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- en
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- 2026-10-22 23:37
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in South Whitley, Indiana near Fort Wayne. That cop just threw that teenage girl to the ground. >> How old are you? >> 18. >> Good job. You're going to jail. >> The officer said she had been speeding and took too long to produce her ID. >> Can you please grab my phone and my license for me? >> You're now going to jail. Do you understand? You don't get to sit there and tell me how I'm going to do my job. Do you understand? was attached. >> Moments later, the girl's father arrived. >> Uh, want to give me her ID? Want to give me a registration? So, she was assisted out of the vehicle. >> Assisted >> about 5 minutes out, maybe four. >> Well, the cop has now been assisted off the police force. It turns out the officer has a history of violence and that city officials knew it in advance. Oops. All of this began when South Whitley officer Brian Shiml, according to the police report, pulled over high school senior Vivian Augustus for a headlight violation and for going 37 in a 30 mph zone. The parents of Augusta said she was nervous because she had never been stopped before by police. Officer Shiml approached and asked her to roll down her window, which she did very quickly. As she was looking for her license, which she had forgotten was attached to her school ID lanyard around her neck, Augustus asked why she was being pulled over, and Officer Shiml reportedly said that didn't matter. While the teenager was fumbling for her ID and registration, Officer Shiml opened her car door and told her to get out. Seconds later, as the 18-year-old was still trying to find her ID and registration, Officer Shiml pulled her out and threw her down. Despite the gas station surveillance camera and the police cruiser dash cam, it was only now after the violent takedown when Officer Shiml's body camera started recording. You can see the teenager's school ID and driver's license on the ground near her head. Give me your other hand. Didn't have to be like this. >> One to 10. >> All right, get up. >> Roll over on your butt. >> I have a knee injury. >> Please help me up. >> Which knees hurt? No, I have any insurance. >> Okay, ready? Going to count to three. 1 2 3 up. >> How old are you? >> 18. >> Good job. You're going to jail. >> Well, >> refusing to identify. >> Can you please grab my things for me? >> Your what? >> Can you please grab my phone and my license for me? >> Yep. Take a seat. >> And my keys. >> Take a seat. Chiml picked up her student ID and driver's license. Then he picked up her cell phone and wallet. All right, Vivian, are you injured in any way? Would you like your medics to check you out? No. >> Okay. I'm going to read you your Miranda rights. Okay. I have to read these to you since you're in custody. All right. This is your Miranda warning. Before we ask you any questions, you must understand your rights. You have the right to remain silent. Anything you say can and will be used against you in the court of law. You have the right to talk to a lawyer for advice before we ask you any questions and have them with you during questioning. If you cannot afford a lawyer, one will be appointed to you before any questioning if you wish. If you decide to answer questions now without a lawyer present, you will 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 your rights? Okay. I'm not going to ask you any questions right now. What I am going to tell you is you were pulled over for your speed and your headlight. Okay? Your speed was 37 and then 30. Not that big of a deal. And your headlight was out on your driver's side. pulling you over to let you know if you would have just given me your license and your registration like I asked you to do, you would have gone away with a warning tonight. Okay? But however, since you decided to [clears throat] pull this right here where you don't want to comply, you don't want to give me your ID and you think you're going to run the scene, you're now going to jail. Do you understand? >> I was trying to give you my >> You were not. How many times did I ask you? >> I was. >> You were not. I've got a body cam on. It will show you not pulling your ID out. When I ask you to step out of the vehicle, you step out of the vehicle. You don't get to sit there and tell me how I'm going to do my job. Do you understand? >> What do you got? >> Pull over for headlight and speed. >> Okay. >> Cracks her window. Ask her to roll it down the rest of the way. Cracks it another/ inch. Ask her to exit. She refuses to exit until I tell her why. Tell her about four or five times, exit the vehicle. You don't want to go down this route. refused to exit. So, pulled her ass out, put her in arm bar, slammed her to the ground, got her in custody. >> How old is she? >> She said she's 18. >> Okay. >> So, she's going to go to jail. Um, [clears throat] of course, my body cam didn't turn on when I told it to. You're going to have to back out, man. There's no room over there. >> That's a gas station customer who criticizes Shiml's parking job. >> I plug up the whole damn parking. >> Okay. Well, the problem here, sir, is that she pulled in here. I didn't pull her in here. So, get off my scene. >> Get off my scene. >> What did he say? >> I don't know. >> No. Dispatch. >> Oh, I make sure. >> Moments later, Brent Augustus arrives. He is Vivian's father. >> How's it going? my car. >> Yeah. Your daughter. >> Yep. >> So, I'll tell you cuz I'm the one that pulled over. So, I pulled her over for speed. 37 and a 30. And then the headlight. Okay. Her driver side headlights out. >> Oh, okay. >> Okay. Pull her over. She pulls in here. >> Uh, cracks the window. They're talking to me. >> I got it. I got it. >> Cracks the window. I ask her to roll the window down a little bit more. All the commotion and the rain. I can't hear her. Yeah. >> Refuses to do that. Ask her to step out of the vehicle. She refuses to step out. asked her probably four or five, six times to exit the vehicle nicely. Asked her please. Refused to do it. Uh want to give me her ID, wouldn't give me her registration. So she was assisted out of the vehicle, placed into custody, resisting arrest until her to identify. >> Okay. >> Okay. >> That's I mean, honestly, I know she's 18. That's probably my bad cuz I've instructed her that we roll the window down like that much. >> Absolutely. You don't have to roll it down all the way as long as you can get the ID out. The problem is is when I can't hear because of the traffic and the rain and everything, we're in a gas station. >> You know, you ask her to exit the vehicle and she refuses to do so. >> You know what I mean? Then they go, we go down this route. >> Yep. >> So, um, >> I just wanted to let you know, are you dad? >> Yeah. Okay. >> And my dad's a retired state trooper. >> Okay. >> So, >> so, um, do you have somebody? Well, I already called a hook. I wish you would have got here a few minutes earlier. I would have just gave you the car, but there's already a wrecker on the way, so >> Oh, I can't just take my car. >> Let me see if they called him. >> I got it. >> You'll do it. >> I was going to say wrecker or not. >> Well, they've already been called, but if they haven't if they're not in the truck yet, I'll give it to you. I don't have an issue with that. >> Okay. >> Um I just have to do a search incident to arrest, make sure there's nothing in there she shouldn't have, and then I'll give it to you. >> Okay. >> Okay. You got your ID so I can >> Yeah. Yeah. >> So, what happens next with her? So, she's going to go to jail for resisting. She's going to get a ticket for the headlight and the speed. Um, she'll go down to the Whitler County Jail. She'll be assigned a bond and then you can bond her out. >> Okay. >> Or whoever. Doesn't matter who, but she'll get a bond. >> Yeah. >> Can I talk to her for a sec just to keep her chill? >> Just disregard him. >> Yeah. You give me a minute. Okay. >> When Bran Augustus spoke to his daughter, he found out that the arrest was not as peaceful as Officer Shiml had portrayed. After Vivian Augustus was taken to jail and bonded out, the family then began efforts to get the police and body cameras as well as the gas station surveillance video. After three months, the police finally produced their videos to the Augustus family, who then posted it to social media. The video showed, among other things, that Vivian had rolled down her window completely for Officer Shiml, something he denied in his police report. Between Shiml's lies and the violent takedown, the community erupted. Countless citizens criticized the police in person, online, and at a town council meeting. Initially, the town council said Shiml's reaction was flawed, but not worthy of dismissal. But soon, the police department acknowledged that Brian Shiml had been suspended in 2023 by another Indiana police department before he was hired in South Whitley. The local prosecutor, understanding that officer Shiml would be a disaster in any trial, then dropped all the charges against Vivian Augustus. and the town of South Whitley fired officer Brian Shiml. The Augustus family says they are grateful for how this has turned out, but are keeping their civil lawsuit options open. One can only hope their efforts will spark some police reform, including better background checks on potential hires and anger management training. As for Vivian Augustus, who belongs to her high school choir, volunteers in the community as an EMT, and had never been arrested before, she's now focused on starting college and putting this horrific experience with police behind her. I'm David Schuster. Thanks for joining us.
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