that he murdered joe sonnier in exchange for three silver bars from dr. mike dixon. >> you're in the courtroom, he is on the stand, all is well. >> it wasn't all well very quickly. >> that's because dave shepherd pulled a fast one. when he got on the stand, he told the court he had lied about attorneys told me i needed to sell it. >> dave shepherd's about face was pure gold for defense attorneys. >> were you surprised when he did that? >> that's what he consistently told me. no, mike did not pay. he did not want anybody harmed. that was all me. mike didn't have anything to do with that. so i was prepared for what he had to say. we didn't disclose it to the prosecution, and i think they is going on in the minds of the jors after seeing dave shepherd come in and spin that awful tail. >> joe's son was right to worry. as it turned out, the jury was hung. a mistrial was declared. the family was distraught. >> he walked in, and without missing a beat, looked us straight in the face and said to us, guy, i'm so sorry this happened but we're going to turn around a

that he murdered joe sonnier in exchange for three silver bars from dr. mike dixon. >> you're in the courtroom, he is on the stand, all is well. >> it wasn't all well very quickly. >> that's because dave shepherd pulled a fast one. when he got on the stand, he told the court he had lied about his confession was a complete fabrication. dave said he acted alone, and that dr. dixon had nothing to do with the murder. >> am i shocked that he acted the way he did? am i shocked he acted like a con man, no. to do the things he did, no, i didn't see that coming. feet. >> yeah, it was something when 20 something years of doing this job, i had never -- i've never like that before. >> there weren't any cameras in court capturing the drama, but there was one in jail. weeks later, when dave confided in his daughter rachel. >> it was a careless accident. nobody is responsible except me. you need to understand that. it was not intended. i wasn't paid do that. >> why would you make a statement that mike paid to you do it if he didn't pay you to do? >> because my attorneys

joe sonnier was inside his house, looking right at him. i wave at dr. sonnier and get i walked to the window and he lowered the window about this far from the top down. >> what happens when you walk up to the window? i pulled the gun out of the bag, i point the weapon, discharge it several times. after three or four discharges, feet. falls to the ground. times. he's running across to the i believe the garage. >> so he runs down that hallway, he is out of sight from you? >> yes, sir. >> what do you do next? >> i pushed the window in. i don't know if he's going for a gun. i don't know if i ever hit him. i don't know what's happening. so i push in the window, crawl in. >> so you were in, and you have an empty gun. >> yes, sir. >> and you go in there, what >> i pretty much run around the corner as fast as i can so i can intercept him if he has a weapon and he's going oh come after me. as i turn around, down the hallway, right into the garage, he's laying on the floor. >> not moving? >> not breathing, nothing. i check his pulse in his neck. he's dead. >> but