<i> [dramatic music]</i> <i> ♪</i>■ <i> - Spring Valley
in the mid-1990s</i> <i> was a working-class
neighborhood--</i> <i> not a lot going on there,</i> <i> and along comes
John Harper, Jr.</i> <i> He was someone who did
terrorize the neighborhood.</i> <i> A car in the hands
of John Harper</i> <i> is potentially
a lethal weapon.</i> <i> He'd tailgate people</i> <i> and engage in a lot
of menacing activities.</i> <i> - A lot of the neighbors</i> <i> felt helpless that they
couldn't do anything about it.</i> <i> - They wanted the sheriffs
to do something.</i> <i> They didn't do anything.</i> <i> - Danny had had enough.</i> <i> He'd had enough.</i> <i> ♪</i>■ - By the fall of 1995, the quiet town
of Spring Valley, California had turned into a powder keg ready to explode. For the past several years, the neighbors
in this sleepy enclave have had to deal
with the erratic and dangerous behavior of one
of its residents. The escalating situation ultimately led
to a violent encounter on the morning of January 28th. It raised a serious question about where the line is drawn between self-defense
and murder. <i> ♪</i>■ - Spring Valley
is much more rural than urban Downtown San Diego. <i> ♪</i>■ <i> Things are more spread out.</i> <i> John Harper, Jr. was someone</i> <i> who was living with his
parents in Spring Valley</i> <i> and was not really
a very welcome presence</i> <i> in the neighborhood.</i> <i> ♪</i>■ - John Harper would be defined differently
by different people. Obviously, if you talk
to John Harper's family, <i> I'm sure he was
appreciated and loved.</i> <i> If you talk to the members
of the community</i> <i> in Spring Valley,</i> pretty much, I'd say,
they thought he was a monster. <i> - John Harper, Jr.
was a ne'er-do-well,</i> and John Harper, Jr.
was a jerk. He was someone who did
terrorize the neighborhood, didn't contribute much
to society, other than the fact
that he took very good care of his parents. <i> ♪</i>■ - There were allegations that
he was a methamphetamine user. He was apparently
harassing neighbors. <i> - John Harper had a reputation</i> <i> of terrorizing people
in Spring Valley.</i> According to some
of the residents, he basically uses his car
as something of a weapon. <i> ♪</i>■ - He would get in his car and
follow people really closely at a relatively high rate
of speed. <i> He'd tailgate people</i> <i> and engage in a lot
of menacing activities.</i> [tires squealing] [metal crunches] <i> ♪</i>■ <i> A lot of police reports
about the bullying tactics</i> <i> that John Harper would do.</i> <i> People in the community
felt very intimidated by him.</i> - Come on! [car honking] <i> - It's difficult
to get inside the psyche</i> <i> of somebody like John Harper.</i> <i> But by all appearances,</i> <i> this was obviously
a very unhappy person</i> <i> and did have a lot
of anger issues,</i> <i> a lot of rage issues.</i> <i> Now, what the source
of the anger and the rage is</i> <i> is hard to determine,</i> but he was certainly
acting out in a way that was very threatening
to the Spring Valley community. [tires squeal] - He had 11 pages of priors,
two being a felony, <i> and several misdemeanors.</i> <i> He had even been
in a juvenile facility.</i> <i> - The neighborhood response
to John Harper, Jr.</i> <i> was that of fear and dismay</i> that this was someone
who lived in their community <i> and who was tormenting them.</i> <i> I think a lot of the neighbors</i> <i> felt helpless that they
couldn't do anything about it.</i> <i> ♪</i>■ <i> Danny Palm had 29 years
of military service.</i> <i> ♪</i>■ <i> And he had retired
from the military,</i> <i> and he and his wife
had bought their dream home</i> <i> in Spring Valley.</i> <i> ♪</i>■ - Danny Palm and the neighbors had a meeting with the sheriffs <i> and talked about Mr. Harper
and what he was doing.</i> <i> They were afraid of him.</i> <i> They wanted the sheriffs
to do something,</i> and they didn't do anything. <i> ♪</i>■ <i> Danny Palm was an organizer.</i> He really took the bull
by the horns, so to speak. He just wanted to make
his neighborhood safe. <i> - Danny Palm
believed in order,</i> <i> and he believed in rules,</i> and Danny Palm's first recourse was the rule of law. He went to the authorities because that's
what you're supposed to do. <i> ♪</i>■ <i> - Danny Palm met
with the police,</i> <i> and the sheriff's department</i> <i> passed him off to CHP.</i> CHP said, "No,
it's not our jurisdiction." Eventually, Dan Palm was
working with an organization called Safe Streets Now, <i> and the organizer
of that group had asked Dan</i> <i> to be one of the leaders</i> <i> of the neighborhood
organization</i> <i> that was trying to document</i> <i> what John Harper, Jr.
was up to.</i> <i> Dan Palm had notes
that contained 150 incidents</i> <i> and 42 different victims</i> <i> of transgressions that
John Harper, Jr. had done.</i> <i> There was at least one attempt
to speak with the parents</i> <i> to communicate to them
what was going on,</i> <i> but they were not getting
any sort of a response</i> <i> to their complaints.</i> <i> In essence,
Dan Palm was doing everything</i> <i> that he'd been asked
to do in regard</i> <i> to trying to get a handle</i> <i> on the John Harper, Jr.
situation.</i> <i> ♪</i>■ <i> - You have this threat,</i> <i> and the system
can't take care of it,</i> and so what transpired
pits our legal system against this notion
of vigilante justice. <i> ♪</i>■ <i> - On November 28, 1995,</i> <i> Danny Palm pulled up
next to John Harper, Jr.,</i> <i> and pulled the trigger,</i> <i> and shot him
right between the eyes.</i> Danny Palm then took his gun,
shot him seven more times, reloaded, <i> and emptied the magazine
in John Harper, Jr.</i> He shot at him 13 times. Eight of the shots
went through his back. <i> ♪</i> [tires squealing] - It was very scary
'cause he was yelling. <i> He had his fist in the air.</i> I just couldn't
figure out what I had done to make him so angry. [metal crunches] - There was a lot
of tension built up <i> between John Harper
and Danny Palm.</i> <i> Law enforcement
wasn't there to see it.</i> [tires squeal] <i> ♪</i>■ <i> [dramatic music]</i> <i> ♪</i>■ - As a retired commander, Danny Palm
lived life by the book, following every rule
and guideline that was consistent with being both an officer and a gentleman in the United States Navy. So it was startling
to the people of Spring Valley when he was arrested
for shooting his neighbor John Harper, Jr. to death. It was even more surprising that Palm shot
the unarmed Harper 13 times, hitting him
with a total of nine bullets. While the neighbors might have
been shocked by the killing, few of them were surprised
it happened. <i> ♪</i>■ <i> - The community at large
was fearful of John Harper.</i> It seems as though people
were describing their lives as being threatened
by some kind of terrorist. So this was not something that was just in the mind
of Danny Palm. <i> In a sense, I mean,</i> <i> Danny Palm represented
the collective view</i> <i> of that neighborhood.</i> <i> ♪</i>■ - John Harper, Jr. had a car,
an El Camino, that he would use to basically
tailgate other people, <i> and in some cases,
run other cars off the road.</i> [tires squeal] [metal crunches] <i> ♪</i>■ - John Harper and Danny Palm
had different run-ins, and most of these run-ins involved activity on the roads
of Spring Valley, <i> where John Harper was known</i> <i> to basically use his car
as a weapon.</i> <i> Danny Palm actually grew
fearful of encounters</i> <i> with John Harper.</i> <i> There was a lot
of tension built up</i> <i> between John Harper
and Danny Palm.</i> <i> Law enforcement
wasn't there to see it.</i> <i> ♪</i>■ [tires squeal] <i> - They really didn't feel
as though there was a lot</i> <i> they could do.</i> - There was an incident where
Melody Hurt and her daughter were in the car,
and she claimed that John Harper, Jr.
ran her off the road. <i> - My daughter was
at a cheer camp that day,</i> <i> and I was asked
by her cheer coach</i> if I would run to a store and pick up some red pom-poms
for the cheer socks. <i> ♪</i>■ <i> Traffic was really bad,</i> <i> so I decided
to take a shortcut,</i> <i> which was Helix Street,</i> <i> and that's when
the incident occurred</i> <i> on our way back
to the cheer camp.</i> <i> - There was no ramp-up of
John Harper, Jr.'s activity.</i> I think that he was
consistently being a jerk to all the neighbors. <i> - I was just driving,</i> <i> and this car pulled up
very close to me</i> <i> and was revving its engine.</i> [car honks] - What the [bleep]?
Come on! <i> - And I thought, "Oh, my gosh,
this is a very curvy street,</i> <i> and he's in a hurry.</i> <i> So I got to a place
where I could pull over,</i> <i> so he could pass me,
and he didn't.</i> <i> He just pulled up behind me</i> <i> and revved his engine again.</i> It was very scary
'cause he was yelling. <i> He had his fist in the air,
yelling something at me.</i> <i> I didn't cut him off.
I didn't turn in front of him.</i> I just couldn't figure out
what I had done <i> to make him so angry.</i> - The roads out there
in East County are two-lane roads,
and they can be curvy. <i> Driving fast there
is actually very dangerous</i> <i> and scared
Melody tremendously.</i> <i> - He was right behind me.</i> <i> I got to a curve in the road</i> where I really
had to slow down <i> because it's
a very winding road,</i> <i> and it actually has
a steep drop-off on the right.</i> I slowed down,
and he bumped my bumper. [metal crunches] <i> My daughter had
gotten pretty sick,</i> <i> and when he came up
onto my side of the car,</i> <i> she was screaming, very upset.</i> <i> She was crying, and I said,
"Just get down on the floor,"</i> 'cause I thought
he might have a gun. <i> I sped up as fast
as I could on this curvy road,</i> <i> and I pulled
into a person's driveway.</i> I leaned on my horn.
Nobody came out. At which point,
my daughter turned around and looked out the window,
and she goes, "Mama, he's gone," and I went,
"Oh, thank goodness." And as I pulled
out of the driveway, there he was, waiting for me. <i> ♪</i>■ <i> I was driving beyond
the speed limit for sure,</i> <i> and I could see
just down the hills,</i> <i> and there was
a three-way stop,</i> <i> and I just ran the stop,</i> and then as soon as I got
to the bottom of the hill, there was an elementary school
I pulled into. <i> There were a couple
of custodians outside,</i> <i> so then he left.</i> - John Harper would
really walk the line in terms of committing any
criminal act until with Melody. <i> He was driving
recklessly and dangerously</i> <i> and threatening her.</i> - After
the Melody Hurt incident, <i> John Harper, Jr.
was arrested and charged.</i> <i> - He was arrested
for reckless driving</i> and assault
with a deadly weapon. His attorney had it reduced
to a reckless driving. <i> ♪</i>■ <i> - They day that John Harper
came to the courthouse,</i> when he walked out
the elevator, he went like that to me. <i> ♪</i>■ - There were comments that
were made by John Harper, Jr., <i> one of which had been heard
by a detective,</i> <i> which was to the extent of,</i> <i> "I know that the neighborhood
did this to me.</i> <i> "If they think
I was bad before,</i> <i> wait till they see me now."</i> <i> ♪</i>■ <i> - John Harper is furious</i> <i> because he was
brought to trial,</i> <i> and John Harper
was determined to retaliate</i> against people
who had testified against him, and one very important person
was Danny Palm, <i> who testified against him.</i> <i> who testified against him.</i> <i> [dramatic music]</i> <i> ♪</i>■ - The residents
of Spring Valley had to endure John Harper, Jr.'s
menacing behavior for years, and much of the suffering
they endured was due in part to what they called the lack
of response by law enforcement. That is, until Harper tried to run Melody Hurt
and her daughter off the road. Now that Harper has been
arrested and charged for his dangerous antics, there's a real chance
the people of the neighborhood will finally get some peace
through the justice system. <i> ♪</i>■ <i> - A lot of times,
people in the general public</i> don't want to testify at trial against a defendant
that they see as somebody who is dangerous or menacing,
and they are fearful that, <i> quite frankly, that defendant,</i> <i> you know,
might come after them.</i> <i> Regardless, in the trial</i> <i> of what John Harper did
to Melody Hurt,</i> <i> Danny Palm testified,</i> <i> and he knew that he was
putting himself at some risk.</i> <i> - Nobody thinks
that John Harper, Jr.</i> <i> was a boy scout.</i> <i> As community members,</i> <i> Danny Palm
and the rest of the community</i> <i> did what
they were supposed to do.</i> <i> They organized groups.
They did community watch.</i> They contacted
the sheriff's department and so forth,
and that's all they could do. Now, did that end the problem? And the answer is no. <i> ♪</i>■ <i> [tires squealing]</i> - Danny Palm testified
as to what was happening in his own neighborhood, and I was told this had been
going on for a very long time. <i> - John Harper is furious</i> <i> because he
was brought to trial,</i> <i> had to defend himself.</i> And John Harper,
according to reports, was determined
to retaliate against people who had testified against him. <i> - Danny Palm and his wife,
Carol, were sitting</i> <i> on a seat
outside the courthouse,</i> and Harper had
the desire to taunt people, <i> and he had then
blown a kiss at him.</i> - John Harper, Jr. appeared
to not have any remorse for what he was doing and
for the fact that his actions had resulted in a court case. <i> ♪</i>■ - The jury hung on that, and those are very hard cases
to prove. <i> Melody Hurt and her daughter
were not hurt,</i> <i> and there was just not
enough evidence to prove</i> <i> that he was guilty
of that crime.</i> - I believe either he had got
a reckless driving with a minimal fine or he got virtually
no penalty on it, and essentially
thumbed his nose at everybody after that. - There was fear. There was fear
that he'd come after me. <i> ♪</i>■ <i> - When John Harper, Jr.
was released</i> <i> after his court hearing,
given a fine,</i> the neighborhood
heard about this, and knew that
he was coming back, <i> and had heard about comments
that he'd made</i> <i> and that he was angry.</i> <i> - On November 28, 1995,
John Harper, Jr. went out,</i> bought a milkshake
and some French fries, and drove up to outside-- <i> right outside
Danny Palm's house.</i> <i> ♪</i>■ - His wife, Carol Palm,
saw John Harper, Jr. outside, <i> and they were very concerned.</i> <i> ♪</i>■ <i> - There was no reason at all</i> <i> why John Harper
would've been by the house</i> and no reason why he would've
sat in front of the house. <i> So Danny does grab his gun
'cause he's afraid.</i> <i> - John Harper, Jr.
then drove down the road.</i> Dan Palm's response
was to get in his own car <i> with a loaded gun</i> <i> and essentially follow
John Harper down the road.</i> <i> - John Harper comes to a stop,</i> <i> and Danny Palm
stops behind him.</i> John Harper apparently waves to Danny Palm to pass him. <i> Well, Danny Palm
does not see this wave</i> <i> as a friendly gesture.</i> <i> Danny Palm sees this wave as,</i> "Okay, Danny Palm,
you get in front of me. "I, John Harper, am now going to tailgate
and terrorize you." Danny Palm makes
a critical decision in this moment. Danny Palm decides
to pull up to the car. <i> He shows the gun
to John Harper.</i> <i> He loads the gun.
He makes it clear.</i> <i> John Harper, by all accounts,</i> <i> is not intimidated.</i> - And that's where
Dan Palm says John Harper, Jr. said,
"Your family's good as dead." - You and your family
are as good as dead! - It appears that
that was a snapping point for Dan Palm. - Mr. Harper then somehow
releases the brake. The car rolls down the hill,
veers to the right, <i> ends up hitting a tree.</i> Mr. Palm follows the car down,
gets out of the vehicle. - Dan Palm proceeded
to shoot 13 total rounds, <i> nine of which entered
John Harper, Jr.'s body,</i> and that included
Dan Palm reloading <i> in the middle of shooting.</i> - After the crime,
Danny Palm took the gun and a live round in a magazine, and he hid 'em in an open field
next to his house, went home. <i> His friend called and said,</i> <i> "What are all these
helicopters doing here?"</i> <i> And Danny Palm acted like</i> <i> he had no idea
what was going on.</i> <i> ♪</i>■ <i> - I just think
Danny had had enough.</i> He'd had enough. - If you were honestly
acting in self-defense and you really
thought you were justified, <i> you would own up to it.</i> <i> He would've
called the police himself,</i> <i> but he tried
to cover it up afterwards.</i> <i> - He was being
charged with murder.</i> <i> A perfect self-defense
is when you're acting</i> to protect yourself
or someone else in a reasonable manner, <i> considering the circumstances</i> <i> and considering what you did.</i> <i> Imperfect self-defense is that
you had a reasonable belief</i> <i> in that
you were helping someone,</i> <i> but you did it
in an unreasonable manner,</i> <i> and that's imperfect.</i> <i> ♪</i>■ <i> - Danny's attorney
questioned me.</i> He said, "Do you think
Harper would have hurt you if he would have found you?" <i> And I said yes.</i> <i> Danny Palm may
have been my savior.</i> <i> ♪</i>■ - John Harper, Jr.
was still slumped over the right-hand side of his car, and the defendant walked up
to that window and fired. One, two, three,
four, five, six times into John Harper, Jr. On that sixth shot,
the slide was locked back. <i> ♪</i>■ <i> [dramatic music]</i> <i> ♪</i>■ - When John Harper, Jr.
died in a hail of gunfire on the morning
of January 28, 1995, few of the residents
of Spring Valley mourned his loss. It will be
up to prosecutor Blaine Bowman to convince a jury of 12 people
to ignore the years of John Harper's
menacing behavior. For the state, the core issue is that no person has the right to take the law
into their own hands, regardless
of the circumstances. <i> ♪</i>■ <i> - Ladies and gentlemen,
on November 28, 1995,</i> just after 11:00
in the morning, a single shot rang out in
a Spring Valley neighborhood. That shot was fired
by this weapon right here. - This is a .45 caliber
semiautomatic firearm. When that shot
was fired from this weapon, it was fired by the defendant,
Danny Palm. It was fired at the victim,
John Harper, Jr. <i> while John Harper, Jr.
sat in his car</i> unarmed,
with his door closed, with his seatbelt
securely fastened. Danny Palm,
ladies and gentlemen, fired that shot
at John Harper, Jr. while John Harper, Jr. was drinking a milkshake. There was not a lot of public
support for this prosecution, <i> especially
in the Dictionary Hill area.</i> <i> You know, and I got emails,
I got nasty phone messages</i> <i> from people around
the community saying,</i> <i> "Why are you
prosecuting this guy?</i> <i> He should get a medal
for what he did."</i> <i> ♪</i>■ John Harper, Jr.
was still slumped over the right-hand side
of his car, and the defendant walked up
to that window and fired. One, two, three,
four, five, six times into John Harper, Jr. On that sixth shot,
the slide was locked back. At that point, the defendant took the magazine
out of his gun, got his second loaded magazine. It was filled
with seven rounds. Put 'em in that gun,
released the slide, and he continued firing into
the lifeless John Harper, Jr. Six more shots this man
fired into John Harper, Jr. as he sat in his car. Most of those wounds,
ladies and gentlemen, entered the back
of John Harper, Jr. <i> I understand that people
were upset about it,</i> but you can't kill somebody because they were
menacing the neighborhood, <i> terrorizing the neighborhood.</i> <i> You can't kill them.</i> The conclusion of this trial, I'm gonna ask you
to return a verdict. I'm gonna ask you
to return a verdict not because of who
Danny Palm is, or because you don't
like John Harper, Jr. I'll be asking you,
ladies and gentlemen, to return a verdict based
on what Danny Palm did on November 28th. I will ask you
to return a verdict of guilty
of first-degree murder. <i> - There was a lot
of public support for Dan Palm</i> <i> before his court case.</i> <i> There was definitely a feeling</i> <i> that this was someone
who stood up to a bully,</i> and was defending
a neighborhood, and did not deserve
a lengthy sentence for what he'd done. - Dan Palm pulled
the trigger of the gun that killed John Harper. <i> ♪</i>■ There's no dispute about that. <i> ♪</i>■ The question is why. My strategy was to put on
all the evidence that I could concerning the behavior
of John Harper-- in other words, almost putting
John Harper on trial <i> to show that
he was the bad guy.</i> <i> He was the cause
of his own death.</i> Dan Palm did
pull that trigger, but he did it
out of fear for his life, and more importantly,
out of fear for the lives of his family. Dan Palm's actions
were self-protective, a self-defense action. - This was never a case
about self-defense in my mind. <i> Danny Palm was the one
who took that loaded gun</i> <i> and chased him down the hill.</i> <i> The law is clear
in California.</i> An aggressor cannot
claim self-defense. - You're gonna hear that
when he showed Harper the gun, he didn't wanna kill him. When he pulled the trigger, his family's safety
was more important to Dan Palm than Harper was. His only focus was
on his family and their safety. <i> ♪</i>■ John Harper did things so
often that it angered people, <i> but put them in fear of him,
and that fear was real.</i> - I saw a vehicle
coming towards me, and the vehicle proceeded to
come head on towards my girlfriend's
mother's car. She was the driver.
I was the passenger. He turned away about maybe
50 feet away from the vehicle. - And who did you recognize
that vehicle belonging to? - John Harper, Jr. - John Harper, Jr. pulled up
alongside my vehicle as we were driving
down together, and he motioned to me,
you know, like a hand rolling
to roll my window down, and I presumed I had
some problem with the car, so I rolled my window down,
at which point, he came to a stop,
and I stopped. And he said, "You don't
scare me, "even if you are
a deputy sheriff. I know where you live.
I can burn your house down." - Did you take that threat
seriously? - Yes, sir. <i> - Dan Palm had notes
that contained</i> 150 incidents
and 42 different victims of transgressions
that John Harper, Jr. <i> had done in Spring Valley.</i> - He let the speed build up
to about 25 and slammed on his brakes. I in turn slammed on my brakes
to avoid hitting him if he would reverse
his truck again. <i> [dramatic music]</i> - A car in the hands
of John Harper is potentially a lethal weapon, and he was using it
to intimidate people. - Was kind of swinging
the hammer, trying to intimidate me,
and at that point, I realized talking
wasn't going to help. And I turned around
to walk away, and as I walked away, he said,
"Yeah, you get out of here," and he swung the hammer,
and hit me in the butt, in the rear. <i> ♪</i>■ - He was really agitated,
and he went on with some obscenities
and profanities, and I said,
"Why are you doing this?" He was incoherent. He said
that I was bothering him. He says, "I'm going
to hurt your family." And at that time, he came
with his hand and scared me. I went back,
and he put his cigarette out on my T-shirt. I was really shook up,
so I went right down, and I called
the sheriff's department. - We showed every event
that happened, and what led to it, and why
you had to fear John Harper. <i> ♪</i>■ - I tried to point the gun
in Harper's direction, and I really couldn't. My hand was shaking violently. My arm was shaking violently. It was my intention to tell him
to get out of the neighborhood and don't come back. I never got those words out. <i> ♪</i> <i> [dramatic music]</i> <i> ♪</i>■ - In a case like this, where the argument
is self-defense, it is critical to hear
from the defendant. There's no question
that on the morning of January 28, 1995, retired Navy Commander
Danny Palm shot an unarmed
John Harper, Jr. on the streets
of Spring Valley. Now a jury of his peers
will hear his explanation for why he did what he did. <i> ♪</i>■ <i> - And I thought he was gone,
and then my daughter screamed,</i> "Mom, he's right
behind us again." - Okay, where was your daughter
sitting at this time? - She was sitting
in the front seat next to me, in the passenger seat. - You said she screamed.
I mean-- - She was frightened. <i> - There was an incident
involving Melody Hurt</i> <i> 5and her daughter in a car,
where they claimed</i> <i> John Harper, Jr. ran her
off the road,</i> and the evidence was such
that my office, the DA's office,
charged John Harper, Jr. with assault
with a deadly weapon. - And you arrested him
for a 245, correct? - Correct.
- What's a 245? - Assault with a deadly object. - And in this case,
the object was a vehicle? - Correct. - Did you tell Dan Palm
upon Mr. Harper's release from custody
around July 1, 1995 that he had threatened
his neighbors? - Well, the statement,
the way it came out was, as he was leaving,
just mentioned something that he would get even. That's all. There's nothing as far
as what a statement or anything other
than he would get even. - When you received the threat
from Mr. Harper, you were also afraid
for the safety of the public. - Yes, sir. - And that fear had increased
from the threat. - Yes, sir. <i> - In the Danny Palm case,</i> <i> law enforcement's hands
were tied.</i> <i> They wished
that they could do more.</i> Well, yes, you can get
a restraining order, but the person doesn't care
about the restraining order, so there's no question,
this is a gap in the law. - All right, sir,
you can stand right there and raise your right hand
and be sworn. <i> - Our society has a great deal
of difficulty</i> dealing
with renegade personalities like John Harper. Maybe they don't get caught. Maybe the law doesn't hold
them accountable. <i> ♪</i>■ - Detective Green called me to inform me that Harper, Jr.
had made a threat to him while he was
being released on bail. He told me
that John Harper, Jr. had stated, quote, "I know my neighbors
have done this to me, "and if they think
it was bad before, just wait
till they see me now." Unquote. And Detective Green
stated the threat was a serious threat, that there was no remorse
or reconsideration of behavior as a result of interaction
with the authorities, and it told me that this person
was not a normal person. - Did you feel that he was
terrorizing the neighborhood? - He was. - On the morning of the 28th, who did you get
the phone call from? - Louis Such.
He's a neighbor. - When you heard him say
the guy in the silver El Camino was coming up,
what'd you think? - I was frightened.
I was terrified. - John Harper drives
his vehicle up Dictionary Hill <i> and approaches
Danny Palm's house,</i> <i> sits outside the house
with his car.</i> <i> And at that point in time,
Mrs. Palm says to Danny,</i> <i> "Hey, he's outside the house."</i> - Well, it was clear now
that he knew where I lived <i> and where my family lived,
and this was the first time</i> <i> that I was aware of that.</i> As soon as I had the gun
in my hand and the clips in my other hand, my wife yelled down
from upstairs, "He's out front." - How did she sound? - Frightened. <i> - John Harper, Jr.
drove down the road.</i> Dan Palm's response
was to get in his own car with a loaded gun and follow
John Harper down the road. - You drove down,
and you described that you rolled down
your window, and you're now adjacent to him. Tell us what you did next. - He had an angry look
on his face as I pulled up. I tried to point the gun
in Harper's direction, and I really couldn't. My hand was shaking violently.
My arm was shaking violently. It was my intention to tell him
to get out of the neighborhood and don't come back. I never got those words out. - Was something said to you?
- Yes, there was. - What was said? - He looked at me again angrily
with one eye squinting kind of and said, "You and your family
are good as dead." <i> ♪</i>■ - You see the car
rolling down the hill. What are you thinking
at that point in time? - My first thought was, "Maybe he's going
to leave now." - Then what happened? <i> - The silver El Camino
started rolling faster,</i> and before too much distance, the right side wheels of
the car jumped the right curb <i> of the street.</i> <i> - I think the fear
in Danny Palm was so great</i> at that time
that he actually opened fire on John Harper,
and as we know, he struck John Harper
and killed him with one shot. <i> We know that
that one shot alone</i> may have given rise
to a self-defense-- a defense in trial. But we also know that
Danny Palm fired 12 more shots. <i> And so that is the definition
of overkill.</i> - What's the next thing
you recall? - I think I remember standing
behind the car with the gun in my hand. - Do you remember shooting?
- Not really. - You remember reloading? <i> - Not really.</i> <i> - Blaine Bowman
was a well-polished</i> <i> district attorney,</i> and Blaine Bowman went
for the jugular, and Blaine Bowman
hit the jugular. <i> ♪</i>■ - Mr. Palm,
when you shot John Harper, Jr., in your own mind,
did you feel he got what he deserved? - No, I didn't. - Why not? - I wasn't thinking when I shot John Harper, Jr. - You don't know
what you were thinking about? - No. <i> - My theory
going into the trial</i> was that Danny Palm was
obsessed with John Harper, Jr. <i> He kept meticulous notes
about all of his activities.</i> <i> He had binoculars.</i> <i> He had a telephoto lens,</i> <i> where he took pictures
from his house.</i> <i> He was obsessed with it
and wrote down</i> <i> every single thing
John Harper, Jr. did.</i> You picked up the gun,
put the clip in, immediately charged it, right? - It was all
essentially one action. - What did John Harper, Jr. say
when you tried to point the gun at him,
when your hand was shaking? - He said, "You and your family
are good as dead." - How'd that make you feel? - Terrified. - Did it make you mad? - No, I wasn't mad. - Not at all?
- No. - What did you do next? - I blanked out. <i> - What was
John Harper, Jr. doing</i> <i> right before you blanked out?</i> - I guess, the instant
he finished that sentence, I blanked out. I don't know what he was doing. - Mr. Palm said he blacked out,
or blanked out at that time. And therefore,
what happened was, <i> Mr. Palm saw what he did,
realized it,</i> <i> and then adrenaline</i> <i> or some other effect on him
took place,</i> <i> and he just
let loose everything.</i> - Now, Mr. Palm,
let me ask you this, how did your finger get
from there, where it is now, to over here,
where the trigger is? - I don't know. It didn't happen
while I was conscious. When I blanked out, that had to have happened for
me to have shot John Harper. - So you don't know
why you shot him, is that what you're saying? - That's correct. I do not remember thinking
about firing that weapon. - And if you don't
remember thinking about firing that weapon, then you can't tell this jury
here why you shot him, is that right? <i> - It's important to know
that Dan Palm</i> reloaded his gun
because Dan Palm's defense was that he had blacked out, that he didn't know
what he was doing, but that's hard to defend <i> when you remember
to reload your gun.</i> <i> - Jury could have
done anything.</i> <i> That they believed
in jury nullification,</i> and they thought Danny Palm
was a great guy, and they didn't like
John Harper, Jr., they could have come back
not guilty. - I can say unequivocally
that what I am about to do, I have never done. <i> ♪</i>■ <i> [dramatic music]</i> <i> ♪</i>■ - The German poet Georg Buchner
once observed that murder begins
where self-defense ends. The jury has heard all
of the evidence in the trial of Danny Palm for
the murder of John Harper, Jr. They will soon have to decide
whether Palm's actions cross the line. <i> ♪</i>■ <i> - Mr. Kanter.</i> <i> - Thank you very much,
Your Honor.</i> "You and your family are good
as dead," a direct threat to anyone, a direct threat
to anyone's person, to the ones they love most. So how does one react to that? How would you?
How would anyone react to that? Oh, it's okay? Go kill me? No. We react appropriately.
We defend. That's what we do. - The immediate community
in Spring Valley was horrified
and extremely upset that Dan Palm had done this, <i> and I think more so,</i> <i> they were upset that Dan Palm
was now under arrest</i> <i> than they were
that John Harper, Jr.</i> <i> was no longer alive.</i> - You know,
some people may think that following someone
down the hill makes one an aggressor. Danny Palm followed John Harper
down the hill, But he did so
to protect his family and his neighbors. That is uncontroverted. - It grew to become a big story locally and nationally, and I think
there really was a debate that began to occur
about whether or not <i> Dan Palm was a hero
or a vigilante.</i> <i> ♪</i>■ - And in this case,
what John Harper, Jr. did <i> was push Danny Palm</i> mentally over the edge. His system was working
at such a level that after all the frustration, all the fear, all the emotion, everything from Spring Valley
built, and built, and built. When the last words were said,
he blacked out. He blanked out.
He became unconscious. Dan Palm, you're a good man. Dan Palm, yeah,
you were pushed. You were pushed
through no fault of your own. Dan Palm, you're not guilty. Thank you. <i> I did feel good about
the imperfect self-defense.</i> But I was scared
because the prosecution, <i> Mr. Bowman,
is a very good lawyer,</i> and his argument
was pretty compelling. - What did I tell you
three weeks ago when I first stood up here? I told you that you probably
won't like John Harper, Jr. And I have a feeling
I'm probably right. You don't like what he did. So I'd ask that you think
of two things. First, what if
the roles were reversed? What if John Harper, Jr.
killed Danny Palm? Would there be any doubt
in your mind this is a first-degree murder? Absolutely not. Yes, the defendant was
in the Navy for 29 years, very honorable. Yes, he was
an upstanding citizen. We're not here
to judge Mr. Palm as a person. We have all
these jury instructions, which the judge
just read to you. Did you ever hear
Judge Mudd tell you, "If you find Danny Palm
is a good person, you're to find him not guilty"? No. Did you hear
Judge Mudd tell you, "If you find that
John Harper, Jr. was a jerk, Danny Palm's not guilty"? No. <i> I've tried over
a hundred cases to jury,</i> and there is never
a single time that I felt comfortable
when that case goes back to the jury. <i> Of course
this was no different.</i> <i> - I was scared, you know,</i> that they could come back
with a murder conviction. I didn't think first-degree, but I mean, at least
a second-degree murder. <i> ♪</i>■ - Welcome back,
ladies and gentlemen. Juror number seven,
I understand that you've reached verdicts? - We the jury,
in the above entitled cause, find the defendant,
Danny James Palm, not guilty
of the crime of murder in violation
of penal code section 187, as charged in count one
of the information, and fix the degree thereof
as murder in the first degree. Same title, court, and cause,
we the jury, in the above-entitled cause,
find the defendant, Danny J. Palm,
guilty of the crime of murder in violation
of penal code section 187, as charged in count one
of the information and fix the degree thereof
as murder in the second degree. <i> - Jury could have
done anything.</i> That they believed
in jury nullification, and they thought
Danny Palm was a great guy, and they didn't like
John Harper, Jr., they could have come back
not guilty. <i> If they follow the law,
which they did,</i> <i> I knew that the right verdict
would come out.</i> <i> - I felt so bad for Mr. Palm
and Mrs. Palm, you know.</i> I did not believe
he deserved what he got. <i> I did not believe he deserved</i> <i> a second-degree
murder conviction.</i> <i> [soft music]</i> - Dan Palm's initial sentence
was 15 years, plus the possibility of
a gun charge being tacked on. What happened after that
was fairly unprecedented. The judge in the case,
Judge Mudd, <i> was petitioned
and heard the case again,</i> <i> even though a jury
had decided that verdict.</i> <i> ♪</i>■ <i> - John Harper, Jr.
was a ne'er-do-well,</i> who frankly
was unilaterally terrorizing a community of this county. He was running
completely rod shod, and there is overwhelming,
conclusive, unrebutted evidence
to establish that. Mr. Harper was a victim who set this all
in motion himself. I can say unequivocally
that what I am about to do, I have never done, ever. But I am absolutely convinced, based on a complete,
and thorough, and total review of the facts
and the law, and the person
that is Mr. Palm, that a sentence
of 15 years to life, plus the use of a gun-- and in our state, that is
a lifetime sentence now-- would constitute cruel
and unusual punishment. <i> [dramatic music]</i> <i> - Judge Mudd decided
that the verdict</i> <i> had been too great.</i> <i> So Judge Mudd reduced it
to manslaughter,</i> and Dan Palm
was given ten years after having served
about a year and a half. <i> - I would say to him,</i> <i> thank you
for getting involved.</i> <i> Thank you
for doing the right thing.</i> Thank you for making the people
in your neighborhood matter. I don't condone killing, but I do believe that if law
enforcement had done their job, <i> that situation would
have never happened.</i> Maybe John Harper
could have gotten help, and Danny Palm could have lived
a better life. <i> - There's a lot
of people who think</i> <i> vigilante justice is okay.</i> The law disagrees, and you can't go out
and kill a person <i> in the street
because you don't like them</i> <i> or because you think
they deserve it.</i> <i> So I was worried that people
might put themselves</i> <i> in Danny Palm's shoes.</i> <i> I was mostly worried
about the jurors.</i> <i> And fortunately,
they didn't do that</i> <i> because the law
does not allow it.</i> <i> ♪</i>■ - After serving nine years
of a ten-year sentence, Danny Palm was released
from prison in 2004 and now lives a quiet life
with his wife. I'm Tamron Hall. Thank you for watching
"Someone They Knew." <i> ♪</i>■