Why do I have to get arrested and he doesn't? He put his hands on me first. Okay, let's have a seat back here. He put his hands on me first. He put his hands on me first. August 18th, 2025. Deputies respond to a domestic disturbance at a Wisconsin apartment. Both parties called police. Both admitted to using physical force. Only one was arrested. Hi. I'm Deputy Lenzmeier. Are you on the phone with our dispatch center? You can hang up the phone, okay? Do you have an ID on you? Um What's going on today? He kicked me out. He just put his hands on me and then like I put my hands on him and then yeah. Okay. Where'd this all occur? His apartment. Where's his apartment? Just right over there. Okay. >> Then he called the police on me, too, because >> What's the phone number for you? >> [snorts] >> Are you injured at all? Um no, I don't think so. So, you Your address is in your address? >> No. What's your address over there? Or no, like my address or >> Yeah, your address. So, you don't live over there, he lives over there? Uh well, I did live over there. Okay. All right, just give me a minute, I'll be right back with you. She said she lived over there. And then she gave me an address. What's up? Um they got in a physical fight at the address over here. Hello, I'm Deputy Stone with the Sheriff's Department. What are you injured at all? No, I don't think so. Okay, do you have a need for rescue to come check out at all? No. Okay. What happened? Um he kicked me out and then he put his hands on me and then I put my hands on him. Okay. When you say that, right, I I can kind of depict what happened, but what specifically? What I guess what led to the argument? >> I slammed the the dresser drawer and then he picked me up and started like throwing me on the bed and started like pushing me down and stuff and then like I started kicking him to get me off. Okay. What what caused the argument or what Cuz he kicked me out. Okay, so he just woke up one morning and was like, you got to Yeah, he said he needs space. Okay, he told you to get your stuff and get out. And then what happened? Oh, [laughter] and then I just started packing my stuff and then there was slamming doors and he got mad at me for that. Okay, so you were slamming stuff just like frustrated or >> Yeah, like just like dresser drawers like Okay. What happened with your stuff? >> but like Closing them hard. Closing them yeah, like Okay. And he didn't like that. No. And what did he do? That's when he grabbed me and then started throwing me on the bed and then Like from behind you? >> he like grabbed me like this and then like up and then like grabbed me and then threw me and then um I started kicking him and stuff. To get him off. Okay. Cuz he was like he was on top of me and then like there was another time I slammed the door again and he like grabbed me like by my back of my arms and then like picked me up and then threw me again. Okay. On the floor or on the bed? >> again. Okay. Um All right, your arms anywhere else? Do you notice any injuries or anything to them? >> I don't think so. Okay, I'm not seeing any redness or anything. I'm not saying that didn't happen, but >> Yeah. Um the mark on your neck, what do you know what that's from? No, no, I have no idea what that is. Did he grab your neck or anything at any time? >> Like he like choke hold me like with like Were you able to breathe? Yeah. Okay. Did it cause you pain at all or was it just more like trying to pull you away from him? >> I was like well, I was pulling away at the same time so like Okay, so Kind of like he trying to control you, you trying to get away from him and >> Yeah. Okay. All right, you're sure you don't need a rescue or anything? >> No, I'm Okay. Did you do anything other than kick him to get you to get away or get off of him? >> Um yeah, after I slapped him. Okay. When did you slap him? At what point? >> I don't remember. I know it was after like after he got off of after he got off of me, I slapped him cuz why are you touching me like Yeah, mhm. I don't know. Okay, so it was after you were closing doors. Yeah. >> going to reiterate what you told me, but he woke up in the morning, he said I need space, told you to start packing your stuff. You guys had argument about the moving out part. >> Yeah. You proceeded to get all of your stuff. It looks like it's in your car for the most part. >> Yeah. But while packing, you were just closing things, he didn't like that. In order to stop you from pushing or closing things shut, he grabbed you from behind, threw you on the bed. Somehow now you rolled over on your back and started kicking him off to get you off. >> Yeah, I like >> Did he get off of you then? He a little bit or like for not for a little bit he didn't, but then after I kicked him in the neck, he did. Okay, so you kicked him in the neck but to get him off of >> Yeah, yeah. And then you stood up, slapped him. Yeah. And then proceeded to continue to pack things. >> And then I started slamming doors again and then he got mad again and started Grabbing you and >> Grabbing me again and threw me again. Okay. Nothing else after that, you were able to get your stuff, get it out to the car. I kept asking him what I did wrong. Okay. How long have you guys lived together? Like a month. Okay. About two. You guys have any kids together? No. Okay, have you lived together with him before this? >> No. Okay. Where are you currently or where would you be going? What's >> My mom's house. >> Where's mom live? Yeah. Okay. What's a phone number for you? For me? So, I'm going to give it to dispatch. Uh Bailey Ann, is that correct? Yeah, but just Bailey. You go by just Bailey? Mhm. Okay. Was there anybody else there? No. Just the two of you or was it like somebody's mom or >> my best friend was on the phone with me or well, his sister, which is my best friend, was on the phone with him and he she was telling her to call the cops because I kicked him and was hitting him or something like that, but I was just trying to get him telling him to get trying to get him off of me and uh uh she heard some of it and I don't know what she heard, but she heard us arguing. Okay. That mark on your neck kind of looks like a older bruise just based off of the color. It's almost got like yellow in it already. You don't remember anything that that would be from? No. So, it doesn't look like there's any other marks on your neck, but um when he grabbed you by your arms, did he use like his fingers or was it like a bear hug? By the arms, he grabbed his fingers. >> Okay. The second time. Was it would you say it caused you pain or was it just >> cuz I have a I have an implant right here and it like it was like pushing on it. Okay. That hurt, but Um during the argument, was there anything else said? I mean, or was it just him telling you to get out? >> was lots of stuff said. Okay, such as? Um well, I was saying a lot of mean things to him and he was saying I don't know if I want to share. Okay. Well, I mean, who knows what he's saying? That's why I just want to get the full picture so when I talk to the other officer if the other officer comes over here and talks to you um I can at least relay it. It's a lot of times he said, she said, right? >> Mhm. So, but fair to say just insults back and forth at each other, is that what it comes down to? Like profane insults, like cussing and swearing at each other? Loud voices? >> like more like loud voices um not really swearing. More like insults like oh, you I said he's got a small dick. All right. Yeah. All right, okay. And he got mad at that. Like mad to the point of what? Like he just started yelling. Okay. All right. Give me a couple minutes, Bailey. I will see if the other officer is going to come over here. It sounds like they're out with him over at the apartment. Are you guys both on lease or just >> No, just him. Just him. >> Yeah. Okay. Do you pay rent to him? Uh no. Okay. So, do you you live there full time? I mean, you got all this stuff in there, right? >> live there full full time. But I just wasn't on the lease. I got something on my record. You're 18 then? Yeah. How old is him? See what to you real quick. What's up? I can show you what happened real quick. >> Okay. We'll get to that. We'll kind of touch on things right now. Basically, I like end of June. And I gave her a house key. I said you can slowly like come in, make your peace. Like if you're if I'm working, you want to come over, you're allowed to. Mhm. And the last week we've been fighting. Um she haven't sleeping she broke my toilet by flushing it down the down the toilet and then posting about it as a joke. So right there was kind of my last straw and then maybe 20 minutes ago. Okay. So I came inside, said you need to leave. You're not on the lease. Like you can pick up your stuff and go. I need my space. I said if you're going to do this, we can, but I need space. Like I need to have my life back but this is not this is getting toxic. And then she started crying, throwing [ __ ] freaking out, slamming [ __ ] that's broken. And started slamming [ __ ] So I Then I never like tight tight grab you, sir? >> No, you can't. >> Okay. I guess you're just asking and I'll check in. So I kind of like picked her up. I never like punched her, never slapped her, anything. I just picked her up, tried to move her away from the [ __ ] she was trying to break. Okay. Um there is quite a mess up there. But then I took her [ __ ] and took it all down here outside. Then then you can ask the person I called and my landlords, they all heard it. She was out here making a ruckus, honking and throwing [ __ ] saying I beat her. I don't know she called I was going to call her mom to say like you need to get your daughter to leave cuz like I'm trying I'm trying to get her out of my house like I didn't lay hands on her or anything. And then her mom said she was going to call the cops, so I called the cops, too. So I I didn't want to call the cops at all. I just wanted to get her [ __ ] and get her to leave. All right. But after this I'm going to want to file a restraining order. I don't know if you guys can help me with that. That's supposed to be the court system and so we can touch on that at the end when we're all wrapped up. Okay. Cuz that's nothing that we can take care of right now. So how long has she been living here? She doesn't like live here but she's been staying here probably the last maybe three or four weeks. >> Okay. Where is her prime Where does she primarily live at? With her mom and that's it. Okay. The dog got The dog was just kind of hiding like that. All right. You said no one else is here? No, I don't know. No, no, no. I live here alone. The light first. I lose the water kind of a little Here's the water that So she threw a bottle of water flashed it at me. Um All this is putting this bowl was right here. Can't close right here. You want You got the bowl What's today's the picture of the whole thing? No, you're good, dude. And then how'd you get You said you might have some marks on your back? I I I I mean I'm just I I feel burning, so I don't know like Yeah, I didn't see anything on your back outside, but So all these clothes were up here you're saying? Yeah. I don't know. And you said you picked up the bowl and stuff? Yeah, yeah, yeah. I I was before she just left and I was on the phone with the police and I was trying to pick up a little bit, but then the guy said to leave everything there. I'm going to sneak past you. And then this was her as well? Yeah. So she was yelling and I'm like you need to get your stuff out and leave. Blah blah blah. She started [ __ ] just wham wham wham. And then she was right here, so I went like I grabbed my arms around her, picked her up and I'm like this and she started kicking and then slapped me and whatever else. I never like did any of that. All I did the most was like I don't know if you guys you guys battle fight with women. I hope not. Like if someone's laying a hand in your grill, the first thing you're going to want to do is like try to wrap her up. You're not going to put your hands on her. You're not going to abuse her. I'm not like that. All I wanted to do was for her to stop going crazy, throwing stuff, hitting stuff. All I did. All right. Well, we're other officers are talking to her and kind of getting her side of the story. Yeah. I'm pretty sure it's going to be some [ __ ] so Okay. What's a good phone number for you? Wisconsin statute section 968.075 is one of the strictest mandatory arrest laws in the country. When officers have reasonable grounds to believe domestic abuse has occurred and the conduct constitutes a crime, they shall arrest. No discretion. The statute defines domestic abuse as intentional infliction of physical pain or injury by an adult against someone they reside with or formerly resided with. Both parties confirmed cohabitation. Both confirmed physical contact. The statute was triggered. But when both sides used force, officers cannot simply arrest both. Section 968.075 subdivision 2AR requires a predominant aggressor analysis who drove the violence, not just who threw the first punch. The factors include history of domestic violence between the parties, the relative degree of injury, statements from witnesses, and critically, whether either person acted in self-defense under Wisconsin statute section 939.4-8. Here is where Bailey's case fell apart. By her own account, the boyfriend grabbed her and threw her on the bed. She kicked him to get free. He released her. And then after the threat had ended, she slapped him. That slap changed everything. Under section 939.4-8, self-defense requires that force be used to prevent or terminate an unlawful interference. Once he released her, the interference was over. Her slap was retaliatory, not defensive. The property damage compounded it. Officers observed broken items throughout the apartment. Bailey admitted to slamming drawers and doors. That is criminal damage to property under section 943.01, a class A misdemeanor, up to 9 months. Officers discussed the charges on camera. Disorderly conduct under section 947.01 plus criminal damage. Their exact words our hands are tied at this point reflect the mandatory nature of the statute. This was not a choice. Good? Good. Um I guess you just want to charge her with Yeah, but there's um We still do the criminal damage though. Yeah. We've got to do what we've got based on the evidence. Um he can say what he wants in the statement and he if we'll take that in consideration, but our hands are tied at this point. >> didn't know if we just do the DC or if we still do both. If I say it's got to go go both ways. I think we do Yeah. I throw both and they do what they want with it. Yeah, this girl is 18 years old and she's on a deferred prosecution agreement for a criminal offense. And then she has pending [ __ ] from California. Well, actually just underage drinking and driving in California. Interesting. DC resisting. That's what she was on a deferred prosecution agreement for, so It's not on her I'll give you this then. What's up? No, I'm not worried. No, I'm not worried. I mean you can do what you want. I know. Um I can call over to the DA's office and see what that that really means. I don't think it does. I think it's at I think it's only if she's arrested for another crime. Like say she was arrested, they can revoke that agreement, but I don't think it I don't think she's necessarily on bail right now. I don't think it's bail. Cuz I was thinking Hey, it's Sergeant Newman from the County Sheriff. Hi. Hey, so there's a female that we're out with with a She's on a deferred prosecution agreement. Um and does that mean she's on bail or does that mean that the bail's done and she's just if she gets arrested or screws up on that DJA, they resentence her? Can you look her up? Okay. So she's still on bond though. Okay. So a situation where she wouldn't be on bond, like just for future reference for me. Um that would be like found guilty and then DJA would be the sentence or how does that work? Okay. All right. Sounds good. That's all I needed to know. Thank you. Bye. Yeah, you're welcome. Bye. Yeah, so that's uh she's it's still an open case, so it would be still considered bail jumping. >> Oh, it is bail jumping. I didn't think you could bail jump. That's good. I thought it would just the day. Yeah, so if they dismiss it and then they enter into a DJ, then it would be considered no longer on bail, but they never dismissed it. They left it open. >> left it open. Yeah. So, they have they have charges or there's no other charge. Yeah, she would be bailed out to have charges. Hey Bailey. I just want to clarify with you. He's saying to the other officer that you don't live there, you keep stuff there. And that you actually live with your mom, is that true? >> lived This is all my stuff I have. Okay. And he literally like he can't ask me to move in, but he was like you should like slowly move in, so I was like okay, so I slowly moved in, brought all my stuff, and then now all of a sudden a month or two later he's like I need space. Okay, so how many how many days of the week would you say you stay there? All the all the time. I don't go home. Like I never go home. That's why like I live there. Like Okay. I He cooks for me. How long would you say that's been the case? Two months, a month, month or two. A month or two at the same place here? >> place, yeah. Okay. Since early July. Okay, why why would he be saying you don't live there? I don't I don't know. He He told me to me he was like you don't live here, you're not on the lease. I think that's probably what he meant. Okay, so he's just under the assumption that you being on the lease means you live there when Yeah. Okay. What what are you what what what are you looking at done today? Nothing, I just My mom just wanted to make sure I was okay. What's that? My mom just wanted to make sure I was okay, so she called the cops. Okay. All right Bailey, give me a couple of minutes. Okay. All right Bailey, can you be sitting by the car? I'll explain it to you. Can you face your car for me? Yeah. You're arresting me? Why? For what? >> explain that to you in a second, okay? >> What did I do? What did I do? Can you turn my car off? Yep, we'll turn it off. We'll get it all situated for you. Oh my god. You don't have anything in your pockets, Bailey? No. Okay. What did I do? >> happen to have a like a box lanyard for the apartment key in there? No, I don't. Okay, you don't know where that would be? I didn't have one, I just What do you want grabbed out of your car to Nothing. You got your cell phone? Yeah. Okay. All right, walk over to the car. Quick, I don't want you to stand. You want us to lock it? Wait, turn off the car. I don't I There's a different key. I don't know where it is. Um Can you just stand right in front of my car here? I want to get you to face that way. Oh. I just want to check your pockets. You don't have anything in them. It might be a my key in the wallet too. Like car key? Yeah, I don't think so. What did I do? What did I do? Yep, I'll explain that to you. I don't understand why Why do I have to get arrested if he doesn't? He put his hands on me first. Okay, let's have a seat back here. He put his hands on me first. Why do I He put his hands on me first. Watch your head. You hit the light right on my bag. You called 1080 when you were there, I know. I'll be 1080 when I'm there. 1080. Yep, give me 1 second. I I promise you I'll explain, Bailey, okay? >> Yeah. Yes. Um Is this her car keys? Yeah, I got a PC. Do you want me to search car or anything? I don't think they want to We're here and I want to say that. Then came the discovery that escalated everything. Officers ran Bailey's record and found she was 18 years old, already on a deferred prosecution agreement for a prior disorderly conduct and resisting charge with pending underage drinking charges on top. A deferred prosecution agreement under section 971.3-7 suspends prosecution while the defendant complies with conditions. Completion means dismissal. But a new arrest can trigger revocation and prosecution of the original charges. The critical question, is Bailey still on bail while on a DPA? The officer called the DA's office directly. The answer, yes. The original case was never dismissed. It was left open. Bailey is still on bond. That means this new arrest constitutes bail jumping under section 946.4-9. If the underlying charge is a misdemeanor, bail jumping is a class A misdemeanor up to 9 months and $10,000. A single domestic argument just multiplied into three or four charges. One more legal layer. The boyfriend claimed Bailey did not live there because she was not on the lease. Under Wisconsin tenant law, continuous habitation with the owner's permission establishes residency regardless of the lease. Bailey stayed there every night for 1 to 2 months with all her belongings. That is residency. The boyfriend could not legally perform a self-help eviction, but for the domestic abuse analysis. The only question is cohabitation and both confirmed it. Grades. The officers earn an A minus. A textbook domestic violence investigation, separate interviews, evidence documentation, predominant aggressor analysis, and the extra step of calling the DA to verify Bailey's bond status. That phone call was above average diligence. The deduction. Bailey asked, "What did I do?" multiple times before anyone explained. The arrest was abrupt. While legally permissible, Miranda is not required at arrest, only before custodial interrogation. Explaining charges promptly reduces confusion and resistance. Bailey earns a C minus. Her frustration at being kicked out was understandable, but the retaliatory slap after the threat ended, the property damage, and the existing DPA created a legal catastrophe. She cooperated with the investigation and did not resist arrest. That kept her grade from dropping further. The boyfriend earns a D plus. He initiated the physical contact, grabbing, and throwing. He invited Bailey to move in, then abruptly evicted her. He told officers she did not live there to minimize her claim. He was not arrested only because Bailey's retaliatory force and property damage made her the predominant aggressor. Three takeaways. One, in a mandatory arrest the question is not who started it. It is who escalated it. Retaliatory force after the threat ends flips the entire analysis. Two, a deferred prosecution agreement is not a dismissal. You are still on bond. A new arrest does not just add charges, it can resurrect every charge you thought was behind you. Three, destroying property during an argument is not venting. It is criminal damage. Officers document what they see. Broken items become evidence and evidence drives charges. Let us know if there is an interaction or legal topic you would like us to discuss in the comments below. Thank you for watching and don't forget to check out our second channel, Street Body Cam, for more content.