my son lives at the house right there with that message that reflector sign and I saw a guy coming down the steps black guy bald black coat went to the back and he just went back in with a Rake or a broom in his hand he can't go through the back cause we nailed it shut what he's gotta be in there just fixing drywall repairs bathroom gonna come and see oh so you got plumbing work to do all this back here he's supposed to be paying me he's working over here so I mean I've never had a guy break into a house and work on it okay hello officer thank you for coming my son lives at the house right there with that message that reflector sign and I saw a guy coming down the steps black guy bald black coat went to the back and he just went back in with a Rake or a broom in his hand he can't go through the back cause we nailed it shut what he's gotta be in there who's what's going on at the house it looks like my son lives there he's in jail okay so there's a guy in the house you don't know who he is no no no only me and two other people come and we've been cleaning okay I'll go find out who he is hey how are you not bad hey uh whose house is this that's his last name his name is uh Anthony Anthony yeah OK is he here no he's not here right now he should be back I think I think he might be in jail you think he might be in jail I think he might be in jail okay you don't live here though no you work for him or yeah did he send you here to work for him yes OK and what what are you doing for huh just fixing drywall repairs bathroom gonna come and see reason I'm bothering you uh you know his mother for miss yeah no I don't know her I know him wow she's down the street she came to check on the house and she basically called you in as a burglar really but you're you don't look like a burglar to me so I don't know where he's at yeah he's in jail is he really yeah still yeah that's what she said so she's been like hauling out of the curb and oh so you got plumbing work to do all this back here he's supposed to be paying me haha did you get paid up front he gave me what 400 + 75 or 70 what give me 35 bucks on top of that wow so how long's he been in and when's the last time you saw him I saw him about maybe a month ago oh OK he's supposed to be helping me with this or other stuff this brakes oh OK yeah I'm gonna let her know she's right up the street hey when's the last time she talked to she's coming over right now that way she knows you and you know her and all that hey when's the last time you talked to your son is he still in jail yeah he's doing some work for your son what he's doing some work for your son yeah drywall repairs who are you Rick Rick I don't know you Rick's drywall huh Rick's drywall he's actually working on the house in there yeah call me again I'm hard of hearing he's working on the house your son hired him my son hired you yes when did he hire you about a month ago did he give you a key and everything yeah well guess what we changed the locks ON OCTOBER 12TH, 2023 YOUNGSTOWN POLICE IN OHIO RESPONDED TO A CITIZEN BURGLARY CALL BUT THE SUSPECT WASN'T STEALING HE WAS PATCHING DRYWALL AND INSISTING THE INCARCERATED HOMEOWNER HAD HIRED HIM I don't know you don't know I have the key I was gonna put that new locks on this one that's not true we just changed the locks okay we put a brand new thing somebody broke a window the other day put their hand through there and tripped the lock got in stole seven bikes did you steal the bikes too no I'm working I thought the drywall I mean you see it I saw the chain you see it I was here yesterday that fence was not like that he's working on the house he's not working on the house I just got here this morning you see the drywall man he's are you taking ownership of this house no I'm just trying to help him for money he's paying I'm just working does he have any problems in jail yes your son paid him no tools I promise you I'm gonna do a good job no I don't know you from Adam okay well please I'll wrap up and be out of here as soon as you hear from him please call I wanna know how you got in the house if we just changed the the lock on the door that just happened a few days ago no he's lying I'm not lying well he's working over here so I mean I've never had a guy break into a house and work on it okay OK do you have a key for the house just trying to help do you have a key for the house OK why doesn't he tell his mother what you're doing you shouldn't go to jail well yeah that would help too this place is a freaking nightmare I mean good luck it's probably in here there's no way I had an individual key did you have to do this to get in no that was already done oh OK but you used the key to get in here today yeah hello this is something about the new locks on I assumed I was gonna put this one on so I don't know if that's the key there's all these keys well here's the point I didn't do that if you came in here I didn't do it and you use the key it's here somewhere okay I just gonna work it okay so if you have a key it's here yeah it's definitely here I swear it was a loose key but if you didn't open the door with the key it's this one I promise you I used the key listen if you didn't you need to tell me that OK I promise you because he could still have told you go over there just pop a window and work on the house he could have told you that OK yeah I'm doing drywall work I didn't know that uh she was gonna freak out like that I mean who breaks into a house and works on it it doesn't even make sense I mean you could see she doesn't know me but her son does and how did I know the last name I could have swore it was a single key you guys are more than welcome to come on oh hi I apologize I didn't know that she'd be stopping by so he's working or he's working oh he's got a plumbing thing going on upstairs working on the plumbing he's like yeah the guy hired me to do to give me money I'm over here he's gonna owe me money and she said I don't know anything about it and she's talking to someone have someone call her and I thought it was this house down here because they said she's parked in front of the house so many times yeah she's like half a block up yeah I'm like well she flagged me down up there and I'm like what the f*ck she's like yeah he's down the street it's a guy he keeps coming in and out of the house with a broom he's got a plumbing job going up there he's cutting drywall out here to patch the hole in the wall but he can't seem to find the key he used to get in here so he is a little screwy I give you my word the key is here somewhere I promise you it's here it's a single key oh Rick in the meantime you have some ID on you cause I'm gonna have to apparently this is gonna be a problem for me in one way or another I'm fine with that key OK very nice she's not gonna pay me well she don't know who you are so she sure isn't gonna pay you but Rick you got no idea with you alright what's your name Rick Yep Burke I'm gonna spell that for me uh B U R K I E m E R your date of birth December 23rd, 1982 you don't have a vehicle here no I don't my girlfriend dropped me off oh OK I just bought my tools in Rick's drywall is your business me pretty much start up OK I got you I'm just trying to make some scratch man I got you yeah I don't understand why she wouldn't let me just you know finish the bathroom yeah she doesn't know who you are and I assume she's talking to her son right now let me go run this and see can I show you the key that I have to that door cause I have the house key okay and there's no way he could have gotten in that house he's in it when did you talk to him about doing this job about a month ago okay he's working on the pipes in the bathroom up by the bathtub it's a plumbing job I already have a plumber working on that he's doing the drywall but the plumbing gotta be done first before the drywall I'm telling you what I'm looking at I don't know he says he's working with your son so I don't know I'm gonna figure out who he is though I'm gonna run him did you know he was gonna be going to jail no I did not okay I mean I thought he was in jail I heard he was but I thought he was gonna get you know get him out of there whatever by now I got you nobody breaks in and fixes up a house no not typically but you'll be surprised how many times we've actually been on calls like this for people they say they're working on houses and they're not so not saying that you are I'm just saying I will say this typically if someone breaks in there they leave they don't come back so yeah where you live at bud around the corner OK you dropped your other key there was that good to your house no this ain't my key OK this is one of the ones out there way OK so he talked to the owner of the house until a month ago yeah maybe a little over a month ago come do work on the house he's in jail that's his mom she doesn't know he was just be doing any kind of work here or whatever we're just trying to confirm that that's what's going on so what do you have you doing just some plumbing repair upstairs is it inside of the house is it eccentric or is it the outside of the house you want to come see it's all the work she can get done on this house for her to throw me out so are you staying here while you work well either I'm totally f*cked up or you're giving me a line what's your date of birth 12 20 three 1982 uh huh that doesn't come back to anybody named Burkhimer so wanna try it again or I mean that's what it is okay you're inside somebody else's house giving me information that doesn't match to a person you understand where I'm coming from I don't know okay tell you what turn around and grab the wall THIS IS A LEGAL ANALYSIS FIVE DISTINCT DOCTRINES GOVERNED HOW THIS ENCOUNTER ESCALATED TO LETHAL FORCE UNDER TERRY V. OHIO OFFICERS MAY DETAIN A PERSON ON REASONABLE ARTICULATE SUSPICION OF CRIMINAL ACTIVITY A NAMED CITIZEN INFORMANT SATISFIES THAT THRESHOLD ANONYMOUS TIPS REQUIRE CORROBORATION IDENTIFIED WITNESSES CARRY LEGAL ACCOUNTABILITY THE REPORTING MOTHER PLACED HER CREDIBILITY ON RECORD THAT RELIABILITY GROUNDED EVERY SUBSEQUENT INVESTIGATIVE DECISION OHIO REVISED CODE SECTION 29 21 29 AUTHORIZES OFFICERS TO DEMAND IDENTIFICATION DURING A LAWFUL STOP PROVIDING A FALSE NAME VIOLATED OHIO REVISED CODE SECTION 29 21 13 FALSIFICATION TO LAW ENFORCEMENT THIS IS AN INDEPENDENTLY ARRESTABLE OFFENSE DISTINCT FROM THE UNDERLYING BURGLARY INVESTIGATION CONFIRMATION THAT THE LOCKS HAD BEEN RECENTLY REPLACED ELIMINATED THE SUSPECT'S STATED METHOD OF LAWFUL ENTRY ENTIRELY REASONABLE SUSPICION ESCALATED TO PROBABLE CAUSE UNDER OHIO REVISED CODE SECTION § 2911.12 BURGLARY turn around and grab the wall come on I mean what did I do turn around and grab the wall for what I didn't do anything I came to work like I said turn around grab the wall back door no I have a gun on me so do I I have a problem stop stop code 0 stop stop you toss that gun on the ground right now I will ventilate your *ss I'm off I'm off toss that gun down no toss it toss the gun up here long gun my real name is Rico Acevedo Rico yes do not f*ck this up you understand me I don't care I understand you don't care I don't know what to live for okay I'm just trying to make some f*cking money my mom just died okay I'm not doing this anymore alright the truth is I'm at is in jail okay and he told you his house is empty he told me to come do some work on the house okay so why are you doing this right now because I wanna make money well a phone call can straighten that sh*t up why are you doing this right now because I don't trust the police oh okay well trust this toss that gun down or this is gonna end very badly for you I don't care about that okay I don't I know where I'm going I respect law enforcement but this is wrong you ever shoot somebody yep now you're gonna have to shoot me cause I'm not going to jail you hear me got you at least three times you understand everyone get it up oh ah yep I was still trying to work give me the other one all over all over affirmative radio notify the office send a 55 OK good go that's it alright 1:02 I am on scene let's keep this traffic to a minimum alright if you come by just don't put it over here just get there burglar in progress yeah came as burglar OK trawler progress signal 1 now it's a signal one did we clear the rest of the house no no can you do me a favor you want me to clear will you back clear the rest of this house we are not breathing anymore is there anything any other piece of evidence here the showcase is back here who picked up the gun who has the gun I haven't touched it oh my f*ck this ain't his first Rodeo no I know but what was this guy thinking he don't wanna go to jail yeah he said that you lied about his information you're gonna shoot me I'm not going back to jail what the f*ck it's what he had is that what he had yeah NOW GRAHAM V. CONNOR 1989 GOVERNS EVERY EXCESSIVE FORCE CLAIM UNDER THE FOURTH AMENDMENT REASONABLENESS IS MEASURED FROM A REASONABLE OFFICER'S PERSPECTIVE AT THE MOMENT OF DECISION NOT WITH HINDSIGHT NOT WITH INFORMATION DEVELOPED AFTER THE ENCOUNTER CONCLUDED THE SUSPECT ANNOUNCED POSSESSION OF A FIREARM THAT ANNOUNCEMENT STANDING ALONE TRANSFORMS THE ENTIRE LEGAL CALCULUS UNDER TENNESSEE VERSUS GARNER 1985 DEADLY FORCE REQUIRES PROBABLE CAUSE OF IMMEDIATE SERIOUS PHYSICAL HARM THE SUSPECT'S OWN ANNOUNCEMENT REFUSAL TO DISARM AND STATED INTENT TO FORCE LETHAL FORCE SATISFIED THAT THRESHOLD POST INCIDENT DISCOVERY THAT THE OBJECT WAS A TOOL NOT A FIREARM DOES NOT ALTER THE ANALYSIS PLUMHOFF V. RICKARD 2014 HOLDS OFFICERS NEED NOT WAIT TO CONFIRM A THREAT BEFORE RESPONDING THE 10TH CIRCUIT IN A STATE OF LARSON VERSUS MURR EXTENDED THIS PRINCIPLE TO OBJECTS VISUALLY CONSISTENT WITH FIREARMS PERCEPTION NOT PHYSICAL REALITY CONTROLS THE REASONABLENESS INQUIRY UNDER SETTLED FOURTH AMENDMENT DOCTRINE 1 FIFTH AMENDMENT DISTINCTION WARRANTS EMPHASIS SILENCE IS ABSOLUTELY PROTECTED FALSE STATEMENTS TO POLICE ARE CRIMINALIZED UNDER THE COLLECTIVE KNOWLEDGE DOCTRINE EACH ACCUMULATED FACT COMPOUNDS EVERY ESCALATION STAGE WAS LEGALLY GROUNDED you alright go get this blood off of me Martin wanna debate me when I say send another f*cking car I mean send another f*cking car doesn't mean ask 15 questions he didn't he I don't think he heard you because you kind of came over broken I know that too this one yeah I used to do MMA with me he was also a very complex guy excuse me move move move he was also a very complex pro boxer really yeah you would have a hard time taking him he was a one punch knockout his story was probably legit he probably has a warrant which is why he didn't want to give his real name wasn't great at MMA but dude I saw him lay some I saw him lay some people he actually fought professionally for a while just keep it clear for the paramedics so and whatever they need THE RESPONDING OFFICER EARNS AN A MINUS FOR PROCEDURAL DISCIPLINE VERBAL WARNINGS AND FULL ADHERENCE TO GRAHAM THE DEDUCTION REFLECTS INTERIOR TACTICAL POSITIONING THAT LIMITED DEFENSIVE OPTIONS DURING IDENTIFICATION VERIFICATION RICO ASAVATO EARNS AN F EVERY DE ESCALATION OFF RAMP WAS CONSTITUTIONALLY AVAILABLE HE REFUSED EACH ONE THE REPORTING PARTY EARNS AN A OBSERVE REPORT COOPERATE DO NOT INTERVENE TEXTBOOK CIVILIAN RESPONSE THE YOUNGSTOWN POLICE DEPARTMENT EARNS A B+ SOLO RESPONSE TO A POSSIBLE BURGLARY WARRANTS POLICY REVIEW BEYOND THE LEGAL GRADES THREE BROADER LESSONS EMERGE RELEVANT TO BOTH LAW ENFORCEMENT AND THE PUBLIC FIRST THE FIFTH AMENDMENT PROTECTS YOUR SILENCE NOT YOUR FABRICATION LYING TO POLICE IS ITSELF A CRIME SECOND ANNOUNCING A WEAPON DURING DETENTION CONVERTS EVERY SUBSEQUENT MOVEMENT INTO A POTENTIALLY LETHAL THREAT THIRD FORCE REASONABLENESS IS JUDGED AT THE MOMENT OF DECISION NEVER WITH HINDSIGHT UNDER GRAHAM VERSUS CONNER FOR OFFICERS PROCEDURAL PATIENCE PRESERVES BOTH CONSTITUTIONAL LEGITIMACY AND PERSONAL SAFETY IN EVERY ENCOUNTER FOR CITIZENS THE COURTROOM NOT THE SIDEWALK IS WHERE POLICE CONDUCT IS PROPERLY AND EFFECTIVELY CHALLENGED AND FOR EVERYONE VERBAL INDICATORS OF CRISIS DESERVE COMPASSION BUT NEVER LICENSE TO ACCEPT LETHAL RISK 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 SUBSCRIBE FOR MORE CONTENT ON POLICE COURT INTERACTIONS