GET THE COPS GET THE COPS TURN BACK TURN BACK MOVE MOVE MOVE MOVE YOU'RE ABOUT TO GET TASED YOU'RE GONNA GET TASED IF YOU DON'T STOP YOU'RE GONNA GET TASED WHAT FEDERAL LAW GOVERNS WHEN A PASSENGER ATTACKS A FLIGHT CREW AT 30,000 FEET AND WHAT HAPPENS WHEN THAT PASSENGER MAY NOT BE CRIMINALLY RESPONSIBLE AT ALL THESE ARE NOT SIMPLE QUESTIONS THE ANSWERS SIT AT THE INTERSECTION OF AVIATION LAW CONSTITUTIONAL LAW AND CRIMINAL DEFENSE DOCTRINE I'M GONNA DETAIN HIM RIGHT AWAY AND THEN GET HIM OFF THE PLANE YEP YEAH WHAT I I I DON'T KNOW ANY MORE THAN PROBABLY YOU GUYS I DON'T EVEN KNOW WHAT THE GUY LOOKS LIKE OR IF IT'S A GUY OR I DON'T KNOW THERE'S A LOT GOING ON IN THERE SHIT GO AHEAD GO AHEAD GO AHEAD OPEN IT OPEN IT OPEN IT OPEN IT OPEN IT OPEN IT GET THE COPS GET THE COPS TURN BACK TURN BACK MOVE MOVE MOVE YOU'RE ABOUT TO GET TASED YOU'RE GONNA GET TASED IF YOU DON'T STOP YOU'RE GONNA GET TASED LET HIM GO LET HIM GO LET HIM GO LET HIM GO LET HIM GO SHE'S GOTTA LET HIM GO YOU GOTTA LET HIM GO MA'AM MA'AM MA'AM YOU HAVE TO LET HIM GO MA'AM LET GO LET HIM GO MA'AM MA'AM LET GO MA'AM LET GO MA'AM LET GO MA'AM LET GO LET HIM GO DAMN LET GO THIS TIME SHE GOT THREE OFFICERS AND A CIVILIAN WITH A PUBLIC 48 LET GO LET HIM GO LET HIM GO LET HIM GO DAMN LET GO AND HE SHE WAS SHE'S BEEN HOLDING HIS HAND THROUGHOUT THE ENTIRE PROCESS SO THEY'RE TOGETHER THEY'RE TOGETHER THEY'RE TOGETHER NO SHE'S BEEN HOLDING HIS HAND YOU HAVE TO GET OFF OF HIM YOU HAVE TO GET OFF OF HIM NOW YOU HAVE TO LET HIM GO YOU HAVE TO LET HIM GO SIR ARE YOU OKAY ARE YOU OKAY SIR LET HIM GO LET HIM GO LET HIM GO MA'AM YOU HAVE TO LET HIM GO NO NO YOU HAVE TO LET HIM GO MA'AM YOU BETRAYED ME YOU BETRAYED ME BECAUSE OF THE BLAMES ON TOP OF IT YOU KNOW YOU HAVE TO TRY ON VA S'ARRANGER POLO EH EH NON NON NON DIEU PAS FAIRE ÇA NON NON NON NON NON LET HER GO J'AVAIS D'AVIS J'AVAIS D'AVIS QUE LE SANG DE JÉSUS NOUS LIBÈRE QUE LE SANG DE JÉSUS NOUS PROTÈGE QUE LE SANG DE JÉSUS NOUS PROTÈGE JE LES AIME DE TOUT MON CŒUR JE T'AIME DE TOUT MON CŒUR MOI MIJO VA CAR IL FAIT ÇA LÀ CONNAIS PAS LES MOTS CONNAIS PAS LES MOTS SI TU SAIS PAS FAIRE ÇA MOI MIJO CONNAIS PAS LES MOTS DE TOUT MON CŒUR DE TOUT MON CŒUR MOI MIJO CONNAIS PAS LES MOTS DE TOUT MON CŒUR DE TOUT MON CŒUR LET'S MAKE SURE THIS GUY DOESN'T TAKE THAT LET'S MAKE SURE THIS GUY DOESN'T TAKE THAT OK I GOT HIS LEFT HAND I GOT HIS LEFT ARM WHAT DO YOU WANT ME TO DO WE HAVE TO GET HER OFF SHE WON'T LET GO WHERE'S HER OTHER LEG I I GOT I GOT HIS UH IT'S UNDER THE SEAT THERE WE GO GET HER GET HER GET HER OFF GET HER OFF LET GO HE'S GOT HIS HAIR HE HAS HER HAIR YOU GOT THAT SIR OK I GOT A CLEAR SHOT HER TASER I GOT HER TOO I GOT HER YEAH YEAH HE'S GOT HER HAIR YEAH I GOT I GOT I'M GONNA TASER HIM IF YOU GUYS LET GO JUST GET HER RETREAT I GOT HER OKAY JUST GOTTA GET HER OFF IT'S THE HAIR J'AI DIT QUE LÀ JE VAIS DIRE À MON MICHOU ON DIT UNE SAUVE AU MON MICHOU OH TU PARLES MON MICHOU CALAIS DES POULES OUAIS D'ACCORD PAS VRAI ON VA PAS SE PASSER DU BONHEUR PARCE QUE ON EST MAROU ON EST VACCINÉ SAUVEZ AU MON MICHOU ALL RIGHT READY STAND BACK STAND BACK FOR TASER STOP OK I'M GONNA HIT HIM AGAIN STAND BY STAND BY TASER TASER TASER NO NO NO NO NO LET GO LET GO OF HER HAIR LET GO ÇA VA ÊTRE COMPLIQUÉ ÇA VA ÊTRE COMPLIQUÉ NÃO PODE NEM NADA NÃO PODE NEM NADA NÃO PODE NEM NADA WE NEED TWO PAIR OF SHACKLES DOWN HERE IF YOU CAN GET THEM TO US YOU WANT I'LL GET ONE JUST TAKE ONE MORE I GOT THEM BOTH YEAH BOTH YEAH APPRECIATE IT I GOT ALL KINDS OF STUFF WATCH YOUR HEAD WATCH YOUR HEAD ALRIGHT WE GOT ROOM TO WORK NOW ALRIGHT THROW THROW I KNOW THOSE GIRLS AREN'T THAT GOOD NOUS TE BÉNISSONS EN CETTE OH PLEASE I ONLY HAVE TWO PROBES I DON'T KNOW WHERE THAT THIRD PROBE IS SO I DON'T WANT ANYONE STEPPING ON IT IF IT'S IN THE IT'S A PROBE YOU SEE YOU SEE THESE THINGS HERE ON THE ON THE FLOOR THERE IT IS IS THAT IT LET ME HAVE THAT I DON'T WANT ANYONE TO STEP ON IT YOU GUYS HAVE AN IPAD OR NOT YEAH I HAD AN IPHONE YEAH I THINK THIS IS IT AND HIS SHOES THESE ARE HIS SHOES HIS PHONE AND HIS WALLET OR HIS SHOES I THINK UH BEST HAS A KNIFE RIGHT NO I GOT I GOT I GOT A KNIFE RIGHT HERE THE ONE I WAS TRYING TO USE TO OPEN THE DOOR NO I HAVE MY OWN KNIFE THAT WAS A I THINK IT WAS A GOOD IDEA I'M JUST LOOKING FOR SOMETHING MAKE SURE WE DIDN'T DROP IT YEAH I'M DROPPING WE'RE MISSING A KNIFE I WANT TO MAKE SURE YEAH I SAW I SAW YOU TAKE IT OUT I WANT TO MAKE SURE AND THEN I THREW IT OVER HERE YOU THREW IT OVER HERE YEAH AND I THINK MY OTHER PARTNER GOT IT THOUGH YEAH I JUST WANT TO MAKE SURE I SAW YOU PUT IT DOWN BUT I THINK SOMEONE GOT IT OKAY GET HEY GET SIX SIX UP HERE SO THAT WAY THAT WAY YOU SEE TWELVE DON'T SWALLOW DON'T SWALLOW DON'T SWALLOW NO SWALLOWING NO SWALLOWING OPEN YOUR MOUTH OPEN YOUR MOUTH OPEN YOUR MOUTH OPEN YOUR MOUTH 49 USC 46,504 INTERFERENCE WITH FLIGHT CREW MEMBERS PHYSICAL ASSAULT OF A CREW MEMBER DURING FLIGHT CARRIES A MAXIMUM FEDERAL SENTENCE OF 20 YEARS THE STATUTE REQUIRES ASSAULT OR INTIMIDATION THAT DIRECTLY INTERFERES WITH CREW DUTIES DOCUMENTED PHYSICAL VIOLENCE AGAINST A FLIGHT ATTENDANT SATISFIES EVERY STATUTORY ELEMENT 14 CFR 91.11 RUNS CONCURRENTLY AS AN INDEPENDENT REGULATORY VIOLATION FEDERAL AND STATE CHARGES ARE NOT MUTUALLY EXCLUSIVE BOTH CAN BE PROSECUTED SIMULTANEOUSLY GRAHAM V CONNER 490 US 386 989 THE CONTROLLING STANDARD FOR ALL USE OF FORCE ANALYSIS REASONABLENESS IS JUDGED FROM THE OFFICER'S PERSPECTIVE AT THE EXACT MOMENT OF THE DECISION GRAM'S THREE OPERATIVE FACTORS SEVERITY OF THE CRIME IMMEDIACY OF PHYSICAL THREAT AND ACTIVE RESISTANCE ALL THREE WERE PRESENT AND DOCUMENTED ON BODY CAM BEFORE ANY LESS LETHAL FORCE WAS DEPLOYED BRIAN V MCPHERSON 608.3 D 614 9TH CIRCUIT 2010 TASER DEPLOYMENT REQUIRES A SUBSTANTIAL AND IMMEDIATE THREAT NONCOMPLIANCE ALONE IS LEGALLY INSUFFICIENT ESTATE OF BOOKER V GOMEZ 745 F POINT THREE D 405 10TH CIRCUIT 2013 TASER USE AGAINST AN ACTIVELY RESISTANT AND PHYSICALLY THREATENING SUBJECT IS CONSTITUTIONALLY PERMISSIBLE DOES THIS SMELL OK HE WAS SITTING LIKE THAT AND THEN AT ONE POINT HE STARTED KICKING HE WAS LIKE AGITATED DOING THAT THIS IS ALREADY AFTER THE EPISODE HIS WATCH IS ON THE GROUND LIKE THE CHAIR IS ALREADY KICKED IN AS YOU CAN SEE AND THEN THIS IS KIND OF WHAT WAS HAPPENING ON THE GROUND DO YOU KNOW DO EITHER ONE OF THEM SPEAK ENGLISH NO CAUSE IT SOUNDED LIKE IT ALMOST SOUNDED LIKE FRENCH TO ME BUT I'M NOT 100% SURE I KNOW THE LADY SPEAKS ENGLISH OH SHE DOES YEAH SHE WAS SPEAKING ENGLISH TO ME SHE WAS SINGING A SONG SHE WAS SINGING A SONG IN FRENCH I THINK SO OH OH YEAH SURE I'M GONNA TAKE A GUESS I THINK THAT WAS THE ANTHEM I HEARD THAT ON THE OLYMPICS DO YOU NEED THEIR NAMES CAUSE WE HAVE THEM HERE YEAH YEAH THAT WOULD BE GREAT WHERE WERE YOU GUYS FROM FROM NEW YORK CITY TO MIAMI WE JUST TOOK OFF FROM MIAMI YEAH OH YOU GET SO SO THEY WERE HERE YEAH THEY WERE PERFECT CALM LITERALLY THEY PUT THEIR STUFF UP THEY DIDN'T SAY ANYTHING SO THEY WERE FLYING FROM HERE YES TO MIAMI SO DID Y'ALL EVEN GET IN THE AIR OR DO YOU HAVE TO TURN AROUND YOU HAVE TO TURN AROUND IT HAPPENED LITERALLY ON THE CLIMB UP WOW OKAY WELL HE WAS DOING THE ROSARY BEADS OR ROSARY WHATEVER HIS GUMS WERE BLEEDING WEREN'T THEY SO WERE YOU ABLE TO TELL WAS SHE PART OF IT OR WAS HE JUST HANGING ON TO HER NO THEY'RE THEY'RE THEY SEEM LIKE THEY KNOW EACH OTHER AS FAR AS THEY BOTH CAME IN TOGETHER THEY WERE TRAVELING TOGETHER OK AND SHE WAS WHAT I SAW KEEPING HIM CALM SHE WAS HOLDING HIS HAND WHILE HE WAS GOING OUT SHE HE WAS HOLDING HER HAND AND SHE WAS CHILL OK YEAH SO YEAH SHE DID NOTHING IN FACT TO HELP US NO SHE DIDN'T REACT TO HIS OUTBURST AT ALL IN ANY WAY SHE DIDN'T LOOK UP SHE DIDN'T REPLY TO US SHE DID NOTHING OK IT WAS WEIRD IT WAS LIKE IT WAS WEIRD IT WAS LIKE LIKE HE WAS SAYING IT WAS LIKE A MENTAL EPISODE LIKE HE WAS SAYING SOMETHING RELIGIOUS LIKE THE WHOLE TIME LIKE CHANTING AND HE WAS GOING AND HE WOULDN'T LOOK UP AND HE WOULDN'T LOOK UP YEAH HE WOULD HAVE HIS EYES CLOSED LIKE FEARFUL LIKE HE WAS AFRAID OF SOMETHING LIKE BECAUSE IF IT WAS LIKE JUST I'M AFRAID AND THAT'S WHY I'M KICKING I JUST LIKE EVERYBODY GET THE FUCK AWAY FROM ME AND YOU'RE YELLING SUPER LOUD LOUD ENOUGH FOR THEM TO HEAR IN THE CAR YEAH OKAY AND I MISSED THE WHOLE STORY BUT YOU GOT KICKED AT SOME POINT YEAH IT WAS RIGHT BEFORE WE GOT THE DOOR OPEN I TOLD EVERYBODY TO STAY SEATED I DON'T KNOW WHAT HE WAS GONNA DO HE GOT UP SO WAS HE LOOKING AT YOU WHEN HE KICKED YOU OR WAS JUST LIKE A RANDOM KICKING AND YOU KNOW HE WAS HE KICKED YOU BUT HE WAS HE WAS DOING THIS HE WAS LIKE SCREAMING ONE ARM AND HOLDING HIS WIFE WITH THE OTHER IT WAS LIKE COMING TOWARDS HER LIKE THIS AND I GOT CORNERED INTO HERE AND THAT'S WHEN HE GOT ME HERE NO I THINK YOU SAID YOU YOU NEED TO STAY SEATED SOMETHING YOU I THINK YOU MIGHT HAVE SAID SOMETHING YEAH I THINK YOU SAID SOMETHING ABOUT THAT AND THAT'S WHEN HE STARTED COMING LIKE THIS YEAH AND WITH ONE ARM CAUSE HE STARTED HE STARTED PUNCHING US OVER HERE ONCE HE GOT HERE HE'S LIKE I TRIED I WAS LIKE SORRY YOU HAVE TO STAY SEATED AND I KNEW HE WASN'T GONNA DO IT AND I WAS LIKE YES I THINK YEAH IT'S GONNA BE UGLY IT'S JUST A BIT OF A BLOOD FACE RIGHT AND THEN AS SOON AS HE GOT ME HERE THEN YOU I YOU GUYS CAN PULL THEM OFF NOW WHEN HE CORNERED YOU UP HERE WERE HIS EYES OPEN OR WAS HE STILL KIND OF EYES SHUT I DON'T KNOW THESE ARE THEIR SEATS THIS IS OKAY SO HE WAS IN THIS ONE EIGHT YEP AND SHE WAS IN THAT ONE OKAY 18 USC SECTION 17 FEDERAL INSANITY DEFENSE STANDARD THE DEFENDANT MUST PROVE BY CLEAR AND CONVINCING EVIDENCE AN INABILITY TO APPRECIATE THE WRONGFULNESS OF THEIR CONDUCT CONTINUOUS RELIGIOUS CHANTING EYES CLOSED THROUGHOUT INCLUDING DURING VIOLENCE NON RESPONSE TO ALL VERBAL COMMANDS EACH INDICATOR IS CLINICALLY CONSISTENT WITH ACUTE PSYCHOTIC EPISODE UNDER DSM5 DIAGNOSTIC CRITERIA ESTELLE V GAMBLE 429 US 97 1 9 76 AND KINGSLEY V HENDRICKSON 576 US389 TO AT 2015 FAILURE TO PROVIDE POST RESTRAINT MEDICAL EVALUATION MAY CONSTITUTE DELIBERATE INDIFFERENCE UNDER THE 14TH AMENDMENT LESSON 1 JURISDICTION AVIATION INCIDENTS TRIGGER FEDERAL JURISDICTION IMMEDIATELY STATE LAW RUNS CONCURRENTLY BUT DOES NOT DISPLACE FEDERAL PROSECUTION AUTHORITY LESSON 2 MEDICAL DUTY POST TAZER MEDICAL EVALUATION IS A CONSTITUTIONAL OBLIGATION NOT DISCRETIONARY OMISSION OPENS THE DEPARTMENT TO 14TH AMENDMENT LIABILITY REGARDLESS OF THE FORCE JUSTIFICATION LESSON 3 MENTAL STATE DEFENSE A PLAUSIBLE INSANITY DEFENSE DOES NOT GUARANTEE ACQUITTAL THE DEFENDANT CARRIES THE BURDEN OF PROOF THE STANDARD IS CLEAR AND CONVINCING EVIDENCE NOT PREPONDERANCE ONE QUESTION REMAINS LEGALLY UNRESOLVED IN THIS FOOTAGE THE COMPANION MAINTAINED PHYSICAL CONTACT WITH THE SUBJECT THROUGHOUT THE INTERVENTION WAS SHE A VICTIM A WITNESS OR A WILLING PARTICIPANT THE LAW DRAWS A VERY FINE LINE AND IF THE MALE SUBJECT IS FOUND NOT CRIMINALLY RESPONSIBLE UNDER 18 USC SECTION 17 WHO THEN BEARS CIVIL LIABILITY FOR THE INJURIES SUSTAINED BY THE FLIGHT CREW THESE ANSWERS ARE NOT IN THIS FOOTAGE THEY WILL BE DECIDED IN A COURTROOM WATCH WHAT COMES NEXT NOW WHEN WE GOT HERE HOW HOW DID THEY GET UP TO THE UM TO THE FRONT OR IS THAT WHEN HE GOT UP AND WENT AFTER HER THAT'S WHEN HE WENT AFTER HER OKAY HI SIR I DON'T KNOW HIS NAME TAP HIM CAN YOU TELL THE OFFICER HOW THEY CAME TO THE FRONT CAUSE I WAS IN THE BACK SO I HELP YEAH WE PULLED UP AND UM LIGHTS CAME ON SHE ASKED EVERYBODY TO BE SEATED WITH THEIR SEATBELTS FASTENED AND THEN WE STOPPED AT THE GATE BONG BONG SHE GOT ON THE PHONE AND THEN HE TOOK HIS SEATBELT OFF AND STOOD UP AND THEN HE WALKED TO THE FRONT AS SOON AS HE GOT OFF THE CAR HE TOOK A RIGHT AND STARTED SWINGING ON HER OKAY SO WHY ARE YOU OKAY BUT HE HAD HIS PARTNER WITH HIM HIS HIS COMPANION WAS REAL HE HAD HIS COMPANION BY ONE ARM AND JUST STARTED WHACKING ON HER OKAY WAS SHE IN SHE HAD HE HAD HER IN FRONT OF HIM OR WAS SHE BEHIND HER HE WAS IN FRONT OF HER YEAH SHE WAS BEHIND HIM IN THE AISLE AND THEN WHEN HE TOOK A RIGHT SHE KIND OF CAME UP TO THE SIDE OF HIM AND BACKED YOU INTO THE CORNER AND SO SHE WAS JUST SO WAS HE LIKE DRAGGING HER ALONG SHE HAD HIS ARM SHE HAD HER ARM LIKE UNDER HIM LIKE HER FOREARM WAS AGAINST HIS CHEST AND HE WAS KIND OF HOLDING IT SO IT WAS KIND OF LIKE UNDER HER OKAY SO SHE'S KIND OF FOLLOWING HIM LIKE THIS AND THEN WHEN HE TOOK A RIGHT SHE KIND OF WENT TO HIS SIDE AND THEN SHE WENT TO THE GALLEY I DIDN'T EVEN REALIZE SHE WAS THERE UNTIL I SAW SHE WAS RIGHT WITH THEM THEY WERE BOTH ON THE GROUND YEAH BECAUSE HE NEVER LET GO OF HER ARM YEAH SO WHEN WE DRAGGED HIM DOWN SHE CAME DOWN WITH HIM RIGHT YEAH I JUST SAW HIM GOING THIS IS HARD AS IT'S POSSIBLE AND I WAS LIKE I'M ABOUT TO GET YEAH SOMEONE THAT YOU KNOW YOU SEE A PLANE MOVING THE PLANE MOVES A LOT PLANES DON'T COME FINE YOU WERE CALM LIKE HE WAS KICKING YOU AND I LOOKED AT YOU AND YOU'RE LIKE THIS KID'S CALM YEAH YOU WERE CALM I'M I'M I'M I'M COMING FROM THE FLIGHT DECK THE FUELER JUST PULLED UP ONCE AGAIN WE'RE ALL ABOARD THE AIRCRAFT WE'RE ALSO IN FRONT SO WE'LL BE ON OUR WAY HERE VERY SHORTLY AGAIN THANK YOU VERY MUCH FOR YOUR PATIENCE THIS EVENING