Return to Transcripts main page
Crime and Justice With Ashleigh Banfield
Man Rescued Just Before Mobile Home Exploded; Groups Accused Of Stealing Gas; Chilling Video; Missing Teen Girl Found With Married Man; Aired 6-8p ET
Aired March 19, 2018 - 18:00 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
(JOINED IN PROGRESS)
[18:00:00] UNIDENTIFIED MALE: That`s where it is.
UNIDENTIFIED FEMALE: I agree.
UNIDENTIFIED MALE: Thanks guys for coming on tonight. All right. Crime and Justice, with Ashleigh Banfield is up next.
ASHLEIGH BANFIELD, HOST, HLN CRIME AND JUSTICE: Good evening everyone. I`m Ashleigh Banfield, this is Crime and Justice. First responders know
that 5 or 10 seconds can be the difference between life and death for both themselves and the people they save. And for one California man in a
mobile home that caught on fire and exploded, it literally came down to split seconds. You are about to see a rescue team evacuate that man from
the front of his home just in the nick of time.
(BEGIN VIDEO CLIP)
UNIDENTIFIED MALE: Guys, let`s go. Let`s get away. Let`s go.
(CROSSTALK)
(END VIDEO CLIP)
BANFIELD: Firefighters tell us that man had been cooking in his bedroom with a portable butane stove, igniting two oxygen tanks nearby. And even
though they got him out before that explosion, he was already critically injured and rushed to a local burn center, but lucky to have gotten out
when he did.
Tonight, five Wisconsin teenagers are in a whole lot of trouble and is it not for your typical teenager stuff. They are accused of stealing four
different cars at four different times and then heading off to a gas station to fill up and bolt without paying.
You know that old expression that you can fool some of the people some of the time? They couldn`t fool the gas station anymore when and the owner
recognized their vehicle, he called the police. The officers gave chase and if watch very closely, you are going to see a guy in a white truck who
decides to jump in and give them a hand all before the pursuit continued on foot. Take a look.
(BEGIN VIDEO CLIP)
(POLICE SIREN)
UNIDENTIFIED MALE: He kind of a box in here.
UNIDENTIFIED MALE: Please advised, (inaudible) continue and try to go on foot.
UNIDENTIFIED MALE: Show me your hands. Show me your hands. Put up your hands right now. Reject. No, no, no.
Show me your hands.
Show me your (BEEP) hands, right now.
(END VIDEO CLIP)
BANFIELD: And that is how that went down, but you first saw them spring out of this car almost like a clown car at the circus. Five teenagers all
between the ages of 14 and 17, but what they did is no joke, because they injured an officer and another driver on the road. And tonight, they are
charged with multiple counts of theft and also resisting arrest. And those are very grown up charges.
Tonight in Austin, police say they are now searching for what they`re calling a serial bomber, after a fourth blast injured two people overnight.
This device though was different. It was triggered by a trip wire which means the person behind the explosives is now showing off a brand-new skill
set. And this blast was actually captured on camera.
The homeowners who -- the homeowner whose camera caught that sound says, he knew instantly that what he heard was a bomb. He reportedly lives about a
half mile from where that bomb went off. A neighborhood investigator now says they are scanning for clues.
It`s been a month of terror for Austin residents, because earlier explosions killed two people and injured two others. Police are now
telling people to stay home from work, do not touch anything that looks suspicious, and they are also asking to call in with any leads or any info
that can help them towards an arrest.
There is now a $115,000 reward and what`s breaking just now is that teams are coming in from Houston to help deal with the suspicious packages and
bomb devices.
She trusted the blue and white cruiser pulling up behind her. And she was walking alone near campus. She trusted the uniformed officer who offered
to help her out, but he had other plans for Kaylie Sawyer and help was not among those plans.
Instead, he used that cruiser to rape her, and strangle her, and dump her body, leaving all of us to wonder where Kaylie was for over two days. And
now, we have the tape that proves this was a mystery even his own wife had to unravel.
(BEGIN VIDEO CLIP)
ISABEL PONCE-LARA, WIFE OF EDWIN LARA: He was very quiet, like, on the way to church, wasn`t saying much, which was just unusual.
UNIDENTIFIED MALE: Yes.
PONCE-LARA: At church, he was just very quiet, very withdrawn. Like, he would usually grab my hand, but he wasn`t doing that. So when we got out
of church, I asked him, what`s wrong with you? What`s going on?
[18:05:10] I told him, you know, We`ve been together for a very long time. I know when something`s up. So he comes out of the room and his eyes were
all teary. That`s when I`m like, What happened? Tell me what happened? What`s wrong?
So he sits on the sofa and I turn off the TV and he just says that he was like, I killed a woman, and that`s what he said. I`m like, What do you
mean? Then he`s like, I hit her with a car.
(END VIDEO CLIP)
BANFIELD: Only her husband Edwin Lara was lying. He did not hit Kaylee with a car. He hit her with a rock. And when he finally decided to come
clean, it was to the police in California.
(BEGIN VIDEO CLIP)
EDWIN LARA, SUSPECT: The following night while my wife was sleeping, I just got up without her noticing that I was -- and then left and I moved
the body again.
(END VIDEO CLIP)
BANFIELD: With me now, Freelance Reporter, Craig Fronek. Craig, you don`t often get a killer who just freely dumps it all in front of the police, but
for some reason Edwin Lara decided he was going to do that and in detail even give them clearer indications of what he did, then he told his own
wife, why?
CRAIG FRONEK, FREELANCE REPORTER: Well, Edwin is not a sworn police officer and I think ultimately the gig was up. He knew it and now there
might be -- because his parents are there locally. Hopefully, maybe he came clean for his conscious even though he had committed these horrible,
horrible acts.
BANFIELD: And Craig, when you say, he wasn`t a sworn police officer, he had that car. He had what looked like a law enforcement vehicle, because
he was sort of a campus security agent, a guard of sorts. His wife on the other hand shockingly was a former police officer. And the hits keep
coming in this story, where you just would never expect someone to be so dangerous. What did he do to -- Kaylie Sawyer that night?
FRONEK: Ashleigh, it`s good to be with you. He took advantage. This girl was clearly inebriated. She was drunk. 1:00 a.m. in the morning. He
pulled up and she probably stunk of alcohol. And he looked at her, she`s young and he took advantage. Pure and simple.
He knew when he put her in the vehicle, she would not be able to get out and that`s a horrible thing. I -- this is a warning for all and quite
frankly, the trust was broken. And law enforcement officers, this is not a sworn police officer. He had not gone through the training, because they
would have found out, he would not have made the grade for a law enforcement officer.
BANFIELD: So, the grandfather of Kaylie Sawyer had some choice words for Edwin Lara, who you see there in the interrogation room. Because, once he
spilled all the beans and he`d actually put in a plea to aggravated murder and he heard what he was going to get in prison, avoiding the death
penalty, the grandfather, Jim, and I think -- I`m not sure if you pronounce his name, Vladen or Walden, it`s tricky, but he had some choice words as I
said, for what he thought should happen to Edwin Lara. Have a listen to this.
(BEGIN VIDEO CLIP)
JIM WALDEN, KAYLEE SAWYER`S GRANDFATHER: I wish to have this piece of garbage, the defendant, sentenced of death for what he has done to my
Kaylee. I wish this court system in State of Oregon, would just hand him over to me and I will be to administer the death sentence.
(END VIDEO CLIP)
BANFIELD: So it`s` Jim -- Jim Walden in court. I can`t even imagine, Craig --
FRONEK: Yes.
BANFIELD: -- how -- how he could have kept it together the way he did. And that is critical here, because this was supposed to go to trial. And
those pieces of evidence that we have been looking at, those interrogation room interviews with both Edwin Lara and his wife, Isabel. Those were
supposed to come out in trial. And even though he pled and he`s received that life in prison with no parole, the police are letting it out there.
Do you know why?
FRONEK: I don`t understand. I -- maybe overall awareness? I don`t know. It`s profound. I just -- it`s a heart breaking story. My heart goes out
to the family. I`m just so thankful that the evidence came to light as quickly as it did. And you know, we can learn from it, but I still am
heartbroken. I have a daughter. I have two daughters and they`re -- they`re this age. And its -- I can`t even -- I don`t have words.
[18:10:06] BANFIELD: So, what`s amazing is that this wife in the interrogation room just seems to be so confounded. Don`t forget, that
woman in that chair is a former police officer herself telling these officers that her husband, you know, everything seemed OK until that trip
to church and everything went sideways and she didn`t understand what was going on until he finally spilled the beans. Here she is, taking a little
bit more about how none of this made sense to her.
(BEGIN VIDEO CLIP)
PONCE-LARA: He just kept saying, I panicked, and at that point he`s already, like he got up and he`s already going in to the room and walking
back and forth. And I`m not really quite understanding what he`s telling me. It just doesn`t make any sense to me, because I`m like, Why would
somebody do that, especially you, especially him, like it doesn`t make any sense.
(END VIDEO CLIP)
BANFIELD: I want to bring in CNN law enforcement analyst and also former assistant director of U.S. Marshals, Art Roderick. Art, the crime spree
continued.
ART RODERICK, CNN LAW ENFORCEMENT ANALSYT: OK.
BANFIELD: This was not a one off.
RODERICK: Right.
BANFIELD: Edwin Lara after doing what he did to Kaylie Sawyer, he then grabbed the gun out of his wife`s purse and took off like a bat out of
hell. He carjacked another woman after he fled central Oregon and made his way down to Northern California, Yreka, in fact. He shot a man and then
decided to carjack yet another car and this one had a family inside.
So, I am just trying to sort of piece together all the different charges that he would get for all that and is it even a bother at this point, since
they dispensed with him for life no parole in Oregon.
RODERICK: Well, as you know Ashleigh, a lot of times prosecutors will get together and decide it`s not even worth conducting these other trials in
California for the two carjacking`s and the shooting of the -- of the one individual. You know, in a lot of cases I look at -- I look at especially
cases like this.
And you heard the grandfather. I mean, I think it`s probably a good thing that he pled, so that they don`t have to sit through an elongated trial and
listen to the horrible facts that occurred here on how his granddaughter died. So, I mean, I think that is a blessing in disguise, but I wouldn`t
be surprised if California just declined to prosecute, since he is doing life without parole, no chance of parole -- he`s not going to get out of
jail ever again.
BANFIELD: Not going anywhere, anytime soon, I want to see a couple more picture of Kaylie Sawyer, because while we look at the photograph of Edwin
Lara in court, it`s really about this young woman.
RODERICK: Absolutely.
BANFIELD: This is the young woman who we lost. This is the young woman who had a family who is in mourning. I mean, I feel terrible for Edwin Lara`s
wife, but she could visit him, if she wanted to. My thoughts that she likely will never want to see him again. But this is Kaylie Sawyer, this
is the person he pretended to help that night as she struggled on her own to get home.
And with his look alike police car and lookalike uniform, put her at ease, ease enough to do what he did to her. To rape her and strangle her and
toss her body out. Not once, but twice, because apparently, as the story goes, he toss the body out near the parking lot and then returned to that
scene and moved that body and here`s where it gets interesting. With the help of a cousin.
RODERICK: Right.
BANFIELD: And now I want to bring in defense attorney, Midwin Charles. Midwin, when I heard that little nugget with the help of a cousin, and I
haven`t yet heard that adjudicated. What happens to the cousin, if they find this cousin?
MIDWIN CHARLES, DEFENSE ATTORNEY: Well, this cousin if it`s true or if you bring him to trial for this particular case, he is an accomplice. This is
someone who was an accomplice and he is going to face charges much like the same charges that he faced. That is the way it works when you are an
accomplice.
BANFIELD: But just the body, I mean if you just comes in as a cleanup operator.
CHARLES: Well, he is an accessory after the fact.
BANFIELD: Yes.
CHARLES: And so, he will be charged with that and he`ll face the ramifications of doing that.
BANFIELD: Would Edwin Lara, the murderer, have to give up the name of said cousin in order to get that deal? Or is every jurisdiction different and
every case is different?
CHARLES: Every jurisdiction is different and every case is different.
BANFIELD: Art Roderick, would you imagine that any police officer worth their weight in salt would say, don`t worry about it. We will continue
that investigation into that cousin of yours that helped you move the dead lifeless limp body of Kaylee Sawyer or would they say no deal for you until
you give it all up?
RODERICK: Yes. I am pretty sure, it probably gave the name and they know it`s a cousin, I am sure they know who exactly who it is. And they are
probably looking to see exactly what charges, what the cousin knew. I mean, you are moving a dead body. You got to know something is going here.
So we wouldn`t -- I wouldn`t be surprised if -- future charges come out against the cousin for aiding and abetting an accessory after the fact.
BANFIELD: Yes. Well, I sure hope so, because anybody who would help out a family member in that regard is no friend -- no family member and certainly
no good citizen to the rest of us.
[18:15:06] Art Roderick, thank you for that. Midwin, I will ask you to stick around. Art, stick around. My thanks as well to Craig Fronek.
Tonight`s shocking new details about how a 16-year-old girl named Amy Yu managed to slip out of the country with a 45-year-old married dad. Also,
you can now listen to our show any time, download our podcast, on Apple podcast, My Heart Radio, set your tune in or where ever you get your
podcasts for your Crime and Justice fix.
(COMMERCIAL BREAK)
[18:20:20] BANFIELD: It`s spring break all over the country and a lot of young people are coming home from places like Mexico. Undoubtedly to
relieved parent who is spent the whole week worried about their safety, but no parent was as relieved as Amy Yu`s mother, because her daughter is only
16 and she had just hopped a flight down to Cancun last week with that guy, 45 years old and married, four kids. Kevin Esterly was a family friend of
the Yu`s and a married father of four, family friend and by the way Amy`s friend is his daughter. Does not mean that Amy was in good hands, because
we are hearing tonight that their relationship went far beyond friendly.
(BEGIN VIDEO CLIP)
JOHN WALDRON, ATTORNEY FOR STACEY ESTERLY, WIFE OF SUSPECT: She was checking Amy out of school and doing things that were inappropriate at his
age with a 16-year-old girl. And eventually led to them taking off and going to, now what we believe is Mexico.
(END VIDEO CLIP)
BANFIELD: Well, indeed that duo was spotted cuddling on a flight to Cancun, swapping seats, so that they could sit next to each other and the
hunt for them indeed went international. It took a couple of weeks, but they were found in Playa del Carmen, a resort town where most couple goes
for romance, but nothing romantic is going to happen for this couple, any time soon, because they have now been brought back to the U.S., Kevin not
the way he likes to be here. He is being held in Miami, charged with interfering with the custody of a child and he showed his face in court
today.
(BEGIN VIDEO CLIP)
UNIDENTIFIED FEMALE: Hi, sir, you are arrested on a warrant from Allentown, Pennsylvania and the warrant was issued March 7, 2018 and the
charge says, in reference to family offense. So you have two choices. Choice number one, you can agree to waive extradition, that means you are
agreeing to be sent to Pennsylvania and they have 15 days to pick you up.
If they don`t pick you up in 15 days, you will be released. The other choice is to contest extradition, that means you want to fight the warrant
by going to Pennsylvania and you would be held here up to 90 days, while the state obtains a governor`s warrant to send you there. So what would
you like to do?
UNIDENTIFIED MALE: I would like to go back to Pennsylvania as soon as possible.
UNIDENTIFIED FEMALE: That is a good choice. Waive or no bond, the reset date is April 3rd. Good luck to you.
(END VIDEO CLIP)
BANFIELD: And he is going to need that luck. With me now is Jaccii Farris a reporter with CNN affiliate to the WFMZ. Jaccii, I know we have a bit of
a delay between us. So, I will just launch the question, I`ll wait for your answer, but where is Amy Yu now?
JACCII FARRIS, REPORTER, CNN AFFILIATE WFMZ: Well, Amy Yu arrived back on Sunday and it`s unclear if she went to the Yu home and saw her family or if
she went straight to a facility, a hospital in the area called St. Luke`s. And we were told by the family today that when she is done at St. Luke`s
that she will be going to a facility called Kid`s Peace, which is a mental and behavioral health facility for youths.
BANFIELD: So I am just actually getting some breaking word here. One of our producers spoke with Amy Yu`s mother just moments ago, in fact and it
turns out, I`m just reading it along here. Amy has not seen her mother yet. The nurse where she is said they don`t want to upset Amy so they sent
the family away.
My thought is that, it wouldn`t be just the mother, who hasn`t seen Amy, but also her brother John. We were schedule to speak with John on the
program tonight, but we have not been able to reach him, it could be just that they`re in such state of flux at this point. Clearly their sister,
their child is back home here in the United States and actually back in Pennsylvania. But at some kind of facility where she`s declined in some
way to speak with her mother.
So Jaccii, I`m sorry, I`m just getting all of that at the same time as interviewing with you, but do you have any idea what the process was for
separating those two for starters in Mexico and for marshals and Homeland Security to board them on planes, presumably separate and bring him back to
Miami and her back to Pennsylvania. Do you have an idea how all that went down?
FARRIS: Well, we don`t have insight into exactly how they were moved, but we did have some information that came in on Saturday. When we got word
that they were located, basically whenever the Mexican federals in the U.S. marshals went in, they found Amy Yu in a vehicle.
[18:25:04] They took a picture of her, she had a great big smile on her face and that they were able to locate Kevin and get him into handcuffs.
And I don`t know if you have this photo, but there two law enforcement officials on either side of him flanking him and he has handcuffs and he`s
got a great big smirk on his face. It seemed like the two of them were completely un-phased by the situation that they were in.
BANFIELD: All right. So I am also getting additional reporting here that she indeed was brought to Lehigh Valley, Pennsylvania and admitted to St.
Luke`s hospital. It`s unclear whether if she ever made it to her own home before she headed to St. Luke`s hospital. Amy`s family -- I`ve got word
here from a reporter that the family has seen her, but we also had word from her mother that Amy doesn`t want to see anyone. So the nurses have
sent the family away. I am going to try and clear that up. Whether they have in fact seen her or maybe that just means seen her and not spoken with
her.
We are seeing here that once Amy is finished at the hospital with whatever treatment she is getting, we don`t know what that is, she is going to be
headed to a place called Kid`s Peace Family Center, which is a place for at risk kids and kids with disabilities. They also have a psychiatric
hospital, residential programs, community programs and foster care programs. So all is not well obviously in the Yu home upon the return of
this young woman. And all was not well beforehand either. I want to play if I can Jaccii, if you permit me, Amy`s neighbor Kathleen Smith had this
to say about the resolution to all of this and sort of the path forward. Have a listen.
(BEGIN VIDEO CLIP)
KATHLEEN SMITH, AMY`S NEIGHBOR: I hope they can work things out so it didn`t happen again. I hope she knows that is not how to handle something.
You know, you can`t run off with a 45-year-old guy.
(END VIDEO CLIP)
BANFIELD: You noticed. A couple of other things that I want to share with you if I can. Kevin Esterly has an obviously long suffering wife, her
names is Stacy. Stacy has a secured herself an attorney. Divorce attorney we are told, as well. That she is planning to or may have already filed
for divorce and the attorney that spoke at the press about Stacy that is Kevin`s wife as he awaits extradition from Miami up to Pennsylvania, she`s
waived. This is what John Waldron had to say about the fights that were going on in that home in Stacy and Kevin`s home in front of their kids.
Have a listen.
(BEGIN VIDEO CLIP)
WALDRON: So they were arguing and fighting. How come dad is not around? The girls would say. Stacy would say to Amy, do you see what is happening
with me and the way he treats me and he treats me in front of you and the girls? But it didn`t seem to have any impact.
(END VIDEO CLIP)
BANFIELD: We are starting to see a pattern of this kind of reporting, because again, Kathleen Smith, that young woman who lived close to, if not
next door to the Yu household, Kathleen Smith also they talked about the kinds of arguments that were going on inside Amy`s home or what was
happening over at the Esterly`s was that Kevin, was fighting with his wife and the children were allegedly saying, where is dad, over at Any`s home,
the neighbors said things were not a whole lot more pleasant. Have a listen to this.
(BEGIN VIDEO CLIP)
SMITH: We have just been hearing a lot of fighting. The cops have been here a lot. Amy was pretty upset a bunch of the time. You could just tell
there is a lot going on. And something was going to happen sooner or later. And it wasn`t going to be good.
(END VIDEO CLIP)
BANFIELD: So I want to bring in if I can, Midwin Charles, defense attorney who is with me here on set. This is an unusual case in that Pennsylvania,
has an age of consent of 16. So the charge is not, you know illegal sex with a minor at this point for Kevin Esterly, but interfering with custody.
And yet despite that, this is all disturbing. I don`t -- I can`t think of anyone listening to this set of facts or listening to the reporting that
you just showed on your screen and wouldn`t be disturbed by the fact that an adult male at the age of 45 years old with four children would take a
16-year-old which I think we can all agree is still a minor despite the fact, a friend of his daughter.
CHARLES: A friend of his daughter.
BANFIELD: Gross.
CHARLES: Gross.
(LAUGHTER)
OK. You know?
BANFIELD: That is why I bring this up. It`s also extraordinary excruciatingly disturbing.
CHARLES: It`s very disturbing.
BANFIELD: I`m a little astounded that that would be it. Interference with the custody of a child. Given the fact that you now cross state lines,
you`ve crossed international borders, you speared this young woman away, yes from her mother --
CHARLES: Right.
BANFIELD: -- but also from her innocence. MPF, a lot of those fine outs from school were happening prior to her turning 16. So then she would be
15 years old. And there is also word that Kevin was missing work, so often, he lost his job after he had secured himself an apartment. I don`t
know whether he bought or whether he rented it, but apparently -- and Jaccii Farris, maybe you can chime in here.
Again, I know we have a delay, but there is word that he had spent so much time at this apartment that he lost his job. And I`m wondering if there is
going to be any proof of any connection to the time when Amy Yu was 15 at that apartment. Do you know if the investigation is going in that
direction?
JACCII FARRIS, REPORTER, CNN AFFILIATE WFMZ: I believe that is the direction that it will go in just by looking at all of the pieces that are
coming to the surface now. He did have that apartment. It was four blocks from Amy Yu`s home. She turned 16 in December and 16 is the age of consent
in Pennsylvania.
So, I would imagine that if investigators are able to find anything that could lead to charges, anything or any kind of activity that happened
whenever she was 15 years old, I think that they probably will take advantage of that.
BANFIELD: I think the word that keeps coming back to me when covering this story in any respect is gross. Jaccii Farris, thank you for your input.
Appreciate it. Midwin Charles, thank you as well. I`m going to ask you to stay.
Tonight in California, there is a desperate manhunt for the person or the people who did this. They threw a boulder from an interstate overpass and
the person who was behind the hole in that windshield was a young dad. And his family is absolutely devastated.
(BEGIN VIDEO CLIP)
GUADALUPE GUTIERREZ, WIFE OF VICTIM: We are asking for your help, if anybody saw anything. Please help us. Whoever did this to him. He didn`t
deserve this. My daughter didn`t deserve this.
(END VIDEO CLIP)
[18:35:00] (COMMERCIAL BREAK)
BANFIELD: One of them hasn`t even been born yet and yet two kids are without a father tonight. Because this weekend somebody decided to take a
boulder the size of a volleyball, a rock weighing about 30 pounds at least and launched it right off an overpass on a busy California freeway.
That boulder landed on a car with an entire family inside. A young pregnant woman behind the wheel driving her mother, her husband, and their little 4-
year-old daughter, a daughter who would have to watch that boulder hit her dad right in the chest.
(BEGIN VIDEO CLIP)
CHUCK GELETKO, LIEUTENANT, CALIFORNIA HIGHWAY PATROL: The pictures you see here show the results of that large boulder hitting their vehicle. This was
an intentional act. Even though the person or persons who threw the boulder may not have known who was inside the vehicle at the time, any prudent
person would know that a boulder that size would seriously harm someone driving on the freeway below.
BANFIELD (voice over): Here`s who was on the freeway below. Police say the woman on the left, Guadalupe Gutierrez, lost control of the car as she was
driving it. She swerved into other lane before she even realized what had happened and saw her husband bleeding out in the passenger seat beside her.
Of course, she rerouted to the hospital, but it did not matter how fast she tried to get there, her husband, Christopher, didn`t make it.
GUTIERREZ: Five months ago me and my husband decided to have a second child. About two weeks ago, we found out I was pregnant. He was so excited.
My daughter was so excited to be a big sister and now he`s gone. We are asking for your help, if anybody saw anything. Please help us find whoever
did this to him. He didn`t deserve this. My daughter didn`t deserve this.
BANFIELD (voice over): No one can bring Christopher back, but the person who did this can be brought to justice. Police are now asking for your
help. Anyone, anyone with information who might have seen something, who might have heard something about this, let them know.
The police are not releasing any photographs of the boulder that was thrown, but it`s for good reason. Because they got it and they`re
inspecting it for DNA to find the killer.
(END VIDEO CLIP)
BANFIELD: With me now, the editor of PasadenaNow.com, James Macpherson. James, it`s just astounding to think that someone could wreak so much
havoc, whether it be a young person, whether it be an older person.
[18:40:04] Are they getting -- are they getting anything, any clues, any tips, any information to lead to who threw that boulder?
JAMES MACPHERSON, EDITOR, PASADENANOW.COM (via telephone): We haven`t heard any information yet, no. And you`re right, it is astounding. It
wasn`t easy to get that boulder on to the freeway. They actually had to work hard of lifting up the bottom of the metal fence and push it out over
the freeway. The location that they were at is less than a block from the beginning of the world famous rose parade.
BANFIELD: They are looking at all surveillance video I`m assuming in the area, correct?
MACPHERSON (via telephone): They are, but we are not guaranteed that in fact there is any. We sent reporters out to that bridge and examined it,
and we don`t see any visible cameras.
BANFIELD: I am told as well they are scouring the homeless encampments. Are there a lot in that area?
MACPHERSON (via telephone): There are. And that I think may have been the first thought of many people who lived in this area. There a lot of
homeless people in that vicinity. It`s quite close to the Royal Canyon. And that remains a strong possibility.
BANFIELD: So, you know, you heard the police officers saying how difficult, you know, this would be and that this was intentional. I want
you to see for yourself how difficult this would be given the way the overpass is actually built.
The security measures that are put in place at that overpass. You see them all the time. Those grated mesh construction pieces that are put up and
over so that you can`t just toss anything off, right?
So Dave Lopez is a reporter with our CNN affiliate, KCAL, went out there to take a look for himself just how tough it will be to hurl something 35
pounds up and over that overpass. Have a look.
(BEGIN VIDEO CLIP)
DAVE LOPEZ, REPORTER, KCAL: I`m standing on the Orange Grove Overpass overlooking the 134 westbound traffic HOV lane. Whoever tossed this 35-
pound boulder could not have pushed the fence forward to squeeze the boulder through. It`s secure.
You can`t push it any further than this. Whoever did this had to lift that boulder and again, it`s 30 to 35 pounds, lift it up over his or her head,
lift it up, get it on top of that fence, and then let it roll down on to the car.
(END VIDEO CLIP)
BANFIELD: I want to bring in the certified death investigator and professor of forensics at Jacksonville State University, Joseph Scott
Morgan. Joseph, they said that they are keeping the boulder and testing it for DNA. Is there a good chance there will be some kind of trace evidence
on that boulder?
JOSEPH SCOTT MORGAN, CERTIFIED DEATH INVESTIGATOR: There is a very good chance, Ash. One of the things that we have to keep in mind is just like
your colleague in California mentioned and you as well, this is a very heavy boulder. It took a lot of manipulation. So they would have had to put
their hands all over this thing not to mention other areas of their body.
What they will be looking for in this particular case is going to be something that is referred to as touch DNA and that comes off from all of
the skin cells that slough off of our body. There will be multiple points of contact on this boulder. That`s the upside.
The thing that I`m fearful of is the fact that this thing was pushed over the top and then it flew through the air and then it contacted the
windshield. It had to pass through this other barrier to make it through and instruct this poor gentleman. So touch DNA is very fragile.
That`s why -- that`s why the police are being so very careful with this. The fact that they are being very careful as you earlier mentioned gives me
an indication that they are on the trail of touch DNA here.
BANFIELD: Well, let`s just say they get the touch DNA if that fragile DNA still exists after the implosion, the explosion of the glass, and then I`m
assuming the -- just the human catastrophe that surrounded as well. Then it would be a matter of matching it. So it would have to strike someone else
in the database.
In the moment, I want to talk about catching someone. And if they do, exactly what would happen to that someone. Because we have a couple of
examples before us that if they are a good example, someone -- someone in that vicinity is in a whole lot of trouble tonight. Someone who is holding
a deep dark secret. That`s next.
[18:45:00] (COMMERCIAL BREAK)
BANFIELD: We are still talking about a family of three. It was supposed to be a family of four. But someone launched a volleyball-sized boulder off
the overpass just when they were driving below and it landed squarely on Christopher Lopez`s chest, the 23-year-old father sitting next to his wife
who just found out she was pregnant.
(BEGIN VIDEO CLIP)
GUTIERREZ: About two weeks ago, we found out I was pregnant. He was so excited. My daughter was so excited to be a big sister and now he`s gone.
[18:50:00] We are asking for your help, if anybody saw anything. Please help us.
(END VIDEO CLIP)
BANFIELD: Back with me now, defense attorney Midwin Charles. This is just such an unbelievable tragedy. And I get it. Sometimes kids will be kids and
they just don`t know the consequence of their foolishness. I don`t know if this were kids. We have seen incidents with kids before. How much does it
matter if they are kids when there is a dead man?
MIDWIN CHARLES, DEFENSE ATTORNEY: Well, you started basically this conversation with the attitude that the justice system has always viewed
young people as people who were unable to understand the full consequences of their actions.
And that`s why the justice system separates juveniles versus adults, right? Because they recognize that they don`t understand the full consequences of
their actions. And also we believe as a society that young people should not be punished forever for mistakes that they made while they were young.
That said --
BANFIELD: That said.
CHARLES: That said, oftentimes, the justice system will recognize that if an act committed by a juvenile is so depraved, if the outcome is so
devastating, so bad, that oftentimes the courts will charge that juvenile as an adult. It`s often done on a case by case basis. Oftentimes the judge
will make that determination.
BANFIELD: Well, you know, like the cops said, this was so incredibly intentional. It took a lot of work to get that 30 to 35-pound boulder up
and over that protective barrier, that protective fence. So they knew what they were doing. They had to know. There is a fence there for a reason.
They had to know that could create calamity.
And it happened before, you know, we have seen five teenagers in Detroit threw a rock over -- allegedly threw a rock over an overpass and it killed
Kenneth White. And they were charged with second-degree murder. Five of them. Teenagers. Probably having a whole lot of fun. No idea that that
could result in the loss of a family member for someone. They are facing second-degree murder as adults and they are teenagers.
Back in 2015, Sharon Budd was severely injured when her husband, Randy, was driving and yet again, five young people, 18, 18, and I think there was one
juvenile among them, tossed a boulder over and effectively destroyed that woman`s life. They damaged her skull and she lost an eye. The damage to
Sharon Budd was so bad. Look at her.
This is how she was left. Her husband, Randy, was so devastated by all of it, he ultimately took his own life. So that`s what happened when someone
dropped a boulder on to her car. Those 18 year olds got up to 20 years for dropping that silly boulder. And the juvenile I think got 11 and a half
months. So more and more, I am seeing that these are the kinds of consequences. We got precedent here in other states.
CHARLES: Well, I think in those cases, what the prosecutors are trying to do as well as the judge that sentenced these individuals is send a message.
These people may be young.
You may be out having fun and having a good time, but now you need to understand there are going to be serious ramifications if you decide that
you are going to take a boulder or a rock and throw it over an overpass.
Not only can you harm an individual in a car, but you can cause that car to be out of control and cause an even larger accident.
BANFIELD: Look at that. I look at that picture and --
CHARLES: It`s a miracle that only one person was harmed to be quite honest. There were other people in that car.
BANFIELD: A child was in the back.
CHARLES: And we know the wife was pregnant as well.
BANFIELD: Yes. Just imagine that 4-year-old now growing up with this memory. God, I hope that little girl doesn`t remember that. Thank you for
that, Midwin. My thanks to James Macpherson and Joseph Scott Morgan as well.
We just love it when the bad guys make it so easy for the good guys to do their job. Like the men in Seattle who decided they wanted to steal a
couple of computers from Costco.
(BEGIN VIDEO CLIP)
UNIDENTIFIED MALE: Coming this way.
UNIDENTIFIED MALE: Wow, that worked out great.
UNIDENTIFIED MALE: Where to?
(END VIDEO CLIP)
BANFIELD: Who are those police officers out there? I didn`t expect that. That`s one more thing, coming up next.
[18:55:00] (COMMERCIAL BREAK)
BANFIELD: One more thing for you tonight, Seattle police responding to a shoplifting call at Costco. Got the drop on the bad guys and caught them
red-handed as they try to run out of the fire exit.
(BEGIN VIDEO CLIP)
UNIDENTIFIED MALE: And then as you he get out, I pulled him out. You can hear they are trying to kick that door open from the inside. So we just got
all standing there and waiting.
UNIDENTIFIED MALE: Come on, bay. Coming this way.
UNIDENTIFIED MALE: Wow, that worked out great.
UNIDENTIFIED MALE: Where to?
(END VIDEO CLIP)
BANFIELD: I love the laughing.
(LAUGHTER)
BANFIELD: And the guy who said that worked out great. Not for them. They got the get-away driver too. Apparently -- at the left of your screen, get-
away driver is already waiting until the police car boxed it in and it wasn`t going anywhere either.
[18:59:59] And I heard the cops say, don`t let her on her phone. There she could text and let them know the story. There is other people out here.
Police say that they had $2,000 worth of merchandise on them and they were booked on theft and robbery charges. So that happened.
Next hour of CRIME & JUSTICE starts right now.
(BEGIN VIDEOTAPE)
UNIDENTIFIED FEMALE: Her husband wanted a divorce so she stabbed their children to death.
UNIDENTIFIED FEMALE: I just stabbed myself and I killed my two children. I won`t let him have my kids.
UNIDENTIFIED FEMALE: Tonight she finds out how many years they will put her away.
UNIDENTIFIED FEMALE: Brittney had a lot of friends in the community.
UNIDENTIFIED FEMALE: For splitting up the family for good.
UNIDENTIFIED FEMALE: There`s blood everywhere.
UNIDENTIFIED FEMALE: A married father of four takes off with his daughter`s friend?
UNIDENTIFIED MALE: How come dad is not around the girls would say?
UNIDENTIFIED FEMALE: Now the disturbing duo have been found.
UNIDENTIFIED FEMALE: We have just been hearing a lot of fighting. The cops have been here a lot.
UNIDENTIFIED FEMALE: And his wife has something to say about the father figure relationship that turned twisted.
UNIDENTIFIED MALE: They are going to need some counselling.
UNIDENTIFIED FEMALE: He just been told he was going to be a father.
UNIDENTIFIED MALE: This was an innocent family dragging home.
UNIDENTIFIED FEMALE: Then someone dropped a boulder from an overpass.
UNIDENTIFIED MALE: Within approximately 35 pounds.
UNIDENTIFIED FEMALE: Killed in that car, his pregnant widow is begging for your help. Can you help police hunt down whoever dropped that rock?
UNIDENTIFIED MALE: This was an intentional act.
(END VIDEOTAPE)
BANFIELD: Good evening. I`m Ashleigh Banfield. This is the second hour of CRIME & JUSTICE.
The phrase until death do us part usually implies a married couple will stay together until one of them dies. It has not taken to account the
killing of the children. But that`s what Brandi Worley did to her kids when her husband asked for a divorce. They were just seven and three years
old and she stabbed them to death and then she calmly called 911.
(BEGIN VIDEOTAPE)
UNIDENTIFIED MALE: Montgomery County, 911, what is your emergency? What`s going on there?
UNIDENTIFIED FEMALE: I stand myself. I killed my two children.
UNIDENTIFIED MALE: You stabbed yourself and killed your two children?
UNIDENTIFIED FEMALE: Yes.
UNIDENTIFIED MALE: What`s your name?
UNIDENTIFIED FEMALE: Brandi Worley.
UNIDENTIFIED MALE: Brandi what?
UNIDENTIFIED FEMALE: Worley.
UNIDENTIFIED MALE: OK. How do you spell your last name?
UNIDENTIFIED FEMALE: W-O-R-L-E-Y.
UNIDENTIFIED MALE: And where are you children at?
UNIDENTIFIED FEMALE: In my daughter`s room on the floor.
UNIDENTIFIED MALE: In your daughter`s room on the floor. OK. And what caused you to do this today?
UNIDENTIFIED FEMALE: My husband wanted a divorce and wanted to take the kids. I won`t let him have my kids.
UNIDENTIFIED MALE: OK. And how old are your children?
UNIDENTIFIED FEMALE: Seven and three.
UNIDENTIFIED MALE: OK. Where did you stab yourself at?
UNIDENTIFIED FEMALE: In the neck.
UNIDENTIFIED MALE: OK. Are you bleeding?
UNIDENTIFIED FEMALE: Yes. There is blood everywhere.
UNIDENTIFIED MALE: OK. And where are you at?
UNIDENTIFIED FEMALE: In my living room?
UNIDENTIFIED MALE: You are in your living room?
UNIDENTIFIED FEMALE: Yes.
UNIDENTIFIED MALE: You armed now with the knife still?
UNIDENTIFIED FEMALE: No, it`s in my children`s room.
UNIDENTIFIED MALE: Where is your husband at?
UNIDENTIFIED FEMALE: Downstairs somewhere.
UNIDENTIFIED MALE: OK. What`s his condition?
UNIDENTIFIED FEMALE: I don`t know. I haven`t talked to him.
UNIDENTIFIED MALE: And when you say downstairs, is he in a basement or--?
UNIDENTIFIED FEMALE: Yes.
UNIDENTIFIED MALE: And do you have other weapons with you?
UNIDENTIFIED FEMALE: No.
UNIDENTIFIED MALE: No? OK. What are you feeling right now? Are you tired?
UNIDENTIFIED FEMALE: Yes. I took a lot of Benadryl.
UNIDENTIFIED MALE: You took a lot of Benadryl?
UNIDENTIFIED FEMALE: Yes.
UNIDENTIFIED MALE: OK. Is there anyone else in the residence besides the children and you and your husband?
UNIDENTIFIED FEMALE: I called my mom.
UNIDENTIFIED MALE: You called your mom. What did she say?
UNIDENTIFIED FEMALE: To call 911. I have to go.
UNIDENTIFIED MALE: You have to go?
UNIDENTIFIED FEMALE: Yes, I`m tired.
(END VIDEOTAPE)
BANFIELD: The police who responded to that call say that Brandi used a combat knife on her children. They say that she then covered theirs with
bodies of blankets. All of this as her husband was asleep in the basement, unaware that he had just lost the bulk of his family. Brandi also seems to
have tried to taking her own life, but it didn`t work. So instead, she is going to be spending the rest of her days in a jail cell sentenced just
this afternoon, in fact, to a whopping 120 years behind bars. And it might take just that long for the neighbors to forget what she did and for the
home in that neighborhood to sell where a mother turned into a murder.
(BEGIN VIDEO CLIP)
[19:05:06] UNIDENTIFIED FEMALE: Darlington is a wonderful, wonderful town. And for something like this to happen is just, I mean, it is very unusual.
UNIDENTIFIED FEMALE: It`s such a shock. It`s awful. Brandi had a lot of friends in the community and everyone is reeling because it`s so
unexpected.
(END VIDEO CLIP)
BANFIELD: With me now is Kayla Sullivan. She is a reporter for CNN affiliate WLFI.
Kayla, she was so calm on that 911 call. What was her demeanor in court today?
KAYLA SULLIVAN, REPORTER, CNN AFFILIATE WLFI (on the phone): It was exactly the same. She was calm. She didn`t cry. She just sat there
unemotional. The judge asked her if she wanted to speak twice and she just simply said no.
BANFIELD: Was there anybody there on her behalf?
SULLIVAN: Yes. There were a few people there. And they were crying. I noticed that they shook their head every time the prosecutor or her
attorney would talk about the fact that she was just a great mother and she was just, you know, an outstanding person before this. They talked a lot
about how she had no criminal record. And they would shake their head you know, and I know that the judge noted that a lot of letters were written on
her behalf about the person she was before this incident.
BANFIELD: Did anyone read those letters out loud or were they submitted to the court?
SULLIVAN: They were submitted to the court. However, he did kind of summed them up as I just did just saying that she was a nice person. She
was a wonderful mother. The only time they talked to her traits or behavior that may have led to her doing something like this is they said
that she was a planner. She really got angry when things didn`t go as planned in her life.
SULLIVAN: You know, I want to show a picture of what she looked like when she was arrested. I think if you look closely, you can see a bandage that
is across her neck. And that is presumably the self-inflicted wound where she muttered to the 911 operator, I tried to kill myself.
Is she on suicide watch of any kind where she is being held and whatever she is headed, whatever penitentiary she is headed to, is she going to be
held in a protective kind of environment?
SULLIVAN: Yes. She actually did not only try to commit suicide that night, but I believe sine then she tried commit suicide while she was
incarcerated as well. So I`m sure that whatever prison that she is being held in will have high alert on watching her and making sure that she is
not going to try anything.
BANFIELD: A couple of details from court today. Jason Worley, the father who has been left with zero family. Ultimately zero family. He had a
family of four. He has nothing now. Did he say anything about ever wanting to see her?
SULLIVAN: He said he never wants to see her again. Actually, the prosecutor asked what he recommended the judge do and he said out of sight
out of mind as long as I never see her again.
BANFIELD: Did they give more details about what happened that night?
SULLIVAN: They actually did. He, Jason Worley, the husband talked about how it was just a normal night and the kind of the events that led up to
it. He talked about how they went to their daughter`s dance recital and then were playing with the kids. He tucked them in. Read them a good
night story and told them he loved them and he would see them in the morning. And I guess Brandi Worley said she was going to Wal-Mart to buy
some school supplies for Tyler and she came and she actually ended up buying a knife at Wal-Mart and came back and hid the knife I the bedroom.
And while Jason was sleeping, she told the kids that she was going to have a sleep over in the daughter`s room, in Charlie`s room. And got them
already on the floor, that they were kind of a fun little sleepover and then straddled Tyler and stabbed him four times and then went and straddled
Charlie and stabbed her three times.
BANFIELD: In Little Charlie`s room.
And you know, the house is for sale and we couldn`t help but notice a pink room in some of the photographs for the listing of the house. And I don`t
know if this was Charlie`s room, but it sure looks like a little girl`s room. And little Charlie as you said was told she was going to have a
sleepover with her brother and put out on the floor like that. And I just -- I can`t tell you if that`s room or not, but it`s just harrowing to think
of what happened.
Fifty-five years she got for one count of murder, 65 years for the other count. They are to be served consecutively. She apparently gave no
statement at all other than those single comments, no.
Unless you think that is maybe overkill in terms of the years, let`s just go back to the night because you heard Brandi say she called her mom. And
it is also presumable that as the moment her mother got on the 911 call, she made the discovery. And I just want to warn you that this is a very
disturbing piece of audio tape that you are going to hear. This portion of the 911 call. So if you have kids in the room, it would be a good
opportunity to move them away and take protection yourself if you have difficulties with this kind of thing.
(BEGIN VIDEOTAPE)
UNIDENTIFIED MALE: You are he mother?
UNIDENTIFIED FEMALE: Yes, I just -- oh, my God, I just got here.
UNIDENTIFIED MALE: OK. Is what she is saying is true? Have you found the children?
UNIDENTIFIED FEMALE: No.
UNIDENTIFIED MALE: OK, she said that --.
UNIDENTIFIED FEMALE: My daughter -
UNIDENTIFIED MALE: OK, ma`am. I understand. You have to calm down so I can get help to you. I have got units en route to you.
Your daughter said the children are in the bedroom on the floor. Can you locate them?
UNIDENTIFIED FEMALE: Oh, my God!
UNIDENTIFIED MALE: Have you located the children?
UNIDENTIFIED FEMALE: Yes. Oh, my God.
(END VIDEOTAPE)
BANFIELD: You can only imagine what that -- as difficult as that is to hear on television, you can only imagine what the 911 operator was
wondering, thinking, imagining and deciding at the time.
The 911 operator`s name was Kyle Proctor. And that operator if you can believe it, his first ever -- this is such a small community. His first
ever call that he received as a 911 operator was from an old woman who wanted the phone number for dish network. So you get the idea of the kinds
of calls he was used to.
And in fact, Kyle Proctor, he said that he hoped that the call he was listening to was Brandi just being delusional. He spoke about it. Have a
listen.
(BEGIN VIDEO CLIP)
KYLE PROCTOR, 911 OPERATOR: I had full hope that she was being delusional just for the fact that you never get someone to call and confess something
like this. The hardest part was here and how grandma reacted. I mean, I look behind me and I have an officer crying. I look across the other
dispatcher has tears and you are trying to hold it together.
(END VIDEO CLIP)
BANFIELD: Unbelievable. I want to bring in certified death investigator and professor of forensics at (INAUDIBLE) state university Joseph Scott
Morgan.
Joe, there was that small detail that Brandi Worley said on that 911 call that she was tired. That she had taken a lot of Benadryl. Everybody, I
know is taking Benadryl at one time or another. It doesn`t make you want to kill your children. But is there something to copious amounts of
Benadryl that can lead someone who otherwise had a fairly normal life to do something like this?
JOSEPH SCOTT MORGAN, CERTIFIED DEATH INVESTIGATOR: No, I can only think that the reason she took it was to kind of, I don`t know, numb herself.
The level of lethality of Benadryl is pretty much nil. You can only imagine what she had on some level at least or witness to, I know, that the
police officers that were out there saw something that they will never forget. I was on many cases like this where entire families were destroy
and it still haunts me to this day. There was a report of a police officer at the scene weeping, weeping openly. These two children were absolutely
brutalized with what she termed as combat knife that combat knife is made specifically for one thing. And --.
BANFIELD: That`s killing or hunting or something and it is not meant for really anything else.
MORGAN: Killing specifically. Yes, go ahead.
BANFIELD: Yes. Hold that thought for a minute because I do want to bring in defense attorney Midwin Charles on this.
You know, 120 years, 120 years, is that overkill? Is this unusual? Did this woman have any kind of defense? I assume that they tried for mental
illness, but the doctors all said it just didn`t rise to that level.
MIDWIN CHARLES, DEFENSE ATTORNEY: No. It isn`t unusual. And you said that - I think you said the sentences are going to be consecutive.
BANFIELD: Yes.
CHARLES: Which mean one after the other. And clearly we know she is not going to live to be 120 years. But remember, a lot of times prosecutors,
judges, they will handout sentences like this. The prosecutors will go hard in cases like this because they want to send a message. They want to
send a message to people who are doing things like that, to prevent them from ever doing it again.
BANFIELD: And protect themselves on one count at 55 years, if something happen to that, you got other --.
Midwin Charles, thank you for that. My thanks to Joseph Scott Morgan and also to Kayla Sullivan.
Tonight, some shocking new details about how 16-year-old Amy Yu managed to slip out of the country with a 45-year-old married dad.
And also, you can now listen to our show anytime. Download our podcast on Apple podcast, I heart radio, Sticher, Tune In or wherever you get your
podcast for your CRIME & JUSTICE fix.
(COMMERCIAL BREAK)
[19:20:12] BANFIELD: It is spring break all over the country. And a lot of young people are coming home from places like Mexico undoubtedly to
relieved parent who spent the whole week worried about their safety. That no parent was as relieved as Amy Yu`s mother. Because her daughter is only
16 and she had just hopped a flight down to Cancun last week with that guy, 45 years old and married, four kids.
Kevin Esterly was a family friend of the Yus, a married father of four, family friend and by the way, Amy`s friend is his daughter. It doesn`t
mean that Amy was in good hands because we are hearing tonight that their relationship went far beyond friendly.
(BEGIN VIDEO CLIP)
JOHN WALDTRON, ATTORNEY FOR STACEY ESTERLY, WIFE OF SUSPECT: He was checking Amy out of school and doing things that were inappropriate at his
age with a 16-year-old girl and eventually led to them taking off and going to now what we believe is Mexico.
(END VIDEO CLIP)
BANFIELD: Well, indeed that duo was spotted cuddling on a flight to Cancun, swapping seats so that they could sit next to each other. And the
hunt for them indeed went international. It took a couple of weeks, but they were found in (INAUDIBLE), a resort town where most couples go for
romance. But nothing romantic is going to happen for this couple any time soon because they have now been brought back to the U.S.
Kevin not the way he would like to be here. He is being held in Miami, charged with interfering with the custody of a child and he showed his face
in court today.
(BEGIN VIDEO CLIP)
UNIDENTIFIED FEMALE: Hi, sir. You were arrested on a warrant from Allentown, Pennsylvania. The warrant was issued on March 7th, 2018. And
the charge says referenced of family offense. So you have two choices. Choice number one, you can agree to waive extradition. That means you are
agreeing to be sent to Pennsylvania. And they would have 15 days to pick you up. Let`s say they will pick you up in 15 days, you would be released.
The other choice to contest extradition. That means you want to fight the warrant and fight going to Pennsylvania and you would be held here up to 90
days while the state obtain a governor`s warrant to send you there. So what would you like to do?
KEVIN ESTERLY, SUSPECT: I would like to go back to Pennsylvania as soon as possible.
UNIDENTIFIED FEMALE: That`s a smart choice. Waiver no bond. The reset date is April 33rd. Good luck to you.
(END VIDEO CLIP)
BANFIELD: And he going to need that luck.
With me now, Jaccii Farris, reporter with CNN affiliate WFMZ.
Jaccii, I know we have a bit of a delay between us so I will just launch the question, I will wait for your answer. But where is Amy Yu now?
JACCII FARRIS, REPORTER, CNN AFFILIATE WFMZ: Well, Amy Yu arrived back on Sunday. And it`s unclear if she went to the Yu home and saw her family or
if she went straight to a facility, a hospital in the area called St. Luke`s. And we were told by the family today that once she is done at St.
Luke`s, that she will be going into a facility called kid`s peace which is a mental and behavioral health facility for youths.
BANFIELD: So I am just actually getting some breaking word here. One of the producers spoke with Amy Yu`s mother just moments ago, in fact. And it
turns out I`m just reading it along here. Amy has not seen her mother yet. The nurse where she is said they don`t want to upset Amy so they sent the
family away. And my thought is that it wouldn`t just be the mother who hasn`t seen Amy, but also her brother, John. We were scheduled to speak
with John on the program tonight, but have not been able to reach him. It could be just that they are such in state of flux at this point. Clearly,
their sister, their child is back home here in the United States and actually back in Pennsylvania but at some kind of a facility where she
declined in some way to speak with her mother.
So Jaccii, I`m sorry. I`m just getting all of that at the same time as interviewing with you.
But do you have any idea what the process was for separating those two for starters in Mexico and for marshal and homeland security to board them on
planes, presumably separate and bring him back to Miami and her back to Pennsylvania. Do you have an idea of how it went down?
FARRIS: Well, we don`t really have an insight to the exactly how they were moved. But we did have some information that came in on Saturday and we
got word that they were located. Basically, whenever the Mexican federals and the U.S. marshals went in, they found Amy Yu in a vehicle. They took a
picture of her. She had a great big smile on her face. And then they were able to locate Kevin and get him into handcuffs. And I don`t know if you
have this photo, but there are two law enforcement officials on either side of him, planking him. And he has got handcuffs and he has a great big
smirk on his face. It seemed like the two of them were completely un- phased by the situation that they were in.
[19:25:14] BANFIELD: All right. So, I`m also getting additional reporting here that she indeed was brought to Lehigh Valley, Pennsylvania and
admitted to St. Luke`s hospital. It`s unclear whether she ever made it to her own home before she headed to St. Luke`s hospital.
Amy`s family - I got word here from a reporter that the family has seen her, but we also had words from her mother that Amy doesn`t to see anyone
so the nurses have sent her family away. I`m going to try to clear that up, whether they have in fact seen her or maybe that just means seen here
and not spoken with her.
We are seeing here that once Amy is finished at the hospital with whatever treatment she is getting and we don`t know what it is. She is going be
headed to a place called kids peace family center which is a place for at risk kids and kids with disabilities. They also have a psychiatric
hospital, residential programs, community programs and foster care programs.
So all is not well obviously in the Yu home upon the return of this young woman. And all was not well beforehand either.
I want to play if I can, Jaccii, if you permit me, Amy`s neighbor Kathleen Smith had this to say about the resolution to all of this and sort of path
forward. Have a listen.
(BEGIN VIDEO CLIP)
KATHLEEN SMITH, NEIGHBOR: I hope they can work things out so this doesn`t happen again. Like I hope she knows that`s not how to handle something.
You can`t run off with a 45-year-old guy.
(END VIDEO CLIP)
BANFIELD: A couple of other things I want to share with you if I can.
Kevin Esterly have a long suffering wife named Stacy. Stacy has secured herself an attorney, divorce attorney we are told as well, and she is
planning to or if may have already filed for divorce. And the attorney that spoke with the press about Stacy, that`s Kevin`s wife, as he awaits
extradition from Miami up to Pennsylvania. She has waived.
This is what John Waldtron had to say about the fights that were going on in that home in Stacy and Kevin`s home in front of their kids. Have a
listen.
(BEGIN VIDEO CLIP)
WALDTRON: So they were arguing and fighting, how come dad isn`t around, the girls would say. Stacy would say to Amy, do you see what is happening
with me and the way he treats me and treats me in front of you and the girls? But it didn`t seem to have an impact.
(END VIDEO CLIP)
BANFIELD: We are starting to see a pattern of this kind of reporting because again, Kathleen Smith, that young woman who lived close to if not
next door to the Yu household, Kathleen Smith also talked about the kinds of arguments that were going on inside Amy`s home while what was happening
over at the Esterly`s was that Kevin was fighting with his wife and the children were allegedly saying where is dad. Over at Amy`s home, the
neighbors said things were not whole lot more pleasant. Have a listen to this.
(BEGIN VIDEO CLIP)
SMITH: We have been hearing a lot of fighting. The cops have been here a lot. Amy was pretty upset a bunch of the time. And you can just tell that
there is a lot going on. And something was going to happen sooner or later. And it wasn`t going to be good.
(END VIDEO CLIP)
BANFIELD: So I want to bring in, if I can, Midwin Charles, defense attorney who is with me here on set.
This is unusual in that Pennsylvania has an age of consent at 16. So the charge is not, you know, illegal sex with a minor at this point for Kevin
Esterly, it is interfering with custody.
CHARLES: And yet, despite that, this is all disturbing. I can`t think of anyone listening to this set of facts, listening to the reporting that you
just show on your screen and wouldn`t be disturbed by the fact that an adult male at the age of 45 years old with four children would take a 16-
year-old which I think we can all agree is still a minor despite the fact - -
BANFIELD: A friend of his daughter.
CHARLES: Right.
BANFIELD: Gross. Thank you.
That`s why I bring it up. It`s excruciatingly disturbing.
CHARLES: It is very disturbing.
BANFIELD: And I`m a little astounded that that would be it. Interference with the custody of a child given the fact that you have now crossed state
lines, you have crossed international borders, you spirited this young woman away yes from her mother but also from her innocence. And PS, a lot
of those sign outs from school were happening prior to her turning 16. So then she would be 15 years old. And there is also word that Kevin was
missing work so often, he lost his job after he had secured himself an apartment. I don`t know whether he bought it or whether he rented it, but
apparently --
And Jaccii Farris, maybe you can chime in here. Again, I know we have a delay, but there is word that he has spent so much time at this apartment
that he lost his job. And I`m wondering if there this is going to be any proof of any connection to the time when Amy Yu was 15 at that apartment.
Do you know if the investigation is going in that direction?
JACCII FARRIS, REPORTER, CNN AFFILIATE WFMZ: I believe that is the direction it will go in. Just by looking at all of the pieces that are --
that are coming to the surface now. He did have that apartment. It was four blocks from Amy Yu`s home. She turned 16 in December and 16 is the
age of consent in Pennsylvania. So I would imagine that if investigators are able to find anything that could lead to charges, anything that any
kind of activity that happened whenever she was 15, I think that they probably will take advantage of that.
BANFIELD: I think the word that keeps coming back to me when covering this story is any respect is gross. Jaccii Farris, thank you for your input. I
appreciate it. Midwin Charles thank you as well. I`m going to ask you to stay. Tonight in California, there is a desperate manhunt for the person
or the people who did this. They threw a boulder from an interstate overpass and the person who was behind the hole in that windshield was a
young dad and his family is absolutely devastated.
(BEGIN VIDEO CLIP)
GUADALUPE GUTIERREZ, WIFE OF THE VICTIM: We`re asking you for your help. Somebody please (INAUDIBLE) please help us. Whoever did this to him, he
didn`t deserve this. My daughter didn`t deserve this.
(COMMERCIAL BREAK)
[19:35:00] BANFIELD: One of them hasn`t even been born yet and yet two kids are without a father tonight because this weekend somebody decided to
take a boulder the size of a volleyball, a rock weigh being 30 pounds at least and launch it right off an overpass on to a busy California freeway.
That boulder landed on a car with an entire family inside. A young pregnant woman behind the wheel driving her mother, husband, and their
little 4-year-old daughter, a daughter who would have to watch the boulder hit her dad right in the chest.
(BEGIN VIDEO CLIP)
LT. CHUCK GELETKO, CALIFORNIA HIGHWAY PATROL: The pictures you see here show the results of that large boulder hitting their vehicle. This was an
intentional act. Even though the person or person who threw the boulder may not have known who was in the vehicle at the time, any prudent person
would know that a boulder that size would seriously harm someone driving on the freeway below.
(END VIDEO CLIP)
BANFIELD: Well, here`s who was on the freeway below. Police say the woman on the left, Guadalupe Gutierrez lost control of the car as she was driving
it. She swerved into other lanes before she even realized what had happened and saw her husband bleeding out in the passenger seat beside her.
So of course, she rerouted to the hospital. That it did not matter how fast she tried to get there, her husband Christopher didn`t make it.
(BEGIN VIDEO CLIP)
GUTIERREZ: Five months ago, me and my husband decided (INAUDIBLE) family. We decided to have a second child and about two weeks ago we found I was
pregnant. He was so excited. My daughter was excited to be a big sister. Now he`s gone. We are asking for your help. If anybody saw anything,
please help us. Whoever did this to him, he didn`t deserve this. My daughter didn`t deserve this.
(END VIDEO CLIP)
BANFIELD: No one can bring Christopher back but the person who did this can be brought to justice. And police are now asking for your help.
Anyone, anyone with information who might have seen something, who might have heard something about this, let them know. The police are not
releasing any photographs of the boulder that was thrown, but it`s for good reason because they got it and they`re inspecting it for DNA to find the
killer. With me now the Editor of PasadenaNow.com James MacPherson. James, it`s just astounding to think that someone could wreak so much havoc
whether it be a young person, whether it be an older person, are they getting -- are they getting anything, any clues, any tips, any information
to lead to who threw that boulder?
[19:40:00] JAMES MACPHERSON, EDITOR, PASADENANOW.COM: We haven`t heard any information yet, no. And you are right, it is astounding. It wasn`t easy
to get that boulder on to the freeway. They actually had to work hard at lifting up from the bottom of the metal fence and push it out over the
freeway. The location that they were at is less than a block away from the beginning of the world-famous Rose Parade.
BANFIELD: So they`re looking at all surveillance video I`m assuming in the area, correct?
MACPHERSON: They are, but we are not guaranteed if in fact there is any. We sent reporters out to that bridge and examined it and we don`t see any
visible cameras.
BANFIELD: I`m told as well they`re scouring homeless encampments, are there a lot in the area?
MACPHERSON: In point of fact, there are and that I think may have been the first thought of many people who lived in this area. There are a lot of
homeless people in that vicinity. It`s quite close to the Arroyo Canyon and that remains a strong possibility.
BANFIELD: So, you know, you heard the police officer saying how difficult you know, this would be and that this was intentional. I want you to see
for yourself how difficult this would be given the way the overpass is actually built, the security measures that are put in place at that
overpass. You see them all the time. Those grated mesh construction pieces that are put up and over so that you can`t just toss anything off,
right? So Dave Lopez was a reporter with our CNN Affiliate KCAL went out there to take a look for himself just how tough it would be to hurl
something 35 pounds up and over that overpass. Have a look.
(BEGIN VIDEO CLIP)
DAVE LOPEZ, REPORTER, KCAL: I`m standing on the Orange Grove overpass overlooking the 134 westbound traffic HOV lane. Whoever toss this 35-pound
boulder could not have pushed the fence forward to squeeze the boulder through. It`s secured and you can`t push any further than this. Whoever
did this had to lift that boulder, and again, CHP says it`s 30 to 35 pounds, lift it up over his head or her head, lift it up, get it on top of
that fence and let it roll down on to the car.
(END VIDEO CLIP)
BANFIELD: I want to bring certified Death Investigator and Professor of Forensic at Jacksonville State University Joseph Scott Morgan. Joseph,
they said that they are keeping the boulder and testing it for DNA. Is there a good chance there will be some kind of trace evidence on that
boulder?
JOSEPH SCOTT MORGAN, PROFESSOR OF FORENSIC, JACKSONVILLE STATE UNIVERSITY: I would say that there is a very good chance. One of the things that we
have to keep in mind is just like your colleague in California mentioned and you as well, this is a very heavy boulder. It took a lot of
manipulation so they would have had to put their hands all over this thing, not to mention other areas of the body. What we`re going to be looking for
in this particular case is going to be something that is referred to as touch DNA and that comes off from all of the skin cells that slough off of
our body. There`s going to be multiple points of contact on this boulder. That`s the upside. The thing that I`m fearful of is the fact that this
thing was pushed over the top and it then flew through the air and then it contacted the windshield that had to pass through this other -- this other
barrier to make it through and then struck this poor gentleman. So touch DNA is very fragile and it could be - that`s why -- that`s why the police
are being so very careful with this. And the fact that they are being very careful as you earlier mentioned gives me an indication that they are on
the trail of touch DNA here.
BANFIELD: Well, let`s just say they get the touch DNA if that fragile DNA still exists after the implosion -- the explosion of the grass and then I`m
assuming the -- just that the human catastrophe that surrounded this well, then it would be a matter of matching it. So it would have to strike
someone else in the database. In a moment I want to talk about catching someone and if they do, exactly what would happen to that someone. Because
we have a couple of examples before us that if they are a good example, someone, someone in that vicinity is in a whole lot of trouble tonight,
someone who`s holding a deep dark secret. That`s next.
(COMMERCIAL BREAK)
[19:45:00] BANFIELD: We`re still talking about the family of three that was supposed to be a family of four. Then someone launched a volleyball-
sized boulder off the overpass just when they were driving below and it landed squarely on Christopher Lopez`s chest. A 23-year-old father sitting
next to his wife who had just found out she was pregnant.
(BEGIN VIDEO CLIP)
GUTIERREZ: About two weeks ago we found I was pregnant. He was so excited. My daughter was excited to be a big sister. Now he`s gone. We
are asking for your help. If anybody saw anything, please help us.
(END VIDEO CLIP)
BANFIELD: Back with me now, Defense Attorney Name Charles. This is just such an unbelievable tragedy. And I get it, sometimes kids will be kids
and they just don`t know the consequences of their foolishness. I don`t know if this was kids. We`ve seen incidents with kids before. How much
does it matter if they`re kids when there`s a dead man?
[19:50:18] MIDWIN CHARLES, DEFENSE ATTORNEY: Well, you started basically this conversation with, I think, with the attitude that the justice system
has always viewed young people as people who are unable to understand the full consequences of their actions, and that`s why the justice system
separates juveniles versus adults, right? Because they recognize that they don`t understand the full consequences of their -- of their actions, and
also we believe as a society that young people shouldn`t be punished forever for mistakes that they made while they were young. That said --
BANFIELD: That said.
CHARLES: That said, oftentimes the justice system will recognizes that if an act committed by a juvenile is depraved if the outcome is so
devastating, so bad, that oftentimes the courts will charge that juvenile as an adult. It`s often done on a case-by-case basis. Oftentimes the
judge will make that determination.
BANFIELD: Well, you know, like the cop said, this was so incredibly intentional. It took a lot of work to get that 30 to 35-pound boulder up
and over that protective barrier, that protective fence, so they knew what they were doing. They had to know. There`s a fence there for a reason.
They had to know that could create calamity and it`s happened before. You know, we`ve seen five teenagers in Detroit, threw a rock over -- well,
allegedly threw a rock over an overpass and it killed Kenneth White and they were charged with second-degree murder, five of them, teenagers.
Probably having a whole lot of fun, no idea that that could result in the loss of a family member for someone. They`re facing second-degree murder
as adults and they`re teenagers. Back in 2015 Sharon Budd was severely injured when her husband was Randy was driving and yet again, five young
people 18, 18, and I think there was one juvenile among them tossed a boulder over and effectively destroyed that woman`s life. They damaged her
skull. She lost an eye. The damage to Sharon Budd was so bad, look at her. This is how she was left. Her husband Randy was so devastated by all
of it, he ultimately took his own life. So that`s what happened when someone dropped a boulder on to her car. Those 18-year-olds got up to 20
years for dropping that silly boulder and the juvenile I think got 11.5 months. So more and more I`m seeing that these are the kinds of
consequences. We`ve got precedent here in other state.
CHARLES: Well, I think in those cases, what the prosecutors as are trying to do as well as the judge that sentences these individuals is send a
message. These people may be young. You may be out having fun and having a good time, but now you need to understand that there are going to be
serious ramifications if you decide that you`re going to take a boulder or a rock and throw it over and overpass. Not only can you harm an
individual, in a car, but you can cause that car to be out of control and cause an even larger accident.
BANFIELD: I just look -- I look at that picture and it`s sickening.
CHARLES: It`s horrific. It`s a miracle that only one person was harmed. To be quite honest, there were other people in that car and we know --
BANFIELD: A child was in the back, you know.
CHARLES: And we know the wife was pregnant as well.
BANFIELD: Yes, and just imagine that four-year-old now growing up with this memory. God, I hope that little girl doesn`t remember that the way --
thank you for that, Midwin. My thanks to James Macpherson and Joseph Scott Morgan as well. You know, we just love it when the bad guys make it so
easy for the good guys to do their job like the men in Seattle who decided they wanted to steal a couple computers from Costco.
(BEGIN VIDEO CLIP)
UNIDENTIFIED MALE: Come on. It`s coming this way.
UNIDENTIFIED MALE: Wow. That worked out great. Where to?
(END VIDEO CLIP)
BANFIELD: Darn. Why were those police officers out there -- I didn`t expect that. That`s one more thing. Coming up next.
(COMMERCIAL BREAK)
[19:55:00] BANFIELD: I got one more thing for you tonight. Seattle Police just showed us all how easy it can be to catch a thief or two.
(BEGIN VIDEO CLIP)
UNIDENTIFIED MALE: -- as you get out -- you hear them trying to kick that door open from the inside so guys all standing there waiting.
UNIDENTIFIED MALE: Come on, baby. It`s coming this way, right here.
UNIDENTIFIED MALE: Hey, man!
UNIDENTIFIED MALE: Wow. That worked out great.
UNIDENTIFIED MALE: Where to?
(END VIDEO CLIP)
BANFIELD: That is -- that is not your average Costco run. I will say that. The police say the suspects had actually pulled this stunt before,
loading up with stolen goods and then escaping through the fire exit through the waiting getaway car which was there that time too. This time
they`ve reportedly had more than $2,000 worth of merchandise on them, computers, etcetera and they were booked on theft and robbery charges, and
probably had their Costco cars taken away, I guess. Thanks for watching everybody, I`m Ashleigh Banfield, I`ll see you right back here tomorrow
night 6:00 Eastern for CRIME AND JUSTICE. "UNMASKING A KILLER" starts right now.
END
