02x127 - Next Level Road Rage

[bunniefuu]

DISPATCHER: 911, what's your emergency?

DEFENDANT: He's sh**ting at us!

DISPATCHER: The vehicle was sh**ting

You had road rage,
and sh**ting your g*n at her.

Nope.

I've been on this earth a very long time.

You are an ordinary guy
with a bad temper.

No, don't look at her.

[announcer] This is Judy Justice.

Brian Parkinson is suing his neighbor
Shelly Burke

for a false claim leading to his arrest.

[Bailiff]
Court will come to order. All rise.

Be seated, please.

-Hello, Judge.
-How are you, Kevin?

Case 2201, Parkinson v. Burke.

-[Judy] Thank you.
-[Kevin] You're welcome.

Mr. Parkinson,
you are suing the defendant,

alleging that she caused you
to be falsely arrested.

-That is correct.
-The defendant has a counterclaim.

Her counterclaim is,
based upon the same incident

for which you were arrested,

she's claiming that you placed
both herself and her passenger in her car

in fear because you displayed
erratic behavior

and threatened them with a g*n.

And I gather that you
two live in a gated community.

Is that correct? Where is that?

-Arkansas.
-[Judy] How long have you lived there?

-Eight years.
-[Judy] And you?

-Twenty-six years.
-This incident occurred on what date, sir?

June 7th.

-Of last year?
-Yes.

[Judy] You were driving
what kind of car, Mr. Parkinson?

A gray Toyota Tundra.

Sarah, I think I know
what that looks like.

Could you bring that up for me
so that I can see a Toyota Tundra?

That doesn't sound like a little car.
That sounds like a big car.

It's a truck.

[Judy]
Big.

-And what kind of car were you driving?
-A Toyota Camry.

That I know what it looks like.
It's a regular-sized, smallish car.

This incident happened,
according to the complaint,

about four o'clock in the afternoon.

That's correct.

[Judy] I'm gonna start with you,
Mr. Parkinson,

since it's your claim for false arrest.

Yes.

[Judy] So I want you to tell me your
version of what happened on June 7th,

about four o'clock in the afternoon.

-I assume you were on your way home.
-Yes, ma'am, I was.

-[Judy] Go ahead.
-Miss Burke pulled out of the station

in front of my vehicle
directly in front of me,

causing me to hit my brakes
extremely hard.

[Judy] Okay, either because
she wasn't paying attention, right?

-Could be.
-[Judy] Could be.

But you wouldn't think...
Just let me stop.

When was the last time
you were psychiatrically hospitalized?

-Never.
-Are you currently taking

any psychotropic medication?

-No, ma'am.
-Were you intoxicated on the 7th of June?

-No, ma'am. No, ma'am.
-[Judy] Four o'clock in the afternoon.

So, Mr. Parkinson,
let me go back a little bit.

This is a non-psychotic,
not drunk person.

So if you're a thinking person,
you know that if she pulled out,

either she wasn't paying attention

because she's not driving the Tundra.

You are. You're driving this,
she's driving this.

So she wouldn't place herself and her son
in harm's way purposely

to pull out in front of your Tundra.

I would hope not.

Well, I would say absolutely not.
I don't even have to guess about that.

She did not put herself purposely
in harm's way.

And so she pulled out in front of you.

You had to put on your brakes hard.

For her safety.

You weren't thinking about her safety.

You're not thinking
about anybody's safety.

It's a reaction.
If somebody pulls out unexpectedly,

you put your brakes on, right?

-[Parkinson] Mmhmm.
-[Judy] Right?

That's not going through your mind,
"for her safety."

It's, "put your brakes on."

I mean, because if you were
thinking about her safety,

then we wouldn't be here today.

So after you put on your brakes to stop...

-Mm-hmm.
-...did anything happen?

Some objects
in the back of my truck dislodged.

Some stuff in the back seat moved.

[Judy]
And these things that got dislodged,

did they get dislodged
from the back cab in the truck,

or from the interior of the truck?

Both in the bed and the interior.

Okay. What got dislodged in the interior?

Some paperwork, some clothing.

-[Judy] Okay, so it fell on the floor?
-Yes.

[Judy]
Okay, and in the back part of the truck?

In the bed of the truck
some tools shifted also.

Didn't fall out of the truck.
They just moved from one place to another.

-That is correct.
-[Judy] What did you do next?

I proceeded to follow Miss Burke
into the village,

because I live in the village.

[Judy]
When you say you followed her in,

describe what you mean,
you followed her in.

She was in front of me,
and I followed her into the village.

Don't play with me, sir.
I read your complaint.

-You were tailing her.
-Yes.

Yes. Well, let's say I was tailing
her closely because you were annoyed.

-Yes.
-[Judy] There we go.

So you understand at this point, sir,

that what you are involved in
is road rage.

You, not her.

She was an accident.
She was negligent.

She wasn't paying attention.
Let's say all of those things.

Not an on purpose,
because that would be stupid

and she has not recently
been psychiatrically hospitalized.

You, on the other hand,
made a purposeful decision

to tail her because you were annoyed
that your tools moved.

That's what happened.

Would that be a fair statement,
Mr. Parkinson?

-Yes, I was annoyed.
-Okay. You were annoyed.

And what followed was an incident
of road rage.

Your husband, you've been in the car
with him when he's had a bit of road rage?

Think about it before you answer me.

Have you been in the car with him
when he has reacted

in a different way from the way
you would have reacted to another car?

-He has very...
-The answer is either "yes" or "no."

Have you been with him in the car
when he has reacted in a way

that you would not have reacted
in a traffic situation?

Yes, ma'am.

I assume that the police
searched the truck.

The police searched me.

Did they search the truck?

I gave the police the authority
to search my truck willingly.

[laughs]

They searched the truck.

[announcer] Brian Parkinson
claims his neighbor, Shelly Burke,

owes for the cost
of being falsely arrested.

Shelly is countersuing Brian
for emotional distress,

saying he threatened her with a g*n.

And when he's reacted that way,
did you ever say anything to him?

It was minimal. I didn't respond to it.

[Judy]
Really? Okay. Good.

When my husband gets involved
in one of those road rage things,

because somebody cuts him off,

I'm all over him like white on rice.

"Are you crazy,
putting me in jeopardy

because you got a bad temper?"

That's what I say to my husband.

She can attest to that.

Me, I once said to a police officer
who pulled him over,

"Give him a ticket!"

"Give him two tickets!"

"Maybe he'll stop."

-Right?
-True.

[Judy] So now you're involved
in a road rage hissy fit,

and you're tailgating her.

How many blocks did you tail her?

Or how many miles did you tail her?

Don't look as if you don't
understand my question.

-No.
-Okay, good.

-Three-quarters of a mile, if that.
-[Judy] Okay.

Well, that's a pretty long way,
three-quarters of a mile.

So you were tailing her
for three-quarters of a mile.

And at some point, did she make a turn
with her car to avoid you tailing her?

-Yes.
-[Judy] Ninety-degree turn?

-Yes.
-[Judy] So tell me,

now you're following her
for three-quarters of a mile.

-And she makes this turn.
-Yes.

Now when she made that sharp turn,
did you follow her?

-No.
-No!

No, no, no. I know you didn't follow her,

because she made that turn
to get away from you.

Do you understand?
I've been on this earth a very long time.

You, Mr. Parkinson,
are an ordinary guy with a bad temper.

So I've played this scene in my head,
both from personal experience

and from watching other jerks like you
in my head a hundred times.

So when she made this turn,

she made the turn to get away from you,
and you said,

"Well, I accomplished my mission.
I jarred her a little bit."

That's if I believe your story. All of it.

And you went home.

Now, I'm to the point where
she makes the turn

and you went home.

-So far, correct?
-That is correct.

Does that look familiar to you,
Mr. Parkinson?

-Yes, it does.
-[Judy] Okay.

So, I would like you to walk over there,
show me where the gas station is

and show me where
you started to follow her.

I'll be more than happy to.

Of course, it says "Shell" right here.
That's where the incident begins.

-[Judy] Right.
-She pulled out in front of me,

causing me to hit my brakes.

-So she caused you to hit your brakes.
-[Brian] Yes.

And then she turned right.
I followed her into the village.

-Everybody gets close...
-No, no, no. Just show me.

"I followed her into the village."
And show me where you proceeded.

And we drove down.
And she turned, I believe, here or here.

-Turned how?
-To the right.

-Okay, and you proceeded to your house?
-Yes.

[Judy]
Okay, now you can step back.

So she turned off to get away
from the maniac who was tailgating her

because she had made a mistake
in pulling out in front of him

at a gas station.

You go home, and what do you do
when you get home?

-I backed my truck in.
-And then what did you do?

I got out of my truck to move
the tools and stuff that had shifted

to the front of the bed
to the back of the bed,

where I can get to them better for work

because I had to slam on the brakes twice.

[chuckles]
Mr. Parkinson,

do you know what doesn't make sense to me?

-Your husband isn't a stupid man, is he?
-No, ma'am.

[Judy]
No. Now, I don't drive a truck,

but I know when I go to the store
and buy two gallons of chicken soup

with matzo ba*ls,

and I go to put them in the car,

I say to myself, "Judy, it's possible
that you're gonna have to stop short."

"That a light's gonna turn red."

So I put the chicken soup

in between the front seat
and the back seat of the car,

and I move the seat so it's stable,

so that if my car stops a little short...

Because even if it stops a little short,

my chicken soup
would be on the floor of the car.

So I make sure that it doesn't move.

It just doesn't make sense to me

why you wouldn't secure
this toolbox any better.

If you stopped short,
those tools are naturally going to move.

Right? The weight of the tools
is naturally going to move... Okay.

So I just am putting
this whole thing in my head.

Do you need a permit
to buy a g*n in Arkansas?

You do not have to have a permit
to carry in Arkansas.

-It is an open-carry state.
-[Judy] You have to make an application.

You have to apply to buy a handgun
or a long r*fle.

-Have you ever done that?
-Yes, I have. Multiple times.

[Judy]
Just a second. So the answer is "yes."

-Yes.
-[Judy] What have you applied to buy?

Numerous g*ns.

-[Judy] Which you still have.
-[Brian] Yes.

I assume that you keep those g*ns
within the proximity of your home.

They are all kept in the house,
Your Honor.

The next thing, according to you,
the police show up at your door.

-That is correct.
-[Judy] They have a conversation with you

-about a report.
-Yes, they did.

[Judy]
That someone has, in your area,

has complained
that there were shots fired by you

out of your truck
during this road rage incident.

That's what the statement says.

[Judy]
That's what the statement says.

And I assume that the police
searched the truck.

The police searched me.

Did they search the truck?

I gave the police the authority
to search my truck willingly.

[laughs]

They searched the truck.

-I told them they could.
-[Judy] Mr. Parkinson,

I know that you think that I'm stupid.

I know that you must think
that I'm stupid.

Did you give the police permission
to search your house?

-The answer is "yes" or "no."
-No.

Of course not, because in your house
they would have found multiple g*ns.

-Correct.
-[Judy] In your house...

Just, that's a "yes" or a "no."

In your house, they would have found
multiple g*ns.

-Yes.
-You keep multiple g*ns in your house,

but don't carry one around for protection
in your truck.

When did they arrest you?

I was arrested on August 2nd.

[Judy]
Okay, and?

I was told to call the village
police department.

I promptly called them,

and they told me
I had a warrant for my arrest.

-[Judy] And?
-I was very shocked.

-And?
-And I was charged with felony as*ault.

And I had to pay $1,080 bond in fees
to get out of jail.

-[Judy] And?
-I was released from jail.

And then on the 17th,
is that correct?

-19th.
-The 19th of August,

I had a court date.

-[Judy] And?
-[Brian] It was nol-prossed

due to the request
of the village police department

for lack of evidence.

Okay, and?

So I'm out that amount of money for bond
for a false arrest

because of a false statement,
and half a day of work.

Okay, we're gonna find out
if it's a false statement.

So far, I'm not thinking
it's a false statement.

I have to let that sink into you,
Mr. Parkinson.

So far, I'm not thinking
it's a false statement.

I'm going to hear the defendant.
I know one thing for certain.

You were involved in a road rage incident,
and you were the perpetrator.

Whether or not you flashed a g*n...

She's gonna tell me.

...we certainly know that you have g*ns.

According to you,
multiple g*ns in your house.

I supposed you have a couple for you
and a couple for your wife.

-Who else lives in your house with you?
-Just the two of us.

Just the two of you?
How many g*ns does he have in the house?

So when I go around this one S curve,
I hear a pop.

And I'm like, "Oh my God,
he just shot at us. Call 911."

When I start coming back down again,
I look in my passenger mirror.

I saw the spark. I saw it.
I will never forget it.

He popped the g*n again.

[announcer] Brian Parkinson
is accusing his neighbor, Shelly Burke,

of lying to the police
and getting him falsely arrested.

Shelly claims Brian was sh**ting his g*n
while following her home.

[Judy]
How many g*ns does he have in the house?

We have two long g*ns
that he uses for hunting,

-and we each have a handgun.
-And you each have a handgun?

-Yes.
-Good.

-They are in travel cases that are locked.
-[Judy] You want to know something?

I don't believe that.

Well, we have grandchildren
that come over...

When there are grandchildren
you may lock them.

Okay, now we're going to you,
Miss Burke.

Did you see him when you cut him off?

-I did not.
-[Judy] Let's start out with the fact

that you were exiting the gas station.

You didn't see him.
You weren't paying attention.

You didn't look that way.
Whatever it was. You cut him off.

-So let's start from there.
-You got it.

This gray truck comes up behind me,

swerving and revving his motor,
and all that.

Got as close as he possibly could.

-Why don't you show me over there.
-I will do that. Okay.

There's two lanes going into the village.
There's a left and a right lane.

I go left, he goes right.

Well, I get in front of him,
and then he starts getting behind me,

swerving his car back and forth,
revving his motor.

He is so close.
He's probably as close to me as he.

I mean, he's not a car length away.
He's right up on my bumper

and revving his truck, revving his truck.

And I'm going the speed limit,
because I turn to make a left.

He's still right on me.
Never lets up.

It's kind of a tricky area,
because it's curvy.

So when I go around this one escarp,
I hear a pop.

And I went, "Oh my God,
he just shot at us."

And I said, "Call 911."

When I start coming back down again,
I look in my passenger mirror.

I saw the spark. I saw it.
I will never forget it.

And he heard it. We heard it.

Even on the phone call,
I think you can possibly hear it.

He popped the g*n again.

And then he's on 911 talking to the lady,
saying, "Be calm, be calm."

I'm leaning down in the car.
He's trying to tell me to go.

He looks like he's going on past us.

But when he does that
he rolls down the window,

and you can see him
holding the g*n in his hand.

And he says something I don't hear.
I can't understand what he's saying.

He's getting the license plate number.
We thought he kept on going.

[Judy]
So your son got the license number.

Yeah, he got the license plate number.
He's on the phone with 911 at this time.

[Judy]
And that's what was given the police?

-[Shelly] Yes, ma'am.
-[Judy] Okay.

-I got the 911 call here with us today.
-[Judy] I would like to hear it.

Step back.

Can I hear the 911 call, please?

[Defendant Burke]
Go, go, go, go.

[Police Dispatch]


[Defendant's son]
Somebody was out sh**ting at us. What?

-[popping]
-There's the pop.

[Defendant's son]
So it's a gray Toyota truck

He was sh**ting at us.

His license plate number is ...

[Police Dispatch] I need all units,
we've got a... vehicle that is sh**t...

the complainant's on 911 saying
the vehicle is sh**ting at them,

and I'm fixin' to run the tags.

Who am I speaking with?

[Defendant's son]
This is ah, Leslie Scott Rogers.

[Police Dispatch] And you said,
what kind of vehicle was it?

[Defendant's son]
It's a grey Toyota Tundra. Go.

[Police Dispatch] It's coming back on a
grey Toyota Tundra

and that's what the complainant says.

It's a 2014 Toyota Tundra.

Okay, start that 911 call all over again.

Pay careful attention, because I thought
at the beginning of this tape,

I too heard a shot.

Can we start again, please?
Take your hand out of your pocket.

[Defendant's son]
Go, go, go, go.

[Police Dispatch]


[Defendant's Son]
Somebody was out sh**ting at us.

-[popping]
-There it is. There it is.

Got it. You can stop it.

That doesn't sound like a g*nsh*t.

[Judy] Mm-hmm.
Your case is dismissed, Mr. Parkinson.

Your case is dismissed.

I have a counterclaim,
so stand where you are.

The counterclaim is by Miss Burke

for the emotional trauma that she...

Let's just talk about her.
...went through as a result

of your road rage
and sh**ting your g*n at her.

Which you did.

You probably didn't sh**t it to hit her
or to hit the car,

because I don't think you're that stupid.

Stupid, yes,
but I don't think that stupid.

I think you did it to frighten her.

Just to frighten her.

Then I think that you brought the g*n
that you keep in your truck

when you work,
maybe on your person,

which you probably have a perfectly
legal right to do,

and you took the g*n, you said,
just in case something happens.

Because I did, in fact,
sh**t my g*n in her direction.

Because I heard it on the 911 call.

Didn't sound like a g*nsh*t to me.

"I better put it in the house."
So you took the g*n.

You brought it into the house,
and then said, "Oh, police are here."

"Oh well. Search my truck."

"You won't find a g*n. Search me."

"You won't find a g*n on me."

"Don't search my house."

And I guarantee you

that you didn't say
to the policemen when they came,

"I do have a g*n,
but it's locked in my house."

Show me something
where you told the police

that you had a g*n
but it was in the house.

Nothing. Because it didn't happen.

Based upon that 911 call,

the fact that you were involved
in a road rage incident with her,

tailing her at least
three-quarters of a mile,

right on her tail,
causing that 911 call,

as far as I'm concerned,
that's trauma.

My heart would have been racing
triple time,

because I don't know whether
behind me is a lunatic,

or just a stupid guy
who can't control his temper

and his wife hasn't been able
to beat it out of him

for the last how many years
you're married.

Because there's no question
he's done that sort of thing before.

Maybe not with a g*n.
Maybe not with a g*n.

When was the last time, sir,
prior to this time,

that you were arrested?

When was the last time
prior to this time

that you were arrested?

-Year?
-Nineteen.

Nineteen you age, or 2019?

-2019.
-[Judy] 2-0-1-9.

For what? No, don't think.

I know that if I were arrested once
a couple of years ago,

I would have remembered what it was.

Well, I was arrested
for supposed harassment,

violation of a no-contact order.

-What else?
-[Judy] No, don't look at her.

It's been so many times,
I can't remember.

So you've been arrested multiple times.

-Yes.
-[Judy] Okay, good. Nice.

-You picked him.
-I understand.

-I don't see how this pertains.
-[Judy] How does it pertain?

Your propensity for violence, sir.

[Brian]
This has nothing to do with violence.

[Judy] No, it does have to do
with her counterclaim.

$5,000 is what your counterclaim is for,
is that correct?

Judgment on the counterclaim for $5,000.

Your claim is dismissed. We're done.

[Kevin]
This court is adjourned.

It was a very bad day.

We do not carry weapons in our vehicles.

I won't even go out at night anymore.
I'm scared he's coming by my house.

She described in the report
a black weapon.

We don't have a black handgun.

The truth is, I saw the g*n.

I think she created the situation
by admitting she didn't see me.

I don't understand
why he would even say that.

People want to drive stupid,
let them, and just back off.

The plaintiff
was certainly not forthcoming.

"I let them search my truck."

-Mm-hmm.
-"I let them search me."

What about your house?
Did you tell them I do have a g*n,

but it wasn't out, it wasn't me,
because I leave my g*ns at...

My two long g*ns and my two short g*ns
at home?

-Yeah.
-You could hear the pop

-in the first part of that...
-911 call.

-...when he was hysterical.
-Mm-hmm.

And, believe me, he wasn't hysterical.

Just because someone's tailing you.

Just because someone's tailing you,
you don't call 911.

You pull into your house
and you lock the door fast.

-Yeah.
-You only do that

if someone's pointing a g*n,
so there's no question.

-There's no question that he did that.
-Yeah.

How dare you
put someone in fear purposely?

-You're just doing it to create a fear...
-Fear.

...in someone, and to do that,
especially to a woman,

driving in front of you
in a small Camry,

says more about him
than it does anything else, I think.

At that moment I'd put him in jail
for five days and say,

-"Yeah, next time, don't do it."
-Mm-hmm. Yeah.

[announcer]
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