Episode Transcript
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Speaker 1 (00:00):
Crime Stories with Nancy Grace.
Speaker 2 (00:06):
The horrific moment an allegedly drunk driver smashes into a
nail salon, killing four, all caught on video. I'm Nancy Grace.
This is Crime Stories. Thank you for being with us.
Speaker 3 (00:23):
A drunk driver plowed through the glass doors of a
crowded nail salon at seventy eight miles per hour, killing
four and leaving nine injured.
Speaker 2 (00:37):
You know, so often at trials I would have defense
attorneys actually say to a jury, where's the video.
Speaker 1 (00:44):
They can't prove this happened.
Speaker 2 (00:45):
They can't prove that, Let's just say this confession ever happened.
They can't prove the cops didn't beat the guy into
a confession. But guess what there is video?
Speaker 4 (01:07):
What good?
Speaker 1 (01:11):
What exactly happened?
Speaker 5 (01:13):
Listen shocking video released of the moments leading up to
a devastating crash that claimed four lives at a nail
salon on Long Island. The horrific footage appears to show
the X Marine visibly disheveled buying liquor before getting behind
the wheel of his suv and allegedly turning his vehicle
into a deadly battering ram.
Speaker 1 (01:32):
The alleged killer.
Speaker 2 (01:34):
As a matter of fact, as far as I can tell,
he's actually wobbling as he walks into the liquor store,
this before plowing through a glass window, killing four injuring
nine others.
Speaker 1 (01:53):
Take a look at this video. The crash is oh cool.
Speaker 2 (01:59):
Well, everybody running out onto the sidewalk to see what happened. PS,
it's my understanding. To Lauren Conlin, joining US investigative reporter
and host of Primetime Crime on YouTube, it's my understanding.
It's estimated he was going seventy eight miles an hour
in a parking lot.
Speaker 6 (02:20):
You're correct, Nancy, he was going seventy eight miles per
hour when he crashed clean through the Hawaii nail salon,
killing four people and injuring nine others, including a twelve
year old child.
Speaker 2 (02:33):
Terrifying new footage showing a drunk ex marine narrowly missing
pedestrians on the sidewalk before plowing through a glass window,
killing four, including a lady cop.
Speaker 1 (02:51):
A lady cop off duty.
Speaker 2 (02:54):
Joining me an all star panel to make sense of
what we know right now.
Speaker 7 (02:57):
But first listen inside Hawaii nail spa. Four people are dead,
nine others injured, some very seriously. One of those killed
is NYPD officer Amelia Rennack. The thirty year old was
assigned to the one hundred and second Precinct in Queens,
where her husband, Karl Rennick, is a detective. The Renax
were a month away from celebrating their one year anniversary.
(03:18):
Amelia Rennick was getting her nails done for a friend's
upcoming wedding, again.
Speaker 2 (03:22):
Joining me an all star panel, but first again to
Lauren Colin joining us in that's again a reporter, Lauren,
what happened?
Speaker 6 (03:28):
The ex unemployed marine hit that liquor store at eleven
am and he bought two pints of Long Island iced tea.
And this was after he drank eighteen beers the night before.
This is what he told law enforcement after the fact.
So around four forty pm is when you see that
video footage of him speeding through that strip mall parking lot,
(03:51):
which is a large parking lot, and he went seventy
eight miles per hour and went clean through that nail salon,
actually dragging the four vit underneath his.
Speaker 2 (04:01):
Cart, oh, dragging them inside and the al salon and
Fyi A Long Island iced tea is known for high
alcohol content made with vodka, tequila, gin rum, Triple Sick,
and lemon jeeves vodka, tequila, gin rum.
Speaker 1 (04:23):
And triple sick.
Speaker 2 (04:25):
Okay, um, it's usually topped off with a refreshing hint
of cola and complementary spirits deliciously intermingled. Of course, I
was reading that part. Deliciously intermingled. Okay, you know what
this guy did? You say two pints, two pints of
(04:47):
Long Island iced tea.
Speaker 8 (04:49):
I did say that two pints.
Speaker 6 (04:50):
They're three hundred and seventy five milliliters, so that's two pints.
Speaker 2 (04:54):
Joining me Erica Lynn, the MAD national Ambassador MAD Mothers
against driving, Erica, does.
Speaker 1 (05:05):
It ever end? You know, Nancy, that is a great question.
Speaker 9 (05:09):
We are facing a public health and safety crisis on
our roadways today like never before. But before I continue
to address that on behalf of MAD, I want to
send our deepest condolences and support to the victims that
have been affected by this senseless, violent, one hundred percent
preventable crime. You know, there are so many parts of
(05:33):
this story that remind me of what happened to myself
when my parents were killed in October of twenty sixteen.
You know, there is a whole misconception that these drunk
driving crashes happen after a night of binging in a bar.
I could tell you that they're happening every thirty nine.
Speaker 1 (05:53):
Seconds in this country. That's astounding to me.
Speaker 9 (05:57):
And my parents' killer drank a bottle of Jack Daniels
at home, got in her vehicle, drove to a bar,
had two Vodkas, two buybacks. When she stumbled out of
the bar and drove on a residential area going sixty
nine miles per hour, hit my parents dead on and
(06:19):
threw them sixty feet into a wooded area. Like this case,
there was also pedestrians on the street that had to
run out of the way or he would have hit
them as well. She would have hit them as well.
And sadly, probably most sadly, this woman was on her
way to pick up her three, five and seven year
(06:41):
old children, and there is no doubt in my mind
that my parents were the ones that stopped them from dying.
She hit them my parents before she got to her children,
or I am sure her children would not be alive today.
Speaker 2 (06:57):
You know, Ericalynne ad national ambassador very often, and I've
seen this happen over and over and over. Now this
is anecdotal, in other words, an anecdote a story.
Speaker 1 (07:10):
I don't have a statistic to back it up.
Speaker 2 (07:13):
Probably be too hard to gather this type of statistic.
Speaker 1 (07:17):
A lot of people wouldn't want to admit to it.
Speaker 2 (07:19):
But I watched many, many, ten years and before that
three years. Is a FED in a very very highly
concentrated area where we would have literally thousands of cases
a year each prosecutor. Vehicular homicides, which they're euphemistically called
drunk driving murders, is what I call them. But vehicular
(07:43):
hobicides are often plaid down. You don't get life behind
bars for a vehicular homicide that doesn't happen. Why Because
to me, this is a drunk driving murder. People argue, well,
they were drunk, they didn't know what they were doing.
Speaker 1 (08:00):
Yes, you know, two pints of Long Island te. You
know that. And make sure I don't even know what
I said, vodka Jen triple sick. You know what you're doing.
Speaker 2 (08:12):
You know when you get your car key out, you
know when you crank the car up, you know when
you put.
Speaker 1 (08:18):
It in reverse and put it in drive and go
out on the road. You know that each one.
Speaker 2 (08:24):
Each one of those acts shows intent intent to drive drunk.
Speaker 1 (08:31):
Absolutely, why don't we earbrush it?
Speaker 9 (08:34):
You know, it's a great question because it is a
deliberate decision to get behind a wheel. And you know,
I remember my father teaching me how to drive and
saying to me, Erica, you're getting into a four thousand
pound weapon. And you know, I wish, Nancy, that every
single person could watch this video that you just presented
of this vehicle going into the nail salon.
Speaker 1 (08:57):
It's horrifying, it is.
Speaker 9 (08:59):
It causes the most devastating consequences to everyone's life that's
affected by this. And you know, the one thing that
you could never get over. You can never get over
the fact that they all should still be here. This
is not a natural death, and it's one hundred percent preventable.
That's why it's going to take all of us together
(09:19):
as a community to make sure that we are consciously
making an effort to put it into impaired driving.
Speaker 1 (09:26):
I mean, Eric.
Speaker 2 (09:27):
Kalynn, you're the mad national ambassador. When you think about
so many of the drunk driving murder victims that you
have studied, or you think about your parents, they are
no less dead because their killer was completely drunk at
the time they died. Just I feel that drunk drivers
(09:52):
that commit homicides are treated differently.
Speaker 1 (09:57):
They're plaied down.
Speaker 2 (09:59):
And it's just the lady that you're talking about that
killed your parents. She sounds like a young mom, and
it's really a wolf in sheep's clothing because you see
this soccer mom walking in with her children, coming into court,
and it's hard to believe she killed two people.
Speaker 9 (10:18):
And for that, Nancy, she got four to twelve years
sentencing for killing two people and was out in three
And my problem with that is they come back out
of jail and they recommit the same crimes over and
over and over again, so we get into a vicious cycle.
I just want to comment on this case if I
(10:39):
can too, because you know, very rarely and I think
you mentioned this to Nancy, very rarely do we see
a murder charge in here, and the grand jury's decision
to indict on murder charges sends an extremely powerful message
that drunk driving is a violent crime and it's not
(10:59):
going to be tolerated anymore. Two out of three people
are affected by drunk driving in their lifetimes. We have
the tools to stop this and we must stop it
because every day I get notices about more and more victims,
and I know their struggle is going to be life
long for the families and those that love these people
that have that pass through this horrific crime, and even
(11:21):
if they didn't pass, they have horrific life altering.
Speaker 1 (11:24):
Injuries that last a lifetime.
Speaker 9 (11:27):
So this is this is a crisis on our roadways
right now, and it's going to take all of us
to stop it.
Speaker 2 (11:32):
In the last days, horrifying new video emerging of the
moments leading up to this devastating crash.
Speaker 1 (11:41):
Now look at this.
Speaker 2 (11:42):
You see the alleged per Stephen Schwally, visibly disheveled buying
more alcohol at a local liquor store before he goes
on a deadly rampage. Lauren Colin, is my understanding that
this was his second trip in one day to the
(12:06):
liquor store.
Speaker 6 (12:07):
Correct, This was his second trip in one day. You
can see at the time stamp it's eleven o'clock at
that time, and he returns because this liquor store is
right behind the nail salon, so that's why he was returning.
Speaker 8 (12:22):
I'm assuming at four forty that.
Speaker 10 (12:24):
Day, suspect Stephen Schwally had a blood alcohol count of
zero point seventeen.
Speaker 3 (12:38):
More than double the legal limit.
Speaker 1 (12:42):
What exactly happened?
Speaker 7 (12:43):
Lesson making his regular liquor store purchase of two bottles
of forty two proof Long Island Tea, Steven Schwally spends
the next five hours drinking his Long Island Tea and
driving around Suffoc County in his twenty twenty Chevy Traverse.
At four thirty two pm, Shwally arrives back where he
started at Stans Liquor Store. Only this time he comes
barreling through an intersection, running a red light at a
high rated speed, going airborne, speeding through the parking lot,
(13:06):
navigating an empty parking spot, hitting a curb, and slamming
into the front window of WAYI Nail and Spa next
door to Stans Liquor Store.
Speaker 1 (13:14):
Good gravy.
Speaker 2 (13:16):
That was our friend, Davemack at crime online dot com,
Hold on just a moment. I've got to dissect each sentence,
because each sentence is very is highly probative. In other words,
it proves something at trial. Joining me is Ben Powers,
high profile criminal defense attorney, and you can find them
(13:37):
online at legalpowers dot com. But first to Joseph Trembley,
Principal Engineer, Accident Reconstructionist at VERA Tech Consulting Engineering Vera
techeng dot com Vera Tech. Joseph Trembley, thank you for
being with us. Joe, can we analyze what I just heard?
Speaker 1 (13:58):
Okay?
Speaker 2 (13:59):
Making his regular liquor store purchase of two bottles of
forty two proof Long Island iced tea. Had to look
that up. You know, I'm a teach oler. Joe Shwally
spends the next five hours drinking the Long Island tea
and driving around, driving.
Speaker 1 (14:14):
Around Suffolk County. Why it is Chevy Traverse.
Speaker 2 (14:18):
Four point thirty two pm, he arrives back where he
started at the liquor store, this time barreling through an intersection,
running a red light at we think seventy eight mph,
going airborne, speeding through the parking lot, navigating an empty
parking spot, hitting the curb that should have slowed him
(14:41):
down if I stopped him, but no. He slams through
the front window of Hawaii Nil and Spa, right next
door to the liquor store. Stance liquor store. Didn't they
notice he had already come in once and he was
wobbling when he walked in. Okay, that's a whole nother
question for Ben Powers to oh trembling analyze what forensic
(15:03):
evidence exists to support the scenario I just laid out.
Speaker 11 (15:09):
Thanks for pointing that out. We have a couple of
pieces of evidence here that were probably very important to
the responding officers in this case. The first is all
of the footage that we have of this driver driving
through this parking lot prior to crossing the road and
then entering into the nail salon where the accident actually occurred.
(15:34):
The second piece of information that was probably even more
important for their investigation was the information that was taken
from the vehicle's black box. Now, that information typically includes
speed of the vehicle prior to impact. Believe it or not,
it can record usually around five seconds of impact related
(15:57):
speed data to impact. And then also what's also very
important here is any sort of driver input. So a
lot of times that black box data can include whether
or not the driver was applying the accelerator pedal and
whether or not the driver was steering in any sort
of way. And I believe what was taken from that
(16:20):
data was that there was an accelerator pedal application all
the way up to impact. There was no actual attempt
for any sort of breaking maneuver prior to entering the
nail salon. And one other thing I wanted to point
out here that's really kind of suspect as to this
(16:43):
driver's inputs was the fact that he was steering as
he was driving through this parking lot before impact, and
that suggests to me that he was actually cognizant and
aware of his surroundings.
Speaker 1 (16:58):
I've got to dissect what you're saying.
Speaker 2 (17:01):
You're saying he is steering as he's driving. You know what,
that's actually really important, holds your thoughts shoe to Ben
Powers joining me, veteran trial lawyer at legalpowers dot com.
Speaker 1 (17:17):
Ben Many argue that.
Speaker 2 (17:22):
Voluntary consumption of drugs or alcohol, somehow lessons your degree
of culpability. Know under our law, voluntary use of drugs
are alcohol.
Speaker 1 (17:37):
It's not a defense. Now. Some may argue he didn't
know what he was doing.
Speaker 2 (17:43):
He knew enough, as Joe Trembley from vera tech who
has reconstructed countless crashes and other.
Speaker 1 (17:52):
Accidents, this isn't an accident, this is a crash, he says.
The defendant.
Speaker 2 (18:00):
Enough was cognizant enough to steer, he knew his way
back to the liquor store as where he's going.
Speaker 1 (18:09):
That would suggest he was not commatized.
Speaker 2 (18:12):
He wasn't passed out behind the wheel, which adds to
my argument of intent.
Speaker 4 (18:18):
So with regard to this case specifically, it's a little
unique in the sense of you do have a second
degree murder charge included with the vehicular homicide charges and
the other assorted assault charges for the pedestrians that he dodged,
for the other individuals that were in the spa that
were not killed, and so it is different, but it
(18:39):
is you know, with the way that he's navigating the road,
he's swerving around cars, he's barely missing cars, he's dodging pedestrians,
is across the crosswalk, and then he does, unfortunately thread
the needle and goes right into the only empty parking
spot at the spa parking lot, which is what causes
him to go into the building. I think that's what
(19:00):
makes this a second degree murder case, or why the
prosecutor went with that charge. I don't think it's because
it's a dui. I think the dui aspect of the
case is really just the final nail in his coffin
because drunk or not, with the type of driving he
was exhibiting and the speeds he was going, that is
(19:20):
arguably a second degree murder case. And he could have
a zero point zero zero VAC and it would be
the same.
Speaker 2 (19:27):
You use the phraseology he could thread the needle.
Speaker 1 (19:31):
What did you mean by that?
Speaker 4 (19:33):
Well, I mean is the type of control that took
to go into the only empty parking spot, Because if
he doesn't hit that empty parking spot, he either hits
the white van to his left, or he hits the
red looks like a Corolla to his right, he hits
either of those vehicles, none of this happens, but he's
able to, at seventy eight miles an hour, go into
the only empty parking spot at the parking lot. So clearly,
(19:57):
if I was the prosecutor, I would be arguing that
he he was in control because that's going to help
make it a second degree murder case for the prosecutor. Now,
if I'm on the defense side, I'm leaning on the
fact that this is a very unfortunate dui that had
tragic consequences. Because vehicular homicide, if it's a DUI, is
substantially lower consequences and risk for mister Shwally than the
(20:21):
consequences of a second degree murder conviction. I don't know
enough about mister Shwally, his body mechanics, the way he
carries himself. I do see the argument with him making
the statement they had eighteen beers that day that could
lean towards he's already impaired when we see him in
this video. Or he could just be an old marine
veteran and that's just kind of how he shuffles around
(20:43):
in life.
Speaker 3 (20:45):
He should never be bailed out. He should never get
out of jail, says the brother of gen Ki Chen,
the nail salon owner mowed down in his own shop.
Speaker 1 (20:57):
I'ven't gotten to tell you about him.
Speaker 2 (21:00):
The four murdered victims are the owner of the salon,
he's a father, a husband, and his wife has horrible injuries.
She is going to have multiple surgeries to look forward to.
The off duty lady cop and the others just trying
(21:21):
to make a living at the nail salon when this
guy Swally literally comes plowing through the nail salon window,
killing four. Let me go to Erica Lynn joining us
MAD National Ambassador Erica. These people, several of them running
(21:45):
out clutching their bags, multiple bags of liquor. They don't
go help, They run to their car. I just wondered
why did they not want to speak to cops, and
if so, why, I honestly think they were in shock.
Speaker 9 (21:59):
I mean, you have to underunderstand that these crashes happened
so quickly and so intensely that anybody surrounding them is
going to be in a state of shock to see
a seventy you know, a vehicle go into a nail
salon at such a high speed.
Speaker 8 (22:16):
You know.
Speaker 9 (22:16):
And the other thing is they may not have thought
it was uh, you know, I don't want to use
the word unintentional, because we have defined that this is
intentional because you got behind a wheel. But they may
have thought it was some kind of act of terrorism
or something like that. I mean, there are many reasons
why people react the way they do when they're in shock. Yeah,
you're right, and you know, and I believe that's the
(22:40):
case with these innocent bystanders.
Speaker 1 (22:42):
Yeah, you know what, you could be right.
Speaker 2 (22:44):
My line producer insists that it's because they all have
alcohol in their breasts and they don't want cops to
find out. I tend to believe you are correct. The
one guy was not clutching liquor. The other people were,
and they made a run for it. They wanted to
get away from that Staine as fast as they could.
Speaker 7 (23:03):
Listen to this, the twenty twenty Chevrolet Reverse being driven
by Stephen Schwally, crashes through the front window of Hawaii
Nail and Spa at about seventy eight miles per hour.
Four people are dragged under the vehicle, while nine others
are thrown in what is described as a violent explosion
that somebody's flying everywhere. The suv has finally stopped when
it crashes into the back of the store.
Speaker 2 (23:23):
To Joseph Trimbley, principal engineer accio reconstructionist at Veritech, how
do I know?
Speaker 1 (23:29):
How can I prove he was going seventy eight miles
an hour?
Speaker 2 (23:34):
And you'd have thought that bumping over that curve would
have slowed him down, but it didn't.
Speaker 11 (23:39):
You know, that's a great point. The speed is something
that they probably got from the black box data of
the vehicle. Again, there's a couple of data points that
they can go off of there. And first off, we
have what appears to be a high rate of speed
(24:00):
as he crosses the road, so much so that he
actually goes airborne and clears the curb on the opposite
side of the road. But the speed itself, really there's
no way to do an accurate reconstruction based on the
building damage. Unfortunately, there's just too much, too much glass
(24:24):
and bricks and doors and other objects that really don't
slow down the vehicle much at all. And so for
that reason, they're probably going off of that black box data.
Speaker 2 (24:36):
And there's certainly no skin marks. That's something you often
look for to determine what really happened. Not a single
skin mark as far as I know.
Speaker 12 (24:46):
What about that, Joe, if you didn't have this this
surveillance camera footage, what you could say, what you could
suggest right there is that because we have no skid marks,
we have no braking and he's just entering this building
at at whatever speed he was going with no break
inputs at all.
Speaker 11 (25:06):
That means he's making no attempt to stop. He's not
really steering away from the building in any way. He is,
as we said, he's threading the needle between two other vehicles,
which again that shows that he probably was cognizant and
able to steer even though he's not breaking.
Speaker 5 (25:26):
This is not the first time Stephen Schwally has been
charged with driving while intoxicated. In twenty thirteen, Schwally slammed
into a mailbox and Dix Hills and drove off. Police
later found him passed out a sleep behind the wheel
of his car. Charged with DUI and leaving the scene
of accident. Shwally pleaded guilty and was sentenced to three
years probation. Schwally's brother, Edwards, says Shwally has more than
(25:47):
one prior DUI, claiming to have driven his brother to
probation while he refused to take a breathalyzer. In twenty
ten or eleven.
Speaker 2 (25:56):
National Ambassador for Mother's Dad ISNK driving mad Is is
joining us Erica Lynn Erica. Isn't that just so typical
of vehicular homicides, as I say, drunk driving murders. If
you have someone that has committed a vehicular homicide and
you check carefully, you will find out that they have
(26:17):
had multiple DUIs in this one, including leaving the scene.
Speaker 1 (26:22):
Yeah, that's very very true, Nancy.
Speaker 9 (26:25):
There is a very much a lack of.
Speaker 1 (26:29):
A lack of.
Speaker 9 (26:30):
Commitment to their acts, which is horrifying. That's number one.
But the amount of times that they drive drunk before
they get caught is average of eighty times. Just think
of that statistic. Eighty times before somebody is caught.
Speaker 1 (26:48):
I've got to let that sink in.
Speaker 9 (26:50):
It takes an average of eighty times a person drives
drunk before they get caught with a DWI.
Speaker 2 (26:57):
Eighty times before they're finally caught with a du Why
much less of vehicular homicide guys as promised special guests
joining us doctor Kendall Crown's cheap medical examiner Terran County.
That's fort Worth, never lack of business a steamed lecturer
at the Burnett School of Medicine at TCU. Dodger Kendall crowns,
(27:17):
we haven't even gotten to talk about the victims.
Speaker 1 (27:20):
Listen.
Speaker 7 (27:21):
Forty one year old Yanzu and fifty year old Maisie
Jang both worked at Hawaii Nail and Spa, and both
were killed in the crash. Yanzhu's family is seeking for
help in a fundraiser on gofund me to raise money
for the care of her elderly father and her twelve
year old son, who has polio. Relatives are reminding people
that with the salon destroyed and their loved ones killed
or injured, these families will be struggling for some time
(27:43):
to come.
Speaker 2 (27:44):
Dear Lord in Heaven, one parent dad, the other injured,
the child has polio and more.
Speaker 7 (27:51):
Kenny Chen, the manager of Hawaii Nail and Spa, is
among the four killed when the suv crashes through the
salon in nearly eighty miles an hour. Chen's wife is
also at the salon at the time. She's critically injured.
She's already had one surgery with more to come. Doctor
say her recovery will take at least two years. The
Chens have two children, ages ten and five, and with
their father dead and their mother facing multiple surgery and
(28:13):
years of recovery. Go fund me a set up by
a nephew who says, with the salon their only source
of income, Kenny chendad his wife critically injured, they don't
know where to turn for help.
Speaker 2 (28:23):
To doctor Kendall Crowns, I'm just so relieved that you
are so calm, methodical and impartial objective when you perform
these autopsies, because when I think about the dad dead,
the mom facing all these surgeries, and they had this
little boy to raise. The other person has a child,
(28:44):
had a child with polio for Pete's sake, and now
that parent is gone. Doctor Kendle Crowns, you heard that
the bodies actually flew through the air. Describe what happened
to the human body when this guy plowed into that
nail salon.
Speaker 13 (29:02):
So with a vehicle going in at that high rate
of speed, when they hit the individuals, the speed will
transfer into the bodies and then they will continue flying
after that, after the car stops. What you'll see internally
is you'll see a lot of fractured bones. The organs
will actually explode or be lacerated by the force of
(29:24):
the car if it hits them at the right angle.
You'll see limbs torn off and even decapitations as well. So,
usually high rates of speed from vehicles hitting the body,
there's a tremendous amount of damage done to the body
that even the body can be severed in half.
Speaker 2 (29:42):
You know, as I'm listening to you describe on what
has happened to the bodies, there is a stark dichotomy
a comparison to this.
Speaker 1 (29:54):
Listen, we just.
Speaker 2 (29:55):
Had the far day separation party mobol.
Speaker 8 (30:00):
We're both singing and dreaming.
Speaker 1 (30:04):
Together with for a video and then with such a
happy family.
Speaker 10 (30:09):
No, it's all.
Speaker 2 (30:13):
That is the brother of Kimmy Chen Stephen speaking. That's
some of our friends and on Twitter at w I
N N we just had a birthday celebration party. We
were both singing and dreaming together, we record a video
and have such a happy family. Now it's all gone.
(30:35):
It's all gone, and the brother breaks down weeping, weeping,
and there's so much more to doctor Kindle Crown's how
do you keep your head on straight when you hear
the victims' families grow men crying over what has happened?
(31:00):
And the last thing I want to hear is anyone
defending this guy claiming, well he's the next Marine. Well,
I doubt the Marines are proud of this moment, So
don't use them to shroud what you have done. Dodger
Kendall Crowns could how long could these victims have lived
after being plowed down by this guy? To do experience
(31:22):
the fear and the pain of what happened.
Speaker 13 (31:24):
It's if they have crushing injuries of the head or
their spinal cor gets severed, they may die quite rapidly
or on pun impact. If they have an injury that
doesn't necessarily involve their head, they could survive for a
matter of minutes or even longer. If they are crushed
underneath the vehicle and are just kind of pinned in
(31:46):
place with not their chest or like their pelvic region,
they could be living underneath that vehicle for several minutes
until they either bleed out or die from asphyxiation being crushed.
Speaker 2 (31:58):
Oh my stars on the looking at some of the victims,
they are so beautiful. There is the lady cop who
lost her life. That's Amelia Rennick about to celebrate her
one year anniversary married to NYPD Detective Carl Rennick. Then
(32:19):
you had Gian Kai Chen that was the salon co owner.
Then you had Jenny Shoe, an employee forty one. You
had Maisie Jong another employee just trying to make a living,
trying to make a living at a Neilson.
Speaker 1 (32:40):
Look how pretty, oh.
Speaker 2 (32:43):
One leaves behind a child with polio, one leaves behind
two minor children to be raised.
Speaker 1 (32:49):
Without a parent.
Speaker 2 (32:52):
Just you know, Ben Powers, how do you somehow lessen
that when you're arguing a case like this to a jury.
Speaker 4 (33:00):
So it doesn't devalue their lives that have been lost
to argue what is legally appropriate. And so if I'm
on the defense side, I'm pointing to the BAC. I'm
pointing to the fact that he's driving the car like
it's a boat, just leaning left, leaning right, just kind
of meandering down the road, and pointing to the fact
that he never applied to break he was going to
(33:22):
a high rate of speed, and he gave very olid
responses after the fact, like give me my license back,
I've done nothing wrong, you know. Point to all those
various facts to say this is a dui. It's a
tragic dui, but it's a dui nonetheless that had tragic consequences.
This is not second degree murder. And so my fixation
(33:45):
when I'm making those types of arguments is on the
law and what is appropriate under the law, because the
vehicular homicide still holds him accountable for his actions of
taking these lives, and that's the more appropriate charge the
defense arguing that. Now, obviously, if on the proscuer side,
I'm arguing a second degree because of all the reasons
I'll point out earlier, But neither way devalues the lives
(34:09):
they've been lost.
Speaker 3 (34:14):
Schwally purchased two three hundred and seventy five milliliter Long
Island iced tea bottles the morning of the crash. The
bottles found empty by investigators after the crash.
Speaker 2 (34:29):
Even now, I don't know we're getting the whole truth.
He had a BAC blood alcohol content of point one seven,
the legal limit. I don't even think there should be
illegal limit. Why should you drive after you'd been drinking
at all? But the legal limit is point zero. Eight
point one point seven would be over double the legal limit.
(34:50):
And apparently they didn't notice him wobbling in, and apparently
this was his second trip. He had already had those
eighteen beers. What about doctor Kendle Crowns. My question is
if by the time he was tested he was point
one seven, I'm sure time had passed, would the blood
alcohol level have dissipated.
Speaker 13 (35:12):
So every hour you don't drink, your blood alcohol level
will go down point oh two. So, but if you
continue to drink, your blood alcohol level will not go
down and will continue to go up. So each bottle
of beer, glass of wine, or shot of whiskey will
raise your blood alcohol level point oh two.
Speaker 2 (35:33):
Question Lauren Colin joining us I co host of Prime
Time Crime on YouTube. Lauren, was he Schwally the driver
injured at all?
Speaker 8 (35:43):
No, he was barely injured. And isn't that how it
always happens.
Speaker 6 (35:47):
The driver is always okay, and he killed everybody in
his path. So no, he was completely fine. You can
see the scratches on his face. I mean he went
into amazing Yeah, into port with a wheelchair. Maybe that
was for a effect, but no, he was fine, you know.
Speaker 2 (36:02):
To Joseph Chimbley, engineer, actual reconstructionist at Vitech, Joe, how
many times have you handled a vehicular homicide reconstructing and
all the victims die and the drunk driver lives.
Speaker 11 (36:15):
It's incredible. It seems like it happens every time. There
could be a severe impact, maybe even a head on
collision between two vehicles, and for some reason, the drunk
driver is able to escape with minimal injuries.
Speaker 1 (36:33):
It's incredible, Joe. I've seen it over and over. I
have no explanation. They didn't teach me that in law school.
Speaker 2 (36:40):
So to Erica Lynn, who is a victim of drunk driving,
both of her parents died at the hands of a
drunk driver like a soccer mom Erica. As someone who
has been through this, what is your message today?
Speaker 9 (36:56):
My message is that, first of all, I'm devastated for
these families. I really am, because I know their journey
ahead and they don't even know what's coming down. They're
going to have a criminal child, likely a civil trial
against the bar that served him.
Speaker 1 (37:12):
And you're right that they are not injured.
Speaker 9 (37:16):
They never get injured, and there's a reason for it,
I believe, and I believe they're so loose from the
amount of alcohol in their bodies that they're not bracing
their bodies for impact, and that's why they do survive.
Speaker 2 (37:28):
I heard that theory many times before.
Speaker 9 (37:30):
I had the unfortunate example of my father taking his
last breaths while the offender was in the next room
screaming profanities, and that was.
Speaker 1 (37:40):
Very, very difficult to hear.
Speaker 9 (37:41):
But I want to offer some hope, Okay, I really
do want to offer hope.
Speaker 1 (37:46):
We at MAD.
Speaker 9 (37:47):
I was part of the National Board of Directors for
MAD when we passed in twenty twenty one the Halt Act,
which is passive technology installed in vehicles that will stop
the vehicle if impairment is detected.
Speaker 1 (38:02):
And moves the car off the road.
Speaker 9 (38:04):
This is going to be implemented, we hope, by twenty
twenty six, and it will save ten thousand lives a year,
which is significant.
Speaker 1 (38:14):
So you know, it is frustrating for.
Speaker 9 (38:17):
Me as a victim, as an advocate, as Matt's national ambassador,
to hear of these crimes that are preventable, because I
will tell you I will never get over it.
Speaker 1 (38:28):
I will never.
Speaker 9 (38:29):
I've turned my pain into power and I will fight
till the day I die to make sure that this
doesn't happen to anybody else who is a horrible, horrible
thing to have to live with.
Speaker 2 (38:40):
Erica Lynn with us from Mothers Against Drunk Driving. She
is the national ambassador. And now you see why we
wait as justice unfold. Fancy Grace signing off, goodbye friend
Speaker 8 (39:00):
E