31,667 Take what they've presented, it still doesn't add up 596 00:38:31,708 --> 00:38:34,417 to enough evidence to take it to the jury. 597 00:38:44,208 --> 00:38:45,667 CAMPOS: If the judge makes a finding 598 00:38:45,750 --> 00:38:47,292 that there wasn't enough evidence 599 00:38:47,375 --> 00:38:49,500 he will dismiss the case right now, 600 00:38:49,583 --> 00:38:51,292 we don't have to present a defense. 601 00:38:53,042 --> 00:38:54,375 It's incredibly difficult 602 00:38:54,500 --> 00:38:58,208 to convince a judge to toss the case out. 603 00:38:58,292 --> 00:39:00,667 They wanna just let the jury decide. 604 00:39:02,083 --> 00:39:04,500 And this judge is very conservative. 605 00:39:04,625 --> 00:39:06,708 I'm not sure he's ever done it before. 606 00:39:07,583 --> 00:39:08,667 COURT CLERK: All rise. 607 00:39:11,000 --> 00:39:13,708 Thank you. Please be seated. 608 00:39:13,833 --> 00:39:17,667 All right. We are back on the record, State vs. Donjane Smith. 609 00:39:18,208 --> 00:39:20,708 Jury is not present. 610 00:39:20,792 --> 00:39:23,292 Mr. Campos, you have a Rule 20 motion. 611 00:39:23,375 --> 00:39:25,167 Your Honor, I'm not gonna spend a lot of time. 612 00:39:25,292 --> 00:39:27,375 Honestly, in 36 years, 613 00:39:27,458 --> 00:39:32,917 I've never seen a truer, cleaner, motion for Rule 20 614 00:39:33,000 --> 00:39:35,792 in any trial I've ever been a part of. 615 00:39:35,875 --> 00:39:38,250 Mr. Runnels took the stand under oath 616 00:39:38,333 --> 00:39:40,292 and affirmatively stated 617 00:39:40,375 --> 00:39:42,750 that he caused his own injury, 618 00:39:42,833 --> 00:39:45,167 and that is supported by the video. 619 00:39:45,250 --> 00:39:50,375 Mr. Runnels was very clear that he was never in fear. 620 00:39:50,375 --> 00:39:52,833 He put his hand up to provoke my client. 621 00:39:52,917 --> 00:39:56,375 He thought the entire thing was a joke. 622 00:39:56,458 --> 00:39:59,958 That does not amount to substantial evidence 623 00:40:00,042 --> 00:40:03,375 on either one of those elements to take it to the jury. 624 00:40:04,708 --> 00:40:08,167 So, I urge the court to put an end to this. 625 00:40:08,250 --> 00:40:10,042 -Thank you. -JUDGE: All right. 626 00:40:10,125 --> 00:40:11,375 Who's gonna argue for the state? 627 00:40:11,458 --> 00:40:12,750 DERANGO: I am, your Honor. JUDGE: All right. 628 00:40:15,417 --> 00:40:16,667 DERANGO: It's noted in case law 629 00:40:16,708 --> 00:40:19,667 that people in a domestic relationship 630 00:40:19,750 --> 00:40:23,417 may want to lie to protect their loved one. 631 00:40:23,500 --> 00:40:25,667 The jury will get an instruction 632 00:40:25,708 --> 00:40:27,375 that for any witness, 633 00:40:28,500 --> 00:40:31,292 they can choose to accept all, 634 00:40:31,375 --> 00:40:34,833 none, or part of the witness's testimony. 635 00:40:34,875 --> 00:40:38,750 They do not have to accept the victim going up there 636 00:40:38,833 --> 00:40:41,667 and now claiming he wasn't in reasonable apprehension. 637 00:40:41,792 --> 00:40:44,250 They don't have to accept 638 00:40:44,333 --> 00:40:47,167 that he thinks he caused his own injury. 639 00:40:47,208 --> 00:40:48,708 They can reject those claims 640 00:40:48,792 --> 00:40:50,792 based on the review of the other evidence in this case. 641 00:40:52,542 --> 00:40:54,000 JUDGE: Thank you. 642 00:40:54,083 --> 00:40:57,833 There are substantial weaknesses to the state's case. 643 00:40:57,917 --> 00:41:02,792 There's no question that Mr. Runnels caused his own injury. 644 00:41:02,875 --> 00:41:05,000 There's no factual dispute about that. 645 00:41:05,083 --> 00:41:08,667 He was never in fear. And if you watched that video, 646 00:41:08,750 --> 00:41:11,000 when you talk about reasonable apprehension, 647 00:41:11,042 --> 00:41:13,208 he is the aggressor from beginning to end. 648 00:41:13,208 --> 00:41:14,667 He pursued her. 649 00:41:14,792 --> 00:41:18,167 She went to the other end of the parking lot 650 00:41:18,250 --> 00:41:21,292 with the knife in her hand because he was going at her, 651 00:41:21,375 --> 00:41:22,625 he was moving at her. 652 00:41:22,708 --> 00:41:24,125 She kept retreating. 653 00:41:26,417 --> 00:41:28,958 I do not find that a reasonable juror 654 00:41:29,042 --> 00:41:32,167 could find the defendant guilty beyond a reasonable doubt 655 00:41:32,208 --> 00:41:33,542 with regard to both counts. 656 00:41:33,667 --> 00:41:36,333 The court is granting the Rule 20 motion 657 00:41:36,417 --> 00:41:38,542 and dismissing both counts with prejudice. 658 00:41:49,958 --> 00:41:52,875 SMITH: I feel really happy, overwhelmed with joy. 659 00:41:55,000 --> 00:41:57,333 I don't have words for it. It's like breathtaking. 660 00:41:57,417 --> 00:41:58,833 Literally. I cannot breathe. 661 00:41:58,917 --> 00:42:00,958 I'm like... (BREATHES DEEPLY) "What's gonna happen?" 662 00:42:02,875 --> 00:42:04,750 CAMPOS: This case never should have come to this point. 663 00:42:04,833 --> 00:42:06,167 You know, it's been over two years 664 00:42:06,292 --> 00:42:09,458 that I've been battling the government on this case. 665 00:42:09,542 --> 00:42:12,208 And finally we prevailed. 666 00:42:12,292 --> 00:42:14,167 Justice was done today. 667 00:42:14,250 --> 00:42:16,042 SMITH: Thank you so much. CAMPOS: All right, thank you. 668 00:42:16,125 --> 00:42:18,583 -I really, really appreciate it. -CAMPOS: All right. I know. 669 00:42:18,667 --> 00:42:20,667 SMITH: The relief of, okay, wake up tomorrow. 670 00:42:20,708 --> 00:42:22,875 What's tomorrow now? There's no more court. 671 00:42:22,958 --> 00:42:24,333 I don't have to deal with court. 672 00:42:24,417 --> 00:42:25,542 I don't have to worry about court. 673 00:42:25,625 --> 00:42:28,208 So it's just a new life. 674 00:42:28,333 --> 00:42:29,792 I feel like I'm born again today 675 00:42:29,917 --> 00:42:32,167 and I get to kind of start over fresh.