then he took the gun and trying to shoot my tire but then he shot he shot cause I was in the driveway so he was trying to shoot my tire hey let me see your hands let me see your hands turn around turn around turn around keep coming back when does a victim become a suspect what legal standards determine who gets arrested when both parties tell different stories and what happens when physical evidence directly contradicts the first account this case does not offer simple answer but the law offers a clear framework understanding that framework is what this analysis is about ma'am do you live here no okay where's where's the guy at that was outside hey let me see your hands get out of here let me see your hands who was just shooting a gun he was hey please you can you go across the street can you go across the street where did he shoot at you okay please go across the street please go across the street please go across the street ma'am can you please go across the street okay put the baby in the house 6:23 Adam radio can you go ahead and start me a few more cars and uh go ahead and start the uh sergeant this way please 10:42 29 9 is in round we also have 5 feet in round can we get one or two units on reflection on the rear of the address I ain't got no damn cover I guess I'm gonna have to use this tree this is all we got it's cause it's one in the evening first K9 on channel is anybody else in the house yeah he got his sister his granny his girlfriend and uh he probably went out the back door oh really he probably ran out the back door probably ran out the back door okay I had just I've been with the kids all day so I was pulling up cause he was giving me um he was giving me my uh stuff out his closet so I was pulling up to get it and when I pulled up to get it he was like I don't know what you've been doing all day he's been drinking so when he gets drinking he gets really aggressive we had a no contact order but we just got it lifted Friday to no I mean unlawful contact you got it lifted to no unlawful contact yeah so it was no contact now it's no unlock no unlock okay we've been good ain't nothing been going on right so we get up I get over here he's drinking and I'm like I ain't got time for all of this just give me my stuff so I can go and then he start trying to grab on my private and was like you've been with a nigga I'm like with a with my kids right he was like you had a with your kids I said this is what you always get on cause he's be doing this insecure stuff I was like just give me my stuff so I can go and he was like B you ain't getting nothing and I'm like just give me my stuff so I can go so I would have left but he grabbed my purse and took my money out of it which was $1,000 I'm like give me my money he didn't want to give it to me so I'm like give me my money so at this point I'm like I'm about to call the police so when he was like you call the police I'mma kill you so he bring up come outside with two guns I'm like just give me my shit I ain't trying to call the police so he start kicking on my door hitting and then he backed his car up into my shit then he took the gun and trying to shoot my car out but then he shot he's shot cause I was in the driveway so he was trying to shoot my tire out but he didn't so then he did my window he shot your window while you were in the car I don't think he shot it with what's it called I think he threw cause he shot and threw at the same time so I don't think the bullet hit it if the bullet did it didn't break but you did see okay so what I need you to do right now is get in your car and go you see where that that vehicle is down there go down there okay and I will come talk to you so she she just she just told me what happened she that's a that's a person who keeps messing with him okay i'mma come talk to you in just a second so here's here's the thing that we have to understand shots were fired am I right and he did fire shots at her am I right no I I would have I would have she she has a bullet hole in her car but listen but listen I seen her run into his try to run into his car in the porch okay the granny okay I don't I I believe it was his granny that shot the shot to get her out of out of here because her granny shot the gun his granny that is in the house because she has her house and I believe that she's trying to get him out of here because he was already outside arguing with her okay okay thank you alright Sarge so situation alright so Taylor Taylor's over there okay uh so you got Taylor got Erica's right here they're right there he told Taylor told some cars to go back there I don't know if anybody went OK so situation is she comes over um that's girlfriend down there in that in that vehicle yes that's girlfriend she comes over uh they get into a an argument he's been drinking she says he grabs her private parts um she says uh well I'm leaving and she's like well he's like you've been with a dude all day and all this type of stuff and then he comes outside and shoots a gun at her at her vehicle with her in it with her in it okay and then um that's when we when we got here do we know if anybody he we know uh grandmother and sister are in the house I have both their names uh he comes outside when we got here and says y'all need to leave y'all need to leave and then runs back inside the house okay so we did have we did have eyes on him so he's inside possibly grandmother and sister and sister is this a family yes he's a pastor he said he wants to talk to somebody okay yes sir I'm not sure okay yeah so here's so let me I'll tell you what we got so we got a domestic call uh huh and then we got about seven or eight shots uh huh fired at this at this address we get we get here he's like y'all need to leave and then he runs back inside the house that that's why I'm here let me talk to excuse the situation yes right okay and that's and that's and that's fine we just taking precautions here yeah because because she ran him over went today yes not too long ago that's why right OK and and that's the the whole situation right the neighbor told us that right so that's just why he's mad and right because but we but but we do understand that even if you diffuse the situation he's gonna go to jail for yeah okay cause he shot at her yeah yeah but she needs to go too because that's vehicle that's almost like vehicle say it again she doesn't have a gun well I'm telling you for 100% fact shots were fired and she has bullet holes in her car she has a gun but okay but she's not gonna shoot her own vehicle trust me yes she yes she will OK yes she will OK and one time she did call and say he shot at her and it was her shooting at her own car yes shoot no shooting at him at him but but what I'm saying is she has but she has bullets in her vehicle so I I get what you're saying I'm telling you she has okay yeah but but just let me diffuse this situation okay um I'm all the time probably if you could call on the telephone yeah I would be more okay with that because my sergeant is not gonna let you go up there because that's all well that's technically well to be honest about it what is he gonna do hit me no I'm not gonna move the whole situation is she ran him over a couple weeks ago no she ran him over tonight to okay tonight she's not supposed to be around so apparently they have a they had a no contact E P O yes and now it is came around and now it's no unlawful right to no unlawful right yes so and it's always him that wants to always everybody wants to get on it's hard I promise you it was hard okay because that's like if I hit you with my car I'm trying to kill you so you have a right to defend yourself I hear what you're saying she will do things herself just to try to get him in trouble he's not gonna do nothing he's not gonna hurt nobody he's not gonna do nothing right that's why I said I can go in and talk to him right I'm not I'm not worried about nothing happening nothing at all period I get I get what you're saying but like I said with the with the situation at hand my sergeant is not gonna let you go in that in that in that house well I can call your supervisor he is a supervisor no I can call his boss that's fine and they're still whatever you want to you're not going inside sir well I beg you differently okay you're not going inside you I beg you to tell you that I I am concern for your safety you will not be going inside there's nothing to be concerned about he doesn't have a weapon she ran him over with her car she did all of it he said he's coming out to put handcuffs for us to put handcuffs on yep yep yep come out with your hands up come out just come out to us come straight out to us whose car is this mine you uh is it open he does not have a weapon hey just come out with your hands up go ahead you can you can hit you can you can open the door you can come out with your hands up just walk down the driveway you're doing great keep coming to the sound of my voice keep coming but just regard that listen listen to us keep coming listen listen to the police keep coming listen to the police please we it's fine you're fine listen to the police walk to the sound of my voice just come straight to me you're fine just come back to me you're fine just keep coming keep walking straight forward everything's fine keep coming straight slide over to them turn around turn around turn around keep coming back keep stepping back I got you no he's not I'm standing in between you and the gun you okay man you good y'all good y'all good I love you I love you too baby yes sir who is dude why is he so aggressive who bro don't worry I got it I got you bro I got you what I'm going I'm going right now this is crazy bro and and and and please please believe i'mma get i'mma get your statement and all that stuff about what happened but I'm still gonna go to jail tonight for nothing well if it's if it's for nothing like I said if it's for nothing is it is your car Branson no I'm good I'm trying to thug and kick on my family 100% 100% and you over yeah yeah she ran off and the thing is and the thing is bro we gonna ask you all that and then and then we gonna build it up and if there's no reason but I still gonna go to jail well listen if there's no reason for you to go to jail but then then when I talk to you what's your name yeah Duncan Duncan Duncan and I don't know yeah just just sit there right now it's okay just sit there for a second and then we gonna we gonna build it all up I'm not gonna let nobody do you wrong bro I promise you I'm not you alright even if if if it's right you gonna send me to jail no like I said I'm not gonna let nobody do you wrong okay if there's if there's cry if there's a crime committed then okay but if there's not then this is all for this is done have you done from the front porch yet she apparently tried to run him over on the front porch right this is all damage from the railing so so she's lying based off of what I'm what I saw from the front of the bar so there there are marks against the house where she tried to run run him over right grandma is the one that shot not him oh well she well she's 10 15 so she's 10 15 I just need to clarify but literally everybody sister girlfriend them across the street and the neighbor yeah said that and it's mutual E P O so she's not supposed to be over well the well I think it's it's no unlawful she got a drop down to no unlawful here's the only here's the only problem hi Baker she got kids two of them we'll figure it out but she gotta go she's 10 15 this is ridiculous she's 10 15 yeah she gotta go OK where's Sarge Sarge is Sarge down here yeah oh can we start can we start so this whole thing done kind of flipped on his head now she's she's she's 10 15 OK one endangerment cause she tried to run him over with the car and she's got damage on her car indicative of the fact that she tried to do that she ran all the way up into the damn and grandmother is the one who shot her gun grandmother shot the gun when she ran up in the so we need to get before we before we do anything we need to get pictures yeah I just told him we got to take pictures of our house his car where's the gun she doesn't remember somebody else in there knows where the damn gun is she's she's getting all yep she's getting all the information from them I'm here to take pictures she has two children in her car that do not belong to him so then that's another element and apparently she did this all with the kids in the car so then that's another thing I guess we'll have to let him go yeah if he's not he's not 10 15 we'll let him go primary we can take him out of cuffs I think we got him as coming Santa you good to go I might have it on my phone come on come on dawg I told you I told you I wasn't gonna let nobody do nothing wrong to you man help me out doctor please okay I hate me somebody go get help bro oh she's out oh oh and oh please believe please believe oh my God okay so come come up here to the front of the car and talk to me real quick listen here's here let's get something straight and then if you sit on the car don't sit on that light cause it's gonna burn your ass uh let's get something straight she didn't care about you going what's that that should that should ring in your ears right now and later on she didn't give a damn about lying about what happened and letting you go down for uh apparently y'all had a E P O or whatever and y'all got it amended down yesterday y'all need to get it taken back up yes sir y'all need to get it taken back up cause this is hey and then yeah and then right so so this is like I said but that's that so basically what's going on now is we are taking pictures of everything that happened obviously Granny's a shooter she don't play about her house uh so we got you know what I'm saying we got everything and that's what we was trying to tell you that I know we had to do it that way because unfortunately what we heard was do you think y'all gonna she gonna get in trouble for that call yeah I got all her info from him okay yeah I got it too okay cool yeah for sure but but what I'm saying is like what what we what we got originally was that you was shooting at her first thing I see is you hot they need to leave and then you go back in the house and I'm like bro when we got here she was in the driveway chilling where she go oh she's no no she's not she's not she's not no when we got here you was she was in the driveway chilling and you was hot so we was like oh shit like this this really happened bro really did this you know what I'm saying so we had to take it a certain kind of way I appreciate you for coming out and all this stuff and I told you that's how we do it thank you we will investigate it sucks being in handcuffs I understand but yeah but we will investigate it and we did and now the situation don't flipped on his head when you ain't done nothing wrong you ain't done nothing wrong she's going to jail tonight yeah 100% we can't all this ain't happen for that bro you know what I'm saying no she gotta go what are charges assault first violating the EPO EPO yeah because you all had a no unlawful contact EPO and you came over here with unlawful stuff I took the EPO out okay I will I'll do that I'll look at it and stuff but I'm gonna verify everything I'm just going off the top of my head okay don't interrupt me um so so first if it is what it is violation of EPO um and then we have endangered the welfare of a minor yep 4 4 accounts um we got all the names and information I got all names information okay and that's all we got calm down who's your granddaddy Michael Brown Mike Brown Sheriff Brown and I swear to God I wouldn't do this shit I'm not making Sheriff up Sheriff Brown knows me he knows me granddaddy I need you to give me a lawyer I need like they are arresting me for him shooting at me and hitting my car and they said I'd do it I did assault one and I put my kids in danger and I didn't do none of this the boy that I've been going through with that I've been going to court with I came over his house cause we was still messing around won't you leave him alone every time something happen you calling me I can't do nothing'cause I'm not a police no more and plus I'm out of town right now so did they lock you up yes this is bullshit I would have a felony and I didn't do anything and then he didn't even get arrested and he shot at my car and hit my car this is crazy you guys do what you gotta do I mean she's about to get a Turner and like I said when I get when I get home I give her a call okay but like I said this this not the first time and I I can't I can't just die my career because you keep on messing around with these crazy ass people that you supposed to be in love with alright man I just like I said I just wanted to articulate to you and all that stuff to make sure we we straight okay we are the modification of a no contact EPO to no unlawful contact is not permission for either party to act freely any act that is itself unlawful immediately restores the violation when a vehicle was allegedly driven against the protected party that threshold was crossed and the EPO violation attached at that moment under the Violence Against Women Act 34 USC section 12,291 officers cannot default to the first caller as the victim primary aggressive determination requires independent investigation prior history between the parties physical evidence injury severity and whether any party acted in lawful self defense in Graham v Conner 490 US 386 the Supreme Court established that officer conduct must be judged from the perspective of a reasonable officer on scene not with hindsight this standard governs not only use of force decisions but every tactical and investigative judgement made in real time a vehicle operated intentionally against a person satisfies the deadly weapon element of first degree assault in virtually all US jurisdictions structural damage to a residence corroborated by independent eyewitness testimony met the probable cause threshold required to support that charge endangering the welfare of a minor requires knowingly placing a child in a situation of substantial risk of physical injury driving into a structure with children in the vehicle during an active violent confrontations meets that standard four counts for two children reflects separate charges per distinct dangerous act under Tennessee v Ghana 471 US one deadly force is lawful only when the threat of death or serious physical injury is immediate this proportionality standard applies to civilian actors under defense of others doctrine not only to sworn law enforcement officers 3 legal lessons from this case first protective order modifications carry precise legal weight that both parties must understand before any contact occurs second physical evidence and independent witnesses are the legal foundation of primary aggressor determination third the presence of children in a dangerous situation is not merely an aggravating circumstance it is a separate criminal exposure but the most consequential questions in this case remain unanswered did the charges survive legal challenge what was the outcome at arraignment or did this case reach trial and the elderly family member who discharged a firearm did she face criminal charges the law does not automatically excuse a weapon discharge on the basis of age or protective intent alone each of those answers may change how this case is ultimately understood