when I went up to his window he wouldn't roll his window down right away gets his phone out then he says I recorded everything on my camcor and I didn't come close to you and blah blah blah blah you're right I just want to admonish him for coming too close to me later can I call the district attorney and press charges remember the video that I did last week from Park City Utah where 73-year-old Gary peacock the bicycle guy confronted 22-year-old Pierce kmon in the parking lot of a skate park the bicyclist was absolutely flipping out because he believed that pierce had driven too close to him while he was riding his bicycle yeah I've got a very aggressive teenager here that almost hit me in the car and now he won't give me his last name and now he's trying to leave no you're dude literally stop no I'm calling the police and you're not leaving you're not leaving he basically forcibly held this 22-year-old inside his car as he called the cops and waited for the cops to arrive you pushed into me I asked you to wait you didn't wait push you did send a policeman for this guy right now because you might leave and I want you to be here when the police get here he's trying to leave I'm riding a bike I have more rights than you as I mentioned in the prior video I wanted to see the body cam when it came out well now the body cam is all out so let's go through it and I'm curious what you think yeah what can we do about this kind of case where a teenage driver is being negligent and can kill somebody yes I'm very sensitive do you want me to arrest him can he be arrested and you you have that all in recording I going to go escape no you're not yes I am no you're no you're not you're not going anywhere you're not leaving you're not leaving he showed me the recording and you were the aggressive one not him yes because he would if I apologize it's too late I've already seen the evidence I am obligated oh come on man he wants a ticket issued so I'm I will be giving you a ticket today I'm going to issue him a citation for disorderly conduct as well okay what kind of disorderly conduct is it you opened his door three times okay he doesn't have to get out of his car for you he doesn't have to identify for you you are not law enforcement so you're I'm going to have a is this a misdemeanor mhm what if we both agree that neither one of us wants a ticket it's my job to make sure that somebody that has an infraction stays here so you can arrive okay I do believe that I have a right to do that you say I don't but I think I do you don't get to detain people you're free to go I say thank you but I'm I'm not glad I called the police next time I won't call the [Music] police 22-year-old Pierce kton was driving to meet a friend at this skate park as he prepares to turn into the park there's a guy riding a bicycle as his dash cam footed shows he slowed down he wasn't going fast to begin with and he moved slightly to to the left just to avoid the bicyclist then he turns into the park however the bicyclist turned out to be 73-year-old Gary peacock comments on social media from the Park City area suggest that peacock may have a history of similar behavior in and around Park City one person shared Gary did the same exact thing at ranch place in 224 intersection to me as I was waiting to turn right from cutter Lane on the 224 he rode his bike up to my car tried to open the door started banging on my window with his fist my daughter was terrified as she was in the passenger front where he was screaming and hitting my window anyways back to what happened as Pierce is about to get out of the car Gary comes around the back of his car and he's just flipping out he's tapping on the window and this exchange takes place yes sir did you see me pull it off to the side I did I have it on dash cam you and Nick did oh I'm going to go skate no you're not yes I am no you're you're not you're not going anywhere until the police come dude stop no you're a [ __ ] assho dude literally stop no I'm calling the police and you're not leaving you're not leaving you're not leaving bro's got his hands on me and stuff yeah guy won't leave cuz he of the police look at this dude what are you doing why are you so cranky I'm calling the police dude why are you so cranky no you're not going anywhere oh my God you're not going anywhere I don't want to be aggressive with you dude you already are you pushed into me I asked you to wait you didn't wait push did how'd you get out of the car You Yank yeah I've got a very aggressive teenager here that almost hit me in the car and now he won't give me his last name and now he's trying to leave I'm in Park City near the park city park we're at the skate park the skate park mhm he's in a Subaru he's recording me because is a jerk mhm and I want you to come and give this guy a ticket I'd be willing to testify in court against this guy they're coming they're coming if I have it my way you're going to jail okay I'll press charges against you and so here's the moment where the Park City Police Department Officer shows up at the scene first thing he does is separate the two parties basically treating it like a domestic incident all right are you separate separate sides of the parties yes okay if you'll stand over there by those those cars I'm not complaining party fantastic can I tell you what happened fantastic will you go stand over there for a second I appreciate over by the the cars I don't want you guys in earshot of each other cuz it just amps things up don't let him leave he tried to leave already sir I'm right here thank you 3K 27 cop of plate all right do you have some ID on you I do sir let me go talk to him find out what his complaint is and I'll come back and talk to you okay you're not free to leave at this point I won't leave okay my first responsibility is to get everyone away so it doesn't keep amping up yes okay okay so I get your complaintant but you're he's standing at his car with his door open yeah I'm not going to let him leave he tried to leave I know but I'm I'm here okay fine and so for you to get a little upset with me and tell me I'm sorry I was just walking away I wanted to make sure you heard me I'm sorry I yelled okay do you have some idea on you yeah so what happened what happened is I'm just riding my bike in the bike zone in right here M and this guy comes within you know a foot of me just total I ride my bike for 30 years I know when somebody either doesn't see me or is trying to or doesn't care so he pulled into this parking lot so I came by and I said did you see me and he says well I saw you on the right and I said well you were too close to me no I wasn't he says he has a dash cam okay so you should take I he said he was recording it I doubt if he was but you can did he mention that he had a dash cam I haven't even talked to him yet okay fine so then I came over and I said what's your name try try he said I get it's emotional okay it is I'm I John he said I said what's your last name I'm not going to tell you I said well I have your license plate dude I'm leaving M I'm going to the skate park and I said no you're not leaving I'm calling the police he said I'm leaving and he tried to push me out of the car I pushed him back to try to keep him in the car but he tried to get out of the car I said no you're not getting out of the car till the police came I thought he was too aggressive okay on the road and then he wouldn't give me his name I was going to report him to the police I I understand he just gave me his last name and his his uh license I would have just reported he's not obligated to give his information to you he is obligated to give them to me okay if if I if I'm able to determine a crime okay well I'm making a complaint that he was within 3 feet of me just hang hang okay don't don't fight me on this okay I'm just trying to get the information yes and explaining why he might not want to give his information to you who's upset obviously if if he cut that close to you by all means you'd be upset but don't come over here and instigate a fight you get his plate number and we can track him down like it's nobody's business okay I I don't believe that's ever going to happen but it could happen but I'm just saying generally you guys are going to say no way to prove that he was 3 ft in front of you or or close to you sorry we can't do anything you're right it is difficult to prove cuz I wasn't there to witness it your witness I I understand that but if you start start a fight over something that happened out there you're now to blame on that I didn't start a fight I just SK from I'm just saying you said do I have a right to keep him to leave when I believe that he had a criminal uh traffic violation traffic is not criminal it's an infraction it's not a criminal but I don't have the right to keep him here no you call us and we we do that well I did but he was leaving but you let him leave because it's not worth if if it starts getting physical then what I have to assume worst case situation then he goes to jail for hitting me unless you started and then you go to jail I didn't hit him so you already told me that you kind of he was trying to leave you and that right there him from leaving the car but he was touching me also okay I'm I'm only going off of what you've told me I'm standing in front of the door and he's trying to push me through like this and I'm telling no you're not leaving so I so ask him if he tried to leave when I was in front of the door okay go ahead hang hang tight I get you're upset you're directly involved emotions are high yeah what can we do about this kind of case where a teenage driver is being negligent and can kill somebody there are people killed in Park City every year from negligent drivers and I've been hit by a car twice already okay okay so yes I'm very sensitive I'm just riding my bike I don't want any trouble but when I do you want me to just let you vent or do you do you want want an answer to your question I would like to know what you can do about this can I can I make a logic complaint against absolutely you already did but you did I'm here but then what you you come here you get his license plate yeah and you say don't leave I have the cops coming yeah and if he leaves so what because I will go find him okay okay I know you don't believe that but I didn't know that I didn't have his license plate there's no way for me to get his license plate you drove in here right yes but generally they just drive off okay once once he drives off there's you're right I just want to admonish him for coming too close to me okay well that's not your job okay and I I know and trust me I feel you you ride a bike absolutely a road bike absolutely I feel you and what happens when somebody almost hits you okay do you want do you want a vent or do you I'm just asking questions I know I'm trying you ask me what do I do and I'm I'm trying to tell you how we want you to handle it yes cuz I don't want to come out here and have a fight or worse a murder because he doesn't like your aggressive tone we have a case in wasat right now about road rage where a guy is dead is it worth being a close call and you end up dead here because he does something I'm not saying he's going to that's the worst case that I come looking for but let me ask you this so no no no no no no I want you to answer my question for a second yeah is that the is is it worth it being dead over proving a point because you want to admonish him you know if there's one takeaway from this video it's what's being discussed here if you're driving somewhere and somebody walks up to your car door and is physically trying to open it and puts their hands on you depending on where you are in the country and depending on the circumstances of the particular case it may be reasonable for the driver of that vehicle to be in fear of some sort of great bodily harm you don't know this person you don't know if they're armed you don't know what their intentions are you don't know if they're completely crazy many people would reasonably believe that they need to engage in violent force and self-defense in a situation like that if somebody opens my car door and lays their hands on me they're very well likely to get shot but for that reason I always keep in mind where I am what sort of jurisdiction I'm in in hindsight here we can see that had the 22-year-old engaged in any sort of violence that perhaps would be justified or at least not prosecuted in some normal jurisdiction here it really does look like the 22-year-old would have been prosecuted even though he was the one being assaulted by this crazy bicyclist no no not worth being dead I agree but however are we going to just let people that have any kind of infraction you call it an infraction an infraction just go and do it again unless somebody reprimands him or somebody do you want me to arrest him can he be arrested do you want me to arrest you off his statement no you wouldn't appreciate that right no so we have to operate on evidence right and I get that it's very tricky well he has evidence cuz recorded it I get it's and I'm going to ask I haven't even talked to him yet okay because you were so worked up I wanted to get his ID and then come over here and talk to you okay okay I'm I'm here to calm down I'm here in the middle of this trying to sort it out and all you want me to do is arrest and take him to jail I want him I was hoping he your word alone yeah and I'd be willing to come to court and have somebody listen to my side and his side and decide there's a time and a place but here in the parking lot's not the time and or the place okay okay yeah so and I get that often times they just keep driving and you can't you can't get their license plate but where you did yeah you saw them pull in here only times I've ever been able to catch somebody that has been unsafe so don't add fuel to the fire the fire already happened and it's still burning and it's hot it's in your heart and you want know you want Justice my adrenaline's flowing you know trembling because you know the police are here even if he leaves yeah so be it had you have you just let him he he parked cool typically people go to a parking lot they're not going anywhere for a minute okay okay so I want to tell you one more fact okay when I went up to his window we wouldn't roll his window down I wouldn't either why not I'm just knocking on the window I want to talk to you to know that I I just had an involvement with someone who I know is going to be unhappy with me yes so then that's that's why why would I because that's what I'm saying is that is a tiny tiny piece of evidence that says that he knew he did something wrong no if you wouldn't roll down the window that doesn't count as evidence it's not evidence but it's a indication so and and it's an inference if someone just happens to walk circumstance I I get it it's all encompassing but he's not he's not obligated like because he doesn't want to talk to you doesn't mean that he's guilty of all sorts of crimes it means you you have already said that you're pretty worked up about it I am is it fair to say you're probably worked up at his window yeah because he wouldn't roll down his window why would you if someone comes to your door and is knocking on your door and you can see them visibly worked up are you going to open that door for them I not the door but I'd roll down my window okay I have rolled down my window okay I've watched people get punched for doing that really yeah so I don't fault him for Park City but okay we're pretty safe here until someone's aggressive well yeah but okay we we got a guy dead over in was hat for I'm assuming the same thing just roll down the window yeah well why that's not evidence sorry but that's true right but but it it it's part of the situation it's not evidence of the crime but it's it's evidence for the fuel on the fire yeah right away gets his phone out then he says I recorded everything on my camcorder and I didn't come close to you and blah blah blah blah hang tight for a second let me go talk to him see what he's got later can I call the district attorney and press charges if something happens I want to know if something happens to my house or my car well he's just as concerned yeah okay it's it's a two-way street yeah check my police record I don't know what his police records like I don't know either of you so I'm going to treat you the same so I'm going to offer him the same respect that I've offered you thank you thanks for diffusing the situation I'm not going to try and automatically throw everyone in cuffs okay cuz that that doesn't make people cooperate together all right I I've learned that 20 years in this it's easier when people are volunteering information than being forced to give information now the officer goes to talk to pierce kmon fortunately for him he recorded everything that happened this could have gone way differently had he not recorded and thereby protected himself this goes to show The Importance of Being able to record an interaction not just with law enforcement but with any third party you know if Gary was so upset at the way people drive around him he was perfectly able to record himself a lot of bicyclists and motorcyclists have GoPros all over the place and they film absolutely everything that happens around them for their own protection Gary could have been doing that of course had he done that it would just film his own bad behavior once Pierce shows the full video of the interaction to the police officer and he shows him the whole thing the officer realizes that most of what Gary just told him was complete bull all right give me just a minute okay so walk me through what happened okay um I was coming to the skate park mhm and right at that bus stop area mhm um I was passing this gentlem mhm and from my understanding and by the looks of it um he was kind of stepping off like I guess like kind of leaning I don't really know how to explain it it felt like as if he was like departing from his bicycle by like the crosswalk here and so I felt like I had enough room to pass him I have a dash cam as well um and then I pull into this lot Park here and I notice in like my rear VI mirror he's like biking next to me I was like oh like did I do something he like hits my window he's like roll down your window and so I was like okay this might be a problem so I felt a little unsafe to started recording just not to like raise I guess um tension but more so just to kind of like uh I just start recording cuz I was like he already hit my window I don't want him to like damage my property and so I just started recording and I roll down my window to talk to him and he's like telling me to get out and that I almost hit him he's like get out and I was like I'm just trying to go skate and so I roll up my window he like opens my door and then I'm just like dude and then I was like stop and then I try to close my door he opens it again and you do you have that all in recording I have it on my phone I can show you I have it on my dash cam as well if I could get both of those that that'll help me kind of understand exactly what cuz he's saying you were on the other side just the second you pulled in you were trying to leave okay I met mentioned I was going to skate um I don't know if you want to see it now but I just basically have um the whole like altercation M okay so did you see me pull up to the side I did I have it on dash cam good you see how close you came to me you know what the law is it's 3 ft asole I was no you weren't you want to takech your dash camh chcken your name fine I'm going to go skate no you're not yes I am no you're you're not you're not going anywhere can you can you send that to me either air drop it to me or we have potentially a crime that occurred or an infraction if you if you were too close to him he says you are he is eligible to basically sign this citation as a witness of the of the infraction um and I I am um he wants a ticket issued so I'm I will be giving you a ticket today but instead of me saying hey I saw this H like if I caught you speeding I'm the one I'm the witness of that okay so it will be there will be a court date you can call and set up and then arrange to uh get that taken care of mhm you'll get to share your side the video evidence I'm going to add it to the case and then he'll get to share his side so it's it's going both ways okay in court in court because well or you could just pay the ticket right that's that's that's the options how much is the ticket I'm not certain but um let let me let me go get your information in there all right sounds good um I'm going to issue him a citation for disorderly conduct as well okay so um cuz he shouldn't be opening your door and then kind of pushing you holding there it's it's yeah it's going both ways it is what it is so okay all right you hang tight for a minute all right sounds good sign his citation that you were present for it and then I'm going to issue you one for disorderly conduct as well so so if you'll just hang tight over on the sidewalk over there then I won't I won't press charges it's too late why am I getting for what because you were aggressive to him yes I was but he was trying to leave okay go wait over there I'll explain it here in a second can't we just nope oh come on man I was the I was the victim here all right watch out we can go a different way and you can be arrested for disorderly conduct that's an arrestable offense what's what kind of disorderly conduct is it you opened his door three times okay he doesn't have to get out of his car for you he doesn't have to identify for you you are not law enforcement you don't get to come out here and enforce things you call us and let us do it he didn't say he was going to leave in his vehicle he's like I'm here to skate I'm going to go skate he didn't believe he did anything wrong he's going to provide me the dash Camp okay he showed me the recording and you were the aggressive one not him yes because he yes and you don't get to be aggressive with people like that that's disorderly that's why you are getting exitation as well is it why is it too late what does it mean what does it mean disorderly do I have to go to court for this you're kidding me yeah you are adamant that this and you were the one causing the stir here what if I apologize it's too late I've already seen the evidence I am obligated oh come on man okay so if you wait over here on the sidewalk man I've got to be kidding me this what can we do to resolve this I mean this is not act like that in the future is how we can I understand and it's not going to fix today but it's going to fix the future I am going to Portland tomorrow that's fantastic I'm going to issue you're not going to jail you're you're getting a citation so you get to deal with it on your own time you sort that out between you and the court is he coming to court yeah cuz he's getting a ticket too what's he getting a ticket for I'm going to give him a ticket for what for the violation that you swear up and down that he did on your word okay what if we just nope what if we just resolve this no you asked for it over there he showed me evidence he's going to provide me the evidence of that it's either going to substantiate it or discredit it and his ticket may or may not go away based on that yours however I have evidence of so you're I'm going to have a is this a misdemeanor mhm so I'm going to have a misdemeanor on my yes because of your behavior because I got hot yes and that's justifiable yes absolutely look you don't get to demand people's names you don't get to demand that they don't go anywhere you don't get to open their door I didn't open his door you did three times no he was trying to close this door he closed it because you kept opening it I watch the video of it because I was talking to him no he you're not he's under no obligation to you I don't I get I you should know that if he has do I get to just do I get to just walk up to your door and start yelling at you people do yeah but you're not allowed to that that's not that's disorderly conduct that's absolutely disorderly that's unreasonable argument no because you think you you have the right to do that and I'm here to protect his rights as much as I'm here to protect your rights angry which yes but you could you need to control your temper at that point I understand I understand so we can drag this out and we can keep arguing or I can get to work get you a ticket and get you on your ride what if we both agree that neither one of us wants a ticket at this point I've seen what I've seen I've seen the evidence you adamant that you asked for a ticket and now because you're getting one you want him to get out of it right no you're both getting one today okay so if you'll just wait over on the sidewalk okay Opera motor vehicle near vulnerable user or vehicle that's you um he's getting infraction what's this infraction that is the infraction that's the charge that's the level this is the this is the thing yep okay so I have you there listed as the complainant if you'll sign it right at the bottom here let me just get you yours now then I can explain all of that okay disorderly conduct M all right as I explained earlier you opened his door multiple times he's trying to shut it he didn't want to roll it he he doesn't want anything to do with you I get that what happened over here he wasn't trying to leave he was trying to go skate that's leaving that how do I know that's the case cuz it's not your job to worry about that it's my worry it's my job to make sure that somebody that has an infraction stays here so you can arrive okay I do believe that I have a right to do that you say I don't but I think I do you don't get to detain people I watch the video I know okay I know so that's why you're being charged with this okay phone number for the courts right there okay give them a couple days is this a fine or what what is it this is a ticket a ticket what does that mean ticket it's an infraction is it a traffic ticket no it is a nonm it's a non-traffic criminal citation it's criminal citation yes yes cuz that behavior is criminal you don't get to act like that to people clear as day you're free to go I say thank you but I'm I'm not glad I called the police well I wish this went different yeah oh here's your here's your ID sorry next time I won't call the Poli well that's what you should have done and left it at that when you go over your bounds that's when you get a ticket well I didn't know I was going you know now well okay here's yours operating motor vehicle near a vulnerable user of a vehicle which is is a bike okay infraction phone number is right here okay give the court a couple days to get the information do not wait more than 2 weeks otherwise it will go to a warrant okay okay um he signed it as the as the complainant there okay so if you contest it he'll be required to fall to show up okay so if you just want to pay it can pay it over the phone if you want to contest it if you legitimately believe you weren't that close to him mhm you're welcome to contest it okay and what as far as like this as an infraction what does it do to my record I guess my driving record so if if you plead guilty to it it's points on your record um Insurance could possibly go up because it is a moving violation M um he was adamant that you get a ticket until I told him he was getting one he's like no no no no no never mind I want to wash it I'm like too late dude you open the can kudos to you and for not antagonizing him anymore he was antagonized already you you stayed calm at his age he should know cooler heads prevail yeah hey man you were too close to me oh I'm sorry I didn't realize it I've got video I'm happy to share it with you I don't think I was that close but he was he was clearly aggressive M knocking on your window he says he didn't open the door you were trying to leave to go skate and I'm like yeah he's at a skate park I don't care if he goes skates cuz he's not leaving the area the car is yeah the car is here it's he doesn't have a right to detain you he's not a police officer that's I I I don't know if you heard me explain that to him I didn't like you not you're not law enforcement you don't get the no I feel I have it right I'm like well you're wrong well with that go skate um when you get home upload that video okay I'm on all night so I'll get it as soon as you do all right cool so all right thank you uhuh you bet have a better day thank you while I do believe that the body cam footage provides additional context that places the officer decisions in a little better light I do think it's wrong that he only charged Gary peacock with disorderly conduct the officer acknowledged that Gary had no legal right to basically perform a citizen's arrest he had no right to detain the 22-year-old looking at Utah law there are two obvious crimes that apply to Gary's conduct that he was not charged with kidnapping and then the Lesser included Utah Crime unlawful detention unlawful detention occurs when a person intentionally or knowingly without authority of Law and against the will of the victim detains or restrains the victim and kidnapping occurs when a person intentionally or knowingly without authority of Law and against the will of the victim detain or restrains the victim for any substantial period of time or detains or restrains the victim in circumstances exposing the victim to risk of bodily injury unlawful detention is a misdemeanor with I believe up to a six-month jail term as a potential sentence kidnapping obviously is a felony with the possibility of a much greater punishment it looks to me like the big difference here is potentially just a question for a jury there can't be much of a dispute that Gary peacock intentionally restrained SL detained Pierce Kimpton and that this occurred against Pierce's will this was documented thanks to Pierce's video footage it's Undisputed that he did so without authority of law do I have a right to keep him to leave when I believe that he had a criminal uh traffic violation traffic is not criminal it's an infraction it's not a criminal but I don't have the right to keep him here no it seems to me the difference of whether or not this is the misdemeanor or the felony is whether or not a jury would find that this had occurred for quote any substantial period of time or whether it exposed the victim to a risk of bodily injury now there are other cases that Define both of those but from my understanding that ultimately would would be up to a jury what was really revealing about the body cam footage is that Gary peacock is absolutely out of his mind he viewed himself and probably still views himself because he wrote away all upset saying he's sorry he called the police and next time he's not going to call the police you're free to go I say thank you but I'm I'm not glad I called the police well I wish this went different yeah oh here's your here's your ID sorry next time I won't call the Poli he's going to do this again you can't have this crazy bicyclist detaining people restraining people against or will without any legal authority to do so this man needs to be charged and he needs to be put on some sort of probation so that they can keep an eye on him now as discussed in the last video clearly they're not going to do that under the circumstances so the second best thing to do is to continue to catch Gary peacock on video doing these things I wouldn't be surprised if additional video footage shows up so if you have any additional video footage of Gary Peacock let me know and let me know in the comments what you thought did the officer handle this properly it was sort of a therapy session between the officer and Gary peacock actually it was it was pretty wild footage I just hate that the innocent victim here got caught up and detained for this period of time when he had committed no crime at all and he ended up getting charged now I see why the officer did it actually given the circumstances there is an argument to be made I think that pierce could have benefited from sort of taking Gary to court taking him up on this charge that he swore out on him in any event since that's gone now he ought to take him to court kidnapping aside unlawful restraint aside I mean this was a physical assault physical assault and battery as well as at the very least an unlawful detention he ought to sue Gary peacock and that would help make sure that Gary doesn't do this again to anybody else and he may end up having to pay punitive damages and if he really is a millionaire from California those punitive damages could be very high so hopefully that happens if I hear about it I'll let you know to all the Gary peacocks out there freedom is scary deal with it [Music]