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I couldn't comprehend what was happening. I couldn't sleep. Losing my husband. It's an image that is never going to go away.
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A father out for a walk with his son. I heard shots. Very loud shots. The child survives.
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The father doesn't. All he was asking was, honey, tell me, how's the baby? Is the baby OK?
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It was an execution. Yes. never caught. Waiting for a phone call, waiting for a break, nothing was coming in.
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Then one month later, another shooting. The victim, the dead man's partner and no
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question this time who the killer was. I panicked because I thought he was reaching for his gun and that's when I shot. Was it self-defense? The lead
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detective kept telling us everyone's life is in danger. Or was it something else?
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It's a lousy excuse to kill somebody. What secrets were stored on this tape? Villain.
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I just couldn't believe what I heard. Or victim. Hug your family. Kiss your children.
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You don't know when you're going to lose them. I'm Lester Holt and this is Dateline.
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Here's Keith Morrison with Miami Heat. It was dusk in Miami. The day's heat retreated.
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Parks filled up. Soccer games were called to order. Orlando Mesa loved the evening ritual.
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He and his 18-month-old son, Noah. Orlando doted on the boy. He was a hands-on bat.
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And Noah's mom, Cindy, was there to record it all My husband was an outdoor person
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So, you know, he was always doing things, you know, with Noah And so on a spring evening at the gathering dusk
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Orlando walked behind Noah, who rolled along on his toy car A security camera watched them toddle down the sidewalk
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They disappeared around a corner That was the worst date of my life. What happened?
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Well, that's still being debated, in a way. A chain of events, certainly, of which a father-son evening stroll may have been the first, but certainly not the last.
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But, a moment first to fill you in. Cindy, or Genepsy, the name she was born with in Cuba, came to Miami as a teenager.
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and she was bright and ambitious. She learned English pretty much from scratch, became a hairdresser,
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experimented with her own quite frequently, as you'll see. It was back in 2006. Cindy Carballo had been invited to a Super Bowl party.
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Lots of people there, in the crowd and the noise. She didn't notice Orlando Mesa,
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but he noticed her. According to him, it was love at first sight. Did you feel that way too?
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Not at first. Then after that Super Bowl party, she got very interested in that funny, handsome guy named Orlando,
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the mechanic with the wild, curly hair. He definitely was a jokester, so he made me laugh.
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Orly, as she called him, was as ambitious as she was. He didn't just fix cars. He bought a couple of lunch trucks, and then he branched out into real estate development.
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Having tried marriage once, Cindy was reluctant to try again. But Orlando was not a man inclined to entertain doubts.
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And one weekend he invited Cindy to a barbecue party. He surprised me. He knew that I love mariachis.
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And all of a sudden all these mariachis, they come in and singing. And he gets on his knees and he proposed.
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So it was exciting. That's a day you don't forget. Never. So, in short order, they got married and had a baby and became a family.
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Why did you pick Noah as a name? They had a book on baby names, and I saw the name Noah, and it said it meant new beginning.
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So I loved it. So it was a new beginning, as amply recorded as any new parents could make it.
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But if this was the beginning, then what was this? That early evening in April 2008, Rolando and Noah, heading down the street with his
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toy car, they turned the corner, out of camera range now, and then... I heard shots, very loud shots, and I went outside.
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when I saw my husband full of blood, crying for help. I'm sorry. It's an image that is
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never going to go away. I didn't see my son at first, so I thought the worst. I went crazy
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because I thought my son was kidnapped. Then from the front yard near where Orlando fell,
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a neighbor called out. And she said, no, I have your son, my brave neighbor. She took my son from my husband's arms.
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When I ran to grab my son, my son was shot full of blood. Neighbors called 911. My baby's been shot.
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In the distance, as the caller spoke to 911, a woman screamed. It was Cindy How old is the baby How old is the baby Cindy held her son for dear life Orlando tried to speak
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All he was asking was, Honey, tell me, how's the baby? Is the baby okay? Then an agonizing decision.
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Ride in the ambulance with her baby or stay by her dying husband? Of course, I was torn in two,
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but my main concern was my baby. So I jumped immediately in the ambulance. As Cindy sped away to the hospital with Noah,
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the paramedics worked on Orlando where he fell, but it was too late. They could not save him.
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Detective Felix Guadarama of the North Miami Police Department went to the hospital to check on the boy
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and deliver the bad news. That's the toughest part of my job. How did she take him?
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She obviously became even more upset. everybody started crying. It was just horrible to hear news like that.
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But little Noah would make it, would be okay, thanks to his father's selflessness.
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My son was shot in his arm and in his leg, but, you know, his father protected him.
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Held him and covered him. When they were shooting at him, he just lifted my son up.
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Keep him away from his body? What do you miss most about him? Being with him all the time.
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That was when your life made sense? That's what I knew. Us together with our baby.
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But now Orlando was gone. and little Noah was wounded and suffering. And so she took him home to care for him there
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in a house that felt empty. I couldn't sleep. Seeing my baby suffer with the wounds,
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losing my husband. He was very loved by everyone in my family. Clearly, however,
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there was someone who didn't feel the same way about Orlando Mesa. And before long, said Cindy,
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she and the North Miami police came to the very same conclusion about who that might be.
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When we return, Cindy points to someone she thinks is a possible suspect and begs for help in bringing her husband's killers to justice.
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Hug your family. Kiss your children. You don't know when you're going to lose them.
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They were just going for a walk on a pleasant Miami evening. And yes. When her husband was gunned down and killed,
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her 18-month-old son wounded, Cindy Carballo didn't quite get it right away that hers was a particular kind of nightmare.
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This was an execution. What does it do to your head when you think that? Somebody wanted him dead.
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I couldn't comprehend what was happening. I was just in pain that I had lost my husband.
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Three days after the shooting, Cindy went before TV cameras at police headquarters.
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Hug your family. Kiss your children. You don't know when you're going to lose them.
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Holding her son Noah, his injured arm wrapped in bandages. She appealed for help to find the killers.
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Most little information that you know, please just come forward. Police had urged her to make the appeal,
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hoping that all that emotion would help generate some much-needed leads. Though there was one lead, both amazing and ultimately frustrating.
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Right there, just below the roofline of Cindy and Orlando's house, was a security camera.
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Former North Miami police major Trevor Shin. We had video footage that we obtained from the victim's home.
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That's the camera that captured father and son heading out of the house and down the street on that last walk they took together.
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Then watch this. A car barrels up to the curb. Two men burst out, guns drawn, run around the corner, out of camera range.
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That's where they open fire on Orlando and Noah. Within 15 seconds, they're back in the car, speeding away.
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But they're not done. He was on the ground. They come back by, and now you have a second rally of shots.
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It was an execution? Yes. Nobody could identify the two you could see on the video.
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Best witnesses could say was they were African-American males with dreadlocks. One caller said she thought she saw a third man in the car besides the two shooters.
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I killed about three people in the car. They found the car, eventually, abandoned.
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It had been stolen. And the evidence trail cooled dramatically. As for what the motive was, no one seemed to know.
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It was shocking because my husband was very much liked. He didn't have any known enemies.
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Was that true? Detectives at the North Miami Police Department threw out a wide net.
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And they got some help from Cindy. When you're working on homicide, you want to reach out to the people who are close to the victim.
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Yeah. Spouses. Of course. Best friends, business associates. You want to get as much information.
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Are there beefs? Are there bad businesses? That's when Cindy thought about her husband's new business partner,
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a man named Elon Nissom, the guy he got involved with in real estate development.
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When the police questioned me and they said who are his friends and partners did he had any incident That when I said well you know there was an incident with this business venture
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Cindy met Elon Nissom and his girlfriend Nikita at a birthday party for their daughter,
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who was Noah's age. Then, said Cindy, Orlando told her later, not long before he was murdered,
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that Elon lost a big packet of cash Orlando entrusted him with. My husband gave Elon Neesom money to purchase lots to get in the business.
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A lot of money? My knowledge was $180,000 and there was a robbery and the money was gone.
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$180,000 lost? In cash? That's the sort of thing that makes a cop sit up and take notice.
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Tell me about the links between Nisum and Orlando. What were they doing together?
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Some small real estate, from what we understand. But all these sound like businesses on the up and up.
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Yes. Cindy began to suspect that Nisum must have had a reason to want her husband dead.
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But as for what he may have done... I don't think she could say. She just kept saying that he had to be involved.
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And there was an issue over money. It was just like her gut feeling this guy was involved.
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And then, the 20th of May, one month to the day after the murder, the investigation had stalled.
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Cindy was at home, alone, packing to move out of the house she shared with Orlando.
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What happened? Well, sometimes it could take a while to figure out who did what to whom.
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Coming up, a knock, a shot, and a mystery. He made a move and I panicked because I thought he was reaching for his gun.
00:13:51
When Dateline continues. Burying a loved one is never easy. burying a loved one who was murdered.
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Incomprehensible. And to make it somehow worse, said Cindy, police told her that her suspicions about that guy, Elon Nissen, were well-placed.
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And they gave her a warning. The lead detective, she kept telling us, this is a dangerous individual.
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And then, this was pretty terrifying, said Cindy. After the murder, Nissen called her on the phone, incessantly.
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He always inquired about the investigation, so I felt he wanted to keep me close for information if he was maybe a suspect.
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And on the day of Orlando's funeral, who should show up but Neeson himself? That's got to be pretty bizarre to have him at the funeral when you think he had your husband killed.
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It was. I immediately told the lead detective in the case. The lead detective came to the funeral also.
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And she instructed us to act natural, not to let him suspect that we knew that he was the person.
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And to keep taking Nism's calls. Cindy thought she could help the police solve the case.
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But there was a little more involved than a pure murder investigation. The feds, rearing on it now, said Abby Rifkin,
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the prosecutor assigned to the murder case. They were looking at Mr. Neesom as they were looking at her husband, as they were looking at other people who were allegedly in the drug business.
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The drug business? Yes. All that missing cash and Orlando's three prior convictions for marijuana and cocaine possession.
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Those things gave the crime the whiff of a classic drug hit. My husband, unfortunately, had a past before I met him, before I married him.
00:16:07
Mind you, Orlando's crimes were not exactly big time. He pleaded guilty to all those charges and served a few days in jail.
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And though Nissim also had a record several assault convictions years earlier when he was not yet 20,
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none of them had a thing to do with the drug trade. Still, the question was, had something happened to sour their partnership?
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Just over three weeks after the murder, the police asked Cindy to do more than just keep an eye on Missum.
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I was asked by the lead detective to maintain communication with him so I could work with them wearing a wire and help them catch this individual.
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A potentially dangerous thing to do, of course, wearing a wire, secretly recording conversations.
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Still, Cindy said she would do it. And on the advice of the lead investigator, said Cindy,
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She bought a gun for the first time in her life. She also decided to move out of her house.
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But the wire? She never wore the wire. No, she did not. And the reason? It was May 20th, exactly one month after the hit on Orlando Mesa.
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Cindy was home alone, packing to move. And suddenly, an unexpected guest was at her door, said Cindy.
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not just any guest, Elon Nissom. He practically forced his way in, she said, peppered her with questions about her husband's business.
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He started asking me about my husband's warehouse and if I had my husband's keys.
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And I said, I don't know where he keeps his keys. That's when he became aggressive
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and he said that I knew more than what I was telling him. She watched in terror, she said,
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as he walked around the house, as he looked outside and saw that her dogs were securely leashed unable to help her But then she said it got very scary indeed And he grabbed me That when he attacked me
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I was able to get away from him. He reached out to grab me again. He scratched my neck. He ripped my shirt.
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He chased me through the house. Cindy said she ran to the living room where she kept her newly purchased gun.
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And Nissom, right behind her, tripped on some bags she was packing. And when I turned around, he made a move,
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and I panicked because I thought he was reaching for his gun. And that's when I shot.
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And I ran out of the house, and I called 911. 911. Had she stopped him? Were there others with him? She kept running.
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And she's frantically and saying, oh, they're chasing me. They're chasing me. Back at the house, police found Nissim on the floor. He was very dead.
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They finally caught up with Cindy a few blocks away, drove her to headquarters. How did they treat you that day?
00:19:14
They treat me very well. They were very nice. After my statement, they told me that it was a justifiable self-defense.
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Afterwards, the lead detective dropped Cindy at her parents' house. And she told my family that I did the police a favor by taking out the trash.
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The next day, news reports quoted the police as saying, Nissom was a suspect in Orlando's murder,
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and that Cindy was justified, shot him in self-defense. But now, regardless of that, you had just killed somebody.
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You'd taken another human life. Yes. It can't be easy to deal with. No, and it felt unreal.
00:20:00
It felt unreal. However, as you say, the police told you you'd taken out the trash.
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And did they essentially leave you alone after that? They drove me off at my house and they told my family members had nothing to worry about.
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So you went on rebuilding your life? Correct. But, as they say, don't count your chickens.
00:20:30
And don't judge a book by its cover. Was this a story of self-defense or revenge?
00:20:36
I just couldn't believe what I heard. Cindy Carballo's husband had been murdered, her son wounded, and she had just killed the man she believed was responsible.
00:21:03
It wasn't an easy load to put in the rear view mirror. But a few months after she killed Elon Nissen, it was Noah's second birthday,
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and Cindy decided his happiness would come first. So she organized a party, pony rides, the pinata, the cake.
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Cindy, remember, had always been an ambitious person. Now that she was the family breadwinner, in 2010, two years after the murder,
00:21:31
she and her partner opened a clinic that specialized in managing pain, located in nearby Broward County, just north of Miami.
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She hired this man to help get the business going. His name is John Friske. I was selling her computers and helping her get set up.
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Pain management clinics were popping up all over South Florida just about then. And some of them were suspected of being so-called pill mills,
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where unethical doctors got rich writing prescriptions for narcotics like OxyContin.
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Broward County, I think there was a hundred and some odd pain clinics, which is, I believe, more than a McDonald's.
00:22:10
Detective Rob Weir was part of a DEA task force set up to investigate these pill mills.
00:22:16
And while Cindy insisted she ran her clinic by the books, it came to the attention of the DEA task force.
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We had received complaints on it, so we sent somebody in to see what we could do.
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And guess who the task force sent? John Friske, the computer expert. He also happened to be a DEA informant.
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Every time I went in there, I wore a wire from the DEA. When you wore the wire, what were you assigned to do?
00:22:43
My main goal was to get anything that would piece it together and prove it was a pill mill.
00:22:49
He talked to Cindy a lot. Fishing, really, for what might be evidence of medical fraud.
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And then one day, it was just over two years after Cindy shot Nissen. Frisky got a very big surprise.
00:23:03
It made me very uncomfortable, and I just wanted to leave. What happened? Frisky asked Cindy about her family,
00:23:12
and she launched into an amazing story about the shooting of Elan Nissom. It was a story of how her husband was murdered
00:23:24
and her son wounded, and how she suspected her husband's business partner, Elan Nissom arranged it all. And then she said when she decided the police were never going to
00:23:34
arrest him. And that's when a completely different story emerged about the day she shot Nissom,
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a far cry from the one she told the police. Nissom didn't barge into her house uninvited,
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she said. She lured him I knew what was going to happen, and, you know, I was shaking inside, but outside I was calm.
00:24:08
She told Frisky she asked Nisum to take down some speakers in her bedroom, and then she went to the living room and got her gun.
00:24:16
And when he came out, I was like, he came out of that room. He said, s***. One, two, five.
00:24:25
She didn't shoot him just once. She emptied her gun into him. John Friske simply wanted to find out if Cindy was operating a pill mill.
00:24:43
Instead, it sounded like she had confessed to a much, much more serious crime. I went in the restroom. I called Rob Ware, the DEA agent.
00:24:52
and I told him that she has confessed to murder and she wants to go to lunch. And he said, no, you're kidding.
00:25:00
Just get out of there and make any excuse. You're not going to lunch with her. Frisky gave the tape to Weir.
00:25:06
And I'm like, nobody could just flat out confess like that. I just couldn't believe what I heard.
00:25:12
Detective Weir contacted North Miami police and prosecutor Abby Rifkin, who, it turned out, had heard doubts all along
00:25:19
about the story Cindy told the cops. The persona that she tries to portray of being this poor little widow is completely belied by those tapes.
00:25:37
Nissam's daughter is a little girl named Imani. He really did love her. Ever since Nissam was shot, Imani's mother, Nikita Roberts, had been hearing people say the man she loved was a killer.
00:25:49
I couldn't see this person hurting anybody or being this, whoever they say he was.
00:25:54
That's not the person that I know. Prosecutors put their case together. Miami-Dade State Attorney Catherine Fernandez-Rundle had to sign off, and she did so without hesitation.
00:26:05
Revenge isn't tolerated anywhere in the system, even if it's understandable and somebody might have some sympathy.
00:26:11
There's a kind of a push in that direction, isn't there? You ought to be able to kind of act out in your own defense.
00:26:17
Sometimes revenge is just an excuse, but it's a lousy excuse to kill somebody. You cannot do it. You will be held accountable.
00:26:25
And the state of Florida did hold Cindy accountable. Just before Christmas 2010, she was charged with first-degree murder.
00:26:36
Coming up, there was a dead man, an apparent confession, and a motive. But under Florida law, was it murder?
00:26:44
And it was at that point in time that you shot him to protect yourself? Yes, I did. I was in fear for my life. In my mind, he was there to kill me.
00:26:53
When Dateline continues. Words. What a lot of trouble they can be. Can you play my husband?
00:27:12
Cindy Carballo's words, recorded by DEA informant John Friske, could put her away for life for first-degree murder.
00:27:26
But this being Florida, she had a shot at getting the charge thrown out, the controversial stand-your-ground law.
00:27:34
Both sides are ready to proceed. If Cindy could satisfy this judge that she had to use lethal force
00:27:40
to protect herself from Elon Nissom, She'd walk away free as a bird. If she couldn't, she'd go on trial for murder.
00:27:49
Watching in the gallery, Nissam's girlfriend, Nikita Roberts, and their daughter, Imani.
00:27:53
Are there any witnesses of the defense seeks to call at this time? Cindy would be the first, telling the judge that, yes, indeed, a tape would tell the story of what happened.
00:28:03
But not the undercover DEA tape. That was nonsense, she said. The true tape, the one that told the honest story of what she went through that day back
00:28:13
in 2008, was her recorded 911 call after she shot Missy. That was the true Cindy the defense said tearing out of the house hysterical panic stricken telling the operator she was sure he was going to shoot her
00:28:38
Sitting here on the witness stand, Cindy swore her story was the same now as the one she told
00:28:45
the cops from the start, that she was home alone when Nissen showed up uninvited and attacked her.
00:28:51
He got aggravated and aggressive with me and he grabbed me by my shirt. And it was at that point in time that you shot him to protect yourself?
00:28:58
Yes, I did. I was in fear for my life. In my mind, he was there to kill me. Cindy turned to the judge, fighting back tears, and explained that she fired because it looked like Nissen was about to shoot her.
00:29:11
He turned with his left hand towards his right, and at that moment, I just started shooting and shooting.
00:29:20
Like there was no tomorrow because in my mind he was reaching out for the gun I seen him with.
00:29:26
He was going to shoot at me. It was so scary. Cindy's attorneys reminded the judge that after the shooting, the police announced Cindy would not be charged.
00:29:37
After the detectives interviewed her, no, they felt at the time that this could be a case of self-defense.
00:29:44
And the defense pointed out news stories of the time In which police were quoting Nissim as a suspect in Orlando's murder
00:29:52
At the time, he was the person the police was investigating And the only suspect in my husband's murder
00:30:01
And as for that DEA undercover tape Which so faithfully recorded what she told Frisky
00:30:08
About planning and vengeance, an eye for an eye This is me telling him how I felt, my embellishment on the story.
00:30:16
It was all pure theater, she said. She was trying to impress Frisky, not confess to him.
00:30:23
I made myself to look tougher than I was because I... Why did you do that? Because I'm a single mom living in a man's world.
00:30:32
So I wanted to sound like I'm tough, you can't mess with me. Cindy asked the judge to look to one statement on that tape that was all true
00:30:41
and consistent with the fear Cindy showed on the 911 call. You told Frisky that you had to defend yourself against Elian, correct?
00:30:53
Yes, I told him that I was very scared. I told him that I had to defend myself against Elian.
00:31:02
Cindy's testimony appeared to be a powerful performance. But there was one person not impressed.
00:31:09
Lead prosecutor, Abby Rifkin. What was your impression of her testimony at the Stand Your Ground hearing?
00:31:16
That she was an actress. And she was putting on an act. And the act began with that 911 call.
00:31:23
Was that the real Cindy? Not a chance, said prosecutor Rifkin. The real Cindy was the one on that frisky tape,
00:31:31
speaking freely when she thought nobody else was listening. And during cross-examination, prosecutors said police were never as suspicious of Nissen as Cindy claimed they were.
00:31:43
Instead, they said it was she who pushed him as the number one suspect. At the time, you were telling the police to investigate him, isn't it?
00:31:51
He was being investigated for the murder of my husband at the time. That is correct.
00:31:56
So, was Nissen a murder suspect or not? We put the question to these two detectives.
00:32:02
In the paper, it says that she shot in self-defense the number one suspect in her husband's killing.
00:32:10
So is that what the police were thinking? No. He was never a number one suspect.
00:32:15
He was never a number one suspect. Words. Words in court, words on tape. Which words would the judge believe?
00:32:24
Coming up, in a case full of twists and turns, one more. That blew my mind. How do they assert that I was pregnant by this man?
00:32:35
It was just disgusting. It was just after Thanksgiving 2012. Cindy Carballo had made an impassioned case that she shot Elan Nissom in self and under Florida Stand Your Ground law she qualified for immunity from prosecution He was going to kill me She sobbed and pleaded on the stand
00:33:09
Now she stood quietly to hear the judge's decision. The defendant's motion is denied.
00:33:15
Denied? Cindy, said the judge, failed to meet the legal burden of a Stand Your Ground case.
00:33:22
So, two years later, Cindy went on trial for murder. Please be seated. Now, prosecutors had the burden to prove her guilty beyond a reasonable doubt.
00:33:33
Evidence will show that the defendant lured Mr. Neeson to the house for revenge.
00:33:39
Listen to the DEA tape, said Prosecutor Abby Rifkin to the jury, to hear not a victim, but a calculating, cold-blooded killer.
00:33:48
So when I knew that it was going to be hard to catch him, I was like, I have to do something.
00:33:58
What did she do? She bought a gun, and then prosecutors said she invited Nissom to her home.
00:34:05
Dr. Emma Liu, then a medical examiner for Miami-Dade County, demonstrated the path of bullets from Cindy's gun into Nissom's body.
00:34:14
Five shots, mostly in the back. The day Cindy shot Missum, he wasn't even armed.
00:34:25
And if she was as frightened of him as she claimed to be, then how to explain this?
00:34:30
Phone records that show the two were in constant contact 30 times in the weeks after Orlando was killed.
00:34:38
We're talking about somebody who is clearly having a relationship with this person.
00:34:42
Come on, that's a pretty thin thread. Clearly having a relationship. I mean, that's your speculation.
00:34:47
Absolutely not. This is someone who was calling the victim equal number of times that he called her.
00:34:54
And then Prosecutor Rifkin went a step further. She discovered, she said, that Cindy got pregnant after her husband was killed, miscarried at three weeks.
00:35:05
And who did she text from the hospital? The person that she texted from the hospital a little after six o'clock in the morning was the victim.
00:35:14
It was clear what the prosecutor was implying, that Nissen might have been the father.
00:35:20
Cindy seemed stunned by the whole idea. That blew my mind. How do they come and can assert that I was pregnant by this man?
00:35:30
It was just disgusting. And simply untrue, said defense co-counsel Bruce Fleischer.
00:35:36
For them to suggest that she was pregnant from Nissen was ludicrous. In fact, said the defense, the state's whole case was ludicrous.
00:35:46
This was clearly an act of self-defense. Just listen to Cindy's sister describe the time she saw Nissom talking to Cindy
00:35:53
right after her husband was murdered to understand why she was so afraid. Then the next thing I see is him lifting up his shirt and he had a gun.
00:36:02
I saw my sister looking a little frightened about it. One of the detectives had told her this person has a long rap sheet
00:36:10
and that she should arm herself. And after Cindy shot Nissen, her sister said she saw proof that Cindy had been attacked.
00:36:18
She had bruises on her arm. She had a scratch or bruises on her neck. And that shot him in the back thing?
00:36:28
The defense called a medical expert of its own, who said the first bullet was in Nissen's side
00:36:33
when he turned his body as if to reach for a gun. within a fraction of a second he will fall forward and during that period of time he gets
00:36:47
all the rest of the gunshot the defense wanted to ask the lead detective diana roman just what she
00:36:54
told cindy after her husband was murdered roman has denied ever telling cindy to buy a gun
00:37:01
or congratulating her for taking out the trash when she killed Nissen. But here in court, the judge would not let the defense ask about those things,
00:37:10
though she did allow questions about all those texts and calls. You told Genevieve to stay close to him?
00:37:20
I asked her to maintain a communication that already existed there. But the big issue of course was that DEA audio tape I knew what was going to happen This tape is the one in which she seems to confess But she not confessing She said that I shot that man in self
00:37:40
I thought he was armed. It's not a confession. Did he have a weapon on him when they found him?
00:37:51
Remember, the defense argued that Cindy was exaggerating wildly when she talked to the DEA's Frisky,
00:37:58
embellishing to make herself look tough. But if you listen carefully, they said,
00:38:04
you can hear one thing Cindy did say on that tape that was true. The one thing prosecutors ignored.
00:38:13
Five big words. I had to defend myself. I had to defend myself. Now that, said the defense, was true.
00:38:23
just like the 911 call was true to all of which the prosecutors said nonsense that 911 call
00:38:34
that was all an act and their proof of that was something Cindy said to DEA informant Frisky
00:38:41
on his tape what does she say when she thinks no one's listening I was really nervous
00:38:48
but I made it look authentic and the judge agreed with the prosecution, dismissed the 911 call,
00:38:57
ruled it inadmissible, which was a very big problem for Cindy. And perhaps the reason that in her trial,
00:39:06
she chose not to take the witness stand. We couldn't let her do it because we saw that
00:39:11
we were not being treated fairly in the rulings. In his closing, defense attorney Nathan Diamond
00:39:19
insisted that Cindy was within her rights. when she shot Nisim. The shots are being pulled off in rapid fire,
00:39:27
consistent with the fear of the attack that was being placed on Genebsi in her home.
00:39:35
So now, the big wait. One day, two days. On the third day, jurors said they were deadlocked.
00:39:43
The judge sent them back. Please be seated. And hours later... We, the jury, find the defendant guilty of first-degree murder.
00:39:53
What was it like when they said guilty? It was very, very, very difficult. I never imagined that I was going to go to trial
00:40:10
and not be able to tell my side and actually how the events occurred. The sentence was swift, ordained by law, life, no parole.
00:40:22
Cindy told us she isn't done, she is appealing. She tells her son Noah that she will fight the lies that put her here.
00:40:32
He told me that he understand because sometimes in school there's boys that tell lies about him
00:40:39
and try to get him in trouble with the teacher, so he said, I understand, Mommy.
00:40:43
Ask state attorney Catherine Fernandez-Rundle about what happened to young Noah, and she calls it a tragedy.
00:40:53
That is really the heart of this case, because that's the person who really has suffered and lost everything.
00:41:00
It's been years now since the tumultuous events that put Cindy Carballo behind bars,
00:41:06
since her husband was murdered in a case that still hasn't been solved. All those years to contemplate the act that put her here.
00:41:13
And whether she'd do it again. Yes. Because I was attacked. And that moment, I felt that he was going to kill me.
00:41:28
And if not having remorse makes me guilty, I don't think it should be that way. Perhaps not.
00:41:40
but certainly Cindy Carballo has years to rethink the question and her answer that's all for now
00:41:53
I'm Lester Holt thanks for joining us