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