If you spit on my officer again, we're going to add an additional charge. Do you understand that? >> Do you understand? >> Police brutality. >> Shut up. Did you eat too much watermelon last night? Is that what it is? >> The more you raise hell, the less we do for you. You're not going to see better until we get you booked in. >> Do you pay 104 contact? >> What's going on, my man? >> I'm looking for United States Navy vet. I'm looking for those little mobility scooters. >> Okay. Um, hold on just a second. Okay. Will you hold on? >> Yeah. Yeah. Hold on just a second. Okay. So, uh, they're telling me that y'all had an incident in the back where you were being disorderly with people in the back of the store. >> No. Okay. What's your name, my man? >> Uh, Hank Blair Wittenberg. >> Hank Blair Whittenberg. Okay. Um, here. Step over here for me real quick. >> I'm I'm fine where I'm at. >> Okay. >> Appreciate it. 62 central 27 out of Texas. >> So, what happened, man? >> I'm trying to get medicine. My toe is in bad shape. >> Okay. Come on. Way. >> You want to see my toe? >> Five out of Texas. >> Do you want to see my toe? >> No, I'm okay. Um, >> you're with a >> Yes, sir. A's car. >> Do you know uh Appling? >> It sounds familiar. >> She's in the jail. I don't know. So that would be >> you know John John Q. Williams. >> Yeah. He's the sheriff at for that would be So I'm a um >> How long you been with them? >> About two years. But I'm a county like a county police. Not I'm not a sheriff's deputy. >> So >> y'all have so many different types of police. >> We do. We do. >> So you don't work for the sheriff's department? >> No, I work Clark County Police Department. >> There's such a thing. >> Yep. >> Clark County Police. >> Is this Clark County? >> Yeah. This is not an incorporated area. >> No, >> it's not a city. >> No, I have jurisdiction in all of Clark County, though. >> Yeah. Yeah, but is this a city at all? >> No, we're outside of the city limits. I believe >> that's why you're here. >> What do you mean? >> Well, this is your >> central. Will you see if you can get the caller to meet me at the front? >> Are you wanting to take me to jail? >> No, I don't want to take anyone to jail. So basically, they called and said that you were being disorderly and you were throwing out like racial slurs and stuff like that. So I'm going to talk to them, see what they want to do. If they want to just have you leave, if they want to have you barred, see what they want to do. >> But I got I'm trying to get my medicine that my toe. >> I understand. >> My doctor told me that it may be amputated. >> Okay. >> Including the foot. >> Okay. >> Can I show you this? >> No, I don't care to say it's okay. >> Do you trust me that what I'm telling you? >> I mean, I I I understand that your foot's probably hurt. No, it's there's a hole in it that big around. >> Well, that sounds >> United States Navy veteran. >> Did you serve? >> Park County Police. >> Did you serve? >> No. >> Thank you for your service. >> I appreciate it. >> As a county police for two years? >> Yep. Well, just just over two. >> How old are you? >> 30 something. >> I don't know how old you are. >> 51st Basic Peace Officer Academy, 1992. >> That's impressive. Is it impressive because you were in diapers at the very best? >> Probably. Yeah. >> If you were you born in '92. >> Yeah. >> You were in diapers. >> Yeah. >> Okay. Young. Are we done? >> No, not yet. >> Well, let me leave. >> No, not yet. >> Take me to jail. >> No, not yet. >> United States Navy veteran and don't you forget it. >> Okay. >> Hello. >> Oh, okay. Let's not go there. Okay. >> If you don't like it, take me to jail. >> Take me to jail, bud. >> If you don't like it, >> what are you going to do? >> Okay. >> If you don't like it, >> I need you to stop being disorderly in public, please. >> Take me to jail. >> Just take them for disorderly. >> I'm We got kids in the store. >> Are you going to stop? I'm sitting here trying to get medicine for my toe that might be cut off. >> Okay. Well, you're screaming out racial slurs with a whole bunch of people around and kids and >> what was that? >> I was talking to this >> and I'm asking you what did you just say to her? >> What did I say to you? >> You you you have no issue saying it. So, go ahead and tell them what you said. I I'll tell you right now, if you throw out another racial slur with people standing here, you're going to go to jail. So, stop. >> Okay, come here. 1095. >> Who's our caller? And do they want them barred? No, you're going to stand right here. >> No. >> Are any of you authorized representatives to store so you can bar somebody? I need one of you to do so, please. >> He just spit in my face. >> Oh, okay. On top of that, >> police brutality. Police brutality. I got my stuff in there, too. I got a chair and a phone charger. Police brutality. >> Have a seat. >> What? >> Police brutality. >> I'm going to search him. >> Search him. Okay. >> If you spit [clears throat] on my officer again, we're going to add an additional charge. Do you understand that? >> Do you understand? >> Police brutality. Shut up. I just need one person to tell him that he's barred from the store and how long for. We representative to do that. >> So, let me ask you real quick before I put you in the car. You got anything you shouldn't have shoved up your ass or anywhere else? >> You have one? >> Not right now. >> I better You have anything I can wipe my face off with? >> Yeah, absolutely. Do you have your ID with you? >> My fine. >> What's your name? >> Put him in the car. I'll handle that. >> I need my >> Shut up. >> Okay. M just let him know how long he's barred for. >> Hey, I'm a call with asset protection. You will be barred from this location for approximately two years. >> Thank you, ma'am. >> All right, buddy. So, when you spit in people's faces, you get a what what we like to call a spit mask. Okay. >> Are you going to lose my hat? >> Stand up. >> You have his ID, right? You >> lose my hat. I need to keep that hat. So this happens when you spit in people's faces. Yeah. See your nose is not covered. You can breathe. Sit down. Sit down. >> Hey, Captain. This lovely gentleman just spit in uh Officer Young's face. >> I'm going to get my hand sanitizer. >> So he's spit mask for now. Get you some. >> I got some hand sanitizer I'm wipe my face off with. >> Does he have any other property that needs to go with him? >> There's a bag and a chair back there, but I don't know what >> where where in the store is it. >> I'll go grab that. Yeah, that's fine. I just I just need to get him out of here. >> Yeah, if you will. Um, >> we can log his stuff in property. >> That's what I was going to say. I I'll submit it into evidence for property. >> That's fine. It'll go into evidence. >> All right. >> Yeah, it went my eye. >> Sorry about that, boss. >> It's all good to happen. >> Thank you, my man. >> If it's unopen, I'll uh I'll buy them when I'm when I'm on the way out. >> That's yours. >> You sure? >> Took care of it. >> I appreciate it, man. Hey, Shane. >> Hey. >> Oh, we're taking him. He just spit in uh Young's face, so he's going. >> I just wanted to get an eyeball of him. >> Um yeah, you might look and see if you've dealt with him before. >> Everybody else has. This is the six call on him. in uh a month. So, all right, now I know what he looks like. See what he looks like, too. >> Hey there. >> All right, we got him. >> Thank you, guys. >> Hi, dude. >> Do I need to sleep in? >> Are you going to spit on me? >> Hey, Rick. Hang tight. >> Will you come and help me seat belt him in, please? call you out of the jail. Are you good? >> Hm. Are you guys wanting to talk to him? >> No. >> Yeah, we just want to see who he was. >> Okay. Yeah. No, I I think I'll be all right. Thank you. >> The VA told me I have slight PTS. I don't like to think of it as a disorder, so I just call it post-traumatic stress. According to the United States Navy, I'm a weapon. I don't consider myself that, but I don't anybody riled up either. Are very violent. I'm from Texas, so I'm a Texas United States Navy veteran. Hey, keep your eye on the road. Hey, this buddy of mine, he happens to be an African-American, but he owes me a meal up here at Waffle House. His name's Anthony. He's a nice guy, though. Black is the ace of spades, but he's not a like you. He's a nice guy. I I gave him $100 and he gave me a ride. He said, "Hank, come on back to Waffle House anytime you want to eat." Friend of mine, Anthony. He's not violent though. I don't know why. He's just not. He's just one of them good old boys. Southerner from the South. He's not a He's not Yankee trash. And he's not a You wouldn't call him a his face. Of course, he would give his name, but since you don't give your name, I can't call you by name. So, I I I'm guessing you're just generic, plain, but I'd love to know your name and badge number. And believe me, I'll know it before it's over with. And my lawyer will know it before it's over with. Did you hear that? Did you hear that? I'll call you by sergeant or patrol or whatever you want me to call you. I just need to hear it come out of your mouth. I don't even need to know your name. Is it patrol? Is that how cop? I can't hear your head. I need to hear your voice. What is your title? What is your title? Patrol. I can't hear you. Cat got your tongue. Did you eat too much watermelon last night? Is that what it is? Or did that mama of yours train you to be violent? Okay. Patrol officer. No name. But for short, we'll just call you patrolman. Oh, I forgot. You're a woman with no military experience. Yankee patrol officer trying to get Brian Kemp reelected. Oh, you're a that other lady. What's her name? Oh, you're a Purdue. A Purdue gal. What's that lady's name? >> Will you have a deputy meet me in the Sally Port, please? >> Probably be a good dang governor of Georgia could vote, but uh Kemp said they can't. He said, "We're going to take our ballot boxes and we're going to let white people vote." And if you're a from another state, a Yankee state in particular, you don't get no vote. Take it up with Brian Kemp, the governor of the state of Georgia. If you don't like it, >> I got one male and I'm requesting somebody meet me in the sally port, please. >> Sigma 35. >> Yeah, he's also spit on one of my officers already. >> Okay, >> thank you. >> Oh, you must be a sergeant. How about that? I don't see any stripes, though. Well, all I see is blue. So, I guess you're a patrol officer. Said my officer like you owned him. I've never known I own anything in the state of Georgia. It's a white man, but I guess you own him. I wouldn't doubt it. Probably paid good money for him. How many jigalos have you had in your day? >> Is that a better word? That's not That's not racial. >> 65. >> Patrolman from Virginia. Big fat. They bring a lot less than a white. Got 20 bucks for a [ __ ] How much do you charge? >> You got Hank Wittenberg. >> Oh god. >> Hank Blair. >> Enjoy. >> You missing me back. >> Are you going to keep away from me? >> Don't worry. He don't like me neither. >> Thank you kindly. There you go. >> That's it. >> You're welcome. >> Good. >> Ask [clears throat] [cough] like me last time. Oh, he's he's been mauy the entire time. The whole ride over. >> I was all kind of all kind of >> Oh, yeah. Same. Same. Uh, apparently I'm >> see me cuz he seen me when I live here. He was walking and I stopped. I said, "Oh, you still feel that way?" Never. I >> No. Get away from me. Get No. >> Oh, I I have been I have been called all kinds of nwords. I was told that I was violent. Apparently, Cat got my tongue cuz I refused to answer him. And uh so he said, "I want to call you by your name, but I can't cuz you won't tell me your name, so I'll just call you the N word." Well, all right then. Told me that I was violent. Said that I was a Said that my mom was a taught me how to Oh, apparently I couldn't talk cuz I ate too much watermelon last night. >> Lord, >> yeah, he's been he's been quite colorful today. Oh, good. >> Not today. Don't worry about it. >> Huh? >> Oh, I'm talking to him. >> Do you want some watermelon? Want a watermelon? >> Shut up. Shut your goddamn ass. Oh, >> y'all going to have to call EMS out here. I'm not taking him to the hospital. >> Charges, >> a disorderly conduct, as you can tell, and um simple battery and law enforcement for spitting on one of my officers face. >> Okay. >> Oh, >> not that that's okay, but >> No, I mean that's not okay. >> Were you enlisted? >> Were you tank, sir? My name >> officer tank. I want you to show [clears throat] you. >> Yes. Would you like to get married? >> Get married soon. Yes, sir. >> Are you going to marry [laughter] a white man? >> White man. I don't know if you know this or not, but you're hurting my ears. >> Are you not medic? >> You tell the nurse. >> Oh lord. >> Got out of jail. >> I'm sorry. >> He needs to be clear. >> That's what I need. My medicines are out. >> Come back. that they need. >> Who's they go to? >> As long as you drop him at the hospital. >> Drop him at the hospital. >> I just made a statement yesterday to an attorney that no, we do not have any gang to jail. >> Okay. Well, let me go get my cell phone so I can let my supervisor know. Y'all let me back in, please. >> Okay, >> just kidding. I'm not coming back in. >> Don't let me out. I'm not coming back. B. >> Hey, I just want to let you know that I'm going to be tied up on this for a little bit. The uh gentleman that we arrested out at Target that spit in Young's face. Uh took him down to the jail. They're refusing him because he's got some kind of issue with his foot. So now I'm going to have to take him over to regional. Evidently, he's got a hole in his foot that apparently was there from the last time he was released from 600, but now he's got to get it cleared with regional before he can come back. >> Okay. [laughter] >> I thought we were friends. >> Gives about your foot. I give about your foot. You don't mean you don't. We don't till you >> Yeah, I am. >> I don't mean all that. But the more you raise hell, the less we do for you. You're not going to see medical until we get you booked in. >> Do you want me to tell you what? >> I don't give a what you say. >> I don't. >> You know what? And guess what? Shut this door. Leave it. You can go. Never mind. I'll come back and get cuffs later. >> Picture yourself walking down the aisle of your local grocery store or retail outlet. You have your kids with you. Or maybe you're just grabbing a prescription after a long day at work. Suddenly, the air is shattered by screaming. Not a cry for help, but vitriol. Hateful racial slurs being hurled at shoppers and staff alike. Your heart rate spikes. You look for security. You wonder, is this legal? Can someone just scream this stuff in public? We often hear the phrase freedom of speech thrown around as a shield for the most abhorrent behavior. But today, we are going to look at a case that draws a very sharp, very expensive line in the [music] sand. We are going to examine what happens when an individual decides that their right to be loud supersedes everyone else's right to be safe. And what happens when that entitlement turns into physical assault on a police officer? On May 25th, 2022 in Athens, Georgia, officers responded to a Target store for a man who wasn't just causing a scene, he was terrorizing the employees. What follows is a master class in police patience, a textbook example of how racism is used as a weapon of intimidation, and a harsh lesson in the legal consequences of spitting on a badge. This video matters because it dismantles the myth that you can say whatever you want, wherever you want. It matters because it shows us the immense restraint required of modern police officers when faced with vile racial abuse. And it matters because by the end of this analysis, you will understand exactly how a disorderly conduct ticket escalates into a violent felony charge. As we dive into this, I want you to ask yourself a difficult question. If you were the officer in this video, specifically the officer being targeted with racial slurs and bodily fluids, would you have been able to keep your hands to yourself? Before we dissect the legal mechanics, let's establish the timeline of what you've just watched. The incident takes place inside a target in Athens, Clark County, Georgia. Officers are called to the scene regarding an older male, later identified as Hank Blair Wittenberg, who is reportedly yelling racial slurs at customers and staff near the pharmacy. When the primary officer arrives, the tone is deceptively calm. Wittenberg is sitting on a motorized scooter, appearing somewhat frail. He immediately plays the veteran card, mentioning his service in the US Navy, and attempts to deflect the investigation by talking about a medical issue with his toe. However, as the officers attempt to investigate the complaint, Wittenberg's demeanor shifts. He becomes belligerent, refusing to acknowledge the disorder he caused. The situation escalates when he refuses to leave, demands to be taken to jail, and then in a moment that seals his fate, spits in the face of a female officer while hurling racial epithets at her. The officers then place a spit hood on him, a mesh device designed to prevent the transmission of communicable diseases and stop further [music] assault. The video concludes with a transport to the jail and subsequently the hospital during which Wittenberg unleashes a torrent of racist abuse, calling the officer the n-word, making references to watermelon and claiming police brutality despite being the aggressor. He is ultimately charged with disorderly conduct and simple battery on a law enforcement officer. But those words on a charge sheet don't capture the intensity of what happened. To understand that, we need to look at the law. One of the most common misconceptions in American society is the scope of the First Amendment. You will often hear suspects in these videos scream, "I have freedom of speech," as they are being handcuffed. Let's be crystal clear. The First Amendment protects you from the government persecuting you for your speech. It does not give you the right to stand on private property like a Target store and scream obscenities that disrupt business operations. In Georgia, as in most states, this behavior falls under disorderly conduct. The statute generally defines this as acting in a violent or tumultuous manner toward another person, whereby a reasonable person would be placed in fear of safety. It also includes fighting words, words which by their very utterance tend to incite an immediate breach of the peace. When Vittenberg stands in the pharmacy line shouting racial slurs at other customers, he is not exercising free speech. He is breaching the peace. Target is a private business. They have revoked his license to be there. Once he refuses to leave or stop the disruption, he is trespassing and acting disorderly. But the legal line is crossed from nuisance to violent criminal the moment he spits. In the eyes of the law, spitting on someone is battery. It is an intentional offensive physical contact. When the victim is a police officer acting in the line of duty, that charge is elevated. It doesn't matter that it's a just spit and not a punch. Bodily fluids carry disease. Spitting is considered one of the most degrading and biologically dangerous forms of assault. Legally, the moment that saliva left his mouth and hit Officer Young's face, the entire dynamic shifted. The officers no longer needed to debate him. They no longer needed to ask him to leave, they had probable cause for a violent crime. Any negotiation regarding his toe or his veteran status ended right there. Throughout the video, Wittenberg repeatedly cries out, "Police brutality." He screams it while he is sitting in a chair. He screams it while officers are standing 3 ft away from him. He screams it while he is safely buckled into a patrol car. We see this tactic used constantly in body cam footage. Why? Because suspects know that police brutality is a trigger phrase. In the age of viral media, shouting those words is an attempt to summon a crowd, to get witnesses to pull out their phones, and to make the officers hesitate. It is a weaponization of real social issues for personal gain. However, in a court of law, police brutality has a specific definition. It falls under excessive force. The standard comes from the Supreme Court case Graham versus Connor, which asks whether the officer's actions were objectively reasonable given the facts of the moment. Let's apply that standard here. The suspect was verbally aggressive and then spat on an officer. He was passively resisting commands and actively assaulting via spitting. Did the officers beat him? No. Did they tase him? No. Did they tackle him to the concrete? No. The officers actually use less force than the law arguably allows. When a suspect spits on you, that is an active assault. Officers are generally trained to secure the suspect's head or take them to the ground to prevent a second assault. In this case, they simply handcuffed him and applied a spit hood. The disconnect between Vittenberg screaming brutality and the video showing officers gently adjusting his seat belt is glaring. [music] This is why body cameras are just as important for police protection as they are for citizen protection. Without this footage, a claim of they beat me up might hold weight. With the footage, the claim is laughably false. Real police brutality involves force that is disproportionate to the threat. What we see here is a suspect desperate to be a victim, finding out that the camera is an impartial witness. Now, let's evaluate how the officers handled this. This is a complex interaction because it shifts from a wellness check vibe to a violent arrest very quickly. The primary officer starts with what we call rapport building. He hears the suspect mention the Navy and he engages with it, thanking him for his service and listening to the complaints about the toe. This is good policing. He is trying to deescalate. He is giving Vittenberg a chance to vent and leave voluntarily. If Wittenberg had simply said, "Okay, I'm leaving." He likely wouldn't have been arrested initially. The officer gave him an offramp. Wittenberg is incredibly provocative, insulting the officer's age and intelligence, but the officer remains conversational and doesn't take the bait. This is crucial because it shows that the arrest, when it finally comes, is based on the law, not the officer's feelings. The use of the spit hood is controversial to the general public, but it is standard safety equipment in policing. It does not restrict breathing. It merely catches fluids. Once Wittenberg spat, applying this device was not only appropriate, it was mandatory for the safety of the transporting officers. There is a moment later in the video where officer Young, the victim of the racial abuse and the spitting, vents to her colleagues. Some might argue this is unprofessional, but from a human perspective, it is a necessary release valve. Police officers are not robots. Being called the n-word repeatedly and having a stranger spit in your eye is traumatic. The fact that she maintained her composure in front of the suspect is what matters legally. Venting to a supervisor afterwards does not violate the suspect's rights. It just shows the human toll of the job. We need to talk about the role of racism in this video. Wittenberg doesn't just use profanity. He uses specific historical and hateful racial imagery. He calls the black officer a [ __ ] asks if she ate too much watermelon, and questions her intelligence based on her race. Legally, does this change anything? While hate speech alone isn't always a crime, it provides context for the intent of the crime. When he spits on her, the defense might try to argue it was accidental or a spasm or just talking. The racial slurs prove malice. They prove that he targeted her specifically because of who she is. This makes the prosecution's case for battery much stronger. Georgia also has a hate crime statute that allows for enhanced sentencing if a crime is motivated by bias against race, color, religion, etc. By coupling the physical assault with explicit racial slurs, Wittenberg opens himself up to these enhancements. He took a misdemeanor situation and painted a target on his own back for a much harsher sentence. Furthermore, judges and juries are human. a disorderly conduct case involving a grumpy old man might get dismissed or result in a small fine. But when the evidence shows that same man calling a female officer the n-word, the reservoir of judicial leniency dries up instantly. His racism eliminated any chance he had of being seen as a confused elderly veteran. If you watch enough body cam footage, you start to see patterns. Hank Wittenberg fits a very specific archetype that police encounter frequently, the entitled instigator. He repeatedly mentions his status as a p United States Navy veteran as if it is a punctuation mark for his sentences, attempting to use his past service as a shield against his current behavior. He believes that because he served, he is exempt from the rules of civil society. This is a common manipulation tactic that puts the officer in a bind, but the officer handles it perfectly by acknowledging the service without letting it excuse the abuse. Vittenberg also displays weaponized victimhood, flipping the script to claim he is the one being mistreated despite screaming slurs and spitting on people. This is Darvo. Deny, attack, and reverse victim and offender. He is trying to gaslight the officers and bystanders into thinking he is the victim. His attitude implies an I pay your salary mindset, quizzing officers on jurisdiction and treating them like subordinates. Recognizing these patterns helps us understand that this wasn't a mental health crisis in the traditional sense. This was a crisis of ego. So where does this leave Mr. Wittenberg? He faces a baseline charge of disorderly conduct for breaching the peace in target. More seriously, he faces simple battery on a law enforcement officer. In Georgia, this is usually a misdemeanor, but when committed against a police officer engaged in their duties, it is a misdemeanor of a high and aggravated nature. This can carry up to 12 months in jail and significantly higher fines. Because it involves bodily fluids, the court often mandates testing for communicable diseases like HIV and hepatitis, which is another humiliating and invasive consequence for the suspect. The video ends with the officers discussing taking him to the hospital because the jail refused him due to the hole in his foot. Some viewers mistake this for him getting away with it, but he is not. When a jail refuses an inmate for medical reasons, the police must take them to the hospital for clearance. He is still under arrest, likely handcuffed to the hospital bed, and once a doctor signs off that he is stable, he goes right back to the jail. Beyond the legal charges, Wittenberg has been formally trespassed from Target and is barred for 2 years. If he returns, he goes to jail immediately for aggravated trespass. He has lost his shopping privileges, his freedom, and his dignity, all because he couldn't stop running his mouth. As we wrap up this analysis, I want to return to the human element of this encounter. We saw officer Young, a black female officer, subjected to some of the most vile, archaic, and hateful language imaginable. She had spit running down her face. And yet, she did not strike him. She did not scream back. She did her job. This video is a testament to the discipline that we demand from law enforcement. But it is also a mirror for society. Hank Wittenberg felt comfortable acting this way in a public store. He felt entitled to demean people based on their skin color. He felt that his status as a veteran gave him a pass to assault a woman. If the officers had just walked away, if they had said, "It's just words. Let's leave him be." What message would that have sent? It would have told every shopper in that store that hate speech rules the day. It would have told the employees that they are not safe at work. The arrest of Hank Wittenberg wasn't just about punishing a crime. It was about reestablishing order. It was about saying that in a civilized society, you cannot behave like this, no matter how old you are or what uniform you used to wear. It begs the question, if we tolerate intolerance in public spaces, do we lose the spaces altogether? I'm curious to hear your thoughts in the comments. Do you think the officers showed too much patience before the arrest? And how would you have handled the ride to the hospital with someone screaming those things at you? Be safe, know your rights, and treat each other with respect.