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Speaker 1: Sword and Scale contains adult themes and violence, and is

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not intended for all audiences. Listener discretion is advised.

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Speaker 2: We don't have another pace to go for get better.

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Speaker 3: You appreciate that as a dead girl on your porch.

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Speaker 4: Right, yeah, I don't have an option either.

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Speaker 1: Fifteen year old Frankie Archiletta is running as fast as

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he can. Each step kicks up a cloud of dust

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as one four Cabresto road shrinks behind him. That's where

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police were supposed to go, but they missed it, and

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now Frankie has to find them. His lungs burn, partly

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from the running, but mostly from panic. Finally he sees

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the red and blue lights getting closer. Frankie frantically waves

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his arms, trying to flag them down. The cruiser barely

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slows to a stop before Frankie jumps in the back seat.

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Speaker 2: Here this turn Centena nor the gate.

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Speaker 3: Yeah there's the gates.

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Speaker 2: Yeah yeah, yeah, fa yeah yeah, just go in. I know, dude,

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I'll do.

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Speaker 1: It's July twenty eighth, twenty twenty three, and earlier in

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the afternoon, multiple calls came into the Questa Police department.

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A thirteen year old girl has been shot somewhere on

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Cabresto Road. But his dispatch tried to confirm the details.

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Everything blurred into confusion, wrong addresses, contradictory witness statements, even

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someone mentioning that the shooting was a drive by. By

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the time police and ems arrived, they weren't sure which

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house was the right one.

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Speaker 3: She's she said, I think, well, I don't know. She's

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on the ground somewhere.

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Speaker 5: They're locked from the down door.

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Speaker 3: Poorsville foretels.

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Speaker 1: They've already wasted precious minutes. Meanwhile, Frankie's sister is bleeding out.

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Speaker 5: They can come by if they want, or they can

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patrol the area. I have a possible suspect vehicle of

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a black yukon tinted windows and No.

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Speaker 6: Twenty eight.

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Speaker 1: Frankie and the growing squad of quest of police officers

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run towards the patch of dry dirt near the back

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porch attached to the house. All the properties off Cabresto

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Road are rural and sprawling. There are plots of land

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with blurred borders, spotted with prefab homes and sheds, farming equipment,

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broken down vehicles, and herds of fenced in farm animals.

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By now there's a group of police officers huddled around

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frankie sister her Amber. She's lying face up, her wound

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bleeding into the dry ground around her head. Frankie is frantic,

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to say the least. Everything happened so fast he hasn't

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even had time to call his dad and alert him.

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Speaker 7: Relax, Relax, I don't know.

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Speaker 8: You need to back up, sister, You need to back up.

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You need to back up, she likes, Okay, I'm.

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Speaker 9: Gonna go ahead.

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Speaker 1: If Amber dies, the call to his father will be

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much more difficult for Frankie to make. Their mother just

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passed away previous year. Frankie can't bear the thought of

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telling his dad they've lost another family member.

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Speaker 2: She still was I'm feeling like she's Where is that at?

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Speaker 10: I don't think you guys dispatch the residents.

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Speaker 2: I don't care.

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Speaker 3: A TV.

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Speaker 11: Please hurry up and fucking get someone here.

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Speaker 2: There on the way.

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Speaker 1: Frankie wasn't the only person who witnessed the shooting. Crouching

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next to Amber's lifeless body is fourteen year old Keana Gonzalez.

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You can hear her crying. She's been on the phone

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with nine to one dispatch, her hands covered in blood,

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she's sobbing and at some point she got bit by

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a dog. Her medical needs are obviously not the top priority,

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but she doesn't care. I remember the girl dying on

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the ground is key on his girlfriend? Where did this happen?

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Speaker 3: Right here?

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Speaker 12: You don't want to war?

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Speaker 13: And then I don't know what happened.

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Speaker 3: We do have them to make the murder for red.

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We did pay quest the fire fire so much for.

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Speaker 14: Anyone's in the area.

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Speaker 2: Is anything I can do?

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Speaker 15: Still, she still has a post study and I'm gonna

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have to ask you, bro, what you're doing right now

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is not helping. I'm gonna need to either go sit

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down over here or just give us a second. Okay,

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you don't need to be upset. I understand, I understand,

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But what you're doing right now is I understand. But

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what you're doing right now is not helping.

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Speaker 2: Okay.

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Speaker 15: I'm not trying to be an asshole to you. I'm

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not trying to be an ashole to I'm trying to

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help you. But okay, this is what you're doing right

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now is helping. Please just get go over there with that.

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Speaker 3: I could do much.

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Speaker 15: Well, here's the here's the thing, dude. The medics are

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on the way. All we can all we can try

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to do is keep pro live about the medics she is.

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She has a pulse you need. It's pretty good. So

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can you please just go over there and let us

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do our job.

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Speaker 2: Please. It's okay, it's okay. But I understand your upset.

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I totally get it.

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Speaker 15: Okay, but the cats for the cast inside, guy, we're

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gon we're gonna we're gonna need.

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Speaker 2: You back up. Please please please, guys in here is

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not gonna help you.

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Speaker 15: Leave me.

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Speaker 2: Let us do our job.

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Speaker 15: Let us let us do our jobs. Travis knows exactly

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what he's doing. Travis knows exactly what I understand. I

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understand the closer you are. Yes, so she have a pulse.

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She has a pulse right now. Yes, right now, has

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a pulse right now. I just need you, I just

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need to step back for a second. I understand it's

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your sister, and understand you lolever. We're gonna do everything

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we possibly can to help her, Okay, I promise you.

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I promise you that. Okay, it's okay, it's okay. I

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understand your medal. I understand your medical I'd be mad

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to buddy, I'm gonna need you to step back because

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are working on her. Let let them work. Stop yelling

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at him, stop freaking out, just let us do our job.

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Speaker 2: Okay.

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Speaker 1: Frankie stomps off, deciding it's time to make that dreaded

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phone call to his dad. Meanwhile, EMS still hasn't arrived,

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so two of the officers start giving Amber CPR.

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Speaker 2: So keep your arms creaking as your body light. Don't

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win yourself out too fast because I'm remember.

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Speaker 5: See if you can get everybody's information and just start

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taking statements. I mean, I know it's fresh and everything,

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but at least identify everybody, please.

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Speaker 1: Officers begin asking around who owns the house. It isn't

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Amber's family's property. Within a few minutes, they confirm it

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belongs to thirty nine year old William Brown, an employee

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of the Taos County Jail. As far as anyone knows,

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William is still at work or on his way home.

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He definitely isn't here yet. His son, fourteen year old

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poor Furyo Brown, was hanging out with his three friends

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at the house when all of this went down. There

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were no adults around, but fourteen is an age where

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a lot of parents feel comfortable leaving their kids at

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home alone. None of that changes what's happening in front

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of them. Amber is slipping away and precious time is

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running out. Paramedics have still not arrived.

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Speaker 3: I can.

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Speaker 16: There's no other oh nothing.

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Speaker 1: While one deputy does CPR, another gently tilted Samber's head

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from side to side, looking for the bullet entry or

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exit wounds.

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Speaker 5: I can't find anything.

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Speaker 3: All right there in the eye. That's what I'm wondering

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about right here.

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Speaker 2: Yeah, I just don't.

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Speaker 16: Want to push.

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Speaker 9: Yeah.

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Speaker 1: Another ten minutes go by, and they take her pulse again.

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Speaker 16: There's remember almost here. I don't feel anything anymore. I

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guess you got shot on the road.

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Speaker 2: No, I think so.

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Speaker 1: Finally they can see an ambulance pulling up.

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Speaker 5: About ten minutes now.

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Speaker 3: It happened at Is that what we heard? Yes, so

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we're down twenty minutes.

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Speaker 1: Down twenty minutes. That means it took paramedics about twenty

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minutes to get there after the nine one one call,

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but no one knows how long she'd already been lying

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there before the call. The officers who were working on

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saving Amber can now leave the task to the paramedics

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while they gather evidence from the roadway, the spot where

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the kids said everything happen.

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Speaker 2: In fact, that bell the gate was closed, makes me

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think it was out.

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Speaker 3: They happened over here.

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Speaker 2: Somewhere. And if they were shooting to.

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Speaker 15: Help the driver's side smuggling this way, I think possibly

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live of blood right here, I'm mean sure if.

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Speaker 3: That the boiler of blood it says she wasn't bleeding

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into the shots.

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Speaker 17: There's no way some blood had come on.

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Speaker 1: Keana is the only one around now. Frankie has run

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off to talk to his dad on the phone, Porphyrio

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is missing an action, and none of the parents are

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on the scene yet. Despite the terrible timing, all of

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this is about to change. As deputies walk back to

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the spot where Amber's body is now covered with a sheet,

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they hear the news go to Coude one.

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Speaker 3: Okay, so we're gonna shut it, shut.

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Speaker 12: Down, clear the scene.

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Speaker 5: Let's get some tape and start taping everything off. Tape

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everything off, put the unit in the road. I want

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to block off whatever we can.

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Speaker 1: At the worst possible moment, Frankie and Amber's grandma pulls

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up in her red sedan. Their dad is in the

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front seat.

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Speaker 5: Do you have the father walking in now.

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Speaker 3: Uh, he's got carpenter kneepads on a blue T shirt

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and a baseball cap.

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Speaker 5: Well, I'm trying to block everything off from right here,

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so I need you to kind of go.

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Speaker 3: Back, please, Well.

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Speaker 5: Just I'm sorry, I'm not hi, sir, I understand, So

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can you talk to me for just a couple of minutes.

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The ems just pronounced her to see Stone.

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Speaker 2: My fucking god, man, that's it.

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Speaker 18: He's gone.

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Speaker 19: He's gone.

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Speaker 3: Connect he's referee.

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Speaker 1: And just like that, the worst thing imaginable is no

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longer a possibility. Instead it's reality. It's July twenty eighth,

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twenty twenty three. In the rural town of Questa, New Mexico.

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Thirteen year old Amber Archiletta has just been pronounced dead

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outside of her friend's house. She's been shot in the face.

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Three other kids were there when it happened. Or brother Frankie,

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her girlfriend Keana, and her friend Porphyrio. They were all

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childhood friends, rural neighbors. You could say. They all lived

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within walking distance of each other's houses, and hangouts like

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today weren't abnormal. The kids tell police they all saw

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someone in a black SUV drive up and shoot Amber

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while they were all walking together near the road. This

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is Porphyrio Brown's house and his dad, William, works for

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Taos County Jail. Talking to him is critical. His dogs

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are trampling all over the scene and one of them

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has already bitten two people. Not only that, but the

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layout of the property is set up so that herds

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of sheep block access to other fenced areas. Detectives need

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access to the whole property, and they need William to

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corral the animals. And there he is. Finally, he's standing

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at the front of the house, his cell phone placed

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to his ear. Porfyrio is standing just a few feet away.

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Speaker 15: Porfilio, can you get the dog in the house please? Okay,

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where can we put the dog in? It won't be

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biting people, I understand, dude, but we need this. I

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understand that you're upset and everything, but we have to

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get the dog off the property. We're gonna have We're

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gonna have about fifteen police officers here in about fit

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in about five minutes, and if your dog's.

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Speaker 2: Not off the property's gonna be a problem.

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Speaker 3: Dude.

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Speaker 2: Can you please get the dog in that?

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Speaker 3: All right? Bro?

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Speaker 15: They're gonna be walking all through this area and they're

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gonna be getting bit by your dog over and over

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again if you don't get it off the property.

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Speaker 1: William Brown, like we said earlier, works for the Taws

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County Jail, so he's no stranger to higher keys of authority.

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But now his property is the subject of an investigation,

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and somehow he easily slips into the role of someone

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who's that more run ends with the law. Then moments

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working alongside them, what happens next isn't going to make

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him anymore cooperative.

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Speaker 4: You just said, come here to me, now, yeah, your son,

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well he lost, Yes, he is, by the way.

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Speaker 20: Just let me talking to him.

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Speaker 21: They me talking to him, just going hey, come on,

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wait guys, guys, just let me talk to him.

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Speaker 3: We'll let me talk to him.

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Speaker 2: Will send me. Calm him down, let me help you

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get him up.

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Speaker 3: He doesn't have any policy persecutor. You want to stand up,

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I'm gonna driving another shoe, all right.

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Speaker 2: You gotta calm down.

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Speaker 5: Calm down, because you were you were swinging, but you

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want to go to argument.

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Speaker 3: If he wasn't even know.

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Speaker 15: It, he sweah, where are you taking to a unit?

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Speaker 1: A unit is just a patrol car, to be clear,

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But William doesn't care. Seeing his boy in handcuffs is

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all he needs to go into full blown Papa Bear mode.

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We haven't even seen half of it yet.

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Speaker 4: For what, that's all Anti's need to take this.

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Speaker 3: I think it's pretty obviously he's entertaining us.

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Speaker 2: Well that but what he didn't do.

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Speaker 16: Nothing he needs.

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Speaker 3: He's been obtained with us.

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Speaker 2: That's just that's it.

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Speaker 3: That's gonna be in the end of it.

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Speaker 1: Leaving the rook, He's just gonna say.

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Speaker 4: You guys can't bring him to the house, the unit

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to hell.

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Speaker 3: Because it's a crimson. I can't. I can't met anyone

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in it.

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Speaker 2: So that's the other thing.

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Speaker 4: How long is this gonna take?

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Speaker 3: As long as it takes. I can't give you answer, because.

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Speaker 2: What are you How long is this gonna take?

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Speaker 1: Because you know we've been taken.

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Speaker 2: Hold on to you, okay, we don't have another pace

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to go for get better.

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Speaker 3: I mean you appreciate it as a dead girl on

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your porch rape?

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Speaker 4: Yeah, I don't have an option either.

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Speaker 1: As they walk back towards the house, William starts to

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yell at Portfario not to talk to cops. Interesting timing.

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He also yells at the officer escorting him, telling him

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not to talk to his son. Never mind that he

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hasn't been mirandized yet. Big Daddy William Brown is on

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the case, acting like Portfarrio's stand in attorney. If the

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attorney was saw a goodman, that is, and he started running,

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he wasn't in the run.

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Speaker 3: He started running.

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Speaker 22: There's't no footing argument on the try and load up

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and swing on it.

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Speaker 12: If that wasn't visiting, nor about really a little kid.

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Speaker 9: Yeah right kid?

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Speaker 3: Hey, you he sucks man, and I don't not start

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up with him. Stop you stop stop. I'm not well he.

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Speaker 19: Doesn't.

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Speaker 1: But what you said, you have a dead girl, and

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you need to be like you.

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Speaker 3: I do. I've been trying to cooperate with a cross.

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Speaker 2: Well they're taking him.

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Speaker 1: He said, I could walk with you.

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Speaker 3: Guys. They need to calm down.

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Speaker 15: I want to put you.

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Speaker 2: I wasn't even talking to that.

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Speaker 3: I just told him to leave so he didn't aggrevate

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you anymore.

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Speaker 5: But you can't keep doing this because then I'll put

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you in cuffs, and I don't want to do that.

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Speaker 3: He's nothing wrong.

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Speaker 4: Well let's walk over there, because they're still talking to it.

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Speaker 1: Doesn't enp once they get Portfarrio in the back of

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the squad car and away from the adults. The state police,

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who have been on the scene for a while, have

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to explain everything to William and his girlfriend Ashley, well

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as much as they can.

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Speaker 3: That is, would you be h kid who gives a statement,

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I wasn't even going okay, so you just got here

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just now? Or did you just get here after? Yeah?

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Speaker 4: I was at work when he when my son called

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me about it happened.

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Speaker 3: Did you sell, sell you anything anything like that.

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Speaker 4: He just said that there was a girl that was

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shot and he didn't.

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Speaker 2: Know what to do.

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Speaker 3: Did he say who shot the girl?

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Speaker 2: You can't actually, you can't go there. Did he say

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who shot the girl? He said a black as TV.

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Speaker 3: Black AV Yeah, that's all he said.

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Speaker 4: I well, he referred to it as he said it

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was a black a CV, he's all he said.

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Speaker 3: We told weas I don't know. Was it a Yukon?

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Speaker 4: I can't remember, because we resorted to as another girl's

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car delight us and then that her family drives that car.

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But it wasn't that people, It's just the way, because

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that's what he told me.

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Speaker 1: He said.

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Speaker 3: It was a part of it. Looked like Delilah's And

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did it look like Delilah's.

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Speaker 4: Yeah, loose, that's another girl that livesn't tell she has

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nothing kind of it, But it's what still. I just

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cart her moms.

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Speaker 23: Awin.

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Speaker 3: But did she see who shot him or no?

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Speaker 2: He never said.

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Speaker 4: He just told me, didn't tell you who it was.

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And I he told me that that happened. I was

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at work and I just left and then everything else

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was done with plus the pedire, So there was nothing

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else that he told me other than you know, we

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we've been.

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Speaker 2: Coopering the whole time.

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Speaker 4: Town now appreciate it because this guy asked us to

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take off his pants and stuff, and she put him

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in a bag down on the counter for you, and

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he was basically watching to the window.

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Speaker 1: Yeah, he's actually insinuating that one of the officers was

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creeping through the window enjoying the view of Portfurio, removing

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his bloody pants and putting them in an evidence back. Also,

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ain't it weird that the guy who keeps asking the

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same questions over and over again, just like his son,

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by the way, questions which have been answered, mind you,

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what's content with his son? Only giving him vague details

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about the dead girl on his property.

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Speaker 19: Weird, right, smister Brown, this is who I am, Major

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Faul Crumb and then was New Mexico State Police.

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Speaker 3: I'm in the case agent for this case. Okay.

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Speaker 19: I know you said that your son had already spoken

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to a lawyer, so then we'll get a hold of

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him and see what he wants to do. All I

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can tell you is that this is all brand new

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to us. We just showed up. I understand your frustrations,

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but let us do our jobs. I can promise you.

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All I'm here for is.

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Speaker 3: The truth and what's going to him.

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Speaker 19: So right, right this second, he's just being detained. I'm

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going to get a hold of mister Gower obviously because

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of pre preliminary information. Preliminary information that we've received has

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given us the right to detain him for right now.

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Speaker 3: I can't. I can't.

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Speaker 19: There's a lot of there's a lot of stuff that

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I can't tell you. I'll tell you as.

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Speaker 3: Much as I can.

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Speaker 19: I'll be as straight up with you as I can,

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but there's just information that I don't share, and that

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just just to protect the integrity of the investigation. I'm

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the case agent. The buck stops with me. Okay, So

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if you have any questions, by all means, call me.

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But right now, we just have a lot, a lot

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of other stuff to do. That's all preliminary, so we

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don't have a lot of information either, but the initial

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stuff that we do have gives us the right to

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detain your son.

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Speaker 1: William has already noticed something strange. Now his son Portfyrio

398
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seems to be the odd one out in his group

399
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of friends and one of.

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Speaker 4: The other ones going to be picked up.

401
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Speaker 19: As soon as I get as soon as I get

402
00:21:52,119 --> 00:21:56,200
to that point. Bottom line, I can't give you a

403
00:21:56,200 --> 00:21:59,160
time frame. Do you know where they're at?

404
00:22:00,599 --> 00:22:01,359
Speaker 2: They had them leave.

405
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Speaker 3: I have no idea, Carol, Actually, don't.

406
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Speaker 4: Say anything to nobody, So I'm not saying anything to anybody,

407
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the attorneys.

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Speaker 8: I just want to.

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Speaker 24: Explain something to them.

410
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Speaker 8: Okay, I'm just.

411
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Speaker 4: You, but you don't speak until the attorney speaks.

412
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Speaker 23: You're going to ask for any questions.

413
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Speaker 19: I'm just telling you this is mister Brown. I understand

414
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your frustration, but let us work.

415
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Speaker 21: Well.

416
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Speaker 4: Yeah, I'm not saying and.

417
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Speaker 3: I appreciate that, but that's that's where we're at.

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Speaker 20: Okay.

419
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Speaker 1: If this family of Karen's is so insufferable with a

420
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dead girl on their porch. Can you imagine what the

421
00:22:38,160 --> 00:22:41,119
local Walmart supervisor has had to put up with over

422
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the years. Everything happened so fast, just like the shooting.

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But before police gave William this vague explanation, they had

424
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already spoken to Frankie and Keana. While the kids waited

425
00:22:54,680 --> 00:22:57,799
to give their official statements, one officer happened to be

426
00:22:57,880 --> 00:23:02,359
standing near a car. The door was open. Keanu was

427
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talking to her mom, and what she said to her

428
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changed everything. This is gonna be a little bit hard

429
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to hear, but we're gonna play it anyway.

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Speaker 25: I'm sitting in his kitchen.

431
00:23:15,279 --> 00:23:18,839
Speaker 14: This one music, I mean fun, and that's when you

432
00:23:19,039 --> 00:23:22,319
start learning what it starts pointing it and the reaction

433
00:23:22,480 --> 00:23:25,200
to Vic has the reaction to her, You're gonna go like,

434
00:23:25,279 --> 00:23:25,640
try to.

435
00:23:25,599 --> 00:23:28,759
Speaker 25: Move their heads and ship and she did that and

436
00:23:28,759 --> 00:23:34,000
the rest her I look, I see a little lunch

437
00:23:34,400 --> 00:23:37,559
that TI gay attach and.

438
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Speaker 11: Fucking dumb ass operators being so stupid. Of course I'll

439
00:23:41,480 --> 00:23:46,160
be fucking freaking out.

440
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Speaker 2: And again, shut the fuck up, shut up, just fucking.

441
00:23:47,960 --> 00:23:49,200
Speaker 24: Listen the hardest you can.

442
00:23:49,759 --> 00:23:52,559
Speaker 2: I don't know what's about to tell you. And she

443
00:23:52,599 --> 00:23:54,519
tries to tell me, do you have any form of idea?

444
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Speaker 26: I'm fucking fourteen.

445
00:23:58,400 --> 00:24:00,160
Speaker 24: If I tell you, I'm I was.

446
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Speaker 14: Born in two thousand and nine, So fuck does that?

447
00:24:03,000 --> 00:24:07,039
Speaker 1: Hello, This dumb bitch's friend just murdered someone, but she's

448
00:24:07,039 --> 00:24:10,599
mad at nine one one instead. Yeah, there's a lot

449
00:24:10,599 --> 00:24:14,119
of that going around anyway. In the beginning of this clip,

450
00:24:14,160 --> 00:24:17,119
if you listen real close, you can hear what she

451
00:24:17,240 --> 00:24:21,960
told her mom. She said, everything was perfectly fine. We

452
00:24:21,960 --> 00:24:25,400
were all sitting in his kitchen listening to music. And

453
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that's when he pulls out the gun and starts pointing it.

454
00:24:29,720 --> 00:24:34,039
Will you look at that? Turns out New Mexico State

455
00:24:34,079 --> 00:24:38,079
Police had a really good reason to detain Porphyrio Brown.

456
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Speaker 2: Okay, so go ahead and tell me.

457
00:24:43,200 --> 00:24:47,960
Speaker 15: What exactly what happened from from the moment before she

458
00:24:48,039 --> 00:24:48,400
was shot.

459
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Speaker 2: Okay, what were you guys doing before she was shot?

460
00:24:51,200 --> 00:24:53,759
Speaker 18: She went having a goal time and she just like

461
00:24:54,000 --> 00:24:56,880
went to the backyard and like we're done nice in pace,

462
00:24:57,000 --> 00:24:57,359
go to.

463
00:24:57,480 --> 00:25:02,319
Speaker 14: Shit, And we ended up going to the and he

464
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ended up.

465
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Speaker 27: Going back into his house and then next thing you know,

466
00:25:06,079 --> 00:25:09,000
he pulls out I think it's a revolver. The one

467
00:25:09,039 --> 00:25:10,440
that has like a spinning barrel.

468
00:25:10,640 --> 00:25:12,880
Speaker 2: Okay, he pulls out of it. It was a handgun.

469
00:25:13,039 --> 00:25:14,400
Speaker 10: Yeah, he pulls that up.

470
00:25:14,480 --> 00:25:16,079
Speaker 15: So just to just to get it straight. You guys

471
00:25:16,079 --> 00:25:17,599
are you guys are in the back of the house, right,

472
00:25:17,680 --> 00:25:18,480
you can hang out playing.

473
00:25:18,559 --> 00:25:21,519
Speaker 10: The first we were perfectly fine, just chilling, nothing wrong.

474
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Speaker 14: And we ended up going inside.

475
00:25:25,279 --> 00:25:27,519
Speaker 27: And then that that's the one he pulls out that

476
00:25:27,680 --> 00:25:30,039
good and I was like, dog, don't even be doing

477
00:25:30,079 --> 00:25:31,079
that because I could be loaded.

478
00:25:31,160 --> 00:25:33,160
Speaker 10: He was also, And then he ends up pointing it

479
00:25:33,200 --> 00:25:35,319
at her and she went.

480
00:25:36,720 --> 00:25:40,000
Speaker 1: And she went to go like like take.

481
00:25:39,880 --> 00:25:40,799
Speaker 10: It away from her face.

482
00:25:40,920 --> 00:25:44,119
Speaker 11: Right, all of a sudden, you just hear a boom.

483
00:25:44,240 --> 00:25:47,000
Speaker 25: I look and I see her poots in the cross.

484
00:25:47,279 --> 00:25:49,279
Speaker 2: So he shot her in the face with the handgun.

485
00:25:50,599 --> 00:25:52,839
Speaker 15: Where where were you guys when he shot her with

486
00:25:52,839 --> 00:25:53,319
the handgun?

487
00:25:53,480 --> 00:25:54,240
Speaker 9: Oh?

488
00:25:54,519 --> 00:25:56,000
Speaker 25: I think the kitchen.

489
00:25:56,119 --> 00:25:57,720
Speaker 2: You guys were inside the house when it happened.

490
00:25:57,759 --> 00:26:00,880
Speaker 15: Yeah, were they joking around?

491
00:26:01,039 --> 00:26:04,279
Speaker 2: Was he mad at her? What was the I don't

492
00:26:04,319 --> 00:26:04,920
know everything.

493
00:26:05,079 --> 00:26:08,799
Speaker 10: She was perfectly fine. Everybody was joking, laughing, and he

494
00:26:09,039 --> 00:26:10,839
pulls it out. I don't even know where he got

495
00:26:10,839 --> 00:26:14,839
it from. And then he he he goes he goes like,

496
00:26:14,960 --> 00:26:18,359
cause like how it was because there's a table against

497
00:26:18,359 --> 00:26:20,480
the wall, and like I was standing against the window

498
00:26:20,799 --> 00:26:22,319
and she was next standing right there in the middle,

499
00:26:22,960 --> 00:26:25,559
and he points at her, and so she like went

500
00:26:25,640 --> 00:26:27,720
to go move it, and.

501
00:26:27,759 --> 00:26:29,359
Speaker 25: That's when you just hear the loud bang and a

502
00:26:29,359 --> 00:26:31,119
little bit of a light and then.

503
00:26:30,960 --> 00:26:34,440
Speaker 11: She drops and next thing you know, she just starts

504
00:26:34,480 --> 00:26:38,079
to glean. But next thing you know, when she does fall,

505
00:26:38,599 --> 00:26:41,759
should we all look? And then that's wants to freak out,

506
00:26:42,200 --> 00:26:43,519
and he's like, let's.

507
00:26:43,359 --> 00:26:45,319
Speaker 10: Take her to the bat and Frankie's.

508
00:26:44,880 --> 00:26:46,599
Speaker 16: All, we'll call on one.

509
00:26:46,880 --> 00:26:48,720
Speaker 27: And I was like panicking. So it took me a

510
00:26:48,759 --> 00:26:50,400
minute to get my phone out of my pocket and

511
00:26:50,640 --> 00:26:54,200
just to dial in general okay, And then finally.

512
00:26:53,920 --> 00:26:56,319
Speaker 11: We were able or well he was able to get.

513
00:26:56,240 --> 00:26:59,160
Speaker 10: Her out, and then me and Frankie were standing out

514
00:26:59,200 --> 00:27:02,160
there with her, well four point somewhere, I don't know where.

515
00:27:02,519 --> 00:27:05,359
Speaker 2: You just go back into the house, yeah, I think so,

516
00:27:05,400 --> 00:27:06,000
I'm not sure.

517
00:27:06,880 --> 00:27:11,400
Speaker 1: Guys, guys, guys, before you get outraged, remember it's the

518
00:27:11,480 --> 00:27:15,759
gun's fault. The inanimate object murdered this girl, not the

519
00:27:15,839 --> 00:27:19,759
ignorant brown kid growing up in gangst the culture with

520
00:27:19,839 --> 00:27:23,119
the approval of his ignorant, brown gun owning parents, who

521
00:27:23,559 --> 00:27:26,519
weren't even home at the time. Remember to assign your

522
00:27:26,519 --> 00:27:30,359
blame in a proper woke fashion. Everyone good, Now that

523
00:27:30,440 --> 00:27:34,599
all the idiots have left and stopped listening, let's continue.

524
00:27:35,039 --> 00:27:38,000
While all this was happening, a detective pulls out his

525
00:27:38,119 --> 00:27:41,400
radio and quietly cancels the BOLO alert.

526
00:27:41,920 --> 00:27:42,799
Speaker 15: Hey, what's going on?

527
00:27:43,480 --> 00:27:45,480
Speaker 6: Can you do me a favorite? Cancel that bolo for

528
00:27:45,519 --> 00:27:46,680
that black of cud.

529
00:27:47,440 --> 00:27:52,319
Speaker 9: Yeah, we kind of already did. Okay, perfect, Okay, any

530
00:27:52,400 --> 00:27:53,960
other updates or nothing?

531
00:27:55,119 --> 00:28:00,519
Speaker 6: So for right now, three polices on scene. These guys,

532
00:28:00,519 --> 00:28:02,680
you're out here there, crime scene guys, you're out here.

533
00:28:03,279 --> 00:28:05,640
So it looks like she'll probably end up taking this

534
00:28:05,640 --> 00:28:06,559
one over from us.

535
00:28:06,799 --> 00:28:07,079
Speaker 9: Huh.

536
00:28:07,920 --> 00:28:14,319
Speaker 6: But we do have possible stufffecting custody and we're going

537
00:28:14,400 --> 00:28:19,519
to be turning him over to six weeks. And so yeah,

538
00:28:19,559 --> 00:28:23,160
I don't think we have anybody any other suspects help standy.

539
00:28:24,160 --> 00:28:26,920
Speaker 1: It isn't until much later, during a follow up interview

540
00:28:27,400 --> 00:28:30,359
that Keana explains why she didn't tell the truth from

541
00:28:30,400 --> 00:28:30,880
the beginning.

542
00:28:31,200 --> 00:28:34,319
Speaker 3: So there was there was a story of a vehicle

543
00:28:34,440 --> 00:28:35,319
driving by.

544
00:28:35,319 --> 00:28:40,319
Speaker 18: Oh yeah, he he made that story up whenever he

545
00:28:40,480 --> 00:28:43,319
shot her and took her outside, when.

546
00:28:43,599 --> 00:28:46,039
Speaker 3: What did he tell you about that?

547
00:28:46,920 --> 00:28:49,119
Speaker 18: He'm trying to make up the story that the drive

548
00:28:49,160 --> 00:28:52,000
by happened like right like next that dumpster in front

549
00:28:52,000 --> 00:28:54,759
of his like on the road chase had drive by

550
00:28:54,799 --> 00:28:57,759
happened right there, and that her brother went to his

551
00:28:57,839 --> 00:29:00,640
house freaking out about it and then up dragging her

552
00:29:00,680 --> 00:29:01,119
over there.

553
00:29:01,359 --> 00:29:05,720
Speaker 3: But m but that's not even close.

554
00:29:06,599 --> 00:29:10,480
Speaker 19: Okay, So was he telling you guys to say that?

555
00:29:11,119 --> 00:29:14,559
I think he wanted us soon He was just saying

556
00:29:14,839 --> 00:29:15,559
that version.

557
00:29:18,240 --> 00:29:19,160
Speaker 18: Yeah, I think he was.

558
00:29:19,880 --> 00:29:21,839
Speaker 3: Okay, do you know who he was on the phone?

559
00:29:21,880 --> 00:29:22,039
Speaker 18: Left?

560
00:29:22,079 --> 00:29:22,519
Speaker 3: By chance?

561
00:29:23,200 --> 00:29:24,440
Speaker 18: It might have been one of his parents.

562
00:29:24,519 --> 00:29:28,599
Speaker 19: I'm not sure though, So so he made sure that

563
00:29:28,680 --> 00:29:31,119
you heard him talking on the phone when he when.

564
00:29:30,920 --> 00:29:33,759
Speaker 18: He gave that yeah, because he walked around me and

565
00:29:33,799 --> 00:29:35,920
her when I was still next to her on the floor,

566
00:29:36,799 --> 00:29:38,799
and he ended up saying, like I heard him on

567
00:29:38,799 --> 00:29:41,160
the phone, was it was a drive by? All of

568
00:29:41,200 --> 00:29:43,400
a sudden some car passed by and the shot her.

569
00:29:44,519 --> 00:29:46,880
Speaker 3: Did he ever ask you to move for him?

570
00:29:47,400 --> 00:29:51,279
Speaker 18: He did ask us to help him pick her up

571
00:29:51,400 --> 00:29:53,000
when no one else helped.

572
00:29:53,240 --> 00:29:56,039
Speaker 3: Because that's that's fupped up and where what did he

573
00:29:56,119 --> 00:29:56,480
want to do?

574
00:29:57,279 --> 00:30:00,319
Speaker 18: I don't know if he wanted to take her side

575
00:30:00,319 --> 00:30:02,279
and like hide the whole fact that he shuddered.

576
00:30:04,200 --> 00:30:06,160
Speaker 3: Well, I mean, if it's talking about it, drive back,

577
00:30:07,279 --> 00:30:08,079
that makes.

578
00:30:07,839 --> 00:30:12,680
Speaker 18: Sense because later on, like he didn't like when he

579
00:30:12,799 --> 00:30:14,519
was on the phone with his daddy, even told him

580
00:30:14,559 --> 00:30:15,359
that he didn't shoot her.

581
00:30:16,119 --> 00:30:21,000
Speaker 1: Assigning blame to a random third party. Weird, that's not

582
00:30:21,079 --> 00:30:24,000
at all what criminals do. I guess that would be

583
00:30:24,039 --> 00:30:26,039
a good time to play the beginning of that nine

584
00:30:26,039 --> 00:30:27,079
to one one call for you.

585
00:30:27,359 --> 00:30:28,960
Speaker 9: What's the location of your emergency?

586
00:30:29,839 --> 00:30:31,000
Speaker 1: What the game?

587
00:30:31,119 --> 00:30:33,200
Speaker 4: Hello?

588
00:30:34,200 --> 00:30:38,799
Speaker 9: Oh, my shot, give me the acca, give me the address.

589
00:30:39,720 --> 00:30:40,240
Speaker 7: But what's that?

590
00:30:41,519 --> 00:30:46,319
Speaker 9: Why they're yelling and I can't understand then what happened?

591
00:30:46,759 --> 00:30:47,559
Speaker 19: My god, my god?

592
00:30:47,680 --> 00:30:49,240
Speaker 9: Shot your girlfriend?

593
00:30:50,319 --> 00:30:50,519
Speaker 5: Yes?

594
00:30:51,559 --> 00:30:52,599
Speaker 9: Where does she get shot?

595
00:30:57,480 --> 00:30:57,799
Speaker 2: Okay?

596
00:30:59,519 --> 00:31:01,240
Speaker 9: Okay, what's your what's your name?

597
00:31:02,440 --> 00:31:03,079
Speaker 28: My name is?

598
00:31:04,519 --> 00:31:04,839
Speaker 9: Okay?

599
00:31:06,640 --> 00:31:06,960
Speaker 12: Remember?

600
00:31:10,519 --> 00:31:11,119
Speaker 23: Is she alert?

601
00:31:13,440 --> 00:31:14,559
Speaker 9: Is your girlfriend alert?

602
00:31:15,640 --> 00:31:15,799
Speaker 5: Oh?

603
00:31:16,039 --> 00:31:17,680
Speaker 23: She's looking on gorgeous right now?

604
00:31:18,640 --> 00:31:18,960
Speaker 1: Worry?

605
00:31:19,359 --> 00:31:21,559
Speaker 9: Okay, we're gonna get somebody out there right now. Stand

606
00:31:21,640 --> 00:31:27,079
the line with me. Don't don't hang up. We're getting

607
00:31:27,119 --> 00:31:28,960
somebody out there, but don't hang up on me. Okay,

608
00:31:31,119 --> 00:31:38,519
come on, just keep her comfortable. Okay, Oh, I.

609
00:31:38,519 --> 00:31:39,200
Speaker 26: Think I don't know if she.

610
00:31:42,119 --> 00:31:53,039
Speaker 9: Sir? Yeah, is she still unconscious? Sir? Is the person

611
00:31:53,119 --> 00:31:54,119
that shot her still there?

612
00:31:55,119 --> 00:31:55,319
Speaker 4: Yeah?

613
00:31:55,680 --> 00:31:57,279
Speaker 15: Wait, no, they drove by.

614
00:31:58,200 --> 00:32:02,079
Speaker 9: It was a dry by you. No.

615
00:32:02,240 --> 00:32:04,759
Speaker 4: I wasn't even really around, l I was opening the bill.

616
00:32:05,440 --> 00:32:08,759
Speaker 9: Okay, do you have an idea of what kind of vehicle? Baby? So?

617
00:32:09,720 --> 00:32:10,599
Speaker 22: Okay, I'm not sure.

618
00:32:10,920 --> 00:32:12,119
Speaker 3: I'm not sure.

619
00:32:12,319 --> 00:32:14,799
Speaker 1: Yeah, let me ask you something, And I want you

620
00:32:14,839 --> 00:32:17,200
to rub those two brain cells together real hard and

621
00:32:17,240 --> 00:32:19,480
see if you can come up with an answer. If

622
00:32:19,519 --> 00:32:22,960
you had just watched someone murder someone else, would your

623
00:32:23,720 --> 00:32:27,480
first instinct be to cover for them? If so, kindly,

624
00:32:27,799 --> 00:32:31,920
fuck off and unsubscribed. Now, now let's hear what Frankie

625
00:32:32,119 --> 00:32:35,119
says when he's confronted with these inconsistencies.

626
00:32:35,799 --> 00:32:39,960
Speaker 3: But what time to tell you guys about the taking

627
00:32:40,079 --> 00:32:40,640
order of the road.

628
00:32:40,759 --> 00:32:44,000
Speaker 18: That's when Hue like, that's when she was actually outside outside.

629
00:32:43,680 --> 00:32:46,720
Speaker 19: That's when she was already outside. Yeah, and you guys

630
00:32:46,920 --> 00:32:48,680
had had called nine one one.

631
00:32:48,599 --> 00:32:52,839
Speaker 4: Yet, I think we'll like right when he like kind

632
00:32:52,880 --> 00:32:54,519
of like drugged her out to like the final squat,

633
00:32:54,559 --> 00:32:57,519
he kept saying he said that, and I was like no,

634
00:32:57,759 --> 00:32:58,400
And then I called in.

635
00:32:59,200 --> 00:33:03,400
Speaker 19: Okay, bit, but you and Keana and poor fall three

636
00:33:03,599 --> 00:33:09,319
talked about a vehicle driving by, about Amber being shot

637
00:33:09,400 --> 00:33:10,799
from a vehicle that drove by.

638
00:33:11,519 --> 00:33:14,480
Speaker 18: I don't I don't know about DJ, but I don't

639
00:33:14,559 --> 00:33:15,920
remember in me singing a vehicle.

640
00:33:16,960 --> 00:33:20,680
Speaker 3: I hope, yeah he did. I know he did. So

641
00:33:20,839 --> 00:33:22,160
what what did you hear?

642
00:33:22,519 --> 00:33:22,559
Speaker 18: Like?

643
00:33:22,720 --> 00:33:24,160
Speaker 3: Could he tell you that story?

644
00:33:25,240 --> 00:33:28,000
Speaker 4: He kept I kept hearing him saying, like, help me,

645
00:33:28,119 --> 00:33:30,440
help me, because that he was going to like his

646
00:33:30,599 --> 00:33:31,400
dad was going to like.

647
00:33:32,519 --> 00:33:34,079
Speaker 3: And he was on the phone when he was saying

648
00:33:34,119 --> 00:33:37,079
help me, or who is he talking to to, like

649
00:33:37,240 --> 00:33:40,519
trying to tell us to like help him? Okay, all right?

650
00:33:40,640 --> 00:33:44,039
And what did porf do with the gun? That's one thing.

651
00:33:44,079 --> 00:33:46,160
I don't know what he did after the fact. Do

652
00:33:46,240 --> 00:33:47,680
you know what Russian roulette is?

653
00:33:49,079 --> 00:33:49,319
Speaker 2: Okay?

654
00:33:49,720 --> 00:33:52,720
Speaker 3: Was he playing that that? You're positive?

655
00:33:54,039 --> 00:33:57,880
Speaker 1: Kid's gonna be pretty stupid. As evidenced by this detective's

656
00:33:58,000 --> 00:34:02,559
question about Russian rouly let, if a false story about

657
00:34:02,599 --> 00:34:06,720
a drive by came from Porphyria, it might team strange

658
00:34:06,799 --> 00:34:10,440
that Frankie and Keana went along with it, But these

659
00:34:10,480 --> 00:34:14,360
four kids were close. Frankie and Porphyrio were best friends,

660
00:34:15,360 --> 00:34:18,760
His best friend had just shot his sister, and in

661
00:34:18,880 --> 00:34:22,400
that moment, Frankie wasn't thinking about justice. He was thinking

662
00:34:22,400 --> 00:34:27,039
about damage control. He didn't know exactly what had happened,

663
00:34:27,079 --> 00:34:31,639
but he knew one thing for sure. It had to

664
00:34:31,719 --> 00:35:02,960
be an accident, didn't it. The story Frankie, Keana and

665
00:35:03,239 --> 00:35:08,239
Porfyrio gave to the police has completely fallen apart. The

666
00:35:08,320 --> 00:35:12,639
black SUV simply didn't exist, and the real shooter is

667
00:35:12,719 --> 00:35:16,159
now sitting in the back of a patrol car. Portfyrio

668
00:35:16,280 --> 00:35:19,280
Brown is fourteen years old, and he had access to

669
00:35:19,360 --> 00:35:23,079
at least one gun. For some reason, he pointed it

670
00:35:23,159 --> 00:35:27,440
at a thirteen year old named Amber Archiuletta in the

671
00:35:27,559 --> 00:35:30,159
face and pulled the trigger.

672
00:35:30,440 --> 00:35:33,639
Speaker 14: When we started. And they're fourteen years old at that,

673
00:35:34,960 --> 00:35:35,400
all of them.

674
00:35:35,440 --> 00:35:36,480
Speaker 3: No, they are all classmates.

675
00:35:36,480 --> 00:35:37,760
Speaker 12: All of them are helping them.

676
00:35:40,360 --> 00:35:43,920
Speaker 22: That was my job's girlfriends that happened.

677
00:35:44,039 --> 00:35:47,960
Speaker 1: That these were classmates. They lived in the same neighborhood,

678
00:35:47,960 --> 00:35:52,480
they were childhood friends. Porforio's father worked for the Taos

679
00:35:52,559 --> 00:35:56,280
County Jail in the past. He was even a guide

680
00:35:56,400 --> 00:36:00,800
for the hunter's safety course. The family have known gun

681
00:36:00,920 --> 00:36:04,559
safety like the back of their hand. Should have been

682
00:36:05,199 --> 00:36:08,320
second nature to them because in many ways it was

683
00:36:09,320 --> 00:36:09,800
their job.

684
00:36:10,639 --> 00:36:13,760
Speaker 3: So when he pointed it at her about how far

685
00:36:13,840 --> 00:36:18,239
away it was about probably about like this. So did

686
00:36:18,360 --> 00:36:20,679
she approach him to get a hope of the gun?

687
00:36:20,920 --> 00:36:22,840
Speaker 18: Well, she was like this, and I don't know if

688
00:36:22,840 --> 00:36:25,400
they went closer to what then like they started struggling

689
00:36:25,480 --> 00:36:26,599
like this, and then like in.

690
00:36:26,719 --> 00:36:30,039
Speaker 3: Time they start yes, And what was he doing with

691
00:36:30,159 --> 00:36:33,000
the other guns? He said, I'm not sure if.

692
00:36:32,920 --> 00:36:34,360
Speaker 18: He was just pulling them out to show him off,

693
00:36:34,400 --> 00:36:35,920
to see if he was cool or what.

694
00:36:36,320 --> 00:36:39,480
Speaker 8: But he just pulled him out and he didn't do

695
00:36:39,559 --> 00:36:40,119
nothing with him.

696
00:36:40,199 --> 00:36:41,920
Speaker 18: So then he ended up doing I think you put

697
00:36:42,000 --> 00:36:43,400
him on the counter or something. I don't even know.

698
00:36:44,039 --> 00:36:45,400
Speaker 2: I thought, like jendly, he was.

699
00:36:45,639 --> 00:36:46,400
Speaker 20: Really chill guy.

700
00:36:46,639 --> 00:36:48,320
Speaker 18: Like we always used to hang out.

701
00:36:48,360 --> 00:36:50,039
Speaker 14: I'm sure chill have a good time.

702
00:36:50,679 --> 00:36:54,639
Speaker 18: He was like always the homie. Yeah, never really thought

703
00:36:54,639 --> 00:36:56,840
anything bad about him, thought you'd do anything. But like

704
00:36:57,199 --> 00:36:59,440
I always knew, like he always like to like be

705
00:36:59,599 --> 00:37:01,400
people up, but they like disrespect him or whatever.

706
00:37:02,079 --> 00:37:06,239
Speaker 3: But I didn't he like to fight, Yeah, but I didn't.

707
00:37:07,280 --> 00:37:09,079
I grew up and asked me, that's not that big

708
00:37:09,119 --> 00:37:09,519
of a deal.

709
00:37:10,440 --> 00:37:12,039
Speaker 18: But I didn't think he'd ever like pull a gun

710
00:37:12,079 --> 00:37:12,760
out and someone.

711
00:37:12,639 --> 00:37:15,639
Speaker 3: Like actually shoot them, And he never and he was

712
00:37:15,760 --> 00:37:17,400
never mad about anything.

713
00:37:18,519 --> 00:37:20,320
Speaker 18: Everyone was laughing, having a good.

714
00:37:20,199 --> 00:37:23,280
Speaker 3: Time, but he was just having a good time. Do

715
00:37:23,400 --> 00:37:24,639
you feel like he meant to do this?

716
00:37:25,400 --> 00:37:27,760
Speaker 18: I don't know, because I could think about it. He

717
00:37:27,800 --> 00:37:30,880
didn't see him mad or anything. But then why would

718
00:37:30,920 --> 00:37:32,280
he have his finger on the trigger.

719
00:37:32,079 --> 00:37:32,599
Speaker 3: Or just do that?

720
00:37:33,360 --> 00:37:34,679
Speaker 16: So I don't even know.

721
00:37:35,400 --> 00:37:37,639
Speaker 3: Did he ever? Do you ever know of him to

722
00:37:37,719 --> 00:37:39,880
pull guns out on somebody else, on other people?

723
00:37:40,159 --> 00:37:42,239
Speaker 18: I've heard about it, but I wasn't sure if he's true.

724
00:37:42,599 --> 00:37:44,320
Speaker 3: You've heard about it, but you've never seen it.

725
00:37:44,519 --> 00:37:45,360
Speaker 20: Yeah, was he?

726
00:37:45,639 --> 00:37:46,960
Speaker 3: Is he known to carry a gun?

727
00:37:48,840 --> 00:37:51,920
Speaker 18: I'm not sure about like all the time, but sometimes yeah.

728
00:37:52,079 --> 00:37:53,519
Speaker 3: Sometimes like what kind of gun?

729
00:37:54,280 --> 00:37:57,039
Speaker 18: Well, even before whenever, like everything happened when works on

730
00:37:57,119 --> 00:37:59,840
the car, he pulls out like media block. I don't

731
00:37:59,840 --> 00:38:03,679
know what it was like minihandgun black and then he

732
00:38:03,800 --> 00:38:05,599
also had I think a rifle in the car.

733
00:38:05,840 --> 00:38:09,599
Speaker 3: But and do you know does he hunt stuff like that?

734
00:38:10,079 --> 00:38:10,760
Speaker 18: I think he does?

735
00:38:11,079 --> 00:38:13,360
Speaker 3: Yeah, he does. He talk about that a lot.

736
00:38:13,559 --> 00:38:15,440
Speaker 8: Yeah, sometimes has.

737
00:38:15,320 --> 00:38:18,800
Speaker 19: He ever talked about hurting anybody else? Shooting anybody else?

738
00:38:19,519 --> 00:38:21,960
Speaker 18: I mean when you used to talk about beating people's boot,

739
00:38:22,119 --> 00:38:25,599
asked before, but other and then not like gun violence?

740
00:38:26,559 --> 00:38:29,599
Speaker 1: What fourteen year old needs to be carrying around a pistol?

741
00:38:30,480 --> 00:38:33,440
And why didn't anyone teach them the rule that every

742
00:38:33,639 --> 00:38:37,960
gun owner knows, and never point a gun at a

743
00:38:38,079 --> 00:38:42,320
target that you don't intend to shoot, you know.

744
00:38:42,400 --> 00:38:44,519
Speaker 21: And I'm really upset because he's a you know, I

745
00:38:44,599 --> 00:38:46,840
know him, you know, I know him and the wife

746
00:38:46,920 --> 00:38:50,480
and everything, and you know, I never knew that he

747
00:38:50,599 --> 00:38:51,840
was a guy, but you would think he would have

748
00:38:51,840 --> 00:38:53,639
known him better, being a guide in the huntry.

749
00:38:53,400 --> 00:38:54,719
Speaker 3: States and stuff.

750
00:38:54,840 --> 00:38:57,239
Speaker 19: Got several guns in that house. I'm sure you've seen

751
00:38:57,280 --> 00:38:58,480
a lot of guns in that line.

752
00:38:58,559 --> 00:39:04,199
Speaker 1: Yeah, they're just a patriotic, gun loving family.

753
00:39:04,440 --> 00:39:04,599
Speaker 9: Right.

754
00:39:05,559 --> 00:39:09,760
Speaker 1: But after the shot was fired and Amber collapsed, Porphyrio

755
00:39:09,880 --> 00:39:13,079
didn't run for help, He didn't call nine one one.

756
00:39:14,119 --> 00:39:18,360
He started cleaning up and staging the scene, and he

757
00:39:18,480 --> 00:39:19,519
just had her by her arms and no.

758
00:39:19,519 --> 00:39:23,079
Speaker 18: One was helping him, and he just started dragging her.

759
00:39:24,280 --> 00:39:26,039
Speaker 3: What do you mean he wanted you guys to help?

760
00:39:26,239 --> 00:39:27,119
Did he say something?

761
00:39:27,840 --> 00:39:30,559
Speaker 18: Whenever he first grabbed her under your arms, he was all,

762
00:39:30,679 --> 00:39:35,320
help me, help me. We just looked at him, you

763
00:39:35,360 --> 00:39:38,199
guess maybe still in shock or something, because no one

764
00:39:38,280 --> 00:39:38,719
helped him.

765
00:39:39,360 --> 00:39:43,840
Speaker 3: And then so he takes her to the porch or

766
00:39:43,920 --> 00:39:45,639
did he take her all the way to where she was?

767
00:39:46,159 --> 00:39:48,639
Speaker 18: He took her, he stopped her at the porch. That's

768
00:39:48,719 --> 00:39:51,880
whether there's some blood there, right, and then he drop

769
00:39:52,000 --> 00:39:52,599
her off with it.

770
00:39:54,360 --> 00:39:57,719
Speaker 19: And he got on the phone right away. And I

771
00:39:57,880 --> 00:40:00,280
know this is tough, but do you remember brought a

772
00:40:00,280 --> 00:40:03,840
lot of blood being in the house. You said he

773
00:40:03,960 --> 00:40:04,480
cleaned up.

774
00:40:05,199 --> 00:40:08,800
Speaker 18: I'm not sure how much, but it's probably a decent line.

775
00:40:10,039 --> 00:40:13,480
And you could tell that he cleaned because there was

776
00:40:13,519 --> 00:40:15,440
a mob bucket and there wasn't like there was like

777
00:40:15,599 --> 00:40:17,639
a little streak of blood next to the mob bucket.

778
00:40:18,320 --> 00:40:19,599
Speaker 2: But I could tell he.

779
00:40:19,639 --> 00:40:20,599
Speaker 14: Tried to hide some.

780
00:40:21,280 --> 00:40:23,840
Speaker 18: But one thing is whenever I did end up going

781
00:40:23,920 --> 00:40:26,599
back to talk, whenever they moved me from the cop car,

782
00:40:27,280 --> 00:40:29,199
it did seem like he changed his clothes.

783
00:40:29,840 --> 00:40:32,639
Speaker 19: Okay, So a second ago, you said you didn't know

784
00:40:32,719 --> 00:40:35,320
if he hit or did something with the guns.

785
00:40:35,559 --> 00:40:38,440
Speaker 3: Yeah, like multiple guys. Yeah, So what do you mean

786
00:40:38,519 --> 00:40:39,519
by multiple guys?

787
00:40:39,800 --> 00:40:42,639
Speaker 18: Because even at first, before everything happened, he even pulled

788
00:40:42,679 --> 00:40:45,920
out like an ak and it seemed like an ak

789
00:40:46,239 --> 00:40:49,079
it looked like it, and then some sort of other gun.

790
00:40:49,119 --> 00:40:50,599
I don't know my guns, but it was like about

791
00:40:52,840 --> 00:40:55,119
I would say, maybe about this, maybe a little bit bigger.

792
00:40:55,199 --> 00:40:59,320
It was camouflage and they were full rounds. Like the

793
00:40:59,400 --> 00:41:01,559
clip was fool but I don't know if there was

794
00:41:01,599 --> 00:41:03,199
one in the chamber. He ended up putting those ways

795
00:41:03,199 --> 00:41:06,199
and then that's when he pulls out the revolver.

796
00:41:06,679 --> 00:41:09,360
Speaker 3: Did he threaten you guys at all? Were you scared

797
00:41:09,400 --> 00:41:11,159
of him in that point?

798
00:41:11,159 --> 00:41:13,000
Speaker 18: In a moment, I didn't know what could happened, like

799
00:41:13,719 --> 00:41:16,559
he probably could have if he really.

800
00:41:16,440 --> 00:41:20,440
Speaker 1: Wanted to they That's the question, isn't it. Did he

801
00:41:20,559 --> 00:41:23,239
really want to hurt Amber or was he just a

802
00:41:23,440 --> 00:41:26,280
dumb kid trying to look cool in front of his friends.

803
00:41:27,360 --> 00:41:28,280
Here's Frankie again.

804
00:41:28,960 --> 00:41:30,440
Speaker 3: Do you know por carry a gun?

805
00:41:31,039 --> 00:41:31,159
Speaker 18: Uh?

806
00:41:31,679 --> 00:41:36,199
Speaker 3: Sometimes, I mean besides a rifle. Uh once in a while.

807
00:41:37,119 --> 00:41:38,840
Speaker 21: You know, it's coming out a lot that he's actually

808
00:41:38,920 --> 00:41:40,000
been pointing that gun.

809
00:41:39,880 --> 00:41:40,280
Speaker 6: In a lot of.

810
00:41:41,920 --> 00:41:45,199
Speaker 17: I'm curious about that as well. And you know, some

811
00:41:45,320 --> 00:41:47,480
other people said that only the kids knew. But last

812
00:41:47,519 --> 00:41:49,599
weekend at the farmer's market there, you know, there's a

813
00:41:49,599 --> 00:41:51,920
little program for the kids to live there, and I

814
00:41:51,960 --> 00:41:52,280
guess it.

815
00:41:52,360 --> 00:41:54,320
Speaker 21: Only went around the kids. But he had the gun

816
00:41:54,440 --> 00:41:56,840
in his being the whole time here at the farmer's market.

817
00:41:57,599 --> 00:41:59,480
But nobody knew except have you.

818
00:41:59,519 --> 00:42:01,239
Speaker 3: Seen him point a gun at somebody else?

819
00:42:02,159 --> 00:42:02,320
Speaker 29: Oh?

820
00:42:02,719 --> 00:42:06,679
Speaker 3: Are you sure? And be honest with you did I'm okay.

821
00:42:07,440 --> 00:42:10,679
Speaker 1: This is all starting to paint a clear picture. None

822
00:42:10,679 --> 00:42:12,920
of the adults knew it at the time, but Portfarrio

823
00:42:13,079 --> 00:42:16,679
had apparently brought a gun to work at the local

824
00:42:16,960 --> 00:42:20,119
farmers market. He'd been known to show off his guns,

825
00:42:20,719 --> 00:42:22,920
pull them out, and even point them at other kids.

826
00:42:23,880 --> 00:42:28,280
And now a girl was dead. The escalation couldn't have

827
00:42:28,360 --> 00:42:32,440
been more obvious to anyone that was paying attention, that is.

828
00:42:34,239 --> 00:42:37,400
Speaker 19: But as far as evidence, I feel very strong for

829
00:42:37,599 --> 00:42:41,679
our case. I can't tell you exactly what he'll be charged.

830
00:42:41,960 --> 00:42:44,960
I mean, I can tell you exactly what he's been charged.

831
00:42:45,039 --> 00:42:50,159
Ye's it's called an open counter murderer. That is a

832
00:42:51,039 --> 00:42:54,320
you know, that's kind of an all income of saying charge.

833
00:42:55,360 --> 00:42:58,840
Speaker 1: Now Porfarrio has to face the full weight of the law.

834
00:43:00,079 --> 00:43:02,679
Dad might see him as just a kid, but when

835
00:43:02,719 --> 00:43:06,719
you kill someone, the law doesn't always agree. Oh and

836
00:43:06,840 --> 00:43:10,039
the dead girl and the dead girl's family don't care

837
00:43:10,480 --> 00:43:13,559
how old he is. The word of the day on

838
00:43:13,679 --> 00:43:18,159
Swordain scale here is irrelevant. Say it with me eh

839
00:43:18,599 --> 00:43:24,559
re levant. William Brown was focused on his son's legal battle.

840
00:43:25,480 --> 00:43:28,599
What he didn't know was that he was about to

841
00:43:28,639 --> 00:43:32,239
become the first person charged under the new state statute.

842
00:43:33,119 --> 00:43:34,960
By the end of the day, both father and son

843
00:43:35,039 --> 00:43:39,360
would be in handcuffs. The law is called Benny's Law,

844
00:43:39,440 --> 00:43:42,079
and it took effect in June of twenty twenty three,

845
00:43:42,960 --> 00:43:44,880
less than a month before Amber's murder.

846
00:43:45,440 --> 00:43:48,599
Speaker 12: It's been nearly two years since tragedy hit Washington Middle

847
00:43:48,639 --> 00:43:52,119
School in Albuquerque and just rippled throughout our community. Which

848
00:43:52,119 --> 00:43:56,199
should have been a harmless schoolyard argument turned deadly when

849
00:43:56,239 --> 00:43:58,639
thirteen year old Benny Hargrove was shot and killed by

850
00:43:58,679 --> 00:44:02,039
a classmate. To say Benny was just standing up to

851
00:44:02,119 --> 00:44:04,559
a bully, and police say that team was able to

852
00:44:04,599 --> 00:44:06,880
bring the gun to school because it wasn't stored properly

853
00:44:06,920 --> 00:44:07,280
at home.

854
00:44:07,480 --> 00:44:10,480
Speaker 24: This year's state lawmakers passed the Benny Hargrove Bill in

855
00:44:10,599 --> 00:44:13,840
an effort to prevent another similar tragedy, and today that

856
00:44:14,039 --> 00:44:16,599
new law officially is going into effect.

857
00:44:16,920 --> 00:44:20,840
Speaker 26: Democratic Representative Pamela Herndon spearheaded this bill as one of

858
00:44:20,880 --> 00:44:21,480
the sponsors.

859
00:44:21,639 --> 00:44:24,039
Speaker 20: What we are expecting as a result of Benny Hardgrove

860
00:44:24,119 --> 00:44:28,880
Bill going into place is that parents are adults who

861
00:44:29,000 --> 00:44:33,880
have responsibility for firearms, will absolutely restore those, will store

862
00:44:33,960 --> 00:44:38,239
them safely so that children miners do not have access

863
00:44:38,320 --> 00:44:38,920
to them at all.

864
00:44:39,239 --> 00:44:41,880
Speaker 26: House Bill nine acts as a gun safety bill. If

865
00:44:41,920 --> 00:44:43,840
a kid gets a hold of their parent or guardian's

866
00:44:43,880 --> 00:44:46,760
gun and commits a crime, that caretaker can be charged

867
00:44:46,800 --> 00:44:47,559
with a misdemeanor.

868
00:44:47,719 --> 00:44:52,679
Speaker 20: The purpose was not necessarily to punish adults, but the

869
00:44:52,880 --> 00:44:55,440
purpose was to make sure that they are thinking about

870
00:44:55,480 --> 00:44:56,079
what they're doing.

871
00:44:56,760 --> 00:45:00,400
Speaker 1: Gun fanatics, and by gun fanatics, I mean those nutty

872
00:45:00,440 --> 00:45:03,760
democrats that want to take away everyone's constitutional right to

873
00:45:04,000 --> 00:45:09,000
self defense will never admit that conservative gun right activists

874
00:45:09,639 --> 00:45:13,880
are more critical on gun safety than anyone else. If

875
00:45:13,960 --> 00:45:17,400
you have a kid, especially a teenage boy, and you're

876
00:45:17,440 --> 00:45:21,239
not locking up your guns properly, then you deserve everything

877
00:45:21,280 --> 00:45:25,440
that's coming to you. Unless William had his eyes glued

878
00:45:25,519 --> 00:45:29,360
to the news, he probably had no idea that unsecured

879
00:45:29,400 --> 00:45:32,960
firearms could now land him in jail. You see, he

880
00:45:33,960 --> 00:45:36,679
wasn't paying attention. But whether he knew it or not,

881
00:45:36,920 --> 00:45:41,119
William Brown had just become a test case. And the

882
00:45:41,239 --> 00:45:46,440
thing is the guns were all over his house, big

883
00:45:46,599 --> 00:45:48,559
mucho Gundy, and that one.

884
00:45:49,159 --> 00:45:51,079
Speaker 3: There's probably like seven or eight, and that one two

885
00:45:51,159 --> 00:45:52,760
hires me to send or good.

886
00:45:54,440 --> 00:45:56,320
Speaker 2: We're good with this, all right?

887
00:45:57,480 --> 00:46:00,239
Speaker 3: So I have here a return of inventory. All have

888
00:46:00,360 --> 00:46:00,760
you signed?

889
00:46:03,280 --> 00:46:05,840
Speaker 2: We have secured a bunch of firearms.

890
00:46:05,920 --> 00:46:08,800
Speaker 19: Okay, we didn't take any firearms, but we secured a

891
00:46:08,840 --> 00:46:12,920
bunch of firearms because there was a blunch just laying around.

892
00:46:13,679 --> 00:46:16,760
Speaker 3: And with that new law in place, they can't just

893
00:46:16,840 --> 00:46:19,920
be like I guess, unsecured.

894
00:46:20,239 --> 00:46:25,320
Speaker 1: Loaded, unlocked and accessible. As you just heard, there weren't

895
00:46:25,840 --> 00:46:29,880
just one or two guns is lying around. Deputies found

896
00:46:29,880 --> 00:46:34,280
at least seven firearms in a single bedroom. When they

897
00:46:34,360 --> 00:46:38,440
locate William Brown to explain the situation, he stands stiff,

898
00:46:38,960 --> 00:46:42,440
his arms crossed, wearing the blank defiance there of a

899
00:46:42,559 --> 00:46:47,079
toddler who knows they're in trouble but doesn't think it's fair.

900
00:46:47,760 --> 00:46:48,480
Speaker 3: So here's the thing.

901
00:46:49,880 --> 00:46:52,239
Speaker 19: I need you to understand that we're just we're doing

902
00:46:52,280 --> 00:46:54,480
our jobs. We're going to do our jobs best for

903
00:46:54,519 --> 00:46:59,400
our billy. I've got information about what all took place.

904
00:47:00,079 --> 00:47:03,840
And as far as a black suv, it's not that's

905
00:47:04,039 --> 00:47:07,280
that's not kind of have Okay does that make sense

906
00:47:08,519 --> 00:47:10,159
if you're saying I don't, I can't tell you that

907
00:47:10,280 --> 00:47:10,559
was that one?

908
00:47:11,199 --> 00:47:12,079
Speaker 3: Okay? And I get that.

909
00:47:12,800 --> 00:47:17,599
Speaker 19: But another thing that you need to understand is there's

910
00:47:17,599 --> 00:47:20,000
a lot of guns in that house, right and none

911
00:47:20,000 --> 00:47:20,840
of them are secured.

912
00:47:23,559 --> 00:47:25,000
Speaker 3: I have a few that are out. You have a

913
00:47:25,079 --> 00:47:27,719
few that are out. Okay. With that? With that right there,

914
00:47:28,559 --> 00:47:29,960
you put your on your back.

915
00:47:31,360 --> 00:47:31,880
Speaker 2: I don't think.

916
00:47:35,039 --> 00:47:37,800
Speaker 14: Point one is it maybe didn't making the farmum accessible

917
00:47:37,880 --> 00:47:38,440
to a minor.

918
00:47:39,039 --> 00:47:42,000
Speaker 2: Uh there's something gay ball hamor dead.

919
00:47:42,599 --> 00:47:43,800
Speaker 3: So this is no degree.

920
00:47:44,519 --> 00:47:49,480
Speaker 2: Yes, so there it was min that's that we have

921
00:47:49,679 --> 00:47:54,679
enough polls suit to uh actually a real under that

922
00:47:54,800 --> 00:47:56,440
stuff that it was?

923
00:47:56,480 --> 00:47:58,320
Speaker 30: It was it was only guns.

924
00:47:59,119 --> 00:48:01,440
Speaker 1: The bottom line is that it was normal for the

925
00:48:01,719 --> 00:48:05,920
Brown family to give their kids unfettered and unsupervised access

926
00:48:06,000 --> 00:48:12,000
to deadly weapons. It was your firearm. That line hits hard.

927
00:48:12,199 --> 00:48:15,639
But was William thinking about the girl his son killed

928
00:48:16,440 --> 00:48:19,199
or was he already thinking about how to protect himself

929
00:48:20,000 --> 00:48:23,880
and his son porphyria before the ink could dry on

930
00:48:24,000 --> 00:48:28,239
his charging documents, William started spinning his own version of

931
00:48:28,320 --> 00:48:32,719
events when where he was the victim, not the dead

932
00:48:32,760 --> 00:48:37,639
girl him. Within minutes of his arrest, the whole group

933
00:48:37,880 --> 00:48:41,599
was on speakerphone with his employer at the Taos County jail.

934
00:48:42,519 --> 00:48:45,199
Speaker 22: Hey, I don't know what you call Danny and see

935
00:48:45,239 --> 00:48:47,920
either arresting me because there was a shooting at my

936
00:48:47,960 --> 00:48:52,199
house and they're saying, maybe, yeah, for negligent of a

937
00:48:52,320 --> 00:48:57,039
the load of firearm unsecured. Oh, I don't know the

938
00:48:57,079 --> 00:48:59,079
state police, I mean coffs already so that he's holding

939
00:48:59,119 --> 00:49:02,679
the phone now and I'm just calling you to They said,

940
00:49:02,679 --> 00:49:04,039
maybe if I see a judge, So if you can

941
00:49:04,079 --> 00:49:05,760
call the judges, maybe I can get out tonight.

942
00:49:06,800 --> 00:49:11,480
Speaker 3: Okay. So it's like he like.

943
00:49:11,599 --> 00:49:14,880
Speaker 19: He explained that he had a weapon that was not secure,

944
00:49:15,639 --> 00:49:20,119
his son had access to that weapon, and a fourteen

945
00:49:20,199 --> 00:49:21,519
year old girl was shot and killed.

946
00:49:22,840 --> 00:49:23,000
Speaker 3: Yea.

947
00:49:27,239 --> 00:49:33,079
Speaker 1: The while he waited for his first court appearance, something

948
00:49:33,159 --> 00:49:36,639
must have gotten lost in communication because Tass County had

949
00:49:36,639 --> 00:49:39,719
placed him on leave, but he showed up to work anyway.

950
00:49:40,440 --> 00:49:42,280
During the time he was there, he had a lot

951
00:49:42,360 --> 00:49:43,840
to say about his case.

952
00:49:44,480 --> 00:49:47,599
Speaker 30: We were still getting a letter. I was trying to

953
00:49:47,639 --> 00:49:51,320
find a way to put him on administratively without pay,

954
00:49:52,079 --> 00:49:55,119
and I don't want him to say out there, we're

955
00:49:55,199 --> 00:50:01,760
doing in our own internal investigation for policy violations, procuring

956
00:50:01,920 --> 00:50:05,280
Universal to do the investigation. I don't know who's been

957
00:50:05,360 --> 00:50:07,840
assigned yet, but we're gonna look at our own policy

958
00:50:08,280 --> 00:50:13,119
right violations, and I'm gonna outside of what you guys

959
00:50:13,159 --> 00:50:18,400
are doing. And then the other thing that just struck me,

960
00:50:18,480 --> 00:50:21,239
and so I just told Jason is we may have

961
00:50:21,519 --> 00:50:24,639
you may have to interview the shift this morning because

962
00:50:24,639 --> 00:50:26,519
I don't know what was relayed to the other folks

963
00:50:26,599 --> 00:50:29,840
in duty because of the miscommunication he had study. He

964
00:50:29,960 --> 00:50:32,840
showed up to work this morning and then they pulled

965
00:50:32,920 --> 00:50:34,440
him aside and had him.

966
00:50:34,360 --> 00:50:35,239
Speaker 25: Sit in the office.

967
00:50:36,039 --> 00:50:40,320
Speaker 30: When Jason handed him the letter that he was on

968
00:50:40,599 --> 00:50:43,599
paid administrative leave is when he mentioned, anyways, I'm gonna

969
00:50:43,599 --> 00:50:46,320
be I'm gonna be back to work next week because

970
00:50:46,360 --> 00:50:48,960
there's no gun. They're gonna drop all the charges and

971
00:50:49,000 --> 00:50:52,480
I'll be back to work. And then when HR conveyed

972
00:50:52,519 --> 00:50:54,239
to him, hey, this isn't a bount your case, this

973
00:50:54,360 --> 00:50:59,920
is about policy infractions, he was like, oh, and but yeah,

974
00:51:00,000 --> 00:51:03,480
I was thinking about it now. He disclosed the NRA's

975
00:51:03,519 --> 00:51:06,639
going to pay for his legal defense, and he's not

976
00:51:06,760 --> 00:51:10,719
worried about it. And I thought to me, you need

977
00:51:10,800 --> 00:51:17,199
a bunch of cards close And it's just these little things.

978
00:51:17,239 --> 00:51:20,719
I know they're not linkedy conversations, but it's just I

979
00:51:20,840 --> 00:51:24,360
just thought it's interesting, just interesting.

980
00:51:24,559 --> 00:51:25,119
Speaker 3: Yeah, Okay.

981
00:51:25,920 --> 00:51:29,760
Speaker 1: William didn't seem to be worried at all. He was convinced,

982
00:51:29,840 --> 00:51:33,400
for some reason, that they'd never find the gun, that

983
00:51:33,559 --> 00:51:36,679
the NRA would put the bill for his defense, and

984
00:51:36,800 --> 00:51:40,800
that he'd be free of this whole inconvenient ordeal sooner

985
00:51:40,960 --> 00:51:44,559
rather than later. William Brown would be the first person

986
00:51:44,719 --> 00:51:48,840
in New Mexico tried under Benny's law. This added a

987
00:51:49,000 --> 00:51:53,159
political layer to the case. Even so, he was sure

988
00:51:53,199 --> 00:51:53,840
he'd walk.

989
00:51:54,280 --> 00:51:57,360
Speaker 3: That it's not about a firearm. It's not about any firearm.

990
00:51:57,440 --> 00:51:58,079
It's about the.

991
00:51:58,320 --> 00:52:01,800
Speaker 19: Firearm used in the killing of Miss Amberatch Schiletta.

992
00:52:02,280 --> 00:52:05,400
Speaker 23: Brown testified in his own defense today, claiming none of

993
00:52:05,480 --> 00:52:08,840
his guns were missing after the deadly shooting. Prosecutors tried

994
00:52:08,880 --> 00:52:11,440
to poke holes in Brown's testimony by showing him a

995
00:52:11,480 --> 00:52:13,760
picture of a gun that was in his home that

996
00:52:13,880 --> 00:52:18,400
he didn't testify about. They reiterated investigators found unsecured guns

997
00:52:18,440 --> 00:52:19,199
around his home.

998
00:52:20,159 --> 00:52:23,000
Speaker 29: What do we know, Well, we do know that we

999
00:52:23,079 --> 00:52:25,639
had a house. It was the Brown Residence, owned by

1000
00:52:25,679 --> 00:52:30,760
the Browns, and that the guns in there belonged to

1001
00:52:30,840 --> 00:52:37,920
mister Brown. So we've got photos of the house and

1002
00:52:38,119 --> 00:52:41,079
of the weapons and how they were secured.

1003
00:52:42,159 --> 00:52:45,000
Speaker 23: Jurors took just two hours to deliberate the first of

1004
00:52:45,079 --> 00:52:45,880
its kind case.

1005
00:52:46,239 --> 00:52:49,639
Speaker 13: We the jury find the defendant, William Brown, not guilty

1006
00:52:49,719 --> 00:52:53,360
of negatine making a fire accessible to a minor, has

1007
00:52:53,519 --> 00:52:56,440
charged in count one of the gun jury indictment or

1008
00:52:56,559 --> 00:52:57,480
criminal information.

1009
00:52:58,559 --> 00:53:02,000
Speaker 1: William walked out of the court a free man. A

1010
00:53:02,079 --> 00:53:05,679
real travesty of justice if you ask me, But sometimes

1011
00:53:05,800 --> 00:53:08,719
Jerry's are full of idiots. So it was earth so

1012
00:53:09,400 --> 00:53:12,719
it tracks. Had he been found guilty, he would have

1013
00:53:12,760 --> 00:53:16,239
been facing up to eighteen months in prison, which still

1014
00:53:16,320 --> 00:53:18,039
seems to me a bit of a walk in the

1015
00:53:18,119 --> 00:53:22,480
park for something so serious. For Amber Archiletta's family, it

1016
00:53:22,559 --> 00:53:26,000
felt like a second blow. The man who owned the gun,

1017
00:53:26,719 --> 00:53:29,119
who should have known better than to leave it available

1018
00:53:29,199 --> 00:53:34,960
for his teenager to use to flash around and brag about,

1019
00:53:35,840 --> 00:53:40,440
had walked away a free man. But William wasn't the

1020
00:53:40,519 --> 00:53:45,880
only one. They wanted held accountable. William's son. Porfirio, the

1021
00:53:46,000 --> 00:53:50,599
boy who pulled the trigger, was still facing murder charges.

1022
00:53:51,239 --> 00:53:52,360
Speaker 18: But I know that.

1023
00:53:52,440 --> 00:53:57,039
Speaker 19: Die's office is going to try and have him charged

1024
00:53:57,079 --> 00:54:00,440
as an adult. I would mope that that's like, there's

1025
00:54:00,519 --> 00:54:05,559
no guarantee. I understand that what I would choose.

1026
00:54:05,880 --> 00:54:09,079
Speaker 17: Charges just for the fact that he absolutely he tried

1027
00:54:09,119 --> 00:54:11,119
covering it up, and he drugged around and threw off

1028
00:54:11,159 --> 00:54:12,159
that porch like the donk.

1029
00:54:12,480 --> 00:54:16,239
Speaker 3: Absolutely, so I definitely want him to be punished to

1030
00:54:16,280 --> 00:54:18,719
the police, and I'm doing everything I can.

1031
00:54:19,079 --> 00:54:21,559
Speaker 21: At first, I was on the fins about it because

1032
00:54:21,960 --> 00:54:24,480
they were branded, you know that she was there because suggested.

1033
00:54:26,400 --> 00:54:28,880
But after him, what I seen her, you know, in

1034
00:54:28,960 --> 00:54:32,000
the condition I want him is to you know, to

1035
00:54:32,079 --> 00:54:32,920
the fullist extent.

1036
00:54:33,599 --> 00:54:37,239
Speaker 1: Porfarrio's first trial began in February of twenty twenty four,

1037
00:54:37,960 --> 00:54:40,960
just a few months before his father's not guilty verdict.

1038
00:54:42,000 --> 00:54:45,760
Porfarrio was fifteen by this point and was charged as

1039
00:54:45,800 --> 00:54:51,000
a youthful offender. It sounds counterintuitive, but this meant that

1040
00:54:51,199 --> 00:54:55,719
he could be tried and sentenced as an adult. At trial,

1041
00:54:56,000 --> 00:54:59,840
he faced charges of second degree murder, tampering with evidence,

1042
00:55:00,480 --> 00:55:04,000
attempted assault of a peace officer Porphyrio Brown.

1043
00:55:04,159 --> 00:55:06,719
Speaker 24: He went on trial for second degree murder last week,

1044
00:55:06,960 --> 00:55:09,800
but jurors couldn't make a unanimous decision.

1045
00:55:10,000 --> 00:55:12,119
Speaker 31: I think there was a lot of emotion from myself

1046
00:55:12,239 --> 00:55:14,639
my client. It's just you put in so much effort

1047
00:55:15,000 --> 00:55:18,000
for these trials. You really believe in your defense. When

1048
00:55:18,000 --> 00:55:20,239
a jerry can't come to a conclusion can feel a

1049
00:55:20,239 --> 00:55:21,599
little invalidating.

1050
00:55:21,079 --> 00:55:24,679
Speaker 24: Almost, Bunker says. The jury had questions about several pieces

1051
00:55:24,719 --> 00:55:27,639
of evidence. First, the initial nine to one one call.

1052
00:55:27,760 --> 00:55:30,159
Speaker 31: If the story has been that my kid wanted to

1053
00:55:30,840 --> 00:55:33,239
create this drive by story, but if you listen to

1054
00:55:33,280 --> 00:55:35,280
the evidence on the nine to one one call, it's

1055
00:55:35,320 --> 00:55:37,639
actually the brother who first tells nine to one one

1056
00:55:37,719 --> 00:55:39,199
that his sister was shot in a drive by.

1057
00:55:39,960 --> 00:55:43,599
Speaker 1: We'll let you decide the likelihood of Frankie coming up

1058
00:55:43,639 --> 00:55:46,599
with a story on his own versus the story coming

1059
00:55:46,639 --> 00:55:49,760
from Porphyria, who didn't even think to call nine one

1060
00:55:49,800 --> 00:55:53,199
one and was instead busy cleaning up what he had done.

1061
00:55:53,639 --> 00:55:56,800
Speaker 24: Bunker says. Jurors also asked about a hug between the

1062
00:55:56,880 --> 00:55:58,280
brother and Brown on.

1063
00:55:58,360 --> 00:56:01,280
Speaker 31: Body camera while the girl is laying there dying. The

1064
00:56:01,360 --> 00:56:03,559
brother actually comes up to my client and gives my

1065
00:56:03,639 --> 00:56:06,079
client a huge hug, and so to me, that was

1066
00:56:06,199 --> 00:56:08,920
very inconsistent, because why are you hugging my client if

1067
00:56:08,920 --> 00:56:09,760
you just shot your sister.

1068
00:56:10,039 --> 00:56:12,920
Speaker 24: Blood on the brother's arms also came into question.

1069
00:56:13,320 --> 00:56:15,480
Speaker 31: He has perfect circular spots of blood on his arm,

1070
00:56:15,559 --> 00:56:17,559
He's got blood on the back of his elbow, he

1071
00:56:17,639 --> 00:56:19,360
has a watch on, and then.

1072
00:56:19,440 --> 00:56:20,119
Speaker 20: He goes home.

1073
00:56:20,320 --> 00:56:23,039
Speaker 31: So he and the other juvenile witness they leave the

1074
00:56:23,119 --> 00:56:26,239
scene and they're together at another location for over an hour.

1075
00:56:26,400 --> 00:56:30,599
Speaker 24: Eight jurors found Brown not guilty. Four thought he was guilty,

1076
00:56:30,760 --> 00:56:33,519
but Bunker says they all agreed on one thing.

1077
00:56:33,800 --> 00:56:36,079
Speaker 31: Even the four that thought he was guilty said that

1078
00:56:36,119 --> 00:56:38,599
they thought this was an accident, and so what they're

1079
00:56:38,599 --> 00:56:41,360
trying to charge him with is intentional murder. And all

1080
00:56:41,440 --> 00:56:44,320
the jurors unanimously agreed. But whoever the shooter was, this

1081
00:56:44,440 --> 00:56:44,960
was an accident.

1082
00:56:45,119 --> 00:56:49,119
Speaker 24: District Attorney Marcus Montoya says it's likely his office will

1083
00:56:49,239 --> 00:56:50,239
retry the case.

1084
00:56:50,559 --> 00:56:51,719
Speaker 18: Guns and gun.

1085
00:56:51,679 --> 00:56:54,280
Speaker 29: Violence and going to control are very serious issues, and

1086
00:56:55,760 --> 00:56:59,719
this was unnecessary and very traumatic loss of a young life.

1087
00:57:01,039 --> 00:57:02,480
Speaker 20: We can ever see that often.

1088
00:57:02,280 --> 00:57:03,159
Speaker 6: And upper loud enough.

1089
00:57:03,440 --> 00:57:06,880
Speaker 24: Montoya might also have a personnel issue to address connected

1090
00:57:06,920 --> 00:57:10,440
to the case. Bunker says, the lead prosecutor wasn't there

1091
00:57:10,559 --> 00:57:11,639
for closing arguments.

1092
00:57:11,840 --> 00:57:13,559
Speaker 31: We were told she went to the hospital at the

1093
00:57:13,639 --> 00:57:16,320
judge indicated he may have smelled alcohol on her breath.

1094
00:57:17,000 --> 00:57:19,440
So I'm entirely sure what happened there.

1095
00:57:19,559 --> 00:57:21,039
Speaker 12: There may be rumors about.

1096
00:57:20,840 --> 00:57:25,280
Speaker 29: That, nothing certainly that I can verify, And even if

1097
00:57:25,960 --> 00:57:28,679
you know, we conducted an investigation to find that anything

1098
00:57:28,800 --> 00:57:31,119
like that was a potentiality.

1099
00:57:31,719 --> 00:57:34,519
Speaker 3: That would be an internal and personal issue for me.

1100
00:57:34,559 --> 00:57:34,920
Speaker 2: To deal with.

1101
00:57:35,679 --> 00:57:39,360
Speaker 1: Bunker, what an unfortunate name. Then again, who am I

1102
00:57:39,440 --> 00:57:44,880
to judge? Bide anyway? Rather than face a second trial,

1103
00:57:45,039 --> 00:57:48,679
Porfario accepted a plea deal in August of twenty twenty four.

1104
00:57:49,480 --> 00:57:53,119
He pleaded guilty to one single count of tampering with evidence.

1105
00:57:54,000 --> 00:57:57,239
In exchange for accepting the deal, the remaining charges, including

1106
00:57:57,280 --> 00:58:01,480
second degree murder, were dropped. He was expected to serve

1107
00:58:01,639 --> 00:58:05,880
a year of probation, and by the time this episode airs,

1108
00:58:05,920 --> 00:58:10,920
his punishment will be over, his victim will still be dead.

1109
00:58:11,880 --> 00:58:12,559
Speaker 3: In the end, the.

1110
00:58:12,599 --> 00:58:20,119
Speaker 1: Courtroom decisions can't change what happened. Amber Archiletta is gone forever.

1111
00:58:20,840 --> 00:58:23,440
Speaker 28: She was outgoing. She had no fear. If there was

1112
00:58:23,480 --> 00:58:26,039
a hill, she'd climate. You know, her and her brother,

1113
00:58:26,719 --> 00:58:28,639
you know, riding their bike. She was the one popping

1114
00:58:28,719 --> 00:58:32,519
the hilies and ramping and stuff like that. I just

1115
00:58:32,599 --> 00:58:34,519
want him to remember her for the sweet little thing

1116
00:58:34,599 --> 00:58:37,920
that she was. You know, Like I say, she touched

1117
00:58:37,960 --> 00:58:40,199
a lot of people, and I just want them to

1118
00:58:40,280 --> 00:58:41,679
have those good memories of them.

1119
00:58:42,360 --> 00:58:45,840
Speaker 1: Amber took her last breaths in the dry New Mexico

1120
00:58:45,960 --> 00:58:51,199
dirt that afternoon. She was only thirteen years old, full

1121
00:58:51,239 --> 00:58:55,480
of creativity, making her way through adolescence, and surrounded by

1122
00:58:55,599 --> 00:58:58,679
kids who were supposed to be her friends. This story

1123
00:58:58,760 --> 00:59:01,679
isn't about a teenager making a horrible mistake. It's about

1124
00:59:01,840 --> 00:59:05,840
the environment that allowed it to happen. Adults who never

1125
00:59:05,920 --> 00:59:09,679
want to take accountability and leave weapons out within reach,

1126
00:59:10,960 --> 00:59:15,320
laws that arrive too late, and the culture that trusts

1127
00:59:15,440 --> 00:59:20,599
children around firearms more than the car keys or voting ballots. Oh,

1128
00:59:20,679 --> 00:59:25,760
and also really fucking dumb jurys, because who the hell

1129
00:59:25,840 --> 00:59:27,960
wants to get out of work to go do that shit,

1130
00:59:28,840 --> 00:59:31,760
especially if you have a good job and like it.

1131
00:59:32,760 --> 00:59:33,280
Imagine that.

1132
00:59:34,159 --> 00:59:38,320
Speaker 19: Well, we're all taught in rural areas like this gun safety,

1133
00:59:38,400 --> 00:59:42,679
yet we all know gun safety, yeah, and that's part

1134
00:59:42,719 --> 00:59:45,559
of our you know, that's how we brought h.

1135
00:59:46,519 --> 00:59:49,639
Speaker 3: I grew up in Espanola and Himita, and it was

1136
00:59:49,719 --> 00:59:50,280
no different.

1137
00:59:51,599 --> 00:59:51,760
Speaker 16: You know.

1138
00:59:52,119 --> 00:59:55,639
Speaker 3: I knew how to handle a gun from an early.

1139
00:59:55,480 --> 00:59:57,760
Speaker 19: Age, and I knew that you don't point a gun

1140
00:59:57,840 --> 00:59:59,800
at something that you're not willing to shoot exactly.

1141
01:00:00,480 --> 01:00:04,480
Speaker 1: But knowing the rules doesn't mean everyone follows them. You see,

1142
01:00:05,119 --> 01:00:09,400
being an adult, not to mention, being a parent, requires

1143
01:00:09,440 --> 01:00:11,880
that you get off your ass and actually do things

1144
01:00:11,920 --> 01:00:15,719
that are inconvenient from time to time, like, oh, I

1145
01:00:15,760 --> 01:00:20,559
don't know, getting a gun safe, actually using it, and

1146
01:00:20,679 --> 01:00:24,880
actually teaching your dumb kids about gun safety and about

1147
01:00:24,960 --> 01:00:29,480
what not to do with a deadly weapon. But who

1148
01:00:29,639 --> 01:00:34,039
has the time when you're busy yelling at the Walmart

1149
01:00:34,119 --> 01:00:37,559
manager and asking repeatedly why the Roota Bakus aren't on sale?

1150
01:00:38,440 --> 01:00:40,360
They were last week, so why aren't they this week?

1151
01:00:41,360 --> 01:00:44,320
Are you starting to see how that works?

1152
01:01:09,119 --> 01:01:09,280
Speaker 28: Well?

1153
01:01:09,320 --> 01:01:11,199
Speaker 1: That does it? For another episode of what the fuck

1154
01:01:11,280 --> 01:01:13,639
is that guy's problem? Anyway? Or as I like to

1155
01:01:13,679 --> 01:01:17,280
call it, Sword and Scale. Thanks for joining us. If

1156
01:01:17,320 --> 01:01:19,719
you like the show, you can get a video version

1157
01:01:19,760 --> 01:01:22,320
of it. We call it Sword and Scale Television or

1158
01:01:22,440 --> 01:01:27,400
just Sword and Scale really, but it's available twenty episodes

1159
01:01:27,440 --> 01:01:30,000
of it right now at Swordscale dot com. You can

1160
01:01:30,039 --> 01:01:33,119
get it on Tier two or Tier three of our

1161
01:01:33,199 --> 01:01:37,000
Plus subscription platform. It's a great way to support the show.

1162
01:01:37,559 --> 01:01:39,239
Another great way to support the show is to buy

1163
01:01:39,239 --> 01:01:42,360
a T shirt or a baseball cap, or a pair

1164
01:01:42,440 --> 01:01:45,119
of boxer shorts or a pair of socks from our

1165
01:01:45,239 --> 01:01:48,880
store at store dot Sword and Scale dot com. But

1166
01:01:49,079 --> 01:01:52,000
before I forget, before I forget, this is news you

1167
01:01:52,079 --> 01:01:54,199
want to hear. This is good news. First of all,

1168
01:01:54,519 --> 01:01:56,639
we're gonna be gone for a little bit, but then

1169
01:01:56,679 --> 01:01:59,280
we're gonna be back, and then next year we're gonna

1170
01:01:59,320 --> 01:02:02,599
have season three of something we like to call Sword

1171
01:02:02,679 --> 01:02:05,119
and Scale Nightmares.

1172
01:03:24,280 --> 01:03:42,079
Speaker 16: Factionation sending