tv Nightline ABC February 18, 2016 12:37am-1:07am EST
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tonight the story of five young men who did an admittedly stupid thing. they broke into what they thought was an empty home and one of then ended up dead. critics say what happened next was injustice. the boys were charged and convicted of felony murder even though none of them pulled the trigger. my "nightline" coanchor juju chang had been following this case for years and tonight she's right there for major new developments. >> oh my gosh. i don't want him sitting there another minute. >> reporter: for april erdos, the drive to wabash prison is one she knows far too well. >> three years, three months, some-odd days. >> reporter: the many long days thisother's been fighting for the freedom of her 20-year-old son levi. >> you can't explain what it feels like. it comes down to the love you have for your child. that's what makes it hurt so bad. >> reporter: levi was sentenced to 50 years in prison for felony
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pull the trigger. he didn't even have a gun. that's going to be a kodak moment right there. >> reporter: morehan 250 miles away in elkhart, india, levi's life was forever changed on a fall day in 2012. he was hanging out with four of his friends. among them 21-year-old denzel johnson and -year-old blake layman. >> got off school that day. we ended up talking. coming up with dumb-ass plans. excuse my language. >> reporter: the plan was to rob an empty house. >> why an empty house? >> it was just a plan to get quick money, it was never a practicen to hurt anyone or confront anyone. >> were any of your armed? >> no. >> reporter: they settled on this house across the street. >> you're convinced nobody's inside? >> we had knocked beforehand. i mean, not like -- not just rung the doorbell, knocked. >> reporter: while the four
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thoughgh was empty levi stayed on the porch at a lookout. >> you didn't say, hey, fellows, this is a bad idea? >> i could have. but no, i didn't. >> there was a boom and my whole house shook. >> reporter: the testimony of rodney sct, homeowner. he was home. upstairs taking a nap. >> fear coming over you and you don't know if you're goi to get hurt or if you're going to get killed. that's when i decided i was trap them. >> i heard a bang. and then i heard another bang. and then i heard a couple more bangs afterward. turn around and run away from the gun. felt something warm. came up with a handful of blood. >> that's when you realized you were shot? >> that's when is. ed i was shot. that's the hole. >> the entry wound there is -- >> reporter: then blake realized his friend denzel was slumped next to him, shot in the chest, bleeding heavili. >> he died in your arms? >> he died in between, like right in between me and jose.
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over and over again. >> to whom were you sorry? >> the homeowner, i was sorry period. you know. it was a bad situation. i was sorry for it all. >> reporter: his friends called him for help. >> i stepped inside the door, looked over, the guy was holding the gun at me. i threw my hands open, he told me to get out of his house, i said i'm sorry and took off. >> reporter: one week later -- >> they called me and said he'd been arrested for murder. >> reporter: that't'right. murder. felony murder. because when meone's killed during certain crimes, in this case burglary, everyone committing that crime can be held responsisie. even though none of them pulled the trigger or even had a gun. even levi. who was just the lookout. >> i didn't really comprehend it. i didn't put my mind aroundndhat through. >> the point of the felony murder law is basically to say, you bring a gun to a robbery? and someone ends up getting killed? then you're going to be held
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death. what makes this case different is that none of them had weapons. none of them were violent. and anyone of them killed anyone. >> reporter: in this case the homeowner, rodney scott, the man who pulled the trigger, was never charged with wrongdoing. scott was so haunted by what happened there he never lived in the house again. e of the four, 16-year-old jose cueros, took a plea bargain. the other three teenagers, with no history of violent crime, decided to stand trial, placing their fate in the handsf a jury. >> what is your thought on how fair or not this charge ? >> to me, we all should be charged for what we done that day, but nobody committed murder, why should we be charged with it? >> serious things did ppen. and he's gone. i'm not saying i don't deserve time. >> reporter: the trial lasted four days. the teenagers were all found guilty of an adult crime. >> the decision was real hard
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i'm still torn over it. i have a hard time talking about it, really. >> reporter: 17-year-old levi was sentenced to 50 years in prison. 16-year-old blake and 18-year-old anthony sharp each got 55 years. >> i think it's insane. i think it's overkill. and i thihi it's unjust. and needs to be remedied. >> reporter: their controversial sentences drew national attention from nancy grace -- >> you've got a dead body. >> reporter: to dr.r.hil. >> were these boys thugs? >> no, not at all. >> repororr: their mothers mobilized, filing appeals to overturn what t ty believe to be unjust and cruel sentences. >> we wanan to keep the word out. we want people not to rget about these boys that are locked up and need our support. >> reporter: at the center of their appeals, that felony murder charge. >> i think the argument of just a layperson is, those boys shouldn't have been committing burglary in the first place. >> right. >> yeah.
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our point of ctention is how much punishment they should receive and what they shoul be punished for. >> reporter: the outraged moms insisting they'd take thease to the supreme court. >> these kids aren't murderers and ty don't deserve 50, 55 years for something they didn't do. reporter: when we first visited the prison in 2014, levi was 19. living on the adult side. separated from blake, who's still a juvenile. >> show me your ink. >> reporter: he is time in prison literally etched on his skin. tattoos he illicitly got behind bars. >> the hourglass is broken. to show tt it's wasted time. >> that's your sentence, 50 years. >>yes. being behind bars ain't nothing like being on the outs. this is constantly what we see everyday. this. >> depressing. >> horrible. >> reporter: and somimes dangerous. >> fight? >> reporter: while we're there an alarm. there's an incident. >> weapons team assemble. >> i hate hearing that.
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when you hear that tone ring out it gives you chills. it could be you any day. >> reporter: we find blake on the juvenile suft prison. basically. >> yeah. >> reporter: blake is about to turn 18 and will soon join levi on the adult side. >> i want to make a cake. i'm going to clean this out and just take honey buns and stuff like that, make a layered cake. >> reporter: both teeeegers still hold out hope they'll be free soon enough to make studying for their ged pay off. >> i'm trying as best i can. i don't want to be the same person when i getet out. i want to be a different person. all this stuff that i was doing out therer drinking, smoking, not doing good in school, ignoring my family, i don't want to go back to that same stuff. >> reporter: for blakekend levi, time stands still. while their mothers fight on the ououide, fueled by the
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>> oh, my heart's a-pounding. >> reporter: a breakthrough when we come back. what body aches? what knee pain? what sore elbow? what joint pain? advil liqui-gels are so fast, they make pain a distant memory nothing works faster stronger or longer than advil liqui-gels the world's choice what pain? advil. guys, it's just the two of you. the setting is just right. there's something in the air.
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19-year-old blake layman and 20-year-old levi sparks have spent the last three years of their young lives inside these walls. and they could be behindd bars for 47 more, convicted of felony murder in the death of their friend denzel johnson, though neither of them pulled the trigger. >> what do you miss whilele you're behind bars?
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thth's basically all it is, just family. >> reporter: on the outside, their families haven't stopped fighting for their freedom. >> right now it's like keep the prayers going and just keep supporting these boys and hopefully the supreme court will see it different. >> blake layman, levi sparks, anthony sharp jr. -- >> they're convicted of the crime of felony murder. >> yes. >> no other counts on which there was convictions? >> correct. >> what happens? >> my understanding is that they would be returned back to juvenile court, some of them would, to stand for a waiver hearing on just the burglary. >> reporter: finally after years of appeals their fight paying off. >> this morning the indiana supreme court overturned murder convictions of three of the so-called elkhart four. >> reporter: the indiana supreme court overturns their controversial felony murder convictions. >> basically ruled that there
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have foreseen that there would be a d@ath, and consequently that the felony murder rule shouldn't apply here. >> reporter: the young men now have hope for a chance at a real future. but they must wait to hear what their new sentences will be. >> how do you feel about today? >> nervous. real nervous. excited. >> reporter: and on this cold january morning, the mothers of three of the elkhart four are anxiously awaiting news of their son's fate. >> what i'm hoping happens that they just time served and they can come home. >> reporter: but burglary carries a sentence from six to 20 years. so they may still have a lot more prison time ahead. >> everyone back. >> reporter: hours later the moment they've been waiting for. they emerge joyous. layman and sharp are sentenced to ten years in prison. levi to nini. a fraction of the 50 years they've been facing. and with time already served and time cuts for good behavior and completing his ged, levi will be
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>> we got justice today and that's what we wanted. that's where we've been. >> i'm very glad it's over. >> reporter: april erdos' final drive to wabash prisoso is here at last. >> he's going to have all kind of emotions when he gets out. >> i was extremelyly nervous. like my palms got sweaty. i was in there shaking. as soon as he said nine years i was like, whoo! i knew i was going to behome. >> i don't -- i think i'm going to be speechless. i'm just going to hug him. give him hugs like he'sever had one before. did you see uncle levi? oh, i see him. you're free, levi! thank god you're home. >> yeah, it's all over with.
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>> reporter: a mother's heartache finally over. >> a car. >> how's it feel? >> a car. >> reporter: these are his first few moments ofreedom. >> good. >> i can't imagine what you're feeling. >> god. that place was hell. >> reporter: a family road trip back to elkhart filled with simple pleasures. phone calls from loved ones. >> what is this? >> reporter: a new play list. >> i'm notaying anything. no, i'm not singing. absolutely not. >> look at mom. >> reporter: the first post on facebook. >> what are you doing? >> posting on facebook. we have levi, on our way home. all right?
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is bittersweet. he's leaving behind his best friend. >> blake gave you a hug good-bye this. >> uh-huh. he has about two months left. >> that's what i thought. >> yeah. >> reporter: by the time they alive in elkhart it's dusk. more family and friends are waiting to share a dinner of his own choosing. >> i already told everyone, once i get out i'm jumping into subway. we're going to get a sweet onion chicken teriyiyi with bacon, an ons, pepper, jalapeno sauce. >> reporter: a subway sandwich years. >> yum! >> bye! it's grgrt. just thankful. just thankful that i gotot second chance. >> haven't really had a chance
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i know it's going to be good. >> reporter: for levi his years served in prison perhaps not time lost but through self-reflection and wisdomm gained, a life redirected. >> with this blessing you know, i'm not going to start going out and doing stupid stuff again, you know. i'm a grown man now, i need to start doing what grown men do. that's get their life on track d live life in a positive way. that's what i plan on doing. >> reporter: for "nightline," i'muju chang in carlisle, indiana. >> and w want to thank juju chang forhat remarkable report, as well as call mary productions for hare help with that story. last week the last of the elkhart four, jose cueros, also hah his felony conviction modified to burglary. he's$ expected to be released this fall. the leaked audiotape of kanye west reportedly freaking out backstage at "saturday night
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(vo) making the most out of every mile. that's why i got a subaruuimpreza. love. it's what makes a subaru, a subaru. finally the latest development in a loud and busy week for kanye west. this fresh twist comes in the form of a leaked audiotape. >> they took me [ bleep ] stage off of "snl"-- >> the rant heard round the world. >> don't [ bleep ] with me. >> the audio clip allegedly of kanye west backstage at the "saturday night live" studios
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york post's" page 6. west appeared to perform "high lights" live for the first time. we only making the highlights >> a source close to west todd abc news he got angry when producers removed part of his carefully designed set shortly before he was supposed to take the stage and that this outburst was from a private venting session. during his tirad he claims to be 50% more influential than several historical figures. >> bro, by 50%, stanley kubrick, apostle paul, pipisso, [ bleep ] and escobar. 50% more influential than any other human bing. >> reporter: he takes aim at taylor swift. >> add taylor swift. >> reporter: this is not kanye's first outburst, this isn't his first outbrs about taylor swift. >> reporter: the bad blood between the two dates back to 2009 at the vmas when kanye
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she was accepting her best female video of the year award -- >> i'm going to let you finish but beyonce hadne of the best videos of all time. >> reporter: last week he released "famous" whichncludes derogatory lines about swift. i feel like me and taylor might still have sex >> reporter: swift, who sang "out of the woods" and stad out of the drama at this year's grammys said this after winning album of the year. >> there are going to be people along the way who will try to undercut your success, or take credit for your accomplisents or your fame. you'll look around and youill know that it was you and the people who love you who ppt you there. the american dream. >> reporter: sometimes it all falls down. rut in the immortal words of somebody named kye west that that don't kill me can only make me stronger.
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west. thank you for watching tonight. tune into gma first thing in the morning and as always we're online 24/7 on our "nightline" facebook page and abcnews.com. thanks again for watching and gwod night. >> laurie: developing tonight. the president of the united states is going to cuba and we now know when. >> calvin: the official details are coming in an announcement tomorrow morning but local 10
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victor has what we learned so far. victor? >> reporter: this is the first time in 8080ears a president visits cuba. it's planned for march 25th and 22nd and comes 15 months after the pledge to re-open plomatic tiesbetween the two countries and since then witnessed diplomatic talks. tonight we caught up with the ngresswoman iliana ross lathem but first reacting to the news at a town hall. >> there's no elections in cuba or choice in cuba. so my problem is i want the relationship between the u.s. and cuba to change, but it has to be reciprocal. >> so the president is in fact going the only latin american dictatorship and does that make us any safer to have a cuban embassy in washington? it makes us less safe.
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of cuba in any way? not at all. >> the last and only sitting u.s. president to visit cuba? calvin coolidge in 1928. the next dates expected on march 21st and 22nd. the rolling stones arere expected to perform and the tampa bay race will be playing a game as well. -- rays will be playing a game as well. a busy weekekd. >> calvin: we'll be there for the historic visit by president obama. join me and local 10 news reporter live in cuba wi just over a little bit over a month from nowow >> laurie: also tonight women showing up at south florida nagogues asking questions and rattling nerves. the scares serious enough to get the fbi involved. >> calvin: and it has the south florida jesh community on high alert tonight. tocal 10 news reporter janine stanwood is live in north miami beach. janine? >> reporter: calvin, laurie, detectives here in north miami beach and the fbi are involved,
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