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tv   Newsmakers  CSPAN  October 11, 2009 6:00pm-6:30pm EDT

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incredibly chilling 911 call. on it, a horrying mistake by cops. an intruder breaks into the family home. the father somehow gets his gun out. cops think dad is the bad guy and shoots him five times. all recorded on the 911 call. >> sheriff, what's happening? >> sir, i'm the homeowner, i'm the homeowner. an 11-year-old so sick she can no longer walk, talk, eat. instead of taking her to a doctor, her parents only prayed. now she's dead and mom and dad are going to jail sentenced to
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one month each year over the next six years. what do you think of that punishment? is that justice? controversy, opinion, your point of view, this is "prime news." welcome once again, this is "prime news." i'm mike galanos. our first story, so chilling. imagine calling 911 because a guy breaks into your house. you catch him and somehow you have him at gunpoint. you're in the driver's seat. while you're on the phone, though, with 911, cops come and shoot you instead of the fud. let's bring in our "prime news" correspondent, richelle carey. >> the homeowner is tony, he was shot six times including once in the back and now he's suing the phoenix police department for nearly $6 million in damages. he says that newly released 911 calls reveal what really happened that night. we want to warn you this is really, really tough stuff to listen to so here we go.
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>> all right. an internal affairs review officer brian lily admitted opening fire without giving a verbal warning. still, the force has cleared him of any wrongdoing. there you have it, mike. >> richelle, thanks again. tough to watch. thankfully tony is recovering. still trying to piece his life
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back together. want to hear from you. we'll take your calls. 1-877-te-hln. joining me to talk about this, tony's wife, leslie, also with the, michael manning, the cupping's attorney. leslie, i know this must be difficult for you. let's start off with your husband, tony. how's he doing? how's he recovering here? >> my husband's never going to recover. he will never not have a full day with no pain. this has forever changed our life. >> wow. he was shot six times? shot in the back, right? >> yes. the first time he was shot in the back, the second time he was shot in the hip area, and then he was shot in the forearm and then he was shot three more times while he was on the floor. >> wow. >> did you see this unfold, leslie? >> i saw up to the point where -- i left my husband in
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the room with the intruder who was later identified as angs l kanalas. my husband had him secured on the floor and he was obeying my husband's commands. i left the room very chicken of, obviously. but i felt secured that my husband had the situation under control. i left to call 911 as well as my husband did, and waited for the cops to come and save us, for them to remove kanalas from our house and little did we know what we called to save us would hurt us and change our lives forever. >> the police arrive. do you make it very clear to them your husband is the one with the gun holding the intruder? >> you know, i don't think i could have said it louder, more clearer than what i did. i specifically said to the three
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of them, the first three that came through by backyard, i said, my husband's the one with the gun. please don't shoot. i had both my children at my side. the officers went into my house and immediately i heard gunshots fired and i was literally floored thinking, what happened? i told you, i told you he was okay. not knowing until seconds later the police dragged my husband out of our house by the leg that they had just shot him in. my kids and i were witness to my husband's bloody body just laying there. >> couldn't imagine the pain. >> horrible. >> leslie, let me ask you, is it okay if i play the 911 where basically your husband is saying good-bye or would you like to avoid that? i'll leave that up to you. >> you know what? it's never easy to hear, but i think this -- it's important for your viewers to hear this. >> okay.
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here's what's so -- you heard leslie describe it. here it is. her husband, tony's, been shot. at this point i believe they both think this might be the end. let's listen to that. >> did you think that was -- oh my god. >> i did think that was it. i did think that was it. and it's just horrible. it's horrible. you ask someone to come and help you, to come and save you. my husband didn't shoot kanalas in the back because he thought that would be the wrong thing to do, but unfortunately brian lily didn't have a problem shooting my husband in the back without any commands. >> again, leslie, i'm sorry. i agree with you, i think it is important for our viewers because that's the impact that this had. really, obviously brings it home.
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michael, let me turn to you. as we talk here, isn't that a huge key to your case, that she clearly told officers my husband has the gun, don't shoot? >> it is key to the case. she also told 911, as did tony, everybody in the circle of command here knew it was tony with the gun. more importantly, they go in, even if they don't know, they issue no command. they don't try to calm or defuse the situation. they immediately open fire without doing anything and shoot the man in the back. >> okay. >> also, they've said that the story that was recreated a week later was that tony started moving around with a gun. they couldn't possibly have seen the gun from that position, nor did they have time to see the gun. they just opened fire. >> phoenix police, they have cleared officer lily of any wrongdoing. i want to read their statement. here's part of it, anyway. "unfortunately, after entering the residence, one of the officers mistakenly shot the armed homeowner.
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the homeowner was given prompt medical attention. the phoenix police department has been honest and forthright from the very onset of this incident. no attempt has been made to conceal the truth or the facts surrounding it." so, again, michael, anything to add to your case as we hear that statement? >> well, i mean, yes. they -- the 911 tape, itself, when officer lily says to his supervisor, i f'd up, i fing shot the wrong guy, the homeowner, i fing started shooting without warning. the first thing the sergeant says, is, don't worry, i've got your back. so that issue, with respect to the cover-up, starts there. >> okay. $5 million lawsuit. michael, thanks for your time. leslie, thank you for your bravery to come on. i know it's difficult. again, so impactful to hear this. is what really the horror that you guys went through. give your husband, tony, our best. >> it is. i will. it is. i will.
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thank you very, very much. >> thanks, leslie. when we come back, we're going to talk to a former criminal investigator about how this could have happened and also an attorney to look at this case. does it look like a good case for the arambula family?
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welcome back to "prime news" on hln. wooerks again, covering this horrifying story of home intruder enters the house, somehow that man, the dad, tony arambula, gets a gun, corners the intruder. he's got him. called 911. his wife, leslie, told officers my husband has the gun, please don't shoot.
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ends up tony arambula, the husband, dad, shot six times. the family is filing a lawsuit. our experts with us. michelle ses kir. we'll take your calls. keoka with us in massachusetts. >> caller: the police totally, totally in the wrong. this is an awful situation. my heart goes out to the family. i mean, the wife clearly told the police officers that her husband, you know, had the intruder down on the ground and he had the gun. so, i don't know how it was, you know, a mistake when the officer shot the guy. it's insane. >> from what all i'm hearing. i agree with you. john lucich, i think that's the key here. if the wife made it clear her husband's got the gun, has the intruder cornered, isn't that enough? how do you see this? >> i was a cop for 17 years and know how hard it's been, almost six years in uniform. i know firsthand how difficult this kind of job can be. what upsets me about the case is
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the word "mistakenly shoot somebody" six times. that can't happen. you mistakenly shoot someone once, i unction thcan understan. i wouldn't be surprised if you see an agency with a higher jurisdiction coming in and taking a look at the case and re-reviewing the actions of the officer. there were several things not followed to policy. how can they clear him on that? one more point, when it comes down to the case the wife told him he had the gun, that cop had no idea going in if the situation didn't change and the bad guy took the gun. we have to take a look at what happened in the room to spark the shooting. >> another call in. cynthia in louisiana. your question? >> caller: when the police went into the room, even though the man had the gun, why didn't they tell him to drop the gun? that's a procedure. drop the gun. then you take action. just to go in there and go shooting? it was like you had a field day. i think that's awful. >> let's go to john with that.
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officer lily from what we know didn't yell a warning, anything, drop the gun? don't you do that? isn't that proper procedure? >> that's wouchb the aspects i said. what the officer did. a couple things bothered me. another thing is, you don't walk into the room. you take cover using the doorjamb and look into the room having your gun pointed out so you don't expose yourself so you don't have to hastily shoot somebody. what caused this officer to shoot somebody six times -- again, i can't tell you. i wublt in that room. that's the focus of the investigation. >> this is the statement from phoenix place. it was ruled officer lily did not violate procedure. "unfortunately after entering the residence one of the officers mistakenly shot the armed homeowner. the homeowner was given medical attention. phoenix police officer has been honest and forthright about the incident." let's bring in our attorney,
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michelle. it seems like they have a good case. i'm talking about the family. were thoughts. >> they have a good case. this family did everything right. he has the right to defend his own home. it's the castle doctrine. the right to defend his wife, two young children. he did everything right. held him at gunpoint. this officer, officer lily shot first and asked questions later. they're going to look at the training. they have a negligence supervision and hiring case. they're going to look at the fact that the police are policing themselves here. they're the ones who are looking and saying, okay, he did everything right. i agree certainly this is going to go to a higher level, a state level to review this. >> we're not finished with this one. >> oh, no. >> we have to leave it there. michelle, john, we proosappreci it. brutal arrests in a massacre of a family. in illinois. first behind bars, a former son-in-law. and now, more folks are joining in. who are linked to him.
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family members. what's the motive? how are they involved?
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welcome back. we have gripping new developments just coming in on the brutal massacre of an illinois family. we continue to cover this for you. raymond, his wife, ruth, three kids horrifically beaten in this town in illinois.
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first suspect behind bars, former son-in-law, christopher harris, who was married to an adult daughter was not involved or injured in this. four more arrests. harris' brother, ex-girlfriend and mother. all three charged with obstruction of justice. why was this family targeted? innocent kids. how were those folks involved? we welcome back ryan denan, online news editor. lay it out there. who are these people? how are they connected to the accused murderer here? >> the accused murderer's boother, jason harris, one of the arrestees. also arrested, harris' fiancee. at one time the murder suspect lived with them nearby where the killings took place. he was living with them before the actual killings. also arrested yesterday was jennifer ernest's mother, sarah duncan in sarasota county, florida. >> were cops tailing them? how did they begin to link them in some way, shape or form to
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this crime? >> it's been a hectic week for them. starting last wednesday police began searching the residences of all these people. this culminated basically yesterday when these people were brought in early in the morning, actually they talked to sarah duncan down in florida in the morning. she went to work. when she got home from work she was arrested at her condo on a parent. >> let's talk specifics here. charged with obstruction of justice. any specifics on that at all? what were police meaning by that? >> you know, obviously a broad line. there are specifics within the line you can charge with maybe tampering or concealing evidence. hide what they know. conspireing to leave the state or hide somebody. there are some specifics there that we're talking about. >> do you get the feeling it's something after the fact? that maybe they didn't know beforehand and knew after and tried to help conceal? >> if they thought these people weren't involved in the actual killings they may have been charged with something else.
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they're not charged with chris miller for -- >> let's clear that up. we don't believe they were involved in the actual attack? >> no, police don't -- if they thought that and had evidence they would have charged them. >> they would have. as you and i talked about this, we always get back to, i have to ask you, any more on motive? this is a former son-in-law who is still linked up the adult daughter, nicole. on again/off again roy. they have an 8-week-old son. >> motive cooked up here. the family saying this guy is a nonviolent person, got along great with the family. he and his ex-wife had on again/off again type fights. the family says it was nothing serious and no documented -- >> a 3-year-old was also attacked here fighting for survival. how is the 3-year-old doing? >> her condition improved here. now in fair condition, an upgrade from critical and stable last week. always appreciate it. coming up, michael vick in a reality series? and i'm okay with it.
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