ID. I just saw you take money from that car. >> It's not panhandling if I didn't ask for it, is it? >> ID. >> People give me money without me asking. >> You're not a lawyer. You can get one, but I can tell you how the law work. >> He just bit me. He bit me. >> Okay, we're going. We had >> They tased my dog. >> One of the internal investigators is a father of an officer involved. Officers unnecessarily escalated the situation in part [music] by tasing Roarer's service dog after she bit an officer's boot. >> Welcome back to the Lackluster channel. In 2002, Joshua Roarer enlisted in the US Army and served combat tours in Iraq and Kuwait. He later developed post-traumatic stress disorder linked to his service. In 2018, the US Department of Veterans Affairs prescribes Josh a service dog, later named Sunshine as a medical accommodation. Sunshine is trained to assist with panic attacks, mobility limitations, and PTSD symptoms, and is required to remain with him at all times. His condition made it impossible to work, so Josh and Sunshine would stand in a shopping mall median waving at passing drivers. Though he never asked for money, people frequently stopped to offer food. But on October 13th, 2021, one driver took issue with the presence of Josh and Sunshine and called 911. >> Captain County Communication 66. >> Is it is it legal for these adults to be standing on the intersection with a dog asking for money? I mean, we can send officer out to check the check them out. >> There's got to be something somebody can do about this. This is bull crap. They're using this doll to make that people feel sorry for them to give them money. >> Officer Sierra Brooks is the first to arrive on scene. >> ID. I just saw you take money from that car. >> Yeah, you saw me take money, but you didn't see me ask. >> All right, let me get your ID. Okay, >> you can't ask for my ID giving you money. >> Okay, get your dog. Okay. Yes, I can. It's called panhandling. >> But it's not panhandling if I didn't ask for it, is it? >> ID. You can give me your ID or you can go to jail already. Which one you want to do? What's the ID for though? >> Because I'm about to write you a citation. >> For what? >> For pan handling. >> That's not pan handling. >> Yes, it is. >> No, it's not. If you come up to me and give me money. >> You walked out to the car >> because they stopped. Did you see them stop? >> Give me your ID. >> You saw the whole situation. >> Give me your ID or you're going to jail for RDO, which is resist the layup obstruct. Okay. >> You're going to write a disabled veteran that's living in the woods a ticket. >> Yes. Because I asked you not to do it and you >> I didn't do it. And I sit there and watch. I'm packing my stuff up. >> I sit there and watch you. >> You watch me walk up the sidewalk. >> Thirst City. I'm out with that. That's so good. >> Like you literally watch me walk up the sidewalk. You car stop. >> Give me your ID. >> You're going to write me a ticket. >> Yes. >> Drive. >> Yes. >> I didn't commit a crime. >> You vi You violated a city? >> No. No, I didn't. There's no city ordinance that says somebody can't give me money cuz I >> And you obstructed traffic. >> No, I didn't. They did. They did. They obstructed traffic. They're the one in the car. >> Give me your ID, sir. >> I'm not giving you my ID because I didn't give you the channel or anything. >> I'm not doing it. >> No channel, but I probably need a sergeant out here. He's refusing to give me his ID. >> Officer Brooks requests a supervisor to respond to the scene. But before he arrives, I want to show you how much I earned by simply playing around on my phone. Freeash is a free app where you can make real money for doing the things you already do, like playing mobile games, answering surveys, and trying out different apps. Freeash has a 4.8 rating on Trust Pilot with over 250,000 reviews. 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You'll get a $5 bonus just for starting your first offer. And it doesn't cost you anything. So, if you've ever got downtime, [music] waiting in the car, or standing in line, why not make a few bucks, give free cash a shot, and see how much you can earn. And now, back to our story where Officer Maurice Taylor arrives on scene. >> Now, now you see, we got a sergeant and multiple units on their way out here, >> and I can almost guarantee you it's it's it's not going to go the way you want it to go. I want to talk to a supervisor. >> He's on his way out here. >> He's on his way out here. >> Drive. He requested. >> Hey, how's it going? >> I'm doing all right, sir. >> Oh, just out with him. I told him he couldn't be on the median. >> Yeah. And I just saw him walk out to a car to get money. >> Yeah, I saw him at Circle K the other day uh with a car. >> Yeah. >> So now he's refusing to give me his ID because I'm going to write him. >> He's trying to bring me a ticket because I was walking up this packing up. She told me to pack up. >> I told you the road and somebody stopped money. You saw it yesterday. He saw it too. People give me money without me asking. I don't have >> because because because you're first of all I mean it it it can be inferred, okay? Because that's the way the law works. Things can be inferred. So if it appears that you're violating an ordinance, that's how that works. >> Officer Taylor is incorrect. An officer cannot lawfully infer panhandling or solicitation merely because someone is standing in a median and a passerby voluntarily gives them money. North Carolina and federal courts have held that panhandling requires an affirmative act by the person accused, not speculation about [music] motive. Where he is likely confused is where police can draw reasonable inferences, but only from objective facts that satisfy the elements of the offense. However, the act of solicitation is missing, and the officer's inference substitutes an assumption for evidence. Their assumptions are subjective judgments that would fail to meet the requirements for probable cause. But even more importantly is the fact that laws targeting requests for donations are contentbased [music] speech restrictions. And even if Josh were requesting donations, citing him for a charitable appeal for funds is unconstitutional. Not surprisingly, Josh had dealt with Officer Taylor just 4 days prior at this same intersection. >> You can't you can't pan handle over here. You're not panicking. >> But when I saw you, you were. And you're still >> I'm not panicking. >> You're still here in the middle. >> Okay. >> Sign or anything. >> Well, you did when I saw you initially. >> No, you didn't. I haven't had I've never had a sign. I haven't had a sign for >> You're asking people for money, brother. >> I'm not asking anybody for money. >> You were? >> No, I'm not. >> You cannot find anybody. >> Okay. Okay. Listen, the fact still remains. You cannot stand here in the middle of the intersection right here. Okay. >> Where is a law that says that I can't stand here? >> Oh, there there are many laws. Oh, no. >> Well, all right. Now you're Now I can I can literally I can literally >> I didn't ask her for it. >> You cannot stand in the middle of this area. >> Okay. You need to go or >> Where's the statue that says that I cannot >> Okay, I'll show you. I'll show you. But as of right now, if you don't move right now, I'm going to take you to jail. If you want me to show you a statue, cool. But I'm going to show you a statue taking you to jail. >> You can't take me to jail just for standing here, man. Like >> So are you going to see a statue? >> I don't have to show you a statue. You can look that up on your own. You can go to the police department if you feel like your rights are being violated. But you are in the road. >> Okay. Are you a veteran? >> Oh, yes. I'm a veteran. I know. >> You are. You're a veteran. >> I know. Yes. >> You should be ashamed of yourself. >> Get off of the sidewalk. I'm going to also need your a day. >> Collect your things and I'm also need a day. >> Next time I see you out here, brother, >> I'm going either write you >> I'm either write you I'm either write you a ticket. No, I'm either write you a ticket or you're going to go to jail. I'm just letting you know it's going to happen. But I >> because you're here panhandling and that's what you're doing, brother. >> That bothers me, man. >> Well, you need to move off to the side, brother. >> You saw for yourself. I was standing there talking to you and a lady came up and gave me dog food for her and handed me $10. Now, did you see me ask for it? >> No, you didn't. >> Exactly. I didn't ask for. >> Okay. But like I Listen, I can still write you. If you want me to write you, I can. I'm telling you, I told you to move over here from over off over off over off over off of here initially. This is a public road. You cannot be in the middle of the public road standing on a median. Okay? I don't have to show you a statue. You can look that up yourself. I'm telling you that is the law. You can look that up on North Carolina General Statutes. If I if you are if you are in the road, that is the road. That is the road. You are legally allowed to be on the sidewalk, but this is for vehicular traffic. You cannot be out in the middle of the road. You cannot be out in the middle of the road. You cannot set up camp in the middle of the road. You cannot do that. Okay? I don't care. >> And I could be in the grass and I could be on the sidewalk. >> Yep. >> All right. >> However, I don't care if no other officer pulls you over for it. I don't care if another officer doesn't detain you for it. I'm not other officers. I have discretion. I can tell you right there that is violating North Carolina General Statute. If you want to know the statute, I don't have to show it to you. When I arrest somebody for domestic violence, you're not a public servant. You work for me. So, you're supposed to when I ask you something, you're supposed to take care of it and be like, "Oh, here's the statute." You're supposed to educate me. >> Okay. There there's no there's no law that says that. >> So, so this is for you. There's a gift. 924 seat belt. >> So >> So there's nothing else that you There's nothing else that you can do than other than really. Yeah. >> Not really not, man. Except for getting help with them and uh that's it, man. I'm I'm doing what I got to do and it's out of necessity, man. During that encounter, officer Taylor personally witnessed two individuals handing money and supplies to Josh without him asking. But now, 4 days later, he threatens to take Josh to jail for the same behavior. >> Let me tell you, let cuz cuz you're not a lawyer. You can get one, but I can tell you how the law works. You're in a median, right? >> You're waving at people in the median. >> You walking down like this because I sit there and observed you and that lady is a witness down there. >> Yeah. and I walked up like you told me. I just want you to know you can go to jail for this ordinance. If you if you listen, if you if you continue to argue with officers, you're going to go to jail and and we're going and we're and we are and we are and we are going to call animal control for your dog. You got it. >> That's that. >> Okay. So, so no, you cannot you cannot be you cannot you cannot be here. >> That's fine. I told her. >> Okay. And I interpret as you asking for money because you're like this and you walk out to the car, >> dude. You saw it. I was standing here. >> Okay, I'm telling you right now. You don't give me your You're going to jail. I'm calling animal patroller. You don't >> For what? You're looking for your commit. >> Can we get your ID? >> Dude, I didn't commit this crime. >> But you're also in the median after I've told you not to be here before. Have I not said that? >> And that's why I was vacating because she asked me to leave and I was literally walking >> al for money. Okay, >> that's right. I'm taking this to trial. >> You can. I am. You can. >> It's going to go to trial anyway. You don't even have to ask. >> Oh, it's going to trial. You're wasting taxpayer dollars. >> Okay. >> I pay my taxes, too. >> There you go. No, we your state, not your VA. North Carolina has no stop and identify statute, which is why officer Brooks previously threatened to arrest him with resist, delay, or obstruct if he refused to identify. >> ID. You can give me your ID or you can go to jail already. Which one you want to do? >> Josh's driver's license is expired. So, he offers his VA ID. And because he isn't driving, the federally issued VA ID is perfectly valid. One would assume that as a veteran, Officer Taylor would know this. If he does, it is likely that he is demanding a state ID to create non-compliance, manufacture a resisting charge, or force Josh into a jailable offense by escalating a stop that otherwise lacked legal grounds for an arrest. >> It's not valid. >> I need your state ID, not your VA, ID. I'm going ask you one more time on your >> It's not even valid. >> Give me your state ID. >> Dude, are you kidding me? >> You don't see this? Somebody help me. >> Hey, WHAT ARE YOU DOING? WHAT ARE YOU DOING? >> What are you doing? >> Call your dog off. Call your dog off. Call your dog off. Call your dog off. >> Help me. >> Call your dog off, sir. Call your dog. >> I don't think he's going to buy me. >> Call your dog off. >> I don't think he bit me. He bit me. Sir, >> call your dog off. >> Sunshine recognizes Josh's reaction to the unlawful arrest as [music] a PTSD episode. Her training immediately kicks into action. She does not attack or bite either officer, though officer Taylor would later report that the dog bit him during this portion of the interaction. Body cam and witness testimony refute his claim. Charlie City. We need more units. We need more units. >> HELP ME. >> WHY ARE YOU DOING THIS? SOMEBODY help me. >> TURN AROUND. >> RECORD THIS. >> Turn around. SIR, >> HELP ME. >> TURN, SIR. Turn around. [screaming] >> Turn around. >> Why are you doing this? >> Two. Charlie said he tal was bit by the dog. It bit my foot and I knew it was going to bite you. So, it didn't break my boot, but it bit my boot. >> Help me. What are you doing? >> Negative. >> Relax and give me your hand. >> Why are you doing that? I haven't done anything. >> Cooperating. shot. His dog bit him. >> His dog bit him. >> Recording. >> His dog bit me. His dog is never protecting me. >> I get you. But >> when we out here trying to get something from him and it won't happen, I have to do what I have to do. The dog bit me. Okay. >> No, I didn't. CUZ YOU SHOT HIM WITH A TASER. >> Please help me. Why are y'all doing this to me? >> Where did they ask you for? >> They asked me for my ID AND THEN HE GRABBED ME AND TAPPED ME ON THE FLOOR. I WAS IN THE PROCESS OF HANDING it to you. >> Guys, y'all please send this nicely because this guy has been out here for months. His dog has never >> Okay. Okay, we're going. We have >> They changed my dog. >> I watched them. >> They tased it. Please record this. >> It's really sad how the dog >> Please record this. Why are y'all doing this to me? Sorry. >> I get it, but it doesn't change the fact that >> can just back up, please. >> Did you see the dog bite his foot? >> Dude, he tased my dog. Of course. Like, seriously, why are y'all doing this? >> Okay, but we have to do our job. >> Any dog with >> We have to do our job. >> Here's [laughter] the thing. Y'ALL DIDN'T SEE THE WHOLE STORY, SO JUST BACK UP. >> DUDE, YOU DIDN'T EITHER. Y'all are harassing me right now. really do be nice. >> Well, you did not go to you not you did not see on the story. >> Please help me. Somebody record this out there. >> Careful. I'm out there. >> Thank you. I need your information. >> Somebody please help me. They're trying to kidnap me. Did he see the dog bite? >> I don't know what they do with sunshine. Where's my dog? Sunshine Ray. I need my dog. She's my medical device. Where's my dog? Where's my dog? >> Where is my dog? >> Where's my dog? Where's my dog, man? What are you doing with my dog? >> Where's my dog? >> Good. >> Yeah. My hand. >> Why are you doing this to me? >> Sir, we politely asked you for your ID. >> I WAS GIVING MY ID. IT'S ON YOUR WEBCAM. >> I was literally HANDING HIM MY ID. THEY tackled me. >> I gave up. But when we're when we're trying to detain the owner, of course, the dog's going and I asked him to call this dog off. The dog got on the dog got on the hood of the car and the dog began barking. The dog immediat The dog initially barked and bite bit my boot, but it didn't break my boot. I don't I didn't want I did not want this dog to bite my partner. You understand? >> No, I understand. >> Okay. We asked for his ID. He refused us to give us his ID. >> He got bit on the >> and he tasted it. It was coming up behind me. He tasted it before. >> Where's my dog? Where's my dog? >> No. Yeah, it's it bit Taylor and about to bite me and Taylor. I need your help. >> Taste it. >> Yeah, he did. >> He's been out here all day with that dog. >> Yeah. Well, I politely asked him to stop pan handling. So, I drove off to speak with a witness down there. >> Are you good? >> Good. >> It didn't break everybody's here's what happened. >> His dog initially bit. >> NO, YOU TEASED MY DOG. MY DOG WAS RUNNING away and he shot her while she was running away. >> I didn't shoot her. I tased her. >> Yes, he did. He tased her for no reason. My dogs never hurt anybody and neither have I. >> I'm not sure. She's mad because he's here all the time and they don't like they don't like the fact that we had to do what we had to do. >> I just smile and wave at people. >> I'm just going to give you a background on the whole story. >> We told I came out here last week. All right. He was in the median. I told him to remove from the median because he is begging for money. He says, "I'm just waving. I'm not doing anything." I was like, "Okay, well, at least you have to get off the median. Okay, you can't be in the median." >> He's like, >> basically, he's like, "Well, I I can be on the sidewalk." He went over to the sidewalk. I let that be. Okay. Today, Brooks was out here with him. She watched him. She saw him take money from people, getting money from people. You can articulate that is soliciting money because he's standing in the median after I told him last week not to do the same thing. Uh, I guess he refused to give Brooks his ID. >> He refused to give Brooks his ID, so he gave us his VA ID. And I said, "No, not your VA ID. I need your your license." Okay. I understand the VA ID doesn't have certain information on it. I'm also I'm also I'm also a veteran myself. I I get it. >> Okay. So, um, he he starts getting angry and whatnot. He's like, "This one is not valid. This one is not valid. Take my VA ID." I was like, "No, sir. I need your state ID that you have. And I go and he starts hollering and keeps like shoving in my face saying this is not violent. And I try to get it from him. He doesn't give it to me. Okay. North Carolina ID. >> His North Carolina ID. Cuz we're trying to identify him. >> So I go to put him in handcuffs. He starts resisting saying help, help, screaming, "Help." His dog starts looking worried and whatnot. He runs over. He runs over to my foot and he nips it like he like he nips at my foot. doesn't net, but he actually bites my boot, but it doesn't break my boot. At that point, I'm telling him to call off his dog. >> Okay. He back here. >> Yeah. At that point, yeah, that's exactly where it was. I told him to call off his dog. The dog jumps up on the hood, and I'm thinking it's going to bite Brooks at this point as we're doing this because the dog is obviously worried. >> It's trying it's going to try to protect his owner. It already bit me. >> So, at this point, once the dog looked like it was about to get close to Brooks, I tased it >> because that was the logical thing to do. So my partner, it ran away. That's a logical thing to do instead of shooting the dog. You you get what I'm saying? >> And so I can protect my partner >> cuz I'm not about to let my partner get bit by a dog. The German Shepherd >> like a German shepherd next to >> I don't know where my dog is, man. Where's my dog? >> Let me explain it to you. Okay, listen. >> I asked you to get your stuff and not >> that gives you no right to tase my dog. I did not tase your dog. >> You tackle me. You tackled me for no reason. I was randomly handing him my ID. >> After he told you he was under arrest, you started to resent. >> No, I did not. >> I took you to the ground. No, you threw me down. >> I threw you down. >> Why did y'all tame my dog? I'm a disabled veteran with a dog. >> You want to put him in a car and we'll get him in a parking lot. We open this up. >> Yeah. >> This is my car. Whose car is that? >> In your car. Check them over here. >> I don't know. They won't tell me where Sunshine is. >> Where is Sunshine? Where's my dog, man? >> I don't know. His dog. >> Where's my dog? >> Dude, what are you going to do with my dog? >> How big is the dog? >> Uh, it's about this big. And it's a very well-trained dog. I asked him multiple times to call his dog off. I was like, "Sir, call your dog off. Call your dog. >> Bit me." >> Yeah. After it bit me, I said, "Call your dog off. Call your dog off." I did not want it to bite Brooks >> cuz we cuz we were >> No, it was coming up behind me. >> Yeah. came up and this can all be seen on camera. >> After tasing Sunshine, she fled the scene. Several of the witnesses that had been kind to Josh in the past attempted to find the dog after the incident. Later that day, the local news reported that Sunshine was safe with a friend of Josh. >> Now, while he was in custody, his emotional support dog, Sunshine, ran away. Roar's VA advocate, who was taking care of her while Roar was in jail, says she got loose. This was likely a false narrative issued to the press by the police. What actually occurred was far worse. Shortly after being tased by Officer Taylor, Sunshine ran into traffic to escape and was hit by a car. Josh was jailed and charged with panhandling related offenses and resisting arrest. About 2 weeks later, Magistrate Mark Oaks, who presided over Josh's initial appearance, posted inflammatory comments on Facebook about the case while it was still pending. He implied Josh's guilt and claimed insider knowledge. In July of 2022, all charges against Josh were dropped. >> The police department said the officers had received a complaint about a panandler. Ror was initially charged with panhandling and resisting arrest, but those charges were dropped. But over the next couple years, the city of Gastonia Police Department engaged in a prolonged social media campaign, posting hundreds of disparaging and misleading comments about Josh via official accounts. >> Gastonia police are harassing people on their personal uh social media, attacking them in their own comments on their social media. I don't know who gave you guys the foolish advice to help our cause by attacking people on their social media, but keep it up. And in June of 2023, Josh filed a lawsuit claiming First Amendment retaliation, excessive force, unlawful seizure, ADA violations, and defamation. >> After his controversial arrest in 2021, attorneys for Joshua Roarer filed a lawsuit claiming city officials made disparaging remarks about him online following the incident. Gasonia police say they are reviewing what happened to determine if officers followed all policies and procedures when making this arrest. >> Not surprisingly, one of the officers father worked within the department's internal affairs division. >> We don't want the answer that the local police is giving because you can't trust that. You cannot trust the police to investigate themselves whenever one of the internal investigators is a father of an officer involved. There is a reasonable expectation that nepotism is at play. >> The next month, the Georgetown IAP filed a judicial misconduct complaint against Magistrate Oaks for violating judicial ethics rules by commenting publicly on a pending case. >> They have filled the city hall with uh city workers and are guarding the doors with police officers uh denying us entry and access. um basically infringing on our first amendment right. >> In the middle of our interview, a sudden change of plans. >> They're they're letting our speakers come in to speak for public expression. >> The police have power in weapons, authority, state support. They can act with zero concern of facing accountability. Joshua, on the other hand, he had his beloved service dog. The only thing connecting him after he was broken in service of our country overseas, he fought these demons and Sunshine helped. At every single step, the people in positions of authority lied, abused their power, and hurt people and animals. Now, I know your hands are somewhat tied in what you can do, but there are some things you can do here. You can join us publicly and calling for uh DA Page to officially request an investigation. you can call for justice. >> I'm just at a loss for words. I I really don't know what to say anymore because everybody's already said it a million times over, but you know, I'm struggling. This has been the worst time of my life. And uh thank God that I have all these supporters here for me and uh everybody in my corner to help me get through this because otherwise They took what helped me get through that, which was Sunshine. This is all I have left of Sunshine right here is her ashes. And I just can't believe that Travis Page wrote that statement that he wrote saying that it was his opinion. Well, it's the majority of the nation's opinion that I was violated, my rights were violated, and I was wrongly arrested, and Sunshine was tased for no reason. It's all on the body cam footage, and y'all refused to do anything about it. But that's okay because there are higher powers involved. >> Amen. higher than y'all. And guess what? If y'all don't do something about it, we're going to make sure that you're voted out of office. [applause] Two years later, in July of 2025, the officers were denied qualified immunity. The defendant's arguments to dismiss the lawsuit were rejected and the case will now move forward with discovery and further proceedings. And when the case concludes, I will be sure to let you know. Another big thanks to Freeash for sponsoring today's video. Try the app today by using my link below or by scanning the QR code on the screen. You'll get a $5 bonus just for starting your first offer and it doesn't cost you anything.