Nc Dad Charged with Involuntary Manslaughter

>> A FATHER WHO WAS DIGGING IN A TWO-STORY DEEP HOLE IS FACES MANSLAUGHTER CHARGES AFTER THE HOLE CLAPSED AND KILLED HIS DAUGHTER AND HER COUSIN IN APRIL. THE GUY SAYS HE WAS BUILDING WHAT IS KNOWN AS A RAMMED EARTH HOME, AN ANCIENT METHOD OF USING DIRT TO SHAPE THE FOUNDATION, BUT INVESTIGATORS SAY HE DIDN'T HAVE A PERMIT TO DIG. THE MAN SAYS THE KIDS WERE PLAYING IN THE HOLE, AND THAT AFTER IT COLLAPSED HE TRIED VERY MUCH TO SAVE THEM BUT IT WAS SIMPLY TOO LATE. SHERIFF'S DEPUTIES FOUND GUNS AND MARIJUANA AT HIS HOME, WHILE THEY WERE INVESTIGATING THIS, AND THEY CHARGED HIM FOR THOSE AS WELL. LET'S TAKE THIS TO OUR LAWYER,ANT JOHNSON JOINS US NOW. CLEARLY HE DIDN'T MEAN FOR THIS TO HAPPEN BUT THIS IS JUST SUCH ABSOLUTE NEGLIGENCE. THAT'S WHAT THE CHARGES STEM FROM. RIGHT? >> THAT'S EXACTLY THE THEORY. YOU THINK, POOR DAD, LOST HIS DAUGHTER AND WHY SHOULD WE PROSECUTE SOMEBODY WHO BASICALLY HAD THIS TRAGIC EVENT HAPPEN, BUT -- I HAVE TO THINK IF HE HAD A PERMIT, HADN'T BEEN A CONVICTED FELON, HAND HAD A GUN OR DRUGS MIGHT HAVE GOTTEN THE BENEFIT OF THE DOUBT BUT THIS IS A TWOER STORE HOLE AND THEY WERE PLAYING IN THE BOTTOM OF IT. >> WHAT IS HE THINKING. YOU TAKE YOUR ARGUMENT AS SURFACE, LET'S SAY HE HAS A PERMIT AND THERE'S NO POT IN THE HOUSE AND NO GUN. THE POT AND THE GUN HAVE NOTHING TO DO WITH THIS HOLE. IS IT ABOUT THE PERMIT? IF THIS HOLE IS PERMITTED IT DIDN'T BECOME MANSLAUGHTER, JUST A HORRIBLE ACCIDENT? IS IT THAT SIMPLE? >> I DON'T THINK SO. AS A DEFENSE LAWYER I WOULD MAKE THAT ARGUMENT, YOU DON'T PUNISH SOMEBODY FOR NOT HAVING A PERMIT BY CHARGING THEM WITH A FELONY AND SEND THEM TO PRISON. BUT IF A DAD AND AN UNCLE LEFT TWO CHILDREN PLAYING IN THE BOTTOM OF A TWO-STORY EARTHEN HOLE AND THIS TECHNIQUE SUPPORTS ITSELF. THERE'S NO STRUCTURE SUPPORTING THESE DIRT MOUNDS. I THINK IT'S A RECIPE FOR DOLLARS, AND HE HAS -- RECIPE FOR DISASTER AND HE HAS TO BE HELD ACCOUNTABLE. >> ITS UNCLEAR WHETHER HE LET THE KID PLAY. THEY WERE GOING AFTER A CHILD-SIZE PICK AXE AND HE DID -- ONCE THE DIRT COLLAPSED HE WAS FRANTICALLY TRYING TO PULL THE KIDS OUT. IS THAT ENOUGH MITIGATING TO GET HIM OFF THE CHARGE? >> BUT WHEN YOU SAY HE DIDN'T ALLOW THEM TO PLAY IN THE BOTTOM OF THE HOLE, THERE'S SOMETHING CALLED AN ATTRACTIVE NUISANCE, AND THE PICK AXE MAY BE ENOUGH TO WANT TO RETRIEVE IT. BUT WHAT IS MITIGATING HE DID DO THAT, BUT APPARENTLY NOT ENOUGH FOR THE AUTHORITIES WHO HAVE BEEN INVESTIGATING THIS FOR MONTHS, NOT TO TURN AROUND AND SAY, LOOK, WE FEEL BAD FOR YOUR LOSS, BUT YOU CAN'T BE LESS UNFETTERED TO -- LEFT UNFETTERED TO HAVE CHILDREN FALL INTO A HOLE AND COLLAPSE. IT WAS FORESEEABLE AND IT WAS ATTRACTIVE ENOUGH AND HE IS GOING TO PAY WITH A LOT OF MONTHS IN PRISON.