Facts appear 'very damning' for both Georgia shooting suspect and father: Phil Holloway

SENTENCED TO JAIL FOR INVOLUNTARY MANSLAUGHTER. SIMILAR CHARGES NOW. PHIL HOLLOWAY, FORMER ASSISTANT D.A. JOINS US FROM ATLANTA, GEORGIA. FIRST TIME IN YOUR STATE, PHIL. WHAT ARE THEY UP AGAINST? >> GOOD MORNING, GUYS. GREAT TO BE WITH YOU ALTHOUGH I'M SORRY IT IS ON SUCH A SAD SUBJECT. YOU KNOW, WHAT YOU JUST SAW WAS THE INITIAL APPEARANCE WITHIN A SHORT PERIOD OF TIME, A DAY OR SO. EVERYONE WHO IS ARRESTED AND HELD WITHOUT BOND HAS TO BE INFORMED WHAT THE CHARGES ARE AND WHAT THE RANGE OF PUNISHMENT IS. THE JUDGE CORRECTED THAT. HE IS A MINOR AND DOES NOT FACE THE DEATH PENALTY. THE FATHER WHO WE WILL SEE COMING UP IN COURT LATER ON IS FACING DIFFERENT CHARGES. NOW HIS CHARGES ARE GROUNDED IN CRIMINAL NEGLIGENCE, WHICH IS SOMETHING MORE THAN ORDINARY NEGLIGENCE. IT IS AN EXTREME RECKLESSNESS OR CARELESSNESS WITHOUT REGARD TO PEOPLE'S LIVES AND SAFETY. SO IT IS VERY FACT DEPENDENT. RIGHT NOW WE DON'T KNOW ALL THE FACTS BUT THE CHARGES, THE SECOND DEGREE MURDER IN PARTICULAR, HE HAS TWO COUNTS OF THOSE, I UNDERSTAND. EACH ONE OF THOSE CARRIES UP TO 30 YEARS. MINIMUM I THINK OF TEN NOT INCLUDING THE OTHER CHARGES. SO BOTH OF THESE INDIVIDUALS ARE POTENTIALLY FACING THE REST OF THEIR NATURAL LIVES IN PRISON. I THINK LAW ENFORCEMENT IS STILL HAVING TO COMPLETE THEIR INVESTIGATION. BUT THE CRIMINAL NEGLIGENCE ASPECT IS VERY, VERY FACT DEPENDENT AND ALL WE KNOW RIGHT NOW IS THAT HE IS ALLEGEDLY MADE THIS FIREARM AVAILABLE TO HIS SON. SO WE NEED TO FIND OUT SOME ADDITIONAL DETAILS. NEEDLESS TO SAY, THE FACTS AS ALLEGED AGAINST BOTH OF THESE GUYS APPEAR TO BE VERY, VERY DAMNING FOR BOTH OF THEM. >> Dana: THERE IS AN ADDITIONAL COMMENT IN THE AUDIO WE PLAYED FROM THE FATHER AND THAT POLICE HOME VISIT FROM 2023. LISTEN TO THIS BEFORE COLIN GRAY, THE FATHER OF THE SHOOTER, GOES INTO COURT. LET'S LISTEN. >> HE KNOWS THE SERIOUSNESS OF WEAPONS AND WHAT THEY CAN DO AND HOW TO USE THEM AND NOT USE THEM. SO IT IS KIND OF A -- IT'S KIND OF A LITTLE BIT OF A SHOCK. SO IN WHATEVER YOU ARE TELLING HIM PLEASE INSTILL IN HIM WHEREVER THIS IS COMING FROM, IT'S NO JOKE. IT IS NO JOKE. >> WE WOULDN'T BE HERE IF IT WAS. >> I KNOW. I'LL TELL YOU RIGHT NOW WE TALK ABOUT IT QUITE A BIT. ALL THE SCHOOL SHOOTINGS. THINGS THAT HAPPEN. ARE YOU GETTING PICKED ON AT SCHOOL? HE IS. HE IS GETTING PICKED ON AT SCHOOL. IS EVERYTHING OKAY? THAT'S WHY I KEEP GOING UP THERE. YOU JUST NEVER REALLY KNOW. I DON'T WANT ANYTHING TO HAPPEN TO HIM, SO -- YEAH. >> Ainsley: AS I UNDERSTAND IT, THOUGH, THEN THE POLICE, PROSECUTORS ARE LOOKING AT THAT SAYING THERE WAS PRIOR KNOWLEDGE ABOUT THIS. >> WHEN I SAY IT'S FACT DEPENDENT, THAT'S ONE OF THE FACTS THAT IS OBVIOUSLY GOING TO BE VERY KEY. IF HE HAD NOTICE AND HE WAS -- HE HAD ADVANCED KNOWLEDGE THAT HIS SON MAY HAVE MADE THESE KIND OF THREATS AND THEN HE LATER PROVIDED HIM A FIREARM OR ACCESS TO A FIREARM, THAT'S OBVIOUSLY, I THINK, WHAT'S DRIVING THE CHARGES AGAINST THE FATHER. YOU KNOW, THERE IS OTHER THINGS TO CONSIDER, THOUGH. THE INVESTIGATION IS GOING TO HAVE TO DETERMINE DID HE HAVE MORE THAN ACCESS, WAS HE ABLE TO HAVE AMMUNITION? WAS HE ABLE TO ACCESS THESE THINGS WITHOUT ADULT SUPERVISION? EXACTLY HOW WERE ANY WEAPONS STORED? AND WHAT SPECIFICALLY OTHER THAN THAT MAY 2023 INCIDENT, WHAT OTHER INFORMATION MIGHT HAVE BEEN KNOWN TO THE FATHER? THESE ARE ALL GOING TO BE PARTS OF THE INVESTIGATION. THE JUDGE JUST SAID THERE WILL BE A PRELIMINARY HEARING SET FOR A COUPLE OF MONTHS FROM NOW. THAT'S A MORE DETAILED EXPOSITION, IF YOU WILL, OF THE FACTS OF THE CASE. IT IS CALLED A PROBABLE CAUSE OR COMMITTAL HEARING WHERE WE'LL HEAR IF THAT HEARING IS NOT WAIVED WE'LL HEAR EVIDENCE FROM LAW ENFORCEMENT UNDER OATH ON THE STAND AS TO ALL THE FACTS AND CIRCUMSTANCES THAT JUSTIFY THE WARRANTS IN THE CASE. THE JUDGE WILL HAVE TO DECIDE IF THERE IS ENOUGH EVIDENCE AGAINST THE FATHER AND SON ACTUALLY TO PROCEED FOR FURTHER COURT PROCEEDINGS. >> Bill: IT APPEARS THE MOST DAMNING THING THEY SAID LAST NIGHT THE FATHER KNOWINGLY ALLOWED HIS SON TO PROCESS A WEAPON. AGE 13 AND 14 NOW.