we'll take care of it don't touch me get out I'm not doing that June 26th, 2024 a restaurant in the United States deputies responded to a reported physical altercation involving a server a customer couple and an outside aggressor a pregnant woman and her boyfriend were eating inside when Sean Butler the server's boyfriend entered and attacked the male customer without provocation the server Hailey joined the fight she was subsequently arrested for battery and then the worker attacked me so she needs to be fired and sent to prison I'm pregnant she needs to go to jail I don't care who's who's hey Haley her name is Haley let's go over there they were fighting back there so you two and then one of the workers that are still here yeah okay let's take him out here she probably I don't even know how much my she ripped out oh let's go step out here OK are you about to you're ready hey come on tell her to bring you guys out here hey hey come here I'm not playing with you bro we're gonna stamp out here where's we'll just well we'll take care of it we'll take care of it okay everybody is silent now we'll take care of it we'll take care of it don't touch me get out I'm not doing that no absolutely not no what don't okay listen I just got OK we'll take care of it we'll take care of it let us help you let us help you OK OK are you the employee of the mall is she the one that was involved alright let me talk to her thank you what's what's her name Kaylee Kaylee Kaylee OK hey Kaylee is there a spot you want me to talk to her we're not in front of all your customers yes um where you wanna talk that we're not in front of all your customers don't go out there don't go out there can you go behind the stand and your stuff are all dark there please it's alright that's alright you wanna talk here or you wanna talk somewhere where I'll be somewhere why won't you quit talking I'm so sorry but I don't want him to come inside because he hit a girl she's right there and she's already she's trying to help and he he hit her are you okay how's your leg he did this so I don't know if it was you or helly okay alright so I tried to break it up because his girl I guess so so these two here these two here yes let's start from there so we're trying to catch up now so these two here were in here eating yes okay and then what happened and I I don't know I saw someone fighting so I was here the whole time I saw alright so she kind of came in after I was coming out the kitchen so I don't know okay so he was there from the start yeah okay alright so then so these two out here those two young people were sitting there eating and then no issues no issues perfectly fine some guy with a blue hoodie came in and just came in started punching him and then they just got all to the floor and then we separated them the other guy left but then it all happened and then they started fighting over there okay so so these two someone just comes in they start fighting do you have cameras uh yeah right there I'm seeing camera really show this right here yeah that should aim right at what happened OK alright so these two are fighting you break it up how do you get involved in it um because I tried to break it up the girl was on top the girl was just the girl basically the girl starts fighting the guy that came in and then she starts pulling her off and so I understand so so a third guy comes in starts attacking her boyfriend then she jumps on the guy try to get him off yeah the girlfriend just okay so these two are trying to defend themselves and her stop fighting okay me and her started fist fighting why did you guys start fighting cause I didn't start I didn't initially start fighting I pulled her I tried to pull her off so then we just started fighting because she hit me okay so I'm just I'm not gonna let you I'm helping out I'm not you're defending yourself it's okay it's okay I'm with you I get it I'm just trying to understand how this works yeah yeah so I got punched because I was hitting his girlfriend back apparently so that's what this is he punched you yes he came up and punched me and I was over there OK cause she ran up on me from the back when I was running back oh so OK so you guys got in a fight and how did y'all fight he walked over there and punched her and I started hitting her yeah okay he punched me a few times so after the fact they're broken up she's now over there yeah so so and then he just runs back there into the kitchen and punches well he needs to go do you want to pursue charges against him absolutely okay but as for the female do you think she could have been just confused with what was going on with you jumping on her I'm not doing nothing with her because I'll just fight her outside no let's not say that yeah let's not let's not say that that's let's not say that do you know her do you know her yeah you don't want to do that you don't want to do that that's trash I'm not do you know her I know you're upset I don't know so yeah so you don't want to retaliate that's right there's no use to but he came back and followed you after you two were in this engaged and attacked you in the kitchen that's why I have this yes well it was by that booth OK OK alright so you do wish to pursue charges at least against him yes do we know who this third guy is that just came no idea no idea it just went down so fast I guess I was coming out of the kitchen I didn't even see it so are you a manager or something no I'm a I'm a server okay alright and you were just trying to help the group break it up okay kind of crazy huh okay alright are you on tape are you just recording you're not you're not stating no no no do you ma'am what's your name we're gonna get her a vest cause she has wet pants and that's sure so we're gonna get her a vest here's her name right here do we even know who this other guy was which which one the one that came and attacked you first yes that's Sean Butler s E a N B U t L E R why would he attack your boyfriend cause they already don't like each other but apparently it's okay that means it's okay for him to run in and no no no no no we're not saying that no not you guys okay that's okay going through his head obviously we've got to find out about Sean and figure out what's going on with him as why he would attack you and I understand then you had a server but everyone just over there thinks this is just so funny yeah she's so funny it's not funny don't don't worry about them I am worried about them because officers are gonna be online and she's gonna make something to you with wet pants like it's very funny it's nothing to be embarrassed about you got attacked you were doing nothing but eat lunch well I understand this but I I want you to feel that you don't have to be embarrassed because okay well I'm sorry you feel that way it's not your fault do you wanna sit or I don't wanna sit I have pants on I don't wanna sit down how are you doing with the pregnancy right now I'm fine at the moment you want a hospital or ambulance I don't want an ambulance no I called her name and she's pregnant just just to check we just had to get the ambulance I don't want to get an ambulance I'm fine okay well you can reject that once again that's why I asked you do you have a medical condition no just to make sure you're okay I think I'm gonna Fall Special TikTok I was I don't know I don't know I really don't care about anything I was just talking to her okay what did she say okay I wasn't even talking so good so better talk to me listen so who's the dude in the blue hoodie Sean Butler her boyfriend that's her boyfriend so don't let her tell you anything different cause that is her boyfriend and when he came in my boyfriend OK yes I retaliated because what we're sitting here eating and he came up and punched him in the face and grabbed him by the neck so yeah I did I retaliated and I started him as I should I don't see anything wrong with that at all she comes up out of nowhere and starts hitting me brings me to the ground I didn't even have any time to defend myself at all and then she jumped me with some other girl right hey hey hey Greg Greg hey just just put put him in the car don't go anywhere I'm about to go anywhere though come here no he goes nowhere yeah oh my god who's the guy in the blue hoodie one more time be calm yeah who is he to the server her boyfriend her boyfriend oh I'm trying to get his middle initial date of birth you know that because when she ran up on me and started attacking me she goes why would he attack your boyfriend they don't get along and that gives him zero reason for him to come into your house no I understand that I know I understand that so oh oh okay calm calm calm calm obviously the waitress saw us sitting there and called her boyfriend ding duh that makes sense what why he told her boyfriend to come in there and attack so every time we go to talk to your boyfriend about it he he wants he wants like all the stupid he doesn't want he doesn't want you guys to know that he knows because he obviously wants to go and handle himself I'm not going which is stupid yeah I'm not going for that no he needs to she especially is being because she's not telling us that and then he of course now listen listen listen relax so now all she's telling us cause he's not talking to us is then he goes into the kitchen and and give gives her a right cross right to the freaking eye and she got a black eye right so I don't see what's wrong with that personally he goes in into the bathroom after at or kitchen after the fight's over yeah you're not wrong with that no I'm not the fight's completely over it was not over it was not over it was not completely over at all because the bartender who doesn't know you all from Adam right hello said the fight was over what's going on is alright so let me let me go talk to her so Miss Miss Waitress needs to come outside well and then I asked him I said who is she because he's like where's where's Sean but and I said well who is the waitress right to Sean but and he goes I don't know now cause like she said he wants to handle on his own and that's fine they can fight on their own but that's fine guys but he's saying I don't know he doesn't know the relationship between Sean Butler right and so that we got a quick hey buddy so so yes we need to find out alright so Kimberly yeah he's just running his mouth and not being cooperative and resistant you know what I'm saying so I mean we can't even sort anything out cause he's all over the place now yeah alright so they can at least see the pain of the house yeah yeah yeah say no no now you're lying to us so you're about to go to jail alright where's where's where's the girl again yeah Hailey yeah right here yeah Hailey can we talk to you out here you wanna step out here and talk to her yeah so we're not right here in the business hey Haley who so this third person that was involved in this who is that do we even know who that is no idea you know so they know who it is they told us they came and questioned me about Sean who's Sean that's my ex but we haven't been together for a very long time that's evidently who it is yes yes that's what she's telling me but that has nothing to do with me I got punched I had so yeah no no hang on hang on they say that's who it is yes of course we're gonna find out video it is it yes you can go ahead and find out now you're telling us it's not him I have I don't know who it was I'm telling you from the jump I did not see who came in I was coming out of the kitchen I have no idea I have nothing to do with that see how how suspect that looks yes it does look so I get it I understand but that's has nothing to do with me at the end of the day that's not that has nothing to do with me I got punched I was trying to break up a fight I didn't hit anybody first you can go ahead and look at the cameras oh I understand I understand the whole hitting somebody first but hitting somebody when they're down stuff like that I didn't hit anyone when they were down somebody hit me when I was down yeah so we're just trying to confirm because they're saying that that's where's your butler my phone right here can you unlock it can I see who you've called the last hour yeah I called him who did you call Shawn Brooklyn my dad everybody my niece why did you call Shawn because me and him we have a whole call log every day we talk every day so did you call him when he when they got here no I didn't call him when they got here I promise you I didn't see how how suspect this looks yeah I understand that but I didn't call that I didn't have them at my table just I understand that but you saw them come in no I didn't see them come in I wasn't even here when they got here cause I mean that honestly looks just like highly suspect I get it but I don't have anything highly suspect I get it charge 1 battery under common law battery requires one intentional act 2 harmful or offensive contact 3 without consent security footage confirmed Hayley kicked the female victim while she was seated and no longer combative all three elements are satisfied self defense imminence requirement self defense is an affirmative defense requiring a reasonable belief that force was necessary to prevent imminent harm imminence fails the moment the threat ceases a kick to a seated disengaged individual is legally offensive conduct not defensive applied standard a reasonable person observing a seated non combative individual poses no ongoing threat no jurisdiction recognizes post threat retaliation as a valid exercise of self defense Hailey's claim collapses at this element aggravated battery vulnerable victim most US jurisdictions elevate battery to aggravated battery when the victim belongs to a protected class including pregnant individuals a kick to the chest or face of a pregnant woman may satisfy this aggravating element increasing both charge severity and sentencing exposure charge to solicitation conspiracy solicitation intentional communication to another person with the intent that they commit a specific criminal act conspiracy an agreement between two or more persons to commit a criminal act plus an overt act in furtherance evidence on record manager stated Hayley refused to serve the couple before any fight occurred Hayley placed a documented phone call to Sean Butler during the window the couple was seated Butler arrived and immediately attacked without prior interaction this sequence supports both solicitation and conspiracy elements so you got this thing right here right uh huh she's downloading this the she's downloading it now so they're here he's sitting here um female female sitting here he comes in Bam they go live okay she jumps out they're they're down on the ground okay the waitress immediately comes out joins in that host uh huh he's immediately pulling her part manager comes out being a pull apart the two males scoop this way and bite it this little marquis a little further over I call it a marquis a frame thing whatever little over so it's hard to see there it's actually the host the waitress and the and the uh the manager on the female like trying to pull but now she's over here the female's clearly away from everything the female's like just sitting up which like this female OK is sitting up and like she's like she's done she's just sitting there yeah homeboy homegirl Bam kicked her right in the freaking snout Bam right right in the either chest or face it's kind of hard to tell at this angle because of that ball but she kicked her and she wants to pursue charges OK OK so yeah cause she's like I don't wanna pursue charges against her she's like I think it was just her defending but now that makes sense so she kicked her yeah that's when she chased her that's exactly what took place cause instinct then took over then she got up and went yeah and then they it they continued to fight in there too well according to her they went in there and scrapped some more on the floor in the kitchen well yeah so is your boyfriend acting out of self defense for his girlfriend that's what that's what is he trying to separate them that's what we need to figure out cause yeah that might have taken place that's the bartender might the bartender might be able to help you on that one yeah the bartender might help you out actually the bartender said he separated them in there see the bartender yeah yeah sorry can you just quickly go over what you saw I know you've already told your story a million times well I know I believe the body walking back and then somebody said call the cops I'm like look over there there's two guys in the ground fighting so I come over here try to break them up a customer just left I got him out broke them up and the one guy that you got detained walked over there well i'mma go back so the girl jumps on the guy our server goes there tries to break the girl off and the girl starts fighting the girl and they break up and this is where they are right the girls right here the guys over there okay and then uh the girl walks away okay that one girl that she broke off from goes over jumps like starts trying to fight her so I break up them over here then I go over there but the one guy I broke up the one guy I think goes over there and starts hitting the server are the girls still fighting yes okay so do you think that he went over there to separate them no like to he no he jumped on like he went when I just stuck him OK so yeah OK hold on they they both go so she they got broken up the girl attacked the other girl behind her back the guy went over there well you didn't see what took place here what we saw there yeah there's a reason for that yeah yeah she yeah okay we're gonna need a statement from him that's all yeah grab all his information get a quick little statement from him okay um that's it you can pick somewhere quiet I don't know to go to go get one it only takes it only takes a couple yeah it only takes a couple minutes yeah I got you okay stand up for us please put your hand on your back would I be able to put the rings in that yeah we'll take that all off for you this is what I'm gonna do okay are you willing to give your rings to your manager um if you don't that's fine would I be able to let my dad get him or something probably not your dad no OK no well they'll just do it when you get down to the jail OK OK so you're being arrested right now for battery OK OK like I like I like I explained to you I think you have more involved in this than you actually want to than you actually want to it's fine just tell I mean that right there says it all no no no I was talking to him i'mma I'll go explain I'll go explain I'll explain to you in a second yes that was OK so yeah you're fine this is all yours yeah so listen come with me we're gonna go to that car is this your wife uh huh I know you called Sean I know you know who they were because you told your manager you couldn't wait on I don't know who they are I'm just saying you know how I know that you know how I know that because you told your manager you can't wait on I have two specific I'll come to you in a second I'll let you know just give me a second you said I can't wait on the people cause I know I never said that so and then miraculously Shawn just shows up knows exactly where they are and starts his fight miraculously okay right so and then kicking somebody while they're down no yeah well at that point where we were just fighting all I was seeing was red I didn't know so do you have anything on you that we need to can you send Beatrice out here so I can get her search please no there's nothing on there I know but I still have to do it I want to make sure that everything's good to go that's all it's nothing against you it's just something we have to do okay just stand right here for me so take those necklace off and they'll probably leave it on just till she gets to the jail okay so yeah she's cooperative yeah you're good don't worry about it ain't got Covid right okay case law Graham v Conner 490 U s 3 8 6 1 9 8 9 The Supreme Court established that reasonableness of force must be judged from the perspective of a reasonable person on the scene not with the benefit of hindsight applied here no reasonable person would find a kick to a seated disengaged victim to be necessary force case law defence of others defence of others permits force to protect a third party only if that third party would have been entitled to use force in their own defence at that moment Butler's fight had been broken up before Hayley's kick was delivered the doctrine does not apply probable cause Fourth Amendment a warrantless arrest requires probable cause a fair probability based on articulable facts that a crime was committed deputies cross reference manager statement phone call log bartender testimony and security footage probable cause for battery was established on multiple independent sources the victim's boyfriend was released and the server was charged with battery share your thoughts in the comments below and don't forget to like and subscribe civil liability tort in tort battery requires only the intent to commit the act not the intent to cause injury the civil threshold is lower than the criminal standard both um Hailey and Sean Butler face personal civil liability for all injuries arising from the altercation joint and several liability if conspiracy is substantiated Hayley and Butler may be jointly and severally liable meaning either defendant can be held responsible for the full measure of damages regardless of their individual contribution to the harm lessons Learned law enforcement probable causes evidence based not testimony based alone deputies correctly triangulated multiple sources before executing a warrantless arrest the constitutionally sound approach under the Fourth Amendment lessons Learned civilian conduct defense of others is a powerful but time limited doctrine once a threat ceases the legal window for defensive force closes any force applied after that point is legally indistinguishable from a new independent battery lessons Learned liability exposure calling a third party to confront someone you recognize is not a neutral act if that call forcibly results in violence the caller may bear criminal and civil liability for conduct they did not personally commit case status at time of analysis battery arrest confirmed on camera conspiracy and aggravated battery charges pending civil proceedings unconfirmed Sean Butler not apprehended at time of filming