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2026-10-22 22:56
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don't don't make me embarrass you in front of your kids you had a chance stop stop no on July 7th, 2025 Austin Police Department officers responded to a disturbance at Austin Bergstrom International Airport a male passenger had been removed from a Southwest Airlines flight and was detained on suspicion of public intoxication and verbal threats because of this stupid di fat you know what I mean and I'm here with my kids bro like I'm not trying to so I understand that I understand right so obviously I get up pissed off right so now I'm pissed off okay you know what I mean okay cause like I don't have ride home I understand you know what I mean like I'm so this is all I'm trying to figure out this is all I'm trying to figure out yeah yeah OK so I'm just pissed I have nothing to do with the airline yeah yeah the airline called the complaint that I got was call came out I'm sitting right here at my checkpoint yeah yeah and I got a call say hey there's a gentleman that kicked off the flight had two kids right yeah I don't know I never met you yeah yeah according to them sure that you're belligerent you're intoxicated right now that I see you bro you obviously know where you're at you yeah yeah I'm just trying to bring a little loud draw a little attention to yourself that's on you okay yeah dude I I'm waiting for the person who called I think he's on the so if they're if they're gone already then they're gone then you could be on your way I I just wanted to know what it is they wanted because they called me yeah yeah yeah so that's what happened they said they were you were making verbal threats OK but if I don't have them here no I made no verbal threats OK threats well that's all I'm trying to find zero bro zero I was just like I was pissed off at my all I said was to the little lady cause okay okay and this is a personal opinion this is not a verbal threat in my opinion she's a black lady with glasses I go oh are you the di standing here like giving me shit to get off the plane give me a break I I got a little political I said the di shit that was it you know what I mean but I didn't I didn't get no I didn't say nothing threatening or anything like that you know so yeah but I if all they want yeah I'm gonna ask us how it was I mean wait hang on give us one second yeah just hang tight just yeah if you just find out if they wanna if they wanna press charges or whatever they wanna press charges I don't I mean I don't have anything right now hey honey what y'all do with that guy man hey well listen so I'm not I'm not the one that kicked him off the aircraft um I'm just the one that called it in because the altercation was more in front of either the ops agent that actually had the altercation with him is on the jet bridge right now so let's let's let him come up and then the upset upset yeah no not upset but our operations our operations yeah okay um but he apparently was pulled off the aircraft for intoxication okay so I gotta get a gist of people being unruly yeah so bottom line was um he he went down on the aircraft um he was walking fine and we can tell he had a couple drinks but he wasn't too out of hand um you can understand every word he was saying so we let him board anyways he got on the aircraft now whatever he did on the aircraft I did not see all I was told is he needs to come off and he had two young girls with him so we asked him to come off finally did he walked about halfway up the jet bridge came back down so he needed his bag he started kind of running his mouth there on the jet bridge um nobody really paid attention there and he kind of turned around and left um so he went up I assume he went this way I guess I don't really know'cause that's where he came from we came back to the top to finish boarding but he didn't get violent with anybody right and do it not not like swinging or anything so then he came back then he asked me why he was why he was removed from the from the aircraft he said I would tell him I said I never said I'd tell you anything but however if you need to know you were removed cause you're been having some drinks you're intoxicated um that's when it all started that was when see the language but you're a fat piece of shit blah blah blah just going on and on and on and on and on so of course I I walked over to here whether I should or not I said you know what come here come here I need you to come here you know I need you to sit down here so I'm gonna call you guys but he wouldn't do it he kept rolling off so I kind of walked kind of not bump and bump but I was in space from him um I asked him to come over here but he just kept saying you know just going off and off and off and off with the names and everything else turn around you know what I'll knock your ass out piece of shit and everything else so I don't remember all the words I don't know if you even heard all the words I just remember him saying he was gonna drop kick you yeah drop kick me um there was a few things said kind of a if you want to take that as a threat yeah I guess it is um and then so that's when I just say yeah and then these two were here there was another guy here but now I just kind of turned over this way and he kept rolling that way down I don't know where the girls were the girls weren't with him the second time he came back I have no idea and then I just kind of rolled that way and I went back to my game tonight or yeah probably late or maybe late on tomorrow if he acts correct but you wanna press charges on those stretchy made I don't need to I mean he didn't you know okay it's his words okay okay so you know okay um truly I was just hoping he would just calm down I mean well it's just the beginning yeah he's still working over there is he OK so he's still going crazy yeah yeah yeah yeah OK OK alright yeah so we're good OK thank you appreciate it man I mean there's zero reason and I just miss my fight and both of their swim tournament and karate shit because of this stupid di fat black piece of shit easy man I wanna go oh I wanna do my job yeah fuck you you know exactly easy man watch the language man no I can watch I do freedom of speech homie I can say what I want and that's just a for the sake of your kids man just relax you know what they've already heard worse that's an animal that's a for the sake of your kids that's all that's an animal right there alright you're just not setting a good example for your kids that's all hey you know what you know what who sets an example for my kids the public school system and the shit that I hear out of their okay alright we're we're done talking man exactly just hang tight you need I need you to hang tight though yeah exactly I will hang tight alright what am I doing am I detained you are detained sir legal detained for what for what cause I'm investigating what happened they follow the what are you you're not you're not even talking to anybody how are you investigating anything you're literally walking around back and forth you ain't talking to anybody I have a radio sir yeah okay so what's going on okay well when I find out I'll let you know yeah well when my dad gets here you're gonna find out okay just relax you you understand I know the law too right OK sure yeah OK everybody says that OK stand there and while I walk outside OK uh no you're not going anywhere you're detained right now for what I just told you I'm conducting an investigation right now what am I detained for what is the crime that I'm detained for I'm trying to figure that out are you listening to this I don't want to no you need to listen to this this is very important for law reasons Ella Charlotte come over here dad stop Ella you need to listen hey this I don't what am I detained for sir relax man what am I detained for sir when I find out I'll tell you exactly so right so when you find out you can meet me right out there don't don't make me embarrass you in front of your kids put your handcuffs just relax brother relax relax okay just calm down alright now you're gonna make me make a phone call that's gonna embarrass you okay sure okay you are legally detained by the way then prove it I just told you I did relax for the sake of your kids why don't you relax dude why don't you relax relax hello hey I got this kids are acting more mature than you dude relax sitting here telling me that I'm detained and then if I go outside I'm gonna be under arrest and then I asked him what am I being detained for what crime do I commit and he says he's figuring it out so I'm gonna go I'm gonna go ahead and tell him to go himself and then I'm gonna go outside okay oh and now and oh and now he's now he's doing the big boy move yeah go ahead handcuffs out and put his hands in his pocket he's a big boy he's a big boy let's see why they kicked you off the plane he's so wow we wow we you're such a big boy cop oh look at you with your handcuffs already and stuff right keep it up I'll put them I'm just I'm waiting on I'm waiting on Tony he's just being now he's acting belligerent cause I told him he's detained and now he's just acting like a fool in front of his kids okay so I'm gonna wait so I'm gonna wait and listen for your answer of why I'm detained cool appreciate it thank you sir cool so let me know whenever you get whenever you get there I'm definitely not on a time crunch or anything like that whenever you get your answer of why I'm detained right now let me know I'm glad you come around thank you sir so yeah no we don't have anything he said he don't want to press any charges for you I said I'll kick your ass I'll drop you yes yeah that kind of thing so he needs to but he needs to chill out right right right you guys messed up I just got my dick really bad or something huh Nicholas sorry do you have the right here are they are they here to pick you up already yeah they're here alright you're free to go man just need you to calm down yeah I know alright what was the charge that you were detaining me on at this point no they don't wanna press charges now what was the charge because you made a threat to whom to whom by threat to whom the customer service person under that no I did not OK well that's what they said that's why you're being detained you're intoxicated that's the other reason why you're not I'm not okay because you are the dude red into assault over there see if you are it doesn't matter it doesn't matter they don't want to press charges so you're free to go I don't give they want to press charges okay can I press charges no no oh that isn't that funny how that works isn't that funny you're free to go oh wow yeah well I'm free to go right here you guys are free to go my space I got my kids here yes I know right yeah exactly so walk on and go you should be a parent perfect then hang out there and why we hang out here if you if where can we not hang out here go find your ride sir because you're about to you're about to go to jail guess what you're about to go to jail for what for what for what for what public intoxication I'm not intoxicated I'm not intoxicated OK give me we're giving you one chance now take off I'm sitting here go my ride go this way where where would you like me to go where would you like me to go over here you had a chance you had a chance you had a chance stop stop no you ran your mouth a little too much your mouth got you in trouble your mouth got you in trouble that's what happened that's what happened that's what happened come on man please let him go for what please no can I can you just take my girls off no you're right no let's go dad no dad no no you can't leave in here let's go no you can't leave in here like that what who was your ride give us a phone number I don't know I have to give it out of my pocket man dude where's your phone right here on the left bro try to give you a break and you're talking crap to us and but I'm not talking I'm not talking to you listen to me listen to me no I'm talking right now yeah but I'm not shut up it's too late now you can just shut up with your drunk cell come on man it's too late now I don't care what you say I'm not drunk dude I had a couple of give us the phone I'm not drunk give us the phone how can I call your dad what's what's the key on on give me the phone man I'm not gonna give you the phone no but then I'm not gonna give you come on man OK what's the dude please let me go man no let me go no all you had to do is all you had to do is big mouth cause you a lot of trouble for what what are you doing what happened come get the girls Michael you told me that wouldn't take I told him we have one in custody bro come on man let me just go home dude with them with them man I'll get out of here dude uh Nicholas yeah I give I give his ID back but he's logged in the car oh yeah OK alright alright their ride is gonna please sir all their baggage can I please tell you what happened now let's go alright good it's alright it's okay you're gonna go with papa you're gonna go with papa it's fine you know what I'm talking about Melvin off making threats talking shit I'm not I'm not wasn't making threats bro I was just telling him go because I was trying to go outside man you didn't all you wanted to do is argue with us and now that we actually took action now yeah but you know what arguing are listen to me arguing and saying words is not against the law no it is not one but when you're publicly intoxicated and you're free I'm not publicly intoxicated I'm not complying with the officer that guy was insane all that guy fell on top of me and puked all over the plane and they kicked me off for that OK that's not my fault you should have just closed that's not my fault walk your girls out and gone home I did walk my girls out and I'm waiting for my ride right there and then this guy shows up and wants to start problems and then you show up and wants to I'm waiting for my ride bro what do you think I'm gonna do like get back on another plane you're intoxicated you refuse to comply with moving on moving on where I can't go anywhere I don't know where to exit where do you exit I don't know I've never I've been here in my life but you just wanted to sit there and cuss us out no I want to go out of the airport I'm waiting for my ride and now that we actually did something now you're upset come on man how it works please my dad's right there please my kids and everything please sir come on man when can I get out usually you have to stay about four to six hours four to six hours not four to six four to six four to six okay get there and sober up and then you come back here and I'm not bored just don't even don't drink don't drink anymore bro I'm what do you mean you're talking about what do you think you're gonna give me beer in that place dude I'm not drinking alright come on okay so this is what happened and I'm sorry the girls had to even uh well it's not new to them so yeah no apologies so I'm here on checkpoint right where TSA is uh I mean it's really quiet it's only like two flights going out at this late at night dispatcher mentioned that Southwest Airline I'm they were on a flight to go to San Francisco got kicked off the flight that he was being belligerent to Sacramento oh Sacramento yeah uh that he was intoxicated been belligerent was threatening the flight staff so they kicked him off the flight his story told me a little bit different story but you know take away the great assault two sides of the story but regardless I had nothing to do with the airlines I don't work for Southwest Airlines I work here for the for the Austin Police Department I just happen to work at the airport um so they said they last seen him leaving walking towards Gate 15 which is right where my checkpoint is um I said well you know what let me go check on them see if they're OK they didn't come to me and tell me hey we want him arrested or hey they just wanted him off the flight right so yeah where he could have went straight to southwest rebook the new flight that's what I was trying to tell you so I said you're not helping yourself so he was sitting there by the Starbucks which is closed and I just happened to get a description like oh he's right here I see two wearing orange backpack two two little girls and as soon as I walk up to him he's just attacks verbally attacks on my hey what's wrong man like what are you here for I know what you're doing you I'm like look I just I just wanted to explain to them like I'm conducting investigation so right now you are legally detained until I find out what exactly happened on their end cause I all I have is call text yeah he so he was talking to you he was talking on the phone right and I was trying to talk with him I'm like I'm like hey man look yeah you're right now you're just detained until I find out if they say hey you're good to go but he didn't want to give me his ID I'm like look right now you don't have to give me your ID until they say hey I want to press charges at that point I will need his ID so yeah um finally got him calm down and the other officer came back said hey they don't want to press charge they didn't want to press charges the first and most critical issue is the legality of the detention itself when the subject asked directly what he was being detained for the officer responded on camera I'm trying to figure that out that answer is not a procedural misstep it is direct evidence that the detention lacked the legal foundation required by the Fourth Amendment under Terry v Ohio decided by the Supreme Court in 1968 a lawful investigative detention requires reasonable articulable suspicion specific objective facts pointing to criminal activity suspicion cannot be assembled after the fact an officer cannot detain first and then search for a justification that sequence reverses the constitutional order entirely the airline staff the complaining parties confirmed the subject was walking normally and coherent when he boarded no physical aggression was reported no weapon was involved the second legal issue concerns the verbal statements made on the jet bridge the subject reportedly said he would knock someone's ass out and drop kick a staff member the question is whether that language constitutes a criminal threat under Texas law Texas Penal Code Section 22.07 terrorist threat requires that the actor intentionally place another person in reasonable fear of imminent serious bodily injury courts have consistently distinguished between true threats and hyperbolic frustrated speech statements made in anger with no accompanying threatening conduct generally do not meet the statutory threshold critically the airline employees who witnessed the statements declined to press charges that decision while not legally dispositive reflects their own assessment that no actionable threat occurred the third issue is the arrest itself charged under Texas Penal Code Section 49.02 Public Intoxication this statute is frequently misapplied and this encounter is a textbook example of why precision matters the statute does not criminalize being intoxicated in public it criminalizes being intoxicated to a degree that poses a danger to the person or to others danger is not incidental it is an element of the offense nothing in the footage demonstrates the subject was unable to care for himself posed a fall risk or threatened physical harm to any bystander the officer's own body camera shows a man who was agitated but ambulatory and lucid a second constitutional dimension surfaces around the subject's speech throughout the encounter officers may not arrest someone solely for profanity insults or verbal hostility directed at law enforcement The Supreme Court addressed this directly in city of Houston versus hill decided in 1987 the court held that the First Amendment protects a significant amount of verbal criticism and challenge directed at police officers one officer acknowledged on camera that arguing and saying words is not against the law that concession is legally accurate yet the arrest proceeded anyway moments after that statement was made from a tactical standpoint the officer's use of language such as don't make me embarrass you in front of your kids is inconsistent with de escalation standards displaying restraints before a formal arrest decision is also problematic current law enforcement training identifies premature show of force as a factor that elevates rather than reduces situational risk additionally it was more of a verbal you know right throwing F bombs and saying I'm gonna yeah kick your butt in this neck yeah we could hear it out and we said hey you could go he's like no you could go so then he got Molly with the other officer back and forth and he's in talks and he just escalated up and at that at that point it was out of my control the other officer hey you know what you're under arrest for public intoxication cause he he he just he he escalated from there and he oh yeah I know I've seen it so at at that point the and we could hear it's on probably the fuck I would hand that over to you oh OK yeah they won't take that up to jail they'll fake in whatever yeah but uh he just became very uncooperative and okay uh so now he's just it's a class C misdemeanor it's like a ticket yeah he'll be in and out once he sobers up you'll see the magistrate there's a magistrate there at the Travis County Jail 24 hours okay so as soon as he sobers up see the magistrate they'll release him on bond I don't know what it is is that gonna be tonight or are they gonna keep him all morning yeah it's fine for six hours yeah it'll be pretty it's pretty quick when I say pretty quick I mean like it's like four to four to six we don't wanna make other no travel plans though yeah until he's out as soon as he's out calm down and even before 6 hours if he's calm and cool and you have a ride calm down for 20 years haha we hated doing that kind of girl I don't wanna say that it's just we couldn't just let it keep on going I agree plus she had an altercation with the uh ticket agent I'm sure my partner I heard it on the phone just I was on the phone you can't allow that to keep happening and and so I just didn't have a choice I was yelling at him to calm down and I told him you're not helping yourself shut up really not and it's just you know there comes a point where yeah you can't just let it go on and go on alright well I appreciate you officers taking care of it I hope he comes down and better better tomorrow will he give me a call or will I have to he will he has his phone he has his stuff um so he'll be able to call you once you get situated it won't take long and again it could be anywhere from four to six hours it could be two hours it just kind of depends if if they have a um you know they talk to him and then he's he's calm and cool they may let him go in two hours it's kind of tough it's a little tough for him to deescalate yeah hopefully you know how to do this cause as it always happens you know once handcuffs come on and everything yeah apologize well he's been arrested so many times he just fights it I could okay I mean that kind of makes a little more sense now it's just it didn't it didn't need to go there especially having no kids with no so and we hated doing that yeah I understand I have two girls yeah so no I hate it I feel it um yeah the crowd upset I hope you're able to consoled yeah the little one's really upset she wanted to see him before he you know he's gone yeah we'll see him in a few hours he'll be back home and hopefully he'll be in a better state of mind I think yeah let's hope so OK I appreciate it I appreciate you guys I'm sorry we had to meet this way yeah I'm sorry we had to meet this way thank you sir OK appreciate it alright now to the grades the first officer receives a C minus he initiated a detention before establishing reasonable suspicion confirmed on camera that he could not articulate a legal basis at the time of detention and used language that escalated rather than resolve the encounter mitigating factors include no use of excessive physical force reasonable composure under sustained verbal provocation and genuine concern expressed for the welfare of the children present the second officer receives a C he executed the arrest after the complaining parties had declined to pursue charges and did not conduct an independent assessment of the danger element required by the public intoxication statute the subject receives a B minus his repeated and specific demand to know the legal basis for his detention was constitutionally informed and appropriate he did not physically resist at any point however his use of racially derogatory language targeting airline staff while protected under the First Amendment is indefensible on any moral or strategic ground his failure to invoke his Fifth Amendment right to silence and his decision to continue escalating verbally after being told he was free to go directly contributed to the outcome he experienced the lessons from this encounter are narrow and specific for officers a detention is not a tool for investigation it is the product of one suspicion must precede the stop not follow it for citizens being legally correct does not protect you from a lawful looking arrest the street is not the venue to win a constitutional argument silence is almost always the more effective response and on public intoxication specifically Texas courts require proof of danger not merely proof of drinking officers and defendants alike should understand that distinction before it matters let us know if there is an interaction or a legal topic that you would like us to discuss in the comments below thank you for watching and don't forget to subscribe to our channel for more content on police and court interactions
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