:12:01
to say about premeditation
:12:02
if she ever actually
pulls through this.
:12:04
Two shots to the head, you can't
count on it at this point.
:12:08
What we do have now
is a witness appears
:12:11
who's tucked in a corner booth
out of the guy's eyeline.
:12:14
Guy never saw him.
:12:16
Now, I'll be talking to him.
:12:18
But what he's laying out
:12:19
lines up right with
the detective's scenario.
:12:22
Which is?
:12:23
Which is the wife
was the only server
:12:25
on the floor at the time,
stations were empty.
:12:27
She was refilling Diana's cup
at the counter
:12:29
when the husband approached
and shot them both.
:12:31
Diana was killed.
:12:34
The wife took two shots
to the head.
:12:37
The guy was caught on
the premises with the gun.
:12:40
And in seven years,
he could walk.
:12:43
And that's the difference
between second-degree
:12:48
and life without parole.
:12:51
Now, there's something else we
need to discuss at this point.
:12:55
This may be a capital case,
a death-penalty case.
:12:58
I need to know your feelings.
:13:02
Jesus.
:13:03
JoJo?
:13:05
Oh, Christ.
I don't kn-- I don't know.
:13:07
I -- Christ.
:13:11
Ben?
:13:12
Absolutely.
Absolutely.
:13:14
I just want it over.
:13:15
No, no.
I want him eviscerated.
:13:17
I want him strung up
and ripped apart.
:13:20
-- Christ, Ben.
-- What, Josephine?
:13:22
She asked.
She asked, so I'm telling her.
:13:25
-- We never agreed to that.
-- We never had to.
:13:27
ls it -- Do we really need
to decide this now?
:13:29
Right?
:13:34
Excuse me.
:13:35
lt's ultimately the decision
of the D.A.'s office,
:13:38
however, your feelings
influence that decision.
:13:42
I just want you to be aware that
if we decide to go for death,
:13:46
it may not be so easy to do.
:13:48
What is the death penalty
here?
:13:49
Gas.
:13:50
Shit.
:13:52
Uh, is it --
is it better for us if he --
:13:54
if he, uh -- if he shot
our daughter first?
:13:57
Christ, Ben.
:13:58
I'm afraid that --
that may be hard to prove.