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Nancy Grace
Indict the Arizona Cop?; Love-Crazed or Gun-Crazed Girlfriend Shoots Boyfriend. Aired 8-9p ET
Aired April 16, 2015 - 20:00 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
NANCY GRACE, HOST: Breaking news tonight. Live to Arizona, where shocking video shows Arizona police intentionally running over a suspect, plowing
him down on the street, using the police cruiser to intentionally run the man down. It`s all caught on video. We have the video.
It`s graphic. It`s violent. But this is what they won`t tell you. The guy he mows down had been in a string of violent crimes the whole day.
Last stop, to Walmart to steal a gun.
Bombshell tonight. The movement growing, mounting to kick the cop off the force, or worse, indict him. No!
(BEGIN VIDEO CLIP)
UNIDENTIFIED MALE: It`s locked. He can`t get the lock off.
UNIDENTIFIED MALE: You sure?
UNIDENTIFIED MALE: OK, never mind.
UNIDENTIFIED MALE: Disobeyed commands to put the gun down.
UNIDENTIFIED MALE: You don`t want to do this. You don`t want to do this.
UNIDENTIFIED MALE: All right, one round just went out into the sky.
UNIDENTIFIED MALE: Deadly force is justified at this point.
UNIDENTIFIED MALE: Bring him down!
(END VIDEO CLIP)
GRACE: And live, Highland Heights. Love-crazed or gun-crazed? Was Shayna Hubers a love-crazed woman who couldn`t let her boyfriend go, or was Ryan
Poston a gun-crazed lawyer who snaps under pressure of a high-powered job, 29-year-old Poston found dead on his marble floor of the dining room in his
upscale home, six bullet wounds to the face, arm, chest.
Twenty-four-year-old Shayna Hubers says she shot in self-defense, but police say she shoots in cold blood, that Ryan wanted out, to stop the sex
and dating with Hubers, but that she wouldn`t take no for an answer.
In the last hours, we obtain highly sensitive police interrogation video. And we go inside her mind with her private, personal text messages. And
just obtained, probative crime scene photos taken just moments after the brutal shooting. Do they disprove or prove her story? Witnesses
describing her demeanor just after she shoots her lover dead.
(BEGIN VIDEO CLIP)
UNIDENTIFIED FEMALE: Ma`am (INAUDIBLE) I knew he was going to die anyway! He was making funny noises! (INAUDIBLE) just kill him because I knew he
would have been...
UNIDENTIFIED MALE: She says when she goes to the shooting range with Ryan, she wants to turn around, shoot and kill him and play like it`s an
accident.
911 OPERATOR: How many times did you shoot him total?
UNIDENTIFIED FEMALE: I don`t know!
911 OPERATOR: So you shot him instead of calling 911?
(END VIDEO CLIP)
GRACE: Good evening. I`m Nancy Grace. I want to thank you for being with us.
Bombshell tonight. To Arizona, shocking video emerging of Arizona police intentionally running over a suspect, plowing him down on the street, using
the police cruiser to intentionally run the man down. It`s all caught on video.
Tonight, a movement is mounting to kick the cop off the force, or worse, indict him. No way!
What this video and what the defense bar won`t tell you is that that man is a one-man crime wave. He had already done an armed robbery at a 7-Eleven,
forced an attendant to open up a glass case at Walmart and steals a high- powered rifle, the ag assault on the 11-year-old little boy, then setting a church, the First Baptist Tabernacle there in Tucson, on fire.
How can they justify wanting this cop off the force? It doesn`t make sense.
Straight out to Miguel Marquez, CNN correspondent joining us. All right, Miguel, why does everyone want this cop thrown off the force?
MIGUEL MARQUEZ, CNN CORRESPONDENT: Well, I don`t know that everybody wants him thrown off the force, but there are certainly some who, especially...
GRACE: Wait, wait, wait! Hold on. Right there. Please, do not split hairs with me, all right? There is a -- you say tomato, I say tomato.
What I`m saying is a movement is mounting, Miguel, to have this cop kicked off the force. Why?
MARQUEZ: Well, they want him off the force because, as the lawyer for Mr. Valencia says, it was akin to shooting him in the back, just like happened
in South Carolina, North Charleston, South Carolina, that this is a cop who...
GRACE: Excuse me.
MARQUEZ: ... who -- went rogue.
GRACE: OK. I don`t like the way "rogue cop" is just thrown around like we`re dealing a deck of cards.
[20:05:06]Tell me something. Maybe I don`t recall something in the North Charleston case. That was Mr. Walter Scott, a 50-year-old gentleman,
driving along in a Mercedes. I don`t believe that he had committed, oh, 18, 19 felonies that morning, including ag assault on an 11-year-old little
boy, stealing a car, setting a church on fire, armed-robbing a 7-Eleven.
I don`t think Mr. Walter Scott actually had any felony record at all. Is that correct, Miguel?
MARQUEZ: That is correct. And all of that aside, as soon as he fired off that gun in front of police, who were giving him instructions to put the
weapon down, that was certainly enough for them to fire on him, which they didn`t.
What is unclear in all of that video is who the police are talking to and whether even Officer Rapiejko was coordinating with something else in order
to move in on him with his car. It`s just not very clear because we see two different police cars, three really, because there was one off in the
distance, as well, and that appears to be the car that the initial officer is speaking to.
GRACE: Miguel Marquez with me on the story. Let`s show you the video we just obtained overnight. Take a look.
(BEGIN VIDEO CLIP)
UNIDENTIFIED MALE: You don`t want to do this! You don`t want to do this! You don`t want to do this! You don`t want to do this!
UNIDENTIFIED MALE: One round just went out into the sky. It`s definitely unlocked now. It`s definitely loaded. (INAUDIBLE) units, be prepared.
UNIDENTIFIED MALE: (INAUDIBLE) the subject shooting or did you shoot?
UNIDENTIFIED MALE: Negative, did not shoot.
UNIDENTIFIED MALE: Unit (INAUDIBLE) stand off. Stand off. The gun is loaded. Unit on (INAUDIBLE) stay off. Right, man down!
UNIDENTIFIED MALE: (INAUDIBLE) He`s down. He`s down.
UNIDENTIFIED MALE: He`s got -- it`s locked. He can`t get the lock off.
UNIDENTIFIED MALE: Are you sure?
UNIDENTIFIED MALE: OK, never mind.
(END VIDEO CLIP)
GRACE: "Never mind" is right. With me, Miguel Marquez, CNN correspondent on the story. Miguel, he clearly is negotiating with the guy as the guy I
guess is, what, holding himself hostage, point a 30-aught to his own head. And you`ve got to keep in mind his history that morning, what he had been
doing.
But they try to negotiate with him, Miguel. So in light of the fact that they`re saying, Put down your weapon, put down your weapon, instead, he
racks it and shoots in the sky? I don`t understand what the cop did wrong.
MARQUEZ: Well, I don`t think a lot of people understand what the cop did wrong. I think a lot of people think he did the exact right thing. And
while it may not look exactly elegant, what he did took out the suspect and didn`t kill him, either, despite how terrible it looks. So the guy
actually lived and will face a slew of charges now.
GRACE: Well, hold on. I want to back it up to the cop`s motivation at that time. Isn`t it true, Miguel Marquez, that the cop in his police
report said that he was -- he did not want to fire off rounds because he thought that would endanger more people?
MARQUEZ: They were in a heavily -- they were -- they were -- after he came out of the that Walmart -- this car that he had stolen had run out of gas.
So he`s walking along with the gun that the locking system on it wasn`t either properly installed, or he had been able to disable in some way,
loaded this gun, despite, you know, just stealing it from Walmart, amazingly enough, and then walking toward an area that had a business park,
lots of people around. Police in Marana say that there were 300 to 400 people in the business there. They did not want him to get any closer to
that area.
GRACE: With me also is David Lightfoot, who witnessed the suspect before the crash, in addition to CNN correspondent Miguel Marquez. Mr. Lightfoot,
thank you for being with us. What did you observe?
DAVID LIGHTFOOT, WITNESS (via telephone): (INAUDIBLE) 9:00 o`clock, I heard the gunshot, or sound. I knew it was a gunshot. I checked the
street and my 15 security cameras -- I own a self-storage facility, where it happened in front of -- went to the front door, saw him walking with a
rifle in the ready position.
And I started to lock my front door, and that`s when the Marana police car come in and hit him, took him out, rammed him. And then the cop got out of
the car, secured him and -- just it went from there.
GRACE: Let me ask you this. David Lightfoot -- he owns a business right there. You stated that when you saw him and you heard the rounds going
off, you went and locked your door. Why?
LIGHTFOOT: Well, because in the city of Arizona, there`s an open carry law for handguns, but you don`t see somebody carrying a rifle. And it just was
not, you know, right. I never did get the door locked because the Marana police car took care of the situation in a proper manner and...
[20:10:16]GRACE: Well, let me ask you this, Mr. Lightfoot.
LIGHTFOOT: ... saved all our lives.
GRACE: What do you think of all the people now mounting a campaign to get this cop thrown off the force or indicted?
LIGHTFOOT: No way.
GRACE: No way!
LIGHTFOOT: He did something -- the business next to me was letting people out on break. They were coming out in the parking lot that he would have
walked right into.
GRACE: Oh, and not only that. You know what I found out, Mr. Lightfoot? This church, this First Baptist Tabernacle of Tucson -- this is what I
found out. They have a huge child ministry there.
LIGHTFOOT: Oh, wow.
GRACE: This is the church he tried to set on fire just before the other incident. Shortly joining me is Pastor Brent Armstrong from Tucson Baptist
Temple. They have a huge -- look at that! Look at that!
They have a huge children`s ministry, a school, a pre-school, nursery. No telling how many children could have been in First Baptist Tabernacle when
he`s in there trying to set it on fire.
OK, unleash the lawyers, Kirby Clements, Atlanta, and Dell Brown (ph), Miami. OK, I want you to watch this, gentlemen, before you start demanding
the cop be thrown off the force. Take a look.
(BEGIN VIDEO CLIP)
UNIDENTIFIED MALE: One round just went out into the sky. It`s definitely unlocked now. It`s definitely loaded. Have the units be prepared.
UNIDENTIFIED MALE: (INAUDIBLE) the subject shooting, or did you shoot?
UNIDENTIFIED MALE: Negative, did not shoot.
UNIDENTIFIED MALE: Unit on (INAUDIBLE) just stand off. Stand off. The gun is -- gun is loaded. Unit on (INAUDIBLE) Park, stay off!
UNIDENTIFIED MALE: Right, man down!
UNIDENTIFIED MALE: (INAUDIBLE) he`s down.
UNIDENTIFIED MALE: He`s down.
(END VIDEO CLIP)
GRACE: Unleash the lawyers, Kirby Clements, Andell Brown. All right, Andell, why? Give me one good reason this police officer should be thrown
off the force, much less indicted.
ANDELL BROWN, DEFENSE ATTORNEY: Because this is not a video game. This is not some bad cop movie where a loose cannon cop just endangers everyone and
ignores the commands to stand down and speeds his car full speed...
GRACE: Wa-wait!
BROWN: ... around another vehicle...
GRACE: Put him up.
BROWN: ... where he can`t see...
GRACE: Put him up!
BROWN: ... and crashes into a concrete wall. How many people could have been endangered?
GRACE: You`ve got it totally bass-ackwards, Andell, but it`s not the cop ignoring someone saying, Stand down. It`s the cop saying, Stand down.
That`s the cop. Say in saying that. That`s not somebody telling the cop to stand down.
BROWN: He`s talking to the other officers, telling them he`s armed...
GRACE: You just said he was ignoring it!
BROWN: ... stand down. They want to set up a perimeter. They want to set up a situation where they can take him into custody safely. He ignores all
of that, goes around another vehicle...
GRACE: That`s not what happened at all!
BROWN: ... where he can`t see, loses sight and crashes into a wall. Was that part of his plan? Absolutely not.
GRACE: That`s not what happened...
BROWN: If he could have seen...
(CROSSTALK)
GRACE: You have your facts wrong, Mr. Brown.
BROWN: If someone was behind that wall, they would have been in trouble. That is...
GRACE: You`ve got your facts...
BROWN: ... what happened. I saw a reckless...
GRACE: OK, cut his mike!
BROWN: ... loose cannon behavior.
GRACE: Cut his mike! That`s not what happened, Kirby Clements, because the chief of police joined us and told us there was a perimeter already set
up. I tried to slow Andell down so I could tell him that. A perimeter was already set up.
Show the video, please, Liz. There was a perimeter of cops on the other side of that wall. They knew what was on the other side of the wall. So
the whole argument that they didn`t know what was back there is moot. They did know what was back there. They did have a perimeter set up. This cop
needs to stay on the force!
(COMMERCIAL BREAK)
(BEGIN VIDEO CLIP)
[20:18:02]UNIDENTIFIED FEMALE: Investigators say Mario Valencia`s say began at 6:45 AM here at this 7-Eleven, where he robbed it in his
underwear. Then police say he made a stop here at Tucson Baptist temple, where he broke in and started a fire. Soon after, he ended up on this
block, committing a home invasion, and police say, stealing a car. He went to this Walmart, where surveillance video shows he stole a gun and
ammunition. Police were unsure if he`d been able to release the store lock on the gun.
UNIDENTIFIED MALE: Right, man down!
UNIDENTIFIED MALE: Use of force is justified. There`s no doubt about that.
(END VIDEO CLIP)
GRACE: Tonight, a mounting movement for this officer to be thrown off the force, or worse, indicted. Absolutely uncalled for!
Back to the lawyers, Kirby Clements and Andell Brown. Kirby Clements and Andell, please, if you will notice, you see the police officer, the car at
the end of the street. They`ve already set up the perimeter that Andell Brown keeps screaming about.
All right, Kirby Clements, give me your best reason, one good reason this cop should be thrown off the force.
CLEMENTS: Quite simply, Nancy, let`s look at what just happened, what you just said, your own words. There was a perimeter around there. They could
have let him get over there and been confronted there. He could have given up. This man had threatened suicide.
GRACE: Wa-wa-wait!
CLEMENTS: If you think about it, this cop kills -- cop tries to kill...
GRACE: Did you say he could have given up?
(CROSSTALK)
GRACE: Did you just say that?
CLEMENTS: Yes, Nancy, because he was not confronted -- if he had been allowed to be confronted...
GRACE: Didn`t you hear what the cop just said? Roll it back...
(CROSSTALK)
CLEMENTS: ... he had not seen...
GRACE: Don`t do that. Put the cop -- put the gun down, please?
CLEMENTS: Look, that`s fine. Just because...
(CROSSTALK)
GRACE: ... looking right at the cop!
CLEMENTS: This was an attempted execution of this man, Nancy. All he had to do was let that man get to the other side. If he refused to drop the
gun at that point and had pointed the weapon, then deadly force would have been authorized. But you can`t run somebody down in the back.
He tried -- he threatened to commit suicide...
GRACE: Yes, you can.
CLEMENTS: This is -- police tried to kill a man threatening to commit suicide. That`s the dumbest thing I`ve ever heard of. This is excessive
force.
[20:20:04]GRACE: OK, Kirby, you know, you -- you thrown out, just like Andell Brown just did -- you threw it all on the wall hoping something
would stick. But you know what?
CLEMENTS: No, I threw facts on the wall.
GRACE: I`m ready for you. I`m ready for you.
CLEMENTS: No, you`re not.
GRACE: Because number one...
CLEMENTS: Bring it on. Bring it on.
GRACE: ... first you said -- Andell goes, You need a perimeter. You need a perimeter. There is a perimeter set up. And what I mean by that -- to
the viewers, the place is surrounded by police. They have surrounded the perimeter. You can see them if you use these and look. You see one of the
cop cars at the end of the street. All right, we`ve got a perimeter. Now...
CLEMENTS: No, let that work, though.
GRACE: ... Kirby Clements...
CLEMENTS: Let that work.
GRACE: ... kept -- Kirby Clements says he was never warned. He was never warned.
CLEMENTS: No, I never said that, Nancy!
GRACE: Last night -- yes, you did!
CLEMENTS: No, I said they needed to let him get to the other side. They needed to see what would happen to confront him, and if he pointed the
weapon, then deadly force would have been authorized. In this situation...
GRACE: He did point the weapon!
CLEMENTS: ... this was premature. A while ago. This is an intended execution. You can`t summarily punish people for disobeying a police
officer orders or for setting a fire to church some time ago.
GRACE: OK...
CLEMENTS: They needed to let this develop more.
GRACE: ... listen to this. I don`t know what you want him to do, shoot all of David Lightfoot`s neighbor`s employees coming out on break? He had
just left a church nursery.
OK, listen to this.
(BEGIN VIDEO CLIP)
UNIDENTIFIED MALE: You don`t want to do this! You don`t want to do this! You don`t want to do this! You don`t want to do this!
(END VIDEO CLIP)
GRACE: All right, you know what? Let`s put some of the tears for the earlier police reports up, please, so Kirby Clements and Andell Brown can
further educate themselves on what had been going on that day.
Valencia says to the clerk, Don`t do anything stupid. Give me the ammo. He said, I`ll bust this F-ing case. She said, No, you won`t, because she
got out the 30 ammo, which is big enough to shoot a bear down.
Let`s move with that police report. Store clerk states that suspect said, I got nothing to lose, and acted as if he was going to hit the clerk with a
four-foot metal rod. So the 7-Eleven clerk backed away.
It doesn`t end there. Suspect grabbed a pack of Marlboro cigarettes, walked out of the store armed. He keeps going. While in the back yard,
the 11-year-old boy hears a man -- oh, the father hears a man`s voice. His son was playing a CD, so he didn`t think anything of the man`s voice
initially.
When he looked through the window, he sees the perpetrator standing just inside the front door of his home, holding a pipe four feet in length with
something on the end of it. And what that is was tape. Give me your F-ing car keys, or I`m going to kill you.
What about that, Kirby Clements?
CLEMENTS: ... this, Nancy. Let`s address the facts. He shot no one. He hit no one. He did nothing. He may have threatened a lot of people, but
he actually didn`t shoot anyone. And yet the big thing here is...
GRACE: That`s your defense?
CLEMENTS: ... he was going to shoot someone. My defense is...
GRACE: That is your defense?
CLEMENTS: ... he had not committed a deadly assault upon a single person. Therefore, it is not justified...
GRACE: OK, so...
CLEMENTS: ... using deadly force...
GRACE: ... your defense is...
CLEMENTS: ... against him.
GRACE: ... he didn`t kill anybody yet, so the cops should just, what...
CLEMENTS: No, not even yet...
GRACE: ... wait for him to kill somebody?
CLEMENTS: No, not even yet. He hadn`t even tried to! That`s the point. You`re exacerbating this situation beyond what it is. It sounds good, but
at the end of the day, he didn`t shoot anybody, and he could have somebody. He was not that big of a threat. They could have taken him down.
(COMMERCIAL BREAK)
[20:27:22]UNIDENTIFIED FEMALE: Police say at one point, Valencia put the gun to his throat and was acting erratic.
UNIDENTIFIED MALE: You don`t want to do this!
UNIDENTIFIED FEMALE: And I`m standing in the area where the suspect was hit in the back. A witness says he was hit so hard, he flew over this
barrier. And you can see where the police patrol car slammed into the barrier. It is still damaged.
(END VIDEO CLIP)
GRACE: Tonight, a move gaining momentum to have this police officer thrown off the force, or worse, indicted. I say he should get a medal.
Joining me right now from Tucson Baptist Temple is Pastor Brent Armstrong. Pastor Armstrong, thank you for being with us.
PASTOR BRENT ARMSTRONG, TUCSON BAPTIST TEMPLE (via telephone): Good evening, Nancy Grace. How are you?
GRACE: I`m good, sir, and I`m just very thankful that your church, which is a beautiful facility -- and I looked at all of your outreach programs,
all you do for the community, for children, for the elderly -- you do so much good.
I`m just wondering what was your first reaction when you learned Mario Valencia comes in and tries to burn your church down?
ARMSTRONG: Well, obviously, that was shocking. And since then, it`s even more offensive that people are criticizing this Marana police officer for
doing his job. He really should be applauded.
The suspect -- he shattered the glass of our front door. He barricaded himself in our church. He set the building on fire. We`ve had $65,000 in
damages. And but more importantly than even all that is that he endangered the lives of dozens of our children and students and my staff. And that`s
offensive, that other people would criticize this police officer for doing his job.
GRACE: You know, Pastor Armstrong, it`s very upsetting. When my children were much, much smaller, they were in our church play school and I was
always worried about the security. And I would go over it and over it in my mind, Were they safe? And when I hear something like that about your
church and I think of my twins as tiny children, you know, 3, 4 years old, completely defenseless, with a nut like this trying to burn the church down
-- tell me about how many children are in and out of your pre-school and your church ministries?
ARMSTRONG: Well, on this particular day, we would have had tight around 75 children at that time on our campus, not counting our staff. So we had
nearly 100 people that was on staff -- or on campus.
[20:30:00] This man set building to our fire, of course, it -- you know, all the smoke completely in our main building completely filled up. Many
fire truck, police, everybody was here and the thought goes through your mind, what would have happened had he come face-to-face with one of those
children.
GRACE: Much less with the gun he stole from Wal-Mart.
With me, Pastor Brett Armstrong of Tucson Baptist Temple.
Now, joining me law enforcement security expert, senior VP, FJC Security, Matthew Horace.
Matthew, for those that don`t know, that are not familiar with this type of ammo, this isn`t your regular ammo. This is ammo that takes down for
instance, a bear.
MATTHEW HORACE, LAW ENFORCEMENT SECURITY EXPERT, SENIOR VP, FJC SECURITY: That`s right, Nancy. This ammo is typically used for hunting bear, deer,
elk and caribou. It`s a good sized round and it`s even much larger than the round that police are carrying when they`re going against this type of
individual.
GRACE: So, bottom line, Matthew Horace, if this caliber had hit someone, say, God help us, one of those little children at Tucson Baptist Temple,
what would happen?
HORACE: This is a killing round, Nancy. This is a killing round. It`s used to kill bear, caribou, elk and deer. Animals that are in excess of
two or 300 pounds at a time. So it would have been --
(CROSSTALK)
GRACE: Unleash the lawyers, Kirby Clements, Andell Brown.
All right, Andell. Ammo big enough to take down a bear. You mix that with this guy Mario Valencia, and you put it in Tucson Baptist Temple, where
there`s about 75 little children. And you`re still telling me the cop should be thrown off the force?
ANDELL BROWN, DEFENSE ATTORNEY: Nancy, you`re trying to go for the sympathy card. You want to make an officer, judge, jury and executioner
because a bad thing could have happened. This officer --
GRACE: A bad thing did happen.
BROWN: -- had problems in the past since you want to talk about -- since you want to talk about the past so much, which is why they have to settle a
$20,000 lawsuit --
GRACE: I don`t even know what you`re saying.
BROWN: -- in New York City for them pulling a gun on the man with his children. A man with four children, that officer was accused of pulling a
gun on him and the state had to pay out $20,000 of taxpayer money.
GRACE: All right. You know what, Matt Zarrell.
BROWN: To settle a lawsuit because that reckless behavior.
GRACE: Matt Zarrell, why don`t we talk about this officer`s past and how well he`s done -- Matt.
MATT ZARRELL, NANCY GRACE PRODUCER: OK. So he has no history or discipline or use of force complaints with Marana or Tucson PD. He
actually got an award in January for creating a new fitness program for fellow officers and, just so you know, the NYPD denied all the allegations
that were in that complaint.
GRACE: To Pat Lalama, what more do we know, Pat?
PAT LALAMA, INVESTIGATION REPORTER: Well, we know about this officer that it was his frame of mind that really matters here. You were talking about
potential criminal intent, we have to look at the totality of the picture. This guy allegedly on a mission of terror and that officer had every
reasonable lead that he was going to take that to the next level.
Why the bandwagon of police bashing people don`t understand that. I just don`t get it. It`s damn if we do, damn if we don`t. If there had been a
gunfight in the middle of the street around businesses, he would have been bashed for that, too.
(COMMERCIAL BREAK)
[20:37:51] GRACE: Love crazed or gun crazed?
Shayna Hubers, a love crazed woman who couldn`t let go of her boyfriend or was Ryan Poston a gun crazed lawyer who snaps under the pressures of a high
powered job? 29-year-old Ryan found dead on the marble floor of his dining room in his upscale home. Six bullet wounds to the face, arm, chest. 24-
year-old Shana Hubers says she shoots in self-defense, but police say she shoots in cold blood.
That Poston wanted out. Wanted to stop the sex and the dating with Shana Hubers, but she wouldn`t take no for an answer. In the last hours, we
obtained police interrogation video. We go inside Huber`s mind after we obtain her private, personal text messages and Facebook. And just
obtained, crime scene photos taken just moments after the brutal shooting.
Do they prove or disprove her story? Witnesses describing her demeanor just after she shoots her lover dead.
(BEGIN VIDEO CLIP)
UNIDENTIFIED REPORTER: Days before the shooting, she sent out a chilling message to a friend. Calling Poston an evil person.
UNIDENTIFIED FEMALE: Have you been injured?
SHAYNA HUBER, SUSPECTED OF SHOOTING RYAN POSTON: I`m not injured, ma`am. I was thrown into the side of the couch.
UNIDENTIFIED FEMALE: So he slammed you into the couch, but you don`t have any injuries?
HUBERS: I don`t have any injuries.
(END VIDEO CLIP)
GRACE: Not only did we obtain crime scene photos, we have just obtained additional police interrogation. Listen.
(BEGIN VIDEO CLIP)
HUBERS: When I came to (INAUDIBLE) bathtub he picks me up and move (INAUDIBLE), I was getting my things ready. And then I put my clothes on
to call the cops -- it was stupid to do. To pick up a gun that somebody was using. He could kill me as big as he is. He`s hit me before with his
arm and I had a head wound. I thought here. He wasn`t completely standing up. He was like this. He was sitting. I love him. Even though I hurt
him, I still love him. I couldn`t stand to watch him twitch.
(END VIDEO CLIP)
GRACE: Out to Melissa Neeley, anchor of WLW.
Melissa, we also obtained crime scene photos.
Liz, let`s take a look.
There you see Poston`s body there at the table. He clearly falls right on the table. This is important. Hold. That`s the table where Shayna Hubers
says they were sitting. Observe all the blood right where he was sitting. It suggests he was sitting at the time he was shot which overrules a theory
of self-defense that he was attacking her and also, everything is still sitting on the table. Nothing was disturbed.
Let`s see the next photo from the crime scene. Now look at this. The significance of this is the chair. Observe all the blood on the back top
of the chair. Guarantee you that those blinds are covered in blood spatter. High velocity blood spatter.
Please go back to the chair that we were just talking about. Guarantee there`s going to be blood spatter, high velocity on the blinds behind that
chair. Now the significance of the chair is that it, too, shows that when the bullets were fired, he`s seated. And the blood hits the back of the
chair.
Let`s see the last crime scene photo just for right now. Now she also says does she not, Melissa Neeley, WLW, that he threw her into a book shelf?
Please stay on the book shelf. But I see just beyond the yellow circle to the left, there are bullets. Ammo, sitting straight up in a row as if they
were, you know, placed there. None of them fell.
How can it be, Melissa Neeley, did she slammed into this bookshelf, but nothing falls?
MELISSA NEELEY, WLW: And that`s what she said. She said that they were fighting before she shoot him. And what was interesting that came out in
the trial today was that two neighbors said that they didn`t hear any fighting. All they heard was a woman crying and a man saying, it`s OK,
it`s OK, but no fighting. So it seems that the evidence there is showing you just that. That there was no fighting.
(COMMERCIAL BREAK)
[20:47:29]
(BEGIN VIDEO CLIP)
UNIDENTIFIED FEMALE: Ma`am, this is what I want you to do. Can you -- you`re sure he`s not -- ma`am, you`re sure he`s not breathing at all?
HUBERS: He`s not --
UNIDENTIFIED FEMALE: No, that`s OK. They actually have someone outside almost right now but I`m going to stay on the line with you, OK? When they
tell me to, what -- when they tell me to, what I`m going to tell you to do is walk to the door with your hands up because we want you to come out
safely, OK? That`s why I`m staying on the line with you.
Ma`am, I don`t -- I`m just the dispatcher. Nothing but a dispatcher, so I can`t tell you. My job is to keep you on the line, make sure my officers
get there safely and nothing happened to them. OK?
HUBERS: Ma`am, and then because he was twitching and I knew he was going to die anyway, he was making funny noises. I shot him a couple more times
just to kill him because I knew he would have been --
UNIDENTIFIED FEMALE: I`m sorry. You said you shot him a couple more times after that?
HUBERS: Yes, I --
UNIDENTIFIED FEMALE: How many times did you shoot him total?
HUBERS: I don`t know.
UNIDENTIFIED FEMALE: OK. Because he was twitching and you know he`s going to die so you shot him again?
HUBERS: I had to make sure he was dead because he was twitching so bad and I don`t want to watch him lay there and twitch.
UNIDENTIFIED FEMALE: So you shot him instead of calling 911?
HUBERS: Do what? Yes, I did because I know he was going to die anyway.
UNIDENTIFIED FEMALE: OK.
HUBERS: He was pretty bad. He was like, he was just twitching and he was pretty much dead, and I shot him just so he`d stop twitching.
(END VIDEO CLIP)
GRACE: OK, Dr. Bethany Marshall, psychoanalyst, she continued to shoot him because he twitched?
(LAUGHTER)
BETHANY MARSHALL, PSYCHOANALYST, AUTHOR OF "DEALBREAKERS": It`s kind of hard to believe, isn`t it? When I read the wires on this one, Nancy, I
think that this alleged perpetrator fits the profile of someone who would have borderline personality disorder because what you see with female
borderlines is that there`s excessive clinging and then rejecting behavior in their relationships, so she clings through sex.
Remember with Jodi Arias, all the excessive sexuality. So that clinginess, the texting, 30,000 pages of text messages, and e-mails between the couple
was brought into evidence.
GRACE: Dr. Michelle Dupre, forensic pathologist, what is the twitching?
DR. MICHELLE DUPRE, M.D., MEDICAL EXAMINER AND FORENSIC PATHOLOGIST: Nancy, the fact can simply be that he was in pain. He probably was
obviously still alive at a time. So he was alive when she shot him again.
GRACE: So, Dr. Dupre, when someone twitches, that doesn`t necessarily mean that they`re dying, does it?
[20:50:00] DUPRE: No, not necessarily. But in this case it appears that he was still alive because she says she shot him again.
GRACE: Over and over and over in the face saying later she gave him the nose job he always wanted.
And now CNN HEROES.
(BEGIN VIDEO CLIP)
UNIDENTIFIED FEMALE: I was diagnosed with stage-four breast cancer just about a month after my daughter`s dad and I split up. All I could think
about was, oh, my god, my daughter, I can`t do this to you.
UNIDENTIFIED GIRL: Here I go, Mom.
UNIDENTIFIED FEMALE: With chemotherapy there`s a lot of fatigue. When you can`t really do much, you`re looking at the dirt on the floor, it`s like,
one more level of stress.
UNIDENTIFIED FEMALE: Being a single parent and having cancer, you don`t know where to turn. Disability it`s 60 percent of your salary, but your
bills are still 100 percent. It`s hard.
UNIDENTIFIED FEMALE: My friend Michelle was a single mother of four when she was diagnosed. She struggled with just day to day. When she passed
away, we realized other people like her needed help.
UNIDENTIFIED FEMALE: Singleton Moms provides practical support for single parents battling cancer.
UNIDENTIFIED FEMALE: You have these people that don`t know you, and you`re going to help me with -- clean my house?
UNIDENTIFIED FEMALE: We help them pay a couple bills, and then we provide day-to-day needs for their house.
UNIDENTIFIED FEMALE: It`s about being that support.
UNIDENTIFIED FEMALE: It`s a lot of help.
UNIDENTIFIED FEMALE: They go out of their way to make sure that you`re taken of, therefore be their whole family.
UNIDENTIFIED FEMALE: Neighbors helping neighbors, family helping family. This is what we should be doing for one another.
UNIDENTIFIED FEMALE: Singleton Moms definitely helps me. I`ve got all the motivation alone looking at my daughter`s eyes.
(END VIDEO CLIP)
(COMMERCIAL BREAK)
[20:56:12]
(BEGIN VIDEO CLIP)
UNIDENTIFIED FEMALE: You`re going to stay on the line with me. OK. Because this is what we`re going to do. The officers told me to stay on
the line with you. So when -- when they get there, they`re going to want to know where that gun is and we want you to get out safely, too, OK?
HUBERS: Oh, great. Are they going to arrest me?
UNIDENTIFIED FEMALE: Ma`am, I don`t know what they`ve they`ll do. We`re going to send them out. I`m going to stay on the line with you, OK?
HUBERS: I mean, I`m not a murderer, ma`am. I just killed in self-defense.
UNIDENTIFIED FEMALE: Well, what happened exactly? What happened?
HUBERS: He beat me and carried me out of the house. We got into a huge fight.
UNIDENTIFIED FEMALE: He did --
HUBERS: He beat me and tried to carry me out of the house. And I came back in to get my things and he was right in front of me and he reached
down and grabbed the gun and I grabbed it out of his hands and pulled the trigger.
UNIDENTIFIED FEMALE: OK, all right. Do you need an ambulance?
(END VIDEO CLIP)
GRACE: Unleash the lawyers, Andell Brown, Kirby Clements. That`s just simply not what the physical evidence shows. He was not standing in front
of her barring her from coming back in. He was sitting at the dining room table and there`s even medicine bottles on the dining room table that were
never knocked over, Andell.
BROWN: Nancy, what we just heard is the voice of a woman who had to fight for her life against a man that`s bigger and stronger than her, and she`s
just done the most traumatic event she`s ever seen and you expect to use that against her?
GRACE: Yes.
BROWN: Use the fact that she was the one who made it out alive against her?
GRACE: Yes, I do.
BROWN: That is not right. It is absolutely wrong.
GRACE: You see the table, nothing on it is even disturbed. What she just told 911 is a big fat lie. He was not blocking her from coming in. He was
shot right there, sitting there at the table. And if you don`t buy that, Kirby, let`s see the texts very quickly, please.
Just days before the murders, she texted her friend, "I want to turn around, shoot him and kill him and play like it`s an accident." Text
number two, "Friend, be careful, no accidents. I`ll try not to." And the very important one, she says, "My love has turned to hate."
Now listen, gentlemen, she then says to her lover, you have a small penis, except she doesn`t say that. Your tummy looks like you guzzle beer. I
think he knows now I play on his FB, and block bitches.
All right, Kirby, what were you saying about self-defense?
KIRBY CLEMENTS, DEFENSE ATTORNEY: Well, the first thing I was going to say is you presume that the fight happened with him dragging her across the
table. That wasn`t the version of events that she gave. So I`m glad that you can refute it, something she never said.
GRACE: No. I don`t think there`s a fight happened with him, dragging her. I don`t think there was a fight at all.
CLEMENTS: Well, no, you don`t. What I`m saying is the evidence that you use is to try to disprove things she never said, so I think it gets us
nowhere. The bottom line is this --
GRACE: That doesn`t even make any sense.
CLEMENTS: No, she --
GRACE: I don`t even know what to say.
CLEMENTS: She never said he dragged her over the table. So you saw the fact --
(CROSSTALK)
GRACE: I`m not saying that. She just --
CLEMENTS: Right.
GRACE: OK. Dr. Bethany Marshall, did you not hear her just say he threw me out? I was coming back in to get my stuff. He blocked me and I shot
him.
MARSHALL: That`s exactly what I heard, Nancy.
GRACE: And what about the texts?
MARSHALL: Well, I hear a woman, again, who is very rejection sensitive who is stalking him, who wants to undo the feeling of rejection by eliminating
him. This is a woman who cannot manage her own feelings, her own rage, her own anxiety, and she would rather see him dead than have to bear the agony
of a separation.
GRACE: Let`s stop and remember American hero, Army Sergeant Brandon Asbury just 21, Virginia, Bronze Star, Purple Heart. Loved camping, NASCAR, Green
Bay Packers. Parents Walter and Diane, sister Kelly, widow Sherry. Three children.
Brandon Asbury, American hero.
Drew up next. I`ll see you tomorrow night 8:00 sharp Eastern. Until then, good night, friend.
END
