put your hands up put your hands up hands off the side you've probably already seen this in the news the shooting that happened in akan Ohio on Thanksgiving Day where police officer using a rifle shot and killed a 15-year-old High School freshman later ided as jasmir Tucker this is what they said happened police said in a news release that two Patrol officers were in a parked police group Cruiser in the sherbundy hill neighborhood as they worked on a report from an unrelated incident they heard gunshots nearby just after 11:00 p.m. Thursday and got out to investigate shortly afterward the officers encountered the youth with a loaded firearm police said one of the officers fired striking the youth who was provided first aid and then taken to a local hospital where he was pronounced dead that's what was reported back on the day after Thanksgiving but now fast forward to yesterday the body cam footage was just released I went through it does it corroborate what the police initially said happened no not at all let's go through this and break it down we still waiting on another Shield all right let's get uh the other Shield up here who else has a rifle I do all right you want to get online with me get [Music] rifles in the 1985 case of Tennessee versus Garner the US Supreme Court established a deadly Force may be used by police only when necessary to prevent The Escape of a of a known fleeing dangerous felon and when there is probable cause to believe that a suspect poses a threat of death or serious physical injury to the officer or others so this ruling effectively limits the use of deadly force to situations where there is an imminent threat of serious harm the case law requires that reasonableness must be assessed from the perspective of a reasonable officer on the scene considering the rapidly evolving intense circumstances officers often face and so you look at the facts that the officer faced under the particular circumstances which brings us to the first problem that we have here despite the fact that this Police Department had a policy that all interactions are to be captured on body cam from the very first second the policy is when we respond to call our officers should activate their body warn camera the officer who shot jasmir Tucker did not turn on his body cam the two officers who initially responded did not activate their body cameras upon exiting the vehicle so we really don't have any good look at it all we have is the fact that his body cam automatically turned on apparently just because of the presence of emergency lights in the vicinity so by the time his body cam kicked on it automatically saved the prior the previous 30 seconds of video footage which did include him shooting but it has no audio so we don't know what was said and because he's holding an AR style Rifle right in front of his body cam camera you can't even see jasmir Tucker at all I mean at all so we can't hear what the officer said or what jasmir said we can't hear what anyone else said and we can't see jasmir there was a dash cam from one of the officers that actually caught the shooter shooting but we have the same problem it does not show jasmir and also we can't hear any audio of what's being said we can hear the shots being fired and that brings us to our next problem which the body cam does actually show the mayor of akan held a press conference and he acknowledged the fact that it's problematic that the officer involved in the shooting or the two officers who were there at that time did not turn on their body cams last night we released several videos from the incident after viewing them I am left with many serious questions the two officers who initially responded did not activate their body cameras upon exiting the vehicle at some point the cameras were automatically activated due to the presence of a nearby cruiser with activated lights and once activated the cameras can automatically store 30 seconds of video without audio but also after this kid was shot twice with a rifle no emergency aid was rendered to him him for a period of about 10 minutes in hindsight the amount of time that expired between the shooting and the initiation of physical Aid to jasmir is deeply troubling to me I want to be clear that any unreasonable delay by police officers in rendering Aid is unacceptable and has no place in akan as you'll see the officers stood around while more officers arrived and they screamed and shouted commands at this kid that they had just shot put your hands out put your hands up hands out the side he was reaching he was reaching right with his right hand again he was reach reaching with his right hand again he was reaching with his right hand hands out to your side suspect right here stop right here put your hands out to your side hands out to your side put your hands out your side suspect put your hands out your side do it now hands out to your side put your arms out suspect put your hands out to your side stay on him suspect put your hands out to your side suspect put your hands out to the side St him suspect put your hands out to your side does anybody have a shield suspect put your hands out to your side suspect put your hands out to your side get your hands out to your sides do do it now keep giving commands suspect put your hands out to your side put your hands out to your side get your hands out to your side suspect put your hands out to your side get your hands out to your side what's up what's up with all these officers on the scene with all the body cams on the scene we cannot now look and see what those officers were seeing we know that they found a dead 15-year-old who had been shot with a rifle but that leaves them in the situation where they can say well he was he was threatening them in some way he wasn't obeying their commands but as far as we know it may have just been a lifeless body on the ground it's crazy that we cannot see the scene all we can see are the guns that these guys are holding but they had just shot a 15-year-old and they just basically are letting him bleed out they're waiting for Shields I mean give me a break are we still waiting on another Shield all right let's get uh the other Shield up here y they're waiting for more rifles who else has a rifle I do all right you want to get online with me get rifles and then eventually they sort of Stack up together they form a line and then they very carefully March forward 10 minutes after they shot the K put your hands out to the side got additional hands who's probably already dead at this point constitutionally speaking well there's not really a constitutional requirement that police officers themselves have to immediately render emergency aid to somebody that has been shot or that or who they just shot there is a constitutional obligation to at the very least call for an ambulance and call for emergency medical professionals to arrive at the scene moreover most police policies require that this be done in this case the chief of police in akan spoke at the press conference and he explained that they do have an obligation to render emergency medical treatment however they have to secure the scene first when officers respond to a scene their first thing they need to do is assess the safety of the scene after that assessment if they feel render that believe that the scene is safe then we go to rendering Aid and calling for EMS and so it was acknowledged that in these videos we can't see the scene that the officers are claiming was not yet safe that's a decision the officers have to make at that point and I do not have information at this point to reference what you know what they were doing there I do know that they were calling for ballistic Shields to approach and that was what you heard on some of the video I just can't spec I'm not going to speculate I don't know right now so yet another problem with all these cameras that caught absolutely everything but what we what we need to see once this line of officers gets up to the person that they have there laying on the ground the cameras finally show something that is the most important thing that is documented by these body cam videos remember in the initial media reports the day after Thanksgiving the next morning the next afternoon the public was told via the news media that these two officers were just writing a report they heard gunshots they got out started looking around and then they encountered this person with a loaded firearm then they shot the person that's what the news media was told that's what the public was told but does the body cam footage show that when the officers get up to jasmir he's laying face down another good question is where was he shot was he shot in the back was he running away if so he wasn't advancing with any threat towards the officers he wasn't pointing anything at the officers the first thing they do is turn him over there's no gun in his hands there's no gun laying out on the ground there's no gun to be seen when they get up to to the body they handcuff him and they turn him over and begin to search him he has zippered pockets in his coat one of the officers unzips the zipper pocket and he begins to Rifle around in this apparently enormous pocket in his coat something is right right here not sure what it is no now a gun was found in there doesn't immediately pull out a gun pulls out a number of other objects and then eventually finds a gun got AAG this pocket is documented as having been zippered shut and though a gun was found on the body in the code pocket it didn't appear to have been anything that had been out immediately before his death it was under a number of other items and why you ask is this the most important thing that we see in this footage the initial story was that the officers encountered a subject with a loaded gun and they shot him we see these stories every day all over the news right and if you have a knee-jerk reaction to say well F around find out he did have a gun he was 15 years old he shouldn't have had a gun hold off on that for a second if that gun was was zippered in that coat pocket under all that stuff that is strong evidence that the officer who made the decision to pull the trigger multiple times whose decision now has to be assessed for whether or not it's reasonable never saw that gun we have to look at what information the officer had available to him one thing is there were two officers one fired and one did not that's actually an indication that firing was not reasonable one officer didn't feel that it was reasonable enough to pull his trigger ironically that was like the rookie cop and the one who fired I believe had been there like 5 years they said they heard shots there was no call there was no report that there was a gunfight heard shots could have been firecrackers there was a police shooting I believe that was in Ohio somewhere where cops shot somebody because they heard a car backfiring and they thought that they were being shot at so it would not be reasonable to go shoot somebody just because you heard gunshots you heard gunshots all right maybe it was firec recers maybe it was a car backfiring maybe this kid did have a gun and he was Target practicing I mean you don't know they get out to investigate they see this kid what about what they saw made it reasonable to pull the trigger and use deadly force and kill this kid with a rifle even if the kid had a gun in his pocket if the officers never saw the gun all they knew is they thought they heard gunshots they saw a kid without a gun that's going to be a tough sell to say that it was reasonable to shoot killed that kid look at the distance between where the officers were standing when they shot him and where the kid's body was police put your hands out to the side remember that kid was not under arrest at that point they didn't see him fire a gun nobody told them he fired a gun and if they did not observe a gun on him they didn't have probable CS to arrest the kid much less to use deadly force on him and kill him this isn't the fleeing felon situation they had this was a 15-year-old kid who by the reports that I've seen went to school got good grades at school was an active basketball player at school I haven't seen any news that he was in a gunfight or had shot somebody or was involved in any criminal behavior all we know is that he had this gun why we don't know certainly you can't support the police executing people because they possess a gun whether the government says it was legal to do so or not the important thing is if these cops never saw a gun it's not going to have been reasonable to shoot him especially not in the back while running away if he had just carjacked somebody or was fleeing the scene of an armed robbery that would be different but here we have a 15-year-old they don't know anything about him and yet they shoot him first then basically ask questions later and that almost certainly is going to be unreasonable any way you look at it since there's no good video footage we're going to have to look at the officers statements if they give them what do they say that they saw because we can hear what they're telling each other at the time and nowhere does he say in his body Cam that I have heard I saw a gun on the kid now he said his right arm was going somewhere he was reaching he was reaching right with his right hand again he was reach reaching with his right hand again he was reaching with his right hand but he didn't say anything about seeing a gun and this looks very unreasonable to me it looks like a bad shoot and there was is no excuse not to just hit the button on his chest and turn the body cam on it does appear to me to be a systemic issue it's not just that one officer made a bad decision in hindsight a split-second decision it's like they felt they were in a war zone imagine even our troops in recent wars being able to shoot people in the back just for suspecting that they might have a gun we had all sorts of restrictions on combat troops where they had to observe guns or they had to be shot at all sorts of of nonsense and we're not talking about a combat zone we're talking about akan Ohio this is indicative of the sort of warrior mindset and training that places like street cop training who I did a video on are putting in these officers heads they're making them jumpy on the trigger we'll have to see how this plays out if you want to follow along subscribe both here and at the blog at the civils lawyer.com also follow me on Twitter at John Brian Esq just because you think somebody might have a gun the government does not get to execute them our rights don't end where your fear begins freedom is scary deal with it [Music]