[Music] and welcome to facts or [Music] frauds Court does call The Case of the people versus Daniel F aica people St your name sir all right Mr M with every proceeding I do have to advise you that you are before the court on a charge of resisting and obstructing a police officer as we have been through it before I'm not going to ask you to acknowledge any of this I think that you understand what I am indicating that is a felony punish will by up to two years incarceration $2,000 fine plus court cost it would arise you you have elected to represent yourself in this matter there are indeed perils with representing yourself um you I will also advise you that you held to the same standards as anyone else conducting a proceeding before this court whether it be with regard to evidence The Rules of Evidence the rules of procedure and the like court is not to is not going to show you any favoritism I'm not going to treat you better or worse than either side if as indicating you've elected to represent yourself if at any time you wish to be represented by an attorney could not afford to hire one you have to inform the court of that the court will assure that you will have counsel all right are the PE yes sir uh just your honor for the record um I I'm here just I'm not here on a general appearance I'm here as making a special appearance I do not uh nor have I ever consented to the personal jurisdiction matter of the court I'm here to specifically cross-examine my accusers with that being said well let me just R do this question this court has jurisdiction over you as a person I also have jurisdiction over the subject matter of these proceedings so while you may disagree I think your position is legally insufficient I just wanted to know your position is legally insufficient and irrelevant to anything that we have to do right now am I clear thank you are the people ready to proceed we are your honor you may call your first witness thank your honor that wave opening and I will call offic I wave opening um with what consent what my consent was that I just ask some clarification you're not required to give an opening at preliminary examination but if you'd like to miss ly I do not choose to give an opening all right very good thank you all right me call your first wit Darnell Tyson sir please come forward to be your honor um Michigan rule of evidence 615 um I do have to I am at my request to ask the other officers that will be given testimony against me um I ask they uh they leave the room um are you making a motion to sequester yes any responsing to people I are all right witnesses that will testify are hereby ordered sequestered thank you I wasn't clear on what rule that was wasn't but I got what he wastim truth St SP your first and last name Dar Tyson d r l thank you you may inquire thank you good afternoon sir how are you employed uh with B police department and how long have you been employed in that position uh since April of 20 well been on the road since April of last year April of 24 in what capacity are you employed by the absen police department a police officer were you working on October 11th 2024 yes ma' what shift were you on that day sh what is nights uh 6 p.m. to 6 a.m 6 p.m. to 6 a.m. and what were you wearing that day uh my uniform were you displaying your badge of office were you operating a patrol car or a passenger in a patrol car yes ma'am did you happen to come into contact with anybody who's currently in the court room on that date yes ma'am who was that and can you tell me where he's sitting and something that he's wearing please your honor May the record deflect identify the defendant that objection record shall so reflect where did you come into contact with him right is that in the city of eps salani County of Wasa state of Michigan and when got to that location do you recall about what time it was nighttime or daytime it was early morning early morning when you got to that location what did You observe uh we were uh it was two it was two people by a car one was sitting by the front a passenger tire and one was standing to his left over him well either one of those people the defendant yes who was the where was the defendant he was the person standing up next to the person that was sitting on the ground who else was there when you were on scene uh myself um officer SM Sergeant G and officer Chief I'm sorry and there was his friend I don't remember his friend's name the person that was sitting by the passenger side of the tire was Mr mcu's friend yes that's when you say his friend that's who you're referring to yes what happened when you got up to the area where Mr MCU and his friend were located uh we observed the TR sitting on the ground we saw a case of open uh I think it was Cel Waters and Fireball on the ground uh we walked over we're we dispatched to thata for a fight uh the description we got of the people involved in the fight did not fit them but when we saw the gentleman sitting on the ground kind of slumped over we just Ste over because we were just trying to see if you all right so you said Fireball is that um um something is that a brand name of something alcohol alcohol what happened next um we were just trying to get a clear understanding of what was going on like I said we witnessed the guy who was sitting on the ground kind of slumped over so I presume that he might have been under the influence of alcohol see that we had the filthy Waters and the fireball there but we was just trying to see if he need any medical assistance what did be fair to say that Sergeant Gibbs took the lead a little bit When approaching after he uh after sergeant Gibbs approached the two men what happened next uh Sergeant Gibs G Mr a couple directors he asked him to step away uh I I believe he asked him at least two or three times to to just leave uh so which Mr did not uh at that point we uh we again he did not that but we went hands on uh for obstructing our ability to investigate what was going on with B J fting on the ground what happened after you went hands on uh we took M kind around to where the car was we put handcuffs on them we walked them over to s's Patrol vehicle uh at that point as we were going to put it in the v we have to search anybody that you know we uh before we can put him into the vehicle so we're doing our well I wasn't doing a search officer Smith was I was just there to uh keep control of Mr at that point when in what way were you there to keep control of him what were you doing I was holding by where were you standing relative to where he was standing uh at first officer Smith was searching him to the right I was to the left with Mr M uh after he finished searching him to the right we switch with FES I was to the right so Mr MCU is currently facing a vehicle and you're standing behind find him to his right or to his left depending on what side of him is being searched what happened while officer Smith was searching the defendant uh Mr M made a couple other statements I don't really know don't remember what those were I do remember he made a statement about dashing or standing which is uh kind of like implicating he might run at that point uh I put my arm through here and kind of held him up against the car why did you do that mention why would putting his arm up and holding him against the car why would you do that if somebody mentioned they might run to keep him what to keep control to keep control okay what happened next uh at that point officer Smith was uh searching the left side of him he asked about uh were you guys looking for a lottery ticket he said I didn't have any Fe in my pocket at that point Mr he kind of flinched a little bit one time so I put my arm up a little bit more just to get a little bit more control than that at that point he kicked up with his right leg and caught me in the area he his leg hit you in the groin area while you were standing behind him and were you wearing a body warn camera on this night have you had a chance to review a copy of the recording from your body warn camera today was it a fair and accurate depiction of the original recording and of what happened that night yeah I moved to admit people's exhibit one Darnell Tyson's body worn camera that has previously been disclosed to disclosed to defendant in Discovery I'm going to be playing any objection to it admission I object to the we don't need to play the video I would whether we need to play what is your objection my objection is I would like to finish he in the testimony before we play the series of events that Mr Tyson has already had time to review himself would the court like a resp objection is overruled you may go ahead thank you your honor um and is the exhibit admitted yes the exhibit's admitted thank you and with the Court's permission I'd like to play from the beginning of the video to about the 4 minute and 10 second Mark all right that's right what is the relevance why are we planning what do you mean what's your objection you're saying that what's contained on the video isn't relevant hold on can you sorry I'm sorry just it's just started what is the relevance for officer Tyson's testimony of this video what are we what he has to laid the foundation regarding the video which saved up I've admitted it if your objection is as to relevance clearly what occurred that day is absolutely relevant Central to its issue in this case so your objection to relevance is overruled landie you may proceed thank you honor pleas you I'm telling you here do you understand walk away walk away [Music] got walk away walk away you walk away that's all right you can't do this you understand [Applause] get put in the back one more time me yes or no somebody s have an iPhone what you looking for I'm you I'm not looking for nothing yes you are officer Tyson at any time did you give the defendant permission to um assault you did you at any time give the defendant permission to kick his leg back into your pro objection I didn't see any physical harm I heard I heard the testimony what was that what's your objection I object I I we watched the video in your you're trying to lay that there's evidence of har I've seen no harm we watched it and not once was what is your objection huh perjury that's my objection perjury seriously yeah over overruled go ahead you're trying to confirm that happened based off the video and no no Mr MC here's how it works you don't address the prosecutor at all you address the court I thought she was the tration on you're the tri fact I don't know what you're talking about what I have just instructed you is you will not address the prosecutor directly have I is there anything unclear about what I just said yeah fundamentally I thought that you're the tri the fact is there anything unclear with what I have just said I try I'll try is there anything unclear about what I have just said I'm going to give you one more shot to answer them I need an answer Mr tell me I'm not thank you Mr we're not to address the prosecutor to address the prosecutor M you can ask the court PRI to you're addressing because I'm not going to have your behavior toward anybody in this courtroom understood I understand thank you m l anything further pass the witness cross examination hey good afternoon sir can you say your name and badge number for the record please just for my end thank you what was your assignment on October 11th um approximately 250 in the morning we dispatched like I said to Mig okay and um at that time when you showed up to the um where did you it was a parking lot uh public parking lot okay um at that time did you ID anybody that was um suspect to the dispatch that you were called to at no active fights do you remember the dispatch record how they describ the the people um well was I in interference of any um medical emergency was I in um what what what was your reason for contact with me we got there we saw gentleman sitting on the ground we saw alcoholic beverages that were open and he was slumped over okay so um alcohol somebody's uh a gentleman slumped over and then me yes sir so what was your um reason to engage with [Music] me okay just to sure that sitting on the ground it's okay okay so it was um just a courtesy just a courtesy stop J pass and answer sustained and your would you say it was a courtesy objection asked and answered sustained what is the objection asked and answered asked and answered um would did you suspect uh the gentleman on the ground uh that was laying slouched over did you sus suspect him of any crime no sir did you suspect me of any crime um in that um in that video you heard um officer giv um Sergeant Sergeant gives I'm sorry um you heard him um clarify that this was something different yes sir okay um was was it my legal obligation to leave objection calls for the ultimate conclusions to the question stained ultimate conclusion can you cite any legal Authority that would permit a public citizen to leave a public place objection has to form the question sustained as to what what was it the form of your question form of your question the form of your question is improper okay um under what law or ordin ordinance was I required to leave same objection as to the ultimate conclusion I'm trying to understand why the probable cause your honor um as to why I was arrested I I there's still no Clarity there's and that's what I'm trying to get at here today I'm not through that question so I'll sustain the objection you can give it another shot can you Define probable cause objection relevance sustained honor the officer is infield officer they they have to be able to understand what probable cause here in what context are you talking probable cause your honor I was the question is large and vague to Define probable cause as an arresting officer is it probable cause to arrest probable cause in terms of this proceeding in what context do you wishing try to yeah probable cause to arrest me that night or any reasonable articulated suspicion may you may it's actually to different things the defendant was originally asking about probable cause to arrest and then he revised it and said he's asking specifically about probable cause to arrest him which is not the question he asked so my objection as it will continue I'll sustain the objection I'll allow him to attempt to rephrase honor I'm trying my hardest to word this properly so so please um in efforts to get clarity here I'm trying to I'm trying to figure out under what Authority is there when you when you knew that I wasn't a suspect to any crime authority to do what to arrest me all right so maybe we can get past this yeah I'm trying to an officer can arrest for a crime they believe or suspect was committed in their presence that would be one basis based upon what I saw in the video there would be a basis for that arrest if that helps you at all um so you can go on to your next question okay did I physically interfere with you at all yes at what what point ask you to walk away we didn't ask you to leave ask you to walk away you asked me to walk away um how how far would have been a safe distance speculation yes disdained if I W five feet away would that have satisfied your order yes or no that would have satisfied your order Okay so until until the time that I was arrested what duties did I physically prevent you from doing were to figure out what was going on with your friend and because you were in like we walked up we weren't there we were there for the gentleman sitting on the ground appear to be intoxicated based on the circumstan we saw open open alcohol and the fireball which is alcohol on the ground to the TCH his feet so you're Duty was to safeguard my friend no at that time we were just trying see if you need any medical attention are you a medical expert I'm not did I consent to your arrest objection speculation sustained speculation um when you began when Sergeant Smith began searching me did I show you any signs of um hesitation or did I feel like I was threaten did I show you any signs objection as to the speculation of what the defendant thought this this witness can't answer what the defendant thought the rest of the questions did I do I'll overrule the objection answer it if you can okay did did I do anything to make you feel like you were threatened after the arrest when so there was two vehicles correct let me let me rephrase it sorry there's two vehicles right the first vehicle is the one that my gent the gentleman slouched over correct sir okay you guys detain me up against that vehicle right is that correct being detained Andre we were just moving you out of the way you were moving me out of the way with handcuffs handcuffs what was the point of moving me out of the way okay so at which point in time did you decide that the handcuffs we have to okay was I under arrest at this time just detain okay um during this time did you guys guys asked um for any permission to search me ask permission to search me uh do you know under what grounds that is yes is that that Absolut what the what he just described is the law um your honor he has M Mr M when an officer is detaining somebody they have the right to do a pat down search for any Contraband or weapons or anything that might harm the officer or anyone around that if the arrest unw that is the ented to any of it it doesn't matter doesn't matter and we still don't have a crime that I done it doesn't matter we're still trying to figure out a it doesn't matter it doesn't matter what was the probable cause to arrest me on October 11 OB is to timeline I want to make sure it's very specific what time I'll allow I'll sustain that objection because I think it's vague I you can re raise the question so you can be more specific under which action made it deemed necessary to arrest me you weren't under arrest at that time you just being detained if you were to think about the night the whole night what exact moment defined what I did that was unlawful s asked you to step away at that point you were our our ability to investigate what's going on and you didn't suspect him of a crime no that wasn't so what duties were you under at that time be like all his duties your friend appeared to be drunk is being drunk illegal did you charge him with a crime objection relevant sustained trying to find a sustained I don't need your response after my rulle next question you mentioned there was alcohol on the scene yes um my friend was dispatched for high in tox we weren't disat I'm sorry um when they hon Valley ambulance was dispatched to this to the parking lot where they they were dispatched for highend talks yes for my friend yes um second I will um you're honor with along with the same body cam um of Officer Tyson here um I also have another um at which point did I strike you um can I it was what within seconds of us putting you in a trou okay and I was put in the back of the control Patrol vehicle under uh for what reason let me let me get this straight so you were you first said that you were putting me in the back of the patrol car which is why when the assault happened but then you just said that I'm getting placed in the back of the vehicle because of the assault object is to um this characterizes the statements and evidence it does it's also a compound question so looking for clarity I don't care what you're looking for you got to ask the questions right her her objection is sustain go play play this video back um yes that's okay do you have a what was that that what yeah I think that's I have an adapter yet don't know you can give it to him see it is at this moment in time your sergeant Smith is searching me objection that person's title is not Sergeant this isn't Sergeant Smith no it's not who's this offic officer Smith I'm sorry okay Officer Smith here is searching me at this point in time is is it your mission is it your goal to put put me in the back of the patrol car yes you're being detained I'm being detained in your patrol car [Music] okay let's get back for [Music] I yeah I can't even um here let me try here the other way um there it is I got you sorry guys at this time have I assaulted you the the injury where where were you hit I was kicked in the gr you were kicked in the growing yes um at was this when I was held up against the vehicle or would wouldn't is that when yeah so when you were forced me up against the vehicle like this yes you were okay did you hear that just now did did you ever hear me say that I know I wasn't going anywhere that's irr I'm just asking if you heard it did you hear that I did okay um there was something else I mentioned a lottery ticket was did you guys find a lottery ticket on me or anything no did you find anything illegal on me so have I picked you at this time I okay but this time your body cam still on I was just told that I'm under arrest did you hear that okay but it wasn't for hitting you or or physically harming you and anyway is that correct ask me did I know if if you kick I told you from the angle I'm looking at I can not tell you can't tell I kicked you right but you don't know from the incident was it on the way into the back of the vehicle like the back seat or like at that's what I'm trying to pinpoint so right now I'm still the door just open and I'm asking what am I under arrest for and we still don't have any any like is there a question sustained it is it your belief that have I struck you at this [Music] time okay maybe now okay did you um talk to uh anybody about your injuries you told him okay at what point did you tell him that she turned around okay so here we are at the um just about where the prosecutor left off at the 4minute Mark um still we have not seen any from this angle right there's other angles question no it wasn't a question I'm not even paying attention to his extraneous so I understand so here we are still you have not said anything to Sergeant uh Gibbs correct I me when camera I couldn't I couldn't hear going on at okay your if wife you goty to get in so you were um planning on giving him a ride home so you did not suspect him of any crime you were going to actually do him a gesture Rel sustained clarifying um yes we do have key get out short yes can you sh one interfer Whatever interfering there so real quick and I'll cut it off right there but at that time it is your understanding that I'm only on arrest for OB uh what was that he said rnu resistant and obstruction back to why I didn't walk away the five feet yep thank you okay so at this time um he's he's what what would you call he's basically reciting the charges that he's um what would you call that objection not irrelevance sustained okay for my understanding um and I believe it is yours as well correct me if I'm wrong is this the point in time where you informed Sergeant Gibbs that you were injured I told him I was a kid okay he told him you were kicked let me back it up so now this is the seven minute Mark a good five minutes after um my arrest he kic me in the bro he K so um is it is it accurate to say that we still don't we can't Define at which point you you were kicked I'm GNA never mind that true based on the the angle of the video from my body cam I can't tell you exactly when it happened I know it happened you were there yes okay um is that something that's is it a joke do you find it funny what are what are you asking find what kicked in the growing funny what's the relevancy of that question just a general question yeah no and then no he's not gonna answer that he not answer that question okay um I'm trying um when the when the when the ambulance showed up um did you um did you report these injuries to them I'm objected the witnesses say repeatedly that he was kicked I don't think he's ever said he was injured we're here on obstru um um assault charge onor an injury is not necessary to prove an assault I know I know you do make the record excuse me I apologize no it's okay I got it so what is your question did you report receive medical attention for being kicked no sir all right very good go on move on did you at any point tell any medical professional that would be medical attention no not yes it would be because he would have to report it for it to happen okay I've already he's answered that question next question I just want to play This Moment here um this is same camera I'm sorry this this appears to be what is this what what am I going to watch give me a proper what is it give you what tell me what I'm going to see you're going to see Sergeant Ty or officer Tyson confess that he was joking about what he said about what he said about what about me striking him [Music] pause please pause pause it this is information not relevant to this spent this is a separate person's name and date of birth now that's being put out is not relevant to this he has privacy rights that I did not play any portion of the video revolving him specifically to respect his rights to not be a part of this he doesn't have to be so I'm objecting to the playing of this we could get to the point of whatever the defendant is trying to put before the court I'd really appreciate it it's coming right here yor well and I would argue that uh Jacob Spalding uh would be a key central figure since he's the reason I was detained in the first place yes but that doesn't mean he's given consent to have all of his stuff but out there what are you so so where's the part about him joking um he he quite literally says it you're H and I um I have certified um records that have been transcribed um certified by whom by a certified Michigan court um uh transcriber but nevertheless um it's he's well if you're saying you have something that says that CU I did not hear that so if you say you say have something that says no do not play over me when I'm talking stop shut him off no we're not doing it that way Mr M you're playing by this Court's rules plain and simple I'm trying to you no you're not you're trying to play by your own rules and it's not going to don't not shake your head at me because it's not going to happen I'm letting you know that now now if you're claiming you have some certified transcript where is it and has it been turned over to the people it'll it'll be it it'll be submitted after I I I don't I have a digital copy of it have you submitted it to the people before today got it no just got it she same video as I had I don't even know how you're gonna I don't even know how that gets in but I'm not even going to worry about that at this point go what continue with your questioning did you hear the part where you said you were just joking what did you say I said kicked in the nuts so you told the ambulance that you were kicked in the nuts yes and then what laughing yeah and at at that time and between that point where you where you said you got kicked in the nuts and you started laughing did did you hear the part where you said I'm just joking haha you got to deal with me for the rest of the night okay I'll be wrapping up right here y um I just want to um clarify um in your opinion what what Justified the search entainment of me that day resisting instu he gave direct to walk away did not to the gentleman that went away in the vehicle of obstruction I I was obstructing your medical evaluation because you had no point you admitted that you had no point to plan on charging him with a crime you guys were doing a great thing out there you guys were helping him out you guys are making sure are you is there a question I'm trying to clarify no is there a question yes at what point do your medical evaluation supersedes my personal rights to public [Music] space yeah the form of the question and that calls for a legal conclusion so I'm going to sustain the objection is there any Witnesses did you guys get any Witnesses on the scene to what to all these crimes that I'm charged with there anybody else in the scene you guys talked to that put me on any kind of any kind of crime question what crime do you think I'm guilty of oh my gosh sustained sustained I don't speak legal us really trying over here again I don't need your satire just next question you said that you reviewed these tapes beforehand these videos did you at all review that part of you speaking with the ambulance when they arrived did you had any time to read me my Miranda rights before your arrest you did not read me my Miranda Rights asking questions question one more question John any redirect your excuse sir thank you um how many more witnesses do you have Miss Landy one one okay I'm going to take about a 10-minute break because I'm going to need it and then you can call your next witness course standing Rees All Rise addition Witnesses people rest all right any Witnesses for the defense no all right do you have a motion yes at this time people move for B over on the single count of assaulting res obstructing Darnell Tyson Reserve any further AR for the Sergeant's name was Sergeant Griggs gy s um why are we not um hearing the test Tony the other Witnesses I'm sorry I was asking why we're not hearing the testimony the other Witnesses because neither one of the parties called them I I would like to call them y any any objection to reopening the pro I will let the court know part of the reason I changed my mind is because I failed to instruct the officers who were the hallway that they could not watch the setings on YouTube so it was my understanding they did watch the testimony of Officer Tyson on YouTube and I apologize for that didn't intend to have that happen I deeply regretful of that I did not know what was going on until I went out in the hallway didn't intend to call them because their sequestration had been broken and rest on the proofs that were for the court where um yeah yes yes I do are they still here I believe so which one which one do you want sir both both of them great just bring everybody back okay so rich so which one do you want to call Mr MCU um start with officer Smith all right Officer Smith did you want the other officer did you want the sergeant did you want the sergeant sequestered during this testimony or yes no you no you don't give orders you just don't you just don't no you don't reest no it doesn't matter yeah keep smiling that won't end well let's have last name May inquire they it's your Witness right how you doing officer Smith okay um do I have to lay a foundation with um since we all know where we're at on the night where were you on the October 11th 2 250 in the morning and what brought you to there objection compound okay sustained ask your question what led you to a parking lot in ipsan on October 11 2024 at 2:50 in the morning approximately we dis to fight in progress yes um did you get a description of the pre on the fight what was the description do you remember um you were just looking for two people or how many people don't recall okay um um do you recall the uh ethnicity of the people that were called um were they um what the the dispat who was the dispatched over the fight I believe they gave some descriptive words in the police report and do you recall what the um um do you recall any descriptive words that would characterize the people that you were looking for on October 11th okay um what led you to um approach me well we seen an individual sitting I slumped over and looking not responsive at the point and seen iol beverages around the individual so we assume it was high an so at that point it's our job and duty to end up rendering a to individual and then having come and assess their medical at that point okay um you assess that um another individual was highly intoxicated yes du to our observations and is that a is that a crime highly intoxicated sustained which part of Highly assuming somebody was highly intoxicated warrants your interjection can you ask a question just clarification are you trained on highend talks trained on recognizing drunk drivers or something uh I've been doing I've been in the police for Less a year and mul people that havex and then also by direct my sergeant who also been doing this for four years plus I believe that we cans so he was definitely highly INX huh you would you would guarantee thatat the the testimony ad you can keep trying okay um the four of your questions are problem okay um at what point did you and I engage physically when you didn't follow the directors of my was let you leave the scene as to he did he um did he cite any legal authority to make me leave the scene sustained relevance you I'm trying to understand the amount do you know okay mind how long were you on the scene approximately until was arrested okay um under five minutes okay um did you or your sergeant establish or discuss any probable cause to arrest me Sergeant gave us dir to put you in back Patrol vehicle du to instructing our investigation we're trying to assist your friend get him medical attention at that point you were resisting you put your hands onto the onto the Carol with the car and you clamp your your hold hold hold no you cannot stop him you ask the question he's going to get to answer it so you don't stop him go ahead go ahead yes you may so at that point you were resist so then direct to detain another dir to place for so I had multiple encoun you put okay um back backing up to uh the point of which I was thrown up against the vehicle you're saying that the crime or the violation that I was in was not stepping away is that correct obr investigation yes uh is obstruction is that a physical act is legal conclusion sustained am at is obstruction of justice is that a verbal or a physical sir what are you asking because it seems to me that you seem to be off asking this officer for a legal conclusion and okay I'm not going to have him answer the question okay until you can clarify what your question is in your opinion is it your opinion that I obstructed physically I'm G to object us to the form of the question as to the time because it's not clear to me sustain I I'll sustain it you need to clarify your question as to at what point yeah at the point of which officer Gibbs or Sergeant Gibbs and and yourself pushed me against the vehicle to arrest me DET to detain okay at that time was my arrest pment sorry was my detainment because of verbal or physical obstruction your back you did not do so so he assisted You by placing hand on your back you did not do so against so could you label where my obstruction was your objection I think he's been extremely clear about the different ways in which the defendant obstructed the investigation what investigation is what I'm trying to get to we still don't have a corpus to like that your honor I think we do but that's okay okay you think differently I'll sustain the objection you can try again rephrase your question under what investigation were you under assis your high assisting High INXS okay is that a normal police duty yes okay under those situations um is there ever um a charge that would complement this compl what complement the assisting the highend tops okay let's try to get this clear you were there rendering medical assistance potential medical assistance to the individual that was sitting on the ground right part of a police officer's duties if they see someone that is in distress or in need of medical attention would be to render Aid is that correct yes sir and that's what you were doing that evening yes sir okay now we can move on okay what do you think my role was Ro so you have one really intoxicated friend and then one that's trying to talk to you at which point or which role do you think I would be under when this investigation is is going down I don't even know what that means what do you mean roll H they the officers showed up on the scene yes at a a there was no call for them to be there for me or my buddy okay they they they showed up and they made themselves a part of our taxi ride home and I got a charge for it no no no no no here's what happened as like says I can best determine they're dispatched regarding a fight they come across something else to was somebody that may look like they need medical attention as his officers testified that's part of their obligation to render Aid when it looks as though it's necessary they were attempting to try to do so your inter V vention or role began to take place when you failed to follow the instruction of Sergeant gift that's what I have so far so now you may go on to your next question okay did you write your police report for that night I you did um you do that manually uh or I'm sorry on a computer or do you hand write them um did um did you happen to write anybody else's the reports no no okay um have you read the report recently yes have you read all of them yes do you find any similarities between them objection relevance response to that relevance there um I'm ask I'm trying to figure out where these my relevance the relevance there's they're all identical reports it's pretty relevant they were copied and paste maybe because they were all there and they all said exactly the same thing for btim Okay so so this officer didn't write anybody else's reports he just testified to that okay so what's your next question to this officer okay um on your report recall um any notaries of the presence of alcohol I need to okay did you do you recall reporting any alcohol okay um would you agree that alcohol was a significant contribution to the reason why me and you met OB to speculation here sustained okay we have my friend that was called for high high in TOS correct no we dispatched to prog okay fight in progress you showed up on the scene and um you notice someone's highly intoxicated that wasn't a part of the fight that you were dispatched for correct projection leading sustained who dispatched hon Valley ambulance off Tyson officer Tyson did okay um what was the A dispatch for okay um seeing how that was oh let me you agreed that that was part of your investigative duties to assist in my buddy's intoxication well I def that question I know okay so rephrase let me rephrase would you agree that the reason that you and I met was because of alcohol objection as sustained was the objection you heard the objection I didn't hear it I'm sorry it was actually asked answer but it should have been relevant yes it could actually apply to both it does so okay ask an answer that what she said yes rather clearly it's about the fourth or fifth time that she's had to do that so would than five thank you Mr Kennedy um did you find any alcohol on the scene did you find any alcohol when you guys arrived on the scene both um officer um you heard officer uh Tyson's testimony okay um did you hear him uh um mention the fireball yes okay and then uh you heard him mention the selt selters yes okay did you see these yourself um you did okay so um was there anything else besides those two okay nothing illegal you don't recall any illegal Contraband or anything on us or near us objection OB he said he does he to refresh recollection he can't answer that question suain when you um when you collecting evidence at part of your duties what is the proper protocol when you collect evidence question what standards or procedures do you conduct when you are obtaining evidence on an investigation do you log that information do you report it to anybody OB is a compound just he's not getting um I'm sorry good goodbye Menda enjoy your dinner take care if you found a knife nearby on the same same describe the same scenario there was a switchblade knife what would you doje relevance I'm asking for the power Ru let him go depending on the RO the knife to the situation in our investigation we'll dispose of the knife if it comes to not being relevant to the safety if it was loged this evidence would be L properly at the station station okay before even touching the knife I put on gloves and I'll put it into an Evidence bag label it tag it not place it into our Patrol vehicle as that I will transfer to the police department and I'll log into the EV locker and I not wow no go ahead I'm sorry there's an impressive answer so um given that you did observe alcohol on the scene who reported it reped it like reported to Metro dis to your friend um or what do we do with the I'm um I'm specifically asking about the um the reports that were made um but also what happened with the items as well the reports of what the police reports what do you mean what happened to them um not what happened to them um what happened to the mention of alcohol in the police reports because there was none okay um refraining a question um alcol was found and who reported it okay you might be intoxicated as well okay um do you know what happened to the alcohol that was on scene okay um did you get a chance to review the body cam footage from that night and is it your opinion that um that I um obstructed a verbal command by Sergeant Gibbs conclusion I let him answer it was a verbal disagreement no that was your question what was that um it is um your opinion that I verbally obstructed Sergeant Gibbs well okay I believe that you instructed by not listen to his verbal commands and then you were trying to rovate to your friend do you recall his verbal commands does walk away sound familiar yes okay right right okay with the walkway term do you ever hear him cite any other like legal Authority with it you're asking to the night saying anything to it or just in general yeah just in general for right now I'm just trying to figure out if there's like a it's like a rule or like a law that you might say with that that would like get somebody kind of you're arrested me at that time you see somebody instruction to our investigation we advise them to move along they do not move along how much time do they have for that okay I think three times at least so go ahead did I physically prevent you from doing your duties did I threaten you no my that touch you no if I ignored you and just walked away say 5 feet would that have satisfied you do you know of a distance that's safe for me to be in those situations okay let's take away that situation now in just a normal situation where you're investigating something and maybe your Sergeant's not there okay um is there a certain distance that um someone has to be yeah relevance this and speculation yes sustained rephrase your question you could tell me a safe distance that I would have been that day that would have satisfied you and your sergeant I understand it was his command but what is your opinion that would have been a safe distance is irrelevant opinion is relevant that did you not hear me I didn't okay it's irrelevant it wasn't his command he has answered it twice as to who you need to ask to find that app and U um coming from the first car to the second the patrol car okay there was um was there any resistance by me are saying from Serge to the next no from the moment that I was put in handcuffs against like next to my buddy to the moment that I was over there um where we walked over to the patrol vehicle the first one that I was before I got transported was there any signs of aggression or resistance in your opinion by whom you by me okay from from your duties um you um you recall um searching me yes um did I consent to that search you're detained just yes or no you can answer the question okay policy michig law as well okay um so at what point did I go from to arrested youed for the police officer wait so R the first car I'm walked over to the second car right at one point I was detained all the way up until that point and then I'm thrown in the back and I'm told I'm arrested did you hear that part in the video yes so I'm at I'm just um at what point do you know who said that in the video the d uh Sergeant Gibs us the dir that you being arrested for assault on the pce officer no no no so assault wasn't mentioned until long after I was in the patrol vehicle okay so yeah so yeah so like right when I'm thrown in the back of the vehicle the first that's the first I heard on the video of the switch from detainment to arrest and I just wanted clarification on your perspective of that transition from detainment to arrest I'm ask he's he's answered when he was ask and answered to the extent what his opinion is may also be irrelevant he's not the one that gave the command did you see me hit anybody did you hear any um signs of stress from Sergeant I'm sorry officer Tyson yes what did he do um you just said you uh heard signs of stress you don't recall what they were never verbatim was it words that he said is that what you're referring to he does sustained personally see me strike him answered sustained what was it ask oh ask an answer um could you clarify if you said that You' seen me strike anybody could you what what's the question clarify if the um officer have seen me strike or assault he's already answered that um well assault is going to be another issue but in terms of striking someone he's already answered that okay and I've also sted an objection from you asking it again to him and here you go again is it to your knowledge that you did not suspect a crime being committed question is it to your knowledge that there did you suspect a crime being committed by me or Jacob's faing at what point at any at any point in the stop the stop were you aware of um officer Tyson's um statement to the hon Valley ambulance objection calls for a hearsay answer and I don't know that it's relevanted if you could Define at what point the probable cause was just detain me you my Serge dir so he do that resisted that when he said walk away no you don't get to excuse me you don't get to interrupt him in terms of his response you asked the question you let the witness answer try go ahead and then at that point your hands behind your back you're acting resistance to do so anch okay been 30 seconds of being on the scene seconds would you agree that alcohol was this related factor to what related factor to what the night the reason why we came in contact with each other what's the relevance plan um it's misreported it's misreported in in evidence it's not there it's and it's I'm not gonna he doesn't have to answer that question because you've asked it in four or five different ways already all right and I'm not even sure what it means do you recall what I was asking you when you were searching me no do you recall lottery ticket sech did you believe that Jacob Spalding was going to get charged with a crime sustained um no more questions R I have no cross all right thank you you may step down thank you sorry so did you now wish to examine Sergeant Gibs yes all right Witness thank you thank you yes sir oh you're good don't worry about it there's a great distraction all right sir if you could please come forward and be sworn right m r t z g i s you may inquire good afternoon um State your um badge number for the record please uh 366 366 okay um you recall the events of October 11th yes uh have you had a chance to review any of the videos yes okay um I'm not going to um Bor us anymore I'm going to really try to get to the point here um uh what was your uh if you could articulate the probable cause as as to my arrest to your arrest well rno um and s officer okay um all right rno was the initial one correct uh yes okay so um at what Point did you determine that I was restrict um resisting or obstructing is that correct is that resisting obstru um it be when to put your hands behind your back you tensed up start to pull away which other officers had to come and help me uh get cffs on you took you over to the vehicle H you against the vehicle to put you in handcuffs at which point okay well there's a lot of events so I'm going to just try to keep it at the okay the one right now thank you um so it was you said the point I was being detained was or I'm sorry resisting for yes so talking about detainment or arrest so we got two different things going on okay so let's walk me through it I was detained for detained for interfering okay um interfering um what was I interfering you were interfering with my investigation trying to help your friend who was extremely intoxicated okay trying to help my friend is that your lawful Duty yes to help my friend yes to help yes okay um okay go uh you were you said a couple parts uh go back to the detainment so it was for interfering yes okay did I um verbally interfere yes did I physically interfere you kept getting closer to your friend so that would be physically interfering physically interfering okay for your investigation against my friend yes did you assume he was um doing anything unlawful no he wasn't do anything unlawful okay um you just want to help out which was exactly he highx okay um do you recall me asking you anything when you first showed up on the scene sorry do you recall any questions that I had for you uh when you guys showed up on the scene just hear star um if you could give me your timeline I mean I could play the video but give me your idea how long was it from the point you showed up on the scene and then I was arrested I'm sorry detained possibly five minutes or so five minutes if I told you it was under 40 seconds would you believe me you want know take your word for all right um do you assume that I was at that time when you showed up did you assume that I was up to a fight that you were dispatched for or did you clarify that that was something no you knew I wasn't in a fight okay so um so basically what I have here really is um what what I'm what I've I've watched the video thousands of times right um I I get me me and you at a disagreement right um in your words what would be the disagreement your friend you're telling me I have him I got him that didn't seem to be the case if you had him he would have been on BR Dr so therefore it's my duty as a police officer to ensure that this man is safe and because I wasn't doing it you were not that's what okay um who ordered the hva uh ambulance for relevance say what's the relevant to that um good question I know right if you don't have an answer OB is sustained call HPA thank you than speaking my language now all right um did I make you feel threatened in any way did you make me feel threatened anyway no sorry no I didn't give you aggressive vibe or anything you gave the aggressive ride when you T Stu but initially what did you tell me before arresting detaining me I told you to walk away several times walk away yes walk away that's a uh would you call that or considered a lawful command that was definitely lawful order yes okay um do you know under what law that would be I cannot my sorry okay it is definitely a lawful command you're interfering I you know if it says like a a certain distance if what says a certain distance the the regulation on the lawful command what regulation are you talking about my safe distance from my Public's okay private space go that's going to depend upon context right it depends on what they're investigating so what are you asking um at what distance would have been safe you walk to the sidewalk just stay here that's it that's all I want you didn't have to leave man that would have been so easy that would have been so easy right yeah still trying to figure out at this time though I was right there was no investigation so at what point does investigating somebody else's drunkness uh determine my rest when I'm trying to assess a gentleman who's highend tox and you're interfering with that that's that's when that justifies that you're interfering with your would you call it a civil Act of checking on his welfare oh yeah go ahead go ahead and answer okay so still no crime no you were just helping out I disorderly as you were that's okay I was disorderly okay I was disordering your investigation into the Civil matter related to someone else oh I'm sorry time you you say said I was disorderly yes so in the process I was because like we it's under 40 seconds right so within 40 seconds I didn't listen to your walk away when you're trying to investigate someone else's into toxicity and Welfare God bless you objection is a formative question a fortive question knowing that there was no crime would you agree that or your friend showing up on the scene you guys were trying to get information about a fight fight a fight okay once we saw there was no fight right and it wasn't that right drunk guy yes right let's take care of them exactly okay so you're trying to take care of them and what did you think I was doing objection as a speculation did that's here what I think you were doing yeah hindering not okay if how if you never showed up what do you think would have happened speculation sustained I just have a picture your honor what just just the night question just a picture would really like see before you show them the you go just me you have a copy for me have that one great I show them what's to the picture of and for what purpose am I seeing this picture identification of who of me um what was going on before these pict going to tell me all that I got a picture in a picture well I don't there's no to copy on or so no that's fine I would have sent it to you digitally I got me you want you want are you gonna introduce that picture's evidence of something or try to oh I just um yeah I'm gonna try to you're gonna try to all right let's have it marked defendant exhibit a it's just identification purposes really I see a confused look in your face um before you guys arrived on the scene what was that what are you talking who's confused look oh no but it was trust me I think the sergeant knows more about identification of an in court than you ever possibly will so I don't think he was confused at all oh okay yeah but appreciate your concern can we get that marked so we can get this done thank you I'm sorry an I didn't mean to rush you but sooner or later we got to go home yeah okay witness has been marked as defendant exhibit a do you have a question here do you recognize those two gentlemen yes sir okay um if you could give your opinion of of the two Foundation sorry um what we're wearing uh look familiar that was the same night would you agree objection Foundation sustained Foundation um I'm still trying to get to a crime that I committed and this is before you showed up this is this is I was waiting on a ride right hold hold on a second so the photo that you're showing is an no quit interrupting me the photo defense exhibit a is a picture of events you know are prior to the sergeant getting there right then how's he going to answer any questions about it like I said it was for identifications at first of what of the condition you've already been identified the condition of of us I was the one and I was yeah but like I said I know what happened okay that's fine but I'm trying to prove it and yeah what are you trying to prove that not there was no crime that picture doesn't do it I'm not I'm not going accept the picture you can't lay a foundation for that photo you're right that was I know that that was for identification like I said so we can just get rid of so defense exhibit a is not admitted all right go on to the next thing please okay yeah he he gives that back to thank you thank you do you recall the presence of alcohol in the scene yes sir do you recall uh reporting that there was alcohol in the scene yes you did report it yes it says says it in the report yes okay um would you consider it to be a significant factor of the night which night yeah I'll sustain the objection you need to ask better question yeah um this this last question um could you just clarify your duties overall that night in regards to me and my arrest clarify my duties in regards to your arrest the probable cause for my arrest could you establish the probable cause R know for not listening to the walk away command okay the walk away command is what you're referring to though right for the probable cause the walk away was your detained I detained you not walk away okay and had you just put the cuffs on smoothly it would have been fine you cuff you when you resist you T up pull away that starts the rno then when you strike an officer with your foot that further stries r as well so therefore you got sought to an officer and you had so that's why you were arrested sir okay did you physically see me assault anybody no I was over there dealing with your highly rated friend okay um no more questions thank you officer Sergeant I have no cross examination I was hoping that was true you may step down Sergeant thank you any other Witnesses for the defense no Witnesses any rebuttal Witnesses for the no honor do you have a motion I do to B over on count one next charge Consulting resisting or obstructing officer Darnell Tyson Reserve any further argument for rebuttal response Governor I um under MCR 61104 F uh dismissal the lack of POS probable cause and insufficient evidence um uh there's no proof of any harm done um the office that said I struck him you know I he he also said that I didn't and he was just kidding we all heard it didn't want to play it over again for some reason but it was pretty clear what he said and um I um appreciate the officer showing up to assist my friend with a highly intoxicated um cause uh for investigation but I do uh that does not warrant my uh detainment uh much less my arrest um yeah and under MCR 6110 F dismiss lack of a probable cause there was no probable cause anything after that is um is thrown out and inadmissible it's under map versus Ohio Landy any response no you're are thank you I don't really need it um folks give me five minutes I'll come back with my decision on this just I me I excuse the police officers been here since the before Oh no they're going to be here as long as I am no they cannot go anywhere what' you say I don't think that's what he said but that's all right all right all right 14a District Court County state of Michigan is back in session [Music] Theon thank you you may be SE right having no additional argument in this case the facts and circumstances of this case um the people with reference to count one the charges as against um officer Tyson the people have sustained their burden of showing that the offense of resisting and obstructing that officer um officer Tyson was done by the defendant um on that date and at that time additionally as the court can do qu statute Court does believe that other offenses were committed during the course of this which is two other additional charges of resisting and obstructing um specifically when starting I guess with what it will make count to um with regard to Sergeant Gibbs the failure to follow the Sergeant's command and I have to give the sergeant all the credit in the world that he gave continuous warnings for the defendant to move himself from the to remove himself from the area the defendant then refused to do so um at the point at which also the defendant is being detained and put into handcuffs there sufficient testimony that at that point the defendant committed a separate offense of obstruction at that point in resisting the officers and then ultimately the one to the the kick to the groin of Officer Tyson so those in essence cons to the three separate counts of resisting and obstructing therefore the defendant is bound over two circuit court on those three charges umor can I ask a clarifying question so I make file corrected amended information the count found the court found probable cause for added count resing obstructing resisting obstructing opposing or endangering which officers all three oh yes all three officers so count one is referenced officer Tyson count two is referencing Sergeant Gibbs count three is referencing officer Smith um with regard to taking the defendant into custody and his resisting of of the handcuffing as well as quite frankly his resisting of um during the pat down the refusal to acknowledge or respond to the officer's questions can constitute a stru so he bound over on those three charges um do you understand that Mr M still argue the probable cause but I'll let the paperwork from this point forward talk pardon what did you say no questions over all right you wish to have the information presented to you and then rained on that information no all right so you're waving presentation and reading of that information all right defendant having wave presentation and reading of the information and sir are you what plea are you entering to those three counts I'm innocent okay here you choices you can plead not guilty you can plead guilty or you can stand mute say nothing and the court will enter a not guilty C for you out those three options how would you like to plead to the fre Chargers stand you pendant having wave for a reading standing new to all three counts Court will enter not guilty TOS to all three counts pre-trial in this matter will be set for April 3rd at 1:30 p.m. judge slay April 3rd 2025 1:30 before judge slle um may I have until noon tomorrow to submit ass signed amended information to yes we'll hold the file if you if you do that that way the whole file can go up my goal will be by noon tomorrow fantastic um previously the defendant has accepted email service of motions but the court piece of kinds to make inquiries if he'll accept email service of the sign sir I can there'll be an information which is very similar to the complaint in this case it will be signed off by the prosecutor based upon the Court's room what the prosecutor is asking is will you receive yeah an email and and take that as service of your copy of the information yeah we yes all right thank you great B will continue than you all right you can't fix stupid and thanks for hanging out with us UNF frauds make sure you hit the Thumbs Up Button you subscribed and ring that Bell also leave a comment in the comment section tell me what you think and a huge thank you to all of our facts or frauds channel members [Music] and if you're still hanging out thank you I appreciate you all make sure you hit the Thumbs Up Button subscribe and ring that Bell also leave a comment in the comment section tell me what you think till next time I'll see you soon