If they hadn't done anything wrong, they got nothing to worry about. It's not that hard to just hand over an ID. It's not that hard for me to show up on date. Is he refusing to ID? Yeah. Okay, bud. This is an intoxicated subject call. You're going to be arrested for failure to ID. Listen to me. They don't have any other arrestable charge. No disorderly conduct or anything like that. No, sir. Okay. All right. Um, release him. Looking back now, I have no I screwed up. I mean, I'm not going to sit there and lie about him. I can cover it up. I made a mistake and I recognize that. Do you feel like the uh the force you use was justified based on his resistance at the time? Yes. No. No. You don't think so? No. Just because I'm a senior officer doesn't mean I don't make mistakes. Welcome back to the Lackluster channel. Today's story was submitted by not Texas Sheep Dog88. We will refer to as Jack for the duration of this video. When the story first broke, it went viral on almost every channel. I decided to wait for more developments. And while this case is far from over, plenty has happened since the incident occurred. We'll start with the 911 call. October 5th, 2020, the San Angelo Police Department dispatch received a 911 call reporting an intoxicated man harassing people in the parking lot of a local Walmart. I'm pretty sure he's on drugs, though, and he's got a kid in the car. and he was, you know, harassing people in the parking lot. He's white, about 5'9, curly brown hair, just regular t-shirt and jeans. The description was for a white, 5'9" man with curly brown hair, wearing a t-shirt and jeans. Jack was wearing gray pajama pants and is only 5'6 in tall. The defendants arrive on scene and locate the reported vehicle. It is worth mentioning that security is unaware of this situation. So far, the entire incident is based on a single phone call to 911. Apparently five 5' n male with brown curly hair with a three-year-old. Mayberry is in the store looking around. Okay. I'll hang out at the vehicle if you want to go in. Okay. Security here hasn't uh doesn't have anything on him. Nobody in the store has seen him or even know what he really looks like. There's didn't see a guy with a three-year-old in there. I'm I'll go back in. All right. But uh I mean nobody in the store was really helpful. The defendants split up to look for their suspect. Weber utters a statement that would prove to be untrue just moments later. If they had done anything wrong, they got nothing to worry about. Less than 2 minutes later, defendant Mayberry locates Jack and begins asking him questions. Excuse me. Hey man, can I talk to you for a minute? Nothing going. Um have you been talking to anybody around here? talking to Oh, we've got got calls that someone's out here harassing people and they may be drunk. You haven't had anything to drink tonight? Nothing like that? Nothing. You mean you're blowing your face? No, I'm good. So, you haven't had anything to drink today? Nothing like that? You just getting off work or something? No. Okay. Huh? What's your name? Jack. Huh? Jack. Jack. Jack. What? Okay. Yeah, it it does matter. No. You have any idea? I do. I don't have to give money. At this point, Jack has told the officers his first name and is now refusing to provide his identification to the officers. Texas Penal Code 3802 covers failure to identify, which makes it a criminal offense if someone refuses to identify to a peace officer who has lawfully arrested the person. Failure to identify is a secondary charge. Since Jack was not arrested at the time, he had no duty to provide even his first name to the defendants. Jack even attempted to explain 3802 to them, but their inadequate education of this very basic penal code caused what happens next. I don't I don't think you understand what this is. This is not You get to tell us what is what. So, you're saying I have to keep my name. Look, we're we're not trying to hit you up or anything. We're trying to make sense of what's going on because someone's telling us that someone is possibly driving drunk with a child in the car. They gave us your vehicle and a description of you. You have a description at all, sir. Uh just said that he had brown curly hair. How was it unknown description? They gave us your vehicle and a description of you. Okay. So, I mean, you can either make this long, drawn out, and difficult and keep your son out here with all your groceries. You see that? I'm not drunk, right? I don't know that. You mean all you did is tell me that? Well, okay. I think Okay. Well, we're trying to verify who you are and you're making that difficult. It's not that hard to just hand over an ID. It's not that hard for me to go about days without even drinking or doing anything. But I don't I mean, tell me I'm forced to ID myself. That's [Applause] Please see your ID just to verify who you are. What is it going to do? What good do I am? Sometimes feel like I want to verify who you are. We'll go back to your day and we'll be done. That easy, that simple. My partner explained everything to me. I want to Is he refusing to ID? Yeah. Okay, bud. This is an intoxicated subject call. Okay. Okay. So, this is what's probably going to happen if it hasn't been explained to you already. Unless you identify yourself for this legal investigation, you're going to be arrested for failure to ID. Listen to me. And then we're going to call CPS to come pick up your kid. Okay. Okay. So now you're threatening to take my key. What's your ID? You're threatening to take my What's your identification? What's your name, dude? Can I talk? I mean, y'all work. You have one thing to respond with right now, and that's to identify yourself. I need to tell you unless you can walk here. Let me just arrest. All right. The three defendants move in to arrest Jack, pinning him up against the refrigerator and applying pain compliance techniques to his arms and neck, pushing his throat against the corner of the refrigerator. One of the Walmart employees picks up Jack's son and brings him into the security office. Jack is unlawfully searched and is taken outside and is put into a police cruiser. Walk [Music] right now. Daddy's okay. He's just going to talk to mom's at her house. I guess she is. Did y'all talk she's coming? I don't know. We haven't found that out yet. Okay. I was just trying to calm the baby. Right over here. You on the phone? Can I call myself? We'll deal with that in a little bit. Deal with that. Have a seat. You want to Do you guys want to do anything with this guy? on this. Um, what was what was he doing? Well, we got a call for an intoxicated driver with a three-year-old in the vehicle and they they determined that was that guy. Yeah. And then um I'm sorry. Refuse your ID. Then he resisted. I mean, there's really a whole lot we can do here. Oh, it's up to you. Just giving you the Yeah. No, it'll be okay. Okay. Eventually, Sergeant Holt arrives on scene and educates his officer of their grave mistake. He was arrested. He was advised he was being placed under arrest. But we went to put him in cuffs. He started this and that while he was detained. Yes, sir. We were told he was detained. We're just trying to make his payments. trying to get arrest have to arrest him for something else like he's intoxicated. No. Well, we're trying to talk to him. Off Weber came in, explain to him whatever explain to him we're conducting intoxicated person investigation. Hi, how are you? How you doing? Good man. How are you? Good. Putting off whatever was going on. He's not he's that point. He's not going to tell us. This is what's going to happen. If you identify yourself, you're looking at being arrested. Okay. That point is when when he refuses again, you let him put hands on, put him in custody. However, until he's actually arrested for an official [Music] ID, then you don't have that. Okay. You don't have any other arrestful charge, no disorderly conduct, anything like that? No, sir. Okay. All right. um relief and explain to him um that mistake in understanding of the law. Okay. And uh that he's free to go however it is best when asked by a police officer who he is to give his name. No, it's not required. It's always best to just give your name if you've been told you've been lawfully detained. Okay. Sergeant Holt orders the release of Jack and his son is returned to him. Defendant Francis releases Jack and continues to disrespect him. And despite having 3802 just recently explained to him, Defendant Francis still doesn't understand it. Relax. I'm not going to hurt you. I'm not going to slam you. Okay? Just No. Just let me look at your wrist. Okay, it's falling down. Turn your hand. Is yours or mine? Never mind. All right, M. Miller, Sergeant, you got yourself by the way. You have misunderstanding interpretation of the law. I try to Okay, you let me finish, please. I try to I need to get back to my son. Okay. Your son is fixing to come out with mine. Okay. Well, I what's going to happen is that I don't Okay. Is there anything I have to do from here on? No, I was going to let you know there's going to be there's going to be report and document everything. Sir, you're I know. I'm free to go. I apologize. What happened? Talk to explain to Hold everything. Hold said it's not going to be good. He said unless they're lawfully detained. We never told him he was detained. We just explained to him he had the we investigating the talk. He had subject call that asked for his information. Holt said it's not going to be good. He said felt that he's not going to fit. All three of us looked over it, read over it. Doesn't fit. Holt said to release him. Is he intoxicated? I don't smell anything on it. Unless there's something I missed that you caught. I just his speech. His manner of speech. No. came across to me that he was in. I thought you guys had already made that determination. No, not that far. So, everybody just we all write a report. I guess Oh, yeah. Somebody one of us initial, the other one's up. How are we going to figure it out? It happens. You got your own your own. What are you doing? Just let's try to make sure. Look, I I thought for sure he was detained for PI. No, he may be detained, but until he's actually under arrest, he doesn't have to give a name, date of birth, anything. But he also can't while he's detained, he can't give a false name. Right. Oh, yeah. This is There's been confusion about failed ID. As long as I've been here, I've seen people charged with failed ID on a consensual contact. There's no such thing. There is no such thing because there should be no such thing. Why officers still think they should be able to demand a free man's papers during a consensual contact is bewildering. When the department released a statement about the incident on Facebook, they released the body cam footage with it and failed to redact Jack's full name, address, date of birth, driver's license number, as well as his mother's name and phone number. The post was removed 36 hours later, but considering that this entire encounter was over Jack flexing his Fourth Amendment right not to identify, it's fairly interesting that once the department knew who he was, they dox him. It's unclear whether or not it was intentional or malicious. Jack filed an official complaint against the officers involved. Defendant Francis and Weber were assigned the maximum of up to 15 unpaid extra duty days in lie of a suspension for a violation of 3802 and conduct unbecoming of an officer. The videos of the investigation carried out by the professional standards division were recently made available. Defendant Francis admits to a mislication of the law resulting in an unlawful arrest. He assures the investigators that he has now brushed up on 382, but then fails miserably when voicing his interpretation of it. I'm looking back at now, probably looking at as a consensual is probably more we were probably handling more as a detainment at that time. It should have been just hands consensual and just we should have been done with it. So he was being detained. Yes, sir. And refusing to identify himself? Yes, sir. Okay. at that time. What was your uh understanding of of the law pertaining to being detained and refusing to ID yourself? I was looking at looking at the charge of field ID based on him not giving us information who he was because what like I said what what was your understanding? You felt like somebody being detained had to give you their name? Yes, sir. Okay. And you know, since since I've re-educated myself, talked to Sergeant Gaido the next day, me and him sat there for I don't know, 15, 20, 30 minutes. I can't give an exact time frame, but he sat there and me and him looked at it and he we talked about it, explained it to me. Um, I've looked at it since then also just to keep myself refreshed and stuff like that. So, a person being detained, what's the law say? What's the penal code say about giving their name? Um if it's a lawful detainment then yes they have to give they have to identify themselves to us. If if it's a lawful detention. Yes sir. Okay. What's your understanding? Just so I'm clear just what is your understanding if you have somebody detained and they don't want to give you the name. Um, if there would give us in that point, that's when I would go affect the rest. But and you spent time reviewing that lawsuit. I haven't looked at it recently. I looked at the first few probably first few days and weeks after it. Um, well, that's that would be that would be not correct. you you you could not force someone to give a name unless they're arrested. Okay, that's that's the kind of the heart of this is that is that if they're if they're detained and they give a false name, then then you can arrest them for fail to identify. if they are lawfully detained and they provide false information. But if they just don't tell you the name, then they have to be arrested for another offense. Not then I need to reread again or correct myself. Looking back now, I have no I screwed up. I mean, I'm not going to sit there and lie about it. I'm not going to cover it up. I made a mistake and I recognize that. Do you feel like the uh the force you used was justified based on his resistance at the time? Yes. Now, no. You don't think so? No. The full interview can be found on Jack's channel. Officer Weber and Mayberry's interviews and the arrest are also available in the links below. Jack went on to file a lawsuit against the three officers for his unlawful arrest and a violation of his Fourth Amendment rights. It is still an active lawsuit and may take some time to settle or litigate, but I will keep you informed as I receive details. Jack is pretty good about keeping his audience informed on the case on his channel. If you end up over there, be sure to let him know that I sent you. Thanks for watching. If you have a video you'd like me to review, email it or send it in via Facebook Messenger. You can also view this and other content on my website. If you're new here, subscribe for future content. If you've been around for a while, remember to like, share, and comment down below of what you think of this interaction. Shirts and other goodies are available at the Teespring store linked below. Channel memberships start at just a buck if you'd like to further support the channel and get a slick lack logo next to your name. I'll see you in the next video. All links are down below.