May 9, 2019 • 27 mins
iO and Austin track down some concrete evidence.
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Episode Transcript
Available transcripts are automatically generated. Complete accuracy is not guaranteed.
Speaker 1 (00:00):
For confidence in your financial plan, look for a CFP professional.
When your financial advisor earns the CFP certification, it means
he or she is trained to provide ethical financial planning
across a holistic range of topics from retirement and investing
to taxes and estate planning, all in your best interest.
So with a CFP professional, you'll feel confident in your
(00:22):
financial plan today and tomorrow. Three letters do make a difference.
Visit Let's make a plan dot org to find your
CFP professional. You know what I realized. Let's say you're
always very concerned about my year bamte consumption, but I
realized I don't drink coffee. One morning, my producer Austin
(00:42):
and I are in the studio getting jacked up on caffeine.
Both sound a little froggy when Austin hits me with
a surprise. The reason that I sound so bad today
is that I was up very late last night um
and go to bed until after two am because I
was working with Amanda to file for the death certificate.
(01:04):
She texted me at midnight saying that she was starting
the process, and I was like, all right, I'm here
with you. Oh my god. It happened, and it happened,
and it's the death certificate application has been filed. I
don't want to get too hopeful yet, but what I
hope is on the death certificate. What we requested is
(01:27):
not just you know, the date of death and all that,
but the cause of death, which can only be released
to the next of kin. And so she'll receive it
in about three or four weeks, barring any type of complication.
Then about three or four weeks later. Okay, what day.
(01:48):
It's well, Austin was working with our editor, Zack. What happened?
Get close to my iPhone. He got a message. I
just got a text from Amanda. It says, hey, I
received the death certificate. It's pretty fucking shocking. Oh man,
my heart's pounding. Many we don't know what we're gonna
(02:09):
find out, So, uh yeah, you're staring at something. What
do you what? What's in front of your face? Right now?
I'm looking at Billy's death certificate, which I just really
am struggling to believe that we have. This is really creepy,
(02:37):
This is really, really, really intense. This is real, This
is really real. Certificate of death. Name of deceased William
Heightsman Police of Death, New York City, Burrow Manhattan Homicide
(03:07):
from Crimetown. I'm io till it right, and this is
the ballad of Billy Balls. It was a drug deal
gone bad, That's what I had heard. Any impression of
who had shot him undercutter cop. I mean, if we're
(03:29):
making ship up based on no evidence, we can make
up any ship we want, and it's all consistent with
the no evidence that we have crime. Some paper, and
then we'll see what we can make of the pieces
of paper. I want to think about it like a lawyer,
where I just want to see the evidence. Now Chapter seven,
(03:56):
the Hunt for Paper. Look how pretty New York is?
Right now, it's not so bad. I love when the
lights low like this. Let's back it up for one second.
Last winter, before we got Billy's death certificate, before we
(04:19):
met Amanda, Austin and I started our hunt for paper
in the East Village, just a few blocks from where
Billy and my mom lived. So we're on Fifth Street
between First and Second Avenue. It's freezing cold and crystal
clear outside, and the sun is blasting in from the side,
and the trees are all barren and on the north
(04:39):
side of the street is the ninth precinct Um, which
is the police station. That police is the neighborhood I've
grown up in my whole life, and a place that
my mom always spits on the ground outside of because
as far as she understands, they're the one that murdered Billy.
We're searching for the police files from Billy's shooting. Well,
(05:00):
what do we want to find out? I would like
to hear if they still have records from two and
where they would be and how one could get them released. Um, yeah,
that's good. Yeah, I'm with you. All right, let's go,
let's go. Thank you. The station is bustling with uniformed police.
(05:21):
A small area near the front is filled with people waiting.
A pretty French girl is filing a report about her
stolen bite. We walk up to an information desk staffed
by a smiling cop. I'm good, I'm looking into an
incident that happened in Third Avenue, which is definitely The
(05:42):
cop looks young, like real young. But I'm wondering, do
you guys have records going back that far incident reports
and things. It would probably have to go through one
police plaza because the only record said, we have access
to was everything that's computerized and yeah, a phone number, yeah,
(06:03):
as he writes down the number, and older cops saunterers
over just the heads of folks. Nothing is recording right now.
I'm recording right now, So I'm so sorry. Oh well,
(06:24):
if you want to get information out of the police
on recording, go for the young one who blushes when
you stick a microphone in his face. He looked like
if you put a police uniform on a toddler. He
looked like a toddler was going trick or treating. As
they were actually much nicer than I expected, or much
more willing to help. I think that has to do
(06:46):
with the fact that they don't know what we're doing.
You have reached the New York City Police Department. We
call one Police Plaza, the headquarters of the n y
p D, and ask them where we can find police
records from a while ago, from eight three on. We
(07:09):
have everything on our computer, and then everything prior is
on microfilm. Oh it is, so you could still request it. Yes,
we just have to go up and get the archives. Martha,
how can I help you there? I'm calling regarding a
foil request that I've said so we filed something called
a FOIL request, which stands for Freedom of information law.
(07:33):
It's a way for members of the public to access
New York State government records. Hold on. The problem was
my mom didn't remember the exact date of the shooting,
so we gave the n y p D a week
long range. The first week of June, the NYPD sent
(07:58):
a letter back saying that they needed more information or
they would close the request. I was speaking to help you.
Principal Ellis was the person in the records department assigned
to our request. Yes, it's a it's a very busy day, sir. Okay, Well,
I received a letter in the mail that said I
needed to provide additional information about the request in order
(08:20):
for it to go forward, and if I didn't provide
additional information then it would be closed. Yes, okay, hold on,
let me let me see if I can pull up
the file. Hold on, please, now, let's see. Yes, we
need the exact date of occurrence and the complaint number.
(08:42):
So I don't know either of those things, which is
why I'm calling. Okay. If that's the case, you know,
you know we can't help you. I talked to somebody
else in your office last week who said otherwise. Yeah,
but but sir, sir, yes, uh yeah, but I mean really,
(09:04):
I know the exact location for twenty years. I know
what I'm talking about. Okay, No, I believe you. I'm
just wondering if there's any way that we can work
together to actually search this out because I don't know
the exact date. I know arrange. Oh well, look, I
know they're not going to be they well, they are
(09:26):
not going to be happy about this upstairs and clearly
records searching because they did not like the idea and
they go through tons and tons on microphone for nothing,
which is why I asked for a specific date. Who
I can do with in the meantime, I'll do this
in pieces. I'll just take the time pard and divided
(09:50):
in the half. If I do find something, okay, I'll
go for it. If not, and they'll go go to
the second half of that time period. That Thank you
so much. I wish I had better in information for you,
but I want to work with you is as much
as possible on this, Okay. But I'm not planeting any miracle,
of course, I mean will definitely you know, Okay, Thank
(10:14):
you so much. Well, we'll see all right, good day, sir.
All right, Um, I need to grab some food and
then I wanna Then just a week later, are you
fucking kidding me? I just got an email that said
the FOIL request for the police report was closed, saying,
(10:38):
in regard to the documents which you requested, I must
deny access to these records on the basis of public
Officers Law section blah blah, and that such records consist
of police officers personnel records and are therefore exempt from
disclosure under the provisions of civil rights law section blah
blah blah. You know, sometimes they close these things because
they didn't find them. They clearly found something. Yeah, they're
(11:01):
telling us that they found and they're not going to
give it to us. Leakal Bureau Principle Ellis speaking to
help you. So we called Principal Ellis to see if
he could clarify the reason our request had been denied.
I got an email this morning saying that it was closed, okay,
and it says that it was closed because the records
(11:26):
consist of police officers personnel records. It's related to personnel
records of a police officer. That's usually exemption to a
foil request. But what does a personnel record? What does
that mean? And what it supposed to me that the
employment record the implotment history of an officer. M. Yeah,
(11:47):
I guess I'm just a little confused, only because I
was I was asking for the incident report and not
personnel records. Well, that would be considered part of it.
But sir, you do have do have an opportunity to
file an appeal. You do have that, Okay. I really
appreciate as well. You you're putting the request in up
(12:08):
there to them to search for it. Um, thank you
for doing that, all right? Can I just asked before
I go, is there any other information that you can
tell me about this that doesn't involve going into whatever
is denied? Um? Let me see okay, Um, well, let
me see the original data. The instant was June. Well,
(12:33):
it happened late at night June third, two the Heightsman
incidents here eleven pm June two. Billy was shot around
eleven pm on June three. It was a police involved shooting.
(12:54):
And also there's another reason why you may not be
able to get access in particular record, because the officer
was working undercover. There was definitely a police officer involved,
and the police officer was working undercover, and for obvious reasons,
we have to we have to block any information regarding
(13:15):
the identity of the officer. So that's another rope block
right there. So I'm declaring to know. I'm just going
you know why it this was denied and that was
all Principle Ellis would tell us, it's out of our
hands at this point. You have to make a case
that you know, for for getting access to those documents. Okay,
(13:38):
all right, all right, thank you so much, Principle Ellis,
all right, goodbye. There was no way that we weren't
going to appeal, so we reached out to our legal muscle. Hey, Ron,
it's Ron Koby. I I your name came up on
(14:01):
my Phonemafalaffele is here. Okay, So you got an email
from the FOYL people Austin. Do you want to read
him that. We explain to Ron that our request had
been denied because somewhere in the files where police officers
personnel records experience with this type of stuff. Fortunately do
(14:22):
Ron said he dealt with this before. Generally speaking, civil
rights Law fifty A protects the personnel records of members
of the uniform services and others. That is to say,
I can't get the cops file. I can't see when
he took vacation days, or whether she tested HIV positive,
(14:45):
or whether he's But in this case, he said, the
NYPD seemed to be interpreting the term personnel records in
a broadway. This now reads. The way this reads is
anything that has to do with police officer is like, oh,
here's camera footage of a police officer beating a demonstrator
(15:09):
over the head. Nope, sorry, personnel. Yeah, so so this
makes zero sense. So so anyway, okay, just just just
send me all that ship and I'll try to get
something out in the next few days. I won't send
it out until you you look it over. Oh wait,
what do you mean you get something back to the
(15:30):
end way, I didn't intend. What caused work is to
submit a fresh foil. Um. My office will do that.
We're requesting the records and we'll add a little more detail,
like there's there's specific categories of documents that you would
not know about. Is a lay person, thank you, thank you?
(15:56):
They left out Holmas? How did you leave out hommasi?
By so Ron Koby is in our corner and he
is dope. Ron Coobi is the man, Ron the saint
that he is submitted a new foil request to the
(16:18):
NYPD on our behalf. It's three pages long on his stationary,
and it says that it is going to be submitted
online and hand delivered to the record center. And then
he has a list of thirteen separate, very specific forms.
Oh it's an epic, sprawling request. It's because he knows
(16:42):
what the police paperwork looks like. You know, we don't.
We're like, we want a piece of paper to say
what happened. And he's like, well, okay, so I need this, this, this,
and this. So for the police files, all we could
do was cross our finger and wait, Herry Austin, Hey,
(17:02):
I know it's round Koby. I spoke with the detective
assigned to the foil request. Really nice guys. Um. He
said that the big issue is trapping down where the
files are physically located, because they're from nine two. But
he said this should be done the next couple of
weeks and we should have whatever we're going to get
by then, all right, take care. So we waited. A
(17:28):
couple of weeks turned into three than four. We tracked
down Amanda and got Billy's death certificate, which said he
died from homicide, and it's said a lot more. That's
after the break. I didn't fully get that. The death
(17:58):
certificate is literally just a list of the facts. It's
just back in the studio with Austin looking over Billie's
death certificate. So could you read it? Uh? I guess,
just read through the whole thing and then we can
talk about it. Certificate of death date filed eight two
(18:19):
June seven, forty five am. Name of deceased William Heightsman,
Sex is male. Approximate ages thirty seven years. Place of
death New York City, Burrow, Manhattan, Cabrini Hospital, where he
was an impatient, month day year, June two oh three am.
(18:45):
So he died on June at two oh three am.
He died in the middle of the night, which is
extra creepy to me, and for some reason my brain
immediately jumps to the other probably six seven eight hours
of that night, during which my mom was sleeping and
(19:06):
didn't know yet he was dead that whole night, and
she was sleeping thinking that she was going to wake
up and fight the case again and woke up and
probably got that call. And she said she got the
call in the morning. Right that morning, the hospital called
(19:29):
and the dude told me to come down to identify
the body, a William Heisman. It was around my mother's birthday,
which is June. I. Further certified from the investigation and
(19:49):
post mortem examination that in my opinion, death occurred on
the date and at the hour stated above, which again
is June two or three am, and resulted from And
then there are six empty boxes. One of them says
natural causes. Then there's accident, suicide, homicide, undetermined circumstances or
(20:14):
pending further investigation. And in our case or in Billy's case,
homicide is checked, which is chilling. My animal instinct was
he got murdered him. But homicide is when somebody causes
the death of another person in any situation. All murders
(20:37):
are homicides, but not all homicides are murders. And so
then it goes on and it says and that the
causes of death were and now this is the really
heavy duty part. Immediate cause. Multiple gunshot wounds of back,
(21:00):
back is the first thing listed. Multiple gunshot wounds of back, chest, liver,
spleen colon and arms with internal hemorrhage, survival twelve days
shot by police homicide. I came into this questioning everything.
(21:31):
I came into this process knowing that the only way
to actually do a fair and balanced assessment of the
situation was to question everything. So the assertion that he
was killed by the police was also a question mark
for me, because a rumor on the street doesn't mean
shipped to me. I want evidence. So now we have paper,
(21:55):
and the first place that piece of paper says that
he was shot was in the back. If Billy was
shot in the back, it at least opens the door
for serious questions about whether or not the police officer
who shot him shot Billy and self defense. It makes
(22:19):
me take the stories more seriously that we've heard from
my mom about what she says. Billy says in the hospital,
he told me he walked to the back of his
store to make a phone call. He says, du broke
down the front door, and it came and shooting and
shot him cold blood, starting in the back five times.
(22:43):
And the question was did you have a gun? No?
And that's all that you need to know. I now
believe that more we know for sure that William Heightsman
(23:07):
Billy Balls was killed by the police. It was in
this month of this year at this location, and he
died in this hospital and then was processed by this
medical Examiner's office. So all of the circumstances have now
been corroborated. The only thing we have no idea of
(23:29):
is motivation. Motive, Why now I want the police report
who shot him? Why? What were the circumstances? What's the
story that they give? Hey, Austin, it's Ron Kobe. It's Saturday,
a little after one. I'm pleased to report that Zeno's
(23:52):
paradox has been resolved and the arrow indeed has at
the target, and so amazingly, at eight fifty three out
on a Saturday morning, the NYPD has sent us a
traun if you will, of records, including um all the
(24:13):
crime scene unit stuff including photos and the arrest report
and other what we call d D five's, that is,
statements of the police about the investigation. And there certainly
is enough more than enough here to to put together
a narrative of what happened, whether people choose to accept
that narrative or not. But but there is a story
(24:34):
that the police tell here, uh, and it can be
teased out from the documents. So I'm I'm fording them
to you, and I'm fording them to Io and we'll
talk to take care. Hey man, it's I was just
looking at the police support. That could be from all
the photos are haunting. Second of all, there's something fishy, man.
(24:56):
There's something something's not right that's coming up in two weeks. Sorry.
(25:17):
Crimetown is Zack Stewart Pontier and Mark Smirling. The Ballad
of Billy Balls is hosted by me Io Till It
Right and made in partnership with Caden's thirteen. You can
find me on the internet. Um Io loves you on everything.
Say hello. I love seeing all you guys, And if
you want to know more about my story, pick up
my memoir Darling Days. I love to hear what you
(25:39):
think of it. We also want to hear from you.
We have a voicemail set up for you to call us.
This one is from an anonymous listener. It's highly annoying
that you guys don't go ahead and just at least
let us know what the police records say about the events.
We know you have them and you're just hiding them.
(26:01):
Episode after episode, you're hiding what happens. You know, we
didn't actually have them until we did. If there's something
on your mind, thoughts, feelings, complaints, outbursts of love and joy,
call us and leave us a voicemail at five seven
oh three zero. I'm serious. Just call us right now,
(26:24):
just say whatever. You can also get into our discussion
forum on our website, The Ballad of Billy Balls dot com.
The show is produced by Me, Kevin Sheppard and Ryan Swigert.
Our senior producers Austin Mitchell, Who's Rapidly Becoming My Best Friend?
Editing by Zack Stewart Contier and Mark Smirling. Fact checking
(26:45):
by Jennifer Blackman. This episode was mixed and sound designed
by Sam Bear. Music by Kenny qcach. Our title track
is Dark Allies by Light Asylum. Thank You, Shannon. Archival
research by Brennan Reese. Thanks to Daniella Aria, Rachel Lee Wright,
(27:07):
Emily Weiderman, Green Card Pictures, Alessandro Centauro, Bill Clegg, Ben Davis,
Orn Rosenbaum and the team at Cadence thirteen, and of course,
as always, my Mom, without whom none of this would
be possible.
For confidence in your financial plan, look for a CFP professional.
When your financial advisor earns the CFP certification, it means
he or she is trained to provide ethical financial planning
across a holistic range of topics from retirement and investing
to taxes and estate planning, all in your best interest.
So with a CFP professional, you'll feel confident in your
(00:22):
financial plan today and tomorrow. Three letters do make a difference.
Visit Let's make a plan dot org to find your
CFP professional. You know what I realized. Let's say you're
always very concerned about my year bamte consumption, but I
realized I don't drink coffee. One morning, my producer Austin
(00:42):
and I are in the studio getting jacked up on caffeine.
Both sound a little froggy when Austin hits me with
a surprise. The reason that I sound so bad today
is that I was up very late last night um
and go to bed until after two am because I
was working with Amanda to file for the death certificate.
(01:04):
She texted me at midnight saying that she was starting
the process, and I was like, all right, I'm here
with you. Oh my god. It happened, and it happened,
and it's the death certificate application has been filed. I
don't want to get too hopeful yet, but what I
hope is on the death certificate. What we requested is
(01:27):
not just you know, the date of death and all that,
but the cause of death, which can only be released
to the next of kin. And so she'll receive it
in about three or four weeks, barring any type of complication.
Then about three or four weeks later. Okay, what day.
(01:48):
It's well, Austin was working with our editor, Zack. What happened?
Get close to my iPhone. He got a message. I
just got a text from Amanda. It says, hey, I
received the death certificate. It's pretty fucking shocking. Oh man,
my heart's pounding. Many we don't know what we're gonna
(02:09):
find out, So, uh yeah, you're staring at something. What
do you what? What's in front of your face? Right now?
I'm looking at Billy's death certificate, which I just really
am struggling to believe that we have. This is really creepy,
(02:37):
This is really, really, really intense. This is real, This
is really real. Certificate of death. Name of deceased William
Heightsman Police of Death, New York City, Burrow Manhattan Homicide
(03:07):
from Crimetown. I'm io till it right, and this is
the ballad of Billy Balls. It was a drug deal
gone bad, That's what I had heard. Any impression of
who had shot him undercutter cop. I mean, if we're
(03:29):
making ship up based on no evidence, we can make
up any ship we want, and it's all consistent with
the no evidence that we have crime. Some paper, and
then we'll see what we can make of the pieces
of paper. I want to think about it like a lawyer,
where I just want to see the evidence. Now Chapter seven,
(03:56):
the Hunt for Paper. Look how pretty New York is?
Right now, it's not so bad. I love when the
lights low like this. Let's back it up for one second.
Last winter, before we got Billy's death certificate, before we
(04:19):
met Amanda, Austin and I started our hunt for paper
in the East Village, just a few blocks from where
Billy and my mom lived. So we're on Fifth Street
between First and Second Avenue. It's freezing cold and crystal
clear outside, and the sun is blasting in from the side,
and the trees are all barren and on the north
(04:39):
side of the street is the ninth precinct Um, which
is the police station. That police is the neighborhood I've
grown up in my whole life, and a place that
my mom always spits on the ground outside of because
as far as she understands, they're the one that murdered Billy.
We're searching for the police files from Billy's shooting. Well,
(05:00):
what do we want to find out? I would like
to hear if they still have records from two and
where they would be and how one could get them released. Um, yeah,
that's good. Yeah, I'm with you. All right, let's go,
let's go. Thank you. The station is bustling with uniformed police.
(05:21):
A small area near the front is filled with people waiting.
A pretty French girl is filing a report about her
stolen bite. We walk up to an information desk staffed
by a smiling cop. I'm good, I'm looking into an
incident that happened in Third Avenue, which is definitely The
(05:42):
cop looks young, like real young. But I'm wondering, do
you guys have records going back that far incident reports
and things. It would probably have to go through one
police plaza because the only record said, we have access
to was everything that's computerized and yeah, a phone number, yeah,
(06:03):
as he writes down the number, and older cops saunterers
over just the heads of folks. Nothing is recording right now.
I'm recording right now, So I'm so sorry. Oh well,
(06:24):
if you want to get information out of the police
on recording, go for the young one who blushes when
you stick a microphone in his face. He looked like
if you put a police uniform on a toddler. He
looked like a toddler was going trick or treating. As
they were actually much nicer than I expected, or much
more willing to help. I think that has to do
(06:46):
with the fact that they don't know what we're doing.
You have reached the New York City Police Department. We
call one Police Plaza, the headquarters of the n y
p D, and ask them where we can find police
records from a while ago, from eight three on. We
(07:09):
have everything on our computer, and then everything prior is
on microfilm. Oh it is, so you could still request it. Yes,
we just have to go up and get the archives. Martha,
how can I help you there? I'm calling regarding a
foil request that I've said so we filed something called
a FOIL request, which stands for Freedom of information law.
(07:33):
It's a way for members of the public to access
New York State government records. Hold on. The problem was
my mom didn't remember the exact date of the shooting,
so we gave the n y p D a week
long range. The first week of June, the NYPD sent
(07:58):
a letter back saying that they needed more information or
they would close the request. I was speaking to help you.
Principal Ellis was the person in the records department assigned
to our request. Yes, it's a it's a very busy day, sir. Okay, Well,
I received a letter in the mail that said I
needed to provide additional information about the request in order
(08:20):
for it to go forward, and if I didn't provide
additional information then it would be closed. Yes, okay, hold on,
let me let me see if I can pull up
the file. Hold on, please, now, let's see. Yes, we
need the exact date of occurrence and the complaint number.
(08:42):
So I don't know either of those things, which is
why I'm calling. Okay. If that's the case, you know,
you know we can't help you. I talked to somebody
else in your office last week who said otherwise. Yeah,
but but sir, sir, yes, uh yeah, but I mean really,
(09:04):
I know the exact location for twenty years. I know
what I'm talking about. Okay, No, I believe you. I'm
just wondering if there's any way that we can work
together to actually search this out because I don't know
the exact date. I know arrange. Oh well, look, I
know they're not going to be they well, they are
(09:26):
not going to be happy about this upstairs and clearly
records searching because they did not like the idea and
they go through tons and tons on microphone for nothing,
which is why I asked for a specific date. Who
I can do with in the meantime, I'll do this
in pieces. I'll just take the time pard and divided
(09:50):
in the half. If I do find something, okay, I'll
go for it. If not, and they'll go go to
the second half of that time period. That Thank you
so much. I wish I had better in information for you,
but I want to work with you is as much
as possible on this, Okay. But I'm not planeting any miracle,
of course, I mean will definitely you know, Okay, Thank
(10:14):
you so much. Well, we'll see all right, good day, sir.
All right, Um, I need to grab some food and
then I wanna Then just a week later, are you
fucking kidding me? I just got an email that said
the FOIL request for the police report was closed, saying,
(10:38):
in regard to the documents which you requested, I must
deny access to these records on the basis of public
Officers Law section blah blah, and that such records consist
of police officers personnel records and are therefore exempt from
disclosure under the provisions of civil rights law section blah
blah blah. You know, sometimes they close these things because
they didn't find them. They clearly found something. Yeah, they're
(11:01):
telling us that they found and they're not going to
give it to us. Leakal Bureau Principle Ellis speaking to
help you. So we called Principal Ellis to see if
he could clarify the reason our request had been denied.
I got an email this morning saying that it was closed, okay,
and it says that it was closed because the records
(11:26):
consist of police officers personnel records. It's related to personnel
records of a police officer. That's usually exemption to a
foil request. But what does a personnel record? What does
that mean? And what it supposed to me that the
employment record the implotment history of an officer. M. Yeah,
(11:47):
I guess I'm just a little confused, only because I
was I was asking for the incident report and not
personnel records. Well, that would be considered part of it.
But sir, you do have do have an opportunity to
file an appeal. You do have that, Okay. I really
appreciate as well. You you're putting the request in up
(12:08):
there to them to search for it. Um, thank you
for doing that, all right? Can I just asked before
I go, is there any other information that you can
tell me about this that doesn't involve going into whatever
is denied? Um? Let me see okay, Um, well, let
me see the original data. The instant was June. Well,
(12:33):
it happened late at night June third, two the Heightsman
incidents here eleven pm June two. Billy was shot around
eleven pm on June three. It was a police involved shooting.
(12:54):
And also there's another reason why you may not be
able to get access in particular record, because the officer
was working undercover. There was definitely a police officer involved,
and the police officer was working undercover, and for obvious reasons,
we have to we have to block any information regarding
(13:15):
the identity of the officer. So that's another rope block
right there. So I'm declaring to know. I'm just going
you know why it this was denied and that was
all Principle Ellis would tell us, it's out of our
hands at this point. You have to make a case
that you know, for for getting access to those documents. Okay,
(13:38):
all right, all right, thank you so much, Principle Ellis,
all right, goodbye. There was no way that we weren't
going to appeal, so we reached out to our legal muscle. Hey, Ron,
it's Ron Koby. I I your name came up on
(14:01):
my Phonemafalaffele is here. Okay, So you got an email
from the FOYL people Austin. Do you want to read
him that. We explain to Ron that our request had
been denied because somewhere in the files where police officers
personnel records experience with this type of stuff. Fortunately do
(14:22):
Ron said he dealt with this before. Generally speaking, civil
rights Law fifty A protects the personnel records of members
of the uniform services and others. That is to say,
I can't get the cops file. I can't see when
he took vacation days, or whether she tested HIV positive,
(14:45):
or whether he's But in this case, he said, the
NYPD seemed to be interpreting the term personnel records in
a broadway. This now reads. The way this reads is
anything that has to do with police officer is like, oh,
here's camera footage of a police officer beating a demonstrator
(15:09):
over the head. Nope, sorry, personnel. Yeah, so so this
makes zero sense. So so anyway, okay, just just just
send me all that ship and I'll try to get
something out in the next few days. I won't send
it out until you you look it over. Oh wait,
what do you mean you get something back to the
(15:30):
end way, I didn't intend. What caused work is to
submit a fresh foil. Um. My office will do that.
We're requesting the records and we'll add a little more detail,
like there's there's specific categories of documents that you would
not know about. Is a lay person, thank you, thank you?
(15:56):
They left out Holmas? How did you leave out hommasi?
By so Ron Koby is in our corner and he
is dope. Ron Coobi is the man, Ron the saint
that he is submitted a new foil request to the
(16:18):
NYPD on our behalf. It's three pages long on his stationary,
and it says that it is going to be submitted
online and hand delivered to the record center. And then
he has a list of thirteen separate, very specific forms.
Oh it's an epic, sprawling request. It's because he knows
(16:42):
what the police paperwork looks like. You know, we don't.
We're like, we want a piece of paper to say
what happened. And he's like, well, okay, so I need this, this, this,
and this. So for the police files, all we could
do was cross our finger and wait, Herry Austin, Hey,
(17:02):
I know it's round Koby. I spoke with the detective
assigned to the foil request. Really nice guys. Um. He
said that the big issue is trapping down where the
files are physically located, because they're from nine two. But
he said this should be done the next couple of
weeks and we should have whatever we're going to get
by then, all right, take care. So we waited. A
(17:28):
couple of weeks turned into three than four. We tracked
down Amanda and got Billy's death certificate, which said he
died from homicide, and it's said a lot more. That's
after the break. I didn't fully get that. The death
(17:58):
certificate is literally just a list of the facts. It's
just back in the studio with Austin looking over Billie's
death certificate. So could you read it? Uh? I guess,
just read through the whole thing and then we can
talk about it. Certificate of death date filed eight two
(18:19):
June seven, forty five am. Name of deceased William Heightsman,
Sex is male. Approximate ages thirty seven years. Place of
death New York City, Burrow, Manhattan, Cabrini Hospital, where he
was an impatient, month day year, June two oh three am.
(18:45):
So he died on June at two oh three am.
He died in the middle of the night, which is
extra creepy to me, and for some reason my brain
immediately jumps to the other probably six seven eight hours
of that night, during which my mom was sleeping and
(19:06):
didn't know yet he was dead that whole night, and
she was sleeping thinking that she was going to wake
up and fight the case again and woke up and
probably got that call. And she said she got the
call in the morning. Right that morning, the hospital called
(19:29):
and the dude told me to come down to identify
the body, a William Heisman. It was around my mother's birthday,
which is June. I. Further certified from the investigation and
(19:49):
post mortem examination that in my opinion, death occurred on
the date and at the hour stated above, which again
is June two or three am, and resulted from And
then there are six empty boxes. One of them says
natural causes. Then there's accident, suicide, homicide, undetermined circumstances or
(20:14):
pending further investigation. And in our case or in Billy's case,
homicide is checked, which is chilling. My animal instinct was
he got murdered him. But homicide is when somebody causes
the death of another person in any situation. All murders
(20:37):
are homicides, but not all homicides are murders. And so
then it goes on and it says and that the
causes of death were and now this is the really
heavy duty part. Immediate cause. Multiple gunshot wounds of back,
(21:00):
back is the first thing listed. Multiple gunshot wounds of back, chest, liver,
spleen colon and arms with internal hemorrhage, survival twelve days
shot by police homicide. I came into this questioning everything.
(21:31):
I came into this process knowing that the only way
to actually do a fair and balanced assessment of the
situation was to question everything. So the assertion that he
was killed by the police was also a question mark
for me, because a rumor on the street doesn't mean
shipped to me. I want evidence. So now we have paper,
(21:55):
and the first place that piece of paper says that
he was shot was in the back. If Billy was
shot in the back, it at least opens the door
for serious questions about whether or not the police officer
who shot him shot Billy and self defense. It makes
(22:19):
me take the stories more seriously that we've heard from
my mom about what she says. Billy says in the hospital,
he told me he walked to the back of his
store to make a phone call. He says, du broke
down the front door, and it came and shooting and
shot him cold blood, starting in the back five times.
(22:43):
And the question was did you have a gun? No?
And that's all that you need to know. I now
believe that more we know for sure that William Heightsman
(23:07):
Billy Balls was killed by the police. It was in
this month of this year at this location, and he
died in this hospital and then was processed by this
medical Examiner's office. So all of the circumstances have now
been corroborated. The only thing we have no idea of
(23:29):
is motivation. Motive, Why now I want the police report
who shot him? Why? What were the circumstances? What's the
story that they give? Hey, Austin, it's Ron Kobe. It's Saturday,
a little after one. I'm pleased to report that Zeno's
(23:52):
paradox has been resolved and the arrow indeed has at
the target, and so amazingly, at eight fifty three out
on a Saturday morning, the NYPD has sent us a
traun if you will, of records, including um all the
(24:13):
crime scene unit stuff including photos and the arrest report
and other what we call d D five's, that is,
statements of the police about the investigation. And there certainly
is enough more than enough here to to put together
a narrative of what happened, whether people choose to accept
that narrative or not. But but there is a story
(24:34):
that the police tell here, uh, and it can be
teased out from the documents. So I'm I'm fording them
to you, and I'm fording them to Io and we'll
talk to take care. Hey man, it's I was just
looking at the police support. That could be from all
the photos are haunting. Second of all, there's something fishy, man.
(24:56):
There's something something's not right that's coming up in two weeks. Sorry.
(25:17):
Crimetown is Zack Stewart Pontier and Mark Smirling. The Ballad
of Billy Balls is hosted by me Io Till It
Right and made in partnership with Caden's thirteen. You can
find me on the internet. Um Io loves you on everything.
Say hello. I love seeing all you guys, And if
you want to know more about my story, pick up
my memoir Darling Days. I love to hear what you
(25:39):
think of it. We also want to hear from you.
We have a voicemail set up for you to call us.
This one is from an anonymous listener. It's highly annoying
that you guys don't go ahead and just at least
let us know what the police records say about the events.
We know you have them and you're just hiding them.
(26:01):
Episode after episode, you're hiding what happens. You know, we
didn't actually have them until we did. If there's something
on your mind, thoughts, feelings, complaints, outbursts of love and joy,
call us and leave us a voicemail at five seven
oh three zero. I'm serious. Just call us right now,
(26:24):
just say whatever. You can also get into our discussion
forum on our website, The Ballad of Billy Balls dot com.
The show is produced by Me, Kevin Sheppard and Ryan Swigert.
Our senior producers Austin Mitchell, Who's Rapidly Becoming My Best Friend?
Editing by Zack Stewart Contier and Mark Smirling. Fact checking
(26:45):
by Jennifer Blackman. This episode was mixed and sound designed
by Sam Bear. Music by Kenny qcach. Our title track
is Dark Allies by Light Asylum. Thank You, Shannon. Archival
research by Brennan Reese. Thanks to Daniella Aria, Rachel Lee Wright,
(27:07):
Emily Weiderman, Green Card Pictures, Alessandro Centauro, Bill Clegg, Ben Davis,
Orn Rosenbaum and the team at Cadence thirteen, and of course,
as always, my Mom, without whom none of this would
be possible.
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