In self-defense cases, the key legal standard is whether the defendant had a reasonable belief that deadly force was immediately necessary to protect themselves, and whether the force used was proportionate to the threat faced. A person is justified in using deadly force when they reasonably believe it is immediately necessary to protect themselves against unlawful deadly force. The proportionality principle means that defensive force must match the severity of the threat—using deadly force (like a knife) in response to a minor threat (like a shove) may not be considered justified. The Carmelo Anthony trial demonstrated how these standards apply when a 3.7 GPA student with a pocket knife stabbed a 17-year-old who had shoved him, with the jury determining that the force used was disproportionate to the provocation.
A Lawyer Breaks Down The Karmelo Anthony Verdict
Added:Mhm.
>> Mhm.
>> Woah, what's going on, guys? Welcome back.
>> [clears throat] >> Welcome back to another one.
Hope all is well. Hope everybody is doing well.
Uh let me just set this up.
I'm going to listen to a lawyer give his reaction.
Because cases like this, I want to know exactly um what exactly is going on as far as um the breakdown as far as the law is concerned.
That's what I want to go over. Um what's interesting is I was listening to this other lawyer.
I don't know if you guys remember him.
Um I forget the sister's channel. Um she was interviewing uh David Otunga.
Um you guys probably remember remember him from reality TV or wrestling. Well, he's also an attorney.
And he said he he's curious to know what their angle was as far as the defense.
Because they didn't bring on any expert witnesses.
You know, usually a defense they'll bring on one of their expert witnesses. Um you know, or they more than they they should have brought on more people to testify than they did. So, he was like he wondered what their angle was.
And um he said you really got to go by what the law is saying as far as what reasonable force is.
And the the sister did bring up that situation I had talked about last night in New York involving uh Daniel Penny when he choked out that Michael Jackson impersonator on the train.
And what's interesting about that case is the guy was on the train saying he was going to kill people, but he actually didn't touch anybody.
And then Penny choked him out because of it. He felt as though he had an obligation to you know, to subdue him.
But in that situation Penny got off. I I forgot he he got off. He didn't get he didn't get convicted of um manslaughter. He actually beat that case.
He's found not guilty.
But damn, I mean the guy he just said what was going to do. He didn't actually act on it.
Um but, you know, you can take it for what it's worth there.
I honestly thought I honestly thought he should have got convicted because he should have just minded his own business.
Um you know, the guy, yeah, he was making threats and stuff, but he wasn't touching nobody. You know, people on a on a train, there's crazy people on the train all the time. You just, you know, ignore as long as they don't touch you.
Now, every now and then you'll have somebody on the train that will try to get at you, but it's very rare.
The only reason why I say it's very rare because there's thousands of people take the train every day and thousands of people are not getting injured.
But, anyway, we're going to get into um what this lawyer had to say cuz he was like, you know, he said the stacks were it was an uphill battle for Carmelo to fight this case.
It was really an uphill battle. He needed different strategy to actually uh try to convince the jury otherwise that it was justified of justifiable force.
All right, let's see what's going on here.
>> putting their hands on you, would it be okay to slap him?
Would it be okay to trip him?
Would it be okay to hit him with an object? Would it be okay to push him down and step on his neck? Would it be okay to use a knife? Would it be okay to use a gun?
So, that's kind of, you know, what they call a force continuum in a sense.
I mean, a very crude one. Let's take a look at the jury instructions, because that's where the rubber really meets the road. So, you have the standard ones, presumption of innocence, burden of proof, um then you have the elements of manslaughter. And manslaughter is that's that's that heat of passion that they were trying to argue, that didn't work.
Um and mental state in terms of definitions, a person is justified in using deadly force against another if the person would just be would be justified in using force against the other and uh when and to the degree the person reasonably believes that deadly force is immediately necessary to protect himself against others or or use or attempted use of unlawful deadly force.
If that's the instruction, I can see why he was convicted.
Prosecutor's closing argument, you do not get to meet a shove with a stab.
It's all about one word, reasonable or proportion. And so, you know, did he go overboard? You most certainly have your opinions as to what happened.
The problem that I have with this is that you don't have deadly force.
I mean, he didn't punch him. He didn't repeatedly beat him. You look at the George Zimmerman trial.
What's the difference there? The difference there is he was getting his ass kicked, you know, and he had visible injuries.
You know, and Carmelo Anthony didn't have any injuries.
>> [music] [singing] >> I ain't agree with that one. That one I didn't agree with. The only reason why, yeah, they were getting in a tussle and then uh Trayvon, but the cops had told him to stop trailing Trayvon. I just wanted to say that.
The cops had told him to stop trailing him, but he did it anyway.
And then they got into it and it it he should have been convicted on that case.
I don't care. They could have get Some people say they could have went either way, but no, he should have got convicted in that particular case, but um cuz see the thing is the jury didn't even give Trayvon the benefit of the doubt. First of all, he didn't know who this dude was.
He didn't know this dude was neighborhood watch.
And he's and like for example, if I'm walking home and somebody's like following me, you know, I'm going to and they don't they don't address who they are. He didn't say he was neighborhood watch to Trayvon.
He didn't say that.
He it could have been somebody trying to rob him.
You know what I'm saying? So, and then all of a sudden a person, you know, stop me and then I then I and I um hit him.
I don't know what this dude is going to do me harm or not.
So, that's a touchy one. Let's continue.
>> com asklawyer.com is a good sponsor loyal sponsor for the channel the same people that brought you eForm and eSign accolades. Okay.
So, Carmelo Anthony with has trial last week and he was found guilty. I'm not really surprised.
Um you know, in my last video Well, first of all, I mispronounced the name. Okay? You people who so aptly roasted me and said, "Oh, you dumb shit."
Well, you know what? I was reading off a new news article and it misspelled his name. So, and I said, "Are you sure that's his name?" You know, "Are you sure that cuz I assumed that whoever wrote the [ __ ] article uh knew what the hell they were doing but apparently they didn't and then they made me look like I didn't know what I was talking about. Austin Metcalfe.
How you like that one? Um the So, we're going to read some news clippings and kind of go I'm going to have discussion, you know, or actually I'll discuss.
You soak it in and start thinking like Bruce. Okay?
Carmelo Anthony trial continued Saturday for almost 9 hours with about a dozen witnesses at the Collin County Courthouse. Many of them broke down in tears while testifying. Anthony is charged with the stabbing death of 17-year-old uh Austin Metcalfe. Remember his This is at a Frisco, Texas high school. My understanding is that the knife he had was a pocket knife and he was a 3.7 GPA student.
Why does that matter? Well, I it does kind of matter because context and everything matters. So, let's see.
The prosecution rested after calling 21 witnesses. The defense began presenting their case. Some of the most gripping testimony came from the medical examiner. The judge warned the courtroom that the information would be graphic prompting Metcalfe's family to leave the room.
So, when you see these autopsy First of all, if it was just a stab wound, I it was a tiny little knife and there there really wouldn't be much.
But, what do you see when you see autopsy photos?
You see the chest cavity opened up. You see the brain, you know, you know, the skull back. You know, they saw through everything and they sifted through everything. They sifted through the heart. They figure out where the the thing went, you know, the knife went through.
They determine cause of death that way, right? And so, you'll see a picture of the heart or the lungs or the liver, wherever the bleeding occurred. They're not pretty photos. Oh, and by the way, if you're interested in learning more about medical examiners, go to our interview with Judge Lindsey Thomas or not Judge Dr. Lindsey Thomas. I gave her a promotion as a judge. Dr. Lindsey Thomas, she was one of the medical examiners on the George Floyd trial and I've used her in private practice quite often. She's fantastically and she gives you a kind of an idea what it's like to be a medical examiner.
So, the Collin County Chief Medical Examiner, Dr. Elizabeth Ventura, testified that Metcalfe was stabbed through the heart. She described the wound as gaping 2 and 1/2 inches in length and not survivable. A prosecutor, Bill Wersky, showed up showed four autopsy photos to the jury. Several jurors appeared emotional covering their mouths.
Oh my, you know, a stab wound like this isn't that big a deal. Well, I take that back. It's fatal, so it's a big deal.
But visually it it's not. It's it's showing where it went and you know, opening the chest and I mean, if you're not used to that stuff, it is we see it all every day so but it's it is something. Witnesses recounted the stabbing scene.
18-year-old Eddie Para, see where the one of the reasons we're doing this is because we don't have live testimony to to sift through, okay?
Um, 18-year-old Eddie Para, a teammate of Metcalf at Moore High School, bias.
Uh, also took the stand. Uh, prosecutors asked Para who he noticed in the tent.
Carmelo was there. I dabbed him up.
What does that mean, I dabbed him up?
>> [music] >> Um, yes because teams are supposed to be at their own tents. Who gives a [ __ ] Doesn't mean that somebody needs to die or you need to beat somebody's ass because they're sitting under your tent.
Why not just bring them in?
Why not? Why not why not bring them in?
Para broke down on the stand when describing the stabbing saying he noticed blood in the hole in Metcalf's chest and that Metcalf started to scream for help. Of course you would. The prosecutor asked Para if the case was about race or self-defense and Para said, "No." Well's ski then asked who was wrong that day. Para replied, "Carmelo."
How the [ __ ] could you ask somebody who was wrong?
That should have been objected to by the defense.
And I'm not sure if they they may have objected to it.
But that's that you you can't do that. You can't use that witness to testify about the ultimate fact in the case.
You know, it's like it's tantamount to him saying, "Is Carmelo guilty?" You can't do that. And similarly, you can't ask him, "What's this case about race or self-defense?" Who the gives a [ __ ] what this guy's opinion about race or self-defense is?
That's amazing, actually. So, the defense called Centennial High School track coach Adam Linwood to the stand. He said Anthony's teammates nominated him for captaincy, as captain of their team. And athletes often go into other teams' tents to mingle. The prosecutor asked, "Is there any reason an athlete should have a knife at a track meet?" And Linwood said, "No."
>> Oh, you got that going on.
>> [laughter] >> That See, the thing is that it's not going with the story that he was using that to sharpen his cleats.
You know, that's what they said. He was uh sharpening his cleats with the uh with what they say the multi-purpose tool.
He said Carmelo could go um wherever he wants. The twins were not supposed to be there.
No, they were they were supposed to be there.
Remember the coach said they need us uh be more of an example and be there, help out.
That's why they were there.
>> I've heard people say that before. Like, okay, what are you doing with a knife at a track meet? But, you know what? Some people just carry a knife all the time.
You know that? I mean, so I remember my daughter I I took her to her driver's ed, and she did a night driving lesson, right? So, I drop her off at this parking lot of a nightclub. You know, this guy was a big fat old guy. And uh and then, you know, I waited around. She was there for for hours. And then, I pick her up and take her home. As she gets in my car, she pulls a [ __ ] knife out of her out of her whatever she had on, you know. I'm like, "What the hell are you doing with that?"
She was, "I don't know who this guy is."
So, I mean, people do carry knives for self-protection, and you know, it's like, okay, what about concealed carry? I mean, what are you what are you doing on the street with a concealed carry? What do you do with that gun? You know, blaming him because he had a knife on him, I think, is a red herring. But, the defense team argued he acted in self-defense and said that at the time of the stabbing Fri- uh Frisco Independent School District had no policy barring athletes from going into other teams' tents.
Uh the defense referred to Anthony as Melo during his witness interviews.
So, the defense makes a closing argument uh introduces sudden passion.
So, what that is is so, sudden passion, in other words, uh heat of passion is another way of of saying it. Saying that there was it's kind of arguing for a lesser included offense.
Don't think it's this murder case. Think it's more like this heat of passion, like he was just all of a sudden hopped up and couldn't control himself.
"We respect your verdict. We respect your role," the defense said to the jury in closing arguments.
"We as Americans." I love that. "We as Americans MAGA. Make it Make America safer for guns. Uh we as Americans trust in our community," the defense said. "I know it's a heavy burden, and I know it's the heavy weight you're carrying. I can only ask you consider both sides."
One of the things with that is the defense has no burden.
You know, but, you know, really, there's there are two sides, right? Let's he said he did this, and he did this. The issue of sudden passion was brought up, asking them to decide whether there was sudden passion in a in a split moment.
If the jury unanimously believes that it's a sudden passion, which means emotion, feeling that this is directly caused by provocation, passion arises, then decisions made in the heat of passion in a moment are different, which is a lesser included. So, then he wouldn't be looking at life or would he get 35 years? The defense argues that if the jury believes that Anthony felt terror in that moment, didn't have time for cool reflection, then sudden passion applies and burden is on us and the burden is much lower.
Prosecutor's closing argument, you do not get to meet a shove with a stab.
Proportion, that's what the prosecution argued. Remember I told you when we did the the reaction? I know it says guilty on that thumbnail, but we didn't know the verdict when we did that reaction, right? And so, what did I say in that?
It's all about one word, reasonable or proportion. And so, you know, did he go overboard? So, what the prosecution is saying, you don't get to use a knife in a fist fight, basically. Especially if you provoked the shove. So, they're saying that that and and you can't avail yourself of self-defense if you're the provocateur.
And I don't think just being under the tent is enough to say that you provoked somebody. After the defense presented its closing argument, uh prosecutor Bill Werskey began speaking to the jury and rebutting the self-defense argument. Now, here's the deal. Here's how it works. Prosecutor gets up and they give their closing argument. The defense gets up and gives their closing argument. But, guess what?
Whose case is it? It's the prosecutor's case. So, the prosecutor gets the opportunity to to get one last bite at the apple and they do what they call rebuttal. And unless they misstate something or there's extraordinary circumstance, the defense is done. They don't get an another opportunity to speak.
This, fellow jurors, is one of the rare cases where every important fact can be boiled down to one sentence. I think even one word.
Um you do not get to meet a shove with a stab, especially if you provoke the shove. Why didn't Anthony just walk away? If if it's a stand your ground state, which it is, is that you know, saying that it's tantamount to saying you had a duty to walk away.
And he didn't. Uh Wersky said to the jury, "You see, he had a choice to walk away in abandon the encounter, but did he?
You can meet deadly force with deadly force in Texas. Uh you can't meet force, a shove, with deadly force, a stab," he said. "Size differential, it doesn't work in this case. You don't get to kill someone just because they're bigger than you.
He really has to believe that he's in fear of great bodily harm or death for him to be able to use lethal force."
>> Let me stop right there for a minute.
So, he said it wouldn't be able to be able to work in this case cuz of size.
>> Wersky further explained, >> Um so, yeah, um um It it In this particular, let's say you give you an example. So, size would be a factor if it was a female.
Say it was a small as a as a female and a guy is trying to attack her, right? And he grabs her up um to beat her up, I think she could use deadly force in that case.
She She probably would get off, to be honest with you.
That's the only thing I'm thinking that size would be the situation.
Or unless it's like It has to be a way like size like um I'm thinking if it's like a female or something.
And you got intentions on, you know, like you're trying to I don't know, you're trying to do something to her. I think that might be she might get off, I don't know.
>> Explain why he thinks the self-defense argument does not hold up in this case.
Self-defense has to be a reasonable belief. A reasonable belief means a belief that would be held by an ordinary and prudent person in the same situation as the defendant. Now, what do we have?
Was this an all white jury? I think it was.
It wasn't?
>> No, it's not uh no black jurors.
>> All right.
Um so, the operative word here is a reasonable belief means a belief that would be held by an ordinary and prudent person in the same situation as the defendant.
>> So, let me ask you guys, did he have a reasonable belief that his life was on the line?
What do you guys think?
Cuz the kid shoved him.
And it's on camera, he shoved him.
Did he have a reasonable belief at that particular time that his life was on the line?
And um you know, from that.
And I I And here's the thing.
Let me add something into it. He's used to a physical situation. He played football.
He played football, though.
In order to play football, you're going to get hit a certain way. It's dangerous.
So, you got to be used to some type of situation here.
So, when they do when the kid shoved him, did he have reason to believe from that shove? Uh-uh. No, no, no, no, no, no.
Wait a minute. Wait a minute. Wait, wait, wait, wait. I did just came to me again.
It just came to me again. I was listening to Mail video last night.
When he put his hand in the bag, he had to flip that knife open before he got touched. He had to flip it open.
He cuz they said that he didn't even realize he got stabbed. It happened so fast. But the the the blade he had, you had to flip it open with your thumb.
So, he had to when he said, "Come over here and do it and come over here and touch me if you want to." But he flipped the blade. Uh-uh.
That's not it.
Uh-uh. Nope. We can't we can't No, that's not We I'm not going to buy that one.
He didn't have to do that.
He So, he he said, "Come over here and touch me if you want He baited the person. He said, "Yeah, he baited him."
That's the same thing going on with Chud right now. Chud the builder. Same thing.
It's It's the same thing.
It's the same thing.
Come over here. I got See See what I got for you. Come on. Touch me if you want to.
And he went over there and touched him.
He did No, that's not it. Yeah, that's not it. Not in this situation.
Not in this situation. Not in this situation.
Because he said, "Come over here if you want You said his mugshot is online all over social media. Who mugshot?
You said it was more than a shove.
What what kind of shove was it? Tell me what was it then? It was like more than a shove.
Like how was it?
Like what do you What what do you think happened if it was more than a shove?
I'm curious to know what you think.
You say he got apple Yeah, but he played football though with his epilepsy. He played football.
Football is dangerous.
You know I'm saying?
Football he played football with it though.
Like I don't know what to degree he had it.
Obviously he take medication.
And that's a serious situation, right? I We all can agree.
You said they pushed him, punched him, and kicked him. That's not on video.
They didn't do that. That's not on the video.
That's not on the video they played in court. I'm talking about we have to talk about the jury for a second.
I'm not sure what position he played, but it looked like he was wide receiver.
Cuz um from the video I saw um on that three on three they were doing, it looked like he was wide receiver.
At his size pro on the I think on his size and he had to play receiver on his for his size. He had to He wasn't no tight end.
He wasn't no running He wasn't no running back.
He had to be a wide receiver or a DB.
You said they altered the video in court. Okay.
Um it doesn't make sense epilepsy and football and track. Yeah, he was really good at That's what I heard. Like he was a captain.
Like he was like he was really he was like good good. Hey, what's up, T?
What's up, Celebrity?
Um Celebrity, by the way, guys, she I had met her, Deb.
I'm glad you're here, Deb. Um Deb, Celebrity, Celebrity, Deb. Deb, I met Celebrity at the Diddy trial.
And uh so that's Celebrity. Um she has a YouTube page as well, but I had met her at the Diddy trial.
Um here's the thing.
He he's used to physical activity. He's used to it. But I think what we're missing here is was it reasonable?
You said, "Why you think they're not releasing it, Max?" Because they said that um I don't know why they're not releasing it now cuz the trial is over. Um I'm wait I'm actually I'm waiting for the uh transcripts.
And then, I don't know if we'll be able to have access to the video.
They said um I don't know. I don't know if we're going to have access to it.
But there are several people that saw the video, even including the news media. They said they couldn't make out they said it was it was it was far away.
But it look it appears to be him and one other person cuz they said the person lunged at him.
And also, did you hear what his representative said?
His representative You know the guy that was representing the Anthony family?
He said that he didn't get jumped.
He he said that.
He said he didn't get jumped.
So, if a representative from your crew is saying you getting you didn't get jumped, he's a spokesman for you.
Let me see something.
Uh Let me go back up. Let me see something.
You say you say your son had seizures as a kid and we never allowed him to play football. Doctor advised against it.
Okay.
Yeah, I would advise I would think you advise against it, right?
That's like a dangerous sport.
I think the twins said they're going to beat him up and Melo didn't want to get beat up or injuries.
Did they say it like that?
You said we need footage. Yeah, to to finally You know what they should do?
To finally bring this to a head, they need to release the footage.
So we can all analyze it. And that's the point. See, they didn't even air this video.
I mean air the trial, you know.
All right, let's see with Bruce.
>> And we all come to those decisions through the prism of our experiences, right? The three black jurors that were, you know, questioned met.
So you don't get that perspective. So he didn't have any um of his people, for lack of a better word, on the jury. It ha- it has to be immediately necessary where was >> I'mma keep it 100 with you guys, even with some of his supporters in here right now.
That ain't right. They they had to have somebody to represent him on that jury, man. I'm sorry. You know what I'm saying?
I be thinking about that one.
They knew what they were doing on that one, yo. If they if they did if they did do that.
Like Bruce Rubin said, somebody of your people, you know, somebody. Even then he still would have been found guilty, maybe. We don't know, but give him that opportunity. He didn't have not one. Not one.
Is that county pretty diverse or is it Actually, what's the name of the county again?
I'm going to have to look now at the makeup.
Them twins have a history of bullying.
Yeah, but they said they had never met him before before that day.
You said Tupac would have been 55 Tuesday.
Thug life indoors.
Okay, Collin County. Let's see.
All right, let's see.
It says non-Hispanic white 47.9% Asian non-Hispanic 21.2% Hispanic or Latino any race about 16.2% Black or African-American non-Hispanic 11 and 12%.
Two or more races non-Hispanic about 2.6%.
Native American Pacific Islander and other groups each are under 1% individually.
So, they don't really make up that much of a percentage in the I mean out in Collin County. It's 11 and 12%. You have to go with available people that's eligible for the jury.
Everybody's not eligible to be on a jury. Some people How about the people that already served jury jury duty recently?
You can't they you know maybe they can call you that quickly I guess I just depends.
You said Rick Chow has zero Asians on his jury in Verdict not right.
Right.
Good thank you uh What French Fry?
Is that your Tell me is that your dog name? Is your dog name French Fry cuz I see a picture.
Is that French Fry in the picture?
That's hilarious he's a Frenchie.
Ain't French Fry.
Sounds like Sundowntown. I don't see how Rick got off.
Um who thinks I should order Subway for dinner?
Um I don't think you should order Subway for dinner Christie I'm sorry.
Okay.
I don't think you should order Subway for dinner.
Don't think so Christie.
>> [laughter] >> I don't know you just said it. You asked me you asked my opinion.
Christie I don't think you should order Subway for dinner.
I think you should order Thai food tonight.
See you shouldn't have asked me.
I think Christie um you should order Thai food tonight.
You should order Thai food make it extra hot.
Order some dessert.
All right, so let me go back here.
Do you guys think I mean we like it has to be justifiable?
Like um do you think it like a shove? But people seem to think we we have to see the video. I would love to see the video, guys. I ain't lying to you.
I would love to see the video at this point. Let's go on with Bruce real quick.
>> He just said you're not supposed to ask the jury to put yourself in his shoes.
But that's what the defense did.
Oh my god.
Oh my goodness.
They can't put themselves in his shoes.
Guys, they had him guilty like before they got off the stand.
They had him guilty already.
That's it.
They had him all the way guilty.
Wait a minute. Y'all don't hear me?
Hold on.
Hello.
Is it me you're looking for? Oops.
Hello.
Is it me you're looking for?
Damn, they can't even hear me, man.
Oh, I know what happened. Oh, wait a minute. Wait a minute. Oh, I'm an idiot.
I'm an idiot. Hold on. Hold on. You can hear me, but you couldn't hear the thing. Oh my god.
>> of the rain. Sure enough, one of the people at at the memorial said, "Yeah, come over." Then all of a sudden, Hunter Metcalfe or Austin say, "Who are you?
You need to leave." These guys are much bigger than you.
Uh do you turn your back and walk away and take the chance with these teen boys with their raging hormones?
That's I mean, I I do they have a hard-on while they're doing this?
I mean, that falls a little flat, doesn't it? Who are they? Are they the protectors of everybody there? And that's what they're Are they the enforcers? They're trying to kick people out who don't don't belong there? Who gave them that right? And and and these are not little guys, you know, there is a size differential. And if you're up in the bleachers, you know, and they put your hands on you how do you know you're not going to be flung over the side?
That's how I would have done it. Austin and Hunter had the right to tell Melo to leave, but they did not have the right to use deadly force to make him leave, Howard said. Howard said, "Melo had Why would he call him Melo?
I would I would have said Mr. Anthony.
You know, I Mr. Anthony, I mean, you you don't call a your client by a nickname.
This is serious proceeding.
>> He was trying to humanize him, honey.
>> Yeah, he called the he called him Melo to the jury, you know what I'm saying?
Like it's Mr. Anthony.
This just was all wrong, guys. It was.
It's all wrong. The whole defense even his representative said it wasn't um a jumping.
Even his representative said that.
I guess they're saying this big brute of a guy touched him.
But that's not what he said, "Come over here. Come over here and touch me if you want to. I got something for you."
That's that's That's it.
That's it.
That's it. It's murder.
That's it.
It wasn't no jumping.
It he said, "Yeah, come over here if you want to." And put his hand in his bag.
And I told you the mistake they made was they should have took that as he got something in his bag, but they called they like, "He ain't got nothing in his bag." Man, this this this dude is a bozo. He ain't got nothing in his bag. And that's what he found out. He did have something in his bag. And here's the thing, he flipped the blade in his bag.
Cuz if the if the twin had have saw him flip the blade, he wouldn't have rushed him. He flipped it when it was in his bag. So, he was prepared to do it. He was prepared to use that bad boy.
He was.
He was prepared to use that.
He was prepared to use that bad cuz if if somebody put their hand in your bag, you backing up.
You Yeah, you said you wish he had testified because everyone is talking for it. Well, he ain't testify.
He don't have to, right? That's his right.
But, um this wasn't justified, dog. It wasn't.
It wasn't justified.
Okay? I've had somebody grab me before.
Okay?
I had somebody grab me before.
And, um Yeah, grab them back. They just grabbing each other.
You know, we just grab, but a lot of people are starting to realize like, yeah, man, this this wasn't good, dog.
>> Perhaps. Melo had an absolute right to defend himself against that. How do you know in a split second of chaos when it's too late? Because if you wait too late to defend yourself, self-defense is meaningless. One of the things I've said in in in um trials where especially where it involves, you know, firearms and a lot of bullets flying, said, "Imagine if the situation was that my client was a police officer.
Self-defense applies to a police officer exactly as the way it does to anybody else. And if you think a police officer would be be would be reasonable responding in this particular way, then you find [clears throat] find my client not guilty." And that worked, actually. Uh witness describes friendly interaction before confrontation escalated in Frisco Memorial Tent. A new defense witness, a 17-year-old male student from Frisco Memorial High School, took the stand, and his testimony was this. It was raining hard enough for people to be under the tents.
Yes. Uh I want to talk to you about Melo coming to the tent. It was clear Eddie knew Melo.
I don't like him using Melo. I just don't you know it can be said that you're using it to humanize him.
But you can also use that to dehumanize at the same time. You know what I mean?
Oh, he's just some kid named Melo, you know, I don't I don't like it personally. But it that's that's just a style thing. That's all that is. Remelo entering the tent interacting with Eddie. It was clear that they knew each other {question mark} Uh yes, Eddie called Carmelo over to the tent. Yes.
And the interaction between Eddie and Melo was friendly. Yes. After Eddie called him over, Melo sat down. Yes.
So he was invited to the tent evidently according to a witness. For about 5 minutes, friendly talk.
No one expressed a problem with Melo being there. No. Do you recall the first person to say to Melo who See you see how that Melo just doesn't sound We're just talking about We're not talking about a human being here. We're just talking about Melo.
I don't like it. Don't like it. Don't like it. One bite.
Do you recall the first person to say to Melo who are you? It was Hunter Medcap.
Hunter is a big guy. You could say that.
At the time of the event, Austin was a little bigger.
I say substantially bigger.
I believe you told the detective Hunter you didn't tolerate being disrespected.
Or Hunter didn't tolerate being disrespected. Yes.
So so Hunter tells Melo to leave. Yes.
So then Melo says No one has a problem with me being here beside you. Yes. At some point, Austin and Hunter stand up. They had They had been seated. And if you put Melo and Austin next to each other, Melo was smaller. Yes.
Hunter started with a moderate tone and it got more aggressive. {question mark} Yes.
I don't know how they are If they call this witness, how are they being this leading?
Probably cuz the judge didn't care.
Do you remember telling the detectives or maybe it's not crossing? Do you remember telling the detectives you need to move before I beat your ass? I don't recall saying that. The defense approaches the witness with papers.
The witness agrees that Austin said something like that or something similar.
So, I have no doubt that Austin and his brother were kind of the big dogs, right? So, Austin is standing up, Melo is seated, yes. And that's when Melo reached into his bag after Austin mentioned something about beating his ass. Yes. Austin calls his See, I think it's more powerful when you have a situation like this to have the witness go through everything and tell you instead of you doing it and having them confirm. This is just call and answer basically.
And Austin calls his bluff and says, "I know you don't have anything in that bag." Yes. So, for Austin to make his way to Melo, he has to move up five rows? Yes.
So, it sounds like that like, you know, I'm going to beat your ass, you know, and and there is a threat there. Austin takes a step down or two and then they uh they talk and that continues, yes.
All this time as Austin is moving closer to Melo, Melo is seated with his hands in the bag.
Like, don't come closer to me.
So, he's got probably the knife in his bag. Yes, sir. Melo says, "As long as you don't touch me, we're cool." Or don't touch me.
You know, we're in a You ever see these videos? Don't touch me, man. No touch me. Don't don't don't taste me, bro. You know, we have we have these knee-jerk reaction to being touched.
I like being touched. If I'm sleeping, I don't want Robert to touch me, but other than that, I'm good. So, you told the detective Austin reached up and tapped Carmelo on the shoulder.
Uh, and while Melo was still seated, correct? Yes. Uh, there's a touch and then there's a grab, yes. He, Austin, grabbed with both hands? Both hands were in motion. Austin is reaching for Melo at that point. Melo's hands come out of the bag.
So, if somebody's just putting their hands on you, would it be okay to slap him?
Would it be okay to trip him?
Would it be okay to hit him with an object? Would it be able to okay to push him down and step on his neck? Would it be okay to use a knife? Would it be okay to use a gun?
So, that's kind of, you know, what they call a force continuum in a sense.
I mean, a very crude one. So, the teen says Carmelo Anthony and Austin Metcalfe exchanged expletives before the stabbing. The team witness said Anthony and Metcalfe called each other an expletive before the stabbing.
When did Carmelo put his hands in his backpack? Oh, it it was after the [ __ ] comment. You don't have anything in there. I mean, why call a little guy a [ __ ] I mean, you're you're just inviting trouble. The teen said that's when Metcalfe uh shoved Anthony, but said it wasn't hard. After that is when Metcalfe fell back. Why didn't he get a teacher or somebody? A teen witness said Austin Metcalfe didn't deserve what happened.
And this is a third witness from Frisco Memorial High School. And he was called to the stand Saturday. He described seeing Anthony in the tent and finding it strange since everyone normally stays in their own team's tent. He testified that when asked to leave, Anthony became more aggressive. What does he What does he say next? the prosecutor added. F U, all. I'm not going to leave. You're a bunch of [ __ ] I'm assuming that's what that means. He's asked to leave. He >> Wait a minute. Wait. Wait. Wait. He said he ain't going to leave. Y'all about told y'all they was they was sharing pleasantries with each other.
He didn't just He didn't He did not just sit there, I'm going to sit here. Please don't touch me.
Okay, I just want to sit here and get out of the rain. he wasn't talking like that.
He was roughhousing it.
Okay? They were all selling wolf tickets, as we say. They were selling wolf tickets each other.
Okay?
That's what they were doing. They were selling wolf tickets and he said and and here this guy coming up to him.
He said, "I'm going to beat your whatever ass, whatever." But he was coming to him.
And he said, "Yeah, they were arguing." And he said, "Don't long don't touch me.
Don't touch me, man. I got don't don't touch me." He had his hand in his bag.
That's when he was supposed to back up.
Who's spamming Max?
Oh, yeah. That is.
Let me get them out of here.
Um So, okay. So, he was coming up So, Carmelo was sitting in back, like up up a little bit. But he was still under the tent.
And um they got the jaw jacking with each other.
And he went up there, "All right, I'm coming up here now." He said, "You ain't got nothing in that [ __ ] effing bag, you B."
"You ain't got nothing in that bag."
He said, "All y'all P's." Or something Carmelo was saying, "Don't come over here and touch me if you want to." And he had the heat and he thought he ain't got nothing in that bag. And right when he went to go, he pushed him and that's the knife in the chest. That's it. Done.
He fell back.
>> He's not going to leave and he says, "Fuck y'all." Now, this is why we're going through this because this is all context, you know, on what the interactions were, which we didn't have this before. The witness testified that Metcalf took the lead in the situation.
Did Austin take the lead? Yes. Carmelo put his hands in the bag and and said five times touch me and see what happens. Austin said he's not going to touch this guy. He was calm. If that's the [ __ ] case, the case is over.
Um, what did you see during the stabbing?
You saw a big hole and blood coming from his upper body.
He then asked her answer the question calling Anthony the aggressor. What's your opinion? My opinion is Austin didn't deserve what happened. How is that getting to the [ __ ] evidence?
Honestly. What difference does it You can't test the That's why they ultimately factor the case. Your opinion as to whether he deserved it or not, that that should have been objected to.
Another teen witness who was a freshman at the time of the stabbing was called to the stand by the prosecutor. The teen described the scene that day and shared his account of what led to the stabbing. Okay. So another teen witness. Teen witnesses generally are terrible witnesses.
Their memory's bad, they are not respectful of your time, and they have pimples. So when asked what Anthony did when he was asked to leave the memorial tracks tent multiple times the witness said he doesn't leave. He gets angry and tries to provoke us saying, "Make me leave." Um, now keep in mind these are all Austin's friends testifying. So they have that bias, that that wanting to to get justice for Metcalfe. Notice I said Metcalfe. When asked was Austin or Carmelo instigating the witness said it was Carmelo. So now that that's your observation. When cross-examined defense attorney Shook said, "When Austin decided to push him out, how did he How did he get to him?" He walked over to him. So I always say in a self-defense case, whoever closes the gap loses. And Austin closed the gap. Austin's coming over to to pick him up and kick him out of there. Was Carmela's still sitting down? I think so. Did he push or grab him? He pushed him on his shoulder and with both hands.
Then the prosecutor Bill Wersky asked, "What happened next?"
Austin tries to force him out because we didn't have any other choice. The witness was then asked by Wersky whether the stabbing was self-defense or murder.
This was murder. How in the [ __ ] are you allowed to ask that question?
How can you I I I wouldn't be surprised if this gets flipped on prosecutorial misconduct or ineffective assistance. I mean, how do you let that stand? Now, I don't know if he objected to it or not.
I would hope that he would have. Jurors were visibly shocked by the graphic autopsy photos of the Texas teen Austin Metcalfe, including eviscerated heart.
You know, I had a case where my client and his brother were hunting and smoking and drinking beer all day.
And my client got a deer, his brother didn't, and he's giving him [ __ ] when they get back to camp. "Well, you have the biggest [ __ ] deer, blah blah blah." Lighting off fireworks and his brother's trying to get to sleep.
He bashes him in the head with a tire iron. And he's like, "Fuck you. [ __ ] me up. I You got to take me to the hospital." And he was [ __ ] up. He had a skull fracture. While they're on their way to the hospital, him and my client starts in on him again. "You [ __ ] So, he pulls over and he's going to let him have it again. And so, my client takes a 10-in Buck knife, stabs his brother in the heart, cuts his heart right right in two. Then he gets out of the He gets his out of the car.
He's still alive for like a few seconds, goes around to the other side of the car and collapses. And you know, you see these photos of the It puts you there. It puts you there cuz you see what caused the death.
They averted their eyes during the screaming of evidence, and it's it's tough to watch.
Some of the jury members gasped when one woman put her hand over her mouth as pictures were displayed of Metcalf's body showing a large stab wound in his chest and his punctured heart. Here's the thing, when you are um looking at these photos, I mean, I had another case where my client and his brother were responsible for the death of his girlfriend, his brother's girlfriend, and his brother had beat her to death with this baseball bat in the face.
Really pretty girl, really and just pummeled her. That was probably the worst autopsy photos I've ever had to look at. And then they put her in the back of a [ __ ] truck, tied her to a motorcycle, um and got going about 50 miles an hour, threw it out the out the back of the motorcycle thinking, "Hey, I know.
We'll make it look like an accident."
Oh, you just can't You can't make this [ __ ] up. People just do the dumbest things.
Medical examiner Dr. Elizabeth Ventura told jurors that the knifing uh left in Metcalf was a gaping 2-in wound and that the knife went so deep it pierced the bone of his chest and the right side of his heart. The defense focused heavily on the self-defense narrative using cross-examination to highlight discrepancies between the students' courtroom testimonies and their initial police statements. The defense established significant physical difference between the two boys noting that their uh Metcalf outweighed Anthony by 50 to 60 lb. That's a big deal.
You know, I mean, if you can't fight back, what options do you have? Keep in mind as you write your comments, you know, saying I'm, you know, in the favor of the defense here. I am a defense lawyer and I'm waxing philosophic here.
So, put your little fingers down and just listen.
>> [sighs] >> Crucially, the defense emphasized the physical positioning during the altercation. Anthony was sitting down with his bag in his lap surrounded by roughly 20 people in a crowded tent while Metcalf and several teammates stood over him.
Trial consultants uh note this spatial dynamic will be vital for the jury when evaluating uh the self-defense claim. Jurors viewed surveillance footage provided by Frisco Independent School District from multiple stadium angles. The videos uh showed a figure identified as Anthony entering the Memorial High School team tent, followed by Now, I wish we could see this because this would really help us, wouldn't you think? Uh showing entering the the tent, followed by a brief scuffle, then Anthony fleeing the scene as coaches and students gave chase. When he left, guess what? He he was I don't know that he was trying to avoid responsibility. I know right afterwards he took responsibility and said, "I did this."
Memorial High School track coach Robert Star testified to the sacred nature of team tents and comparing them to sports bench where you guys do not go uninvited. He became visibly emotional on the stand while describing the immediate aftermath of the stabbing.
Now, here's the thing. It's [ __ ] raining out.
You know, and he was invited by uh another teammate, supposedly, or at least that's what the testimony was. So, now uh a 12-person jury was selected with with six alternates cuz it was such a high-profile case. So, here here let's talk about the racial makeup of the jury.
So, the selection process resulted in 11 women and seven men. You have six alternates, and so that's 18, right? And there are no black jurors. The final phase of jury selection grew tense when defense attorneys lodged a formal objection called a Batson challenge because in the second round of strikes, the prosecutor uh struck three black jurors. All you need is some plausible race-neutral reason to survive a Batson challenge. And the prosecutor strongly denied any race playing factor, and they just declared that all three women were struck because they listed their occupations as educators.
You think you'd want educators as jurors in this case because the fatal incident occurred at a school sponsor. I I don't like teachers. I don't like lawyers on my jurors.
Jurors. I've been screwed over by too many lawyers.
Can't trust them. Can't trust those bastards. Because the fatal incident occurred at a school sponsored athletic function involving school age children.
Uh prosecutors seemingly did not want traditional educators on the panel, which I can understand. The judge sided with the prosecution.
>> [clears throat] >> The judge sided with the prosecution allowing the strikes to stand. So they struck three black jurors. So there was no no no African Americans on the jury.
So they were only given an hour and 45 minutes, which isn't a lot of time, I guess.
Assistant DA pressed the pool on whether they could listen to the evidence with an open mind and follow the law to render a verdict even when dealing with the young defendant. The questioning took an unusual turn when Mitchell asked if race could play could affect anybody's ability to determine guilt.
After a handful of people had admitted it could, Mitchell noted that in his entire career he has never had such an explicit conversation about race with a jury panel. This is a race case, no matter how you slice it. You got a big white football player against a you know, 3.7 little track star who's always in by 50-60 lbs.
One Frisco educator in the pool was excused after stating it hit too close to home. Howard, the defense attorney, immediately signaled that the entire trial would pivot on whether Anthony had the legal right to defend himself.
That's a good way to put it, actually. I mean, Texas is a defense state. You know, defend yourself type state.
Howard, who preferred I referred to his client's nickname as Melo, which I don't agree with, questioned the pool on whether they would be penalizing Anthony if he exercised his right not testify."
He also gauged their feelings on prison sentence, noting that the minimum threshold for murder is a 5-year How can you How can you You're not supposed to talk about consequences.
You're not supposed to get a promise from a jury you know, what they would do. In your In So, one of the things you do in jury selection is you try to showcase your case a little bit. You try your case a little bit and you want to see what the position of the juries are.
I would never say, "Would you hold it against me if he didn't testify?" Cuz you just told them that basically that he's not going to testify in this trial.
How do you really communicate the ultimate fear of great bodily harm or death that's required for the use of deadly force if your client doesn't communicate that. I think in every self-defense I case that I've had bar maybe one or two, and I've only lost one, my client has testified.
So, how do you communicate to the jury the terror that your client felt? Yeah, I He was He was puffing up his chest and saying these things, but he was scared shitless. And he was he was saying "Back off, or or you're going to catch a [ __ ] blade in the chest." You can't say that, but let's take a look at the jury instructions.
>> I mean, yeah, he should have gotten on the stand like like, "I was in fear of my life. This brute of a guy is coming after me looking like the Incredible Hulk." Which he didn't.
But, all right, let me ask you this.
Is it self-defense if a Incredible Hulk-like feature coming at you?
Yes.
Okay. Especially if a guy coming at me looking like the Incredible Hulk.
Um roaring and everything. I'm just joking.
Oh, Metcalf got swatted again. Wow.
It's insane.
They're going after both sides. It's crazy.
>> Because that's where the rubber really meets the road. So, you have the standard ones, presumption of innocence, burden of proof, and you have the elements of manslaughter. And manslaughter is that's that's that heat of passion that they were trying to argue. That didn't work.
And mental state in terms of definitions, a person is justified in using deadly force against another if the person would just be would be justified in using force against the other and when and to the degree the person reasonably believes the deadly force is immediately necessary to protect himself against others or use or attempted use of unlawful deadly force.
If that's the instruction, I can see why he was convicted.
You know, you can win a case just by formulating the right instructions. I've done that on civil cases. It's easier on civil cases.
There's a committee.
You know, that's is assigned to write them. I've got them right there in those green books.
You most certainly have your opinions as to what happened.
The problem that I have with this is that you don't have deadly force.
I mean, he didn't punch him. They didn't repeatedly beat him. You look at the George Zimmerman trial.
What's the difference there? The difference there is he was getting his ass kicked, you know, and he had visible injuries. You know, and Carmelo Anthony didn't have any injuries.
So, where where's the video? This is from Uh Richards. Where's the video is all I got to say. I heard about uh what the video shows and they haven't shown us yet. Wait till that video is released. We demand that. Well, Janie, Janie, go get it. Do a Freedom of Information Act request. Deb Blum says >> That's what I'm talking about. We want to see the video at this point.
But they're not going to release it. I don't I don't know. We'll see. Freedom of Information Act, let's see if if they release it.
They're going to They should release it to see.
Cuz if he stormed up there at him and he did that and he said, "Come, you know, don't come up here and you see you see what you're about to get." Yeah, he can't do that.
Oh, man, he didn't even know when he was uh Man, it's that's a that's bad. It's bad all the way around.
>> I've never disagreed more with Bruce.
Oh, [ __ ] Disagree with me?
Uh it was premeditated, right, when he says, uh "Touch me, see what happens." He was planning to stab whoever touched him. Uh Bruce needs to do a little more research or brushing up on some of these cases.
Well, I'm sorry, Deb. Deb Debbie, the Debstress.
Um you know, here's the thing. We didn't know what this testimony was, right? And I don't think him saying, "Touch me, see what happens." is premeditated murder.
Premeditated murder means you're planning to kill somebody, you know? And and I get that you can formulate premeditation in a matter of seconds.
You know, it can happen just before.
However, I don't believe it was premeditated. I mean, you can stab somebody without the idea you're going to kill them. Sorry, Bruce, but I strongly disagree with you here. You haven't kept up with the case all all way, so I hold no judgment, but Carmelo being black and absolutely no negative impact on the case. Six words and a knife is why he was found guilty. Touch me and see what happens. The phrase means it makes it impossible for him to claim fear for his life.
Um, I disagree with you a little bit on that, but I don't think you guys are totally wrong. You're right. And I mean, here's the thing, I didn't see the the testimony. I didn't see how everything came in. And [snorts] there's a reason that they didn't have Carmelo testify cuz they probably didn't think they probably thought he was really vulnerable on on some issue in the case.
I still don't think it was premeditated.
I don't think it was you know, I mean, if it was premeditated, he would have gotten wouldn't he have gotten life? I mean, he got 35 years.
So, which I think is still quite a bit.
So, if you look at some of these other cases like the George Zimmerman case, you know, like the Rick Chiao case, you know, they happen in various vignettes of life, right?
I I think I've told you guys before, I had a case where my client shot his brother-in-law in the leg. And he thought he was going to come and and he he said, "I'm going to kick your ass."
And he looks at it and my client was holding a gun. He says, "What are you going to do with that?" and starts walking towards him. Well, somebody's doing that and not really afraid that you have a gun, what are you going to [ __ ] do, right?
And he shot him in the leg and and that was it and then he put the gun away.
It's like, "Okay, now what?" And in that situation, we had a we got a hung jury.
And the judge in that case said, "You could try this case 15 times and get five hung juries, five acquittals, and five guilty verdicts."
And so we wound up settling it for a misdemeanor. This all comes down to that one word.
Was it reasonable?
And too bad that, you know, an adult didn't step in here.
Um although maybe we would have had two dead people, who knows. You know, I feel bad for Anthony because I think he made a really [ __ ] bad decision. I don't think it was bad decision to go under the tent, but I think it was a bad decision to use a knife. I don't think it I don't think it's premeditated. I just I just [ __ ] don't. And why didn't why didn't Austin go get a teacher?
You know, why didn't Austin why did Austin put his hands on him?
And you know, some people can be hyper sensitive to getting your hands put on.
But guess what? That's not the standard.
You know, there's an eggshell skull rule, right? Where you if you hit somebody and they are have a paper-thin skull and you cause brain damage, you're responsible for that damage.
And the reason I I bring that up is because it's not like that here. Just because you have the ultra-sensitive nature, that's not what you're judged by. So, what would a reasonable person do under the circumstances? And that's just some random person that you pull out of the air. And that's when the jury looks at it and says, "Okay, what would I do?"
You know what I mean? It's just [ __ ] sad all the way around. And what's even worse is how this is really divided a community.
You know, and you you you hear some comments where you don't even come walk into this area if you're white, blah blah blah, you know. We don't [ __ ] need that.
So, um to all you naysayers that say I don't know the [ __ ] I'm talking about, I'm a defense lawyer. So, I look for the good, you know, I look for the way for the acquittal.
Um I'm not a prosecutor. And and I don't think this is so one-sided that it's that obvious. It kind of is because you got a knife with an unarmed person, but you got a, you know, somebody's 50-60 lb heavier, they're up in the balconies or in the bleachers. I don't know. You know, it's it it you could get a different jury and they could make it completely different scenario. You know, different verdict. So, the next step is for everybody's actions to be reviewed by an appellate lawyer.
So, you've got the actions of the lawyer himself. You've got the actions of the judge, the actions of the prosecutor. So, if there are any irregularities in there that implicate either constitutional rights or the or his right to a fair trial, in other words, um you're going to have a new trial. I did see some things and questions in there that I'm like, how the [ __ ] was that even asked? You don't ask a juror questions about prison. And you don't ask uh a lay witness their opinion as to whether he's guilty of murder. That's That's testifying as to the ultimate fact in the case. And maybe that's okay in Texas law. Wouldn't be okay here.
And each jurisdiction is just a little bit different.
So, we'll see you next time here at Criminal Lawyer.
>> All right. So, that's um the lawyer react to that. Um You say you think this pic is AI?
No, this pic's not AI.
This pic of Carmelo right here?
Uh-oh. Let me see something.
You know what?
That you might be right. Yeah.
It might be I don't know. I Is it this one? Hold on a second.
Where is the other one I had? Is it this one?
Cuz like this like this photo right here of him Do anybody know when he was at trial did he have his hair cut down?
He look like a little kid here, dog.
Is that that photo there? He just looks like a little kid, man.
Uh Oh, yeah. Let me see.
Um any new mug shot Let me Let me find Let me find another Let me find another reputable source here.
Yeah, it's his mug shot.
Yeah, yeah, yeah, yeah. This is it.
This one here is is a older one. Like he already had cut his hair down.
This one is his um this is new one in jail. That's his jail one. They dress like that in there in Texas on death row.
I've seen people wear that same outfit.
But lighter though.
Like the shoulders out and stuff like that.
And what they do is when you get there they cut your hair.
You know, like um make sure you don't have lice.
Stuff like that.
That's when they tell you to cough and stuff like that.
Bend over and cough.
No, this photo is stretched. I did that.
I stretched it.
Let me see. Hold on.
Let me see what y'all looking at. Yeah, yeah, yeah. I did that. I photoshopped it.
I stretched it out so it could fit the whole thing. That's why it looks like that. Yeah, yeah, I stretched it.
But that's the actual photo. It's not photoshopped. I just stretched it out.
Yep, that's exactly what happened.
You said that's why um they look a little Right.
But that's when they you know they got to shave your hair. His hair looking like mine right now.
Oh man.
Yeah, they buzz you down.
Stuff like that to get acclimated into the system.
Now, I hate to say it like this, but like say if he got like say if it is 17 years um Well, he we'll have to wait and see with the appeals and everything else cuz he could We'll see. We'll see if he have action in the appeals.
See if he got some motion in the appeals.
But yeah, God, that's why they look a little different. But I wanted to um have Bruce talk about it.
Cuz it makes sense. Um some people don't know what the strategy was to defend him.
And maybe he should have stepped up on that stand.
Started crying a little bit, you know, to seem human.
Yeah, I got some ideas on how I could photo- I could I could AI this photo.
But I'm not going I don't want to do that, you know, to make it it look crazy. I don't want to do that. Like but but trust me with this AI, it can make you look like anything.
Yeah, the defense should have been better.
But that um I mean I don't know if he had anything to to go on cuz this was just straight-up murder.
Yeah.
You know?
But I'm going to be back a little later uh later on. Like a couple of hours and we're going to go into something else. I keep wanting to get on that Guthrie case.
Oh, and Luigi, what in the world Luigi say today? Let me see.
Luigi Mangione says his defense is extreme emotional disturbance.
That's his That's his defense, guys.
His defense is extreme emotional disturbance.
He going to jail.
He going to jail.
Yeah, that thing going cold, Brian.
That's it.
But we're going to get into that a little later to see what the latest is on that. Check on Brian Entin.
See what he talking about.
Um Yeah, it's insane.
But um I had a situation today.
Like I said, with my car.
Well, it started yesterday.
And um They messed up and they tried to blame it on me. And not only did they mess up, they tried to act like it was my fault and make me pay more.
That's what they tried to do.
And I said, "Listen, this wasn't like this when I brought it to y'all. So, y'all going to fix it." He said, I said, he said, I said I said, "You ain't talking to me that way." This happened today. We got in a pissing contest again today. I said, "You didn't talk to me that way."
I said that when I dropped that car off, there was nothing wrong with that battery.
That was the least of my concern cuz I checked it. The terminals and everything was fine. Well, you know, it's an electrical component.
Do you know that?
It can go bad overnight cuz it's a electrical component.
I said, "What?" I said, "It's a electrical component." I said, "Okay, but the I know batteries go dead, but not overnight. Did you leave the lights on?
Did you do something that you left something on in the car? Did you do that and drain that battery?"
Well, it's operating under a certain sales, >> [snorts] >> okay?
And it the battery I said, "The battery is dead."
I said, "Am I talking to a wrestler?" I said, "Yo, man." I said, "Listen, do what y'all got to do, but I ain't I ain't paying for that.
So, do what y'all got to do."
And I said, "Matter of fact, who's your manager? Cuz y'all sitting up here talking to me like I ain't nothing and not showing no type of respect." I said, "So, give me your man." So, I got all the emails and then I made a regional complaint. I made a regional um what you call it?
Um it's just under a chairman's complaint.
It's a I had to do a regional consumer complaint.
And they took my information. They could see my information in the system. They go, "Oh, yeah, yeah, you usually get your car serviced in in Richmond, Virginia, right?" I said, "Yeah."
He said, "What makes you bring you here?" I said, "I just happened to be up here."
But I had said I never been talked to this way.
And I said, "Sir, that he said, 'Well, when did you' I said, "That battery is new.
They messed it up.
They shorted out the they shorted out the circuit. They messed it up.
That car was not like that when I got it here."
Okay? And I said, "This happens all the time when you do this type of work, but out of courtesy, we will give you another battery cuz I used to work up there for the same company um as a mechanic assistant. I did that on the side.
When I was working at the Nissan place.
I was changing oil. I was change I was doing brake work. I was doing other stuff.
And I said, "When that happens, they usually out of courtesy they just give you another one."
He and then so I made all these complaints with him, right? He said, "Oh my god, I'm sorry that happened to you."
I said, he said, "Did they give they gave you a loaner car, right?" I said, "They didn't even give me a loaner car."
That's how much they treated me.
I said, "They didn't even give me a loaner car."
Now, they got some complaints, right?
But it's not bad. The rating is not bad.
But um they do have complaints. But um then this is not a regular garage though. This is the Nissan dealership.
You know what I'm saying? So I was surprised how they acting.
So he was like um so I said I did the complaint with the escalated, right? Did the complaint did the consumer um regional complaint. I had to write that put that in writing.
And now when I talked to the guy he said, "Oh, we going to get we going to get to the we going to get to the bottom of this. They shouldn't have treated you like that." And he said, "Matter of fact, they did something to the car."
He said um that battery wouldn't went out like that. He said they probably forgot to disconnect it.
I said, "Do it look like the battery has been disconnected?" I said, "No." He said they left it. He said they did something. And he said they in order and he said they know they did it. And um he said um "Let me look at your report cuz maybe they had it was a faulty battery on the report." He said, "Let me check your report."
He looked at the report. Oh, they said the car was perfectly good.
In operation is perfectly good. They didn't say nothing about the battery. He said, "Sir, give me give me give me a few hours.
I'm going to straighten this for you. We going to take care of it."
So then the rep the the supervisor for the mechanics called. He said, "Yeah, sir, um what we're going to do, we're going to replace your battery.
But we're going to inventory your battery.
We're going to inventory What the hell that mean?
What that mean?
Like what does that mean?
Like we're going to replace your battery, okay?
Um but your battery was It was the battery. I said, "Sir, let me tell you something. I don't have no reason to lie to you.
When I brought the car into you, it was I had checked it. It was in pristine condition."
Yeah, but it for it the battery was fried, okay?
Okay, so what we're doing is um we're giving you a battery, okay?
But we inventorying the old battery, okay?
>> [clears throat] >> Like trying to like play big words with me. Look look, sir. Look.
Um I got no reason to lie to you, whatever. I'm just telling you I didn't do that. Battery didn't come here like that. But it was fried, though. I said I didn't bring it here like that. Sir, he's sounding like a wrestler. I wanted to say that.
So then he said, "You can pick it up tomorrow, okay?" Okay. Okay.
You can pick it up. All right. And then hung up.
The complaint doesn't stop there. I'm not done yet.
I'm not done. I want a full remedy.
They're going to have to make me whole, man. I know they're going to give me my battery, but they're going to make me whole. Cuz I just I spent I dropped off a check yesterday. It was like what, $1,700?
Okay? And I'm not getting talked to this way.
I'm not getting talked to this way, man.
It was a whole big mess.
And it didn't have to be that way, Brian.
It didn't have to be that way cuz the guy didn't know what he was talking about.
I said I said um y'all ran a full diagnostic on my car.
What happened was when they when they parked my car, they left the lights on.
That's what they did.
They did something.
They did something and something drained it. But actually, my other theory is Look, why why do I got to wait so long for the battery?
It's a simple fix. Just drop one in there and I come get it. They did something. They had They need They need They need some more time to fix it. They did something.
That's what happened. And then they found it and they trying to still blame it on me. By saying, "Well, we had to inventory the battery.
Okay, we give you another one."
All right? Like they doing me a favor.
No, I drop I drop I had $1,700 worth of work done.
Okay?
So, that's what it is.
It's But see, the thing is a lot of people don't know that you can complain.
Sometimes they do mess your car up and they make you pay for it.
The South I don't have that. We don't have that problem down there. They're very honest. Up here in in like New Jersey, you got a bunch of scumbags up here, man.
You really do. You got a bunch of dirtbags up here and you got to treat them accordingly.
You know what I'm saying? You got to get a little roughhouse with them and you you don't you can't you can't be afraid.
You know what I'm saying? You just got some dirtbags up here, man.
Come back and do a video on Luigi. I don't know. I don't know.
He said he he going to jail. I can already tell you he going to be found guilty. I'm already telling y'all this.
Luigi, yeah, guilty.
He said extreme emotional disturbance.
Come on, bro.
That don't give you no right.
There's a lot of people locked up that got extreme emotional disturbance. But you know what? I wouldn't be surprised he could be found not guilty.
If that um what's that kid name I mean I seen Stranger Things before.
Shot him in the back Ryan and it's on video.
The shooting is on video. Clear as day.
Clear as day is on video.
That guy was just like do do do do do.
How did he know the guy was going to be there? That's premeditated. How did he know the guy was going to be in that path?
It is definitely premeditated.
Yeah, he cooked.
And for them ladies and stuff that's outside the courthouse, maybe you can write them then. Make sure you keep writing them. Cuz he going to need somebody to talk to.
All right.
He going to need somebody to talk to.
Maybe I will come back to that Christie. Maybe I'll do it. Give me about Give me about an hour and a half. I'm going to go outside.
Catch some catch some air.
Cuz they put me through the ringer today. They sure did. I had to make all these complaints and go all the way up to the top with the complaint. I had to do everything.
But a lot of people don't know they can do that.
That's why I say guys, know your rights as a consumer everything your rights as a just being a human.
Okay. Cuz I already know what I had to do. I said I know what y'all did. Y'all did something and you going to try to make me pay for it. That's not happening.
It's not happening.
Oh, ankle's better now.
Yeah, yeah, I'm coming back there tonight. Oh, yes. I have I told you guys I had to be more consistent.
So, we and we like we have conversation over here, right? We don't all have to agree.
But I'm sorry, guys. This is straight-up murder, man.
Did they put the right turbo back on? I wasn't up there today.
It was all over the phone.
But now they're trying to blame saying it's the battery. It's not, guys. I already I already I already told y'all what it was yesterday.
So they needed Why you need another 24 hours before you get my car back? That You know how much that that that part is? That part is $4,000.
And they got to They got to eat that.
They got to eat that.
Yes Yes, indeed.
They don't I don't I Or they Or they got to go get it back from somewhere.
Whatever the case is.
They got to And they didn't realize that I'm a mechanic.
They didn't realize that. And I started speaking I started speaking in technical to them today.
As if I was a mechanic.
And now they know.
I And I work for the company.
Part-time.
So I know their policies.
If they But see, here's the thing. Some mechanics are There's some places are dirty, though.
You know what they do? They They mess it all I'mma make them pay for it anyway.
And they they won't So they can get more money.
That's how you guys is That's people struggling out here. What they'll do is they will they will add more repairs than necessary so they can get more money. Because the dealers, they get paid um for labor. They get paid what they Whatever the part is and whatever they got to put in, that's how much they get paid.
So if it calls for an hour of labor, even if it take 2 hours, they only get paid for hour labor.
So what they do is they'll find they'll they'll make more stuff wrong so they can get more money.
But but the problem is here I filed a um It's very technical right now. So I filed a insurance claim.
Right? Initially.
So now it's going to be fraud.
And then cuz when I contact the insurance tomorrow cuz I am going to do it, I'm going to say, "Hey, listen, triple check them again."
I said that that amount that they charged was incorrect.
They shouldn't have charged that. They charged over They charged over $1,400 in labor.
That's not right.
For for three parts, that's not right.
That's not right at all. That don't sound right. So uh it's not going to the complaint is not going to stop here. So what happened with and I had a part missing off my car and they replaced it with another part.
And then they had my own VIN number on it.
And I told him that too.
On the in the over the phone on the consumer complaint. He said, "Oh my god." I could see him saying that.
He said, "Girl he said, "Sir, we're going to have your car running like you had it. Trust me. We going we going to get it done."
So what's happening is guys, let me just say this real quick. This is a learning lesson.
If you even if you take your car to the dealership, when I used to take my car to the dealership in Richmond, I never had this problem cuz they know me and I used to work up there.
But what happens is if they can get over on you, if they feel like they can get over on you, they're going to do it.
And the and the guys that work up at this place that they're younger.
And they're younger and I remember him saying, "Oh, you out of state and stuff so we got to get you fixed so you can get back out of state." I let him say that. He don't realize I'm from here.
Okay?
And we got in a pissing contest today.
I said, "Listen, you're you guys going to fix my shit."
I said, "I live here."
Okay? I don't live in Virginia. I live here. I'm from here.
Okay?
I said, "You robbed me I said, look, I said it so I said, 'Rob me if you want to.'"
"Rob me if you want to."
I said, "I'll come up there right now and say it in your face, right now."
"Rob me if you want to."
I said, "Fix my shit."
And I hung up the phone. He said, "Well, you can't talk to me like that." I said, "Well, you going to fix it."
I said, "Cuz y'all robbing me." And he knew what I was talking about when I said robbing. They took that part off.
I said, "Y'all robbing me."
And I said, "I'm I'm going to fix it."
And then I said, "What's your What's your um What's your manager What's your manager's email?"
And he acted like he didn't know what it was, and he said, "Hold on." So, he gave it to He gave me the wrong one, but I found it.
I said, "What's the chairman of your company's name?"
And he paused, and he said he don't know.
I said, "You got to be kidding me." I said, "You work there, and you don't know who the um You don't know who the manager You don't know who the chairman is?"
"I need to make a chairman's complaint."
"You don't know who that is?"
And, "No, sir, I don't know who that is." I said, "You work there, and you don't know who it is?"
I said, "What's the name on your check?
When you get your check, who who signs it?"
First of all, let's go there for a minute. Who signed Who Who is on your check, man?
"Well, I don't know. I don't know." I said, "All right." I said, "Well, I'll be talking to him in a minute."
"All right? I'll be talking to him in a minute." You're talking to a mechanic. I said, "You know what happened to my car."
I said, "Y'all going to get that part on my car, and you're going to fix my car."
"Oh, yes." I said like that, "Oh, yes, you're going to fix it."
I said, "Cuz I don't take to getting robbed. I don't take to it too kindly."
"To getting robbed."
I said, "I'm from here."
"I don't take too kindly. And I said I'm going to make my complaint. He thought I was bluffing, but I did go all the way to the top and made a complaint.
And they must have got It must have got back to all of a sudden nothing's nothing's coming out of pocket.
And then the guy on the complaint, he said how much you paid Yeah, I see where you paid 17. I said, "Yeah, give me a cashier's check."
You think I'm going to give them cash?
No.
You always give a cashier's check.
Not a personal check, a cashier's check.
Okay?
Always get Always give them a cashier's check. Do not pay with your card.
Do not give these people your card.
Do not pay with a cashier's check.
I mean, pay with a cashier's check, not a personal check. There's a reason technical reason for it.
I know the whole game.
So, yeah.
So, you you got to have a paper trail.
So, I'm like, "Okay, so now I can go back."
Cuz they see they can easily tell insurance I didn't get it all.
But I I sent them the cashier's check.
So, yeah, it's technical with them. So, they tried to get more out of the deal.
They thought they can sit up here and juke me.
Uh-uh, they had the wrong one. I made a complaint. I'm not done yet. I'm not done my complaint cuz they going they going to have to remedy this.
Well, they probably said, "Well, we we hooked it up." No, no, no, no, no, no, no.
Uh-uh.
I want the full report on what they were doing. I want the full from A to Z. I want to know cuz every time they go through And you know another thing they didn't do?
When they go through the thing, they supposed to text me on what they're doing. They never did that.
Yeah, man. That's how it is. Some places are are not honorable. They're not.
They're not honorable.
And um I CC my lawyer and everything.
So, you just have to Yes, um you could give them a personal check.
Now, I gave them I gave them the um the the um you know, the thing.
And I already told the bank what was going on. So, it was just a big mess. It was a huge huge mess today.
Huge mess.
I'm um people was like, "What are you going to do?" I said, "I know what I'm going to do."
Cuz that that car did not go there like that.
It did not.
That you know that car has had only one owner, and that's me.
I never ran a car into the ground, nothing. It's in perfect condition.
So, yeah, man. I had to man Yeah, and something was wrong with the car. It was like the car was like um when it when I start it up, it was like when it did when he did jump it, it was like idling heavy. I said, "Yeah, they took that thing out."
The car it it don't they took it out.
Yeah, bro. I'm like, "Nah, they're not doing this to me."
They are not doing this to me.
They're just a bunch of I I honestly think, man, I don't know if I could stay up here, yo.
I really don't. It's just um people are crazy up here. I don't know if you guys saw what was happening at the Knicks parade.
That's how crazy it is up here. The devil resides up here.
People were fighting each other at the Knicks parade. And why would you keep doing that?
A dude got slashed in his face, blood everywhere.
So, I know he knew it wasn't worth it now.
Going to the um Knicks parade. It wasn't worth it.
He got He got slashed.
And like he he got a he had a deep slash over the side of his face.
Somebody um slashed him with a broken bottle.
It's crazy.
But anyway, let me get out of here, y'all. I'll talk to you guys later.
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