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[signal bell ringing]
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[man] It's difficult for me
to go back and...
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and try to quantify how I felt
or what I was thinking.
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To actually be able to put myself
into the situation.
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It always-- for a long time, I know,
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it seemed that I was looking at it
from outside...
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It just seemed like watching
something on the screen.
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Not as something
that I was really experiencing.
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My name is, uh, Miguel Angel Martinez.
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I was convicted of capital murder.
And I was sentenced to death.
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[man 1]
And I walked up, I fired one shot.
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And as I got closer,
I fired one more shot.
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[man 2] She was shot through the cheek
and it stopped in her jaw.
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[man 3] I drove him around behind a desk
and I stabbed him approximately 25 times.
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[man 4] I couldn't believe it.
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I just thought I can't believe
I just killed somebody.
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[man 5]
I don't feel bad about it. [laughs]
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[man 6] I started stabbing him,
stabbing the guy on the couch.
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I look back and I don't see myself
having a very different life
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or experience than most average teenagers.
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Going to school, meeting people,
wanting to go out to parties.
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I remember it was a, uh...
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it was a weekday, but I think
we were on vacation for something.
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It was in the early afternoon
that I saw Venegas,
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who I knew from school.
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I had one class with him.
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And he told me about a party
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that was supposed
to be happening that night
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and about going to see Milo.
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Milo Flores.
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He was a person that I hung out with.
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I would go to his house
and we would go to parties together.
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Venegas was 16 at that time.
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Flores was 17, and I was 17.
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Milo, basically, had his own apartment
behind his parents' house.
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His father was wealthy,
at least in my eyes.
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Milo had the means to get drugs
that I didn't,
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so that was what joined us,
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that was smoking marijuana
and doing cocaine.
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[upbeat music playing]
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Venegas had a tendency to...
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do a lot and get very, very expressive.
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He wasn't somebody
that I necessarily enjoyed having around.
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It might have been close to midnight.
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He was very excited,
he was uh, very uh, hyper,
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and he wanted to go do something.
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Right then and there, go outside
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and stone a car, stone a house--
do something.
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And that's what happened that night.
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I can't say that there was a reason,
that there was a planning
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or an intention, really,
behind going to this particular house.
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Milo and I had been there before,
a couple of times.
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And we had already used some keys
to get into the house
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and take things out
which we exchanged for drugs.
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I knew the person that lived there,
I knew he lived alone.
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As a matter of fact,
I had been working for him in the past.
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I met him when I was 15 years old.
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He took an interest in me. It was, uh...
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I think it can be considered
him seeing somebody that needed a...
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a father, or him seeing somebody that...
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that was disadvantaged and trying to help.
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I had been given keys to his house.
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On several occasions, I've...
I actually stayed with him at night. Uh...
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Going to work the next morning,
he was, uh...
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he was my ride, I guess.
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And so, uh, we decided to go
to that house.
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It was supposed to be
what we had done before.
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Nobody home, go in and take something
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and what Venegas was insistent on
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was doing some damage,
tearing something up.
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And so what we took with us
were a baseball bat,
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an axe, and some knives.
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Milo had dropped us off
about two blocks away
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so that he could make a slow circuit,
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give him enough time to drive around
and then come pick us up.
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It was not supposed to take very long.
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When we got to the house...
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I had a bad feeling, I guess.
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Venegas walks over to the house and...
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when he came back, uh,
he tells me there's somebody in the house.
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Uh... which was a surprise, a shock.
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And...
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My thoughts were to get away,
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my thoughts were,
"I need to get... get out of here."
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Everything had switched.
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There was something that changed with him.
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He was on a mission and...
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It was not to go steal anything,
it was not to go trash anything.
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To him, he was on a mission for Satan.
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Satan wanted their souls.
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The reason that I didn't leave...
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I was scared of him at that point.
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In memory, things seem to go slow
from that point on,
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and I can't really explain
how the sequence happens
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or how long between one... one memory
or one flash of memory to the other.
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But I remember standing over a guy,
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sleeping on the couch,
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which was a few feet away
from the entrance.
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I mean, I couldn't say how old he was,
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I couldn't say I even knew
what he looked like.
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[clock ticking]
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[Martinez] Venegas had the axe.
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And, um...
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He hit him.
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He hit him one time.
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And uh, he had a knife,
and I had a knife, and...
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And he started stabbing,
stabbing the guy on the, uh, on the couch.
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I don't how long it took,
I don't know how long it... it really was.
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It seems to have been
something very quick and uh...
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The part that I remember
is Venegas looking up at me
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with the knife
and telling me it was my turn.
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And...
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I had a folding knife and so I unfolded it
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and looked at the body
that was laying there below me
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and I stabbed him...
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and uh... walked away.
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Walked towards the back of the...
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of the house
where there was a sliding door
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that led into the back yard.
120
00:11:13,080 --> 00:11:15,400
And I don't know how long I was out there.
121
00:11:17,480 --> 00:11:23,240
It had to be enough time...
that when I came back in,
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Venegas was standing there.
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What I didn't know was that,
during that time that I was outside,
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he had stabbed one other person...
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who was, uh, in one of the rooms.
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Uh...
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What I remember is saying
that I wanted to leave and...
128
00:11:50,720 --> 00:11:52,800
he told me to give him the axe.
129
00:11:53,960 --> 00:11:58,240
And he walked back down the hallway
into the back room.
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I didn't see what he did.
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Uh...
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When he came back, uh,
he told me there was...
133
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there was a guy back there.
134
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And that Satan wanted their soul.
135
00:12:28,240 --> 00:12:32,440
We took one TV
that was in the living room...
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and his car.
137
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And we drove. We drove to Milo's house.
138
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We drove down the street
where he was supposed to be waiting
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but he wasn't there.
140
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And so we went to his house and, uh...
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He told me not to go in,
that he was going to go talk to Milo.
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And he came back.
I don't know how long it was.
143
00:13:03,240 --> 00:13:09,080
From there, I remember going with Venegas,
and going to other people's houses.
144
00:13:14,240 --> 00:13:18,720
When I got home it was late afternoon.
145
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And, uh, I never saw Venegas again.
146
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I remember Milo telling me that, uh,
he wanted to talk to me that night.
147
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He was worried about Venegas
saying something about him.
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And...
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That was the last time I spoke to Milo
before I got arrested.
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[man] Sometimes,
not even when we think about it.
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Thank You, Lord, for Your miracles,
in our lives
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and in our hearts.
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Lord, fill us with Your spirit today.
But Lord, as the sermon comes...
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My name is Jay Dickey,
and this is First Baptist Church.
155
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...and we will be attentive to everything
that Pastor Ben has to say.
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Nobody would have thought, of all people,
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that Jim Smiley would be someone
who would have been attacked like that.
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We never actually take the time to share
the gospel with people, don't do that.
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00:15:09,840 --> 00:15:15,080
James had a-- or "Jim," as we called him,
had a really fabulous personality
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00:15:15,160 --> 00:15:19,240
and a great gift of sense of humor
and that kind of stuff.
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Jim did some mission work in Nuevo Laredo
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with uh, this orphanage that
he was helping some missionaries with.
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He spent a lot of time
going back and forth
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and using a lot
of his own resources to... to do that.
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He just loved people
so he was always involved
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in one way or another, uh,
helping out with families who had needs
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but also with the youth group.
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We had a fairly large youth group
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and Jim got really involved in that
and in other parts of the church.
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Nobody could believe
that something like that would happen
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especially to James Smiley.
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He'd give the shirt off his back to you
to help you out if you needed it.
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We lost uh, three people
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who had no reason to die whatsoever.
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...and then as we take the offering...
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Well, as a Christian, I have to believe
that anyone can be redeemed. But...
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there was a suggestion that there had been
some kind of a satanic ritual first.
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Forgive us...
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[Dickey] It was an axe.
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In Jesus name we pray, amen.
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That's pretty extreme.
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[radio dispatcher speaking]
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The tip of the iceberg, the tip of this--
of the pyramid on any police job
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00:16:57,560 --> 00:16:58,600
is homicide,
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because you get to investigate
the killing of another human being.
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00:17:10,040 --> 00:17:14,040
[radio dispatcher speaking]
187
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I'm going to make a right turn over here
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and then we're going to start
going towards the house.
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00:17:23,480 --> 00:17:24,599
[Torres] I'm trying to remember that day.
190
00:17:24,680 --> 00:17:28,880
I was, you know, I was the only detective
working at the time. It was nighttime.
191
00:17:29,280 --> 00:17:32,560
and my beeper started going,
so I called the police station
192
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and they tell me,
193
00:17:33,840 --> 00:17:36,360
"Look, there are officers
that had showed up to this house."
194
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They found dead bodies out there
195
00:17:39,120 --> 00:17:42,760
so he's requesting
a homicide detective out there.
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This is it.
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00:17:51,600 --> 00:17:53,120
So I just drove up to the scene here
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00:17:53,200 --> 00:17:56,160
and of course, there were several
police cars with the lights on
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00:17:56,240 --> 00:17:58,760
already here and then,
the first officer at the scene,
200
00:17:58,840 --> 00:18:02,360
he gave me a briefing
what he saw inside the house,
201
00:18:03,480 --> 00:18:06,080
after that, I decide to walk
inside the house.
202
00:18:06,160 --> 00:18:07,160
[police siren whoops]
203
00:18:11,560 --> 00:18:14,360
What caught my attention
was the level of violence
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00:18:14,440 --> 00:18:17,440
that was used to kill
these three people out there.
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Their bodies, their heads were smashed.
They were hit, they were slashed,
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00:18:22,400 --> 00:18:27,800
and in a way that the level of violence
was incredible.
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00:18:30,000 --> 00:18:32,960
And apparently,
everybody was asleep at the time.
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00:18:34,440 --> 00:18:36,840
The youngest victim, 14 years old,
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most likely put up a fight, and...
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There were signs in the room that
he actually struggled for his own life.
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00:18:47,480 --> 00:18:50,760
The other two victims,
they were killed as they slept.
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00:18:55,040 --> 00:18:57,000
Another concerning thing that, uh...
213
00:18:57,600 --> 00:19:01,640
In the master bedroom
where the owner of the house was killed,
214
00:19:02,120 --> 00:19:06,080
there was a crucifix
that was actually turned upside down.
215
00:19:08,040 --> 00:19:11,680
Had the person responsible
done that, as a sign?
216
00:19:11,760 --> 00:19:16,680
As you know, devil worshipping,
or was it just as a prank? We had no idea.
217
00:19:20,960 --> 00:19:26,040
By seeing that there
was not a forced-entry type of issue...
218
00:19:27,160 --> 00:19:28,720
It was, uh, you know...
219
00:19:28,800 --> 00:19:32,520
the person responsible
entered the house with a key.
220
00:19:32,800 --> 00:19:35,400
You know, most of the homicides
are committed by people
221
00:19:35,480 --> 00:19:37,000
who are known to the victim.
222
00:19:37,880 --> 00:19:40,960
And one of the defendants,
Miguel Martinez,
223
00:19:41,040 --> 00:19:44,520
turned out to be an ex-employee
of Mr. Smiley,
224
00:19:44,600 --> 00:19:46,560
who was the owner of the house.
225
00:19:47,880 --> 00:19:51,160
The other one was Venegas, Miguel Venegas.
226
00:19:52,360 --> 00:19:55,840
They were the two people responsible,
directly responsible for the killings.
227
00:19:57,240 --> 00:19:59,560
And of course,
they had a third friend out there,
228
00:19:59,640 --> 00:20:04,600
who facilitated and loaned them
what we call now the" murder weapons."
229
00:20:06,440 --> 00:20:09,520
And it became
a huge issue here, that uh...
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that was the son
of a local district judge.
231
00:20:31,640 --> 00:20:34,680
My name is Manuel Flores,
and I'm a native Laradoan.
232
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I've been a practicing attorney
since 1975,
233
00:20:46,200 --> 00:20:50,800
Twenty years as a district judge,
four years as a county court at law judge.
234
00:20:53,840 --> 00:20:59,640
I never thought that the kinds of cases
that I would hear that someday,
235
00:20:59,720 --> 00:21:02,400
those issues would visit me personally.
236
00:21:21,320 --> 00:21:25,080
It was a morning
and I was getting ready to go to work,
237
00:21:25,160 --> 00:21:28,480
and two police officers
knocked on my door.
238
00:21:29,000 --> 00:21:31,880
And, uh, as I recall, they told me,
239
00:21:31,960 --> 00:21:35,360
"You know, this axe murder
that's been in the news,
240
00:21:35,440 --> 00:21:39,160
we understand the axe is here
at your home."
241
00:21:40,160 --> 00:21:42,600
And of course I, I was shocked.
242
00:21:43,160 --> 00:21:48,640
And uh... so I enquired of my son, and...
243
00:21:48,920 --> 00:21:51,960
"Son, did somebody borrow the axe?"
And he said, "Yes."
244
00:21:52,120 --> 00:21:57,160
And, "Where is it?" and he said,
"It's here by the woodpile."
245
00:21:57,360 --> 00:21:58,400
So, "Well, go get it. "
246
00:22:01,480 --> 00:22:04,920
I got it and I gave it to them,
no questions asked.
247
00:22:06,040 --> 00:22:09,280
Come on, Crystal, good girl.
248
00:22:12,400 --> 00:22:17,760
Then, I think it was, uh,
Investigator Torres,
249
00:22:17,840 --> 00:22:20,560
asked me if he could interview my son.
250
00:22:22,120 --> 00:22:26,680
I had this great fear
that maybe he had been involved,
251
00:22:26,760 --> 00:22:28,880
that maybe he had done something.
252
00:22:30,120 --> 00:22:33,480
But... he explained that, uh,
253
00:22:33,560 --> 00:22:36,080
he may have been together
with Martinez there at the house
254
00:22:36,160 --> 00:22:40,000
and then Venegas showed up
or Venegas and Martinez showed up.
255
00:22:40,080 --> 00:22:44,280
I don't remember exactly how it happened
but in any event, he explained that...
256
00:22:45,200 --> 00:22:48,560
they were talking
about going to trash a house,
257
00:22:49,600 --> 00:22:53,080
to do something bad to someone
who appeared to be good
258
00:22:53,160 --> 00:22:54,800
but was really bad.
259
00:22:59,600 --> 00:23:02,200
And, uh, they asked him,
260
00:23:02,280 --> 00:23:05,240
"Why did they take your knife
261
00:23:05,320 --> 00:23:11,720
and why did they take the axe that
was outside there in the uh, carport?"
262
00:23:13,840 --> 00:23:17,400
And he said, "Well, they wanted a gun
but I told them no.
263
00:23:19,480 --> 00:23:22,080
And since all they were going to do
is trash the house,
264
00:23:22,160 --> 00:23:23,760
I thought nothing of it."
265
00:23:25,640 --> 00:23:27,440
And what I wanted to do
was get rid of them
266
00:23:27,520 --> 00:23:30,240
because they were acting, uh,
real strange."
267
00:23:31,920 --> 00:23:35,320
You know, my son had access to our guns,
268
00:23:35,400 --> 00:23:39,560
and later on,
I found out that he lied to him
269
00:23:39,640 --> 00:23:43,040
to make up the story
to not give him a gun.
270
00:23:45,160 --> 00:23:49,760
[Flores] He's a gentle, gentle person
who would never hurt anybody.
271
00:23:52,960 --> 00:23:56,640
Investigator Torres said,
"Look, we know exactly what happened.
272
00:23:56,720 --> 00:23:59,120
The two boys that committed those murders
273
00:23:59,200 --> 00:24:02,640
have both confessed
and explained how it happened.
274
00:24:02,720 --> 00:24:05,000
And based on the circumstances,
275
00:24:05,080 --> 00:24:08,320
your son could not have known
what was going to happen."
276
00:24:09,400 --> 00:24:11,080
The facts are he left,
277
00:24:11,240 --> 00:24:15,200
and they themselves said
they had not formulated the idea
278
00:24:15,280 --> 00:24:16,680
to kill anybody.
279
00:24:17,040 --> 00:24:21,880
It was an idea that Venegas had
after they entered
280
00:24:21,960 --> 00:24:24,280
and found out there were people
sleeping in there
281
00:24:24,360 --> 00:24:28,080
and when they started to leave,
that Venegas said something to the effect,
282
00:24:28,160 --> 00:24:30,360
"Let's go back and take their souls."
283
00:24:32,560 --> 00:24:35,280
But that was just the beginning
of the story
284
00:24:35,560 --> 00:24:40,480
because my son testified
that they had been at my house,
285
00:24:40,560 --> 00:24:43,440
and my son had given them a ride
into that neighborhood
286
00:24:43,520 --> 00:24:45,440
where they committed the offense.
287
00:24:47,320 --> 00:24:51,680
When that got in the paper,
that gave rise to a lot of problems.
288
00:24:52,000 --> 00:24:54,320
And, uh, people were talking,
289
00:24:54,400 --> 00:24:58,480
and the assumption was that
I had used some kind of influence, uh,
290
00:24:58,560 --> 00:25:00,360
to save my son from being prosecuted.
291
00:25:00,440 --> 00:25:02,880
And nothing could be further
from the truth.
292
00:25:04,720 --> 00:25:10,560
I would have preferred for him
to be accused and face a jury of his peers
293
00:25:10,640 --> 00:25:13,640
and that he would have been
declared innocent.
294
00:25:14,760 --> 00:25:17,720
Because there were no facts
that showed any guilt.
295
00:25:19,880 --> 00:25:22,080
That's why I don't want him
to get involved.
296
00:25:22,160 --> 00:25:25,680
I don't want all the crazies out there
to put him through the anguish
297
00:25:25,760 --> 00:25:29,720
and the agony that he had since 1991.
298
00:25:30,200 --> 00:25:33,880
And I just want him to live a normal life
and be done with this.
299
00:25:33,960 --> 00:25:35,640
And I wish it would go away.
300
00:25:35,720 --> 00:25:37,720
[birds chirping]
301
00:25:51,160 --> 00:25:53,240
[man] You get the first call.
302
00:25:54,440 --> 00:25:59,200
You get there and you secure the evidence,
secure the area,
303
00:25:59,520 --> 00:26:02,360
and you start investigating from zero.
304
00:26:27,200 --> 00:26:29,440
These are the weapons that were used.
305
00:26:31,920 --> 00:26:32,760
[clicks]
306
00:26:40,360 --> 00:26:42,240
Hello. The axe is here.
307
00:26:45,400 --> 00:26:49,640
This is-- this is what I call hands-on.
308
00:26:54,360 --> 00:27:00,160
When you crack somebody's skull with that
and the blood's squirting everywhere,
309
00:27:00,240 --> 00:27:05,480
crunching of the bone,
these are hands-on weapons.
310
00:27:06,400 --> 00:27:10,480
It takes a lot, you know. You have to be
really into what you're doing.
311
00:27:11,120 --> 00:27:13,960
Yeah, it's not like, "I did it
and I didn't know what I was doing."
312
00:27:14,040 --> 00:27:18,720
It's something that you do
and then you go to the next room
313
00:27:18,800 --> 00:27:19,840
and you do it again,
314
00:27:19,920 --> 00:27:22,880
and then you go
to the next room and do it again.
315
00:27:23,560 --> 00:27:26,960
You know,
it's actually like a continuing...
316
00:27:29,080 --> 00:27:31,920
thing in your mind to do this evil thing.
317
00:27:35,000 --> 00:27:38,360
One of the perpetrators said
318
00:27:38,440 --> 00:27:41,800
that the devil told him to go back
and take their souls.
319
00:27:43,440 --> 00:27:46,800
And you say, well,
how could the devil be involved? Well...
320
00:27:47,720 --> 00:27:51,920
I think this case
could have been induced by drugs
321
00:27:52,000 --> 00:27:55,240
because apparently
they were using some drugs
322
00:27:55,760 --> 00:27:59,560
and you can get an induced high
323
00:28:00,440 --> 00:28:05,560
that would create hallucinations
and might create the voice.
324
00:28:05,640 --> 00:28:07,320
In this case, I don't know.
325
00:28:07,680 --> 00:28:12,000
I think you need to ask the one
that did it.
326
00:28:14,720 --> 00:28:19,520
If you believe in God,
and God believes in the devil,
327
00:28:19,600 --> 00:28:21,800
you know that that the devil is out there.
328
00:28:54,120 --> 00:28:57,280
[Venegas]
Now what I'm about to tell you...
329
00:28:58,280 --> 00:29:00,760
I stopped myself from telling anybody.
330
00:29:02,360 --> 00:29:05,520
Because of parole,
and what are they gonna think about me.
331
00:29:07,600 --> 00:29:12,080
The warp in my mind happened
when I was eight years old,
332
00:29:12,160 --> 00:29:13,360
seven or eight years old.
333
00:29:14,760 --> 00:29:16,680
At eight years old I became...
334
00:29:17,640 --> 00:29:22,000
um, convinced
that I was the son of a devil.
335
00:29:22,960 --> 00:29:26,440
In Juarez, there used to be
a bunch of black widows.
336
00:29:26,520 --> 00:29:29,600
You know, those, uh... spiders,
337
00:29:29,880 --> 00:29:32,600
and I would tell myself,
"If I'm the son of a devil,
338
00:29:32,680 --> 00:29:34,680
none of these spiders is gonna bite me."
339
00:29:35,080 --> 00:29:39,520
And I would fill up a jar of black widows
and go catch them
340
00:29:39,600 --> 00:29:41,120
and uh, take off my shirt,
341
00:29:41,200 --> 00:29:44,280
be on the ground and I tell my friends,
"I'm the son of the devil."
342
00:29:44,360 --> 00:29:50,600
And I'd just take off the--
put those black widows on my chest.
343
00:29:50,840 --> 00:29:52,880
None of them ever bit me. [chuckles]
344
00:29:52,960 --> 00:29:54,000
So I'm thinking,
345
00:29:54,080 --> 00:29:58,040
I'm convincing myself that I'm the son
of a devil because of this.
346
00:29:59,120 --> 00:30:01,640
That was a little phase
that I went through...
347
00:30:03,400 --> 00:30:05,600
and then as it came, it went.
348
00:30:12,840 --> 00:30:18,080
I met Martinez in my sophomore year
in pre-algebra class.
349
00:30:18,160 --> 00:30:19,040
[sniffs]
350
00:30:19,400 --> 00:30:22,960
I didn't know Manuel Flores,
I didn't know his dad was a judge.
351
00:30:25,760 --> 00:30:27,160
It came out that one night...
352
00:30:28,640 --> 00:30:30,720
we were, you know, snorting some lines.
353
00:30:34,760 --> 00:30:38,280
and Manuel Flores, he kind of like hinted,
354
00:30:38,680 --> 00:30:41,120
"Hey, man,
I'm always pulling out the coke."
355
00:30:41,920 --> 00:30:43,120
Which was true.
356
00:30:43,440 --> 00:30:46,480
He was the one that had money.
We didn't have no money.
357
00:30:47,640 --> 00:30:50,720
I don't like for anybody
to say that to me.
358
00:30:50,800 --> 00:30:55,720
I don't like mooching, you know?
I don't like taking stuff from somebody.
359
00:30:56,360 --> 00:30:58,400
So I said, "Hey, well...
360
00:30:59,800 --> 00:31:03,760
what can we do you, you know?
I mean, we ain't got no money."
361
00:31:05,000 --> 00:31:09,040
And it so happened
that Martinez had a key to this house
362
00:31:09,720 --> 00:31:13,960
and, uh, they came up
with the idea to go steal.
363
00:31:14,240 --> 00:31:18,080
Because supposedly,
this guy had a stash of money.
364
00:31:18,920 --> 00:31:21,800
Because Martinez knew him.
365
00:31:22,800 --> 00:31:23,680
[sniffs]
366
00:31:23,760 --> 00:31:27,640
I'm like, "Sounds all right, sounds good.
Sounds like a plan."
367
00:31:29,440 --> 00:31:32,640
I'm like, "Well, how are we going to scare
this dude into giving us money?"
368
00:31:33,440 --> 00:31:37,960
Manuel Flores said,
"You know, well, I got a gun."
369
00:31:39,760 --> 00:31:41,960
I'm like, "Okay, so..."
You know, I'm wired up!
370
00:31:42,040 --> 00:31:45,320
I'm... "Let's go do it!"
Because I want some more cocaine.
371
00:31:45,680 --> 00:31:46,680
[sniffs]
372
00:31:47,920 --> 00:31:52,640
And Manuel's like, "Well, hold on."
And he takes off and comes back
373
00:31:52,720 --> 00:31:58,240
and says, "Nah, well, my dad put the gun
in the locker and locked it."
374
00:31:59,520 --> 00:32:04,600
And I say, "Well, lend me your...
your knives."
375
00:32:04,680 --> 00:32:07,440
He was always sharpening
some knives that he had.
376
00:32:08,920 --> 00:32:09,840
Okay.
377
00:32:11,040 --> 00:32:12,400
I said, "Take me to your shed," right?
378
00:32:12,720 --> 00:32:14,200
So, we go to this shed.
379
00:32:15,160 --> 00:32:17,440
And I'm looking, and there's an axe.
380
00:32:19,240 --> 00:32:21,360
And there's a... there's a bat.
381
00:32:23,360 --> 00:32:26,360
I said, "Well, yeah, we'll take that,
and we'll take a bat."
382
00:32:27,720 --> 00:32:29,200
And I said, "Well...
383
00:32:30,240 --> 00:32:32,840
why don't...
why don't we just kill the dude, then?"
384
00:32:36,080 --> 00:32:38,120
"Ah, tsk. You won't do that."
385
00:32:40,200 --> 00:32:43,840
I come from a... machista culture.
386
00:32:45,000 --> 00:32:46,600
A dare is a dare.
387
00:32:50,640 --> 00:32:52,480
[crickets chirping]
388
00:32:57,760 --> 00:32:59,280
[tires squealing]
389
00:33:01,520 --> 00:33:05,960
I had been doing some hallucinogens
during the day.
390
00:33:09,680 --> 00:33:13,160
And, uh...
well, add the cocaine to that.
391
00:33:14,840 --> 00:33:16,560
But I still...
392
00:33:16,640 --> 00:33:19,640
I still kind of knew
what I was doing, you know?
393
00:33:22,720 --> 00:33:26,200
He gives us a ride and he takes off.
394
00:33:27,120 --> 00:33:28,880
So we go to this place...
395
00:33:31,160 --> 00:33:33,720
and we looked through the windows
and I see that there's...
396
00:33:33,800 --> 00:33:35,600
there's three dudes in here.
397
00:33:38,480 --> 00:33:40,360
And now, everything's changed.
398
00:33:43,320 --> 00:33:45,080
"Oh, man, we should go."
399
00:33:45,440 --> 00:33:47,280
And I'm like, "We can't go anywhere."
400
00:33:49,360 --> 00:33:53,440
And it seeps in my mind,
I have to kill these three people.
401
00:33:56,640 --> 00:34:00,800
And then I remember,
when I was younger, with the spiders.
402
00:34:04,400 --> 00:34:06,000
I saw it as a sign.
403
00:34:07,440 --> 00:34:11,679
And I say, "More souls to the devil."
404
00:34:14,639 --> 00:34:20,000
So we go to the guy.
He's on the couch and he's asleep.
405
00:34:23,080 --> 00:34:24,239
And I got the axe.
406
00:34:28,000 --> 00:34:29,760
And I'm just like...
407
00:34:31,400 --> 00:34:35,040
thinking about it and I'm like--
but I'm high, too.
408
00:34:37,320 --> 00:34:40,840
And at the same time,
I want to pump myself up to do it.
409
00:34:44,080 --> 00:34:45,520
And the guy wakes up.
410
00:34:48,639 --> 00:34:50,520
He wakes up and he looks at me.
411
00:34:54,440 --> 00:34:56,320
And he goes back to sleep.
412
00:34:58,480 --> 00:35:02,320
And I'm thinking to myself,
"Oh, the devil's got my back."
413
00:35:03,320 --> 00:35:05,560
That's what I became convinced of.
414
00:35:07,720 --> 00:35:09,680
I strike him with the axe.
415
00:35:13,920 --> 00:35:14,960
And then...
416
00:35:16,560 --> 00:35:19,600
I don't know whether I left the axe
on his head,
417
00:35:19,880 --> 00:35:24,640
or I took it off and put it to the side
and I started stabbing him in the chest.
418
00:35:29,680 --> 00:35:32,840
Martinez said that, uh,
he only stabbed the guy one time.
419
00:35:32,920 --> 00:35:34,800
I don't know if he did or not.
420
00:35:34,960 --> 00:35:37,440
I don't know if it was one time,
two times, three--
421
00:35:37,520 --> 00:35:40,080
I was focused on something else.
422
00:35:40,240 --> 00:35:42,960
I was thinking,
"I need to get out of here.
423
00:35:44,280 --> 00:35:46,720
I need to kill these people
and get out of here."
424
00:35:47,520 --> 00:35:48,840
That's what I was thinking.
425
00:35:53,200 --> 00:35:57,600
Before long, I see that Martinez
is not there anymore.
426
00:36:00,360 --> 00:36:03,720
And later on I came to find out
that he went outside to puke.
427
00:36:03,960 --> 00:36:08,600
He comes back in and he's like,
"Man, I don't want to do this."
428
00:36:08,680 --> 00:36:10,280
I said...
429
00:36:10,840 --> 00:36:15,280
"Hey, don't step out of this house
again until we do this
430
00:36:15,360 --> 00:36:17,000
or the devil's gonna kill us."
431
00:36:18,600 --> 00:36:20,760
That's what was in my head.
432
00:36:20,840 --> 00:36:24,040
That's what I believed.
That's what I thought.
433
00:36:25,840 --> 00:36:27,160
I said, so...
434
00:36:28,000 --> 00:36:29,400
I said, "Look.
435
00:36:30,040 --> 00:36:33,160
Just go to the side, man.
I'll take care of the rest."
436
00:36:38,320 --> 00:36:41,280
I went to the kid's--
I didn't know he was a kid,
437
00:36:41,360 --> 00:36:45,680
until I got in there--
started stabbing him in the stomach.
438
00:36:46,120 --> 00:36:49,400
And, uh, I heard his voice,
439
00:36:49,840 --> 00:36:52,680
"Hey, man," he told me,
"Hey, man, hey, man." and I'm like...
440
00:36:53,880 --> 00:36:56,280
And then I've seen him and he's a kid.
441
00:37:00,200 --> 00:37:03,240
I go next door
to where Smiley was sleeping.
442
00:37:03,920 --> 00:37:08,720
I did this-- I got the axe,
chopped him in the head and...
443
00:37:09,320 --> 00:37:10,440
Uh...
444
00:37:14,120 --> 00:37:15,360
And that was it.
445
00:37:19,480 --> 00:37:23,320
We didn't find no money.
We took a TV, a VCR,
446
00:37:23,400 --> 00:37:26,880
little rings, or whatever the hell.
447
00:37:27,440 --> 00:37:30,400
I turned some crucifixes upside-down.
448
00:37:31,320 --> 00:37:32,400
Uh...
449
00:37:34,000 --> 00:37:35,040
And we took the car.
450
00:37:35,520 --> 00:37:39,400
And I was happy.
Because I was not gonna die.
451
00:37:40,640 --> 00:37:41,760
That was...
452
00:37:43,800 --> 00:37:47,080
the main reason why I did that.
453
00:37:47,480 --> 00:37:49,640
Whether it makes sense to anybody,
454
00:37:50,640 --> 00:37:52,000
it made sense to me.
455
00:37:55,800 --> 00:37:58,920
I took three lives. I did that.
456
00:37:59,880 --> 00:38:01,360
I can't lie.
457
00:38:01,800 --> 00:38:06,600
I can't say that I did not do something
so heinous.
458
00:38:08,080 --> 00:38:12,760
And the 41 years that were given to me
is just like a little slap in the hand.
459
00:38:15,000 --> 00:38:16,880
I said, "Even if I do the whole time,
460
00:38:18,320 --> 00:38:20,120
which probably is gonna happen,
461
00:38:21,400 --> 00:38:25,240
even if I do the whole time,
it won't pay for one life, man."
462
00:38:29,400 --> 00:38:33,960
I can't say that there was a reason
or that there was a planning
463
00:38:34,360 --> 00:38:38,920
or an intention really behind
going to this particular house.
464
00:38:39,240 --> 00:38:42,280
I knew the person that lived there,
I knew he lived alone.
465
00:38:42,880 --> 00:38:46,120
Uh, as a matter of fact,
I had been working for him.
466
00:38:46,280 --> 00:38:49,080
It was supposed to be
what we had done before.
467
00:38:49,160 --> 00:38:52,680
Nobody home, go in, and take something
468
00:38:52,760 --> 00:38:57,720
and what Venegas was insistent upon
469
00:38:57,800 --> 00:39:02,000
was doing some damage,
tearing something up.
470
00:39:03,000 --> 00:39:06,840
I don't remember...
uh, I don't remember it like that.
471
00:39:09,640 --> 00:39:12,600
He seems to have selective memory.
I mean, we all do.
472
00:39:14,880 --> 00:39:18,080
I'm not trying to transfer him
'cause we're in it together.
473
00:39:18,920 --> 00:39:22,280
He came up with the idea
to go to that house.
474
00:39:22,680 --> 00:39:24,360
He knew what we were gonna do.
475
00:39:25,320 --> 00:39:26,960
We share the blame.
476
00:39:28,720 --> 00:39:30,880
Whether he accepts the fact,
477
00:39:30,960 --> 00:39:35,120
or whether he,
"I thought he was kidding or..."
478
00:39:36,200 --> 00:39:38,160
No! You participated.
479
00:39:40,480 --> 00:39:43,040
And, uh, he doesn't mention anything,
480
00:39:43,120 --> 00:39:48,280
or he doesn't go into detail
as to his relationship to, uh, Mr. Smiley.
481
00:39:49,040 --> 00:39:51,040
He doesn't even want to say his name.
482
00:39:53,160 --> 00:39:56,400
Now, when we're in the house,
and I asked him, "Well, who's this guy?"
483
00:39:56,480 --> 00:39:58,200
"Ah, man. He's just some faggot!"
484
00:39:58,280 --> 00:40:01,160
That's what he said. "He's a faggot."
485
00:40:02,600 --> 00:40:04,400
Smiley was a pedophile.
486
00:40:06,720 --> 00:40:10,400
At least that's what my lawyer told me,
the first lawyer that I had.
487
00:40:10,600 --> 00:40:13,760
And I'm so young, I said,
"What the hell is a pedophile?"
488
00:40:15,200 --> 00:40:20,440
He said, "Man, I have families
willing to testify in court
489
00:40:20,520 --> 00:40:23,480
that, uh, Mr. Smiley
messed with their kids."
490
00:40:25,800 --> 00:40:30,480
I don't know what kind of a story
Martinez told you all,
491
00:40:31,640 --> 00:40:35,280
but, uh, he had lived with this man.
492
00:40:46,200 --> 00:40:48,640
[car engine revving]
493
00:40:51,520 --> 00:40:53,000
Uh, my name is Joe Rubio.
494
00:40:53,080 --> 00:40:55,960
I was the district attorney
for 20 years here in Webb County.
495
00:40:56,040 --> 00:40:57,560
I was the lead prosecutor,
496
00:40:57,640 --> 00:41:01,520
prosecuting the capital murder case
against Miguel Angel Martinez.
497
00:41:05,520 --> 00:41:08,920
There have been a lot of rumors
about, you know, James Smiley
498
00:41:09,000 --> 00:41:12,520
and there was never any evidence
to substantiate that at all.
499
00:41:14,800 --> 00:41:19,600
On the contrary,
everyone that we interviewed, uh...
500
00:41:19,880 --> 00:41:23,000
thought that-- Not only thought,
but believed in Jim Smiley,
501
00:41:23,080 --> 00:41:25,760
that he was an outstanding,
you know, citizen.
502
00:41:27,720 --> 00:41:30,920
I don't know if some people
do it maliciously.
503
00:41:31,000 --> 00:41:33,320
They just pass on,
they just want to gossip.
504
00:41:34,120 --> 00:41:35,920
And you know,
they perpetuate those rumors.
505
00:41:37,960 --> 00:41:40,600
For me to even have to comment and say
506
00:41:40,680 --> 00:41:44,040
that he wasn't involved
in improper activities
507
00:41:44,120 --> 00:41:47,160
still casts a shadow on him
508
00:41:47,240 --> 00:41:50,640
and we have-- we never had
any evidence of that whatsoever.
509
00:41:51,000 --> 00:41:55,720
Other than he was dedicated to his family,
his church, and on his work.
510
00:42:05,080 --> 00:42:08,520
After Miguel Angel Martinez
received the death penalty...
511
00:42:08,960 --> 00:42:13,520
Uh, he was one of the youngest
defendants on death row.
512
00:42:15,120 --> 00:42:18,480
We had offered Martinez in return
for his plea of guilty,
513
00:42:18,680 --> 00:42:20,480
uh, a life imprisonment.
514
00:42:22,000 --> 00:42:25,200
He didn't want to take that plea,
so he forced us to trial.
515
00:42:25,280 --> 00:42:27,560
And when we went to trial,
he got the death penalty.
516
00:42:36,520 --> 00:42:40,040
We had gotten a lot of-- a lot of
communications from a lot of people.
517
00:42:40,200 --> 00:42:41,600
Uh...
518
00:42:42,000 --> 00:42:45,400
And so, we sat down, and I decided that,
519
00:42:45,480 --> 00:42:47,800
although we had been successful
520
00:42:47,960 --> 00:42:50,320
in achieving
a capital murder conviction,
521
00:42:51,040 --> 00:42:54,080
I didn't think that it was fair
for him to get the death penalty,
522
00:42:54,160 --> 00:42:55,480
and the co-defendant,
523
00:42:55,560 --> 00:42:58,760
who we felt was more culpable,
who was more of the instigator,
524
00:42:58,880 --> 00:43:01,560
could not, under the law,
get the death penalty.
525
00:43:01,640 --> 00:43:04,000
So, we agreed to commute his sentence.
526
00:43:06,040 --> 00:43:08,960
[Venegas on recording]
They came up with the idea to go steal.
527
00:43:09,920 --> 00:43:14,680
And I said, "Well, why don't...
why don't we just kill the dude, then?"
528
00:43:15,840 --> 00:43:17,640
"Ah, tsk. You won't do that."
529
00:43:18,720 --> 00:43:22,240
I come from a... machista culture.
530
00:43:23,520 --> 00:43:25,360
A dare is a dare.
531
00:43:27,080 --> 00:43:29,520
[Rubio] Well, I don't want to speculate,
you know, as to,
532
00:43:29,600 --> 00:43:31,760
you know, whether it happened or not.
533
00:43:32,160 --> 00:43:35,320
I guess you'd have to,
it's a fact situation as to what the,
534
00:43:35,840 --> 00:43:38,680
you know, what type of credibility
that person had.
535
00:43:38,760 --> 00:43:40,360
You know? I mean,
how long have you known him?
536
00:43:40,440 --> 00:43:41,720
How long have you been around him?
537
00:43:42,720 --> 00:43:45,600
The evidence shows
that there was drug use during that day.
538
00:43:45,680 --> 00:43:49,080
A lot of drug use,
a lot of drinking alcohol.
539
00:43:49,160 --> 00:43:51,880
And, uh, you know, a lot of times
people say things,
540
00:43:51,960 --> 00:43:56,080
and they don't really mean it,
they're you know, just you know, boasting.
541
00:43:56,840 --> 00:44:00,280
I believe that they actually formed
their intent once they got there...
542
00:44:01,200 --> 00:44:04,200
when Venegas says
"The devil wants their souls."
543
00:44:04,960 --> 00:44:07,720
That's when they turned around
to go back into the home
544
00:44:07,800 --> 00:44:09,760
and committed the homicides.
545
00:44:09,840 --> 00:44:12,640
Our position was,
that's where they formed the intent.
546
00:44:13,520 --> 00:44:16,800
Uh, the Flores kid did not
go over there with them.
547
00:44:16,880 --> 00:44:18,680
He was never there.
548
00:44:20,240 --> 00:44:22,680
The case was presented to a grand jury.
549
00:44:23,440 --> 00:44:24,760
They took a look at all the evidence,
550
00:44:25,000 --> 00:44:28,280
and they decided that they felt
that there was evidence
551
00:44:28,360 --> 00:44:32,080
to indict Venegas and Martinez,
but not Milo Flores.
552
00:44:34,720 --> 00:44:38,120
Later on, it was looked at
by the Texas Rangers.
553
00:44:38,560 --> 00:44:41,400
Uh, the FBI took a look at it as well,
554
00:44:41,480 --> 00:44:43,160
and no other charges.
555
00:44:43,240 --> 00:44:45,920
Nobody else came up
with a different conclusion.
556
00:44:53,920 --> 00:44:58,000
[Martinez] I don't think I ever said
557
00:44:58,520 --> 00:45:01,120
that Milo was specifically...
558
00:45:03,120 --> 00:45:06,680
responsible for anything.
559
00:45:08,200 --> 00:45:10,760
And that's not to say that he wasn't,
560
00:45:10,840 --> 00:45:12,640
and that there isn't something.
561
00:45:26,520 --> 00:45:28,400
[Martinez] I have a life sentence.
562
00:45:29,440 --> 00:45:31,520
Milo has no sentence.
563
00:45:33,200 --> 00:45:37,320
My perspective is, and has been,
564
00:45:38,120 --> 00:45:39,560
trying to equate...
565
00:45:41,960 --> 00:45:43,760
what he is responsible for,
566
00:45:43,960 --> 00:45:46,360
with what I am responsible for.
567
00:45:47,800 --> 00:45:52,040
Trying to bring into alignment,
568
00:45:55,200 --> 00:45:58,080
how he was treated, and how I was treated.
569
00:45:59,200 --> 00:46:00,960
Trying to find some...
570
00:46:03,840 --> 00:46:05,240
some equality.
571
00:46:06,240 --> 00:46:07,280
Um...
572
00:46:10,240 --> 00:46:13,560
He seems to have selective memory.
I mean, we all do.
573
00:46:15,800 --> 00:46:20,200
I had been doing some hallucinogens
during the day
574
00:46:20,720 --> 00:46:25,560
but I still... I still kind of knew
what I was doing, you know.
575
00:46:27,600 --> 00:46:29,600
[Venegas on recording]
I took three lives.
576
00:46:29,680 --> 00:46:33,240
I did that. I can't lie.
577
00:46:33,920 --> 00:46:38,640
I can't say that I did not do
something so heinous.
578
00:46:40,240 --> 00:46:44,960
And the 41 years that were given to me
is just like a little slap on the hand.
579
00:46:47,640 --> 00:46:51,160
It's a little amazing to me.
It's just, uh...
580
00:46:52,600 --> 00:46:55,520
I mean, I want to say I'm taken aback by,
581
00:46:55,600 --> 00:46:57,880
just the fact that you were able
to speak with him.
582
00:46:59,960 --> 00:47:03,000
[Martinez]
You say Venegas has found peace
583
00:47:03,080 --> 00:47:06,080
where he can confess and admit...
584
00:47:07,640 --> 00:47:11,760
now, after he has a 41-year sentence,
585
00:47:12,120 --> 00:47:15,240
to everything that he would not admit
586
00:47:15,320 --> 00:47:18,760
or speak of before then.
587
00:47:23,560 --> 00:47:26,400
A 41-year sentence.
I can say a lot of things.
588
00:47:28,160 --> 00:47:31,640
I-- I don't have that.
I have a life sentence.
589
00:47:32,360 --> 00:47:35,960
I think, no matter what I say,
590
00:47:36,040 --> 00:47:39,840
no matter how I deal with it,
that's a reality.
591
00:47:39,920 --> 00:47:42,880
And so you ask me certain questions,
592
00:47:42,960 --> 00:47:45,200
they don't obviate that reality.
593
00:47:45,920 --> 00:47:50,120
You know, so it's...
It's not possible to really...
594
00:47:52,320 --> 00:47:56,760
answer some of your questions,
you know, as a catharsis for me
595
00:47:56,840 --> 00:47:58,000
because there's a reality
596
00:47:58,080 --> 00:48:01,160
that once I step away from here
that I still have to face.
597
00:48:03,280 --> 00:48:06,160
[Venegas on recording]
They came up with the idea to go steal.
598
00:48:06,440 --> 00:48:09,400
'Cause supposedly,
this guy had a stash of money.
599
00:48:10,480 --> 00:48:13,200
Because Martinez knew him.
600
00:48:14,280 --> 00:48:15,840
No, that's a lie.
601
00:48:16,800 --> 00:48:18,880
So he's either completely ignorant,
602
00:48:18,960 --> 00:48:22,200
or he's just straight lying to you.
603
00:48:23,480 --> 00:48:27,840
And I said, "Well, why don't...
why don't we just kill the dude, then?"
604
00:48:29,880 --> 00:48:31,680
"Ah, tsk. You won't do that."
605
00:48:32,760 --> 00:48:36,640
I come from a... machista culture.
606
00:48:37,520 --> 00:48:39,120
A dare is a dare.
607
00:48:40,680 --> 00:48:44,120
I don't even know where to start.
I mean, I don't even know how to...
608
00:48:47,480 --> 00:48:49,720
I don't have all the answers.
609
00:48:50,120 --> 00:48:54,880
I don't know what they said.
I was really outside the bubble.
610
00:48:54,960 --> 00:48:57,240
And that's why so much of it,
611
00:48:58,000 --> 00:49:02,160
it doesn't really make sense to me,
and it's difficult trying to...
612
00:49:03,960 --> 00:49:05,520
to reach back and...
613
00:49:08,360 --> 00:49:12,920
give a motive and a reason
to something that...
614
00:49:14,480 --> 00:49:16,920
only Venegas and only Milo can.
615
00:49:17,920 --> 00:49:22,560
I mean, what you have,
from your own investigation,
616
00:49:22,640 --> 00:49:28,040
from your own conversations,
25, 27 years after,
617
00:49:30,760 --> 00:49:34,480
it might approach the truth but it's still
not going to be the full truth.
618
00:49:34,680 --> 00:49:37,280
Because some people
are still not going to admit...
619
00:49:38,960 --> 00:49:41,600
to what is painful for them to admit.
620
00:49:42,480 --> 00:49:44,360
And that's the reality, that's life.
621
00:49:46,880 --> 00:49:50,320
They were talking
about going to trash a house
622
00:49:51,280 --> 00:49:53,520
to do something bad to someone
623
00:49:53,600 --> 00:49:56,240
who appeared to be good
but was really bad.
624
00:49:58,400 --> 00:50:00,000
What does it mean? [sighs]
625
00:50:07,720 --> 00:50:08,920
[sighs]
626
00:50:10,120 --> 00:50:12,520
I think it's very clear what it means.
627
00:50:16,160 --> 00:50:18,720
I think the question is,
"What is the bad?"
628
00:50:24,200 --> 00:50:26,360
[Martinez]
There are still some things that...
629
00:50:27,200 --> 00:50:31,680
that I personally
haven't completely dealt with.
630
00:50:33,600 --> 00:50:34,880
I've dealt with them to--
631
00:50:36,880 --> 00:50:39,440
to be able to move on, to...
632
00:50:40,200 --> 00:50:42,640
To not have them be a...
633
00:50:45,640 --> 00:50:48,360
an anchor around my neck.
634
00:50:51,720 --> 00:50:53,040
But it's just, uh...
635
00:50:53,120 --> 00:50:57,160
It's like, it's just a longer chain,
you know, and the anchor is still there.
636
00:51:01,840 --> 00:51:04,320
For so many years, it seems like, uh...
637
00:51:06,160 --> 00:51:09,240
the way for me to deal with this
has been...
638
00:51:10,680 --> 00:51:15,680
to, uh, take myself
and put myself to the side
639
00:51:15,760 --> 00:51:18,400
and think about the... [sniffles]
640
00:51:19,200 --> 00:51:21,560
[Martinez]
...the other people involved and...
641
00:51:23,000 --> 00:51:24,200
And in a way, just...
642
00:51:25,880 --> 00:51:28,800
accept that whatever happens
to me is, uh...
643
00:51:34,000 --> 00:51:35,640
is just a small thing.
644
00:51:41,080 --> 00:51:43,480
And I can handle that,
and I'll deal with it.
50701
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