I have some very unruly people. >> So, I apparently this year how did she get up here? Did she come from Catholic? >> Mhm. The corner right next to Catholic. She called 911 and um urgent care was like like we can't take her anywhere else. And I was like no that's my bringer here and she was fine for a while but now she's getting amped up and just being very verbally aggressive towards the staff. >> So, uh Ramos has dealt with her before and has a number to her dad. So, basically she meets the criteria like crisis is aware. She meets criteria but no one can deal with her because of her size. >> Sure. >> So, um he's going to try he's calling here her dad on the way up here to see if his apparently he came and picked her up once before. And we'll see if we can go that route but um I mean she she has the ability to go to crisis but they don't have any place that can handle her. So, that's the problem. >> And then the lady with the gray sweater is also getting involved. I was trying to deal with one situation and then she started yelling at me as well. She's quite angry but also saying that we are harassing Jaylen. >> Okay. So, >> you know, sometimes the fights are too much for me and I just get tired and don't want to do it. >> So, Fernando is the one who dealt with her. Um the one you're looking at is not her. She's the one sitting over there in the wheelchair and there's a gal against the window who's also getting involved with issues and chipping at each other. So, Fernando has dealt with her. She meets the criteria for crisis but they don't have any place to place her because of her size. Um so, he's trying to get a hold of her dad who has come and picked her up in the past. >> She's from Vancouver. >> That's what I saw. I well, she told me. Yeah, that's what I saw. Yeah, so apparently dad lives So, Fernando's going to see if he's willing to come pick her up to try to avoid further issue. Um if if What do you want us to do? Do you want us to make her leave? No, perfect. And what was her first name again? >> Jaylin. >> Jaylin, okay. >> The other lady, I'm just hoping that you guys can talk to and tell her that she cannot >> And is she the one that's sitting against the window? Okay. >> Just you she can be arrested. >> True. Do you want to talk to Jaylin? From what from what I've been told, she's very unreasonable and will just kind of not want to listen. That's fine, I'll try to talk to this other guy and see if What is that other Is she just waiting to >> On February 28th, 2025, Kennewick Police responded to Trios Health Hospital after staff requested help removing a woman in a psychiatric crisis. Crisis services had already assessed her and confirmed she met involuntary treatment criteria. No placement was available. What follows is a legal analysis of what that gap produced. >> Did you see the other guy? Okay. >> Hey, my name's Officer Lay with Kennewick PD. >> Hi, I'm I'm Jaylin. Um Well, my birth name is Jaylin. >> Okay. >> Born on >> Okay. >> Um unfortunately, I I filed many reports Well, I've been trying to file many reports. Uh actually, what started here when they hired a fake actor. That was really cool to come in and stuff, but I could tell you all about it down at the police department if you want. I don't know why I thought I was being called here cuz I thought I was having a mental health crisis cuz they made me seem that way. >> Okay. >> Um but they don't know what they're doing. And unfortunately, these paid actors are now involved. I've tried to let them know that they should have left, but >> Okay, so what's going on today, Jaylin? >> Uh I called the FBI. I needed crisis. I had my SAR stuff that was getting done at um Cadilac, which I figured out is where I was kidnapped from the first very or I was born there. Uh, kidnapped, that whole thing. You know what I'm saying? >> Okay. >> But um, I'm waiting for Stark to call. They just They disconnected that phone, so it won't work. If you pick it up, it won't work. >> Okay. >> Do you want to try calling from it? >> So the whole what >> I know your thing isn't on, so >> It's on. It's recording. >> It is? Okay, cool. >> Looking red. Uh, so what's the whole situation right now? You're just waiting for Stark? >> No, I'm trying to get a hold of Stark. >> trying to get a hold of Stark. >> But yeah, but somehow people kept coming to me that were like were Cadillac and you guys thought I was faking and then I was thinking I'm crazy, so I haven't seen a single thing on TV and I knew something was wrong when they kept playing Fox 11 >> Okay. >> you know, something wrong it you know, it's a A baby left me naked though like this. I literally thought I was coming to get help and I thought maybe God really did bring me here. >> Mhm. >> And then when Lords was weird, I was like, okay, this is weird. And then when all Not all, but certain PD members were threatening me and extorting me, that's when I was like, this is weird. Dude, I'm I'm not crazy. Um, do I feel safe in this Tri-Cities? Absolutely not. And I need to get the out, but that's why I wanted you guys to arrest me earlier. >> Oh, so what's your plan to get out of the Tri-Cities? >> I don't know. I was going to wait for Stark, but they're They told me they can't. They would need to get me to one of the places they gave me a evidence bag. >> Okay. >> Um, they went through my evidence bag thinking they could find my laptop and my phone, which were supposed to be with Jerome Davis Cheney, who's probably in prison now. Um, I haven't watched a single bit of social media news since like 20 nerd. I don't know, since my phone and all that started going wonky. So I was trying to go to the police station so I could tell people like this with Cara and all these fake actors are doing and how the hospital do what they do and I thought they were literally treating me as a patient, but I was I'm tired. I haven't slept in literally 20 days, which doesn't even sound humanly possible. >> Okay. >> Unfortunately, I was trying to pray for these people cuz I thought they were legit patients and I thought I would ruin their reputation or something cuz I kept hearing Jaylin on the news, Jaylin, but I could never see Jaylin on the news. >> So, you have any family in the area, Jaylin? >> Yeah, my dad, Jerome. >> Where is >> I couldn't tell what was real and >> Washington's Involuntary Treatment Act, RCW 71.5.15, authorizes officers to take a person into emergency custody when they have a mental disorder and are gravely disabled, meaning unable to meet basic needs as a result of that disorder, RCW 10.31. 110 separately requires officers to exhaust mental health diversion options before making a misdemeanor arrest. Both statutes applied here. Neither was actionable, not because officers failed to consider them, but because the system they depend on had no capacity to receive her. The infrastructure gap, not the law, drove the outcome. >> It was fake and >> Would you want dad to come and pick you up? >> I sure hope so. >> Do you have a phone number for dad? >> He He has my phone, so you call it should work. >> Okay. Oh, so what's what's your phone number? They're The other ones are okay now. They're fine. So, we're just dealing with her. >> You want to get a hold of him? Do you have to get a hold of dad? >> Uh dad will not come. He cheaper than Okay. He said She said that uh he tried to help her out, tried to contact crisis as well. >> She said something about SARP. I don't know what SARP would be doing to help her, but >> So, she filed uh an allegation that she was sexually assaulted, but it's it's I've read the report yesterday and it's unfounded. She's just got a lot on her mind. And we're going to have her referred to CID, but there's no evidence >> Okay, so Would dad be >> Dad should know. Dad's bad guy. Dad's bad guy. I tried to call welfare check on him. >> Mhm. >> I yeah, I need a mental health eval though, but clearly all hospitals are now shut down in the Tri-Cities. Is that what I'm getting at? Or they at least have all trespassed me cuz they've done really bad things to me. >> got like two hospitals here. >> Two more Two more left? >> No, I mean, there's Kadlec or Trios. That's one of >> Well, I've been trespassed from all of that, but Kadlec I was actually being safe at the eval all of a sudden though. cuz >> Yeah, we I can give Dad a call and see if he can come swing by and pick you up, okay? >> Yeah, I I guess let's see if he's legit, you know? I don't know. >> I'll give your dad a call real quick, okay? Give me a second. >> Yeah. I don't know his number, but I know he's my he's my phone. >> Like your phone your phone's at >> I don't know where any of my stuff is. >> Okay. >> I've been trying to get arrested so I can tell everything that was going on at the >> Give me a second. Let me call your dad. No, it's okay. I'll call Dad and see if he can come swing by and pick you up, okay? >> Yeah, I think he's I think I know his phone. What's your name, miss? >> So, they They don't Yeah, they don't want you here and your dad is not willing to come help you because you burned that bridge. So, what are you going to do? >> Uh I have a I have a whole packet of information from SARQ when they were doing my kit today. >> Well, SARQ's not available at this time. So, what are you going to do? >> shelters that they listed. I just need a phone cuz I don't know where mine is. I I could tell you everything at the police station. I I >> Well, that report's already been taken, so we don't need to rehash that again. >> yeah, can you guys help me get my stuff? This is how they left me though and I literally cannot I have my >> Where did you Where did you Where did your clothes go from wherever you were at to start with? >> My kit at SARQ the SARQ kit at uh Cad Lake where they discharged Remember when they trespassed me? I have all this evidence. It's all in there. If you guys take me down to the police station, we can talk. >> Well, I don't need to take you there cuz we can't have you hanging out there either. >> Okay, then I have a whole packet of information. >> Okay. >> want their phone. They weren't letting me call out other than 911. They were trying to monitor all the calls. >> Well, I don't think that's the case, but >> No. >> I don't know. Is that Is that Is that phone work? >> Whatever they're saying is accurate then >> Is it like I have to dial 9 to get out or >> Yeah, you just have to dial. >> Okay. Find a phone number. We'll give you a second to try to figure that out. Then you can come over here and use this phone. >> Yeah, I don't know I don't know my motor scooter. I don't know where it's at. So, my dash moto >> She said she has a number for shelter from start from stuff. So, we'll make better try to make a phone call. >> Well, yeah, I'll make I'll make phone calls from here. >> Well, you don't have a lot of time to make phone calls, but you can make a phone call. >> Okay, hold on. >> And then if you can't find something after that, then we will help escort you off the property since they do not want you here. >> Okay. Can we do that? Can we do that? >> Do what? >> Let's escort me out property in the wheelchair so I can at least be not be naked. >> Well, you won't get to keep the wheelchair because it belongs to the hospital. >> So, do you guys have like an ambulance that can take me there? >> Nope, you would be able to walk yourself. >> Oh, okay. Well, I can't. >> Yes, you can. I've seen you do it more than once. >> Okay. Okay, I I need a medical attention. I have I need to talk to you guys. >> Well, you're no longer welcome here, so you need to figure it out. >> So, I'm going to call Mirman Mirman Ministries. >> All right, what's the phone number? Come on over here so you can have it have it here. >> 809 212 Or actually, no, there's one in here. There's one in here. There's one in here. >> What? >> Is that one like an emergency for >> That's the phone for assault. >> Yes. >> Well, that's not what's occurred right now, so we don't need to bother them with that. >> Oh, okay. Then let me call my advocate. >> of housing. >> Oh, housing. >> Unless you want to just go out walk down the street. That's fine, too. >> Yeah, that's kind of Let's do that. I'm just not naked. I I don't feel comfortable doing that. >> Well, you have blankets and something covering you. >> I'll find my advocate's number in here. But just Oh, here's the card. I'm just on to on though, just in case they answer. But you know what the problem is, right? You remember what happened the other night? >> I do. >> You want to call 555 yet or not? >> I don't know what you >> criminal court proceedings. Here we go. Boom, here we go. Hit Hit the Hit the thing. Can you hit the thing? You only get one call? >> Can you call your >> Yeah. >> Make those >> 509 >> So dial nine first to get an outside line. >> 9509 374 5391 So we're going to trespass people at this time, Ramos. >> Officer >> He's working on it. >> Good. Make sure I get it in hand and copy before you guys I just want to get off the property. >> Yep, sure. >> I'll be chilling here until you can. >> Okay. >> It's funny how they always call you, Ramos. You seem to be involved in so many weird incidents. You remember KPD number Oh wait, you don't. It'd be your entire central. You know what I'm talking about, too. Oh, Wallace and Wallace and Wallace and >> I have a true stop for trespass. And you have Wallace and Wallace >> Jailyn is calling 911. Just have the cops come. >> to get arrested at this point cuz I have a lot to tell you about them. This is Jailyn. J A I L Y N N Oh, they're hanging up. >> All right. Who's that? >> That's No, honey. They're right here. Do you want to talk to them? Do you want Yeah, here. They don't want to talk. They gave me a ticket though. Criminal It's Oh, they're disconnecting with Oh. >> All right, you're good. Let's go. That's your trespass warning. You're trespassing. >> On trespass, RCW 9A.52.88 requires only that a person knowingly remain on property after receiving notice to leave from an authorized party. Oral delivery is legally sufficient. The written notice Jaylen destroyed was not the legal instrument. The verbal warning was. Officers correctly stated this on camera. The trespass charge was legally supportable. >> So, I'm not going anywhere with you. >> No, you're not going anywhere with us. You're leaving the property. Let's go. >> I'm not leaving. Hey, witnesses? I need a witness. >> It's all on camera. You don't have to >> You guys know what the [ __ ] you did. So, if I rip this off, it's this >> That's fine. You've been advised. Yes, 99 years. If you come back to the property, you'll be arrested for trespass. >> to get arrested, so I'm going to rip it up. >> You can rip it up all you want. That's not going to change the fact that we read it to you and you know you're trespassing. >> 99 years? Rip it up. This is all my evidence, everyone. >> Make sure you grab all your stuff. >> So, we're gone. >> You guys, please. They're going to kill me. >> Grab all your stuff. >> But they saw what you just did. All that you did is with my belongings. You know where it's at? >> I don't care. >> You don't know, huh? >> I don't know. I don't know. >> wanted to call my dad now. >> Your dad I already talked to your dad. You've already burned the bridge, so he's not going to come help >> to call my dad, actually. >> want to talk to you. We just talked to him. >> Yeah, give me the phone. >> No, you don't get this phone. You're trespassing. >> I can call >> Let's go. >> No, you have to arrest me here. I need >> No, we don't have to arrest you. >> Hey, I'm not leaving. I'm naked. >> You're covered. You have all kinds of clothing. >> Please don't let this happen, dude. This is all of this is my evidence. Get the [ __ ] >> I'm with you. Let's go. >> Get the [ __ ] out now. >> Let's go. Let's go. >> out now. >> Let's go. >> Okay, I need the This is why I came to Trios, is cuz I knew you guys would do this. >> They don't They don't want to help you. You burned the bridge, unfortunately. >> Hey, do you think Trios, please? I'm sorry. This is why I was trying to talk to you privately. Please don't let them do this. You guys know what you're doing and I'm literally naked. I'm not getting out of the wheelchair. Give me Give me those. >> Yep, we'll give it to you. >> Yep, trespass me. >> We already done that. >> You can try and make it on it. >> You ripped your paperwork up. You ripped You ripped your paperwork up. That was your formal trespass notice. >> Why didn't you guys just tell me you were going to do that? >> We did tell you. >> Dude, I need to go to the police. Are you taking me to jail? >> No. >> I can't walk. >> You can walk. >> I can't. I want to sit here. >> So, wherever you leave me >> Well, we will help remove you from the chair and then you can decide if you want to sit on the sit on the sidewalk. We're not taking you to jail. >> I'm going to jail. I just ripped You're 99 years old. >> That That doesn't matter. You don't have to keep that paperwork. >> Wherever you TAKE ME >> SURE. >> HELP! HELP! RAMOS KNOWS WHAT HE DID. KPD hands up, don't shoot. I'm naked and they me. Three of us were just trying to save me. Definitely eyes watching. So, yeah, do what you're going to do. Destroy the evidence. Destroy the evidence. Ramos! Ramos! Ramos! Ramos! KPD! KPD! All the police watching me. Where are you guys taking me? >> Taking you off their property. >> Oh, oh, oh. All of a sudden I can walk >> Perfect. Now you can walk. Go that way. Go that way. >> Don't arrest me. Don't arrest me. Don't arrest me. >> Walk that way. >> I got to go to the hospital. >> Walk that way. >> 911 >> Walk that way. >> 911 911 >> Walk. >> 911 >> Walk. >> You guys >> Walk. >> No. Yeah, cuz I want to. Cuz I want to. >> You need to get off our property. >> You know you're being recorded. I don't know, dude. What is Jacob ours? Jacob ours. >> Sure. >> Oh, there's a horse in the file. Oh, yeah. Take him to jail. Hell yeah. Hell yeah. Hell yeah. Hell yeah. I'm getting in your car. Help me. 911, they're me. They're trying to me, sir. >> That is the last thing that we will ever do. >> I have my information in my hand. >> 602 PC. >> You have a 602 PC. Take me to jail. Hey, please call 911. >> Title two of the Americans with Disabilities Act, affirmed for law enforcement in City of Goodman versus Georgia in 2006, requires agencies to make reasonable modifications to arrest procedures when the subject is a person with a disability. Jayland self-identified as disabled, self-reported a weight of approximately 550 lb, and was wheelchair dependent throughout the encounter. Reasonable modification does not mean releasing the subject. It means evaluating whether different equipment, additional personnel, or extended compliance timelines can reduce injury risk before force begins. The Ninth Circuit has held that a failure to document ADA accommodation consideration before applying physical control to a mobility impaired subject creates independent civil liability exposure under Title 42 of the United States Code Section 112132. Officers eventually deployed a fire department lift device, which was the correct tool. The legal problem is sequence. That tool was improvised after resistance, not planned before contact. Under Washington's RCW 10.120.022, the 2021 use of force law, de-escalation must precede force absent an imminent threat. A stationary wheelchair-bound subject with no weapon does not meet that threshold. >> She's now in custody, also. >> Oh. There you go. There you go. >> I feel sick, I think. >> No, she'll fit just fine. >> Yeah, but I'm a big cop. Big cop. >> That's it, she's just >> Yeah. I'm a big cop. >> I'm going to drive. >> Okay. >> I'm enjoying everything. I'm working with the joint and everything. Are you putting it in the back? And KPD's RPD Don't you, Ramos. You I'm not getting in the car with y'all. Help! KPD Ramos is trying to kill me. I have it recorded with the KPD. >> All right, get in the car. >> No. I can't. Oh my god. Mental health. Mental health. >> Let's get in the car. >> Get in the car. >> Oh my god. Woah. Woah. >> Can you stand up? >> I can't. >> Yes, you can. >> I can't. >> You just got up out of the chair just fine by yourself. Stand up. Stand up. >> Hold on. Hold on. I assaulted an officer. Please take me to jail. I assaulted an officer. >> jail. Why don't you get in the car? We can take you. >> I need a female officer, Officer Marshall. >> Yeah, she's not working today. >> Yeah. Well, I I can't get up like this with my hands in cuffs. >> Okay, so how can we assist you to get up? >> cuffs off. >> No. >> Okay, well, then I can't get up. >> Yeah, you can. >> I literally can't. >> Sure, you can. >> I literally can't. >> Put your leg underneath you. We'll help you stand up. >> them all to the ground." And Ramos went prison where he got a Swiss life, and his whole family died cuz I set this whole lot Hey, dude, you're literally hurting me. >> Okay, well, stand up. >> live streamed. >> Okay. Stand up for me. >> I can't. >> And then we can help you get in the car. >> Okay, how do you want to do that? >> Let me roll over. >> Okay. >> Take care of the cuffs. >> Well, that won't happen. >> Well, I can't, but >> How would you like us to help you to stand up? >> Wait till that officer is flagged. >> Well, there's no other officer. >> Yes, there are. I just dispatched 911, they're on the way. >> Yeah, they're not. So, how can I assist you in getting up? >> Remember, I can't use the phone. I'm kookoo. >> How can I How can I assist you in getting up? >> You can't. So, go ahead and destroy evidence. Destroy it all cuz God sees all, mother And God is a woman. Well, let's sit right here. Cuz y'all were trying to kill me. The Channel 8 Police Department was trying to kill me, but Richland Police Department was trying to kill me. The whole Yeah, cuz this is a ghost town. You guys tried to intimidate me the other night, and you thought I was actually I was live streaming, [ __ ] You just don't know where it's at. Hands up, don't shoot. Hands up, don't shoot. I'm black and brown, they shoot us down. I'm black and brown, they shoot us down. Hey guys, it's time to come out cuz at this point, we need a [ __ ] ambulance. And then the EMS arrived, and you got it all on tape, what you just said on another 99-yard fake violation that you made up, you idiots. What a bunch of [ __ ] wits. Are there real officers here now? >> Nope, doctor's here. >> love. How are you doing? >> I'm not doing well at all, doctor. These people are trying to hurt me. I was trying to seek refuge here, love. I'm having a mental health crisis. >> Okay. >> Yeah, I need help immediately. All the evidence they just tried to destroy, yeah. >> Thank you, doc. >> So, am I under arrest, doc? >> Yep. >> I am? >> Yep. >> Okay. That's fine. Take me to jail. >> We'll get you there. >> Hey doc, I'm having a mental health crisis. I was trying to seek refuge here. Remember how you told me I would Nope. I'm not getting in the car with you. I can't. >> Well, I'm getting in the car by myself. I'm not I'm not wanting to run you over. >> Here you go. >> No, I'm not going to believe that this >> Yeah, you are. You just look. Here we go. Hell yeah. >> The real heroes. >> Hell yeah, the real heroes. I was watching y'all the whole time. >> Yep, we're going to take you to jail. >> Yeah, were you Yeah. But, what's your name again? >> Officer Lay. >> Yeah, Officer Lay, were you involved in any of this or was it just random that's how you all >> No, I was here for all this. I saw what happened. >> So, what happened? >> Yes, I did. >> Who else did you see what happened? >> What's that? >> Who else did you see what happened? >> We all have our body cameras recording, so we all saw what happened. Yep. >> Hands up. Don't shoot. Hands up. Are you going to help me now? >> As soon as we get the van here, we'll get you >> Help me, cool. Where is the EMS? >> The EMS said they can't take you. >> Oh, they did? >> Yes, they did. >> Oh, they didn't. I can walk there. >> No. >> I'll walk there. >> You are trespassed from Trios for 99 years. >> Am I? >> Yes. >> Okay. Uncuff me and I'll go talk to them. They were trying to help me. They got so scared. Like started calling you. They were trying not to get it on the recorded line. But, we needed stat. So, go ahead and uncuff me now. Are you ready to take me to jail? Because I cannot get up. So, are we ready? EMS? Is that EMS? >> Yep. >> Please help me. >> You want me to come back and I'll start >> Hey look, yeah, what what what what have you do is hold up. We're going to we have a like a lift thing from the from the fire guys that's soft. So we'll basically have a we'll roll her on her stomach so she can't kind of sit up and kick and then we'll just have her we'll have put her back here and then I'll have somebody ride back here with her >> Perfect. >> while you get her in the jail's already prepped. They know she's coming. They know all the sitch and all that stuff. So >> I'll stand by whatever you need me to back up. >> Yeah, just come back just a little bit. >> Okay. Tell me when. >> Yeah. >> I was going to tell you I have a panic attack [ __ ] I'm having a mental health crisis. But I'll talk to the >> That's probably good. >> Okay. And then I'll talk to the EMS. I have the right to attorney right? >> Yes, you do. >> You're reading me my Miranda right? >> You've already been advised of your rights earlier. >> You're not reading them. You haven't read them at all. >> And then we'll roll her one more thing out and then we'll pull it one more time so she >> They're trying to tell me to stop. Trio found Please stop it. 988. You know I called you. Send the crisis unit here. Send the crisis unit here now. I see them now. >> So we're going to do it twice. Once on her back and then she'll be face down on this. >> Okay. >> All right, perfect. One more time. >> I can't. >> Bring that >> In God I say in God we trust and they cannot move me at all. And they cannot move me at all because I am 550 lb and I am a disabled woman. I am a disabled woman. And they're trying to Real self has it all on camera. So does the FBI. >> Yeah, we need to steer them more towards >> Aren't I having a mental health crisis? Aren't I having a mental health crisis? >> Perfect. All right. If you want If you want to focus on just that I'll do these two. >> WOAH, WOAH, WOAH. I CAN'T BREATHE. I can't I can't breathe. Hey, I can't breathe. I'm not What the >> During physical removal, Jayland stated she could not breathe multiple times. Officers did not reposition her or pause for a medical assessment. Following the deaths of Eric Garner and George Floyd, that phrase carries independent constitutional weight. The Ninth Circuit has recognized in a state claims under Section 1983 that failure to respond to respiratory distress during restraint can satisfy the deliberate indifference standard under the 8th and 14th Amendments. Officers are not required to release a subject on that basis. They are required to adjust and assess. On use of force, Graham versus Connor evaluates reasonableness against three factors: the severity of the offense, the immediate threat posed, and the degree of active resistance. The underlying offense was misdemeanor trespass. No weapon was present. The subject was stationary and wheelchair bound. Under this framework, the force level handcuffing and physical removal was within range. The manner of execution, prone positioning without respiratory monitoring, is where liability attaches. >> What the hell is what? Jayland, take it. Jayland, I start changing it. 866-564-653-724-3. 7243. 7243. >> Oh, thank god. We're going to the jail now, right? Are you going to read me my rights? >> I can stand here. >> Who's reading my rights? >> All right, Jaylen. >> Hey, you have you have the right to remain silent. Anything you say can be used against you in the court of law. Do you understand these rights as I've explained them to >> In the name of God, yes, I do. >> Having these rights in mind, do you wish to speak to me now? >> In the name of God, I'll ask for an >> On Miranda, officers verbally confirmed custody at approximately the 17-minute mark. Warnings were not administered until the 25-minute mark, an 8-minute gap. Miranda versus Arizona requires advisement before custodial interrogation, not at the moment of arrest itself. No interrogation occurred during the gap. However, under Berkemer versus McCarty, the custody trigger is objective, whether a reasonable person in that position would believe they were free to leave. A handcuffed individual on the ground with officers confirming arrest fails that test. Any spontaneous statements made in that window are subject to suppression motions. When Miranda was administered, Jaylen immediately invoked her right to counsel, stating she would ask for an attorney. Under Davis versus United States, an unambiguous invocation terminates all questioning. Officers complied. This is the one procedural moment in this encounter that was executed correctly and completely. >> Attorney. >> All right. >> I have a mental health emergency and I need to go to Trios Health. If you get there, they're going to know what you did. It's in live stream and Jaylen >> Jaylen was charged with two counts of trespassing, misuse of the 911 system, interfering with a healthcare facility, resisting arrest, obstruction, and assault. She was subsequently found mentally incompetent to stand trial. Under RCW 10.77, that finding suspends proceedings and initiates competency restoration. If restoration does not occur within statutory timelines, charges are dismissed. The case ended where it should have begun, in the mental health system. Officer Lay receives a B- His crisis intervention training approach was competent with a calm demeanor, extended verbal engagement, family contact attempts, and phone access offered. The grade reflects three documented failures. First, Miranda was delayed 8 minutes after custody was confirmed. Second, there was no documented ADA accommodation plan before physical contact began. Third, the female officer request, made repeatedly, was denied without recorded justification. Washington's Criminal Justice Training Commission standards recommend same-gender accommodation during physical handling of a female subject when feasible. There is no documentation that feasibility was assessed. Officer Ramos receives a C+. His visible role in this footage is administrative, covering trespass paperwork, logistics, and passive presence. He did not escalate verbally in response to Jayland's accusations. However, Jill made specific and repeated references to a prior incident identified as KPD case number 08. That history cannot be evaluated from this footage. The grade reflects conduct visible here only with an explicit note that unresolved prior contact history warrants supervisory review. Jayland receives a B. She was, by the court's own subsequent finding, mentally incompetent, experiencing active delusions, disorganized cognition, and acute psychiatric crisis. Within those constraints, she demonstrated functional legal awareness. She invoked counsel, demanded trespass paperwork, requested a female officer, and self-reported her crisis to both officers and the attending physician. Her physical resistance is not evaluated as volitional misconduct. It is evaluated as behavior consistent with a documented mental disorder under the standard a competency court later applied. Trial Health receives a C-. A hospital that confirms a patient meets involuntary treatment criteria and then initiates trespass proceedings without securing an alternative placement has transferred a clinical duty of care to law enforcement without the legal authority, training, or tools to fulfill it. Under EMTALA, the Emergency Medical Treatment and Labor Act stabilization obligations do not terminate at discharge. The discharge of a patient in active psychiatric crisis into criminal enforcement proceedings likely falls within the statute's definition of an improper transfer. That is a civil exposure question independent of the officer's conduct. Three lessons from this encounter. First, the absence of a psychiatric bed does not create trespass authority. Officers should document IT criteria, request crisis supervisor authorization, and exhaust RCW 10.31 110 diversion options before defaulting to criminal enforcement. Second, ADA accommodation must be documented before physical contact begins, not improvised after resistance. A written pre-arrest plan covering equipment and personnel eliminates the Ninth Circuit liability gap. Third, Miranda should be administered at the moment handcuffs are applied. That single policy change closes the suppression window entirely and aligns with current Ninth Circuit and Washington state best practice. >> It's exactly what you did, and so does Kyler. >> 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.