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- 2026-10-22 12:06
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No one's burning leaves. >> Okay, sir. So, uh do you have your ID on you? Uh no, I'm not going to give you I'm not going to give you my ID. Arson. Uh arson. Oh good god, you got to be kidding me. If you knew the statute, you would understand what it is. >> I'm going to have your job. Okay? >> really? >> You're You're Yes, I You're an idiot. >> Okay. Welcome back to the Lackluster Channel. In early November of 2025, Officers Holder and Goodman of the Brownwood Police responded to a local residence, followed by the Brownwood Fire Department after receiving a report of something burning in the area. Do we have an exact address? Upon their arrival, they learned that an elderly man was burning grass in his front yard. How are you, [snorts] sir? I'm good. Do you know anything about the uh the burning going on back here? Um there was an old man that lives there. He was out there burning his grass. >> Okay. >> I I don't Okay, got you. Okay, thank you, sir. Well, it's like he's done already. Yep. Let me see your If you're burning grass, it's a burn ban, and this is what they call arson. Okay. Don't tell >> Hey, sir. How you doing? I'm Officer Holder with the Brownwood Police Department, and uh we're here about the uh burning the grass here. Um burning the grass. Well, let's talk about that. Let's talk about that. >> Okay. Joe Cooksey has managed the Brown County Watchdog Facebook page for almost 20 years, exposing corruption in his local government. Joe is also licensed to conduct emergency ham radio operations. He was scorching the grass in his front yard using a propane pair burner to prevent the remaining grass seeds from sprouting. This is a normal landscaping practice called flame weeding, and is a necessary operation to install a vertical radio antenna, as it requires nearly 2,000 ft of radio ground wire. If grass grows under the wires, it would disrupt the antenna's performance. Singeing the grass is less than creating a damn I guess somebody called you. Singeing the grass >> Who called you? Singeing Singeing the grass is less than uh creating a charcoal fire in my backyard. I'm trying to This is a ham radio tower authorized by the Federal Communications Commission. I'm trying to kill the uh the grass burrs in the damn yard. Okay. There's no grass fire. No one's burning leaves. >> Okay, sir. So, uh do you have your ID on you? Texas Penal Code section 38.02 makes it the only state in the US that requires a lawful arrest instead of a detention to require a person to identify to law enforcement. Joe refuses to identify himself, and Officer Holder places him under arrest for arson. I No, I'm not going to give you I'm not going to give you my ID. I don't need to give you >> your hands behind your back for arson. You're under arrest for arson. Arson. [snorts] Uh arson. Oh good god, you got to be kidding me. Y'all are some of the dumbest [ __ ] I've ever seen. Yeah. Well, you're welcome to your opinion, sir, but it doesn't really matter to me. Arson. [clears throat] If you knew the statute, you would understand what it is. >> Officer Holder had read the arson statute, he would understand what an unlawful arrest and civil rights lawsuit is. Using a propane torch to kill grass may violate the city's burn ban. However, arson requires that a person intentionally starts a fire to destroy property or acts recklessly and endangers life. Scorching grass [music] does not typically cause it to ignite and lacks intent or recklessness. Not to mention, this was a warrantless arrest, and Joe was standing on his porch, which the Supreme Court has declared to be part of a home's curtilage and receives full Fourth Amendment protections. Tell me >> Step this way, sir. Hey, just I don't need to answer questions, sir. Ease up. Ease up. >> Walk with me, [ __ ] Ease up. >> Watch your mouth, sir. No, I don't need to watch my mouth. You're a [ __ ] Yeah? Well, what are you? >> [ __ ] What are you? I'm I'm I'm a straight guy. Are you? You're a dumb [ __ ] >> Are you? Yeah, you are. Well, no. I'm a what? You got your body cam going? What do you think? You got Well, I hope you do, cuz Cuz what? Cuz what? >> Arson. I'm burning what? I'm burning some I'm burning seed. Can you Can you [ __ ] fix this thing, guys? All right, sir. Go and stand right here for me. You got anything on you that's going to pinch you, poke you, or hurt you? >> have anything on me. All right. Don't be grabbing anything. No, and you wanted my ID, and you decided you would arrest me cuz I didn't give me your And you arrested me for what? I've actually insured you, sir. It's for arson. Okay? >> Arson. Explain to me what arson is. You can talk to your attorney, and they can get all that before you. >> to my attorney. I'm going to [ __ ] you over, son. What does that mean, exactly? Go ahead and elaborate that for me. >> No, I'm going to have your job. >> really? >> You're You're Yes, I You're an idiot. >> Okay. You're an idiot. >> You're welcome to your opinion. Everybody's got one. Yeah, you're an idiot. You're a dumb [ __ ] Try to keep talking. And so is Goodman, but I know you you were in the So, you're arresting me for arson. Arson. I haven't got his ID yet. I'll give that to you momentarily. You got Can I keep holding this? Yeah, you You can't You I'm telling you what you did. You said, "Give me your ID." I said, "I'm not going to give it to All right. Go ahead You arrested me because I wouldn't give you your ID. But I only have to This way, sir. I only have >> This way, sir. Just ease up. Ease up. I'm 70 [ __ ] years old. Okay. I'm not being rough with you. We're going this way. Walk with me. He asked me for my ID. There's no reason why I can't I've not committed any crime. >> for me, okay? >> Well, you're going to have to help me, cuz I'm >> Yes, sir. I can help you. I won't let you fall. Take a step up if you can, okay? I won't let you fall. >> no, I [ __ ] I can't take a step up. There you go. Yep. These things are too damn tall. >> Okay, we'll get them taken care of as soon as we get you in the car, okay? Well, I'm trying to get into the car. I'm not going to sue the city. I know. I know. >> ID, and and he arrested me because I wouldn't give him his ID. You I only have to ID if I'm under arrest. Can you just grab my ass and help me? >> You want me Okay, I'll tell you what. You lift right here. You ready? All right, go ahead. There you go. Yeah, you got it. You got it. Well, you you need you need to You need to loosen up these cuffs. >> Okay. When we get you in here, I can help you with the cuffs, okay? Yeah, cuz they're [ __ ] All right. Are you in there pretty good? Turn this way and let me let me take a look at the cuffs here real quick, okay? >> Yeah, they're [ __ ] tight. >> So, that's two fingers right there. Well, whatever you got going >> And that's two fingers right there, okay? They're not too tight, so I'm going to leave them how they are. >> I'm I'm guilty of arson. Oh god almighty, you Another officer now arrives on scene. >> [snorts] >> Yeah. You need anything from me? Nah, I just need you to take pictures of this. Um you might check with Goodman and him. Somebody needs to stay with him and watch him. Okay. Um Hey, what? See if the uh his house is locked or if he wants us to lock it or what. Mr. Cooksey, I just explained I I was able to get two fingers on both sides of your cuffs, okay? So, >> they're too You What do you think I'm going to do, I'm 70 almost 70 years old. As Officer Holder takes pictures of the murdered grass, the firemen on scene ask a revealing question. Take a job of it. No, I didn't get it. >> Well, that's That's beside the point. It's the uh you know, it's it's a violation of the statute. And we're in a burn ban. Yeah, for sure. And I know who you are. I know who both of you are. >> Okay. And you know that I've ripped the Brownwood Police Department's ass more than once. But you've got something pinching on the back of my What What's pinching? >> Can you Well, just look at it, okay? Hey, Mr. Cooksey. Maybe Maybe Maybe it I don't know what you think I'm going to do. I don't have any weapons on me. Mr. Cooksey, I don't think you're going to do anything. I just told you look. It's okay. So, you're good here. Are you able to get your All right, let me fix this one for you then. You can >> no, that's the You can twist your your wrist around the proper way, okay? >> Well, I don't know how to twist the wrist now. One second. Hey, Mr. Cooksey. Uh if Is your house locked up or would you like us to No, my house is not locked. My wife went to get the grandson. Bring him Bring her back. I need Would you Would you like us to secure your front door lock for you, sir? No, I don't want you to [ __ ] go into my house. >> I'm not going to go in your house, sir. >> And you're saying I'm accused of arson. That's That's what you're under arrest for is arson, yes, sir. Arson. And what is the Can you give me the elements of arson? Sir, I'm not the arresting officer. Oh, you're not Who Can you arrest like this, Mr. Cooksey? It's Officer Holder, the one that that put you in handcuffs. >> Holder. Uh he said he didn't want us to go near his house. But he wants us to lock the door up there, you think? That's right. Wait a minute. Before you Can you open Are you got the windows down? Windows up Windows down, yes, sir. Windows very down. Can you get the the fire chief over here? They're They're doing their business. We got ours to do now, so All right, guys. Thank you. Oh my god almighty. You need anything else, 46? Nothing at all? >> Let's just go to jail. Burning during a burn ban is a city code violation, but arson is a criminal offense. So, the firemen called the fire chief to the scene just to make sure they wouldn't be liable. I guess the chief is coming just cuz of who it is, Okay. Cover the bases. Got you. I know I know we're in a burn ban right now, but that's against city ordinance. Yeah, against city ordinance. It's got to be contained in a in a grill over it. >> Yeah. And all that good stuff. It has to has to be cooking Yeah. purposes. Hey, Sarge. So, he burned his front yard. Had a propane tank and a wagon with the blower torch on it. And he did all that and you know we're in a burn ban and the statute is ignition of fire within the city limits of the dwelling if it continues and burning vegetation. Officer Holder claimed it was arson because Joe burned vegetation, but that only applies on open space land. Subsection two must apply for the charge to be valid, but is limited to buildings, habitations, and vehicles unless the burn is done with recklessness to endanger life or property. I wouldn't think this would be too good to do that around your your ham antenna. Yeah, I don't know what he was talking about. Beats me. Not something you'd have caught me doing. Yeah, I mean I I thought I thought I was reading that. I'm familiar with the statute. So I'm I'm comfortable with that because we have a uh I don't know 30 by 30 patch that's burned in front of the yard. You know, and he said he came out of his house and he said I'm burning grass, I burned this, you know, to get seeds out. And I'm talking about his radio tower here that he's got. So I'm like, "Okay, you admitted to burning grass in the city." You know, there's your blower torch and everything. It constitutes arson. Wait, he's an idiot. He's stupid. He's stupid. Sir, ARE YOU STUPID BY CHANCE? SIR, YOU MIGHT BE STUPID. YOU MIGHT BE STUPID. >> YOU'RE WINNING. WAIT, I HAVE THE CURE. WAIT, SIR, I HAVE THE CURE. I HAVE THE CURE, SIR. You take this quick. JUST TAKE IT QUICK. THERE'S NO TIME. Hey Sarge, hang hang on just a second and I'm going to send you a picture, okay? I'll send you a couple pictures. Hang on. While speaking to his superior, a fire chief arrives on scene. Uh-oh. He was asking for a fire chief. He found one. Oh, yeah. Yeah. He burned his yard. So I've got him in custody right now. I'm talking with uh my people. Okay. Hey, are you there? Okay, I just sent those pictures. Okay. Bye. So burning vegetation in the city with a propane Yeah, it's an illegal burn. So I I took him for arson. No, it's not arson. It's not arson. What is it? Illegal burn? It's just illegal burn. Uh usually they tell him to put it out. Okay. So what class is that? It's a class C. Uh yeah, that's true and all the pictures you need to get. 10-4. Well, the penal code says burning vegetation within the city limits whether the fire continue, you know, after the point of ignition or not. >> So now if it was a burn over here on his property, that would be arson. But on Not his own property? Yeah, it's Yeah, it's not arson. Okay. It's basically it's it just an illegal burn in the city limits. Well, basically we come over and tell him to put it out. And if he had a brush burns, then then that's when they get him. Okay. Hey Sarge. Hey, my air tone was Archie. He says because it's on some property, it's not going to constitute arson, but it will still be an illegal burn. Um yeah, we'll we'll cite him and release him. After all that, Officer Holder still pushes for a citation, but it appears his superior advised against it. Okay. Well, I'll tell you what, you want to give him a verbal warning and just release him. Yeah. We'll just we'll just we'll just get him out of here and cut him loose. I don't see the point of that either. All right. Bye. Bye. After being informed of his mistake, Officer Holder apologizes to the 70-year-old for pushing and dragging him. Can I ask you why? Step this way, sir. Being overly aggressive with him. Hey, ease up. Ease up, [ __ ] >> Ease up. Watch your mouth, sir. The unlawful search and seizure and unlawful arrest before letting him go. And you're arresting [snorts] me for what? I've already explained the charge to you, sir. It's for arson. Just kidding. All right, Mr. Quicksey, could you please step out? Well, yeah, I thought I could [ __ ] step I have to help me. I'm almost 70. All right. Yeah, it's not [ __ ] arson. Yeah, I'll just go off on something. I'll Do you want to hear a funny story? Not really. You don't want to hear a funny story? >> Not particularly, no. Yeah, I know. Because you're a dick [ __ ] head. That's >> You're welcome to your opinion, sir. >> Yeah, I am. You're a dick [ __ ] head. Here you go, sir. Here's your wallet. Thank you. You're released. Good luck. WHAT AN IDIOT. WELL, LUCKILY THAT GUY WAS STUPID. YOU were in the shootout. Yes, sir. Damn good shootout. Thank god he showed up cuz this is not arson. But when you ask me When he asked me for my ID when I've committed no crime, I don't have to ID myself because I'm not under arrest under in Texas. Okay. And he just jerked me around cuz I wouldn't give him my ID. It's not arson. I'm just trying to Oh, yeah, he's running off like a [ __ ] okay? All I'm doing is trying to kill the grass burr seeds so I can lay my ham radio radio wires down for an FCC I'm a licensed FCC operator for emergency communications. Thank god they I'm upset. That [ __ ] should be put on my card. He just wanted to jerk off on me. Okay. Well, Mr. Quicksey we're we're going to get out of here and let let you back to your business, okay? If there's anything we can do for you, give us a call, okay? If somebody wants to give me a citation for This is nothing more than a [ __ ] van. Look, this is nothing more than a turning my grill on, charcoal grill on the back yard. >> Okay, they're not exactly the same thing, but I'll let you talk to to Chief Horton about that, okay? If you need us for anything, give us a call, okay? Thank you, sir. Joe is currently looking for an attorney and as updates become available, I will let you know. Be sure to check out the Brown County Watchdog Facebook page and let me know how you feel about the way these officers treated a senior citizen of their community. >> [music] [music]
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