00:00:41
911 DISPATCHER: Elkhart 9-1-1.
00:00:43
What is your emergency?
RODNEY SCOTT (ON PHONE): I--
00:00:43
I just shot two guys.
00:00:45
911 DISPATCHER: Shot two people?
RODNEY SCOTT (ON PHONE): Yes.
00:00:47
They broke into my house.
00:00:48
I'm holding a gun on
the people right now.
00:00:50
911 DISPATCHER: Are
they in the house?
00:00:51
RODNEY SCOTT (ON PHONE): Yes.
They're in the house right now.
00:00:52
They're in the closet.
00:00:53
Hurry up.
Please.
00:00:54
911 DISPATCHER:
OK, don't hang up.
00:00:55
What's your name?
00:00:56
RODNEY SCOTT (ON
PHONE): Rodney Scott.
00:00:57
911 DISPATCHER: Rodney?
00:00:58
RODNEY SCOTT (ON PHONE): Yeah.
00:00:59
911 DISPATCHER: Rodney,
put the gun down, OK?
00:01:01
RODNEY SCOTT (ON
PHONE): Get back.
00:01:02
911 DISPATCHER: R-- Rodney.
00:01:02
RODNEY SCOTT (ON
PHONE): Get back.
00:01:04
Brother, ain't you
from across the street?
00:01:05
[dial tone]
00:01:23
ANGIE: Elkhart, Indiana.
00:01:26
It's, um, very small.
00:01:27
Really small.
00:01:30
You don't realize it's as small
as what it is, but it is small.
00:01:38
Sometimes the only thing here
to do is maybe go to the bar.
00:01:41
And you don't want to
get in trouble here.
00:01:44
We have quotes about Elkhart,
like you come here on vacation,
00:01:48
and you can't leave because
you end up on probation.
00:01:52
Yeah, it's just a
small town that seems
00:01:55
like everybody knows everybody.
00:02:01
I've lived a big
chunk of my life
00:02:03
on Frances Avenue in Elkhart.
00:02:06
I lived with my parents growing
up on the other end of Frances.
00:02:10
We did move out of the
area, but then I came back.
00:02:18
As a young teenager,
a younger age,
00:02:20
I would be at the roller rink.
00:02:21
We all did the
roller rink thing.
00:02:24
We did have a small mall
not too far from here
00:02:27
that we would hang out at.
00:02:29
But there still
wasn't a lot to do.
00:02:31
So of course we had our
parties and underage drinking
00:02:35
issues and things like that.
00:02:43
At 16, I was hanging out
with a good friend of mine.
00:02:46
And her brother was
also close to our age.
00:02:49
And things led to
things, and we end
00:02:52
up getting pregnant with Blake.
00:02:54
And, of course, either one
of us were quite ready.
00:02:59
So I stepped up to be the
single mother that I had to be.
00:03:05
Went to school-- high school.
00:03:06
After high school, went to
a part-time job every day.
00:03:10
And Blake did
everything with me.
00:03:12
Blake was at my graduation.
00:03:13
Blake was in my senior pictures.
00:03:16
I remember I didn't
go to my junior prom
00:03:19
because I was practically
a labor at the time.
00:03:22
It was real close to the
same time that the prom was.
00:03:25
I did make it to my senior
prom, so that was nice.
00:03:27
But yeah, it was--
it wasn't easy being
00:03:30
a single young mother.
00:03:42
But I grew up with Blake.
00:03:43
Blake was my everything.
00:03:46
I've never lived without Blake.
00:03:50
He was my sidekick.
00:03:52
No matter where I
was, Blake was there.
00:03:55
I think that's the hardest part.
00:03:56
It's like we've kind
of grown up together.
00:03:59
And he's always been a big
help, helping with his brother
00:04:01
and sister, too.
00:04:06
That day, I got a phone call
that there was an incident that
00:04:11
happened a few
blocks from our house
00:04:12
on Frances Avenue stating
there was a lot of police.
00:04:18
So I called my son, Blake,
just to see what was
00:04:21
going on in the neighborhood.
00:04:23
But I couldn't get
in touch with him.
00:04:27
KATHERINE: I was at school,
and I got a call from Blake's
00:04:31
mom, Angie, freaking out.
00:04:32
Like, there's cops
down the road.
00:04:35
I have a feeling
it's about Blake.
00:04:36
Blake's not answering his phone.
00:04:42
ANGIE: I was flipping out.
00:04:44
I know my son.
00:04:45
And I know my son
will pick up my phone
00:04:47
call at every phone call.
00:04:48
So I felt in my gut
something was wrong.
00:04:52
KATHERINE: I got
to Blake's house.
00:04:54
There was a whole bunch cops
and ambulances down the street.
00:04:57
ANGIE: I talked to
an officer, but I
00:04:59
was denied any
information, or if it
00:05:01
had anything to do with my son.
00:05:05
Somebody said five of teenagers
had broke into a home,
00:05:09
and that my son was involved.
00:05:13
The next thing I find out
is pretty much that two
00:05:15
of the kids had been shot.
00:05:18
One was alive, and one was dead.
00:05:22
I didn't know if it
was my son that w--
00:05:27
was gone.
00:05:28
Which passed.
00:05:32
KATHERINE: Angie
left to the hospital
00:05:34
to see if Blake was there.
00:05:36
And an officer
showed up and said
00:05:39
that we had to talked
to Officer Price, which
00:05:41
was the homicide detective.
00:05:42
So at that point, we
were all, oh my gosh.
00:05:44
Like, something really
bad has happened to Blake.
00:05:48
ANGIE: On the way
to the hospital,
00:05:50
the police station called me.
00:05:52
They had Blake.
00:05:53
He had been shot in
somebody else's home.
00:05:56
And so I went to the
Elkhart Police station.
00:05:59
I got questioned quite a bit.
00:06:00
I just kept asking
to see my son.
00:06:02
And at the time, he's 16.
00:06:04
I should've been
able to see him.
00:06:06
They wanted me to sign the
paper to have him questioned.
00:06:09
And they told me that they
were charging him with murder.
00:06:15
KATHERINE: The first person
that Blake called was me.
00:06:19
He called me, and
he was bawling,
00:06:22
talking about how he messed up.
00:06:23
And he wishes that he
had never done anything.
00:06:26
He was just sobbing.
00:06:30
[somber music]
00:06:57
MALE REPORTER 1:
Prosecutors announce four
00:06:59
men are facing murder charges.
00:07:01
And Judy, why are
these men being charged
00:07:03
with murder when they
didn't pull the trigger
00:07:05
that killed their friend?
00:07:06
FEMALE REPORTER 1: Well,
Brian, the prosecutor
00:07:08
made it very clear today.
00:07:09
Under Indiana law, when you're
in the midst of engaging
00:07:12
in criminal behavior
and someone is killed,
00:07:15
murder is an available charge.
00:07:17
It sends a strong message
to criminals here that crime
00:07:20
will not be tolerated.
00:07:25
[bell chimes]
00:07:52
We live day to day.
00:07:54
We live day to day, you know?
00:07:56
You-- you fill your
time out the right way.
00:08:00
You occupy your time
with the right things
00:08:04
and avoid the wrong.
00:08:06
You know, it's prison.
00:08:07
You're surrounded by
negative all the time.
00:08:10
Be a light in the
dark, you know?
00:08:12
Be the one that's different.
00:08:15
It's hard.
00:08:18
It's been nine months
already, and I'm
00:08:20
still waiting on my trial.
00:08:24
I mean, you don't get to
physically see your family,
00:08:27
you know?
00:08:28
You're talking to
the only people that
00:08:30
are there for you over a phone.
00:08:33
Over a screen.
00:08:36
And it's tough.
00:08:38
You're in this big
place all by yourself,
00:08:42
and you can't even give your
mom a hug, or your girl,
00:08:46
or-- nothing.
00:08:55
I wasn't a bad kid.
00:08:59
I made mistakes.
00:09:00
Every kid does.
00:09:05
Tried to play sports
when I was younger.
00:09:06
Didn't really like it.
00:09:07
Didn't do it.
00:09:08
MAN: Come on, Blakey.
00:09:11
Come on, Blakey-bloo.
00:09:15
[chuckles]
00:09:16
When I got older, started--
00:09:19
tried getting high,
stuff like that.
00:09:23
Just kind of started
hanging out with, you know,
00:09:25
guys that were
doing I was doing.
00:09:27
So that's all we did, you know?
00:09:29
Kicked it and got high.
00:09:36
That day, I was with Anthony,
Jose, Levi, and Danzele.
00:09:43
I had known most
for a long time.
00:09:45
All good friends.
00:09:47
I don't know why we
decided we were going
00:09:48
to break into somebody's house.
00:09:50
I think it was money.
00:09:51
Probably to get higher.
00:09:52
I don't know.
00:09:54
We knocked on people's houses,
see if anybody was home.
00:09:56
One house had dogs or something.
00:09:57
I don't remember.
00:09:59
And then pretty sure it was
Jose that said something
00:10:03
about the house across the
street, not being there a lot,
00:10:06
and at work.
00:10:08
So we knocked on that door.
00:10:11
Nobody picked up.
00:10:13
And, you know, in our heads,
that meant no one was there.
00:10:16
At that point, Levi
decided to stay back
00:10:19
and kind of became the lookout.
00:10:24
And kind of want to say
Danzele kicked the door in.
00:10:26
We went inside.
00:10:27
And we weren't in there
probably a minute.
00:10:29
Not very long at all.
00:10:31
There was a wallet and a watch.
00:10:33
I just grabbed it.
00:10:35
And that's when the
homeowner had come downstairs
00:10:38
and began shooting.
00:10:41
We're all in a bedroom.
00:10:43
And we turned around and
run back in a closet.
00:10:47
I didn't know I'd got shot
until I grabbed my leg
00:10:51
and it started hurting.
00:10:51
And I realized, oh, yeah.
00:10:54
I was shot.
00:11:01
And then I noticed that
Danzele was kind of falling.
00:11:05
And I kind of looked over,
and I seen on his chest
00:11:07
that his sweater was all red.
00:11:12
And then it kind of clicked in
my hand, like, oh, you know,
00:11:14
he got shot.
00:11:17
I tried to pull
him in the closet,
00:11:19
and I felt the blood on my hand.
00:11:24
And that's when he had died.
00:11:42
CURTIS HILL: The law is
quite clear that if one
00:11:46
engages in a felony--
00:11:48
and particular
felony, burglary--
00:11:50
and, during the commission
of that burglary, someone
00:11:54
dies as a result, that we
can charge felony murder.
00:11:58
To the future criminals,
that message is, gee,
00:12:00
if you go breaking
into somebody's house
00:12:03
and somebody dies as a result,
Elkhart County is going
00:12:06
to hold you up for murder.
00:12:08
And I think that's an
important standard to have.
00:12:18
ANGIE: They're
going to be raised
00:12:19
with criminals for years.
00:12:21
If they're gonna put them
with that kind of time,
00:12:23
they're going to go to
the worst of the worst.
00:12:25
[inaudible]
00:12:26
Because they're max security,
because they're murderers.
00:12:29
That just makes me so
sick to my stomach.
00:12:33
TAMMY: That's too much.
00:12:34
I get myself--
00:12:36
ANGIE: That's why we've
got to keep things going.
00:12:38
It helps.
00:12:39
But we need to do a
recent summary of the case
00:12:44
and what has
happened to put on--
00:12:46
Update the flyers,
I was thinking.
00:12:48
That's what I
was thinking, too.
00:12:49
I was like, I need to
go through there and--
00:12:50
We don't want to
draw it all out either,
00:12:51
because they did commit
a crime, and they
00:12:53
deserve to be punished.
00:12:54
Oh, definitely.
00:12:56
It's not like we're just
trying to get out of it.
00:12:57
We know Blake did
wrong, and we know that he
00:13:00
broke into that man's house.
00:13:02
But charge him with what he did.
00:13:04
Charge him for the breaking
and entering, even burglary.
00:13:07
It's a six- to 20-year
sentence for these kids.
00:13:10
Felony murder is stretching.
00:13:12
It's cruel punishment
to these teenagers.
00:13:16
The felony murder rule, it's
just-- it's very outdated.
00:13:20
You don't have to prove
an intent to kill any--
00:13:22
I mean, you don't even
actually have to do the murder
00:13:24
to be charged with it.
00:13:25
I just think that's ridiculous.
00:13:28
All they have to do is prove
that you were in the commission
00:13:32
of the alleged crime.
00:13:35
That blew me away, and I've been
dealing with the legal system
00:13:37
for years.
00:13:38
They caught me
completely off guard.
00:13:42
[guitar music]
00:13:53
ANGIE: The day before
our trial was beginning,
00:13:54
I had myself prepared
for the worst.
00:13:57
Prepared for a guilty
verdict of felony murder.
00:14:00
But as I went through the
trial, and the week, and I--
00:14:06
I thought, if anything,
them 12 jurors--
00:14:08
somebody was going to decide
not to send these boys away
00:14:10
for the rest of their lives.
00:14:15
It seemed like we
had a nice juror.
00:14:17
It would've been
fair and decent.
00:14:19
There was like eight
females, four males.
00:14:22
Some of them a couple
schoolteachers.
00:14:23
I just-- I just had big
hope that these people
00:14:26
would not charge these boys
with something they didn't do.
00:14:31
KATHERINE: I got
Blake's hopes up because
00:14:33
of how good trial was looking.
00:14:36
We were talking on
the phone those days
00:14:37
like, man, we got this case.
00:14:39
Like, we're going to win.
00:14:40
You're going to come home.
00:14:41
You're going to get
charged with burglary.
00:14:44
As we sit here today,
we have the death
00:14:45
of Danzele Johnson, which
is absolutely unvindicated.
00:14:49
Not one of them truly did
accept responsibility.
00:14:53
You know, our laws do not
come close to addressing
00:14:56
what a violent attack-- a
burglary-- is on your home.
00:14:59
I mean, where do our
children feel safe?
00:15:01
They feel safe in their beds.
00:15:02
And they don't think that people
are going to violate that,
00:15:05
and yet that's exactly
what happened here.
00:15:11
CURTIS HILL: Everybody is
entitled to their opinion.
00:15:12
That's what this American
system is all about.
00:15:15
I'm not here to
address concerns.
00:15:17
Certainly anyone who's
involved in the case
00:15:20
from a family standpoint,
this is a tough day.
00:15:23
But whatever the jury
decides, we live with.
00:15:31
ANGIE: At about
10 till midnight,
00:15:33
they came back with a verdict.
00:15:35
And as soon as I sat down
and they brought the jurors in,
00:15:39
I felt it in my stomach.
00:15:43
I just remember, basically,
when they read the verdict,
00:15:48
them saying Anthony's name.
00:15:51
Hearing all three guilties.
00:15:52
And Blake stood up.
00:15:55
He looked back, and his
face was just full of tears.
00:15:59
Like, his face was all droopy.
00:16:02
And I don't remember
seeing anything else.
00:16:04
[somber music]
00:16:49
[sobbing]
00:16:50
I wish that there
would have been
00:16:52
a different outcome because
they did not commit a murder.
00:16:55
They did not pull that trigger.
00:16:58
CURTIS HILL: That's
a tough message.
00:16:59
But it's the right
message, because we
00:17:00
have to take a
position that when
00:17:02
you break into
someone's home, you
00:17:04
have to be held accountable.
00:17:05
It's certainly a verdict
that I think is appropriate.
00:17:10
MALE REPORTER 2: Now an update
on a deadly Elkhart county home
00:17:13
invasion that took place last--
00:17:14
FEMALE REPORTER 2: --weekend.
00:17:15
And Kelly, those boys
will likely end up serving
00:17:17
half their sentences, if that.
00:17:18
FEMALE REPORTER 3: --because of
day-for-day credit in Indiana.
00:17:21
The judge also recommended
drug counseling
00:17:23
for the three of them since they
were high on marijuana the day
00:17:26
the home invasion happened.
00:17:28
But their fight isn't over.
00:17:29
FEMALE REPORTER 4: Now,
this whole case has been
00:17:30
going on for about 10 months.
00:17:31
Is there any word the
families will appeal?
00:17:32
FEMALE REPORTER 5: They plan
to fight this until the end.
00:17:34
So that could mean appeals.
00:17:35
FEMALE REPORTER 4: All right.
00:17:36
Tricia Harte, live
from the newsroom.
00:17:37
Thank you.
00:17:45
We'll never get
this puzzle done.
00:17:46
[chuckle]
00:17:50
Curtis Hill can't catch a
real murderer in Elkhart.
00:17:53
So he's got to go and
make stats for himself.
00:18:01
I've always loved
the United States.
00:18:02
I've always had pride
in the United States.
00:18:05
But this is not just.
00:18:07
That makes you wonder,
is this the right place
00:18:10
to raise my family?
00:18:14
You break into a home
that you think is empty.
00:18:17
You don't have any weapons.
00:18:19
You retreat the entire time
when somebody comes in.
00:18:23
How can the United
States put some--
00:18:26
a child, no less--
00:18:28
not an adult, but a child--
00:18:30
in prison for that
amount of time?
00:18:32
To completely destroy their
life, their family life?
00:18:36
And I understand that this
child should be punished.
00:18:39
There's no doubt in my mind that
that child should be punished.
00:18:42
But--
00:18:43
People that actually
kill someone--
00:18:44
Yes.
00:18:45
--are getting less time than--
00:18:46
Are getting less
time than-- than this
00:18:48
child that made a bad choice.
00:18:51
And he needs to learn from that.
00:18:52
But--
00:18:53
It wasn't murder.
00:18:54
It was not murder.
00:18:57
I mean, I can't even get
on the internet sites
00:19:00
where there's a story
about this because people
00:19:02
make me sick with the way
they're "lock these thugs up.
00:19:05
They deserve
everything they get."
00:19:06
You don't know these kids.
00:19:08
They're not gang members that
have been running the street.
00:19:10
This is his first offense.
00:19:27
ANGIE: This case has already
cost us a lot of money.
00:19:30
Paid our first lawyer 15,000.
00:19:33
And now we're starting
all over for the appeal.
00:19:37
We have to find a new lawyer,
which is probably going
00:19:39
to cost more than that one did.
00:19:41
So we're having prayer
rally-slash-cookout.
00:19:45
We're supplying the meat.
00:19:46
Everybody's [inaudible] inside.
00:19:47
We'll have a jar out there.
00:19:49
We're gonna try to raise
more money for the appeal.
00:19:52
It's going to be a
long, expensive process.
00:19:55
RICK: I want to thank
each and every one of you
00:19:56
for your support.
00:19:58
We appreciate
everything you've done.
00:20:01
Appreciate you
coming out here today
00:20:02
to enjoy this beautiful
Labor Day with us.
00:20:05
And we would like to
give something back now
00:20:10
and give some thanks
to the Good Lord.
00:20:12
I ask, Father, that You
look over these young men
00:20:16
and give them the strength
and courage they need to lead
00:20:19
others in hopes that
they can be a light
00:20:21
in a dark place,
Father, and that they
00:20:23
can lead others to You.
00:20:24
In Jesus precious name we pray.
00:20:26
Amen.
00:20:27
[phone rings]
00:20:29
You guys ready for
some kickball or what?
00:20:30
[laughter]
00:20:31
Hello?
00:20:34
What's up, son?
00:20:35
We got a lot of people out
here that showed up, man.
00:20:38
A lot of people showed
up here to support
00:20:40
you now and the cause.
00:20:44
It's going to seem worse,
but it'll get better.
00:20:47
You know?
00:20:51
[inaudible] I'm-- I'm gonna
put you on with Katherine, OK?
00:20:55
She's-- she's mugging me.
00:20:57
KATHERINE: No, I am not.
00:20:58
She hasn't took
her eyeballs off me.
00:21:00
All right, son.
00:21:01
I love you, Blake.
00:21:02
Keep your head up.
00:21:06
Hello?
00:21:12
RICK: I missed a big
part of Blake's life
00:21:16
that I've spent in prison.
00:21:19
They call it the
Department of Corrections,
00:21:22
but there's not much--
00:21:24
it's not really set
up to correct anybody.
00:21:28
Most of the people I know
that have spent time--
00:21:29
long, long prison terms--
00:21:34
don't come out much
better than what
00:21:36
they were when they went in.
00:21:39
There's no preparing
yourself for that.
00:21:41
But I try to talk
to him and prepare
00:21:43
him to be ready to deal with
what he's going to experience.
00:21:54
He's a strong kid.
00:21:56
And I know he has
the right intentions,
00:21:57
and I know he'll
do the right thing.
00:22:00
But I'm scared for him.
00:22:02
I-- I just can't--
00:22:07
I can't even find the words.
00:22:08
I don't--
00:22:21
I don't want him to experience
the things I experienced
00:22:25
and make the choices I made.
00:22:27
I wish I could, you
know, push a button
00:22:29
and make all this go away.
00:22:31
Or go with him and protect
him every step of it.
00:22:43
I'm home, and our
family's reunited,
00:22:45
and we're all together.
00:22:46
It's what we've
all always wanted,
00:22:48
and he's been taken away.
00:23:13
A long time ago,
all I remember
00:23:15
is watching "Cops"
on TV and, like,
00:23:20
seeing them help their community
and all other things that
00:23:24
come along with being a cop.
00:23:25
I wanted to be a part
of that, you know?
00:23:27
I wanted to be helping people
and putting the bad ones away
00:23:31
and, you know, all that.
00:23:33
I was actually getting
law enforcement
00:23:34
credits at the career center.
00:23:36
And then, in the middle of
all that, Blake got arrested.
00:23:42
At first, I didn't really talk
about it with a lot of people
00:23:44
because most of
it was, you know,
00:23:47
you're stupid for
staying with him.
00:23:49
And so I didn't really talk
about it law enforcement class.
00:23:52
But when I did, it just
made me want to cry.
00:23:56
Like, it was bad.
00:24:11
They were just thugs, and they
deserve to be where they are.
00:24:13
And if they get life,
well then, so be it.
00:24:16
That was just a lot
for me, especially
00:24:19
since I've been dating
this kid for, like, a year.
00:24:21
And everybody
knows, and they just
00:24:23
still decide to talk about it.
00:24:26
It was hard.
00:24:28
I just don't feel
like I could ever
00:24:30
be a part of law enforcement.
00:24:33
I know I should have pursued
it and made a change.
00:24:37
But there was just
something about it
00:24:39
that I just cut everybody off
00:24:50
ANGIE: Destiny, what
are you studying?
00:24:52
Triangles.
00:24:53
Oh, I seen that
you were looking
00:24:54
triangles up on the iPad.
00:24:56
Oh, yeah.
00:24:57
You must've been having
trouble with your homework.
00:25:00
This is confusing.
00:25:04
90 plus 26.
00:25:08
That's two angles.
00:25:10
This whole situation was
really, really hard for Destiny.
00:25:14
When she was born,
she was diagnosed with
00:25:17
an astrocytomas brain tumor.
00:25:20
They say that it
was not operable.
00:25:22
It spread out.
00:25:23
It's not like a one-spot tumor.
00:25:25
It's different spots
all over the brain.
00:25:29
The doctors were saying
she was going to be blind.
00:25:31
You know, they thought
she probably wouldn't even
00:25:33
make it till five.
00:25:35
She started chemo right away.
00:25:37
She's been through a few rounds
of chemo through the years.
00:25:39
What time is it?
00:25:40
[inaudible]
00:25:41
I don't know, but we can go.
00:25:44
Yeah, 8:24.
00:25:46
But she pretty much quit when
this all happened with Blake.
00:25:49
That was her rock.
00:25:51
Blake did a lot.
00:25:52
He went to chemo.
00:25:53
Did the medicine with her
in the middle of night.
00:25:56
Very involved with Destiny.
00:25:57
So when this situation
happened, she
00:25:59
refused to take chemo pills.
00:26:01
She just stopped.
00:26:04
So we had to have a
meeting at the hospital
00:26:07
with the nurse, the doctor.
00:26:09
We all discussed what
to do in the situation,
00:26:12
and we chose to let
her take a break.
00:26:16
So she has been
totally off everything.
00:26:18
But she still has
the brain tumor.
00:26:22
Every three months,
we go to the hospital.
00:26:24
Get an MRI check on it, make
sure it's not growing any.
00:26:29
Unfortunately, we kind of
got a little rough news
00:26:31
that there was a little bit
of color difference, which
00:26:34
means that it could be active.
00:26:36
But we're going
to just watch it,
00:26:37
and hopefully we'll
just stay on break,
00:26:39
and we won't have to [inaudible]
00:26:40
Oh, I'm late.
00:26:41
I'm getting out of the car.
00:26:42
ANGIE: All right.
00:26:43
I love you.
00:26:44
DESTINY: I'll probably
never see you again.
00:26:45
ANGIE: Destiny!
00:26:47
All right, I'll be here at
what time, um, to pick you up?
00:26:50
Oh my gosh.
00:26:52
I love you!
00:26:54
DESTINY: No, you don't.
00:26:54
ANGIE: [chuckling] Bye, Destiny!
00:27:15
Son?
00:27:17
Come on, baby.
00:27:18
WOMAN: Do you want to try
and [inaudible] or no?
00:27:20
BOY: No, I'm good.
WOMAN: Do you want to light his?
00:27:20
BOY: No, I'm good!
00:27:22
It may go out of the way, but
we'll relight it if it does.
00:27:56
ANGIE: We just want to remember
the day there was a life lost
00:27:59
here, and a young man too soon.
00:28:02
Way too soon.
00:28:04
Danzele's mom will never
be able to hug him again.
00:28:07
BOY: Amen.
00:28:08
WOMAN: Amen.
00:28:09
Amen.
00:28:11
BOY: If we could all just
bow our heads for a minute.
00:28:13
Dear Heavenly Father, we
come to you on this holy day
00:28:16
just to ask for
Danzele's family.
00:28:20
Let their grief be short,
and just let them know
00:28:22
that he's in a better place.
00:28:23
We come here not only
for the Elkhart four,
00:28:25
but know that there's another
angel up there in Your heaven.
00:28:29
And just help us push every
day to fight for what we know
00:28:31
is right.
00:28:33
And we thank you.
00:28:34
Son Jesus Christ precious,
holy name, we pray.
00:28:36
Amen.
00:28:37
CROWD: Amen.
00:28:59
Danzele's mother
had come to visit me.
00:29:02
I didn't know how the family
felt about what had happened.
00:29:05
You know, I didn't
know if she was going
00:29:07
to come up here and yell at me.
00:29:09
But she told me, thank you
for staying with Danzele
00:29:11
while everything was happening.
00:29:15
You know, he's 21 years old.
00:29:16
That's-- That's young.
00:29:18
He had so much life.
00:29:20
And now-- you know what I mean?
00:29:22
And I told his mom, when I
get out, I will not mess up.
00:29:27
I will do right.
00:29:29
Because I feel like I'm
doing it not only for myself,
00:29:32
but for Danzele as well.
00:29:34
Because he's not going to
get the chance, you know?
00:29:39
I mean, I feel bad every day.
00:29:41
I feel bad for the homeowner.
00:29:42
And I feel like a
lot of people don't--
00:29:45
really don't look at him.
00:29:49
He had all the right
to do what he did.
00:29:51
We were in the wrong 100%.
00:29:53
And I don't want him to
think anything different.
00:29:56
He did what he had to do.
00:29:58
That was our mistake.
00:30:00
I'm sorry he has to live with
that for the rest of his life.
00:30:05
[clank]
00:30:08
ANGIE: Destiny!
00:30:09
Destiny [inaudible]!
00:30:17
You excited to see your brother?
00:30:18
Mm-hmm.
00:30:19
ANGIE: Yeah?
00:30:21
- I get really anxious.
- Yeah.
00:30:23
KATHERINE: My stomach
starts to hurt,
00:30:24
like, right before we go in.
00:30:25
If I look good, or
if I look weird, or--
00:30:29
everything's gotta be right.
00:30:30
[phone rings]
00:30:32
Oh, this is one
of the boys now.
00:30:33
It's Anthony.
00:30:37
FEMALE VOICE (ON PHONE): Your
current balance is $10.17.
00:30:42
Hi, Ant!
00:30:43
Hey, Anthony.
00:30:45
DESTINY: Hi, Ant.
00:30:46
That was Katherine
and Destiny.
00:30:47
You're on speakerphone.
00:30:53
So how's it going?
00:30:54
You OK?
00:31:00
Watch your mouth!
00:31:02
[snickering] All you guys have--
your mouth has gotten bad.
00:31:08
Yeah, Katherine's being
a butthole because she
00:31:10
thinks that we're lost.
00:31:11
KATHERINE: What do you
mean, a "butthole"?
00:31:12
She's just driving straight.
00:31:14
We can be in freaking
California by now,
00:31:15
for all she knows, but no.
00:31:18
I'm kind of glad that I had
Blake first because now, having
00:31:21
a girl, because I have Katherine
now instead of Blake right now.
00:31:24
Whew!
00:31:25
So, what is wrong with you?
00:31:26
You're having chest pains?
00:31:32
Well, you need to
worry about it,
00:31:33
because that could be serious.
00:31:35
You probably should tell
the nurse or something.
00:31:41
No, you need to do that.
00:31:42
I'll-- I'll pay for it.
00:31:44
ANTHONY (ON PHONE) Aw, man.
00:31:45
ANGIE: I'm gonna pay for it!
00:31:46
You need to get it checked out.
00:31:47
It could be serious.
00:31:52
Much love, Anthony.
00:31:53
Bye!
00:31:56
You keep your head up you.
00:31:57
And you study for that test.
00:31:59
All right, love you.
00:32:02
Yeah, you too.
00:32:04
[music playing]
00:32:05
This is mine and Blake's song.
00:32:06
Oh, gosh.
00:32:08
[inaudible] on the way?
00:32:12
[chuckle]
00:32:15
[music continues]
00:32:57
KATHERINE: Blake told me that
you never put me through him
00:33:00
going to jail for 55 years.
00:33:03
But I have never resigned
about breaking up
00:33:08
because you've gotta stay
strong for each other.
00:33:14
ANGIE: Destiny.
00:33:18
Destiny, honey!
00:33:20
We're here.
We've gotta see your brother.
00:33:21
Come on.
00:33:30
Sweating?
You hot?
00:33:31
You nervous?
00:33:32
[laughs]
00:33:35
You're OK.
00:33:36
[chuckles]
00:33:38
You don't get to see him
every day, so I gotta look good.
00:33:41
It's like a date.
00:33:42
Yeah.
00:33:42
Every 14 days, huh?
00:33:44
With his mom.
00:33:48
[groaning]
00:33:54
Come on!
00:33:55
I can't feel my feet!
00:34:08
MALE REPORTER 3: The Elkhart
Four is now obviously
00:34:10
a big story in our area.
00:34:11
Very high profile.
00:34:12
FEMALE REPORTER 6: It's
been a controversial case
00:34:14
from the beginning.
00:34:16
ANGIE: I get aggravated
when people call them thugs,
00:34:17
because they're not thugs.
00:34:19
They made a bad choice at 16.
00:34:23
MAN: I think they did the
crime, they do the time.
00:34:26
JENNIFER: To be in jail
for that many years--
00:34:28
there was no murder.
00:34:30
People who murder
people get out in less
00:34:32
time than with these boys.
00:34:40
This sounds like the
courts approved some briefs
00:34:43
from the forensic court.
00:34:45
Sounds good.
00:34:48
TAMMY: Change.
00:34:49
You're clicking the wrong one.
00:34:50
The wrong button.
00:34:51
Thank you.
00:34:52
[awkward laugh]
00:34:54
TAMMY: "Appeals court
approved two supported briefs.
00:34:57
Several groups not
directly associated
00:34:59
with the Elkhart Four have asked
to file briefs in the appeals."
00:35:02
ANGIE: So these are
people that just
00:35:03
asked if they could
put their two cents in
00:35:06
and the judge approved it?
00:35:07
TAMMY: "Each of these
amicus are being filed
00:35:09
in support of Blake and Levi.
00:35:11
It is easy to guess that
they will be relying
00:35:13
on recent scientific evidence
differentiating the adolescent
00:35:16
from the adult brain to support
their submission to the court."
00:35:20
Huh.
00:35:21
So I'm assuming the judge
could say, no, they don't
00:35:24
have nothing to do with it?
00:35:26
But they're accepting it.
00:35:29
So I guess that's
really good news, yeah.
00:35:32
And I like this--
00:35:33
KATHERINE: Hold
on, he's calling.
00:35:34
Tell him I said hi.
00:35:36
BLAKE (ON PHONE) Blake.
00:35:37
OPERATOR: To accept
charges, press 4.
00:35:38
[beep]
00:35:39
Hello?
00:35:41
Hi.
00:35:45
Good morning.
00:35:46
ANGIE: Maybe we
should call the lawyer
00:35:48
and ask her these questions
about these updates.
00:35:51
TAMMY: All right.
00:35:52
She's usually really
good about letting us
00:35:54
know everything anyways, but--
00:36:01
We're bothering
her on a Saturday.
00:36:02
I know.
00:36:04
Probably if she doesn't want to
be bothered, she won't answer.
00:36:07
Kind of like [inaudible].
00:36:08
CARA (ON PHONE): Cara.
- Yeah.
00:36:09
Hi, Cara.
00:36:12
All right, fine.
00:36:13
I'll just buy myself a ring.
00:36:16
I'm just kidding.
00:36:17
Calm down.
00:36:19
I wish you were here.
00:36:24
TAMMY: We had some
questions on the appeals.
00:36:27
We've told you about the
blog for the Elkhart Four?
00:36:31
Let me just read you
a little bit of it.
00:36:32
"The Indiana Court of Appeals
approved the inclusion
00:36:35
of two amicus briefs submitted
by friends of the court,
00:36:38
supporting the appeals
filed by Blake Layman
00:36:41
and Levi Sparks for their 2013
felony murder conviction."
00:36:44
So I guess we're asking
exactly what does that mean?
00:36:46
That's a good,
good thing, right?
00:36:54
That's good.
00:36:56
CARA (ON PHONE): Yeah.
00:36:57
Are you hopeful at this point?
00:37:02
Hey, what time are
you gonna call me later?
00:37:05
10:00?
00:37:09
OK.
00:37:14
(ANGRILY) 10:30?
00:37:18
Oh.
00:37:20
Like, 4:00 and then 10:00.
00:37:30
[barking noises] [chuckle]
00:37:38
Oh, because he
wasn't a juvenile.
00:37:50
Right, right.
00:37:55
I'm just worried
about [inaudible]..
00:37:59
I feel like he's
getting left behind.
00:38:01
CARA (ON PHONE): Yeah.
00:38:03
I miss you, too.
00:38:04
Be good.
00:38:06
And keep your head up.
00:38:08
And call me at 4:00 or I'll
punch you in the nose, and OK.
00:38:10
OPERATOR: You have
one minute left.
00:38:11
I love you.
00:38:13
I miss you, too.
00:38:14
K, bye.
00:38:17
Love you.
00:38:18
I really--
00:38:19
I have a lot of faith in her.
00:38:20
I do too.
00:38:21
And she does sound
pretty confident.
00:38:22
I like that.
00:39:03
This is my first
visit right here.
00:39:07
It was the first time I
actually got to give Katherine
00:39:09
a hug in, like, a year.
00:39:11
Or a little over a year.
00:39:16
She's always been there for me.
00:39:18
And it helps so much to
look forward to that,
00:39:22
to have someone to call,
to have someone to talk to.
00:39:26
To even just, you know,
complain about your day,
00:39:29
or hear them complain
about their day.
00:39:32
And I want to show
her that, you know,
00:39:34
I really do mean when
I say, I really do mean
00:39:36
I want to be with you forever.
00:39:38
You know, I'm not--
00:39:38
not leading you on.
00:39:40
I'm not doing anything
like that, you know?
00:39:43
I proposed to her.
00:39:44
You know, I--
00:39:45
I kind of can't do it, you
know, the normal way in here.
00:39:47
But I called my
grandma and told her,
00:39:50
you know, hey, tell her you
got a T-shirt or something,
00:39:53
you know.
00:39:54
Have her come over
to the house, and you
00:39:55
give her this ring for me.
00:39:57
And I called her
later on that night.
00:40:00
Or I called her earlier that day
and told her, you know, like,
00:40:03
will you marry me?
00:40:04
And obviously she said, yeah.
00:40:32
Rick moved out.
00:40:36
It's just a lot of stress
on the relationship.
00:40:41
It was overwhelming for him.
00:40:43
You're locked up
for this many years,
00:40:45
and you get out to
your child locked up.
00:40:47
And now you're on
the other side, and--
00:40:49
where before, it was
always Blake visiting him.
00:40:55
We argued sometimes about money
because he didn't understand.
00:40:58
He didn't even know how
to control the lights
00:41:00
because he's never had to.
00:41:02
So, like, I would come home,
and every light in the house
00:41:03
would be on.
00:41:05
And I wouldn't complain
about it because I knew--
00:41:07
in the back of my head, I'm
like, gosh, that's because he's
00:41:08
been locked up for so long.
00:41:10
He didn't understand finances.
00:41:14
I think it was easier for him
to walk away and just leave
00:41:16
the situation and
not focus on what
00:41:20
I have to focus on every day.
00:41:34
How do you feel about your MRI?
00:41:35
Crappy.
00:41:36
Crappy?
00:41:38
Because I don't
want to go in there
00:41:39
and sit there for
an hour, and then
00:41:40
have to go to an
eye appointment.
00:41:42
You just don't wanna do it?
00:41:43
No.
I'm tired.
00:41:44
Me too.
00:42:02
I feel real nauseous.
00:42:04
Do you?
00:42:10
MAN: All right, sweetie.
00:42:12
I want you to just look
at the green line, OK?
00:42:16
Cool.
00:42:17
Now put your arm back
under this blanket here.
00:42:20
[inaudible] or anything, OK?
00:42:21
Thanks for doing
such a good job.
00:42:23
[inaudible] Oh?
00:42:36
Awesome.
00:42:38
Thank you.
00:42:39
WOMAN: You're welcome.
00:42:40
So close.
00:42:41
ANGIE: I wonder if that's Blake.
00:42:44
It is.
00:42:45
Uh.
00:42:47
DESTINY: Did he remember?
00:42:48
I don't know, maybe.
00:42:51
Hi, Son.
00:42:52
What's up?
00:42:53
How are you?
00:42:55
Yeah.
00:42:58
That's awesome.
00:42:59
Right, because Destiny
was like, did he remember?
00:43:03
Hello?
00:43:08
WOMAN: Hi, is Destiny in here?
00:43:10
ANGIE: Yeah, she's in here.
00:43:11
All right, I love you too.
00:43:14
All right, bye.
00:43:16
Let's check you out.
00:43:17
[inhales sharply]
00:43:21
Have you been feeling well?
- Yeah.
00:43:23
ANGIE: I'm sorry, Son.
00:43:24
I need to talk to the doctor.
00:43:25
I love you too, Son.
00:43:26
I miss you a lot.
00:43:39
MALE REPORTER 4:
Now, There's a battle
00:43:40
in Indiana for the job as
the state's attorney general.
00:43:42
FEMALE REPORTER 7: That's right.
00:43:44
Curtis Hill has prosecuted
cases in Elkhart County
00:43:46
since the early 2000s.
00:43:48
But he's looking to
start a new chapter
00:43:49
in his political career.
00:43:51
Hill argues the skills
for an Attorney General
00:43:53
are very similar to
that of a prosecutor.
00:43:56
There's fact finding in that.
00:43:57
There's investigation review.
00:43:59
There's a determination of
wrong conduct and right conduct.
00:44:02
And then you expand
that to an entire state.
00:44:05
And the idea is to
create a tenor of safety
00:44:10
for as many people as possible.
00:44:14
[gentle music]
00:44:57
WOMAN: Welcome, everybody.
00:44:59
This morning, normal
visitation rules don't apply.
00:45:03
So you can give your
welcoming hug and kiss,
00:45:07
and we'll get started.
00:45:08
I love you.
00:45:09
I love you.
00:45:11
All right, I want you
to look at your partner.
00:45:14
Look them square in the
eye, and just say, honey.
00:45:16
Honey.
00:45:17
MAN: Let's talk.
00:45:18
Honey, let's talk.
00:45:20
What does good
communication look, like?
00:45:22
Just brainstorm
that for a minute.
00:45:24
What's that say?
00:45:26
Listening and understanding.
00:45:27
WOMAN: How much do you care--
00:45:28
truly care-- about
that individual
00:45:30
that you have to put
somebody down like that.
00:45:35
When we talk about putting
down, how do you think
00:45:37
it affects your physical state?
00:45:41
[mellow music]
00:46:24
It's hard not to
get discouraged.
00:46:27
I don't want to forever be
labeled a murderer because when
00:46:31
I got out to get a job,
they look up my background,
00:46:34
and it's going to say murder.
00:46:35
It's not going to
say felony murder
00:46:36
and tell them all about my case.
00:46:38
It's going to say murder.
00:46:41
Not a lot of people
will look over that.
00:46:50
My earliest possible release
date is April 3, 2040.
00:46:56
That's my earliest
possible release date.
00:47:01
I don't think it takes 27 year--
00:47:03
27 and 1/2 years to figure
out, OK, I fucked up.
00:47:06
OK, I need to change my
mindset to be better to change
00:47:10
and succeed in society.
00:47:12
Become something.
00:47:15
For me, I know it
didn't take that long.
00:47:18
Hell, I feel like I'm ready now.
00:47:23
I've been down here two years.
00:47:26
I'll do some more time
on top of it, though.
00:47:29
I committed a crime.
00:47:30
I'll sit here, you know?
00:47:30
That's part of the consequences.
00:47:32
But 20-something years?
00:47:35
You know, I feel like that
takes away from the things
00:47:39
that you decided you
were going to change.
00:47:41
And you're surrounded
by negative.
00:47:43
You're surrounded by fighting.
00:47:45
But you have to continue
to keep a good mentality,
00:47:48
like, OK, I can do better.
00:47:50
I can still become
something in life.
00:47:53
I imagine myself in an
apartment, you know?
00:47:56
Hell, probably with
a kid, you know?
00:48:01
This is where I am.
00:48:05
It's sad and it sucks.
00:48:19
Over time, they just
kind of wear you down
00:48:21
and wear you down.
00:48:22
Your visit's here.
00:48:23
OK.
00:48:24
Thank you.
00:48:37
That's one of my biggest
fears, is it's going to like--
00:48:39
it messing up my mindset, and
I have less regard for getting
00:48:43
in trouble from now on.
00:48:45
And then letting my family down.
00:48:47
And that's not
what I want to do.
00:48:51
We're good?
00:48:52
Yep, you're good.
00:48:54
They're there for
me, and I need to--
00:48:56
I need to continue to prove
to them that I'm doing right.
00:49:01
Baby bird.
00:49:02
Baby bird!
00:49:03
Aww.
00:49:04
Yup.
00:49:19
You know, you had many
a boyfriends before Blake
00:49:22
that I did not like,
did not care for.
00:49:25
They were completely
unrespectful.
00:49:29
And Blake came in here
day one, and I told you
00:49:32
the first day that I liked him.
00:49:33
And he's got a
really good heart,
00:49:35
and he made a bad mistake.
00:49:38
And the last thing he
needed was for people
00:49:39
to walk away from him.
00:49:42
He deserves a second
chance, just like everybody
00:49:44
deserves a second chance.
00:49:46
And we're very proud
for sticking with Blake,
00:49:49
because, you know, he's a good
kid that does not deserve this.
00:49:53
JENNIFER: Yes, he
was a good kid.
00:49:54
And we are going to fight.
00:49:56
We are going national.
00:49:57
We are going to get all
the research that we
00:50:00
can on all the other cases.
00:50:03
And I'll always
be Blake's friend.
00:50:04
And I'll always have a
place in my heart for Blake.
00:50:08
But do I think that I
want you to spend 45 years
00:50:15
holding your life for Blake?
00:50:16
RICK: No.
00:50:17
No.
00:50:19
That's not what I want.
00:50:22
Take his phone calls.
00:50:23
Be his friend.
00:50:24
Hold his hand.
00:50:26
Never stop being
that boy's friend.
00:50:30
But you're going to have
to move on with your life.
00:50:35
You can't wait 40 years.
00:50:38
You know that.
00:50:55
Obviously, Katherine is
very passionate about Blake
00:50:58
and loves Blake with
her entire heart.
00:51:02
So it was an extremely
difficult conversation.
00:51:06
But I felt that,
as a mother, I need
00:51:08
to make sure that
she's OK, because she's
00:51:11
obviously my number one.
00:51:14
Also, I wrote a letter
to Blake and asked
00:51:18
him to let her go because
it's not fair to her
00:51:22
for him to expect
her to stay with him.
00:51:26
But he had no intentions
of letting her go either.
00:51:32
MALE REPORTER 5: The
Indiana Supreme Court
00:51:33
is pushing back an
appeals hearing for three
00:51:35
of the so-called Elkhart Four.
00:51:37
The court was scheduled to
hear arguments this Wednesday
00:51:40
in the appeal of Blake Layman,
Levi Sparks, and Anthony Sharp.
00:51:43
It will now take place
in late February.
00:51:46
Defense attorneys
will have 20 minutes
00:51:47
to explain why the
court should toss out
00:51:50
their felony murder
convictions, or at least
00:51:51
lessen their sentences.
00:52:11
Hearing that appeal didn't
go through was extremely hard.
00:52:16
Times are hard right now.
00:52:17
There's a lot of
money going out.
00:52:21
We actually had to get a loan.
00:52:23
It's been a long process.
00:52:25
And Blake still does
need to be taken care of.
00:52:28
I know some people
say, well, he's fine.
00:52:29
They don't need money.
00:52:30
Well, they don't-- yeah, they
get their three meals a day.
00:52:33
Do they have enough
hygiene to last?
00:52:35
No.
00:52:36
Do they get paper for free?
00:52:37
No.
00:52:38
You know, they
need all that too.
00:52:41
So I still have to take
care of Blake also.
00:52:48
Unfortunately, we can
see him every two weeks,
00:52:50
but I've had to postpone
every two weeks.
00:52:53
I can't afford to do every
two weeks, unfortunately.
00:52:58
I have a used
vehicle that's older.
00:53:00
And we did have the incident
of going to see Blake,
00:53:04
and the vehicle breaking down.
00:53:06
And we're, you know--
00:53:07
I mean, to get stranded
in Indianapolis.
00:53:08
There's a lot of risk, too,
of driving 4 and 1/2 hours.
00:53:13
It's really hard, because
I'd be there every two weeks.
00:53:15
And if we lived close, we'd
be there every two weeks.
00:53:19
And so that's kind of
upsetting sometimes, to know--
00:53:22
I mean, there's been
times where I didn't
00:53:23
even have money on my phone.
00:53:24
And when he calls,
that's heartbreaking,
00:53:26
knowing I can't answer
the phone because I
00:53:28
don't have money on the phone.
00:53:29
It's very heartbreaking.
00:53:31
And same with other boys.
00:53:33
It's like, you know,
Anthony calls a lot.
00:53:35
And it's hard for me all the
time to answer his phone call.
00:53:38
Sometimes I just don't have the
money to answer it, you know?
00:53:46
How much was that bag of candy?
00:53:48
Um, $3, because it was--
00:53:51
So doing this for another
year or so to see if we can
00:53:54
get in front of the
Indiana Supreme Court
00:53:56
is not going to be easy.
00:53:57
Take care.
00:53:58
CLERK: You too.
00:54:02
[slow guitar music]
00:55:17
[cheering]
00:55:40
My parents struggle
a lot with the fact
00:55:43
that I was going to stick
with Blake no matter what.
00:55:47
I mean, they want me happy.
00:55:58
But Blake's not my friend.
00:56:00
I want him to be my husband.
00:56:05
And I would never give that up.
00:56:11
JENNIFER: Letting her stick
by him was really hard.
00:56:15
But the two of them are going to
get married, whether we want it
00:56:19
or not.
00:56:20
So you just decide that you're
going to do what you want,
00:56:25
and we're going to be right
here beside you, whether we
00:56:28
agree with it or not.
00:56:30
And I do feel, someday,
he'll be my son-in-law.
00:56:36
And I'm OK with that.
00:56:50
Blake won me this
at the Indiana Beach.
00:56:55
JENNIFER: This found
some stuff up there.
00:56:59
Alcohol stashed up there.
00:57:01
Busted!
00:57:02
I guess that's what
happens when you move.
00:57:04
You find things that
you forgot where there.
00:57:22
Moving out of my parents'
house is a big step.
00:57:26
Blake, I suppose, would
be doing this too.
00:57:29
A step I wish I didn't
have to be taking alone.
00:57:31
But maybe he'll be there when
I graduate college, and--
00:57:35
you know.
00:57:36
So there's always something
else to look forward
00:57:37
to that he can be there for.
00:57:40
That's my motivation, basically.
00:57:43
Get through this just to get
him home and start my life.
00:58:04
The greatest equation.
00:58:05
All of love in the world
plus compassion and trust
00:58:09
times infinity divided by you
and me minus where I'm at now
00:58:14
equals Blake and Katherine
Layman forever and always.
00:58:18
That's cute.
00:58:20
I got that back when
he was in County.
00:58:22
Got a lot of stuff.
00:58:29
MALE REPORTER 6: Tonight,
major new developments.
00:58:31
MALE REPORTER 7: The Indiana
Supreme Court will hear
00:58:33
arguments this Wednesday
in the appeal of three
00:58:34
of the so-called Elkhart Four--
00:58:37
Blake Layman, Levi
Sparks, and Anthony Sharp.
00:58:47
JENNIFER: Hi.
00:58:49
Scared?
Nervous?
00:58:50
KATHERINE: Yeah.
00:58:51
See what happens.
00:58:53
So, in the morning--
00:58:55
I mean, I figure we should
be up by at least 5:00
00:58:58
and on the road no
later than 6:30.
00:59:01
KATHERINE: Tomorrow, I'm
going into the Supreme Court.
00:59:03
Not really sure what to feel.
00:59:05
I mean, the worst
scenario could be
00:59:09
them sticking with
a felony murder law
00:59:11
and him doing 45 years.
00:59:14
Or he could be coming home.
00:59:16
They could just
dismiss the case, and--
00:59:19
so I don't know what to feel.
00:59:22
I'm trying not to
get too excited.
00:59:24
[guitar music]
00:59:43
ANGIE: We are going
in front of the judge.
00:59:44
And our lawyers are going
to argue our point of why
00:59:47
felony murder
should not have been
00:59:49
applied to the Elkhart Four.
00:59:53
The felony murder rule
is very controversial.
00:59:56
From state to state,
it changes the wording.
00:59:59
It's not very clear on
who should be charged,
01:00:01
who shouldn't be.
01:00:02
Should we charge
juveniles, should we not.
01:00:04
And in the Elkhart case, I
think a big part would be
01:00:07
there was no intent for harm.
01:00:09
There was no weapons involved.
01:00:16
KATHERINE: I don't
know whether to be
01:00:17
excited or scared or
nervous or throw up.
01:00:23
It can go anywhere.
01:00:30
They might not drop everything
and be like, OK, you can go.
01:00:34
But I have faith that my
years will get dropped
01:00:37
to something a lot less.
01:00:43
Can you explain to me, like,
exactly what this court can do?
01:00:45
They're going to
grant or deny transfer.
01:00:47
And then if they take it and
say, this is not felony murder,
01:00:52
then it goes back to juvenile
court, in Blake's case.
01:00:55
We're hoping that
the Supreme Court will
01:00:57
drop to felony murder
ruling against them
01:00:59
and charge them with the crime
that they actually did commit.
01:01:15
LORETTA RUSH: I'm
looking forward
01:01:16
to hearing the argument.
01:01:18
The appellants are
Blake Layman, Levi
01:01:21
Sparks, and Anthony Sharp Jr.
01:01:24
Indiana's felony
murder statute
01:01:25
uses the action
verb "kills," and it
01:01:28
refers back to the felon.
01:01:30
So it's the felon who
must do the killing.
01:01:32
Not the victim of
the original crime.
01:01:34
Not the victim,
Your Honor, yes.
01:01:36
And then we have the question
of whether this is even felony
01:01:38
murder as a matter of law.
01:01:41
You can kill by causing death.
01:01:44
You don't have to
pull the trigger.
01:01:46
You have to cause death.
01:01:47
And if you cause death by
plunging a knife in someone's
01:01:50
breast, yes, you've murdered.
01:01:51
If you cause death by not
warning someone the bridge is
01:01:54
out, you've killed.
01:01:56
They did try to target a house
that they thought was empty.
01:01:59
They went in unarmed.
01:02:01
They were trying
to limit the harm.
01:02:03
PROSECUTOR: They weren't
trying to avoid it.
01:02:05
If they were trying to avoid
it, they would've stayed home.
01:02:08
16-year-olds are old enough,
at least, to know this much--
01:02:11
that if you burglarize someone's
home in a way that makes
01:02:14
them fear for their life, then
you are guilty of felony murder
01:02:17
if a death results.
01:02:23
FEMALE REPORTER 8:
The Indiana Supreme
01:02:24
Court did not decide if it
will hear Blake Layman's case.
01:02:28
Just simply heard arguments.
01:02:30
No timetable for a
decision has been released.
01:02:32
We'll continue to
watch for developments.
01:02:55
[television chatter]
01:03:00
I don't like being alone.
01:03:02
It's boring.
01:03:04
Sad.
01:03:10
I work a full-time
job, [inaudible] doors.
01:03:13
And they'll come
off the machine,
01:03:14
and I catch them and
place them on the skid,
01:03:17
and take the skids
over to shipping.
01:03:21
But even though I'm
working a full-time job,
01:03:25
I can't really go
out and do things
01:03:27
like I used to be able to
because I don't have the money.
01:03:31
I pay rent.
01:03:33
Truck payment.
01:03:35
And then, on top of that, I
have Blake, which is about $500
01:03:39
a month.
01:03:40
I mean I spend commissary,
gas to get there, phone calls.
01:03:47
It costs $3 a phone call, and
he calls me three times a day.
01:03:51
So it's a lot of money.
01:03:53
And then I get on
Facebook and I'll
01:03:54
see my friends start families
and go off to college,
01:03:58
move to California, and
me being kind of stuck.
01:04:03
This is definitely not
the life that I expected I
01:04:05
would have when I was littler.
01:04:07
[slow guitar music]
01:04:57
Thank you.
01:05:00
Thank you.
01:05:01
Thank you.
01:05:03
[sigh] Go ahead.
01:05:06
Oh my god.
01:05:11
Oh my goodness.
01:05:14
They're going to be so happy.
01:05:16
Them boys are going
to be so hysterical.
01:05:21
[inaudible] known that
graduation day, though.
01:05:22
Right?
01:05:23
I know.
01:05:24
The same day.
01:05:26
Same day.
01:05:27
How-- yeah.
01:05:29
So exciting.
01:05:33
Don't think he's here yet.
01:05:34
I don't see Levi or him.
01:05:38
The Supreme Court overruled.
01:05:40
The Supreme Court
has overruled our case.
01:05:41
And he doesn't know
he doesn't know yet.
01:05:42
ANGIE: He doesn't know.
01:05:43
Shh.
01:05:45
Oh my god, I'm gonna pass out.
01:05:49
So excited.
01:05:50
So excited.
01:05:54
I almost feel sick
to my stomach, even.
01:05:58
This is not real.
01:06:02
Do you know what this means?
01:06:03
Oh my gosh.
01:06:05
KATHERINE: We get to
have a real wedding.
01:06:06
ANGIE: Oh my god.
01:06:08
KATHERINE: We get
have a real wedding.
01:06:13
Oh my god, I see him.
[gasp]
01:06:14
Shh!
01:06:19
Hi, guys.
01:06:21
Hug.
01:06:25
Oh my god, I love you.
01:06:26
So we gotta talk to you guys.
01:06:29
The Supreme Court
decision came back.
01:06:30
All right.
01:06:31
You guys are no longer
convicted felony murderers.
01:06:34
We won!
01:06:35
You're not a murderer.
01:06:39
ANGIE: I've been waiting
for this so long.
01:06:41
I don't wanna cry.
01:06:42
Cry, babe.
01:06:43
Cry.
01:06:44
Cry, man.
01:06:46
You're not a murderer, man.
01:06:48
[sobs]
01:06:48
Man.
01:06:51
Congratulations.
01:06:52
Thank you, man.
01:06:53
Thank you.
01:06:59
[inaudible] get
that shit back.
01:07:00
Man.
01:07:01
Congratulations.
01:07:02
Thank you, thank you.
01:07:03
[music playing]
01:07:05
(SINGING) Just make
it through the rain.
01:07:07
Even though we don't
ever show our pain,
01:07:15
we try, we try, to make
it through the rain.
01:07:22
Even though we don't ever show
our pain, we try, we try--
01:07:33
WOMAN: Blake Layman.
01:07:35
[applause]
01:07:43
I love you, Son.
01:07:46
[shutter clicks]
01:07:49
Congratulations, honey.
01:07:50
I love you.
01:07:58
It's a damn good day.
01:07:59
[music playing]
01:08:03
(SINGING) My
mother always said,
01:08:06
Son, just make it
through the rain.
01:08:09
Even though we don't ever show--
01:08:14
FEMALE REPORTER 9: The
Indiana Supreme Court
01:08:15
says Blake Layman, Levi Sparks,
and Anthony Sharp did not
01:08:18
engage in any dangerous,
violent, threatening behavior,
01:08:22
and nothing about their
behavior was the cause
01:08:24
of their friend's death.
01:08:26
FEMALE REPORTER 10: A
judge will resentence,
01:08:27
Layman, Sharp, and Sparks
for the burglary conviction.
01:08:31
The maximum for
that is 20 years.
01:08:33
But with day-for-day
credit and time
01:08:34
they've already served
in the last three years,
01:08:36
they might only have to
do another six years.
01:08:39
The one name left out of
the Supreme Court opinion
01:08:41
is Jose Quiroz.
01:08:43
He pleaded guilty before the
trial and, because of that,
01:08:45
was not able to appeal.
01:08:47
He's currently serving
a 45-year sentence.
01:08:50
But I am told a public defender
is trying to get him less
01:08:53
time since he was
16 when it happened.
01:09:01
KATHERINE: I'm so
scared, I ain't playing.
01:09:02
You're scared, or
just anxious and--
01:09:04
I'm scared.
01:09:05
--nervous about
what's going to happen?
01:09:06
Yeah, I'm scared.
01:09:10
Like, really bad.
01:09:15
Just don't go and ask
him stupid questions.
01:09:16
Do you imagine how he's
feeling and how we feel?
01:09:18
I bet he is, like, a mess.
01:09:22
At least he got himself
in that situation.
01:09:23
That's true.
01:09:25
I gotta go up there,
and I'm like, aah!
01:09:27
Please don't kill me.
01:09:28
Oh, you're more
scared about all that.
01:09:29
The whole court--
01:09:30
Yeah, like, what if
I-- what if I'm the one
01:09:32
that gives him 20
years in prison
01:09:33
because of something I say?
01:09:35
There's not much you can
say that's going to influence
01:09:37
the judge's decision.
01:09:38
You know that.
01:09:40
Yeah?
01:09:42
While I'm up there as
a character witness,
01:09:45
the prosecutor's job is
to lower my character.
01:09:49
Make it look like
I am a bad person.
01:09:51
But how can they?
01:09:53
You work every day.
01:09:55
I mean, you have been there
for Blake for three years.
01:09:58
You've done everything.
01:10:00
[sigh]
01:10:01
You'll be fine.
01:10:12
[music playing]
01:10:25
It's gonna be good.
01:10:27
It's what we've been waiting on.
01:10:29
She's shaking regardless.
01:10:30
Yeah, I haven't
ate, slept, nothing.
01:10:37
All right, everyone.
01:10:37
We're about to pray.
01:10:39
So everybody gather.
01:10:40
Father God, we come here
again today for one purpose,
01:10:43
and that's for justice
for these boys.
01:10:46
Let them be charged
for what they did.
01:10:48
Lord, be with us all today.
01:10:49
Give us strength.
01:10:50
Give these boys guidance
when they come home.
01:10:52
Amen.
01:10:53
Amen.
01:10:57
I hope he comes home.
01:10:58
Time served.
01:11:00
But even if he has to do a
couple more years, we've won.
01:11:03
This is what we needed.
01:11:05
We've got him to the burglary
charge that he deserves.
01:11:08
So even if the worse
comes to worse,
01:11:10
it's just a couple more years.
01:11:11
And we're ready for that.
01:11:12
[upbeat music]
01:11:59
What were you feeling
going into this?
01:12:01
Nervous.
01:12:02
Um, I didn't know
what to expect.
01:12:04
I was expecting the worst.
01:12:05
I was hoping there was no way
the judge would max him out.
01:12:08
But we got justice today,
and that's what we wanted,
01:12:10
and that's the way we've been.
01:12:11
10-year sentence?
01:12:13
Can't ask for nothing better.
01:12:15
He's got a year and a
half time cut after he
01:12:16
finishes the PLUS program.
01:12:18
So we're looking at it maybe
three months, he'll be free.
01:12:22
Yeah.
- Three months?
01:12:22
Yes.
01:12:23
[laughs] Yes.
01:12:24
Thank you.
01:12:25
Oh, Son!
01:12:29
Did you schedule
a visit for today?
01:12:31
[mellow music]
01:12:54
Oh my goodness.
01:12:55
I'm just-- I'm, like, sweating.
01:12:57
I'm just so anxious.
01:13:02
Been waiting on this
day for a long time.
01:13:08
All right.
01:13:10
I think we're good.
01:13:12
Trying to make sure
everything's ready.
01:13:26
OK.
01:13:31
I know, boy.
01:13:34
You anxious, too?
01:13:35
Are you gonna see Blakey?
01:13:38
Baby bird.
01:13:40
He's flying free now.
01:13:43
It's finally ending.
01:13:44
It's almost over.
01:13:48
[guitar music]
01:14:21
BLAKE: I'm out of here, JP.
01:14:22
Stay out of trouble, man.
01:14:39
All right, hillbilly.
01:14:39
Be good.
01:14:41
What'd you say, [inaudible]?
What'd you say?
01:14:42
You need a hug?
01:14:43
[laughter]
01:14:47
All right, [inaudible]
All right, guys.
01:14:48
Be cool, y'all.
01:14:50
You'll hear from me soon.
01:15:07
All right, Blake.
01:15:08
All right, [inaudible]
01:15:09
- Thank you, brother.
- Yup.
01:15:10
Be cool.
01:15:12
Yeah, I know.
01:15:13
I ain't coming back.
01:15:28
It's been 3 and 1/2
years, you know?
01:15:32
I just don't know
what to expect.
01:15:34
Kind of nervous, you know?
01:15:37
When I walk out
those gates today,
01:15:38
the entire Elkhart Four--
01:15:41
I want to put that behind me.
01:15:42
I want to be Blake.
01:15:43
I don't wanna be the
Elkhart Four kid.
01:15:48
ANGIE: Blake!
01:15:50
Blake!
01:16:08
It's an overwhelming
sense of love,
01:16:10
you know, just to see everyone
tie together like that,
01:16:13
and just come together
for that cause.
01:16:14
For me.
01:16:21
I think the only real way to say
thank you for all that support
01:16:23
and love is to do right now.
01:16:26
Is to get out and do the right
thing and not disappoint.
01:16:31
I can stand up
and say thank you,
01:16:33
but actions speak
louder than words.
01:16:36
And for them to see me do good,
that would be the ultimate
01:16:39
thank you to all of them.
01:16:48
Here you go.
01:16:49
Thank you.
01:16:52
[cheering]
01:17:14
[cheering continues]
01:17:21
- Name?
- Layman.
01:17:23
DOC?
01:17:24
242576.
01:17:25
Awesome.
Thank you, sir.
01:17:26
- Thank you.
- Good luck to you.
01:17:27
Thank you.
01:17:28
You're going places.
01:17:29
Thank you, man.
01:17:34
ANGIE: Justice for Blake!
01:17:35
[cheering]
01:17:45
Look at that
good-looking boy, wow!
01:17:55
MAN: Hey, open them
gates for that guy.
01:17:58
ANGIE: You're free, Blake!
01:17:59
Yes!
01:18:00
You're free!
01:18:03
Yeah!
01:18:05
[cheering]
01:18:09
[mellow music]
01:18:12
Oh my god, you're out!
01:18:26
Good to see you, baby.
01:18:32
ANGIE: Your grandma wants a hug.
01:18:42
[inaudible].
01:18:43
He looks so good.
01:18:43
You look so good.
01:18:45
[sobs]
01:18:48
WOMAN: I want in.
01:18:49
I want in!
01:18:51
I want some!
01:18:57
[mellow music]
