Episode Transcript
Available transcripts are automatically generated. Complete accuracy is not guaranteed.
Speaker 1 (00:00):
Horrible story. Over the weekend in the general vicinity of
one hundred and forty fifth in the Center, a little
three year old girl was killed when she found a
handgun under the cushion of a sofa, and apparently an
older sibling took it away from her and then put
(00:22):
it back under the cushion, and then she forgot it again.
And the story of the report is that he was
trying to get away from her again that's when it
went off and killed her. And the owner of the firearm,
fuk Lee, was taken in and then released on his
(00:43):
own recognisance. And this has with no bail, no bond,
And this has a lot of us scratching our heads,
and I think including Douglas County Attorney Don Klein, who
joins us for a few minutes here this morning.
Speaker 2 (00:55):
Don, Good morning, Good morning, Gary, Jim, and Lucy.
Speaker 1 (00:58):
Yes, good to have you on with us. And I'm
trying to imagine why Judge Hendricks decided that he couldn't
be held until both the attorneys could be heard from
or something. You thought he would have been incarcerated or
at least held in custody until Monday, right, Yeah.
Speaker 2 (01:19):
We thought he would be have a normal protocol, the
bond would be set. He was supposed to be in
court at twelve thirty Monday, and I checked with the
corrections and found out he was released on his own
recognisance on Sunday evening without us having any input whatsoever.
And you know, Gary, you've seen sometimes it's on TV
(01:39):
with the bond settings of the first arrayment. We're standing there,
defense counsels standing there, or his own private lawyer, the
judges there. We make our pitch, they make their pitch,
and the judge makes a determination of bond. So this
is not something that that's acceptable as far as I'm concerned.
(02:00):
It shouldn't be something where the judge just decides to
let somebody out of their only coongnisance. We're not asking
to talk to the judge, And the judge said something
to one of the media people about well, we don't
want to talk to the prosecutor ex party. We weren't
asking to. We just wanted them to be coming to
court just like you normally would. And I don't think
(02:21):
the judge should be making that decision without all the information,
because there's more information that we would have presented at
a bond setting that the judge never heard.
Speaker 1 (02:32):
So since this happened in the middle of a weekend,
then the typical procedure would be for the judge your
order of this person held until both sides could be
heard in court, right right?
Speaker 2 (02:45):
I mean that's the police do when they make an
arrest that like a Friday, Saturday or whatever. They do
a probable cause affidavid like to hold this person till
like Monday, a forty eight hour hold and the problem
cause affidavit to show, Hey, this is the judge can
look at this is a legitimate arrest. That's not stop
(03:08):
for the purpose. You know, the police aren't trying to
have a bond set on the person. They're just saying,
here's the here's the problem cause, judge for our arrest.
And the judge finds that that's legitimate, and then we
have bond setting go one Monday.
Speaker 1 (03:21):
Okay. Is there anything between now and May sixth that
you can do uh to go to Judge Hendrick san
request that this individual will be be uh held or
is this the final word?
Speaker 2 (03:38):
Well, we're trying to figure out how to do that.
The problem being, since he didn't go to court, we
don't he doesn't have a lawyer yet as far as
we know, I mean at court on Monday, he'd say
I have my own lawyer, or I don't have enough
money to hire a lawyer, and the judge appoint the
public defender. That hasn't happened. So we we you know,
(04:00):
we're not sure how we can contact him or have
him come back into court, but certainly we'd like to
have the bond reviewed and and and but our information
in that we think is appropriate.
Speaker 1 (04:12):
Well, I would think he'd be a flight risk.
Speaker 2 (04:15):
I don't know that's a concern.
Speaker 1 (04:17):
There's a very serious charge. What would be the penalty
if he if he's convicted on these charges done?
Speaker 2 (04:23):
Well, it's the negligent child abuse resiling desk carries twenty
years and the possession of cocaine carries uh two years.
Speaker 1 (04:34):
Okay, so he's signed a half a days that i'll
be I'll be back on on May sixth.
Speaker 2 (04:39):
And that's right. Well, he signed a piece of paper
that just says you're supposed to be in court May
six So what.
Speaker 1 (04:45):
What will you be doing now today to try to
uh to uh get a bond for him.
Speaker 2 (04:51):
Well, I'm trying to figure out a way to have
to set a hearing for a bond review, and then
we'd have to figure out a way to serve him,
uh too, ensure that he shows up for that boundary
view at least, so we'll see if we can get
that done.
Speaker 1 (05:05):
Wow, this is just brutal. I mean, this is oh
good lord, you know, and I kind of feel bad
for her. Brother's just a young boy, you know, he
was trying to get her away, and obviously he shouldn't
have put it back under the cushion. But if I'm
eight years old, I don't know if I would have
known any better either old, he's just hiding it.
Speaker 2 (05:24):
I mean, yeah, right, Well, I mean the allegations are
the ultimate act of irresponsible gun ownership. Leaven a loaded
gunyah without a safety apparently on sitting there where a
three year old and an eight year old have access
to it. It's incredible.
Speaker 3 (05:40):
What earth do these people walk? Yeah, okay, it's everywhere.
This kind of gun safety stuff is in the news
every couple of weeks. What are they thinking? What are
they doing? I mean, is it all about PlayStation and
social media? And you know, you're not even aware of
what's happening in the world around you. Well, he claimed
right down that Well it wasn't when I left it there.
Speaker 2 (06:01):
Well please well that he said, but we know that's not.
Speaker 1 (06:06):
There wasn't a round in the chamber.
Speaker 3 (06:07):
It doesn't matter, you know it just it doesn't matter.
Speaker 1 (06:11):
All right, Well, we'll keep an eye on it, counselor
thank you so much for your time always, thank you
you bet Douglas County Attorney Don Klein here Onfab's Morning News.
Speaker 3 (06:21):
This just gives the anti Second Amendment people the kind
of pardon upon ammunition that they need, because we have
a whole bunch of irresponsible gun owners out there, but
either everybody gets access to them legally or nobody does.
And it's just unfortunate.
Speaker 1 (06:36):
There are a lot of people who are very responsible,
verry who would like to have quick access to a
firearm in the middle of the night, but they won't
because they've got family members around that kind of thing,
and it will only take one day to forget to
put it away.
Speaker 3 (06:54):
Exactly, you know, And unfortunately they can. Now I've seen
I have friends who have bedside gun safes. It's boot boop,
door opens and there's the gun. So there there are
facilities out there if you have to have immediate access
to a firearm that are secure.
Speaker 2 (07:14):
We hope
Horrible story. Over the weekend in the general vicinity of
one hundred and forty fifth in the Center, a little
three year old girl was killed when she found a
handgun under the cushion of a sofa, and apparently an
older sibling took it away from her and then put
(00:22):
it back under the cushion, and then she forgot it again.
And the story of the report is that he was
trying to get away from her again that's when it
went off and killed her. And the owner of the firearm,
fuk Lee, was taken in and then released on his
(00:43):
own recognisance. And this has with no bail, no bond,
And this has a lot of us scratching our heads,
and I think including Douglas County Attorney Don Klein, who
joins us for a few minutes here this morning.
Speaker 2 (00:55):
Don, Good morning, Good morning, Gary, Jim, and Lucy.
Speaker 1 (00:58):
Yes, good to have you on with us. And I'm
trying to imagine why Judge Hendricks decided that he couldn't
be held until both the attorneys could be heard from
or something. You thought he would have been incarcerated or
at least held in custody until Monday, right, Yeah.
Speaker 2 (01:19):
We thought he would be have a normal protocol, the
bond would be set. He was supposed to be in
court at twelve thirty Monday, and I checked with the
corrections and found out he was released on his own
recognisance on Sunday evening without us having any input whatsoever.
And you know, Gary, you've seen sometimes it's on TV
(01:39):
with the bond settings of the first arrayment. We're standing there,
defense counsels standing there, or his own private lawyer, the
judges there. We make our pitch, they make their pitch,
and the judge makes a determination of bond. So this
is not something that that's acceptable as far as I'm concerned.
(02:00):
It shouldn't be something where the judge just decides to
let somebody out of their only coongnisance. We're not asking
to talk to the judge, And the judge said something
to one of the media people about well, we don't
want to talk to the prosecutor ex party. We weren't
asking to. We just wanted them to be coming to
court just like you normally would. And I don't think
(02:21):
the judge should be making that decision without all the information,
because there's more information that we would have presented at
a bond setting that the judge never heard.
Speaker 1 (02:32):
So since this happened in the middle of a weekend,
then the typical procedure would be for the judge your
order of this person held until both sides could be
heard in court, right right?
Speaker 2 (02:45):
I mean that's the police do when they make an
arrest that like a Friday, Saturday or whatever. They do
a probable cause affidavid like to hold this person till
like Monday, a forty eight hour hold and the problem
cause affidavit to show, Hey, this is the judge can
look at this is a legitimate arrest. That's not stop
(03:08):
for the purpose. You know, the police aren't trying to
have a bond set on the person. They're just saying,
here's the here's the problem cause, judge for our arrest.
And the judge finds that that's legitimate, and then we
have bond setting go one Monday.
Speaker 1 (03:21):
Okay. Is there anything between now and May sixth that
you can do uh to go to Judge Hendrick san
request that this individual will be be uh held or
is this the final word?
Speaker 2 (03:38):
Well, we're trying to figure out how to do that.
The problem being, since he didn't go to court, we
don't he doesn't have a lawyer yet as far as
we know, I mean at court on Monday, he'd say
I have my own lawyer, or I don't have enough
money to hire a lawyer, and the judge appoint the
public defender. That hasn't happened. So we we you know,
(04:00):
we're not sure how we can contact him or have
him come back into court, but certainly we'd like to
have the bond reviewed and and and but our information
in that we think is appropriate.
Speaker 1 (04:12):
Well, I would think he'd be a flight risk.
Speaker 2 (04:15):
I don't know that's a concern.
Speaker 1 (04:17):
There's a very serious charge. What would be the penalty
if he if he's convicted on these charges done?
Speaker 2 (04:23):
Well, it's the negligent child abuse resiling desk carries twenty
years and the possession of cocaine carries uh two years.
Speaker 1 (04:34):
Okay, so he's signed a half a days that i'll
be I'll be back on on May sixth.
Speaker 2 (04:39):
And that's right. Well, he signed a piece of paper
that just says you're supposed to be in court May
six So what.
Speaker 1 (04:45):
What will you be doing now today to try to
uh to uh get a bond for him.
Speaker 2 (04:51):
Well, I'm trying to figure out a way to have
to set a hearing for a bond review, and then
we'd have to figure out a way to serve him,
uh too, ensure that he shows up for that boundary
view at least, so we'll see if we can get
that done.
Speaker 1 (05:05):
Wow, this is just brutal. I mean, this is oh
good lord, you know, and I kind of feel bad
for her. Brother's just a young boy, you know, he
was trying to get her away, and obviously he shouldn't
have put it back under the cushion. But if I'm
eight years old, I don't know if I would have
known any better either old, he's just hiding it.
Speaker 2 (05:24):
I mean, yeah, right, Well, I mean the allegations are
the ultimate act of irresponsible gun ownership. Leaven a loaded
gunyah without a safety apparently on sitting there where a
three year old and an eight year old have access
to it. It's incredible.
Speaker 3 (05:40):
What earth do these people walk? Yeah, okay, it's everywhere.
This kind of gun safety stuff is in the news
every couple of weeks. What are they thinking? What are
they doing? I mean, is it all about PlayStation and
social media? And you know, you're not even aware of
what's happening in the world around you. Well, he claimed
right down that Well it wasn't when I left it there.
Speaker 2 (06:01):
Well please well that he said, but we know that's not.
Speaker 1 (06:06):
There wasn't a round in the chamber.
Speaker 3 (06:07):
It doesn't matter, you know it just it doesn't matter.
Speaker 1 (06:11):
All right, Well, we'll keep an eye on it, counselor
thank you so much for your time always, thank you
you bet Douglas County Attorney Don Klein here Onfab's Morning News.
Speaker 3 (06:21):
This just gives the anti Second Amendment people the kind
of pardon upon ammunition that they need, because we have
a whole bunch of irresponsible gun owners out there, but
either everybody gets access to them legally or nobody does.
And it's just unfortunate.
Speaker 1 (06:36):
There are a lot of people who are very responsible,
verry who would like to have quick access to a
firearm in the middle of the night, but they won't
because they've got family members around that kind of thing,
and it will only take one day to forget to
put it away.
Speaker 3 (06:54):
Exactly, you know, And unfortunately they can. Now I've seen
I have friends who have bedside gun safes. It's boot boop,
door opens and there's the gun. So there there are
facilities out there if you have to have immediate access
to a firearm that are secure.
Speaker 2 (07:14):
We hope
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