taking a mom like these kids need their mom my child is 2 and he's still nursing there's leverage that he's trying to gain so that he can get custody Delaware County Ohio date unknown at time of analysis domestic violence investigation and arrest body cam footage obtained via public records request hey Sarah right yes hey you take the signature this is Alice Miller hey you as well I assume you know why we're here uh yeah I I mean I don't know why he would do that because he's the one who initiated violence first and I mean he did this all in front of our three year old so can you tell me about it yeah can I tell me exactly what happened I mean so he you know came into the house he had I don't know something in his hand and um I was just trying to talk to him about some stuff that was going on he told us about the fair I mean that's yeah it's you know it's our business well it's ours now cause the police are involved so I mean that's why that's why he was gone that's why he came here it is what it is but right I just mean just so you know like I know why what happened okay I mean I understand that but at the same time you know he has made threats he was here yesterday drunk making threats that he was going to go over to Louise's house and that you know I felt very like like he was going to make a move or something threatening was going to happen and I saw that his knuckles were all bloody and so I just kind of assumed that he had gotten to altercation so I was asking him about that because he did make text and emails to me kind of saying like like he was going to meet up with him or find him in some way shape or form and so that's that was my concern and I was just like can you please just tell me if you hurt him like what did you do I I deserve to know that that's a conversation today right that was about the that was a conversation today okay upstairs and I was I see that your knuckles are all bloody and that so his right hand isn't normally like that right that's why I asked him about it and he just said you know I talked to Luis and and he wouldn't tell me exactly if he met up with him or like what he said or anything and so I was just trying to get more information on that and um you know also at the same time with all of this going on I have an appointment that I need to take my daughter to that he said that he was gonna come watch his children with and so I needed either the car seats which are in the truck or my car or for him to stay here so that I could get my daughter to her appointment at 12 and so I grabbed the keys and I was just like I either need to take the boys or you're staying here like either or I need to make this appointment which obviously didn't happen and so I grabbed the truck keys and he got really upset with that and and where were the truck keys at they were in his hand but I mean I so you reach for the cookies that he had in his hand yes and I grabbed them and I put them in my pocket is that what cut his finger I mean possibly I have also scratches and cuts from him too I was beating on my other shirt as well but I mean yeah that's I don't think that it was like it wasn't forceful that I took the keys off of him like well you well you mentioned that so I saw that has that wire ring on the keys and I asked I said does that what cut his hand and you said possibly probably so you took him in a force enough that a wire cut his finger I mean yeah but they were in my pocket the whole time and then from that from that point they're his keys that you said he had in his hand that you took from him correct and you took him with enough force that it cut his finger open I mean yeah but like my fingers were cut too so where where's your fingers cut out right here and I have other scratches that he you know put on my body as well and so and the thing is is like this is show me again I'm not seeing anything can I and I and can I also just say that this is our like our properties too you know like the kids have the car seats in the car true I want to you know I am absolutely having to you know go into the car like I I need the car or I needed him to stay here which was not even you know like didn't sound like something he was going to do well car seats are I think car seats are one thing I think the the way that one retrieves the car keys is a complete other issue okay I agree but then the way that he he's probably not telling you or disclosing to you the way that he got them back from me which my 3 year old would be happy to share exactly because he you know saw his father jump on top of me throw me to the ground and you know grab the car keys from my back pocket which is completely inappropriate to be doing in front of our children I mean our our kids are scared of him and that's going to be obvious when he comes home and he sees you know his dad I mean you my 3 year old doesn't talk very much but like the the things that he saw he he could definitely say that his dad was being extremely abusive towards me just to get the keys back and so I understand the little cut on on from the ring but like it's the same cut I mean it's not like it's like I mean he's his fingers cut I mean okay I mean but the way it's enough that it's it's blood and it's got on his pants I mean I mean regardless however we want to classify the cut if it's a minor cut or a bigger cut how tomato tomato right they were taken you were saying well I took him but you took him with enough force to cut his finger okay okay that's that's that's that's my point like like okay I know I understand where you're coming from but you're not you're missing the fact that I'm trying I'm trying to literally I'm trying to jump on top of me we're all over the place in this conversation yeah I know I get that but so we need like what I'm trying to figure out is once if you need to grab him feel free you you you just put you get the keys from him then what happens from there after that and you grab the keys I assume to get the car seats is that why I just honestly I just needed and wanted to know what was said with Louise so like you didn't want him to leave so you like you grab the keys cause you don't wanna leave cause you wanna know what happened with that conversation but then also at the same time I needed to make the appointment for my daughter and I either needed to take the boys with me which have the car seats in the truck or he needed just to stay here with the boys so yeah like he couldn't leave again but he did so alright um I mean and then as far as so the keys were either to like keep him here so you could have this conversation about Louise cause you saw his knuckles and and you and you thought maybe he'd actually been in a fight with Louise yes and then that's what he was threatening all night that he was going to meet up with him and that it was that he already knew where he lived that he had this conversation with him he already scoped him out and was basically stalking him which he told me that he was so okay so so you take the keys did you mention you had him in your back pocket is that what you said earlier so you put him in your back pocket what happens from there well I just wanted to know if he had talked or spoken with Louise and he would just kept saying give me my keys give my keys and it was just kind of all downhill from there he had noticed that they were in my back pocket so he had jumped on me grab basically just like taking me around throwing me around in front of our son so you guys were you guys were wrestling over the keys yes essentially yeah is that how he got all those like claw marks and everything from your fingers I'd assume that's what they were yes because those I mean those are defensive wounds because he was grabbing me from behind and he just I mean he knows what he's doing he's you know like he has fought before in MMA and he's a lot bigger than I am so I'm not sure like you know I mean as far as what I I feel like I've been thrown around but you you guys can't see that because it's I don't have physical bruises I mean I haven't checked my body yet but I'm sure they're on there so it's like no I have no reason not to believe that you were is it you said thrown on the bed thrown on the bed is that what you well I think he was on top of the bed okay he was just throwing me around everywhere and all of this well you said he got on top of you yeah I mean he was like kind of like he put his arms around me from behind like standing yes standing up and then brought me down to the ground and I mean at that point I'm just kind of like you know trying to get him off of me as much as I can so if I did use my hands that's probably what the scratches are from but okay I mean did did you ever did he ever punch you no no okay um and did you hit him in the back of the head when he was holding one of the children no I no I mean it's just everything happened so fast and I know that like when he brought me down one of the kids was and and this was all in front of both of them so he said that the kids were there yeah um okay and once he gets the keys he leaves he just left immediately okay circling back cause I'm if I if I misunderstand this tell me where I'm wrong okay I just just to repeat it back kind of what happened so he comes over here um and you wanna know about the conversation with Louise and uh cause he's he's been mentioned that he was kind of he was going to intimidate him or he was going to beat him up and you noticed on his right hand that he that redness is on he said he's got skin issues like on his hand cause I asked him about it too um is that something that comes and goes or you've never seen that in the entire time you've ever been in a relationship with him not like that no but my son has eczema but not does he have eczema or psoriasis or undiagnosed or does he break out that's not something I've ever seen before you so you've never like the whole entire time you guys been you've never seen his knuckles like that no that's okay I specifically asked him about it okay so I'm and if I'm not mistaken I saw something on his lip as well I didn't see anything on his lip maybe it wasn't as bad but like I just that's why I asked him about it it's because it's have you talked to Louise no since he left no I don't think they ever talked I mean 6:17 he absolutely mentioned that like he has his address that he took my phone yesterday and yeah he pretended to be me yes he did say that saying that oh we have a meeting at midnight something like that like you and Louise are meeting at midnight no idea what that meant I just assumed that he was trying to say hey do you wanna meet up pretending to be me on my phone uh huh and that that's he did he did say that he took your phone and um he said that he tried to call Louise um but he never would answer um he said he answered once when he tried to call him from your phone but as soon as he realized what was going on he hung up I mean that's he never mentioned anything like that and when he came back yesterday he stole my laptop he stole my work laptop too I was gonna call you guys but I was like you know maybe he'll have some cause he was very drunk very intoxicated yesterday and he took my work laptop which that's there's so much NPI in there that it's like I can't like I can't let anybody who's not a part of our firm to have that you know so I really was going to call if he didn't return but return it this morning sure yeah so so he comes back you wanna you wanna find out what's going on with Louise cause you didn't want him to leave and you also wanted the car seats you take the keys from him that were in his hand which cut his finger there is some how do we know that this like didn't happen after because like when I left it there was no blood there's no blood anywhere on his finger's definitely cut I mean it you it you know like right right here um across and he said it was from holding on to that that metal ring of the of the keys okay but like I didn't see that when he left so what I'm asking you is how how do we know that that wasn't like inflicted after you know like that there was nothing like wouldn't it be all over the the walls or our kids clothes if he was holding them like sure I don't see like I don't like as far as like is it cut yes is there like is this something that's look like a bloodaton it did not um as far as that goes um but um you're saying there's nothing in the house or on the kids or nothing like that there was nothing on you or nothing like that I mean I have not checked my body yet but okay like I feel like I have I could have bruises OK some places but I haven't checked yet OK and I really didn't think that it was gonna get to this this escalated sure because I understand because I mean really though he was the one who inflicted the violence in front of our children first you know I would disagree with that I would say that the whole thing started because you ripped the keys out of the hand but I think keys have the car seats well regardless but regardless that that's what started regardless that's what's his car I mean regardless that's what started the whole thing I mean you know it's unfortunate that it has to come to this just because there wasn't a civil conversation had hundred percent and hundred percent I don't feel like this is a great use of your guys is fine I disagree I mean a guy came in he believes that he he that there was a problem that he believes he's a victim of domestic violence and he wants us to look into it I mean I don't disagree I don't I mean just the same as just the same as if you felt the same way I mean we would help you in the exact same or try trying to figure out what would happen so I mean that's what we're here for if it didn't come first because did he tell you the parts where he inflicted violence on me today yes or did he miss that uh he said he pushed you to get you away from you no that did not happen so because I didn't come to you first you guys are choosing to believe him I that's why I said that but but you're mistaken this is not the first time that this has happened okay we've lived in Arizona before and the cops have been called prior and it's it's the same thing you guys can't see what he inflicts on me but I'm not gonna sit here and say that it's that it didn't happen it could because it did and he knows exactly he did but you said he didn't hit you so wait you uh in order to be considered domestic it has to be hit are you saying that you have to be hit are you saying the words that he said no I'm saying the fact that he literally pulled me up and dropped me on the floor which I have multiple times told you and so I mean I have you never said that he dropped you up and put you on the floor you you said that when he got on when he got on top of you you said that it was from behind it was from behind and he push pulled me down to the to the floor I did tell you okay and then and then and then from there my head was being hit on our closet and we were wrestling on the floor and there was a lot of you know pain that was inflicted on me but because what because he has a literal blood spot on his finger it's considered you know like I'm in his in his arms both sides need to be considered and I don't really appreciate that you just because he came to your office first that you know he's saying that he didn't do anything or that he's the hundred percent victim in this in this situation because that's not the case and and I never said that he's 100% victim you said that this was a waste of time and I said I disagree I mean you know I I also okay I take that back because because of everything that he did in front of our children I would say yeah that is probably something worth looking into because that should have never happened in front of our kids so I mean as far as like what happened you can talk to my 3 year old if you want to put him through that because he knows exactly what he saw his dad do to his mom you know and he even said when he left the room he said you are being a bad boy daddy and he shut the door asking his dad to leave if there you know I have no reason not to believe that he took you to the ground and and from from behind presumably to get the keys back right yes yeah I have I have no reason not to believe that that happened like I'm I'm not saying that that did not happen but what you're saying is I believe you that because he came first to you well the only reason I well the only reason I'm here is because he came here first so I've not I've not sided one way or the other in this situation at all that's why I'm sitting here having a conversation with you I think what upset you was you said it was a waste of the time and I disagreed I mean yes I mean I I think that's the part that upset you but I mean if you when you sit here and think about it you're like no maybe it's not so yeah but like I I know how this goes like he was the one that brought it to our attention first that's why we're here we got his side of the story and we came over here to get your side of the story we haven't taken anybody's side right we just came to get the second half of the story right there's and I I know there's always two sides of every story I mean clearly and I mean trust me I've been told all kinds of things and then I go and talk to other people and like well that's clearly not half of it so like and so as far as that goes I haven't made a decision on anything and I'm gonna tell you that like you know this this isn't the first time that this has happened before you said in Arizona in Arizona this the same thing happened and I would have hoped to god he realized how difficult it was to go through you know because obviously since this happened in front of the children now you have to I'm assuming presumably involved CPS which I hope to god you guys don't but I really really really like wish that he considered this because now it's it's gonna be a different road now what what happened in Arizona anybody was they arrested arrested no so just like a domestic dispute yeah it's an argument protective Child Protective Services involved yeah because cause of her because my daughter was home and she had heard and saw the aftermath of things and it's it's just can is there a way I know he's he just fell asleep on you yeah can you look to see um if you've anything start to bruise and that doesn't have to be bruising you don't have to be cut for me to believe you're anything like that but just from grabbing or wrestling or anything like that I don't know if you can sit on the couch right there without with you would that's it that's the dog's couch oh OK too hairy that's OK no I mean do you have eczema or psoriasis or no that's just from this new sweater that I put on OK and then I mean that was like from him that's a scratch from yeah and that this is starting to bruise okay do you mind if I take a picture this is a I have a work phone this is strictly work this is not um personal or anything like that are you okay if I take a picture of this yeah okay so you're not gonna mention the brand yes no yep just start here just move your just move your hand there you go OK so um I just need a couple minutes I need to make a couple phone calls um and then um I'll be back in he's at our police station that's where he's at he's not under arrest or anything like that he's sitting in our lobby cause he he's the one that reported this that's where he's at so obviously we gotta come to a conclusion on everything so I just gotta make a couple phone calls just give me just a few minutes and then we'll get this whole thing wrapped up and we'll figure out where we gotta go where we gotta do okay and then as far as CPS is involved can we just not so so unfortunately that's not how it works you know it's how it how it is is that they were present in it um you know um I hear I hear what you're saying we are not bad parents we are just going through a really tough time in our marriage and they do not deserve to be punished from this so I get where you're coming from I get it that's why I didn't call you guys because I was also hurting so I don't really like I know how this goes but he was not thinking and now our kids are just going to be punished this whole thing like you said earlier it's it's it you said it's gonna change everything and you're you're probably your statement probably wasn't wrong you're saying you know what I mean I mean it's probably not do I do I think that children are gonna be taken from people no I don't I don't think that but what they do have to make sure is that everybody's safe everybody's fine um you know it's it it just kind of is what it is as far as that goes um you know and I I understand where where you're coming from you're like it's not necessary we're good parents things got out of hand um you know unfortunate circumstances I get it I I hear I I promise you I hear you at the same time it's like there's a part of me that has to document things that have happened okay well but I'm not I'm not that I'm not grasped the entirety of the story and since my three year old was a witness I'm not I'm not saying that you should talk to him about it but I'm saying that like he knows exactly you know he was standing I understand um no and I I feel like I grasped it and that's why I said it back to you because I didn't want to interpret anything that you said or anything that was happening so I wanted to make sure that I was correct um so just give me just a just a few minutes give me like 5 minutes um and then we'll try to wrap this thing up then OK OK thank you so much come back down hi hey sorry he ran upstairs oh washing the dishes no you're fine you're fine so listen the the the as far as just the story goes you know it's a lot to take in there I called our prosecutor just to say hey the work kind of prosecutor just to ask him hey this is the story what's going on so what how do you feel about it and um she felt and and it was kind of what I was asking so you're looking for the physical primary aggressor in a domestic incident and she felt that since you grabbed the keys to prevent him from leaving cause you wanted to know about Louise which he sustained an injury from that you would be the physical primary aggressor in this okay because of that you're gonna be arrested okay for domestic violence and assault no these kids cannot so just let me finish so we're I don't want to turn this into something crazy and loud and more charges and everything like that so let's just work together for a second okay so um in his truck outside is their dad okay he can he can take the kids he's our father he can take the kids um which is which is fine um we're gonna go back to our station there's some paperwork we will then take you to the dollar counter jail where then they'll process you process you and then they'll go from there where you can you can get yourself out okay um go ahead how can you not see right through this I mean and a divorce was inevitable right but then like to come to the station and and have all of this drama played out like this it just seems like he was just trying to gain leverage so that he can have primary custody of the kids which is gonna happen okay like if I'm arrested today that is what's going to happen and I there I would like to reach out to your prosecutor because I mean there's there's just no way that these kids can survive you you realize that you guys are letting somebody who is a habitual cannabis smoker around his family a heavy drinker somebody who I get it but like he's not his best self around the children when I mean I need to be here for my kids I cannot there's just no way that I'm I'm going to get arrested today and I mean he does but at the same time he's smoking like that's what he needs every single day and so like when he doesn't have it like you can see how extremely violent that he does get when he doesn't have it because that you've just made it a habitual thing well you know so I mean we're here today you know all those things is is what you said happened you're looking for a physical primary aggressor in an incident you took the keys that caused him an injury because you didn't want him to leave cause you want to know about Louise that's what happened first case scenario today we take in custody right we file our paperwork we take a Delaware County jail from there you'll have an opportunity to either post bond or wait till tomorrow morning for an arraignment what you have an arraignment we'll set a court date where you can go to court and you can get this is this isn't we're not judge we're not judge jury and executioner so this is this these things last a long time can you go back to your prosecutor please no I I don't like this is going to impact my work like I I I understand that like you know you guys have a a protocol but like there has to be another way okay like today there has to be another way I'm not this isn't it's just not going to happen this is going to impact everything and all because of keys like come on I mean I get where you guys are coming from but this is it's just there's just no way can you please go back to your prosecutor and ask her no unfortunately the it the the the we don't do at that that's not gonna happen we're not gonna go back and forth and I don't disagree with her that's why I asked those specific questions I don't disagree and so and so my husband did say that he's going to press charges because was that is that so it doesn't so when it becomes to domestic it's not his choice and does he realize that though before coming into the station before saying whatever piece he needs to say he realized that yes after talking to him he said he didn't I don't think he realized that he didn't have a say and if people are arrested I don't think he had a say I don't think he knew that 1:29 he didn't come to the police station with the intent of having you arrested today I don't think he knew that until and that's the thing about and so does he know that right now he doesn't know now which you didn't want to happen well I know I know here we are I I hear what you're saying I I hear you it's like if you didn't want that to happen you guys are protecting an abuser right and just because I wasn't the first one to come to the station I'm feeling it in my body like everywhere just because he knows how to take somebody down with physical you know without leaving a physical trace like he knows that he knows the what he's doing but because I didn't come to you guys first that's what it is like I I'm just so confused right now like why this is even a thing like this can you please get back to your prosecutor it is what it is right now and can you please I please get a second opinion please I feel like I deserve that I feel like these kids deserve that I feel like our family deserves that especially if my husband didn't have any idea that you guys were just gonna make that choice I bet you he would have fucking thought a lot different and I'm walking in that fucking station right now I know that so can I please get a second opinion from somebody somebody I don't please I don't I don't disagree with you I I don't disagree with you however in the state of Ohio when a domestic situation is brought in front in front of law enforcement we are required and mandatory to arrest the physical primary aggressor and there is there is no leniency there is no nothing on it my hands are tied as soon as he walked into that station and proceeded to tell a story there was nothing a story that you guys have decided to believe well you it you said it happened I mean it's a key that I took from my hand like that's I I hear what you're I hear what you're saying hi buddy but but you you you're the one that said I took the keys from her I ripped them out of his hand because I didn't want him to leave because you want to talk about Louise I hear you but when you did it and have you guys checked on Louise do you guys really believe that that's just X men there that he beat the shit out of somebody yesterday have you talked to Louise I have not well give me Louise's number I'll be happy to call him hey hi buddy I could check on him get if you give me his phone number and then what's gonna happen and then two parents are gone out of these kids lives like what what that like I'm hey Bobby I just don't think that there's that this happened in a great fashion okay I didn't call you guys when he told stole my work laptop when he told me he made threats yesterday that you know he was going to beat up and kill Louise like I didn't call you guys but should I have to protect myself like I think you could you could it just it just feels like it's just feels like there's leverage like that he's just trying to gain to you know it feels very unfair presume our divorce like I I that was inevitable but like now now it just seems like there's reasons that I feel you guys should you know see through see right through because this happens all the time people get divorced but then like there's leverage that he's trying to gain so that he can get custody I don't believe that was the case today OK I really don't uh he was just as frustrated as you are with the whole situation he came and told his side of the story the officers came here and got the same side of the story the versions were very similar to each other he was he was injured today and so we've got to act on that so the sooner that you can go upstairs you can go upstairs honey so the sooner that we get this taken care of as soon as you can get make your phone calls and come back and phone calls to who like what are you an attorney yeah I mean what yeah I mean and what kind of attorney a family law a no it's a criminal it's a defense attorney defense attorney and again we're not judge during executioner this is what happened this is what has to these are the stages that we are right now I'm not trying to to create a big scene I'm not trying to escort you out of here with your neighbors I'm not trying to make a big scene I'm not trying to do any of that OK I mean it seems like that's what he wants so he I don't think he really wanted any of this to be honest with you well then he should have thought about that before he stepped right in I don't this is something that we could have handled on our own perhaps and perhaps yeah I I well I don't disagree with with and you guys are okay taking a mom like these kids need their mom my child is 2 and he's still nursing so I'm confused how that's supposed to work can you please go back and you know disclose this information to your prosecutor and maybe she'll change her mind like I don't I like did anybody think about this before did you think about this Sarah I mean you're not I was having a I was trying to have a conversation about what his bruises and in his phone was because he made threats that he was going to kill and hurt Louise yesterday and I think that's fair I I I deserve to know what happened and yeah I mean just from taking keys like it I don't okay there's nothing else that can be done no just make sure you have your phone your wallet your ID things like that to take with you so if you can make some phone calls when you get there we'll go from there good job alright you ready here catch ready catch the first one come on missus do you have do you have anything in your pockets or anything like that what you told me to grab just that OK nothing there nothing in your back pocket alright just you can just stand right here just give me your wallet and then or not your wallet just give me that just turn just turn just turn yeah don't sit on that and I'll give it to you when you get back to station OK you can put your you can put these in here I don't care about that you're here alright just put your hands behind your back here do they feel they don't feel too tight do they OK go ahead and have this don't do that don't do that don't do that why why why this is exactly what he wanted just face me just face me and then just sit back that way this is my first time in a place yeah that's why I said if you face me and then as soon as we get back to the station I'll get these off of you are you are you okay I'm fine okay Ohio Revised Code Section 2,919.25 defines domestic violence as knowingly causing physical harm to a family or household member physical harm includes any injury regardless of its gravity or duration a minor laceration caused by a key ring satisfies this statutory threshold Ohio Revised Code section 2,935.032 mandates identification of the physical primary aggressor in mutual combat domestic incidents required factors severity of injuries to each party whether one party acted defensively history of domestic violence and any threats made first physical contact alone is not a sufficient basis for this designation applying section 2,935.032 the complainant sustained a minor key ring laceration the subject documented bruising from being tackled thrown to the floor and having her head struck against a closet the severity differential between the two injuries is a mandatory analytical factor not an optional one Graham v Conner 490 U s 3 8 6 1 9 8 9 the reasonableness of an arrest is evaluated from the perspective of a reasonable officer at the scene based on circumstances known at the moment of the decision here probable cause existed documented injury to complainant corroborated by the subject's own admissions Peyton v New York 445 US 5 7 3 1 9 8 0 a warrantless entry into a private residence to make an arrest is presumptively unconstitutional exception the subject invited officers into the residence satisfying the consent doctrine under the Fourth Amendment no constitutional violation occurred at the point of entry Miranda v Arizona 384 U s 4 3 6 1 9 6 6 Miranda warnings are required only prior to custodial interrogation the subject was not under arrest during the interview so no Miranda obligation was triggered however the Fifth Amendment right to remain silent applies independently of any arrest or Miranda warning Fifth Amendment principle any person who is the focus of a criminal investigation may decline to answer questions during a pre arrest interview without legal consequence the subject's voluntary admissions including confirming forcible key removal and intent to detain the complainant formed the factual predicate for her own arrest invoking silence at that stage would have been constitutionally protected Sixth Amendment right to counsel attaches at the initiation of formal criminal proceedings not during pre arrest investigative interviews Atwater versus city of Lago Vista 532 US 3 1 8 2 0 0 1 The Fourth Amendment permits full custodial arrest for a misdemeanor where probable cause exists Ohio Revised Code Section 2,903.13 defines assault as knowingly causing physical harm to another person legal lessons from this incident first in any investigative interview the Fifth Amendment right to silence may be invoked without a Miranda warning second primary aggressor determinations require comparative injury analysis not merely identification of who initiated physical contact third Ohio Revised Code Section 2,935.032 demands a documented multi factor assessment when both parties sustain injuries fourth the court not the arresting officer is the appropriate venue for adjudicating disputed primary aggressor claims