Episode 18 "The Lethal Risk of Fleeing Domestic Violence"

In Episode 18, we hear about how Judge Chip's first experience with domestic violence ended in murder. In True Justice, Arnie and Stephanie meet Arturo Azul in jail.

Transcript

SPEAKER_02 0:05

The Smoke and Gamble Podcast is now in session. I'm retired Judge Chip Small, presiding over this podcast with my bailiff, Madeline Rhodes. We welcome you and ask you to join us as we look at our justice system from a unique, candid, and inside view. Maddie, what's on the docket today?

SPEAKER_00 0:24

Judge, today you will explain to our listeners why victims of domestic violence choose to stay with their abusers and how that decision is rational. We will also continue the story of true justice. Okay, Judge, why would anyone stay with the person who abuses them?

SPEAKER_02 0:40

Believe it or not, there are several reasons victims of abuse remain with their abusers.

SPEAKER_00 0:46

Interesting.

SPEAKER_02 0:47

First, they love the person, and because they want the abuse to stop, they hope that he will change. After all, he usually apologizes after the assault and tells her that he loves her. I say he because the vast majority of domestic violence perpetrators are male.

SPEAKER_00 1:05

That's fair.

SPEAKER_02 1:06

Second, they have nowhere else to go. Many times the victims are dependent upon their abuser financially as well as emotionally. If the abuser goes to jail, then the victim may not be able to pay the rent, such that she and her children, if there are any, will be out on the street. Third, sadly, some abusers convince their victims that it's their own fault that he had to assault them. Fourth, many victims are ashamed that they chose to stay after the first incident of abuse. Fifth, often perpetrators threaten their victims to get them to stay. For example, they may threaten to deport them if they are illegally in our country, or they may threaten to take their children from them if they try to leave because the perpetrator is the only one who is employed and can support the children while the victim has no job or money. But the single most important reason they stay is because the chances of the perpetrator killing them if they leave is five times more likely than if they stay and continue to suffer the abuse. So when you think about it, all those reasons are rational.

SPEAKER_00 2:23

Yeah, I can agree. Nonetheless, it's very sad, but shouldn't they still leave the relationship? Wouldn't that decrease the chance of them getting killed?

SPEAKER_02 2:33

Of course they should leave, but most need a plan and outside help to carry it out successfully. Many of these women are ashamed, too afraid to ask for help, and do not believe they have the financial means it would take to be able to leave. Worse yet, they do face the real risk of being killed if they do leave. Let me share with our listeners the true story of my first encounter with domestic violence. But before I do, it's time for a recess, Maddie.

SPEAKER_00 3:05

Agreed. The Smoking Gavel Podcast is sponsored by Judge Small Books and Gatekeeper Press, a full service publishing company empowering authors with complete creative control, professional guidance, and 100% royalties. Whether you're publishing your first book or your tenth, the team makes a process simple, transparent, and truly author-friendly. Listeners of our show can receive 10% off any publishing package with Gatekeeper Press just by mentioning discount code ChIPSMAL when requesting a quote or during your free consultation at gatekeeperpress.com. Okay, Judge, tell us about your first encounter with DV.

SPEAKER_02 3:44

This story begins when I was in law school in a special criminal justice clinical program. We were given a tour of Seattle's 911 Center. At that time it was housed on a cordon off floor that had its own power and ventilation system so that it could operate independently during the worst of situations. They had many trained 911 operators on duty 24 hours a day, seven days a week. There were three levels of operators. The lowest level had the most operators who handled routine 911 calls. The second level, with fewer operators, handled more emergent calls, usually involving some sort of violence. The top level only had two or three operators who handled the most urgent matters. My wife and I had been managing a 16 unit apartment building just north of the Fremont District of Seattle to get free rent when we were in when I was in law school. Wasn't far from the Buckaroo Tavern. Not too long after this tour of the 911 call center, we were asleep in our apartment when we heard blood curdling screams and footsteps running down the hall. Then a body flung against our door while the person screamed Call Medic One. Call Medic one. I opened the door, to our surprise, it was a man we had never seen before who was screaming, call medic one. I immediately dialed 911. The operator who answered could hear the screaming in the background and I was immediately switched to a level two operator. As I was speaking to her, more screaming was heard, and then our newest tenant ran into our apartment screaming, Call 911. The man who first came through our door began to back out of our apartment. Then I observed bright red handprints on both sides of our tenant's neck. I then heard the calming voice of the level three operator. He sounded like James Earl Jones or Barry White, soothing and extremely confident. He told me a unit was on its way. I told him the guy backed out of our door but was standing inside the entrance to our building. My wife reassured our tenant that everything would be okay. As the patrol unit arrived right under the street light on the corner, the man who we later found out was the ex boyfriend of our tenant fled out the back door. Police pursued and even brought a canine unit, but it had begun to rain, so we got away that night. Our tenant told us how she has been trying to get away from him for months. Of course, she immediately moved out and didn't leave a forwarding address.

SPEAKER_00 6:29

It sounds like the better case scenario of a lot of those horrible shows you see where a woman is murdered in her apartment or anything such as. You know, recently in Wenatchee, a cold case was just solved and it ended up being the woman's husband, and he lived a good 40 years scot-free, passed away before they could figure out that it was him. So yeah.

SPEAKER_02 6:52

Well, this story gets worse, Maddie. As part of the criminal justice clinical program I was in, I worked at the Seattle King County Public Defender's Office. A few weeks after this incident in our building, the defender's office was appointed to defend this same guy for the murder of our former tenant. Oh no. He had found her in her new apartment, and then he shot her through the sliding glass door and killed her. I told my boss what had happened before, and her office declined to represent him.

SPEAKER_00 7:25

And that was your first encounter with domestic violence?

SPEAKER_02 7:28

Unfortunately, yes. In our next episode, I'll share my first encounter with domestic violence after I became a judge. In the meantime, let's get back to our story true justice. Chapter sixteen. The Franklin County Jail is a two hundred fifty bed adult correctional facility located adjacent to the courthouse in Eagleton. Five stories tall, it towers above the old courthouse. An underground tunnel connects the two structures to facilitate the safe transport of prisoners to court. Visitations are available through video conference. If the prisoner is in custody for thirty days or more, then in-person visits may be arranged on Wednesdays and Saturdays. Attorneys are allowed to visit their clients throughout the day, except during mealtimes. Breakfast usually ends for the prisoners by 9 AM. Stephanie stands outside the jail entrance, waiting for Arnie. They agreed to meet at 9 30 AM. Let's do this, Arnie says, walking up to Stephanie. The two proceed through the entrance and immediately encounter a security checkpoint staffed by two deputies. Stephanie walks through the metal detector after leaving her briefcase on the table to be examined by one of the deputies. Arnie follows her lead. The deputies are familiar with both attorneys, but do not greet them with the usual niceties. Both are particularly cold toward Miss Sampson today. They know why she is there. Appearing at the glass entrance to the jail, the guard buzzes them through the steel door. They then walk down the hallway to another glass window. Here they sign in, noting their state bar numbers and who they are there to visit. Steph is then given a numbered key fob. Continuing down the hall, they come to another dark brown steel door that leads to the housing units. Adjacent to it is an elevator door. Using the fob, they take the elevator to the fifth floor of the facility where Arturo is housed. Exiting the elevator, they come to interview room five oh one, which can only be described as cold and foreboding. The room is less than four feet wide and about twelve feet deep. It is divided into two by a wall across the middle. One side of the wall is for the attorney and the other for the prisoner. The wall is cinder block except for a five eighths inch plexiglass bullet resistant panel above a metal desktop. There is a small metal well below the plexiglass to allow attorneys to pass documents to their clients. Below the desktop is cinder block, like the rest of the walls of the room. The painted cinder blocks are barren except for the sign that warns Inmates are not allowed to have pens outside the booth. Please retrieve them from the inmate when they are done using them. There are no cameras in the room. Brown plastic chairs can be seen on both sides of the dividing wall, one for the attorney and one for the inmate. Arnie steps out to retrieve another plastic chair from the unused adjacent interview room and manages to set it behind the chair Steph sits down on. Having only met Azul briefly at his first court appearance, Stephanie has not yet interviewed him. She removes the folder from her briefcase containing the police reports she has received thus far from the prosecuting attorney. In her experience, it is best to share with her client all the evidence the state has against him before hearing his side of the story. The young inmate steps into his side of the room with the help of a con the young inmate steps into his side of the room with the help of a corrections deputy, who then leaves, shutting the door with a small glass window behind him. Arturo nervously sits down facing the two lawyers on the other side of the glass divider. He has never been arrested before, let alone been in jail. His orange jumpsuit appears to be one size too large and makes him look even younger than his eighteen years. His brown eyes appear frightened. He is not the killer Arnie was expecting.

SPEAKER_00 11:53

Good morning, Arturo.

SPEAKER_02 11:54

Stephanie begins.

SPEAKER_00 11:56

Remember me? I'm the attorney who is representing you.

SPEAKER_02 11:59

Arturo nods, and his eyes dart toward Arnie.

SPEAKER_00 12:03

And this is Mr. Arnold Adams. He is also an attorney whom I have asked to meet with you today. Before we begin, I want to assure you that anything you tell us today is confidential and privileged.

SPEAKER_02 12:14

Arturo looks quizzically at Steph.

SPEAKER_00 12:16

What that means is whatever you tell us this morning, we will not and cannot share or tell anyone else. Do you understand?

SPEAKER_02 12:23

Yes, ma'am.

SPEAKER_00 12:25

In order for me to do my best representing you, it is important that you tell me the truth and nothing but the truth about what happened that day. Okay?

SPEAKER_02 12:34

Yes, ma'am.

SPEAKER_00 12:35

Now before I ask you about the details, I want to share with you what the police are claiming happened that day. Okay?

SPEAKER_02 12:41

Arturo nods. Stephanie then proceeds to read the criminal information filed by the prosecutor.

SPEAKER_00 12:48

Comes now James Blackman, prosecuting attorney for Franklin County, and by this information accuses Arturo Azul of the crime of capital aggravated murder in the first degree, committed as follows. That the defendant on the fifteenth day of May 2027 did then and there unlawfully, feloniously, and with premeditated intent to cause the death of another person, did shoot uniformed deputy Homer Hernandez of the Franklin County Sheriff's Office while he was in foot pursuit of the defendant for driving with a suspended license, thereby causing the death of Deputy Homer Hernandez, a human being, and the victim was a law enforcement officer who was performing his official duties at the time of the act, resulting in his death, and the victim was known or reasonably should have been known by the person to be such at the time of the killing and in the commission of the crime. The defendant was armed with a deadly weapon. In addition to these allegations, the sheriff's report indicates that witness one observed you fighting with Deputy Hernandez in an orchard next to residence at 1953 SR-120 Lakeview. Said witness heard a gunshot and fled into her residence. A few moments later, she saw the officer lying on the ground motionless and did not see you. She went up to the officer and saw that he was bleeding from the neck wound. Witness two says you contacted her at the residence of 1953 SR-120 Lakeview. And she gave you the keys to her mother's vehicle, a silver Honda Civic. Witness two says you then left the scene driving the Civic. The reports indicate that the officer's service weapon, a Glock 17 semi-automatic pistol, was not found at the scene. Law enforcement searched your house, the Civic, and your mother's vehicle, a Toyota Corolla, but did not find the weapon. The coroner's report confirms that Deputy Hernandez died within minutes as a result of the neck wound through his carotid artery, likely caused by a nine millimeter round.

SPEAKER_02 14:35

Arturo is visibly shaking on the other side of the glass panel. His eyes blaze with desperation and fear. Arnie sees that Azul is crying.

SPEAKER_01 14:48

It was an accident, he mumbles. I didn't mean to kill him.

SPEAKER_02 14:54

Softly, Stephanie states Tell us what happened, Arturo.

SPEAKER_00 14:59

Start from the beginning. Where were you going that day?

SPEAKER_02 15:03

I was going to see Lupe, he sniffles. She's my fiance.

SPEAKER_00 15:09

Guadalupe Rodillo, the girl who gave you the keys to the Honda?

SPEAKER_02 15:14

Yeah. We had got just gotten engaged, and I wanted to tell her that my uncle had agreed to let us live with him after we got married. But I didn't think she had told her parents yet, he says, beginning to calm down. When I saw the police car chasing me, I knew my license was suspended, and I knew I couldn't get arrested, or Lupe's parents would never have approved, so I had to get away.

SPEAKER_00 15:42

Go on.

SPEAKER_02 15:43

I ran away in the orchard because I figured the cop couldn't chase me in his car. My bike was fast and could fit through the trees, but I lost control and had to ditch my bike. So I took off running. But it hurt my ankle and the cop tackled me.

SPEAKER_00 16:00

Then what happened?

SPEAKER_02 16:01

Stephanie asked, with Arnie on the edge of his seat, leaning forward. We wrestled, then I saw his gun on the ground, and he was reaching for it. I thought he was going to shoot me, Arturo tells her excitedly. So I I grabbed it. Then he got on top of me. And he grabbed the gun too. Then it went off. Arturo begins to cry again. Arnie sits back in his chair, wondering.

SPEAKER_00 16:28

Did you pull the trigger?

SPEAKER_02 16:30

Stephanie asks him. I don't know. Maybe. We were both holding the gun.

SPEAKER_00 16:35

But then what happened?

SPEAKER_02 16:37

He stopped moving. I crawled out from under him. Saw the blood spurting from his neck. So I ran to Lupe's. Steph hands him a tissue through the portal. Arturo wipes his eyes and blows his nose. I didn't mean to kill him. It was an accident, he utters quietly. Back at the public defender's office, Arnie looks at Stephanie, seated behind her second hand desk and asks, Do you believe him?

SPEAKER_00 17:06

It doesn't matter if I believe him.

SPEAKER_02 17:08

She insists.

SPEAKER_00 17:09

What matters is whether the state can prove he intentionally shot the deputy. Are you willing to help?

SPEAKER_02 17:15

That concludes part one of True Justice. Listeners, you've now heard what happened when Arnie met Arturo Azul in the Franklin County Jail. Will Arnie agree to represent the accused cop killer? In our next episode, you'll hear about my first encounter with domestic violence after I took the bench. Thanks for listening today. We hope you enjoyed this episode of the Smoke and Gavel Podcast. To learn more, visit judgesmallbooks.com. Don't forget to like, subscribe, and share to stay connected. Also, don't hesitate to send us questions. Until next time, God bless.