There you go. Right there. Get it. You got it. >> That's our suspect right over there. White shirt. I got one suspect. Let me see your head. Let me see your hand. Drop that phone. Drop that phone. Down on the ground. Down on the ground. >> Down on the ground. Sam, >> watch him. Down. >> Down on the ground. Sam, >> watch him. Hands behind your back, sir. Listen to me. Hands behind your back. Hands behind your back. Go ahead. Move in. Shoot in. Move in. Hurry up. Down on the ground. Hurry up. Down on the ground. Down on the ground. Right side. Right side. >> Don't move. Don't move. I'm not moving nowhere. >> Get down. >> Put your hands out in front of you. Put your hands out. Which one? >> Stay down. Just don't move, >> folks. Clear out, please. Clear. >> Move. [Music] >> Huh? >> Stay calm. >> Be careful with the clown. >> Put your hands behind your back. Put your hand behind your back, honey. Can I Can I ask why I'm being detained? >> We'll get to that in a minute. >> All right. You okay? >> All right. >> Hey, go ahead. Get up. >> He's good. You good there? >> Help him get up. >> Yeah. >> Go ahead and bring your knees up. >> Oh my god. >> There you go to your butt. There you go. I'm going to help you up. Okay. >> All right. >> There you go. It's okay. Look. Yeah. Do you want your candy? Here you go. Won't give you the light. That's her auntie calling. >> It's okay. Simp. You can put it on speaker. >> Okay. >> Get his phone. Get his phone. >> Yeah, >> he's good. We got to get you up. Ready? One, two, three. Sit up. >> I hope he told you he pulled out a knife for me. I'm eating with my family. >> No, you need to stand up. >> I have to stand up. 3. >> Yeah, I got this. Only >> walk back to my car. >> Yeah. >> Wherever the closest car is, I'm put in the truck. >> I don't know why. >> You didn't do nothing. You pulled out for me. I don't run. Right. >> All right, darling. Come here. >> We're not coming, darling. >> I'm not going to run. I promise you I won't run. Just get my daughter. Make sure she's okay. All right. >> Okay. Let's go around this way. >> Okay. >> No, ma'am. I'm not. Watch the pool. >> Did I show y'all the video? >> I'll check you one more time. All right. >> Show up. >> Take a seat. >> All right. Come over here. >> On this side. >> I'm going to put you right here. Okay. Just going to have you sit. I'm going to go ahead and have you sit. Okay. I'm not going to close the door or nothing. >> Just have a seat. >> No, you're good. >> Yeah, if you want to. >> Huh? >> I'm not. I promise. I promise I won't. >> Sweet girl. >> This is my buddy. This is Officer Fitch. >> Hi. >> What you got there? >> A bottle. >> Oh, we're not going to. I promise. >> Weren't they supposed to have a child? >> Stay over here. >> Yeah, we are 10:12 with a child as well. What's your name? >> Symphony. >> Symphony. That's a pretty name. >> Hey, hey, boy. >> Good job, buddy. >> Call my brother for my for my daughter. >> Well, you can call your brother. That's fine. There's no issue there. All right. You going to say I'm going to arrest you or something? >> You're being detained right now for an investigation, you know. >> Damn, bro. >> Here, I got you. >> It's this one right here, though. >> He's just having a hard time getting in. So, stuff. >> That's fine. He can stay out here right now. >> My stuff right here. >> Yeah. If you want to stay and talk, >> I'm going put your money in your wallet. All right. >> No problem. >> Here. Watch. Here's your money. >> I'm put it I guess uh right here should be fine. Hopefully. Put that back. >> All right. >> It's okay. >> I think y'all made my baby pee on herself. >> Oh, baby. It's okay. Do >> you have any diapers or anything like that? >> She's potty trained, so she doesn't wear diapers. >> Okay. Well, how old are you? How old would I get? >> Show them with your fingers. >> I mean, >> you're already potty trained. That is awesome. Give me five. >> Yeah. >> You have to potty like a big girl. >> Yeah, I know. There's a lot going on. It's okay. >> Yeah, there's a lot. >> It's all good. I have a little boy. He's three. >> He's as tall as you. >> Going to have officers come talk with you and that's all. >> Please don't kill us. >> Why not, baby? We're not. >> You're right. >> We're okay. >> We're good. We're here for you. >> It's all good, man. Like I said, just >> I know what's up. >> We We going to The same courtesy you show us. We're going to afford you courtesy. >> I hope you see that video, though, cuz I'm with my daughter, my family. You pulling out a knife. We like What are you doing? >> Somebody pour water on the floor. You thinking somebody pissed her? I left so [ __ ] escalating. But he slapping my car, running around my car. >> I'm going to go ahead and take your air necklace off or your I'm sorry, your lanyard. >> Mhm. Do you have any ID on you? Um, >> no, not on me. At the time I died. >> What do you have in here? >> There's nothing in there. >> No, just rocks. >> Yeah. Yeah, she was playing with >> Oh, I see. Okay. Just the rock. >> Yeah. >> Nothing else? >> No, sir. >> All right. Go ahead and have a seat for me. >> If you want to, we consolidate them right here on this on this vehicle. All right. It's code to finish. Come on over here and >> go back to my car. >> Yeah. Where's the baby? >> We got say where the baby at? >> Baby's right there with the CS. >> All right. Baby's good. Baby's good. >> Press the charges, too. We press the charges. Jesus Christ. Almost ran just cuz I was scared. >> Yeah. >> Oh, man. I was dog almost made me go, bro. >> Not that. Yeah, I would have. >> If it was loose, I had no choice but to look. >> No, I mean, I would have choice, man. You get bit. I'm sorry. I mean, you made the right choice. I'll tell you that. >> But once I see the least in my eyes, just don't don't let him go. >> My wrist a little bit. >> Don't let him go. >> So, keep your hands just like this cuz I can put my finger through here. It's just it it's how you if you have them like this, they're going to be tight. >> He ain't never been in no handcuffs before. So, they comfortable. >> No, I understand. >> About to press charges, too. That old guy in here. Yeah. About to do the same thing. Like I said, we going to take both sides of the story. We're going to look at video footage and stuff like that. >> We're going to go through all the motions. >> I'm telling why you arguing with the lady, bro. Y both pucking up in front of my face. >> Come on. But y'all got to go see the video, right? >> Yeah. Absolutely. Like I said, we going to do a thorough investigation, man. >> And I want y'all to see the video. Y'all going to know the difference. >> Absolutely. >> Somebody provoking you. You know what I'm saying? >> Yeah. Absolutely. >> Boy pulled out that knife. >> We going to do a thorough investigation, man. Whatever we can do to clear each party's will do. We ain't >> clear. We clear. We clear prison charges too. Damage to my vehicle at all. >> So if y, god forbid, you know, push come to shove. Mhm. >> I don't want my daughter to go to no prison. I can call my brother. >> Listen, we'll let you get your phone calls, man. We ain't going to do like that. >> Ain't no push come cuz I shouldn't be going to jail for anything. I ain't touch no damn body. >> I'm about to [ __ ] myself 100% all the time. >> Pull out my knife. >> So I don't even understand why he's pulling. He's going to promise. >> Oh, you got him. >> She's She's got a good rapport with me. That's the thing. She'll be all right. >> You want to stand with your mommy? >> Yeah. Good meeting you. You were so free. >> Bye, Symphony. Goodbye. >> [ __ ] >> Where you going? >> She'll be right back. You got a sticker. >> Are you police? >> I am. >> I'm an old police officer. >> Go to the sub. Right there. Go to the sub. wash her hands. He goes, "Hey, you can't be pissing them. Ain't nobody pissing them, man." You know, then that's back and forth, back and forth. >> Big brown dude come out like Superman. >> Can you take off that? >> Maybe later. I can't right now. >> But my daddy can't go in there. >> No. >> No. >> Okay. >> And my mommy can't go in there, too. >> No. >> And not a You're too You're too young. You're too little. You're too nice. Too sweet. They not even let me put my kid in the car. [ __ ] running around the car getting crazy. Y'all going to see my daughter run away. Hold on. Pull up to the side. >> Oh, baby. I probably wouldn't sit right there until I had a clear shot that you know your child in safe cuz I don't want to ever see the child get apprehended by one of my dogs. That's how I know. >> Safety is for that child is more important. Yeah. >> I just cover my nuts first time. >> He's a good heart, man. He does good for the community. >> I know. He just don't know right now. Who? He's looking at me like a goat. >> You know what? >> What's up? >> You take my mom out the dirt >> in a minute. Oh. >> Oh, come here, >> Stephanie. >> Stay over here, honey. >> Stephy, come back over this way. Come by the car. >> Let's come over here. Come over here by your mama. I don't want you to get hit by a car. Come here. These these crazy drivers don't pay attention. >> Stay right here. Come back. Back up. Thank you. >> There you go. I got the Tiffany, don't smash my face. down. >> Guess what? >> What? >> I I bite my mom nose. >> Oh, you did? >> Yeah. >> Oh, goodness. >> That's why I messed in. I'm like walking the road. >> Hi, pumpkin. >> We got to do a show up real quick before we Okay. >> I mean, we're >> How are you? >> This is Symphony. >> Hi, Symphony. That's a pretty name. The detainment of the mother and daughter was the most controversial part of this case. People online were outraged at the police for supposedly endangering the three-year-old child. The Winter Haven Police Department had put out a statement to counter this narrative. >> We're not going to skip around it. The optics of this incident are bad. They're terrible. We have a bolo out for a armed disturbance person with the firearm. >> At no point did any officer aim a weapon at the child. Body warn cameras and other footage confirms that once officers realize the child was present, the firearm was immediately lowered. I wish we would have done it a lot more swiftly. Get up to her as fast as possible so we can get her off the ground. But it is what is known to the officers at the time. At the time they had someone that was armed with the firearm. >> I know. He said something like I'll go ahead and do it because he was already like very upset. >> So you heard I'll go ahead and do it with >> No, it it was I'll finish you or or something like something like that. >> Okay. >> I'll finish you, son. >> Did he say that before he pulled the gun? >> No, he said it after because he was telling him like, you know, why did you pull the gun or whatever? And I came I came inside and I stood right here and that's when I called 911. >> Could you help me find the other two? >> Hey B. >> So what did he say to you like after y'all talked about you know don't pee on the um when he started getting physical like he was trying to fight. >> No no he he say uh oh you see what what you cause. I didn't cause anything. I told you what what the way what what we do that over here. Okay. Did he say anything about getting that gun before he got it out? >> No. >> When he got the gun out, did he say anything? >> No, he didn't say anything. >> I just I just watching him. I was close to him watching him because I know he grabbed the gun. He got on the hand and I thought if he trying to pull the gun, I going to hand it on, you know, on a on an arm trying to avoid so nobody be injured. >> Yeah, you're right. that that's why I was close to him and trying to stay with him, not with the other one. But I know the other one don't have nothing. I mean, >> um, do you know where the other guy is? When he grabbed that gun, did he say anything? >> Yeah, he said, "I'll finish you or or or shoot shoot something like that. >> Hang tight here." Um, >> what? They got custody at me? >> Mhm. Possible. I'll come back. >> I'm going to put you in the backseat of my car. You're not going to get handcuffed with me. Okay. But what I need you to do is we have stopped some people and they look just like the people that were involved in this incident. And what I want you to do is see if you're able to identify them. If not, tell me they're not that's not the people. If it is, tell me that's the people. Okay. >> Okay. >> The other guy tell >> Oh, Gandhi though, too. >> Yeah. >> Oh, the other guy who he was over there, right? >> The older guy. Oh, >> she got the radio. We'll get over there. We'll make it quick and then we'll come back. Okay. Promise. So, I'm going to read this to you. Just let me know if you understand. You will be asked to view an individual. It is just as important to clear innocent persons from suspicion as to identify guilty parties. You should not feel you have to make an identification. If you identify someone, I will have you indicate your identification on the form below. Regardless of whether you make an identification, we will continue to investigate the incident. Since this is an ongoing investigation, you should not discuss the identification procedures or results. But you understand these instructions. I'm going to have you go ahead and initial right next to that X, please. >> You don't have to get out nothing like that. We're just going to drive by. Okay. >> And it just a block of instruction of what we're going to do. Okay. Okay. So, Mr. You'll be asked to view an individual. Okay. >> All right. Do me a favor. Go ahead and step stand up. >> You want Come here, baby. >> Yeah, I'm here. >> Come over here with me. Okay. Come here, >> Perry. >> You want to bring him around to the side? >> Sanchez is pulling up. here with me. Okay. Cuz the road's really busy. Okay. >> You see those police cars over there? >> Yeah. >> Okay. Got you. Drive by slowly. Just let me know. Okay. >> Yes. What? >> Yes. That's him. >> That's him. Who did what? >> The gun. >> Okay. And do you know the other person or No, >> the lady. Yeah. >> Okay. What did she do? She had that bottle. I don't know if it was a bottle of water or a bottle of coconut water. >> That's a 10 for my witness. >> All right, Price, you're next. >> And just so you're aware, sir, they can't see you through that glass cuz it's tinted. Okay. So, sir, we're going to drive by where the police car is. Both subjects are going to be standing there. Okay. So, all I need you to tell me is yes, that is the same person or people or no, it's not. [Music] Yeah, that's both of them. >> Both of them. Yes, >> that's a yes for my witness as well. >> All right, dispatch, notate. That's a 10 four two times two. All right. You guys will now be placed under arrest. Okay. >> I'm under arrest. >> Both of you? Yes, ma'am. >> All right. >> All right. Can your question? >> Yes, sir. >> How's it about pressing charges? Cuz over there on him, cuz I couldn't sit there. >> Yeah. Yeah. No, he had a knife. He's banging around my car as you seen the video. >> I I just back up. I have no idea what happened over there. Those other officers that are investigating, they'll be over here shortly. All right. To talk to you or they'll come up to the PD. Okay. What can I do for you? >> I was just asking why am I being arrested cuz I didn't put my hands on nobody. >> I I don't know anything that happened over there. I'm just >> I'm going to explain everything to you. >> Yeah. I'm just telling you what what they are telling me. >> All right. >> The the family's coming to get her. >> We'll go ahead and we'll take you back to this store. Okay. Okay. >> I'm heading out, Price. >> But, um, I'll go ahead and open the door for you and you're good to go back to work. All right. >> All right. >> Not a problem. Thank you. I really appreciate your cooperation. >> All right, Mr. Thank you so much. >> Thank you. >> Have a good day. Okay. >> All right. Thank you, sir. >> Thank you. >> So, I got everyone in here. Um, you two are agreeing to be witnesses. >> Yeah. >> Yes. Okay. and you no longer want to press charges or anything like that. >> I don't want press charges. >> I don't know. In my case, I didn't do it because that's not good for the store. I don't know. It's up to you. >> No, no, I'm not pressing charging. >> Okay. So, what I'll have you do, would you still like to give a statement or you just want to sign a waiver and be done with? >> No, I'm done with >> Okay. So with you signing or right there on the waiver portion that you no longer want to prosecute and then you guys are you still want to participate? >> I don't want I don't want no problems cuz outside of here you know like if I go home and I just think of like what on the outside >> what we what will happen. >> Uhhuh. >> I don't want him to come to the store. >> Yeah. We are really busy over here and and this is a a good store and we're trying to everybody be happy when they come over here. Our reputation on on on a store is very good till now. So we don't want to damage that. >> So >> at this time so on my case, no. >> You want a waiver? >> Sign a waiver. Be done. >> Yeah. >> Okay. Are you doing the same? >> Okay. Just sign right here and right here. So just let you guys know that this will be it. After this, there will be no prosecution, no one's going to jail, no complaint affdates, no nothing. >> You're going to sign right here actually right here below. >> So, how we we let them know that they're not allowed or >> Well, we'll let them know. Anything else I can do for you guys? >> All right. Thank you. >> Thank you. >> Sorry for the hassle. >> No, it's okay. >> Have a wonderful day. >> Yep. You, too. Despite two of the victims being able to identify the suspects, all three victims decided not to press charges. This calls the store employees story into question, especially the male employee, Jesus Cresbow Perez, who was involved in the physical altercation with the male suspect. >> Stand by real quick, cuz things have changed. Um, that's what I'm saying. Um, >> I don't that man. We We understand there was a firearm involved. Is the firearm still in the car? >> Yeah. >> All right. May I get the firearm? >> Yeah. You get the firearm. >> Where is it? Where is it at? >> The driver door. >> Driver door. Got you. All right. Appreciate it. >> What I am going to do is I'm going to have them hold her for a minute. So, she's off the roadway. Okay. But we're going to tell them to hold on. >> Did they let you see the video? >> My sergeant just saw the video. So, here >> I'm going to I'm going to tell both of y'all so I don't have to explain it twice. So, what I'm going to do is I'm going to gather y'all's information. Okay. Then I want to see if you guys will give me some statements and then I'm gonna cut you loose. >> Thank you. >> Okay. >> All right. Things have changed, >> bro. I'm dramatically banging on my car. I got a little kid in the car. >> All right. Stand by real quick. Okay. >> Take her down there. >> Okay. >> We're going to let you know what's going on with all there. Okay. >> Thank you for staying with her. >> No problem. Good luck, guys. Okay. And then apparently what's going to happen is is uh we're going to do what's called a fray. >> And then just everybody's >> like my >> Yeah. >> All right. Cool. >> 10 and four. Can you run 29 check on two Florida 27s? And I also have a firearm if we could run that. And for both of those 27s, can you check for any felony uh convictions? >> The sergeant, he got was able to see the video, the whole video. I think >> once he saw the whole video, it didn't didn't sit well. All right, stand by for me real quick and then we'll get you out of here. >> I'm done on my side over there. I'm going to find waivers. So, >> did they really? Yep. >> I tell you what I'm going to do is I'm going to put your firearm in the trunk. Okay. Oh, don't. All right. Well, I'm going to put it in the back seat then. All right. So, stop on out. Show me. >> I be careful driving that car on the road. It is not registered. Y'all know that >> it's not registered. >> It's not registered. Okay. >> Okay. That's not his car. That's not my car. That's his brother's car. So, I didn't know. >> Okay. But you guys, if you're driving it would still be held responsible. Okay. So, here's your phone, your keys, your lighter, and your >> Thank you. >> My baby. >> I definitely don't want her going home without her rock. >> Here you go. Here's your ID. It's like I told her. Okay. So, here's all the change that was in your pocket. >> Here's your wallet. I put the firearm in the bottom uh on the floorboard under the seat, and I put the magazine behind the center console. Don't go loading it back up until we get out of here. Okay. >> Okay. Both the man, 29-year-old Godfrey Hercules, and the woman, 27-year-old Mariah Banks, were released by police along with their child because none of the victims pressed charges. A complaint affidavit was filed with the state attorney's office for Hercules for a frey, which means fighting in a public setting, and improper display of a weapon. Another complaint affidavit was filed for the store employee, 46-year-old Jesus Crespbow Perez for a Frey. Banks, the female suspect, stated that this incident will leave a lasting impact. >> Winter Haven police say her daughter just mimicked her actions. Banks disagrees. >> She knew that they had the guns pointed at her, towards her, in her direction. So, she felt the need that she should have got down. And she also said, "Please don't kill me. Don't kill me. Don't kill me." Or my mom. She's got PTSD from this. Now I have to take my child at three years old to go to a doctor, a psychologist to try to get her brain and everything back. Right. That's not right. That's not okay. My baby doesn't have mental issues. At the end of the day, it's just hard to watch my baby have to be in this little shell that she's in because that's not her. >> Bank says she's suing both the Winter Haven Police Department and Santiago's Market. Neither the department nor the market are commenting. >> Banks said she's currently seeking professional help to help her daughter process what happened. [Music] [Music]