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PRIMETIME JUSTICE WITH ASHLEIGH BANFIELD

Cop Shoots Unarmed Man in Vacant House; Guy Tries and Fails to Kill Ex-Boss; Dramatic Dashcam Video Of Drive-By Shooting; fast Food Worker Helps Save Child`s Life; Dirt Biker Jumps California Freeway; Convicted Sex Offender On The Prowl; Dad Goes To Bar Leaves Infant In Car During Snowstorm. Aired 8-9p ET

Aired March 6, 2017 - 20:00   ET

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


(BEGIN VIDEOTAPE)

[20:00:00] UNIDENTIFIED FEMALE: Metro Police! If you`re in here, come out!

ASHLEIGH BANFIELD, HLN HOST (voice-over): Heart-stopping police action.

UNIDENTIFIED FEMALE: Show us your hands!

BANFIELD: Clearing a drug house room by room, a suspect found hiding behind a mattress.

UNIDENTIFIED FEMALE: Show your hands! Oh (EXPLETIVE DELETED)!

BANFIELD: A justified shooting or a trigger-happy cop?

UNIDENTIFIED FEMALE: (EXPLETIVE DELETED)

BANFIELD: You decide.

Fired by the boss and out for blood.

UNIDENTIFIED MALE: Two men who wanted to settle a dispute the old- fashioned way, I guess.

BANFIELD: Police say a disgruntled worker tried to knife his boss.

UNIDENTIFIED MALE: It happened so quickly.

BANFIELD: But when that didn`t work, he rammed him with his car twice.

UNIDENTIFIED MALE: He got lucky because he could have died three times that day.

BANFIELD: The dashcam is rolling as a mom at a stoplight lives through hell on earth. A drive-by gunman opens fire with an assault rifle while

her kids are in the back. How did they all escape the hail of bullets?

A masked sex offender stalks a victim in a hotel hall.

UNIDENTIFIED MALE: Laid in wait for the female front desk employee.

BANFIELD: But the attacker wasn`t ready for the employee he tried to assault.

UNIDENTIFIED MALE: The female victim fought (ph) person (ph) and dislodged his black ski-style mask.

BANFIELD: She fought him off, and thanks to one big mistake, police got their man.

UNIDENTIFIED MALE: He fled the hotel, and then ran back into the hotel to retrieve his mask.

BANFIELD: Nothing wrong with grabbing a quick drink from a local bar.

UNIDENTIFIED MALE: Child`s mother was working.

BANFIELD: Unless your 2-month-old baby is still in the car and is left in the cold for hours.

UNIDENTIFIED MALE: When mom found out about it, she was crushed, upset, angry.

BANFIELD: Cops say a dad is in a world of trouble from them and from her.

Plus, daredevil or just plain dumb, a dirtbiker posts a highway leap on Instagram. He may have landed safe, but will he land in jail?

(END VIDEOTAPE)

BANFIELD: Hello, everyone. I`m Ashleigh Banfield. This is PRIMETIME JUSTICE.

There is a reason that cops and robbers make for good TV shows. Just watch an episode of "Law and Order" and you`ll be breathless from the suspense

and from the danger. And that is why a certain piece of video that has just been released by the department -- police department in Louisville,

Kentucky, is really making the rounds tonight. It is a virtual gun barrel view of what happened inside this abandoned house as cops respond to a call

of a suspicious man who`d been lurking nearby.

The bodycams are hot (ph) as Officers Sarah Stumler, Braden Lammers (ph) and Aaron Fenniker (ph) enter the house. And while it may look like a

training video, it is not. It is real, and it is nothing short of gripping, as is the outcome of the video, which is not good. These cops

literally have no idea if each corner they round is going to be their last.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: (INAUDIBLE) come on out! If there`s somebody in there, come on out!

(CROSSTALK)

UNIDENTIFIED MALE: (INAUDIBLE) now!

UNIDENTIFIED FEMALE: Metro Police! If you`re in here, come out! Show us your hands!

[20:05:04]UNIDENTIFIED FEMALE: Show your hands! Oh, (EXPLETIVE DELETED)!

UNIDENTIFIED MALE: Oh! (INAUDIBLE)

(END VIDEO CLIP)

BANFIELD: If you were looking closely there, you would have noticed that Officer Stumler fired almost immediately after ordering that man she

discovered to put his hands up. Despite releasing the bodycam video, Louisville police are not commenting on it. The chief, Steve Conrad, is

only talking about the facts of the case.

(BEGIN VIDEO CLIP)

STEVE CONRAD, LOUISVILLE METRO PD CHIEF: On Wednesday, March the 1st, at approximately 11:35 AM, first division officers were dispatched to 2613

Magazine Street on report of a man doing drugs on the side of an abandoned house.

The three officers entered the house to search it. They announced their presence as they entered the house and continued to announce their presence

as they searched. As officers were leaving the house, Officer Stumler noticed a man, who turned to be Mr. Warrick, hiding behind a mattress that

was leaning up against a wall in the front living room area.

Officer Stumler ordered Mr. Warrick to show his hands, and then fired one shot, striking him in the abdomen. Immediately following the shooting,

officer`s handcuffed Mr. Warrick, called for EMS and began to provide first aid.

(END VIDEO CLIP)

BANFIELD: So Officer Stumler tonight is on paid administrative leave. The investigation, as you can imagine, is ongoing.

But as for that man who she discovered behind the mattress, that`s him. And family members say Bruce Warrick is still in the hospital tonight. He

was shot in the abdomen. The doctors performed two different surgeries to repair damage. They had to remove Warrick`s gallbladder and part of his

pancreas and intestines.

Christopher 2X is the spokesman for Warrick`s family and Thomas Clay is the attorney for Bruce Warrick, and they join me from Louisville, Kentucky,

tonight. Thank you to both of you.

Christopher, maybe I can begin with you. As a spokesperson for the family, now -- how is he doing now? Is he getting any better? And what`s his

prognosis?

CHRISTOPHER 2X, FAMILY SPOKESMAN: So Ashleigh, just left the hospital about 30 minutes ago before -- to come over and talk to you guys. Again,

he had a nine-hour surgery on Friday. He is still in a really induced coma. He actually is not improving. His blood pressure was rising when I

left. And at the end of the day, he is listed in serious critical condition. And I collaborated with (INAUDIBLE) trauma with the surgeons

and the nurses there, and Dr. Keith Miller, excellent trauma surgeon, just said his prognosis is going to be really tough.

BANFIELD: Does it look like he`s going to survive?

2X: Well, they`re hopeful for survival when he came out of the first surgery. The second surgery was very long. You understand this bullet

never exited Bruce`s body. It blowed up inside his body, so fragments are all in the tissues. They`re worried about infections, potential pneumonia

issues. But at the end of the day, he`s heavily sedated and they`re hoping at some point, they can do some CAT scans to see if there`s any spine

injuries or any paralysis.

BANFIELD: So Thomas Clay, as the attorney for Bruce Warrick and for his family, have you had a chance to speak with him at all? Is he able to

speak at this point?

THOMAS CLAY, ATTORNEY FOR FAMILY: Bruce is not able to communicate. And I`ve talked to some of his relatives. Of course, their main concern at

this point is for his health and his improvement and his survival. But they also are very concerned about the events that led us to where we are

right now.

BANFIELD: And will these events lead you and your client and his family to launch a civil lawsuit against the police department?

CLAY: At some point, I`m sure there will be civil litigation over this involving the excessive use of force.

BANFIELD: So about that, excessive use of force, we just had the gun barrel view of what these police officers went through. For two-and-a-half

straight minutes, they were clearing that home, where, as I said in the intro, every single corner can be their last. They said no fewer than five

different times, Show yourself. Those are verbal warnings to your client, Mr. Warrick, and he did nothing. He hid behind that mattress until that

moment where we saw him being gunned down.

Does that not factor into any kind of defense for the department and for this particular officer?

CLAY: It may. We don`t know what Bruce`s status was at the time of this encounter. He may have been sleepy. He may have been under the influence

of some kind of controlled substance. But certainly, he was not acting in an aggressive manner or in any way that, at least in my opinion, would

authorize this shooting.

[20:10:14]BANFIELD: Does Bruce`s family -- and obviously, Bruce, not being able to communicate this, it`ll be you speaking for his family. Do they

want criminal charges against this officer?

CLAY: Their main concern right now is accountability. They want to know the truth. They want to know whether Officer Stumler followed policies and

procedures with the LMPD, and they want accountability...

BANFIELD: But what -- you know, for...

CLAY: ... both criminally and civilly.

BANFIELD: For many people, accountability is different. For some, it`s a lot of money, and for others, it`s jail. What do they want?

CLAY: It may sound crass, but they want justice. And if that involves a criminal prosecution, the results of the investigation will be turned over

to the prosecuting attorney here in Louisville. He will make a decision whether to initiate a criminal prosecution. And the elected commonwealth`s

attorney is a very experienced prosecutor. He`s been in the law enforcement arena for decades, literally, both as a prosecutor and as a

judge. So I trust that he will make a sound decision once the results of this investigation are presented to him.

BANFIELD: I want to bring in Cedric Alexander, if I can. He`s CNN`s law enforcement analyst. He joins me live from Atlanta. With all of your

experience with police chiefs around the country, you watched that video with me, Cedric. You know from a cop`s perspective how terrifying those

circumstances are.

That man, Bruce Warrick, did not have a chance to raise his hands. But those officers gave him over five chances to show himself, and yet he was

secreted away behind that mattress. What do you see in this video in terms of the discussion we`re having right now?

CEDRIC ALEXANDER, CNN LAW ENFORCEMENT ANALYST: Well, you know, I think we all are going to see some of the same thing in this video, Ashleigh, and

some of us are going to see it very differently. But the most important thing here is how did that officer see it and what made her respond the way

that she did?

I think the video certainly is very clear. It`s very obvious there was a shooting that took place. We don`t know what she saw. And I think the

only way that we resolve this issue we`re talking about, there has to be a thorough investigation.

Now, one thing I must say about Chief Conrad. We have to applaud him from getting out front, doing a press conference, describing what he know up to

this point and also releasing this video as quickly as he did.

BANFIELD: Right, so that there`s not a lot of consternation.

ALEXANDER: Absolutely. Absolutely.

BANFIELD: Just quickly, Cedric, can I ask you -- this officer -- Officer Stumler has received 16 different commendations in I believe her nine years

at this department, two disciplinary actions, and they look to be pretty -- you know, pretty insignificant. Is that going to play well for her as she

goes into this kind of adjudication, whatever it may be? Will that help, the fact that she`s received those commendations? Will it mean absolutely

nothing?

ALEXANDER: Well, you know, it`s hard to tell. But here`s what we know. She`s been a police officer nine years, and at any day, any moment in time

in your career, it could be the first day on the job or our last day 30 years later, you can find yourself being confronted into this type of

situation.

This has to be a painful and horrible night for her, as it is for Mr. Warrick`s family. And what we have to do at this point, Ashleigh, is allow

an investigation to take place that will fully disclose not just what we saw in the video, but get statements from witness officers that were there,

also from the officer who was involved in the shooting, and the gathering of all physical evidence because the video certainly gives us a clear shot

of what happened, but there`s going to be other variables that`s going to come into play in this whole investigation.

BANFIELD: Sure. While you feel like you`re there, you`re not there.

ALEXANDER: Right.

BANFIELD: I sure appreciate it, Cedric Alexander, always good to talk to you, sir. Thank you so much (INAUDIBLE)

ALEXANDER: Good talking to you, too, Ashleigh. Thank you.

BANFIELD: You may remember this video that we showed you last week, but if you did not see it, I want you to take a good look at it right now. Police

in Nashville desperate to identify that man on your screen, lurking outside an apartment building in the middle of the night. Pay attention to those

jeans because on the back of the jeans around the knees -- rips. It`s an odd place to have rips on your jeans. There`s also rips in the front of

those jeans, too.

And the reason he is significant is because this is the apartment complex where a 23-year-old nurse named Tiffany Ferguson was found stabbed to death

about the same time that that video was captured. Here she is, as her job as a nurse. Sadly, she will be a nurse no more. She instead will be laid

to rest -- oh, she was laid to rest -- I beg your pardon -- on Saturday, and right now, her killer is still somewhere out there.

Police asking if you know anything, if you recognize those jeans, the gait of that person walking, anything about him, do call your local police. In

the meantime, we`re continuing to follow up on it, as well.

A boss fires his employee. That happens all the time. But this doesn`t, things getting right out of control when the man allegedly goes after the

ex-boss with not only fists but with a knife, and then with his truck. And you will not believe how the boss survived. I`m going to show it to you in

a moment.

[20:15:16]But then there was this, a terrifying drive-by shooting shockingly caught on a bystander`s dashcam. Maybe more socking, that`s a

mom and her kids in that car, totally unrelated to the shooter. How did they survive it? You`re going to find out when we widen out that video in

a moment.

(COMMERCIAL BREAK)

BANFIELD: Police say a former employee allegedly attacked his former boss over a dispute regarding back pay. But this was no ordinary disagreement.

He actually tried to ram his former boss, allegedly, with his truck. And shockingly, that boss was able to survive. Look closely. How anyone could

survive that is remarkable!

And there is even more to this story, police saying that, apparently, they wanted to solve their dispute the old-fashioned way.

(BEGIN VIDEO CLIP)

LT. CARL ZOGBY, HIALEAH POLICE DEPARTMENT: He`s fine. He didn`t even call the police. When it was all said and done and the bad guy fled, the victim

drove himself to the hospital, limped back into his car after they treated him and went home. He`s recovering. He`s in pain, but he`s fine. But he

got lucky because he could have died three times that day.

(END VIDEO CLIP)

(COMMERCIAL BREAK)

[20:20:51]BANFIELD: When people lose their jobs, they react differently. Some people yell. Others cry. Some become violent. And it was that third

thing that happened in Miami, Florida, a man confronting his boss after being fired. Police say he wasn`t happy about two days of back pay.

The strange part is they also say there was plenty of warning about what was going to happen, threatening text messages, something about knives and

guns and killing and stuff. So sure enough, the made-for-TV altercation just so happened to be caught on the surveillance cameras.

Check out the video evidence. The two of them begin squaring off outside the cafeteria. Doesn`t look very good. Police say the man who was fired

lunged at his former boss with a knife, cutting him in the chest and the arm, and then chasing him around the parking lot. But the tables turned,

boss gets the upper hand, gets the knife way, bashes his assailant in the face with a rock. Ick. After a brief fight, I guess they decide to sort

of call it off, sort of.

They go back to their trucks, but that`s when things get even more deadly because the fired employee backs up his black truck, and then barrels

forward, plowing right into the chain-link fence, and the man -- wow, what? He survived. He kind of just bounced right back out of the chain-link

fence.

Really weird. Really, really weird. I guess you could say really, really lucky for that guy. Check that out. He`s able to sort of run off.

yes, but the fired employee is not finished even after this little moment. He decides to keep ramming his vehicle into the work (ph) truck (INAUDIBLE)

speeding off, dragging a huge piece of fence behind him, and then even decided to take a second pass right there -- jaypers! (ph) -- over the

former boss. But he missed that former boss. Eventually, I guess he gave up and took off.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: Two men who wanted to settle a dispute the old- fashioned way, I guess. Sario (ph) jumps out of his black pickup truck with knife in hand, wielding it. It happened so quickly, victim, Rainaldo

Mendez (ph) tries to kick the knife out of his hand, and then runs for his life, is able to pick up a rock, defend himself, knocks out Osorio, the bad

guy.

(END VIDEO CLIP)

BANFIELD: Did you keep up with all of that? OK, here it is. This is the guy behind bars tonight, the alleged assailant, the one who was fired.

He`s being held without bond. His name is Orelio (ph) Osorio. There is evidence of the rock attack there on the left-hand side of his face. See

it? Looks pretty painful. That`s what happened with the rock. But he`s the one who`s being charged, and it`s not little, either. It`s attempted

first-degree murder. That is not little.

Carl Zogby is the executive assistant to the chief of the Hialeah Police Department. He joins me from Miami. I watched you narrating this, and

could not believe, Lieutenant, what I was hearing, as I assumed you could not believe that you were seeing when you first saw the tape.

ZOGBY: Absolutely. Thank you for having me, Ashleigh. That was a very accurate, terrific narration of the events. And it`s crazy stuff, crazy

stuff. And we -- the police practically stumbled over this -- onto this video. We were responding -- the guy never called the police.

BANFIELD: That`s what I don`t get.

ZOGBY: We responded to a damaged fence two days later.

ZOGBY: I don`t get that. I don`t get that. We watched him within an inch of his life survive being rammed into that chain-link fence, and could have

been run over. I still can`t believe he survived. And you`re telling me he did not call the police. It was the guy who said, My chain-link fence

is broken. I think I`m look into it. And that`s how you came upon this?

ZOGBY: Absolutely. The business owner found on Monday morning -- because this happened on a Saturday at 6:00 o`clock, Saturday before last.

Business owner comes in on Monday. His fence is destroyed, calls the police, decides to look at his surveillance camera. And we run into this

situation. Right away, our detectives got involved.

We actually got the victim`s number from his van on the video, and we called him to find out. And then he told us his account, and it all made

sense. But this guy tried to settle stuff macho-style, and I guess later, he didn`t want to call the police. He said that wasn`t his style. He just

drove himself to the hospital.

BANFIELD: Oh! It`s unbelievable. Here`s what I also don`t get. After all the "Forensic Files" and "CSI" and all those different shows that tell

you how you can get caught if you do something wrong, there were apparently all these threatening text messages that were sent beforehand allegedly

from the guy who was fired to his former boss, threatening to use a gun, a machete...

[20:25:18]ZOGBY: That`s right.

BANFIELD: ... a knife when they were going to meet up, and still the former boss decided to come to the meeting spot.

ZOGBY: Bad judgment. Bad judgment. As you yourself narrated in the video, he had more lives than a cat that day. He could have died at least

three times, and it`s a miracle he didn`t. We`re very glad about that. But bad judgment to have settled the dispute on his own. Never called the

police in the beginning when he got the threatening text messages, never called them at the end. And now we have an attempted murder situation.

Luckily, it wasn`t murder.

BANFIELD: Hey, by the way, the guy we were just showing, the fired fellow with the rock marks on his face, he, as I understand it, did not tell you

the truth when you first approached him about this, did he.

ZOGBY: Yes. He was very evasive when the detective went to visit him. But then when he was confronted with the video, there was no denying, so he

admitted everything. And his first reaction was to deny, deny, deny, as though it was just a mutual dispute. But the video tells the whole story.

Thank God for the video.

BANFIELD: Well, that`s what we like to say on television, as well. Lieutenant, stand by for second. I got Dan Shorr, who`s a former

prosecutor here, and Eric Guster, defense attorney, who are joining me, as well. They`d would love to weigh in on this.

You got the text messages. You got the video. I mean, you got yourself a case here. This is really hard to defend.

ERIC GUSTER, DEFENSE ATTORNEY: It is hard to defend because he drove the truck. But there`s a thing called mutual combat. If we agree to fight,

then you can`t charge me with assault.

BANFIELD: You can`t bring a car to a knife fight, can you, Dan?

(LAUGHTER)

GUSTER: That`s what -- but that`s what I said! Because he drove the car and tried to run the guy over, that`s a criminal charge. But coming to

fight, people do it all the time. Let`s handle this like men, let`s take this out to the front yard and...

BANFIELD: Wait, wait, wait. With a knife? With a knife?

DAN SHORR, FORMER PROSECUTOR: Well, he also had the opportunity to retreat from the fight, and he didn`t take that opportunity, so he`s continuing to

fight. The other thing that`s important here is the victim does not want to prosecute, but he`s -- but the employee is being prosecuted anyway, and

that`s important because it`s important for the government to say, This person is a public safety threat. Look what he did. Even if the victim

doesn`t want him in jail or prosecuted, we`re going to try to convict him of attempted murder.

(CROSSTALK)

GUSTER: And they will have him at trial, too.

BANFIELD: Do you know what? That`s what I always say because God knows who among us might have been his next employer, right? Isn`t that way it

doesn`t matter -- people love to say, So-and-so doesn`t want to press charges. That`s malarkey -- I love Joe Biden`s word -- because it`s not

about people pressing charges, it`s about the police doing it.

GUSTER: That`s why charges are listed -- the state of -- whatever state, the state of Florida versus this man instead of the individual versus the

individual. It is to protect the state`s interests, to protect citizens` interest.

BANFIELD: So Dan, how long do you think this fellow, Illario (ph) Reyes Osorio is going to go away for, if any?

SHORR: Well, if he`s convicted of attempted murder and the case is overpowering, you would think it would be substantial state prison for this

offense.

BANFIELD: What is substantial?

SHORR: It could be a decade or more. It depends on what kind of -- what he might be able to arrange, but it`s tough. You have him on video. You

have a confession. It`s really up to the prosecutor how far they want to take this.

GUSTER: But you have a victim who may not want to prosecute.

(CROSSTALK)

GUSTER: And if you don`t have a good victim -- if you -- if your victim says, I don`t care about this case, then prosecutors may...

(CROSSTALK)

BANFIELD: Last word to Lieutenant Zogby. What do you think is going to happen here, sir?

ZOGBY: They`re absolutely right. And unfortunately, that`s a challenge that we face in law enforcement nowadays. The victim has to cooperate all

the way to the end.

We definitely hope he cooperates. We definitely hope he sees how dangerous this man is, how dangerous he was to him. And yes, if he cooperates, this

will get a conviction because we have all the evidence we need. And he`s right, he could spend a decade or more behind bars. Attempted murder is

serious. But this guy should have never met him out there.

BANFIELD: I`m with you.

ZOGBY: He could have gotten him killed. But what we want...

BANFIELD: I`m with you.

ZOGBY: ... is for him to follow through with this. That`s what he needs to do. That`s what we urge every citizen to do when they`re victims of a

crime.

BANFIELD: Will you come back and be a guest on our show again?

ZOGBY: Absolutely.

BANFIELD: You are simply delightful. Thank you, Lieutenant...

ZOGBY: Thank you.

BANFIELD: ... Carl Zogby joining us live tonight from Miami, one of my favorite places.

All right, this is the stuff of nightmares for anybody who drives a car. Who doesn`t, right? You`re minding your own business. You`re at a red

light. You`re peeking in your rearview mirror, you know, because your kids are cute in the back seat. And suddenly, somebody pulls up beside you.

And suddenly, that somebody starts firing off rounds from an assault weapon. This actually happened in Kansas City, Missouri. And remarkably,

it was actually caught on someone`s dashcam video.

The car right behind the action just so happened, as civilians, to have a dashcam recording when that gunfire erupted. Inside that car, the mom and

her kids incredibly were not hurt. Again, incredibly.

[20:30:00] But it may have been because they weren`t the targets of this. The target may have been the car way out to the left across the street. If

you look to the left of the black sedan you can see the dust clouds from the bullets actually scraping the street. See that far off the screen?

See that guy? There is a guy you can barely make out. He is diving for cover. And that actually is the story that matches with our CNN Affiliate

KFHB has reporting, that the shooter wasn`t aiming for the black sedan with the mom and the kids, but instead that parked car that was nearby. The

Kansas City police are investigating because who cares where you were aiming? There were kids between that gun and the target. Thank god

they`re ok.

If you have ever worked in the restaurant business -- six years, thank you. Battle scarred. You really do know what you`re getting into everyday there

is breakfast rush, lunch rush, the occasional difficult customer, but there is one thing that you do not expect to deal with, outside of a fast food

drive through window in Bristol, Tennessee. That is a frantic mom holding her baby. Reportedly that child is not breathing and in seconds a teenage

employee coming in to save the day, turns out, she know CPR and she begins performing CPR on that toddler and does not stop doing it. Look at her.

She knows exactly what she is doing that kid. She did this all the way up until the ambulance arrived. Wow. Here is that worker talking to HLN

affiliate, WCYB.

(BEGIN VIDEO CLIP)

KAELA EADS, WORKER WHO PERFORMED CPR: She says somebody help me. He is not breathing. Does somebody know CPR?

My first instinct like a blink in the eye is to go.

(END VIDEO CLIP)

BANFIELD: Your first instinct is right.

Sweetie pie you could work for me any day of the week. The little boy is reported to be doing very well and watching cartoons in the hospital and

maybe he is watching cartoons in his footy jimmies back at home. Thanks to her, fantastic.

In California a dirt biker might have taken a risk just a little bit too far when he thought he would jump the 60 freeway in Riverside County. The

video was posted to Instagram. It`s pretty awesome. Takes off, makes the pass, picture perfect landing on the other side but -- always a, but.

Things went well for the jump but now the California Highway Patrol on the riverside County sheriff department and police department are reviewing

this awesome video that again was posted in Instagram, because this stunt could be a potential disaster. Maybe breathtaking to look at but one miss

calculation could have not only hurt him and the lives of the other drivers on the highway and risk as well. If you`re out there, get what, you landed

it, but you may be landing somewhere else if they catch you.

A convicted sex offender on the prowl in Omaha but how is this guy in the mask, coming into a hotel at 3:00 a.m., how is he even out and walking

around?

And a brand-new dad facing charges after leaving the baby allegedly all alone in 22 degrees out in the car while he bellows out to the bar and you

know what, we`re not going to make you count how long he was in there. We`ve got the answer for you and the evidence of just how loaded he got

next.

(COMMERCIAL BREAK)

[20:38:07] BANFIELD: Ok. This next story took me back to this movie that I have never been able to shake off called "The Jagged Edge" if you haven`t

seen it, you should. Glenn Close, Jeff Bridges, jagged knife, freaky scary the whole bit. And along came this story today, again, I`m right back

there at the jagged edge. In most hotel in the middle of the night, you`re supposed to have a key card to get in through all the doors, except maybe

for the front door, and police say that is exactly how a man wearing a creepy ski mask got into a hotel lobby, lurked throughout all the hallways

allegedly trying to sexually assault the female front desk clerk. I`ll show you some surveillance video. Here he comes. How would you like that

coming through your door if you`re the 3:00 a.m. overnight clerk? He is walking right through the lobby. We blurred out his crotch area because

the whole time he was doing something crude and we can`t show that. He is trying to find her. Here he is peeking around one of the corners in the

ding area, still hands inside the pants. Ski mask, steps into the alcove, waiting, hides, here is the front office desk clerk. She grabs papers in

the office. Oh, god, he is right around the corner. She approaches that hiding place of the attacker, she got no clue that he is in there. But she

turns just before getting in there the attacker getting in there as well. And he is gone around that corner and now he is grabbing her. We`ve had to

blur this out to protect her identity. He is apparently according to the police groping her. Our hero is grabbing off the mask. She rips off the

mask, he runs out and then he comes back, tries to hide himself. A couple of minutes later she sees him again. She runs off. Man he is just not --

that is the moment, right there. He was caught on video and they enhanced it. Even though he tried to cover his face, he chased after her. They

struggled again over the ski mask. Maybe he was worried about the DNA that he left behind. But he finally takes off and the clerk gets away. The

investigator says that going back to get that mask is what got this idiot caught.

(BEGIN VIDEO CLIP)

[20:40:30] UNIDENTIFIED MALE: He entered the promises and waited for the female front desk employee. The female victim fought him and dislodged the

mask. He left the hotel and went back to the hotel to retrieve the mask.

(END VIDEO CLIP)

BANFIELD: Dumb idea, because the sheriff says this attacker masked here is actually a man named Zachary Person, and they arrested Zachary Person, 29

years old at his mom`s house, where he lives. Investigator say Zachary Person is the one who is responsible not only for this but multiple sexual

assaults right across several states as well. Anibal Preston is an investigative reporter for Telemundo in Nebraska. He joins me now from

Omaha, Anibal this is really incredible, the fact they were able to tie this video, because that worker was so brave and was able to fight him off

and get off that mask and the fact that he came back for the mask it was the split second of the video that was able to tie him visually to other

attacks. How did the make the nexus?

ANIBAL PRESTON, INVESTIGATIVE REPORTER FOR TELEMUNDO: The law enforcement committee over here in Omaha, start to send information out to the media

and other departments and surrounding cities and through that they were able to see the videos and connect the dots together. They were able to

identify him in an -- an attack at a morning site in neighboring state in Iowa to the city in South Dakota. That is how they got to him. Then they

started to piece together all of the sexual assaults that he had done to other parts. That is how they were able to connect the dots?

BANFIELD: It`s remarkable that this guy was actually awaiting sentencing on other attacks that he pled to when these series of attacks allegedly

played out. I want to play Sheriff Dunning and what he had to say about other incidents that this man, Zachary Lee Person, get a good close look at

his mug shot, is responsible for. Here is the sheriff.

(BEGIN VIDEO CLIP)

TIM DUNNING, SHERIFF DOUGLAS COUNTY, NE: He had a similar incident occur in their jurisdiction on March 1st just hours after the West Omaha attack

at the campus of Morningside College. He was pending sentencing for similar attacks on female joggers, students and gas station employees in

South Dakota in Nebraska between 2007 and 2017.

(END VIDEO CLIP)

BANFIELD: he should also mention that Zachary Lee Person is a registered sex offender already. Got a rap sheet to a sex assault in 2015, a stalking

conviction in 2013, a sex assault in 2012, there is the rap sheet for you. And sentencing on other incidents scheduled for March 23rd.

Really quickly, how does that factor? What`s happening right now with what`s caught on tape and the connection they made to the other attacks at

the college? How does that factor into the sentencing scheduled for a couple of weeks for now.

PRESTON: Anytime you have priors, it definitely factors in, because a person who had done something before --

BANFIELD: How about priors and during? This isn`t even a prior.

PRESTON: During does go to sentencing on the current case, depends on the jurisdiction. But he would not make bond.

BANFIELD: Why is he out in the first place? Why is a guy like this out in the first place?

PRESTON: We don`t know the sentencing decisions of the previous cases. I know as a former sex crimes prosecutor, there is a higher recidivism rates

in sex offenders. That is why he was able to be found shortly after the act. He should serve a lot of time. This video is really powerful

evidence.

BANFIELD: He is driving hundreds of miles this night to hit up allegedly two sites. I`ll have to leave it there. I`ll get you on the next story

for sure. Stop me if you`ve heard this one before, guys.

The dad goes into a bar to blow off steam. But he leaves something very important behind in the car, his brand-new baby. Yes, in a snowstorm, 22

degrees. Baby is in the car for hour one, hour two, hour -- yeah, you get where this is going.

(COMMERCIAL BREAK)

[20:48:20] BANFIELD: Father of a newborn is in hot water for his actions at a bar on a cold night. Police say that the dad didn`t bring the two and

a half month old inside while he drank. They say he allegedly just left her out in the car while he drank. And this is not just a quick drink

either. How long the officers say that child was left in a freezing cold car while daddy downed a big old jug of jack and coke. You`re going to

hear all about it next.

(COMMERCIAL BREAK)

[20:50:41] BANFIELD: As a brand-new parent you want to be there for everything when your child is a newborn. But sometimes, face it, be

honest, you just need a break. Maybe that is what this dad was intending at this bar in Wisconsin. He is sitting at the countering his yellow

jacket and drinking a huge jack and coke. But then the bartender said the customer began to act strange and mumbling and even bouncing off the wall

as he walks to the restroom. And then he eventually fell off the bar stool. Not a good sign. Customers helped him back up, while she helped

herself to his car keys and when she tried to call him a cab, the bar owner said he made a business bizarre statement, he said I`ve got to go check on

my girl, my girl? That little girl, that newborn baby, ten weeks old left in the car, 22 degrees outside for hour one, and hour two, and hour three

in the bar? In comes the newborn, still in the car seat. She is crying. That is when the bar owner called the police. That is him in the red,

saying you`re not leaving, fellow. Police arrested him. His name is Marriett Cox. He is been charged with child neglect. Apparently Marriett

Cox, let`s say the mom of his baby, not happy.

(BEGIN VIDEO CLIP)

TIM STYKE, SHERIFF MANASHA WISCONSIN: The child`s mother was working. Mom was putting in 12 to 14 hour days. And when mom found out about it she was

crushed, upset, angry, horrified.

(END VIDEO CLIP)

BANFIELD: You left out livid. Teresa Gietman is the bartender who served dad while baby is in the car and ultimately said, enough already. There is

a snowstorm outside. There is a baby in the car. Thank you for joining me. Can you believe what you ultimately discovered after three hours of

this guy sitting on the other side of the wood?

THERESA GIETMAN, BARTENDER WHO SERVED DAD: I could not believe it at all. I was totally stunned and shocked that a human being would do something

like this especially to a newborn, not like an adult, just a newborn.

BANFIELD: She was so tiny, right? 10 weeks old, so little. I am from Canada, so I know cold. 22 degrees is cold. It was also a snowstorm.

What was weather like that that day?

GIETMAN: It was heavy. All the cars were covered with snow. All the while he was sitting there it was snowing, and the vehicle that he had --

the windows had -- were tinted very dark. So if you park next to him, you would not be able to see into the vehicle.

BANFIELD: Maybe that is why that baby was out there for three hours, nobody could tell even driving by, because of the window. What was he

like? I`m just seeing the pictures of him. He looks like he is completely loaded, can`t focus on his phone. And bobbing and weaving. Even when the

cops arrive, he looks like he was falling backwards. How bad was it?

GIETMAN: It was pretty bad. After serving him the first one and when I did talk to him like small talk, I just thought he had a mental disability

or something. But when he got off the bar stool, then I knew right away that --

BANFIELD: Listen, I was a bartender too. And you get all kind. So you have to be sort of on your toes. You grabbed those keys pretty darn early,

and that is a great thing. By the way we should remind our viewers. What time of day was this, Theresa?

GIETMAN: It was afternoon.

BANFIELD: Started at 11:00 a.m., right?

GIETMAN: Yep.

BANFIELD: Do you think he was loaded before he got into your bar?

GIETMAN: I -- to be honest with you, when he walked in, I honestly did not think -- I thought he was perfectly fine. But as soon as after that first

drink, obviously he wasn`t. I don`t know if there was other involvement with him.

BANFIELD: I`ll tell you what. I don`t know if you were able to witness this piece of video. One of the police officers, so adorable, ended up

changing the baby`s diaper at the end of your bar. Was that sweet and thoughtful, about that little baby, well being after the baby had been in

the cold for so long that the police officer actually changed the baby`s diaper, unbelievable. Well, there is that. Thanks to Theresa and thanks

so much also to Dan and Erik for joining me tonight. Thank you for being here too. I`ll see you tomorrow at 8:00 on PRIMETIME JUSTICE.

And up next, "HOW IT REALLY HAPPENS WITH HILL HARPER" and the Jonbenet Ramsey case.

(COMMERCIAL BREAK)

END