Accused 8-Year-Old Murderer's Police Interview Raises Legal Questions

NEWYou can now listen to Fox News articles!

This is a rush transcript from "On the Record ," November 18, 2008. This copy may not be in its final form and may be updated.

GRETA VAN SUSTEREN, FOX NEWS HOST: The video you're about to see is disturbing, an eight-year-old boy accused of killing his father and another man talking to police.

Police say the boy confessed to shooting the two men.

In this tape, however, the eight-year-old gives a different version of events.


UNIDENTIFIED FEMALE: He walked around, and then what did you do?

UNIDENTIFIED MALE: And then I started walking down the street towards my house. And I saw the door open. And I ran and I said "Dad, dad." Then I ran upstairs.

UNIDENTIFIED FEMALE: Then you say him?

UNIDENTIFIED MALE: There was blood all over, and I think I touched him.

UNIDENTIFIED FEMALE: What did you do when you touched him?

UNIDENTIFIED MALE: I just kind of looked up and he was a little bit alive.

UNIDENTIFIED FEMALE: You checked if he was a little bit alive? How did you do that?

UNIDENTIFIED MALE: I kind of just went like that.


UNIDENTIFIED MALE: Yes. And I didn't hear anything. And I just saw blood, and I then cried for like 30 minutes. I missed him.

UNIDENTIFIED FEMALE: Ok. Did you call anybody?

UNIDENTIFIED MALE: No, but I ran to a girl's house that I know and I talked to her mother and I told her my dad is dead. So he called his dad and his dad came and went over there. And he called you guys.

UNIDENTIFIED FEMALE: You said that you were walking up the street. Was that the street that you live on? And when you were walking up the street, what did you see?

UNIDENTIFIED MALE: I saw the door open and I saw the car driving pretty fast. And I was in front of Nicole's house. And I saw the door open and I saw Tim on the ground.

UNIDENTIFIED FEMALE: You saw Tim two houses down?

UNIDENTIFIED MALE: I was a little bit closer.

When I started running over there, I was seeing the car ram the house and somebody was in the car. And I saw the door open, and I ran over there and I saw Tim. And then I started screaming "Dad." And then I ran upstairs.

Watch the video

UNIDENTIFIED FEMALE: You're sure that you weren't home --




UNIDENTIFIED FEMALE: OK, because I heard something that somebody said that somebody was calling your name and that you were answering them at the house.


UNIDENTIFIED FEMALE: Uh-huh. Somebody told me that.

UNIDENTIFIED MALE: Nobody was calling me.

UNIDENTIFIED FEMALE: Nobody was calling your name.





UNIDENTIFIED MALE: Yes. They were like, "Tim, are you home?" And then I saw him on the ground. And then I ran upstairs and I started saying "Dad, dad." And then I saw him.

UNIDENTIFIED FEMALE: OK, I need to ask you one more time, OK? Were you home before you said you were home? Did you go home right after school?


UNIDENTIFIED FEMALE: Did you take your backpack off and leave that at home? Because you said you carry a backpack, right, to school?

UNIDENTIFIED MALE: Yes, but I didn't take it home.

UNIDENTIFIED FEMALE: You didn't take it home? What did you do with your backpack when you went in the house?

UNIDENTIFIED MALE: I just threw it under the table, I think. And then I saw my dad and Tim.

UNIDENTIFIED FEMALE: Was there anybody that you saw coming out of the house before you got home?


UNIDENTIFIED FEMALE: You didn't see anybody?

UNIDENTIFIED MALE: No. But I saw a car driving fast.

UNIDENTIFIED FEMALE: You saw the car driving fast. Tell me about that car.

UNIDENTIFIED MALE: It was kind of like my grandpa's car except it had back rims. And it was driving. And I don't know if it had fronts rims or not. I could see only the back of the car passing my house.

UNIDENTIFIED FEMALE: Front door or back door, which did you go in?

UNIDENTIFIED MALE: I went in the front door because the back door is always locked. Then I saw Tim and then I started saying, "dad, dad!" And then I saw my dad upstairs.

UNIDENTIFIED FEMALE: When did you yell for Tim?

UNIDENTIFIED MALE: I did say, "Tim, you're home, right?" And then I saw him on the ground. And then I said, "dad?" Then I ran upstairs and I saw him.

UNIDENTIFIED FEMALE: Whenever--Tim's truck was there. Was Tim usually parked there?


UNIDENTIFIED FEMALE: Was that where he parked, or does he park in the driveway?

UNIDENTIFIED MALE: He parked in the driveway sometimes.

UNIDENTIFIED FEMALE: The door to the truck, was it open or closed?



VAN SUSTEREN: Police in St. John's, Arizona, say the boy later confessed to the killings. The eight year old boy has been charged with murder.

Content and Programming Copyright 2008 FOX News Network, LLC. ALL RIGHTS RESERVED. Transcription Copyright 2008 ASC LLC (, which takes sole responsibility for the accuracy of the transcription. ALL RIGHTS RESERVED. No license is granted to the user of this material except for the user's personal or internal use and, in such case, only one copy may be printed, nor shall user use any material for commercial purposes or in any fashion that may infringe upon FOX News Network, LLC'S and ASC LLC's copyrights or other proprietary rights or interests in the material. This is not a legal transcript for purposes of litigation.