and then the guy that hit me with a beer bottle and another gentleman with a beer bottle the tall guy with the tan hoodie was fighting with another person stop stop you're doing all right stop he's behind you when does an officer have the right to stop you without telling you why when does knowing part of the law become more dangerous than knowing none of it and when force is used who does the Constitution actually protect this footage raises all three questions none of them have simple answers so the 2 is 2 and 2 causing issue walked around the corner there's a taller black male cream cream color hoodie and then the guy that hit me with a beer bottle and another gentleman with a beer bottle walked around the corner you're wearing a black uh black hoodie with a headphone logo okay real quick so we can look for him do you want charges do I yeah hey they're literally right around the corner so black black hoodie if you walk through here they're literally here let's go follow me follow me follow me and follow me so you can point him out where are you going what was the description the guy that hit you said black hoodie black hat so he's wearing a black hoodie he's got a looks like a pair of headphones like bluish uh huh uh some sort of black hat on blue jeans uh I didn't see anybody when I pulled up so the the tall black guy at the register right there did he have black and white Jordans Nikes I think so he's inside right now okay they're both outside yeah he's inside right now which one is it you alright though bro you're you're all good alright I'm do you have any injuries or anything I he got hit on the head by a bottle I mean with a Medello bottle I don't know if it broke can you pull your hair over just to see if it didn't break you're lucky dude when it breaks it's all skull he hit me twice did he say anything before well I pushed him because he broke a bottle over my friend's head who I guess was starting shit with the taller gentleman they're only getting loud though they weren't getting it wasn't like a physical I mean well apparently he's been he was being creepy to Ashley uh huh oh and she didn't want nothing to do with him Circle K downtown that's why they're kept standing outside yeah you want an ambulance come check you out for anything make sure you're all set just to be safe or what are you feeling right now oh man that kind of sucks I gotta work uh obviously we're more concerned about your health at the end of the day that's fair it might probably be a good idea OK aim is call aim is call OK here can you come here real quick can you can you come here for a second come in can you point them out which one to me the what the one that hit you in the bottle yep is the tall guy with the tan the tall guy with the tan hoodie was fighting with another person which one hit you in the head with the bottle the white guy Jay which white guy the Jay the one over there come on oh the white guy in the black hoodie right here what the fuck what Jay get out of here bro I'm so sorry I'm so sorry no come out here and talk with me nope that's not how that's working yeah that is yes you gotta come out and talk to us we're gonna talk with me no okay watch out you who you why are you talking to me why I'm drinking why I'm getting water from the gas station you're gonna go talk with me hey I don't know hey well I'm gonna call no you're staying right here what's going on over at the bar where what was going on over at the bar what bar the bar you were just at what bar Nate Wallace tell me what you know okay eww first of all eww okay back up he told you to back up in there and then you're gonna follow it out here too back up no he didn't tell me why okay we don't have to tell you why you're a grown ass yes you do you're a grown ass adult no we don't you still tell me why no I don't have to state of Ohio you still tell me why I'm under arrest state of Ohio why you are arresting me yes you do are you arrested right now why I mean what have I'm I'm just did you did you pay for that yes my husband did OK what happened we're hoping you can tell us I'm I'm more than happy to tell you what the hell happened I'm just I just so so we responded to a call that there was a married couple fighting or two or two people fighting arguing okay okay so we show up here I kind of came up late if I'm being honest with you so getting pieces of it together so somebody yeah color ID you guys as the people who were fighting yes so we're doing it wasn't do nothing to me get the fuck off me bro stop stop you're doing alright stop hands behind your back oh my God you're on camera that's fine yep got my face in the concrete I don't know what the fuck I did but you can't even talk to me like a civilized human being give me your name or badge number like you're supposed to go ahead stop stop loosen your hands I'm not loosen your hands up man shut the fuck dude OK I'm done this before you're getting stupid your ass bro yeah slam my head in the console nobody's slamming your head yeah you are you're sitting my OK stand up no fuck you that's broken I got a belt a wallet where's my phone is it still recording I want to pick this up you got body cameras yep where's your body camera you ain't got a body camera literally right there bud hey nobody got a alright that's it he lives we had complaints with him for them I was just saying we've dealt with him before we've dealt with them a whole bunch of times 54 are you over in my cruiser hey affirmative affirmative yep careful he's amped up if you guys open it I love you where's where's he at where's he at they didn't tell us that they're that they're detained at the moment I don't think anybody did I don't think so you got her what I'm gonna give this back to the guy that got in head with the ball so I don't forget it or you can be able to search her yeah that's fine just hold on just hold on yeah y'all hold you got anything on you it's gonna stick us Pokus hurt us no knives no guns I'm good I just please let me tell my kids that can I please text my cousin that he's gonna watch my kids tomorrow she's good OK can I please text my cousin that he's gonna watch the kids tomorrow OK please well give us a minute not at this moment alright Daniel take seat for us watch your head when you sit down OK I'm gonna go find my dad Dad Dad Dad went that way yep yep Jacob here you go boss I snatched her up so she was she was you didn't me don't me there's fourth I don't know who the fourth was whoever did the whoever took him to the ground and needs to do his course yeah he just snatched her up that yeah that he doesn't require yeah and she was just pulling away yeah she was pulling away but as soon as I got the rest of them out she and he gave it up he gave a false damage for fighting even though how badly injured the dude that got smashed I couldn't see anything so there's no laceration nothing like that that I could tell is he gonna get transported um I was letting him talk to fire and then I was gonna go talk to him so I don't think he's getting transported so I'm gonna talk to him again just gonna be in a regular assault then yeah regular assault and obstruction probably I don't know what yeah my knees ate the pavement hmm I um listen I wanted to roll the opposite way cause that dude and Dalton were going down fast and I was not ending up under that I will go home and I will do anything in my ass please do you need me or no no I was just thinking OK so if they're talking I'll stay by her there's a gun just calm down a little bit so we'll see we'll wait hey y'all my time had nothing to do what's his name Keith Terry v Ohio 392 US 1 1,968 established that an officer may briefly detain a person based on reasonable articulable suspicion that criminal activity is occurring a direct in person victim identification of a violent assault suspect satisfies this standard without requiring probable cause for formal arrest The Fourth Amendment draws a clear line between investigatory detention and custodial arrest the moment a victim provides a positive in person identification the aid of more legal threshold shifts from reasonable suspicion under Terry to probable cause under the Fourth Amendment authorizing a warrantless custodial arrest Ohio Revised Code section 2,935 dot 5 requires officers to inform an arrested person of the cause of arrest this obligation attaches at the moment of formal arrest not during a Terry investigatory stop the subject in this footage cited the statute correctly as written but applied it to the wrong legal stage of the encounter that error transformed a procedural dispute into a criminal charge Graham v Conner 490 US 386 1,989 sets three factors for evaluating force the severity of the crime at issue whether the subject poses an immediate threat and whether the subject is actively resisting or attempting to evade detention all three factors are assessed from the perspective of a reasonable officer on the scene not reconstructed from evidence gathered afterward Ohio Revised Code section 2,921 31 defines obstructing official business as a purposeful act that hampers or impedes a public official in the performance of lawful duties active physical resistance during an ongoing arrest investigation places the subject at the physical control level of the use of force continuum and satisfies every element required for a second degree misdemeanor obstruction charge Ohio Revised Code section 2,903 13 defines assault as knowingly causing or attempting to to cause physical harm to another striking a person in the head with a glass bottle meets this standard without ambiguity where serious physical harm results the offense elevates to felonious assault under Ohio Revised Code section 2,903 dot 11 a felony of the second degree city of Houston v Hill 482 US 451 1,987 confirms that verbal challenges to law enforcement are protected speech under the First Amendment officers cannot arrest a person solely for demanding to know why they are being stopped however First Amendment Protection ends at speech conduct including physical resistance falls outside that Protection entirely two lessons emerge from this footage that apply to both sides of the badge for officers Terry Stop does not require explanation but providing one closes procedural gaps reduces escalation risk and strengthens the legal foundation of any subsequent arrest for civilians verbally asserting your rights is constitutionally protected physically resisting an investigatory stop is not that line determines whether you leave with a case or a charge this encounter was documented charged and closed at the scene but the deeper questions remain open were the charges against Danielle Kirkendall proportionate to her conduct or did a procedural gap by officers create the conditions for her resistance did Keith Kirkendoll face the full weight of the charges the evidence supported the full breakdown of every decision every grade and every legal consequence is ahead