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- 2025-06-30 03:07
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foreign good afternoon this is Daniel here with cops and cons TV I want to welcome everyone into our live show we're going to go ahead and break down some of the most interesting and important cases and issues in policing from the last week or so so let's see where everyone is joining us from uh happy Cinco de Mayo as well it looks like we've got Sergeant George in from California uh we have someone watching uh georgiana's watching from Florida and uh Southern California as well North Carolina it's good to see everybody in um again if you haven't already please go ahead and subscribe to the channel make sure that you share it with your friends um again my name is Daniel you can go ahead and follow me over at police law news on YouTube and uh just about everywhere else oh we got someone from Missouri Joplin Missouri uh in here as well and um great so Ed like we do every week as I'm going through some of these cases and some of these are pretty controversial cases as we're going through it if you have any different ideas or opinions or if you agree with what I say almost more importantly if you don't agree with what I say put it in the chat because one of our favorite things to do is really go back and forth with the audience and share information and really try to have a conversation about these really interesting and important police cases so Steve says uh I was talking to Steve Ladner earlier today do you think people should trust the justice system if a D.A refuses to prosecute cops after a grand jury indictment I'll get to that here in a few minutes uh let's see Armando Chavez New York city so addicted to your videos they make me laugh okay great so the first case that we're going to talk about and I'm pretty sure everyone knows where we're going with this first case because it's been in the news the last couple of days um this happened on May 1st of this year in New York City on the subway an individual um was died in the New York subway his name was Jordan Neely so let's talk a little bit about Jordan Neely and just before we get into the facts of this case the Manhattan prosecutors are looking at criminal charges but no one has been charged as of yet so Jordan Neely is an individual and they've liked to been saying that he's a Michael Jackson impersonator because sometimes you know often he goes to the New York City subway and he impersonates it he pretends to be Michael Jackson well listen if all he was doing was dancing and pretending to be Michael Jackson he would still be alive because that's not what he was doing on May 1st of this year on the New York City subway what Jordan Neely did is he took off his shirt he threw it on the ground he started screaming and yelling on the subway and what he was yelling was things such as that he was Fed Up and hungry that he was tired of having nothing he said he doesn't care he doesn't mind if he goes back to prison he doesn't mind if he gets a life sentence and he said that he will attack and threaten anyone on the subway well obviously there were a lot of normal regular people on the New York City subway who are trying to live their lives who you know don't really feel like they should be terrorized by a random violent Maniac on the New York Subway system so what happened was is while he was screaming and yelling and threatening people and pacing back and forth a lot of people moved away from him like women and older people and some men because they felt threatened by him so what happened was that there was a 24 year old individual who was in the Marine Corps and he went behind after Jordan Neely was you know randomly just threatening people saying he was going to beat everybody up and that he didn't care if he went back to jail the Marine went behind him got him in a Chokehold and dragged him to the ground once on the ground he did have him in a choke hold or a submission hold two other individuals two other adults there was a white male and a black male also were helping out so we don't know the names of any of these individuals but there this was captured on cell phone video from an amateur journalist who happened to be on that subway car um the the black individual who was who was helping out was grabbing Jordans and controlling his his arms and there was another individual a white guy who was also trying to hold him down he was in a choke hold for two minutes and 55 seconds after that tragically Jordan stopped breathing he stopped moving um and he did die while this was going on some of the passengers did call for police assistance so they were trying to get police officers there so this has caused an uproar in New York City black lives matter has has been protesting they are calling this the new George Floyd case AOC went on the one on the the the the the the Twitter and on TV and did some interviews over the last couple days and she said that unequivocally that this is Murder She said that Jordan Neely was lynched now when you say that someone is lynched you are essentially saying that not only were they murdered but they were murdered just because of their skin color now we have no information on who the Marine is we have no information on who the two other individuals are who also tried to hold Jordan Neely down but what we do know is that there is no information your evidence that this had anything to do with race it seems like this had everything to do with behavior because again had he just been impersonating Michael Jackson no one would have had to intervene to stop individuals to stop him from potentially being violent um now what's the protesters and black lives matter they want the Marine charge they want him charged with murder and so far his name hasn't gotten out but that can't last for very long so at some point he's going to be a Target and his name and his information is going to get out there the mayor of New York City you know a former police Commander Eric Adams he did go on he did do a news interview yesterday where he basically said he essentially said that he wanted the investigation to play out and that's that's honestly that's the right thing for any politician to say so since there is an ongoing investigation saying that you think this is 100 Justified or saying that this is 100 murder this is a lynching both of those are wrong because it is important for the investigation to play out now what it seems like is there is no indication that the marine and the two other individuals who are trying to hold down Mr Neely there's no indication that they were trying to kill him so what this seems like again there is an ongoing investigation but it seems like that this was an accidental death it seems like that the marine and the two other individuals were trying to control and subdue Jordan Neely because he was being violent he was being not violent but he was threatening people and before it got to violence this is what random this is what these citizens did on the subway car to try to make everyone safe now this does touch on a couple different issues so in 2020 the New York City Police Department was defunded by a billion dollars now you think well how is that how is that related how does that matter here's how this matters so let's go from 2020 through now there have been 20 before Jordan Neely from 2020 through the the earlier this month there were 27 people who have been killed on the New York City subway so none of those other people get protests and rioters and all that kind of stuff just keep that in mind but there have been 27 people who've died on the subway since 2020 before that from 2004 to 2019 so a 15-year period before black lives matter got involved before the protest before George Floyd before the defunding of the New York City Police Department during that 15-year period 2004 to 2019 28 people died on the New York City subway systems so what I'm saying is we have since 2020 and since the police were defunded we have as many murders homicides on the New York subway in two and a half years as they had in the prior 15 years so we can't say it's all because of defunding the police department but I think reasonable people can say well that didn't help multiple times during the cell phone video that was captured the people and the other Witnesses they were saying things like we called the police where the police why aren't they here that's a reasonable question because when you have a city where police officers not only are defunded and there's not that many of them but also when you we create an environment where police are afraid to be proactive they're afraid to do their jobs when you have things like that it's it's it creates a situation where normal random citizens who again are just trying to go about their daily lives feel it necessary that they have to intervene to keep everybody else safe one of the things I always talk about when it comes to uh and just so you know Marines are trained when it comes to ground control and and submission so so it's likely this Marine did have some training in this however it the intent of this does not seem to be to kill Mr Neely that doesn't seem like that was the intent was um so I think we'll we will we will get to that what I would what I would like to say so Corey says sounds like you made your mind up of what actually happened well no Corey Thomas I've said multiple times it doesn't seem like there was an intent to kill Mr Neely if you have evidence that's different absolutely as I said a couple times well this is an ongoing investigation meaning we're going to find out more of exactly what happened we can only go by what was happening on the actual video now let's talk a little bit more about Mr Neely now this is relevant when it comes to like a global sense of how does this city how does the police department so if we're looking at this globally like New York City is like a laboratory of some sort this information is relevant certainly the Marine the individuals who help the marine and the other passengers of course they wouldn't have had this information but on a global sense let's talk a little bit about Mr Neely so from 2003 until recently he's been arrested 42 times multiple times he's been arrested for assault one of those assaults was actually against a 67 year old woman on the day that he was killed he actually had an active warrant for assault why I'm saying this why I'm mentioning this is someone is arrested most people never get arrested once in their entire life it is very rare that anybody is arrested twice he's been arrested 42 times since 2003. don't you think there's a problem here's my question obviously he's mentally ill information has come out that he's suffering from schizophrenia we should be compassionate I'm not saying we shouldn't be compassionate but my question is allowing him to be arrested and then let out arrested and then let out onto the streets how is that compassionate to Mr Neely who obviously needs help that's obvious right this isn't normal he obviously needs help so this isn't compassionate for Mr Neely to allow him to live like this it also isn't compassionate for the regular normal decent people of New York City who are just trying to go about their day who honestly do not deserve to be victimized and terrorized by violent Maniacs this isn't compassionate even Eric Adams the mayor of New York City he's one of the very first Democrats in recent years to say what I'm about to say that when it comes to involuntary incapacitation or involuntary mental health treatment that those standards to do that that he wants them to be lowered then Eric Adams the the mayor of New York City has specifically said that that you know mentally ill people who are committing crimes and who are violent and threatening people that it isn't compassionate not only for the people the citizens but also for them that we have to do something so Eric Adams has actually been trying to work with the state legislature to lower to lower the requirements so that police officers and mental health workers in combination can get these people help because I think we're all on the same page here is that someone like Mr Neely yes he he's we should have compassion because he's suffering from Mental Illness but allowing him to be out in the public to threaten people to again if he's arrested we all know that when you're arrested for something arrest it's very rare that you're arrested so if you're arrested for something 40 times how many times have you actually committed crimes when you weren't arrested especially when the police department has been defunded and there aren't as many police officers as they should so it's not unreasonable the thing that he's been arrested 40 something times how many times has he been contacted by cops and not arrested and let go or given a ticket how many other times has he done something like this threatened people battered people and he just hasn't been caught he wasn't identified so again there is a lot to this obviously the Marine didn't know this information so I'm not saying so I know people are going to be um on people are going to be purposely confused I call that dishonest criticism they're going to say oh it seems like you're saying because he had a bad history because he had a because he had this violent history that he deserved to be killed no absolutely not if anything what I'm saying is I want a world I want to live in a society where Jordan Neely gets the help that he so desperately needs and he doesn't get killed but this is a situation where where you put him on the subway he's arrested over and over and over again this is a situation where at some point regular citizens aren't going to take being terrorized by him there's also been reports that there's been different times where he's been allegedly tried to push people onto the subway tracks this is someone who should not have been out in the general public without medication let's see if we have some comments on this Sergeant George says even if the death of Jordan Neely was accidental moments like this is a very good reminder that some New Yorkers just have no calm absolutely yes yes and Sergeant George I'm curious what you think do you think that what do you think they should have done so so I think we have a couple different questions here and I hope we're all on the same page because we can definitely debate and discuss and discuss um opinions but facts we should try to come together on the fact so I hope everybody's with me that the marine and the two individuals with him weren't trying to kill Jordan Neely so maybe and again it's still an ongoing investigation but I think that's pretty obvious that they were trying to subdue him they called the police department the Marine didn't run away and hide in the woods after this was done it seemed like they were trying to Sedum and this wasn't random this wasn't like Jordan Neely was just standing there sitting around and and he was randomly attacked by a marine no he was acting in a violent threatening Manner and it seems like um the Marine went in and tried to stop that from happening if anything it seemed like the Marine was trying to prevent violence don't think there's any indication that there was an intent to try to kill Mr Neely now the New York City prosecutor is looking at charges now we'll see now you remember the the bodega worker um who killed the individual um which was initially charged and then um uh we covered we covered that on this on on this on the show the bodega worker in New York City about six months ago was charged everybody was outraged um so I don't think this is as clear of self-defense because again I don't think there is any legal justification to kill Mr Neely I think they're absolutely 100 is legal justification to hold him down to stop him to subdue him to put him in a choke hold to try to try to knock him out to anything like that to stop the violence like I hope we can all get on the same page it's like yes that was probably reasonable but no death was not appropriate so it seems like the death was accidental so so let's go down that rabbit hole so what would likely charges be well I know that the medical examiner called this a homicide and a lot of people who think that well it's a homicide that it must be something criminal no that's not the case when it comes to that what a homicide means from a medical examiner is that this wasn't an accident it wasn't natural causes or anything like that essentially when one human whether it's just so medical examiners don't get into intent or law or anything like that medical examiners basically say this is one human being who killed another one it's under the bread the broad category of homicide okay so that's what we have we have a broad category of homicide now under homicide we have two different tracks we have murder and we have manslaughter so if you intend to kill someone if you say I'm gonna walk across the street I'm going to hit you in the head with a hammer and I'm gonna kill you and then we find notes saying that you were going to do this you were telling people so there's intent to kill that's murder that's obviously the most serious now if you kill someone and you didn't mean to kill them so there's no intent to kill then you go down the rabbit hole of manslaughter under manslaughter you have man manslaughter and involuntary manslaughter so voluntary involuntary and involuntary manslaughter so this seems like if the charges were going to be filed this would be under the guise of voluntary manslaughter what voluntary manslaughter is in a very broad way is essentially you were trying to hurt someone so it's essentially like you were trying to commit some type of harm whether the harm was justified or not it's like if you're in a bar fight okay if you're in a bar fight and you punch someone and they fall back and they hit their head and they die well that that would be manslaughter or voluntary manslaughter because you're trying to do something it's not like it's only this was a complete accident you were trying to cause some harm but you weren't trying to kill them so if criminal charges are filed I would say manslaughter or voluntary manslaughter something around there is likely what the charges would be trying to charge him with murder now sometimes prosecutors do this they charge High hoping for a plea deal in the middle so if if he's charged with murder just so you know they're based basically saying that the Marine had the intent to kill that doesn't seem like the case but against some prosecutors do overcharge all right let's say we have some comments here Denny says I was told if I keep videoing my local police station I'd end up uh going missing so I stopped okay I'm not really sure uh let's see uh uh let's see have any officer blue gun the argument for holding him uh for so long uh that he was fighting while being restrained without police showing up in 15 minutes they did not have access to handcuffs or other means of restraint uh are we going to be surprised uh what the talks come back with no um officer blue gun really good question and comment um no I I think what's going to come back is that either um you know and sometimes an officer blue gun correct me if you think I'm wrong with this sometimes it's difficult to tell the difference between someone who's in the throes of schizophrenia mental illness and drugs so or if someone is just completely high on drugs sometimes especially if the video is only a female if you're with someone for an hour you can probably suss it out you know but you know just watching a few minute video it's difficult to tell what's likely is a lot of times these individuals people who are who are suffering from schizophrenia or other mental health and they're unmedicated a lot of the times it's very common for them to self-medicate with illegal drugs so it wouldn't be surprising to me is if we have a combination here that he was high on some type of substance and also in the throes of a mental health in the throes of a mental health episode all right any comments here uh let's see uh Sergeant George says yes there's also involuntary manslaughter yes yes there's also involuntary manslaughter I don't think that would be appropriate here um if it's a lesser form of manslaughter so if you weren't trying to do any harm um if you weren't trying to do any harm at all you weren't trying to make physical contact could that be involuntary manslaughter yes so so that that would be involuntary manslaughter a lot of times drunk drivers drunk drivers are charged with involuntary manslaughter because there's no specific intent against a specific person here the Marine seems like we don't know for sure seems like the Marine had the intent okay I'm gonna take this guy I'm gonna subdue him I'm gonna choke him out that's the intent so there is some intent to do something physical but certainly no intent to murder him that's what it seems like um and I'm not saying that charges should be filed but if there are charges filed I would expect it to be somewhere in the voluntary manslaughter ah let's see Steve says I remember when medical examiners uh was ruling taser death's underlying health conditions until police tased the corner okay I'm not sure what that case is It's My Life says it's not falsifying government documents uh uh for over charging it's my life that's such a good that is such a good comment um so typically it wouldn't be falsifying government documents so essentially the prosecutors have to get past probable cause right so they have to get past you know um would a judge say yes based on this there is probable cause so um could they could the prosecutors make an argument for murder that there was some intent something inside the Marine's mind where they were where he was trying to kill um now it's impod no one's a psychic so it's impossible to really know without outside evidence but you know could I see them charging murder um and then saying yeah we can show based on this this this this that he's a Marine he should have known he knew the technique he did a technique wrong that was on purpose could they go down that rabbit hole to charge murder yes do I think they would get a conviction on murder no um but a lot of times prosecutors they think that they'll charge it a little bit higher hoping for a plea deal somewhere in the middle that wouldn't if they file charges it wouldn't surprise me but my legal opinion is that you know the appropriate charges if there are going to be charged as filed would be somewhere in the man slaughter uh rate this manslaughter range someone said it is blatant murder if you say it's blatant murder that means that you know something inside the inside the marines mind uh where he had intent to kill um and you don't know that because you don't have psychic powers that I don't uh let's see uh officer uh uh Georgiana Duckett says there were other options okay yeah let's so let's talk about that Georgiana what were the other options um should the marina punched him in the face um should the Marine have um roundhouse kicked him um taking him down to the ground and doing a technique that he thought was going to subdue him with the help of two other people remember um yeah I don't know um but the thing is it's easy to say if you're not the one in the subway car being terrorized by a violent Maniac it's very easy to say on the star says uh Marines should have minded his own business that's a that's a fair point the Marine should have minded his own business until when um what if what if on his Stars what if Jordan Neely like he had done 40 something other times at least started hitting hitting and battering people do you let two three or four elderly women get attacked um before you step in so um you know the Marine made a decision um again it's only Jordan Neely was just sitting there minding his own business no he was actively threatening people saying he didn't mind going back to jail threatening people um when this occurred so if you don't do that um this kind of stuff won't happen all right so let's go let's go into the let's go into the next case so the next case I want to talk about I was actually talking to officer blue gun about this before the show today so this is a really interesting case um it's out of Chicago it happened on April 15th of this past year as an officer involved shooting and the reason that we're talking about it now is because the body cam footage just came out this is a a shooting an officer involved shooting uh the individual who was shot by Chicago Police was a 24 year old named Reginald clay now before the body cam footage came out Reginald clay senior so his father there they file the family filed the lawsuit against the police officers and I quote in the news the family said that the officer involved shooting was unprovoked and unwarranted remember that so because the thing is once there's an officer involved shooting before the body camera footage come out it's not like the police officer or the representatives for the police officer or the police department can can come out and say what happened right they don't have to do that imagine being a police officer you're involved in a completely lawful Justified reasonable shooting and you have the family and maybe you were threatened with a gun and you have the family out there just spewing lies it has to be so unbelievably irritating knowing you can't go and fight back this is how police officers and police departments fight back with the truth by putting body camera footage out so remember that Reginald clay senior said that this officer involves shooting involving his son was unprovoked and unwarranted here's what the body cam footage shows the body cam footage shows that police officers roll up in a high crime area a high drug area and they see Reginald clay who is in the the area leaning into a car experienced police officers in this case are going to testify that it seemed like there was some type of a drug activity going on police officers got out approached and Mr Clay ran from police officers and police officers gave Chase I'm going to get into whether or not that was legal here in a second but police officers gave Chase and they're kind of running through gangways and Alleyways in Chicago as Mr Clay was running from police officers and this is all on body camera footage as he was running from police officers he turns around from his waistband he pulls out a firearm and when he pulls out the firearm he faces towards the police officer pulls out a firearm and then changes Direction starts going towards the police officer it's at that point the police officer pulls out his firearm and shoots Mr Clay um so after that body camera footage came out um the family so Mr Clay senior and the family no longer said use the words unprovoked and unwarranted because it obviously was right I mean if someone pulls out a gun and starts to point the gun at you you know reasonable person can say that that's an unreasonable shooting so they pretty much changed the narrative instead of criticizing the police officer in the police department about the actual shooting they change it to oh well the police officer never should have been chasing him in the first place okay that's great but again I think we should all talk about the truth and you're only making that argument because your son was had a gun and was pointing it and pulled it on a police officer so the shooting is obviously Justified now they're complaining about the reason for the stop so that is a good question this is what me and officer blue gun were talking about before the show today can police officers chase you because you run that is such a good question so there's actually a case out there it's a Supreme Court case but it's from Illinois it's called Illinois versus Wardlow and here's what Wardlow said that police that flight alone is not a reason for that a police officer can chase so in order for let's start let's start a little bit higher police officers have to have Reasonable Suspicion in order to detain someone okay Reasonable Suspicion what that is is specific facts that can be articulated by the police officer that a crime has been is being or will be committed Reasonable Suspicion okay of a crime being committed that's what police officers have the lowest level in order to detain someone and that really isn't a high bar okay that's not a high bar so is running is just police officers seeing someone running is that Reasonable Suspicion so the court said no that isn't so as I think a lot of people know because I broke my nose a few months ago doing it but I'm a trail Runner so I typically run Trails I run about 20 miles a week and um you know where I run it's up in the Foothills in the mountains and there's really no one around so there really aren't a whole lot of police officers I see but let's say I was running on the street for some reason I got my headphones in and a police officer sees me running can they just stop me for no reason no of course not so that's what the Supreme Court said running alone flight alone is not reasonable suspicion but what the court also said in Wardlow is that running or flight upon sight of a police officer it's not like someone's running police officer rolls up and sees them no it's someone who's standing still or just kind of hanging out there's they see the police officer and then they flight the court call that unprovoked flight in combination with it being a high crime area a high drug area that that though that combination effect actors actually does give police officers Reasonable Suspicion to stop someone so in this case it does seem like and I'm not saying I agree with this case um to me that it that it almost gives police a little bit too much leeway I think a lot so um you know I'm not I'm not even sure I 100 agree with the Supreme Court on this but it's important for me to say this is what the law says is that if it's a high crime area high drug area and someone who wasn't previously fleeing upon sight of a police officer flees Illinois versus Wardlow says that that is reasonable suspicion for police officers to stop someone um and and at least attain them under Reasonable Suspicion if a crime has been committed so it does seem like this case does meet that Ward low standard so I think that's going to be the case that legally on a legal level this probably is a real legal reason to stop um Mr Clay however Chicago Police Department and we have covered this on the show before does have a foot chase policy it's basically an internal policy that says when police officers can engage in foot chases so most of so if I remember correctly most of the time police officers can chase four misdemeanors but they have to have pretty concrete misdemeanors right domestic violence drunk driving reckless driving um they can still Chase for pretty much all felonies but um when it comes to foot chases um this without a specific crime unless you saw the hand-to-hand drug drug transaction or you know someone has a warrant which at least now isn't being alleged right um basically like the basic elements for Wardlow the high crime area unprovoked flight um so it seems like that's the at least from again from what we know right now it seems like that was the reason for going after Mr Clay um so it seems like this is a situation where this could be legal under the law however police departments have the ability and often do make policies that police officers have to follow that are more restrictive than case law so I think this is likely a case where this is probably a violation of the foot chase policy but it is likely a lawful foot chase a lawful detention and then because a gun was pulled on him obviously a lawful officer involved shooting so then we have to tell what's going to happen to the officer well if it's a lawful officer-involved shooting there shouldn't be any charges for the police officer of course not and you know it's likely that the actual time that the trigger was pulled I mean the guy was that guy had a gun was pulling it on the officer so that should be within policy right um so you know what is the punishment for police officers who violate the foot chase policy maybe a day off so that's what I would expect for the police officer maybe a day or two off whatever that is you know if the officer has violated the foot chase policy four times in the past that could be accelerated to a little bit more um you know maybe the first time you violate the foot chase policy it's only a written reprimand who knows I don't know the ins and outs of the Chicago Police Department's disciplinary system but that's likely what would happen whatever the punishment is for violating the foot chase policy that's the maximum that I would expect because I do think that this was actually legal under the law let's see if we have any comments on this case in Chicago officer blue gun says uh okay so you're going back and forth with someone Steve says if we have a second amendment how can police shoot someone if they may have a gun oh Steve that's such a good question so uh that's not the facts of this case Steve so so it's not like Mr Clay was standing there he had a gun um holstered wasn't holding it in his hand um that he was just standing there police officers roll up and shoot a guy because there's a gun in his pocket not the case not not the case what happened here Steve so facts are important Steve Ladner so in this case he was running from a police officer he turned around pulled a gun out of his waistband and started moving the gun the direction of the police officer that's not covered under the Second Amendment okay that is it would be reasonable for a police officer to think that this person who's running from them in that moment was going to use the gun against the police officer this is objectively reasonable all day now again so like I said so we have a set of facts that happen in this case Steve Ladner gave an example of a different case that literally doesn't exist in reality but you know if someone is just standing there with a gun and let's say the gun is holster just standing there randomly and the person is talking to their wife or kids or friend police officers obviously cannot cannot walk up and just start shooting at people because they have a gun on them somewhere so under that fact pattern police officers cannot do that Steve but that is not what happened in the case that we're talking about now uh let's see um why says cops also mute audio to conceal collusion um no they they absolutely don't wise Metro says cops moved audio as they choose that's not correct um wise metric so um what I'm going to say about that is do a little bit of research on body cameras and I'm gonna I'm gonna explain how body cameras work so let's talk about axon cameras made made by the taser company um and that's made by the uh that's made by the taser company um uh and and we can go I'll I'll explain kind of how these work but just in general Illinois state law does say that police officers can mute audio when they're talking to each other about tactics or about an investigation and stuff like that so just quickly for an example let's say police officers are about to do a right on a house and they want to talk about tactics that you go in the back I'll go in the front we'll do this talking about tactics they are allowed to mute that um and then when they go when they actually make contact with people like citizen contact they have to record but here's how the body cameras work typically here's how they're set up so body cameras are essentially they're kind of like in a in a standby mode when a police officer presses the button and turns it on what it does it captures video from 30 seconds prior to when you hit the button but you get audio immediately now the reason why that's good is you can imagine it's a situation where a police officer is standing there when a police officer is in their car or anything like that and someone runs up to the them all crazy crazy crazy and they hit the button because they didn't have their camera on before because they're not contacting anyone right so when things happen quick it's very reasonable um that when you hit the button that you get an extra 30 seconds of video now the way this cameras are set up that's not it doesn't catch audio that's not the fault of the police officers that's literally the hardware the software of how these cameras work so a lot of times when it shows that there's 30 seconds of video without audio that's nothing the police officer did it's just from the time the police officer hit the button you get video from 30 seconds back and the video and audio from the time you hit the button so that is not police officers muting or doing anything funny that's just literally how the taser axon cameras work um yeah so um we also there used to be days where um tasers had to be uh plugged into body cameras and stuff like that but but so again so if you're saying that police officers shouldn't be able to mute when they're having conversations about tactics and investigations well that's a different conversation point to a case and yeah we can go go ahead and discuss that specific one but I think you have a misunderstanding of exactly how police body cameras work so I'm happy to educate that's why I'm here Officer bluchen says the civilian office of police accountability investigated and found no wrong doing absolutely yeah so the police department found no wrongdoing uh let's say I think therefore I am you can't say some cops haven't muted body camps to commit conspiracy no I'm not uh I think before I am I'm not saying it's never happened and if a police officer violates policy or law they should absolutely be punished for it but what I'm saying is that typically police officers can mute if they are going to talk about tactics or an investigation that's normally how body camera policies work how state law Works in most places when it comes to body cameras but citizen contact that doesn't count you have to record citizen contact so again if you have an issue with that police officers be able to to when they talk about tactics not being able to mute again that's that's a different conversation obviously if police officers are doing conspiracy to commit crimes well obviously see that's criminal and I want those officers prosecuted just as much as you do Sergeant George says uh let's see uh moments like this is exactly why qualified immunity exists absolutely 100 uh the real Cynthia says we have plenty of evidence of footage needed to protect cops from collusion um the real Cynthia again so so General criticism um I I don't think is all that helpful so name one case put one case in the chat and what I will do is I will look into it and I will get back to you and cover it next week how about that does that sound nice um so yeah so put in a case and when you just say General things cops are racist cops are bad cops are tyrants okay that's not very helpful that makes you seem uneducated say here's a case here's what the police did and the police weren't punished for it because of some reason tell me about that case if that's what happened Cynthia I'm probably gonna agree with you because I do not want Cops to violate policy or violate law I will be standing with you saying those cops should be should face consequences for those actions if that's what happened but when when you just have General criticism again not very helpful put in a specific case to the chat I promise I will look into it alright so so that's that case um there's a couple of other cases that are older cases but like really big and important cases that really got a lot of news attention over the last couple years and they kind of wrapped up in this last week so I'm gonna go over them a little bit quickly because you know when we talk about cases on the show and in the media you know and when a case finally comes to conclusion I think it's important to wrap it up and just kind of put a bow on it just to see where everybody's at with it so the case that I'm going to talk about it's officer Tau and he was one of the officers in the George Floyd case so he was actually just convicted of state level charges of aiding and abetting second-degree murder so if you remember the George Floyd case like everybody does right so what officer Tao did he was the Asian officer who actually had no contact with George Floyd he had no physical contact with George Floyd what officer Tao did is he was on crowd control there was an Angry Crowd and they were becoming agreeing angry they would become aggressive and they were advancing towards police officers now here's the thing it was reasonable for them to be angry it was reasonable for them to be aggressive with police officers because officer Chauvin was committing unnecessary and excessive force on George Floyd we can talk about we don't have to get into exactly you know about yes George Floyd was high in fentanyl we wouldn't have to get into any of that all I'm making in the statement is and I hope everyone agrees the force that Derek Chauvin was using was unnecessary and excessive that's all I'm saying so when individual bystanders see a police officer obviously using unnecessary and excessive force it's reasonable for good decent citizens to be upset with that right so I'm not saying that the citizens didn't have a reason to be upset they did have a reason to be upset but from officer tau's position all officer Tau knows there are three police officers behind me one guy has 19 years on and he's a field training officer so and there's two kind of rookies that that are with him as well but officer Tau it would be why would officer Tao think hey this guy Derek Chauvin he's had a 19-year career he's still around in the police department he's a field training officer no one would think that this guy who's close to retirement is going to commit one of the most heinous acts on video right behind him no one reasonable would think that was going to happen so the idea that officer Tau was concentrating on the crowd and trying to keep them away was reasonable I don't think that officer Tau should have been charged I think it was a political prosecution again he never had contact with with George Floyd and again there was no way for officer officer Tau to know what was happening behind him that George Floyd was actually going to die there was no way for him to know that but he was sentenced to three and a half years but the thing is he was already sentenced to three and a half years on the federal level because these officers in the George Floyd case all four of them they were charged with federal civil rights violations and state level crimes so officer Tau he's already serving three and a half years for either the civil rights violations this was the state level charges so essentially and the way this happened was is it actually didn't go to trial what happened was his attorneys essentially wrote up a brief and the attorneys for the prosecution wrote up a brief and they came to an agreement that okay if officer tau is found guilty he will only be sentenced to three and a half years that he was already doing so essentially um um he would serve he would serve it at the same time um so the time served would be concurrent with the federal charges he was already facing so again it didn't go to trial that's why it wasn't in the news it was just each side wrote a brief and the judge rule the judge found him guilty but again just served him uh to serve three and a half years but he's already doing three and a half years for the federal civil rights violation um that is the last police officer um two gets sentenced for the for the state or federal charge in the George Floyd case so from now essentially all we have are appeals and jail time that's really it but because they're Federal convictions I wouldn't really expect any appeals to be successful unless it's the Derek Chauvin trial um at the Supreme Court level the court of appeals already said that they're not gonna they're not gonna do anything uh with the with the Derek chauvin's case so we'll see what happens at the Supreme Court level but um so that case is pretty much over and what a lot of people ask is isn't that double jeopardy like how can the government charge you with on the federal level and also on the state level how is that not Double Jeopardy well here's how so because so you have to look at it this way you can only be charged with a crime in the jurisdiction that it happened so if you can admit a murder in Minnesota only the Minnesota Government right that really that county that city um only the Minnesota Government can't charge you with that crime maybe you're from Wisconsin or the victims from Louisiana so Louisiana can't go ahead and charge you if it happened in Minnesota Wisconsin can't charge you if it happened in Minnesota so only the jurors so when it comes to double jeopardy only the jurisdiction where it happened can't charge you with a crime so the way that this is looked at is okay so the jurisdiction was Minnesota so we go ahead and charge him in Minnesota court but the way it's seen is that federal courts are a different jurisdiction even though it's the same act the same crime in the same jurisdiction they're allowed to charge you on the federal level as well now I think that's kind of and I'm not just saying that in this particular case a lot of defense attorneys who are typically not fans of police officers have been complaining about this literally since I started studying criminal justice stuff you know approximately 20 years ago when I was doing my undergrad that defense attorneys were complaining about this and here's normally where this comes into play normally it comes into play with like higher level Financial crime so someone will be charged with fraud on the state level and then some type of computer conspiracy computers on my thing right so some type of a federal can conspiracy or embezzlement or something else on the federal level so defense attorneys would complain well like it's the same crime like why are you why are you charging so why are you charging State Crime and fed crime so it's normally um federal financial crimes um and again and defense attorneys including Mark gargos have been complaining about this for years I've always thought it was wrong and weird like if you want to charge someone on a federal level charge them if you want to charge them on the state level charge them but if it's literally the same action even though technically per the law it's not Double Jeopardy it feels like double jeopardy so not only for police officers but all defendants and again when it comes to this federal charges police officers are not the majority of people who fall into this where they're charged really twice um and it's mostly defense attorneys um who again aren't fans of police officers who are been saying that this is wrong for at least 20 years um I I to me it seems wrong curious what you guys think uh Sergeant George says who can blame the civilians for the outrage that came out of what uh Derek Chauvin did now not me thank you Sergeant George you always have great comments yeah I I agree um uh again I I don't I I think that what the civilians were doing seeing what what Chauvin was doing um it should be upsetting I get why they were upset um I have no no beef with that at all I think that what they were doing um um how aggressive they were um I think it was reasonable under the circumstances because they had a very clear view of what shelvin was doing uh officer blue gun says uh uh I guess rationally and logically while taking effect circumstances of what specifics uh uh into the count is Warped uh Sergeant George says even Iowa and or Michigan can't charge you for what happened in Minnesota exactly uh let's see okay um thank you Dave London you have a brilliant comment today uh let's see okay so that's that case the other case that wrapped up the other case that wrapped up this week is the Kim Potter case now we all remember the Kim Potter case so this also happened in Minnesota in 2020 this is the case where Kim Potter did a traffic stop on Dante Wright she did traffic stop on Dante right for expired license plates it was a legal traffic stop upon contact with Dante Wright he's a 20 year old found that he had a warrant for weapons violation she tried to make a legal arrest Dante Wright decided that hey I'm just not going to go to jail today so he fought with police officers he tried to leave the scene Kim Potter tried to tase him she pulled at her she she yelled Taser Taser Taser but in all the commotion in in the dynamic situation she pulled out her handgun and fired it and shot him one time instead of utilizing her taser it's called taser confusion from 2000 to now from about the time we started to use tasers it happens about one time with the United States police officers where an officer usually in a dynamic fast-moving use of force situation pulls out their handgun instead of their taser and the individual ends up dying again it happens about once a year this happened in 2020 the exact wrong time for Kim Potter for this to happen so um and the thing is uh so so some people have said that you know Kim daughter purposely did that listen she didn't purposely use her gun the reason is is Kim Potter had been a cop for like 26 years 26 years with an unblemished record literally no problems for 26 years um she yelled Taser Taser she was visibly upset afterwards so so what you would have to say is Kim Potter is just about to retire but instead of retiring after like a really good and decent and successful career what she's going to do is she's going to murder a 20 year old black person for no reason risk 15 years in prison just because she felt like it like that's absolutely insane the thing is even Dante Wright's family the attorneys for the family the prosecutor and the judge so all of those people know more about the situation than dishonest Critics on the internet they all agree this was not intentional this was negligence maybe even Reckless but it was a mistake so just so you know even people representing Dante Wright's family no one's saying that this was intentional so Kim Potter was sentenced to just on under two years in prison she just got out and what I've been asked about a lot on my Tick Tock Channel police law news that's where I do daily videos and stuff like that but I've been asked a lot of times I did a video on this well what do I think about the Kim Potter sentence good thing you asked I'm gonna tell you so the Kim Potter sentence so essentially she was charged with you know some type of negligence negligence resulting in death which I think that's correct I think she was negligent and I think her negligence did cause or partly cause the death of Dante Wright so I do think and understand and I agree with her being arrested prosecuted and charged how do I feel about the sentence which was just around two years well so essentially what she was looking at was a maximum of 15 years in prison but the sentencing report when you look at her background you know the court does like a pre-sentencing report that's um you know pretty it's more like a computer generated thing where like type in a bunch of stuff and it spits out what they think a sentence should be a lot of different or what like an average sentence with be for this you know um depending upon the person's history and some of the facts you know all that kind of stuff so what the pre-sentence report recommended and the judge doesn't have to follow this judge could have censored to 15 years but with the pre-sentence report sentence said with seven years is what was recommended for Kim Potter so let's start there so we've got seven years well Dante Wright because he you know he was at least half responsible for his own death and I'm being generous there at least half responsible probably more but at least half responsible for his own death so I'm gonna take that seven years I'm gonna cut it right in half right in half so I'm at about three and a half years for Kim Potter then I have to think okay well what else am I looking at when it comes to the sentence well intent goes a long way with me so intent is what was someone trying to do and and you know you can you can criticize me but I'm gonna be just as honest as I can be I put a lot of weight on intent when I do all of my breakdowns the reason is what someone was trying to do to me is very important because if someone has we want people to have good intents we want people to to not have bad intent so what was Kim Potter's intent well she was did legal traffic stop she was trying to make a legal arrest if Kim if everything went perfectly for Kim Potter she would have arrested Dante Wright without incident and went home and enjoyed her evening so that was Kim Potter's intent now what was Dante Wright's intent Dante Wright's intent was to commit more crimes and flee from police and not go to jail well that's bad intent so because of that I'm going to call this an tax and I'm gonna take that three and a half years I'm gonna Lop off another year so I'm at about two and a half years for Kim Potter so I think two and a half years would have been a fair and reasonable sentence for Kim Potter you know with good time and stuff like that in two years that's about right so I think Kim Potter's sentence of two years you know what I think that was about right and what I like about talking about this case is I'm going to get from both sides I'm gonna have some people say that no she should have done 15 years she's a murderer I'm gonna have other people yell at me and say she never should have been prosecuted so you know I think that I'm being reasonable and you're kind of like alt middle when I know I'm gonna get from both sides and I've written several articles and done a lot of videos about the Kim Potter case and I'm telling just what happens I get almost no one who agrees with me and people tell me that she should have done 15 years other people say she shouldn't have been prosecuted I think the way that I came to this two years two and a half years I think that's about right for Kim Potter all right let's see if we have any comments on this uh Steve says Derek Chauvin is in jail because police have pissed off the population yeah I think it was partly yeah Sergeant George says In the Heat of the Moment it becomes a challenge for a police officer to tell the difference between a firearm and a taser yeah taser confusion happens about once a year uh Susan says until police training is completely changed nothing will ever change they literally deny applicants with too high of an IQ no joke Susan Susan why did you say that because now you're going to force me to talk about this Susan that's not correct I've actually written an article about this so I'm only going to talk about it for about 30 seconds but Susan why don't you go follow me over on substack over at police law newsletter um about last October I wrote a long form article basically debunking what you said because it's and it's not true um so I wrote a whole article about it I cite the case but what Susan is referring to is one time 25 years ago um someone scored high on an IQ test and they weren't hired by the police department not because they had too high of an IQ but what the police this one small Police Department in like New Hampshire I can't even find New Hampshire on a map okay this is like the 90s in New Hampshire what they found what the police department thought like this few this few administrators what they thought that if someone had a high IQ that they would get bored of the job because it's a small town they would get bored of a job and they would they would not stay with the department for 20 years which is what the police department was looking for so they had some type of personality test that said this and this case went to the Supreme Court um and basically the Supreme Court sided with the police department that you know because he sued for an unlawful unlawful like not hiring or something so um um what so what the Supreme Court said is hey now not hiring someone because of an IQ of not a high IQ that's a bad idea that's a really bad idea but you know when it comes to discrimination there is no discrimination class for people with high IQ so basically um what the Supreme Court said is that having an IQ isn't a protected class now what I mean by that is race sex age gender sexual orientation family status all of those things are protected classes high IQ like being a Chicago White Sox fan or someone who wears a purple shirt or someone who just got a haircut those are categories of people that's not a protected class so again the Supreme Court in that case said yeah it's a bad idea but you're not in a position to where you can sue so saying that police officer so what I'm getting at here Susan this was this was one case from a state that I can't find on a map that's because I've never been to the Northeast one state that I can't find on a map 25 years ago is the only case of where this happened since then there have been millions of police officers hired and people not hired by police departments since then this has never happened since uh read the article Susan all right so free talk says when you give somebody without a college education a badge this is the results um uh well Kim Potter had a college degree so um yeah I know what to tell you there uh let's see officer blue gun says because college degrees make people intelligent and proficient yeah so I haven't seen any research or anything that says people with college degrees um don't have taser confusion Steve says I'm at a high officer uh he helped me in the oil fields because uh it was not okay all right uh let's see um any other comments on this uh no other comments on that case but um sorry I get a little bit worked up about the IQ thing it's because now we're not going to hear from Susan for the rest of our lives but um uh if you haven't followed me on sub stack please go ahead I make uh I make I write articles about these issues and debunk this um all the time uh okay so the last case that I'm going to talk about is a case that happened in Cleveland Texas um um kind of in the kind of On the Border um this happened in Cleveland Texas a tragic case uh Cleveland Texas earlier this week there were five people who were killed here's what happened so um this is about 11 o'clock at night um there's a Honduran family that's how they were described in the media a Honduran family was trying to put down a newborn to sleep at 11 o'clock at night well again again and tent goes a long way with me that seems like a reasonable thing for a family to do to put down a newborn at 11 o'clock at night but they have a neighbor Francisco or a pace as a 38 year old man and for whatever reason he was outside firing his gun at 11 o'clock at night that made it difficult for the newborn to fall asleep so the family did what any normal family might do they walk over to the neighbor's house they didn't call the police they didn't weren't Karen's or anything like that they walk over to the neighbor's house and they say hey we're trying to put a newborn down it's 11 o'clock at night can you stop shooting your gun that's again very reasonable that's a good intent that goes a long way with me um well he didn't like that Francisco orpesa decided that he's going to be an absolute piece of and what he did is he took his rifle he walked over to the neighbor's house he went in and he started shooting he killed five people including an eight-year-old some of the people who were killed were literally protecting the infant who were in there um of course after after the shooting he was an absolute coward he ran from the scene and there was a huge Manhunt um I got to give props to the the law enforcement in Texas local police County Police State Police in coordination with the feds um they did a huge Manhunt they actually did get him into custody I think within 24 hours um his wife he was still in the area um he was still in the area he hadn't gotten far there's a wooded area nearby his uh his wife or his like long-term partner and also a friend they have also been arrested in connection with this so we don't know exactly what their charges are but I think we can all assume it's like hard bring him or something some are lying to police lying to the feds something like that now what's important to note in this case besides it being a tragedy is that this was absolutely 100 preventable the reason this was preventable is because Mr oral PESA had been deported four different times from the United States four different times he was deported and he came back he never should have been in the country in the first place now what the police police one that he was apprehended what they were saying is that he was trying to go back to Mexico so he was trying to find a plan in order to flee the country to avoid these charges yeah the only time he wants to go back to Mexico is after he kills five people um so glad that he was apprehended glad that he was arrested by police officers like I said it was a it was a great effort by not just local police officers but state county and the FEDS to get this guy into custody um so yeah so he's a 38 year old he will be charged with the five murders completely unreasonable I mean what kind of person because a neighbor asks them to stop shooting their gun walks over to the neighbor house into the house and kills five people including an eight-year-old that level of evil I I can't even I can't even begin to speak about it that was a horrible tragedy that happened this weekend again he never should have been in the country he's been deported four times so I know we can talk about you know immigration stuff like that but I think most people are on the same page or we should all be on the same side of this is that this kind of stuff shouldn't be able to happen we should have a safe and secure border and normal regular families who are just trying to put an infant to sleep should not have to deal with this kind of stuff um so that's going to be a little you know we'll take a couple more comments before we take off for the day let's see uh Steve said no Steve right already got that comment up uh let's see I think for therefore I am uh where do we send stuff for you to review uh found several incidents of police turning off body worn cameras for question on purpose I would like to send it in an email if possible oh yeah okay yeah cool um I think we will put our email in the chat yeah put our email in the chat or um again what you can always do is you you could always just put videos in there so what I do throughout the week even after the show is I do check comments throughout the week and I answer questions and I go back and forth with people and have nice conversations so um yeah so what um uh yeah so that's so that's what we do um but we did just put our email in the chat if you want to go ahead and email it I'll take a look at it and again so here here's my point it's just just so I'm clear just because I want to be clear on this I'm not saying that police officers are perfect I'm not saying police officers don't do this what I'm saying is that if police officers do it and it's a violation of policy they should face whatever charges or internal charger for the policy violation if they do it it's a conspiracy and a conspiracy that's against the law those police officers should be arrested and prosecuted so that's my point on it what I was saying is that is that um you know I was explaining to ever asked the question specifically about how body cameras work and that typically what you don't see is a police officer who's in the middle of a fight with someone and specifically mute their camera or or turn off their camera that typically isn't something that happens um again could it happen yes but that's not the normal thing I watch body camera we have a body camera channel right I watch body camera video all of him that typically isn't what happened but if it does and it's wrong you know what's going to happen but I'm gonna agree with you hey this is wrong and we're all going to denounce it together all right less comment is uh officer blue gun if someone could actually say something against uh police and a chat backed up by facts logic I'll be amazed that's so funny uh truth says uh no they mute when they talk to partner in a car truth yeah exactly that's exactly it when they're talking about uh uh what's your body cam Channel thank you for asking our body cam channel is cops and cons TV so what we do is we put a body cam video really the this raw interesting just awesome body cam video from all around the country and we upload we we it pro those and we we upload those um for you every single week and then once a week I do a live show and we talk about um really interesting uh uh uh uh really really interesting uh uh issues in policing um but uh yeah this is our Channel we do we do we do excellent uh fake cops uh politicians being arrested um other fine human beings being arrested by police officers for the most interesting body cam video that we can find we put on this channel and I do the show once a week so um that's going to be it for this week I really want to thank everyone for coming in the participation again I really enjoy it when people have different opinions other than me because I think that's where we disagree that's where the discussions have to happen where we stop having conversations of things that we agree with or things that we disagree on I think that's where communication and Society break down so um I really want to appreciate everyone from coming in thank you so much have a safe weekend and we will see you all very soon
Danger Zone
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