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Crime and Justice With Ashleigh Banfield

Cops Fatally Shoot Woman In Car; Missing Teen Girl Found With Married Man. Aired 6-8p ET

Aired March 26, 2018 - 18:00   ET

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.


[18:00:03] ASHLEIGH BANFIELD, HOST, HLN CRIME AND JUSTICE: Good evening everyone. I`m Ashleigh Banfield, welcome to "Crime and Justice." We may

never know why this Cynthia Clements was stopped on the side of the road. Her car missing two tires, a white substance covering her hands and in

those hands, two knives. We may never find out why she refused to get out of that car while surrounded by the police and it might always remain a

mystery as to why she lit the inside of the car on fire while still sitting in it. But one thing we do know, is what the whole incident looked like

and sounded like before she was shot dead.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: Cynthia this is the Elgin Police Department, you are under arrest. Turn your car off and step out of the vehicle.

Lighting a cigarette? What does the knife look like?

UNIDENTIFIED MALE: It`s a steak knife.

UNIDENTIFIED MALE: Just a steak knife?

UNIDENTIFIED MALE: Yes.

UNIDENTIFIED MALE: Nothing else?

UNIDENTIFIED MALE: I saw drug paraphernalia. I saw a lot of paraphernalia.

UNIDENTIFIED MALE: She did some white powdery stuff that`s on her left hand that she probably, I`m assuming crack -- she`s trying to hide.

UNIDENTIFIED MALE: She`s actually stuffing the crack pipe when I went up to her the second time.

UNIDENTIFIED MALE: if she comes out with the knife in her hand coming towards us with the knife. We`` try to get her to stop.

UNIDENTIFIED MALE: So, if she does exit out if the vehicle, I`m sure you guys have already gone over this, we`ll try to order her back.

We are not going to have her cross this and try to order her, order her on the ground. If she does not end up brandishing the knife, we`ll go to for

the 40, OK? And if it ends up being closer, if she`s coming towards us, we`re gonna try, probably gonna tase her then.

Standby.

Open up the door. Keep your hands up.

UNIDENTIFIED MALE: She`s got the knife to her neck!

UNIDENTIFIED MALE: Is she stabbing herself?

UNIDENTIFIED MALE: All right. We`re going to extract her here. Stand by.

UNIDENTIFIED MALE: Hey, hold back. Hold back.

UNIDENTIFIED MALE: I`m holding back, I`m holding back. I will get back over if she jumps out with the knife.

UNIDENTIFIED MALE: Better get the window down.

UNIDENTIFIED MALE: Yes.

UNIDENTIFIED MALE: Stand by. Stand by.

UNIDENTIFIED MALE: Step out of the car! Cynthia, step out of the car.

UNIDENTIFIED MALE: Get her out.

Get the taser ready.

UNIDENTIFIED MALE: Chill.

UNIDENTIFIED MALE: Get the taser set. Get her out.

UNIDENTIFIED MALE: Whoa, whoa.

UNIDENTIFIED MALE: Let me see your hands! Hands! Hands!

UNIDENTIFIED MALE: Cynthia, get out of the car! Hands! Get out of the car! Put the knife down! Put the knife down!

(END VIDEO CLIP)

BANFIELD: To Cynthia`s family said there was no reason to open fire on her, they say police should have known that she was emotionally disturbed.

But the officers of Elgin Illinois say, they hope that the video itself validates their actions.

(BEGIN VIDEO CLIP)

CHIEF JEFF SWOBODA, ELGIN POLICE DEPARTMENT: I understand that this community is hurting and they need answers. And also recognizing that the

only state police is trying to conduct an independent investigation. You know, by design when the statute was passed about the department not

investigating itself for use of deadly force, like this. This is exactly what was in mind that I don`t know where the investigation is at.

They talked to Elgin police officers and I wasn`t there and I don`t have the reports of what the officer said. So, I`d asked is that people

understand that while we are trying to answer the questions as best we can, we are doing it in a manner that is still again, trying to do walk that --

walk that line between making sure the family has answers that they cash get, the community has answers that they need, but the state police can

still conduct an independent investigation.

(END VIDEO CLIP)

BANFIELD: We want to bring in former police officer, Brandon Tatum. Brandon, what`s your reaction to the story?

BRANDON TATUM, FORMER POLICE OFFICER: Well, I`m terribly frustrated at the response from the community. I think that this is a clear case of suicide

by cop. Very unfortunate, I hate to see the lady lose her life, but we have to look it like this, there are two sets of victims in this situation.

This lady is high and derange and she ended up losing her life, because of her actions, but the police officer who was forced to shoot her is now have

to live with that for the rest of his life.

[18:05:07] The real person -- the real person that we should be looking for that should be brought to justice is the crack dealer who sold her the

crack and now she is whacked out of her mind and she`s putting the position where she`s delusional, hallucinating and trying to commit suicide.

And I wish that the community will focus more so on the people who are selling drugs in our community and destroying individual lives, creating

situations like this, instead of trying to come after a police department that essentially did everything text book. I couldn`t ask for a better,

you know, preparation by a police department.

BANFIELD: They have got -- there`s an investigation going regardless of what you say could have, should have, would have. Who should have been

targeted by this and the drug dealer who`s sold drugs? We don`t even know yet, if the investigation has yielded and what that white powder was on her

hand, whether that was indeed a crack pipe that was referenced by the police officer. But she certainly was having a lot of trouble dealing with

the situation at hand. I want to just go moment by moment if I can with you Brandon?

TATUM: Sure.

BANFIELD: First, because the investigation will, as well. They will look at this piece by piece by piece. The first thing they did was, they tried

to at least stop her from driving away on those two tires. Let`s have a look at that moment.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: We are not letting her back up to get stopped. She`ll get stopped to death. We are not going to let her go the wrong way on I-

90.

UNIDENTIFIED MALE: So, if she does exit the vehicle, I`m sure you guys have already gone over this, we`ll try to order her back. We are not going

to have her cross this and try to order her, order her on the ground. If she does not end up brandishing the knife, we`ll go to for the 40, OK? And

if it ends up being closer, if she`s coming towards us, we`re gonna try, probably gonna tase her then.

(END VIDEO CLIP)

BANFIELD: That`s a little hard to see it there, but effectively they boxed her end. She tried to scrap her way along that center wall and she can`t

get that far, because they box her in. Is that text book?

TATUM: Yes, I believe this textbook, I mean, they have to preserve her life, they have to preserve the life of the officer and the life of people

in the public. I mean, this lady is clearly derange, they don`t know what she`s going to do, she has a knife, she can kill herself or she can run

out, you know, on to the Freeway. And you have to chase her down in the bushes, I think it is text book. They had a hostage negotiator there, they

were reasoning with her and everything that they could, over an hour of attempting to get her out of the car and as only so much that you can do as

a law enforcement agency before you have to take action. And I think this would have turned out differently, if she had not set the car on fire which

necessitated them to try to rescue her and put them in close proximity to her.

BANFIELD: That -- you sort of hit the nail on the head with that one -- that upped the ante. Like nothing, you know, like no other incident could.

The fact that she was going to burn alive in that car. I want to get to that in a moment. First, I want to go right to the next thing and that was

that they spotted her holding the knife to her neck and in that car and in that regard that is why the suicide by cop notion comes up. They were very

concerned that she was suicidal by holding a knife to her neck and they didn`t want to be the ones to have to end her life and they referenced that

when they were talking about trying to stop her. So, have a look at this.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: We are just going to talk with her. See if we can get her out. We`ll try to get her back 30 feet or so and try to get her to

come down before we approach. If she comes out with the knife in her hand coming towards us with the knife. We will try to get her to stop.

UNIDENTIFIED MALE: Yes, we`ll try to get her stop. End with a barrier, which is great.

UNIDENTIFIED MALE: Remember if she`s got the knife to herself, she`s taking herself hostage -- then she want to hurt herself.

(END VIDEO CLIP)

BANFIELD: So, Brandon, that was the -- that was the incident where they talk about, we`re not going to this, we`re not going to end it for her. If

she has the knife out, it`s not going to cause us to do, you know, what she is expecting us perhaps to do. That is suicide by cop. And yet it`s kind

of what happened if in fact she was suicidal. But you hit it with the smoke in the car. I want to go back to that moment and show it. When she

lit two things and threw them in the back and eventually the car became, you know, engulfed in smoke and then flames. Have a look.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: Stand by.

UNIDENTIFIED MALE: Standby.

UNIDENTIFIED MALE: Open up the door. Keep your hands up.

(END VIDEO CLIP)

BANFIELD: Brandon, that is the escalation, isn`t it? That`s why this -- it just took it up a notch.

TATUM: Yes. They may had the tactical plan. I think it was beautifully - - I mean, they had it all set up. They had time to talk about it and communicate with the Sergeants and officers.

[18:10:02] They were going to be on the other side of the barrier. If she came out with a knife they would had no reason to shoot her, if they were

on the other side of the barriers. But, because she was literally burning alive in her car, just about, could die from smoke inhalation. They had to

do something, they had to move and to try to rescue her and to be honest, we really don`t know, but I think that is when she couldn`t build up

enough, I guess muster to suffocate herself. She tried to put a knife to her head and she couldn`t do it and I think that is when she exited the

vehicle and ran at the police officers with a knife in the hands that they could kill her.

BANFIELD: It`s amazing looking at the pictures, honestly, -- it`s amazing looking at the pictures that she could have withstood that much smoke in

the car and that she wasn`t unconscious from the smoke inside the car. I see it billowing out, but for the most part, it`s in the cabin of that

vehicle. This is the moment in question. I want to be very specific as to the moment that she -- to be sensitive to the notion that we are not going

to show a live shooting which makes it difficult to litigate on television, because those last moments are critical, but this is the moment that led to

the shooting.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: Cynthia, step out of the car.

UNIDENTIFIED MALE: Get her out.

Get the taser ready.

UNIDENTIFIED MALE: Chill.

UNIDENTIFIED MALE: Get the taser set. Get her out.

UNIDENTIFIED MALE: Whoa, whoa.

UNIDENTIFIED MALE: Let me see your hands! Hands! Hands!

UNIDENTIFIED MALE: Cynthia, get out of the car! Hands! Get out of the car! Put the knife down! Put the knife down!

(END VIDEO CLIP)

BANFIELD: Again, very difficult to see amidst the smoke and the position of Cynthia`s body and where the knife is and of course the distance between

those police officers and to Cynthia. It could be five feet, could be 10 feet, or could be three for all we know.

I want to bring in Antonio Romanucci, he is the attorney for the Cynthia Clements family and he`s live with me from Chicago. Antonio, my thought is

that you feel diametrically opposed from what Brandon Tatum had to say just prior to you coming on.

ANTONIO ROMANUCCI, CLEMENTS FAMILY ATTORNEY: There is no question. I see it completely a different way.

BANFIELD: Why?

ROMANUCCI: I mean, well, first of all you heard the police were planning a tactical plan that she is going to have to come out of the car. So, they

were expecting her to come out of the car with a knife in her hand. And they knew that, that knife could be in the position where it could pointed

to them. They were aware of that.

When you look at the tape, she wasn`t -- she didn`t have two feet on the ground and she was shot one foot from the car. So that is why I say it was

predetermined that she was going to be shot, because they asked her to come out of the car and she did do that. Once, she came out gasping. Two feet

went on the ground when she was shot.

BANFIELD: So, let me ask you this. I would never profess to know, what it`s like to be in the position of the police officer who is dealing with

someone who is so deranged that she has a knife to her neck and she is literally burning alive in a car. I could never imagine for a moment

Antonio, what someone like that would be capable of doing. And does that not inform these officers that they don`t have your average suspect in

front of them? They`ve got somebody far more troubled. Far more difficult, far more dangerous and maybe far more deadly. And that is a

different metric. No?

ROMANUCCI: Well, it is a different metric and what the police knew is that she was defined as an emotionally disturbed person. An emotionally

disturbed person could have an event that lasts 30 seconds or 30 minutes or three days. And they were aware of that, so that`s what they were planning

for it.

They were aware she was going to come out of the car. Where was the crisis intervention team that should have been there in order to preserve life?

The sanctity of life is what`s important here. And they were planning to preserve her life until she is placed one foot out of the car and she was

shot. It was excessive, it was too quick and the police officers were in a position where they were too close to her when she came out of the car.

BANFIELD: So, Antonio, I respect -- I respect that opinion, but I do have to take on bridge with something, because we got a comment from the chief

who told us in no uncertain terms, there was a trained crisis negotiator on the scene. That trained crisis negotiator was on the speaker trying to

negotiate with her. He was trying to execute several phone numbers associated with this person, just simply not true that there was not a

trained crisis negotiator. And then on top of that, several other members of those -- that force that surrounded her were also certified in crisis

intervention. So that changes things, doesn`t it?

ROMANUCCI: If that indeed is true, then I take back about the crisis intervention, but we don`t know that for certain. The point is that they

knew she was going to come out of the car. And if crisis intervention was there and indeed treating this as a medical situation and not a militarized

police operation, she should not have been shot.

[18:15:12] She should have been allowed to come out of the car, because she was gasping -- clearly gasping for air. And they don`t know she was

running at them with a knife. She had a knife in her hand, but clearly this police officers have shield and they have the ability to take her down

and preserve life which is their mission operation number one.

BANFIELD: And Brandon, I want to bring you in on this as well, because that`s the difference here, was this a medical operation for a troubled --

a deeply troubled woman or was the policing operation, keeping in mind and I am so sorry to our viewers that because of the ethics involved here, I

simply can`t show a woman being shot to death on the air, but those critical moments tell you where she was at the moment the shots were fired.

What position she was in. Where those knives were pointed. So, we are sort of having to speak blindly for the purpose of ethics, but so ahead,

Brandon.

TATUM: Well, I think this attorney is going to have a real hard time in court. I mean, the escalation of force, I mean, they were completely

prepared, they called up the taser, they had CIT trained officers who negotiated with her for hours. This is one thing that I think, maybe if

you are not a police officer and you never experienced this, you don`t understand this. This stuff can turn out and be activated very quickly.

When someone exits a vehicle with knives in their hands and they`re running at police officers who are now in close proximity, because they are trying

to save her life, they have to balance the difference between possibly being stabbed to death and saving a woman from a burning car. So, I think

that --

BANFIELD: I have to leave it there. I have to leave it there only for the sake of television time and my apology for that and I will only say this.

I have seen more of the video. Not all of the video. It didn`t appear that she was running at the police, but it sure didn`t appear that she was

just rolling out of a car either. So I agree with both of you. There were certainly a conversation to be had here and its being had, this

investigation continues. Gentlemen, I want to thank you both for your perspective tonight. Thanks for coming on.

TATUM: Thank you, Ashleigh.

ROMANUCCI: Thank you.

BANFIELD: Tonight, you remember the name Kevin Esterly, the guy who was caught in Mexico with the teenager? So, his wife, you might see long

suffering, has broken her silence. And she is talking about this fella. Yes, not just her husband, but the father of her four kids. His secret

apartment and her family`s relationship with the 16-year-old that he took off to Mexico with and a whole lot more.

And also you can listen to our show any time now, download our podcasts on Apple Podcast, IHeartRadio, Stitcher, TuneIn or wherever you get your

podcasts for your "Crime and Justice" fix.

[18:20:00] (COMMERCIAL BREAK)

BANFIELD: Good parents care for their kids and sometimes friends of their kids as well. But the buck often stops at bringing those friends along on

the family vacation, right? The buck definitely stops if the kid`s friend is invited on family vacation and only the dad is going on the vacation.

That would be creepy, right? That is why Kevin Esterly is in a lot of trouble tonight with the law and maybe even more importantly, with his

wife, because she is steaming mad that she was found in Mexico with a 16- year-old girl and not just any girl, a close friend of one of their four daughters. And if you are wondering how mad she is, mad enough to go on

"Good Morning America" and air his dirty laundry.

(BEGIN VIDEO CLIP)

STACEY ESTERLY, WIFE OF SUSPECT: I was worried. You know, my children would cry every night asking when daddy is coming home. It was very heart

breaking, you know, to have to see your children go through something like this. I never thought in a million years we would ever be in this

situation, let alone my children.

(END VIDEO CLIP)

BANFIELD: The something like this that she is talking about is that her husband was spotted cuddling reportedly, possibly, with that 16-year-old,

Amy Yu on a one-way flight to Cancun before the authorities tracked them down. And now he is facing felony charges of interfering with her custody.

And his wife has another custody case in the works as well. With Stacey Esterly filing now for divorce and aiming to keep Kevin from seeing his

kids, especially after learning that he spent weeks pretending to be another girl`s stepdad. Even renting an apartment around the corner from

Amy Yu`s house.

(BEGIN VIDEO CLIP)

ESTERLY: Those times that he was, you know, signing her out of school early. While, me and my children, you know, were waiting for him at home.

Where was he and Amy? And what were they doing?

(END VIDEO CLIP)

BANFIELD: What were they doing indeed? A good question for Jaccii Ferris, reporter for CNN affiliate WFMZ. What were they doing, Jaccii?

JACCII FARRIS, REPORTER, CNN AFFILIATE WFMZ: Well, it has been speculated that a secret relationship had begun many months going back and Stacey

said, she started to notice things that weren`t exactly what you would call fatherly.

[18:25:10] And when she brought them to the attention of Kevin Esterly, he, you know, blew it off and everything and ultimately, Stacey said she had to

make a decision for her family. You know, they were at home, Stacey and their four girls, ages, you know, from 2 years old up to 14. They were at

home waiting for Kevin a lot of the times whenever he was with Amy Yu and they would wonder where he was and finally Stacey said she put her foot

down and she talked to Amy Yu`s mother and talked to Kevin and everyone was in agreement that they would no longer see each other, but that certainly

did not turn out to be the case.

BANFIELD: Well, that was -- that was after this relationship may have had quite an opportunity to blossom, because as we have learned, they were

spending so much time together as a family which is weird. Amy Yu was often with Esterly`s family. You know, the oldest is 14-year-old was here,

some say was her closest, dearest best friend and others say great friend. And they often went on family vacations together. Amy would join the

Esterly`s on their vacation. Have a listen to what Stacey told GMA.

(BEGIN VIDEO CLIP)

ESTERLY: We took Amy, on a lot of family vacations, a lot of family outings. First time for skiing, first time to the beach. Like I said, we

took her in and treated her as part of our family.

(END VIDEO CLIP)

BANFIELD: Well, now in retrospect, I`m sure that Mrs. Esterly doesn`t think that was such a good idea, because she has since discovered at least

since December, found out in December that Kevin Esterly had rented an apartment just four blocks from Amy`s house. Here`s what she said about

that to GMA.

(BEGIN VIDEO CLIP)

ESTERLY: In December, I had found out that he had rented an apartment, four blocks away from Amy`s house. That was devastating to me and my

children as well.

(END VIDEO CLIP)

BANFIELD: Jaccii, my guess is that -- that apartment is now empty. At least, Kevin is not spending any time there, he was extradited not just

from Mexico to Florida, but then from Florida to Pennsylvania. What`s his status now?

FARRIS: Well, he is now at the Lehigh County Correctional Facility, where he is on $500,000 bail. But, I can tell you, Stacey is not going to bail

him out any time soon. An attorney that represents Stacey said, that Kevin has actually been calling Stacey from jail. And Stacey is done, she is not

taking his calls. She is not talking to him, you know who she is talking to? She is talking to a divorce attorney, because she wants to end this

marriage, focus on her girls, and move on, because she said after what Kevin has done to her, enough is enough. And she`s gonna just basically

make sure her girls are OK. And of all the girls, the oldest, the 14-year- old, the one that is the friend of Amy Yu, Stacey said her daughter is feeling betrayed and she is really having a tough time with the feelings

that have come out from all of this.

BANFIELD: Can you just -- I mean, think it through for a minute, can you imagine, a, what it`s like for long suffering Stacey Esterly now finding

out that all these weird moments and the time away from her daughters, her four daughters and her and the oddness of how Stacey or of how -- her

husband was acting around Amy Yu only to find out there is the apartment and they have run off together potentially and now this is the case.

The interference with custody. Here`s what John Waldron said, this is Stacey`s attorney. Horrifying is the least of it, right? John Waldron,

Stacey`s attorney said, that Stacey was really starting to notice that this was no longer a young girl who is coming along on the family vacations and

-- no longer a young girl who was best friends with her oldest daughter. There was something odd going on. Here`s how John put it.

(BEGIN VIDEO CLIP)

JOHN WALDRON, ATTORNEY FOR STACEY ESTERLY, WIFE OF SUSPECT: That it was clear, because of the way they would behave with each other. It was clear

in a woman`s, you know, intuition.

(END VIDEO CLIP)

BANFIELD: I want to bring in if I can, Defense Attorney Kenya Johnson, she is live now with me from Atlanta. Kenya, it`s such a weird story, there is

an odd developments as well, that when Amy was brought back from Mexico and repatriated in Pennsylvania, she didn`t go home. She went to a place --

well, first to the hospital and then after the hospital, she went to Kid`s Peace Family Center. Which is a place for at risk kids, kids with

disabilities, it`s a place that offers psychiatric help, residential programs and she is apparently still there. Her mother had just told us

and this is breaking news, that Amy is still there and Amy is angry. Amy does not want to see her mother or her family or quote, talk to us, which I

can only imagine what it means to her brother, John, 14-year-old brother John who spoken to us before, and her mother.

What are their rights? I mean this is a 16-year-old girl. They have custody of this 16-year-old girl. She is a child. What are the family`s rights at

this point, Kenya, in seeing and talking to their 16-year-old girl?

KENYA JOHNSON, DEFENSE ATTORNEY: Well, there are two standards. There is a legal standard for the age of sexual consent which is age 16, but then

there is also the public standard of emotional maturity.

And so even though the young lady does not want to go back home, she may be under duress, she may be brainwashed by this older, more mature man that

she may look at him as a father figure, feel very comfortable with him.

So even if she willingly participated in the activities and legally traveled with him, the parents still have rights because she is a minor and

you can`t interfere with the custody of a minor. You can`t transport a minor across state lines.

BANFIELD: That may be the least of his worries, Kenya. Honestly, this wife has just told GMA that she found out about the apartment that Kevin had.

She found out about it in December. Amy`s birthday where she turned 15 was December 9th.

So, if this apartment existed before December 9th and if it was being used for anything sexual with Amy, now what charges is Kevin Esterly facing on

top of interference with the custody of a child?

JOHNSON: If he had sex with this young lady before she turned 16, he is looking at statutory rape which is a felony charge. He is also looking at a

battery which is an offense of touching. She could have been under duress, kidnapping, false imprisonment.

The key question is going to be how much did she participate willingly in this activity and then her parents will come around and say even though she

participated willingly, she was under some sort of undue influence.

BANFIELD: I wish -- I wish I could see the evidence gathering in that apartment. What they are looking for in that apartment and whether certain

DNA to be disgusting in that apartment might actually show that there was a statutory rape because honestly, you got nine days in December where is

illegal and the rest of December where she is legal by the statute. So, story continues.

My thanks to Jacky Farris (ph) and also Kenya Johnson. I`m going to ask you to stick around.

A teenage murder suspect in Colorado may offer a shocking defense for his actions, saying that it was his acne medication that caused him perhaps to

be involved in a murder. The father of the victim? Not having any of it. That`s next.

[18:35:00] (COMMERCIAL BREAK)

BANFIELD: It is straight out of a cold-blooded crime novel. A beautiful young woman stumbling down a set of stairs covered in blood and then

collapsing on her neighbor`s front porch. She had been stabbed to death inside her own apartment.

(BEGIN VIDEO CLIP)

MICHAEL BROWN, NEIGHBOR: You heard a thud, thud, thud. I opened up my living room door and I looked out here and I saw a girl laying right here

on the floor. She was not responding. I yelled out, are you OK? And I screamed for help.

A man with a motorcycle jacket and motorcycle helmet, gloves and a knife in his hands was coming down the stairs and he saw me. I backed up from her.

And when he saw me backing up, I ran farther because he started coming after me.

(END VIDEO CLIP)

BANFIELD: The thing about that man in the motorcycle jacket with the knife in his hand, well, police say he was no man. He was a boy. Fifteen years

old. A teenager. Reportedly a teenager taking acne medication. And that medication may have messed with his head if you ask his defense attorneys.

But police say he mentioned a possible stabbing a full month earlier to Makayla`s little sister on Snapchat while asking for the name of her

friend. When the officers searched Aiden von Grabow`s home, they may have found out why he was asking.

They say that 15-year-old had a notebook with a death list and on that death list was the name of Makayla`s sifter and added, whoever is home.

With a note as well, quoting, torture until she begs for mercy.

(BEGIN VIDEO CLIP)

DEBBIE GROTE, GRANDMOTHER OF MAKAYLA GROTE: It`s hard.

UNIDENTIFIED MALE (voice over): (INAUDIBLE).

GROTE: Makayla was (INAUDIBLE). She was. I just want justice for Makayla.

BANFIELD (voice over): Now Makayla`s suspected killer, the teen, is charged with first-degree murder but he is also charged with attempt to

commit murder because there were a whole lot more names on that death list.

[18:40:08] And when police arrested Aiden, he was just one house away from another name on that list.

(END VIDEO CLIP)

BANFIELD: With me now, Crime and Justice producer, Kyle Peltz. Kyle, it`s significant to know the timeline of what happened before Aiden was

arrested. The day before Makayla was stabbed to death in her home, what was happening over at Aiden`s home?

KYLE PELTZ, CRIME AND JUSTICE PRODUCER (via telephone): Right. So we know Makayla was stabbed to death on a Saturday evening, Saturday, November 18th

of last year. Now we know on Friday, just the day before, November 17th, police were called to Aiden`s home on a report that he had been menacing

his mother.

And basically what happened according to police is that some knives that had been delivered to their house while Aiden`s mom was away on a business

trip, she went to confront him about those knives when she came home and that`s when he allegedly started to come at her with a knife, apparently a

large hunting knife before fleeing the scene in her car.

BANFIELD: OK. So now he is on the run. He is apparently considered a runaway at this point as opposed to someone they should be tracking, given

the fact that he has got all these knives, he has menaced his mother, and they consider him a runaway. She searched his room sometime around this

whole episode. What did she find?

PELTZ (via telephone): Yes, that`s right. Aiden`s mom was searching his room that night as well. And what she told police she found is pretty

disturbing. According to court document, she discovered mason jars, little jars filled with a somewhat clear liquid.

Now those jars had a rag hanging from the top of it. It looked like a Molotov cocktail kind of device. And she also found lighter fluid, a

container of lighter fluid in his room as well. And that`s not it. Also a machete and a wooden chopstick that has been wrapped in foil which police

say looked like it could have been a possible torch.

BANFIELD: So now let`s just go with the timeline. He`s now on the run and before we go to that supply list, that`s a whole other part of it. He`s on

the run, he has menaced his mother with a knife and there is a box of knives that has been delivered. She has found all of these other dangerous

things in his room. And 6:00 the next night is the time that Makayla is stabbed to death.

It`s important to note because it gets a little confusing. Makayla has a younger sister who had been in communication with Aiden, who knew Aiden.

And Makayla`s younger sister is the person who is actually on this death list. The death list was not discovered by his mother, was it?

PELTZ (via telephone): No. The death list was not discovered by his mother. The death list was actually discovered by cops.

BANFIELD: OK. So let`s go to what Aiden`s situation was. He was recently home schooled. Was there some issue? Do we know why he was recently home

schooled as opposed to going off to school with the rest of the teenagers?

PELTZ (via telephone): Right. So according to court document, he actually had been taken out of school recently for some problems he had been having

with some classmates.

BANFIELD: OK. Now let`s go to some of the things that were discovered when they arrested Aiden. It was what, just a couple of hours after the murder,

they found Aiden, correct?

PELTZ (via telephone): Yes. Only took a few hours to find Aiden and place him under arrest after that murder.

BANFIELD: And they found the death list. They found the torture until she begs for mercy. Make her fight. They found a drawing of a person hanging by

a noose. They saw Makayla`s sister`s name with a slash beside it, and whoever is home. More names. And then they found a supply list. Let me put

that supply list up now.

This is where it comes into play. This is what the police found. You should know that this spelling is all his. This is not our spelling. Molotov,

knives, dark clothing, boots, face mask, goggles, duct tapes, lots of it, head lamp, flashlight, hatchet, if I can find one, bleach, gloves, black,

and map.

They never found the hatchet though, did they? They found everything else on this list in the search but nothing that resembles to hatchet, right?

PELTZ (via telephone): That`s exactly right. They found everything on the list. They say it was either with Aiden himself, in his home somewhere, in

his mom`s car. They found everything but the hatchet.

BANFIELD: I want to bring in Makayla`s father, Troy Grote. And Troy, I want to just tell you how sorry we are for your loss. Your daughter,

Makayla, we have seen the pictures of her. She is just simply beautiful. She just looks so full of like. Twenty years old.

Do you think that Makayla`s younger sister, your other daughter, and for the purposes of keeping her safety, we will just call here Jane. It is not

her real name but let`s just call your other daughter Jane. Do you think that Makayla was not the target, the alleged target of Aiden but that Jane

perhaps was?

[18:45:00] TROY GROTE, MAKAYLA GROTE`S FATHER (via telephone): Right. Makayla was not the target. He was actually after Jane. And he --

personally Makayla answered the door and got attacked.

BANFIELD: Do you -- does Jane -- is she able to tell you anything about what Aiden is like? What does she know about him? What kind of a

relationship did she have with him? How did she describe Aiden?

GROTE (via telephone): Jane was friends with him on the cross-country team at school and they hung out at school and she said he was a great kid. He

seemed OK. And then he started acting weird towards the end of summer and then they kind of quit talking.

BANFIELD: So he was a great kid up in until the end of summer and then started acting weird?

GROTE (via telephone): Yes. He started just getting really strange and she started kind of backing away from him and didn`t talk to him as much. He

ran away from home several times. It was just really strange, she said. Strange behavior.

BANFIELD: I want to read this Snapchat back and forth between Jane, your daughter, not her real name, and Aiden who is now on -- he is gong to be

facing trial for first-degree murder, criminal attempt to commit first- degree murder, three counts as well as menacing and stalking.

And just as background for the Snapchat, the allegation goes that Aiden was hammering away at your daughter, Jane, for a name of her friend and Jane

did not want to give it up. She was feeling very uncomfortable about it. But this is how the Snapchat went.

Allegedly, Aiden says, it`s not pretty for people on the list. The rules are one, pick a target. Two, get info on the target. Three, eliminate the

target. Also if you tell anyone, I`ll make sure you`re next on the list.

And then presumably girl is Jane, your daughter, just tell me what could happen to my friend, she hasn`t done anything wrong. And allegedly Aiden

says, 13 inch steel hunting knife, that`s just the start.

And Aiden goes on to say, what would you do to keep your friend alive? I know that you know. And then allegedly Jane answers, anything. Aiden,

really? Jane, yes. I`m done playing this stupid game with you. Allegedly Aiden says, sadly it`s not a game.

What does Jane tell you about the nature of these text messages beyond this?

GROTE (via telephone): She really never told us. She never really told me anything about the text messages I was not living in Arizona at the time

this all happened. So I know my wife was the one that saw the text messages, but I was kind of out of the loop on those. I really didn`t hear

about the text messages until we were at the transfer hearing.

BANFIELD: But Jane ended up on the list, didn`t she, for not giving up the name of her friend. Jane`s name ended up on this death list.

GROTE (via telephone): Yes. She ended up on the list for not revealing the information and also for telling mom and telling my wife and they are

calling the police. And with Jane calling the police and the police coming, that put her on the list.

BANFIELD: It`s incredible that they had warnings about him before as well where he had talked about potentially killing cops or at least smirked at

the idea of it. You know, so many warning signs and who knows if this will prevail, this medication, acne medication defense.

Troy, thank you for joining us and telling us about this. We are going to watch this case along with you. My great thanks to you for summoning the

courage and also our thoughts go out to you in the loss of Makayla.

GROTE (via telephone): Thank you very much. She was definitely someone special. We miss her dearly.

BANFIELD: Beautiful, beautiful girl. Just looking at her picture. Just a stunning young girl whose life was just cut short far too soon. We are

going to watch that case.

We are also looking at a terrifying crash that was caught on dash cam. An out of control 18-wheelr hurtling towards a school bus. Packed with special

needs kids. That story coming up right after the break.

[18:50:00] (COMMERCIAL BREAK)

BANFIELD: It`s a miracle no one was hurt when a tractor-trailer slammed into a bus full of special needs students from South Carolina.

(BEGIN VIDEO CLIP)

TAMMY CUMMINGS, BUS DRIVER: I was driving and I was going to go into a curve. I`ve seen this big truck coming towards me. And I just watched the

bed of that truck come towards me and I held up my arms to cover my face because I knew that bed was going to hit us and I am sure the glass was

going to hit me in the face. So it hit me but when it hit, it hit the right side of my bus, but it bounds back up on its wheels.

A truck just ran up the road and hit me. Everybody on my bus is OK, but we need an ambulance and a firetruck. The power lines are down. We cannot

move.

Let`s play a game. OK? Come on. Hey, look at your phone. What kind of game you got on your phone?

(END VIDEO CLIP)

[18:55:00] BANFIELD: Tammy Cummings, hero. We`ll be right back.

[19:00:00] (COMMERCIAL BREAK)

(BEGIN VIDEOTAPE)

UNIDENTIFIED FEMALE (voice over): A stunning young actress goes missing in the middle of the day.

UNIDENTIFIED MALE: She was at a local coffee shop.

UNIDENTIFIED FEMALE: This is not her. This is not her.

UNIDENTIFIED MALE: But her boyfriend disappeared, too.

UNIDENTIFIED FEMALE: They helping you guys?

UNIDENTIFIED FEMALE: At least until the high speed chase that ended with a suicide. Did this young man hold the answers to what happened to Adea?

UNIDENTIFIED MALE: We don`t have evidence that she wanted to harm herself. That`s why we are out here searching for her.

UNIDENTIFIED FEMALE: And what was found in the truck that made police suggest homicide.

Her husband went to Mexico without her.

UNIDENTIFIED FEMALE: My children would cry every night asking when daddy is coming home.

UNIDENTIFIED FEMALE: But his travel pal wasn`t legal.

UNIDENTIFIED MALE: She 16 years old. Kevin is the adult. He is 45 years old.

UNIDENTIFIED FEMALE: Now, Mrs. Kevin Esterly is letting it all out.

UNIDENTIFIED FEMALE: I had found out that he had rented an apartment.

UNIDENTIFIED FEMALE: Now that she learned what has been going on.

UNIDENTIFIED FEMALE: Those times that he was, you know, signing her out of school early, while me and my children, you know, were waiting for him at

home.

UNIDENTIFIED FEMALE: All this with their own daughter`s good friend.

UNIDENTIFIED FEMALE: We took her in and treated her as part of our family.

UNIDENTIFIED FEMALE: Stabbed to death at her own home.

UNIDENTIFIED MALE: I heart a thud, thud, thud. I knocked out here and I saw a girl laying right here on the floor.

UNIDENTIFIED FEMALE: But the suspect just 15 years old.

UNIDENTIFIED MALE: With a motorcycle jacket, motorcycle helmet, gloves and a knife in his hands.

UNIDENTIFIED FEMALE: Police say he may have been set on killing her sister.

UNIDENTIFIED FEMALE: It`s hard.

UNIDENTIFIED FEMALE: And that sister wasn`t the only name on a kill list.

UNIDENTIFIED MALE: We want to see him tried as an adult.

UNIDENTIFIED FEMALE: But is this boy using acne medication as his defense?

(END VIDEOTAPE)

ASHLEIGH BANFIELD, HLN HOST: Good evening, everyone. I`m Ashleigh Banfield. Welcome to the second hour of CRIME & JUSTICE.

Actresses and high speed chases, it is the stuff of Hollywood. But not when the actress is missing in real life and when the high speed chase ends

in the suicide of a suspect in real life.

In this true crime drama, Adea Shabani has been missing for over a month. A stunning 25-year-old actress who was last seen at a Hollywood coffee

shop.

(BEGIN VIDEO CLIP)

JAYDEN BRANT, PRIVATE INVESTIGATOR: We have no evidence that she is a runaway. She is not a voluntary missing. We don`t have evidence that she

wanted to harm herself. So we are treating this as an involuntary missing. That`s why we are out here searching for her and we believe that she is an

involuntary missing.

(END VIDEO CLIP)

BANFIELD: And if the reports are true, involuntary missing is right. Because according to local reporters, Adea had a boyfriend who also went

missing.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: She is in a relationship, yes.

UNIDENTIFIED FEMALE: Is he helping you?

UNIDENTIFIED MALE: He has been cooperating with the investigation, yes.

UNIDENTIFIED FEMALE: Is he helping you guys? Do you know him? Do you think there could be something there?

UNIDENTIFIED MALE: We don`t know. No info.

UNIDENTIFIED FEMALE: So they both disappeared?

UNIDENTIFIED MALE: Nothing on the relationship.

UNIDENTIFIED FEMALE: No, nothing.

(END VIDEO CLIP)

BANFIELD: Some knew him, some didn`t. But the him is 33-year-old Christopher Spots. He was reportedly out of state after Adea disappeared.

Out of state with another woman. Another woman said to be his fiance. And now we are hearing he took Adea for a ride while she was apparently

drugged, reportedly putting her in his truck and not in the passenger seat, in the bed of that truck.

Police have not confirmed any of these local reports. Still saying that Adea is just a missing person.

But tonight they are investigating a homicide. Because the stolen truck that Christopher was driving may have been used in a homicide according to

the clues inside. At least that`s what the police are saying.

But they can`t ask Christopher about any of this. He is the one who killed himself with a handgun after leading police on that high speed chase in

that stolen truck.

Pat Lalama is with me now. She is the managing editor for Crime Watch Daily with Chris Henson.

Pat, this is very complicated. But in the end, did they think, did the police think that Christopher killed Adea? Otherwise, why were they

chasing him?

PAT LALAMA, MANAGING EDITOR, CRIME WATCH DAILY: Well, look. Just like you said. My conversations with LAPD just a few hours ago, simple to the

point. This is a missing person`s case. That`s all they will say, but there is a get reason why that is all they are saying.

But let me -- let`s just do a little bit of a timeline so people understand what`s happening here. It was February 23rd where she was sitting in that

coffee shop, seen on close circuit TV. Now she lived alone. And what I find interesting is that she left her door to her apartment unlocked when

she went to that coffee shop just a little bit strange.

Now, she is missing. Everybody is looking for her. The next thing we know, he, Mr. Spots allegedly returns from Colorado where his family also

lives, by the way. Police according to the people I`m talking to called him to ask him does he know anything about it. He hangs up the phone then

subsequent to that is the police chase.

There are all kinds of rumors swirling and the one about the person having seen her in the bed of the truck drugged, no one can substantiate that. So

let`s just be very careful about that. And in fact I think one of your guests is the very nice private investigator that I spoke with earlier

today who said that apparently came from some social media person. But no (INAUDIBLE) person has substantiated that she was in fact drugged in the

back of that truck.

There are so many -- it`s really frustrating because I have been sitting there trying to put all these pieces together and you can`t make them fit

yet.

[19:06:16] BANFIELD: No. And we will have (INAUDIBLE) coming up in just a moment who you just mentioned, Pat. The private investigator in this case.

But `m not finish with you yet because all of the reporting that is going on has yield in bits and pieces of who Adea is and was perhaps and also

about Christopher. This is Krysi Newman who is a neighbor of Adea Shabani (ph). And talks a little bit about what kind of person she is. Have a

listen.

(BEGIN VIDEO CLIP)

KRYSI NEWMAN, MISSING GIRL`S NEIGHBOR: She was just a delightful spunky gal. And to not know where she is or what happened to her, it`s just very

haunting and sad. We always hope there is good news. I just wish her and her family the best.

(END VIDEO CLIP)

BANFIELD: You know, what`s interesting, Pat, is the number of celebrities that Adea Shabani (ph) would be hanging out with at various stages of her

career. I mean, it is a very short career. She was also a student as well as an actor. Justin Bieber and Kanye West. I think Paris Hilton, Chris

Brown. Just a huge list of A-listers. Cara del Vinnia. I`m not sure if I`m pronouncing that right, a big model. Lamar Odom. Adriana Lima, a

Victoria Secret supermodel. Robert Pattenson. Alexandra Ambrosio (ph), another supermodel. I mean, she seemed to really travel in some pretty

elite Hollywood circles. There is a reward out for her as well, right. I think the family and friends have put together a reward?

LALAMA: The last I heard it was $25,000.

But you know, what? I mean, think about this, Ashleigh. It seems like maybe she really was forging a career. She was going to Stela Adler, a

very respected acting school. But you know what? Doesn`t mean you don`t make wrong choices when it comes to boyfriends. I`m not saying the guy was

guilty. But, you know, everyone has been there.

BANFIELD: Wasn`t he also a student at that acting school with her?

LALAMA: Yes. And you know, it is interesting. We did a little bit of research and that it appears that he was also a certified nursing assistant

which you can imagine was struggling actress finding way to make some income on the side. But we did find out that that certificate had expired

and he was pursuing acting. She had gotten one small role and was looking for her big break. I don`t really know what he was able to accomplish.

BANFIELD: So there is also word from some of the local reporting, I don`t know if it has been substantiated yet, Pat. But that Christopher was

telling some of the other students in the class that they took together at that, you know, Adea and Christopher took together at that elite acting

school. He was telling some of the other students that he had a fiance in Colorado.

LALAMA: Well, allegedly, he does have a fiance in Colorado. And it sounds even more mysterious when you add a double life to this whole equation.

But what would be his point in murdering her? You know, that`s the missing link. I have a feeling cosno (ph) more than they can tell us at this

point. And I have a feeling they are probably very close to solving it all which is why we can`t put all those pieces together. They know what it is.

And I think we are going to know really soon.

BANFIELD: Can we just show that picture again, we just had up this light pole or a post of some kind in Los Angeles with missing picture. I just

kind of get the impression that Hollywood is not used to these things playing out in real life. It`s really a drama for the big screen. And I

fort of wonder what the feeling is out there among all the cognizant and the actors. And do you see these flyers all over the place?

LALAMA: Ashleigh, I can tell - I live probably ten minutes away from where she lived in Hollywood. I`m just west of that. And you know, the thing

is, a lot of young people come here with dreams. And there are more tragedy that occur than you think. We may only hear about the beautiful

young actress, but a lot of people come here and take a wrong turn. And that is very sad.

[19:10:02] BANFIELD: I mean, don`t go anywhere. I have a couple more questions for you.

I also want to bring in Jayden Brant. He is a private investigator that Pat just referenced. He has been working on Adea Shabani`s (ph) case.

So Jayden, what else do we know about Christopher Spots, 33 years old, reportedly with this fiance in Colorado. What connection do we have to

Adea?

JAYDEN BRANT, PRIVATE INVESTIGATOR ON CASE: Yes. So unfortunately this time, you know, due to the nature of the investigation, we are just unable

to confirm any details regarding that individual or regarding the incident that you are speaking about. But it remains an active investigation. Adea

is a missing person. And we are actively looking for a conclusion in this case.

BANFIELD: And when are you say we, Jayden, when you say we, is it correct to say you are hired by the family, by Adea`s to try to get to try to get

to the bottom of this?

BRANT: That`s correct. Yes, my agency works closely with the family. And you know, we are all hoping for a conclusion in this case soon whether it`s

positive or negative.

BANFIELD: And that`s another question, positive or negative. At this point, does Adea`s family hold out hope that she is alive and she is being

held somewhere even with the advent of this new development that Christopher Spots is dead by suicide?

BRANT: Yes. I mean, of course, the family always, you know, is holding out hope. It`s difficult. We are into the fifth week of her

disappearance, so it is very difficult on the family. But we always remain hopeful until we absolutely know otherwise.

BANFIELD: So can you help me to sort of sort through why they ended up on the high speed chase, you know, trying to catch Christopher Spots? There

is something about the truck he was in was stolen. It may have actually triggered one of those automated plate reader. Was there something else to

it that they were after or was it just luck of the draw that they happened to be looking for a stolen truck and lo and behold, it`s a missing woman`s

boyfriend?

BRANT: Yes. Again, I`m sorry. But again due to the nature of the investigation I just can`t confirm any details of that incident.

BANFIELD: So there is also the release that there was something in the truck. The police saying something in the truck led them to believe this

truck may have been involved in a homicide in Los Angeles. Do you have any idea what they found inside that truck?

BRANT: Yes. Unfortunately, I can`t discuss that at this time.

BANFIELD: But do you know it?

BRANT: Again, I can`t discuss that incident at this time.

BANFIELD: Totally understand that you can`t tell me what the information is. I`m just curious to know if you know the information.

BRANT: Yes. Of course, like I said. I can`t discuss it at this time. Again, it remains a very active investigation.

BANFIELD: Totally understand. You can`t blame me for trying because it`s mysterious to so many. And it is a very high profile missing person case.

I mean, she is an actress with all these a-list friends. There is posters everywhere. The family has appealed for help. If anybody knows anything.

They had even put it on a tip line. I will up if you wanted. It is 213- 996-1800. If anybody has seen anything.

But that leads me to that other mystery. Jayden, what was the report that came in that somebody somewhere saw Adea "drugged and in danger," those are

quotes, and being placed in the back of a pickup truck and there was a phone call apparently that came in with this information. What was the

nature of that? Who got it? And is there any validity to it?

BRANT: Yes. Unfortunately, that tip we have not been able to corroborate at this time simply because that was a tip very early on prior to my

involvement in the case. And I believe actually prior to my knowledge, prior to LAPD`s involvement in the case, it was social media posts that was

put out by some friends and someone contacted someone through social media anonymously. We have asked for that person to come forward and provide us

more information. Obviously, you know, we are very interested in that but simply have not been able to be corroborated at this time.

BANFIELD: I mean, you would think that would be an ATV seeing a drugged woman being loaded into any, you know, pickup truck dead. That would - you

would think that would start a chase immediately. And that we don`t think that that was started this chase, do we?

BRANT: No. I mean, not to my knowledge. I mean, that tip came in, the one you are refereeing very, very early on.

BANFIELD: OK.

BRANT: You know, many weeks ago. Again, even before we were involved and she was an official missing person.

BANFIELD: Let me bring Pat Lalama back.

Pat, do we know anything about this fiance in Colorado and if the police have been able to reach her and try to get any information from her about

this?

LALAMA: I have no doubt that they have spoken to, if this person exists, have spoken to this person. But you know what? I think the real mystery

is, Ashleigh, what about this quote-unquote "passenger" during the chase whom he allegedly stopped to let that person out and then continued on with

the chase. I can`t get any - I tried as hard as you did with the private investigator and he is, you know, he is true to his word. He can`t say

much and we appreciate that. But I can understand why no one will tell us, who is that person? And you know that person knows everything. Who was

that person?

[19:15:30] BANFIELD: And while -- if there is DNA in the back of that pickup truck, that is going to speak volumes as well.

Jayden, do you know, if you know, if there is any -- have they, you know, extracted any forensics out of that stolen truck that might link to Adea?

Do you know?

BRANT: I`m not aware of that would be --.

BANFIELD: Not aware? What about the fiance? Do you know anything about the fiance?

BRANT: Unfortunately, I can`t discuss that right now.

BANFIELD: OK. What about that passenger that Pat was mentioning? Do you know anything about the passenger?

BRANT: Yes. Again, I just can`t provide any details on that incident.

BANFIELD: OK, real quickly, let me bring in Kenya Johnson, defense attorney.

Kenya, if they find any DNA of the - in the back of that truck, game over?

KENYA JOHNSON, DEFENSE ATTORNEY: Absolutely. We are talking circumstantial evidence and the circumstantial shows that he had to run for

something. He had something to hide. And so, someone is out of this, there are so many unanswered questions. But the police will be looking at

his behavior during the chase and how he was apprehend and why did he killed himself? Because he has a secret to hide.

BANFIELD: Pretty mysterious.

We are not done with the story. But my thanks to Pat Lalama for all of her great reporting. I love your show, too, by the way. I just love it.

Thank you, Pat.

LALAMA: Thank you. Thank you. Appreciate it.

BANFIELD: My thanks to Jayden Brant. And my thanks to Kenya Johnson.

Tonight, holy cow! A scorned wife breaking her silence in a very robust way after her husband was found with a 16-year-old girl in Mexico, happened

to be a family friend. Search got international, too. Married, father of four, disappearing with her daughter`s you might say best friend. A real

ick factor.

You can also listen to our show now any time. Download our podcast, Apple podcast, Iheart radio, Stitcher, Tune In or wherever you get your podcasts.

(COMMERCIAL BREAK)

[19:21:59] BANFIELD: Good parents care for their kids and sometimes friends of their kids as well. But the buck often stops at bringing those

friends along on the family vacation, right? And the buck definitely stops if the kid`s friend is invited on family vacation and only the dad is going

on the vacation. That would be creepy, right?

That`s why Kevin Esterly is in a lot of trouble tonight with the law and maybe even more importantly with his wife. Because she is steaming mad and

he was found in Mexico with a 16-year-old girl and not just any girl, a close friend of one of their four daughters. And if you are wondering how

mad she is, mad enough to go on "Good Morning, America" and air his dirty laundry.

(BEGIN VIDEO CLIP)

STACEY ESTERLY, WIFE OF SUSPECT: I was worried, you know. My children would cry every night asking when daddy is coming home. It`s very

heartbreaking, you know, to have to see your children go through something like this. I never thought in a million years we would ever be in this

situation let alone my children.

(END VIDEO CLIP)

BANFIELD: The something like this that she is talking about is that her husband was spotted cuddling reportedly possibly with that 16-year-old Amy

Yu on a one-way flight to Cancun before the authorities tracked them down. And how he is facing felony charges of interfering with her custody.

And his wife has another custody case in the works as well. With Stacey Esterly filing now for divorce, and aiming to keep Kevin from seeing his

kids especially after learning that he spent weeks pretending to be another girl`s stepdad. Even renting an apartment around the corner from Amy Yu`s

house.

(BEGIN VIDEO CLIP)

ESTERLY: Those times that he was, you know, signing her out of school early, while me and my children, you know, were waiting for him at home.

Where was he and Amy? And what were they doing?

(END VIDEO CLIP)

BANFIELD: What were they doing indeed? A good question for Jaccii Farris, reporter for CNN affiliate WFMZ. What were they doing, Jaccii? .

JACCII FARRIS, REPORTER, CNN AFFILIATE WFMZ: Well, it has been speculated that a secret relationship had begun many months going back and Stacey says

she started to notice things that weren`t exactly what you call fatherly. And when she brought them to the attention of Kevin Esterly, he, you know,

blew it off and everything. And ultimately, Stacey said she had to make a decision for her family, you know.

They were at home, Stacey and their four little girls, ages you know, from two years old up to 14. They were at home waiting for Kevin a lot of times

whenever he was with Amy Yu. And they would wondered where he was. And finally Stacey said she put her foot down and she has talked to Amy Yu`s

mother and talked to Kevin and everyone was in agreement that they would no longer see each other, but that certainly didn`t turn out to be the case.

[19:25:11] BANFIELD: Well, that was after this relationship may have had quite an opportunity to blossom. Because as we have learned, they were

spending so much time together as a family which is weird.

Amy Yu was often with Esterly`s family. You know, the oldest one, the 14- year-old was her, some say, closest, dearest, best friend. Others say great friend. And they often went on family vacationing together. Amy

would join the Esterlys on their vacations. Have a listen to what Stacey told GMA.

(BEGIN VIDEO CLIP)

ESTERLY: We took Amy on a lot of family vacations, a lot of family outings. First time for skiing, first time to the beach. Like I said, we

took her in and treated her as part of our family.

(END VIDEO CLIP)

BANFIELD: Well, now in retrospect I`m sure that Mrs. Esterly doesn`t think that was such a good idea because she has since discover at least since

December, found out in December that Kevin Esterly had rented an apartment just four blocks from Amy`s house. Here`s what they said about that to

GMA.

(BEGIN VIDEO CLIP)

ESTERLY: In December, I had found out that he had rented an apartment four blocks away from Amy`s house. That was devastating to me and my children

as well.

(END VIDEO CLIP)

BANFIELD: Jaccii, my guess is that apartment is now empty. At least Kevin is not spending any time there. He was extradited not just from Mexico to

Florida, but then from Florida to Pennsylvania. What`s his status now?

FARRIS: Well, he is now at the Lehigh County correctional facility where he is on $500,000 bail. But I can tell you, Stacey is not going to bail

him out any time soon. An attorney that represents Stacey says that Kevin is actually been calling Stacey from jail and Stacey is done. She is not

taking his calls. She is not talking to him. You know who she is talking to? She is talking to a divorce attorney because she wants to end this

marriage, focus on her girls and move on. Because she says after what Kevin has done to her, enough is enough. And she is going to just

basically make sure her girls are OK.

And of all the girls, the oldest, the 14-year-old, the one who is the friend of Amy Yu, Stacey said her daughter is feeling betrayed and she is

really having a tough time with the feelings that have come out from all of this.

BANFIELD: Can you just - I mean, think it through for a minute. Can you imagine, a, what it`s like for long suffering Stacey Esterly now finding

out that all these weird moments and the time away from her daughters, her four daughters and her. The oddness of how Stacey or of how her husband

was, you know, acting around Amy Yu only to find out there is the apartment. They have run off together potentially. Now, this is the case.

The interference with custody.

Here`s what John Waldron said. This is Stacey`s attorney. Horrifying is the least of it, right. John Waldron, Stacey`s attorney said that Stacey

was really starting to notice that this was no longer a young girl who is coming along on the family vacations. And this is no longer a young girl

who was best friends with her oldest daughter. There was something odd going on. \

Here is how John put it.

JOHN WALDRON, STACEY ESTERLY`S ATTORNEY: It was clear because of the way they would behave with each other. It was clear in a woman`s, you know,

intuition.

(END VIDEO CLIP)

BANFIELD: So I want to bring in, if I can, defense attorney Kenya Johnson. She is live now with me from Atlanta.

Kenya, it is such a weird story. There is this odd development as well. But when Amy was brought back from Mexico and repatriated in Pennsylvania,

she didn`t go home. She went to a place - well, first to the hospital. And then after the hospital she went to Kids Peace Family center which is a

place for at risk kids, kids with disabilities, it is a place that offers psychiatric help, residential programs. And she is apparently still there.

Her mother just told us and this is breaking news that Amy is still there. Amy is angry. Amy does not want to see her mother or her family or quote

"talk to us" which I can only imagine means her brother, John, 14-year-old brother John who has spoken to us before and her mother.

What are their rights? I mean, this is a 16-year-old girl. They have custody of this 16-year-old. She is a child. What are the family`s rights

at this point, Kenya, in seeing and talking to their 16-year-old girl?

JOHNSON: Well, there are two standards. There is the legal standard for the age of sexual consent, which is age 16. But then there is also the

public standard of emotional maturity. And so, even though the young lady does not want to go back home, she may be under duress, she maybe so

brainwashed by this older more mature man that she may look at him as a father figure, feel very comfortable with him. So even if she willingly

participated in the activities and legally with him, the parents still have rights because she`s a minor. And you can`t interfere with the custody of

a minor. You can`t transport a minor across state lines.

(CROSSTALK)

ASHLEIGH BANFIELD, HLN HOST: That may be the least of his worries, though, Kenya. Honestly, this wife has just told GMA that she found out about the

apartment that Kevin had, she found out about it in December. Amy`s birthday where she turned 15 was December 9th. So, if this apartment

existed before December 9th and if it was being used for anything sexual with Amy, now, what charges is Kevin Esterly facing on top of, oh,

interference with the custody of a child.

JOHNSON: If he had sex with this young lady before she turned 16, he`s looking at statutory rape which is a felony charge. He`s also looking at

battery which is an offense of touching. She could have been under duress, kidnapping, false imprisonment. The key question is going to be how much

did she participate willingly in this activity, and then her parents will come around and say, even though she participated willingly, she was under

some sort of undue influence.

BANFIELD: I wish -- I wish I could see the evidence gathering in that apartment. What they`re looking for in that apartment, and whether certain

DNA -- to be disgusting -- in that apartment might actually show that there was a statutory rape. Because honestly, you got nine days in December

where she is illegal and then the rest of December where she is legal by the statute. So, the story continues. My thanks to Jackie (INAUDIBLE).

And also Kenya Johnson, I`m going to ask you to stick around.

A teenage murder suspect in Colorado may offer a shocking defense for his actions saying that it was his acne medication that caused him perhaps to

be involved in a murder. The father of the victim, not having any of it. That`s next.

[19:35:00] (COMMERCIAL BREAK)

BANFIELD: It is straight out of a cold-blooded crime novel. A beautiful young woman stumbling down a set of stairs, covered in blood, and then,

collapsing on her neighbor`s front porch. She had been stabbed to death inside her own apartment.

(BEGIN VIDEO CLIP)

MICHAEL BROWN, NEIGHBOR: I heard a thud, thud, thud. I opened up my living room door and looked up here, and I saw a girl laying right here on

the floor. She was not responding. I yelled out, you know, are you OK? And I screamed for help. A man with a motorcycle jacket, motorcycle

helmet, gloves, and a knife in his hands was coming down the stairs and he saw me. I backed up from her and when he saw me backing up, I ran further

because he started coming after me.

(END VIDEO CLIP)

BANFIELD: The thing about that man in the motorcycle jacket with the knife in his hand, well, police say he was no man. He was a boy, 15 years old, a

teenager. Reportedly, a teenager taking acne medication. And that medication may have messed with his head if you ask his defense attorneys.

But police say he mentioned a possible stabbing a full month earlier to Makayla`s little sister on Snapchat while asking for the name of her

friend. When the officer searched Aiden von Grabow`s home, they may have found out why he was asking. They say that 15-year-old had a notebook with

a death list. And on that death list was the name of Makayla`s sister and added, slash, whomever is home. With a note, as well, quoting, "torture

until she begs for mercy."

(BEGIN VIDEO CLIP)

DEBBIE GROTE, MAKAYLA GROTE`S MOTHER: It`s hard. It`s hard. Makayla was everything to us. She was. I just want justice for Makayla.

(END VIDEO CLIP)

BANFIELD: Now, Makayla`s suspected killer, the teen, is charged with first-degree murder. But he is also charged with attempt to commit murder

because there were a whole lot more names on that death list. And when police arrested Aiden, he was just one house away from another name on that

list.

With me now, CRIME & JUSTICE Producer Kyle Peltz. Kyle, it`s significant to know the timeline of what happened before Aiden was arrested. The day

before Makayla was stabbed to death in her home, what was happening over at Aiden`s home?

[19:39:56] KYLE PELTZ, PRODUCER, CRIME & JUSTICE: Right. So, we know Makayla was stabbed to death on a Saturday evening -- Saturday, November

18th of last year. Now, we know on Friday, just the day before, November 17th, police were called to Aiden`s home on a report that he had been

menacing his mother. And basically, what happened according to police is that some knives had been delivered to their house while Aiden`s mom was

away on a business trip. She went to confront him about those knives when she came home, and that`s when he allegedly started to come at her with the

knife. Apparently, a large hunting knife before fleeing the scene in her car.

BANFIELD: OK. So, now, he`s on the run. He`s apparently considered a runaway at this point as opposed to someone they should be tracking given

the fact that he`s got all these knives, he`s menaced his mother, but they consider him a runaway. She searched his room sometime around this whole

episode. What did she find?

PELTZ: Yes, that`s right. Aiden`s mom was searching his room that night as well. And what she told police she found is pretty disturbing.

According to court documents, she discovered mason jars, little jars field with a somewhat clear liquid. Now, those jars had a rag hanging from the

top of it. It looked like a Molotov cocktail kind of device. And she also found lighter fluid, a container of lighter fluid in his room as well. And

that`s not it. Also, a machete and a wooden chopstick that had been wrapped in foil, which police say looked like it could have been a possible

torch.

BANFIELD: So, now, he -- let`s just go with the timeline. He`s now on the run, and before we go to that supply list, that`s a whole other part of it.

He`s on the run, he`s menaced his mother with a knife and there`s a box of knives that`s been delivered. She`s found all of these other dangerous

things in his room, and 6:00 the next night is the time that Makayla is stabbed to death. It`s important to note because it gets a little

confusing. Makayla has a younger sister who had been in communication with Aiden -- who knew Aiden. And Makayla`s younger sister is the person who

was actually on this death list. The death list was not discovered by his mother, was it?

PELTZ: No, the death list was not discovered by his mother. The death list was actually discovered by cops.

BANFIELD: OK, so let`s go to what Aiden`s situation was. He was recently home schooled. Was there some issue? Do we know why he was recently home

schooled as opposed to going off to school with the rest of the teenagers?

PELTZ: Right. So, according to court documents, he actually been taken out of school recently for some problems he had been having with some

classmates.

BANFIELD: OK. Now, let`s go to some of the things that were discovered when they arrested Aiden. That was, what? Just a couple of hours after

the murder they found Aiden, correct?

PELTZ: Yes, it only took a few hours to find Aiden and place him under arrest after that murder.

BANFIELD: And they found the death list. They found the torture her until she begs for mercy, make her fight. They found a drawing of a person

hanging by a noose. They saw Makayla`s sister`s name with a slash beside it and whomever is home. More names, and then, they found a supply list.

Let me put that supply list up now. This is where this comes into play. This is what the police found. And I`m -- you should you know that this

spelling on this is all his. This is not our spelling. Molotov`s, knives, dark clothing, boots, face mask, goggles, duct tape -- lots of it, head

lamp -- flashlight, hatchet -- if I can find one, bleach, gloves -- black, and map. They never found the hatchet, though, did they? They found

everything else on this list in the search but nothing that resembled the hatchet, right, Kyle?

PELTZ: That`s exactly -- yes, exactly right. They found everything on that list. They say it was either with Aiden himself in his home

somewhere, in his mom`s car. They found everything but the hatchet.

BANFIELD: I want to bring in Makayla`s father, Troy Grote. And Troy, I want to just tell you how sorry we are for your loss. Your daughter,

Makayla, we`ve seen the pictures of her, she`s just simply beautiful. She just looks so full of life, 20 years old. Do you think that Makayla`s

younger sister, your other daughter -- and for the purposes of keeping her safety, we`ll just call her Jane. That`s not her real name but let`s just

call your other daughter Jane. Do you think that Makayla was not the target, the alleged target of Aiden, but that Jane perhaps was?

TROY GROTE, MAKAYLA GROTE`S FATHER: Right. Makayla was not the target. He was actually after Jane and he -- unfortunately Makayla answered the

door and got attacked.

BANFIELD: Do you -- does Jane -- is she able to tell you anything about what Aiden`s like? Like what did she know about him? What kind of a

relationship did she have with him? What did -- what -- how did she describe Aiden?

T. GROTE: Jane was friends with him on the cross-country team at school and they hung out at school. And she said he was a great kid. He seemed

OK. He -- and then, he started acting weird towards the end of summer, and then, they kind of quit talking.

[19:45:01] BANFIELD: So, he was a great kid up until the end of summer and then, started acting weird?

T. GROTE: Yes. He started just getting really strange and she started, kind of, backing away from him. And didn`t talk to him as much. He ran

away from home for several times and it was just really strange, she said. Strange behavior.

BANFIELD: Oh, I want to read this Snapchat, you know, back and forth between, you know, Jane, your daughter, not her real name, and Aiden, who`s

now on -- he`s going to be facing trial for first-degree murder. Criminal attempt to commit first degree murder, three counts, as well as menacing

and stalking. And just as background for this Snapchat, the allegation goes that Aiden was hammering away at your daughter, Jane, for a name of

her friend. And Jane didn`t want to give it up. She`s feeling very uncomfortable about it. But this is how the Snapchat went. Allegedly,

Aiden said, "it`s not pretty for people on the list. The rules are, one, pick a target, two, get info on the target, three, eliminate the target.

Also, if you tell anyone, I will make sure you`re next on the list." And then, presumably, girl is Jane, your daughter. "Just tell me what could

happen to my friend. She hasn`t done anything wrong." And allegedly, Aiden said, "13-inch steel hunting knife. That`s just the start." And

Aiden goes on to say "what would you do to keep your friend alive? I know that you know." And then, allegedly, Jane answers "anything." Aiden,

"really?" Jane, "yes. I`m done playing this stupid game with you." Allegedly, Aiden said, "sadly, it`s not a game." What does Jane tell you

about the nature of these text messages beyond this?

T. GROTE: She really never told us -- she never really told me anything about the text messages because I was actually living in Arizona at the

time this all happened. So, I know my wife was the one that saw all the text messages, but it was always -- I was just, kind of, out of the loop on

those. I really didn`t hear about the text messages until we were at the transfer hearing.

BANFIELD: But Jane ended up on the list, didn`t she? For not giving up the name of her friend. Jane`s name ended up on this death list.

T. GROTE: She ended up on -- yes, she ended up on the list for not revealing the information and also for telling mom and -- telling my wife,

and her calling the police. And with him getting in -- calling the police and the police coming, that put her on the list.

BANFIELD: It`s incredible that they had had warnings about him before as well. Where he had talked about potentially killing cats or at least

smirked at the idea of it. You know, so many warning signs and who knows if this will prevail, this medication -- acne medication defense. But

Troy, thank you for joining us and telling us about this. And we`re going to watch this case along with you. My great thanks to you for summoning

the courage. And also, our thoughts go out to you in the loss of Makayla.

T. GROTE: Well, thank you very much. Yes, she was -- she was definitely something special. We miss her dearly.

BANFIELD: Beautiful, beautiful girl. Just looking at her picture, just a stunning young girl whose life was cut short far too soon. We`re going to

watch that case.

We`re also looking at a terrifying crash that was caught on dash cam. An out of control 18-wheeler hurdling towards a school bus, packed with

special needs kids. That story coming up right after the break.

[19:50:00] (COMMERCIAL BREAK)

BANFIELD: It was a miracle no one was hurt when a tractor trailer slammed into a bus load of special needs students in South Carolina.

(BEGIN VIDEO CLIP)

TAMMY CUMMINGS, BUS DRIVER: I was driving down Fairview Road and I was going to go into a curve. I`ve seen this big transfer truck coming towards

me. And I just watched the bed of that truck come towards me, and I held up my arms to cover my face, because I knew that bed was going to hit us

and I was afraid the glass was going to hit me in the face. So -- and it did. But when it hit us, it hit my right side of my bus but it bounced

back up on its wheels.

A transfer truck has just run off the road and hit me. Everybody on my bus is OK, but we do need an ambulance and a fire truck. The power lines are

down. We cannot move.

Oh we`re good. Let`s play a game, OK? Come on. Hey, look out. Hey, you got your phone?

UNIDENTIFIED MALE: OK.

CUMMINGS: Yes. (INAUDIBLE).

UNIDENTIFIED MALE: Help me.

CUMMINGS: Show me a game. What kind of game we`ve got on your phone?

(END VIDEO CLIP)

BANFIELD: Tammy Cummings, hero. We`ll be right back.

[19:55:00] (COMMERCIAL BREAK)

BANFIELD: "ONE MORE THING" for you tonight. Tyrannosaurus rex was always known as a bit of a hot head in the dinosaur world. But probably not like

this. This is last Thursday at the T-Rex exhibit at the Colorado amusement park as the T-Rex went up in flames. The officials say that an electrical

glitch caused this 12-foot animated beast to blow his top and then, end up like this. Fortunately, nobody was hurt, and plans are already in the

works to replace the attraction, but it really made for some unbelievable video. Don`t know if it looks like that during extinction. Holy smokes.

Thank you so much for watching, everybody. I`m Ashleigh Banfield. Be back here tomorrow night 6:00 Eastern for CRIME & JUSTICE. "UNMASKING A KILLER"

begins right now.

END