'Gangstas and Thugs' granny defends grandson

Reporter: Chuck Weber

The grandma seen in the 'Gangstas and Thugs' video is sticking up for her grandson. The teen accused of putting her up to making the video was in court Thursday asking for a lower bond.

Detectives say Alfinez's voice prompting his 85-year-old grandmother Marie Huertas in the video.

In court, Alfinez's lawyer called a private eye, who took a handwritten statement from Huertas, stating, "I consented for him to film me as I was not forced... It was done on my own free will. I do not want to prosecute."

The undercover detective, who worked the case, recalls his conversation with Huertas. "She remembered the video, and, she said, that basically she was joking with her grandson. She was clowning around with him, so that he can fit in with others is the way she put it. So, if you do something clowning around to help somebody, you're consenting to do it. You're not being pushed to do it."

But the detective also says Huertas wasn't always coherent during the interview. And prosecutors produce a document signed by Huertas' doctor who says the grandmother does not have the capacity to consent and meets the requirements of a vulnerable adult.

Alfinez is also charged with firing a gun in public and vandalism based on the confiscated video.

Judge Lucy Brown keeps Alfinez's bond at $2,200 but does allow Alfinez contact with his grandmother while on bond which is important since the grandmother lives with the family.

So no bond reduction, but it is a victory of sorts since - if he does bond out - he can go home. He just can't be alone with his grandmother or discuss the case with her.