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Crime and Justice With Ashleigh Banfield
Alcohol and Drugs Can Ruin a Life Forever; Helpless Man Abused by Caregivers; Mom Moonlighting on Adult Website Killed; Mom in Jail After Son Shoots Sister. Aired 6-8p ET
Aired March 07, 2018 - 18:00 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
[18:00:15] ASHLEIGH BANFIELD, HOST, HLN: Good evening, everyone, I`m Ashley Banfield. And this is Crime and Justice.
On a weeknight around 10 another p.m. the local deli can be God sent. The kind of grabbing go-store in every neighborhood that helps us get through
the week. But last in Bridgeport, Connecticut, a pair of brazen gunmen turned the local deli into a virtual war zone, pulling up in a car, and
riddling its windows with bullets, as though they were a part of a Wild West shootout. Only no one inside the store were shooting back.
Because at least some of these victims were innocent people targeted out while just on a Tuesday night store run.
(BEGIN VIDEO CLIP)
UNIDENTIFIED MALE: Are you all right?
UNIDENTIFIED MALE: Call the police.
(END VIDEO CLIP)
BANFIELD: The gunman may have gotten away, but police believe they know who those men are, and they are hunting them down tonight. Police say it
seems like a deliberate attack with a semiautomatic weapon.
Ultimately, it left four victims with fortunately non-life-threatening injuries.
And there is another manhunt tonight going down in New York City, because of a brazen rush hour subway attack in a very familiar tourist destination
- Time`s Square. Now, people who ride the subway in this city, Time`s Square and everywhere else, we are rarely surprised to see strange things
happen on the subway.
But surveillance video just released by the NYPD it has jaws dropping. Man who looks like he steps off of Wall Street approaches another man on the
subway platform and pummels him relentlessly against a metal post, throwing him to the ground, and kicking him as well, then just walks away like
nothing happened. Like just nothing happened.
It is remarkable. Police say the suspect got off the train and immediately went after that victim. According to local report, it may have been because
the victim gave him a funny look. But police say they have not yet confirmed the motive. They have confirmed that photo and made it a still
photo and told the news to put it out there so that they can find him.
Regarding motive, though, there was just no motive in another attack that took place on a Texas road with another surprising assailant too. A 21-
year-old college girl wearing only a bikini. But the damage that she allegedly did was devastating.
Because when she got behind the wheel after drinking and after floating on the river all day long, well, it was irreversible. And according to police,
here`s how it happened.
She crossed over a center divider, and plowed head first into another vehicle, told the police that she, quote, "had a few beers." Her blood
alcohol level was reportedly more than twice the legal little. And a witness just may have seen her tossing a bottle of alcohol out under the
car when she crashed.
Before she did her field sobriety test again wearing only a bikini, she asked about the people that she actually hit.
(BEGIN VIDEO CLIP)
UNIDENTIFIED FEMALE: Are they going to be OK?
(END VIDEO CLIP)
BANFIELD: Unfortunately, there were not going to be words like they`re OK. Instead, Fabian Moreno-Guerrero was pronounced dead at the hospital, and
that was before his wife Kristian could even say good-bye, And Kristian happened to be five months pregnant at that moment. Her unborn baby named
after his father didn`t make it either, died the very next day.
And now that mom or would have been mom is facing that accused killer in court, Shana Elliot and Shana, herself, is facing up to 50 years in prison
for allegedly taking that family and ripping it to shreds.
(BEGIN VIDEO CLIP)
KRISTIAN GUERRERO, MOM WHO LOST CHILD: I will always love him and this will always hurt.
(END VIDEO CLIP)
BANFIELD: With me now, People magazine senior writer, Christine Pelisek. Christine, it`s just unbelievable that this much damage happened allegedly
at the hands of one young college kid who was just having a whole bunch of fun.
But there doesn`t seem to be much explanation for this. Does there?
[18:05:04] CHRISTINE PELISEK, SENIOR WRITER, PEOPLE MAGAZINE: No, not at all. I mean, she was out partying. She was down, she was in the San Marcos
River. She was tubing. And I guess it`s a place where, you know, a lot of these young kids go and party.
And she apparently, you know, it`s a rowdy type of place. She was driving back. You know, as you mentioned, she was in her bikini and just went head-
on in, driving on the wrong side of the road and just smashed into this couple, like there`s no, it doesn`t make sense. You know, it`s just
horrible.
BANFIELD: I mean, it`s very clear from the video that we`re seeing, the field sobriety test did not go well. Not only the image of it, jumping into
your car in your bikini, but also the fact that she doesn`t seem to be able comply with the request of that field sobriety test.
This, I mean this is an unusual question and maybe it`s an only in Texas thing, but she`s facing intoxication manslaughter. She`s not facing murder.
In other states, if you kill a man and you kill a woman`s unborn baby, it is murder. What`s the story here?
PELISEK: That I don`t know. I mean, I agree with you, I`m not -- I was surprised she was in charge with homicide as opposed to you know, what she
was charged with. So, I don`t know, I guess the laws in Texas are different you would think.
But I mean, she does face up to, you know, 50 years in prison, although right now she pled guilty on Monday. But right now, they are going through
with the trial and it`s the jury that will determine her sentence.
So I mean, she could be in there, she can get 50 years in prison or she may get probation. So it`s hard to say, I mean, she has had previous issues
with the law, you know, accused of possessing heroin and methamphetamine and marijuana, and you know, in 2016 and was arrested again for possession
of heroin, you know, that same year.
She, you know, she definitely has prior time. I`m assuming she`s been look at, she will have a stiff sentence I would imagine, and her blood alcohol
content too was like .199. So she was really wasted at the time.
So, I have a feeling the jury is going to take all that into consideration and she is going to get a really long period of time, and given the fact
that she killed, you know, a newlywed and his unborn son. You know, I don`t -- I think that...
(CROSSTALK)
BANFIELD: I want to get to that. You know, I want to get to that newlywed part. But I also want to add to those priors. We put up those priors from
March, possession of marijuana, heroin, and methamphetamine. And then two months later, May, 2016, she`s in possession of heroin and then, you know,
three months later this happened.
So this looks like a pattern for this young woman. And it is sort of astounding again that this is only intoxication manslaughter. By the way,
do you know, Christine, if those priors made it into the litigation so far? I know she`s pleaded.
It`s confusing. She`s pleaded but now the jury has to determine what she should get for pleading. How much time? She should serve or not because she
could get probation. I mean, it`s weird, but she could. So in that instance, are they allowed to mention her priors, those arrests or those
scrubbed from the jury as is often the case?
PELISEK: Well, it`s generally not. So I have, you know, I have a feeling that they are going to be scrubbed because you are not supposed to bring up
priors unless it has some kind of pattern with the crime at hand, and you know, these charges. You know, like the one that she had for
methamphetamine, et cetera, didn`t involve a vehicle. So I`m assuming that they are not going to bring, you know, those prior charges up.
BANFIELD: So let me ask a little bit about this, the people in this case, Fabian Guerrero-Moreno and Kristian, his wife, this was just no ordinary
love story. I mean, if you see the videos and the photographs of these newlyweds. They`ve been married just a year before. Apparently, they were,
I guess high school, maybe high school sweethearts, maybe even earlier. Do you know about their history?
PELISEK: I heard that they were high school sweethearts and on like the days, you know, this all happened, he was actually you know going to get --
he had an immigration meeting and basically he was going to be approved for his green card and so at the time they were actually out celebrating, you
know, lunch at this Joe`s Crab Shack. You know, just before this all happened.
So now they have this unbelievable, you know, love story that they, you know, they were both pretty young, so I mean, they knew each other for
many, many years and expected to have obviously a full life together before this happened.
[18:09:59] BANFIELD: I tell you what, if are you looking at the screen and wondering how is it that we feel like we`re watching a movie of this, you
effectively are, you are watching a highly produced wedding video that Kristian herself narrates about the love that she had for this high school
sweetheart of hers who she was -- who she was marrying.
And I want you to just listen. Because it`s so often as is the case in a crime, the victims are the ones who are forgotten. And if there is anything
that we can do for this family is at least shows how awesome they were and how much they were in love. I want you to take a look at this.
(BEGIN VIDEO CLIP)
GUERRERO: I met Fabian my sophomore year as high school in our class. The first time I saw him I turned to my friends, one of them is actually my
maid of honor and said, watch, this is going to be my boyfriend. It was so strange but I just had this feeling like he was going to be the one to
change my life.
We actually became friends and after a few years, we finally got it right. Fabian is every dreams, I`m going to cry, every dream I ever had come true.
And I never knew what it was like to truly love someone until he came into my life. I know without a doubt in my mind that God made him just for me.
(END VIDEO CLIP)
BANFIELD: Kristian`s aunt told People magazine that the ultrasound revealed that the baby still had a heartbeat after the accident, but when
they went to do the second ultrasound, they discovered that because of the injuries potentially that baby died in the womb.
And I think that was supposed to be the time that -- that was the time that Kristian found out the gender of her baby namesake, calling her baby Fabian
after the love of her life, her husband.
So I mean, this just goes from sad to more sad. It`s unbelievable what happens and the destruction that drinking and driving can rot.
I want to bring in Sandy Heverly, she and her husband and their four kids were seriously injured by a drunk driver. Her mother was also in the car
died of her injuries. The driver was under age, had two prior DUIs. He was speeding. He had a suspended license; he had run the stop sign and fled the
scene.
And for all of those crimes, he was sentenced to a whopping $100 fine. Sandy is the executive director of Stop DUI, and she joins me tonight from
Las Vegas.
Sandy, I only assume that when you hear the stories of the Guerrero family and this young woman Shannon Lee Elliot who is right now about to find out
what a jury is going to recommend for her.
You probably relive a lot of what you went through, but you are probably very angry, but what can we do about this? I mean, what can we do about
taking the anger and the frustration and the story of love lost, et cetera, and actually change things?
SANDY HEVERLY, EXECUTIVE DIRECTOR, STOP DUI: Yes, Ashleigh, first, let me say on behalf of Stop DUI, I want to extend our most sincere condolences to
Mrs. Guerrero and her family. Because we absolutely understand the depth of suffering and the heartache and the pain that they`re going through.
And what can we do? What can we do to help our victims? What we do is we try to get our victims involved as much as possible in joining us in
educational and awareness programs. Things that educate people to the dangers, the potentials of driving under the influence.
And I have to tell you that with this particular perpetrator based on the national average, she`s probably driven 87 times drunk before she was
caught. And of course, at this time.
(CROSSTALK)
BANFIELD: That`s astounding.
HEVERLY: Yes, absolutely.
BANFIELD: I`ll tell you something else, you know what, Sandy? This river where she was tubing all day, apparently, this is not an unusual story for
them. I want you to hear what one of the local residents say about this river and the amount of drinking, driving and horrible behavior that goes
on there, and apparently unabated. Let`s have a look.
(BEGIN VIDEO CLIP)
UNIDENTIFIED FEMALE: I`ve seen sex on inner tube, just all kind of crazy stuff.
UNIDENTIFIED MALE: Navy. We`ve seen people die on the river. We`ve seen trash, crazy trash.
UNIDENTIFIED FEMALE: The more tubing outfitters that are here the crazier it gets.
UNIDENTIFIED MALE: We have a stop sign on the way out of the neighborhood. I don`t think I`ve seen a car stop there in the last three years.
UNIDENTIFIED FEMALE: Lots of speeders. Lots of drinking speeders.
UNIDENTIFIED MALE: Pretty much destroying the river.
UNIDENTIFIED FEMALE: With that much drink and that much partying on this river, I`m surprised not more has happened.
(END VIDEO CLIP)
BANFIELD: Well, and it just might. You know, defense attorney Anahita Sedaghatfar joins me live now from Los Angeles.
[18:14:59] You know, Anahita, you just heard Sandy say that this person had likely had 87 prior drinking and driving moments that weren`t caught before
actually, you know, this moment.
And then you hear, you know, that the location and what`s going on there, but I`m astounded personally and as a lawyer, I can only imagine you some
explanation for this as to why this is only intoxication manslaughter.
And is that the problem? Is the problem that she can get from zero probation all the way up to something like 50 years, but it`s up to the
jury? And you know, there are those kinds of things, I mean, if it isn`t murder, what`s to stop us really from saying I don`t think I want to go to
prison for life no parole if I get behind the wheel.
ANAHITA SEDAGHATFAR, DEFENSE ATTORNEY: I agree with you. And it`s really shocking that the jury can give this woman parole. But I can tell you,
Ashleigh, it`s highly unlikely. She killed an innocent young man, an innocent young baby.
And you just showed this highly emotional testimony of the widower, of the mother of that little baby. Yes, the jury does get to hear about her prior
convictions. Because this is not the trial. This is the sentencing. And so those priors come in.
And that is very compelling to a jury. And I highly doubt they are going to have much sympathy for this woman in light of the fact that she has prior
drug convictions.
I`m wondering, did she never go to treatment? Was she not required as a part of those sentences to get some alcohol treatment, some drug treatment?
She clearly has a problem.
BANFIELD: Yes, and I`ll bet. I`ll bet that they are not going to hearing meth, and heroin, and marijuana and two months later same story and three
months later this happens. So I hear you.
We`re going to watch to see what ultimately happens. Anahita, thank you for that. Sandy, thank you, as well. And our thanks to Christine Pelisek for
the reporting.
A horrifying attack caught on camera at of all places a nursing home.
(BEGIN VIDEO CLIP)
UNIDENTIFIED MALE: They all come over here and can`t do shit. They come over here and just get everything. I`m just like Trump.
UNIDENTIFIED MALE: I agree with him. They come over here and set up shop.
(END VIDEO CLIP)
BANFIELD: Well, they may be saying these things. But wait until you see what they did to that 87-year-old patient sitting there in a wheelchair.
Racially motivated or not the violence is astounding. You are ability to see it in a moment. And then also you can now listen to our program any
time. You can download our podcast on Apple podcast, iHeart radio stitcher tune in or wherever you get your podcasts for your Crime and Justice fix.
[18:20:00] (COMMERCIAL BREAK)
BANFIELD: You know we spend a lot of time at work, to the point where like our co-workers become family. Right? And sometimes they see us at our
absolute worst. But there is a big difference between venting to your colleagues and the kinds of things that caretakers of an 87-year-old
patient did to that patient.
His family was so worried about it, they decided to hide a camera in the alarm clock beside his bed and what they witnessed on the videotape was
stomach turning. I want to give you a warning. You may find this video disturbing.
(BEGIN VIDEO CLIP)
UNIDENTIFIED MALE: They all come over here and can`t do shit. They come over here and just get everything. I`m just like Trump.
UNIDENTIFIED MALE: I agree with him. They come over here and set up shop. Look how -- look how they set up Dearborn and Dearborn Heights so fast You
would have never saw that in (Inaudible) You would have never saw that in a homeland security state.
Walk, walk. Walk. Walk. Walk. Walk. I never, I`m telling you, this is from the heart, I never, now this is what I will do. You know, she said, I don`t
know what to do, I (Inaudible).
UNIDENTIFIED FEMALE: So I`m like.
UNIDENTIFIED FEMALE: Shut your damn mouth.
UNIDENTIFIED FEMALE: So I`m like doing things because...
(CROSSTALK)
UNIDENTIFIED FEMALE: Stand up. Kick that foot out. Walk. Move that chair back. Kick it. Walk. Pick it up.
UNIDENTIFIED FEMALE: I can`t stand this Arab. All (muted) do is holler inside. That`s the...
(CROSSTALK)
UNIDENTIFIED FEMALE: Yes. That`s the one?
UNIDENTIFIED FEMALE: Girl that`s the one you talking about?
[18:25:00] And they want (Inaudible) every he do. I document it so they can kick his ass out of here.
UNIDENTIFIED FEMALE: Get your ass up here.
UNIDENTIFIED FEMALE: Hello. I used to throw people like that. Shut up! Don`t make no noise, Younes. Please. Because she`s goin to get you right
back up. Lay down. Lay down. Yes, I pushed his head.
(END VIDEO CLIP)
BANFIELD: With me now is WWJ NewsRadio 950 reporter Charlie Langton. Charlie, first of all I can`t really believe what I just witnessed. How is
Mr. Younes now, is he OK now?
CHARLIE LANGTON, REPORTER, WWJ NEWSRADIO 950: No, he`s not OK at all today, Ashleigh. No. He`s got his sole. He`s afraid. He still has cuts and
bruises. He`s shaken, he just can`t believe it. And Mr. Younes he came to the country here from Lebanon in 1995. He`s a U.S. citizen.
But in May of 2015, he needed some recovery. They put him in the Autumnwood of Livonia, it`s a skilled nursing facility. But within weeks, his kids
notice, his six children noticed that something wasn`t right. They saw the bruises and the cuts.
So, by December, they put this hidden camera in an alarm clock and in just two days every video that you just saw was done in just two days. They
captured everything there.
He was in this place for roughly six months and when they found this video, the kids saw it, they immediately removed him and then they brought a
lawsuit against the nursing home.
BANFIELD: So let`s go back to the beginning of the six-month period. The family says that within weeks they noticed something wasn`t right with dad,
and they said something to the facility and how did the facility responds to the complaints that something was maybe going on?
LANGTON: Yes, the facility said that he was combative, that he just had falls, that there was nothing wrong, that they were doing everything that
they could. They basically covered up for what they were doing.
And that`s why the family got even more concerned and why after about six months, they decided that they were not getting the answer, it just didn`t
add up. And Mr. Younes has a little language barrier, so it was a little bit difficult for him to understand. So the family decided they have to put
this camera in the alarm clock and that`s where they captured what we saw.
BANFIELD: So I want to just point out what some of those, I mean, you can see some things in the photographs of Mr. Younes, but I want to just point
out what some of these injuries were because they were physical but they were also emotional as the allegations outlined.
He had frequent cuts and bruises to his extremities and to his head. There were reports of complaints of frequent falls. He had anxiety attacks,
causing him to shake, and quiver, and grunt and yell. There were dramatic changes in mood and personality.
I want to bring in, if I can, Jonathan Marko, Jonathan is the attorney for the family of Mr. Younes. Mr. Marko, it`s so strange to see this as a civil
case. I feel like with the video I saw I was witnessing what it looks like assault. Why is there no criminal case that preceded the civil case?
JONATHAN MARKO, YOUNES FAMILY ATTORNEY: You know, that`s a question you are going to ask, Ashleigh, the attorney general. We, my office has been
cooperating with the local police and the attorney general and government agencies.
We turned over everything that we found in our investigation to the government agencies, including the attorney general`s office. But I can`t
bring criminal charges. I`m a civil attorney. I can enforce Younes` right through a lawsuit, but other than that, I can`t force a jury to put them in
jail, that`s criminal case.
BANFIELD: I mean, and obviously, we can see clearly from the video that he`s not being combative, he`s just receiving this treatment without
provocation. I get it. We`re only seeing parts of a video and I can`t be determinant as to what else happened with Mr. Younes, but they marked his
medical records as defiant, which made it more difficult for him to get into any other facility once they pulled him out of there right away upon
seeing this video and to the hospital for treatment.
Just so we`re crystal clear, there are two elements to this case, number one is the physical treatment Mr. Younes is receiving. And number two is
the racial slurs that are being hurled against him and the discussion of his heritage. Again, he`s Lebanese.
I can`t even repeat on air the words the names that they used to refer to him in front of him and to each other. But it`s safe to say they`re about
as the `n` word, they referred to him as an Arab regularly this United States citizen.
[18:29:56] I want to play, if I can, another moment of this hidden camera video where you can clearly hear and see this kind of abuse.
(BEGIN VIDEO CLIP)
UNIDENTIFIED FEMALE: Stop. Stop. Stop. Enough. Cut that light off. That`s enough. Enough. I`m sick of your stupid ass. Get your ass up in here.
(bleep) bitch.
UNIDENTIFIED FEMALE: Wanna go let the bed down?
UNIDENTIFIED FEMALE: No. Go to bed and fall out. Come on.
(LAUGHTER)
(END VIDEO CLIP)
BANFIELD: Jonathan, the -- why -- I have a couple questions here, why was this alarming videotape not handed over to the facility to say, not only is
our loved one in danger, but they could be doing this to others as well. And also was it turned over to the police?
JONATHAN MARKO, ATTORNEY FOR YOUNES FAMILY: Well, I think that, I know that Autumnwood was taken at the (INAUDIBLE). As soon as Mr. Youne`s son
found out and saw this, he immediately contacted the family attorney and he turned the whole video camera over to the attorney. It was then a police
report was found and it was forwarded to the attorney general.
And then it was eventually sent to Autumnwood of Livonia and health care management company. Then what they did, they went to court and they
actually got the judge to originally enter a gag order so they can continue their cover-up of this abuse. And I -- I had to get that gag order lifted
so we could give it to the public.
And I have to tell you, since this came public, I received 10 people have called my office, 10 other people who had loved ones in that facility
during this time, and who also found cuts and bruises on them and they are very concerned.
BANFIELD: I`m so sorry, Mr. Marko, for what your clients have had to go through with regard to the treatment of their father. No matter how you
slice it, I will say the Livonia Facility said that it terminated the people in this video, hallelujah, and it`s assisting with all
investigation, state, law enforcement, et cetera.
So we may yet see criminal charges in this case. I`d love to know the names of those caretakers because my guess is they`re trying to get jobs
somewhere where your mom or your dad or your loved one needs care and tender treatment. My thanks to Charlie Langton and Jonathan Marko.
An Alabama man is charged with murdering his wife. But his attorney says her racy website and sexy pictures instead could be the key to whoever it
was they say killed her. Yet, he`s the one in jail. Why is that? That`s next.
[18:35:00] (COMMERCIAL BREAK)
BANFIELD: We all have nights that get out of hand. Nights that start off perfectly proper like a date night, you know, with the hubby. And then
something kind of gets silly. But at the very worst it ends up with a hangover, right? Not murder and a beautiful young victim lying nearly naked
on the neighbor`s lawn.
Technically, Kathleen West was half in the street and half on the lawn. A neighbor says they found her in their Alabama community face down wearing
only a sports bar with a green liquor bottle placed neatly by her phone and her body.
All of this happened just hours after Kathleen and her husband Jeff were captured at this local liquor store on video that we got from "Inside
Edition." They were buying a battle of Jameson and a bottle of absinthe.
Her husband Jeff West was arrested over a month later and then charged with murdering his wife. But both his parents and maybe surprisingly her parents
refuse to believe that he did anything wrong, saying that this could just be the tragic result of a night that got out of hand.
(BEGIN VIDEO CLIP)
WILLIAM WEST, FATHER OF JEFF WEST: They went to Red Zombie. They got some liquor. Come home. He said he had a couple drinks. He went to bed. She
stayed up drinking. I think she got drunk, passed out, hit her head, and they are trying to blame somebody.
(END VIDEO CLIP)
BANFIELD: Jeff`s attorney is trying to blame somebody, too. He is looking into the possibility that the person who killed Kathleen didn`t even know
her by that name. That maybe it was one of the followers who paid $50.99 every month to see sexy pictures that she posted on an adult website. And
she used the name Kitty Cat West on that site.
(BEGIN VIDEO CLIP)
JOHN ROBBINS, ATTORNEY FOR JEFF WEST: I`m not trying to make her,
[18:40:00] like it`s her fault that she got killed.
UNIDENTIFIED MALE: Correct.
ROBBINS: OK. But we all know that there are people out there especially who are into that (INAUDIBLE) of this -- of a situation like that that we
got to look at that and see if there was someone out there that just may suffer from mental illness, you know, and felt like, you know, she may have
ignored him or something, so we got to look at that aspect. I`m not trying to blame her.
UNIDENTIFIED MALE: Right.
ROBBINS: Certainly -- certainly it`s not her fault.
He knew what she was doing. They didn`t argue over it. She -- he consented in the sense he doesn`t have a problem with it. They were happy. He had --
he had no motive to kill her.
(END VIDEO CLIP)
BANFIELD: So the man in that video is Jeff West`s attorney, John Robbins, who joins me now live. Mr. Robbins, thank you so much for being here. So I
have a question --
ROBBINS: You`re welcome.
BANFIELD: -- it seems up until now Kitty Cat West`s husband Jeff never had any issues at all with the website work that his wife was doing. And now it
seems it is a massive issue and it sounds like you are suggesting Jeff`s story is that it`s not him, they got the wrong guy, that it`s one of the
clients that he didn`t seem too worried about up until now.
ROBBINS: Wait a minute, I am not -- Jeff has said since day one that he didn`t kill his wife. And we`re just -- we`re a little over two weeks after
him being charged with the murder of his wife. And I wouldn`t be doing my job if we didn`t look into that aspect of this case.
And that`s the aspect of this case of why CNN, your news program, is interested in it. So we got to look at that. And we got to remember, it`s
just an accusation. He`s just been accused. That accusation is not evidence against him. This is at best they have it, a circumstantial evidence case,
and he says he is not guilty. He didn`t kill his wife.
BANFIELD: OK. In that circumstantial case, Mr. Robbins, the video shows Kathleen West and Jeff West at the liquor store getting a bottle of Jameson
and a bottle of absinthe. And yet Jeff`s dad said they just went out, had a nice dinner, came home, had a drink or two, and the story goes that Jeff
had to work the next day and went to bed and Kathleen kept on drinking on her own.
But why in the world would they be buying a bottle of absinthe if this was supposed to be a work night? We all know absinthe is not the kind of drink
you have on a work night.
ROBBINS: Jeff didn`t buy that for himself. His wife purchased that as that was her drink. It is clear that they went out and had a good time. What
Jeff`s father said is he said it in the moment. He didn`t really know. He doesn`t really know all the facts of the case. He wasn`t there.
It`s clear that they went out. They had dinner. They had a good time. We know that they stopped for liquor. We know that, OK? And they went home.
That in and of itself doesn`t make him the murderer of his wife and --
BANFIELD: So, you`re right. You are absolutely right. But then you got to put a lot of pieces of the puzzle together. That`s what building the case
is. You know that more than anybody.
ROBBINS: Sure.
BANFIELD: The neighbor has said when they discovered Kathleen`s naked body, that Jeff, your client, her husband, came out of the house, put the
cigarette down, stamped on it, turned around, and walked back into the house and had the most flat affect demeanor that was not the demeanor of
somebody who had shockingly just found his wife dead. They also say they called 911, but that he didn`t. Now that you have to agree is very strange.
ROBBINS: One, I don`t know how accurate that information is. And I don`t know where you got that information. You are getting that, that it`s out
being publicized in the press. We don`t know if that information is correct.
We don`t even know if that information is contained in some police report or even if the information in the police report is accurate. You know that
everything that is contained in a report is not always reported accurately. I mean, you know that.
BANFIELD: Sure.
ROBBINS: So, we have to look.
BANFIELD: I`ll give you that.
ROBBINS: We certainly have to look at that. We certainly have to look at that.
BANFIELD: And also, I think one of the things we have to look at is when the police say things, sometimes we have to read through what the police
say and don`t say. And the chief in this case said that
[18:45:00] Jeff is not being uncooperative, but it`s absolutely not the same thing as being cooperative. Is your client being cooperative with the
police?
ROBBINS: My client was cooperative with the police. They set down and told him, told the police his side of the story.
BANFIELD: Did he call 911? Did he call 911 that day? Any call?
ROBBINS: You know, that information, I don`t have. And we are a little over two weeks into the case.
BANFIELD: I understand.
ROBBINS: We have (INAUDIBLE).
BANFIELD: And you know what, John? I hope you`ll join me again. I think it`s a very strange story that gets a little more strange as it obviously
gets a lot of press coverage, but I would like to --
ROBBINS: I know, but you are portraying -- sure, but you are portraying it like you know the facts of the case.
BANFIELD: No, asking you question, sir.
ROBBINS: You know that this is a circumstantial evidence case.
BANFIELD: And you know what? I want to have you back on to answer other questions as well if you will do that.
ROBBINS: Sure. I`ve come on when I can. See what`s not being, what you are not publicizing, the man is 21 years in the military. He was honorably
discharged.
BANFIELD: I got that.
ROBBINS: He was a recruiter. He has no criminal record.
BANFIELD: That`s not part of this case though.
ROBBINS: He has no criminal record.
(CROSSTALK)
BANFIELD: I have a fourth case in the show. The time is eating up into the fourth case in the show.
ROBBINS: Sure.
BANFIELD: But I do want to talk to you again.
ROBBINS: OK, I`m sorry. I`m sorry.
BANFIELD: OK, John, thank you for being on with us tonight. So here is the story. We get outraged enough at parents who let their kids get into their
guns, right? But tonight, an Ohio mom may take you outrage to another level, because not only did she leave an 8-year-old and a 4-year-old home
alone, she left them with guns and ammo.
And the 8-year-old shot the 4-year-old, multiple times. And when you hear what that mom did next, let me put it this way, get yourself a stiff drink.
[18:50:00] (COMMERCIAL BREAK)
BANFIELD: Eight is a debatable age to leave your kid at home alone, right? Especially if you`re leaving that 8-year-old son in charge of your 4-year-
old daughter. And when that 8-year-old son takes out your .22 caliber rifle and shoots your 4-year-old daughter, you might rethink your parenting
choices.
But that is reportedly what happened in Ohio over the weekend when 27-year- old Alyssa Edwards left her children home alone to go to work. The rifle may or may not have been locked in a cabinet, but her son knew how to open
that cabinet, and he also knew how to load that gun, which he used to shoot his sister three to four times. He then called his mom and told her what
he`d done. And the way mom reacted to this, that is what really may make your blood boil.
(BEGIN VIDEO CLIP)
CHRISTOPHER TUNNELL, ASHLAND COUNTY PROSECUTOR: The defendant was contacted while at work around 10:00 a.m. Came home, cleaned up the bed
cover with blood on it, examined the 4-year-old, was aware that the 4-year- old was injured at that time and despite that knowledge clocked back in at work at 11:00 a.m., again leaving the 8-year-old and the 4-year-old home
alone yet again.
(END VIDEO CLIP)
BANFIELD: And at that point it was only after urine started leaking out of her daughter`s abdomen that Edwards took her little girl to the hospital
and that was more than four hours after she got the call from her son. So now as you can imagine, Alyssa Edwards is facing multiple child
endangerment charges as her daughter recovers in the hospital.
So my question, and this is a defense attorney, is not going to be how do you defend someone like this, it is instead, why am I only seeing
endangering children as a charge instead of neglect, tampering with evidence, and what on earth would the charge be if this girl had died or
could die?
ANAHITA SEDAGHATFAR, DEFENSE ATTORNEY: Right. She should be thanking God, Ashleigh, that that little girl did not die because she certainly would be
facing homicide charges. And as far as we know, additional charges can still be added. It`s not too late to do that. And I don`t think she has a
great defense, like you said.
I mean, you can`t say this is an accident. Maybe she looked away for a moment, she was in the shower, something quickly she left and something
happened. No way. She heard about it. She came back, cleaned up, and left those two kids there again alone? I definitely think those children need to
be kept away from her. I know CPS is in possession of those children --
BANFIELD: And there`s a whole other case. Yes, there is a whole other case.
SEDAGHATFAR: -- and they should not be returned to her until she can prove rehabilitation.
BANFIELD: CPS being another whole issue.
SEDAGHATFAR: Yes.
BANFIELD: Anahita, thank you for that. You`ve heard about bad karma. Well, this is a story about bad car-ma, seriously, literally. Wait until you hear
what happened here.
[18:55:00] (COMMERCIAL BREAK)
BANFIELD: One more thing tonight. The only way to describe this is really a case of bad karma, emphasis on the car. Fairfax County police say they
were initiating this traffic stop when the driver pulled over and tried to make a run for it.
[19:00:00] The problem is he ran in front of his own car that wasn`t in park and the car ran him over. Yes, he ran himself over. He wasn`t
seriously hurt but he is facing his third dui charge and a hit and run. That`s the best part. He`s actually facing a hit-and-run charge for
hitting himself. You can`t make this stuff up.
Next hour of CRIME & JUSTICE starts right now.
(BEGIN VIDEOTAPE)
UNIDENTIFIED FEMALE: She lost her husband and her unborn baby.
UNIDENTIFIED FEMALE: I will always want him back.
UNIDENTIFIED FEMALE: In one tragic afternoon on the road.
UNIDENTIFIED FEMALE: I just remember telling her that I was pregnant and that I was scared.
UNIDENTIFIED FEMALE: Police say it was a drunk college girl who did it while she was in a bikini.
UNIDENTIFIED FEMALE: Lots of speeders, lots of drunken speeders.
UNIDENTIFIED FEMALE: Now she is set to pay the price.
UNIDENTIFIED FEMALE: Look at this fool.
UNIDENTIFIED FEMALE: Caretakers caught on hidden camera. Caring for an 87-year-old man in a less-than-caring way.
UNIDENTIFIED FEMALE: Shut up. Stop! Stop? Enough! Sick of your stupid ass.
UNIDENTIFIED FEMALE: Now that man and his family are suing.
UNIDENTIFIED MALE: They are assuring me that everything will be taken care of.
UNIDENTIFIED FEMALE: And they say the abuse was racially motivated.
UNIDENTIFIED MALE: I`m just like Trump. I agree with him.
UNIDENTIFIED FEMALE: She was found face down and half naked, dead on the street outside her house.
UNIDENTIFIED MALE: They say her body was half on the road and half in the grass.
UNIDENTIFIED FEMALE: And her husband is charged with her murder.
UNIDENTIFIED MALE: Didn`t seem to be very upset.
UNIDENTIFIED FEMALE: But his lawyers are blaming the online community.
UNIDENTIFIED MALE: He had no motive.
UNIDENTIFIED FEMALE: The ones who paid $15.99 a month to see her steamy pictures.
UNIDENTIFIED MALE: There`s a lot of freaks out there that gets into that stuff.
(END VIDEOTAPE)
BANFIELD: Good evening, everyone. I`m Ashleigh Banfield. And welcome to the second hour of CRIME & JUSTICE.
It is a challenge to become a citizen of this country which is why a young Texas couple named Kristian and Fabian spent the afternoon celebrating when
Fabian got his residency. He reportedly had a couple of drinks. But because the couple was responsible, his wife chose to get into the driver`s
seat instead. So basically they did everything right, right? But somebody else had also been drinking that afternoon.
While she had been floating down the river all day on an inner tube. The 21-year-old college senior named Shanna Elliott who decided after all of
that to drive herself home with a reported blood alcohol level more than twice the legal limit. According to the police, Shanna crossed over the
center divider and plowed head first into Christian and Fabian Guerrero. She told the police that she quote "had a few beers." But a witness may
have seen her roll a bottle of alcohol under the car.
Before she did her field sobriety test, and may I say it was in a bikini because that`s how she was driving, she was heard asking about the people
that she had hit.
(BEGIN VIDEO CLIP)
UNIDENTIFIED FEMALE: Are they going to be OK?
(END VIDEO CLIP)
BANFIELD: Unfortunately, no. They were not going to be OK. Fabian was pronounced dead at the hospital before his wife, Christian, could even say
good-bye to him. And then there was the matter of that couple`s baby-to- be. That baby passed away the next day. That baby was named after his father, who Kristian said in her beautiful wedding video that she had loved
since day one.
(BEGIN VIDEO CLIP)
UNIDENTIFIED FEMALE: I met Fabian in my sophomore year in high school (INAUDIBLE). The first time I saw him I turned to my friends, one of them
was actually my maid of honor, and said watch, this is going to be my boyfriend. I was so shamed but I just had this feeling that he was going
to be the one to change my life.
We actually became friends and after 13 years, we finally get a ring. Fabian is every dream, I`m going to cry, every dream I ever had come true.
I never knew what it was like to truly love someone until he came into my life. I know without a doubt in my mind that God made him just for me.
(END VIDEO CLIP)
BANFIELD: Christian`s love for her husband was still there this week, but her circumstances have drastically changed because now Christian is sitting
in a witness box and facing off against the killer of her baby and her husband.
(BEGIN VIDEO CLIP)
KRISTIAN GUERRERO, WIFE OF THE VICTIM: Not to hold him, not to look at him. I will always want them back and this will always hurt.
(END VIDEO CLIP)
[19:05:09] BANFIELD: With me now is "People" magazine senior writer Christine Pelisek.
Christine, there are trials and there are trials. And they are all human dramas in one way or another, but this one is gut-wrenching and the details
are so sad. And that can`t be lost on the jury hearing this and making a decision about the punishment that Shanna lee Elliott, 22 years old, should
receive.
CHRISTINE PELISEK, SENIOR WRITER, PEOPLE MAGAZINE (on the phone): That`s exactly right. I mean she actually pled guilty on Monday. So it is up to
the jury to decide her sentencing. And she faces up to 50 years in prison, but also she could get as little as probation, so it`s going to be up to
the jury to decide that. Apparently the trial is going to take about a week. And you know, after listening to, you know, Kristian, you know, take
the witness stand, you know, it will be, you know, interesting to see what the, you know, the jury decides in this case. It`s just absolutely tragic.
BANFIELD: So Kristian and Fabian were newlyweds and expecting their first baby. And they were on -- I mean this is another, just remarkable part of
the story. They were actually on their way home from the celebration and had recently posted the sonogram photo, right, showing, you know, the baby
and sort of suggesting to everybody they could guess whether it was going to be a boy or a girl. Is this the face of a little prince or a little
princess? We can`t wait to find out Sunday! Are you team boy or team girl? We are taking bets now.
I mean, this all happened right at the same time.
PELISEK: It was the day before the crash they posted that photo of the sonogram, you know. And the big question was whether it was going to be a
boy or a girl. And you know, she ended up having a little boy. And on the day that this happened, I mean they were, you know, they had driven to
immigration because he was getting his green card and he actually got, you know, accepted. Basically, they approved his green card. And so they were
celebrating. And just on their way home back to San Marcos when, you know, this terrible tragedy, you know happened. I mean they were just ready.
Literally she was, you know, almost ready to, you know, within a few months give birth to their first son. Unbelievably sad.
BANFIELD: Has Shanna Elliott said anything yet in this case or, I mean, does that all come sort at the end right before the jurors make a decision
between zero and 50 years behind bars?
PELISEK: Well, it will be up to her defense attorney to decide whether, you know, she is actually going to, you know, take the stand or not. So it
will be interesting to see whether she does or not. I mean she did plead guilty so they know that. So, you know, I`m wondering if they, you know,
because of the fact that she pled guilty, she is hoping that because she is accepted that she did it that, you know, she might get a lighter sentence
as a result. But, you know, it`s hard to say, you know. I mean, she killed an unborn baby and a newlywed. So whether you know, they are, you
know, going to feel any sympathy for her is yet to be, you know, yet to be decided.
BANFIELD: Yes. I mean often as is the case, and you know, just to be really clear, defense attorneys will often, you know, make that
announcement in the court. But make no mistake it is the client who gets that choice whether or not to testify. And sometimes against the advice of
attorneys.
But I think you are right. I think in this case she is the only one who can beg for her life. She is the only one who can get up there and say how
sorry she is, how tragic this has been, how she can`t believe that she has done this, and that she wants to spend the rest of her life making right by
this family and making right by the cause of drinking and driving, which is going to be really hard considering her prior arrests.
And I have the list of what went down in the six months prior to this horror.
In March of 2016, she was arrested for possession of heroin, marijuana and methamphetamine.
Two months later, arrested again, possession of heroin.
And three months later, this tragic fatal crash.
So her begging better be louder than her record, which will likely come in in the sentencing phase. It`s not about prior bad acts, you know, in the
guilt/innocence phase. She has already pled to that. Now it`s all about the jury and how they feel she should be punished for this.
And to that end, you know, it`s usually critical to know how people feel about the incident prior to that. What were the circumstances prior to
that? And all we can really tell you is what the witnesses of the activity at the river say goes on all the time. (INAUDIBLE). This river rafting,
the neighbors have had it. They go so far to say not only is it drinking and debauchery but there have been people found dead on the river. Here`s
what they said about it.
(BEGIN VIDEO CLIP)
[19:10:03] UNIDENTIFIED FEMALE: I have seen sex on inner tubes, just all kinds of crazy stuff.
UNIDENTIFIED MALE: We have seen people die on the river. We have seen trash, trashy trash.
UNIDENTIFIED FEMALE: The more tubing outfitters that are here, the crazier it gets.
UNIDENTIFIED MALE: We have a stop sign and I don`t think I have seen a car stop there in the last three years.
UNIDENTIFIED MALE: Lots of speeders. Lots of drunken speeders.
UNIDENTIFIED MALE: Pretty much destroying the river.
UNIDENTIFIED FEMALE: With that much drinking and that much partying on this river, I`m surprised not more has happened.
(END VIDEO CLIP)
BANFIELD: So Christine, tell me a little bit about what the police heard from Shanna Elliott at the scene of the crash. What kinds of things did
they see? What did they witness? How did they describe her and what did she say?
PELISEK: Well, she actually, one of the things that the officer said was that he could smell, you know, alcohol on her breath. You know, her eyes
were red, you know, glassy and bloodshot. And you know, the police officer said that, you know, there was numerous clues of intoxication during her
sobriety test. And you know, she was also of course still in her bikini and she did ask, you know, the officers, you know, about the people that
she hit. And --.
BANFIELD: Didn`t she also suggest that the vehicle had hit her and not the other way around?
PELISEK: Yes, I think she did that originally. But I think that obviously --
BANFIELD: Changed her tune.
PELISEK: -- they figured out soon enough what happened.
BANFIELD: Yes. And then there`s the witness who said she was actually trying to hide the evidence, roll the bottle of liquor out somewhere or
under the car?
PELISEK: Yes. Apparently she was like trying to kick a bottle of alcohol under the vehicle.
BANFIELD: Well, you know, you see these pictures and you think, look, you are in a bikini, you jump into your car after a day of partying. Not even
taking the time to get dressed or deal with it and this is how your field sobriety goes, which is never good when a jury is trying to decide what
they should do to you.
And then you hear about everybody else who has had to go through this. And I want to bring in Sandy Heverly. She and her husband and their four kids
were seriously injured by a drunk driver. Her mom who is also in the car died of her injuries. That driver was underage. That driver had two prior
DUIs with speeding, had a suspended license, had run a stop sign and then fled the scene. And for all of that, that driver got a $100 fine.
Sandy is the executive director of stop DUI. She joins me live from L.A.
How did that driver only get a $100 fine, Sandy?
SANDY HEVERLY, SERIOUSLY INJURED BY AND LOST MOM TO DRUNK DRIVER: Well, you know, at that time DUI laws were basically nonexistent. And I can tell
you that was my first introduction to the criminal justice system. And so that`s when we began the movement. And we began educating people. And
when I speak about educating people, that includes legislators specifically. And of course our law enforcement officers who had fought
this battle for many years but never had any support in terms of any strict laws. So we worked towards that.
But I do want to say that I hope that if this perpetrator does choose to make a statement to that jury, that that jury understands every day that
she is incarcerated is one less drunk driver the rest of us have to worry about. So I hope they take very strong action in that regard.
BANFIELD: And quite frankly, sandy, there are so many statistics that show a person who ends up in a criminal case that involves drinking and driving.
It is highly unlikely it`s the first go-around. What do the stats really say?
HEVERLY: Absolutely. And I don`t believe it was this perpetrator`s first rodeo for sure because we know on a national average that they drive 87
times drunk before they are ever even caught. So, you know, there`s thousands of them out there. And as a matter of fact, just in the last two
hours, the last two hours two people have been killed and 60 more have been injured by drunk drivers. We have more than 10,000 people killed every
year due to driving under the influence.
BANFIELD: I mean it is an epidemic. And yet we all know this, right? So you are assuming that 12 people in that jury box are going to look at that
pretty face and that bikini shot while she is doing her field sobriety and they are not going to feel a hoot about it because they have been to this
rodeo too. They have heard the statistics. They have heard about mothers against drunk driving. And you would think would want to send a message
too. But is that the case? Does that happen?
HEVERLY: Well, you know, sometimes, you know, all you need is one person on the jury that participates in similar behavior and then you have got a
real problem. So we always try to avoid jury trials and jury interventions as much as possible.
BANFIELD: Well, to that end I want to bring in a defense attorney, Anahita Sedaghatfar. She is live with me also from Los Angeles.
What I don`t understand in this case, Anahita, is that the charge in Texas, and maybe it`s a Texas thing, for this young woman is intoxication
manslaughter, two counts. One for the baby and one for Fabian. Why only intoxication manslaughter? This is horrendous. In some states this is
murder.
[19:15:15] ANAHITA SEDAGHATFAR, DEFENSE ATTORNEY: Yes, that`s shocking that she got those charges. That`s probably how it works in that state.
But I can assure you, Ashleigh, from my experience that she is not going to walk. She is going to get jail time. And even if she makes a statement to
the jury like you, like you stated earlier and she apologizes and accepts responsibility, that`s not going to take away the fact that she killed an
innocent unborn child and a young man for no other reason than she decided to drink and get behind the wheel. And those prior drug arrests, Ashleigh,
are going to work really bad against her and those jurors are not going to have sympathy for her.
BANFIELD: OK. Real quickly the Texas statute says at least her indictment that she caused the death by quote "accident and mistake." Is that just
legalese for you seriously screwed up and are going down for this or is that really the way the Texans look at it? And I`m going to ask you for
like a 10-second answer on that.
SEDAGHATFAR: That`s the way they look at it. They are saying this was not a necessarily premeditated intentional killing. But nonetheless it is a
homicide and she faces up to 50 years in prison.
BANFIELD: All right. Anahita, thank you for that. My thanks also to Sandy Heverly for her, you know, additions to this. I think her message is
critical. And Christine Pelisek, as always, thank you for your reporting.
Shanna lee Elliott, 22 years old, could be 52 -- 72 -- let me rephrase that, 72 if she gets the max before she sees the light of day again.
A horrifying attack caught on camera in a Detroit nursing home.
(BEGIN VIDEO CLIP)
UNIDENTIFIED FEMALE: Stop! Stop! Stop! Enough! Enough! Enough!
(END VIDEO CLIP)
BANFIELD: Now the family of that helpless elderly victim is suing. Find out what else happened and what other words or used to determine what this
man was all about.
Also you can now listen to our show any time. Just download our podcast on apple podcast, Iheart radio, Stitcher or Tune In, wherever you get your
podcasts for your CRIME & JUSTICE fix.
(COMMERCIAL BREAK)
[19:22:13] BANFIELD: You know, we spend a lot of time at work, to the point where like our co-workers become family, right? And sometimes they
see us at our absolute worst. But there is a big difference between venting to your colleagues and the kinds of things that caretakers of an
87-year-old patient did to that patient.
His family was so worried about it, they decided to hide a camera in the alarm clock beside his bed. And what they witnessed on the videotape was
stomach turning. And I want to give you a warning, you may find this video disturbing.
(BEGIN VIDEOTAPE)
UNIDENTIFIED FEMALE: They all come over here and can`t do shit. Thy come over here and just get everything. I`m just like Trump. I agree with him.
They come over here and set up shop. Look how -- look how they set up dear born at Dearborn Heights so fast. You would have never saw that in a
homeland security state. You would have never saw that in a (INAUDIBLE).
UNIDENTIFIED FEMALE: Walk, walk, walk. Walk, walk. I never -- I never -- I never and I`m telling you and this is from the heart, I never -- now,
this is what I will do. You know, I said I have been with the same one for 10, 15 years. I met her and in five years she had five different men. So
I`m like --
Shut your damn mouth.
Stand up. Move that chair back. Walk. Pick it up. I can`t stand this Arab. Oh, that`s the --
UNIDENTIFIED FEMALE: Girl, that`s the one you talking about. And every time he do I document it so they can kick his ass out of here.
[19:25:07] UNIDENTIFIED FEMALE: Shut up. Don`t make no noise. She going to get you right back up. Lay down. Lay down.
(END VIDEOTAPE)
BANFIELD: With me now is WWJ News radio 950 reporter Charlie Langton.
Charlie, first of all, I can`t really believe what I just witnessed. How is Mr. Younes now? Is he OK?
CHARLIE LANGTON, REPORTER WWJ NEWS RADIO 950 (on the phone): R, No, he is not OK at all today, Ashleigh. He is afraid. He still has cuts and
bruises. He is shaking. He just can`t believe it. And Mr. Younes came to the country here from Lebanon in 1995. He is a U.S. citizen.
But in May of 2015, he needed some recovery, they put him in (INAUDIBLE), a skilled nursing facility. But within weeks the kids noticed, his six
children noticed that is something wasn`t right. They saw the bruises and the cuts. So by December they put this hidden camera in an alarm clock.
And in just two days, every video that you just saw was done in just two days.
They captured everything there. He was in this place for roughly six months. And when they found this video and the kids saw it, they
immediately removed him and then they brought a lawsuit against the nursing home.
BANFIELD: So let`s go back to the beginning of the six-month period. The family says that within weeks they noticed something wasn`t right with dad.
And they said something to the facility. And how did the facility respond to the complaints that something was maybe going on?
LANGTON: Yes, the facility said that he was combative, that he just had falls, that there was nothing wrong, that they were doing everything that
they could. They basically covered up for what they were doing. And that`s why the family got even more concerned and why after about six
months, they decided that they were not getting the answers, it just didn`t add up.
Mr. Younes has a little language barrier, so it was a little difficult for him to understand. So the family decided that they`d have to put this
camera in the alarm clock and that`s where they captured what we saw.
BANFIELD: So I want to just point out what some of those -- you can see some things in the photographs of Mr. Younes but I want to point out what
some of these injuries were. They were physical but they were also emotional as the allegations outline.
He had frequent cuts and bruises to his extremities and to his head. There were reports of complaints of frequent falls. He had anxiety attacks
causing him to shake and quiver and grunt and yell. There were dramatic changes in mood and personality.
I want to bring in, if I can, Jonathan Marko. Jonathan is the attorney for the family of Mr. Younes.
Mr. Marko, it`s so strange to see this as a civil case. I feel like with the video I saw, I was witnessing what looks like assault. Why is there no
criminal case that precede had the civil case?
JONATHAN MARKO, YOUNES FAMILY ATTORNEY (on the phone): You know, that`s a question you are going to have to ask the attorney general. My office has
been cooperating with the local police and the attorney general and governmental agencies. We have turned over everything that we found in our
investigation to the government agencies, including the attorney general`s office. But I can`t bring criminal charges. I`m a civil attorney. I can
enforce the Younes` right to a lawsuit, but other than that, I can`t force a jury to put them in jail. That`s a criminal case.
BANFIELD: I mean, and obviously, we can see clearly from the video that he is not being combative. He is just receiving this treatment without
provocation. I get it. We are only seeing parts of a video. And I can`t we determinant as to what else happened. But they marked his medical
records as defiant, which made it more difficult for him to get into any other facility after they took him out of here after seeing this video and
took him to the hospital for treatment.
Just so we are crystal clear, there are two elements to this case. Number one is the physical treatment that Mr. Younes is receiving. And number two
is the racial slurs that are being hurled against him and the discussion of his heritage. Again, he`s Lebanese. I can`t even repeat on air the words,
the names that they used to refer to him in front of him and to each other. But safe to say they`re as bad as the "n" word. They refer to him as an
Arab regularly, this United States citizen.
I want to play if I can another moment of this hidden camera video where you can clearly hear and see this kind of abuse.
(BEGIN VIDEO CLIP)
UNIDENTIFIED FEMALE: Stop! Stop! Stop! Enough! Turn that light off.
Enough! Enough! I`m sick of your stupid ass. Get your ass up in here. (BEEP) bitch.
UNIDENTIFIED FEMALE: Want to go let the bed down?
UNIDENTIFIED FEMALE: No. Go to bed and fall out. Come on.
(END VIDEO CLIP)
ASHLEIGH BANFIELD, HLN HOST: Jonathan, the -- why -- I have a couple of questions here. Why was this alarming videotape not handed over to the
facility to say not only is our loved one in danger, but they could be doing this to others as well? And also, was it turned over to the police?
JONATHAN MARKO, ATTORNEY REPRESENTING THE YOUNES FAMILY: Well, I think that -- I know that Autumnwood is taken at the (INAUDIBLE). As soon as Mr.
Younes` son found out and saw this, he immediately contacted the family attorney and he turned the whole video camera over to the attorney. It was
then a police report was filed and it was forwarded to the attorney general. And then, it was eventually sent to Autumnwood of Livonia and the
Ciena Health Care management company. Then, what they did is they went to court and they actually got the judge to originally enter a gag order so
they could continue their cover-up of this abuse. And I -- when I had to get that gag order lifted so we can give it to the public. And I have to
tell you, since this came public, I`ve received 10 people have called my office.
BANFIELD: Oh, God.
MARKO: Ten other people who had loved ones in that facility during this time and who also found cuts and bruises on them and they`re very
concerned.
BANFIELD: I`m so sorry, Mr. Marko, for what your clients have had to go through with regard to the treatment of their father. No matter how you
slice it, I will say that the Livonia facility said that it terminated the people in this video, hallelujah, and that it`s assisting with all
investigations, state, law enforcement, et cetera. So, we may yet see criminal charges in this case. I`d like to know the names of those
caretakers, because my guess is they`re trying to get jobs somewhere where your mom or your dad or your loved one needs care and tender treatment. My
thanks to Charlie Langston and to Jonathan Marko.
An Alabama man is charged with murdering his wife, but his attorney says her racy website and sexy pictures instead could be the key to whoever it
was they say killed her. Yet, he`s the one in jail. Why is that? That`s next.
[19:35:00] (COMMERCIAL BREAK)
BANFIELD: We all have nights that get out of hand, nights that start off perfectly proper, like a date night, you know, with the hubby. And then,
something kind of gets silly. But at the very worst, the end is a hangover, right? Not murder. And a beautiful young victim lying nearly
naked on the neighbor`s lawn. Technically, Kathleen West was half in the street and half on the lawn. A neighbor says they found her in their
Alabama community face down wearing only a sports bra with a green liquor bottle placed neatly by her phone and her body. All of this happened just
hours after Kathleen and her husband, Jeff, were captured at this local liquor store on video that we got from "Inside Edition." They were buying
a bottle of Jameson and a bottle of absinthe. Her husband, Jeff West, was arrested over a month later and then charged with murdering his wife. But
both his parents, and maybe surprisingly her parents, refused to believe that he did anything wrong, saying that this could just be the tragic
result of a night that got out of hand.
(BEGIN VIDEO CLIP)
WILLIAM WEST, FATHER OF JEFF WEST: They went to Red Zone to eat, then got some liquor, come home -- he said he had a couple drinks. He went to bed
and she stayed up drinking. I think she got drunk, passed out, hit her head, and they`re trying to blame somebody.
(END VIDEO CLIP)
BANFIELD: Jeff`s attorney is trying to blame somebody, too. He`s looking into the possibility that the person who killed Kathleen didn`t even know
her by that name. That maybe it was one of the followers who paid $15.99 every month to see sexy pictures that she posted on an adult website. And
she used the name Kitty Kat West on that site.
(BEGIN VIDEO CLIP)
JOHN ROBBINS, ATTORNEY FOR JEFF WEST: I`m not trying to make her -- it`s like it`s her fault that she got killed. Right? But we all know that
there are people out there, especially who are into that voyeur aspect of this -- of a situation like that, that we`ve got to look at that and see if
there was someone out there that just may suffer from a mental illness, just, you know, felt like, you know, she may have ignored him or something
that may -- we`ve got to look at that aspect. I`m not trying to blame her.
[19:40:16] UNIDENTIFIED MALE: Right.
ROBBINS: Certainly, it`s not her fault. He knew what she was doing. He - - they didn`t argue over it. He consented -- in a sense, he didn`t have a problem with it. They had a good marriage. They were happy. He hadn`t --
he had no motive to kill her.
(END VIDEO CLIP)
BANFIELD: So, the man in that video is Jeff West`s attorney, John Robbins, who joins me now live. Mr. Robbins, thank you so much for being here.
ROBBINS: You`re welcome.
BANFIELD: So, I have a question. It seemed up until now Kitty Kat West`s husband, Jeff, never had any issues at all with the website work that his
wife was doing. And now, it seems it is a massive issue. And it sounds like you`re suggesting Jeff`s story is that it`s not him, they got the
wrong guy, that it`s one of the clients that he didn`t seem too worried about up until now.
ROBBINS: Wait a minute, I`m not -- Jeff has said since day one that he didn`t kill his wife. And we`re just -- we`re a little over two weeks
after him being charged with the murder of his wife. And I wouldn`t be doing my job if we didn`t look into that aspect of this case. And that`s
the aspect of this case of why CNN, your news program, is interested in it. So, we`ve got to look at that. That we`ve got to remember, it`s just an
accusation. He`s just been accused. That accusation is not evidence against him. This is -- at best they have a circumstantial evidence case
and he says he is not guilty. He didn`t kill his wife.
BANFIELD: OK. In that circumstantial case, Mr. Robbins, the video shows Kathleen West and Jeff West at the liquor store getting a bottle of Jameson
and a bottle of absinthe. Then, yet, Jeff`s dad said they just did -- you know went out, had a nice dinner, came home, had a drink or two, and the
story goes that Jeff had to work the next day and went to bed and Kathleen kept on drinking on her own. But why in the world would they be buying a
bottle of absinthe if this was supposed to be a work night? We all know absinthe is not the kind of drink you have on a work night.
ROBBINS: Jeff didn`t buy that for himself. His wife purchased that and that was her drink. It`s clear that they went out and had a -- they went
out and had a good time. What Jeff`s father said is -- he said it in the moment, but he didn`t -- he didn`t really know -- he doesn`t really know
all the facts of the case. He wasn`t there. It`s clear that they went out, they had dinner, they had a good time. We know that he -- they
stopped for liquor, we know that, OK? And they went home. That in and of itself doesn`t make him the murderer of his wife. And --
BANFIELD: So, you`re right, you`re absolutely right. But then, you`ve got to put a lot of pieces of the puzzle together. That`s what building a case
is and you know that better than anybody.
ROBBINS: Sure, sure, sure, but --
BANFIELD: The neighbors have said when they discovered Kathleen`s naked body, that Jeff, your client, her husband, came out of the house, put the
cigarette down, stamped on it, turned around, and walked back into the house, and had the most flat affect -- a demeanor that was not the demeanor
of somebody who had shockingly just found his wife dead. They also say they called 911, but that he didn`t. Now, that, you have to agree, is very
strange.
ROBBINS: One, I don`t know how accurate that information is and I don`t know how -- where you got that information. You`re getting that, that it`s
out being publicized in the press. We don`t know if that information is correct and we don`t even know if it`s -- if that information is contained
in some police report and -- or if even the information in a police report is accurate. You know that everything that is contained in a report is not
always reported accurately. I mean -- and you know that. So --
BANFIELD: Sure.
ROBBINS: So, we have to look at --
BANFIELD: I`ll give you that.
ROBBINS: We certainly have to look at that. We certainly have to look at that.
BANFIELD: And also, I think one of the -- one of the things we have to look at is when police say things -- sometimes we have to read through what
the police say and don`t say. And the chief in this case said that Jeff is not being uncooperative. That is absolutely not the same thing as being
cooperative. Is your client being cooperative with the police?
ROBBINS: My client was cooperative with the police. He sat down and told him -- told the police their -- his side of the story. But --
[19:45:03] BANFIELD: Did he call 911? Just so I`m clear, did he call 911 that day? Did he call?
ROBBINS: (INAUDIBLE) you know, that information, I don`t have.
BANFIELD: OK.
ROBBINS: And we`re -- we are a little over two weeks into the case. We have anything to offer.
(CROSSTALK)
BANFIELD: I understand. And you know what, John, I hope you`ll join me again because I think it`s a very strange story that gets a little more
strange as it obviously gets a lot of press coverage. But I would like to have you back on again --
ROBBINS: I know. But you`re portraying -- but you`re -- sure, but you`re portraying it like you know the facts of the case. You know that this is a
circumstantial evidence case and --
BANFIELD: No, asking you the questions, sir. And you know what, I want to have you back on to answer other questions as well if you`ll -- if you`ll
do that.
ROBBINS: Sure. I mean, I`ll come on when I can. See, what`s not being -- what you`re not publicizing, the man is 21 years in the military. He was
honorably discharged.
BANFIELD: I got that.
ROBBINS: He was a recruiter. He has no criminal record.
BANFIELD: That`s not part of -- that`s not part of this case, though.
ROBBINS: He has no criminal record.
(CROSSTALK)
BANFIELD: (INAUDIBLE) because I have a fourth case --
ROBBINS: Absolutely, his character story.
BANFIELD: I have a fourth case of the show. The time is --
ROBBINS: Sure.
BANFIELD: -- eating up into the fourth case of the show but I do want to talk to you again.
ROBBINS: OK. Well, I`m sorry. I`m sorry.
BANFIELD: And my great thanks -- OK, John, thank you for being on tonight.
So, here`s the story. We got outraged enough at parents who let their kids get into their guns, right? But tonight, an Ohio mom might take your
outrage to another level because not only did she leave an 8-year-old and a 4-year-old home alone, she left them with guns and ammo. And the 8-year-
old shot the 4-year-old. Multiple times. And when you hear what that mom did next, let me put it this way, get yourself a stiff drink.
(COMMERCIAL BREAK)
[19:51:31] BANFIELD: Eight is a debatable age to leave your kid at home alone. Right? Especially if you`re leaving that 8-year-old son in charge
of your 4-year-old daughter. And when that 8-year-old son takes out your 0.22 caliber rifle and shoots your 4-year-old daughter, you might rethink
your parenting choices. That is reportedly what happened in Ohio over the weekend when 27-year-old Alyssa Edwards left her children home alone to go
to work. The rifle may or may not have been locked in a cabinet, but her son knew how to open that cabinet and he also knew how to load that gun,
which he used to shoot his sister three to four times. He then called his mom and told her what he`d done. And the way mom reacted to this, that is
what really may make your blood boil.
(BEGIN VIDEO CLIP)
CHRISTOPHER TUNNELL, ASHLAND COUNTY PROSECUTOR: The defendant was contacted while at work around 10:00 a.m., came home, cleaned up the
bedcover with blood on it, examined the 4-year-old, was aware that the 4- year-old was injured at that time and despite that knowledge, clocked back in at work at 11:00 a.m., again, leaving the 8-year-old and the 4-year-old
home alone yet again.
(END VIDEO CLIP)
BANFIELD: And at that point, it was only after urine started leaking out of her daughter`s abdomen that Edwards took her little girl to the
hospital. And that was more than four hours after she got the call from her son`s. So now, as you can imagine, Alyssa Edwards is facing multiple
child endangerment charges as her daughter recovers in the hospital.
So my question, Anahita Sedaghatfar, as a defense attorney, is not going to be how do you defend someone like this, it is instead why am I only seeing
endangering children as a charge instead of neglect, tampering with evidence, and what on earth would the charge be if this girl had died or
could die?
ANAHITA SEDAGHATFAR, DEFENSE ATTORNEY: Right. She should be thanking God, Ashleigh, that that little girl did not die because she certainly would be
facing homicide charges. And as far as we know, additional charges can still be added. It`s not too late to do that and I don`t think she has a
great defense like you said. I mean, you can`t say this was an accident, maybe, you know, she looked away for a moment, she was in the shower,
something quickly, she left and something happened. No way. She heard about it. She came back, cleaned up, and left those two kids there again,
alone? I definitely think those children need to be kept away from her. I know CPS is in possession of those children and they should not --
BANFIELD: And there`s a whole other case.
SEDAGHATFAR: -- be returned to her until she can prove rehabilitation.
BANFIELD: Yes, there`s a whole other case. CPS being another whole issue.
SEDAGHATFAR: Yes.
BANFIELD: Anahita, thank you for that.
SEDAGHATFAR: Thank you.
BANFIELD: You`ve heard about bad karma. Well, this is a story about bad car-ma, seriously, literally. Wait until you hear what happened here.
[19:55:00] (COMMERCIAL BREAK)
BANFIELD: "ONE MORE THING" for you tonight and you really have to see it to believe it. We have something out of Fairfax County, Virginia. Kind of
looks like a standard police chase even to the point of the suspect kind of make a run for it. The only problem is he got out and ran in front of his
own car but forgot to put it in park so his own car ran him over. You might think he was seriously hurt, but he wasn`t. He is, however, charged
with his third DUI. Guess what else he`s facing? Hit-and-run of himself. Seriously, I could watch that over and over. Over and over and over. Just
gets better each time.
Thanks for watching, everybody. I`m Ashleigh Banfield.
END
