So, my partner told me that you want to give a statement for everything. Okay. So, they're they have him over there. I just need to get a detailed statement from you. Are you hurt at all? Did he did he anything? >> Oh, he broke my PlayStation and stuff. I don't know if he like he he said he I'm sorry. I feel sick to my stomach overall. >> Can you just tell me what happened at the house? Like where is Libby? Like can you tell me where his daughter is? If she's okay. >> The They're all They're all taking care of that right now. They're like >> talking with him, all that stuff. >> Is he going to jail? >> Well, you're the one who wants to pursue charges, correct? You were there while this is all happening. But did you find the gun? >> We haven't gone inside yet. No. This what we have to we have to acquire all the paperwork for that. >> Sir, if I do this, I fear for my life. I can't I can't. >> Well, that's what that's what our order protections are for. >> That does nothing. Your order protection does not keep me safe. I'm so sorry, but it doesn't. My dad had one and she still was able to come here. >> Okay. Your restraining orders don't keep me safe. >> Keep my bed safe. >> Weren't you just speaking with my the female deputy [snorts] >> on the phone? >> You spoke with her like a half hour ago, >> right? And she said that she wanted to provide a statement so that way we could go through all of our our stages. >> She said that she was going to send an officer down to get my statement. She I'd never said that I would I wanted to provide one, but my thing is is I don't feel safe either way, >> whether I do or don't. >> So, what do you recall? What do you recall happened? So, you got to the residence >> that video from when he showed up to when I called his mom >> with the gun. I don't know if I have that part on video. I had my flashlight out, but I don't know if I was recording. I don't know. >> So, what time were you at the residence? >> Well, this was at 2:08. He called me and told me to get all my stuff and get out. So, I started recording. >> That's what he said. Yep. That's what he also said. He said that he came home and said told you to get all your [ __ ] out is what he said to us. >> So I did I did what he asked. I was being cordial about it because we just went through this >> a few weeks ago and I told him that if he didn't stop that I was going to leave. >> Okay. >> And then he just continued tonight. He took off of my car from 11 to 100 a.m. till someone could get a hold of him. We had no idea where he was or what he was doing in my vehicle that's registered to me insured to me. And he told me he'd be back at 11:30. >> What's he saying happened? >> He's saying that there was never a gun. Never shot at anybody. Never shot a gun in the air. He came back home from fishing because he was upset because he got news that he had to turn over his son. Then he got into a ver verbal argument with you. Told you to get your stuff out. And then you called the cops on him and said that he had a gun and shot it. >> What's Dawn saying? >> Don won't speak to us right now. She said that she was there for a second and then left. That's that's the most I've heard from her. >> I don't know what to do. Officer, please help me. I can't I can't make that decision for you. >> I can't tell. I can't >> do. So if I don't >> in order for us to do anything, we have to secure a statement with your portion of the story so we can further continue our investigation. And if you're you're the victim in a domestic violent situation >> and I don't feel safe either way. >> And in order for us to effect [snorts] an arrest in any any portion of this, your cooperation is what allows us to continue investigating and doing other things. And I know I know you I've been here before with your dad and your mom. I know you don't I know you don't have the greatest trust in like the system and stuff like that with like orders and all that stuff, but uh unfortunately that's the way New York State runs. It's not really on us. I mean, we do everything we can to separate parties, keep them separated, and then put further protections in place. So if something happens, people go away for longer periods of time. And if he's a felon and he has a gun, I mean, I would I would sure hope New York State doesn't just let him walk out the door tomorrow morning. >> But that's New York State. >> I like I said, I don't I don't know. I'm not the judge who's going to hold all the bearing on all that. Dude, >> can I go talk to my dad real quick? >> Yeah, I'm just going to I'm going to call my partner. Okay. So, like if you need a second to collect yourself, that's okay. I'll be right here. All right. >> All right. I'm not going to leave. So, you you're Okay. if you I haven't spoke to him yet, but one of our investigators just came on because of all this. So, if you'd rather speak to one of them to like show that we're taking you more seriously, I I want to be able to offer that to you. uh in his part of all this, he would be coming in to help us get inside the house so we can collect the gun if there is one like you said. But that that relies on you also cooperating and providing a statement which >> his his mom can guarantee my safety if I don't say anything. >> His mom can keep him from coming after me if I don't say anything. >> So I can't say anything. I'm sorry. I can't. >> All right. Give me one second. Let me talk to my partner. Right. Yeah. >> So, I'm just I'm a little confused. You're Who Who's his mother? >> John. >> What's her last name? >> Smith. >> Where does she live? >> Right down the road on Baker Road. Right across from the Menite. >> Okay. She lives right down the road across from the Menanite school. Okay. And she was the one you were just on the phone with texting. And what was she saying? She can promise me that he won't come after me if I don't say anything. I don't write a statement. So I can't I can't write a statement. It's all right. He has he takes care of them very well. He's just had a bad day. And I don't think he should be to be blamed for that. I don't know. I just He's trying everything I love and everyone I love and I can't I can't. >> So you your fear is is if you provide a statement that he's going to retaliate here somehow. my whole life. I was with him for five years. That whole time he's told me that if I ever called the couch or said anything that he would >> kill everyone I love and all my pets and everything and ruined my entire life basically. >> Like what happened with her? I'm I I don't know. >> She said that Tik Tocker that women and her boyfriend killed her in the woods and then took off. >> That's what he was saying to you tonight. >> He calls me Gabby all the time. That's why I'm afraid for my life, >> right? Well, >> unfortunately, he his mother isn't the isn't going to be able to control his decision. He >> He Well, >> right. I mean, is that you thinking like she's going to pack him up in the car and bring him down here? I don't >> No. No. >> Well, then >> I'm just afraid that if I write a statement, he's going to know he's going to come after me when he gets let out because of the [ __ ] bail reform. >> Well, possessing a a firearm on felony probation is >> You're not finding that gun, sir. I'm telling you, he hit it. >> I think I think you're uh underestimating our ability to search through a house. >> It's probably not even in the house. He probably threw it in the garage. He probably threw it in the [ __ ] weeds. He's smart. He knows how to get out of stuff. He knows how to get out of it. He's worked the system before. I am scared for my life. >> I understand. And if you are then allowing us to assist you in giving you I know you don't believe in like orders and protections and stuff but further protect yourself by providing a statement and pursuing those charges like you talked with my partner about. That's that's our form of safety and protection for you. I know it's scary, but with what with what's all going >> so many times that you guys don't protect. Really, I can't trust you guys. You've let my mom go back so many times. And I've watched this man get away with so much stuff. So much stuff with you guys. >> Who? Him? >> DJ? >> Yes. He really rolled a [ __ ] Mustang and got caught and he almost got away with it, but someone >> Where was that? In the county. >> Yeah, over there in Himrod. He rolled a [ __ ] Mustang drunk as hell and got a DWI, but they lowered it to an AO. >> Well, that's the core. >> Don't flip that on us. We did. We did our part. We showed up and he got arrested >> the next day. >> That's not us. That's not the sheriff's office. Okay. But how how can how can you guarantee me this of course I can lay him out tomorrow and I'm going to kill me and everyone I love and I can't do it. I can't. [snorts] >> It's not safe for me. She can she can she can make him stay there and make sure that he's there and leaves me alone and just never talks to me again. You can't stay there with him and watch him. >> No, we can't >> let out in the morning. >> We can't, unfortunately. But the only way for us to help you is for you to help us. >> But you don't help me. You give me a paper. >> This is me trying. This is me trying to help you. >> Piece of paper that says he can't come around me. That doesn't keep me safe. >> Well, we we would be affecting an arrest tonight >> for what? >> Menacing. My mom got that got let out the next day. >> Well, then conditional discharge. >> Then he has possession of a firearm on felony probation. >> Then he's going to go to prison. >> Ewok. Well, if he's in prison, he ain't coming back here. >> But he has kids. I can't do I love those kids. I love those kids. I love those kids. I'm taking care of them for 5 years. I can't do it. I can't. I can't. I can't. I can't. I can't do that to them kids. I can't. I'm sorry. I can't. I can't do that to them, kids. I'm so sorry. I can't. It's not fair to them. It's not. I'm sorry. I can't. I can't. >> Well, on the flip side of that, do you think it's fair for them to be around someone who's willing to shoot a gun in the home? You also have to think about their safety as well. >> But they're safer. They're safer with a >> man. No, Lincoln is safer with his dad. I promise you. His mom is crazy. She just got WEEKENDS BACK. THAT'S WHY ALL THIS started because she has him and it made DJ so upset and worried because he's not safe there. >> Okay. What's unsafe at the other house? Just out of curiosity. >> Well, we just went we've been in court. >> She lives Where does she live? Where does she live? >> I don't [ __ ] know. >> What's her name? I feel like I >> Aaron Smith. >> E R I N Smith. >> Yeah, I feel like I have I had a prior complaint with her talking about him. >> I'm sure. I'm sure. >> Well, that's you know, family stuff happens. >> But like but like but like Oh my god, Lincoln. I can't I can't. >> Okay. Do you mind if I get like because you've been taking care of them, you'd know most of their information like her? Do you know her full name? >> Yeah. >> And like date of birth and stuff like that. >> I don't know her name. >> Date of birth. No, >> I haven't. >> And then can I at least just I'm going to grab my notepad. Can I at least just get all your contact stuff as well? >> And when I called 911, I wasn't supposed to be mentioned or involved in any of the any other stuff happening there. So Zoe, it didn't come back on me. It was >> the earlier stuff you're talking about about the the missing person thing. >> No, no, not that. Not that >> when >> the you're talking about this original complaint. >> Yeah. You told them that I called the cops and I just left. >> Well, I was the last one there, so I >> Somebody [ __ ] told him Well, I know he mentioned your name on his own accord that he got into a fight with you and um I would have I would assume reasonably one of our officers asked who you were. So, I think you would have been brought up someone told him that I called the cops. That's the big thing with him. >> Okay. >> He's calling the cops. He doesn't know the cops. >> Right. Well, I mean people don't use Fred or not Fred, Emory Pulver, his friend that called you guys earlier when he was gone, missing, whatever, >> fishing or whatever. >> Yeah, that's why I had to get out because he >> DJ called and was angry with you because his friend called. >> Yes, he blamed it on me because I called him and told him if it's gone. >> But you were worried about >> Yeah. >> Well, that seems a little silly. >> It's okay if you don't. I'm just asking you normal questions that I would Does >> I don't know her middle initials. >> Does Libby have a phone number? >> No, >> she doesn't have a cell phone or way to contact her. >> I don't have it. >> You don't have it? But she does have a phone? >> I think so. >> Okay. And you said that she was there during all of this. Where was she? >> In the bedroom sleeping. >> Okay. So, she >> necessarily wasn't in front of her. Yeah. None of this took place. >> So when you were talk talking with >> originally your argument started in the home and then you guys came outside >> on the phone. >> On the phone >> and he got there when when he got there he called me and said he was outside. When I got outside he was in my car taking all his stuff out trashing my stuff. And I I had already packed all my stuff up cuz he called me before that and told me to get out and I wasn't doing this again. >> Okay. >> So, I did I packed all my stuff out and I I got out and he wouldn't let me leave. He took my keys and he wouldn't give them to me and he was throwing my stuff in the road and >> Well, those are all all additional charges. I can't. >> Okay. >> I'm sorry. I can't. >> Will you give me two seconds to at least notify the investigator of what your your opinions are, what your thought process is, and see if he wants to have a chat with you? I know it might not change your mind. >> Right. >> Yeah, that's fine. Can I go inside and grab a jacket? >> Yeah, it's cold. Yeah, I can come knock on the door, too, if you want to just stay in. >> Oh, I got dogs in there. >> Oh, no. No, I'll just knock on the door. I've been inside. I've been inside with your dogs. >> Oh, okay. >> They're all fine. >> Okay. >> They're all I'm not afraid of dogs anyway. I can I can knock I'll just knock on the door. This way you do not have to stand out here in the cold. Okay. >> All right. Thank you. >> Oh, you can just come in. >> Okay. >> Hey folks, how are you, sir? >> Hey. >> What's that? better. >> Yeah. >> So, just for my recollection, so you went you were at the you've been at the house all day. >> We've been in and out. >> You and DJ have been in and out of the house all day. >> And when when did you say he left for fishing? And then his friend had called in that he hasn't been around after you told him that. Right. You told him that he never came back and then his friend called us. And what time was that? >> I was like 1:00 a.m. Right. >> I talked to DJ at 11:00 >> and he told me he was about to reel in and uh head home. >> Mhm. So, and then I fell asleep and then I woke up at 1:00 and noticed that he wasn't there. >> And then the argument started on the phone and when he showed up, you guys went outside. You and him went outside. >> He was already outside. >> So, you came outside. >> He put my stuff in my car. Leave like >> Okay. Yeah. cuz I had >> I don't know where it just went. >> This cat right here just had surgery on his leg. >> I see that the sh >> He was in the crate with the gray one that's here and I had >> those were over at the other house >> and the big brown the bigger brown dog was there too. >> So those serious or what's >> serious? >> Okay. the big one. >> The tall one. >> That's you. Typically, when stuff like this goes down between us, those are my main concern cuz he knows that's what I care about. >> And that's what he would hurt. I still have clothes and stuff there. My >> spare keys to my car are there. >> And you when you originally called, you said that he had a had a shotgun and he shot. Where where was that? When when did that take place? Did you see him physically holding a shotgun >> or did you hear it? >> I heard three shots. >> I was I was screaming. Dawn parked right behind my car. I was screaming at her [laughter] to move her car because he said he weren't going inside and he was going to shoot whoever was on his property when he got outside. So I told >> DJ he said >> that could be an access point. >> It's right here. Those any of these we don't know exactly how they got here but this whole thing is full of them right here. And the deeper you go, the more you find. >> So this is strange people and they come around the door cuz she was at the door trying to get him to move her car. I screaming at her, "Move your car. Move your car. Don't move your car." She ran to her car. I sped out of there when I was pulling away. I heard three shots. like three shots, I guess. I don't know. >> It's really interesting. We have what appears to be a rock shelter facing south. So, during the winter, this would have been a lot warmer. Look at the amount of charcoal, the burn marks here. You can see this is our normal dirt right here. How many years? You're talking about a long period of occupation by not just one group but multiple groups. I'm looking at this structure. The more I see it, the more I see the burn marks there with this little holes which smoke goes up. This was being used for living quarters more than likely. When you look around inside, there's simply no way to produce that much except for lighting and shoveling out fires over and over again for thousands of years. Interestingly, [snorts] >> you were you were trying to leave because you didn't want to be shot. >> I was trying I was trying to leave the minute I walked out the door and put all my stuff in the car, but he had my keys and my car is the type of car. If the keys aren't in it, you can't start it. You wouldn't give them. >> So you were concerned that were >> you >> were just concerned for your safety at that point? >> Yes. >> Not specifically about being shot. >> He kept screaming at me and telling me that if I called the cops, he's going to kill me or not kill me but beat me up until you guys got there. >> He has just scared me. Okay. when you were trying to leave. He was saying that. >> No, he was saying Well, yeah, cuz the duration of when I was trying to leave is like a whole 15inut. >> Yeah. >> Right. But in the >> arguing >> and you guys Yeah. In the middle of you guys arguing and screaming, he was saying that if you had called like when you leave, if you call the cops, >> he would beat you. Or if you tried to call the cops while the you two were arguing, he was going to beat you up until we got there. >> Yeah. >> Okay. So, while you were trying to leave, he said, "If you call the cops, I'm going to beat you up until they get here." >> Yeah. Because he was throwing myself in the road, and I was asking him what he was throwing in the road. What did you throw, DJ? What did you throw? What What am you throw out there? What are you doing? Well, it's out here and I was looking for it >> because he was still getting his stuff out of my car. So, I was respecting that. I was looking in the rope for whatever he threw in the rope. >> I said, "D, if you don't stop, I'm going to call the cops. beat me up and say you guys very interesting results and I'm here to present the findings. I think you're going to be surprised. We looked at the beads. These beads are unbelievably small. And if you look them up very carefully, they're drawn in gold and there's a variation in the size of the hole. So this isn't the old right now. So, they're still talking with DJ and I think they're trying to talk with the mom and I also think they're trying to make contact with Libby to make sure that she's okay. And then obviously I'm here with you >> trying to figure out what >> you want to do >> and letting them know what where I'm at talking with you. >> So we're all kind of in like a limbo state right now of what what's going on. >> I know, but like why are you writing stuff down >> me? >> Yeah. So I have like a chronological order cuz like on the domestic form then in the bottom of the domestic you know you've seen them correct cuz I think I've been here between you and the bottom of the domestic form we have to have that portion where it says like DJ became upset with Xavier told her to get her stuff out. I'm just making like a chronological order of everything for that. >> Yeah, but that's a statement, isn't it? No, that's our that's our that's our like uh >> that's our like summary of what occurred. That's like that portion. The statement is the section that you sign. >> Okay. >> Right. Like you're you're talking to me like you're making statements right now to me like verbally like you're we're like conversing like I'm making statements to you, you're making statements back, >> right? >> That's that's just like verbal stuff. Um, >> so you said that when you got in your car, you started to drive away. You heard the gunshots, so you never saw him. You never saw him with a gun. You just as you were driving away. >> He had something in his hand, but I don't I don't I don't know what it was. >> Okay. >> He did have a big metal pipe in the car that's not in the car anymore. I don't I don't know what it was. I I was My main goal was to get out of there as soon as I could. >> Right. Well, yeah. I mean, obviously in the situation that you were in, I I would be doing the same thing. >> Like, if he if my keys were in the car from the beginning, I would have left. But they weren't. So, I couldn't. And the minute that I noticed that the keys were on the floor in the passenger seat, I left as fast as I could and I heard three loud bangs. >> Look at that scraper. Look at that. for both butile points. So, [clears throat] >> I talked to the investigator and >> we him and I agree that, >> you know, we're we're trying to >> I'm trying to break that barrier of >> your past. with us. I think I think you and our sheriff's office >> don't have the best rapport with one another. >> That'd be fair to say. >> And I'm trying my best to show you that we're trying to help and this is this is the only way for us to help. And it from our offices standpoint, our main con our main concern is your safety and the safety of the kids in that home. I know you you don't want them to go to the mother uh for obvious reasons that you know outside of our office. And then our officer's concern is your safety >> and you being one of the only witnesses to what went down. >> What's that? I know the mother. One of the only witnesses. >> It was you and Dawn, right? >> That's the from our offices. perspective in this certain time >> is only you >> helping us help you and the kids in that home >> telling you isn't going to help them. telling you he's gonna make it work. >> He's not even there. [snorts] >> But what about Libby? >> Libby. Libby is >> and only comes down every other weekend. >> And after this, I'm sure her mom's never going to let her come down again. So, >> she has a different mom than Lincoln. Who's Liby's mom? I don't know. >> You don't know? >> Requires a wellrounded approach. >> I can't help. >> Would you want to talk to one of our invest the investigator that called on about it? >> He wants to talk to me, but I can't I can't write a sing. I can't do it either way. No matter who I talk to, I'm not going to be able to do it. [laughter] >> I can't do it. I can't. >> She can make sure I'm safe. And I just can't I cannot trust you guys. You >> I don't >> It's been time and time and time and time and time. I already lost my other cat because of DJ and his dog. I almost lost this cat because of DJ and his dog. Like, I can't I can't I can't I can't do it again. >> There's another dog out there. There's a dog in that house. >> Is it aggressive? >> Oh, no. It after this cat was attacked, we had to euthanize her. There's a puppy in the house. >> Oh, a puppy. Okay. >> She should be kennel. That's where I put her before I left. >> Okay. >> She wasn't cry. >> Yeah. I won't I wouldn't be concerned about a puppy. I just thought you meant like there was an aggressive dog and was >> But um she's gone now. I just I can't. I can't. I'm so sorry. I just can't do it. >> Well, >> I would feel much more comfortable if you at least spoke with the investigator [snorts] >> and he can ask you some questions. I'm sure they're going to be along basically what I just told you. >> Uh >> I know he's going to reiterate our concern for the safety of yourself. and the kids. >> So, it's, you know, it's kind of it most likely your conversation is going to be a revolving door, >> but like I said, like our sheriff's office is the only we're only able to do so much on our own. And then >> obviously, we have to have a helping hand along the way >> to be able to do anything. and I know you're scared. >> It's obviously a it's not an easy situation that you just went through it all. [snorts] I can't say that I I understand your exact emotions because I haven't been through it. Obviously, I wasn't there with you, >> but I know that if I was in a situation like that, I would be pretty concerned for my safety as well. It's like a It's like a hipbone. >> Hey, it's Walker. >> Uh, I'm just going to hand you the phone >> to to Xavier here. >> Sound speaker for you. >> Hello. Hello, Xavier. >> Yeah, >> this is investigator Ray. >> Hi. >> You hear you're having a rough night. >> I am. >> And that's understandable. And like uh I know you've been talking with uh Deputy Walker here for a little bit. >> Yeah. >> And uh I wanted to talk with you. It sounds like you're having some hesitations on going uh going on paper and giving us a statement about everything tonight. >> Yeah. What are your hesitations? >> Well, the only kind of safety you guys can really >> give me is an order of protection. I mean, bail reef on is going to be out tomorrow. >> And I you can't guarantee me that he's not going to be out tomorrow because that's the court's decision. And my we've always had problems with my mom and my dad and it it almost killed my dad and I'm not going to let that happen to me. And DJ's mom can can whap him all make sure that he doesn't leave and doesn't come here and leaves me alone and make sure that I'm safe because I don't feel safe. And every time I've trusted the order of protection or or the police, it's it's never worked in my favor. She she was always allowed to come back and torture us. I I can't do that to myself. Don can she she has she can control him and make sure that he doesn't leave the house or do anything. That's that's my fear though is that she can't control that. >> Yeah, but he doesn't >> with this these type of uh domestic incidents, it usually goes on like an escalating pattern. So, right now with him firing off shots tonight, [snorts] I'm I'm worried that if it escalates, someone's going to get hurt. >> Yeah. Best way to stop what I know. >> Sounds like there's some bad history there with with your family and not working >> as far as orders from protection to keep >> whoever that was out of the house. >> But that's [clears throat] my fear is if we don't try to throw everything at him we got tonight that if it happens again it's going to be worse. I got that >> that puts me in fear for your safety from from that aspect. If you give us a state and then uh go go through that, we can get him arrested, aren't an order of protection from that from the court tonight. Uh if then uh we can get in the house hopefully. Get the on the search warrant, get that gun out of there. >> Does he own any other guns or is is it his gun or is it something he just had access to? >> I I don't I don't know. I think it was his friends. I don't know. >> I don't Do you know if there's any more guns in the house or if it's just the one? >> Our son has a few BB guns. Okay. >> Was your son in the house tonight? >> No. >> So, it was just uh just his daughter that was in the house. >> Yeah. >> Okay. >> All right. Yeah. So, I'm like my my main concern is your safety and the safety of any kids. Doesn't sound like they were involved tonight, but just them >> them being there as as we were as well if something continues. >> I know, but >> you don't know. >> He's better off with his dad and I can't do that to him. I love that kid so much. >> Liby doesn't come down all the time. >> Like his mom's the best head. He's better off with his baby. >> And I can't do that to him. I'm sorry. I just can't. >> You're saying that he's better off with his dad. He's not concerned about that. Like happened tonight. That's not good. That makes me for them. >> Oh, I grabbed some of that dirt from that. >> You don't know his mom. >> No, I don't. And I'm I'm not trying to downplay any of that at all, but with theirs uh does do they share custody and do do they spend time with them? >> So we just that's what started all this. We got a court order in the mail today and the judge voted in and Aaron's favor. So she got every other week out of Lincoln and he had to go there today and DJ was upset about that and had a bad day about it. >> So they just got uh um >> what is it like parental rights or or something like that? He's parental control or whatever. >> The only thing I can read is 17. >> Yeah. No, I mean assistant for me would really help us out tonight to do what do what we we have to hell. >> 200 years old each one of us. >> All right. We're going to work through everything if we can still arrest that without a statement. >> Okay. Anything we can we're still going to do. The safe room would definitely help us out. >> I can't I can't force you to do it. >> Yeah. >> [snorts] >> Hifant. >> Just for my personal sanity, here's >> outside of a cop's perspective. I know I'm doing a job right now, but Great. >> Are you really Are you really sure the mom can control him? >> You firmly believe that? >> I really do. >> Obviously, like he said, we can't force you to write a statement. >> It's that's a a willing thing that you have to do, but Please make homemade chicken. >> Well, I think we all want you to be safe. I don't I know that you >> are pretty committed on that thought process of what you think needs to happen. >> But when it comes to DJing, you're safer. >> Okay. [snorts] >> You know, it might have been different if you know it kept it >> that he didn't know about any of me calling or any of that. It might have been different, >> but that was told to him from the get from the start. >> And that I literally heard it on the phone right after I just got off the phone with 911. >> I heard the officer, the female officer asked Don. >> You heard the female officer ask Don where you were? if I knew if she knew me and if she knew where I was because I just called the cops on DJ for shooting a gun. >> Oh, okay. >> Is what they told her. And they didn't even know who she was. She was just driving up. >> Duh. >> Yeah, >> right. Yeah. I don't think they got her name yet. >> Exactly. And they were just telling strangers WHAT'S HAPPENING AND WHO'S CALLING THE POLICE. THAT'S NOT OKAY. And now I don't feel safe. that started. >> I know that she could go down there and make sure that he doesn't go anywhere. [snorts] >> Do you think that she's going to go down there tonight and be with him? >> She told me she was going to >> after we leave >> if he gets let go. Yeah. >> Okay. Well, I can't. We we're just going to stand here and go around the same conversation, >> you know. [snorts] >> But if you [clears throat] if you change your mind in the morning or something happens like the investigator said, like things get worse. I know I know we don't have the greatest rapport and you think just going along with DJ is what DJ says is what he says and you feel safer that way. And >> that's that's your ultimate decision. But >> I would I mean I'm not a counselor. I'm not a marriage counselor or relationship advice. I mean I've had my fair share of not the greatest relationships, but I would uh hope that you'd be able to make a decision to get yourself into some form of safety if things get worse. >> Okay. cuz it's no there's no place for someone to live >> and be treated >> here. I don't care what's left at the house. I have my animals and some of my stuff and the rest taken out, >> right? >> I just want I just want you to be able to make sure that you can keep yourself safe and not put yourself back into a situation where >> things can get worse. I own a gun >> in my name here, but it's here because he's a fell, >> right? >> So, I leave it here. So inside >> I know I'm safe here. >> Well, don't resort to that. Call us first. >> I mean, obviously if there's a situation where your life >> if your life's in danger or something like that, obviously, you know, you have to do what you have to do to protect yourself if you're being attacked in your own home. But uh if he shows up, >> I would give us a call first. >> It's recommended. It's not necessary. >> Just saying. >> No. Yeah. >> And that's fair. And I understand that and I love >> Okay. >> Thank you. >> All right. >> For your time. >> Do you still have to hold the domestic stuff? >> What's that? Are you still filling out the domestic? >> Yeah, we have to fill out a domestic report. So, we probably can just drop you off the pink slips tomorrow that you have them so you can go to bed. >> That'd be 4:30 in the morning. >> Really, really nice. >> Uh, you've been over that. There's a number on the back. They'll go over the same stuff with you. So, I'll just let you go. >> All right. Appreciate that. >> But someone will will stop by tomorrow and drop that off. Are you going to be here tomorrow all day? Most likely. Okay. >> I'll be here all day. >> Okay. Then we have our number. You're your number so we can give you a shout before someone shows up. It'll probably be one of the evening cars, so probably after 5. >> Okay. >> To drop it off, unless a day car decides to do it. >> Okay. Well, I'll be here either way. >> Okay. >> Okay. All right. Thank you. >> Thank you. >> Sheriff's office, SHOW ME YOUR HANDS NOW. PUT YOUR HANDS UP. JUST WALK SLOW TO ME. >> [ __ ] YOU. PUT YOUR HANDS UP. >> DON'T YOU DARE GO BACK IN THAT HOUSE. YES, I GOT CONTACT. STOP. PUT YOUR HANDS UP IN THE AIR NOW. >> YOU WANT MY HANDS UP? MY HANDS are >> Put your [ __ ] hands up and lay down on the ground. >> Get out in the row. Get your ass on the ground. >> Shoot me. I haven't done a pocket. [laughter] >> GET YOUR HANDS OUT OF YOUR POCKET. >> NOW, >> THAT'S fair enough. >> Get in the row right here on the black top. >> Who am I dealing with? >> Jeff, you can you can go ahead and lay down now. Put your hand >> I'm not laying down. >> Lay down the [ __ ] >> I haven't done a [ __ ] thing wrong. Stop right there. >> Stop right there. >> Down on the road. >> You stay lethal. I'll go get him. >> Check me out. >> You got anything in your pockets? >> No. >> What? Drop what's in your hand right now. >> Drop it. >> Drop it. >> You got it. >> Drop it. >> What is going on? >> Put your hands behind your back. Put your hands behind your back. What have I done? >> Put your hands behind your back. We'll explain it to you in a second. Okay. What is going on, guys? >> We'll explain it to you in a second. All right. >> Can I sit here? >> Yep. >> Would you mind grabbing my lighter and give me a cigarette out of my pocket? >> Right over here on the guard. [snorts] >> Okay. So, calls in and says that you fired shots at them. >> I did not fire any shots. I don't have any guns. I am a convicted felon. I have no guns. >> Okay. Why would they call and say that you fired shots at >> Me and her were arguing? She's mad. >> Okay. Shh. >> She needs to go somewhere else. Mommy, I'll meet you down there. >> Mom, you tell them that I don't. >> Okay. So, >> Mom, don't say a word. >> Okay. We're going to figure out what's going on then. >> What's going on is my me and my ex-girlfriend got into a fight. >> Okay. Sit back down for me, please. >> I I better understand. Can I sit? >> You're intoxicated and I don't want you falling. >> I'm not intoxicated. >> Yes, you are. Just back down. >> Excuse me. What was your name? >> Deputy Fault. Sit down. >> Fault. I'm not intoxicated. >> I can smell it on you. Sit down. >> Okay. Sit down. >> I'm not sitting down. I just >> sit on the guard rail. >> Okay. sit on the guardrail. >> I need my mother here. >> Sit down on the guard rail. >> I'm not gonna tell you. >> So, what happened tonight? >> What happened tonight is I came home late from fishing. My old lady was pissed. I took my [ __ ] out of her car. She [ __ ] left. That's the end of it. >> Okay. So, why would you call in and say that you fired shots? >> I have no idea. I don't even have one guns. >> Okay. No one else is inside the residence. Where is she? >> Would you like me to get her? >> Nope. Where is she? >> She's inside with the doors locked. She won't come out unless I tell her. Where in the house is she? >> It doesn't matter. You're not going in there. >> Where in the house is she? >> If you would like, I could call her. >> Why can't she just come to the door and we go knock on the door? >> Uh because she is informed not to. >> Why? >> Because we don't deal with law enforcement very well. >> I can see that. >> All right. Now, am I under arrest? >> You're being detained because we have reasonable fire shots into the air. >> All right. I did not. >> Until we figure out what's going on, you're going to sit right there. Like what's going on? >> I did not. Go figure out what's going on. Let me go. >> And that's what we're going to do, but you're not talking to us. So, how are we going to figure it out? >> I have no idea. >> Okay. [snorts] So, you're intoxicated. >> I'm not intoxicated. >> Yes, you are. >> I'm not. >> I can smell it on you. >> I'm not intoxicated. >> Okay. >> You have no right to have me in cuss right now. >> I sure do. >> Okay. Have a good night. >> We're not going anywhere. Sit back. Okay. Cool. Mom, go ahead and sit BACK ON. >> MOM, GET OVER HERE. >> STOP YELLING. You don't I listen I didn't do anything wrong. I don't have anything to worry about. Okay. >> Okay. I didn't do anything wrong. I took [snorts] my stuff out of her car which I could show you in the garage. Would you want to take a walk? >> Nope. >> Okay. >> Go ahead and sit back down in the guardrail though. She don't fall. >> My attorney is Katy Gasper. >> Okay. Wonderful. Call her. >> That's all I have to say. >> Okay. >> Until then, until you contact Katy Gasper. >> Thank you. >> I don't have any guns in the house. >> No. No. Xavier is the only one with guns. She has a rifle which is at her dad's house. There's no guns in my house. >> Why would she be lying? >> Because she's mad because I didn't come home until late. >> I know. Cuz >> I just got home. >> Yep. Cuz your friend called you and earlier. >> Yep. Whatever. Which is fine. >> Yep. >> All right. I've had a bad day. I didn't do anything wrong. >> Okay. >> All right. When I got back and she was yelling at me, I told her, "Get her [ __ ] and get the [ __ ] out." I took my fishing poles, which you can see directly on the couch in the garage are my fishing poles. >> Okay. >> May I walk over there with you, officer? Okay, then I If you're not going to cooperate with me, I'm not going to cooperate with you. >> Well, I mean, >> is it fair enough? Is it fair enough that I show you what happened and then you leave me alone? >> No. Well, we got to figure out what's going on. We're not just going to let >> What's going What's your name? I'm sorry. I want to address. >> Deputy Shank. >> Last name? Shank. >> Shank. Yep. Miss Shank Holt. >> Yep. >> Garren. >> Garen. >> Walker. >> Walker. >> We got in an argument. >> I do not own any guns. >> Okay. >> Okay. She has a hunting rifle which stays at her dad's house. Okay. I do not own any guns. All right. She will not come out or unlock that door. All right. Which is fair enough, right? >> Is she awake? >> That's fine. So, how are we going to get do this. Mom, >> come here. >> Allow my mother over here. >> Why don't you sit back down for me? >> I don't want to sit down, man. I'm pissed off. I want to stand up. I'm not going to move. Is that fair enough for you? >> I just folks, >> Is it fair enough for you that I stand here? >> That's fine, but I just don't want you to fall. >> If I wanted to have a problem, we would have had a problem already. >> I I understand that. I just don't want you to fall because you got your hand. >> I'm not going to fall. Okay. >> I I've been to cuss more times than you can believe. >> Mom, Libby is not to open the door. I fired no shots. I don't know what they're talking about. >> I know. I know. I >> I Okay. My mom was here for the whole thing. >> I was here for a while and I took off. >> Yeah. She was here and then she left. After Xavier After Xavier left, she left. >> Okay. >> Nothing has happened. >> How long ago did Xavier leave? >> Mom, how long ago would you say you guys left? >> Folks, I want a cigarette. >> Okay. >> Be fair enough. Reach in my hoodie pocket. >> So, here be fair with me. I'll be fair with you. >> I'm going to make a deal with you. Okay. I'm going to take the cuffs off you. >> You're going to be okay with us, right? >> I'm fine. Listen, I get what's going on. >> All right. So, here's what's going on. >> I'm an [ __ ] but I'm not an [ __ ] if that makes sense. >> Okay. So, here's >> You have a right to be here. I will give you the right to be here, but I at this point don't believe you have a right to be here. But >> So, here's the thing. I'm talking to folks, not you. >> I'm Walker. >> Walker. Okay. Folks, >> who's the responding officer? Who's the backup? >> All of us. >> Who's the responding officer? Who's the backup? >> So, here's what happened. Okay, [snorts] I'm gonna explain to you. Here's what happened. We got a call that you fired three shots. >> I have fired no shots. I have no firearms. >> Okay. >> So, if I take these cuffs off, >> I'm going to be good. >> You're going to sit there on the guard rail. >> I'm going to light the cigarette with that lighter you made me drop. >> Okay. >> If you pick it up for me cuz I reach for something and get shot. >> We're going to have not going to have problems if we do this. >> I won't give you a single problem. >> Okay. I'm doing good. We've had one bad night. Maybe I was an [ __ ] to her, but I don't know why feelings say that I fired shots anyway or at her or whatever. That does not make sense to me. >> Okay, have a seat for me. >> Good. >> Yep. >> Good. >> I'm going to check my pockets. Glad my hands are in the air. >> I have a wallet. >> What's in this? >> Whatever. I I don't honestly have my wallet. >> Okay, >> fair enough. All right, >> we good. Have a seat. >> I can put my hands down with no fear getting shot. >> Have a seat. Do any of us have a gun? >> Can I grab a cigarette? >> Yes. >> Okay. You maybe drop a lighter. It's >> right over there in the middle of the road. I'm going to grab it for us. >> I'm not going to go grab it. That's behind that offic. >> I'm going to pack these cigarettes. >> Are we good? >> Sit down for me cuz that was the deal, right? >> That's the deal. All right. I'm We're good. I'm packing the I'm not trying to get shot. >> Like, are we fair? Like, I'm not trying to get shot here, man. We're not pulling [clears throat] our guns here smoking a cigarette. >> Well, this guy had an AR out. >> You got to understand why I have >> I get it. If you you get called saying that somebody's shooting, you should come in. It's fine. I [snorts] get that. I wasn't shooting. >> I have no guns. >> I came home late. >> I've had a bad day. I went out fishing. My [snorts] fishing license expired two days ago. Me on that. >> I get you. I want you on our side. Like >> I get if you get a report that shots are fired, you got a job to do and I'll let you do your job. >> But understand from my side >> that I being a person that hasn't done anything wrong. >> That's why that's what we're going to do now. >> So we're going to deescalate this, right? >> We're being >> and we're going to start with a cigarette. >> We're going to be start with you having a seat and smoking your cigarette. >> All right. Me and my old lady got an argument. We've been together 5 years. Um, >> okay. >> Uh, judge, it's a long story. >> What was the >> in my pocket, guys? >> What was the >> not reason, >> what was the problem that was earlier? Did was it you that called earlier? Who called earlier? >> A friend of mine called earlier because I called him and I told him that I wasn't okay with what happened today. >> So, what happened today? >> Okay. >> Do I have to discuss it with you? Do you want me to >> basically >> if it's going to help us figure out what's going on, then? Yeah. >> I was on drug court 7 years ago. >> Okay. >> I'm 7 years sober from hard drive. Congratulations. I smoke some weed. All right. I'm pretty honest. Everybody does it. >> I have a drink here and there. >> I'm on felony probation. >> My probation officers blow aware. >> Okay. >> Okay. I'm going to call her to text her after you guys leave and let her know that you were here. >> Okay. >> I'm opening these a second. I have been in a three-year court battle in family court. If you guys know anything about family court, that's [ __ ] ridiculous. Okay, my baby mom smokes meth. She has people around our son. >> This isn't This is not Xavier. This is >> No, it's not Xavier. >> Either way, Judge Stzman, after I presented all the evidence, >> went through everything, said [snorts] that I have to relinquish my son to her today, which I did because it's court order. I don't want to be in violation of a court order, right? Like I said, I'm pretty [ __ ] law-abiding. All right. >> Yep. >> Now, Steman says, "Release the child. You have to. I have an appeal. I have appeal for the fourth district Supreme Court in Rochester." >> Okay. >> But I'm having a bad day. >> Understand? >> You guys fish, you guys hunt? >> Absolutely. >> I like to go fishing when I've had a bad day. >> Okay. So, it sounds like that's what you do to help relieve the stress. >> That's what I do to help release stress. It's better than swarming crack. >> Absolutely. >> All right. >> Absolutely. >> So that is what I did. >> Okay. >> My old lady was mad. >> Xavier. >> Yep. >> Okay. >> If I say my old lady got refer to Xavier. >> Okay. >> I'm going to light this. >> That's fine. >> We're good. >> Yep. You're good. Have >> at it. >> All right. I'm just making sure, man. You know, >> you came in so hot because of what you >> of what you heard, which is fine. >> You can smoke your cigarette as well. >> Which is fine. You know, >> whatever. I came in. I came home. It's her vehicle. Somebody stole my truck a couple weeks ago. >> Long story. >> Okay. >> Sit down. >> Yep. Good idea. >> So, she's mad. She takes off. My mom's still here. Me and my mom are arguing. Okay. >> My mom is is siding with her because she's a good woman. >> I'm just mad, bro. I want to be left alone. I want I want to catch some fish, which I didn't do. All right. You didn't or did you? >> I did not catch any fish tonight. >> Where'd you go? Indian Pines. >> Uh, I went down to Spern. I tried Indian Pines earlier today, but the the locks are open. >> So, I stopped a guy. >> There's nothing really there. >> Stopped a guy up earlier on middle road that said the bull had in Bransport. So, >> they're in Branchport, but I don't want to drive [ __ ] all the way to Branchport, man. Like, I live here. >> You won't you'll go, but you won't go to Branchport. >> Well, 10 minutes, you know, not even Bransport's [snorts] will be over there. >> Yeah. >> Either way, guys. >> Okay. She was mad I got home late. Okay. >> I said if you got a [ __ ] problem, you get the [ __ ] out. >> I own this house. I bought this house. It's my house. >> What time did you tell her you were going to be home? >> I didn't. >> Okay. >> I didn't. I told her I was going out. I'd be back later. >> Sure. I got >> Is it a So I >> So my friend, she calls her and my friend Emry's wife. >> Yeah. >> Or old lady. Like they're not technically married. He calls her his wife. >> Okay. >> They're friends. I had called Fred earlier. I told him I wasn't okay with this judge's decision because he's making me put my son in danger. My son was molested under his mom's care. My son has been subject to so much. >> My son has been subject to so much stuff and I proved every bit of it in court. >> Okay, >> I proved every bit of it, guys. Every bit of it beyond shadow of a doubt. >> Indicated CPS reports. Three counts of neglect. This is >> and they tell me that I got to relinquish my son to her and to Christopher Sheay which all I know about him is what I Google and I see that he's been arrested for endangering the birth of her childh >> several times in the past 5 years. >> So I can hear where the frustration sets in now then. >> Okay. I'm upset but I have to follow court order. >> Yeah, sure. >> Right. We have to do it even if it's putting my son in danger which is [ __ ] Right. I shouldn't have to be forced to put my son in danger. >> I got you. So, my son is down his mom's and her boyfriends tonight. I'm frustrated. I just want to go fishing. I want to be left alone. >> I get you. >> Okay. Me and her get into an argument. I [snorts] may have told her to [ __ ] off partially. You know what I mean? Like, >> people say things when they get mad that they don't necessarily mean, >> but I didn't fire any shots. I don't own any guns. >> I guess walk me through. Were you you coming back from the bar or you >> No, I don't go to the bars. I'm on probation. >> Okay. >> Okay. >> So, >> yeah, you smell alcohol. I'm not going to lie to you. I've had >> three myards. Okay. They're a little potent. >> That's why you smell it, but I had them once I've gotten home. And that's >> Okay. I don't drink and drive. >> She was here. >> Oh, she was here. >> She was here. I came back. >> We got to just a verbal. Okay. You know, I'm getting my [ __ ] out of your car. Like I said, if you look right there, you can see my fishing poles, my tackle box. Everything is stacked on the C. Would you guys be willing to take a walk to the front of that Subaru with me? >> What's that? >> We'll figure We'll wait on that. >> All right. >> Remind me what her name is, though. >> Her name is Xavier Miller. And I just woke her up. I said, "Lock the door." >> Again, guys, I understand in 2016 the Supreme Court ruled you're not your job is not to protect and serve as uphold the law. So, your job is to collect evidence against me to convict me. I get that. It's not to protect and serve, right? That was the rule in 2016. I've been in the system too long. I'm a decent person nowadays. I'm not the best person, but I'm a decent [ __ ] person. I'm not out there banging heroin and dying. >> So, you know, I'll be honest with you. Like, we could have had a big problem when we got here and we didn't. So, >> I almost did, but I decided to be quiet. >> That's a start in the right direction for me. >> I decided to be quiet because I understood what >> you had a gun drawn. All right. I decided to be quiet cuz you had a gun drawn. I'm not trying to get shot. >> I understand that. So, and but like I said, like >> Can I stand up? >> Absolutely. >> All right. [snorts] >> So, if it's going to help us sort the situation out, are we going to be able to talk to your daughter? Because if she >> I'd rather you didn't. >> Okay. >> I can bring her out here, but you got to allow me to go get her. >> I'm not going at this point, we'd have to accompany you. >> That's the thing is I'm not >> You're technically even though you're not in >> If you want to accompany me to the door, >> which we're going to do in a minute. Yep. Which we're going to do in a minute. >> The door, >> right? I'm not giving any permission to be inside my house. >> And that's fine. I don't need to go inside. >> Wait to the door. She was asleep then. >> Let's see who >> I don't want to. >> We understand that. But >> she was asleep. She was not awake for any of the dispute between me and Xavier. >> But she is she going to be able to test or is she going to be able to tell us the fact that shots were fired or not fired tonight? >> Uh yes. Okay. Would you like to walk to the door as soon as >> she is under the strict instructions to only open? >> Which is fine. Which is fine. I have no problem with that. And like I say, when what we're going to wait for you like to walk >> as soon as I have my phone, I can reach in my pocket. Sorry. >> Um >> I don't have my phone with me. >> When Deputy Shane gets back down here, we'll >> Miss Shank. >> Yeah. When when she gets back down here, we'll go down because if that's going to help us figure out what's going on tonight, then that's what I want to do. >> He's in the car. >> Gary, come here. [snorts] >> So, we're I keep my hands in my pockets. I'm not trying to get shot. >> No, you got nothing in there. I I checked. >> Okay. Well, I'm not trying to get shot. >> The guns are away. >> All right. I don't have guns. come back out. I promise >> I don't have guns. >> Unless >> I, you know, I appreciate it. I see you guys responding to Cook's house all the time. >> Listen, I'm not the person that I used to be, but I also understand that your job is to collect evidence against me. >> And you know what I mean? Does that make sense? >> So, our job, that's what our job is, is collect evidence and to either prove that person is >> guilty or innocent. Okay? So, >> if that proves that you're innocent, then that's our job, too. >> Well, let's be honest. 99% of the time, your guys' job is to protect to secure evidence [snorts] to arrest. >> Sure. >> And then it's it's filled out in court, >> right? And that's where all the argument happen. >> You are who you are. I am who I am. We both understand how this goes. >> That's what our job is. Three of >> us. Okay. >> That's what our job is, right? Our job is to enforce the law. >> You like me to walk through the door? No. >> In just a minute. >> Not right. >> I'm going to take a step off the guard rail. All right. I'm touching it. It's cold. It's metal. >> Anyways, anything else exciting tonight? >> No. This is >> This was the top the cake, brother. >> This tops the cake. All right. It's not even that bad. All right, I'm I'm good with it, >> you know. Sorry. My apologies for being a little bit of an [ __ ] at first. >> Hey, man. >> I'm pissed off. >> I just like I told you. >> I'm pissed off. I don't believe you guys are here to help anybody. >> I'm just here to sort out. I'm sorry, but you're not here. You're here to figure out how much evidence you could collect to arrest somebody. >> That is your job. That is your job. Description. >> That's not necessarily always our goal, though, is to make arrest. >> Is it? No, >> there's a few cops I know that are or a few officers. I don't know. Cops is derogatory. You guys, >> there's a few people I know that are decent. >> You're going to ask Aron Cunningham. I've known him for a lot of years. >> Sure. >> You know, >> I'm a decent person. If you got me, you got me. I'll tell you, you got me. Arrest me, take me to [ __ ] jail. All right. I've done a lot of time there. Not that I'm proud of it, but I'm okay with doing time there. But the thing is is I have placement of my son, >> right? >> He returns on Sunday. I won't do anything to I won't do anything to send him back to his methhead mother. She's a crystal methodist. You know what I mean? >> Okay. So, so your son, your the court order was for him to go with mom today and then >> Yeah, I have it all right there in the garage. I took it out of her car. I could show you guys what I'm talking about. It was issued on 5:1. >> Okay. So, he's supposed to come back with you >> on Sunday at 6 p.m. >> And then is that is that visitation or is that then he's coming back with you? >> No, I have placement. >> I have placement. I've had him for 3 years. >> Okay. Basically what's happened is the first 18 months of family court 18 months. This is ridiculous. >> I I can >> that's ridiculous. She refused to take a long time and then she took one and she failed for me. >> Okay. >> Okay. Then she gets arrested for domestic. My biggest thing is that she beats up her boyfriends. I was with her for years. I know this. I know her ex-boyfriends. I know her current boyfriends. Sir, she gets in trouble for that. So now I have to relinguish my son to her to spend time with her and Christopher Shay who has been arrested for you seemed like you knew his name when I said it earlier. >> It's familiar. I don't >> It's familiar, right? He [snorts] was with Danny Ror in the Hummer chase. I don't know how you guys look young. No offense. Congratulations. You look younger than me. [laughter] >> But you don't look a day over 25. >> He has multiple charges for endangering the private child. >> Okay. I don't know if Stsman has something against me, but the way he ruled, even my son's attorney, his law guardian, Travis Barry, >> Mhm. >> said, "I cannot believe he made this ruling." I talked to him earlier today, but because I don't want to go to jail on Monday for a violation. >> Sure. I relinquished my son today at 4:00. We came back here. I dropped him off. >> I'm going to go out fishing. I was down in Suburn for a bit. Mhm. >> I tried them out at >> Indian Pines. >> Nothing. I'm not a good fisherman. It just relaxes me. >> I [laughter] get a good time. >> I No, I really suck at catching fish. Um >> I can't fish because I get I'm having bored. >> Well, exactly. I get bored too easy. So >> that's me. I mean, come here. I got to >> think any little like movement of the line, I'm like, "Oh my goodness." And then >> I'm really worried about putting my hands in my pipe and stuff. You check me, I'm good. I'm not going to get shot. >> Here's the deal. The guns are away unless they need to come back out. But I don't see any reason that the gun's going to have to come back out. >> Fair enough. >> So, okay. So, you [snorts] do what you got to do. [clears throat] >> I've been on my serial. I'm going to relight it. >> That's fine. [snorts] >> I'm just I've been on the wrong side of the law for a long time. It's over 7 years, man. I'm doing the right thing. I bought this shitty ass house. >> And I'm going to be honest with you, this is the first time I've ever met you. So, you must be doing something right. Right. >> Okay, fair enough. I don't think I've ever met any of you. You know, some of the seniors don't understand. >> So, you're a lot of them will tell you. Every one of them will tell you if he's wrong. They'll tell you, >> you know, I'm honest. I don't care. I don't know why. I just don't care. If I did something wrong, arrest me. Take me to jail. But I don't do anything to get arrested nowadays because of my son. >> And it sounds like he needs me. So, and that's what I was just about to say. It sounds like that your son is pretty important in your life, right? >> He needs me. We had an argument. >> I don't She's pissed. >> All right. >> It happens. >> She'll be back tomorrow, guys. No matter what happens right now. >> Where? >> She'll be [ __ ] back tomorrow. >> Where would she go tonight? You know, >> she went to her dad's house. Have you dealt with her? Bonnie Miller. Okay. You have Bonnie's in Canada. We're trying to get sober right now. She is in Thompson due to heart issues. >> Okay. So, is >> So, just Joe lives over there. >> How's Joe doing? Is that >> Joe? Actually, he came out of his heart. Like, they were really like they called something strong three times. They're like, "He's going to die." >> For a while, >> we were like, "No, >> if you can operate, operate. If he dies on the table, he dies on the table." He made it. >> Okay, good. >> He's fully good. Back to work. >> Everything's good. That's when I had this place out. We moved back in here >> cuz I knew for a while that that was >> Xavier was having problems with that. So, >> yes. >> Dawn Smith. Where does she live here with you? >> No, directly across from the Midnight School. >> Oh, okay. >> Okay. There's a double wide garage and a pole barn. >> Yeah. Yeah. Yeah. >> That's them there. >> Okay. >> Um, of course, my old lady called my mom. Had my mom come up here, you know. Of course, my mom takes her side because women are women. >> That's what moms do. They offense in front of this whatever her name was. >> Women are women. Sure. You know, I mean, I was I'm I'm pissed. Not being [snorts] a nice guy, >> you know? Like if you got a [ __ ] problem, get the [ __ ] out. I got enough things going on. >> Sure. >> You know, I pay all the bills. >> Like I said, I understand that >> I don't care. You know? >> Yeah. That you've got a lot going on tonight. So the last thing you need is something else, another stressor to make the night even worse, right? So I get that. >> All right. So that's it in a nutshell, guys. Is that fair enough? Any other questions? I'll answer them. >> So listen, I have no reason to believe not to believe your side of the story. Okay. But I also, so here's here's where our job sucks, right? There's always >> somebody's shot fired shots, you got to be here. >> And there's always three sides of every story, right? There's person A, person B, and then there's one >> somewhere in the middle. The >> right one. >> So I get it. >> That's what we have to try to do is piece between >> A and B and >> put it together to make the right. [snorts] >> Like I said, I'm not like that's craziness. She's pissed [snorts] because I told her [ __ ] off. She's upset. I'm upset. She doesn't know how to understand that. >> Sure. >> She doesn't know where I'm coming from. Where I'm coming from, you wouldn't let that kid go. >> I wouldn't I wouldn't be forced to put my son in unsafe situation. >> I get you. >> But on this other point of it, if I don't on Monday on Monday when she goes to court, I'm going to jail for consent to court, >> right? Because you didn't turn the kid over. >> And I'm pissed. >> I understand. >> I'm mad. I'm angry. I don't know why this judge did this. I don't understand it. Judge Cook would have never stood for this. He's dealt with me for years. He was on our side the whole time until he got elected to Supreme Court. Then when he got elected to Supreme Court, we went through about three judges. >> Okay. >> And then Stman got in there cuz I don't understand what's going on. I don't understand why he would side with her with as much evidence as we presented. You know, I can prove that she smokes me. I can prove that she's lied. I can prove she violated the court order. And I brought evidence, facts. >> So, you said your son has a law garden. Do you have a lawyer, too, or were you doing >> Katie Gosper? >> Okay. Usually if you guys call me I tell you to refer to Katie Gasper because I don't talk to police without an attorney. >> Fair enough. Right. >> You know you're right. I know. >> But right now >> deescalate. >> We just need your cars over here. So you're not [laughter] >> very busy. >> You know you can park here. I'm okay. Like >> that's not very busy right now. >> Yeah. No, it's you know it was just it was an argument. [snorts] >> Escalated too much. Had not shooted at anybody. I'm not [ __ ] No offense. I have a [ __ ] brother. He's dead. Okay. So, I can say that word. I think I got to pass. >> All right. >> Hey, >> you know, I'm the replacement. Um, that's where we're at, man. >> How long ago did you move in here? >> I've owned this house for 5 years. Okay. >> I lived here for a period of time. >> When Joe had a heart attack [clears throat] with Bonnie, >> we moved over there to help him recover. I was going to say about a year I just kicked the tenant out because >> I was going to say I thought there was somebody else. Yeah, I thought you had somebody else staying. >> There was a Michelle Lynn. >> Okay. >> Here she was gross. The BB's I spilled on the floor when it left were still here when I got back here a year and a half later. They were still on the floor. [snorts] I'm trying to make something out of it, but I don't know if I can. The foundation with the water coming in over the past two days is >> Oh, got a little wet basement situation. >> You can't see. Well, you can't see, but there's actually I had to dig a trench out. >> Oh, >> I have a good drainage system. We put in a nice French drain. >> Yeah, the back. >> I'm sure the water runs way stop the water from coming in in the first place. >> Sure. >> I'm sure it runs right off the hill and right across the road and right down into your basement. >> Yeah, he's on Old Bath Road about 5 minutes away. >> Okay, >> 5 minutes away. I don't know the exact address. >> Yeah, >> I was curious. >> Titus Lus's house. Now I felt memory cuz I'm not guys. I'm not okay with this. >> Is that something? >> I'm not okay with it. All right. It's wrong. The judge was wrong. >> I proved I did everything how I'm supposed to do it legally and as a person who was very adverse to the law. >> You know, I did everything how you wanted me to do it >> and you're still forcing to put my son in. My son's been molested under his mom's care. He's 7 years old. Like, come the [ __ ] on. I proved it. >> She was indicated by CPS every time. >> So, >> the judge hates me. I don't know what it is. I went to the DA's office today to find out if he's worked on any of my old cases because I'm an [ __ ] you know? >> Yep. >> I don't know what happened. I I don't get it. It doesn't make sense to me. It doesn't compute with me. You got a man that has done everything he's supposed to do >> by the law. A person that wouldn't do it by the law. Not me. My son. My son suffers. >> I don't suffer. My son suffers. >> And like I say, it sounds like that he's like >> he's pretty important to you. Obviously, >> I'm gonna be the bearer of bad news. Um, but we're going to detain you and put you in the back of the car. >> Okay. >> Until we get the rest of this figured out. All right. So, one of them will >> What do you need to figure out from here? >> Well, we need to figure out exactly like what happens here. Like I mean like both was saying earlier there's A and B sides and all that. >> I'm I'm going to cooperate as much as I can >> which is I mean helps us a lot but there's a lot more that we have to figure out and it's not going to be something that we can get done in the next 5 minutes. So >> that's I'm going to be as fair with you as you are with me. >> Perfect. [snorts] It's policy and it's procedure and it's stuff that we have to do. Okay. >> May I call my mother? >> Um we'll get in contact with her. >> I need her to come get my daughter. >> Okay. Yep. We'll get in contact for her to do that. Okay. >> Okay. Do you need a phone number for that? >> Um, we should be able to have a phone number, but >> bring your car. >> Yeah. [clears throat] >> I'm not sure what side. >> We'll put them on passenger side over there. >> Go in here, buddy. >> I have to be in the car. >> Yeah, just have to patch you down one more time before we put you in there. >> Yep. Go ahead. >> Where's your cigarettes and your lighter? I just can't have pocket in here. So, I'm just >> I'm just going to take your wallet out. Okay. >> Yep. There was nothing in this front pocket, right? >> No, I I haven't shot in 7 years. I just had so shoulder surgery on my right shoulder. >> What's that? I'm sorry. I wasn't looking to >> I just had shoulder surgery. >> Oh, okay. >> On my right rotator cuff. >> Okay. Got a couple letters in there. >> Yeah, I I got a problem with that. >> Like me with pens. >> Okay, what do you want me to do? >> Hop right in here, man. >> Okay, then we call my mom, please. >> Yep. I'm going to work. I'm going to get my work phone out of the front of the car as soon as you get in there. >> My daughter will not answer the door until I call my mother. >> So, I'm going to like I said, if you hop in there. Okay. >> Sorry, it's my laces. >> Did I ask that favor of you guys? >> What's that? Can we put these in the front? >> We can do that. What's the number for your >> double lock? >> Double lock. >> I just don't want him to get too tight. >> Is he calling my mom? >> Uh, I'm not sure who he's calling right now, but if you want to just go ahead and swing your feet in there if I can get this door shut. Appreciate, man. Thank you. >> Am I allowed to ask those two officers what's going on? >> I'm not sure if they could give you any different answer than I can. >> May I? I'm asking your permission. >> Yeah, you can say whatever you want. As long as you stay in the car for me. >> Ernie, Deputy Shank. >> Shank and Folultz. I have a question. >> Yeah. >> So, what are we waiting for? >> I'm waiting for a bunch of phone calls and >> phone calls to who and what. >> We got sergeants and stuff like that that are trying to that we got to call and notify and figure out exactly the next step. Okay. >> Like I said, it's going to it's going to take a while. Like you're going to be in this car for >> I I know it's probably sucks a lot. >> What about calling my mom? >> I I will get in contact with her as soon as we get stuff figured out because I mean right here like right now you're still here. So, as soon as we figure stuff out and all that and if you go to jail tonight, if that's a poss I said if that's a possibility, >> then we will call her and get your kid. Okay. >> Thank you. >> All right. But is she like sleeping right now or >> my mom? No, she was just here. >> I don't know your kid. >> Uh, she was, you know, I told her to lock the doors. I don't know what's going on. Don't answer for anybody but me. >> Okay. >> You know. >> Okay. All right. >> Hard. if you want to go in for public uh indecency. >> No, I don't. I don't. I don't. >> I'm good. >> I'm just messing with it, but I can't let you pee here. >> Yeah, I know. You can't let I'm just ask I'm good. >> No. Yeah, you're good. That big white antenna coming out top of your house. >> TV. >> Oh, TV. I get 43 channels off of that. I mean, I have Netflix, Spectrum, and all that, but when I first moved here, Spectrum didn't offer internet. >> Oh, okay. Um, so I bought that at Walmart for like I think 30 bucks and where it's it's on an old satellite dish, I guess. >> Yeah. No, that's just a basic uh your regular old TV and towns. >> So you pick up just like local news channels and stuff like that with it. >> Yeah. >> Hi there. I'm sorry to bother you. Um, so we're having a little bit of a um problem across the road here. >> I heard something. >> Okay. Did um what can you tell me what you heard? >> Well, I don't hear as good. I thought I heard three shots. >> Okay. You thought >> and then later another one. That's all I can say. >> Okay. >> And then I heard people talking so I was kind, you know, >> okay. Um do you would you remember about what time that would have happened or anything like that? >> Mom, >> what you remember what time? >> I was asleep. I wasn't even sure what I heard cuz I don't hear good. I don't have my hearing aids on at night. >> Okay. Would is it your mom that's in here with you? >> My wife. >> Okay. Your wife. >> Um Yeah. >> Would she have heard them? >> No. >> No. I was sleeping. You woke me up. >> I woke up. But you were out here. You didn't hear that here? >> No. >> I I I hate to be sure. >> Okay. [laughter] I understand. Um >> but what I heard, you know what I mean? >> Sure. So, you think you might have heard three shots, maybe four? I heard three shots and rar another one. That's all I can say. >> Okay. Okay. >> It sounded like a shotgun and I was kind of nervous. >> You're you're definite on that that you heard that though. >> Well, >> okay. [laughter] I understand. >> I was in bed and you know this is a new house and it's insulated pretty. I don't hear that much noise out here. >> Sure. I understand that. >> And um >> but I heard something. Yeah. >> Okay. Do you mind if I describe your name real quick? >> Charles. It's Gerald, you said. >> What's your first name? >> Charles. >> Charles. See? Um, that's all we really need. We're just, like I say, we're trying to sort through it and we kind of got conflicting stories about what's going on. So, >> just right. You heard three maybe four shots and then some yelling and >> Well, yes. Then people were talking. >> I got you. >> Yeah. >> Okay. >> I just, you know, >> I understand. I understand. Not something you want to be involved in. and I get you. >> So, what what is going >> So, we got a call that shots have been fired out here obviously. So, that's why we responded out here. Um, we're kind of getting conflicting stories about what went on. So, that's why we're just trying to figure out sort through. >> I was worried, you know, I hope hope doesn't come and you know what I mean. It's something good. >> So, okay. All right. So, thank you. If we know if we need anything else, we'll uh we'll let you know. Okay. I hate to bother you, especially at this time of hour, but we're just trying to figure out what we got going on. Okay. >> So, it took care of Wait, >> what's that? >> It took care. >> The problem is resolved for right now. We're just trying to sort through what actually happened. So, okay. >> I didn't see anything. >> Yeah, that's fine. >> Hearing was the most important part of it. So, we got that part of it down. Okay. >> All right. So, like I say, if we need anything else, we'll uh we'll be in touch, but I think we should be all set. Okay. Good. >> All right. Have a good night. Okay. >> You, too. Thank you. >> [snorts] >> It's raining now, but you're just like kind of fell asleep. Oh, >> what's going on? Also, [laughter] can I go and come on? >> I'll tell you what I know. >> I would really like to be able to call my attorney. I believe that's a I believe that's a legal request, right? >> You can't. Just not right now. >> Why not right now? Oh, I've been handcuffed for 3 hours. >> I know. And but we can't let you call them right now. >> Why not? I want them present. >> I know. And but it's not right now. >> But that doesn't make sense. >> I know, but you can call them later. >> Can you take me to jail then? Like what's going on? I like take me out of these. Take me to jail. It's been 3 hours. >> I know. >> 3 hours. I'm sitting in handcuffs, sleeping in the back of a cop car. I've been fully cooperative. >> You You have been >> all right. Like they're obviously lying to you or you're lying to me. One of the two things has happened. >> One of the two things happened to you. She's lying to me. She's trying to wait on something. >> So, >> or you >> We're literally waiting for the investigator. >> For what though? Like at this point, >> I haven't been talking to him, so I have no idea. >> Slept on it. Wrong. Wrong. How do you really sleep? Like what is that beat that I hear? >> It's his car. There's something wrong with it. It's like I don't know if it's the >> Oh, you're talking about in my car. >> No, that >> Yeah, that like a >> I think I'm being held at this point [snorts] almost unlawfully, you know, like my attorney. I'd like the present immediately. before she gets into court this morning cuz you're good with me just stretching out a little bit. >> Just don't go too far as all. Okay. >> Yeah. >> For what? Am I free to go? >> Do you know what that was about? I think we're going to learn together here pretty quickly. Okay. We're back. This is ridiculous. Not Just tell you right now. You stand right there for a second. >> You going to stick over me? >> Just so you're aware. I tell everybody if you uh there's something I missed in the jail. >> I told you. >> You are under arrest. Okay. >> Okay. What am I under arrest for? >> Uh couple charges. I'll explain it to y'all at jail. Okay. But you are going to go in my car. your go my car. Okay, >> I'll explain it to you. I'm going to do a better search of you though now cuz you are on in custody. Okay, >> what do you want me to do? >> Just stand there for me for a second. >> Nothing on you. Going to stick poke or hurt me. >> Just so you're aware, I tell it to everybody. If you uh if there's something I miss, you bring it to the jail. It's an extra charge. >> Yeah. No, you're fine. There's nothing on here. >> Okay. I tell it to everybody and I'll leave the cuffs up front for you. Just don't get squirly on me. I know you won't. [snorts] Pop your hat off and put in the front. >> I can't wear it. >> No, I can't even have anything on in the back seat. What am I under arrest for? >> I'll explain it to you, brother. >> Neckl with the necklace. >> Yep. That's it. It's concerned about it. >> Thank you guys.