Episode 324

Sword and Scale contains adult themes and violence, and is not intended for all audiences. Listener discretion is advised.

We don't have another pace to go for get better.

You appreciate that as a dead girl on your porch.

Right, yeah, I don't have an option either.

Fifteen year old Frankie Archiletta is running as fast as he can. Each step kicks up a cloud of dust as one four Cabresto road shrinks behind him. That's where police were supposed to go, but they missed it, and now Frankie has to find them. His lungs burn, partly from the running, but mostly from panic. Finally he sees the red and blue lights getting closer. Frankie frantically waves his arms, trying to flag them down. The cruiser barely slows to a stop before Frankie jumps in the back seat.

Here this turn Centena nor the gate.

Yeah there's the gates.

Yeah yeah, yeah, fa yeah yeah, just go in. I know, dude, I'll do.

It's July twenty eighth, twenty twenty three, and earlier in the afternoon, multiple calls came into the Questa Police department. A thirteen year old girl has been shot somewhere on Cabresto Road. But his dispatch tried to confirm the details. Everything blurred into confusion, wrong addresses, contradictory witness statements, even someone mentioning that the shooting was a drive by. By the time police and ems arrived, they weren't sure which house was the right one.

She's she said, I think, well, I don't know. She's on the ground somewhere.

They're locked from the down door.

Poorsville foretels.

They've already wasted precious minutes. Meanwhile, Frankie's sister is bleeding out.

They can come by if they want, or they can patrol the area. I have a possible suspect vehicle of a black yukon tinted windows and No.

Twenty eight.

Frankie and the growing squad of quest of police officers run towards the patch of dry dirt near the back porch attached to the house. All the properties off Cabresto Road are rural and sprawling. There are plots of land with blurred borders, spotted with prefab homes and sheds, farming equipment, broken down vehicles, and herds of fenced in farm animals. By now there's a group of police officers huddled around frankie sister her Amber. She's lying face up, her wound

Relax, Relax, I don't know.

You need to back up, sister, You need to back up. You need to back up, she likes, Okay, I'm.

Gonna go ahead.

If Amber dies, the call to his father will be much more difficult for Frankie to make. Their mother just passed away previous year. Frankie can't bear the thought of telling his dad they've lost another family member.

She still was I'm feeling like she's Where is that at?

I don't think you guys dispatch the residents.

I don't care.

A TV.

Please hurry up and fucking get someone here.

There on the way.

Frankie wasn't the only person who witnessed the shooting. Crouching next to Amber's lifeless body is fourteen year old Keana Gonzalez. You can hear her crying. She's been on the phone with nine to one dispatch, her hands covered in blood, she's sobbing and at some point she got bit by a dog. Her medical needs are obviously not the top priority, but she doesn't care. I remember the girl dying on the ground is key on his girlfriend? Where did this happen?

Right here?

You don't want to war?

And then I don't know what happened.

We do have them to make the murder for red. We did pay quest the fire fire so much for.

Anyone's in the area.

Is anything I can do?

Still, she still has a post study and I'm gonna have to ask you, bro, what you're doing right now is not helping. I'm gonna need to either go sit down over here or just give us a second. Okay, you don't need to be upset. I understand, I understand, But what you're doing right now is I understand. But what you're doing right now is not helping.

Okay.

I'm not trying to be an asshole to you. I'm not trying to be an ashole to I'm trying to help you. But okay, this is what you're doing right now is helping. Please just get go over there with that.

I could do much.

Well, here's the here's the thing, dude. The medics are on the way. All we can all we can try to do is keep pro live about the medics she is. She has a pulse you need. It's pretty good. So can you please just go over there and let us do our job.

Please. It's okay, it's okay. But I understand your upset. I totally get it.

Okay, but the cats for the cast inside, guy, we're gon we're gonna we're gonna need.

You back up. Please please please, guys in here is not gonna help you.

Leave me.

Let us do our job.

Let us let us do our jobs. Travis knows exactly what he's doing. Travis knows exactly what I understand. I understand the closer you are. Yes, so she have a pulse. She has a pulse right now. Yes, right now, has a pulse right now. I just need you, I just need to step back for a second. I understand it's your sister, and understand you lolever. We're gonna do everything we possibly can to help her, Okay, I promise you. I promise you that. Okay, it's okay, it's okay. I

Okay.

Frankie stomps off, deciding it's time to make that dreaded phone call to his dad. Meanwhile, EMS still hasn't arrived, so two of the officers start giving Amber CPR.

So keep your arms creaking as your body light. Don't win yourself out too fast because I'm remember.

See if you can get everybody's information and just start taking statements. I mean, I know it's fresh and everything, but at least identify everybody, please.

Officers begin asking around who owns the house. It isn't Amber's family's property. Within a few minutes, they confirm it belongs to thirty nine year old William Brown, an employee of the Taos County Jail. As far as anyone knows, William is still at work or on his way home. He definitely isn't here yet. His son, fourteen year old poor Furyo Brown, was hanging out with his three friends

I can.

There's no other oh nothing.

While one deputy does CPR, another gently tilted Samber's head from side to side, looking for the bullet entry or exit wounds.

I can't find anything.

All right there in the eye. That's what I'm wondering about right here.

Yeah, I just don't.

Want to push.

Yeah.

Another ten minutes go by, and they take her pulse again.

There's remember almost here. I don't feel anything anymore. I guess you got shot on the road.

No, I think so.

Finally they can see an ambulance pulling up.

About ten minutes now.

It happened at Is that what we heard? Yes, so we're down twenty minutes.

Down twenty minutes. That means it took paramedics about twenty minutes to get there after the nine one one call, but no one knows how long she'd already been lying there before the call. The officers who were working on saving Amber can now leave the task to the paramedics while they gather evidence from the roadway, the spot where the kids said everything happen.

In fact, that bell the gate was closed, makes me think it was out.

They happened over here.

Somewhere. And if they were shooting to.

Help the driver's side smuggling this way, I think possibly live of blood right here, I'm mean sure if.

That the boiler of blood it says she wasn't bleeding into the shots.

There's no way some blood had come on.

Keana is the only one around now. Frankie has run off to talk to his dad on the phone, Porphyrio is missing an action, and none of the parents are on the scene yet. Despite the terrible timing, all of this is about to change. As deputies walk back to the spot where Amber's body is now covered with a sheet, they hear the news go to Coude one.

Okay, so we're gonna shut it, shut.

Down, clear the scene.

Let's get some tape and start taping everything off. Tape everything off, put the unit in the road. I want to block off whatever we can.

At the worst possible moment, Frankie and Amber's grandma pulls up in her red sedan. Their dad is in the front seat.

Do you have the father walking in now.

Uh, he's got carpenter kneepads on a blue T shirt and a baseball cap.

Well, I'm trying to block everything off from right here, so I need you to kind of go.

Back, please, Well.

Just I'm sorry, I'm not hi, sir, I understand, So can you talk to me for just a couple of minutes. The ems just pronounced her to see Stone.

My fucking god, man, that's it.

He's gone.

He's gone.

Connect he's referee.

And just like that, the worst thing imaginable is no longer a possibility. Instead it's reality. It's July twenty eighth, twenty twenty three. In the rural town of Questa, New Mexico. Thirteen year old Amber Archiletta has just been pronounced dead outside of her friend's house. She's been shot in the face. Three other kids were there when it happened. Or brother Frankie, her girlfriend Keana, and her friend Porphyrio. They were all

Porfilio, can you get the dog in the house please? Okay, where can we put the dog in? It won't be biting people, I understand, dude, but we need this. I understand that you're upset and everything, but we have to get the dog off the property. We're gonna have We're gonna have about fifteen police officers here in about fit in about five minutes, and if your dog's.

Not off the property's gonna be a problem.

Dude.

Can you please get the dog in that?

All right? Bro?

They're gonna be walking all through this area and they're gonna be getting bit by your dog over and over again if you don't get it off the property.

William Brown, like we said earlier, works for the Taws County Jail, so he's no stranger to higher keys of authority. But now his property is the subject of an investigation, and somehow he easily slips into the role of someone who's that more run ends with the law. Then moments working alongside them, what happens next isn't going to make him anymore cooperative.

You just said, come here to me, now, yeah, your son, well he lost, Yes, he is, by the way.

Just let me talking to him.

They me talking to him, just going hey, come on, wait guys, guys, just let me talk to him.

We'll let me talk to him.

Will send me. Calm him down, let me help you get him up.

He doesn't have any policy persecutor. You want to stand up, I'm gonna driving another shoe, all right.

You gotta calm down.

Calm down, because you were you were swinging, but you want to go to argument.

If he wasn't even know.

It, he sweah, where are you taking to a unit?

A unit is just a patrol car, to be clear, But William doesn't care. Seeing his boy in handcuffs is all he needs to go into full blown Papa Bear mode. We haven't even seen half of it yet.

For what, that's all Anti's need to take this.

I think it's pretty obviously he's entertaining us.

Well that but what he didn't do.

Nothing he needs.

He's been obtained with us.

That's just that's it.

That's gonna be in the end of it.

Leaving the rook, He's just gonna say.

You guys can't bring him to the house, the unit to hell.

Because it's a crimson. I can't. I can't met anyone in it.

So that's the other thing.

How long is this gonna take?

As long as it takes. I can't give you answer, because.

What are you How long is this gonna take?

Because you know we've been taken.

Hold on to you, okay, we don't have another pace to go for get better.

I mean you appreciate it as a dead girl on your porch rape?

Yeah, I don't have an option either.

As they walk back towards the house, William starts to yell at Portfario not to talk to cops. Interesting timing. He also yells at the officer escorting him, telling him not to talk to his son. Never mind that he hasn't been mirandized yet. Big Daddy William Brown is on the case, acting like Portfarrio's stand in attorney. If the attorney was saw a goodman, that is, and he started running, he wasn't in the run.

He started running.

There's't no footing argument on the try and load up and swing on it.

If that wasn't visiting, nor about really a little kid.

Yeah right kid?

Hey, you he sucks man, and I don't not start up with him. Stop you stop stop. I'm not well he.

Doesn't.

But what you said, you have a dead girl, and you need to be like you.

I do. I've been trying to cooperate with a cross.

Well they're taking him.

He said, I could walk with you.

Guys. They need to calm down.

I want to put you.

I wasn't even talking to that.

I just told him to leave so he didn't aggrevate you anymore.

But you can't keep doing this because then I'll put you in cuffs, and I don't want to do that.

He's nothing wrong.

Well let's walk over there, because they're still talking to it.

Doesn't enp once they get Portfarrio in the back of the squad car and away from the adults. The state police, who have been on the scene for a while, have to explain everything to William and his girlfriend Ashley, well as much as they can.

That is, would you be h kid who gives a statement, I wasn't even going okay, so you just got here just now? Or did you just get here after? Yeah?

I was at work when he when my son called me about it happened.

Did you sell, sell you anything anything like that.

He just said that there was a girl that was shot and he didn't.

Know what to do.

Did he say who shot the girl?

You can't actually, you can't go there. Did he say who shot the girl? He said a black as TV.

Black AV Yeah, that's all he said.

I well, he referred to it as he said it was a black a CV, he's all he said.

We told weas I don't know. Was it a Yukon?

I can't remember, because we resorted to as another girl's car delight us and then that her family drives that car. But it wasn't that people, It's just the way, because that's what he told me.

He said.

It was a part of it. Looked like Delilah's And did it look like Delilah's.

Yeah, loose, that's another girl that livesn't tell she has nothing kind of it, But it's what still. I just cart her moms.

Awin.

But did she see who shot him or no?

He never said.

He just told me, didn't tell you who it was. And I he told me that that happened. I was at work and I just left and then everything else was done with plus the pedire, So there was nothing else that he told me other than you know, we we've been.

Coopering the whole time.

Town now appreciate it because this guy asked us to take off his pants and stuff, and she put him in a bag down on the counter for you, and he was basically watching to the window.

Yeah, he's actually insinuating that one of the officers was creeping through the window enjoying the view of Portfurio, removing his bloody pants and putting them in an evidence back. Also, ain't it weird that the guy who keeps asking the same questions over and over again, just like his son, by the way, questions which have been answered, mind you, what's content with his son? Only giving him vague details about the dead girl on his property.

Weird, right, smister Brown, this is who I am, Major Faul Crumb and then was New Mexico State Police.

I'm in the case agent for this case. Okay.

I know you said that your son had already spoken to a lawyer, so then we'll get a hold of him and see what he wants to do. All I can tell you is that this is all brand new to us. We just showed up. I understand your frustrations, but let us do our jobs. I can promise you. All I'm here for is.

The truth and what's going to him.

So right, right this second, he's just being detained. I'm going to get a hold of mister Gower obviously because of pre preliminary information. Preliminary information that we've received has given us the right to detain him for right now.

I can't. I can't.

There's a lot of there's a lot of stuff that I can't tell you. I'll tell you as.

Much as I can.

I'll be as straight up with you as I can, but there's just information that I don't share, and that just just to protect the integrity of the investigation. I'm the case agent. The buck stops with me. Okay, So if you have any questions, by all means, call me. But right now, we just have a lot, a lot of other stuff to do. That's all preliminary, so we don't have a lot of information either, but the initial stuff that we do have gives us the right to detain your son.

William has already noticed something strange. Now his son Portfyrio seems to be the odd one out in his group of friends and one of.

The other ones going to be picked up.

As soon as I get as soon as I get to that point. Bottom line, I can't give you a time frame. Do you know where they're at?

They had them leave.

I have no idea, Carol, Actually, don't.

Say anything to nobody, So I'm not saying anything to anybody, the attorneys.

I just want to.

Explain something to them.

Okay, I'm just.

You, but you don't speak until the attorney speaks.

You're going to ask for any questions.

I'm just telling you this is mister Brown. I understand your frustration, but let us work.

Well.

Yeah, I'm not saying and.

I appreciate that, but that's that's where we're at.

Okay.

If this family of Karen's is so insufferable with a dead girl on their porch. Can you imagine what the local Walmart supervisor has had to put up with over the years. Everything happened so fast, just like the shooting. But before police gave William this vague explanation, they had already spoken to Frankie and Keana. While the kids waited to give their official statements, one officer happened to be standing near a car. The door was open. Keanu was talking to her mom, and what she said to her

I'm sitting in his kitchen.

This one music, I mean fun, and that's when you start learning what it starts pointing it and the reaction to Vic has the reaction to her, You're gonna go like, try to.

Move their heads and ship and she did that and the rest her I look, I see a little lunch that TI gay attach and.

Fucking dumb ass operators being so stupid. Of course I'll be fucking freaking out.

And again, shut the fuck up, shut up, just fucking.

Listen the hardest you can.

I don't know what's about to tell you. And she tries to tell me, do you have any form of idea?

I'm fucking fourteen.

If I tell you, I'm I was.

Born in two thousand and nine, So fuck does that?

Hello, This dumb bitch's friend just murdered someone, but she's mad at nine one one instead. Yeah, there's a lot of that going around anyway. In the beginning of this clip, if you listen real close, you can hear what she told her mom. She said, everything was perfectly fine. We were all sitting in his kitchen listening to music. And that's when he pulls out the gun and starts pointing it.

Okay, so go ahead and tell me.

What exactly what happened from from the moment before she was shot.

Okay, what were you guys doing before she was shot?

She went having a goal time and she just like went to the backyard and like we're done nice in pace, go to.

Shit, And we ended up going to the and he ended up.

Going back into his house and then next thing you know, he pulls out I think it's a revolver. The one that has like a spinning barrel.

Okay, he pulls out of it. It was a handgun.

Yeah, he pulls that up.

So just to just to get it straight. You guys are you guys are in the back of the house, right, you can hang out playing.

The first we were perfectly fine, just chilling, nothing wrong.

And we ended up going inside.

And then that that's the one he pulls out that good and I was like, dog, don't even be doing that because I could be loaded.

He was also, And then he ends up pointing it at her and she went.

And she went to go like like take.

It away from her face.

Right, all of a sudden, you just hear a boom.

I look and I see her poots in the cross.

So he shot her in the face with the handgun.

Where where were you guys when he shot her with the handgun?

Oh?

I think the kitchen.

You guys were inside the house when it happened.

Yeah, were they joking around?

Was he mad at her? What was the I don't know everything.

She was perfectly fine. Everybody was joking, laughing, and he pulls it out. I don't even know where he got it from. And then he he he goes he goes like, cause like how it was because there's a table against the wall, and like I was standing against the window and she was next standing right there in the middle, and he points at her, and so she like went to go move it, and.

That's when you just hear the loud bang and a little bit of a light and then.

She drops and next thing you know, she just starts to glean. But next thing you know, when she does fall, should we all look? And then that's wants to freak out, and he's like, let's.

Take her to the bat and Frankie's.

All, we'll call on one.

And I was like panicking. So it took me a minute to get my phone out of my pocket and just to dial in general okay, And then finally.

We were able or well he was able to get.

Her out, and then me and Frankie were standing out there with her, well four point somewhere, I don't know where.

You just go back into the house, yeah, I think so, I'm not sure.

Guys, guys, guys, before you get outraged, remember it's the gun's fault. The inanimate object murdered this girl, not the ignorant brown kid growing up in gangst the culture with the approval of his ignorant, brown gun owning parents, who weren't even home at the time. Remember to assign your blame in a proper woke fashion. Everyone good, Now that all the idiots have left and stopped listening, let's continue.

Hey, what's going on?

Can you do me a favorite? Cancel that bolo for that black of cud.

Yeah, we kind of already did. Okay, perfect, Okay, any other updates or nothing?

So for right now, three polices on scene. These guys, you're out here there, crime scene guys, you're out here. So it looks like she'll probably end up taking this one over from us.

Huh.

But we do have possible stufffecting custody and we're going to be turning him over to six weeks. And so yeah, I don't think we have anybody any other suspects help standy.

It isn't until much later, during a follow up interview that Keana explains why she didn't tell the truth from the beginning.

So there was there was a story of a vehicle driving by.

Oh yeah, he he made that story up whenever he shot her and took her outside, when.

What did he tell you about that?

He'm trying to make up the story that the drive by happened like right like next that dumpster in front of his like on the road chase had drive by happened right there, and that her brother went to his house freaking out about it and then up dragging her over there.

But m but that's not even close.

Okay, So was he telling you guys to say that? I think he wanted us soon He was just saying that version.

Yeah, I think he was.

Okay, do you know who he was on the phone?

Left?

By chance?

It might have been one of his parents.

I'm not sure though, So so he made sure that you heard him talking on the phone when he when.

He gave that yeah, because he walked around me and her when I was still next to her on the floor, and he ended up saying, like I heard him on the phone, was it was a drive by? All of a sudden some car passed by and the shot her.

Did he ever ask you to move for him?

He did ask us to help him pick her up when no one else helped.

Because that's that's fupped up and where what did he want to do?

I don't know if he wanted to take her side and like hide the whole fact that he shuddered.

Well, I mean, if it's talking about it, drive back, that makes.

Sense because later on, like he didn't like when he was on the phone with his daddy, even told him that he didn't shoot her.

Assigning blame to a random third party. Weird, that's not at all what criminals do. I guess that would be a good time to play the beginning of that nine to one one call for you.

What's the location of your emergency?

What the game?

Hello?

Oh, my shot, give me the acca, give me the address.

But what's that?

Why they're yelling and I can't understand then what happened?

My god, my god?

Shot your girlfriend?

Yes?

Where does she get shot?

Okay?

Okay, what's your what's your name?

My name is?

Okay?

Remember?

Is she alert?

Is your girlfriend alert?

Oh?

She's looking on gorgeous right now?

Worry?

Okay, we're gonna get somebody out there right now. Stand the line with me. Don't don't hang up. We're getting somebody out there, but don't hang up on me. Okay, come on, just keep her comfortable. Okay, Oh, I.

Think I don't know if she.

Sir? Yeah, is she still unconscious? Sir? Is the person that shot her still there?

Yeah?

Wait, no, they drove by.

It was a dry by you. No.

I wasn't even really around, l I was opening the bill.

Okay, do you have an idea of what kind of vehicle? Baby? So?

Okay, I'm not sure.

I'm not sure.

Yeah, let me ask you something, And I want you to rub those two brain cells together real hard and see if you can come up with an answer. If you had just watched someone murder someone else, would your first instinct be to cover for them? If so, kindly, fuck off and unsubscribed. Now, now let's hear what Frankie says when he's confronted with these inconsistencies.

But what time to tell you guys about the taking order of the road.

That's when Hue like, that's when she was actually outside outside.

That's when she was already outside. Yeah, and you guys had had called nine one one.

Yet, I think we'll like right when he like kind of like drugged her out to like the final squat, he kept saying he said that, and I was like no, And then I called in.

Okay, bit, but you and Keana and poor fall three talked about a vehicle driving by, about Amber being shot from a vehicle that drove by.

I don't I don't know about DJ, but I don't remember in me singing a vehicle.

I hope, yeah he did. I know he did. So what what did you hear?

Like?

Could he tell you that story?

He kept I kept hearing him saying, like, help me, help me, because that he was going to like his dad was going to like.

And he was on the phone when he was saying help me, or who is he talking to to, like trying to tell us to like help him? Okay, all right? And what did porf do with the gun? That's one thing. I don't know what he did after the fact. Do you know what Russian roulette is?

Okay?

Was he playing that that? You're positive?

Kid's gonna be pretty stupid. As evidenced by this detective's question about Russian rouly let, if a false story about a drive by came from Porphyria, it might team strange that Frankie and Keana went along with it, But these four kids were close. Frankie and Porphyrio were best friends, His best friend had just shot his sister, and in that moment, Frankie wasn't thinking about justice. He was thinking about damage control. He didn't know exactly what had happened,

When we started. And they're fourteen years old at that, all of them.

No, they are all classmates.

All of them are helping them.

That was my job's girlfriends that happened.

That these were classmates. They lived in the same neighborhood, they were childhood friends. Porforio's father worked for the Taos County Jail in the past. He was even a guide for the hunter's safety course. The family have known gun safety like the back of their hand. Should have been second nature to them because in many ways it was their job.

So when he pointed it at her about how far away it was about probably about like this. So did she approach him to get a hope of the gun?

Well, she was like this, and I don't know if they went closer to what then like they started struggling like this, and then like in.

Time they start yes, And what was he doing with the other guns? He said, I'm not sure if.

He was just pulling them out to show him off, to see if he was cool or what.

But he just pulled him out and he didn't do nothing with him.

So then he ended up doing I think you put him on the counter or something. I don't even know.

I thought, like jendly, he was.

Really chill guy.

Like we always used to hang out.

I'm sure chill have a good time.

He was like always the homie. Yeah, never really thought anything bad about him, thought you'd do anything. But like I always knew, like he always like to like be people up, but they like disrespect him or whatever.

But I didn't he like to fight, Yeah, but I didn't. I grew up and asked me, that's not that big of a deal.

But I didn't think he'd ever like pull a gun out and someone.

Like actually shoot them, And he never and he was never mad about anything.

Everyone was laughing, having a good.

Time, but he was just having a good time. Do you feel like he meant to do this?

I don't know, because I could think about it. He didn't see him mad or anything. But then why would he have his finger on the trigger.

Or just do that?

So I don't even know.

Did he ever? Do you ever know of him to pull guns out on somebody else, on other people?

I've heard about it, but I wasn't sure if he's true.

You've heard about it, but you've never seen it.

Yeah, was he?

Is he known to carry a gun?

I'm not sure about like all the time, but sometimes yeah.

Sometimes like what kind of gun?

Well, even before whenever, like everything happened when works on the car, he pulls out like media block. I don't know what it was like minihandgun black and then he also had I think a rifle in the car.

But and do you know does he hunt stuff like that?

I think he does?

Yeah, he does. He talk about that a lot.

Yeah, sometimes has.

He ever talked about hurting anybody else? Shooting anybody else?

I mean when you used to talk about beating people's boot, asked before, but other and then not like gun violence?

What fourteen year old needs to be carrying around a pistol? And why didn't anyone teach them the rule that every gun owner knows, and never point a gun at a target that you don't intend to shoot, you know.

And I'm really upset because he's a you know, I know him, you know, I know him and the wife and everything, and you know, I never knew that he was a guy, but you would think he would have known him better, being a guide in the huntry.

States and stuff.

Got several guns in that house. I'm sure you've seen a lot of guns in that line.

Yeah, they're just a patriotic, gun loving family.

Right.

But after the shot was fired and Amber collapsed, Porphyrio didn't run for help, He didn't call nine one one. He started cleaning up and staging the scene, and he just had her by her arms and no.

One was helping him, and he just started dragging her.

What do you mean he wanted you guys to help? Did he say something?

Whenever he first grabbed her under your arms, he was all, help me, help me. We just looked at him, you guess maybe still in shock or something, because no one helped him.

And then so he takes her to the porch or did he take her all the way to where she was?

He took her, he stopped her at the porch. That's whether there's some blood there, right, and then he drop her off with it.

And he got on the phone right away. And I know this is tough, but do you remember brought a lot of blood being in the house. You said he cleaned up.

I'm not sure how much, but it's probably a decent line. And you could tell that he cleaned because there was a mob bucket and there wasn't like there was like a little streak of blood next to the mob bucket.

But I could tell he.

Tried to hide some.

But one thing is whenever I did end up going back to talk, whenever they moved me from the cop car, it did seem like he changed his clothes.

Okay, So a second ago, you said you didn't know if he hit or did something with the guns.

Yeah, like multiple guys. Yeah, So what do you mean by multiple guys?

Because even at first, before everything happened, he even pulled out like an ak and it seemed like an ak it looked like it, and then some sort of other gun. I don't know my guns, but it was like about I would say, maybe about this, maybe a little bit bigger. It was camouflage and they were full rounds. Like the clip was fool but I don't know if there was one in the chamber. He ended up putting those ways and then that's when he pulls out the revolver.

Did he threaten you guys at all? Were you scared of him in that point?

In a moment, I didn't know what could happened, like he probably could have if he really.

Wanted to they That's the question, isn't it. Did he really want to hurt Amber or was he just a dumb kid trying to look cool in front of his friends. Here's Frankie again.

Do you know por carry a gun?

Uh?

Sometimes, I mean besides a rifle. Uh once in a while.

You know, it's coming out a lot that he's actually been pointing that gun.

In a lot of.

I'm curious about that as well. And you know, some other people said that only the kids knew. But last weekend at the farmer's market there, you know, there's a little program for the kids to live there, and I guess it.

Only went around the kids. But he had the gun in his being the whole time here at the farmer's market. But nobody knew except have you.

Seen him point a gun at somebody else?

Oh?

Are you sure? And be honest with you did I'm okay.

This is all starting to paint a clear picture. None of the adults knew it at the time, but Portfarrio had apparently brought a gun to work at the local farmers market. He'd been known to show off his guns, pull them out, and even point them at other kids. And now a girl was dead. The escalation couldn't have been more obvious to anyone that was paying attention, that is.

But as far as evidence, I feel very strong for our case. I can't tell you exactly what he'll be charged. I mean, I can tell you exactly what he's been charged. Ye's it's called an open counter murderer. That is a you know, that's kind of an all income of saying charge.

Now Porfarrio has to face the full weight of the law. Dad might see him as just a kid, but when you kill someone, the law doesn't always agree. Oh and the dead girl and the dead girl's family don't care how old he is. The word of the day on Swordain scale here is irrelevant. Say it with me eh re levant. William Brown was focused on his son's legal battle. What he didn't know was that he was about to become the first person charged under the new state statute.

It's been nearly two years since tragedy hit Washington Middle School in Albuquerque and just rippled throughout our community. Which should have been a harmless schoolyard argument turned deadly when thirteen year old Benny Hargrove was shot and killed by a classmate. To say Benny was just standing up to a bully, and police say that team was able to bring the gun to school because it wasn't stored properly at home.

This year's state lawmakers passed the Benny Hargrove Bill in an effort to prevent another similar tragedy, and today that new law officially is going into effect.

Democratic Representative Pamela Herndon spearheaded this bill as one of the sponsors.

What we are expecting as a result of Benny Hardgrove Bill going into place is that parents are adults who have responsibility for firearms, will absolutely restore those, will store them safely so that children miners do not have access to them at all.

House Bill nine acts as a gun safety bill. If a kid gets a hold of their parent or guardian's gun and commits a crime, that caretaker can be charged with a misdemeanor.

The purpose was not necessarily to punish adults, but the purpose was to make sure that they are thinking about what they're doing.

Gun fanatics, and by gun fanatics, I mean those nutty democrats that want to take away everyone's constitutional right to self defense will never admit that conservative gun right activists are more critical on gun safety than anyone else. If you have a kid, especially a teenage boy, and you're not locking up your guns properly, then you deserve everything that's coming to you. Unless William had his eyes glued to the news, he probably had no idea that unsecured

There's probably like seven or eight, and that one two hires me to send or good.

We're good with this, all right?

So I have here a return of inventory. All have you signed?

We have secured a bunch of firearms.

Okay, we didn't take any firearms, but we secured a bunch of firearms because there was a blunch just laying around.

And with that new law in place, they can't just be like I guess, unsecured.

Loaded, unlocked and accessible. As you just heard, there weren't just one or two guns is lying around. Deputies found at least seven firearms in a single bedroom. When they locate William Brown to explain the situation, he stands stiff, his arms crossed, wearing the blank defiance there of a toddler who knows they're in trouble but doesn't think it's fair.

So here's the thing.

I need you to understand that we're just we're doing our jobs. We're going to do our jobs best for our billy. I've got information about what all took place. And as far as a black suv, it's not that's that's not kind of have Okay does that make sense if you're saying I don't, I can't tell you that was that one?

Okay? And I get that.

But another thing that you need to understand is there's a lot of guns in that house, right and none of them are secured.

I have a few that are out. You have a few that are out. Okay. With that? With that right there, you put your on your back.

I don't think.

Point one is it maybe didn't making the farmum accessible to a minor.

Uh there's something gay ball hamor dead.

So this is no degree.

Yes, so there it was min that's that we have enough polls suit to uh actually a real under that stuff that it was?

It was it was only guns.

The bottom line is that it was normal for the Brown family to give their kids unfettered and unsupervised access to deadly weapons. It was your firearm. That line hits hard. But was William thinking about the girl his son killed or was he already thinking about how to protect himself and his son porphyria before the ink could dry on his charging documents, William started spinning his own version of events when where he was the victim, not the dead

Hey, I don't know what you call Danny and see either arresting me because there was a shooting at my house and they're saying, maybe, yeah, for negligent of a the load of firearm unsecured. Oh, I don't know the state police, I mean coffs already so that he's holding the phone now and I'm just calling you to They said, maybe if I see a judge, So if you can call the judges, maybe I can get out tonight.

Okay. So it's like he like.

He explained that he had a weapon that was not secure, his son had access to that weapon, and a fourteen year old girl was shot and killed.

Yea.

The while he waited for his first court appearance, something must have gotten lost in communication because Tass County had placed him on leave, but he showed up to work anyway. During the time he was there, he had a lot to say about his case.

We were still getting a letter. I was trying to find a way to put him on administratively without pay, and I don't want him to say out there, we're doing in our own internal investigation for policy violations, procuring Universal to do the investigation. I don't know who's been assigned yet, but we're gonna look at our own policy right violations, and I'm gonna outside of what you guys

Sit in the office.

When Jason handed him the letter that he was on paid administrative leave is when he mentioned, anyways, I'm gonna be I'm gonna be back to work next week because there's no gun. They're gonna drop all the charges and I'll be back to work. And then when HR conveyed to him, hey, this isn't a bount your case, this is about policy infractions, he was like, oh, and but yeah, I was thinking about it now. He disclosed the NRA's going to pay for his legal defense, and he's not

Yeah, Okay.

William didn't seem to be worried at all. He was convinced, for some reason, that they'd never find the gun, that the NRA would put the bill for his defense, and that he'd be free of this whole inconvenient ordeal sooner rather than later. William Brown would be the first person in New Mexico tried under Benny's law. This added a political layer to the case. Even so, he was sure he'd walk.

That it's not about a firearm. It's not about any firearm. It's about the.

Firearm used in the killing of Miss Amberatch Schiletta.

Brown testified in his own defense today, claiming none of his guns were missing after the deadly shooting. Prosecutors tried to poke holes in Brown's testimony by showing him a picture of a gun that was in his home that he didn't testify about. They reiterated investigators found unsecured guns around his home.

What do we know, Well, we do know that we had a house. It was the Brown Residence, owned by the Browns, and that the guns in there belonged to mister Brown. So we've got photos of the house and of the weapons and how they were secured.

Jurors took just two hours to deliberate the first of its kind case.

We the jury find the defendant, William Brown, not guilty of negatine making a fire accessible to a minor, has charged in count one of the gun jury indictment or criminal information.

William walked out of the court a free man. A real travesty of justice if you ask me, But sometimes Jerry's are full of idiots. So it was earth so it tracks. Had he been found guilty, he would have been facing up to eighteen months in prison, which still seems to me a bit of a walk in the park for something so serious. For Amber Archiletta's family, it

But I know that.

Die's office is going to try and have him charged as an adult. I would mope that that's like, there's no guarantee. I understand that what I would choose.

Charges just for the fact that he absolutely he tried covering it up, and he drugged around and threw off that porch like the donk.

Absolutely, so I definitely want him to be punished to the police, and I'm doing everything I can.

At first, I was on the fins about it because they were branded, you know that she was there because suggested. But after him, what I seen her, you know, in the condition I want him is to you know, to the fullist extent.

Porfarrio's first trial began in February of twenty twenty four, just a few months before his father's not guilty verdict. Porfarrio was fifteen by this point and was charged as a youthful offender. It sounds counterintuitive, but this meant that he could be tried and sentenced as an adult. At trial, he faced charges of second degree murder, tampering with evidence, attempted assault of a peace officer Porphyrio Brown.

He went on trial for second degree murder last week, but jurors couldn't make a unanimous decision.

I think there was a lot of emotion from myself my client. It's just you put in so much effort for these trials. You really believe in your defense. When a jerry can't come to a conclusion can feel a little invalidating.

Almost, Bunker says. The jury had questions about several pieces of evidence. First, the initial nine to one one call.

If the story has been that my kid wanted to create this drive by story, but if you listen to the evidence on the nine to one one call, it's actually the brother who first tells nine to one one that his sister was shot in a drive by.

We'll let you decide the likelihood of Frankie coming up with a story on his own versus the story coming from Porphyria, who didn't even think to call nine one one and was instead busy cleaning up what he had done.

Bunker says. Jurors also asked about a hug between the brother and Brown on.

Body camera while the girl is laying there dying. The brother actually comes up to my client and gives my client a huge hug, and so to me, that was very inconsistent, because why are you hugging my client if you just shot your sister.

Blood on the brother's arms also came into question.

He has perfect circular spots of blood on his arm, He's got blood on the back of his elbow, he has a watch on, and then.

He goes home.

So he and the other juvenile witness they leave the scene and they're together at another location for over an hour.

Eight jurors found Brown not guilty. Four thought he was guilty, but Bunker says they all agreed on one thing.

Even the four that thought he was guilty said that they thought this was an accident, and so what they're trying to charge him with is intentional murder. And all the jurors unanimously agreed. But whoever the shooter was, this was an accident.

District Attorney Marcus Montoya says it's likely his office will retry the case.

Guns and gun.

Violence and going to control are very serious issues, and this was unnecessary and very traumatic loss of a young life.

We can ever see that often.

And upper loud enough.

Montoya might also have a personnel issue to address connected to the case. Bunker says, the lead prosecutor wasn't there for closing arguments.

We were told she went to the hospital at the judge indicated he may have smelled alcohol on her breath. So I'm entirely sure what happened there.

There may be rumors about.

That, nothing certainly that I can verify, And even if you know, we conducted an investigation to find that anything like that was a potentiality.

That would be an internal and personal issue for me.

To deal with.

Bunker, what an unfortunate name. Then again, who am I to judge? Bide anyway? Rather than face a second trial, Porfario accepted a plea deal in August of twenty twenty four. He pleaded guilty to one single count of tampering with evidence. In exchange for accepting the deal, the remaining charges, including second degree murder, were dropped. He was expected to serve a year of probation, and by the time this episode airs, his punishment will be over, his victim will still be dead.

In the end, the.

Courtroom decisions can't change what happened. Amber Archiletta is gone forever.

She was outgoing. She had no fear. If there was a hill, she'd climate. You know, her and her brother, you know, riding their bike. She was the one popping the hilies and ramping and stuff like that. I just want him to remember her for the sweet little thing that she was. You know, Like I say, she touched a lot of people, and I just want them to have those good memories of them.

Amber took her last breaths in the dry New Mexico dirt that afternoon. She was only thirteen years old, full of creativity, making her way through adolescence, and surrounded by kids who were supposed to be her friends. This story isn't about a teenager making a horrible mistake. It's about the environment that allowed it to happen. Adults who never want to take accountability and leave weapons out within reach, laws that arrive too late, and the culture that trusts

Well, we're all taught in rural areas like this gun safety, yet we all know gun safety, yeah, and that's part of our you know, that's how we brought h.

I grew up in Espanola and Himita, and it was no different.

You know.

I knew how to handle a gun from an early.

Age, and I knew that you don't point a gun at something that you're not willing to shoot exactly.

But knowing the rules doesn't mean everyone follows them. You see, being an adult, not to mention, being a parent, requires that you get off your ass and actually do things that are inconvenient from time to time, like, oh, I don't know, getting a gun safe, actually using it, and actually teaching your dumb kids about gun safety and about

Well?

That does it? For another episode of what the fuck is that guy's problem? Anyway? Or as I like to call it, Sword and Scale. Thanks for joining us. If you like the show, you can get a video version of it. We call it Sword and Scale Television or just Sword and Scale really, but it's available twenty episodes of it right now at Swordscale dot com. You can get it on Tier two or Tier three of our Plus subscription platform. It's a great way to support the show.

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