that's why you're replacing handcuffs we thought you were the guy all right you're not I understand that all right we Hey listen look at me I up understand that I'm going to give you my C Derrik house was on his way home from Costco he was headed home to make dinner for his family out of nowhere a speeding unmarked car comes flying up from behind him and within seconds this happens put both of your hands out the window right now I'm going shoot you in your head if you come up with anything other than that slow down slow down you look at me nobody else to do what I say you'll be okay real slow come out of that car now move hands behind your back right now what man I don't have any weapons I just came from Costco dude only after pointing their guns at derk's face and threatening to kill him did they bother to actually look at his license plate this is the wrong car 7946 good this is the wrong car no it's not yes it is see it's the wrong play and now Derrik has filed a lawsuit against them but is there any recourse for this and the answer is well it depends let's look at the footage and see what it tells us what your name my name is Derek house man I've been out here I lived in Wood Ridge for 10 I've been in Don world for three man I'm a upstanding citizen my kids go to school here I'm well respected that is wrong right you don't do that you don't [Music] the window your the window got on the afternoon of January 19th of 2024 Derek house was driving his silver 2021 Volkswagen Atlas in the village of Woodridge this is in the state of Illinois Derrik was on his way home from a visit to Costco and he's heading back home to make dinner with his family as he's driving he approaches traffic that begins to slow due to an accident that was ahead of him he notices an unmarked car approaching him from behind at a high rate of speed Derek promptly pulled to the curb to allow that car to pass him safely he thinks it's heading towards this accident in front of him but instead of passing him and then going on to the accident that vehicle abruptly swerves in front of his Atlas sort of pinning his car to the curb and preventing him from driving away this happened so abruptly that Derek didn't even put his Volkswagen in Park one of the police officers Daniel Murray who was driving this unmarked vehicle jumped out of that vehicle he's wearing plain clothes with a tactical vest and he draws his service pistol he points that pistol directly at dereck's head from only approximately 10 ft away and he began screaming loudly at Derek hands up right now and put the effing window down then another officer Zachary Harvey he pulls up in a separate vehicle at almost the same time he exits his vehicle immediately drawing his service pistol and also points it at Derrick's head now from approximately 15 ft away window down put the window down put the window down put the window down put the window down put the window down put both of your hands out the window right now put both of your hands out the window I got commands I got commands you with an outside hand Reach Out open the door watch your Crossfire okay real slow left hand do it from the inside but officer Daniel Murray is shouting at him we are going to end you and he's trying to explain he had to put his vehicle into park in order to comply with their commands you come out with a gun we are going to end you do you understand there you go there you go come on out I got to cck a time put it Park put it Park real slow everything real slow and officer Zachary Harvey shouted at Derek I will shoot you in the effing head I'm going shoot you in your head if you come up with anything other than that slow slow down slow down somebody shut off that siren left hand real slow across your body undo your seat [Applause] Bel I got you you look at me nobody else you do what I say you'll be okay okay real slow come out of that car you guys got cover got cover I got I got away for me face away for me face that car walk back to me real slow real slow real slow now move hands behind your back right now for what man I don't have any weapons I just came from Costco dude all right do not move do not move Derek managed to get through this without actually being shot in the back of the head he was handcuffed by the officers they searched his pockets down my man we're going to explain everything in a minute but we're going to do it safe and then he was put in the back of the police car by Officer Zachary Harvey uh you want to put him in the my car uh yes please have a seat um bring back bring him one of our interview rooms I got you got follow not a word with him don't explain what's going on don't ask him no questions good got you uh all right yeah no put by my office then it took only about 78 seconds after placing Derek in handcuffs in the police car for officer Daniel Murray to realize that Derek actually had nothing to do with any shooting or any other illegal activity Charlie nor where you at hey Tom this what I don't think this is the right car that's not the right car this is this is the wrong car 7946 D this is the wrong car we're all good this is the wrong car what that yes it is see the plate don't match and you can hear at the 2 minutes and 33 seconds Mark officer Daniel Murray says F the last four or five are wrong it's the wrong plate well we got to talk Dan about theing know yep all right so within 50 seconds of being handcuffed and put in the back of a police car Derek house was released from custody when officer Daniel Murray told Derek I'm taking you out of handcuffs and I'm letting you go take him out wrong car take him out wrong car hop on man face the car Tak handcuffs get you go okay I'm going to give you some information on who I am we talk about what's going on okay but I want to take care of these hand cffs first he was understandably upset anticipating this or observing this officer Daniel Murray perhaps trying to keep Derek calm lies to him instead of telling him the true depth of what they had actually done he said oo PD had a shooting the cars plates the car is the same as yours the plates match well two of them are off asle people get a shooting car plates the car is the same as yours plates match with with hold on hold on hold on hold on hold on hold on look at me look at me look at me match two of them are off and none of these excuses us es were true not then not now other than being a black male driving a Volkswagen with a license plate starting with CN nothing about Derek or his vehicle match the suspects in any Oso Police Department investigation of a shooting at all all right that's why you're repl the handcuffs we thought you were the guy all right you're not I understand that all right we Hey listen look at me I this up understand that I'm going to give you my card this is on me absolutely absolutely I me's clear these World to shoot me in the head and [ __ ] don't move put your hands up like this isul okay well listen this is ridiculous I've been out here for 15 [ __ ] years and never have I once in my life my man nothing dude you have to look my man nothing dude that got right acceptable absolutely especially you Harvey especially you bro okay all right that is your name my name is Derek house man I've been out here I lived in Woodridge for 10 I've been in down world for three man I'm a upstanding citizen my kids go to school here I'm well respected that is wrong right you don't do that you don't Fu do that what did the cops know prior to pointing guns at Derrick's head well they knew that the actual suspect's vehicle was a Volkswagen Tiguan whereas drik was driving a Volkswagen Atlas the officers knew that the actual suspect was driving a black colored Volkswagen Tiguan whereas Derek's Atlas was light gray or silvery the officers knew that the actual suspect well there was actually two suspects in the Alo shooting in the black Volkswagen Tiguan a black male and a black female whereas Derek was just a black male alone in his car just like the last video might he find police work right I mean they were close enough they got the black mail part right and at least it was a Volkswagen so this happened in January of 2024 now about a year later Dereck has filed a civil lawsuit in federal court then the police department for the village of Woodridge issued a press release responding to the lawsuit again a year after this had occurred they said the village of Woodridge and the Woodridge Police Department are aware of the lawsuit acknowledge the serious nature of the allegations and are committed to providing ing transparency regarding the incident that took place on January 19th 2024 I mean clearly they were aware of it because they were there and they filmed it a year prior on the day in question our officers were responding to a highly volatile situation involving individuals suspected of possessing firearms slashing tires and discharging a weapon given the immediate danger posed by these individuals officers acted based on information available at the time which led to the stop of a vehic that unfortunately was not the one they were specifically seeking the village of Woodridge deeply regrets the distress caused to the occupant of the vehicle involved the only reason that dereck's vehicle was involved or that Derek was involved is because they involved him they were not responding to anything involving Derek when the police sees somebody at gunpoint the fourth amendment is invoked case law basically requires that seizures must be reasonable both in relation to the person that they're seizing and in the scope of what they're doing here even with their statement a year later they've identified no reasonable reason that their officers thought Derek might be related to some shooting with some other police department the only explanation that makes any sense are the allegations that Derrik is making in his lawsuit that essentially he was racially profiled a blackmail in a Volkswagen hey close enough and in my opinion the footage does corroborate that when you have a description of a vehicle you actually have a license number it's not reasonable to go pointing guns at people's heads and threatening to shoot them in the head when you locate a vehicle that does not even match the description that does not match the license plate which is probably why they were unable to explain themselves in their press release once again this is the type of thing that could happen to any one of us the common theme here with these situations is that there are multiple police officers pointing guns at you and they're all ordering you to do something different than what the other cops are ordering you to do confusing and conflicting orders and they're about to execute you if they think you are not following their orders even if there was a reasonable mistake here these police officers acted unreasonably because they were unprofessional there's a lack of any immediate safety threat to these officers and yet they are millimeters away from using deadly force and that's unreasonable I'll continue to follow this one and if you want to follow along subscribe both here and at the blog at the civils lawyer.com remember our rights don't end where your fear begins freedom is scary deal with it [Music]