Do you feel this proud that you are this worthless? >> The yellow thing. >> Yellow thing. The taser. >> My husband took it from her hands when she fell to the ground and then she pointed the gun at him. [music] >> Hi friends. This body cam footage shows parents Jorge and Deare Pointe Rivera Rivera meeting with an SRO at a middle school outside of Daytona Beach, Florida. The parents have had multiple meetings about their 11-year-old son being arrested, but they continued to reject the information that's being provided to them by the school. I wanted to share this with you because the outcome in this case really angered a lot of people. The dad was charged with four felonies. Resisting with violence, battery on an LEO, grand lararseny, and battery on a public education employee. The state attorney's office also added a hate crime enhancement due to Mr. Rivera Rivera using a gay slur while he striking the deputy. In Florida's sentencing is guided by a point system that calculates both the lowest and maximum potential incarceration. Mr. Rivera Rivera, who by the way has a prior felony for firing a weapon into a crowd, accumulated a total of 92 points. So you can see here his minimum prison sentence should be 4 years. The maximum possible sentence, are you ready for it? 50 years. The state attorney's office was seeking 10 years followed by probation. This was a bench trial, no jury. Jorge entered a plea of no contest and the judge issued a rare downward departure, basically allowing her to impose a sentence way below what the score sheet indicates. In the departure order, the judge criticized the deputy, describing her as quote, "a poorly trained, willing participant who provoked the defendant and initiated the confrontation." By contrast, the court described the defendant as polite, apologetic, and remorseful. Judge Gunzal is determined that Rivera Rivera punched the deputy in the head and stole her taser in an effort to protect himself and his wife, labeling those actions as quote non-deliberate and simple. The court sentence included reclassifying all the felonies down to misdemeanors, no court costs, 45 days in jail and 45 days of probation which ended upon his release from the county jail. Deputies from Valuchia County packed the Florida courtroom for sentencing to show their support for the coworker. The judge called their presence inappropriate and unprofessional. I want to play a small clip from outside the courtroom. This is the sheriff. >> You can hear it in her voice. Oh, the poor. This was all the dep It was all the deputy's fault. Everything's the cop's fault, right? This is an absolute smack in our face. It's a smack every We're all here to support Deputy Curtain and to blame her for what happened. It's I think it sucks. >> What about mom? Well, she filed a use of force complaint upset that the deputy pointed a gun at her and her husband. Her trial is still pending, so stay tuned. Real quick, I want to thank all of you who continue to support the channel. Without you, I would not be able to create and share this content. Thanks. If you haven't already, please like, comment, and subscribe. It's a free way that you can help the channel grow. Basically, your engagement helps push the video out to more viewers. So, a thumbs up really does make a big difference. I'm still working on my Russ investigation video. It's a huge project. I acquired hundreds of hours of raw footage and sadly it includes the last known imagery of Helena Hutchkins who's clearly still alive in the footage after being shot. Make sure you're subscribed so you don't miss that. And as always, thanks for watching. >> So, I understand the frustration of the whole situation. >> No idea. I'm sorry. >> You have no idea. Okay, but let's let's continue. Let's let's forget about the I'm sorry here. I'm sorry there. Let's go and take care of what we have to take care of. >> So, as far as pressing charges, unfortunately, it's not going to be applicable the situation. >> Why? >> Because the video surveillance was reviewed. >> We have video that they say that they saw walking away from the situation where he pushed and he threw a he threw a chew >> at his head. That's that's assault with an object and he pushed her to avoid confrontation >> and he walked away. >> I understand from away. >> I understand the frustration. I do. >> Um but this has already been a discussion between me and my supervisor yesterday. So before he was even arrested, this was a discussion. >> Give me your name. Give me your name, bash number. Give me all your information. >> So it's okay for her. So it's okay to to she's okay to hurt people. >> I'm not saying any of this is okay. >> So we are not raising your voice. So try to keep your voice. What's >> I'm not raising my voice. >> So what's the step that I can take against this student that harassed? >> Don't cry. Don't cry. >> That threw a shoe on him. What's like it's okay for her to throw a shoe. I can throw this to you and we're going to be okay. That's what you're saying. >> It's common sense. I just want you I just want you to [snorts] orient me and to tell me what's what's the right thing to do. >> So what you can do from here is everything is going to be going through the court process and you will have that time to be able to let the judge know this is what happened. This is the full story. >> Okay. >> But why is going to happen here? >> No. No. I want >> you keep interrupting me and I can't >> because you're okay. Hey, you're talking too slow. >> I want to know why I can. >> Well, then we're going to we're going to end this conversation. If I can't talk, >> man, you need to give us answers. If you work for us, you're going to pay your salary. We're not going to continue. Do your thing. Okay. >> Okay. >> What is the specific question you're asking? >> I want to listen to her. I want to know what I can do against the child that threw a shoe to my son's head. >> So, >> when he walked away from a situation that had already ended, >> what you can do is like I was just explaining, when this process goes through court, you can explain your side of the story to the judge. It's ultimately going to be up to the judge what is going to happen from here on out. What I made a determination on is probable cause alone, [music] which just means that that he was the primary aggressor >> being that the primary. >> This isn't an argument at him. >> Okay. >> And I'm going to I'm going to finish this. >> You fail a kid. Okay. That that's okay. You are failing kids right here. We're not talking about us because believe me, if it were about the adults, we can solve this a whole different different level. >> We are talking about the kids that are now. I'm telling you, I have I'm talking at me. >> Okay. Yes. I am going to do guess what? Because I feel your sad. Okay. What happened to you? >> Okay. Why are you so worthless? Do you do you feel do you feel proud that you are this worthless lady? Okay. >> Do you feel this proud that you are this worthless? Shut the up because I paid your salary if you don't. >> That's what happened. Look. Look what is going to happen. >> What is going to happen? You need TO LEAVE. >> YOU ARE A WORTHLESS piece of >> Yeah. Go back home. >> No one you No one No one. >> You need to leave. >> There's nothing that we can do. Okay. But don't worry. We're going to keep this high. You need to leave. >> You are put in my one more time. >> STOP. PUT IT DOWN RIGHT NOW. PUT IT DOWN RIGHT NOW. >> PUT YOUR HANDS BEHIND YOUR BACK. >> Put your hands behind your back now. >> That's the way you want me. That's the way you want. >> I need put your hands on your back now. >> Dad, please. Thank you. >> Kilo 47. >> [snorts] >> 45 kilo 47. I don't know. Saw everyone down. Can I get you my car keys? Is that yours? You >> all right, man? >> Let's call that out. Is it >> deploy? Was it detective? No, I'm okay. >> No, that's okay, man. I'm saying [snorts] I'm >> Yeah, sit down there. [laughter] >> They're coming. >> One minute. Drop. Leave it. >> You got to do it. >> Yeah. I was just It was still kind of on. Hold that. Just one round. >> Yeah. Right. Yeah. Just one. Just one. That's no good. >> Oh, let's get this >> here. Take your T. >> What? Uh what happened? Basically, we got in he was upset because his his son was arrested last night. >> So, he gets all angry that his kid got arrested last night. >> Yes. We can't have a productive conversation. So, I tell him to leave. Then, he gets in my face and starts yelling at me. >> And then, as he's approaching me, then I go to grab him. And then him and mom start fighting me. >> Him and mom. >> Yes. >> Where's mom? I don't know if mom actually hit me in the shuffle of everything. She should still be inside. >> No. >> Does it need to be >> like I can see >> we need this mom to step out like the hate. I don't know like like her body language or his body language. I don't know how he like but he's adorable. >> It's okay for her to show you. >> Is that okay? I know. I know it's not right when he did, but I knew. >> Does anyone Did anyone watch what happened? That was right in the middle of Close. She she engaged her and that's what made daddy go over over her hand and punch her. >> So she hit Deputy Curtain as well. >> I know that Deputy Curtain went to engage some kind of way and dad went over through mom and punched her. So I don't know if it was actually that she hit her or she engaged trying to push her back. I don't know exactly. >> Sorry guys. She's Yeah, she's definitely got charges on the guy. Video clearly shows him punch her in the face. >> Punch. So, we got battery Ellie up. >> Absolutely. 100%. >> Hey, are you good? >> Hey, there's an ambulance if you want to uh I mean curtain. >> Uh just a second. >> Okay. >> What we're trying to figure out is if we're going to charge the uh the man's wife also >> for what? Um, in the altercation she is observed push it. It looks like she's pushing you. I'm >> trying to remember. >> You want to >> What's that? >> Do you want to see the video? It's It's all right here. >> Yeah. Hey, do me a favor. Look at me. Sit down. Relax for a minute. Okay. Are you injured, babe? >> I don't know. >> Okay. Listen to me. Listen to Listen to me. All right. [snorts] Are you injured anywhere? Or do you feel like you're going to pass out? You're going to whatever. >> Pass out. I just I remember it. >> Are you mad? Scared? Whatever. >> I'm not scared. >> Here's what I'm going to have do. You're going to sit there. Okay. Look at me. I'm going to have rescue come check you out. Okay. All right. That's all that's going to happen. >> I just don't remember. >> It's fine. Hey, take a break. Okay. Take a break. You're not used to this crap. Look at me. I'm used to it. You're not. Okay. Where'd he hit you? Side of the face. Look, you got some stuff on the side of your face here. >> I think so. I think so. >> Were they both fighting you? >> I just remember him. >> Okay. >> Do you remember if you lost consciousness at all? >> She's kind of rattled. She got punched. >> Okay. But >> I don't think so. >> Okay. >> She doesn't remember much. >> Just set your bio signs. I mean, what happened? You just got you just got rocked. >> Yeah. [clears throat] >> May I show a second video? >> Did you lose consciousness at all? You didn't you didn't pass out or anything or >> I don't think so. Now, >> do you remember the incident? Like, you know, you didn't black out remembering right now. >> Hey, so give me a basic rundown for you know anything. I know enough here. Pull pull up the video. >> Your blood pressure's good. >> So, speaking to her, she says, uh, there's a conference or something. Kid was arrested or something like that yesterday. They have the parent teacher conference. Mom and dad show up. They're inside the office here. They are observed leaving the office and the whole time he is looking back, excuse me, saying something to Yes. Saying something to Julia and some words are exchanged. Don't know what it was. Um, and then it gets to a point where the uh wife appears to get in the middle between the two of them and then he just swings over her to um attack her. And then the wife is looks like she's pushing Julia against the wall, but it it could be cuz she's trying to create distance between the two of them. All right. And then um they end up back here, you know, get push push push and then she goes to uh tase him right here and then he punches her and she falls back >> the second time. >> Yes. >> Okay. >> So, okay. >> Where are they going? Are we going >> um so pretty much I'm just trying to figure out what happened today. Sounds pretty crazy. >> Yeah, very crazy. It all started yesterday. >> Okay. >> Because my son Armando, I don't know if you remember him. >> I remember him. >> He got arrested because he pushed student. >> Mhm. >> And she was yelling at him and he asked him twice to, you know, stop. >> Mhm. >> And she didn't stop and he pushed her and then threw up. >> Okay. This was yesterday but the teach got arrested. >> So we came today because after we talked to told us that she threw a shoe at him after he had walked away from the situation and we wanted to press charges on her too because >> she threw Sure. Yeah. Sure. So we came in and we had a very amicable conversation with the principal and and the assistant principal and the deputy when we came when she come to press charges on the girl. She told us that we couldn't press charges on her and like I wanted to know why because she threw a shoe at him. >> Yeah. And it all, you know, I I like it happened all so quick and she started telling my husband not to point at her. So before >> and my husband got all frustrated because you know >> before we before we continue with that part um when you were told that charges couldn't be pressed for the shoe being thrown is that what caused the uh emotions to kind of >> Yeah. >> flare up a little bit. >> We asked why. >> Mhm. And she's like, "Well, if you want if you want, we can talk to our to my supervisor. Now you have to wait and go with to the judge." >> Mhm. >> And I'm like, "Why?" Because it's not self-defense because he walked away. >> Mhm. >> You know, he walked away. She walked away. Then she turned back and threw the shoe, >> you know, at his back. He's behind, >> you know, they're not even cuz I could understand that her and she threw the shoe. Well, that's self-defense, but they both walk away. >> Yep. >> So, this is another different situation. >> Mhm. >> And she said we couldn't press charges, but >> Well, we'll we'll have to look into that part. Okay. >> So, he >> we'll try to take care of that for you. uh point at her and and told her that um she wasn't doing her job. I guess I don't remember exactly the words cuz >> Okay, this was inside of her office or were you guys walking out and >> walking out cuz she asked us to leave and I was like telling my husband like just walk away, just shut up cuz I know I knew it was going to happen. >> Mhm. >> And she told him, "Can you please stop pointing at me?" And he I like kept pointing at her and he said what's going to happen and she like I tried to go like like on him like I went in the middle because then I tried to hold her and hold him and he just threw a punch and punch her on the face and she fell to the ground. >> Okay. So you were holding him for what? For what reason? just to try to prevent all the situations >> from them attacking one another. >> It was so everything happened so quick that I >> I don't even know how it happened. Like I can't I can't >> It's okay. It's a pretty traumatic experience. Okay. Do you remember what words are being said when all this was happening? [snorts] >> No. >> Okay. I know my husband told her that she um like we want you to do your job because we pay your um check. >> Sure. >> I mean and I know and I'm not saying he's right. >> Mhm. >> But he's frustrated, you know. >> Okay. >> And and I'm not saying it's right >> as well. But it happened like I I I I don't like whatever I say I I don't really remember. >> Okay. [snorts] >> Um listen, because you um went ahead and you you put your hands on the deputy, we have to detain you for now. Okay? So, it doesn't mean you're under arrest at this moment. We just have to detain you at this moment. Okay? So, I'm going to have to have you stand up. I'm going to move your bag. >> Yep. >> We're just going to place you in handcuffs. Doesn't mean you're under arrest right now. You're just being detained. >> Shoot. Cuffing. >> Yep. >> I forgot to get him back from there. I don't think you're doing. >> All right. I'm going to double lock these so I don't get too tight on you. Okay. Okay. this >> and with these rights of mind, are you willing to continue talking to us or? >> Yeah, there's nothing for me to hide. >> Okay. And that's the thing, you know, we just we just want to get to the bottom of me sit down. You can turn around face this way. They're exiting the office. He's getting mad telling uh deputy the deputy how to do her job and um from there. Can you describe the the uh what happened after that one more time >> when we came out? >> Yeah. And you said he was he was pointing >> he was pointing at her and she asked him to not point to him >> and he said um what's going to happen if I don't point at you if I point at you? And then she like walked towards him like you know. >> Okay. >> And I got in the middle between them both like tried to hold him from getting close to her and I tried like I tried to hold her >> in the car. >> Okay. I'm sorry cuz he interrupted me. I lost my train of thought. >> When we came out that he was pointing at her and >> and my husband was like, "What's going to happen if I >> if I don't Yeah. >> If I point at you?" and she went like towards him and then I got in the middle between them two because >> like I don't want him to get to her and I don't want her to get on him like >> so I tried to hold her and she kept like walking towards him and then the Dr. Hinsson came and and he just threw a punch and punched her in the face. >> Okay, >> that's like all I can remember. >> Okay. At any point in the altercation, I know you mentioned that you were in the middle between two of them. Is it possible that you may have also hit Deputy Curtain? >> No. >> No. Okay. So, you were there to separate them. Okay. Now, I will say um I did have a chance to review some of the video um and it does show um you making the initial contact first. >> Yeah, because I got in the middle. >> Mhm. And it shows you with two hands almost pushing her back that way before. >> Yeah, but I was my hands were like I cannot show you how it >> Yeah, of course. But I was like holding her from getting to him because like obviously he's stronger. >> Yeah. Yeah. He's a big guy. So Okay. So you were you say you were just trying to essentially stop them from fighting. So >> like I watched him pushing her. >> Okay. And did you see um did Deputy Curtain make any sort of uh uh we call them commands? Like did she say anything for him to stop or anything like that? I don't recall. >> You don't recall? Do you remember if Deputy Curtain uh used any of the items that are on her person? Any of our gear? >> She used the um the yellow thing. >> Yellow thing. The taser. >> My husband took it from her hands when she fell to the ground and then she pointed the gun at him. >> Okay. And what did he do after that? >> He just put the let the um That's a teaser. led it to the ground and put his hands up. >> Okay. And then after that he was he was >> Okay. And where were you when that was happening? >> In the middle of every I can't >> Okay. >> I was just trying I was I was on top of him like stop and and Dr. Ho was dad stop. Then everybody came out. >> Okay. This situation unfortunately just got it was a little bit unnecessary. >> Very unnecessary. >> So that's unfortunately why we are in the situation we're in right now. >> Um we are going to uh go ahead and and put you inside the uh the patrol car once the bell is over. Is it over yet? >> Okay. >> And this is your phone? >> Yeah. >> And that's your keys. All right. >> No. Okay. Please. That's right. >> All right. We'll just put it here for now. >> Keep positive. >> Just one kid walking through. >> Okay. >> Okay. So, all your >> Okay. There's no one. >> All right. Let's go. Please kilo 47. Thank you. >> 42 on tap. We're walking to the car now. Do me a favor. >> Whose car is he in? >> Curtains. >> Okay. What's that? >> Okay. Put her in. Put her in. Are you guys going to do this? Cuz we're going to end up doing the 1015. >> Okay. Uh yeah, I can do it. >> Then do me a favor. Just 1012 her for now. Okay. We're doing more investigation and then we'll move on. >> Oh, she's Yeah, she's 102 right now. I never announced that she was under arrest. So, let's just put her inside the car. >> No. >> Come here. >> Yep. >> Yeah. Are you down? Anything yet? >> This is our first first call of the day. Do >> you think we're going to be able to knock this out in a timely man? >> I think if I do it, we'll be able to knock it out in a timely man. >> I'm going to have 43 do it. >> Okay. >> I'll have 43 do it. >> Yeah, we got good camera footage. >> Yeah, >> please. >> Okay. >> Um, just do me a favor, sir. >> Help him out with watching whatever. We need a break. Hey, man. >> So, Curtain's got to go to the hospital. >> I'm going to need you to do the 10:15 on him. >> Okay. We got to do the investigation here. All right. He's going to stay and help you. Okay. But we're gonna have to man this for a little bit. And we're going to take that end of it while she goes. >> Did uh do you guys hear everything else that happened that the video didn't show about how he grabbed the taser and then >> Yeah, she mentioned that. We're looking at her. >> I didn't know that right now. >> Okay. Grab the she he grabbed the taser. I don't know if he pointed it at her and then she >> physically remove it from her. >> We don't know. Yeah. >> So my uh the wife says that after uh he got punched, he grabbed the taser. I don't know if physically removed it from her and then uh she drew her weapon on him and gave him verbal commands. He complied with put his hands behind his back. She uh handcuffed him. >> She drew a gun. >> Yes. Okay. >> All right. All right. Do me a favor. Start on your end of it. >> Um bring in what she said. >> Yeah. >> You reviewed the camera. All right. We'll we'll we'll deal. Yeah. Now, watching the camera footage, I mean, coupled with her statements, she said that she was just trying to, you know, >> I know, >> but it does look like she's pushing her against the wall. So, >> I know. I got you. >> Yeah. >> I got you. >> All righty, though. >> Why is he leaving? >> He doesn't want to talk. >> That's curtains. Oh, she You have the keys, right? Um guys, hey, so this this comes from the lieutenant about us taking it because she's so rattled. She can't figure what's up and what's green. >> And I we could we could figure that out. I'm so I try to >> So that's kind of that's kind of where we're at with all that crap. >> Okay. >> Um squared away over here. >> You're helping me. >> All right. looking at him. >> Um, we need to get a statement. >> [music]