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you know as a police officer you know full well you cannot be intoxicated while having intoxicated I've been drinking I give you that picture this it's the 4th of July you're having fireworks everybody's over it's also a kids's birthday party you're having a great time but then the neighbor who says he's a vet with PTSD comes outside with an AR-15 and threatens you with it he came over here raising hell cussing he's a military vet he hates fireworks that brings back me old memories okay so you call the cops and the cops show up but this neighbor just happens to be an off-duty police officer you're kind of putting us in a position I don't want to do this to a fellow law enforcement officer what happens I'll show you as a practicing civil rights lawyer I'll go over some of the rights at play here that people should understand and if you like going over police encounters and interesting and important court cases and learning about your rights Please Subscribe because I try to put up 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them and then aimed his rifle at them causing them to run away scared and to call the police so what needs to be going on man everybody around here is fireworks the guy right here right back there right he came over here raising hell cuss and he's a military vet he hates fireworks that brings back me old memories okay he's got an AR on him he pointed out and he he he he scrunched down and aimed it at us and we all took off running okay so he was did did he come up to the he to the fence and started cussing at us tell and and then he pointed the AR yeah pointed us so we me and him we we took offing them like crazy while we were doing the fireworks he he got the flashlight on it out at his property yeah he was sitting uh you look at that tree back there towards the building d stand about over there shooting all my neighbors out yeah we put on a good fire show every year all the neighbors watch Neighbors and then um dang this freaking radio in my and then it's crazy that someone start problems on Fourth of July I mean you know it it is I mean but and with the military vet I but at the same time you're over there shooting guns that are 10 times louder than our fireworks exactly I mean cuz it was really quiet it wasn't really loud at all and he definitely has he definitely has a flashlight cuz I seen him it toward back he I seen him down when the firework went up and he was down like that and I got all I had to get all the kids inside this is a birthday party too the situation could have been approached a lot more civil like hey guys look I a veteran it is kind of you know messing with my PTSD can you guys either tone it down or is there something you guys can do I understand it I mean you know a little more silly instead of pointing a gun at somebody with kids in the household Eder claimed that he had the rifle slung on his back and that he was just trying to get the group to point their fireworks in a different direction because he has PTSD from the military he also admitted to having fortified drinks and can be heard slurring his words in the body cam video which was just released you're Mr Ed yes sir okay you work for who miam Township miam Township I so all I called who Dakota Dakota cops okay cop yep so I called him okay they're blowing this all coming over in the field I've just been watching lately like where the fields have been catching on fire because the so I went over and ask him how howd you want to tell him sword I'll fill him in going on all right go you can goe man so what's going on so what's going so I I was just like hey you're shooting a bunch of fireworks over in the field let's back it down a little bit and they're like well screw you we can do them whatever we want we're shooting them this way the wind the wind gods are taking them where they need to go like okay well when you're shooting in a ditch pointed this way they're going to go this way yeah so they're like oh well who cares screw you so I'm like all right cool I was like I'll call the cops call the cops I walk away that was it okay they're claiming from from my from our understanding they're claiming that you had the rifle mhm came over there in aggressive manner you know hey the guys knock the fireworks I PTSD I'm a veteran etc etc and then they said they were claiming that you took the firearm from your back and then knel down in the ground KN kneel down and then pointed the firearm in their direction that never happened and they they claim they you put under the firearm in their Direction um never happened never even chambered around it was it was an empty chamber okay it was an AR was an empty chamber okay I just throw on my back because it I couldn't really throw a pistol on my shorts okay yeah and did your firearm but you like I said you did have a firearm on you I mean it was it's it it it was a tight slam to the back it wasn't even like a patrol swing it was a swing on my it was actually on my back it wasn't like up here it was a on the back swing okay so of course we have a Fifth Amendment right not to incriminate ourselves and here even though this guy's a police officer they're asking him questions and he's answering all the questions and thereby generating statements that no doubt could be used against him or will be used against him in court after the fact the other officers have not advised him of that fact fact which they don't have to do why because he's not in custody yet reading Miranda rights only becomes necessary when you have two things custody plus interrogation so here we sort of have interrogation but we don't are missing the custody because he's not under arrest yet nine times out of 10 most of the evidence against any criminal defendant are so-called voluntary statements that were made by people where police officers are just asking them questions and they're answering with incriminating stat statements and here even though this guy's a police officer and should know better either he doesn't know better or the fact that he's clearly intoxicated is causing him to make poor decisions and speak to the police or perhaps it's just his arrogance thinking that the Thin Blue Line from this neighboring jurisdiction is going to cover this up for him all right they're claiming that you know they I mean they have three four Witnesses saying that you took the gun off your back and then you pointed the gun in their Direction nope okay all right so how long have um how long have they been firing them off probably a couple hours couple hours okay at what time yeah cuz actually when I was talking he he could hear so what time uh and like I saw him I didn't get to share with you I was like hey I don't care if you shoot him off do whatever but can you shoot them that way mhm because I mean this way mm the fields get R they catch on fire I mean I've seen that recently what time did you go over there how long ago probably a half hour half hour ago yes sir so like I said that was all I asked them was they they had them out all front front on the road I'm like hey can you find them that way M so no the wind Gods decide where they go not us I'm like well if you point them this way the wind gods are going to let them go okay so why did you decide to take your firearm over there well I I I always say gun some I just didn't have I'm we sorry I'm wearing I didn't have anything to put it so it was a tight swing on the back it wasn't it wasn't attach swing out front it was like on my back okay but why did you feel the need to take a firearm over there various whatever so I just wasn't going to go over and talk to them unarm have you ever had contact with them before no sir not never before ever no sir not at all okay but you you still felt the need to take a firearm slung on my back right not not even chambered around chamber that's that's fine and dandy how much have you had to drink tonight couple uh probably four or five cuz I can smell it on you well I know it's is a holiday right which is perfectly fine I don't have firearm as a as a police officer you understand it's called Weapons Under intox weapons while yeah weapons while intoxicated yes I just wanted to sleep dude I mean at the end of the day I just wanted to go to bed okay but you understand that you're kind of putting us in a position I don't want to do this to a fellow law enforcement officer you're tying our hands you understand that right as a police officer you understand that right I called you guys I understand you did actually no they are the ones that called is it not they were the ones that called yeah call I don't I I understand I don't understand your phone number I apologize okay but what I'm getting at is you know as a police officer you know full well you cannot be intoxicated while I'm not intoxicated I've been drinking I give you that but I also have stand of the ground stand your castle castle doctor and whatever the roadway is not stand your Castle stand your ground that's public property I'm sorry you can't do that so I'm just sorry I've lost some friends man I've lost friends I understand I was in the military I get that I I just I've lost friend and it's heart it's just you know the more it goes on the more you hear the bang bang bang it's like you watch your friends go okay but you understand just as well as I do that you can't do what you did but I didn't right didn't go over there and threaten anybody I didn't I SL I'm getting conflicting stories then what you sell in our shoes I get it and like I said I get it but like I said it is conflicting stories do they have videos of me doing any of this you even admitted to me that you walked over there while You' just let me speak while you've been drinking with a rifle on your back going over there to towards their property confront okay but I don't know who those people even were like I've only ever seen adult people there these were like younger kids what no they weren't younger kids I'm sorry the ones I saw that look they look to be younger kids all right like I mean like 1618 I'm sorry yeah yeah as I was walking away like it still was flung on my back and like they they touched off something like close to the ground I kind of looked around and they're all like oh like it was still slung on my back I mean I didn't do anything but you got to I mean you got to understand from their standpoint they're out there with fireworks man you know you've got a rifle on your back and then you make a quick turnaround with a rifle it's still on my back it's not up here but think about it though I mean you know if you're walking that way if I see you in my yard or if I see you out the in the yard I can't see I'm not in the street I'm not in the yard I'm in a street okay so you're in the street though but I can't see you though that's the thing I I can't see further anything out there they don't have a flashlight or anything is Chambers working Chambers yeah I don't know who that is you don't know who Chambers is yes sir no he's no longer working here he's name dropping do you know Chambers that's sort of a common theme that you see in the double standard body cam cases where the police are investigating other police officers or judges like a recent video though was he treated with a double standard here I mean I'm I'm just trying to understand man like you cuz I can see it from their standpoint you know but you can't see it from unfortunately no I can't because you know they're shooting on fireworks and I get it and it's going on for hours and hours and hours it is the 4th of July weekend but but it's coming over into my field okay that I own my field and but and and like and again I and I understand everything about that but I'm having a hard time understanding what was the reason for the rifle it was just I I just I don't know that I've just I've heard from several people I mean I don't know that I don't know that I don't know them at all and me I can clearly I mean I don't know if you can I can clearly hear kids over there man course I don't know anybody in by no and I get it it was trapped on my back I wasn't going over in Patrol speed like you know going up it was strapped on the back yeah nothing not around the chamber yeah strapped on the back and like and like officer Myer said man we're getting too conflicting stories they're saying you pointed it at them and they're saying that you you know went over there kind of you went over there an aggressive and an aggressive manner well and here you are stating that you went over there asking politely to you know do whatever I find out to them I'm like hey look see your fireworks your all your fireworks here are all pointing over my field okay they're like well the wind guys decide where it goes I'm like well the wind guys don't decide where it goes if you have them pointed in a certain direction they go that direction yeah I like you have all that fi behind you put it that way that was it I mean I said there there was no aggression there was no whatever Eder is now facing 16 counts of aggravated menacing and one count of handling a weapon while intoxicated but this is the time this year that Eder has been placed on paid administrative leave as he was previously disciplined for failing to follow up on a harassment claim and indicating an intent to retaliate against an employee so he was charged with multiple counts of aggravated menacing so in Ohio making threats can result in either menacing or aggravated menacing charges depending on the type of harm allegedly threatened for menacing the prosecution must prove that you knowingly caused another person to believe that you would cause physical harm to their person property unborn child or immediate family what makes aggravated menacing so the prosecution must prove that you knowingly caused another person to believe that you would cause serious physical harm to their person property unborn child or immediate family aggravated menacing is usually categorized as a first-degree misdemeanor the possible sentence for aggravated mining includes a maximum jail term of 180 days max maximum fine of $1,000 and a maximum of 5 years of probation but get this if the alleged victim is a police officer or an employee of like a CPS agency and the offense relates to the performance of that person's official duties then it's a felony under Ohio law that isn't that ironic under the circumstances that seems like a dangerous law to me if a police officer says that they've been placed in fear of physical of serious physical harm I mean they say that all the time boom they could charge you with a felony in Ohio can the prosecution prove their case obviously there's 16 counts because they're counting up the number of alleged victims I've always been against the theory that you're committing multiple crimes just based on the number of like people present but setting that aside can the prosecution Meet The Elements of this state law crime under Ohio can they prove that this individual knowingly caused another person to believe that he would cause serious physical harm to their person property unborn child or immediate family what did he admit to doing he admits to drinking he admits to taking an AR dropping it on his back and going to confront his neighbors whom he admits he has no reason to believe that they may be dangerous in some way that he needs to bring a fire arm with him and even had that been the case his story is that it was unloaded he didn't chamber around now that's not a requirement under this statute because it requires proof that you caused another person to believe that in this case you might shoot them nobody said that he told them well yeah I have an AR-15 but it's it's unloaded it's incapable of harming you in any way basically he admits to bringing the AR with him for the primary purpose of placing fear because if he if if he thought he needed to use it it would have been loaded he brought it to cause fear or to intimidate and that actually fits this statute perfectly and that brings another question I mean these are misdemeanors did they undercharge that here in West Virginia I have no doubt that they would charge a felony for this if you go and confront your neighbor while drunk bringing in AR and threatening them with that AR I have no doubt that you would get charged with a felony now he's charged with 16 misdemeanors but was it undercharged as part of a double standard according to the news report from the Dayton Daily News which I'll link in the blog post pinned in the first comment the Miami Township Police Department placed Eder on paid administrative leave earlier this month as a result of his pending criminal court case they're going to conduct an independent internal investigation of the incident while waiting on the outcome of the pending alleged criminal charges the department will have no further statement at this time as we cannot comment on personal matters on July 9th Eder pled not guilty to all charges his next hearing is scheduled for August 19th now remember these are two different jurisdictions so the cops who arrested and charged Eder were not his direct colleagues they're in a different County I guess or a different township whatever weird thing the Ohio does so it could be that his agency wants to get past this or wants to cover it up wants to keep him on wants to avoid disciplining him at all he's been there for 24 years it looks like so let's stay on top of this one shall we let's follow up and see what happens with these criminal charges does he really need to be on unpaid leave is that maybe that's our double standard right there generally in these police cases if they want to put them on unpaid leave generally they can if they want to if they want to fire them they can if they want to there's a direct correlation between the amount of public outrage and the decision whether or not they fire somebody or just let them coast along with a paid vacation for the most part I approve of how they acted here I think they could have done without saying look I don't like to do this you're putting me in this position no that should have nothing to do with it in fact he was name dropping he was trying to get special treatment they should have shot that down immediately they didn't do that but they did pretty good they definitely could have done much worse I'm curious to know though what do you think let me know in the comments do you think that these officers handled this situation properly what should they have done differently or what would you have done differently so thanks for watching don't forget to like subscribe and hit the bell for more police encounters and constitutional rights and civil rights discussions remember freedom is scary deal with it
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