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PRIMETIME JUSTICE WITH ASHLEIGH BANFIELD

Bishop Assaulted Mid-Service; Home Owner Shoots Teen Prowler; College Students Beat Child in Group Home; Vandals Strike Historic Cemetery; Hero Passenger; Stolen Car Triggers Amber Alert; Cop Accused of Taking Money from DUI Suspects; Possible Overdose. Aired 8-9p ET

Aired January 31, 2017 - 20:00   ET

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


(BEGIN VIDEOTAPE)

[20:00:00] ASHLEIGH BANFIELD, HLN HOST (voice-over): Here`s something you don`t see every day at church.

UNIDENTIFIED MALE: Forgive us our sins and bring us to everlasting life.

BANFIELD: A bishop attacked at the altar seemingly out of the blue.

UNIDENTIFIED MALE: Some people ducked. Others screamed.

BANFIELD: Thank God for those who stepped in.

Alone in his rural farmhouse, a man grabs his gun as a carload of prowlers ends up on his porch.

UNIDENTIFIED MALE: One of the subjects spoke that they were casing the joint.

BANFIELD: Shots ring out, and now a wannabe teenage burglar is dead.

UNIDENTIFIED FEMALE: But nobody deserves to die like that.

BANFIELD: But does the farmer deserve to be charged? What would you have done?

The savage beating of a young boy that`s gone all the way to the governor`s office.

UNIDENTIFIED MALE: I saw this video. It is deeply disturbing.

BANFIELD: Now two college students have been kicked out of school. But shouldn`t they be headed to jail?

A deserted graveyard.

UNIDENTIFIED FEMALE: It`s a beautiful cemetery.

BANFIELD: A zombie-like figure, but this creepy thug was very much alive and destroying headstones of historic heroes and famous families. And if

that`s not enough, he was burning Old Glory.

Bodycams catch a lot of things.

UNIDENTIFIED MALE: Clearly wasn`t expecting this to be on film, I`m sure.

BANFIELD: But is this cop supposed to be stealing cash from the suspect he just arrested?

UNIDENTIFIED MALE: The guy just takes two $100 bills out of the client`s wallet.

BANFIELD: A bus driver attacked from behind. But a good Samaritan throws down with his cane!

UNIDENTIFIED MALE: Get off her!

BANFIELD: You want this guy in your foxhole.

UNIDENTIFIED FEMALE: I love you so much! And I don`t even know him.

(END VIDEO CLIP)

BANFIELD: Hello. I`m Ashleigh Banfield. This is PRIMETIME JUSTICE.

You`d be hard pressed to find a place -- most of the time, anyway -- that is more tranquil, more peaceful, more serene than a church. So that`s why

what happened at the Cathedral Basilica of the Sacred Heart in Newark, New Jersey, is just a crazy mystery. It`s truly bizarre.

During a recent mass in front of an entire congregation, as the priest was addressing the followers from the altar, as they typically do, the

unthinkable happened. Somebody was rolling tape as a man named Charles Miller, who was impeccably dressed, got up out of his pew, walked to the

front of the church and then did this.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: The almighty God have mercy on us, forgive us our sins and bring us to everlasting life.

Am I bleeding?

(END VIDEO CLIP)

BANFIELD: Yes, Manuel Cruz, the bishop, was bleeding as he was lying there after being cold-cocked right in the mouth. In the aftermath of that

punch, you can see the altar server shielding him, protecting him, groping (ph) him, comforting him and protecting him from harm. You can hear

someone suggesting the hospital, security guards rushing the altar, security guards! That bishop needed 22 stitches to sew up the injuries to

his mouth.

For his part, Charles Miller was taken into custody. Charles Miller is still in jail tonight. And this is him as he walked down the aisle,

impeccably dressed, after what had just happened, parishioners astounded watching him go.

So tonight, the officers just do not have the answer to the burning question. For the love of God, what made him do it? Mark Bonamo witnessed

the attack on the bishop. He was in the congregation. He`s live with me now.

I couldn`t believe my eyes when I saw it, and I wondered if there`s something I`m not seeing from that video. You were in the church. What

did it look like? What happened?

MARK BONAMO, WITNESS: Well, obviously, what happened, was very shocking and horrific. I was standing on the left side in the pews facing the

altar. A man came out of the middle of the pews, just sauntered up to the front, got very close. One of the police officers almost got his hands on

him, but not in time. Mr. Miller then punched Bishop Cruz directly in the face, and then he fell back on the altar and with that horrific scene that

you can see on the video.

[20:05:00]BANFIELD: So I`m looking at a lot of people coming up on the altar. I can only imagine, Mark, that these are some parishioners coming

to help. But there`s also this phalanx of security guards. Why so many security guards in the church?

BONAMO: Well, I live in the neighborhood, and at the Sacred Heart cathedral, there are often Essex County sheriff`s officers there for high

mass at noon and also for masses like this. This was a mass in commemoration of the life of the late baseball great Roberto Clemente, who

is obviously very popular in the Latino community around the world, and particularly with Newark Latinos. Those officers were there because it was

a special occasion.

BANFIELD: Did anybody know this man? I mean, was he a familiar parishioner? Was he -- I mean, was he just a complete stranger to

everybody in that congregation?

BONAMO: Well, in some ways, he sticks out because immediately parked out in front of the cathedral was a pink Cadillac that belongs to Mr. Miller

with faux zebra interior -- kind of sticks out around town. And some people in the audience, once they realized that was his car, they said,

Yes, we`ve seen this man around town. We at least vaguely know him.

BANFIELD: Vaguely know him. So I want to play, if I can, an appearance in court because Charles Miller did make an appearance and he had something

to say. It was pretty profane, though. I`m going to play it and you can talk to me a little bit about it because as it turns out, Mark, you were

there for appearance in court, as well. Let`s take a look at that appearance.

(BEGIN VIDEO CLIP)

CHARLES MILLER, CHARGED WITH ASSAULTING BISHOP: My name is Reverend Charles Miller. My (DELETED), Newark, New Jersey, once upon a time

(INAUDIBLE)

UNIDENTIFIED MALE: (INAUDIBLE) any and all discovery in state`s possession.

UNIDENTIFIED FEMALE: (INAUDIBLE)

UNIDENTIFIED MALE: Thank you.

MILLER: (INAUDIBLE) include the bible (INAUDIBLE)

(END VIDEO CLIP)

BANFIELD: So Mark, the fact that you were in the congregation -- it`s your church. But the fact that you were in the court, it`s because you also

happen to be the editor of Tapintonewark.net. You`re a reporter, a journalist.

BONAMO: Yes.

BANFIELD: Talk to me about that court appearance. That looks like a very, very troubled man who may be dealing with some mental instabilities.

BONAMO: Yes. I mean, look, I am no doctor, but when a man appearing by livestream from Essex County correctional facility to the courtroom in

Newark almost immediately starts uttering profanities, it does not bode well.

BANFIELD: No. And you had a chance to talk to his fiancee. What did she say about this suspect?

BONAMO: Yes, she identified herself as his fiancee. She cried out when she realized he was going to be detained without bail. And then outside of

the courtroom, she did not give her name but she said, and this is a quote, "He`s a con man, and he needs his medication."

BANFIELD: Second-degree aggravated assault. This is really serious.

I want to bring in Randy Zelin, Jonna Spilbor and Joey Jackson. Joey, this victim is a priest. Does it make any difference when you`re talking about

a man of the cloth, a man of peace who ends up being an unsuspecting victim, and a man like this who may have some issues?

JOEY JACKSON, CNN LEGAL ANALYST: Well, I think it certainly aggravates it, Ashleigh. I mean, you know, first of all, it speaks to the vulnerability.

You`re in church, you`re praying, you expect that that sanctuary -- it`s a safe harbor, we`re worshipping Christ! And all of a sudden, the person

who`s giving so much love gets punched in the face.

And so ultimately, I think it certainly -- because of the nature of the offense, that`s why it`s second-degree assault and that`s why, you know,

he`s facing the jail time that he`s facing here. But you know, in the final analysis of it, he`ll be punished for the transgression because, I

mean, you don`t do this in a church. You don`t do it anywhere!

(CROSSTALK)

BANFIELD: Look at -- look at this, Randy. The priest is being, like, cuddled. I mean, honestly, he`s being, you know, cradled by the altar

server. This was a serious attack, 22 stitches.

RANDY ZELIN, DEFENSE ATTORNEY: It makes no difference whether he is a priest, a rabbi, a construction worker or a doctor. An assault does not

distinguish between...

BANFIELD: Assailants.

ZELIN: ... what you do. What I find troubling about this case, aside from the fact that it`s charged as aggravated assault -- 22 stitches is not a

serious physical injury, thank God, but more important is this notion of preventative detention. You don`t. as a judge, say, There is no amount of

bail on this planet...

BANFIELD: Randy.

ZELIN: ... that will make me...

JACKSON: You do.

(CROSSTALK)

ZELIN: You don`t remand someone...

JACKSON: You do.

(CROSSTALK)

JONNA SPILBOR, FORMER PROSECUTOR: ... that he`s coming back to court. There`s no way.

(CROSSTALK)

ZELIN: But you do not say no bail...

JACKSON: No, no. Just to be clear, the...

(CROSSTALK)

ZELIN: ... on this kind of case.

JACKSON: Just to be clear, the statute says if you represent a danger to the community, which clearly he does, you could be remanded. Now, in terms

of it not making a difference, as far as him hitting a priest, I think certainly that`s an aggravating factor. In terms of him being a priest and

hiding behind the cloth, that makes no difference.

ZELIN: If you remand him for an assault with 22 stitches, what would you do if he killed someone?

(CROSSTALK)

[20:10:00]JACKSON: They`re remanding him because he represents a danger, they`re not remanding him simply based upon...

(CROSSTALK)

SPILBOR: ... will not appear back in court.

UNIDENTIFIED MALE: The psychological reason? There`s a hearing for that.

BANFIELD: Got to leave it there, guys. Thank you for that.

Home owners have a right to protect their property, but can you shoot at suspects who are casing your property? How about this? Driving off of

your property? What if you`re all alone and you`re armed? That happened. You`re going to find out what happened to those who were casing.

And also, caught on camera, a Florida police officer allegedly pilfering cash from the wallet of a DUI suspect that he had just pulled over. Can

they do that?

(COMMERCIAL BREAK)

BANFIELD: David Allen Pettersen had an early morning scare last weekend. He woke up to find someone outside of his bedroom window, but that bedroom

window is 10 feet up on a deck, not somebody who`d wandered up to say hello.

So what do you think he did, especially given the fact that he`s a farmer who lives in rural Minnesota? He did what a lot of people would do. He

grabbed his gun. He called 911. And he confronted the prowler.

[20:15:02]Police say David Allen Pettersen did all of those things. He told the officers he fired that handgun at a gray car that was leaving that

Minnesota property.

Again, he had seen that person through his bedroom window. He had heard that person trying to open his door. Pettersen says he confronted one of

those potential burglars, who jumped off of that 10-foot deck and crawled away toward a waiting car. And make no mistake about it, one of these guys

had to be boosted up onto that 10-foot-high deck. They were planning a burglary.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: One of the subjects spoke that they were casing the joint, which they -- means they were looking to burglarize it. And the

home owner said that he was going to fire at the vehicle attempting to hit one of the tires so that law enforcement could stop and identify the people

that were involved in the home invasion.

(END VIDEO CLIP)

BANFIELD: But then Pettersen says he went inside, grabbed his .45 caliber handgun and tried to shoot at the vehicle`s tires as it drove past him on

his property. At least one of those bullets hit the driver, who happened to be a 19-year-old named Thomas Embertson. Thomas Embertson died just a

couple of miles away.

Investigators say the problem for this home owner, David Pettersen, is that the burglars were driving away. Prosecutors have now charged him with

second-degree manslaughter and the dangerous discharge of a firearm.

But does Pettersen deserve to face these serious charges for doing what I dare say many of you watching right now would do given his circumstances,

defending his very rural home?

Erik Embertson is the father of Nicolas Embertson, who was shot and killed. He joined me live from Minneapolis. Erik, thank you so much for joining me

tonight. This is a very difficult interview. As you can imagine, there are two schools of thought here, that that home owner was afraid and did

what most people would do given prowlers and potential intruders at that rural home.

And then there`s you, the father of a 19-year-old who was shot dead. Can you understand how this is a very difficult circumstance for all involved?

ERIK EMBERTSON, FATHER: Definitely. And both sides of the woodwork are going to come flying out, I`m sure.

BANFIELD: What was your son doing with those other students, with those other two friends?

EMBERTSON: Probably exactly what they said they were doing, probably had heard something over -- a friend said or they were checking the place out

to possibly steal something, but not to duct tape a family, and you know, handcuff them to their furnace.

He was the first to help. He stayed and waited for his friend to crawl across the yard. You know, he`s not going to run away and leave them

behind, but he`s not going to jump up and shoot the home owner, either. So being the home owner, I don`t know -- and obviously, the home owner knew

they were fleeing. I don`t know why he needed to discharge and fire his gun at the car.

I have a lot of concerns with just the common sense factor of this. It you`re a person that owns a gun, shouldn`t you have the common sense to

shoot it in the air or, you know, tell them to freeze, I guess?

BANFIELD: You know, can I ask you if that were you and you were alone and you were in that rural home and you woke up and saw someone out your

bedroom window 10 feet up off the ground, you might not think that these are passive people. And again, your son, he was 19. I think the other two

were 18. To him, they`re men. He doesn`t know if they`re men, if they`re boys. He knows that there`s someone trying to get into his home and he`s

alone. And when they`re on his property, fleeing or not, they`re still on that property. Would you not have tried to fire at the tires, as well, if

that is, indeed, his story?

EMBERTSON: That is a very hard question until it`s in your face. But I guess -- I`m not privy to all the information. It sounds like there`s

still quite an investigation going on. But to me, it sounds like he took the time to make a phone call. He was inside of his house. They had not

broken a window. They didn`t have a crowbar and get through a door. They were not pointing guns at him through the windows.

Maybe he could stay inside of his house and wait for the police to show up, I guess, especially when you`ve got a weapon that throws that kind of lead

at somebody. It would make sense that you could wait inside your house for the help to come. That`s why we have law enforcement. You know, if he

took the time to make that phone call, he should have known better than to squeeze that trigger at a fleeing car, I guess is where I stand.

BANFIELD: Do you think that the phone call he was making being to 911 changes this dynamic because he called 911 clearly out of fear? Therefore,

he was in fear, and the threat to him had not gone away yet.

[20:20:16]EMBERTSON: Well, to me, if you`re in fear, you crawl under your covers. You don`t go run out in your front yard and start squeezing the

trigger, I guess. I don`t know.

And that brings me back to the common sense, that you do what you feel is right. You protect your house. If somebody`s coming in your front door

and shooting at you, yes. Do you go in the front yard and shoot at a fleeing person? No. I mean, common sense, you don`t shoot somebody in the

back, you know? I don`t know. I guess.

I`m very troubled with this. And I`m troubled all way back to -- I`ve lived in Los Angeles. I`ve lived in Colorado. I`ve been all over the

country. They have a "Make my day" law that spells it out in Colorado that if somebody breaks into your house and is intending you harm, you have the

authority to kill them in your house. If they go out in the front yard and try to escape, you`re in big trouble. And maybe Minnesota needs a law like

that to display, you know, black and white, here`s how it is.

BANFIELD: If your son, Nicolas...

EMBERTSON: I don`t know.

BANFIELD: ... had, in fact, entered Mr. Pettersen`s home and met the same fate, how would you feel?

EMBERTSON: Honestly, when I found out about this, I held no hard feelings towards the home owner because I knew my son may have been doing something

he shouldn`t have been doing. But there, again, he was 19. Everybody makes mistakes. Everybody needs to make mistakes to learn, and you need to

be able to make those mistakes to learn and grow.

You don`t make a mistake and be cut off right there for that mistake, which leads me to the other part where he gets pulled over on the side of the

road by the police officer. I think the police officers and doctors, for that matter, need a little bit of padding (ph) in their profession to make

an executive decision on the side of the road and grab that kid, throw him in the police car and get him to a hospital where he can get a blood

transfusion, not call for an ambulance because he`s in fear of being sued to help this kid out.

BANFIELD: Well, I...

EMBERTSON: Again, I don`t know the situation at the side of the road, but it doesn`t make sense to me. People that buy coffee at McDonald`s should

understand that it`s hot. You know, that kind of stuff needs to stop at our judges when it gets to court. I don`t know why we believe we can just

keep flying off the handle like this and -- I don`t understand. I guess I`m off on a tangent. I`m sorry.

BANFIELD: I understand. Listen, this...

EMBERTSON: I`m still grieving. This doesn`t make sense.

BANFIELD: ... is a hard situation for you to be in. You are grieving. This was not you. This was your son. And as a parent, I grieve with you.

This is really...

EMBERTSON: He was a good kid. He would have helped that guy out...

EMBERTSON: I can imagine the whole family`s torn.

EMBERTSON: ... if that guy needed it.

BANFIELD: Mr. Embertson, thank you. Thank you for being with us. I do appreciate your input into this. We`ll continue to watch as this continues

forward in the justice system.

EMBERTSON: Thank you.

BANFIELD: Two college students kicked out of school, not charged with any crime yet, but this was why it happened, video surfacing of a brutal

beating. That`s a child, a child being punched and kicked and thrown to the floor of a bathroom near a toilet. It`s a case of abuse so troubling

that the governor has been involved.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: I think my dad`s dead! He`s not waking up or anything.

911 OPERATOR: Do you know where exactly you are?

UNIDENTIFIED MALE: No, I have no clue!

(END VIDEO CLIP)

BANFIELD: The horrifying and heartbreaking 911 call from an 8-year-old whose dad is unconscious in the front seat.

(COMMERCIAL BREAK)

[20:26:58]BANFIELD: An abuse case involving a boy inside a group home has gone as high as the Missouri governor`s office. Two students at Southwest

Baptist University have now been kicked out of that school after some extraordinarily disturbing video surfaced of a brutal beating. And when I

say that, that`s a warning. I`m about to show you a portion of it, and it is disturbing.

It all begins in a bathroom, one of the students allegedly struggling with the boy, nearly hitting the toilet. He goes to pick him up and then begins

punching him. The boy is lying there nearly motionless when a second student comes in, kicks him and tries to drag him to his feet. Missouri`s

governor appalled by the video.

(BEGIN VIDEO CLIP)

GOV. ERIC GREITENS (R), MISSOURI: Both as your governor and as a father, I can tell you we will not stand for this. It is doubly disturbing because

it appears to have taken place in a facility that was responsible for the protection and care of some of our most vulnerable children. Someone

abuses a child, they will face the full force of our justice system.

(END VIDEO CLIP)

BANFIELD: Want to bring back Randy, Jonna and Joey. It is never easy when you see videos like that. Not easy to watch. Not as easy to prosecute.

It`s not so clear. But Jonna, they know at least that two kids, university students, have been turfed (ph) out of the university. Why no charges?

SPILBOR: You know, I don`t know if it`s because -- are all of these students suffering from developmental delays or just the student that

was...

BANFIELD: Well, here`s what`s weird.

SPILBOR: ... beat up?

BANFIELD: I asked all these questions today. They are so tight-lipped about this case. The university will only say they were university

students. They`re no longer. Right? The -- there`s no confirmation as to whether they were visiting this group home. We do know at least that

there`s a report that they were not working in connection with the university in the group home.

But I have covered crime for a long time and I get a lot more information than that when video like this surfaces!

JACKSON: You know, Ashleigh, it`s still early, though. It`s not to say that they won`t be charged. Look, I`m an advocate for whether college

students, younger kids. It`s about rehabilitation. I get that.

But there has to be some type of punishment when there`s a lack of humanity like this. When you`re 19 years old, or you`re a college student, you

should know better that it is not nice, it`s not cool and it`s unlawful, in fact...

BANFIELD: My 9-year-old...

(CROSSTALK)

BANFIELD: My 9-year-old knows better than this, for God`s sake!

(CROSSTALK)

ZELIN: The reason why everyone is so tight-lipped -- we just talked about it. You`ve got the governor already pointing the finger at the home.

You`ve got -- the Department of Social Services may be on the hook because these kids and the university were not properly vetted, not properly

screened by social services.

What were these kids doing in there taking care of -- you want to take about a vulnerable victim?

BANFIELD: But we don`t know that!

ZELIN: Those are vulnerable victims.

BANFIELD: Can I tell you something? They won`t even confirm or deny if these assailants were working in the home or visiting the home.

(CROSSTALK)

[20:30:00] SPILBOR: But it was a group home and there should have been security so that you can`t beat somebody up for 10 minutes, or however long

this attack took place for!

BANFIELD: Can you roll that tape again, guys, so that we can be real clear that you can see two assailants.

(START VIDEO CLIP)

BANFIELD: And you can clearly see somebody is holding the camera. Joey Jackson.

JACKSON: Yes, ma`am.

BANFIELD: . somebody thought that this was good video.

JACKSON: Yes, they did.

BANFIELD: What happens to that somebody?

JACKSON: I think that somebody, depending upon what they`re doing, is not simply a bystander, you can argue that they`re aiding, they`re abetting,

they`re importuning, and as a result, you`re acting in concert with the one who`s actually engaged in the beating.

ZELIN: But you run into a huge problem.

(END VIDEO CLIP)

ZELIN: Because that`s the witness that you need to put on the stand.

JACKSON: No, you don`t.

ZELIN: . to authenticate.

JACKSON: You don`t.

ZELIN: . the video.

JACKSON: No, no, no, you don`t.

ZELIN: You absolutely.

JACKSON: The reality is that the video speaks for itself.

SPILBOR: Right.

ZELIN: Evidence. Somebody`s got to put it into evidence.

JACKSON: It`s absolutely going into evidence.

(START VIDEO CLIP)

JACKSON: Particularly in this environment where you have Facebook live.

(CROSSTALK)

SPILBOR: And those perpetrators are going to roll on the camera guy for sure.

BANFIELD: You know what? It got posted to Facebook by someone who`s remaining anonymous, somebody who reportedly said they were football

players. We haven`t been able to confirm that either. There is so little information about this, and I am reminded of what happened in Chicago with

those four kids.

JACKSON: That`s right.

BANFIELD: . who were hauled in for assaulting a special needs student and the action happened swiftly. We knew who they were. We knew they were being

charged with. They were denied bail. There were mugshots. It happened swiftly so the rest of us could understand what the hell was going on.

ZELIN: Right now, everybody is running for cover, everybody is hunkering down because someone is in a lot of trouble.

BANFIELD: Someone is in a lot of trouble.

JACKSON: Justice is going to come. Justice delayed will not be justice denied. This is lack of humanity and shall be prosecuted is my prediction.

(END VIDEO CLIP)

BANFIELD: Speaking of justice, I got an update on a story that we`ve been covering here on "Primetime Justice" last week. We told you about an 18-

year-old boy named Riley Gaul.

(START VIDEO CLIP)

BANFIELD: Former college football player, big accusation. Stalking his girlfriend, killing his girlfriend, a 16-year-old ex-girlfriend. He is now

out of jail because he was able to post a $1 million bond. You`ll remember that it was Emma Walker who was killed in her bedroom when she was asleep

in her bed. Riley Gaul is facing the charges of murder and stalking. He could be sentenced to death if he is convicted. She was shot through her

bedroom window.

(END VIDEO CLIP)

BANFIELD: A historic cemetery has been defaced. You hear about this all the time.

(START VIDEO CLIP)

BANFIELD: But this has a real weird picture that comes with it. Looks a bit like a zombie. This is the final resting place of American heroes. Famous

politicians. Even the grandfather of a presidential family, the Bushes. And finally, these ghost-like images have captured the vandals in the act. And

there are millions in damages.

Plus, a bus passenger coming to the rescue of a city bus driver and doing so using a cane. And it worked.

(END VIDEO CLIP)

[20:35:00] (COMMERCIAL BREAK)

BANFIELD: There`s not much lower you can go than defacing the graves of the dead. And police in Ohio say a group of vandals has struck the same

cemetery at least 14 times in the past several months. This time, one of them got caught on security video. Lucky for us.

(START VIDEO CLIP)

BANFIELD: But he`s weird looking. Look at him there, looming in the dark. He looks like a zombie in the graveyard. That`s a fire burning in the

background. I`m going to tell you what it was in that fire in a moment. But in one of the ghostly images, you can almost make out the face of this

creep as he`s walking away from the flames that he left flickering in his backdrop.

And to say that Green Lawn Cemetery is historic is the understatement of this show. Samuel Bush is buried there and, yes, that Bush family.

President George H.W.`s grandfather and President George W.`s great- grandfather. You can even see the resemblance between all three. It`s also the resting place of five former Ohio governors and two mayors of Columbus.

Not to mention World War I`s greatest flying ace, Eddie Rickenbacker. Congressional medal of honor winner from the civil war, Frederick

Phisterer. Former U.S. Rep Allen Thurman. Grace Bird Kelten, who is rumored to be the ghost who haunts the Kelton house. And Thurston the Magician,

close friend of Harry Houdini. Just to top it off, these traitors, the fire you were watching, American flags.

(END VIDEO CLIP)

BANFIELD: They burned the American flags that they had gathered up from all of the veterans` grave markers and they burned them. Randy Rogers is a

volunteer board member for Green Lawn Cemetery, joins me live now from Columbus. Randy, thanks for being with any. Is this the same group over and

over that has now caused, as I see, about $1.2 million in damages?

RANDY ROGERS, VOLUNTEER BOARD MEMBER FOR GREEN LAWN CEMETERY: We believe so. We believe this is the same one to three individuals that have come in

time after time. They have some sort of an ax to grind. And we -- there`s just too many similarities, so we do feel it`s the same people.

BANFIELD: And I thought this was a typo, but I think it`s accurate, 600 different markers at your cemetery have been damaged.

ROGERS: Yes. In one night, August 14th, they destroyed 109 markers in one night. Either toppled them over or broke them.

BANFIELD: So why is it just now after, you know, gosh, I think it`s a better part of over a year now, started in fall of 2015, why now is the

video capturing the images? Did you finally decide, that`s it, we`re going to start, you know, putting up video surveillance to find out who`s doing

this?

ROGERS: Yes. They hit us just a couple times at the end of last summer.

[20:40:00] And we put up some additional cameras at that time. And then the weather turned cold and they left us alone for a long time, and they

restarted in August. And once we realized that they were coming back time after time, we really started ramping up the number of cameras and also

making other changes to our security and working with local law enforcement.

BANFIELD: Do you have any clues? Do you think you know? Are you on to anybody?

ROGERS: There have been a couple persons of interest surfaced in the case, but so far we just haven`t gotten that tip or that one piece of evidence

that, you know, really nails s it down to an individual.

BANFIELD: What about the forensics, fingerprints, hairs left behind, anything the police have been able to gather to get closer?

ROGERS: No. And unfortunately, being outside and exposed to the elements, it`s difficult to gather that sort of material from some of these old

tombstones.

BANFIELD: So one thing I read that I found so distressing, the fact that this is so historic is part of the problem. A lot of the families are --

they don`t have any descendants left. I mean, you can`t get money from the dead if there`s no one left to pay to fix these, you know, destroyed

tombstones. How are you going to do it? How are you going to fix this mess?

ROGERS: That`s one of the big challenges. And we`ve had some community help. The Columbus Landmarks Foundation did a history tour just this last

weekend and donated all of the receipts for the tickets and we had a lot of individual donations. We have a Go Fund Me page, restore Green Lawn

Cemetery, and that`s been very active since we started publicizing this photo.

So we are starting to raise money, but we`re 170 years old, and there are families that are gone or we haven`t had contact with in 100 years to try

to rebuild some of that. It`s so overwhelming, the amount of research that has to go in to find descendants. So we have students from Columbus State

Community College. They`ve been coming out and helping us map the damage and try to build that list.

But it`s really a matter of us stepping in to protect the history and the beauty of the cemetery and trying to raise money. Some of the families have

been involved. Some of the families have repaired some of their markers. So it`s really a community effort and it`s going to take a huge community

effort to get this done.

BANFIELD: I just have a couple seconds left, Randy, but I wanted to ask you, have the Bushes reached out? Have you been able to talk to them? I put

up those pictures of the three Bush generations. You can really see the resemblance on that grandfather.

ROGERS: Right. They have not -- their family lot has not been damaged so thankfully they have not been directly impacted. We would love to give them

a tour sometime, though.

BANFIELD: You know what, Randy, I can tell you this, I just hope that Grace Bird Kelton haunts whoever this is. Whoever has done this. I hope that

Grace is after them. And I wish you luck, sir, as you try to raise money to fix that. I`m such a history buff and it`s just so distressing to see that.

It`s so pointless and it makes me angry and I`m glad you joined us. Thank you, sir.

ROGERS: Thank you.

BANFIELD: A Florida police officer is out of a job tonight. Might be a good reason.

BANFIELD: This is his body camera catching him allegedly stealing money out of the wallet of a DUI suspect that he arrested. And then there`s this.

(START VIDEO CLIP)

JESSICA PICKETT, CHARGED WITH MISDEMEANOR FALSIFICATION: My car -- my car was just stolen.

UNIDENTIFIED FEMALE: Okay. Okay, hold on.

PICKETT: My child was in the car.

BANFIELD: My child was in the car, obviously frantic. This 911 call. It triggers an amber alert for the missing 4-year-old girl, only it wasn`t

true. So why would a mom allegedly lie about such a thing?

(END VIDEO CLIP)

[20:45:00] (COMMERCIAL BREAK)

BANFIELD: Daytona Beach, Florida, I love that place, but not when I see video like I`m about to show you. It`s body cam video that`s not showing

police at their best.

(START VIDEO CLIP)

BANFIELD: The officer wearing this camera is alleged to be here pilfering money out of a wallet of a DUI suspect that he just arrested. And tossing

that money into the trunk of his car. It`s hard to see but it`s there. Uh- oh. Closing the trunk. Getting back in the cruiser. We should mention the deputy, John Braman, has not been charged with anything at this point.

They say they`re still investigating this. But there is something else about this officer, might change your mind. He was awarded the Medal of

Valor, Purple Heart, and named sheriff office`s 2011 Deputy of the Year after he was shot in the shoulder after a confrontation with a suspect, so

he`s kind of like, Joey, a hero in the bureau if what they`re saying about him on the body cam is true.

(END VIDEO CLIP)

JACKSON: Son you can get a commendation, do something really good, and then resort to a life of crime and hide behind the fact I got a commendation

once.

BANFIELD: Alleged, alleged, alleged, not even charged.

(CROSSTALK)

ZELIN: It takes a lifetime to build up a reputation and one second to destroy it.

BANFIELD: Takes one body cam video.

SPILBOR: Yeah, that`s true.

JACKSON: For stupidity, that should be the end of it.

[20:50:00] BANFIELD: You want to talk about reputation, I want to take you to Columbus, Ohio, right now. Jessica Pickett is about to face some serious

charges. Why, you ask? I knew Randy was asking. I could tell by his eyes. She called 911 saying that her car had been stolen and that her child was

in the car. That is real serious. You can imagine how panicked she would be. Have a listen.

(START VIDEO CLIP)

UNIDENTIFIED FEMALE: 911, where is your emergency?

PICKETT: I want to report somebody stole my car. Ma`am, he just pulled off in my car.

UNIDENTIFIED FEMALE: Okay. You have to calm down.

PICKETT: My car, my car, my car was just stolen. Okay. My car was just stolen.

UNIDENTIFIED FEMALE: Okay, hold on.

PICKETT: My child was in the car.

(END VIDEO CLIP)

BANFIELD: You noticed how the baby part came late in the call?

(LAUGHTER)

SPILBOR: I was just thinking that. She should have led with that.

ZELIN: No, not my car, it is my baby, not my child was in the car.

BANFIELD: My baby`s -- the car -- my baby`s gone. There`s a good reason. There`s a good reason. The baby wasn`t in the car, right?

JACKSON: No.

BANFIELD: Baby wasn`t in the car. However, dozens of police officers, a helicopter, a K9 unit, a sexual assault division were all looking for this

4-year-old kid, right? And then comes in this 911 call from a tipster. Have a listen.

(START VIDEO CLIP)

UNIDENTIFIED FEMALE: I`m trying to call in about the Amber Alert.

UNIDENTIFIED FEMALE: Okay.

UNIDENTIFIED FEMALE: Okay. She`s not missing. So I don`t know what the situation might be. Her mom issued the Amber Alert but she is at her aunt`s

house.

(END VIDEO CLIP)

BANFIELD: She`s at her aunt`s house. I love the tone of voice of that call.

JACKSON: That`s a little problem. It`s called filing.

ZELIN: Filing a false report.

JACKSON: But you know.

SPILBOR: Filing a misdemeanor.

JACKSON: What`s interesting, though, is that the person who was the victim ultimately ends up being the defendant, right? She gets her car stolen, so

she`s the victim.

BANFIELD: Right.

JACKSON: . and now she`s the defendant because she went a little too far.

BANFIELD: Because, guys, the car really was stolen.

ZELIN: She`s 90 percent right.

BANFIELD: Yeah.

SPILBOR: But you can`t go filing false police reports and sending the cops on a wild goose chase.

BANFIELD: Here`s what I want to know, Jonna, if I live in that community, I would be steaming mad that she cost me that many tax dollars.

SPILBOR: Right.

BANFIELD: Does she have to repay them? Is there restitution in a charge like this?

SPILBOR: There could be restitution but does she have the ability to pay the restitution? She might be scrubbing toilets in jail for a little while

instead.

BANFIELD: She should be giving us the car is what I say. I`m mean about these things. I don`t like liars.

JACKSON: Good reason you`re mean about them. Diverts resources that are needed for other things.

SPILBOR: Right.

BANFIELD: Okay. Other things you`re going to see as well that you`re going to love. Stranger assaulting a bus driver.

(START VIDEO CLIP)

BANFIELD: But then this awesome passenger jumping into action to break it all up using none other than his cane. And man did he do some damage with

that cane. You`re about to find out what.

(END VIDEO CLIP)

[20:55:00] (COMMERCIAL BREAK)

BANFIELD: There`s a 911 operator in Waukesha, Wisconsin who got a call that will just melt you and break your heart all at the same time. Have a

listen.

(START VIDEO CLIP)

UNIDENTIFIED MALE: I think my dad is dead. He`s not waking up for anything.

UNIDENTIFIED MALE: Do you know where exactly you are?

UNIDENTIFIED MALE: No, I have no clue.

(END VIDEO CLIP)

BANFIELD: That little kid in that car with his two other siblings ages 6 and 4 apparently was watching dad slumped over, police say ODing in the

driver`s seat. Thank God a good Samaritan came by and was able to get police to that location. And the good news is that the dad survived, so

those kids still have a dad.

But when we all talk about this heroin overdoses and these pictures that we see, it`s so distressing. Police say that they don`t think it was heroin,

they do think it was an O.D. However, we don`t know anything about names or charges, just that call.

Now, I`m going to take you to Kansas City, Missouri. There`s this guy named Rodney Goldman who you want in your foxhole with you. Let me just explain

what you`re about to see. A bus driver gets attacked from behind by this crazy passenger, crazy. And he`s not letting go. And then along comes

Rodney from behind with his cane. Take a look.

(START VIDEO CLIP)

UNIDENTIFIED FEMALE: Get your hands off of me.

(YELLING)

RODNEY GOLDMAN, BROKE A CANE FIGHTING OFF ANOTHER MAN: Get over here. Get off.

BANFIELD: That`s Rodney saying get over here.

(END VIDEO CLIP)

BANFIELD: Like he`s giving him the gears, the business. Anything else you want to say -- that guy, that perp, took off and then kind of looked back

on the bus and Rodney was like, yeah, I got more, more where that came from. So obviously you would want to meet Rodney, right, especially if that

bus driver. We don`t have her name, but we do have Rodney`s name, and this is what it looked like when the two of them reunited.

(START VIDEO CLIP)

GOLDMAN: In case I had to put it on somebody again, I wouldn`t have to put it on them too bad. If I`m on the bus and it happened again, I`m going to

do the same thing, you know, because, like...

UNIDENTIFIED FEMALE: Hey, you know what?

GOLDMAN: Like I said, I`m.

UNIDENTIFIED FEMALE: I know that, too. I know that.

GOLDMAN: I`m here.

(END VIDEO CLIP)

BANFIELD: I`d have done the same thing. Randy, good guy. You got to admit.

ZELIN: I`m sorry, the guy`s down on the ground, he is helpless. Rodney, I think went just a little bit overboard.

SPILBOR: He saved a bus full of passengers, all four of them.

BANFIELD: I believe it.

ZELIN: Self-defense.

JACKSON: Rodney -- Rodney is my hero. So Randy Zelin who defends everybody thinks that Rodney should be prosecuted. It`s an outrage.

ZELIN: That`s an assault. Aggravated with a weapon.

BANFIELD: Tell you what happened. Rodney`s cane was broken in that fending off, and he got a new one.

JACKSON: You can roll with me any time, Rodney.

SPILBOR: And some bus tickets.

BANFIELD: And he got some bus tickets, too. I`m with Rodney on this one. Thanks to have you all. Nice to have you, too. Thanks so much for being

here. We`ll see you right back here at 8:00 tomorrow night for PRIMETIME JUSTICE. "FORENSIC FILES" gets under way right now.

[21:00:00]

END