On September 4th, 2025, a woman pointed a firearm at her son's girlfriend and pulled the trigger. The gun had no bullets. The charges that followed did not depend on that fact. Three independent charges arise from this incident, each provable without the others. >> Who'd you call? >> Yes, I called. >> What's going on? >> She tried to shoot me. And the only reason why I didn't get hit is cuz the gun didn't have no [ __ ] bullets in it. >> Who is this? >> It's the It's I'm pretty sure y'all have all been here before. Hold on. Hello? But Shaunda just walked in the house and the kind of gun that I mean, she tried to shoot me. >> Ma'am, can you tell us what's going on, please? >> Yes, the police are here. I got to talk to the cops. I'll call you back, Mom. >> So, what's the situation inside right now? >> she texted me earlier. They lived here for a while. I date her son. >> So, like, what's the situation? Just real quick. We can get into the nitty-gritty. Does anybody have a gun that's like a threat right now in the house? >> Um her son probably grabbed it from her. It didn't have any bullets in it. He was standing in the middle of us trying to um get it from her. And then she pointed it at me, pulled the trigger, and said, "Oh, it don't got no bullets in it." and threw it down the steps. He ran down the steps and grabbed his gun. I came down the steps because I don't know what you're going to grab next. >> What's your What's your relationship with them? >> I date her son. I've been dating her son for 3 years, which is the only reason why she lives with me. >> You're her son's girlfriend. >> Yes. >> Okay. >> And he's at work. >> Okay. >> Which is what this is about. >> Her other son? >> Yes. >> Okay. So, you don't date your the son in there. Okay. >> Not the one that gave her the gun. >> Okay. Can you hang out for a second? Yeah, just so we can get your info and whatnot. What What's apartment is it? >> Two, right here. This door right here, the white one. >> What's her name? >> Kimberly. >> And then what's What's his name? >> Dwayne. >> Dwayne and Kimberly. Okay. What's she look like? >> She's fat and got blonde hair. >> She a white woman? >> Yes. >> Is there a way to get out the back? >> No, yes. But the door locked off. >> Hey, Kimberly? >> No. >> Is it a apartment? >> No, she sleeps in there. >> Okay. >> But there is no gun. >> Okay. So, did you get thrown down? >> What? >> The gun. >> No, we don't have it. We don't. >> So, what are you talking about? >> I don't know. >> Hey, are you Kimberly? >> Yes, I am. >> You don't have a gun, do you? >> No, I don't have a gun no more. >> Okay, what does that mean? >> Because I did. She Her sister called and threatened me and said she was going to come over here and beat my ass or something. So, when she pulled up Yeah. I was eat There wasn't even no bullets in the gun. So. >> So, where where is it now? Your gun. >> It's not my gun. >> Where's the gun that she was >> It's in my son's room. >> Dwayne? >> Yeah. >> Can we talk to Dwayne? Where's he at? >> It's But he don't >> Hey, Dwayne. >> He don't got nothing to do with this. >> Um Is it Is it your Is it your gun? >> No. >> Okay. Did your mom have it? >> She was in my room and then me and her was arguing. >> And then you and mom or you and girl downstairs. >> No, me and her. Cuz she was in my room and I was standing outside my room. And she was asking me for her keys cuz she was trying to leave and I'm not letting her leave cuz she been drinking. I'm not giving her keys. I don't care what she says or does. >> This is his girlfriend. So, I asked her, I'm like, "Can you take him to work tonight?" And she was like, "Oh, I can't cuz I work until close with my mom." Well, you know, I don't know, but she complain that she works all these hours and stuff like that. So, I'm like, I started getting angry because I do everything. I take my kids to work in the morning. Even when I have to work, I still have responsibilities. Not saying that he is her responsibility or anything like He's not even mine. He's grown. But I do want to make sure that he will succeed, you know? So, I'm like, I started getting irritated because I'm like, "You can't help with nothing. You have a whole vehicle and you don't help with nothing. She was like, "I'll take the kids to school." I don't need you to take the kids to kids to kids to school because I literally get off of work at 4:30. So, I'm good taking the kids to school. These are These are all my kids. So, and then she started talking stuff to me and me and her was getting into it. And then her sister text me and she was like, "Oh, I'm about to be at the house at 10:00. I'm about to drag your ass out." And I'm like, "Okay." Like, first of all, you don't even You're not even in this situation. So, why are you even texting me? It's between me and Haley. Me and my son already got into it because he was like, "You shouldn't have been talking to her like that, disrespecting her like that." And then he was like, "Oh, she does everything." She's been doing everything now because for the past 2 months. >> So, where is it at exactly? >> It's right there. >> It's okay. It's okay. It's okay. >> [clears throat] >> You want to go in the You want to go in the Sorry, I must have scared him. >> Yeah, it's right there underneath the shirts to the left side of the shelf on the top shelf. >> Nope, in the bathroom, guys. >> Nah, she was peeing on the floor, bro. >> Yeah, he just must be >> Yeah, that's it. >> He just must be scared. Uh and you're you're legally allowed to have it, right? >> Yeah, I'm legally allowed to >> Okay. >> The VIN and everything has already been ran on there and everything. >> Okay. >> Yeah, I'm going to go ahead and run the game on you. >> Yeah, no, we just got to do you know, we just got to do our just That's all. Uh do you happen to have an ID on you? >> Yeah. >> Okay. Is it just in that wallet right there? So, how did that gun get involved at all? >> His our sister said she was going to come over here. >> Okay. So, her sister said she was going to come over here. What >> And then she pulled up and I don't know I didn't know if it was just her or then I saw the lights coming behind her. So, I pulled the gun out. >> Okay. Did you point it at her at any point? >> No. >> Okay. >> I don't have nothing to lie about. But I'm not going to get jumped because I'm >> What's that? Yeah, I'm not sure what's going on here. What's your >> She tried to shoot me. >> Oh, you're the victim? >> Yes. She tried to shoot me. The only reason why I'm not right now is because there wasn't a bullet in the head. >> What happened? >> She's mad because I couldn't take Her son is my boyfriend. And he just started work at Amazon a couple days ago and she's upset because she didn't want to get off her ass and take him to work. I work two jobs. I've been at work since 11:00 to What time is it? I just got home like 20 minutes ago. The camera will show you. I walk in the house and she's like, "What's the problem?" I said, "The problem is you're mad at me because I couldn't do something one time. I've been paying the rent in this house for 3 months cuz she ain't have no [ __ ] job. I've been paying the Wi-Fi. I've been trying to catch her up on her car payment. I've been helping the [ __ ] with everything. I can't do one thing and it's a problem." So, I walk in the house, go up the steps and she's right there greeting me. She's got something behind her back. And her son is standing in front of her trying to get whatever it is from behind her back. I already knew because I know he has the gun. So, I go in my room and I'm just trying to get my dog out the house cuz I'm about to go. And Dwayne or not Dwayne but Cameron stops me from grabbing my dog out the room and he's like, "I already took him out." So, I just put him back in the room. I'm just going to leave without my dog. She points the gun at me and pulls the trigger and then looks at her son and goes, "Oh, I knew there wasn't no bullets in it." and then throws the gun down the steps. So, you were going to kill me. That's what you were going to do. She's drunk as She shouldn't even be having a [ __ ] gun. Yes, but she has not paid rent in 3 days. I have an eviction notice. She has 3 days to get out. >> But you you live here with her? >> Yes, my name is on the lease. Nobody else's name. I've been paying the rent. I have the text messages of me telling her that she's got She's got 3 days left to get out. That's it. >> Okay. Is everybody over 18? Are all the kids adults? >> No. The only adults in here is me, my mom, and uh the girl downstairs. >> Okay. How old is the brother that he's she's dating? >> Uh he's 19. >> So, he's an adult. So, two two So, is the girl on the couch she's the just the only juvenile then? >> Yeah. >> Okay. >> Oh, and my little brother, he's probably in this back room like in this like little back room next to the other >> Oh, okay. Is the 19-year-old brother not here? >> No, he's at work. >> Oh, okay. Okay. >> All I wanted to was make sure that my son made it to work. >> Okay. >> And I was I was trying to go out. That's why I was using my sister's >> So >> Ohio Revised Code Section 2923.15 weapons while intoxicated Handling a firearm under the influence of alcohol is a completed offense before any weapon is pointed at anyone. Ohio Revised Code Section 2903.21 aggravated menacing The statute requires only that the victim reasonably believed she would suffer serious physical harm. Loaded status is legally irrelevant. The victim could not know the chamber was empty. Pointing and pulling the trigger constitutes a completed act under established case law. Ohio Revised Code Section 2919.25 Domestic violence applies automatically because the parties shared a residence. The menacing act satisfies the physical harm element. >> I just I just want to walk through the story. >> So, you guys were having an argument over the over your son basically. >> Yeah. Uh she threatened to have her sister come over here. >> No, she didn't threaten. Her sister ended up texting me and I looked at my phone and I'm like, "Oh my god." Here's her sister and there's like 10 messages. I can show you. >> Okay. So, you her sister threatened to come over here then. >> Yeah. Her sister threatened me, period. So, I'm like I felt on defense mode. >> Okay. So, she got here, what happened? >> Look, she sent me four four new new messages. >> All right. Where's Where did she threaten you at? >> She said I'm pulling up at 10. These are all the types of messages that she sent. Sorry. >> How did this start? >> Guys >> Why did Why did your sister start messaging you? >> I don't know why her sister started to message me. >> Okay. Did she just know you had the gun in your nightstand or did >> Yeah, she Yeah, she knows. Yeah, she knows my mom. We don't know but like she just knew you had it so she went into your room and grabbed it. >> Is that how like she got a hold of it or did you like have it sitting on a table or what? >> Yeah, I'm so I basically where that officer I don't know if that was the guy that grabbed it but the officer that grabbed it is where it normally sits. >> In your bedroom? >> Yeah. >> Okay. Were you guys fighting all day? >> I've been at work since 11:00 this morning. This didn't start till 3:00. >> Okay. >> So it's been in text messages. I have all the text messages. I literally she text me she said, "Can you take Sean to work?" I said, "No. I told you last night that I work until 7:30. This is my second job. I work every single day." Then it's "Oh well, all you can do is work." Well, none of y'all [ __ ] pay rent so what the [ __ ] you think I'm going to do? None of y'all pay rent. What am I going to do? And then I I told her to get her disrespectful fat ass out of my phone and she said, "Oh, I'm about to come up there and beat you and your mama up." And I said, "Okay, so come do it. I I work at Eddie's down downtown." The cops would have been there in 2 minutes. I'm not worried about you. >> All right. >> I'm not worried about you. I don't >> So those were the only threats she made over the phone? >> Over the text. Then I walk in the house and I go up the steps and she's standing right there with something behind her back. Oh yeah, I do got the cuz we got a camera right there. I got the video of her out here. She was talking to me in the camera cuz she knew I was watching it. And she's still more threats so what? >> So would your mom have known it wasn't loaded? >> No, she's >> Okay, she's drunk. She's been drinking there? >> Yeah. >> I did say I was going to >> I used to be glad I'm in the house. >> I did say I was going to blow her sister's house up though. So But I told her sister that. >> You will be >> I don't give a She shouldn't be threatening me. She's in a a situation she >> I mean you guys are clearly arguing between each other. >> herself in a situation that don't even concern her. And I I do have I I do feel some type of way because I'm talking about your mom. Your mom is living. My mom is not even here to just stick up for herself and he was like, "On your mom." Talking about she was going to come over here and she was like, "On your mom." And I'm like, "My >> You go back in there and I feel a little cramped with five people sharing the kitchen. >> Yeah, it is a little in here. >> If you want to light your cigarette, you're good in there. You guys just been hanging out drinking today? >> No, just me. >> What? You've been drinking today? >> Mhm. This is my weekend. I work Thursday through Sunday. >> Okay. >> I just told her to get herself on her feet so she can get the [ __ ] out of my house. That has always been the agreement. Instead of getting a house, she goes and buys a [ __ ] car she can't afford. But I I've been quiet. Like literally I'm the peacemaker in the house. They fight all the time. I stay in my room. I'm not even that kind of person. I work two jobs. I'm not even here enough. She just expects me to get off my ass and take her kids to school like I'm her [ __ ] baby dad or something. I am responsible for one person and I'm not even responsible for him. He's grown. >> How many kids does she have? >> Four. Dwayne is 21. Sean is 19. 20, I'm sorry. Trinity's 13 and Cameron is 16. >> Holy cow. Just based off of what you're telling me, it sounds like she's probably going to get charged with uh child endangerment and domestic violence being one of those things. Which there is a mandatory um protection order that goes in place. >> I don't want her back here. She's getting evicted in 3 days anyway. >> She Yeah, she won't be allowed to come back here. So I'm not sure what about the kids. >> Um I told them they're fine if they don't have anywhere to go. But when she gets out, she'll she already talked about she's going to go down to her sister's. Her sister lives in Kilgore. It's like 2 and 1/2 hours from here. I really don't where they go. I don't I don't even care about my boyfriend. He can go, too. I don't give >> Oh, man. >> That's how tired I am of her. >> I got I understand where you're coming from. >> But, I just wanted to come home and shower. I probably smell like onions. I have been on a grill all day, so if I do, I'm sorry. Kimberly. >> Kimberly, I'm sorry. >> Kim. >> Kim, okay. This is your idea, right? >> Yes. >> Okay. Kim, come on. Let's go downstairs. >> Okay. >> All right. I don't want to do it in front of your daughter, okay? Can you please put your hands behind your back? >> Okay. >> Put them like you're praying, okay? Like you're praying, okay? Like this. >> Yeah, what am I getting arrested for? >> So, you're getting arrested for having weapons while intoxicated. >> I'm sorry, guys. It seems like you guys you guys all live together, so it seems like just family wasn't matching today, and some things happened that led to some people getting arrested. >> Oh, my god. >> Have you been arrested before? >> Yes. >> Okay, when's the last time you were arrested? >> In 2010. >> For what? >> A DUI. >> Was it a misdemeanor DUI? Like your first DUI? >> Yeah. >> Okay, that's the only other time? >> Yeah. >> Okay, then that Yeah, that is a misdemeanor, okay. Okay, you said you have nothing in your pockets. Do you have pockets? >> No. >> Okay, can you look at the cruiser for me? I'm just going to pat down your waist, okay? >> I just got arrested. >> I'm literally >> That's damn near my mother right there. I feel bad doing this. It's just the fact you tried to [ __ ] kill me and did not think twice about it. >> Yep, that's >> That's it. Litter. >> And what isn't your other son a juvenile as well that's in there? And you can stay with your 23-year-old son as well. >> Yeah. >> Okay, I'm just going to stay here. >> isn't due in He doesn't live in South Carolina. Oh my god. I hope this don't go on my record. >> All right, go ahead and sit in there, please. >> Warrantless entry was lawful under Brigham City versus Stewart, 2006. A reported shooting attempt meets the exigent circumstances threshold for imminent threat to life. Probable cause was established by the totality of circumstances under Illinois versus Gates, 1983. Two corroborating witness accounts, the suspect's own admissions, and [clears throat] the recovered firearm. One procedural gap. Miranda warnings under Miranda versus Arizona, 1966, were not clearly administered before the suspect made self-incriminating statements, creating a potential suppression issue. >> I'm like >> Officer, A- minus. Methodical threat assessment, witness separation, proportionate arrest. Deduction for the Miranda gap, Kimberly. D. Three probable violations. Her stated fear of the victim's sister is not a legal defense. The sister was not present and posed no imminent threat, Haley. B plus. Immediate 911 call, consistent statements, preserved text evidence. Deduction for remaining in a household where an unsecured firearm was accessible to an active adversary, Dwayne. C. As registered owner, secure storage was his legal and ethical responsibility. Unsecured access directly enabled the offense. Key takeaway: An unloaded firearm carries identical legal exposure to a loaded one when used to threaten. Intent to cause fear, not capacity to cause death, is the controlling standard for menacing for firearm owners. Unsecured storage in a shared household is not only a safety failure, it is potential criminal liability when that weapon is used by another to commit an offense. Let us know if there is an interaction or legal topic you would like us to discuss in the comments below. Thank you for watching.