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Sisters Cookie & Kitty Smirk After Mom's Brutal Murder — Transcript

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  1. 0:00She appears to be a regular mom on
  2. 0:02social media, but looks can be
  3. 0:04deceiving. This woman, her sister, and
  4. 0:07their friend are now accused of hacking
  5. 0:10another mom to death in broad daylight
  6. 0:13on a [music] street. And I'll show you
  7. 0:14the video. Her good citizen on YouTube
  8. 0:17that shows one of these alleged killers
  9. 0:20flashing a smile to the camera as she is
  10. 0:23being taken off to jail for allegedly a
  11. 0:26bloody and horrific murder. We're on the
  12. 0:29case presented by Law and Crime. I'm
  13. 0:32Chris Stewart.
  14. 0:40We are talking about a bloody crime
  15. 0:42here. Truly horrific. And it was
  16. 0:44allegedly done in the middle of the day,
  17. 0:45taking the life of a mom of five on a
  18. 0:49street in Texas. And to make things even
  19. 0:50more disturbing, the alleged killers,
  20. 0:53frankly, don't seem fased by the
  21. 0:55possibility of spending the rest of
  22. 0:57their lives in a prison. And in just a
  23. 0:59moment, you will hear what one of the
  24. 1:01suspects reportedly said to a camera as
  25. 1:04police took them into custody.
  26. 1:08War.
  27. 1:10>> But this is the woman we need to be
  28. 1:11talking about, the victim in this case,
  29. 1:14Caroline Pena. Her friends called her
  30. 1:17Caro. the woman who lost her life on
  31. 1:19Thursday last week. This is video that
  32. 1:21she posted earlier this month appearing
  33. 1:23to show her heading for a day on the
  34. 1:25water with her family.
  35. 1:30[screaming]
  36. 1:30Carl was 32 years old, mom to five, a
  37. 1:33friend to many, and it's unclear at this
  38. 1:36point what was going on in her life at
  39. 1:40the time of her murder. And it's unclear
  40. 1:43how she came across the three women now
  41. 1:46accused of killing her. And we're going
  42. 1:48to walk through what police say
  43. 1:50allegedly happened to Pena on a busy
  44. 1:53Texas street in broad daylight. But
  45. 1:56before we get to that, I want to talk
  46. 1:57about these suspects. So, look at this
  47. 2:00Tik Tok here. This was posted by one of
  48. 2:02the girls accused of hacking Pena to
  49. 2:05death. Her name is Kitty Mia Diaz. She's
  50. 2:0921 years old and she posted this video
  51. 2:11only a couple weeks ago on June 9th.
  52. 2:14It's of her and her four-year-old son
  53. 2:16and she is talking about how much she
  54. 2:18loves and lives for her son. She also
  55. 2:20posted this days after that where she
  56. 2:22says, quote, "I've always wondered what
  57. 2:24it felt like to be loved
  58. 2:25unconditionally. Now I know what it
  59. 2:27feels like." And she shows images of her
  60. 2:29son. In the caption, it says, quote, "My
  61. 2:31Gigi, the one who saved my life in ways
  62. 2:33he'll never fully understand. The day he
  63. 2:36came into my world, he gave me a reason
  64. 2:37to be stronger, better, and keep pushing
  65. 2:39forward. Every smile, every hug, every
  66. 2:42mom reminds me how blessed I am. He is
  67. 2:45my greatest accomplishment, my biggest
  68. 2:47motivation, and the piece of my heart
  69. 2:49that walks outside my body every day, no
  70. 2:51matter how hard life gets. One look at
  71. 2:54him makes everything worth it. I love
  72. 2:56you more than words could ever explain.
  73. 2:59my sweet baby boy, my GG. Thank you for
  74. 3:01saving me, giving me purpose, and
  75. 3:03showing me a love so pure and
  76. 3:04unconditional. You will always be my
  77. 3:06greatest blessing." End quote. And you
  78. 3:08hear that and you just wonder how in the
  79. 3:10world is the person that you see on that
  80. 3:12Tik Tok the same person in the mugsh
  81. 3:15shot now being held for a brutal murder.
  82. 3:19And here she is alongside her sister and
  83. 3:22their friend. Now, Kitty Diaz's sister
  84. 3:25goes by Cookie Diaz. Officially, her
  85. 3:28name is Amaya Cookie Diaz. She is 19, so
  86. 3:32she's the younger sister. And then their
  87. 3:33friend who's also arrested in this case
  88. 3:35is Kandra Renee Faz. She's 21. So, I'm
  89. 3:39laying out who they are before we get to
  90. 3:41the details of what allegedly happened
  91. 3:43because you just find it so hard to
  92. 3:45believe that they would be accused of
  93. 3:46this crime and one as horrific as police
  94. 3:49say took place in Del Rio, Texas last
  95. 3:52week. Now, Del Rio, it's a border town
  96. 3:53and if you have heard it before, that's
  97. 3:55probably because of immigration news.
  98. 3:57Police say last week on Thursday they
  99. 4:00received a call at 2:10 in the afternoon
  100. 4:02and it was because they needed to get to
  101. 4:03a local hospital. A stabbing victim had
  102. 4:06arrived and when officers responded that
  103. 4:08is when they found Caro Pena and she had
  104. 4:11been stabbed multiple times and her
  105. 4:12injuries were so severe that she had to
  106. 4:15be sent to San Antonio for treatment to
  107. 4:18try and save her life. So as she is
  108. 4:20going to San Antonio, police begin
  109. 4:22investigating this case and trying to
  110. 4:25figure out what happened. And police say
  111. 4:27they determined that Pena had been
  112. 4:28allegedly stabbed on the 800 block of
  113. 4:3110th Street in Del Rio. We put that into
  114. 4:33Google Earth. Here is the image that
  115. 4:35came out. Just gives you kind of an idea
  116. 4:37of the type of street where this crime
  117. 4:39allegedly took place. Pena's friends
  118. 4:41tell Ke television that there were
  119. 4:45images circulating on social media. They
  120. 4:47were going viral locally showing Pena
  121. 4:50allegedly in this altercation with her
  122. 4:52attackers. They say the picture showed a
  123. 4:55bloodstained pink shirt and she was
  124. 4:57surrounded by three women. Now, those
  125. 4:59images we haven't been able to see them
  126. 5:00because they have been taken down from
  127. 5:02social media, but within 2 hours of Pena
  128. 5:04arriving at that hospital and police
  129. 5:07being called in to investigate, and it's
  130. 5:09unclear how Pena got to the hospital.
  131. 5:11Police made arrests in this case. They
  132. 5:14arrested Kitty and Cookie Diaz. There's
  133. 5:16a YouTube account titled Good Citizen in
  134. 5:18Del Rio, and they captured video of
  135. 5:21their arrest. This is Kitty Diaz being
  136. 5:23put into the cruiser.
  137. 5:29>> And there is Cookie Diaz smiling. She
  138. 5:31even makes a comment to the camera. This
  139. 5:34was around 4 in the afternoon. Carl
  140. 5:36Pñena about 5 hours later lost her life.
  141. 5:39She died around 9:00 in San Antonio. So
  142. 5:41this is the third person who has been
  143. 5:43arrested allegedly a friend of Cookie
  144. 5:44and Kitty. Her name is Kandra Faz.
  145. 5:46Police have been tight lipped about this
  146. 5:48case to this point. They're not giving
  147. 5:49us much more than what I have been able
  148. 5:50to tell you. We don't know at this point
  149. 5:52what sparked the confrontation between
  150. 5:54Pena and her alleged attackers, if she
  151. 5:56knew them before the alleged attack.
  152. 5:59Police have yet to give any sort of
  153. 6:00possible motive in this case. It is also
  154. 6:02shocking that this case took place in
  155. 6:04the middle of the day and where it took
  156. 6:06place in the middle of the day. Quote,
  157. 6:07"This wasn't something that happened in
  158. 6:09a back alley. This happened at the
  159. 6:11corner near Sonic on one of our busiest
  160. 6:13roads in broad daylight." That was one
  161. 6:15of Pena's friends talking to Keen
  162. 6:18Television. Now, according to Fox News,
  163. 6:20police say that Pena had been stabbed
  164. 6:22twice in the back and a third time in
  165. 6:24the stomach. It is unclear which girl
  166. 6:27allegedly did the stabbing and if only
  167. 6:30one of them had a weapon. According to
  168. 6:31Fox News, the three suspects are
  169. 6:33currently at a correctional facility in
  170. 6:35Del Rio. Police say they are still
  171. 6:36gathering evidence. More charges are
  172. 6:38pending and they're quote trying to
  173. 6:39determine the full circumstances
  174. 6:42surrounding this incident. Now, we spoke
  175. 6:44to the local clerk and they told us that
  176. 6:46the suspects at this point, they don't
  177. 6:47have court dates yet because they
  178. 6:49haven't been indicted and that will come
  179. 6:50from the DA. There's no word yet on a
  180. 6:53timeline there. Another friend of Pyas
  181. 6:55told Fox News this about that image
  182. 6:58allegedly circulating online showing
  183. 7:00this altercation between Pena and her
  184. 7:02alleged attackers. Quote, "That girl,
  185. 7:04she was a fighter. She was still
  186. 7:06standing her ground." This friend also
  187. 7:09posted this on Facebook, saying that
  188. 7:12Caro tried to call her shortly before
  189. 7:15that alleged attack took place. Quote,
  190. 7:17"The last picture we took a few days
  191. 7:19ago. I miss you so much. I'm mad at
  192. 7:21myself for not being able to answer your
  193. 7:23last call today at work. God knows why
  194. 7:26he does things. But I know if I would
  195. 7:27have been there, none of this would have
  196. 7:29happened. I love you, Be, and you will
  197. 7:32always be a sister I never had. I'm
  198. 7:34going to miss calling you at 5:30 a.m.
  199. 7:36and telling you, "Be, I need someone to
  200. 7:37talk to." Your exact words were always,
  201. 7:40"Talk to me, B." I'm going to miss you
  202. 7:43telling me, "Nah, no, no, you don't
  203. 7:45settle. You're a boss. A b- word." I
  204. 7:48know that if I would have gotten out of
  205. 7:50work a few minutes earlier, I wouldn't
  206. 7:52have let you gone down alone. You know
  207. 7:54that. My heart hurts. B, my kids hurt.
  208. 7:57You're gone, but not for God. Joining us
  209. 8:00now to talk more about this
  210. 8:00investigation, retired NYPD detective
  211. 8:02David Sarnney. always great to have you
  212. 8:04here on Law and Crime. So, the victim,
  213. 8:07this mom of five, you just feel for her
  214. 8:09family, for her kids. Uh it was around
  215. 8:112:00 in the afternoon that police get
  216. 8:14the call that she's at the hospital. The
  217. 8:16arrests that we see in this video now
  218. 8:18circulating on social media, those
  219. 8:20happen around 4:00. So, it's like a
  220. 8:23roughly two hours between the
  221. 8:24investigation beginning to the arrest
  222. 8:26being made. What does that tell you uh
  223. 8:29as someone who's done these types of
  224. 8:30investigations?
  225. 8:31>> Well, thanks for having me. comes back
  226. 8:33to these these cases move fast and very
  227. 8:35fluid especially an incident like that
  228. 8:36you have a stabbing you go back to the
  229. 8:38crime scene where it happened apparently
  230. 8:40near that sonic location or another
  231. 8:42complex way you're going to get
  232. 8:43interviews video cameras the thing is
  233. 8:46that area seems to be you can't get
  234. 8:47around there without vehicles so there's
  235. 8:49going to be some sort of uh video
  236. 8:51surveillance or video cameras that may
  237. 8:53have caught a license plate and then
  238. 8:55they work from there it's a very fluid
  239. 8:57detectives move very quickly because
  240. 8:59you're going to have someone go to the
  241. 9:00hospital to find out about the uh the
  242. 9:02victim Then you have detectives go to
  243. 9:03the crime scene to look for witnesses,
  244. 9:05evidence, video, and it moved very
  245. 9:09quickly to all of a sudden you have a
  246. 9:11stabbing and then an arrest within two
  247. 9:12hours. It's really good work by them,
  248. 9:14but this is only part of the of the
  249. 9:17case. Just because you have an arrest
  250. 9:18doesn't necessarily mean that the case
  251. 9:19is over. You still have to do a lot of
  252. 9:21work afterwards.
  253. 9:23>> The video that's circulating online of
  254. 9:25uh Cookie and Kitty being arrested, uh
  255. 9:28it's certainly shocking. You can see why
  256. 9:30it's making headlines. It's like the New
  257. 9:32York Post has it, you know, front and
  258. 9:33center is like, you know, look at these
  259. 9:34smiling smiling girls doing this. But as
  260. 9:37far as like the investigation part of
  261. 9:39it, like when you have a suspect and
  262. 9:41it's Cookie is the one who jokes like
  263. 9:43stop recording and she's smiling in this
  264. 9:45video allegedly as she's being taken
  265. 9:47away. Like how does that impact the case
  266. 9:50that you're building that a prosecutor
  267. 9:52eventually is going to try? Well, when
  268. 9:54we have these calls we call perp walks
  269. 9:56in a sense this is almost happen stance
  270. 9:58where the off detect the cops get there
  271. 10:00and they apprehend the individuals walk
  272. 10:01them out and sometimes that per walk is
  273. 10:04is important because if the defense
  274. 10:06attorney says they were sorry they
  275. 10:08didn't make it they didn't do this they
  276. 10:09seem very jovial they thought it wasn't
  277. 10:11a big deal that's something that helps
  278. 10:13you as an investigator because that's
  279. 10:16another piece to the puzzle
  280. 10:17>> that you still have to add everything up
  281. 10:20which means you do a victimology to find
  282. 10:21out if there's any relationship between
  283. 10:23the victims and the perpetrators
  284. 10:24involved. And again, you have to prove
  285. 10:26him guilty in the court of law, but
  286. 10:27there was enough problem caused by the
  287. 10:29investigators to make these these
  288. 10:30apprehensions. And it comes back to the
  289. 10:33same thing. Her walks are essential
  290. 10:35because it's sometimes you might get
  291. 10:37something come out, you might have a
  292. 10:39conversation come out or they blurt
  293. 10:41something out. the emotional attitudes
  294. 10:43that they showed and what they said is
  295. 10:47so you know if you're getting arrested
  296. 10:49and you act that way that's not you
  297. 10:52don't usually see that happen especially
  298. 10:54something like this cops went to your
  299. 10:55house picked you up and had you walk out
  300. 10:58and you act that way that's that's
  301. 11:00damning in the sense that this is you
  302. 11:02can't just say they were sorry they're
  303. 11:04apologetic you know whatever defense
  304. 11:06attorney is going to try to throw that's
  305. 11:08going to be a good thing to weigh in
  306. 11:09when you when it goes to trial if it
  307. 11:11does go to trial
  308. 11:12Well, and you know, before we get back
  309. 11:14to like the details of the case, I just
  310. 11:15always like have these moments and maybe
  311. 11:16it's from like covering this stuff all
  312. 11:18the time where it's like you're looking
  313. 11:20at someone who, you know, Cookie Diaz,
  314. 11:22she's 19 years old. If this is a murder
  315. 11:25case and she is found guilty of murder
  316. 11:27and she's going to at least spend the
  317. 11:28rest of her life in prison, obviously
  318. 11:30Texas has the death penalty. We can talk
  319. 11:32about that. But like, you just think of
  320. 11:34the things. It's like you're going to be
  321. 11:35eating prison food for the rest of your
  322. 11:37life if you're found guilty. And yet
  323. 11:39there's kind of this like, you know, and
  324. 11:40I'm sure you've seen it before. I mean,
  325. 11:42it's more like, you know, it's not
  326. 11:44potentially uncommon that people just
  327. 11:46don't have this like realization that
  328. 11:48like it's like whatever you like doing
  329. 11:50in your life is done other than what's
  330. 11:52going to be inside of that prison cell
  331. 11:54if someone like Cookie Diaz is found
  332. 11:56guilty of murder.
  333. 11:57>> Yeah. I mean, the disconnect people have
  334. 12:00is amazing. And we're talking about
  335. 12:02people who are younger and we're seeing
  336. 12:04youth crime has been on the rise. We've
  337. 12:06seen 15 to 17 and 20 year olds for some
  338. 12:08reason. I I I continually say this,
  339. 12:10there's a moral there's a broken
  340. 12:11compass, a broken morality into these in
  341. 12:14these younger people because they don't
  342. 12:15understand they they get fixed on social
  343. 12:19media. They get fixed on likes and
  344. 12:21things like that and they get a social
  345. 12:23disconnect where they don't understand
  346. 12:24the like what life's about. You know,
  347. 12:26what's right and what's wrong and they
  348. 12:28kind of like that blurs the lines
  349. 12:30immensely. You know when I talk about
  350. 12:32when you deal with kids you want to
  351. 12:33teach them structure discipline right
  352. 12:36and wrong morality and somewhere along
  353. 12:38the line that's gets fractured. I don't
  354. 12:39know where it's coming from but you
  355. 12:42involve yourself in a fight and this is
  356. 12:44what it's going to be. Apparently it is
  357. 12:45because there's some video of footage
  358. 12:47where the the victim is being assaulted
  359. 12:50and you're okay with that. And not only
  360. 12:52that you there is a weapon involved
  361. 12:54where this victim is stabbed not just
  362. 12:56once, not twice but apparently three
  363. 12:58times. We don't know who the who the
  364. 13:00perpetrator is stabbing him, stabbing
  365. 13:02the girl. But everyone is acting in
  366. 13:04concert. So that's going to be part of
  367. 13:05the investigation is who is the actual
  368. 13:08person stabbed. And if there is, maybe
  369. 13:10there's more than one. We'll determine
  370. 13:11that based on the circumstances because
  371. 13:14the injuries may be stab wounds. Were
  372. 13:16there more was there more than one knife
  373. 13:18involved? Was there more than one
  374. 13:20perpetrator doing the stabbing? So
  375. 13:22that's all going to come out with that
  376. 13:24surveillance video. You're going to
  377. 13:25conduct search warrants at the
  378. 13:26locations. are going to do search
  379. 13:28warrants on their cell phones, on
  380. 13:30computers, just to see where they are
  381. 13:32and if there's any connection between
  382. 13:34the victim and the perpetrators.
  383. 13:36>> So, there was apparently a picture going
  384. 13:38around social media that's that's been
  385. 13:39taken down that like showed part of this
  386. 13:41dispute that was going on. Apparently,
  387. 13:43there's a Sonic restaurant kind of
  388. 13:45involved and you know, there's
  389. 13:46surveillance cameras there. This is a
  390. 13:47busy part of, you know, Del Rio is kind
  391. 13:49of a small town. I think like 35,000
  392. 13:51people, but like still like you're going
  393. 13:52to have surveillance cameras, things
  394. 13:53like that that are going to see. So,
  395. 13:54we'll see how all of that comes into
  396. 13:56play in the investigation. The fact that
  397. 13:58you have three suspects at this point,
  398. 14:00and there is going to be an image
  399. 14:02allegedly showing the three of them
  400. 14:04surrounding this victim, how much does
  401. 14:06it matter if there's only one murder
  402. 14:08weapon, and we don't know if they have
  403. 14:09the murder weapon, but who's doing the
  404. 14:12stabbing and who's just there? Like, how
  405. 14:13does that impact what the charges could
  406. 14:15look like?
  407. 14:16>> Well, that would be up to the prosecutor
  408. 14:17what they're going to pursue. And this
  409. 14:18is a benefit. This would help the
  410. 14:20detectives in the interrogation if they
  411. 14:21have some video footage of this incident
  412. 14:24and if there's one or two or three
  413. 14:26perpetrators involved in the stabbing
  414. 14:27because there is sometimes the weakest
  415. 14:29link the person who would be considered
  416. 14:31the least culpable um then they're going
  417. 14:33to work on that person to say if they
  418. 14:35could say what happened because you know
  419. 14:38when you deal with these situations they
  420. 14:40are in New York State with they're
  421. 14:41acting concert so if one person is
  422. 14:43involved in that three rounds that's why
  423. 14:45it's it's valuable to have that video
  424. 14:48because they can't just say they're are
  425. 14:49standing around. If they're engaged and
  426. 14:51and assaulting her, they're part and
  427. 14:53parcel to the murder of of this of this
  428. 14:54girl, too.
  429. 14:56>> And I think of, you know, and it's
  430. 14:58unclear what their defense is going to
  431. 15:00be. We don't know the circumstances that
  432. 15:01led into this altercation, you know, and
  433. 15:04how it happened and whatever it may be,
  434. 15:06but according to Fox News, the injuries
  435. 15:09to Carl Pñena, she was stabbed twice in
  436. 15:11the back and once in the stomach. How
  437. 15:13does that impact the narrative that
  438. 15:15you're putting together if you're a
  439. 15:16detective in this case that those were
  440. 15:18the injuries that ended up taking her
  441. 15:20life?
  442. 15:20>> Well, that's where you're going to look
  443. 15:21at the the surveillance video and during
  444. 15:24uh the interrogations of these girls
  445. 15:26because you have to see what happened
  446. 15:27and that's why you know it comes back to
  447. 15:29the surveillance video and what they're
  448. 15:31going to say and what you look at also
  449. 15:34the perpetrator's hands because when you
  450. 15:35do with the stabbing is there a chance
  451. 15:37that there was an injury sustained by
  452. 15:39the perpetrator or perpetrators
  453. 15:40involved. So these things are all coming
  454. 15:42into play. detective is going to sit
  455. 15:43there. You have them arrested. You're
  456. 15:45now going to follow up with Now the
  457. 15:48clock kind of slows a little bit because
  458. 15:49now you have them in custody. You do
  459. 15:51your interrogations and if they lawyer
  460. 15:54up, then you're going to work on the
  461. 15:55other facts of the evidence. Anything
  462. 15:56physical that you could find? And also
  463. 15:59search warrants. If they what vehicle
  464. 16:01they transport themselves to and from
  465. 16:03that location, was there more than one
  466. 16:05vehicle? Those are going to get the
  467. 16:06search warrants. They're going to seize
  468. 16:07those cars. They search on the locations
  469. 16:09to see if there's a murder weapon that's
  470. 16:10recovered because we don't know what's
  471. 16:12recovered at the [clears throat] scene.
  472. 16:13We just know there was a scene where
  473. 16:14there, you know, did they dispose of the
  474. 16:16knife? Okay, they dispose of the knife,
  475. 16:18but we still have good video of that and
  476. 16:19other and if there's witnesses because
  477. 16:21it's a small town, so maybe there was
  478. 16:23people who knew them and said this is
  479. 16:25what these are the ones who were
  480. 16:26involved and they had things to to um
  481. 16:29confirm that information with the video
  482. 16:32and the witness identical witnesses that
  483. 16:34might have been available there.
  484. 16:36>> Yeah. And and that can be huge because I
  485. 16:38also think of like you have these three
  486. 16:39people involved. It was lightning quick
  487. 16:40that they were taken into into custody.
  488. 16:42But say you have one suspect who's
  489. 16:44decides, you know, whichever one it may
  490. 16:46be decides that they're going to start
  491. 16:48saying that the other two were the ones
  492. 16:49that really did it and I just happen to
  493. 16:51be there. We don't know what the
  494. 16:52surveillance video shows. But if you
  495. 16:55have witnesses in surveillance video,
  496. 16:57how does that change kind of the
  497. 16:59leverage you have on someone who says,
  498. 17:00"Hey, I want to talk. I want to
  499. 17:02cooperate the investigation." Because it
  500. 17:03sounds like if you're police like you
  501. 17:04wouldn't really need that person
  502. 17:06anymore. If you want to put all three to
  503. 17:09be able to be found guilty of murder,
  504. 17:10>> you still want to get all the pieces of
  505. 17:12the puzzle because one thing which take
  506. 17:13you can't always depend on one piece of
  507. 17:15evidence. I've seen that before. We have
  508. 17:17I've had DNA evidence which has been
  509. 17:19refuted and prosecutor would not pursue
  510. 17:21a case because of just that. We've had
  511. 17:23one ID shootings where the the uh
  512. 17:26prosecutor wouldn't pursue it because
  513. 17:28only one witness. So you have to doesn't
  514. 17:30matter what you think it is, you have to
  515. 17:32build that case, that investigation to
  516. 17:34determine who was involved. Even the
  517. 17:36video that's there, you know, we that's
  518. 17:38part of it. So if they you get it, you
  519. 17:40get statements made that adds to it and
  520. 17:42that's the whole thing because then you
  521. 17:44hand it to the prosecutor and then they
  522. 17:45can make the determination because this
  523. 17:47might be the prosecutor may be in the
  524. 17:48interrogation room with them. We don't
  525. 17:50really know how they don't know how they
  526. 17:51work in Texas. But as far as the
  527. 17:53detectives, we're going to do all the
  528. 17:55work up first before we walk into that
  529. 17:57room. And if we already know who's
  530. 18:00involved or who knew that person was the
  531. 18:02stabber, we usually go to the weakest
  532. 18:03link. We'll find out who the weakest
  533. 18:05link is and we'll talk to them first.
  534. 18:07>> What's your reaction to the fact that I
  535. 18:09mean I I think of a stabbing murder is
  536. 18:11just such a any any murder is a brutal
  537. 18:13murder. You know, it's kind of a cliche
  538. 18:15term people use, but like close stabbing
  539. 18:19to do it in broad daylight on a street
  540. 18:21where you're not hiding it like in a
  541. 18:23house. I mean, it's just whenever we see
  542. 18:25these types of cases, just what stands
  543. 18:28out to you when it's just something
  544. 18:29that's done so literally out in the
  545. 18:31open.
  546. 18:32>> It the violence is just amaz It it it's
  547. 18:35saddening. It's tragic. You can see
  548. 18:37these this you would see this happen and
  549. 18:40we're and they go back to it. We're
  550. 18:41seeing younger and younger people doing
  551. 18:43these things and I don't know, you know,
  552. 18:47the are they broken? Is there is there
  553. 18:49something broken in their head that that
  554. 18:50they think it's okay to do? Um, but as a
  555. 18:54law enforce perspective, we're dealing
  556. 18:55with the the crime itself. So, it's a
  557. 18:57violent crime. We're going to deal with
  558. 18:59it that way. On on the social aspect of
  559. 19:01it, I don't understand. And sometimes we
  560. 19:03deal with groups. Maybe one person
  561. 19:05wouldn't have done it, but a group of
  562. 19:07two or three would do it. We've seen
  563. 19:08that with robberies and shootings where
  564. 19:10one person wouldn't do it. Be a group
  565. 19:12with them. Um, was that what fueled
  566. 19:15them? And that's why that in that the
  567. 19:17evidence that you have prior to walking
  568. 19:20into the room to speak to one to all
  569. 19:22those uh individuals is important to
  570. 19:24have because you don't walk in cold. You
  571. 19:26have to make sure you have every all
  572. 19:27your ducks in a row before you walk in
  573. 19:28the room because you want to hear what
  574. 19:30they have to say, their side of the
  575. 19:31story because video doesn't always
  576. 19:33capture audio. So that way you have what
  577. 19:35they said because like I said, I'm kind
  578. 19:37of crazy. I need to know what what they
  579. 19:39was in their head when they did what
  580. 19:40they did. Because like on that note with
  581. 19:44you know jury's going to want to know
  582. 19:45like why they did this allegedly you
  583. 19:47know if it if it even gets to that
  584. 19:49point. Um but at the same time if
  585. 19:51there's video evidence showing the act
  586. 19:54of stabbing someone with a knife twice
  587. 19:57in the back once in the stomach like do
  588. 20:00you actually need that motive? I'm sure
  589. 20:02there I feel like they're going to find
  590. 20:03a motive. It just seems like it's one of
  591. 20:04those cases where like something had to
  592. 20:06have happened here for as quickly as it
  593. 20:07did. But is that something you actually
  594. 20:09need as you're putting the case
  595. 20:10together?
  596. 20:11>> Not [clears throat] you don't always
  597. 20:12need a motive because the crime itself
  598. 20:14is that action. You know, if there's
  599. 20:16some sort of emot emotional disturbance,
  600. 20:19that's the reason why detectives have
  601. 20:20to, you know, look to deal with the
  602. 20:22defense, the possible defenses that a
  603. 20:24perpetrator would have. So, we want to
  604. 20:26certify that through that investigation.
  605. 20:28That's why the video surveillance. Now,
  606. 20:30we know that she was stabbed twice in
  607. 20:31the back, once in the stomach. Was she
  608. 20:33stabbed in the stomach first? Stabbed
  609. 20:34the back twice. That may come out in the
  610. 20:36video. that also they came out during
  611. 20:37the interviews. So, we can't just depend
  612. 20:40on that. And I and I I always go back to
  613. 20:42this. Even though you think you have
  614. 20:44what you have, there's always a jury
  615. 20:47that may may not believe what you're
  616. 20:48saying because we have to support
  617. 20:50everything. We call the totality of
  618. 20:52circumstances. It doesn't always get to
  619. 20:54a motive. I mean, sometimes you get to
  620. 20:56that why. It's not always there. But
  621. 20:59with the building of the case, you may
  622. 21:01get to that why.
  623. 21:03And then when it comes to I know where
  624. 21:05you worked in New York there's no death
  625. 21:07penalty but in Texas there certainly is.
  626. 21:09Um and you look at this case I mean a
  627. 21:11stabbing middle of the day broad
  628. 21:13daylight all of that mother of five. I
  629. 21:16mean this is a brutal brutal crime for
  630. 21:18sure. Um they're young. I mean I don't
  631. 21:21know how much that actually factors into
  632. 21:22the decision of whether you go for a
  633. 21:24death penalty. But when you look at a
  634. 21:25case like this and what is alleged at
  635. 21:27this point there's a lot still that we
  636. 21:29don't know. You know is this something
  637. 21:31that qualifies? typically in states like
  638. 21:34Texas where that's something that's on
  639. 21:35the table.
  640. 21:36>> Well, that would be up to the prosecutor
  641. 21:37to make a determination and then if they
  642. 21:39want to make this a death penalty case
  643. 21:41um and that would be based on the
  644. 21:43evidence they have to show if this was
  645. 21:45an ongoing dispute that ended that way
  646. 21:47or was it a happen stance moment in
  647. 21:49their lives that all three that they all
  648. 21:51just met up and [clears throat] did
  649. 21:52that. That's why the detectives have to
  650. 21:55do that because that way we can
  651. 21:56determine whether or not and we don't do
  652. 21:58as as an investigator. I don't do that.
  653. 22:01That's up to the prosecute make that
  654. 22:02determination where they want to go
  655. 22:03death penalty case. But we've seen, you
  656. 22:06know, in Texas sentencing is very harsh.
  657. 22:08It isn't like New York where you may not
  658. 22:11get what you think you should be getting
  659. 22:12as punishment. This is a serious crime.
  660. 22:15And not just a serious crime. The
  661. 22:17attitudes of the during the per walk are
  662. 22:23mindbending. It's just mindboggling to
  663. 22:25think this is that you would walk out in
  664. 22:27[snorts] handcuffs by police at your
  665. 22:29house and act that way. It really says a
  666. 22:33lot.
  667. 22:34>> It it makes zero sense. And you know,
  668. 22:36the only context to it is that um Carl
  669. 22:40uh Pñena didn't die until hours after
  670. 22:43that video was shot. But still, I mean,
  671. 22:45if you allegedly, you know, you are
  672. 22:46accused of stabbing someone, you are
  673. 22:48being taken away in handcuffs. And even
  674. 22:51in that moment, um, and I'm unclear, you
  675. 22:54know, it's un, you know, the background
  676. 22:55check that I did, I didn't see any sort
  677. 22:57of previous criminal history on them.
  678. 22:59Like, who knows if they have a juvenile
  679. 23:00record that's still sealed or something
  680. 23:01like that. But still, like to even be in
  681. 23:04that moment and to not recognize the
  682. 23:07weight of the moment or just laugh in
  683. 23:08the face of the weight in that moment
  684. 23:10and the impact it could have on your
  685. 23:11life, it just never makes sense when we
  686. 23:13see when we see these. And
  687. 23:14unfortunately, we have seen um people
  688. 23:18accused of terrible crimes act like this
  689. 23:20during per walks um before. It just will
  690. 23:22never make sense.
  691. 23:23>> Yeah,
  692. 23:23>> it doesn't. It never makes sense. But
  693. 23:25you know what it is? I I'm not a I'm a
  694. 23:28I'm a I'm an investigator. I'm not a
  695. 23:30hack psychologist. And that's the thing.
  696. 23:31I could do what I do as that. If there's
  697. 23:33going to be a psych psychological
  698. 23:35evaluation, let them do it on that end.
  699. 23:37But you know, that defense is going to
  700. 23:40be refuted by what the investigators
  701. 23:42bring to the table to that case. And
  702. 23:44that's why it's important because the
  703. 23:45prosecutor will be a part of the case,
  704. 23:47but the detectives are the ones who have
  705. 23:49to get the evidence because that's what
  706. 23:51it comes down to. The facts matter. It's
  707. 23:53not my what I feel, what I think. It's
  708. 23:55what I can prove by what the the
  709. 23:57evidence that I recover from a scene.
  710. 23:59Um, video and the like. Anything like
  711. 24:01that?
  712. 24:03>> Yeah. And we'll see what happens next.
  713. 24:04We'll see what their side of the story
  714. 24:05is uh eventually if and when that comes
  715. 24:07out. Retired NYPD detective David
  716. 24:09Sarnney, always great to have you on
  717. 24:11Long Crime. Thanks for being here. Thank
  718. 24:12you very much and stay safe.
  719. 24:14>> That will do it for On the Case
  720. 24:15presented by Law and Crime. Subscribe to
  721. 24:17us on YouTube and Spotify and we are
  722. 24:19also now streaming on Peacock. I'm Chris
  723. 24:21Stewart. We'll see you next time.

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