no where did the crash happen where did the crash happen they got mad that I touched the side mirror hey so you gotta park I don't get on the ground you're gonna get tasered I'm get down hey get on the ground hold on hold on hey my son I need the face just listen OK just put your hands behind your back hands behind your back I slapped you in the face sir cause you weren't paying attention yes you're supposed to listen that's your problem May 26th 2025 Kent and Des Moines Washington State a hit and run suspect is located in a McDonald's drive through officers initiate contact the subject refuses to cooperate hey so you're in this crash yeah yeah that yeah you're your car so you need to come over here after so we can talk I don't know you just take a picture of me I don't know okay yeah we'll just come over here after so we can talk why would I talk to you because report reportedly you're in a crash okay I didn't I didn't been to a crash you can look at the car okay but we need to investigate that I mean you can call the uh I don't care you can call nobody I don't care but I'm telling you is the police that no you're not free to go so when you get through the drive through line you need to come over here but why would I come because I'm investigating a hit and run crash you're the suspect of that I need to do a further investigation to figure out what happened okay so you you are not gonna be free to leave cause we need to figure this out I mean you can you can take my address he has my address so okay so when you go to the drive through come over here so we can talk does that make sense yes but why I just explained that to you yeah but how do you know that 7 7 5 I'm at the McDonald's in Des Moines with the suspect driver's non compliant we'll take another party no but can I get a 1 double and a one 7:05 the driver's driving through the drive through told me he's not gonna stay he's gonna go home oh he told me that he was not going to stay in exchange for that he was gonna leave where did this happen at where did this happen no where did the crash happen where did the crash happen oh on the uh west side of Pack Highway in the left turn lane to go north OK yes you guys are going yeah west on Katie yeah OK but east on Katie sorry that's we're on the west side yeah we're on the west side OK how did how did it happen huh how did the crash happen we were stopped at the red light waiting for it and we're sitting there talking all of a sudden boom we got hit my daughter was driving a friend and then the two little grandkids are inside playing so I got out of the way didn't you okay so he rear ended you oh yeah okay is there damage to your car um my guess from prior accidents it's said probably come from brand because it's fake that you know the bumper that supports behind them is there any visible damage yeah OK OK well I try to get my phone and I walk back in my phone and came back it already backed up and he went all the way over to turn right to go down south and I took a few pictures the best I could so did he ever give you his name his address best I got was and then he wouldn't talk to me I took a side mirror just folded it in so pay attention over here then he got mad that I touched the side mirror okay ready to get out of here my ass so I started walking over trying to get the phone to go to record mode so yeah okay why you walking away I'll knock you out hey so you got a park I don't know okay so park your car thank you 7 7 5 you can open the air the suspects are coming right now hey dude hey what oh wait wait wait stay here so you're not free to leave as I explain to you no but but what what are you trying to do sir so listen this is not so stop this is not that big of a deal no you're not going back in the car I'm not going in my son is in here okay leave them there what and take your hand out of your pocket what what take it okay you're gonna go ahead you're going in handcuffs put your hands behind your back no no no no hey listen they're they're gonna put me nothing I know I don't get on the ground you're gonna get tased just you can shot me just listen shoot me I'm not gonna I don't wanna shoot hey get on the ground you're gonna get tased why why would I listen oh you got the 10 yeah hey get on the ground you're going in handcuffs you already told you that right now this time you're resisting and obstruct under arrest you're under arrest obstruction babe you need to shut the fuck up miss can you step back please I understand I'm trying to walk him down get on the ground get on the ground hey my son is a babe just listen babe just listen okay okay just put your hands behind your back hands behind your back if you wanna get your kid now you can here I got another one you got that over there you hit me yeah you can't fight the police yeah you cannot you fucking idiot do you understand that here we go we're probably gonna need them OK here you need more cups or what yeah here you go I got cups OK well why you hit me 14:27 why you hit me why you hit me Cassy bro why don't you guys hit me I didn't have nothing I don't have nothing I don't have nothing why you hit me alright but you guys still hit me I didn't hey right now you're in custody okay we're gonna read something to you but we wanna make sure that you're not injured no but you guys hit me but I'm gonna kind of hold you up here so you're not on your face okay here we're gonna sit you up on your butt you ready you guys still hitting me sit up on your butt there we go why are you hitting me I slapped you in the face sir cause you weren't paying attention yes you were supposed to you weren't listen that's your problem you're telling me yeah but that's why you guys got a slap and that's why you got taste sir I don't care about that there's a sergeant right there just be quiet just shut your mouth oh come on oh so now I got bleeding yeah we'll get the fire department the fire department clean you up before you go to jail okay you're under arrest now for resisting arrest yeah that's what happened all you gotta do is just listen let's I don't know why you guys are arresting me I'm I'm I'm already let me pull my card who's the sergeant right here she's right here next to you so I'm already pulling over so I don't know why you guys do me like that I already I already have a cup books on you I'm a real cop hey I wanna talk to you about it but I gotta read this cause to you because you're in handcuffs you're in custody OK but I don't have a warrant I understand see you have a right to remain silent anything you say can be used against you in a court of law alright so the reason why that happened I understand that you pulled over and but the officers are telling you to do something and you're not doing it but I'm already listening to them to pull over I pulled over and they're telling you sorry and they're telling you to do something so that's what happened and then you are actively trying to fight my officers I didn't try to fight them yeah you lowered your body you did they're giving you a lawful order to take your hands out of your pockets OK and you refuse to do that and you pulled away from him when he said we're gonna put you in handcuffs that's what so that's what it's OK bro I understand they were investigating a hit and run collision with you as a driver so that's why we are here probably that you did not cooperate with that investigation but you OK you can pull over but I pull over yeah but you don't so right now you are in custody can I get up for resisting arrest we'll both have to sit here for a second man the car department's almost here they're gonna take a look at that leg get it cleaned up okay can I get up please yep we're gonna help would you prefer to stand up you gotta roll up on your knee I just wanna get up please that's how you get up up you wanna take a sit on the seat on the front bar right here you wanna sit on the front of the car stay right here I understand but you're gonna stand right here you're gonna listen to us okay you understand I've talked to you and now you're gonna listen to us we can the jail will handle all that you're going to jail you're going to go to Kent Jail OK can I get can you come here please so I can you can contact her once you get to the jail if you need us to write a phone number down we can do that but right now our primary thing is we're gonna have the fire department come and check you out we're gonna clean up your leg can you like at least help me out let me a warning or something I just want a warning no you fuck you actively resisted our officers you're not getting a warning yeah but I didn't resist when he told me to pull over when did you have your last drink I just woke up what's that I didn't drink you don't have any alcohol today I smell like alcohol yeah you smell we smell some alcohol that's the alcohol from work uh on my shirt it was poured on your shirt yeah interesting would you be willing to consent to a voluntary field sobriety test no you want to consent to a preliminary breath test wouldn't replace any test OK no none of that OK I want my lawyer though yeah you want your lawyer okay so you don't want us asking you further questions about your lawyer yeah okay alright what what's your last name I'm I need my lawyer though we no we gotta know your name okay I'm not gonna give you my name you're not gonna give your name you've been locked up as John Doe and that's it yeah John Doe it makes things take a little longer I was on the phone with my husband the whole time driving here there was nothing that happened like were you in a different car no oh you I live down the street literally like down the street were you in that car no oh OK I was on the phone with him the whole time OK and like he would have told me or something you know but yeah so there was a hit and run collision that happened right up there I know but which way like coming from this way or that it was going the it was I don't know I don't know sir I don't know for sure no he won't give his name cause I can tell if he's coming from a different way my husband's coming the other way that's bullshit that's why I wanna know which way he's coming from because we live we live down the street I know I was trying to talk to you what's your husband's first name Sam what's wrong what do you what is your major complaint I have a headache okay what would you like me to do about that was she the only one in the car no I was sitting in the front and our mutual friend is in the back seat and the two grandbabies over 5 of us in there okay whoever has ideas will take okay but if you have any other questions he's gonna go to Kent jail yeah so he can give you a call from there well would he be able to have a bail today or uh that's a good question he might it just depends on what his level of cooperation is once he gets there honestly so alright yeah that's his problem he don't yeah so alright thank you for trying to get him to do that so we were sitting at Kent Damoyne's Road on this side because I don't know north from south yeah this side OK we were sitting at the red light we had pulled up right as it turned red so we're sitting there for a really really really long time OK they had pulled the other car had pulled up behind us I seen it they were stopped we were chatting is this car like yes OK this car uh we were chatting for a few minutes and then all of a sudden we were jerked forward and they came and we've been hit from the back okay so alright um after the crash happened he asked did we just get hit and I went yes and he got out of the car to talk to the driver and get information from them like pictures and whatever and they proceeded to back up and I thought so you personally didn't speak with them I did not interact with them at all um my head they were backing up to maybe like pull off to the side of the road with us uh but they cut across to the right hand turn lane and that's when my dad chased after whatever happened I couldn't see fully because there was two cars in between us um so but he somehow the vehicle stopped and I saw him taking photos and then my dad was walking down the um sidewalk when the driver of this vehicle got out and indicated that he was going after him and then that's when I was like I'm gonna call 9 1 1 cause at that point it I had felt escalated to the point that maybe something could have potentially happened okay alright smells like alcohol um he refused our wife said he was drinking last night he said he was drinking last night he refused any type of test they're not qualified but I I think that's enough for the blood warrant you have the the closure itself makes no sense normal driver would do that and then you have the odor of alcohol and he I did notice uh he was a he's a little unstable on his feet over here OK sorry sir I had to close that door because we're moving OK so my name is Officer Castro um everything's already been reported OK I understand they read you your rights and you don't want to talk to us about anything right now OK I'm just gonna let you know what's going on alright so um right now you're under arrest for DUI okay so the part of the process is we're gonna be going to the Kent jail I'm gonna uh contact a judge and get a blood search warrant to get a sample of your blood okay so I just want to be as transparent as possible and let you know what's going on all right so I'm just gonna put the seatbelt on oh it's not gonna work oh they already tried it okay I tried it it's not that hard okay alright I understand alright I'm gonna close this door okay just watch your leg Alrighty Legal Issue 1 Investigative Detention Terry v Ohio 392 U S 1 1 9 6 8 officers may briefly detain a person based on reasonable articulable suspicion alone probable cause is not required at this threshold a matching vehicle at a reported hit and run scene satisfies this standard legal issue 2 hit and Run Statue Washington R C W 46 dot 52 dot 20 any driver involved in a collision must stop identify themselves and exchange information violation is a gross misdemeanor for property damage if bodily injury is confirmed the offense elevates to a Class B felony carrying a maximum sentence of 10 years imprisonment legal Issue 3 duty to remain during detention Illinois v Wardlow 528 U s 1 1 9 2 0 0 0 evasive behavior and stated refusal to remain are relevant factors in the reasonable suspicion analysis a subject may not unilaterally terminate a lawful Terry stop doing so provides grounds for escalation to formal arrest legal Issue 4 right to withhold identity Washington has no stop and identify statute Hyble v Sixth Judicial District 542 U S 1 7 7 2 0 0 4 compelled identification is constitutional only where a statute explicitly requires it in this jurisdiction the subject's refusal to provide his name is legally protected booking proceeds under John Doe designation identity is established through fingerprints at the corrections facility legal Issue 5 Use of Force Standard Graham v Conner 490 US 3 8 6 1 9 8 9 the reasonableness of force is judged from the perspective of a reasonable officer on the scene at the moment of decision not with hindsight courts consider three factors the severity of the crime whether the subject poses an immediate threat and the degree of active resistance or attempt to evade arrest legal Issue 6 excessive force and civil liability an open hand strike to the face of a subject already being restrained by multiple officers may fall outside the authorized use of force continuum where a clearly established constitutional right is violated the officer and the department face civil liability under 42 USC section 1,983 qualified immunity analysis applies under Pearson v Callahan Lima Lima Lima U s 2 2 2 3 27 legal issue 7 custodial rights Miranda v Arizona 384 U s 4 3 6 1 9 6 6 before any custodial interrogation officers must advise the subject of the right to remain silent that statements may be used in court and the right to appointed counsel any statement obtained without this advisement is inadmissible legal issue 8 invocation of Counsel Edwards v Arizona 451 U s 4 7 7 1 9 8 1 once a subject unambiguously invokes the right to counsel all custodial interrogation must cease immediately continued questioning after invocation renders any resulting statement inadmissible under the Sixth Amendment regardless of whether the subject subsequently appears willing to talk legal Issue 9 Implied consent and FST refusal Washington RCW 46 dot 20 dot 342 all licensed drivers are deemed to have consented to field sobriety and preliminary breath tests as a condition of operating a vehicle refusal is legally permitted but carries mandatory licence revocation and may be introduced as circumstantial evidence of impairment at trial key lessons from this incident 1 reasonable suspicion not probable cause is sufficient to initiate and maintain a Terry stop 2 Washington's absence of a stop and identify statute means silence on identity is protected 3 force applied after active resistance is controlled must still satisfy Graham B Conner 4 invocation of council is a hard stop on all questioning no exceptions 5 civil exposure under section 1,983 begins the moment force exceeds constitutional limits