jerus Blue wake up man body cam footage you were about to see has never been seen publicly and caused the feds to indict a West Virginia police officer when that went to a criminal trial the jury who saw it found the officer not guilty sheriff's Department man wake up don't be swinging i'm I'mma put you in handcuffs this is some of the most disturbing police body cam footage that I have ever seen you want the solution give me the solution there's the solution do you like that solution i got that problem solver man i got that problem solver huh caliente man I didn't know any better mucho much caliente now could you call him now so I can fix my tie sir i look a mess i'm all disheveled stop fighting stop fighting we can do this all night man do this all night long stop stepping on me you wait ride and shine that's it yes sir sorry sir yeah man you need to watch it Winston you need to watch it cuz you've been real shitty with me if you step at me like that again I'll you up Winston you understand me yes sir i'll never do it again sir push your sleeves up let's pretend that you are a juror i'll show you the evidence give me your verdict i want to thank all of you for celebrating with me passing the 1 million subscriber mark it's nice to get nice messages earlier this month though I got a really hateful message just out of the blue apparently it came from a family member of a police officer that I did a video on back in August of 2022 it was about a West Virginia deputy who was arrested and indicted by the feds and at the time I could not show the body cam footage it was not available anywhere on the internet because it was being used in this prosecution i sent a foyer request for it but it was denied as I detailed in that video over two years ago after reading this hate mail that I recently received that said "Get your facts straight." That said "I lied." That called me a fraud and a fake lawyer and a punk and told me to go myself loser and it included part of a story about this same police officer being found not guilty ultimately in his criminal prosecution so I responded to this guy that's right i remember this case thanks for reminding me now that the criminal case is over I'll send another foyer request well just a couple of days ago I got that footage in was this deputy completely innocent was he the victim of a tyrannical federal government prosecuting him for political reasons let's look at the footage together i'll try to be fair and you can reach your own conclusions this incident occurred in Monongalia County West Virginia that's where WVU is up closer to Pittsburgh these are the facts of what happened according to the US Attorney for the Northern District of West Virginia Deputy Lance Caretsza and six other police officers responded to a disturbance at the residence in hotel on January 20th 2018 an investigation at the scene determined none of the suspects broke laws or would be arrested but hotel management asked that they be escorted from the property but if we don't have any probable cause for an arrest you got to be packing your stuff we'll be waiting for you off the property we're trying to stop you guys from getting arrested if we tell you don't go in there don't go in there we tell you to be quiet be quiet we're trying to figure out a way to get you guys out of here so nobody gets arrested as the group exited the floor Caretsza ordered one of the guests to open the door to a nearby room where he found the man sleeping carrettza then allegedly began to shake the man and hit his feet to wake him up when the guest explained he was sleeping Caretsza threw him off the bed and beat him as the contact escalated Caretsza restrained the guest as the six other officers were in the room this particular victim had a flashlight in his face and thought it was his friends just messing around with him it turned out it was a sheriff's deputy and from there it got really out of control caretsza battered and used pepper spray on the victim while the victim was handcuffed then while the suspect was being taken out of the property Caretsza allegedly continued to use unnecessary force then the police report that was filed after this happened did not indicate the pepper spray had been deployed after handcuffs were put on the victim in fact it said that pepper spray was deployed before handcuffs were used which was not consistent with the video evidence that we have now this is the narrative that Deputy Lance Caretsza wrote in his report deputies were advised that there were multiple males fighting and there were threats being made to shoot someone upon our arrival we made contact with two rooms of males in various states of intoxication i made contact with a male later identified as Quinton Graciano who was lying on a bed inside one of the hotel rooms i announced myself several times but Graciano refused to get up i attempted to shake Graciano awake and he pushed me away i eventually was able to wake Graciano fully at which time he struck me with his fist graciano then rolled out of the bed and a physical confrontation ensued here's the actual footage sheriff's Office step out for me oh sorry sir take your hands out of your pockets step out of here hands out of your pockets yep sir there you go sorry sir what's going on step out keep your hands out of your pockets i'm not tell you step outside hands out of your pockets i don't know how many times I have to tell you stop moving do you understand me mhm keep your hands out of your pockets out of your pockets okay i'm good what's going on with you what's up what's going on nothing what do you mean something's going on here cuz we're here what's going on nothing what do you mean i'm I I I'm in this hotel room okay was there an argument or a fight no nothing no give me your ID you can have it okay they just said that there was a fight so what's your malfunction no malfunction you can ask them no I said what's your malfunction cuz they're all admitting that there was a fight you can ask them i don't know they did ask them i'm asking you cuz I asked you if there was a fight and you said no that as far as I know there wasn't no so you're sitting here and there's six dudes fighting in the room and you have no idea what's going on you're being very unhelpful and very uncooperative 1,000% yes 10,000% yes what 10,000% yes if there was a fight I was here for it unknowingly you're that drunk no I I I was here stop talking buddy Craig's laying on the couch and he's laying there so I'm like obviously we're getting calls that you guys shoot each other and all kinds of stuff maybe you were just saying just as dude that's my brother that's my We're all friends it was all stupid [ __ ] you 30 minutes ago how many times did I promise you 272 and these are both you're fine man just don't stick your hands in the pocket take your hand out of your pocket what room are you in sir who's in hey relax put your arms i'm in 327 he doesn't have You are yes sir who's the guy that went in there that's in this group i've been trying to get in there but I can't because my key is not let me in me too i was sleeping shut the hell which one i have both i have both rooms but he's up now sorry guys sorry guys what's going on tonight uh we're just hands out of your pockets i don't know how many times I have to tell you stop moving do you understand me keep your hands out of your pockets out of your pockets anyone else needs sir i'm good okay who's in 327 management's getting a key cuz he said he didn't which one the one to your I have I have stand up man stand up y Come on out i probably have a key to that room if they want i'm with I'm with I'm with them see if you got a key probably do but no you say you dropped it does anybody have a gun i don't know there's no gun does any of you guys not been drinking by the way if you're asking yourself well wait a minute can cops just go into hotel rooms do they need a warrant for that if you're asking yourself that you're completely right apparently this was not even part of the criminal allegations against Deputy Caretsza in West Virginia we are in the Fourth Circuit the fourth circuit consistent with US Supreme Court president Stoner versus California from 1964 recognizes that a hotel guest has a reasonable expectation of privacy in their hotel room during their stay there during their teny just like it's a home but what if the hotel management gives the cops permission and says that these people are being loud they need to go well hotel management cannot consent to a police search of a guest's room while the guest retains a privacy interest in the room only the guest can wave their fourth amendment rights absent some other exception so this expectation of privacy in our hotel rooms can only be terminated when the guest's rental period ends i.e checkout time or when the hotel evicts the guest for valid reasons such as disruptive behavior and takes affirmative steps to repossess the room for example locking the guest out or notifying the guest of eviction here while we're told that the hotel wants these people out we see no proof that hotel management has asked them to leave and they've refused we see no proof that hotel management has taken some sort of affirmative step to lock them out of the room or evict them from the room certainly in the middle of the night here this was not their checkout time the other exceptions that might allow the police to enter these hotel rooms under these circumstances would be exigent circumstances such as immediate danger to others or destruction of evidence or there could be voluntary consent to enter by the guest but here since we're dealing with Mr graciano he's fast asleep in his bed he clearly did not consent to anything let's continue what's up no we won't all of us have been drinking all the I'm the one for sure i was unable to Step back step back step back they're looking for chairs blue wake up man sheriff's department hey wake up man yeah yeah go come on sheriff's department man wake up [ __ ] so much stuff happening wake up man wake up oh sheriff's department wake up sheriff's department man wake up don't be swinging i'm I'mma put you in handcuffs you just At that very moment Deputy Carets's body cam shuts off or is turned off which is it i don't know during the jury trial after all the witnesses had testified and the evidence had been admitted Deputy Caretsza's defense attorney asked the judge to acquit him to just take it out of the hands of the jury the judge issued an order describing the evidence that was admitted against Deputy Caretsza so I will read to you the findings by the federal judge who presided over this criminal trial witness testimony has demonstrated Caretsza used force on Mr graciano after he was restrained in handcuffs indeed the government's evidence has shown within moments of Caretsza entering the locked hotel room of the sleeping Mr graciano the force began upon Mr graciano waking to the pokes and prods of Caretsza Mr graciano swats Carrettza with an open hand caretsza's body camera is switched off and somehow Mr dr graciano was on the floor of the hotel room in a prone position in the narrow hall between the bathroom and the bed viewing the evidence in the light most favorable to the government video evidence and witness testimony showed knee strikes and pepper spray deployment after officers Mongold Caretsza and co restrained Mr graciano in handcuffs law enforcement witnesses have testified that when force was being used on Mr graciano while he was handcuffed they did not use force on Mr graciano because they did not believe force was needed at that time there is sufficient evidence to convict Mr caretsza because a reasonable jury could find that based on the evidence offered in the government's case and chief a reasonable officer in his position would find the force used was unreasonable therefore the defendant's motion is denied in other words the judge found that sufficient evidence had been presented by the federal government for any reasonable jury to conclude that Deputy Caretsza was guilty of the crimes charged in the indictment but in a criminal prosecution unlike civil lawsuits where the courts use an objective standard here it must be proven that not only did the defendant violate civil rights constitutional rights but that he did so with willfulness now what does that mean according to the jury instructions given to this jury by the judge a person acts willfully if he acts voluntarily and intentionally with the specific intent to do something the law forbids so if the government can't prove beyond any reasonable doubt that the defendant did these things violated constitutional rights with this specific criminal intention to break the law then he must be acquitted and here although the feds were prosecuting the sheriff the Monelia County Sheriff had this deputy's back the other officers who were involved who were not being prosecuted really muddied the waters about whether or not Caretsza was completely ignorant that he was violating the Constitution and perhaps that's all it took for a jury to conclude well the government hasn't proven what his specific intent was and he didn't testify as is his right so if the jury concluded that he was poorly trained or just completely ignorant they had to acquit him from a criminal federal prosecution that does not mean that he didn't violate this man's constitutional rights this federal judge found there was sufficient evidence for the jury to come back guilty had they chosen to do so so here we go back to Deputy Co's body cam which did catch some of what was happening someone's got marijuana give me your hands oh I'm sorry please don't please don't amen give me your hands give me your hands i got you please stop at least you know how you want the solution give me the solution there's the solution do you like that solution i got that problem solver man i got that problem solver huh that's the problem solver right there that's the problem solver neat you see that unbelievable when I say the other cops here muddied the waters for the jury this is the sort of thing I'm talking about so in the video the jury hears Caretsza talking about the solution and talking about the problem solver we all know what he's talking about this is an excerpt of the jury trial transcript when deputy Ethan Mongold was asked under oath "Well what was Caretsza talking about do you know what the solution or the problem solver was?" This was his answer i don't question do you know why you said give him the solution and remember Mongold said give him the solution responding to Caretsza you want the solution give it the solution when he was asked "Do you know why you said give him the solution?" What was his answer i don't I have no recollection of saying it but he did admit that Mr graciano at that point was handcuffed with his hands behind his back which is crucial because all of these uses of force that occurred while Mr after Graciano was handcuffed at that point we're all unreasonable i mean unless the jury were convinced otherwise get your feet out hey that's all right i'll give I'll give you a little bit of this a little bit of this help me you done moving back up stop fighting man what is that pepper spray it's gale ma'am I didn't know any better much cal now could you call now so I can fix my tie sir i look a mess i'm all disheveled somebody lost their name tag too my name tag too sir really how is anyone going to identify me as a deputy now stop fighting stop we do this all night man do this all night long back up we got We got too many people in this big The internal investigation file did include one more officer's body cam that captured some of the aftermath 127 i was unable to copy the last drink in your basement 28663 07 they're looking for a firearm all you guys intoxicated yes sir but I'm We don't have I we I came back and drugged them off and we were hammered that means Okay if you're hammered don't say anything good you got a lot Everybody's got a license right cuz I'm going to tell you this what right now this what we're looking at you guys will be leaving they want you out okay but if we don't have any probable cause for an arrest you got to be packing your stuff we'll be waiting for you off the property valid subject is clear you want us to drive though i said if you're be quiet we're trying to stop you guys from getting arrested if we tell you don't go in there don't go in there we tell you to be quiet be quiet thank you we're trying to figure out a way to get you guys out of here so nobody gets arrested just doesn't sound so just be quiet until we get it figured out what the hell do this all night long we got We got too many people yeah come on Sarge take care of the top save the top please Sarge up they got them all please I give up i turn over stop resisting stop stepping on me stop trying to stop my feet i'm not trying to help please help me please please stop pretending to after the footage cuts off Deputy Caretsza was also charged with allegedly lying to the FBI and falsifying his report in regards to that the federal judge who heard the evidence during the jury trial had this to say in response to the defendant's motion to dismiss when a reasonable juror compares the video evidence witness testimony and Carretta's use of force report she could find beyond a reasonable doubt that Carrettza falsified his report caretsza's use of force report states he used knee strikes on Mr graciano to gain control of his arms before restraining them in handcuffs by review of video evidence and witness testimony a reasonable juror could conclude Caretsza used knee strikes on Mr graciano after he was handcuffed in the doorway of Mr graciano's hotel room leading to the hallway caretsza omitted use of knee strikes in his use of force report similarly video evidence and witness testimony has demonstrated Caretsza's use of pepper spray on Mr graciano after he was restrained in handcuffs what is that pepper spray it's Caliente ma'am I didn't know any better mucho Caliente but Carza only reported his use of pepper spray on Mr graciano before he was in handcuffs finally Carretta marked himself injured on the use of force form but he never indicated he was also a reasonable juror can review all the documentary video and testimonial evidence admitted during the government's case and chief and find that Caretsza intended to impede the FBI's investigation by his knowingly false statements yeah one second oh come on man to face my property destroy my name plate you wait ride and shine all right what's on this bench man do not be spitting and [ __ ] you understand me Winston yes sir we don't want to go through the whole thing again do we yeah we're good sir all right turn around here and sit down Winston sit yes sir all right let's get some pictures of Winston winston made some poor decisions tonight didn't we Winston i'll never make them again yeah people say that all the time Winston you know what they do though they make more poor decisions i never want to feel yeah most people don't Winston all right look straight ahead look up here Winston look at me man yes sir that one eye not open yes sir how you take pictures of it this person this shame [ __ ] Christmas man winston you going to give me more trouble man you going to let me fingerprint you and [ __ ] we're not going to We're not going to scrap anymore no sir cuz I promise you man i'm going to come out on top again yes sir i believe you sir all right man stand up yes sir walk over there and take a left from that room yes sir want someone take these cuffs off man thank you i swear man like I've been believe it or not this has been me calm man yes sir even when I was hitting you and [ __ ] that was me calm if you try to fight me in my house I will absolutely annihilate you Winston yes sir there's not going to be anything left man do you understand me like I will lose my [ __ ] in here yes sir this is my home you do not come into my home and with me Winston do you understand that yes sir i'm going to do this right cuff you're going to put your hand straight to the back of your head you understand that Winston yes sir now while you do that man I'm I'm going to go eat something real quick i'll be right back yeah he's going to have some He's going have some marks on his torso I would imagine you feel like you feel like they'll they'll use him for that they might call him and ask him call him and ask him i don't think [ __ ] i can't explain the situation that he was combat ask Gum he used to work there hey Gum will they take him like that unbelievable you've become a huge pain in my ass i know i'm sorry sir something I can do to fix it sir no you're It's unfixable want to send you a fooar mean fix it i'll do whatever I can sir i make it right will an EMS refusal work yeah an EMS refusal i mean yeah but we definitely need to you know clean them up what do you think they ask you down here all right Quinn we'll get you up man we'll take some more pictures of you thank you sir stand up yes sir walk over here keep going keep going keep going i got you keep going keep going all right look straight up all right turn your body to the right man did you [ __ ] yourself Winston what is that smell man it smells like feces winston we're going to fingerprint you yeah sir the handcuffs are going to come off listen to me Winston i want to want to refresh you on this man you said that you were done a few times and you continue to fight look man well again I'm going to lose my [ __ ] on you if you at this point my patience with you is done you know what I'm saying yes sir do you feel me on that yes sir all right man take these handcuffs off man thank you so much justing push me man i'm going to you up all right i [ __ ] oh in the ass this was given to me when I very first started this job by someone man if you made me lose it Winston I real upset oh no put your hand straight to the back of your head you understand that yeah sure you good you need further assistance straight to the back of your head Wilson do it now hand to the back of your head hand to the back of your head all right Winston stand up dry your hands off on your shirt man keep your hands nice and dry yes sir all right step over here man we'll do your fingerprints push your sleeves up here a little bit i'm sorry sir yeah man you need to watch it Winston you need to watch it cuz you've been real shitty with me if you step at me like that again I'll you up Winston you understand me yes sir i'll never do it again sir i didn't mean to sir push your sleeves up you know what stand up man i want to do your left i appreciate you want to be super compliant don't be breathing on me man don't be breathing on me there you go i guess we can see why they didn't want to give me the footage outside of like gruesome death situations this is some of the most disturbing police body cam footage that I have ever seen this guy appears to be a complete psychopath the way he treated this guy Mr graciano through all this do you know what happened with the criminal charges afterwards the prosecutor's office on their own unsolicited boom dismissed all the charges like they didn't want anything to do with it i wonder why nobody would have ever seen this body cam but for the feds stepping in there also was a civil lawsuit and it settled for like 175 grand and at first I was like I want to see that body cam because that's a lot but now after watching it I feel like no wonder the civil rights lawyers didn't want to give me that footage because the footage is terrible in my opinion the settlement should have been way way more than that but hey look at what the jurors in that jurisdiction did how can you watch that and acquit that police officer as a trial lawyer I respect jury verdicts i also know that juries get it wrong this illustrates how difficult it is to hold police officers accountable when you have this case and even then jurors who want to be able to trust their police officers will bend over backwards to let them off the hook as we know in our criminal justice system not guilty does not mean innocent the prosecution has the burden to prove beyond any reasonable doubt if they don't meet that burden and perhaps they didn't hear then the jury has to acquit that does not mean that there were no civil rights violations there were other elements in a criminal case and a higher burden of proof than you'd have in a civil rights lawsuit maybe the worst part here is that I think this police officer after he was acquitted this was the real consequence of what the jury did here is now back there in Mongalia County West Virginia with a badge and a gun this police officer who we see through this video seems to be absolutely a sadistic psychopath do you like that solution i got that problem solver man i got that problem solver huh galiente man i didn't know any better mucho much caliente now could you call him now so I can fix my tart i look a mess i'm all disheveled stop stop do this all night man do this all night long stop stepping it Obby oh come on man face my property destroy my name plate you wait ride and shine that's it yes sir sorry sir yeah man you need to watch it Winston you need to watch it cuz you've been real shitty with me if you step at me like that again I'll you up Winston you understand me yes sir i'll never do it again sir i didn't mean to sir push your sleeves off he's out there right now this is the same officer that the FBI concluded that the Department of Justice concluded and that a federal judge concluded lied not just to the FBI but lied in his written police reports yet he is still working as a police officer absolutely one of the most insane videos I have ever covered as I said in the beginning you are a juror now let me know in a comment what is your verdict and why you can follow along by subscribing here and also at the civil rightsawyer.com you can follow me on Twitter JohnBryantesq remember our rights don't end where your fear begins freedom is scary deal with it