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[ominous music playing]
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[man] If I could revisit myself that day,
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I would wanna tell myself
where this was gonna lead.
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One split second
can determine the rest of your life.
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What I did at 16, it scared me.
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And I'll always carry the weight
of taking somebody's life.
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[music continues]
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I've been in prison
for 27 and a half years.
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Do I feel like I deserve to get out?
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No.
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But would I like to be given
the opportunity and the chance
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to make something better of myself
and not be known as just this?
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Yeah, for sure.
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[eerie music playing]
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[man 1]
I think we could all be dangerous people.
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[man 2] People say you're a monster.
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[man 3]
I'm not sitting here saying I'm innocent.
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[man 4]
I just murdered some guy in cold blood.
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[music fades out]
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[birds chirping]
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[somber instrumental music playing]
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I'll get this from behind you.
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-It's gonna come over your head.
-Mm-hmm.
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[music continues]
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[Higinio] At such a young age,
you don't understand
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the ramifications of what you've done
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until you're older.
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It took me a long time to actually
look at it from not my perspective,
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but his family's,
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and that for me
was the hardest thing, and it still is.
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[music fades out]
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[train bell ringing]
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[somber acoustic guitar music playing]
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[Higinio] I was born in Lovell, Wyoming.
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I know I was there for a short period
while my mom was going to college.
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So we moved from Wyoming to Washington,
which is mostly where I grew up.
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It was, you know, a normal childhood
to an extent on the outside,
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you know, for other people.
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My mom worked
with all the neighborhood kids.
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She'd take us and try to teach us
right from wrong.
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And we would always be held accountable
if we did something bad.
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[music fades out]
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[foreboding music playing]
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[Higinio] But my father was different.
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He was abusive physically
and also mentally and emotionally.
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I remember one time, I was seven or eight,
he beat me pretty bad
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to where I couldn't go to school
for, like, three weeks.
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My mom dealt with a lot,
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but, uh, she stayed because of…
You know, she did love my dad.
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But in case my dad became very abusive,
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we used to sleep with our shoes on
so we would always be ready to leave.
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Looking back at it now,
it's pretty drastic, you know?
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To have to do that
just to feel like we could be safe.
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[music continues]
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[Higinio] My dad was into
the drug business, you know.
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Like, he hid it pretty well
from, you know, my mom.
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But I remember I went to the bathroom
one time, and I walked in there,
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and my dad had a bunch of, you know,
what I know now were kilos of cocaine.
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My dad was a master mechanic.
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So we thought
that's where the money was coming from.
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And I'm sure my older brothers
knew more than I did,
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but I knew then for sure what my dad did,
you know, to make all that money.
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Eventually, like, my older brothers
started getting into the gang lifestyle.
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You know, following in my dad's footsteps.
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And me being the youngest,
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I thought being with my older brothers
was the safest place for me.
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But growing up that young
in that kind of lifestyle,
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it's pretty traumatic in itself.
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I think I was 12, and I remember
standing on a corner one time
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next to a friend of our family,
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and someone just coming up
and shooting him in the face.
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[dog barking]
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[Higinio] After that was when my mom
decided to get us out of Washington,
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away from my dad.
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[music fades out]
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[gentle melodic music playing]
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[birds chirping]
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[Higinio] We moved to Billings,
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and right away,
we realized it was different.
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It wasn't a big city, and my mom's like,
"This is where we'll be from now on."
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She told us, "It's to get you guys
away from all that stuff."
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That was her plan.
That's what she thought was gonna happen,
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but that didn't work out too good.
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[music fades out]
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[tense music playing]
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[Higinio] Word spread real quick
about what my dad did, you know?
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Because I looked up to my dad,
and I seen the money, that was it for me.
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I was like, "You know, this is maybe
something I do need to do."
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And, uh, yeah, it became the norm,
you know, for me and my brothers.
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My dad raised us to be men of the street.
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Breaking into cars, stealing stereos,
and we started getting into fights.
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[music intensifies]
93
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And I remember the first fight
I got into in school. I got kicked out.
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And then I remember
I got assault charges pressed on me.
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And so that was my first incident actually
being in trouble with, you know, the law.
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[music continues]
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[music fades out]
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[Higinio] When I got out of juvenile
is when things spiraled out of control.
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[pensive music playing]
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I went to live with my dad.
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He started, you know, giving me
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a lot of weed,
or a lot of coke, or a lot of meth,
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and he was like,
"Here, you do what you want with it."
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So I started selling meth.
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My whole thing was to make money,
you know, 'cause that's what my dad did.
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But a kid at 14 and 15
shouldn't have people calling him
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all the time wanting drugs.
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And I didn't realize that
what it was leading into was even worse.
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[music fades out]
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I had gotten to know
a couple of… of girls my age.
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And they started to come around,
ask me if I could get 'em meth.
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[somber music playing]
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I remember one day, they had came over,
and, uh, one of the girls was crying.
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I was like, "What's going on?"
She's like, "My dad smacked me around,
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and he said he's gonna kill me."
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She's like, "Can you help us
get out of town?"
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I knew what it was like, you know,
to kind of be around that kind of stuff.
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So I was like, "Okay."
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I was like, "I can do that
if that's what you guys really want."
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And they're like, "Hey," they said, uh,
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"Are you gonna help us, you know,
pay for everything?"
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And I was like, "No."
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They're like, "There's a convenience store
by our house."
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"You could go in there,
and you can hold up the store."
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And they're still crying,
and they're like, "Can you help us?"
126
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So I'm like, "Okay, I'll do it then."
127
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[music fades out]
128
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[ominous music playing]
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[Higinio] We pull up on the back side
of this little complex.
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And one of the girls gave me a gun.
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It was, like, this old Ruger .22 handgun.
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And I remember
before I had gotten out of the car,
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I checked, you know, to see
if the gun was loaded, and it was empty.
134
00:10:06,360 --> 00:10:08,880
And the girls were like,
"Don't worry. Nothing's in there."
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[music continues]
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I remember, uh, walking in the store.
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I walked down the candy aisle.
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And I grabbed a Butterfinger candy bar,
139
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put it on the counter,
140
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dug some change out of my pocket,
and paid for it.
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[music builds]
142
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So, you know,
I wind up pulling out this gun,
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and he just put his hands up.
He's like, "Hey."
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I was like, "Look, I need you
to empty the cash register."
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He grabs the money and he hands it over,
and I grab it and stick it in my pocket.
146
00:11:02,480 --> 00:11:05,320
And then I was like,
"Okay, now I need you to open the safe."
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And, like, he wouldn't do it.
And he kept saying he didn't have the key.
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So I… You know, I kept getting mad.
149
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I was like, "You need to open the safe,"
I said, "Or I'm gonna shoot you."
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I looked at the gun.
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You know, I went to, like, scare him,
like I was gonna pull the trigger,
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and I remember it going off.
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[gunshot echoes]
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And I just ran.
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[music ends]
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[somber instrumental music playing]
157
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[Higinio] People say you should learn
to forgive yourself.
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That's not possible.
159
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I'll never forgive myself.
160
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I… I… I can honestly say that, um,
161
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even talking about it now,
it's, it's hard.
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[sobs]
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[music fades out]
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[birds chirping]
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[gentle piano music playing]
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[woman] Higinio turned himself in.
That's what it's all about.
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Being accountable
and accepting responsibility
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for what you've done.
169
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Everybody thought I turned him in
'cause I'm the law-abiding parent, but no.
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My son decided to turn himself in.
171
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I'm proud of him for being accountable.
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My name is Carmen Gonzalez.
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And I'm Higinio Gonzalez's mother,
and he is my youngest son.
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[music continues]
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[birds chirping]
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People don't understand.
Higinio was the baby.
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He had dreams. He had good grades.
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He was kind.
He was compassionate. He was the good kid.
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The other kids, they went the wrong way.
180
00:13:58,200 --> 00:14:00,360
So, of course,
when Higinio committed his crime,
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I just… I couldn't believe it.
182
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I really went into a lot of emotional,
you know, denial and stuff,
183
00:14:05,680 --> 00:14:08,000
but I think I lost them
184
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because I was focused on survival
as a single parent.
185
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And something that would have changed
my kids going into this life of crime
186
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would have been
if I'd have picked a different father.
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[ominous music playing]
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Higinio's father was an abuser.
189
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It was just so many years
of domestic violence and abuse.
190
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I couldn't take it anymore.
191
00:14:33,000 --> 00:14:35,760
So we moved here in 1992.
192
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It was my chance to get away
from their dad and split up.
193
00:14:41,040 --> 00:14:43,320
And then, it was two days later,
he showed up here.
194
00:14:43,400 --> 00:14:46,440
So I really didn't get
any freedom in that.
195
00:14:46,520 --> 00:14:47,480
[music fades out]
196
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Eventually, he stayed here
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and continued to be around my kids,
and to them, they just…
198
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I mean, he was their father.
They idolized him.
199
00:14:58,000 --> 00:15:02,960
For all my kids, I was so busy struggling
as a single parent to survive.
200
00:15:03,040 --> 00:15:09,280
I think I got lost in a sense of
not realizing that I was losing them.
201
00:15:10,240 --> 00:15:15,160
But I do remember that Higinio
was not a problem child for me at all.
202
00:15:16,440 --> 00:15:19,280
So when I heard the police
were investigating a shooting,
203
00:15:19,360 --> 00:15:21,040
and it was a young kid that did it,
204
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never did I think
that it was going to be my son.
205
00:15:28,160 --> 00:15:30,160
[somber music playing]
206
00:15:38,840 --> 00:15:41,040
He told me he did it.
He goes, "It was an accident, Mom."
207
00:15:41,120 --> 00:15:42,840
"I swear to God it was an accident."
208
00:15:43,360 --> 00:15:46,360
I jumped up, and I threw the chair
to the side, and I said, "Mm-mm."
209
00:15:47,320 --> 00:15:52,520
"You couldn't have done that. Not you."
And I cried. And I was angry at him.
210
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It was just too hard.
211
00:15:56,880 --> 00:15:59,400
He cried, and he just kept telling me
he loved me,
212
00:16:00,120 --> 00:16:03,040
and I… I remember him sitting there
213
00:16:04,440 --> 00:16:08,000
in that chair, just looking at me
with his big eyes.
214
00:16:08,960 --> 00:16:11,440
I could just see how much
he knew he hurt me,
215
00:16:11,520 --> 00:16:14,360
but he also…
I could see how much he loved me.
216
00:16:18,520 --> 00:16:20,520
[music continues]
217
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[Carmen]
Then everything fell apart for me.
218
00:16:34,800 --> 00:16:36,800
All I could think about
was he was too young
219
00:16:36,880 --> 00:16:39,480
or, you know,
what was going to happen to him, and…
220
00:16:40,120 --> 00:16:42,240
You know, it's just like
my son had just died.
221
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[birds chittering]
222
00:16:51,360 --> 00:16:52,760
[music fades out]
223
00:16:52,840 --> 00:16:54,840
[birds singing]
224
00:17:06,520 --> 00:17:08,120
[Old West-style guitar music playing]
225
00:17:08,200 --> 00:17:10,160
[man] My impression of Carmen Gonzalez
226
00:17:10,240 --> 00:17:13,200
is that she is just
a stand-up quality person.
227
00:17:15,240 --> 00:17:18,120
She was widely known as doing the best
228
00:17:18,200 --> 00:17:22,440
that she possibly could do
to keep her family on the rails.
229
00:17:24,680 --> 00:17:28,560
But I think that her recollection
is not quite correct.
230
00:17:30,680 --> 00:17:36,280
She indicated that Mr. Gonzalez
turned himself in after this happened.
231
00:17:38,480 --> 00:17:40,960
But she came to the police station.
232
00:17:41,040 --> 00:17:44,720
She identified Mr. Gonzalez
as the shooter,
233
00:17:44,800 --> 00:17:46,760
then the police went and got him.
234
00:17:48,200 --> 00:17:49,800
He did not turn himself in.
235
00:17:53,280 --> 00:17:55,280
[music continues]
236
00:17:59,800 --> 00:18:01,480
My name is Joe Coble.
237
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In 1996, I was a deputy
Yellowstone County attorney.
238
00:18:06,840 --> 00:18:09,680
And at that time,
I prosecuted the Gonzalez case.
239
00:18:13,520 --> 00:18:15,520
[music fades out]
240
00:18:18,360 --> 00:18:21,320
I've handled a number of homicide cases.
241
00:18:21,400 --> 00:18:24,440
This one really stays in my memory.
242
00:18:24,520 --> 00:18:26,560
It was just so senseless,
243
00:18:26,640 --> 00:18:28,960
and I think the community was shocked.
244
00:18:29,040 --> 00:18:33,640
And I think the reason for that was
the clerk, Eric Pavilionis,
245
00:18:33,720 --> 00:18:38,760
was an innocent man
who had no blame in any of this at all.
246
00:18:39,720 --> 00:18:42,600
This was a guy who had four children.
247
00:18:42,680 --> 00:18:44,080
[grimly somber music playing]
248
00:18:44,160 --> 00:18:45,880
He had a full-time job,
249
00:18:45,960 --> 00:18:49,560
and he worked in a convenience store
a couple of days a week
250
00:18:49,640 --> 00:18:51,560
to help make ends meet.
251
00:18:51,640 --> 00:18:56,000
He was doing everything
that he could for himself and his family,
252
00:18:56,080 --> 00:19:00,920
and in the end, he was killed for it.
253
00:19:02,320 --> 00:19:04,240
Mr. Gonzalez shot Eric
254
00:19:04,320 --> 00:19:07,640
because he intended to shoot him
from the beginning.
255
00:19:08,240 --> 00:19:10,320
There was no reason to pull that trigger.
256
00:19:10,840 --> 00:19:12,440
That did not have to happen.
257
00:19:13,320 --> 00:19:17,320
Which makes it a prosecutor's job
to push for the maximum penalty.
258
00:19:17,840 --> 00:19:21,160
Mr. Gonzalez was a juvenile,
259
00:19:21,240 --> 00:19:25,880
but I still made the recommendation
that the court impose life sentence.
260
00:19:25,960 --> 00:19:30,840
And if I were in the same shape today,
I would do the same thing.
261
00:19:32,240 --> 00:19:35,400
I thought it was appropriate then.
I think it's appropriate now.
262
00:19:37,600 --> 00:19:39,600
[music intensifies]
263
00:19:48,640 --> 00:19:50,040
[music fades out]
264
00:19:52,120 --> 00:19:56,320
[Joe] It's a heavy responsibility
to ask for the court
265
00:19:56,400 --> 00:19:59,320
to impose the sentence
that you think is appropriate.
266
00:19:59,920 --> 00:20:02,240
One family is going to lose a son.
267
00:20:03,360 --> 00:20:05,640
But you have to look at these cases
268
00:20:05,720 --> 00:20:09,760
from the standpoint
of one family lost a father.
269
00:20:09,840 --> 00:20:10,800
[somber music playing]
270
00:20:10,880 --> 00:20:14,200
So we got the maximum sentence possible,
271
00:20:14,840 --> 00:20:17,520
but it doesn't restore that family.
272
00:20:17,600 --> 00:20:19,280
It doesn't make them whole.
273
00:20:21,800 --> 00:20:23,360
[music fades out]
274
00:20:26,480 --> 00:20:28,480
[melancholic music playing]
275
00:20:38,160 --> 00:20:40,600
And there's a picture
of Daddy on Christmas.
276
00:20:41,120 --> 00:20:43,200
That was your guys'
last Christmas together.
277
00:20:44,920 --> 00:20:49,280
[woman] After Eric was killed,
every hour was a struggle.
278
00:20:50,360 --> 00:20:51,840
Going to memorial service
279
00:20:51,920 --> 00:20:54,720
and having my children
draw pictures to send with him,
280
00:20:55,720 --> 00:20:57,200
and they each picked out…
281
00:20:57,800 --> 00:20:59,440
[quavers]
282
00:20:59,520 --> 00:21:01,160
…one of their favorite toys
283
00:21:01,240 --> 00:21:03,160
and their stuffed animals to send with him
284
00:21:03,240 --> 00:21:06,040
so that way he wouldn't be scared
when he was sleeping.
285
00:21:11,920 --> 00:21:13,920
[music continues]
286
00:21:20,880 --> 00:21:23,240
He's missed all of them going to school.
287
00:21:24,040 --> 00:21:27,240
He's missed every father-daughter dance,
every walk down the aisle.
288
00:21:27,320 --> 00:21:29,520
I mean, he missed it all.
289
00:21:30,440 --> 00:21:33,280
And they missed it all.
They missed sharing that with him.
290
00:21:34,720 --> 00:21:37,080
Nobody should have to grow up
without their dad.
291
00:21:40,040 --> 00:21:42,040
[music fades out]
292
00:21:46,520 --> 00:21:48,520
[gentle music playing]
293
00:21:59,120 --> 00:22:02,680
[Fran] Eric was 27 years old
when he was killed.
294
00:22:04,440 --> 00:22:07,040
I had him in my life
for eight years and two days,
295
00:22:07,120 --> 00:22:10,080
and we lived a lifetime
in those eight years.
296
00:22:12,280 --> 00:22:16,280
I feel we made a life,
and then it was taken away.
297
00:22:17,600 --> 00:22:19,600
[music fades out]
298
00:22:21,440 --> 00:22:24,800
The first time I ever saw
Higinio Gonzalez at the courtroom,
299
00:22:24,880 --> 00:22:28,960
I was expecting to see… a monster.
300
00:22:29,640 --> 00:22:32,800
I wasn't expecting
a nice, clean-cut young man,
301
00:22:33,400 --> 00:22:39,320
but I felt like he did a very senseless,
unnecessary act.
302
00:22:39,400 --> 00:22:42,000
So I wanted the punishment
to fit the crime.
303
00:22:44,000 --> 00:22:47,520
I actually have to admit
I was shocked that he got life.
304
00:22:48,120 --> 00:22:50,160
To me, that seemed like a lot,
305
00:22:50,240 --> 00:22:53,880
but I think as a whole, we were very happy
with what the sentencing was
306
00:22:53,960 --> 00:22:56,880
because it seemed to fit what we lost.
307
00:22:57,440 --> 00:22:59,440
[gentle acoustic guitar music playing]
308
00:23:03,640 --> 00:23:06,400
[Fran] I don't know that I really thought
about him throughout the years
309
00:23:06,480 --> 00:23:09,440
because I've tried
to separate that part of life.
310
00:23:10,960 --> 00:23:14,240
But a couple months ago,
when it was first reached out
311
00:23:14,320 --> 00:23:17,760
to let us know
that this documentary was gonna happen,
312
00:23:17,840 --> 00:23:18,920
I wondered why.
313
00:23:19,480 --> 00:23:21,280
What does he want out of this, you know?
314
00:23:23,000 --> 00:23:24,760
"Teen admits killing clerk."
315
00:23:25,600 --> 00:23:27,440
"Claims the shooting was accidental."
316
00:23:27,520 --> 00:23:31,240
"Convenience store clerk's killer
must serve at least 30 years."
317
00:23:32,720 --> 00:23:34,720
[music continues]
318
00:23:49,840 --> 00:23:53,400
What I think about
Higinio Gonzalez being paroled,
319
00:23:53,480 --> 00:23:57,040
I feel that's up to
the judicial system to decide.
320
00:23:58,400 --> 00:24:00,320
And if he goes up for parole,
321
00:24:00,400 --> 00:24:05,280
I do believe that myself
and my children will attend just to hear
322
00:24:05,360 --> 00:24:06,720
what he might have to say.
323
00:24:09,440 --> 00:24:11,240
[music fades out]
324
00:24:21,320 --> 00:24:22,360
[melancholic music playing]
325
00:24:22,440 --> 00:24:23,640
[device clicks on]
326
00:24:24,600 --> 00:24:27,280
[Higinio] You know, this whole time
of me being here,
327
00:24:27,360 --> 00:24:29,320
you reflect on a lot of stuff,
328
00:24:30,000 --> 00:24:34,600
and you reflect on a lot of the loss.
329
00:24:35,120 --> 00:24:38,600
You know, I wish somebody
would visit me and tell me, "I love you."
330
00:24:38,680 --> 00:24:42,040
You think about how long it's been
since I've had somebody to hug me.
331
00:24:42,120 --> 00:24:46,720
And those are all things that, you know,
I want, but it comes with guilt.
332
00:24:47,960 --> 00:24:48,880
And, uh…
333
00:24:50,200 --> 00:24:52,040
the reason why it comes with guilt…
334
00:24:55,200 --> 00:24:59,040
is because whatever I feel deprived of…
335
00:25:01,200 --> 00:25:02,600
I've done that to them.
336
00:25:03,400 --> 00:25:06,800
I did that to his family.
I did that to his daughters.
337
00:25:07,320 --> 00:25:11,160
And the reason
why I carry so much guilt is, uh…
338
00:25:16,280 --> 00:25:17,440
I'm still here.
339
00:25:18,640 --> 00:25:21,920
But they'll never get a chance
to ever experience any of that again.
340
00:25:22,920 --> 00:25:23,920
[device clicks off]
341
00:25:30,080 --> 00:25:31,080
[exhales]
342
00:25:33,960 --> 00:25:35,720
Not what I was expecting to hear.
343
00:25:37,520 --> 00:25:41,400
I didn't think
he would take that on himself to feel…
344
00:25:43,000 --> 00:25:46,440
the importance of what he did
to my life and to my girls' life.
345
00:25:46,520 --> 00:25:48,200
Not everybody would do that.
346
00:25:51,120 --> 00:25:52,320
And he didn't have to.
347
00:25:53,720 --> 00:25:56,440
But it still doesn't change what happened.
348
00:26:01,280 --> 00:26:03,280
[music fades out]
349
00:26:04,480 --> 00:26:06,480
[discordant violin music playing]
350
00:26:11,920 --> 00:26:14,280
[motorcycle hums]
351
00:26:19,000 --> 00:26:21,000
[music becomes rhythmic]
352
00:26:25,920 --> 00:26:30,040
[man] Does my brother deserve
to pay for his crime? 100%.
353
00:26:30,120 --> 00:26:31,120
There's no doubt.
354
00:26:32,720 --> 00:26:35,960
But I don't think
his sentence was appropriate.
355
00:26:36,040 --> 00:26:36,960
I just don't.
356
00:26:38,880 --> 00:26:40,760
People say, "You're a monster,"
357
00:26:40,840 --> 00:26:43,080
but nobody stops to think
what made us that way.
358
00:26:44,000 --> 00:26:46,200
We became a product of our environment.
359
00:26:48,600 --> 00:26:51,360
But it doesn't mean
that we can't be reached.
360
00:26:51,440 --> 00:26:53,920
It doesn't mean that we're not worthy.
361
00:26:55,120 --> 00:26:57,400
And it definitely doesn't mean
that we can't change.
362
00:26:59,360 --> 00:27:01,200
My name is Jesse Gonzalez,
363
00:27:01,280 --> 00:27:03,760
and Higinio Gonzalez
is my younger brother.
364
00:27:03,840 --> 00:27:05,160
[motorcycle engine shuts off]
365
00:27:11,720 --> 00:27:14,000
[music fades out]
366
00:27:14,080 --> 00:27:15,800
[Jesse] We were a tight family,
367
00:27:15,880 --> 00:27:18,720
but, you know, the things that you see
on TV for the "perfect family"
368
00:27:18,800 --> 00:27:21,720
were nothing close to what we had.
Nothing.
369
00:27:23,000 --> 00:27:25,600
So, my dad was a drug dealer
for a long time.
370
00:27:25,680 --> 00:27:31,640
As we got older, me and my older brothers,
we were all selling drugs for my dad.
371
00:27:32,360 --> 00:27:35,680
So it was easy for my little brother
372
00:27:35,760 --> 00:27:41,200
to follow me into the streets,
into the gangs, into the drugs.
373
00:27:41,280 --> 00:27:43,000
And then, there's no way out.
374
00:27:43,560 --> 00:27:45,640
It's either prison or a body bag.
375
00:27:47,880 --> 00:27:50,520
[tense music playing]
376
00:27:54,360 --> 00:27:55,880
After my brother went to prison,
377
00:27:55,960 --> 00:28:00,280
I had a lot of anger and hate
and animosity towards the world.
378
00:28:00,920 --> 00:28:03,480
I directed it out
on anybody and everybody.
379
00:28:04,800 --> 00:28:06,520
It was me and my older brothers,
380
00:28:06,600 --> 00:28:09,600
and we got wrapped up into street life,
381
00:28:09,680 --> 00:28:11,680
and… and gang activity,
and stuff like that.
382
00:28:13,920 --> 00:28:17,280
We were known for violence, drug dealing.
383
00:28:17,880 --> 00:28:20,760
Anything and everything
that was in the streets criminal-wise,
384
00:28:20,840 --> 00:28:22,280
we were known for it.
385
00:28:23,400 --> 00:28:25,120
Out of everybody, I was the worst.
386
00:28:26,280 --> 00:28:30,120
It just became
just like a snowball rolling downhill.
387
00:28:30,200 --> 00:28:31,480
It just… It got out of control.
388
00:28:33,800 --> 00:28:34,960
[music stops]
389
00:28:36,800 --> 00:28:38,800
[melancholic violin music playing]
390
00:28:50,240 --> 00:28:52,240
[music fades out]
391
00:28:53,720 --> 00:28:55,720
[birds singing]
392
00:28:55,800 --> 00:28:57,800
[somber music playing]
393
00:28:58,640 --> 00:29:00,160
Every Tuesdays and Thursdays,
394
00:29:00,240 --> 00:29:03,680
they have a new bus
coming in with new inmates.
395
00:29:05,480 --> 00:29:07,400
And Boggs, the officer…
396
00:29:09,120 --> 00:29:12,440
he looks in my room and he goes,
"I got a… I got a roommate for you."
397
00:29:13,400 --> 00:29:14,920
And I'm like, "Great."
398
00:29:15,000 --> 00:29:18,720
And old Boggs looks at me.
He goes… "You'll have a good time."
399
00:29:20,080 --> 00:29:22,240
So I get up. I open the door.
400
00:29:25,840 --> 00:29:28,000
And it's my brother's face.
[voice breaks, sobs]
401
00:29:35,760 --> 00:29:37,000
[sobbing continues]
402
00:29:37,760 --> 00:29:41,680
It was like we were five years old again.
We just ran.
403
00:29:41,760 --> 00:29:43,960
Ran to each other and hugged.
404
00:29:44,040 --> 00:29:45,320
[breath trembling]
405
00:29:53,320 --> 00:29:54,720
[somber piano music playing]
406
00:29:54,800 --> 00:29:59,160
We stayed up just drinking coffee
and eating candy. Just talking.
407
00:29:59,240 --> 00:30:00,080
[sniffs]
408
00:30:00,880 --> 00:30:03,240
Crying, reminiscing.
409
00:30:03,320 --> 00:30:05,320
[sobs, quavers]
410
00:30:06,520 --> 00:30:08,600
There was no violence. [sniffs]
411
00:30:08,680 --> 00:30:10,400
No abuse. [sniffs]
412
00:30:10,480 --> 00:30:12,440
We weren't walking on eggshells.
413
00:30:12,520 --> 00:30:13,480
[sniffs]
414
00:30:15,480 --> 00:30:17,120
Even though we were in prison…
415
00:30:17,200 --> 00:30:18,120
[chuckles]
416
00:30:18,920 --> 00:30:20,920
…those are the best memories I have.
417
00:30:21,000 --> 00:30:21,880
[sobs]
418
00:30:23,800 --> 00:30:24,800
[sobs]
419
00:30:34,280 --> 00:30:35,720
We talked about change.
420
00:30:37,640 --> 00:30:40,280
He would tell me
how he wishes he could take it back.
421
00:30:41,280 --> 00:30:45,680
And I was still stuck
in being the tough guy and the cool guy.
422
00:30:45,760 --> 00:30:47,720
And he would talk to me all the time.
423
00:30:47,800 --> 00:30:51,680
"Why are you so hot-headed?
Why can't you talk things through?"
424
00:30:52,440 --> 00:30:54,080
And his favorite line was,
425
00:30:54,160 --> 00:30:59,080
"I'm doing enough time
for everybody in our family."
426
00:30:59,160 --> 00:31:02,600
He said it so I would learn from
not just my mistakes, but his.
427
00:31:02,680 --> 00:31:04,680
And he said it so I'd be a better man.
428
00:31:17,040 --> 00:31:19,040
[music fades out]
429
00:31:21,800 --> 00:31:23,800
[acoustic guitar folk music playing]
430
00:31:25,960 --> 00:31:26,960
[Jesse] What's happening?
431
00:31:28,360 --> 00:31:29,560
Good. Good.
432
00:31:30,600 --> 00:31:32,600
After prison, life got better.
433
00:31:33,720 --> 00:31:38,200
Right now, I own two flooring companies
and I own Junior's Pit Stop Auto Shop.
434
00:31:38,280 --> 00:31:40,760
It's a body shop for cars,
and mechanics, and bikes.
435
00:31:45,120 --> 00:31:48,120
Everybody that I hire
is usually a recovering addict,
436
00:31:48,960 --> 00:31:52,720
or an ex-felon,
or somebody on probation or parole.
437
00:31:53,680 --> 00:31:57,520
I honestly believe that sitting in prison
with my little brother
438
00:31:57,600 --> 00:31:59,680
is why I am who I am today.
439
00:32:00,480 --> 00:32:04,720
He changed his way of thinking,
and he pushed it on me.
440
00:32:04,800 --> 00:32:06,600
I learned a lot from that kid.
441
00:32:07,640 --> 00:32:10,000
And I've been around a lot of bad people.
442
00:32:10,080 --> 00:32:13,080
None of them have the remorse,
443
00:32:13,160 --> 00:32:17,760
the compassion, or the will to change
while they're in there
444
00:32:17,840 --> 00:32:18,960
the way my brother has.
445
00:32:19,040 --> 00:32:21,200
[motorcycle engine starts]
446
00:32:21,280 --> 00:32:24,840
He went into prison,
he owned up to what he did,
447
00:32:25,360 --> 00:32:26,920
and he's changed his life.
448
00:32:28,120 --> 00:32:30,520
He's ready to start over.
449
00:32:34,720 --> 00:32:36,160
[music fades out]
450
00:32:36,240 --> 00:32:38,240
[dogs barking]
451
00:32:39,560 --> 00:32:41,560
[ominous music playing]
452
00:32:59,480 --> 00:33:03,680
[Joe] Deciding Mr. Gonzalez's parole
is not my decision.
453
00:33:04,200 --> 00:33:09,640
It's not up to me, but I suspect
that a parole board should consider
454
00:33:09,720 --> 00:33:12,680
whether he's taking
responsibility for his actions.
455
00:33:15,720 --> 00:33:16,760
[device clicks on]
456
00:33:17,960 --> 00:33:21,080
[Higinio] So, I remember
before I had gotten out of the car,
457
00:33:21,160 --> 00:33:25,520
you know, I checked to see
if the gun was loaded, and it was empty.
458
00:33:25,600 --> 00:33:28,400
And I remember, uh, walking in the store.
459
00:33:28,480 --> 00:33:30,720
And I never, like,
directly aimed and pointed at him
460
00:33:30,800 --> 00:33:33,520
like you would if you were trying
to actually hit something.
461
00:33:34,280 --> 00:33:35,200
I went to scare him
462
00:33:35,280 --> 00:33:38,680
like I was gonna pull the trigger,
and I thought, "If I pull this trigger,
463
00:33:38,760 --> 00:33:40,120
he's gonna hear it shoot."
464
00:33:40,200 --> 00:33:42,720
"But nothing's gonna happen,
but it's gonna scare him."
465
00:33:42,800 --> 00:33:44,240
So I pulled the trigger.
466
00:33:45,280 --> 00:33:46,840
And I remember it going off.
467
00:33:47,880 --> 00:33:49,200
And I just ran.
468
00:33:50,400 --> 00:33:52,200
I remember jumping in the car,
469
00:33:52,280 --> 00:33:55,480
saying, "Why didn't you guys tell me
that there was a bullet in this gun?"
470
00:33:55,560 --> 00:33:57,640
I was like, "I just shot that guy, man."
471
00:33:58,200 --> 00:34:02,200
I didn't know they had put,
you know, one round in there,
472
00:34:02,280 --> 00:34:03,480
and I didn't know that.
473
00:34:03,560 --> 00:34:06,160
Because when they handed it to me,
I checked the magazine,
474
00:34:06,240 --> 00:34:08,360
and I didn't think to check anything else.
475
00:34:08,440 --> 00:34:09,640
[device clicks off]
476
00:34:11,720 --> 00:34:13,240
[music fades out]
477
00:34:13,320 --> 00:34:16,880
[Joe] What I just heard,
I had never heard before.
478
00:34:17,520 --> 00:34:20,880
I reviewed the file from 1996,
479
00:34:20,960 --> 00:34:23,840
and… what was said then
480
00:34:23,920 --> 00:34:28,240
is not what was
on the recording that I just heard.
481
00:34:28,320 --> 00:34:32,720
He's questioned, "Do you know
how many bullets were in the gun?"
482
00:34:32,800 --> 00:34:35,200
His answer, "There was just one."
483
00:34:35,280 --> 00:34:36,560
[tense music playing]
484
00:34:37,760 --> 00:34:39,120
"I put the shell inside."
485
00:34:39,200 --> 00:34:41,440
"I put the clip back in it,
486
00:34:41,520 --> 00:34:45,680
then I looked at it, and I pulled
the little thing back and shut it."
487
00:34:48,080 --> 00:34:53,520
Clearly, he put the bullet in the gun
and described having one bullet.
488
00:34:53,600 --> 00:34:57,600
And he never mentioned anything
about not knowing the gun was loaded.
489
00:34:58,560 --> 00:35:03,200
Also, he says that he never
pointed the gun directly at the clerk.
490
00:35:03,280 --> 00:35:04,760
Well, it's just not true.
491
00:35:04,840 --> 00:35:06,960
[foreboding music playing]
492
00:35:09,440 --> 00:35:11,480
When the police arrived at the store,
493
00:35:11,560 --> 00:35:15,560
they found surveillance video
which showed the entire transaction,
494
00:35:15,640 --> 00:35:17,600
and it was shocking.
495
00:35:19,720 --> 00:35:25,560
Mr. Gonzalez points the gun at Eric
and tells him to give him the money.
496
00:35:26,640 --> 00:35:27,480
[Higinio] Hurry up!
497
00:35:27,560 --> 00:35:29,480
-[Eric] Come take it.
-[Higinio] You do it, bitch!
498
00:35:30,680 --> 00:35:33,720
[Joe] Eric cooperated.
He tried not to be threatening.
499
00:35:33,800 --> 00:35:38,560
He could have been on a training video
for how to handle a robbery.
500
00:35:38,640 --> 00:35:39,720
[Higinio] Open up the safe.
501
00:35:40,640 --> 00:35:42,440
[Eric] I don't have keys to the safe.
502
00:35:42,960 --> 00:35:46,640
-I don't have the keys to the safe.
-I'm gonna pump a slug in your ass, bitch.
503
00:35:46,720 --> 00:35:49,920
He tells Eric
that he's going to shoot him,
504
00:35:50,000 --> 00:35:53,800
which indicates to me that that's exactly
what he intended to do.
505
00:35:55,880 --> 00:36:00,560
When he says that he was only trying
to intimidate the clerk,
506
00:36:00,640 --> 00:36:05,360
that just doesn't match
what we see in that tape.
507
00:36:06,200 --> 00:36:08,520
[music builds]
508
00:36:10,360 --> 00:36:14,240
Mr. Gonzalez tries
to pull the trigger on that gun.
509
00:36:15,360 --> 00:36:16,920
The gun doesn't fire.
510
00:36:17,000 --> 00:36:21,040
Mr. Gonzalez turns the gun
towards himself, looks at it,
511
00:36:21,120 --> 00:36:25,680
finds the safety, turns it off,
and shoots Eric in the chest.
512
00:36:26,560 --> 00:36:27,960
[gunshot echoes]
513
00:36:29,000 --> 00:36:31,040
[music fades out]
514
00:36:32,240 --> 00:36:37,560
We see a man shot and killed,
and it's not Hollywood. It's real.
515
00:36:38,080 --> 00:36:41,120
There's no way
that that can be an accident.
516
00:36:41,200 --> 00:36:45,600
He clearly pulls the trigger
knowing that there's a bullet in that gun.
517
00:36:45,680 --> 00:36:46,800
He admits that.
518
00:36:49,040 --> 00:36:51,040
[somber instrumental music playing]
519
00:36:53,840 --> 00:36:59,120
I suspect that he's been sitting in prison
for years, and years, and years,
520
00:36:59,200 --> 00:37:03,440
and has told himself the same story
until he believes it.
521
00:37:04,560 --> 00:37:08,600
But he's clearly not taking responsibility
for his actions.
522
00:37:08,680 --> 00:37:12,440
He's clearly not accountable
for the things that he did,
523
00:37:12,520 --> 00:37:17,080
and it appears as though he's just trying
to distance himself from his murder.
524
00:37:21,480 --> 00:37:24,560
[birds chittering]
525
00:37:25,480 --> 00:37:27,520
[music fades out]
526
00:37:32,320 --> 00:37:34,320
[somber instrumental music playing]
527
00:37:44,680 --> 00:37:48,720
[Higinio] I was 16 going on 17
when I committed my crime.
528
00:37:49,320 --> 00:37:51,480
I pretty much thought my life was over.
529
00:37:53,560 --> 00:37:57,040
And in the state of Montana,
there's no guaranteed parole.
530
00:37:57,840 --> 00:37:59,560
I can be here for the rest of my life.
531
00:38:00,080 --> 00:38:03,800
But I'm not who I was when I…
You know, when I did what I did.
532
00:38:03,880 --> 00:38:05,360
[birds chirping]
533
00:38:05,440 --> 00:38:07,640
[music continues]
534
00:38:09,520 --> 00:38:12,400
[Carmen] People don't understand.
Higinio was the baby.
535
00:38:13,240 --> 00:38:16,480
He had dreams.
He had good grades. He was kind.
536
00:38:16,560 --> 00:38:18,520
He was compassionate. He was the good kid.
537
00:38:19,760 --> 00:38:23,720
Everybody thought I turned him in
'cause I'm the law-abiding parent, but no.
538
00:38:23,800 --> 00:38:27,240
My son decided to turn himself in.
He decided to come back.
539
00:38:27,760 --> 00:38:30,200
I'm proud of him for being accountable.
540
00:38:33,400 --> 00:38:34,880
I didn't turn myself in.
541
00:38:34,960 --> 00:38:37,920
My mom turned me in,
but she won't admit it
542
00:38:38,000 --> 00:38:41,280
because I think she thinks that it's like…
I'm gonna hate her or something.
543
00:38:41,360 --> 00:38:44,800
I think that's what she's afraid of,
but I don't hold it against her.
544
00:38:44,880 --> 00:38:47,440
I know how hard it was for her to do that.
545
00:38:47,520 --> 00:38:48,840
And I think to this day,
546
00:38:48,920 --> 00:38:51,280
she still doesn't wanna
come to terms with it.
547
00:38:51,360 --> 00:38:55,360
And it's never gonna go away,
you know, the damage that I did.
548
00:38:57,320 --> 00:38:59,280
[uneasy music playing]
549
00:39:00,080 --> 00:39:01,680
[car engine starts]
550
00:39:02,520 --> 00:39:05,880
[Higinio] I took somebody's life,
and it took a while to finally understand
551
00:39:05,960 --> 00:39:09,200
how it made other people feel,
especially Eric's family.
552
00:39:09,280 --> 00:39:12,640
And I think that's one of the main things
I wanna prove to everybody.
553
00:39:12,720 --> 00:39:16,320
Regardless of how you grew up,
you can still change.
554
00:39:19,560 --> 00:39:23,640
[Joe] He is clearly not taking
responsibility for his actions.
555
00:39:23,720 --> 00:39:27,160
He's clearly not accountable
for the things that he did.
556
00:39:28,280 --> 00:39:31,120
I reviewed the file from 1996.
557
00:39:31,200 --> 00:39:36,600
Clearly, he put the bullet in the gun
and described having one bullet.
558
00:39:37,600 --> 00:39:41,640
He pulls the trigger knowing
that there's a bullet in that gun.
559
00:39:42,360 --> 00:39:46,200
It appears as though he's just trying
to distance himself from his murder.
560
00:39:49,720 --> 00:39:51,320
[music fades out]
561
00:39:51,400 --> 00:39:53,960
I could have sworn that they loaded it.
562
00:39:54,040 --> 00:39:57,960
But he's saying that I said that,
you know, that I loaded it.
563
00:39:58,040 --> 00:40:00,800
Like, I honestly don't recollect
that part of it,
564
00:40:00,880 --> 00:40:04,240
you know, of me saying
that I loaded the gun.
565
00:40:06,040 --> 00:40:06,960
[exhales]
566
00:40:07,560 --> 00:40:08,720
I mean…
567
00:40:10,600 --> 00:40:12,720
I don't know right now. It's kind of like…
568
00:40:13,280 --> 00:40:16,080
I don't know, my head's in all kind of
different directions right now.
569
00:40:16,600 --> 00:40:19,720
So I'm trying to, like,
wrap my mind around it.
570
00:40:22,960 --> 00:40:25,920
I think that when I thought I could
pull the trigger that it would scare him
571
00:40:26,000 --> 00:40:31,360
if he just heard the gun, like, you know,
just dry fire, just hear it click.
572
00:40:31,440 --> 00:40:33,440
To try and scare him,
you know what I mean?
573
00:40:33,520 --> 00:40:35,960
And that was the intent. You know? But…
574
00:40:36,840 --> 00:40:37,840
Um…
575
00:40:40,600 --> 00:40:41,520
[sighs]
576
00:40:41,600 --> 00:40:43,360
I don't know. Maybe…
577
00:40:44,360 --> 00:40:45,480
I think he's right.
578
00:40:46,440 --> 00:40:48,480
I think he's right. I think I did know.
579
00:40:50,720 --> 00:40:53,440
[somber music playing]
580
00:40:54,040 --> 00:40:56,200
I think I did know,
and I just didn't wanna…
581
00:41:09,040 --> 00:41:11,280
I just didn't wanna come to terms with it.
582
00:41:33,040 --> 00:41:35,800
I won't ever be able to heal properly
unless I face it.
583
00:41:36,720 --> 00:41:39,800
You know,
so coming to terms with it is tough.
584
00:41:42,200 --> 00:41:43,720
I don't like how it feels right now,
585
00:41:43,800 --> 00:41:46,280
but it's probably something
that I needed to hear.
586
00:41:53,080 --> 00:41:54,520
You know, I'm trying to…
587
00:41:57,240 --> 00:41:59,480
I'm trying to be the best me I can be.
588
00:42:01,440 --> 00:42:04,520
And that… that makes me feel
like I'm not even close.
589
00:42:11,600 --> 00:42:12,440
[sighs]
590
00:42:12,960 --> 00:42:13,960
[sniffs]
591
00:42:16,760 --> 00:42:18,760
[somber orchestral music playing]
592
00:42:41,880 --> 00:42:43,880
[music fades out]
45714
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