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Crime and Justice With Ashleigh Banfield
Ohio Mom Admits Killing Three Sons; Missouri Road Rage Shooting Takes Mother`s Life In Front of Kids. Aired 8-9p ET
Aired October 19, 2016 - 20:00 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
[20:00:00] ASHLEIGH BANFIELD, HLN HOST: Tonight, a mother admits to killing her three young sons. But what sets this story apart is that she
says she killed them one by one over the course of a year. How did no one intervene?
(BEGIN VIDEO CLIP)
UNIDENTIFIED FEMALE: In a shocking confession, a mother says jealousy made her smother her three young sons.
911 OPERATOR: OK, how is his color? Is he bluish?
UNIDENTIFIED FEMALE: I imagine (ph) (INAUDIBLE) bluish by now.
(END VIDEO CLIP)
BANFIELD: An angry driver shoots a young mother in the chest while her two young babies ride in the back of the minivan. As she dies, her toddler
reportedly cries out for his mom.
Hello, everyone. I`m Ashleigh Banfield. And welcome to PRIMETIME JUSTICE.
Murder is hard enough to understand, but when a mother allegedly kills her own children, her own three young boys one by one, over the course of a
year, it`s unconceivable (sic). But police do say that did happen. Twenty-three-year-old Brittany Pilkington confessed to it. And her motive
for all three was the same.
Each killing took place just about the same time of night. Each time, the same person made the discovery. Each time, 911 was called. And now we are
left struggling to grasp how did the medical examiner fail to find those first two children were smothered to death before the third baby met the
same dreadful fate.
There were so many chances to intervene after the first baby, 3-month-old Niall, was killed, and then after 4-year-old Gavin was killed. You`d think
they could prevent 3-month-old Noah from becoming a victim, as well.
You`re about to hear some of the very shocking 911 calls. You`re going to hear a mother begging for help. You`re also going to hear a father trying
to save his babies one after the other, month after month. How could this have gone on so long?
Joining me now, Allison Wichie from CNN affiliate WHIO and Justin Freiman is a PRIMETIME JUSTICE producer who`s been digging into this case.
First to you, Allison. Take me to this town of Bellefontaine and tell me how we ended up with the first case.
ALLISON WICHIE, WHIO CORRESPONDENT (via telephone): Well, Ashley, Bellefontaine is in Logan County. It`s actually the county seat of Logan
County, about an hour away from Dayton, Ohio, two hours from Cincinnati, Ohio, north of Cincinnati, Ohio.
So the first case, as you said, it was 3-month-old Niall Pilkington. Now, at the time of Niall`s death, we actually didn`t cover the death because
Niall was only 3 months old. So when the police say they discovered that a baby was found not breathing and had died, a 3-month-old -- a lot of people
assume it could be SIDS. So police say in court records that Niall`s 3- month-old death at that time was not suspicious. It was something that could have happened.
So this was back in July of 2014. Now, Brittany Pilkington, the mother of Niall, also had other children. She had a little daughter and older son.
So at the time, they say Niall was just one of the children who the mother said she had put him to bed. The mother said the father was at work at
this time. And then when she work up, when he -- when the father got home, the baby was not breathing.
And an autopsy report came back today in court, actually. We learned that autopsy reports from little Niall came back unconclusive (sic). They
didn`t know exactly what the cause of death was. It could have been ruled SIDS, they said, because as a child under the age of 1...
BANFIELD: Sure.
WICHIE: ... that`s something that could happen.
BANFIELD: Three months old. Three months old. Of course.
WICHIE: But -- 3 months old.
BANFIELD: That`s what people would think. And you know, it`s not unusual for a mother to call 911 or a father saying, I found my child not
breathing.
Allison, break for a moment because I want to play the call that was made. You`re going to hear the moment where Joe, Joe Pilkington, had come home
from the overnight shift. And I want you to listen to the tone of voice of Joe Pilkington on the phone as he speaks to the dispatcher.
Try to put yourself in his shoes, OK? This is the first child of his that he has found not breathing. Would you be as calm as he is, that you`re
about to hear, if you found your infant child not breathing? I want you to also listen in the background because that`s where Brittany Pilkington is,
and see if you can even hear her.
Let`s listen.
(BEGIN AUDIO CLIP)
[20:05:00]911 OPERATOR: 911. What is your emergency?
UNIDENTIFIED MALE: Yes, we have an emergency. Our little infant -- he`s - - he`s not breathing at all.
911 OPERATOR: OK, can you start CPR?
UNIDENTIFIED MALE: Yes. My wife`s trying. Keep going.
911 OPERATOR: Who are we talking about, how old a patient?
UNIDENTIFIED MALE: He`s 3 months.
911 OPERATOR: OK. OK, what happened prior to this?
UNIDENTIFIED MALE: Oh, no, I just got home and I went to check my son, and he`s -- he`s cold.
911 OPERATOR: He`s cold to the touch?
UNIDENTIFIED MALE: (INAUDIBLE) cold to the touch, yes.
911 OPERATOR: OK, is she doing CPR? Is someone doing CPR?
UNIDENTIFIED MALE: Yes, my wife is, but I mean, he`s...
911 OPERATOR: (INAUDIBLE) What is your name, sir?
UNIDENTIFIED MALE: My name is Joseph Pilkington.
911 OPERATOR: OK, I have help on the way, sir, but I want to stay on the phone with you. Is anything happening with the CPR?
UNIDENTIFIED MALE: No.
911 OPERATOR: Nothing happening. Is she doing the CPR correctly?
UNIDENTIFIED MALE: Yes, she`s still doing it. His lips are white.
911 OPERATOR: His lips are white?
UNIDENTIFIED MALE: Yes.
911 OPERATOR: OK. Well, do two breaths and 30 compressions, OK?
UNIDENTIFIED MALE: Two breaths and 30 compressions.
911 OPERATOR: Make sure there`s no -- the airway is clear. (INAUDIBLE) back, and you put him in the palm of your hand, like on your forearm, and
push down in the middle of his chest with two fingers, OK?
UNIDENTIFIED MALE: Keep going, honey. Keep going.
911 OPERATOR: Is he crying or anything?
UNIDENTIFIED MALE: No. Niall? Come on, baby! Keep going. Not too much.
911 OPERATOR: Is there anything happening? Do you want me to...
(CROSSTALK)
UNIDENTIFIED MALE: I hope the ambulance is on its way.
911 OPERATOR: Yes, they`re on their way. The Bellefontaine Police Department is sending their ambulance, OK?
UNIDENTIFIED MALE: Yes.
911 OPERATOR: What`s your wife`s name?
UNIDENTIFIED MALE: My wife`s name is Brittany.
911 OPERATOR: OK. Is she still doing the compressions? Is anything happening?
UNIDENTIFIED MALE: He`s very pale.
911 OPERATOR: Is that him?
UNIDENTIFIED MALE: That`s my son, Gavin.
911 OPERATOR: Oh, OK.
UNIDENTIFIED MALE: Go back in the other room now. Go!
911 OPERATOR: Is he changing color or anything like that?
UNIDENTIFIED MALE: No, he`s pale. He`s white.
911 OPERATOR: OK. Still do the compressions, OK?
UNIDENTIFIED MALE: Yes.
911 OPERATOR: The squad is already on their way, OK?
UNIDENTIFIED MALE: Yes. Kids, go back again, please.
911 OPERATOR: How`s your wife doing?
UNIDENTIFIED MALE: My wife Brittany`s helping.
911 OPERATOR: How is she doing? Is she -- the compressions helping or...
UNIDENTIFIED MALE: (INAUDIBLE) but his arms are purple now. Nothing. (INAUDIBLE) a pulse now? No? No pulse?
911 OPERATOR: There is no pulse?
UNIDENTIFIED MALE: No pulse?
UNIDENTIFIED FEMALE: (INAUDIBLE) pulse now.
UNIDENTIFIED MALE: He`s got no pulse now.
911 OPERATOR: OK, we still need to keep the compressions. Don`t stop doing the compressions.
UNIDENTIFIED MALE: Keep doing the compressions, honey. Keep pushing on his heart.
(INAUDIBLE) here! Up here!
911 OPERATOR: OK, that squad`s going to be there to help you, OK?
(END AUDIO CLIP)
BANFIELD: That was July 2014. Niall was dead.
Allison Wichie, nine months later, almost the exact scenario played out and another call to 911, almost identical. What happened that time?
WICHIE: Like you said, it was less than a year later. Police and medics are called to the same home, to the same parents, again a call of a child
not breathing. Now, this time, it was the family`s 4-year-old, so he was quickly taken to the hospital, but he was pronounced dead.
And this time, police today in court said they didn`t have that fallback on relying on that this could be SIDS, or Sudden Infant Death Syndrome,
because this was a 4-year-old, and that`s out of the normal range of...
BANFIELD: Right.
WICHIE: Normally, it`s a year and lower that they said it could be SIDS. So police say...
BANFIELD: OK. So let`s listen to it. You know, it`s eerie. You know, it is eerie, Allison, to hear these two calls. And remember, they`re nine
months apart. Yet again, Joe comes home from work. He`s been through this before. He finds another child not breathing.
Now the 911 call is made, and in fact, this time with Gavin not breathing, it is mom Brittany on the phone. Listen to all of the details, the tone of
her voice, the tone of Joe in the background, the children`s voices and the sirens approaching. Have a listen.
(BEGIN AUDIO CLIP)
911 OPERATOR: 911. What is your emergency?
UNIDENTIFIED FEMALE: Yes, we need (INAUDIBLE)
911 OPERATOR: What`s going on?
UNIDENTIFIED FEMALE: Our son`s not breathing.
911 OPERATOR: How old is your son?
UNIDENTIFIED FEMALE: He`s 4.
911 OPERATOR: OK. Is he choking?
UNIDENTIFIED FEMALE: No, he`s not choking. I don`t know...
(CROSSTALK)
911 OPERATOR: (INAUDIBLE) 4-year-old not breathing to the (INAUDIBLE) He was in his crib?
UNIDENTIFIED MALE: Gavin!
UNIDENTIFIED FEMALE: He`s on (INAUDIBLE) right now. He`s doing CPR.
[20:10:00]911 OPERATOR: You are doing CPR?
UNIDENTIFIED FEMALE: Yes.
UNIDENTIFIED MALE: Get somebody here!
UNIDENTIFIED FEMALE: Yes.
911 OPERATOR: OK, we`re coming. Tell him we`re coming.
UNIDENTIFIED MALE: Gavin! Wake up, buddy!
(CROSSTALK)
911 OPERATOR: Keep doing CPR, OK?
UNIDENTIFIED FEMALE: Yes. He says -- she says keep doing CPR.
UNIDENTIFIED MALE: Gavin!
911 OPERATOR: Compressions and then -- we`re on our way, OK?
UNIDENTIFIED FEMALE: They`re on their way.
911 OPERATOR: You have to keep doing CPR. (INAUDIBLE) Joseph?
UNIDENTIFIED FEMALE: Yes.
911 OPERATOR: And you`re Brittany?
UNIDENTIFIED FEMALE: (INAUDIBLE) CPR. Yes.
911 OPERATOR: Is the baby blue?
UNIDENTIFIED FEMALE: Is he blue?
911 OPERATOR: His name`s Gavin, right?
UNIDENTIFIED MALE: No, he`s turning white!
UNIDENTIFIED FEMALE: He`s turning white.
911 OPERATOR: OK. Is his chest moving at all?
UNIDENTIFIED FEMALE: Is his chest moving at all?
UNIDENTIFIED MALE: No.
UNIDENTIFIED FEMALE: No.
911 OPERATOR: OK, what about around his lips?
UNIDENTIFIED FEMALE: What about around his lips?
UNIDENTIFIED MALE: They`re white.
UNIDENTIFIED FEMALE: They`re white.
911 OPERATOR: They`re white. OK. Start the chest compressions.
UNIDENTIFIED FEMALE: Start the chest compressions. He`s doing them.
911 OPERATOR: It`s a 4-year-old male named Gavin, is that correct?
UNIDENTIFIED FEMALE: Yes, that`s correct.
911 OPERATOR: And you said he`s white in color, not blue?
UNIDENTIFIED FEMALE: Yes.
911 OPERATOR: Do you think he may have choked on anything?
UNIDENTIFIED FEMALE: I don`t think so, not for sure.
911 OPERATOR: OK. Did it look like there was any trauma of any kind?
UNIDENTIFIED FEMALE: No.
911 OPERATOR: OK. What`s Joseph doing now?
UNIDENTIFIED FEMALE: He`s doing chest compressions and CPR.
911 OPERATOR: OK. Have him keep doing it. Is he checking for breathing every once in a while?
UNIDENTIFIED FEMALE: Yes. And there`s nothing yet.
911 OPERATOR: Has Gavin vomited at all?
UNIDENTIFIED FEMALE: No.
911 OPERATOR: The squad should be there any minute, Brittany.
UNIDENTIFIED FEMALE: Yes, they`re here.
911 OPERATOR: OK. Are they coming in?
UNIDENTIFIED FEMALE: Yes.
911 OPERATOR: Show them where the baby is.
UNIDENTIFIED FEMALE: He`s in there working right now.
911 OPERATOR: The medic`s in there with the baby?
UNIDENTIFIED FEMALE: Yes.
911 OPERATOR: OK, we can hang up.
UNIDENTIFIED FEMALE: All right. Thank you.
911 OPERATOR: All right, bye-bye.
(END AUDIO CLIP)
BANFIELD: That`s April 2015.
Justin Freiman, PRIMETIME JUSTICE producer, she is nine months pregnant when that`s happening, when Gavin is smothered and killed. And she`s about
to give birth about a month later, and her doctor senses something`s wrong. What happened?
JUSTIN FREIMAN, PRIMETIME JUSTICE PRODUCER (via telephone): That`s right. Her doctor actually contacts children`s services and says she`s concerned
about the welfare of the other children. So the next baby, baby Noah, doesn`t come home. Noah, as well as her daughter, get put into foster
care.
BANFIELD: Foster care. The baby does not come home from the hospital. The daughter, who`s been there through it all, is taken away, as well.
Justin Freiman, thank you.
Allison, stick around. In one of the most surprising and disturbing turns in this story, this woman ended up going to court. She wanted those
children back in that home. At the same time, she knew exactly what she had planned for little baby Noah.
(COMMERCIAL BREAK)
[20:16:52]BANFIELD: Two children die mysteriously in the very same way over a nine-month period. Child protective services swoops in, takes a
newborn child new to the family and an existing child who`d been living in that home -- takes them out of the home.
But Brittany Pilkington and her husband, Joe, go to court and fight to get those two children back. What do you think could possibly go wrong?
Joining me now again, Allison Wichie from CNN affiliate WHIO. Also with me, Paul Callan, former prosecutor here in New York, and Monique Pressley,
defense attorney, joining us live to talk about this.
Allison, it is almost inconceivable that, knowing what we know, that this woman admitted to killing all three of these boys, she and her husband
would go to court and fight the government to get that newborn baby back and the daughter, as well. Tell me what happened.
WICHIE: Well, this is one of those stories that you really have to go back through each timetable to see what happened. So as we said, one baby dies.
Nine months later, a 4-year-old dies. And then when that 4-year-old dies, Brittany, as you said before, was nine months pregnant with another baby.
So in court today, they told us that -- they didn`t exactly get into details, but something happened at the hospital when Brittany went to go
deliver her new baby boy. Something happened at the hospital, where children services decided they needed to step in and remove that newborn
baby and their daughter, who was also at their home in that time. They needed to remove them from the home.
So little Noah Pilkington didn`t even get to go home with his parents from the hospital. They took him straight from the hospital and put him
straight into foster care. So that`s what we know about those babies.
BANFIELD: So remarkably, the battle rages between the Pilkingtons and the government. And ultimately, the Pilkingtons win. They get those two
children back. That newborn baby, who was taken right from the hospital, and that little daughter, Haley (ph), about 3, 4 years old, go right back
into that home.
Shockingly, this mother has now admitted she knew all along when she was fighting to get those two children back her intention was to do the same
thing to the little boy, Noah, that she did to the two brothers before him.
With that in mind, I want you to listen to the 911 call. This one was made when Noah, remarkably, mysteriously was found by dad, Joe, not breathing.
Remember, this is the third call in 13 months this family has made to 911. Those first two brothers are dead. This third child, 3 months old, again
not breathing.
(BEGIN AUDIO CLIP)
911 OPERATOR: 911. What`s your emergency?
UNIDENTIFIED FEMALE: Yes, we need an ambulance.
911 OPERATOR: OK, what`s going on?
UNIDENTIFIED FEMALE: Our son (INAUDIBLE) apnea monitoring`s gone off. He`s not breathing.
911 OPERATOR: OK, how old is he?
UNIDENTIFIED FEMALE: He`s 3 months.
911 OPERATOR: And has CPR been started.
UNIDENTIFIED FEMALE: No, not yet. Well, he`s doing it right now.
911 OPERATOR: You said he`s 3 months old, ma`am?
UNIDENTIFIED FEMALE: Yes.
911 OPERATOR: And when did you notice he wasn`t breathing?
UNIDENTIFIED FEMALE: He`s on an apnea monitor. It goes off when he stops breathing.
[20:20:00]911 OPERATOR: OK. Is your husband doing CPR?
UNIDENTIFIED FEMALE: Yes.
911 OPERATOR: Does he know how to do CPR?
UNIDENTIFIED FEMALE: Yes, he does.
911 OPERATOR: OK. How is his color?
UNIDENTIFIED FEMALE: His color...
(CROSSTALK)
UNIDENTIFIED FEMALE: He`s -- he`s not breathing. It just keeps going off.
911 OPERATOR: OK. How is his color? Is he bluish?
UNIDENTIFIED FEMALE: I imagine he`s probably bluish by now.
911 OPERATOR: How does he feel to your husband? Is he cool?
UNIDENTIFIED FEMALE: Is he cool? They`re asking questions what`s going to on.
UNIDENTIFIED MALE: Yes. (INAUDIBLE) help me.
UNIDENTIFIED FEMALE: Yes.
911 OPERATOR: OK, just make sure that he`s on a flat, hard surface...
UNIDENTIFIED FEMALE: Flat, hard surface.
911 OPERATOR: ... on his back.
UNIDENTIFIED FEMALE: On is back. So his head`s slightly back.
UNIDENTIFIED MALE: (INAUDIBLE)
UNIDENTIFIED FEMALE: He`s on it.
911 OPERATOR: How long has that machine been going off?
UNIDENTIFIED FEMALE: The machine`s been going off for about a few (ph) minutes. (INAUDIBLE)
911 OPERATOR: What`s your son`s name, ma`am?
UNIDENTIFIED FEMALE: Noah.
911 OPERATOR: Can your husband hear any kind of breathing coming form him, rise and fall of the chest, anything like that?
UNIDENTIFIED FEMALE: (INAUDIBLE) hearing breathing (INAUDIBLE) No, he`s not breathing at all.
911 OPERATOR: But you do have someone at the door that can keep an eye out for the squad?
UNIDENTIFIED FEMALE: Yes.
911 OPERATOR: Did the baby choke on anything or did the machine just start going off?
UNIDENTIFIED FEMALE: No.
911 OPERATOR: He didn`t choke on anything, nothing in the airway?
UNIDENTIFIED FEMALE: No.
911 OPERATOR: OK. Does he have any medical conditions?
UNIDENTIFIED FEMALE: No medical conditions, no.
911 OPERATOR: Have you noticed any change in the breathing, any starting?
UNIDENTIFIED FEMALE: No change yet, no.
911 OPERATOR: OK.
UNIDENTIFIED FEMALE: Are they on their way?
911 OPERATOR: Yes, they are on their way. They`re coming as fast as they can. Did your husband check the airway to see if there was anything in his
mouth?
UNIDENTIFIED FEMALE: No, he didn`t. No.
911 OPERATOR: OK. Have him tilt the head and lift the chin a little and see if he can see anything in his mouth. Does he see anything?
UNIDENTIFIED FEMALE: No.
911 OPERATOR: OK. (INAUDIBLE) there.
UNIDENTIFIED FEMALE: Yes.
UNIDENTIFIED MALE: (INAUDIBLE)
911 OPERATOR: Who is that, the officer?
UNIDENTIFIED FEMALE: I think so, yes.
911 OPERATOR: OK. I`ll stay on here with you until you`re sure.
UNIDENTIFIED FEMALE: OK.
911 OPERATOR: Brittany?
UNIDENTIFIED FEMALE: Yes?
911 OPERATOR: Is that my officer out there?
UNIDENTIFIED FEMALE: I think so.
911 OPERATOR: OK, I need you to go check, OK?
UNIDENTIFIED FEMALE: OK. They`re coming.
(END AUDIO CLIP)
BANFIELD: Pretty remarkable that she`s that calm, cool and collected, right? There`s a good reason for it. She ultimately ended up telling
police she did it, not once, not twice, all three times, all three boys, each of them the same way.
Don`t believe me? I`m going to read you her exact words. This is what police say she told them. "Brittany stated that she covered the faces of
each of the boys while she suffocated them so she would not have to see them die. Brittany also admitted that killing Gavin"` -- remember, he`s
the 4-year-old -- "was the hardest, as he struggled while she suffocated him. She stated that she had to hold his legs down while killing him, and
that it took a few minutes."
She also admitted that she wanted Joe to be the one to find the boys so that he would feel the pain of losing them. The reason for that last
confession, she apparently felt like Joe paid too much attention to the boys and not to their daughter, Haley, or to her. Her words, not mine.
So how do you suppose the Pilkingtons got those children back? And can you imagine the children for a moment, as the Pilkingtons go back to court
asking to have that confession thrown out? No kidding!
(COMMERCIAL BREAK)
[20:27:56]BANFIELD: How did a mother allegedly manage to kill her own young boys one by one over the course of a year without anyone figuring it
out, especially before that second and third child became victims, as well?
Joining me again, Paul Callan, former prosecutor, defense attorney Monique Pressley. She once represented Bill Cosby. She`s well know. She knows
what she`s doing. Allison Wichie also with us from WHIO.
To the lawyers first. How, first, Paul Callan, does CPS return those children to that home when two children died mysteriously the same way and
a doctor sensed something fishy with that newborn?
PAUL CALLAN, FORMER PROSECUTOR: It is absolutely shocking behavior on the part of state officials that they could have allowed this to happen. They
are there to protect these kids. They have a red flag being waved in their face, and they returned these children to a mother who is a murderer. It`s
so stunning, this case, that it takes your breath away.
BANFIELD: It takes your breath away. Monique Pressley, it`s going to take jurors` breath away, as well. There`s this 911 confession -- 911 calls.
There`s the confession to each of the children. There is so much evidence, so many witnesses, it`s what you call a slam dunk, isn`t it?
MONIQUE PRESSLEY, DEFENSE ATTORNEY: No. I think that as heart-wrenching as this case is, the defense attorneys for Ms. Pilkington are going to
start exactly where Paul just left off. The state killed these children, not the mother.
It`s alarming to me that within one year, less than a year, two children are dead. One crime is not investigated initially, and I actually also
question what was going on in that house because you see very low affect not just from the mom but from the dad.
So when you`re dealing with people who, yes, may have been involved together in a crime, or maybe the mother committed it on her own, we don`t
know at this point -- but what we do know is that there were sure triggers of mental imbalance from this mother...
[20:30:02] BANFIELD: Sure. Boy, is there ever.
PRESSLEY: They had every reason to question her. But as you know, Ashleigh, where mental imbalance is an issue or where there`s possibility
of true insanity, that that also is a defense.
So, I think this is unfortunately for those who want to see justice brought for those children, this is far from over in terms of what`s going to
happen in court.
BANFIELD: It is far from over. She is not convicted yet. She`s admitted to it but she`s not been convicted of this.
The father hasn`t been charged with anything in this case. They want this thrown out. They want this confession thrown out. Allison, what she clearly
that`s going to be an uphill battle. She is an adult. She has a high school diploma. What is the argument that this family is making to have her
confession thrown out, Allison?
ALLISON WICHIE, CNN AFFIATE WHIO REPORTER: Yes, they admit that Brittany did graduate from high school. If you go back in county records, Brittany
was in county records for a long time. She actually was part of children services investigations from when she was young.
So, over the course of her young childhood and then into when she turned 18, they have a lot of records of her. And some of those records that her
lawyers brought out in court were that children services did I.Q. testing and that she tested an I.Q. level of 94, which is below the average level
of an I.Q. of adults.
And then other records they brought out as children services investigator, at one point noted that when Brittany was 17 years old, almost 18 years
old, this children services employee noted that she had the demeanor somewhere close to an 11-year-old or a 12-year-old. So, her lawyers have
really been hitting that hard in court.
BANFIELD: All right. Allison Wichie, thank you so much. Paul Callan and Monique Pressley, I`m going to ask you to stick around. Because if Brittany
talk to this confession to police is thrown out, will the state need to prove that she actually killed those three boys and how tough will that
actually be?
[20:35:09] (COMMERCIAL BREAK)
BANFIELD: Brittany Pilkington said that she smothered her own three little boys, one at a time, over the course of a year. So, why on earth did it
take so long and several deaths before people clued in she might have actually been the cause?
Joining me now, Joseph Scott Morgan, a certified death investigator and professor of forensics at Jacksonville State University. Thank you so much
for joining me.
I guess the first question I have is, isn`t it obvious when a child of four or a baby of three months is smothered that forensically you might be able
to tell is you`re a medical examiner?
JOSEPH SCOTT MORGAN, CERTIFIED DEATH INVESTIGATOR: Hi, Ashleigh. Yes, certainly at the age of four. But let`s keep in mind as Allison had
mentioned earlier we were talking about the first little angel that died, the 3-month-old.
That child falls well within the parameters of tolerances for SIDS. That runs from about 3 months to about 11 months. And sometimes you can`t pick
up on signs.
However, I question the medical/legal authorities in this case. And procedurally, what happened? Where was the breakdown? Even though the
children had been removed from the scene and taken into the hospital, and they were attempting to save their lives, it`s still mandated that a scene
visit be required, that you go out and take a look, you question people, you see if there`s anything that`s out of the ordinary.
As far as the 4-year-old is concerned, from a medical/legal standpoint when you`re conducting an examination on this child`s body, the mother has
already stated the child was struggling. She had to literally pin the child`s legs down.
I`d be very curious to see what the autopsy report revealed. If this was an obstructed airway, the child was suffocated I would expect to find heavy
lungs, maybe petechial hemorrhages, particular hemorrhages in the eyes, maybe along the gum line, maybe trauma to the mouth.
Remember, she`s smothering this child and she`s trying to hold this child down. There`s certain parameters that we`d look at in this world, Ashleigh,
in this world of child death investigations. And I`ve got to tell you, it`s left me scratching my head.
There are cases from years and years, and they`re not just anecdotal. You know, famously cases out of New York from years ago where a woman was
suffocating her babies, and there were up to nine.
Just a few years ago, back in 2014, a mother in Utah killed a tremendous number of infants that were born to her.
BANFIELD: And then there`s Andrea Yates in Texas...
MORGAN: Yes.
BANFIELD: ... who drowned all five of her children face up in the bathtub.
MORGAN: Absolutely.
BANFIELD: It`s remarkable that they got past number one without far more examination. Let alone, a little 4-year-old Gavin, baby number two.
MORGAN: Absolutely, yes.
BANFIELD: Just quickly, Monique Pressley, if you could just tell me in 10 seconds or less, it is a death penalty state. But when a woman is this
sick, doesn`t it mark it really hard for a jury to choose the death penalty. Monique?
PRESSLEY: It`s going to make it hard for them to choose that, plus the evidence showing that she has the mentality basically of an older teen is
going to make it difficult, as well.
And the state behavior. Third child with an apnea monitor going into a home where two children have died after not being able to breathe.
It makes no sense at all. And there`s going to be plenty of culpability all the way around.
BANFIELD: Monique Pressley, thank you for that. Joseph Scott Morgan, thank you for your insight as well as we continue to watch this case and the next
turn that it takes.
[20:40:03] Road rage taking a horrific turn of its own. A young mother gunned down as her two little boys watch from the back seat.
(COMMERCIAL BREAK)
BANFIELD: Behind the wheel. One false move, honking your horn or cutting someone off, anything can spark road rage. And that can lead to terror and
it can certainly lead to tragedy.
And police right now are working on a case just like that, involving a young woman named Whitney Gray.
They say Whitney was driving with her two little boys and a teenage family member in the car, when out of the blue, an angry driver tailgating her,
ultimately pulled a gun and shot her through her window.
[20:45:05] She died right this on the scene with her children crying and watching.
Joining me now is Dana Wright, host of Dana and Parks at KMBZ. Mike Starks, a witness who actually saw the muzzle flash, and Spencer Warren, another
witness to this road rage incident. She -- he watched this victim take her last breath.
Dana, if I can begin with you. Help me understand what led up to this unspeakable violence. What -- what happened on the road before the
shooting?
DANA WRIGHT, KMBZ HOST: Right before the shooting, you know, Ashleigh, she was at a grocery store with her sons doing what we all do after work,
grabbing some groceries. And police have said according to the surveillance video they`ve been able to take look at, that this Christopher Taylor left
the parking lot after her, traveling at a very high right of speed and tailgating her, within inches of her minivan.
He then tried to pass her on the right, and either words were exchanged, something was tossed out of her passenger side window, and then the shot
was fired. It hit her in the chest and it killed her almost instantly.
BANFIELD: I want to show some of that video again and draw your attention. Christopher Taylor is driving the white Sequoia. And Whitney Gray is in the
silver minivan.
This is some of the evidence that ultimately will come up in court. What`s critical here is the actual shooting. And for that I`m going to bring in
two people who probably had the most clear view of this, Mike Stark and Spencer Warren.
First to you, Mike, what happened at the light? Because as I understand it, a simple circumstance we can all put ourselves in, Whitney is in a lane
about to turn left, and Christopher pulls up right beside her, so close that he can actually see right in through her window and presumably can
shoot right in through her window.
Did you see anything in particular that really proves what the theory on this crime is?
MIKE STARK, ROAD RAGE SHOOTING WITNESS: I mean, there was the soda that was thrown out of the car at the side before that. Like you guys said, the
tailgating. But there was some words exchanged at the intersection.
The soda was thrown, and then as soon as the light changed, the white SUV, he just -- je stomped on the gas and made it about a half car length in
front of them and shut up the window and through his driver`s window into the windshield of the minivan.
And then he sped off and the van kind of veered off the side of the road a little bit, then come back to Carlson (Ph) then went down by another block
or so before it stopped in a front yard.
BANFIELD: Spencer Warren, pick up the story from here if you would for me, because as I understand it, you were right there. You saw the children in
the back seat, the 16-year-old niece who had been in the front seat, she was hysterical and screaming that she told that driver there are children.
But she heard a response from that driver, too.
SPENCER WARREN, ROAD RAGE SHOOTING WITNESS: Yes, ma`am, she did. Something along the lines of "I don`t give an f."
BANFIELD: So, the shooter knew that there were children in the back of the car; the shooter knew that because this 16-year-old screamed this at him
before the gun fired.
WARREN: Yes, according to the niece, Jordan.
BANFIELD: When she was shot, when Whitney was shot, you sped over right away, as well. Take -- take the picture from there, what exactly happened
the minute you caught up with her car as it came to a stop?
WARREN: I started -- I dialed 911 and gave them the address and the information. I saw her getting out of the minivan. Mike jumped right in
there and started to try to stop the blood. And I went around and checked on the children, and they seemed to be OK, and they were screaming for
their mother.
And I kind of pulled Jordan back to the van so that she would take care of the kids and then I went back...
(CROSSTALK)
BANFIELD: That`s the 16-year-old niece Jordan, correct?
WARREN: Yes, ma`am.
BANFIELD: OK. So then, next, what happened with Whitney, you said she was trying to get out of the van, the minivan?
WARREN: Yes, I -- Mike is the one that was helping her at that point, and then she collapsed onto the pavement and he ripped off his sweatshirt and
was -- I think was pressing, he was trying to stop the blood that she was bleeding out from the back. There wasn`t anything that we could do.
BANFIELD: Did you -- is it correct to say that you actually had her in your arms as she literally took her last breath?
WARREN: No, no. She, I took her hand, I had asked Jordan what her name was, and I took Whitney`s hand and was holding her hand.
[20:50:06] She wasn`t responsive, she didn`t speak, and I tried to shake her leg just a little bit, Whitney hear, you know, hang on, help is coming,
you`re going to be OK. Whitney, can you hear me? And then her eyes, big pretty blue eyes just kind of glazed over. She exhaled once and she was --
that was it, she was gone.
BANFIELD: And Mike, you were also right there. I think it might have been you actually that had Whitney in your arms as Spencer just described those
last moments.
STARK: Yes. Like you said, as soon as, you know, the vehicle came to a stop, I stopped right in front of them and I jumped out and I run over and
she`s trying to climb out of the driver`s side and I`m trying to, you know, she kind of fell out into my arms.
I laid her on the pavement and I`m asking her where she was hit at, trying to find the bullet hole, you know. And I found it, so then I pulled my
shirt off and I tried to stop the bleeding as much as I could.
I kept trying to clear her airways because she had a lot of blood coming out of her mouth and her nose. And I was trying to clear all of that out so
she could breathe. And I just kept checking for a pulse, kept talking to her of trying to keep the, you know, alert and awake as much as I possibly
could.
And it wasn`t very long after, you know, the vehicle came to a stop that she breathed, you know, breathed her final breath. Then, you know, I mean,
it happened very quickly.
BANFIELD: And what else happened quickly was that the assailant sped off.
Mike Stark and Spencer Warren, thank you. Dana, I`m going to ask you to stay put if you can. There are a couple more details to this story.
WRIGHT: Sure.
BANFIELD: Because what happened after he sped off started a manhunt. And that manhunt for Whitney Gray`s alleged killer followed a very long trail.
In fact, it went all the way into another state. Hundreds of miles. But modern day technology and the gunman`s dad played quite a role in what
happened next.
[20:55:00] (COMMERCIAL BREAK)
BANFIELD: The alleged killer in a Missouri road rage shooting that took the life of a young mother right in front of her little kids, instantly
became a fugitive when he took off from the scene. But police found him. They caught up with him 700 miles away in South Dakota.
Joining me now, Dana Wright, the host of Dana and Parks at KMBZ, as well as former prosecutor Paul Callan is with us, and defense attorney Monique
Pressley.
Dana, just quickly, the public played a part in finding this man. And also unusually, his own father led police to Christopher Taylor. How did that
happened?
WRIGHT: Yes, how about that, Ashleigh? His dad thought it was odd when he heard that police were looking for a white SUV in connection with the
horrible murder of this beautiful young mother.
And when police knocked on his door, one of the first things he said was, "I wondered because we can`t find my son." They had been calling him it
rolled straight to voice mail. They said that was unlike him. And when the father went to his apartment, he noticed several things were missing. Some
guns, some gold point, some hunting, camping type gear. And so, that that worry...
(CROSSTALK)
BANFIELD: Let`s take a look at the list actually. You know what, Dana?
WRIGHT: Yes.
BANFIELD: There`s a perfect list that the police had compiled. Clothing, camping gear, assault style rifle, a handgun, four gold pieces at $50 per
100 ounces of silver and a Taylor acoustic guitar.
These were the things that the father noticed were missing from his son Christopher Taylor`s apartment.
WRIGHT: Yes.
BANFIELD: But the other hero in this is a car dealership that what? Flipped on the GPS of the car that he was driving. Is that -- is that how
he ended up being they found him?
WRIGHT: One of the interesting things that happened, Ashleigh, is that the dad said this guy wanted to live off the grid. He was paranoid. He did not
like the government and wanted to live, quote, "off the grid."
And so it`s ironic, I think that what ended up catching this guy in part was the GPS in his car.
BANFIELD: Wow.
WRIGHT: They were able to track it to a dealership. The dealership plugged it in. It literally led police right to this guy`s door in a motel in South
Dakota.
BANFIELD: So, quickly...
(CROSSTALK)
WRIGHT: So living off the grid apparently not working out.
BANFIELD: Not working. Sure isn`t off the grid right now. He`s behind bars. First degree murder, it carries a possible death penalty. Monique
Pressley, why not child endangerment because there were two children in the car? Why not attempted murder? Because that woman drove into oncoming
traffic because she was dying and those children could have died. Why not those charges?
PRESSLEY: Well, I don`t think any of those would be appropriate here just because they all have separate intent that state would have to show. And
generally, the state doesn`t try to take on more of a burden than it should.
So, it`s going to be hard enough for them to get the murder conviction here, in that it looks like there was provocation. It looks like there will
be heat of passion. It looks like there was some back and forth between the defendant and the victim. So, I`m not really sure what`s going to happen on
this case. They`re unfortunately, Ashleigh, as much...
(CROSSTALK)
BANFIELD: Paul Callan -- Paul Callan, how do you defend these people? There are witnesses, there`s a narrative, there`s video.
PAUL CALLAN, FORMER PROSECUTOR: Well, you know, I think it`s a real uphill battle for the defense on this case. I think you`ll see a murder
conviction. It might not be first degree. It might be second degree murder.
Certainly, there`s a charge called reckless endangerment. Also, you know, once you hit the mother where a bullet crashes the children could die.
That`s called reckless endangerment.
BANFIELD: I misspoke, he is charged with second degree murder.
CALLAN: OK.
BANFIELD: I thought it should be first degree.
CALLAN: Yes. Well, the reason it`s second degree is because you need premeditation for first degree murder in Missouri. OK.
(CROSSTALK)
BANFIELD: When you pick up a gun for me, that`s premeditation. But we can agree or disagree.
CALLAN: OK.
[20:59:59] BANFIELD: Paul Call, thank you. Monique Pressley, thank you. Dana Wright, thank you, as well. And thank you, everyone. We`ll see you
right back here tomorrow night, 8 o`clock for PRIMETIME JUSTICE where we spot light in justice wherever it happened.
Stay tuned. "FORENSIC FILES" is next.
END
