do you remember any specific details about your training regarding First Amendment rights no I do not are you saying that you don't remember one word from your training regarding First Amendment rights that is correct are you sure that the First Amendment related training occurred we went over the elements of the Constitution and I believe the first amendment is part of the Constitution but specifically the First Amendment you don't remember correct if n said the draft would you have arrested him directly to me or to who to anyone if they were offended about it yes we are back on the record at 10:42 am. Mr dial regarding the people that complained about the contents of n's signs who were those people uh I do know one of them uh was Janet nickel but I do not know who the other people were how did the complainers complain to you did they talk to you uh one of them did what did they say they said that there was a gentleman holding signs down gave the location that uh had vulgar language on them and they were pive did they tell you why they thought the signs were offensive no did they tell you what the contents of the signs were specifically the words well I only spoke to the one gentleman and he said there was offensive language on the signs and that was the only person that told you they were offended by the signs other than the the calls that we received that dispatch dispatch to his I only I verbally only spoke to the one gentleman why did you slap the signs from n's hands as I explained earlier one it was an officer safety issue because I don't know what the we what the signs are made out of or what they were they could be used as a weapon and secondly were still investigating whether a crime had been committed and he was unwilling to show us what the other two son or what the son says other than what we can see did you believe that Mr nolles had an obligation to give you those signs what do you mean an obligation did you have the right to see those signs well it's part of our investigation did Mr nolles have the right to refuse showing you the signs anybody can refuse anything objection for why did you hit the sign so hard objection form I did not hit the signs hard did you hit the signs hard I don't know objection did you hit them softly same objection I don't know what your definition of hard and soft is and that was five years ago how do you define hard and soft you can use your own definition please in in regards to what the level of force that you appli to the signs objection form I mean I don't know how how I would describe hitting a sign soft or hard why didn't you use less Force when touching the signs I didn't know I used too much force could you have used less Force when touching the signs objection in regards to to what I mean what was the amount of force that I [Music] used you said earlier that you conducted an investigation after you arrived on the scene that day with nolles what were the results of that investigation in regards to what did you find anything during your investigation that caused you to arrest NS that caused anyone to arrest nulls through our investigation we determined that disorderly conduct had been committed how did disorderly conduct get committed due to the verbage that was on the signs and we had received complaints if you received the same complaints and those signs had said something different would NES have been arrested the same complaints and what because the complaint we had was it was vulgar and offensive what I'm asking you is if the complaints were the same but the contents of the signs were different would NES have been arrested objection [Music] form that's speculation because I don't know what what verbage you're referring to what if the sign said blue lives matter how is blue lines that's there's nothing vulgar about blue lines matter there's no there's no profanity in blue lines matter are you saying that if the sign said blue lives matter noes would not have been arrested I'm telling you that based on the complaints that we received that day a guy telling me that he was offended by the profanity and vulgar that was being used in the signs objection nonresponsive if the complaints were the same but the signs said blue lives matter would nolles have been arrested that day objection form there's no vulgar profanity in blue lot in the verb or term the verbage or term blue lives matter do you think anyone that says a bad word publicly should be arrested no why not did someone complaint on them or they just out there just don't want to fit no no complaints I mean that there's several reasons objection for that there's several reasons why we would not arrest someone I mean if nobody finds it offensive then this early conduct is not met so if the language on the signs had not offended someone nolles would have been arrested or would he not have been arrested objection form so you're telling me we didn't receive any calls and nobody complained to us would we have arrested noes that day correct no we wouldn't not have did the signs cause any disturbances in traffic that I do not know did you see anyone react to the signs any bystanders I didn't see any bystanders there that I recall did any of the people complaining say that they were threatened by nlls I don't believe so did n say anything to any bystanders during your encounter with him can you repeat the question did nolles make any verbal statements to any bystanders during your encounter with him during my encounter no did you hear nolles make any verbal statements to anyone other than a police officer during your encounter do not believe so other than disorderly conduct and resisting arrest did you believe that nolles had committed any crimes that day other than disorderly conduct and resisting arrest no I do not believe so how do you believe that Mr nolles resisted arrest uh when we went to touch him uh to place his hands behind his back he fell to the ground and uh rolled around or I don't know what the term is but allowed us to keep from obtaining his hands did he come into contact with you you could out on Sir can you repeat the question did he come into contact with you while he allegedly resisted okay you're gonna have to ask it one more time but seems like there's a a glitch or something did nolles come into contact with you while you alleged that he resisted like physically contact correct don't believe so after nolles hit the ground did he say anything I don't recall did you ask him any questions I do not recall that either did any officer ask him any questions sorry I don't remember have you reviewed the dash cam video of this arrest I have how many times when was the last time that you reviewed it a couple days ago the amount of times I do not recall I think it's a good time for a break could we go off the Record please we are going off the Record at 10:57 a.m. recording in progress back on the record at 11:09 a.m. recording stopped recording in progress sorry Mr di what day did you review the dash cam of this tape or the dash cam of this arrest pardon me they was been the last couple days I don't know the exact date where were you at home was anyone with you no were you able to pay full attention to the tape as you watched it I think so what disorderly conduct do you believe nolles committed that day of his arrest um using profanity at Motors passing by you're referring to the profanity on the signs no uh shortly before my arrival uh he I guess used profanity at motorists uh that had their windows down uh and as I come up Officer Clark to explaining that to him but you didn't see that or hear that that is correct did Clark tell you what that profanity was uh he said he's already heard him using and I don't remember the exact verbage or terms but I've already heard you out here cussing at motorist I believe is how Clark worded it in the videos I'm walking up did he say anything about their reactions I do not recall What specifically did Clark say to you about noll's prior disorderly conduct he was explaining to NOS that as as I'm walking up he's explaining it to him that look I've already heard you out here cussing at people so he was talking to nolles not you that is correct did anyone complain at which point did any motorist complain about the prior alleged profanities that nll said before you arrived well the one gentleman told me about the signs and regarding what the people 9 called in about I'm I do not recall that so every complaint that you received was about the signs is that right right that I'm not aware of I don't know what the people that called or the verbiage used um when dispatch gave us the call if it was about the signs or if it was about language so you can't remember if anyone complained about verbal language and you didn't hear any allegedly profane verbal language from NES at the scene I did not hear it but I heard Clark explaining to nolles that he has already witnessed it or observed it himself do you know anything about any actual allegedly profaned verbal statements that NES made from Officer Clark yes what was the language that Officer Clark told you he used I don't remember exactly what it was what do you remember that Clark told you Clark didn't tell me anything I heard it as I was walking up as you sit here today you cannot give me one allegedly profane verbal statement that nolles made is that correct I know he made them but you're asking me for specifically what he said and I don't know what that is it's on video it's in a report what is on video where Officer Clark is explaining to Winston I've already heard you cussing at motorists or using profanities or vulgarities or I don't know the exact term but Clark is explaining to Winston noes as I'm walking up what has occurred did you ask Clark what he means no I did not so you don't know what profanities nll said verbatim no I do not do you know one word of profanity that n said no I do not other than the words on the signs do you know one word of profanity that n said no I do not and you are not aware of any person that was offended by what n said do you know of any person that was offended by the contents of his signs like personally know him or objection was anybody offended by the contents of those signs uh the gentleman that flagged us down there on Main Street and there were some callers that called in that were either offended by his language or what was on the signs did they say that they were offended specifically that I do not recall did they use the the word offended that I do not recall did they use the word upset that I do not recall do you know any specific words that any person complaining about Winston nolles said no I do not were you offended by what Winston n said no were you offended by the contents of his signs no why did you think they were offensive I didn't think they were offensive so why did you arrest him he was arrested he was arrested because people had either called 911 or flagged us down about a gentleman that had offensive signs and obviously Clark observed him using offensive language while he was there if n said the draft would you have arrested him objection directly to me or to who to anyone if they were offended about it yes so are you saying that if anyone said anything offensive to anyone you would arrest them objection form I I don't think certain terms just because you're offended by them does not constitute that but when you have vulgarities or profanities in there yes I believe it is so you would arrest somebody if a citizen complained about vulgarities objection form so a citizen made the police department or dispatch aware that they had used profanities and Vues and were um offended would I arrest someone that's what I'm asking yes when making such an arrest would you consider the complainers physical reaction to objection for I don't understand what you mean physical reaction how many people would you say you arrest in a year I have no clue you can't tell me an average number of people that you arrest every year that is correct I have absolutely no clue how long have you been a police officer 15 years now 16 years and you have no idea how many people you arrest per year sir I don't I don't keep up with Statistics like that I don't I have no I don't have a clue how many tickets I ride a year have you arrested more than five people in your career I believe that would be an accurate statement have you observed more than 10 arrests in your career I'd probably say I have observed more than 10 arrests in in my career have you observed more than 15 arrests in your career I probably say that's that's an accurate statement how about more than 20 I could probably say that's an accurate statement over 15 years yeah I've observed more than 20 people get arrested have you observed more than 25 um that I don't know have you observed more than 30 arrests in your career I don't know do you remember any specific details about your training regarding First Amendment rights no I do not are you saying that you don't remember one word from your training regarding First Amendment rights objection that is correct are you sure that the First Amendment related training occurred we went over the elements of the Constitution and I believe the first amendment is part of the Constitution but specifically the First Amendment you don't remember correct how long ago was that training 2007 do you remember how long you spent studying constitutional rights no I do not have you had any training related to constitutional rights since you became an officer I do not recall have you had any training at all since you became came an officer yes what topics have you been trained on since you became an officer I don't recall all of them name one accident investigation anything else I'm sure there's others where did you receive the training regarding constitutional rights in 2007 the when I was in the police academy is that what you're referring to I'm referring to the trading that you refer to that you received in 2007 regarding First Amendment rights the Colin count the Colin I think Colin County Colin College Police Academy and who trained you in constitutional rights I could not tell you because you don't remember you're you're asking for the instructor's name no I do not remember the instructor's name you mentioned Colin county is that what is that is that a police department what organization trained you the Colin it's either the Colin College or Colin County Community College Police Academy how many hours sorry please finish no I think they changed names inside the it but how many hours did you spend studying constitutional rights do not recall do you remember anything about the protections provided to Citizens by the First Amendment no I do not are you aware that the first amendment gives citizens what's known as the freedom of speech have you heard of the freedom of speech I Have what do you think that means I mean interpretations are a diam dozen but basically someone can um speak freely does the First Amendment protect a person from being arrested because of what they say objection form cost for legal conclusion do I answer it answer I think at time it may has the police has the police department provided you with any subsequent training on Co on constitutional rights since you've been an active officer I do not recall have you received any trading guidance or instruction regarding First Amendment rights while you've been a police officer objection in in the police academy I know we went over the constitutional rights but anything since then I do not recall have you ever arrested anybody because they said something I do not recall are you saying that in your entire career that you cannot remember one time that you arrested somebody because of a statement they made that is correct have you ever arrested a homeless person do not recall in your entire career are you saying that you cannot remember one time that you arrested a homeless person or witnessed a homeless person's arrest objection form that is correct do you know what the final result of this case was for Mr nolles I do know do you know if he got convicted of a crime I do not okay I think I'm all done