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PRIMETIME JUSTICE WITH ASHLEIGH BANFIELD

6-year-old in Back Seat of Stolen Car Murdered; Hate Crime Murder in Maryland; Cop Kills Perp Trying To Cut Off Man`s Head; Lyft Passenger Spits At, Attacks Her Driver; Man With Cerebral Palsy Assaulted. Aired 8-9p ET

Aired May 23, 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 MALE: All we want is justice to be done.

ASHLEIGH BANFIELD, HLN HOST (voice-over): Unthinkable, senseless evil.

UNIDENTIFIED FEMALE: Oh, my God! My God!

BANFIELD: A 6-year-old boy is carjacked when Mom runs into a store. Astoundingly, the suspects shoot the child to death.

UNIDENTIFIED MALE: I want to see that these individuals are held accountable for what they`ve done.

BANFIELD: Three boys hauled in, being charged as adults.

BYRON MCBRIDE, FATHER OF ACCUSED: My son did not kill that baby!

BANFIELD: Now their lives hang in the balance.

UNIDENTIFIED MALE: Hate has no place on a college campus.

BANFIELD: Did a white supremacist stab an all-American kid just days from his graduation?

UNIDENTIFIED MALE: It`s despicable.

BANFIELD: This ROTC stand-out murdered while visiting friends at the University of Maryland.

UNIDENTIFIED MALE: This was not a thug. This young man was an outstanding young man.

BANFIELD: The suspect, a member of a group called Alt-Reich.

UNIDENTIFIED MALE: It shows extreme bias against women, Latinos, members of the Jewish faith, especially African-Americans.

BANFIELD: Now the FBI is on the case.

UNIDENTIFIED MALE: Our students are afraid.

BANFIELD: A Texas cop faced with a life or death decision.

UNIDENTIFIED MALE: Hey! Hey! Hey!

BANFIELD: To shoot or not to shoot. The suspect is trying to behead his victim. Did the officer have any other choice?

UNIDENTIFIED FEMALE: I have the right to kick you out of my car!

UNIDENTIFIED FEMALE: Excuse me. What do you want to offer me?

BANFIELD: Passenger from hell.

UNIDENTIFIED FEMALE: Yes, 765, you`re (INAUDIBLE) treating me like...

BANFIELD: A Lyft driver deals with the worst of the worst. That`s right. She just blew her nose on the seat cover.

UNIDENTIFIED FEMALE: So you`re kicking me out of your car, bitch?

BANFIELD: Good thing the camera caught it all so we can tell you who this princess is.

Bottom of the barrel, a classless bully mocks a man with cerebral palsy, then lands this sucker punch. But sometimes justice is delivered in

pictures. Who`s laughing now, Barry Baker (ph)? Not you!

(END VIDEO CLIP)

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

You know that old expression, everything can change in a split second? It`s true. We`ve all been there, made a quick decision. Maybe it worked,

maybe it didn`t. But for Ebony Archie, a split second decision will haunt her for the rest of her life because she did what so many of us have

contemplated doing before even if just for a split second.

She left her child in a running car for a fast dash into a store. In Ebony`s case, she needed medicine and it was late at night. And her 6-

year-old little boy, Kingston Frazier, was in the back seat. She probably never saw the Honda Civic pulling up beside her little Toyota Camry.

Who knows if the carjackers saw little Kingston, probably fast asleep in the back. But when Ebony emerged from that store, her car and her baby

were gone. Hours later, authorities issued an Amber Alert for little Kingston.

And when the sun rose, they found that car and they found that boy, but not in any way that a parent could possibly process. That innocent little kid,

whose only crime was being 6, was shot multiple times and was dead in the back seat.

It wouldn`t take long before a tip led police to three teenagers. Here`s 17-year-old Dwan Wakefield. You can see him being taken into custody here.

Seventeen-year-old D`Allen Washington and 19-year-old Byron McBride were also hauled in. And all three are facing charges that just don`t get any

more serious -- capital murder. That`s death penalty for one of them, and possibly life, no parole, for the others.

But we are all still left with one excruciating question. Why?

(BEGIN VIDEO CLIP)

MICHAEL GUEST, MADISON-RANKIN COUNTY DISTRICT ATTORNEY: This appears to be a crime of opportunity in which a car was taken. A young man was asleep in

the back of the car, and ultimately, that young man was killed by the three individuals involved. But as far as what role any of the defendants may

have played in that, I don`t think it`s proper to put that information out at this time.

(END VIDEO CLIP)

BANFIELD: While investigators won`t say which role each of these teenagers may have played in this case, the father of one of the suspects claims that

his son was not the shooter.

(BEGIN VIDEO CLIP)

BYRON MCBRIDE, FATHER OF ACCUSED: Y`all have put my son not under the bus, y`all put my son under a bulldozer. He don`t have a chance. No weapon,

nothing is found on my son. How can you name my son out like this? It`s wrong.

[20:05:10]My son did not kill that baby! Did not kill that baby! But y`all going to kill my son! Y`all going to kill my son! My boy did not do

that!

UNIDENTIFIED FEMALE: Come on.

MCBRIDE: Y`all going to kill my son!

(END VIDEO CLIP)

BANFIELD: When he says that, he means it. His son is 19 and is eligible for the death penalty. Therese Apel is the breaking news reporter for "The

Clarion Ledger" and she joins me from Jackson, Mississippi, live tonight.

Therese, do they know at all what those boys did, why they did what they did allegedly, and who might actually be the trigger man?

THERESE APEL, "CLARION LEDGER": Well, the worst part is that after all the theories that went through, the one that I`m hearing the most from law

enforcement is just that they were going to steal the car and then that it went terribly wrong, and at the end, it ended up with little Kingston dead.

I have been told and it has backed up by the criminal affidavit that it`s believed that Byron McBride was, in fact, the trigger man. And of course,

we heard from his dad. There are a lot of high emotions surrounding that situation, of course.

BANFIELD: So I just want to put the three pictures of these teenagers up as we look at this little child, just so beautiful. You can see Dwan

Wakefield on the left and D`Allen Washington in the middle, and Byron McBride is the person on the right whose father you just heard said,

They`re saying that, you know, my son killed that boy. He didn`t, but y`all are going to kill my boy. He`s the 19-year-old.

He`s been previously convicted of a burglary that he admitted to actually in court. It`s also alleged that when Dwan Wakefield was pulled in, he

actually pointed the finger at Byron McBride, suggesting that it may have been Byron McBride. Is that -- have I got that reporting correct, Therese?

Is that what effectively may have played out when they were arrested?

APEL: I`m not really privy to what they have told investigators at this point, but I know that from my discussions with investigators, it is --

they are fairly certain about McBride being the trigger man. And I can only assume that came from testimony from the other two.

BANFIELD: You know, we heard Therese`s (sic) dad yelling, they didn`t -- you know, they didn`t have a weapon -- they didn`t find a weapon on my son.

There was no weapon on my son. But there`s no weapon at all in this case, is there, yet.

APEL: Not yet. Now, we understand that they have a general area they`re searching. And as a matter of fact, I went out the other day to take a

picture of the memorial that`s been left where Kingston was found, and there were search teams out there. It stands to reason that that`s what

they were doing. But at this point, no weapon has been found.

BANFIELD: All right, a little bit more about those three young men. The two 17-year-olds -- we talked a lot about Byron McBride. D`Allen

Washington and Dwan Wakefield, both 17 years old. They would not qualify for the death penalty were they ever to be found guilty, potentially, of

this crime because the Supreme Court has established the law of the land we do not execute those under the age of 18.

But I want to give you a little background on D`Allen Washington, guy in the middle -- criminal record, armed robbery in 2015 or 2016, it`s a little

unclear, but he was under indictment for that crime, and he was out on $25,000 bond at the time that this incident happened. So that 17-year-old

was already in a whole load of trouble even before this car was stolen and little Kingston Frazier was in the back.

Dwan Wakefield, also 17 years old, had a promising career going. I mean, this kid was a high school senior, on the football team. Show a picture of

Dwan. He was kicked off the football team. We don`t know why. That`s Dwan right there. We don`t know why Dwan was kicked off the football team,

but he was a starting quarterback on his team. He`s also, at 17 years old, the father of a 1-year-old child.

So obviously, some difficulties in their lives, all three of their lives. This is, of course, what we witnessed earlier. This was the arrest of, I

believe that was -- I think that`s Byron. I beg your pardon. That`s Dwan Wakefield`s arrest. I`m just trying to get a closer look. That`s the

arrest of Dwan Wakefield.

Look at the anguish on his face as police are leading this man. You see if you can read into what he`s thinking. Is he shocked? Does he have any

idea why they`re arresting him? Does he have a secret that he knows?

I want to go back, if I can, Therese, to you, and at the same time, I want to show some of the pictures from last night because there was a vigil for

little Kingston Frazier. Dozens and dozens of people showed up to honor the memory of this little innocent 6-year-old boy. They had spelled out

his name in balloons. You can see a lot of the family and friends had gathered. And they released those balloons for that little boy.

[20:10:10]What is the family at this point being told, if anything? Do we know, Therese, what they know? Do they know anything more than we do?

APEL: I don`t know that they do. Our other reporter, Sarah Faller`s (ph), been dealing more closely with them. But from what we understand, they`re

kind of in a waiting place, like we are. Obviously, one of those things where there`s so many members of the community reaching out to them because

I think every parent feels like the decision that Ebony Archie made is one that they`ve made a thousand times.

So to -- you know, at this point, the community, law enforcement, the families -- at this point, there`s been so much of an outreach to everyone

involved in this case. At this point, it`s hard to tell exactly what everybody knows, but needless to say, everybody`s talking to each other

about a lot of things.

BANFIELD: It`s just so hard to fathom. Stand by, if you will, for a moment, Therese. I want to bring in David Archie, who`s the great uncle of

little Kingston Frazier, the victim in this case. He joins me now on the phone. Sir, can you hear me OK?

DAVID ARCHIE, KINGSTON`S GREAT UNCLE (via telephone): I can.

BANFIELD: Mr. Archie, I am so sorry for what your family is going through. I`m so sorry for your loss. This little child, we`re seeing the pictures

of him. He was just beautiful. How is his mother managing at this terrible time?

ARCHIE: Well, first of all, I just want to say thank you and thank your staff and thank Mississippi and the city of Jackson for all the prayers and

the vigils and all the phone calls that the family have been receiving. I just want to say thank you for all of that.

But yes, Ebony is not doing well. She`s probably doing as worse as a mother can do at this time. She`s just completely under the weather. You

know, I believe that at the end of the day, she`s going to need some medical help, some professional medical help. She made a mistake, and in

making that mistake, she lost her child.

And I`m just simply saying, you know, from a family standpoint, that no family deserve this, and no one that lives in the United States of America

or any of these cities that we have here in America, that were criminals, are coming in and taking over the shopping centers, taking over our parks,

taking over our schools, and doing whatever they want to do at any given time.

And it just shouldn`t be tolerated here in America. And so we got to have a movement to stop this. We got to have a movement to get it stopped.

BANFIELD: Mr. Archie, I know you`ve seen the pictures of the three young men, two of them 17 years old, one of them 19 years old, who were arrested.

At least one of them is already pointing the finger at the other. What do you want to see happen in this case, sir?

ARCHIE: Well, you know, I want to see justice prevail. I don`t want just justice for our family, but I want justice for everybody. This is a

serious matter that has taken place, once again, all over this country, that when young teenagers from the age of 16 to 30 just have no respect,

just feel like that they can commit a crime and just get away with it.

And I can assure you that here in Mississippi that the people that are on the prosecuting side here in Mississippi will not allow them to get away

with it. They feel like they have the right people. It didn`t take them very long to go out and capture the ones that was accused of this crime.

And justice will prevail with the evidence that I believe that they have.

(CROSSTALK)

BANFIELD: Let me ask you something. The 19-year-old, Mr. Archie, Byron McBride -- 19 years old -- he would be eligible for the death penalty under

this capital murder allegation. It is hard to fathom, the other two just being 17, the difference between them could save two of their lives. Do

you want to see the death penalty in this case for Byron McBride, if he`s found guilty?

ARCHIE: Well, from an emotional standpoint, I would say yes. I think that I need more time to really think about it. I need more time to really look

at this case. You know, we`re planning a funeral. We`re having memorial services. We`re having balloons released, a lot of things that are going

on, so you get so emotional. And we`re caught up from an emotional standpoint now.

And I just want to get my right frame of mind, right to decide whether or not we really want the death penalty for each of them.

[20:15:02]But I can say this. It`s unexcusable. There`s no reason. They had many opportunities to allow Kingston to get out of the car. They could

have pushed him out of the car at the parking lot at the grocery store. They could have taken him to a small shop, store or small gas station and

let him out. They could have pulled aside the highway and let him out. They had so many opportunities to not take Kingston`s life.

And I can tell you this. They would not be looking at the death penalty and they would not be looking at spending the rest of their lives in prison

had they made the right decision at that moment, after stealing the car and after kidnapping Kingston. And so everybody lost.

BANFIELD: So many questions that still need to be answered as to why.

ARCHIE: All three of their families lost, and we lost, too.

BANFIELD: You are so spot on. And it is just so mystifying how anyone could take a gun to a child like this, so innocent, and like I said...

ARCHIE: And let me just add this. Let me just add this. I don`t think that it`s right for people here in America, in the land of the free and the

brave, to where you can`t leave your car for just a moment, like -- and to go into a store or whatever we`re going to do -- we pull up to a park or go

and get some gas. You know, all over America, people pull up to the gas station and run in and pay for their gas, and they come out and pump their

gas. And many times, nothing ever happens.

And so I think that it`s wrong for us to have to stop doing the things that is very easy access for us here in America judge to satisfy the criminal.

They did it at the airport. You know, we don`t have all that free stuff and meeting our family and friends at the airport because of bin Laden and

that situation.

And now we`re here, right in our community. Now they`re terrorizing the community. They`re terrorizing the parks. They`re terrorizing the

shopping centers and they`re terrorizing the churches. I mean, when`s it going to stop?

BANFIELD: Well, tell you what, Archie. (sic) We are going to watch this case. We are going to watch these three. We will continue to follow what

happens. They have appearances that they`re going to be making and a lot more evidence still to come out. Mr. Archie, please give the rest of your

family members and his mother our best and our condolences, and we are so sorry for the loss that you`ve had to endure.

ARCHIE: I will. And thank you for having me and thank you for giving us this opportunity.

BANFIELD: Thank you, David Archie joining me in Mississippi tonight.

A silent memorial to a Bowie State University student who was randomly stabbed to death on the street. Was Richard Collins III targeted because

of his race? And should therefore the suspect be charged with a hate crime? Can they prove it?

(COMMERCIAL BREAK)

[20:22:20]BANFIELD: It`s graduation day for Richard Collins III, and what a graduation, a big career ahead as a second lieutenant in the U.S. Army,

the intelligence division no less. But instead of attending what should have been the biggest day of his life, his body is being prepared for his

funeral.

That`s because out of the blue on Saturday, during the early morning hours, while Richard was minding his own business at a bus stop, someone stabbed

him to death, and it may have just been because he was black.

Before we get to the how and the why, you should see how his college honored his very honorable life today. That was the graduation ceremony

being set up right there at Bowie State, Lieutenant Collins`s gown draped over his empty chair in the front row.

How did we get to this tragic scene? A young lieutenant was just visiting friends over the weekend at nearby University of Maryland. He had just

recently received his commission as a lieutenant. He and his pals were at a campus shuttle stop about 3:00 AM. They called an Uber. And witnesses

say a stranger came up out of nowhere and started yelling, Step left, step left if you know what`s best for you.

When Lieutenant Collins refused, officers say that man just pulled out a knife and stabbed him in the chest. Investigators arrested this man, Sean

Urbanski, a student at Maryland. Police believe that Urbanski was a member of a Facebook group called Alt-Reich Nation, a white supremacist group. So

now, naturally, the FBI is looking into whether this was a hate crime.

(BEGIN VIDEO CLIP)

CHIEF DAVID MITCHELL, UNIV. OF MARYLAND POLICE DEPARTMENT: When I looked at the information that`s contained on that Web site, suffice it to say

that it`s despicable. It shows extreme bias against women, Latinos, members of the Jewish faith, and especially African-Americans.

(END VIDEO CLIP)

BANFIELD: So once again, this was how Lieutenant Collins`s graduation was commemorated -- just his gown, empty chair, a remembrance of a life that

could have been. Sean Urbanski, on the other hand, is being held without bond on first and second-degree murder charges, as well as first-degree

assault.

Chuck Carroll is an anchor for NBC News radio. He joins me from Washington. Do we know anything about this man, about Sean Urbanski, other

than what we just heard the official say?

CHUCK CARROLL, NBC NEWS RADIO (via telephone): Really, prior to the stabbing, we really didn`t know a whole lot about this guy. He had no

criminal record prior to Saturday night. The only thing that we`re learning now about him is that he belonged to that white supremacist on-

line group. But other than that, this guy had really been an enigma. He had not been on law enforcement radar whatsoever. He was just another

student at the University of Maryland.

[20:25:08]BANFIELD: But Chuck, at the first appearance, didn`t his lawyer suggest something along the lines -- and it pains me to even suggest it --

alcohol and substance abuse or something along those excuses?

CARROLL: Indeed, the attorney, as a matter of fact, said following the bond hearing on Monday that alcohol and drugs may have played a significant

role in the attack. And as a matter of fact, police drew Urbanski`s blood after taking him into custody there Saturday morning. So they`re going to

ship that out to the lab and definitely screen for intoxication (INAUDIBLE) definitively one way or the other right now whether that is the fact. But

certainly, his attorney is going to argue that in court.

BANFIELD: Well, good luck with that excuse for his attorney. I want to -- obviously, if he`s Richard Collins III, his father is Richard Collins, Jr.

And he attended his son`s graduation today. And it was an extremely moving moment when from the stage, Lieutenant Collins`s family was asked to come

up and accept this commission and this honor. I want you to watch what happened.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: At this time, I ask the family of Second Lieutenant Richard Collins III, and his fellow second lieutenant commissionees to

proceed to the stage to receive Lieutenant Collins`s hood and degree.

(CHEERS AND APPLAUSE)

(END VIDEO CLIP)

BANFIELD: We should note that as they appeared on that stage, it was a standing ovation for Lieutenant Collins. It is hard to believe that just

two days before, he was so brutally murdered senselessly murdered, and just a few days before he should have been receiving his degree up on that stage

instead of his family being hugged in his absence, amid the cheers and support of the fellow students there.

He actually spoke at an Army commissioning event. Young Lieutenant Richard Collins had this to say about adversity and his views on it. Take a

listen.

(BEGIN VIDEO CLIP)

LT. RICHARD COLLINS III, BOWIE STATE UNIVERSITY: I faced adversity throughout my time at the university, but I always seemed to overcome that.

(END VIDEO CLIP)

BANFIELD: That was played, in fact, that speech -- that was played last night at a vigil that was held for him, legions of people showing up to

honor his life last night. And one of those who showed up was Lieutenant Colonel Joel Thomas (ph), who is professor of military science at Bowie

State University, and he gave a heart-wrenching dedication to Lieutenant Collins. Have a listen to him last night.

(BEGIN VIDEO CLIP)

LT. JOEL THOMAS, BOWIE STATE UNIVERSITY: Richard was an outstanding individual. He was an outstanding cadet. As we move forward, let`s cry,

let`s remember and laugh, but keep on working!

(END VIDEO CLIP)

BANFIELD: I don`t think I have to tell our audience it is rare to see a lieutenant colonel break down in tears, but that is the emotion that is

left behind in the void of Lieutenant Collins, in the loss of Lieutenant Collins.

Vidal Adams is a friend of Richard Collins III. He joins me live from Ft. Washington, Maryland. Vidal, I`m really sorry to be joining you in this

circumstance. And I`m so sorry for your loss. What would you like us to know about your friend, about the kind of person he was?

VIDAL ADAMS, FRIEND (via telephone): He was the best kind of person you could ever really ask for, especially in a friend. He was everything that

exemplifies a leader. He was everything you could ever want in a friend.

Whenever you were around him, all your troubles, anything you`re feeling in the world, it just goes away. When you`re with him, it`s nothing but fun,

excitement and adventure. He truly was a great friend. And to me, he`s more than a friend. He`s my brother. I didn`t just lose a friend, I lost

a brother.

But I know God has other plans. So at the end of the day, God has called him home, another angel.

[20:30:00] But Richard was definitely the best kind of person you could ever want to be around. He was definitely a leader.

BANFIELD: Vidal, you were to be with him that night. What happened? Why weren`t you there?

ADAMS: I was at work. I was working real late. And then when I got off, I was just really exhausted. I didn`t pay attention to my phone at all.

And then I didn`t hear about everything escalating until like the very next day when I got a text at work.

BANFIELD: It`s unbelievable to have to hear that news after having to go to work and miss out on that evening with him. And also, you know who

knows who might have been victimized as well, if you were there. Hold for a moment, Vidal. I want to bring in Caroline Polisi and Danny Cevallos.

You heard the officials say the person they`ve arrested has a Facebook membership. It`s a huge leap to get from a stabbing on the street to a

hate crime?

DANNY CEVALLOS, CNN LEGAL ANALYST: It`s not that huge of a leap. The fact that you`re a member of the Aryan brotherhood, for example, that is covered

by the first amendment, but that doesn`t prevent a court from using it as evidence of racial animus. Courts have dealt with this before. It`s a

clear rule by the Supreme Court. Evidence of your membership in a hate group can be used as evidence of racial animus when you`re charged with a

hate crime.

BANFIELD: But Caroline, can a racist, even if he is proven to be a racist, commit a crime that isn`t a hate crime? Don`t you have to prove the

proximity of the hate at the moment of the killing?

CAROLINE POLISI, DEFENSE ATTORNEY: Typically a motive is not an element of the offense of murder or manslaughter. However, in order to prove a

federal hate crime, they`re going to have to show this man was motivated in whole or in part by racial animus or bias against the man`s perceived race,

religion, or national origin. That is where the Facebook evidence is going to come in. It`s going to look that this man hated an entire class of

people. That could be the motive right now.

BANFIELD: Very troubling. A horrifying 911 call as a man on PCP appearing to be pretty damn high, and also appearing to be trying to behead another

man. (BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: Is someone being stabbed, is that what you`re saying?

UNIDENTIFIED MALE: Can you hear me?

(END VIDEO CLIP)

(COMMERCIAL BREAK)

[20:37:19] BANFIELD: You might not know this, but ask any cop if he or she has fired the service weapon while -while on duty, and they`ll tell you

now. That is why it`s such a big deal. In Texas a six-year veteran had to make a lightning-fast decision, while responding to a call, a stabbing in

progress. It was getting brutal. When the officer arrived, what he saw was frightening. A man crouched over another with a knife, and it looked

like he was trying to behead his victim. So this is what officer Witherspoon did.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: Let me see your hands! Hey, hey! Let me see your hands! Let me see your hands! Let me see your hands! Hey, hey, hey!

(GUNFIRE)

Shots fired, shots fired, shots fired!

(END VIDEO CLIP)

BANFIELD: We didn`t show it, but that suspect did go down after the second series of shots. Officer Witherspoon said he opened fire because he

recognized the attacker was high on PCP and had this feeling a taser wouldn`t do much. Police department investigated this incident, they ruled

in his favor and so did a grand jury, deciding that Witherspoon acted appropriately. He will not be facing any criminal charges. Randy Sutton,

a retired police the national spokesman for blue lives matter, he joins me from Las Vegas. Your reaction to his reaction, was this textbook?

RANDY SUTTON, BLUELIVESMATTER: This was textbook perfect. Blake Witherspoon did exactly what he should have done. The deployment of a

taser would have been completely wrong in this instance, because deadly force was the only thing that could have been used utilizes quickly in

order to save the life of that man who was literally being beheaded right in front of him.

BANFIELD: I want to play one -- and to that point, actually, Randy, there is this moment after the shooting that I want you to hear how this officer

was dealing with the aftermath, the injured victim, who was in the process of being mutilated. Have a look at this.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: Hang on, man. Hang on. Hang on. Hang on. Hang on. Hang on. Hang on. Hang on.

(SIRENS)

Hang on, man.

(END VIDEO CLIP)

BANFIELD: So, Randy, I think a lot of people who watched that, wonder why he didn`t render aid right away. I suppose the obvious answer would be --

you got to wait for backup?

[20:40:07] SUTTON: Of course. If you follow the entire film, you`ll see how good Blake Witherspoon was. Besides understanding that he just used

deadly force, probably for the first time in his career, not only did he shoot the man three times and realize that they were not having an effect

in the body, which is where he normally would have. Then he moved in closer. He realized he had to shoot the suspect in the head in order to

end the violence. He just used deadly force, you can hear from his breathing that his physiological system of fight or flight is in full gear

here. So he is breathing very heavy. He has to scan the area, because there might be another suspect, and at the same time, he is trying to give

some emotional stability to this individual.

BANFIELD: I`m glad you mentioned this, because the 911 caller gave very little information, despite numerous efforts by the operator to get more

information, the guy who called in, just kept swearing at her, saying, get someone here, get someone here. But hold on for a second, I want to bring

in Dr. Drew Pinsky, an addiction specialist, he is got a weekly podcast, the Dr. Drew podcast and he is live now in L.A. you were the first person I

thought of when an officer thinks he sees someone on PCP, is he right? Would a taser have done anything?

DREW PINSKY, DR.DREW PINSKY PODCAST: I don`t know how he knew he was on PCP. All he knew is that he was in an agitated state. Could be PCP, maybe

it`s popular in the area. But someone high on PCP could be normal or holding a Volkswagen over their head. The spectrum of what someone looks

like on PCP was quite broad. But this guy was shot three times in the body and didn`t budge, which suggests he was in some sort of altered state. PCP

would be one of the possibilities. It`s sad that somebody had to be killed in order to save the other one who was almost beheaded, call it what it is.

But he had to do what he had to do. I wouldn`t have wanted to be in that officer`s position. He had to take action and fast.

BANFIELD: What if it weren`t the officer, what if it were the 911 operator trying to deal with that man? Should anyone get anywhere near someone like

that, even if to save another person`s life?

PINSKY: I`m not sure I understand what you`re asking. Are you saying should the officer not have gotten near the perpetrator?

BANFIELD: No, if it were the 911 caller or any of us in the state, have we got a chance of hell of getting anything done given that we`re not holding

guns?

PINSKY: Yeah, look, agitated psychosis, we report on these things all the time, people eating someone`s face, attacking somebody in a garage

randomly. There are a lot of substances being used out there. As a result, people fall into these states where they`re delirious. They aren`t

in their right mind. When it comes to PCP, they may not be feeling any pain. And one of the paradigms that happens, they don`t feel pain, they

don`t have any idea what they`re doing. So stay away from somebody that seems disconnected from reality.

BANFIELD: Well, Blake Witherspoon, the officer wearing that body cam, his dash cam caught it as well, cleared through and through, by his department,

by a grand jury. No one is suggesting that that killing was not justified.

PINSKY: It`s not as if he was a clinician coming in to assess somebody. He is looking at somebody getting nearly beheaded, has no idea what the

perpetrator is up to, or how many there are. He just has to stop it. It`s a sad situation, but that is what had to happen.

BANFIELD: Great to see you, Drew.

PINSKY: Anytime.

BANFIELD: Sometimes people are the worst.

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: Your ride is over. Your ride is over.

UNIDENTIFIED FEMALE: My ride is over? Because I don`t have the same skin color as you!

(END VIDEO CLIP)

BANFIELD: Could you have kept your calm if you were the lyft driver with that thing in the back seat?

(COMMERCIAL BREAK)

[20:48:49] BANFIELD: You know all of those stories about ride-sharing drivers who turn out to be dangerous criminals? Have you ever thought of

the people they pick up and how nasty they can be? Because if it weren`t for a camera rolling in Michelle Jennings` car we might never have heard of

her passenger, Stephanie Young, police say Stephanie was loaded into the lyft car by friends about 8:00 one recent evening, p.m. It did not take

long for sparks to fly and bodily fluids, too. Pay close attention to what Stephanie Young decides to do with the seat cover.

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: Thank you for extending me your seat cover considering I had nothing, you offered me know napkin.

UNIDENTIFIED FEMALE: You didn`t ask.

UNIDENTIFIED FEMALE: Nothing. You -- you didn`t offer me anything to -- to blow my nose. Thank you for -- for --

UNIDENTIFIED FEMALE: You didn`t ask.

UNIDENTIFIED FEMALE: For the seat cover.

UNIDENTIFIED FEMALE: You haven`t spoken to me since you have gotten in the car. I said hello, how are you.

UNIDENTIFIED FEMALE: Yes, thank you, thank you, madam.

(END VIDEO CLIP)

BANFIELD: So this went on and on. The passenger for some reason getting more and more upset that the driver didn`t give her a tissue. The driver

finally threatens to kick her out.

(BEGIN VIDEO CLIP)

[20:50:00] UNIDENTIFIED FEMALE: You going to offer me?

UNIDENTIFIED FEMALE: I have nothing else to offer you, honey.

UNIDENTIFIED FEMALE: Nothing else to offer me exempt to get out?

UNIDENTIFIED FEMALE: Yes. Just -- like you.

UNIDENTIFIED FEMALE: I`m sorry. What.

UNIDENTIFIED FEMALE: Disposable, just like you.

UNIDENTIFIED FEMALE: Disposable just like me. Just like your customer. You`re not going to offer me nothing?

UNIDENTIFIED FEMALE: What do you expect me to offer you, honey? You obviously have something going on.

UNIDENTIFIED FEMALE: I`m sorry. I`m sorry. Yes, air going to offer yes, you`re going to offer me nothing.

(END VIDEO CLIP)

BANFIELD: Finally the driver had had enough of Stephanie Young in the back of her car. When she spots a security guard she pulls into a parking lot,

and actually that is when things went from bad to worse.

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: I`m blowing my nose. Your patient is treating me like I`m what, like I`m sorry. I don`t have the same skin tone as you.

UNIDENTIFIED FEMALE: Where is your apartment?

UNIDENTIFIED FEMALE: No, not at all. I don`t have the same skin tone as you so you`re kicking me out of your car. (BEEP) what is that supposed to

mean?

UNIDENTIFIED FEMALE: Your ride is over.

UNIDENTIFIED FEMALE: I don`t have the same skin, so you`re kicking me out of your car.

UNIDENTIFIED FEMALE: Your ride is over.

UNIDENTIFIED FEMALE: Because I don`t have the same skin tone as you. Because --

UNIDENTIFIED FEMALE: If you don`t (BEEP) back up.

UNIDENTIFIED FEMALE: Because I don`t have the same skin tone as you.

UNIDENTIFIED FEMALE: I`m a lyft driver and if you could call the police that would be awesome.

UNIDENTIFIED FEMALE: I don`t (BEEP) don`t have the same skin tone as you (BEEP). I`m getting out of your car because I don`t have the same skin

tone as you. Are you (BEEP) kidding me? I don`t have the same skin tone.

UNIDENTIFIED FEMALE: Are you kidding me? Will you please call the police?

(END VIDEO CLIP)

BANFIELD: A few moments later the security guard can be telling the passenger to turn the driver loose.

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: Call the police right now. Yes, yes.

UNIDENTIFIED MALE: You want to turn her loose, ma`am.

UNIDENTIFIED FEMALE: Yes.

UNIDENTIFIED FEMALE: (BEEP) let me go. Are you kidding me? Get (BEEP) out of my car.

UNIDENTIFIED FEMALE: I`m getting the (BEEP) out of your car.

UNIDENTIFIED FEMALE: Yes, you`re a bad -- aren`t you. You`re a bad (BEEP) --

(END VIDEO CLIP)

BANFIELD: And since the video was so grainy, here is a better and much quieter picture of Stephanie Young. Hi, Stephanie, now, everybody can see

you nice and clear. This is the one the police took of her when they arrested the 28-year-old and charged her with simple battery. That could

land her behind bars for a year. But is she going to get a year for that kind of horrible behavior or will it just is the humiliation of being shown

on TV like that across the country?

POLISI: I think absolutely she will get the maximum. When you have something like that in the face of a jury, you really see it right there.

Look, typically we have seen these assaults taking place, perpetrate willed by the driver on the victim. Now that the shoe is on the other foot, think

we could see some enhanced security measures taken on the part of these ride hailing services like equipping all of them with video cameras.

BANFIELD: I wonder how Stephanie Young`s social media will be, like dating sites after this goes viral all over the place with your electronic ride-

sharing efforts. Bye-bye, Stephanie Young. Good luck to you. You know those kids in school, in the school yard who basically think they run their

own personal fight club? You know them, the bullies who eventually get how old into the principal`s office for picking on the little kid. Eventually

they learn their lesson and they grow up, you hope. But we are seriously wondering about Barry Baker Jr. tonight, because at the tender age of 29,

what you`re about to see is worse than a school yard scene. Watch as a man gets out of his vehicle at a 7/11. He has cerebral palsy. You can see

Baker there in the yellow letting him in and then mocking him, pretending to walk like him. Shortly after this the man comes back out of the store

and he is mocked again, but it gets really ugly in about one second. Watch. Unbelievable, just cold cokes his victim for no apparent reason.

And after a brutal assault like this he just calmly walks away, after a punch like that to a man with cerebral palsy. Leaves his victim seemingly

stunned and bewildered and injured. But police say at least that victim had the wherewithal and the courage to get into his car and call the

police, and they caught that man, that mocking man who thinks he is so clever and cute and funny, the man in the yellow shirt. Here he is. Nice

and plain as day, Barry Robert Breaker Jr. in his brand-new 8-x-10, smile. Oh, right you`re not smiling, because it is not funny. He is charged with

simple assault, harassment, disorderly conduct. Curious if the other inmates in the jail will be going easy on him. Danny Cevallos is real

clear evidence, it is what you call bad facts, isn`t it?

CEVALLOS: Video evidence is amazing. As a defense attorney you might try for mutual consent. Hey, he argued with me, we got in a fistfight. But

video makes it very clear. He was picking on him and he sucker punches him out of the clear blue. This is misdemeanor two in Pennsylvania, I was just

in Chester County, and they won`t stand for this kind of nonsense. They will max him out on this one.

BANFIELD: Disorderly, harassment assault, simple assault, let`s see how long he decides to cool his heels, nice to have you. We will be right back

after this.

(COMMERCIAL BREAK)

[20:59:43] BANFIELD: My thanks to Caroline Polisi and Danny Cevallos who sat through the awful news tonight. I`m really sorry. We had a heavy one

tonight. We`ll try to lighten up tomorrow. Thank you everyone for being here and we will be back tomorrow at 8:00 for PRIMETIME JUSTICE. in the

meantime, stay tuned. "FORENSIC FILES" starts right now.

(COMMERCIAL BREAK)

END