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PRIMETIME JUSTICE WITH ASHLEIGH BANFIELD

Six Children Dead in Chattanooga School Bus Crash/Suspect in Deadly Police Shooting in Custodyl Chief Believes "Uniform Was The Target"; Woman Drives Homes with Dead Body in Windshield; Arias Attorney Faces Suspension for Tell-All Book; A 13-Year-Old Girl Claimed She Was Groped on Flight. Aired 8-9p ET

Aired November 21, 2016 - 20:00:00   ET

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.


ASHLEIGH BANFIELD, HOST: Breaking news, an elementary school bus crashes in Tennessee with reports of multiple deaths, and the images are chilling,

amid intense rescue efforts.

Also breaking tonight, a suspect now under arrest in the execution-style shooting of a police officer.

(BEGIN VIDEOTAPE)

(voice-over): A veteran Texas police detective shot twice in the head while writing a traffic ticket outside police headquarters.

UNIDENTIFIED MALE: I feel really targeted. I think that the uniform was the target.

BANFIELD: It was one of four shootings of police officers across the country in just one day.

A hit and run crash sounds more like the plot of a horror movie.

UNIDENTIFIED FEMALE: The victim went through the front windshield and was in the front passenger seat of the vehicle.

BANFIELD: Cops say a woman plowed into a man on the sidewalk and then continued driving with the victim lodged in her windshield.

And a 13-year-old girl`s shocking account of an alleged sexual assault on a flight by a drunken passenger. How in the world could this happen on a

commercial flight, especially to a child?

(END VIDEOTAPE)

BANFIELD: Hello, everyone. I`m Ashleigh Banfield. Welcome to PRIMETIME JUSTICE.

We`re following some heart-breaking developments out of Chattanooga, Tennessee tonight, a yellow school bus crashing just a few hours ago. The

reports are coming in slowly, saying that six children at this point have been killed. The dead and the injured are being triaged as authorities

begin to investigate how this happened.

(BEGIN VIDEO CLIP)

CHIEF FRED FLETCHER, CHATTANOOGA POLICE DEPARTMENT: There was a bus, a school bus traveling from the Woodmore Elementary down Talley Road towards

me in the direction behind me. There were, we believe, 35 children on that school bus, ranging from kindergarten through 5th grade. It was a single

vehicle crash. Rescue efforts are ongoing.

(END VIDEO CLIP)

BANFIELD: The children are being take to the hospitals. This is a fluid situation, and we`re just beginning to learn the magnitude of this crash.

Police say the driver was being cooperative and speaking with investigators, although we`re told now has hired a lawyer.

In these images, we see the school bus turned on its side and it appears to be split in half, right down the middle, wrapping around a tree. We`re

getting reports that the local blood bank has extended its hours tonight because of this school bus crash. CNN affiliate WTVC (ph) says these lines

are actually all the way outside the door of that blood bank.

I want to bring in Brian Joyce, who is the host of "The Brian Joyce Show" on talkradio 102.3 FM in Chattanooga. Brian, get me up to speed. Are we

still at that count of six children?

BRIAN JOYCE, TALK RADIO 102.3 (via telephone): Yes. Ashleigh, thank you for having me on the show. Obviously very difficult circumstances, but we

appreciate your concern.

And as of right now, that number is at six, 23 patients transported to the hospital. Now, there was a total of 35 children on the school bus, so that

would leave perhaps six more that are unaccounted for or there`s just no word on them. But according to the local authorities, the six have been

confirmed dead, and our district attorney said five children died on the bus, a sixth passed away at the hospital. So that`s the information that I

have right now.

BANFIELD: And then there`s this report that several of the children are in critical condition. Do you know anything more about that?

JOYCE: I haven`t heard about the condition of those who are in the hospital. As of right now, the latest that I`ve heard from the district

attorney and from the chief of police, who you just saw, who you just showed on your airwaves there -- that`s the only information that I have

right now is the six who have been confirmed, unfortunately, dead, and 23 transported to the hospital. Not exactly sure what could have happened to

the other six or what kind of condition that they are in.

BANFIELD: That image is just harrowing, and those first responders that you can see in the picture stretched all the way down the street. There

were ambulances, first responder vehicles for several blocks, crime scene tape that has been put up all around that zone.

I do want to let you know that Fred Fletcher, who is the police chief, said this, and I think every parent out there will understand this. He called

this matter every public safety professional`s worst nightmare. And you can only imagine what those first responders -- and when it comes to the

rescue operations, the rescue, I want to play for you what the chief talked about when he did an interview earlier. Have a listen.

(BEGIN VIDEO CLIP)

FLETCHER: This crash involving school children is every public safety professional`s worst nightmare. But it`s also a thing that we all train

for. And you have police, fire, EMS and our partners out here doing everything they can to rescue victims and support the families of those

who`ve already been treated.

[20:05:12]Our hearts go out, as well as the hearts of all these people behind me, to the family, the neighborhood, the school, for all the people

involved in this. And we assure you that we`re doing everything that we can to help everybody be as safe as they can, get the care they need and

get the support they need.

(END VIDEO CLIP)

BANFIELD: So you can almost hear it in his voice, the concern and the care that he has. These are kids, kids from this community. And there

were two different children`s hospitals that had a flurry of activity. I want to just describe for you, if I can, one of the children`s hospitals,

the children`s hospital at Erlanger, said there was a public address system and over the loudspeaker, it could be heard that the hospital was in code

triage.

It has been reported the last patient has been removed from that overturned bus, but there was this group of parents, apparently, that was gathered in

the lobby of the T.C. Thompson (ph) children`s hospital in Erlanger. The media was asked to be removed from that lobby, and there are some care

services and counseling systems that have sort of kicked into effect, as well.

I tell you that there is an organization called the Angel Emergency Services Disaster Response Team, and a bus that belongs to that team pulled

up to one of the emergency entrances of the children`s hospital and the employees of the hospital pulled dark blue curtains over the entrance of

that hospital so as to block the bystanders` view.

Obviously, this is a massive operation when you think of the number of kids that Brian was just reporting. And to that, the school superintendent had

this to say about the tragic nature of what you`re witnessing on your screen.

(BEGIN VIDEO CLIP)

KIRK KELLY, HAMILTON CO. INTERIM SUPERINTENDENT: This has been a great tragedy for us. We have suffered a great loss today. Everyone in our

community, this has been one of the worst days that we`ve had in Hamilton County school community. We have -- our thoughts and our prayers are out

to the family and the students who were involved at Woodmore Elementary in the bus accident today.

We have confirmed deaths. And to address this, our best support is going to be to have our schools open tomorrow. We will have guidance counselors

there. We will have support for our students. We`ll have support for the staff. We`ll have support for members of the community, and we will

continue to provide this support as long as it is needed to our students, to our staff, and to our community. We will do everything that we can to

try to help the families involved in this tragedy.

(END VIDEO CLIP)

BANFIELD: And Brian, as we continue to look at some of these images, the issue with the parents and hearing that description that reporters have

said they were gathered in one of the lobbies -- - everyone is going to have the same question. Number one, if the unknown is still there, is my

child going to make it, or is my child one of those who didn`t, if that hasn`t fully been articulated yet.

And also, how did this happen? It`s a single vehicle accident, nothing else involved other than that bus. Do they know anything about this yet,

Brian, from the driver?

JOYCE: I have not heard anything about what caused the crash. I think your information is up to date from, what I`ve heard. The driver obviously

survived, and he`s alive and he`s been talking with authorities. I have heard the reports that he has gotten himself an attorney, which I suppose -

- I don`t think that`s necessarily admitting any sort of guilt or wrongdoing. I suppose you would want to have legal representation in this

case.

But as of right now, you look at that footage and it`s obviously -- you begin to wonder what could have caused that. The police right now, local

authorities have not said what caused it. But you have the bus on its side literally split down the middle, crashed into that tree, and the tree

appears to be sort of cracked in half, too. So it was, you know, obviously a pretty heavy impact.

Right now, I can only imagine what could have caused that. And of course, you have the children inside. And I can only imagine, you know, the

confusion and the pandemonium.

And I can tell you, Ashleigh, the chief of police that we have here, Fred Fletcher, is a friend of mine. And when you showed that -- when you showed

the press conference with him speaking, it was our mayor, Andy Burke (ph), just over his right shoulder.

All the officials were here. They were right on the scene at the time that this was happening. And I can tell you, I`ve very rarely seen those men

with just that look on their face. I mean, the blood was just drained from their face. You could tell that this was a really, really serious

situation, and this is before we even started to learn about the numbers. You could just -- you could get the hint. You could pick up from them that

this was going to be a very bad situation.

And you know, bear in mind, just last summer, we had the terror attacks here in Chattanooga, where five servicemen were killed. And this is the

same police chief, the same mayor, the same mayor of Hamilton County who had to deal with that. So these are guys that have seen some tough times

in the past year or two, but this today was especially tough.

[20:10:18]BANFIELD: So I just want to update our viewers some of the news that we`re just getting in to CNN and HLN. The Chattanooga police chief

you were just talking about, Fred Fletcher, he`s been having some briefings and updates where he has said that his office has issued a warrant now for

the removal of the information box and videos from the school bus in today`s fatal crash.

He says this is a very complicated crime scene. I think this is obvious terribly clear from the image that the Chattanooga fire department has

released to the media. And he has said that one contributing factor may be speed, says the federal government has been -- or at least has called to

offer assistance in this matter.

He is not confirming at this point the official death toll number. So at last count from the district attorney in that area, we had six confirmed

deaths and several kids in critical condition at this stage.

And I think it does behoove us to say that the driver, if it is true that these reports suggesting he has hired a lawyer -- he or she has hired a

lawyer, there is nothing to indict anyone for that, especially in a situation where there are multiple injuries. And the fact that speed may

be involved also can connote a number of different scenarios, including failing brakes and many other things. So until we know the full picture,

at this point, the focus should be on these children.

It was just a remarkable number, 35 kids on this bus, 23 of them transported to hospital, six confirmed dead at this point. But that leaves

a count of about six where we just don`t know what the circumstance is with those kids.

We`re going to continue to follow this story. We`re going to continue to update throughout the show, as well, when we get new information on this

breaking news.

We`re also following an additional story with breaking news in Texas because there has been an arrest in what can only be described as an

execution-style killing of a police detective in San Antonio, Texas. We`ve got more on that in just a moment.

(COMMERCIAL BREAK)

[20:16:13]BANFIELD: We`ve got breaking news for you right now. A suspect has been arrested in that execution-style shooting death of a long-time San

Antonio, Texas, police officer. And this comes after a day-long manhunt by local and state and federal agencies. This was one of four shootings which

police apparently were targeted and in three states over a 24-hour period.

Here`s what we know at this hour from San Antonio. Someone walked up to an officer`s cruiser near the police headquarters on Sunday and simply opened

fire on him. Authorities believe that it was this man you can see in this surveillance video. He was caught on video walking in and out of the

police station, even talking to a clerk shortly before the shooting.

Behind the wheel, Detective Benjamin Marconi, a 20-year veteran, who was writing a ticket. After shooting him once in the head, police say the

gunman reached inside the car and shot a second time, and again, that shot was to the head. That gunman then drove off in a black car.

(BEGIN VIDEO CLIP)

CHIEF WILLIAM MCMANUS, SAN ANTONIO POLICE DEPARTMENT: We arrested 31-year- old Otis Tyrone McKane. This is the person whose image we saw on surveillance. This is also the person we believe is responsible for the

cold and calculated murder of Detective Marconi.

(END VIDEO CLIP)

BANFIELD: I want to bring in CNN correspondent Dan Simon, who is live with us now. He`s in San Antonio. Dan, what do we know about this Otis Tyrone

McKane, how they caught up with him and why they think he might be the person responsible?

DAN SIMON, CNN CORRESPONDENT: Well, Ashleigh, I can tell you that San Antonio police conducted some leads. They got some excellent leads and

they did some surveillance, and they were actually able to track down the suspect who was in a car, and they actually did a traffic stop. And inside

the car -- and this wasn`t the car that he was in when he did the shooting, he was in a different car. And inside, there was an adult female, as well

as a child just 2 years old. He was arrested without incident.

Now, we don`t know the motive behind the shooting. We don`t know if he had a personal grievance against the officer, Ben Marconi, or if it was a

grievance against the police department as a whole. Authorities, of course, are still investigating, Ashleigh.

BANFIELD: So Dan, what I`m curious about is they have this remarkable video at the police headquarters. Understandably -- as we look at that

mugshot that just flashed up on our screen. Understandably, the police headquarters would have a lot of surveillance video.

So we see this man trying to buzz in, eventually getting into the police department, eventually speaking to a clerk and then walking out of the same

police department.

The police are saying that they do believe that Otis Tyrone McKane is this person on the video. They are saying definitively that the person on your

screen right now is Otis McKane. But why are they then saying they believe that he is the person responsible for the shooting? Do they have a video

link that they`re just not sharing with us right now that says that man then left that police department and can be seen on video perpetrating

these crimes?

SIMON: I don`t know. They didn`t disclose that. But you know, it leads to two things. One, the patrol car apparently did have dashcam video. So

we don`t know what was captured on that. We don`t know if there were additional cameras outside of the police department that got views of the

perimeter, and perhaps one of those cameras captured something -- just speculating.

But -- and also, were there witnesses? You also have the person who was pulled over. The cop was writing a ticket against that person. Did that

particular individual see anything and alert police? That we don`t know, Ashleigh.

[20:20:04]BANFIELD: So one other question, and I`m not sure anyone is going to know the answer to this right away. But when you see that video,

it might be the first thing that pops into your mind. Do police think that the man on that video, who they say is Otis Tyrone McKane, was actually

trying to get inside the police department to shoot someone inside, but ultimately, in speaking to a clerk, may have had a barrier or may have

found that there was some obstacle to being about do that, and ultimately left and sought a victim elsewhere?

SIMON: You know, it`s great question, and at this point, authorities are not going into that kind of detail. They`re not releasing any motives

whatsoever. We do know, as you said, he went up to that intercom and said something in the speaker, had some kind of conversation.

And you see the doors open to the police department where he goes in, and as you said, he`s in there just for a short period of time, under a minute.

Apparently, there`s some kind of conversation with a clerk, and then he leaves. If he had a vendetta against the police department and was going

to commit some kind of violence inside the police department, he obviously thought twice.

What we can tell you also, Ashleigh, is that four hours went by before he shot Ben Marconi. He`s here at 7:45 in the morning, and then just before

noon, he then pulls up behind Detective Marconi, gets out and then fires those two rounds.

BANFIELD: Which makes it more curious about how they have now determined that, yes, they believe that Otis McKane is the man in that video and that

they believe, as you just said, four hours later that he perpetrated that crime. So they must have some kind of either witness or video connection

that leads them to believe that, or just perhaps some additional video that shows the same clothing, the same person.

But until we gather those facts, it is still quite a mystery. One thing that isn`t a mystery to the police, they say that it was the uniform that

was the target, not the man himself, just that blue uniform. And we`ve been hearing a lot about that too much lately.

(COMMERCIAL BREAK)

[20:26:13]BANFIELD: A police dragnet for a gunman who pumped two bullets into the head of a police detective, and now a suspect is officially in

custody. That officer is just one of four officers shot across the country in less than 24 hours.

And I want to bring in now San Antonio, Texas, police chief William McManus. Chief McManus, thank you so much for taking the time in this very

difficult day.

Is there anything more that you can update us on in terms of the arrest of Otis McKane and what he`s facing tonight?

MCMANUS: Just that we had him under surveillance for quite a while this afternoon before we stopped him and placed him under arrest.

BANFIELD: And that makes me curious about that four-hour block of time between the video surveillance, where the man in the video seen walking in

and out of police headquarters, whom the police say is this man, Otis T. McKane, you also believe, four hours later is the man who perpetrated the

crime. What connected him to those two incidents four hours apart?

MCMANUS: There`s a variety of things that we`ve discovered in the investigation, which I will not go into, that led us to believe that, led

us to that conclusion.

BANFIELD: Can you at least tell me if it involves witnesses or additional video surveillance?

MCMANUS: No. I`m not going to reinvestigate the case in this interview.

BANFIELD: I understand, Chief, and I respect that. I do want to enlighten some of our viewers who may not know it that if you kill an officer of the

law in Texas, it is a capital murder crime, which brings with it the death penalty.

So my next question is, is Otis McKane facing first degree murder charges, capital murder charges in the state of Texas right now?

MCMANUS: That`s correct.

BANFIELD: And when will that happen?

MCMANUS: It`s happening as we speak. The penalty for capital murder in Texas is either life without patrol or the death penalty.

BANFIELD: And ultimately, it will have to be a district attorney who makes that determination as to whether to seek the death penalty at trial, if and

when that goes to trial.

I do want to ask you about this notion that the police have said they believe that this was a target of the uniform, not the person who was in

that uniform, but the uniform itself. Can you tell me why?

MCMANUS: Well, the police didn`t say it, I said it. There is -- again, based on the investigation and the details we have, there can be no other

explanation that he was targeted because he was in uniform. And that`s a PD uniform in this case.

BANFIELD: Did he have any knowledge of who this officer was at all?

MCMANUS: Not that we believe.

BANFIELD: And speaking of this officer, Benjamin Marconi, you know, our hearts go out to you and your colleagues. We`re talking about a crime, but

this is a crime that targeted one of your own. As the nation gathers this week to give thanks for family and for all the things that we have, your

department and officer Marconi`s family is going to have to bury him. And I cannot imagine what you and your colleagues are going through.

MCMANUS: Well, that`s true. And it`s also true in a number of other states where this occurred, you know, about the same time period. So it`s

not only affecting the San Antonio Police Department and the San Antonio community, it`s affecting police departments and communities in other

states, as well.

BANFIELD: Do you know anything about a potential link? There are so many similarities, it seems, between these four police officers dying in various

states across the country, all within a 24-hours period? The investigation into the similarities, has it yielded anything? Do you know anything

further about that?

MCMANUS: No, we don`t have any idea about that, at least not yet.

BANFIELD: Do you have suspicions, sir?

MCMANUS: No, not at this time, I don`t.

BANFIELD: And what about your officers? It was only what, four months ago I think it was where five officers were killed in Dallas, targeted. And

protocols changed significantly for many officers around the country. What happened at that time for the San Antonio Police Department and its

protocols for officer safety and how did that perhaps -- or will that change after today?

MCMANUS: The protocols changed a little bit. We allowed officers to double up in their cars. Whenever an officer was conducting a traffic stop, we

required that there be cover scent.

So that on top of the information we will continually push out to the officers on the street, you know, as the case developed, and once we

finally arrested Otis McCain, then we pushed that information out to the officers as well so they could breathe a little bit easier.

BANFIELD: Is there anything that the public still can help you with in terms of finding some revolution to not only this crime but also what`s

happening in the other states that are dealing with this shooting spree it would seem in 24 hours of four different officers whether they`re connected

or not. Is there anything that you need from the public?

MCMANUS: We always ask the public to give us any kind of information that they have, no matter how insignificant they may think it is. This case

although we made an arrest is far from over. We continue to investigate this case, and until we have every evidence that we believe exists, then we

will turn it over to the D.A. for the prosecution.

BANFIELD: I know you`ve mentioned that Otis McCain was brought in without any kind of scuffle. I mean, in terms of -- he was with a female and 2-

year-old child when he was brought in. Did he say anything upon arrest? Did he make any statements?

MCMANUS: I don`t know. I wasn`t on the scene of the arrest and I have not been made privy to any statements he may have made.

BANFIELD: And is it true that it was without incident?

MCMANUS: It was without incident. He was not harmed in the least when he was arrested.

BANFIELD: Has he hired an attorney already? Are you free to speak with him? Are you to interrogate and find out what motive possibly could have existed

for this?

MCMANUS: I don`t know if he`s asked for an attorney or not.

BANFIELD: Do you have any suspicions about motive?

MCMANUS: I don`t. We`ll figure that out as we go through the investigation as I mentioned earlier. The investigation is far from over even though we

made an arrest.

BANFIELD: And given that this by all intents and purposes, seemed as though it was a direct execution style killing, is there any guidance that you are

getting from other police departments across the country who have had to deal with this kind of tragedy?

MCMANUS: No.

BANFIELD: Are you seeking that?

MCMANUS: No.

BANFIELD: I mean, it`s only in the last year that we`ve been covering these massive stories, not just Dallas which we just mentioned, but also New York

City where two officers were approached and murdered execution style through their cruise windows as well.

But there`s no guidance. There`s no -- there`s nothing that can be shared between departments to try to get a handle on what`s happening, why it`s

happening. Whether there is any kind of connection between these kinds of crimes.

MCMANUS: We discussed those kinds of issues when we gather at chief conferences. But as far as trying to make a link from city to city, I don`t

believe that there is a link. Our detectives are certainly experienced enough that if they believe that there is something that they need to check

in with the department on, they would certainly do that.

BANFIELD: Can I just ask you if you can let us know what Officer Benjamin Marconi was like, what kind of person was he?

MCMANUS: He was well respected. He was a great guy. He was a great investigator. He was just a solid guy and he`s -- his loss is -- I mean, I

can`t describe the loss to the police department and the community. Not even to mention his family.

BANFIELD: Twenty-year veteran, father of two. Chief.

MCMANUS: And a grandfather.

BANFIELD: And a grandfather as well?

MCMANUS: And a grandfather.

BANFIELD: You know, I`m so sorry for you and your colleagues. Our hearts go out to you that we`re gathering and speaking on this particular topic. But

we do wish you the best in this investigation and we appreciate you speaking with us tonight, sir.

MCMANUS: Thank you very much. Appreciate it.

BANFIELD: Police chief speaking to us out of San Antonio, Texas.

[20:35:00] There is still a lot to learn about the suspect in the killing of Detective Benjamin Marconi, including what on earth could have led to

this, why did it happen?

(COMMERCIAL BREAK)

BANFIELD: We`re covering breaking news in San Antonio, Texas, where in the last hours an arrest was made in the fatal execution style shooting of a

police officer who was merely sitting in his patrol car writing up a ticket.

This is him, Detective Benjamin Marconi, just doing his job when an assailant leaned in and shot him in the head. Reached into the car and shot

him a second time in the head as well. Father of two, 20-year vet.

Joining me now is Michael Board, reporter for WOI News Radio. CNN law enforcement contributor Steve Moore is with us as well. Defense attorney

Misty Marris. And former prosecutor Jason Oshins is here as well. Michael, real quickly, what do we know about this Otis McCain, his background?

[20:40:00] MICHAEL BOARD, REPORTER, WOI NEWS RADIO: He`s not a good individual. He got a long criminal wrap sheet in San Antonio and in Texas.

We know one thing stands out in particular. In 2012, he was arrested in San Antonio for assault on a family member. This is a person with a long

history of violent behavior.

BANFIELD: Steve Moore, this four-hour block between the video of the man they believe is Mr. McCain, going in and out of the police station, and

then four hours later, they say they believe it`s him who did the shooting. What do the police have in that four-hour period that connects these two

incidents?

STEVE MOORE, CNN LAW ENFORCEMENT CONTRIBUTOR: I think that the first thing you`re going to do is if he leaned into that police car, he likely put his

hand on the side of the car, you`ll get fingerprints. You`re also if going to get officers who probably know him. This guy has been involved with law

enforcement for a while. You put his picture out and some officer is going to say, I know that guy.

BANFIELD: Yeah. Jason Oceans, former prosecutor, this is death penalty state. This is arguably the death penalty in State of Texas. When you kill

an officer of the law, that`s capital crime. Do you think they`ll go for that?

JASON OSHINS, FORMER PROSECUTOR: Sure, absolutely. I mean, high profile case execution style, no doubt, death penalty all the way.

BANFIELD: And Missy, I guess, you know, there`s a lot of stuff that we still don`t know?

MISTY MARRIS, DEFENSE ATTORNEY: Absolutely, Ashleigh.

BANFIELD: A lot of stuff we do need to know because when you`re talking death penalty, those have to be air tight for the most part. The police

chief as you understand isn`t telling us everything yet.

MARRIS: Absolutely. When you have an active investigation, you have to let the police do their job and get that information. The critical time period

is going to be that four-hour time period, connecting the suspect to the man on the video.

BANFIELD: Jason, if that connection is made and he`s on video and then there`s some kind of evidence that connects him to that secondary incident,

how do you defend that?

OSHINS: You`re not going to defend this in ant way. You`re going to try and work something out, if maybe death penalty is off the table and life

imprisonment without parole if you`re defense counsel. Nothing is going to come better than that.

BANFIELD: Yeah. I`m curious, did they arrest the woman who he was arrested with, maybe squeezed her? Maybe arrest her? Charge her with accessory, just

so that terrify her to give them everything that she knows about him?

MARRIS: I absolutely wouldn`t be surprised under these circumstances. This is an execution of a police officer. The police are going to pull out all

the stuffs to find out what happened in this situation and to find out more information about the suspect.

BANFIELD: Can they just arrest anybody in the vicinity and use that squeeze tactic?

OSHINS: Normally they`re going to bring people in right away. They`re going to go and take that time to see what else they can do and bring it in, you

know, coagulate everything and really hit hard on that prosecution.

BANFIELD: I think one Otis T. McCain is in for a world of hurt right now given the evidence they have so far. Granted they`re not telling us

everything and everyone deserves the benefit of the doubt. But this is not going on the an easy Thanksgiving for the family of this Officer Marconi

and his colleagues as well in San Antonio.

And there is this. A man walking down the street looking to grab some breakfast, mowed down when a car jumps the curve. The driver`s reaction,

really beyond the pale, beyond anyone`s understanding.

[20:45:00] (COMMERCIAL BREAK)

BANFIELD: A driver accused of being drunk, loses control of a car, jumps the curve, and plows into a pedestrian. A 69-year-old man minding his own

business walking down the sidewalk. The impact sent that victim flying through the windshield with deadly force.

(START VIDEO CLIP)

UNIDENTIFIED MALE: I just stood there and I was looking and I was in shock. He heard like a car scraping on the ground and a lady yelling soon after

that.

(END VIDEO CLIP)

BANFIELD: By now, most people would stop the car, get out and call 911. Instead, police say Stacy Sanchez kept on driving. With the man`s body

stuck in that windshield, with blood and body parts over several parts of the car, allegedly parking it on a quiet street less than a mile away and

then walked home a few blocks.

As always, there`s a lot more to the story. Let`s start with the charges. Second degree murder, gross vehicular manslaughter while intoxicated and

more. We will speak now with Tom Perumean, editor for the advocacyreport.com. Tom, what more do we know about this? What happened

after that man was struck?

TOM PERUMEAN, EDITOR, THEADVOCACYREPORT.COM: After that man was struck, of course, he was decapitated as he went through the windshield of that car.

His back leg came -- his leg came off and went through the back window of that vehicle hanging up on the trunk lid, as Stacy Sanchez continued to

drive anywhere from a quarter mile to a mile away from the scene, parking indeed on that cul-de-sac, calling her boyfriend and then walking home.

Oddly enough it was the boyfriend that called the police department and brought the authorities out to start the investigation on this.

BANFIELD: We should note, Tom, that she parked the car a couple blocks away from her actual house, not in front of her house.

PERUMEAN: That`s right. She wasn`t that far away from her home in the first place when she struck this man or the bar that she was driving home from.

BANFIELD: Tom, is there any truth to the report that we`re hearing that there is an immigration hold on this woman, and that Stacy Sanchez did not

have a driver`s license at the time of this crash?

PERUMEAN: That has been proven. Stacy Sanchez did not have a driver`s license at the time she was operating that vehicle, and yes, there is an

immigration hold on her, the INS has placed that hold on her that, should she for one reason or another, make bail or is going to be released, that

they`re going to be there to apprehend her.

[20:50:00] This has become a very serious case and it has certainly inflamed anti-immigrant sentiment in San Diego County.

BANFIELD: I want to bring in Bryan Hendrix. He is in traffic investigation from Oceanside Police Department. Thanks so much for being with us. As we.

BRYAN HENDRIX, TRAFFIC INVESTIGATOR, OCEANSIDE POLICE DEPARTMENT: Thank you.

BANFIELD: . you know, ruminate over that last fact and we don`t know yet what all of it means, but when an immigration holds a no driver`s license,

it does leave a lot to believe this was an undocumented immigrant who did this allegedly.

The back story about her drinking until 2:00 a.m. and then leaving an establishment to go to a hotel to drink until 6:00 or 6:30 in the morning,

what information do you know about that night and what led to her getting behind the wheel?

HENDRIX: Most of the information we obtained actually came from her. There was a little bit of video evidence that also corroborated part of her

story, but she admitted to us that she had been at the bar from about 11:00, 11:30 in the evening until about 2:00 when the bar closed. She met

up with additional subjects at the hotel to continue partying, where she also drank additional drinks before.

BANFIELD: Officer Hendrix, did she say any of this stuff? Did she actually make comments upon her arrest? Was she drunk at the time of her arrest and

drunk enough to talk?

HENDRIX: Yes, yes, she was.

BANFIELD: All that, drunk enough to talk and talk at length and give you all sorts of witness statements?

HENDRIX: Yes.

BANFIELD: What did she say?

HENDRIX: Well, she told us essentially that at the scene there was another officer that initially contacted her at her house. However, I interviewed

her at the station and that`s when she told me about her behavior going to the bar, then the hotel afterward. And how many drinks she had, what kind

of drinks she had, things like that.

BANFIELD: Just don`t have to be a rocket scientist to know that it would be impossible not to notice, with the picture on our screen, that there was a

victim lodged in the car beside her that she would have hit. I think Stacy Sanchez is in for a very, very difficult next many years. Thank you very

much to all my guests.

Terror in the sky for an airline passenger. She was only 13 years old, and you will not believe what happened to this little girl. She was flying by

herself. That`s something you can do, but you`re supposed to be protected. Was she? We`ll find out.

[20:55:00] (COMMERCIAL BREAK)

BANFIELD: So whenever you hear the name Jodi Arias, you have to have three lawyers present.

(LAUGHTER)

MARRIS: You do. That`s why David Schwartz just came up on the set.

BANFIELD: We needed an extra lawyer. Missy Marris and Jason Oshins are still here. Okay. The reason I bring up Jodi Arias is not because anything

is happening necessarily with her, but her former defense attorney is in trouble. You`re all lawyers, you know the things that you`re not supposed

to do, and he did something you`re not supposed to do. He wrote a book.

OSHINS: Right.

BANFIELD: What is that about?

OSHINS: You have to get your client`s permission before you go ahead and do something like that.

(CROSSTALK)

DAVID SCHWARTZ, CRIMINAL DEFENSE ATTORNEY: You can talk about your clients in a book.

OSHINS: Unless you want to lose your license.

SCHWARTZ: As long as you don`t give away any confidential information.

BANFIELD: But he did give away some confidential information. And that is professional responsibility 101.

SCHWARTZ: It`s arguable how confidential the information is.

BANFIELD: Seriously, okay, just so we`re clear, I didn`t read the book, let`s be clear about that. But in it, he says that Jodi saw him as her

boyfriend, and would remark about her genital grooming.

SCHWARTZ: So what?

BANFIELD: And tried to lure him in. That`s very personal.

MARRIS: It`s certainly a little bit -- it`s definitely not the right move on the lawyer`s part. But to his credit, he`s conceded it. He said, I will

take four months and I will be censured for those four months. And he is owning up to the fact that.

(CROSSTALK)

OSHINS: Maybe it will help his book sales.

SCHWARTZ: This is all.

BANFIELD: I wouldn`t doubt it.

OSHINS: That`s for sure.

BANFIELD: I want to move to this other story. I have two little boys, I`ve never flown them without me, but I know you can. This is what happened to a

13-year-old girl on American airlines flying from Dallas to Portland.

OSHINS: It`s a parents` nightmare. I`m telling you.

BANFIELD: It`s a parents` nightmare. She flew unaccompanied. They seated her next to a guy, Chad Camp, 26 years old. He`s pleaded not guilty for

fondling her while loaded. How does this happen?

MARRIS: Ashleigh, listen, it is a terrible story and this is a criminal act. But it`s not American airlines. When they saw -- there were some sort

of negative activity going on, they jumped into action. They removed -- when they were unnoticed of the situation.

(CROSSTALK)

OSHINS: . you`re paying extra for that. A $150 extra.

MARRIS: But sitting in an airplane sit with another person.

(CROSSTALK)

BANFIELD: Let me put it this way, if I had a 13-year-old daughter and we got separated on the airplane and I saw that her seat mate was a 26-year-

old guy who had a whole bunch of drinks at the bar before -- hand apparently -- he wasn`t showing any serious visible sign but I wouldn`t

want my 13-year-old daughter next to a 26-year-old guy.

(CROSSTALK)

MARRIS: By no means, it`s a terrible situation. But where does the liability fall?

(CROSSTALK)

MARRIS: You have to be on notice of the problem.

(CROSSTALK)

BANFIELD: You`re all invited back. Thank you, everyone, for watching. I`m Ashleigh Banfield. We`ll see you back here at 8:00 tomorrow night for

Primetime Justice. Forensic Files starts right now, so stay tuned.

[21:00:00]

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