why were you shaking like a coward when
I was calmly asking you questions did
your daddy teach you right from wrong do
you know right from wrong do you have
the ability to stand on your own two
feet as a man no proceedings I will find
you contempt are you communicating a
threat you understand that I do not me
you beeld in jail for a period of time
30 days you
$100
welcome back to the valian channel guys
today we head back to South Dakota Moody
County Court fandra to be precise for
the trial stemming from a video I
covered on the channel last September
where this guy got arrested for refusing
to identify following a hit and run he
was subsequently charged with driving
without tax insurance and failing to
report an accident and yes he's going PR
say because of course he is the video
begins with the alleged victim on the
stand being questioned by the state's
attorney right let's get into the video
uh I was approached um by an individual
uh whose car was parked directly in
front of that pickup or that truck and
uh was asked what are you doing and I
informed her that I was just informed
that this vehicle had hit my building uh
she then asked when I said uh 10 15
minutes ago from what I understand and I
was informed that no way know how did
this vehicle hit my building it's been
parked for at least 3 hours it's not
long after having this conversation with
that woman what occurred next I informed
her that I had a video on my phone
showing that this vehicle had hit my B
and what occurred next uh she proceeded
to walk
away what happened after that uh I
pulled out my phone and I called officer
Weber all
right now prior to officer Weber's
arrival did another individual contact
you regarding this truck yes uh Andrew
came out and uh we went over and looked
at it he was
apologetic um said he would take care of
the damages um actually at First wanted
to fix it himself and I politely asked
that the person that did this sighting
would come back and and do that one so
prior officer Weber's arrival you made
contact with an Andrew is that right yes
and he approached you or did you
approach him um I was standing out there
so I guess I would say he more or less
approached me
but and if you receive this and today
would you be to identify yes he's
sitting at the def but the court a the
wom identified the defendant Andrew
stting the record was
over so again walk us briefly
conversation Mr uh he came over was a
very apologetic he says I realized I
didn't I will pushed his finger in there
said oh it's just home I can fix this I
said I prefer to have Yan come back and
fix it as he's the one that put it on
and it's a custom color and um I would
just prefer since it's a new order to
just get it done right the first time so
during this conversation he actually
made an admission to you that he had
collided with he said yes with this Dr
yes now you were the one however to
reach out to law enforcement is that
right correct and the purpose of
reaching out to law enforcement was for
what uh at the time not knowing who
drove the vehicle um and not knowing how
what was going to happen I reached out
in case I would have to turn it into
insurance it's just easier to have a
police report or have something
documented that there was the image when
it was done um just for the uncertain
know the time and frankly you weren't
aware whether or not this Andrew who
then contacted you had himself reached
out to law enforcement at the time I
made the phone call I didn't
know but again for clarification he did
make an addition to that colled the
building
yes your honor no further questions of
Mr s Mr Shing I know you're more
familiar with the process from previous
EV cross Mr I do here we go guys get
ready for lots of whining mourning
speculation and lines of questioning
irrelevant to the
charges Mr Sutton how you doing today
man I'm I'm doing all right I've
obviously had better
days so on this day when my uh wife
spoke with you she said uh something
about it's impossible I hit the building
cuz you you said that I just hit the
building to my wife is that correct yes
are you aware that I was in the
restaurant for over an hour having lunch
I was not aware of that so was the hit
to your building so violent that
everyone inside realized it and came
running out no I actually did not know
my building was hit until I was
approached by the individual that
witnessed it and show gave me the video
and indicated it just happened so my big
heavy Steel truck hitting the side of
your foam covered building and you
didn't even notice on the inside that
your building was struck is it
reasonable to believe that I would have
no clue that I struck your building with
that big metal
truck um I suppose in some instances
yeah okay and when I came out you you
said I admitted guilt that that I uh is
that what happened we talked about it we
said it appeared that I or appears like
I hit your building I apologized I will
take care of it and make it right okay
did I make it right yes you actually
came in uh I don't know the exact date I
know you have a piece of paper I signed
um saying that you were going to pay for
it I got estimates from Danon um and
they were ballpark cuz he hadn't been
there yet uh was $400 to $500 to fix it
uh I asked you if it comes in under you
gave me $500 in cash uh if it came in
under $500 what would you like me to do
with the remainder we should just keep
it for the
headache so I have compensated you for
all damages is that correct that is
correct so I owe you nothing that is
correct so can you please explain to me
what's going on here objection your
honor this is well beyond the nature of
the hearing he's calling for Mr Sutton
to provide speculation as to the well
frankly the prosecution of this case the
objection
I I protest who who's
speaking know Mr Le Mr St the objection
sustain you can go on to your next
question what does sustained mean me I
agree with the objection he doesn't have
to answer that question okay first of
all if you don't know what the word
sustained means it's probably not a good
idea to represent yourself but my guess
is you do know you're just been
disingenuous and if I can see it you can
be sure the judge can see it too also
just because you came back later to
compensate the victim for the damage you
caused doesn't take away from the fact
that you caused that damage in the first
place that's like getting charged with
shoplifting and coming back later or the
next day to pay for what you stole
you're still a thief in the eyes of the
law anyway the absurdity
continues oh so is Paul Lewis sworn in
you can go on to your next question if
you don't have
any so Mr Su do I owe you
anything uh we prev no D all right and
when I came out of the building and uh
you showed me the on your phone or
whatever my truck up against your
building was I had all aggressive or
confrontational or did I say hey I
didn't know I hit your building if I did
I'm sorry I'm not arguing the fact that
I did or did not you were very
hospitable and tell officer pulled up
did we come to an agreement and shake
hands before officer we pulled up
objection on irrelevance to his trial
whether or not he's reached an outset
agreement is simply not bearing upon the
statutes being prosecuted today does the
state believe they get to interfere with
civil matters and make them criminal
matters dude you really need to stay on
track you're supposed to be
cross-examining the alleged victim right
now not whoever you directed that inan
question at But to answer that question
yes you turned this from a civil matter
into a criminal one the moment you left
the scene of the accident and became KY
about sharing your details with the
alleged victim hence why he had to call
the police if You' had just followed the
law bought insurance and shared those
details with the police like 99% of law
abiding citizens do when they get into
an accident you wouldn't be in court
now you can answer that
question did we come to an agreement
that uh you would pay and compensate for
the damages if that's the question then
yes we came to an agreement we didn't
know the amount I told you I would get a
hold of the I didn't get a hold of you
to figure it out and what was the total
amount of those damages again uh I want
to say it was 400 and change 400 and
change and
uh I guess the question is not for you
it would be for the court
what is the what am I being charged with
damage of private property over
$1,000 Mr s you've been provided with a
copy of the complaint that sets out
charges yeah I don't understand any of
that I can read them to you if You' like
uh you could read all you want I don't
understand what you're saying and
perhaps you have hire an attorney to
assist you uh I have
councel are they going to assist you
today God always assists me you have an
attorney license in the state of South
Dakota that's going to assist you today
does God need your permission I'll take
that as an the proceeding Pro what does
pro mean do you have any other questions
for this what does pro mean you have any
other questions for this what does pro
mean there being no other questions Mr
Le you have any redirect
I right so after that truly god- awful
performance because yes God is this
guy's ATT tury now apparently we now get
back to some kind of normaly for a Time
where the state attorney cross-examines
landra chief of police who was on the
scene and made the
arrest you're like to call
Chief
you s that the testimony you were about
to give in the matter now and hearing
the truth the whole truth and nothing
but the truth
got
than you please see your name for the
record Z wber and where are you employed
the city of PL GR in what capacity
please you employ in the capacity honor
about June 29th 2023 here in the city of
plan gr yes around the time of 13:39 in
the afternoon yes around that time were
you called in regards to uh call for
service to the sou Insurance Agency yes
located on North Wind Street correct you
attended that location yes for what
purpose the report of a US h on accident
that occurred the vehicle versus the
building and about what time did you
arrive at that location approximately
1341 what what occurred upon your
arrival at that location and I arrived
at 21 North wind Street I observed H
talking with an unidentified male later
identified as stating um I approached
the couple while approaching uh the
mail stated that he was unaware that he
hit the building I asked the mail for
his name and he stated you the mail
continued to refuse to provide his name
driver's license over
insurance and then what
occurred uh theil
um I guess 1342 Sergeant on seene and
then what transpired the mail was
informed several times that it's being
needed was only needed for um an
accident
report the mail stated that he did not
need to provide his name and that he
didn't call us at our made
arrangements and then what
occurred um after several more requests
to have the mail his name he was
detained by Sergeant my did you yourself
engage holl Sutton yes inquire if he'
been provided any insurance information
from the gentleman who hit his building
correct and had holl been given any
insurance information no as a matter of
fact had the male identified himself
no fact did holl indicate that he was
unaware of the male's
name after several requests for this
individual's name what occurred
next
um Sergeant n f detained Mr stating um
handcuffed him behind his back checked
him for lock and fit and place in the
rear passenger compartment of this
vehicle now just a moment though you've
identified this individual now as Mr
stating but at the point that he was
placed under arrest had positive
identification been made on this Gman No
so at the time that he's placed under
arrest by Sergeant newfeld the identity
was unknown correct the the reason that
he was detained was strictly to identify
the mail all right so after he's
detained what occurred
next a search this person resulted in
one fix blade knife and one small pocket
knife as a matter of fact did Mr Sutton
provide you with any photographic
identification of his building getting
stopped
yes and relative to that photograph you
Incorporated that into your own evidence
and investigative uh information
information is that correct
correct after receiving this photograph
from Mr holl Sutton what occurred
next uh I observed the vehicle that was
in the picture to be parked directly
across the
alley the vehicles was identified by its
bin number as a 20054 F450 Super Duty
with south registration 52 and 36 so
let's look at it some documents there
that you have in front of
you that is a it's noted at the top is
from the F Police Department is that
correct correct and these are digital
photographs is that correct
correct roughly eight in number is that
right correct but nine pages because of
the cover sheet is that right correct so
on the very first photograph there is a
VIN number is that the VIN number that
you photograph yes from the inside of
the pickup Tru correct furthermore in
that photograph You observe what appears
to be a license plate yes for a the
license plate reading 52n 362 is that
right correct that clearly shows expired
on 9 2022 is that right correct but the
date of this incident was June 29th 2023
correct so clearly this play was expired
yes on the next page as we move on
there's a photograph of the Damage Done
to Mr Sutton's building is that correct
correct did you take that photograph I
did let's move on to the next
page what is identified in this
Photograph that is the flat bed portion
of the vehicle it's the rear passenger
this corner did you take this Photograph
I
did let's move on to the next page what
is identified here in this
photograph
again 52 and 362 IND getting expired
plat right correct let's move on to the
next
photograph that's the side of Mr s's
building is that correct correct let's
move on to the next
photograph who took this Photograph I
did and what is being observed in that
photograph it's the approximately 3 in
by 6
in rectangular hole that was C
vehicle let's move on to the next
photograph that is a of the vehicle
colliding with the building is correct
correct this is the vehicle I obtain
from all okay and let's move on to the
next and final photograph what is being
observed in that photograph this is just
the the
side you took that photograph as well
yes your hon I'd like to offer an
Evidence Mark number one the photographs
taken by Officer Le his investigation
this matter Mr St any
I object to this entire
proceeding wait let me guess is it
because you wrongly believe this is a
civil matter because you paid for the
damage you caused but only after the
fact by any chance well I'm sorry but
we've already been over why you're wrong
about that but I'm sure you're not going
to let a little thing like evidence get
in the way of this so let's hear
it this is a civil matter specific to
that incident I I object to everything
specifically okay what is the basis for
the objection that this is a civil
matter
[Music]
OB Noel Robert Pall are you Bound by
article 6 Clause 2 and 3 of the United
States Constitution yes or
no Noel Robert Pall are you bound yes or
no will find you in contempt are you
communicating a threat I telling you
that I will find you in contempt if you
continue these proceedings that includes
interrupting Mr myself while speaking or
the witness do you understand that I do
not means that you could be held in jail
for a period of time up to 30 days you
be fined up to
$100 so are you communicating threats
the consequen
be so do I not have freedom of
speech for purposes of the proceedings
today I told you what the consequences
are if you continue to interrupt Mr
Lewis you may continue with any
questions thank you honor well first of
all the judge is not there to answer any
of your inan questions he's there to
control the way the case is conducted in
accordance with relevant law and
practice so question his oath on your
own time secondly if you take being told
to stop interrupting or you will be held
in contempt as a threat and or a
violation of your first amendment rights
then that says more about you and your
lack of basic knowledge really doesn't
it
during the proc of your investigation of
dealing with this individual you
detained
correct and did you end up issuing
citations yes and what were the
citations that were issued on this
individual uh for square license plates
leaving the scen of an accident and no
proof of insurance all right now you
were able to identify this individual by
name though eventually is that correct
yes what was the name of the individual
uh and stating if you were to see Mr
stating today would you to identify yes
you please do so for the court yes he's
sting at the defense table on camouflage
shirt with the please a the wi identifi
the defendant the record will
reflect so during the proc of your
investigation you ascertain that there's
no insurance in this vehicle is that
correct I was not provided with any and
from the time of the incident to today
have you ever been provided with proof
of insurance on this vehicle no as a
matter of fact in your conversation Mr
holl Sutton he indicated that he himself
had received no insurance information is
that correct
correct now you also went a little bit
further by investigating a little bit
more detail in regards to the Collision
impact area of the pickup hitting the
building is that right yes roughly a 6
in by 3 in
rectangle correct Pro that would have
matched the rear end of this truck
correct and again identified in the
photograph all
right at this time in your honor I have
no further
questions of Officer we Mr St you
cross Zach how you doing today
ma' that's good uh the day that you
approached me were you and your partner
both screaming at me identify or go to
jail
no
really when when you placed me under
arrest did you say that I was under
arrest for no
crime no are you sure there's video
proof of this I do not believe I said
you were arrested for no crime I asked
you why am I under arrest what's going
on and you said no crime and then I was
placed in cuffs is that correct I do
notall that well there's video proof of
this would you like to see it
Let's uh bring up the YouTube video
Paul's so happy
about when do we get to examine that
evidence if you have exhibits that you
want to offer into evidence rules
evence yeah that's not going to happen
is it he doesn't know or pretends to not
know what the word sustained means so
you can't really expect him to follow
and understand the Rules of Evidence
also not that it matters but let's take
a look at the moment of arrest to
refresh our memories so here's the idea
or here's what's going on we do have a
law that says you do have to identify
yourself so if you do not identify
yourself you will be going to jail I'll
be going to jail you're going to kidnap
me what crime did I commit right now
failure to identify yourself so what do
you need my ID for what is the crime I
committed because you were involved in
an accident I'm not saying you committed
a crime right now hands up at this point
I wish to remain secure in my person's
papers and
effect sir I will charge you with
assault and
kidnapping I'm not resisting why are you
both up on
me not on youing your arm I do not wish
for this to happen
gentlemen you're giving a no that's not
in
order well I don't know about you guys
but all that screaming and shouting by
those two officers for him to identify
or go to jail was deafening also it's
hilarious how the statement I'm not
saying you're committing a crime right
now suddenly turns into you're under
arrest for no crime I almost want them
to play the video just to show how
disingenuous he
is and what are those rules they're set
forth in the South cight law as
defendant represen himself oated to
follow those rules I am not representing
myself I am present I do not know how to
represent myself could you demonstrate
for me
please do you have any other questions
for this
witness Zach when uh you were screaming
at me identify or go to jail and I told
you my name is go
yourself and then you contined to
question me why were you shaking like a
coward when I was calmly asking you
questions
yes I have no response to
that your partner acknowledged that you
were shaking is this
true if you approach someone and they
were shaking and trembling in fear you
would have a medical check done on them
is that correct I'm going to object to
the form of the question one it's not
relevant to these proceedings as to how
or the health or demeanor of Chief Weber
dealing with Mr
stated the objection is suain you'll
have to move on to your next question
exactly this line of questioning is
completely irrelevant but it is an
opportunity for him to do what he does
best and that's grandstand play the
matter and take advantage of anything he
perceives as a weakness to shame and Bel
little but that's what people like this
do when backed into a corner in reality
the officer performed his duties and was
calm and professional throughout the
whole encounter if he was shaking which
could could be down to Adrenaline the
camera didn't pick it up Zach were you
and your partner trained in De
escalating situations yes and is it
de-escalating a situation to be
aggressive and yell at someone ID or go
to
[Music]
jail
question is it de-escalating a situation
to be screaming at someone ID or go to
jail your honor I'm still going to OB in
this matter there is no evidence
that is how Chief Weber or Sergeant nelt
approach Mr
St Mr St need to ask foundational
question demr how that was asked what is
the police department's policy on
recording as far as us or as far
Asing as far as your body cam what is
your policy on recording when entering a
situation or an
incident we should record
from the time we get there did you
record from the time you got there or
did you record after you had been there
for some time I think I was
approximately a minute behind so by your
own admittance you violated your own
policy I guess to an
EXT so is it rules for thee and not for
me is that the flandre police
department's mentality I'm going to
object to form this question whether or
not officer Weber acted in body cam
really is not J to these
proceedings the question is argument on
that basis
objection the irony of a sovereign
citizen saying rules for thee and not
for me is amazing in fact it's ignorance
at is
finest did your daddy teach you right
from wrong objection your honor
questions do you know right from wrong
your honor
sustain so am I not allowed to ask any
questions in my defense you were allowed
to ask questions about the testimony the
officer
gave I'm asking about his character is
that not
allowed only under certain circumstances
and in this circumstance I'm determining
that that question is not allowed Noel
Robert pisel are you compensated by the
state have any additional questions
toward this witness Mr
State uh Zach who's in charge you or
Robert I would be the chief of
police but you let his aggressive nature
take the lead don't you objection formul
questionative
sustain yeah so this is the aggressive
nature he talks about I assume this is
it I mean this is the one and only
example I could find in the whole video
and it comes after nearly 20 minutes of
them begging and pleading with him to
identify himself so they don't have to
take take him to jail if this is what he
calls aggressive he's either lived a
very sheltered life or he's just a liar
do you have the ability to stand on your
own two feet as a man or are you always
protected by Thin Blue Line gang members
objection
suain do you have any additional
questions to this
Witness
where's the
jury that's not a question for this
witness question this witness how long
is this court going to interfere with my
right to do
process question
this ask questions the state have
R Sovereign citizens always go on about
due process in the middle of them
getting due process proving once again
that they haven't got a clue what this
and so many other words mean during the
pr your investigation Chief Weber were
able to ascertain whether or not at the
time of collision Mr shating immediately
approached Mr Sutton and provided him
with his name and relevant insurance
information I'm not aware of that not
aware that he did correct frankly
there's no proof that he did so correct
I have no further question St down
thank do you have any addition wies
State arrest your honor Mr do you wish
to
testify no have any other witnesses that
you wish have
testify I wish for the jury to be
present take that as a note having
rested am going to give the opportunity
to both parties to make a brief argument
you we keep it under 3 minutes each Mr
Lewis and the argument thank your honor
there as you can see within the state's
evidence marked his Vis number one the
expired plates on this vehicle belonging
to Mr Stadium indicating that they
expired well prior to the date of this
alleged incident the state was
respectfully asked the Court's
consideration and finding be guilt beond
reasonable regarding expired plates
furthermore as the officers testified
and frankly as Mr H testified as well no
insurance was provided to Mr stting
relative this matter as well and to the
state n has been provided State
respectfully asked for the court to find
guilt on no insurance as well and Mr
staing has Pro beond reasonal doubt and
finally in regards to third to report
accident as required by state law Mr
staing didn't identify himself to the
building owner nor did he identify any
form of insurance to either law
enforcement or uh to Mr Sutton either
simply offering compensation to take
care of it does not really humiliate the
statute requirement number
32346 so the state would respectfully
ask for the Court's consideration and
finding guilt on all three offenses Mr
argument you wish to make now is your
opportunity is the burden a proof on me
to prove that I'm not guilty or is the
burden of proof on the state to prove
that I am
guilty addition argument
make
St any addition argum
wish do you wish to honor your oath
today Noel Robert
pel those rhetorical questions Mr St do
you have any argument you wish to
make defant having made no further
comment I will find
defant this a matter under advisement I
will issue a written opinion which will
be submitted to the parties and once I
that takes me about a week so we will be
in recess to this for
now when does the court wish to waste
more of my
time am I going to be called back on
this
nonsense we will schedule the matter for
further
hearing
9 well the jury be
present 9:
9:00 what date and time I didn't hear
you two weeks from today so February 8th
I will the jury be
present in
[Music]
your to
small he sworn enough to the
Constitution it's kind of
cute right so that was the trial now
let's skip forward to February the eth
just to refresh your memory he was
charged with failing to report an
accident no insurance and no tags in the
meantime the judge had has rendered his
written decision so let's see how he
did is here in the this case previously
been tried Court had rendered it written
decision in that matter defant was
charged report an accident expired tags
and no
insurance the court upon review found
the defendant not guilty of the failure
to reported an accident guilty of the
expired tags and no insurance this is
the time set for
sentencing any
comments Mr any comments to does the
state have any proof that my vehicle was
ever ever operated on the public
roadways so you admit that you do in
fact need insurance and tax to operate a
motor vehicle on a public road then
that's what I'm hearing but only because
you think it might benefit you at this
time time so
disingenuous other
coms Mr stating you're standing there
Sil you have any other
comments seeing none will pronounced
sentence as follows defendant on the
expired tag St is ordered to pay fines
in the amount of $54 Plus support cost
$78 on the no insurance charge findes
$54 support cost
$78.4 10 days of Bill are also spended
on the condition that if PID those fines
cost within 30 days remaining citizen
for 360 days driving privileges are
suspended for a period of 30 days we'll
authorize 30 days to get all of those
fines and cost paid and we will be
yeah I wouldn't hold my breath on him
giving any recognition to the judge for
finding him not guilty on one of the
free charges what do you guys think yeah
me neither right thank you so much for
watching guys if you enjoyed the video
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video