she just came out there she threw bread at me mayonnaise at me then as you can see she tried to pull my hair out but it's sewed in it's not good yeah she was trying to pull my tracks because she tried to pull my tracks out I have neck cuts all over my neck and every she grabbed me up on the couch okay did she choke you yes okay did you lose breath you weren't able to breathe I guess I didn't lose breath okay were you able to breathe no you weren't able to breathe no not when she grabbed me up by my neck no you see my neck I'd say about like a minute a minute okay alright on March 31st, 2020 five Tennessee officers responded to a domestic disturbance between two sisters four hours later the suspect was arrested during a traffic stop two competing accounts one mandatory arrest the central charge is Domestic battery by strangulation Florida Statute section 7 84.041 subsection 2 paragraph a this statue elevates standard domestic battery to a third degree felony when an offender impedes normal breathing by applying pressure to the throat or neck standard domestic battery is a first degree misdemeanor strangulation carries up to five years imprisonment Florida Statute section 7 41.2901 removes officer discretion in domestic violence cases when probable cause exists arrest is mandatory the officer established probable cause through three convergent sources the victim's consistent account visible neck injuries and a telephone witness present during the attack the suspect's competing account triggered Florida Statute section 7 41.29 subsection 4 paragraph b governing primary aggressor determinations when both parties allege injury officers must evaluate comparative severity of injuries prior history and whether injuries are offensive or defensive in nature the victim presented with visible neck injuries consistent with strangulation I didn't do nothing I never touched that girl she has no bruises on her she kicked her shoes off and she said let's go hold on I'm coming Alrighty OK good night Kenya hey what's up baby girl haha hello hi it was your sister yes OK does she live with you yes OK are you wanting to press charges yes OK she um so what what all happened like let's bring it to this person that I'm on the phone with actually they're witness I've been on the phone with her all morning OK OK so this is owes me money okay I asked for my money back wants to act like she doesn't want to give me my money back so that's when the argument first started right okay and um so we've been arguing all morning uh huh and after two hours of arguing verbally yeah she physically attacked me and I was on the phone with my witness and I was sitting on the couch and she just came out there it's I never I didn't clean anything up so you can see it's OK but yeah she just came out there she threw bread at me mayonnaise at me then as you can see she tried to pull my hair out but it's sewed in it's not good yeah she was trying to pull my tracks because she tried to pull my tracks out I have neck cuts all over my neck and every she grabbed me up on the couch okay did she choke you yes okay did you lose breath you weren't able to breathe I guess I didn't lose breath okay were you able to breathe no you weren't able to breathe no not when she grabbed me up by my neck no you see my neck I got you yeah I just I have to ask certain questions yeah for legal stuff right so you weren't able to breathe how long were you not able to breathe for how long was she holding you there I don't know how long would you say the attack happened cause how how can you look and see Paul let me put you on speaker so he can hear you girl it's a garbage truck nobody can hear you is that get get tell her to give me one sec I gotta get your statement first OK for him he's saying he's saying give him a second cause he wants to get my statement for legal process I gotta get yours first and then I can talk to her OK so you said she had you on the couch yeah I was sitting on the couch okay we were arguing we were already we were already already verbally arguing when she was in the kitchen okay right and then when I was out there on the couch she said oh b*tch I got something for you that's when she came out there and she threw the f*cking bread and the mayonnaise and snatched me up by my f*cking hair and my neck right okay and then she started choking you on the couch yes okay and you said you weren't able to breathe um how just give me an estimate of how long was she holding you there and you weren't able to breathe for how long I'd say about like a minute a minute okay alright anything after that no I called the cops okay and when she call when you call the cops what she say did she say anything or she just got her no she just got her she left okay Alrighty okay and she said she lives here too uh huh okay Alrighty uh let me get some paperwork real quick I gotta have you fill out some stuff um basically some paperwork saying that you're a victim of domestic violence and stuff like that'cause it's still considered domestic violence right because you guys are family and then we'll go from there okay thank you the suspect sought emergency treatment for a hypertensive crisis not injuries consistent with blunt force contact the suspect's self defense claim invokes Florida Statute Section 7 76.012 if her account is accurate that statute may fully exonerate her however self defense is an affirmative defense adjudicated at trial not a probable cause override under Illinois versus Gates probable cause requires only a reasonable belief based on articulable facts that a crime occurred and this person committed it the victim's injuries satisfied that threshold a plausible counter narrative creates a trial defense it does not eliminate probable cause Miranda warnings were delivered completely and correctly consistent with Miranda versus Arizona the suspect acknowledged each right and continued speaking voluntarily under Burkimer versus Mccarty Miranda governs custodial interrogation not the act of arrest itself the resisting without violence charge under Florida statute section 843.02 carries a maximum of one year imprisonment Florida courts interpret this statute broadly to include verbal obstruction and physical conduct impeding lawful police function the suspect's spontaneous vehicle exit and continuous confrontational behavior falls within that scope what's all going on no what's wrong with you uh uh uh for what I didn't do nothing that girl is can you ask me what happened first can you ask me what happened first sir can you please ask me what happened first before you I that's why I got out of the car you didn't even ask me I was attacked by I went to the er after she had me stop can you please talk to me first I'm asking you kindly that's why I pulled my car over so you could talk to me that there was no there was no here I have the stuff in my car that can you please listen to me the girl what can you listen to me can you stop yes can you please that's why I pulled over so you can talk to me alright when I pulled over and I say what's all going on I just got out of the car I have anxiety my BP you won't listen sir my BP is at 2:12 this girl I just went to the er the girl attacked me and the girl attacked me I never touched that girl she has no bruises on her nothing okay we're gonna talk about that I just went and found an injunction okay well I just went and found an injunction like I'm a little bit south of I'm not going nowhere that's why I pulled over to stop to talk to you stop okay once you get the paperwork and you read it because i'mma have to go back to the er because I'm having another anxiety attack you people are causing me to go causing me to go to my doctor in front of uh Addison Place I am not running from nobody that's why I pulled my car over that girl physically punched me in my face again today I have marks and bruises on my body I went to the er I went down OK I have BP high blood pressure you're gonna send me back to the er because it's gonna cause me to have a heart attack because that girl just attacked me before I went to the hospital when she called I said I needed medical because she I'm having anxiety attack I've been having anxiety attack and they just treated me she attacked me and it's on my paperwork and they asked me if I wanted to call the cops at the hospital I said no I went down and filed an injunction before I came there for her to be removed from my home because she's a danger to me this girl is crazy you can lift up my top the proof is in the car so I went found an injunction the message was never touched she gave you a false report like she did last time and I have the paperwork in the car I just got out of the er and I'm gonna have to go back to the er because I'm having another that's it yep so far so y'all are making another false arrest is that what's going on here because what I'm telling you is true no what's going on she's gonna search you okay and I'm gonna read your rights and then we'll talk about it okay but I'm telling you what happened the girl assault physically attacked me in the house do you have any like bras or anything there that yes I do you're going by her word but I'm the one with physical marks okay do you have any like lighters or anything like that no in your bra no right now I have the paperwork that proves that I'm telling the truth and they asked me if I wanted to call the police at the hospital I said no because I found an injunction the junction should go in through tomorrow by the judge because last time she punched me in my face y'all did absolutely nothing you just wrote it off and she they took pictures of her punching me in my face let's go just sit down in the back of my car it's the goddess the goddess the honesty can you please get the paperwork right there the paperwork right there ma'am where where's the paperwork at your car right there on the passenger side where I went down and found the injection I did it I went to the er because I almost had a stroke when she punched me in my chest she punched me in my chest I almost had a stroke she punched me in my chest OK she punched me in my temple right here at the top yes and right here in the center and I almost had a stroke when did she punch you there she punched me earlier this morning OK I came back from the health department and she started screaming at me and screaming and she punched me you have the right to remain silent oh my god we had to talk to a lawyer for advice before answering your questions so we have to reach out to have one with you so yeah but he has no right to put me in handcuffs because what she said that girl has no marks on her if you cannot afford a lawyer one will be appointed for you before so that's the answer question now without a lawyer present you still have the right to stop answering at any time you also have the right to stop answering at any time until you talk to a lawyer do you understand each of these rights I've explained to you yes I do OK but do you have do what is your probable cause I'm reading this to you because you're in handcuffs yeah but what was the reason why you're in handcuffs is because when I got out of the car I said what's all going on and what did you say I said I was about to tell you no no you were very belligerent with me I told you I'm having anxiety attacks I'm having anxiety attacks when you were in handcuffs no I was not I pulled over to talk to you listen listen it's okay I put no it is OK because it's gone nowhere this girl has done this several times I just wanted what all happened I tried to tell you and I appreciate you remove it I appreciate you getting your sergeant out here and getting what's done correctly I have to go and get I might back on my anxiety pills that girl punched me I walked in from my health department she started harassing me for money she started harassing me for money just I'm trying to show you what happened I see the marks so I'm trying to show you I came back from my health department she punched me in my that was from my car jacket from a car jacket somebody jacked my car outside my house and I went to the er immediately because I was had I just got out of the er because my BP was 2:12 over 2:20 she punched me straight in my chest today yes and I thought I was yes and that's why I thought I was gonna have a heart attack so I left and then I heard the officer say does anybody need medical got you he said no I said I need medical so I went to the er yeah what what all happened over there what else happened what happened was I'm telling you I walked in for my appointment okay she started screaming at me demanding money okay I said I told you when I get my next check I would help you out right she she said no she wanted her money now OK I I appreciate him we're doing this because it's like just gonna throw it out and all I'm gonna do is end up suing because I'm tired of this girl has put her hands on me multiple times the cops don't ever arrest her what what keep keep explaining to me what happened I explained to you what happened I came in from my doctor's appointment yes because I was just got out of the er my BP was 2 12 was there any argument over money or anything it was she was asking me for money okay and she started harassing me for money and I said I told you when I get my second check I will help you out okay I haven't got my second check yet where did this all take place in the house in my she was standing outside my door screaming okay for two hours okay on the phone with her friend Nini called telling me I'm a loser telling me that she was gonna knock me out okay telling me she was gonna punch me in my face yeah telling me just harassing me verbally and then it she turned physically on me okay when I walked out in the front room to go make me a sandwich cause you'll see the bread is on the counter cause I walked out there to go make me a sandwich I was standing there she kicked her shoes off and she said let's go I said all you gonna do is call the cops anyway I'm not fighting you right so what she did was she um before I she hit me she threw a glass at me okay which is in the kitchen right and then after she threw the glass at me um where did I walked away did the glass hit you at all yes where did it hit you at all over cause I got wet and left my jacket over the over the bed where okay so you're saying the water hit you all over yes whatever she had in the cup hit you it was a cup she threw it at where the cup hit you it just the stuff hit me that she had in the cup sir so the cup didn't hit you with the water yes whatever she had in the cup okay and then what happened after that what happened after that I ignored it because I have a high B+ a high B and I was I just went in the room and closed the door okay cause I'm you know in fear that I could have a heart attack at any time so what what I did was I closed the door because she wasn't physical she didn't turn physical on me she just threw drink on me I was like whatever so I walked in the room and I closed the door okay and then I went out to go make me a sandwich okay and that's why you see the bread out there on the counter and then when I went out to make me a sandwich is when she physically attacked me that was this morning or just now not just now it was earlier earlier yes and that's why I went to the hospital because I just got out of the hospital because I was just sitting there and my foot swelled up like a grapefruit okay so my BP was too high okay got you alright so why does she have marks all over her neck right here I have no idea so I'll tell you what she's saying what she's saying is that you choked her on the couch you guys got into a fight you guys you threw something at her no and I have nothing in my hand you pulled her hair and then you choked her no that's what no that's what she just saying to me no that's a lie sir I never touched that girl that girl was swinging like swinging multiple swings like boom boom boom boom the only thing I did was push her off of me because she had me she attacked me she clapped she clocked me in my in my um face and then she hit me in the heart and that's when I took her and threw her off of me okay where did that and then she got back up again and came back at me again the physical altercation where did that all take place at inside the house we're at inside the house in the in the front room in the front room yes the living room area yes okay that girl attacked me I did not attack that girl that girl is crazy and then she made up another story that's why I went down and found the injunction because last time I called the cops on her the cops let her punch me in my face and just walk away with it and I had a bruises back then and that's when I went down and said exactly what happened what I told you in the report is what happened when I went home that's an it's the one that was filed today this is the one that was filed today yes okay it should say yes that's the one that was filed today cause I went there immediately because this girl keeps doing the same thing over and over and over again the suspect was charged with felony domestic battery by strangulation and resisting an officer without violence combined maximum exposure six years imprisonment and $6,000 in fines conviction status is unknown at the time of this analysis all defendants are presumed innocent until proven guilty in a court of law it's crazy I've never seen anything like it f*ck off already and I went to the er like I'm telling you I never touched that girl I took her and pulled her off of me after she attacked me punched me in my face and hit me in my chest and I I thought I was gonna drop dead how many times does she hit you in your chest several several times several times it was multiple blows which which which hand both hands both hands she was steady swinging at me hmm okay and you didn't touch her neck no I did not no sir the girl was steady swinging at me I didn't mean to get her off of you I had threw her I don't know I know I threw her off okay so you know you threw which hand did you throw her off I used my right hand to throw her off okay alright alright just hang out here okay yes sir close the door quick can you leave it open I'm claustrophobic I'm about to have a heart attack yeah sure please I just left the hospital and y'all just accelerated my heart and I went to go get a hotel room which I got until the injection goes through tomorrow by the judge cause I know he's gonna grant it yeah and um that's why I went and got my clothes to get a hotel room cause I got a hotel room cause I wasn't going back to the state cause this girl keeps physically and verbally attacking me knowing that I am under PTSD and my heart rate is at a high level so I can have a stroke anytime anytime so how did this all start she I walked in the house she started harassing me for money and I said I told you when I get my second check I will give you some money cause that's all she ever does is take my money and I said can I ask when I get another check why do you want what you want money for she always wants money she's randomly asking you for money yes all the time sir I have bills where I sent her up $7,000 tell her no that's when I told her I didn't get my check yet and that's when she flipped out why does she feel entitled to your money I don't know cause I've helped her all her life I gave her a Toyota Lex my car to drive I've helped her financially and this is how she repays me with lies like last time she said um I had a hammer I never had no hammer there was no hammer and um this girl she's just crazy I don't know what other to say than to get an injunction cause I already filed two and this one I'm sticking with you guys live in the same place she's living with me she moved from Jacksonville how long has she been living there almost a year don't you just get a new place I she's married now she's married to a man that's taking care of her but yet she still wants my money on top of him taking care of her it's not going down I can't believe y'all are taking her word I'm the one with marks well we're trying to figure everything out right now so I'm the one with abrasions I'm the one with a bad heart I hate to say it it's far left field I'm about to die that's how I feel that's why I went back to the er and I got a hotel room I said I can't go back there cause this girl she's not changing her ways and all she does is demand money out of me and I've always given it to her and that's what I said wait the check is not in when my check gets in I'll give you the money she didn't care all she said she started trying to elevate my BP cause she knows that I have a heart condition yeah yeah sir like as it this is serious this is serious my heart condition it's nothing to play with because once if my heart goes if my heart goes then um everything goes that I was concerned about my health after after what she she was throwing multiple clothes at my chest yeah I'm not you need to separate yourself from that situation that's why I went and got a hotel room and got an injunction she's married now she can go with her husband I didn't get out I have anxiety I just called him I didn't get out constant no confrontation I pulled over so I could talk to the gentleman cause I am literally about to die I'm not making this up and that's why when the cops said you need medical I said I'm the one that said yes I need medical and that's when I took myself to the er anything and um you know the doctor gave me some BP this is serious my heart my heart is in serious trouble and okay so what's gonna happen today is you're gonna be going to jail for DV battery strangulation so a what domestic battery I did not domestic violence her the girl attacked me okay so you're going by her words and her words yeah I'm the one with marks she punched me in the chest did you read the paper where the invasion in the temple please put your phone OK I sure will thank you and can you put down your shirt please yes I sure can thank you the number that I gave you it's gonna be in this bag with your ID and your credit card yeah but I need the I need you to give me the paper I don't know why you're not handing me the paper cause I am allowed to have paper in this car I've done it several times and they've given me the paper in the car you're just being combative okay it's gonna be in here huh it's gonna be in here okay but who's taking I believe she's coming to the PD right now can you open this door so I can rest my legs out I'm hurting back here I'm a God 47 year old woman and she's people sitting here and abusing me no oh I'm sure no like I said what comes around goes around and what you're doing is gonna come way back worse than what you gave it don't matter if you're in the badge that's why Trump deported y'all I'm Puerto Rican I know but they don't like y'all I'm Puerto Rican Puerto Rico is part of the United States Puerto Ricos part of the United States don't care you're not American look at that makes no damn sense I'm the one battered I throw that girl off of me oh she's got marks on her neck I threw her off of me from pounding me and almost taking my life today self defense is not against the law what you're doing is against the law you intentionally put me in custody because you plan on taking me to jail from the get go even with the evidence and the proof in front of your face your thing was to throw somebody in jail so you can go home and sleep on it make yourself feel good on a false arrest cause that's what y'all do liars believe liars criminals abusive people believe abusive people cause y'all all have the same mentality and this ain't going nowhere you know why cause that crazy lying b*tch ain't gonna even show up cause she's a liar just like you are your intentions was to put me in the back of this car when you saw me your intentions was to hunt me down and throw me take me down the sharks for no reason even with the evidence in your face I was the one needing treatment I was the one battered I was the one used self defense and it shows everything I'm stating is true I'm the one battered up did you take the picture of my leg uh huh and on my chest and on my head I'm the one battered not her he made a huge mistake they don't care because the states are so different yeah he don't make mistakes b*llsh*t I got battered by my sister today he doesn't make mistakes I got battered by today and beat and beat pounded on I used self defense to get that girl off me so I did not end up dead in my home who you gonna fight your sister she was fighting me the bruises are all over my body and it shows where I took her and threw her off of me which I told him before he even showed me the marks on her neck I didn't even know she had a big sister or a little sister the she's younger but she's old she's taller than me and she was literally sitting there pounding on me okay I went to she I went to the er had medical work done yes and they took all I can tell you is let the judge know when you get in front of the judge OK cause it's out of our hands now alright well of course it is that's all I can tell you they act like they're doing something when the judge throws it out they come back and try to forge up more lies but guess what won't be around me for the next round and I will not be entitled to I gotta get in there man and and does that make you feel good that you're reporting all this sh*t you're doing is a waste of time because I hope that makes you feel good as well I'm still in my job okay well guess what she ain't going to court and she ain't showing up get Mark my words I will move out of Tyson I refuse to report report uh support I refuse to pay for this thing y'all promote violence y'all promote criminals and that's why there's so many out there and that's why there's so much violence happening in the world today because of you people like you yeah think somebody believe your lies oh I wasn't no you yeah probably at my house but I had to go to the er and you would have got there and talk to me at my house and I was able to talk to you but no I don't trust you people why because all she does is lie I had to get to the hospital and get my stuff before I had a heart attack you don't care all you care about is doing evil just like her cause what you doing right now is evil this wasn't improvised let's examine what the law authorizes and what it doesn't the arresting officer receives an a minus his victim interview methodically documented each statutory element of the strangulation charge Miranda was delivered correctly and composure was maintained throughout the grade falls short of a full a because no audible primary aggressor analysis was conducted under section 7 41.29 subsection 4 paragraph b despite the suspect presenting a competing injury claim the suspect receives a C plus her proactive injunction filing reflects legal awareness and supports her self defense claims credibility however spontaneously exiting the vehicle escalated the encounter continuous vocal obstruction provided grounds for the resisting charge and a factually incorrect hostile remark directed at the officer's perceived nationality damaged her credibility at the moment it mattered most her self defense claim deserves full trial evaluation the victim receives a B+ her account was cooperative specific and element targeted she directed the officer to physical evidence and maintained a telephone witness one initial inconsistency in the breathing question later corrected is a minor vulnerability defense counsel will likely exploit three takeaways first Florida's mandatory arrest statute is not discretionary probable cause in a domestic violence case requires arrest second self defense is a trial issue not an arrest stage defense probable cause and affirmative defenses operate on different legal standards third conduct at arrest carries independent legal consequences spontaneous vehicle exits vocal obstruction and inflammatory statements support charges regardless of the underlying facts let us know if there is an interaction or legal topic that you would like us to discuss in the comments below thank you for watching and do not forget to subscribe to our channel for more content on police court interactions