Students and two teachers who were killed less than 48 hours ago, they were sitting in the Front Row of that courtroom lets get right to cnns Rafael Romo outside the court were kind of inbetween moments right now rafael in court yeah. Thats right. Waiting for the parent who is going to show up here at the courthouse. Any moment now about probably in about 30 minutes, it was heartbreaking. John and let me tell you to see those families sitting quietly, respectfully in the Front Row in the proceeding started at exactly a 30, 3 00 a. M. In front of Judge Curry mingle dorf here at the Barrow County courthouse. Defendant was brought in two minutes later. His arms were shackled and he was wearing a green Top And Tan pants. He replied to questions by the judge, by seeing a yes, sir. In a respectful manner as he was informed of his rights under the law and the charges, and that he faces. Lets remember that he has been charged, says adult with four counts of Felony Murder Scene with the victims families, as i said, were attending the hearing as well. This is a Moment Judge mingled dorf was making the defendant aware of his rights and also reading the charges. Lets take a listen in essence, youre charged with four counts of Felony Murder as outlined in the state warrants that have been issued against you i want to make you aware that the maximum penalty for Felony Murder for each count, the maximum penalty is that you could be punishable by death by imprisonment for life without parole, or by imprisonment for life the reaction there, john, as far as we could see as for the father, hes expected to appear in the same courtroom and at this this hour and and for the first time, ajahn were taking a look at the Arrest Warrant for 54yearold colin gray, the father of the alleged shooter of the Apalachee High School here in winder, georgia. The Arrest Warrant reads, in part, quote colin gray, did cause the death of redacted name a child under the age of 18 years expect of of malice by providing a firearm to Colt Gray with knowledge that he was a threat to himself, and others in that language mirrors what the what chris hosey, the director of the Georgia Bureau of investigation, said last night about the reasons why they finally decided to arrest the father. Lets take a listen to hide. He said he is charged with the following four counts of involuntary manslaughter two counts of Seconddegree Murder, and eight counts of cruelty to children mr. Gray, these charges stem from mr. Gray knowingly allowing his son, colt to possess a weapon there also learned that both Father And Son had been on law Enforcements Radar for at least two years. Officials confiscated three guns from the family in july 2022, including an ar 15s Style Rifle when they were evicted from a home in that year in july 2022, weapons that were later return to them. So not new to the law. This family, john, back to you. All right. Rafael, thanks so much. The judge is speaking. Lets go back to the courtroom all right. Mr. Gray, we visited a moment ago. I just need to correct a couple of things on the record. I correctly told you the maximum penalty for the crimes for which you are charged thats correct. Except for the fact that you are under 18yearsold. So i wanted to inform you and make it clear to you that the penalty for the crimes for which you are charged does not include death. It includes life without the possibility of Parole Or Life with the possibility of parole i also wanted to inform you that the court has set December 4 At 8 30 Am for your preliminary hearing and that is of course, Subject To Change as you secure new counsel later today and so forth. Is there Anything Else that needs to be addressed that anyone can think of no, your honor all right. So with that, you may ask squirt. Mr. Colt gray backed out thank you so you were just hearing the judge makes a correction and this is because obvious supreme Court Ruling in 2005 that says 14 yearolds, anyone under the age of 18 cannot be sentenced to death. They cannot experienced a Death Penalty unless they are an adult, even though he is being charged as an adult, is a big, huge Craig Revision from that, judge. Right there called the defendant back in just to clarify that, yes, he is being charged as an adult, but that does not mean he could be set in this with the Death Penalty as an adult. All right. With us now, cnn, chief Law Enforcement Analyst john miller, and Defense And Trial attorney Misty Marris. I want to what we can talk about that a little bit again later, but john, since we have you here, i want to focus on a lot of the new developments in this case. In the major one is that the father has been charged with manslaughter and Seconddegree Murder very quickly. What, are the events that led to this arrest and the speed with which it took place probably three key things. First, there was the fact that his son wants taken into custody as the shooter began talking to police, they say voluntarily. They say after being mirandize, do have the right to remain silent and has been cooperating throughout a lot of information about where the guns were stored, whether that gun was his if he had total access to it or partial access to it, certainly enough access to it to leave the house with it concealed fully loaded, and to allegedly commit these Murders Part one, part two they conducted a Search Warrant at the house where they would have seen the physical setup of where and how oh, guns were stored, whether or not they were secure, whether the ammunition was stored or secured separately and at that same time, they had the opportunity to, again, interview the father who youll recall in the earlier encounter with the Jackson County Sheriff said, well, he does he does have access to the guns but theyre not loaded but he wasnt clear on. Well, as the ammunition there, could they be loaded so that was that was before he had gifted allegedly this child is owned gun all of those elements taken together. If you compare it to the Crumbley Case, where the charging of the parents took a long time im in a lot of consideration. It was based on the prosecutor first seeing that social Media Post and then conducting a longer complex investigation. This came together very quickly because all the elements were there almost in plain view how big of an issue is it that he was already contacted the Father And Family . Pretty contacted the year prior asking about these ideations from The Sun. Did that Help Push this forward much quicker because theres already been this this interaction with with police about this very issue that ended up happening. So thats going to be a key factor. And misty, you get into this more, but itll be a key factor at trial which probably influenced their decision, which is, you want to you want to win youre doing these charges . That are about reckless endangerment, or Reckless Disregard the Charging Decision is made would a reasonable person have known that under this set of circumstance . Dances that something terrible could have happened. And would they would a reasonable person have taken steps to prevent that in the case where you are giving your child a Semiautomatic Rifle as a gift for his own use . After youve had a visit from the local sheriff whos been tipped by the fbi, who has been tipped by members of the public, that your Sons Computer is allegedly the Origin Point for the promise of a School Shooting and remember, one thing is im going to shoot up a Junior High School like tomorrow, but the other threats or the other things found in that computers. Im going to do a Mass Shooting and its going to be a year or two. Im not ready yet. Those kind of red flags, which is now a legal term, those red flags when you say im going to wait months after that threatened, say im going to give them his own ar 15 would contribute to that idea of what a reasonable person not know that this could create but Clear And Present Danger to others. Missy marris is with us right now. Missed you the points john were just making. How does that play in a courtroom yeah. John makes excellent points and hes absolutely right and critical piece of this case is going to be that timeline. So youre talking about May 2023 . Interview takes place the father is involved, The Sun is involved, and then December 2023, the gun is purchased. And what happened from December 2023 until the present day a lot of this piece is going to depend on what the father knew or should have known remember we talk about in talking about the standard of Reckless Disregard to a known risk. Its based on acts, but also omissions knew or should have known. Weve seen a whole slew of Family Members come forward and talk about issues that the defendant has had, and perhaps they were also is your viewed by Law Enforcement leading to this determination . But something different about this case, unique distinction from the Crumbley Case is that not only do we have these Manslaughter Charges, we also have to second Degree Murder charges that is very different. This is a whole new legal landscape because in general, the Seconddegree Manslaughter Statute or the secretary of Murder Statute that were talking about. Murder that occurs cruelty to a child in the Second Degree relating to those two killings thats generally individual the actor is committing an act of Child Abuse that unintentionally. Now were talking about somebody being held responsible for the acts of another. So that is a new very novel legal theory. And that came quite quickly. So Law Enforcement or reading the affidavit but they may know more specifically its time on this critical timeline between May 2023 and the present day i just want to mention because next to you, misty, are all of the victims here, richard aspinwall, christina irimie, who was by the way celebrating her birthday when she was shot and killed with her students. Mason schermerhorn and christian angulo, their families are sitting there watching all of this. They are in tears there holding stuffed animals and it is a Heart Wrenching seen inside of that for but i do want to take you into court and talk about what happened with the judge and this charge and the consequences of the potential case too. This young shooter, as we wait for the father to also be arraigned and what we expect her a few minutes where were seeing the Family Members theyre reacting to the alleged shooter coming back into court and there just obviously devastated. But what about this charge where the judge had to call him back in . Why did he have to call the defendant right back in and say, hey, im sorry, you will not be facing the Death Penalty yes, sara, that was a critical correction that was an error. So if he were an adult then yes, the Death Penalty would be on the table. But the Supreme Court has clearly stated that the Death Penalty is not a penalty that can be anyone that is a minor. In fact, even like without parole ever since 2012, a case called the Miller Case has to have specific a specific hearing that predates any sentencing to assess whether or not a minor can actually serve a Life Sentence without parole. It was important for the judge to clarify that record that the Death Penalty is not an option in this case from a legal perspective, that is something that could potentially be the record of be problematic down the road if it werent immediately corrected. So theres a lot of considerations when youre talking about a minor they dont apply when adult defendants, so the judge acted pretty swiftly to correct that error. And people should know she is being charged as an adult, but that doesnt mean all of the rules that adults have to face when youre 18 or older children can be subjected to that. Misty marris, john miller, do not go anywhere because we are waiting for the arraignment of the father just shortly here alright also breaking this morning, Kamala Harris nearly tripling Donald Trumps Fundraising Haul in august with a stunning 361 Million but she plans to do but. That recordbreaking Cash Haul also raking in just the last hour a new Jobs Report shows the Unemployment Rate has dipped to 4. 2 . But the mixed bag here, the Labor Secretary joins us live with some reaction. And of course were watching that georgia courtroom, as we mentioned with the father of a School Shooting suspect is set to appear in moments from now, we will take you there live this election season. Cnn has you covered, No Matter the question from more about the candidates to rules in your state to casting your ballot. The Cnn Voter Handbook has your answers. Visit cnn. Com Slash Vote for your protect against rsv with the Wreck Sv, a Wreck Sv is a vaccine used to prevent lower Respiratory Disease from rsv. And people sixth the years and older, a Wreck Sv does not protect everyone and is not for those with severe allergic reactions to its ingredients, those with weakened Immune Systems may have a lower response to the vaccine. The most common Side Effects are injection site pain, fatigue, muscle pain, headache, and joint pain. A Wreck Sv is Number One and Rsv Vaccine Shots Rsv make it a wrexham introducing Mcafee Plus all in one protection that goes beyond your devices. 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And are you able to read and write and understanding English Language difficulty how far did you go in school . 11th Grade ged. Okay and i note that you have counsel seated with you at the table. You understand that you have the right to be represented by an attorney at all times for this and all future proceedings in your case . Yes sir do you understand that . Of course would be cannot afford an attorney that the Public Defender will be appointed to represent you upon your request . Yes, sir all right. Counsel, would you identify yourself place for the record . Donna, say gregs we are going to have new counsel assigned to mr. Gray later today. All right. Thank you all, right sorry just to make sure that The System is working in alright. So following arent questions, so im going to ask them just informing you of some things you have the right to remain silent. Anything you say can be used against you at further hearings or a trial on the charges that youre facing . For this hearing, youre not going to be questioned about facts and circumstances surrounding your charges you are currently charged with and youll be provided with copies of the warrants if you dont already have them currently charged with two counts of Felony Murder. In the seconddegree youre charged with four counts of felony involuntary manslaughter, youre charged with eight counts of Felony Cruelty to children in the Second Degree for these offenses for the Felony Murder counts in the Second Degree Felony Murder in the seconddegree, the maximum in prison, the maximum penalty for each count is up to 30 years. Imprisonment for felony, involuntary manslaughter of course, again, there are four counts that maximum penalty for each of those offenses is ten years imprisonment for the eight Felony Cruelty to children counts the maximum penalty under the law for each of those eight counts is ten years imprisonment. For a maximum total possible penalty for the charges that you currently are facing of 180 years imprisonment if you have questions abo