hello officer Reon I sto you you guys are all over the road okay you're driving over the median when I stopped you you ran over the curb I wasn't driving over the curb that's sir I uh got a treaty in with the United States you know what I'm saying what's that uh hey B know p over right here coming off what call that I'm on the phone with hey could you uh call the uh Sheriff Department I need the uh Sheriff Department here why for the duty of the state because you know what I'm saying I got to do me a favor turn your car off yeah can I get the sheriff department on the scene no cuz this is not their jurisdiction is my jurisdiction yeah I know but I want to call the sheriff call 911 bro the sheriff I need Tommy for okay turn the car off cont with the with the state I also smell marijuana in the car yeah I smoke hemp and all that I don't got no contract with the state I I'm not you know what I'm saying I don't want a contract you want to call the supervisor what's in the best interest of Corporation we're not doing that right now you you going to call your supervisor I don't need to right now you e yes I need a supervisor on the Senor Circle I got my family on the phone and all I want to just talk to the sheriff department and that's all I'm trying to talk to Tommy for we down 911 so we can call the get the sheriff's on the scene to make sure this go right according to the con I have a treaty in and this hostility towards a treaty no that's not how it going that's is what it is hey I uh get a shareff online to the scene here is uh 2022 family be advised he's calling 911 where are you I'm right here on the scene with a a black and white police officer and I just want to share here on the scene I have a uh I don't know where you are where are you I'm off of uh Beach Drive I need an address um right now sir can you tell me the address here you're on Beach and Fairland Beach and Fairland can I get a sheriff's here and yeah I just want to get a share on you have your driver's license on you [ __ ] I don't have a a contract with the state to have all right that's fine you know what I'm saying I I don't to identify myself and I just you want to identify yourself I identif this is what I'm telling you I don't mind identifying myself but I'm telling you this is what I'm saying is that I don't have no contract with the state that's fine I only see your driver's license there you go what's that you're you on a traffic stop with a city police officer yeah and I'm asking for a supervisor and he said he's not not going to get one okay and I ask for a sheriff so can I get a sheriff or something to come make sure everything go right according to my constitutional right and that I I have a treaty in with my name is Josiah beum I have a treaty in with United States just say where's your driver's license I'm a traveler sir I don't I don't okay go ahead and step out of the vehicle sir I I don't want to contract and Stu out the vehicle I want to respect my rights ma'am he's trying to get me to contract Stu out the vehicle I want to just get a sub can I I Hey sir step out of the vehicle CU sir I don't want to hey under the rest under the rest I will sir under the rest I will follow your orders you hear me let's go under the get out of the vehicle I do not want to contract under the rest I will follow your orders do you hear me get out under the rest under the rest it under the rest I'm following your order I'm foll the car I pull him out cuz he pretty much was saying that he's not not going to cooperate he's not going to cooperate he's not a driver he's a traveler okay at that point I okay we done I don't know what these are's more weed I would even say that I don't even know you know my my brother you know I work school every day yep I speak with him yep right now he's helping me look all the stuff that's in your car what' you say what's up what did you say he just wants to talk to my sergeant is it real hey hey you need a bag I'm going to need a bunch of bags I don't to see I got it will yeah he's on inmate release for drro huh so well there's a few bags for you this was in his pocket 2022 P sir I want you to commit on I don't want to have a project uh 23 real quick hey are you going to provide a sample of your urine yeah you you know what your right all right so you don't want provide no I'm all right I got to read you something Tre arrest of me without reading nothing for an un arrestable offense hold on I got I got to read statute okay you committing fraud sir and that's going to hit you in your personal capacity uh-huh okay sir so you going to commit this fraud it's cool that's what you want to do I said under rest un cooperating I do not want to contract with you or your cor there is no contracts right now you're under arrest yeah I understand that I see I'm in detained in C I know I'm oh you're you're not just detained you're actually under arrest understand I see and without ever being read my rights or anybody I I don't have any questions for you other than this imply consent for I'm going to read you yeah is is the fact that the matter that you act hostility towards the treaty for no reason okay I am now requesting you submit to a lawful test of your Ur for the purpose of determining the presence of chemical or Controlled Substances will you take the test what are you talking about right now I don't know will you provide a sample of your urine understand what talking about all if you refuse to take the test I request of you your driving privilege will be suspended for a period of 1 year for first refusal or 18 months if you driving privilege has been previously suspended or if you've been previously fined under statute 327 35215 for refusing to submit to a lawful test of your breath urine or blood additionally if you refuse to take the test I requested of you and your driving privilege has been previously suspended or if you have been previously fined under statute 327 3521 five for a refusal to submit to lawful test of your breath urine or blood you'll be committing a misdemeanor in addition to any other penalties which can be imposed by law refusal to submit to the test I requested is admissible in evidence in any criminal proceeding do you understand what I just read to you you are committing fraud sir okay do you still refuse to take the test I'm under assumption you are committ can I get your name sir it's going to be on the paperwork but why won't you tell me so I can just get it because you have nothing to write my name on but I mean I will your all right okay Officer Zer iate contract with I know what's going on I you told me you had a treaty with all right we're War we're going to we're going to move you to another car and then I'll let you talk to your wife real quick through the window okay yes sir all right slide on out for us we're just going to make sure you ain't got nothing else on you all right you don't have any on you we that we had don't know about right anything's going Hur us any drugs or any Contraband or anything like that oh man man I got off of God Green Earth man that's it okay everything I got love in my heart man I don't commit crimes okay same thing y'all do I'm about protecting and serving all the people from the criminals of the world got that's it but these insurance policies these fraudulent false insurance policies and officers snatching people out of their car violating their rights who ain't committed no crimes or injured or t hurt nobody or nothing I ain't did nothing to nobody under God you know what I mean I know what's going on there ain't no criminal man yes sir that's all under the rest in the cooporation sir good yes sir I was trying to trick on my so are you transporting him then yeah I'm taking okay all right he had all all the drugs all the Dr yeah let me roll down my window go get out here we're on the record State of Florida versus jiah beum case number 23 CF 4175 Mr beum is present addressed in his uh jail closed assistant State Attorney Frank s is present we're set for a trial today Mr sever you're ready your first no November 11th 2023 this defendant Josiah beum was found by Officer Richard zip in the Panama City Police Department to be in possession of a trafficking amount of methampetamine as well as the quantity of cocaine you're going to hear from officer Richard zip today he's going to tell you that on November 11th 2023 the defendant was driving along Beach Drive not far from here when the officer conducted a traffic stop on the vehicle that the defendant was driving he made contact with the defendant and during the course of this traffic stop ultimately ended up searching the car when he searched the car he also searched Mr beam's person and he's going to tell you what he found he's going to tell you that in the back seat just behind the driver's seat Within Reach of the driver was Mr beum he found a couple containers in one container there were several white powdery substances in baggies in another container there was another similar powder in baggies and there were these pill like substances that were ultimately sent to the FL Department of Law Enforcement and determined to be methamphet what you're going to hear is that the one substance in one of those containers was sent to the Florida Department of Law Enforcement tested positive for cocaine and you're going to hear from the analyst today his name is Sam catalani he's going to tell you about that he's going to tell you that not only did he find that these substances were methamphetamine and cocaine but the methamphetamine in this case actually weighed 15 grams which is above the threshold for trafficking that we talked about on Monday which is 14 G you're also going to hear uh from officer Richard Z that the one container that held the multiple baggies of the white powder that was found with the cocaine and the metamphetamine the officer when he searched Mr be's person in his front right pocket he found the exact same bague the exact same powder in that as well Mr beum told you Monday during jury selection when we talk about possession that there's a knowledge element and he's correct there is in this particular case the evidence that you will have that Mr beum had knowledge of the substances in the back seat is because he had that exact same thing in his pocket as well and you're going to hear that from officers in this is not going to take all day this is not a complex case it's pretty simple those are the two witnesses I expect you can hear from today and then after you hear all the evidence the judge will give you the law he'll read you the instructions and tell you what I have to prove Beyond A Reasonable Doubt for you to find the defendant guilty after you've heard all the evidence in this case there won't be any reasonable doubt that the defendant's guilty these charges at that time I'm going to come back before you I'm going to ask you to find the defended guilty is charged thank you excuse ladies and gentlemen I wasn't able to make bail couldn't afford it uh ladies and gentlemen of the jury today you mely heard the related allegations from the prosecutor and as he said it's not my duty to prove my innocence but State's duty to prove my guilt Beyond A Reasonable Doubt by meeting every element of the case and the elements of this case like you said is to have the knowledge and the Dominion and control over the drugs you'll hear allegations also as well from the police office as y'all heard y speak today we're in the age of technology and it's plenty of Technology exist such as body warn cameras that the police have that the police actually had on and the body warn cameras along with the actual evidence that was presented does not prove me guilty of anything that actually proed my innocent um the officer in this case as the state already knows and admitted did commit false statements and um well yeah the officer in this case is going to make allegations that can't be proved Beyond Reasonable Doubt and um a camera would easily prove anything to anybody and show what happened but as far as the allegation as well as a charging document and submitted evidence would actually prove the um allegations better and so uh today you're going to see evidence probably presented from the state and the witnesses will come in to testify and uh I want to give you I let you guys see a copy of or hear the testimony of the uh State and know the witnesses but um actual documented evidence that was documented into evidence you'll see I actually had no drugs on me as well as the video footage there was no drugs on me so the officer you know made that statement but um out of multiple officers that want the see but only one coming so that'll be all for the day right now and I thank you guys for coming over here today Z I do have SE speaking to the microphone and Mr s you may inquire whenever you're ready thank you morning sir morning you please introduce yourself to the jury uh officer Richard Z Pan City PD how long have you worked for the pan City Police Department two years and where did you work previously to that uh Garfield County Sheriff's Office in Colorado and El Paso County Sheriff's Office in Colorado how long were you a law enforcement officer in Colorado uh it was all law enforcement from 2013 to 2022 in Colorado I want to take you to um well before we get that what what are your general duties with anity what do you do I Patrol the city uh respond calls for service uh I'm drive around be proactive prevent crimes deter crimes um make arrest interact with the citizens of Panama City supp your job duties do you routinely do traffic stops and things of that nature I do we'll take you to November 11th of 2023 did you conduct a traffic stop on that date I did where was that traffic stop where was that located at it was going to ended up on Farland Avenue and West Beach Drive and um what was the basis for conducting that traffic stop when I turned on to West Beach Drive from baloa I witnessed a vehicle in front of me that was was having a hard time maintaining its Lane um eventually the vehicle started drifting over the uh traffic control device which is the center median solid lines so at that point I activated my overhead blue lights to initiate the traffic stop on the vehicle with the vehicle coming to a stop on West Beach Drive in Farland Avenue while it was um sorry when it came of stop it actually drove over the curb meeting traffic control you're talking about the yellow lines yes um ultimately when you conducted the traffic stop you made contact with the driver I did were you able to determine who the driver was it was Mr jiah beum do you see that person in the courtroom today I do identify him uh he's to my right the record reflect he said the witness has identified the defendant record reflect uh when you make contact with Mr beum did you do your standard uh license registration all that kind of stuff I introduced myself as officer z p CPD uh told him the nature for to stop which because he was having a hard time maintaining his Lane and immediately told him as well that I detected the odor of marijuana coming from within the vehicle um ultimately as a a result of this traffic St did you end up searching the vehicle I did because I developed problem cause to search it after I had plain smell with marijuana did you also ultimately end up searching Mr Beach's person himself I did want to talk a little bit about um what you found those photographs accurately depict what you found when you searched the vehicle and Mr person yes were you wearing a body camera when all of this happened it was and was your body camera on at some point in time yes at some point in time did your body camera get turned off it did when I pulled him out of the vehicle his elbow hit my body Cam and deactivated it when you pulled him out of the vehicle you pulled him out of the vehicle attempted to put him in handcuffs in can correct yes was Mr beon Cooperative in um in that process I guess no did he struggle a little bit yes and during that struggle is that when your body camera got turned off yes um at some point in time did you realize your body camera was on or it was off and turn it back on yes the moment I realized it was off I immediately turned it back on and informed my supervisor that body cam got turned off and by the time that you had realized it and turned it back on had you already begun searching yes had you already found the items that we've already talked about yes so your body camera footage doesn't actually capture you searching the vehicle or searching Mr be unfortunately no um you know I've got no fur questions at this time made the traffic stop and when we made this traffic stop approach the vehicle how many occupants was in the vle it was you and Mr Wheeler two OCC yes did I challenge you in any manner or ask for any like challenge the reason why you stopped you challenged me as far as why I stopped you my authority to stop you and you immediately wanted me to have Bay County Sheriff's Office arrive on scene because you did not want to speak with me you also stated that I was violating the treaty between you and the State of Florida several times so I asked you to call the sheriff's right yes and then after you said this not the sheriff's jurisdiction then I also asked you to call your supervisor yes sir okay and U calling back up is a safe concern for you know multiple individuals and it's easier for more officers to take and see more people right right all right at a preliminary hearing you testified as well honor proper impeachment sustain I'm talking about I have to rephrase your question at the point when you remov me from the vehicle Did You Have Eyes on pass I lost eyes on him because I had to focus on you and my officer safety regard involved me having to safely remove you from the vehicle the drugs were allegedly found in what type of clear plastic baggie that was located in back pack behind your seat a brown bag no they were in a clear each of them were wrapped in clear plastic baggies in a backpack behind behind the driver's seat proper impeachment have rephrase your question okay did you ever testify that they wearing a brown bag or running in your narrative that they were in a brown bag they stated they were in a bag and all the collected items were seized and documented in the evidence right yes and the evidence that you uh submitted what all was found in that brown bag would you relate that to the court there was the two items in front of me and then there was bags individually wrapped that contained a green leafy substance that had the odor distinct odor of marijuana and there was in individually WRA as well was that all that was found there these items and the white pattery substance as well there's also the oxy now of all the evidence you guys collected said your body camera wasn't on when you found any of it no because your elbow hit me on my body cam DFA my body cam so when I ini shade the stop imately my body cam turned on when Mr be refused to come out of the car I had to remove him from the car and because he was not Cooperative with me I swung him around the car to put him against it to control him his elbow left elbow went into my body cam button re activating my body cam okay you said my car was that actually my car it your girlfriend's car it was a girl car your girlfriend she showed up on scene told us that she was your girlfriend you even told us on scene that it was your girlfriend okay make sure it wasn't my actual car that's oh I haven't answer the question let's move on and you said you lost sight of the passenger and um you didn't get these items analyzed for any fingerprints to prove that they were actually M no so a field test kit prove what the drug is and you said you feel tested the pills here as well what do they field test come back as I don't need field test the pills the pills had identifying uh or numbers on them the oxyc no uh not those of color for ones that's in the exhibit oh these ones the exhibit number three yes so those tested positive for fentanyl but the lab came back as meth so the field test is not always accurate right not always but these items did come back from FDLE okay exactly and so that's why I don't think it's proper police work grou mix the drugs that's called Co now if you want to change our policies you can come to planc Police Department you just answer the question that are given an narrative it's our policy it's the policy to mix the drugs on the that's an answer St move on yes sir all right ladies and gentlemen as I told you earlier this morning in a few moments the judge will give you the law that will apply to the evidence that you've heard um I also told you this wasn't a complex case it's pretty simple things may have gotten a little confusing earlier I'm going to attempt to try to clarify some of that for you real quick um but like I told you I have to prove three things Beyond reasonable out count one the first thing I have to prove is that the defendant knowing they possess the substance second thing I have to prove is that that substance was methamphetamine and the third thing I have to prove is that methamphetamine weighed more than 14 gr the really issue in this case is that first thing whether the defendant possess the substance I don't think that there's any dispute that these items are metamphetamine and that it weighs 15 grams more than 14 you heard that testimony from the FD analyst Sam catalani and I don't think Mr bein's even disputing that part um the question in this case is whether he knowly possessed this item I'm going to come back to that in a second count two I have to Pro two things Beyond a reasonable doubt that the defendant knly possess a substance that's this substance here and that this the second item that I have to prove is that this substance was cocaine again you heard that testimony from Sam catalani this is in fact cocaine and I don't think Mr beam's even disputing that that's not the issue the issue like count one is whether Mr beum possessed this substance so I want to talk about um that issue because that's that's really what we're here for today did Mr beum possess these two items you heard the testimony that these two items were found uh located in a backpack in the back seat Within Reach of Mr vum being the driver um they were also located and the reason I have it up on the screen it may be easier but I'm going to try to point here so in States 1 a uh this item up here at the top that is uh the methamphetamine in this case and that is also the same item that is depicted in 1 C this is how it was found it's just a closeup view so you can better see how it was found this container here on the left uh of the photograph that is where the cocaine in this case was located that was found in that same location as the methampetamine now there's some talk about comingling drugs mixing it together and where it was found and all that this item States exhibit four you heard the testimony this was not tested by FD so the officer testified that he did a field test and it field tested positive for cocaine at the end of the day maybe it's cocaine maybe it's not Mr beum is not charged for this substance for whatever it is but this substance is important because it directly links Mr beum to these items and it directly links Mr beum to these Mr beum to these items that he is charged with ob it directly links Mr beum two these items because you heard the testimony and you can see the powder it's it's all the same powder and the fact that it was actually mixed together is a good thing because if if it was different you would see the difference and if you compare the color it's different than the other items but this white powder came from this container that was located with these items that Mr be's charged with as well as the bag that was found in M Mr be's pocket and that's important because as you heard the testimony from officer Z he had the same exact thing in his pocket that was located with these other items you heard some testimony about oxycodone marijuana fentanyl things like that um you heard the testimony and sa I showed some exhibits to officers in there were some other items that were found found along with these but those items again were not sent to F they were not tested so Mr be is not charged with those items we talked a little bit Monday about some rules and you know when I talk about objections there's rules we have to follow typically I'm not allowed to present items of evidence that Mr be is not charged with the oxy coda in this case so when I had Mr Officer zip on the stand and we were talking about what was found originally he wasn't hiding anything he wasn't hiding the fact that there were these pills found as well I'm not allowed to present that to Mr beum decided he wanted to talk about it and at that point now we can talk about it and that's why I got back up on redirect and we able to present it to him I only bring that up because Mr Officer zip wasn't hiding anything he wasn't being evasive um it's just the rules didn't allow me to do it until Mr beum talked about it himself um I say that all to say is he again Mr be's not charged with that don't take that into consideration um what he's here for today simply these two items methamphetamine and the cocaine and the importance of this other exhibit is because it directly ties Mr be not only because he's in direct physical control the ability to reach around in control those items but because he he actually had some of those items on his person um knowledge of an item the judge will tell you that the state has to prove that the defendant knowingly possessed these items there's no way for me to to prove the knowledge that's in his mind it's impossible you have to infer knowledge and you infer knowledge based on the other circumstances in the case and in this particular case you can infer that def the defendant knowingly possessed the items in the back of the car because he had arance to respond you can infer that he possessed the items in the back of the car because he had had one of those items in his actual pocket I submit to you that this case is not complex I have proven the charges Beyond A Reasonable Doubt in a moment when the judge reads you those instructions you you'll see that and I ask you to find the defended guilty as charge thank you sorry ladies and gentlemen if you weren't able to hear me quite clear um State don't you believe that I possess the two drugs that WR um you heard from the officer I was in charge I mean with those it wasn't on me the one allege was on me say it was in a bag he he wasn't able to show you the bag to show you that it actually was the same bag and like we said today we're in a day of Technology the day and age of Technology it was a camera existant somehow miraculously cut it off on top of cutting this camera off the items were in like y'all seen a container and he said a brown paper bag it's easy to fingerprint those items I was in the car with another occup and in a jointly occupied vehicle you cannot infer H the wall well I was in the car with another occupant as well as you heard the officer say himself and he said he lost sight of the other occupant when he was taking me out of the car and we somehow lost all the footage of any items being found and no items was scientifically tested to prove my you know knowledge of these items prove that I had any ability or ever even came in contact with the items they were in a a brown paper bag something that can easily be tested for prints and he also said uh you saw the containers and so I'm never I can't dispute the waight or any of that because I didn't even know if those items existed and that's what I was trying to prove to you guys today and the other items that supposedly ties me to the drugs allegedly found in my pocket like we say it wasn't video captur because I turned the camera off that was a discrepancy of saying that he allegedly found something and put it with some other stuff to say that I had a bag or known of another bag but I'm not even charged with it so I had a drug on me that connects the other drugs but I'm not charging that drug I'm just charging two of The Other Drugs B if that makes sense that's what they the state is trying to get you to believe or whatever was allegedly found whether it was a drug or not if that makes sense so I'm not even getting the sense of how the state is trying to elaborate this but I know that it was a way to prove Beyond a reasonable doubt that I had knowledge or was able to access domain and control over something that was you know like they're saying it was in my reach but it was in the car with another passenger was in the car with me and therefore I'm asking you guys to finally innocent of this case because I there was no prints or anything that connect me to those drugs thank you for your time talk a little bit Monday about possession whether can be joint um yes there was another person in this call you know he'll have his day in court another jury will determine his fate um you know just because there's two people doesn't mean multiple people didn't control these control didn't possess these control substances simultaneously um Mr be said there's no scientific testing done that's not sure you heard the testimony from Sam catalani that's scientific testing um he told you that scientific analysis told you that or confirms that this is cocaine and this is methamphetamine same white powder same packaging both with the Controlled Substances and in Mr batum's pocket and that's that's the key to this case simple as that you know this isn't this isn't a case where it's in a different packaging it's in a different container it's a different substance it's the exact same thing it's the same white powder and it's packaged the exact same way as the stuff that's in the back in the the backpack in the back of the car um as far as the body camera goes you heard testimony as to why there's no footage or this Mr be was the one who was not cooperating he was struggling with the officer and Mr be was the one who accidentally turned officer Z's body camera off during that struggle it's as simple as that it's not any big conspiracy that Mr be wants you to believe um it's as simple as that ladies and gentlemen and I ask you to find an defend of guilty thank you a little while later all everyone can have a seat jur can have a seat my understanding that the uh jur reach the ver is that correct who's the four person I am pel for all right Mr be you'll rise mam if you'll publish the verdict in the Circuit Court 14 jici circuit State of Florida in County State of Florida versus Josiah Maris case number 23 CF 4175 read the jury F at to the dependent Jah marus as follows count one the defendant is not guilty count two the defendant is not June person nichas does anyone wish to have the jury P all right SE