02x07 - Fighting While High

[bunniefuu]

Me and my sister,
we had a close relationship.

And then, unfortunately,
something happened.

[Joeanne]
Oh, my God!

I'm on the phone with the police.

She's attempting to run me over
with her car.

Then, she reaches for a taser.

I don't own a taser.

I think the whole thing is foolish.

[narrator]
This is Judy Justice.

[theme music playing]

Jessica Gaines is suing her sister,
Joeanne Gaines,

for car damages and harassment.

[bailiff]
Court come to order. All rise.

Have a seat, please.

Hello, Judge. Case number 2003,
Gaines versus Gaines.

-Thank you, Kevin.
-You're welcome.

[Judy] Miss Gaines, you and
the defendant are half-sisters.

-You share the same father.
-Yes.

Have you always
had a relationship with your father?

Yes.

-[Judy] And you, Miss Gaines?
-Yes.

There came a time when
you were living with your dad.

Yes.

From when to when
were you living with your dad?

From October 2018
to December 2021.

And who was living at the same residence?

Uh, it was me, my dad and a roommate,
my dad's roommate.

No children?

Yes, my children stayed there, as well.
I do apologize.

-Okay, well, that's important.
-[Jessica] Sorry.

-[Judy] How many children?
-I have four daughters.

How old are they?

Eleven, ten, four and five.

Were you working?

[Jessica] Yes.

[Judy] From '18 to '21?

I stopped working in November 2019.

And I started back working October '21.

What kind of work do you do?

I work for United Healthcare.
I'm a customer service rep for Optum.

Just so that I get a sense,
'cause this is a family issue.

You clearly had a life before you
moved to your father's house in 2018.

Can you tell me why you
moved into your father's house in 2018?

'Cause where I was living,
the house was smaller

and my dad felt like he wanted me and
my children to be in a safer environment.

So, you had an ongoing,
constant relationship with him.

Yes.

And Miss Gaines, tell me about you.
Did you ever live with your father?

I lived with my father
when I was in the ninth grade.

-But not since you were a child?
-[Joeanne] No.

Did you maintain a relationship with him?

I did. Me and my father do, uh,
mechanic work together

most of the time,
so I'm at his house a lot.

Was that a business that you had together?

Just more so for fun, f-family time.

Um, if he needed help,
I could go and assist him.

I just used that as extra time.

And that was consistent
and up through 2021?

-Yes.
-So, you saw your sister there.

[Joeanne] I...

[Judy] 'Cause she was living there
with her children.

Yes. On occasion, though,
her and her kids would be out more often.

I would just go and visit my dad
when the house was empty

and he needed more company
and help and assistance.

-'Cause he was there alone.
-How old was he?

Uh, he's about 24 years older than me,
so I believe he's like 59 now.

Did you see your sister
at your father's house

in the years that you were living there?

She came to visit, yes.

And they worked together
on mechanical stuff?

I never saw that. Me and my sister,
we had a close relationship.

So, she would come over
and hang out with me all the time.

Okay, good. And then, unfortunately,
something happened.

Do you want to tell me when that was
and what it was?

Um, October, I believe it was the 30th,

me and my sister,
we got into an altercation.

Tell me the beginnings of it because
each of you claim that the other harassed.

You claim your sister assaulted you
and both of you claim some damage

to automobiles
that was caused by the other

during the course of these altercations.

Okay, so, tell me
what happened in October.

So, the Thursday prior to the 30th,
which was a Saturday in October,

my sister was supposed to come to my house
and do my kid's hair.

But that was something that
I had just asked her to do.

Like I said, I stay with my dad.
They were having some issues, so I...

Who was having issues?

My sister and my dad.

Were you having issues with your father
around that time?

I was told I was having issues
with my father at that time

by my sister, Jessica.

Did you discuss it with your father?

I did, and I found out that that was a lie
that Jessica had told him.

Was making up lies to make us, like,
not like each other.

Okay, so there was some bad feeling
about that.

Right. So, um, I was inviting her over
because she was struggling

and I needed my kid's hair done
for picture day. So I...

-She was what? Struggling? Okay.
-[Jessica] Struggling, financially.

So, I offered to pay her
to do my kid's hair.

My dad did inform me that
she wasn't able to come to the house,

that I needed to go to her house.

And I don't really know
what her situation was like over there,

so I let my dad know, like,
I was uncomfortable.

And I also let her know, like,
"Our dad said it was not okay

for you to come over here with us today.
And he needs a..."

Pretty much, he wanted an apology.

-He wanted an apology?
-[Jessica] Yes.

-From her?
-[Jessica] Yes.

[Judy]
Is your father well?

He, um, has diabetes and...

Okay, but there's nothing preventing him
from coming to court?

Okay, well then, you can't tell me
what he told you because that's hearsay.

Did your sister come over to the house
on October 30th?

Yes.

Approximately what time?

I believe 11:30 in the morning.

Had you had a conversation with her that
morning and told her not to come over?

Yes.

[Judy]
Did you tell her why?

-Oh, I can't speak on it 'cause he's not...
-No.

My question is,
did you tell your sister why?

-Yes.
-What did you tell your sister?

That our dad would not want her there.

Is that what she told you?

That is what she told me.

Did you ask her why?

-I did.
-[Judy] What did she tell you?

She told me that my dad
was under the impression

that I was hanging out with...

drug dealers and dangerous people
and that he didn't want me around.

-Did you call your father?
-[Joeanne] I did.

-[Judy] And you had a discussion with him?
-I did.

Were you invited over to the house?

-I called...
-[Judy] That's either a yes or a no.

No.

So now, you have information,
whether accurate or not,

that you weren't welcome in
your father's house, for whatever reason.

Or for the reason
that was articulated to you.

Mm-hmm.

You called your father to confirm that and
your father did, in fact, confirm that.

He confirmed that there was a issue
between Jessica and I

and that we needed to resolve it.
He was not going to get involved with it.

But he did not confirm
that I was denied access to his house.

Well, just for my information,
what did you think the issue was

between you and your sister?

She was lying to my father...

Well, no, your father didn't say that,
that "Your sister's lying to me."

Your father had to have indicated to you

that "These are the things
that I'm being told,

and you have to resolve that
with your sister."

-Yes.
-But your father told you

not to come to the house.

No, he did not tell me
not to come to the house.

Did he suggest you come to the house?

Neither. He neither suggested I come
or not to, he just said that I should...

-[Judy] Resolve it with her.
-Yes.

Okay. And you went over there
that morning?

I stated to her that I would come over
and resolve it right then and there.

You told him?

They were both on the phone.
I called his cell phone...

Did your sister... Then your sister said,
"I'm gonna come over,"

and you knew she was coming?

-Yes, she said...
-[Judy] Okay. Just, that's a yes.

You knew she was coming,
so this wasn't a surprise visit.

You knew she was coming. Now,
tell me what happened when she got there.

So, when she gets there, me and my dad
were standing outside already,

she gets out of her car,
I approach her car,

there's a little back and forth,
and then...

No, no, tell me the back and forth.

And try to keep your voice up.

Sorry. So, when I approach her car,
she jumps out the car,

then she reaches for a taser.

So, then I close her in the door

and, um, once my dad, he...
We were outside together.

He pulls me off the door. She then
takes her car... Um, there's a video.

She's attempting to run me over
with her car.

She did manage to run over my foot.

I then went in the house,

I got a broomstick, like an attachment,
like, the broom wasn't attached,

but I got the broomstick and
I went outside and I started swinging it

at her car, and I damaged
the hood of her car and the window.

[Judy]
And then she left?

No, she, um, stayed at the house.
I went back in the house.

She called the police, and I'm not sure
what happened after she called the police.

Well, did the police arrive?

My dad informed me that we didn't know
what she was telling the police.

That I... You know, when police come,
everybody gets arrested, so...

He said... I had something to do that day,
go get a facial,

an appointment at 1:00.

So, I just went and headed off to that.

-So, you left?
-[Jessica] Yes.

You knew she called the police
and you left?

-Yes.
-[Judy] Leaving your dad to explain

to the police what happened.

My dad didn't talk to the police, neither.

So, they just came?

As far as I know, they just came,
knocked on the door.

When I called to see
if there was a report made,

the police said no report was made.
That was it.

Okay, fine. So, the damage
that was done to your car

-was done with a broomstick handle.
-[Jessica] Yes.

-[Judy] To her car.
-Yes.

-By you.
-[Jessica] Yes.

Now, Miss Gaines, did you have a taser
in your car?

I don't own a taser.

And when you got to the house,
your father was standing with her?

-[Joeanne] No.
-[Judy] Where was he?

He was exiting the house.
She was already...

I... When I pulled up,
she was exiting the house...

But he was outside.

She was already at the sidewalk
when I pulled up.

So, he was at the door.

Why don't you tell me your version
of what happened when you pulled up?

I pulled up. I was recording, um,
the incident on my phone.

I don't have that recording
'cause it was on Instagram.

I didn't want the embarrassment to go on
any longer.

I tried to screen record it,
but it didn't save.

Okay, so you don't have the video.

I don't have that full video. I do have
a short video of her actually attacking

the car with the stick that she came out
of the house with, though.

So I do have that.

[Judy]
I'd like to look at it.

I have the full video.

Okay, I'd like to see hers and thank you
for telling me you have the full video.

-Okay.
-I think the full video

might be more sufficient 'cause I have
bits and pieces of the video.

Kevin, I'm gonna take both.

Would you pull up the video
that you have on your phone?

We're going to go over to my
family member's house right now...

to find out why

we want to fight me.

She has literally did everything
in her possibility...

to make my dad my enemy.

She has moved into his house.

Told him I'm on drugs.

My family has come to the excuse...

that I'm on drugs...

and that's why nobody
has come to see me.

Yeah, do it.

I'm online.

-[man] No! No!
-[phone ringing]

-[yells]
-[Joeanne laughs]

First, Miss Gaines, you do understand
that you damaged your sister's car.

Yes.

[Judy]
Okay, and that you have to pay for that.

Your tires had already been flattened,
how many times?

-Three.
-Do you have a bill for those tires?

Um, when I went to court
when she was suing me for her car,

I just took the receipts as proof.

And when the judge took it,
I never got it back.

No-no-no-no-no-no.

[theme music playing]

[narrator] Jessica Gaines
claims her sister, Joeanne Gaines,

vandalized her car and harassed her.

Joeanne is counter-suing for an as*ault

and filing a false restraining order
against her.

Okay, Miss Gaines, you do understand
that you damaged your sister's car.

-[Jessica] Yes.
-Okay, and that you have to pay for that.

She sued me for the damages already.

She sued you? Did she get the damages?

-Yes, she was granted.
-[Judy] Oh. Okay.

Okay, so you sued her already
and you got a judgment.

Yes, for that incident.

[Judy]
For this damage?

But not the damage that would happen
on December the 12th.

-[Judy] Just a second.
-Sorry.

Okay, so we don't have to deal with
this damage.

And subsequent to this damage
that you caused to your sister's car,

you had damage to your car.

-Yes.
-[Judy] And tell me what that was.

So, on three different occasions,
she came to my house

and popped both of my tires
on the driver's side of my car.

Okay, and this was after October 30th?

[Jessica] Yes.

You'd been living at your father's house
for three years

-[Jessica] Yes.
-with your children.

During that three year period of time,
was your car ever damaged?

[Jessica] No.

[Judy]
Did you ever have tires popped on the car?

-No.
-Did you confront your sister

-at any time about the damage to your car?
-No.

According to this, you have a video of her
near your car,

-Yes. Yes.
-[Judy] on one of those occasions.

I'd like to see it.

Before I even look at it, Miss Gaines...

You received a judgment
and were compensated

for the damage to your car
caused by your sister?

-Mm-hmm.
-So, you acknowledge

that you, or someone acting
on your behalf, flattened her tires.

One tire.

Okay, so you say you flattened them
one time.

-[Joeanne] One tire, one time.
-[Judy] And when?

Right before November.

Okay, and what did you
flatten the tires with?

-Uh, a knife. Just one tire.
-So, you slashed...

-She did say "tires," didn't she, Whitney?
-Just one tire.

She said "one tire, one time."

[Judy]
Okay, and that was in November?

Beginning of November.

-Did you pay for that tire?
-[Joeanne] I did not.

And do you have photographs
of the flattened tires?

-Yes.
-[Judy] I'd like to take a look at them.

How many times were they flattened?

My tires were flattened three times.

[Judy]
Tires. How many tires the first time?

Two.

How many tires the second time?

[Jessica]
Sorry, I just want to make sure... Two.

How many tires the third time?

Two.

And you filed a case against your sister
for damage to your car on what date?

This is the court case I filed
for damages for my car.

Where originally, I just filed for...

She. When did she file the case,
I'm sorry, against you

for damages to her car?

December 16th.

And your tires had already been flattened
how many times?

-Three.
-Do you have a bill for those tires?

Uh, yes, well,
I had took the receipt before,

so I don't have the receipt,
but I have the police report.

No, I want to see the receipt.

-[Jessica] I'm sorry.
-I need damages.

You want damages, you have to show me
that you spent money to replace the tires

and how much they cost.

Yeah, I'm sorry, um, when I went to court
when she was suing me for her car,

I just took the receipts as proof.

And when the judge took it,
I never got it back.

Did you counter-sue her for the tires?

-No. No.
-When she sued you?

Well, why would the judge
take your receipts for the tire?

'Cause, um, he took all of our evidence
at the end of the case.

No-no-no-no-no-no. The only reason
a court would take your evidence

is if you had a counter-claim
for your damage.

I'm new to the court thing,
so I didn't know to counter-sue,

so when I had to file paperwork,
so when I went to court on our court date,

I was just letting the judge know, like,
"Look, she did these damages to me."

I didn't file a counter-suit claim,
I didn't know I had to do that.

The judge looked at it
and didn't return that to you?

He said, um, any evidence that we
wanted to be taken into consideration

to leave it with him.
And I left it with him.

And what kind of tires did you purchase?

Um, I believe they say Bridgestone on 'em.

And what's the name, make and model
of your car?

It's a 2005 Cadillac Escalade.

Can you get me any information about that,
Sarah?

Cost of... Car is 2000 Escalade,
what kind of tires it uses.

Okay, so, the harassment
that you're talking about by your sister,

because that's the other part
of your claim.

The vandalism is one,
which Sarah is looking up now.

The damages for harassment were
the tires being slashed, is that right?

-A part of it, yes.
-Well, what's the other part?

Well, when I filed for
the restraining order, the judge said

it sounded like a family matter,
so I didn't...

-So, the judge... The court dismissed it?
-Yes.

So, on December 24th,
which was Christmas Eve,

I woke up and my tires were popped again.

So, I then asked my dad,

"Is it okay if I record you
reaching out to my sister,

asking her to leave me alone,
so that if I do go to court again,

I have some evidence?"

'Cause again,
my dad didn't come to court back then.

And, um, he was like,
"I don't think I can do that

because then she'll start messing with me,

and I can't afford to be
down in the mornings."

[Judy] Okay.

[Jessica] And then, I was just like,
okay, well, at that point,

I didn't feel safe there no more

'cause she had already
called Children's Services on me,

and then, every two weeks,
my tires were being popped.

-I really couldn't afford it.
-[Judy] Okay. Okay, I got it.

Do you recall how much you spent
for each tire?

Each tire was $120.

So, you spent a little over $700.

Yes.

Okay.

That... That's about right,
from what I'm seeing.

Okay. So, Miss Gaines, let me tell you
how I'm going to rule

on her request for damages
for her car.

But I believe that some things make sense
and some things don't.

And if somebody has an M.O.
of slashing tires

as their reaction to having
their car damaged,

and if you acknowledge doing it,
and doing it one time,

it is not a giant leap for my imagination
that you caused the same damage

to all six of her tires.
I don't find that a giant leap.

I think the whole thing is foolish
and I actually don't see the basis

for coming out with a broomstick
except that you were angry

and lashing out at her car.

You could've stayed in your house
and called the police.

There was no reason
for you to come out of the house at all

except to confront your sister.

You had an application for
a restraining order against your sister?

This is correct.

-[Judy] And you had a trial on that?
-This is correct.

And you were granted a restraining order?

-[Joeanne] Yes.
-[Judy] For how long?

-Uh, six months.
-And that expired?

Uh, it hasn't expired yet.
This was a incident

that was caused by her
coming to my house after court.

-Okay. Okay.
-[Joeanne] And causing more damage.

So, I think that she had the right to
file for a restraining order against you

because part of your action
is filing false restraining order.

Part of your case was
for vandalism to your car,

but that was already done
in another court.

That was part of the first case.
We've been going since October.

[Judy]
Yeah. Okay.

How did she ask you
to jump out of the vehicle?

She stated, "Hop out."
I said, "Okay, I guess we're hopping out."

Well, that was sort of silly.
If somebody said to you, "Hop out,"

I would stay in the car.

I'm trying to talk to my dad.

Well, you talk to your dad later
when things are calmed down

and you're not high on weed.

[exhales]

[theme music playing]

[narrator] Jessica Gaines
accuses her sister, Joeanne Gaines,

of slashing her tires.

Joeanne claims

she needed to file a restraining order
against Jessica.

Okay, let's get to the as*ault part
of your claim,

that I would like to hear first.

I watched the video,

and I have to tell you, Miss Gaines,
that, in my judgment,

what you took a big whiff of was a blunt.

Is that what they call that?

It is.

Okay. And that's what was in the video
and that's while

you were on your way over there,
very, very angry

and driving a car and lost in
a sea of smoke. You understand?

And I think that that's both foolish,
bad judgment, dangerous

and dangerous to drive a car that way.

I agree, I'm sorry.

And shows an absolute lack of judgment.

So, I would think about that
kind of behavior again, if I were you.

You want to tell me when
and under what circumstances

your sister assaulted you
and where you were hospitalized

or treated medically?

When I pulled up to the house, she had
asked me to jump out of the vehicle.

I was...

How did she ask you
to jump out of the vehicle?

She was standing on the sidewalk.

I was putting the car in park

and she asked...
She stated, uh, "Hop out," uh,

and, um, I said, "Okay,
I guess we're hopping out"...

Well, that was sort of silly.
If somebody said to you, "Hop out,"

I would stay in the car.

I'm trying to talk to my dad. I have a...

Okay, well, you talk to your dad later
when things are calmed down

and you're not high on weed.

I understand that you... [exhales]

You got the damages for your car
by way of a judgment.

I've awarded you for the tires $726,

$726 for the tires.

That's the judgment of the court.

We're finished. Thank you very much.

[bailiff]
This court is adjourned.

I only slashed her tires one time,
one tire, like I stated.

-It was fair.
-There's no receipts that were presented,

so they were never damaged.

We got it, you know,
we got the proof, so...

She stated that I ran her over
by the car,

but she was walking back into her house.

How are you walking if your foot
got ran over by a car?

It's embarrassing.

Jealousy, maybe. I don't feel that way.
This is my younger sister.

I love my younger sister. I don't...
Wish that this wasn't even going on.

I really hope we have a better
relationship going forward.

I hope this is all over and behind us.

Yeah, there's no more family for me,
I guess.

You know, we're siblings.
Siblings go through stuff.

So, my Sarah, the case, to me, you know,
we've seen it before,

siblings fighting, very unfortunate.

-So, I'm gonna ask you a question.
-I'm ready.

Because I know I come from
a separate generation,

-three down from you.
-Okay.

And I've already accepted the fact
that many states in this country

have voted in favor of legislation
which suggests that marijuana

is a legal substance
and decriminalizing it.

-Fine, just like alcohol.
-[Sarah] Yes.

That's what my grandchildren tell me.

[chuckles]

"You drink alcohol,
we do something else."

But am I crazy?
'Cause I watched that video

and to me, that was
the most interesting part of the video.

-And then she took this big cigar thing,
-Mm-hmm.

which I found out what those were called
back in my Family Court days,

and it's interesting that
I could recall it, called a blunt.

Tell me what you think.

Would it be no different

if she took a big bottle of vodka
from the passenger seat

-and took a couple of swigs
-Mm-hmm.

-before she got to her fight?
-Yeah.

Okay, I want your take on that.

Yeah, even as a different generation,
there's responsibilities

and regulations and rules,
the same with alcohol.

So, while it might be legalized,
decriminalized in many states,

you still have to follow the rules
and act responsibly.

I think there are different
physiological affects...

Would you... Would you say that there
was any jurisdiction in this country

where you could smoke marijuana
while you were driving?

I think it's still considered
under the influence,

which is just as bad
as driving under the influence of alcohol.

So, I think it impairs your judgment
all the same

and showing up to a fight high,
I think, is equivalent

to showing up drunk and...

-Even if you were going to a party.
-Yeah. You're behind the wheel

of tons of weight and something
that could be used as a deadly weapon.

-So, you gotta be as sharp as you can.
-Yeah.

Yeah. Just from this interaction,
you're absolutely right, legally.

But I'm not getting the outrage...

No, I... Outrageous! I think it is.
-[Judy] Okay.

I think driving under the influence
of marijuana, alcohol, outrageous.

Yeah. Okay, well,
I'm glad you feel that way.

[narrator]
Are you a victim of an as*ault?



[theme music playing]