a wife grabs a key to stop her husband from leaving her husband grabs her hand and squeezes hard enough that she cannot let go her daughter watches from a nearby vehicle minutes later she is placed under arrest he is not Wanna make a couple of sure of a couple of things first I heard you need medical attention or anything like that no I'm just bleeding okay I don't know what that's on my nose from this or she punched me in the face okay I think it's from that it's not from your hand is it like your yeah I think it was cause I wipe my face no my finger here is cut and then that's cut okay I can show you sure you wanna come around see where we're at exactly I just have yeah all my work that works yeah I can just follow you back who's who's this in here with you what who's this in here with you my son and my son perfect guy that lives here works for me I got you okay yeah I'll follow you back there this is the keys okay and I help my son put a Garmin fish finder together you know what it is sure so um we live at 9 0 3 camp street in Barrow OK and we just bought this in like 8 end of March April or something this year and I don't know it was Friday Saturday or whatever it was um we were sitting at home having a conversation and you know like she's a stay at home mom or whatever you want to call it I own rebar and concrete and excavating and we bought this to build a house and a shop and and clearly like I work out of here sure and what we were talking about shit at home like we were not arguing for nothing and you know like she constantly expects me to OK no like every year I get busy I I I do good work and then and you know it goes a long way sure but we have six people you know I mean by the time we get our house and shop Bill like I'm a million dollars literally buy this land and everything in debt like she knows what my payments could be almost 10,000 with everything a month you know normal people can't even do a quarter of that sure well regardless of all that so we're talking at home yeah and you know I said when I get home I said you I always come in here like hey what happened to you know would you learn a news or like talk to you for a split second and in a lot of times it's after dinner and she's got a plate on the stove for me and you know just rotten attitude like I'll give her a kiss and a hug and I'm like OK you know like I'm just gonna eat and take a shower and I sit by on the couch and either if she talks to me yeah great like we can have a 10 hour conversation okay or it's done talk I'm not gonna push the button you know what I mean like yeah I'm right next to you every night well you know she bitches at me about not doing housework or whatever sure I said I've never refused to help but if I'm gone working cause I'm supporting six of us like I I can't be there I'm there for hours doing the work but I can't be here to help you I said never ever have I come home and bitch at you like why weren't you at the job site to help me like I don't treat you like that if I come home and dance on me I'm not you're not my slave like why is the laundry done you know we can we can come back to some of the backstory but that obviously that was that was the so talk the other this weekend whenever okay and she uh I said something about the work oh she's like well you told me four days I was out here cutting wood and cleaning in lumber I said we were I had to pay my son and my worker to help like you could come to land and help it's not my job I'm like your name's on everything like you know she mows the lawn in the summer what grand we just bought we had 74 chickens and 10 ducks and 10 turkeys I said there's a little more to just mowing the grass and collecting eggs like I'm not a dick to you but you know like the green shelter start getting cold she goes the ducks need a shelter okay I said well you and I could build one that's not my job alright well I guess I have to do it and then I did it well you could be spending time with her like dude man like okay I just let's let's get to what happened so then today you know she kept telling me I don't care so that was the week I said I don't care then she literally elbowed me on the couch hit me with pillows I'm like knock it off I put my arm down she wanted a bigger Yeti cup full of water side arm just smoke me in the jaw that is it okay I am not gonna hurt you that was in here or that was still over the weekend I don't know Friday or Saturday okay when that happened I called for a peace officer and she threw that and she ran upstairs and I was on the phone and I walked in and said yeah I need a piece of our address oh my God freaked out took off all her shoes and didn't put her shoes on she ran on socks to the Yukon there's mine drove away so the officer showed up I told him I don't want her to go to jail I just want her to go to her mom's if the kids don't want to leave cause 3 of them are hers and one's mine we don't have it together so the kids don't have to leave okay Missus County Sheriff's Department need to talk to you about what happened earlier out at the cabin with Jan okay okay um can we come in and talk do you want to grab a coat and step out what are you my kids are here I'm gonna get a coat okay Sunday night he had called the bear with police department on me um he was calling my son terrible names and calling us all motherfucker that we need to get out and it made me upset I got up off the couch and took my cup and I went like this not intending to like hit him but I was just pissed he told the police that it hit him in the face which there's no way that that could have even happened I went to my mom's and I stayed there for a few days um as we stayed in a hotel the last two nights so I finally came home today because he told me he was really sorry and didn't want it to be like that he wanted to fix things um so I was here for planning on coming here this morning he told me that he was going to take my Yukon from the hotel so that I couldn't take the kids anywhere whatever have fun walking um when answer my phone calls turn his location off everything like that I've been trying to get a hold of him all day cause this back and forth is not healthy and I have kids that I need to worry about and I don't wanna be here if he's gonna be like that so he wasn't answering and I drove out there to talk to him we sat in the UTV and he yelled at me the whole time and got out and then he opened my door and told me to get out because he's done talking he's got things to do I said I wanna talk to you can't just leave this like this um I'm a stay at home mom I don't have access to our bank account I don't I don't really have anywhere to go my mom lives 45 minutes away and the kids go to school here I grabbed the key out and it was wrapped around my finger and he he took me and grabbed me like this and he's squeezing my hand it was in my hand so I couldn't let it go cause he's squeezing it I said please let let me go and he I tried to run away he grabbed me again and my daughter was watching this in the car so I tried to run around the TV telling him to let me go and the whole while he's squeezing my hand so I could not let it go so finally he did and I threw it so I could run and get into the Yukon and then I left okay um why did you mention grabbing the key in the first place why did you do that because I was trying to talk to him and he's telling me to leave cause he's got things to do I need to leave so I grab the key cause it was running cause he was going to leave okay so that's why I grabbed it cause I I'm he hasn't talked to me and think something needs to be resolved a plan of some sort cause I don't have access to money I can't just go stay somewhere okay so you take the key and then you get out of the UTV yes he opened the door I took it I got out and I was walking away and that's when he grabbed me he chased me and grabbed me okay where did you have a place in mind that you were going when you got out of the UTV I was just gonna get in my car how'd you get there the UTV my vehicle okay um so with with this situation um and with you guys being married um and a like you said maybe not a clear history of disturbances but at least with the law enforcement being contacted a week ago for something in involving you two um what happened today constitutes an act of domestic disorderly conduct OK in talking with both of you what we have to do is figure out what actions took this situation from an OK situation an argument a disagreement that's OK for a husband and wife to have and took it over the line to something that's not okay um and in in looking at what you told us in both of your statements there are things that we can't prove right you guys both said things that the other one I guess there's no evidence of because there's no camera there is nobody who is watching um we would like to speak with your daughter and talk to her about what she saw um but as it stands um the the predominant aggressor of the situation or the person who took it I guess a step further um was you removing the key when he's stating he wants to leave and go about his business and taking the key intending to take it into your car with you OK um so we're we're going to work with you um because there are a number of arrangements that need to be made however ultimately I am going to place you under arrest for one hold on for one count of domestic disorderly conduct I I understand why that's a big deal this man has strangled people before he has so many violent things and I'm like I'm getting arrested my dad has been a police officer for 25 years in the Marines I come from a family of FBI detectives firefighters I don't do things wrong he has a very violent history okay my my job is not to determine guilt or convict anyone I can look at the information that's available to me in the hour and a half that I have known anything about either of you and make a decision okay so I'm doing the arrest right now it does not mean you are guilty you will have your chance to make your case and like I said there is an amount of information on both sides that I can't prove but in the state of Wisconsin when something like this occurs somebody has to go to jail so we'll talk to you more about what it takes to get out what can happen next what can happen with your kids I understand that this is a big deal but as far as taking you into custody for now that may be a relatively temporary thing because I see that your mom is here and we'll talk every talk through what it takes to get you out of custody okay okay yeah is that like do I have to sit like overnight or no as soon as you go through the booking process this doesn't take terribly long you get bailed out and you're out can I go inside and put it in there yeah try to run her over with it I just want you to know that there's two sides of the story and he is he's crazy he's like bipolar psycho crazy like last night he's telling her how much he loves her and wants to be with her and then he's doing this over a key so what's what's what's going on she's being arrested for one count of domestic disorderly conduct can she press charges against him for it's not a matter of pressing charges whatever she wants to do the state is forcing us to make an arrest whenever there's a domestic relationship that's been established IE the two of them being married if there's a disturbance which by both their accounts there was some kind of a disturbance it's our responsibility and duty to determine not who started it but who was the predominant aggressor based on Deputy Hunter's interview with both Jan and Katie he has determined that Katie was the predominant aggressor in this particular district we're not making any judgments as far as what's happened in the past very well could be the complete other way around and I'm not here to argue any of that we're only focused on what has happened why we got called today so I'm gonna transfer her to the jail she's gonna get booked in the bond amount is $150 she is eligible to be bonded out as soon as she's done booking that is something that you could do if you wanted to do that so to expedite the process Debbie Hunter would like to do another interview with the daughter I believe because she was present during this interaction yes so we want to do a full investigation which would include talking to her see what she saw and heard I will transport Katie to the jail so that way by the time hopefully when Deputy Hunter is done she too will be done and you can get her out and she doesn't have to spend the night in jail or anything like that okay um like I said the bond amount is gonna be $150 okay um there'll be a little ATM machine inside of our L E C lobby do you know where the L E C is no I'm not I'm not from Barrow and I'm not familiar with all how this works I'm very tired of it understandable um so it's over it's behind the Dairy Queen off of 1:36 oh okay we're just the backside of that sure you go down Saw Gap and come up Lane Court he can give you directions if need be after we depart um so that's that's what's happening today again I'm not making any judgment calls about anything that happened in the past okay as we explain to her this isn't Deputy Hunter wanting or desiring to make an arrest necessarily but he is bound by state law to make an arrest by the state I know that doesn't make anybody feel better but I hope it gives them some understanding as to why we're we're doing what we're doing I'll be there as soon as what am I gonna do that I can come so you know you can use my cards or whatever ticket love you guys I'm not gonna handcuff you in front of your house so we're just gonna walk over to my car do I have to be handcuffed unfortunately that's policy that's not a that's not a me thing that's a policy thing okay so we're gonna go over there is the law protecting domestic violence victims or producing them this case puts Wisconsin mandatory arrest law under a lens and the answer is more complicated than either side wants to admit Wisconsin Statue 968 dot C 75 removes officer discretion at the scene of a domestic incident when a domestic relationship is confirmed and a disturbance occurs law enforcement is required to arrest the predominant aggressor not necessarily the first person to act the predominant aggressor those two are not always the same person the statute requires evaluation of five specific factors the likelihood of future injury to each party the prior history of domestic abuse between them whether either party acted in self defense the relative severity of injuries sustained and whether either party made threats placing the other in reasonable fear of physical harm multivitamins the predominant aggressive determination rested on a single act removing a running vehicle key the stated reasoning on camera does not reflect a documented five factor analysis under the statute one factor does not constitute the full statutory test the husband physically grabbed the wife's hand and squeezed it with enough force to prevent her releasing an object he then chased and grabbed her a second time under Wisconsin Statute 940 dot 19 intentionally causing physical pain to another person constitutes battery that conduct was not identified on camera as a competing act requiring parallel legal analysis Wisconsin Statute 968 dot 75 explicitly lists prior domestic abuse history between the parties as a mandatory factor the subject alleged prior strangulation and an ongoing pattern of violence the responding officer acknowledged those allegations then characterized them as outside scope of that day's investigation under the plain text of the statute prior history is not background information it is a required element of the determination lesson 1 in mandatory arrest jurisdictions any physical act in a domestic setting can provide probable cause for arrest regardless of intent this is not legal advice it is the operational reality of how these statutes are applied at the scene level lesson 2 the predominant aggressive determination is only as thorough as the investigation that produces it undocumented injuries unexamined prior history and witness accounts not yet taken are gaps that courts will later have to fill without the benefit of the original evidence the question this footage leaves open is not whether the arrest was legal under Wisconsin 968 dot c 75 it was the question is whether the correct person was identified as the predominant aggressor under the full five factor framework the statute requires in a household where one party controls all income all vehicles and all financial access and the other has nowhere to go and no money to leave who under the statute is truly the predominant aggressor the court will decide but will the record give it enough to decide correctly