But he he was right here with the gun, flashing at me. As soon as I opened this door, he like, you walk up off of >> It was the driver's side or what? >> Driver's side. So, he waving it around like this. I said, "This is Wendy's." Like, you want to put your big toe in that like >> On August 9th, 2024, officers in Ohio responded to a Wendy's after employees reported that a customer had threatened them with a handgun. Police detained the driver and recovered a firearm from the vehicle. >> [music] >> The key legal issue is not simply that a gun was found. It is whether the facts gave officers lawful grounds to detain each person, search the vehicle, and connect any occupant to knowing possession of that firearm. >> Change straight up. Let me check. >> Right here, bro. >> This is the car he got out of. >> So, you can get back in my car right now. >> And he drive this car. He got out of the driver's side. >> Come on now. >> All right, thank you. He trying to pull off. He got the gun on him. >> 25, the female's trying to leave. Her Her Don't Put the car in park. Put the car in park. Put it in park. >> It's on. >> Put it in park. Step out. Step out. What's going on? Step out. Just step out. What's going on? >> Okay, but what did I do? >> What's going on? Where's the gun? >> I don't have What are you talking about? >> Is there a gun in the car? >> Stop touching. What? Explain to me what I did. >> behind your back. You're going to be detained while we do this since you want to play these games, okay? >> Detained for what? Man, tell me what's up. None of that. I'm sitting in the driver's seat. >> He put the gun to your face like this without >> Who are you? Don't talk to me, girl. You mad cuz you can't take a order. >> Is there a gun in the car? >> No, I don't know nothing about that. You pulling up on me telling me to stop for what? YOU KNOW NOTHING about me. >> you pull away when I put your dude in the back of my car? >> I What the [ __ ] you even talking >> You looked right at >> Stop touching me. >> No, you're detained. Just calm down. >> You can't pick up on your supposed to >> You just came up on my >> Stop. Stop. Stop right now. You are not in control of this situation. We are. >> Am I moving? >> So stop. >> Did she say I'm pulling over for you? >> She never said anything. >> No, he came He came playing he didn't, but he was. >> Yeah. >> He said he was like this. He had it low like blood of the door. He was like, "If you come to this car, I'm going to shoot you. If you come to this car, I'm going to shoot you." Mind you, we first right here. Soon as I open the door, he telling me this. >> Do you Do you work for Wendy's? >> Yes. Yes. >> So tell Tell him the same story. He's got a body worn camera on. >> We We just got robbed. We don't We don't have any registers. We literally just got robbed. So we're telling him we we we card only. So he placed his order. He like, "Da da da da, y'all rushing or y'all Y'all rushing or rushing? That's why we're busy." So yes, we're like, "Anything else? Anything else? Can we help you?" I wasn't taking the order. It was my friend. So he got up to the window talking about you smart mouth [ __ ] this, that, and the third, da da da da. We like So of course we like, "Who the [ __ ] is you talking to? Like, we don't give a [ __ ] Like, you can go somewhere else." That's exactly what we told him. Our GM came to the window, and he even said Uh he just told him to told him to cash him out, get him out the way. So he pulls up, then he come inside talking about, "I'll beat y'all ass. Call some [ __ ] Where the [ __ ] at? Da da da da." We all looking like, "This is Wendy's. You're mad calling us poor, broke, all that." He comes He like, "Da da da da, I know you, Mariah. I know you." First of all, Mariah is my sister. She look like me, but that's not me. I'm I don't know what beef y'all got. That ain't got [ __ ] to do with me. So I came to the door, and I'm just like, "I'm not Mariah. I don't know what y'all got going." He talking about, "You come up to this car, I'm I'm going to shoot you. I'm going to shoot you." Waving the gun in my face. So I go in and close the door, and I call my sister. I'm like, "Do you know this man? He's literally waving a gun in my face." >> Was he in the parking lot? >> He was right here, right here. Parked right next to the door. >> Did you guys get that on the camera? >> Yeah. My sister screen recorded him. >> Can you guys go pull it up on the camera for us? >> you're going to have to Yeah, we'll have to ask our GM, but my sister's screen recording him. I have him on camera. >> still working? >> Yes, I'm on the clock. >> So so go in and we'll come back in and get your information and talk to you in a second. Can you tell the manager to pull the camera for us? >> Yeah, the girl in the passenger seat, she going to hold the gun up to her face talking about what what you going to do what you going to do like She ghetto. >> Do you have a concealed carry permit? >> A concealed carry? >> No. >> So whose car is that? Because whoever owns that car does. And you told us that was your car. >> Well, it's the Tiffany girl, but it's not mine. >> Okay, so >> I can call them. >> Well, hold on. Listen to me. So here's the deal, right? So if we were to push this issue with the way you were driving off, we could hit you with a felony. >> I didn't drive off. I was pulling in. >> Listen to me, okay? Real quick. Because you're in control of that vehicle, okay? In the driver's seat, you're responsible for everything in that vehicle, to include the gun. >> The pivotal legal moment comes when an officer tells the driver that control of the car makes her responsible for everything inside it, including the gun. Ohio Revised Code Section 2923.16 uses a knowing mental state for firearm conduct in a vehicle. That makes vehicle control relevant evidence, but not automatic criminal possession. The missing question is what facts actually show that she knew the gun was there. The initial detention has a stronger legal basis. Under Terry versus Ohio, officers may briefly detain a person when specific and articulable facts create reasonable suspicion of criminal activity. Here, employees reported a firearm threat and pointed officers toward the vehicle at the scene. Those facts support an investigative stop. They do not, by themselves, establish probable cause against every occupant or prove who displayed the gun. Okay? So, we're going to pull the camera, okay? Where you guys were parked. So, at any point, this is your chance to be completely honest. Did anybody read you your rights? >> No. >> Okay, I'm going to read you your rights very quick. Listen to me, okay? You have the right to remain silent. You understand that? I need a verbal yes or no. >> Mhm. >> I I need Okay. Anything you say can and will be used against you in a court of law. You understand that? >> Mhm. >> I need I need to hear it. >> Yes. >> Okay. You have the right to talk to a lawyer and have him or her present with you while you're being questioned. You understand that? >> Yes. >> If you cannot afford to hire a lawyer, one will be appointed to represent you before any questioning if you wish. You understand that? >> Yes. >> You can decide anytime to exercise these rights and not answer any questions or make any statements. You understand that? >> What am I being arrested for? >> Right now, you're not. You're just being detained, okay? I'm just advising you of your rights so you know what they are, okay? So, it's uh Friday, August 9th at 12:43. Okay? But But here's the thing, okay? So, if when we pull the camera, you're not going to be seen sitting in the car with the gun. >> That has nothing to do with me. >> I I'm just I'm asking, okay? >> I'm telling you that has nothing to do with me. I never got out the vehicle. >> It's a yes or no, ma'am. We're not going to see you sitting in the car holding the gun. >> No. >> Okay. So, who did you borrow this car from? >> It's a rental. >> It's a rental. >> Yes, I just said that. >> Who did you rent it from? >> It's D L A. I don't know. >> D L Auto Sales? Is it Is it rented rented to you? >> rented to me. >> So, it's rented out to you. Okay. >> That's why I said it's mine. >> Okay. So, you have no idea about that gun in that car. >> Who Prior is the owner. >> What's that? >> No, Prior is the owner. >> Okay, so who is he to you? Is he your boyfriend? >> Yeah, my ex. >> Okay. So, how did the gun end up under the back passenger seat? >> I didn't I didn't know it was there. >> Okay, how long have you >> You see, the car is missing a mirror. >> Well, how long have you two been riding around in this car? >> Not too long. I've had the car for but not that long. >> Is he in and out with you? >> Yeah. >> Okay. What did you see happen today? >> Well, they came up tripping. She's on the mic. She's already doing too much. I'm trying to order the food, and she just saying extra stuff for no reason. Then she cuts off the order. She pulls up the window. Yeah, we had a complaint. Never had to be nothing more than a complaint. She's closing the window, saying this and that. All I'm hearing is [ __ ] [ __ ] all in the background. Doing too much. So, we pulled I never got out the car. He dealt with it as a man should. So, they had nothing to do with me. Period. Nothing to do with me. >> Well, the reason you're involved is cuz you're with him. You see what I'm saying? >> fine. Okay, but that has nothing to do with it. She needs to answer that, Floyd. You see what I'm saying? I literally drove the car. That's the only thing I'm guilty of. >> We're just trying to explain to you what's going on here. >> I understand that. I'm trying to explain to you. >> And the thing is, okay? So, we're kind of we're kind of in a spot where if he says the gun isn't his, you're in command and control of the car, you're responsible for everything in the car, you could get a felony. >> It's a what? >> For improper handling in a motor vehicle. >> Improper handling? >> Yeah, cuz you had a loaded gun within reach. >> But then, how is it in reach if it's in the That's how it's supposed to be carried, anyway, right? And then you don't need a CCW to hold it. >> No, you're correct. You don't. But now we're talking about a crime was committed, okay? So, we're talking about an an aggravated menacing was committed with a gun, and we find a gun. >> Yeah. >> Mhm. >> Wendy's. >> Ohio carry law adds another limit to the officer's vehicle firearm explanation. Ohio Revised Code Section 2923.111 generally allows a qualifying adult to carry a concealed handgun without a license, and treats that person like a licensee for many statutory purposes. So, a loaded handgun being accessible in a car is not automatically unlawful. Eligibility, knowledge, and any separate prohibitions still have to be established. Miranda versus Arizona addresses a different issue, custodial interrogation. The transcript shows an officer advising the driver of the right to remain silent and the right to counsel before continuing substantive questions about the firearm. That is a significant procedural safeguard. The transcript, however, cannot establish every detail of the warning, the driver's understanding, or any waiver as clearly as the original body cam audio can. >> How did I menace? >> I didn't Did I say you? >> Get out the officer. >> Did I say you? >> You was >> what's going on. >> Okay. >> Right? And I'm explaining to you what potentially could have happened. >> There was no potential. We were supposed to be getting on. >> Okay. So, why did he get back out of the car and walk in and you were going to drive off? >> she started talking about people. Nobody cared about people. I don't know what she was talking about. >> So, why were you trying to drive off? >> I never drove. You see the car was parked crooked when you pulled in, correct? >> Yeah, but you pulled all the way out here. >> I said, we were just right here. You see it's slanted. You have to pull out here. Literally. >> No, I understand. Why were you pulling off when he was walking back into the Wendy's if you guys are together? >> I wasn't pull We literally just parked it, right? So, I'm crooked. I just pulled from this position to this position, right? >> So, why did But wouldn't you come straight? Why Why'd you curve around to leave? I mean, one would perceive that you were leaving. Okay. >> It just made sense, or at least to me. >> It really doesn't. >> If I'm right here and I'm coming from the drive-thru, right? >> Mhm. Yeah, you'll park there, but that's not what we're talking about cuz you were in that spot when I pulled up. >> I wasn't parked. The car was still on. >> Okay, that's fine. You were in that spot, though. >> But I wasn't fully in the spot, you know? >> And then you pulled all the way out over to here cuz we had to move your car back there. >> Yeah, cuz I seen y'all were pulling in you're doing too much and then I just lit I didn't go nowhere, literally. Did not go and you can't don't do that. >> Don't do what? >> I did not go nowhere. >> Well, you tried to. Hello. >> This is Mariah. This is who he thought I was. >> Okay. Give us a second. I You came out to This is your sister? >> Yeah, he he thought I was her. >> Just hang out here for a minute. We'll we'll get it figured out. >> I'm going to go see if they got the video. >> All right. Is McDonald's anywhere around? Yeah, hang out. >> I'm playing. I I'm not playing. I need a restraining order. Where can I go get one of them at? >> Like some girl with >> I really need one for real. He came up here and thought she was me and pulled a gun out on her and tried to shoot her up here. I told him to ask if I was behind this counter and he really seen me and was about to shoot the [ __ ] out of me. >> Yeah, yeah. >> I don't I'm I don't know who he is. Like I've seen his face before, but like I don't know him. I don't know his name. I don't know why he got beef with my sister. That has nothing to do with me. That's the thing though. He literally told me he literally he brown Yeah, he brown skin, kind of chubby. He got a beard like this. But I'm saying though, like he was literally parked right here up to the curb. Mind you, when I opened this door, I didn't come out here on no [ __ ] I said, "I'm not Mariah. I don't know what's" I'm like, "I'm not Mariah. I swear to God I'm not Mariah." He waving a gun around like, "If you walk up to that, I'mma shoot you." Not even try to listen though. I'm trying to figure out what is wrong. >> Where was he with the gun? Inside the car? Was he inside the restaurant? >> Inside the car with the gun. And then when um when he seen me get on the phone, I was I didn't even call y'all. That's the thing. I was on the phone with her. >> Yeah. >> So, I seen y'all pull in. I'm like, "Dang, somebody else must have called the um police." But it was a lady behind me hearing him say, "I'mma shoot you. I'mma shoot you if you walk up on this car." So, she probably did call. But I never called y'all. She I was on the phone with my sister trying to figure out who he was. >> So what what was he saying to you through the window? >> she had a gun. >> He came through the Yeah, she did. That's not the probably a rental, but no, they came through the drive-thru and they was like, "We be in rush. We be in rush." Da da da da da. Then he was like, "Da da da, you some smart-mouth ass bitches." So then this is when he smart and accurate and fast. So we like, who the Like we wasn't cussing at him. We was like, "Who the [ __ ] are you talking to? Like you can go somewhere else to order." Our GM Our general manager even told him that. Like he came to the store like, "This is your total." I'll pay you when I pay. He pulled off. He pulled up right here to the door. Came inside. "I'll beat y'all ass. Da da da da da." Called some [ __ ] "Fuck y'all. We can wait. We can do this. It's whatever." Da da da da da. Talked about that hard [ __ ] Like the females though, it's all the >> Yeah, real quick. Where where do you think that you were or your sister? >> Uh in there. He came in there. He was like, he he came up to the counter. He was arguing Everybody behind the counter ignoring him. He's still going like, "Da da da, I'll beat y'all ass. I'll beat y'all ass." So now you getting to me cuz you not about to put your hands on me. You're a grown ass man. You see how little I am compared to you? You too big and stuff. So he like, "Da da da, I'm like, who the [ __ ] is you?" He was like, "Da da da, yeah, [ __ ] I know you. You Mariah." I'm like, "I'm not Mariah." He was like, "Yes, you is. [ __ ] you Mariah." Da da da. I'm like, "Mariah's my sister." So like, "What what?" So then my manager told me to go in the back. She He got out the car and walked in the establishment when he seen y'all pull up. And then She She grabbed the gun. She put it up to her face like, "Call who? Call who?" Then I just leave the door closed and I walked back here. Yes, and said, "Call who? Call who?" Like she took off his lap. When I came inside, she seen me on the phone. I took the camera only cuz I was trying to ask my sister if she knew him. >> And she was in the passenger side here. >> She was in the passenger side when she did that. He didn't get out the car and walk inside until he seen whoever pulled up where the police car pulled up first when he seen y'all. He stopped the car right there. Got out, started walking inside. She dropped She hopped in the driver seat and then she tried to pull off. That's why I told y'all like, "No, No, no." She's the one that just had the gun in her hand. >> Yeah, that's right. >> Okay, so what do you want to see done? >> They just She literally just told me she was going to shoot me. He told me he was going to shoot me. So, what can I do, honestly? >> Well, are you willing to go down and sign a warrant? >> Yeah. >> I'll pass this up. No. The problem is we had more people for him. At this point, we don't have If you guys pull the video and we can see it on the video, we can come back at a later time. >> Okay. >> All right. >> So, you're going to file right now to get to get the video so you watch it right now? >> Okay. Can I start this >> All right. Uh you got one out of Coyote Falls so you can check it. >> Listen, I want to press >> She's got a file for him. >> Cool, why can't I file for him? >> Yeah, you Yeah, you can Okay. Listen, then you got to go down and file for him. >> We don't even know his name at all. We don't know nothing. I don't know. >> Yeah, and we'll give you a copy of the incident report number and you'll be able to pull it. >> Like did she see his face, though? >> We're not going to do all that. >> No, we're not Nobody's trying to yell. She literally just wants to see who it is so she can do that. Just don't say nothing. >> That's That's on you, sir. Huh? Okay. Okay. Yeah, sure. Go on in. Okay. You're going to be arrested. Okay? And you're going to go to the county. All right? And you have a warrant out of Coyote Falls. Okay, so either way you weren't going to be No, I'm just letting you know you have a warrant. Either way you weren't going to be able to leave. This Coyote Falls department wants you on the warrant, but because we're sending you to the county, you're you're just going to go to the county and deal with it. Aggravated menacing. With the gun. Okay. It's a misdemeanor of the first degree. And we're taking the gun, okay? But we have to. >> All right, yeah. >> You know what I'm saying? So, I thought with them being released, and then I'm thinking >> When When you got pulled over, uh did they tell you about your warrant in Toledo? >> They never They didn't tell me where it was at. It just said I had a warrant out of Ohio. >> So, you knew you had a warrant in the state of Ohio? Somewhere in the state of Ohio? >> Somewhere. I thought it was just a misdemeanor traffic ticket cuz I don't have a license. >> Okay, but you you knew of it? >> just didn't turn yourself in? You didn't want to turn in? >> no, no, no, no, no, no, >> You might have a weapon down here. You did have a weapon on your person. >> Um >> He knew he had a warrant in there. >> 626 >> Ohio Revised Code Section 2903.21 defines aggravated menacing as knowingly causing another to believe the offender will cause serious physical harm. Ohio law classifies aggravated menacing as an offense of violence. Section 2935.03 allowed warrantless arrest when officers had reasonable grounds and reasonable cause. Witness accounts may support that basis, but final records are missing. Officers strengthen the investigation by separating witnesses and seeking video rather than treating allegations as proven. The concern was the claim that the driver was responsible for everything in the car. Two practical lessons follow. Vehicle control can be evidenced without automatic liability. And a person in custodial questioning may invoke silence or counsel. Disputed vehicle movement may affect safety judgment, but does not itself prove guilt. The footage ends with an arrest announcement, a warrant reference, and an aggravated menacing allegation. The transcript does not establish a conviction, final filed charges, or a court outcome. The legal takeaway is narrower. Witness reports and vehicle control can justify investigation, but criminal responsibility still depends on individualized facts, knowledge, and the statute that applies. That distinction protects both public safety and due process.