good afternoon this is Daniel here with
Copwatch TV just want to welcome
everyone into our live show where we are
going to break down and talk about some
of the most interesting cases in
policing that have happened in the last
week and we have a couple of strange
ones and a couple of controversial ones
that we're going to go ahead and talk
about first of all though if you haven't
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the chat that is what we what we uh
prefer because we think it's really
interesting to talk about some of these
cases and then really like to see
exactly what people think about these
cases maybe have a different opinion
than I do so that's one of the things
that as I'm going through these cases
definitely put in the chat if you
disagree with what I'm saying or if you
agree with what I'm talking about let me
know that way we can go back and forth
and um debating about these issue is one
of the most important things just want
to welcome everybody in looks like we've
got Ryan in we've got C and Randy good
to see you Canton Hall of Shame uh from
Ohio they are in as well and autistic
shill is from Winnipeg Canada so uh want
to welcome everybody in as well you can
go ahead and follow uh you can go ahead
and uh follow me over at police law news
pretty much everywhere uh but most
importantly please make sure that you go
ahead and uh follow uh subscribe to the
Copwatch TV channel all right so the
first case that we're going to talk
about and this one is really strange you
know this is one of those cases that I
saw the video is either on uh Twitter or
or Tik Tok and I saw the video of this
case and it was it was so strange the
behavior by the police officer was so so
bizarre that I honestly I didn't think
that it was real I thought that it was
some kind of reenactment or some kind of
a funny training video or maybe like an
old like a mic the mic the the the cop
video or something like that I I didn't
think it was real I actually contacted a
couple of different um creators u in
this space that I know just to see hey
is this video real or is it not
tragically this is real and if you
follow this stuff at all you know which
case I'm going to talk about so I'm
really curious to see what your thoughts
are on CU I have some pretty strong
opinions so this is a case and a video
that went viral from reform Alabama and
listen so one of the reasons why I
immediately thought okay this has
to be fake is because it's from reform
Alabama I mean it sounds like it's one
of those like fake police departments
like River City cops you know like a
it's almost like a fake police account
like that's what this seemed like and I
was going to laugh at the video because
it's so ridiculous but no reform Alabama
it's an actual place and this is
something that actually happened so um
essentially this was a video looks like
was taken from a cell phone camera video
that depicted part of an interaction
between reform Alabama police officer
Dana Elmore and an individual who she
had under arrest a 24-year-old named
Micah Washington so people are upset
about this case and you know they they
probably should be because this one
isn't good so let let me break down what
the cell phone videos show so
essentially it shows part of the
interaction meaning when the cell phone
video starts Mr Washington he's already
in handcuffs his hands are by behind his
back and the very beginning of the video
you can see that there's an officer
who's later identified as Dana Elmore
who's essentially escorting Mr
Washington to the vehicle at one part in
the at one part in the video only like a
split second you can see a second
officer is actually present however then
they aren't in the camera shot anymore
so one of the the defenses for this
officer which I I was combating pretty
much all week talking about this on on
on on Tik Tok and uh Twitter is that
people are saying well she was she was
alone with this guy and like that
objectively isn't true there's at least
one other officer there on scene the
very beginning of the video you can go
ahead and see that so the video starts
where she's essentially escorting Mr
Washington who is in handcuffs behind
his back to the to her to her vehicle as
she gets to the vehicle she goes and she
performs a search basically she has him
lean over the hood of a car and she
starts to search him at that point now
the first thing that is strange
motorcycle cop Chronicles podcast
awesome want to welcome you in um I
follow you on a bunch of bunch of
different channels you have a you have a
great show I want to welcome you guys in
so one of the most one of the strangest
things about this that one of the
reasons why any reasonable person might
think that again this is something like
a river city cops or or an old Mike the
cop video is because as she's doing the
search while he's been leaned over and
bent over um the front of the hood is
that she's doing this search with her
taser in her hand okay anyone who knows
anything about policing or is even just
a casual Watcher of body camera video
knows that police officers do not
conduct searches while they're holding
the taser in one hand so not only is she
holding the taser she literally has the
taser pressed up against Mr Washington's
back again all this is strange now I'm
not going to defend that in almost any
situation if Mr Washington were being
combative or he was resisting arrest or
anything like that I would have a lot I
would maybe not necessarily a different
opinion but I would at least say okay
you know there's a reason why she has
the taser out he wasn't from what we can
see on the cell phone video at least
from where it starts Mr Washington is
not resisting arrest in any way shape or
form so so she starts to search him when
he has when she she has a taser in her
hand and she again the taser is right up
against his back while she's searching
him Mr Washington says that he has a gun
so she goes in and she grabs a gun from
the pocket and she kind of tosses it on
the hood of the car and then after she
tosses it on the hood of the car she
goes oh yeah and at that point Mr
Washington asked he said why are you
saying oh yeah then she says shut the
up so it was after let me I missed
a part I missed the most important part
so so he she says oh yeah he says why
did you say oh yeah at that point she
deploys the taser in a drive stun mode
so basically what Drive stun mode is she
didn't step back and pull the trigger
and like and and deploy the the the the
probes at Mr Washington she she
basically just pressed it up against him
and she pulled and she pulled the
trigger in that manner so it was
basically a contact tasing but it lasted
somewhere between four to 5 seconds and
again the really wasn't any objective
reason or lawful objective for the
officer to do that he wasn't resisting
arrest he wasn't trying to pull away
even in situations where people do try
to pull away officers tasing individuals
under those situations a lot of time
that isn't Justified I mean think about
it we just covered a case of Officer
Kias in uh Connecticut a couple weeks
ago and in that case the individual
wasn't in handcuffs he was fighting with
the officer and was actively resisting
arrest and the officer warned him that
he was going to be Tak tased and the
officer went ahead and tased him after
that in the same type of contact tasing
in that case again individuals not in
custody actively resisting arrest and
trying not to be handcuffed and in that
case out of Connecticut officer kiost
he's being prosecuted so again when it
comes to tasing um this situation the
individual was was in handcuffs and
definitely not actively resisting arrest
at least from what we can see from the
cell phone video so she goes ahead and
she does a and she does a contact tape
he's basically yelling and screaming in
pain I mean anyone who's been tased
before it's not a comfortable thing
right so he's basically screaming and in
pain and afterwards you know she says
shut the up do you want it again
again it's just so strange and it's so
it's it's a bizarre thing for a for a
police officer to do and again Mr
Washington from a week could see he
didn't resist arrest he didn't pull away
um he was leaning over the side of the
car seemingly like she asked him to do
um so this use of the taser not only is
it is it in appropriate but this has to
be against any Department sop for use of
force that I've ever seen and it's
probably against the law this again this
is this is probably a situation where
she's going to be prosecuted for this
again we're going to go back to that
officer kiw case because it's a similar
situation only again in that case
officer kios is tasing someone who was
not handcuffed yet who is actively
resisting arrest that that case 100%
lawful and reasonable use of a taser
this is not I think it's important to
call out police officers when they have
bad behavior when they do something that
is objectively against Department policy
or against the law that's the only way
that we can be credible when talking
about cases like officer Sher and
officer kios and officer Lansford and
Las cruus New Mexico who have legitimate
and objectively reasonable uses of force
and they're prosecuted anyways um it it
gives us credibility when we can be
honest about these cases this is not
objectively reasonable what I'm curious
about is there anyone in the comments
who thinks that I'm wrong who does think
that there is based on the evidence we
have and again all we have is this cell
phone video based on what we can see
does anybody think that this use of a
taser is objectively reasonable or
within Department policy I'm really
curious to see what anyone says because
I don't see any any way that this case
is an objectively reasonable use of a
use of a taser by by the police officer
so the individual Mr Washington he was
arrested and he was booked on a ton
of charges from from uh resisting arrest
to drug traff trafficking to felon in
possession of a firearm now I have heard
some rumors online however I haven't
seen however I haven't seen any I
haven't seen any objective evidence and
I tried to look this morning to see um
um exactly what I did hear and like I
said it's kind of come in third hand
haven't seen anything from the da but
again please go ahead and correct me if
if anyone thinks that I'm thinks that
I'm wrong on this that um the charges
against Mr Washington have been
dismissed and at least what I've heard
rumor wise is that the drug trafficking
charges you know essentially the most
serious ones that those that those
charges are are fabricated I'm actually
had a couple people reach out to me um
over on Tik Tok who identified
themselves as friends of Mr Washington
who pretty much said yeah he shouldn't
have had a gun but this drug trafficking
like it's it's it's it's
all fabricated so again if the if the
charges are fabricated that's going to
be a whole host of other problems um
with this case and with this officer as
well um I think it's important to call
fall out bad policing when we see it
right in front of our faces this is an
example of it um again I'm not saying
that the charges are fabricated or that
he shouldn't have been charged um but I
think it's really important um uh re
really important to see uh if that is
not Kelton Tucker says fabricated yeah
right cops never lie I think uh I think
Kelton Tucker is uh uh is uh being being
sarcastic there um as I've said before
not just because we have the the best
body camera Channel out there here on
copat TV but obviously I want all police
officers to wear body cameras not only
do I want them to wear body cameras I
want them to record all citizen contacts
that have something to do with a law
enforcement contact if a police officer
gets out of a car and walks into a gas
station and and gets a cup of coffee no
police officers shouldn't have their
body camera recording then but of course
in a situation there any kind of arrest
police officers should have their body
camera running because now again there's
allegations that these charges are
fabricated that that the that the drugs
had been planted well again you know
police officer having their body camera
running really easy to confirm or deny
that and if a police officer has their
body camera running there is a lot of
incentive for the police officer to not
record themselves committing a felony so
we don't know if the police officer was
running their body camera footage
however if they were running their body
camera footage we should know exactly
what happened boom news want to welcome
you into this to to to to the chat as
well um all right so we're going to keep
an eye on this case and and we're
probably going to come back to it
because whether or not that there was
body camera footage whether or not I
know the officer has been placed on
administrative leave however we don't
know um uh you know if she's going to be
charged with any kind of a crime but it
does it does kind of look like um that
that that could be the case um cjun
Randy's asking U the the motorcycle
motor cop Chronicles podcast bad tactics
yeah so cjun Randy what what I think a
motor is saying about bad tactics is not
the whole thing or the tasing wouldn't
be considered bad tactics but doing a
search with a taser in your hand just
that is bad tactics that doesn't make
any sense so again I don't think that
the mo motor cop was explaining anything
else but he made that comment or they
made that comment right after I said she
was conducting a search with the taser
in hand yeah that is bad tactics that's
the first thing I said that is
absolutely correct how about criminal
Behavior yeah cjun Randy I said I think
this probably is Criminal Behavior by
the police officer I do expect her to be
charged and and unless there's something
that we're completely missing if what
I'm saying is true if what is depicted
on the cell phone video if that's all
the evidence we have yeah it does seem
like that there was criminal behavior
from the police officer and as I've said
many times on the show if a police
officer commits a crime uh they should
be prosecuted okay so we're going to
keep an eye on this one now the next
case that I want to talk about it's a
case that we've already covered however
it's been in the news so I'm just going
to do a little bit of a recap um of this
case and and and basically this is this
is about the Leonard cure case so this
is the Leonard cure case that happened
happened in uh Canton Camden County
Georgia um a couple months ago Ben Crump
um is representing the family in the
estate of Mr cure um and he did a press
conference this week so this case was
again in the news um Ben Crump basically
put Camden County on notice that there
is going to be a 16 million doll lawsuit
filed just kind of want want to recap
this and talk about talk about this
lawsuit really quick so if you all
remember um we again we we did we did
cover this case um it's important to say
that Ben Crump you know he's basically a
police Chaser not necessarily an
ambulance Chaser and what what this case
is about is Leonard Kure you know he
basically starts as almost a sympathetic
figure or how about definitely a
sympathetic figure so Leonard cure did
16 years in prison for a crime and he
was just exonerated so he was exonerated
about three years ago um after doing 16
years in prison for a crime that the
government has now said that he didn't
commit he's out free he got a settlement
from that I think it was over $800,000
to me if you do 16 years in prison
$800,000 that doesn't sound like enough
but anyways that's what he settled for
um with the with with the state after
being incarcerated for 16 years now
Leonard now he's he's doing he's doing
his own thing he's back in school he's
he does speaking engagements well he was
stopped by by a police officer for doing
over 100 miles an hour I'm in a lot of
States that's considered reckless
driving when you drive 30 miles or so
above the speed limit so Mr Kure he was
stopped he didn't stop right away
finally he pulled over he made contact
with a police officer I did have some
criticism of the of the tax itics of of
the police officer but again bad tactics
of a police officer doesn't equate isn't
a crime to have bad tactics but I did
have some qu and I got some push back on
whether or not his tactics were were
actually bad when it comes to um that uh
that uh traffic stop but um you know I I
I don't I he wanted to the officer you
know basically was very reasonable when
he contacted Mr cure here's what I mean
by that is because he first gave Mr cure
directions and commands to cooperate to
put his hands behind his back Mr cure
refused then the officer he essentially
his escalation of force was extremely
reasonable um the off the the the deputy
with with camon County he first went
Hands-On he used empty-hand tactics um
when that didn't work he pulled out a
taser and he let Mr Kure know that he
was being arrested he gave him the
reason why he was being arrested Mr cure
resisted arrest um during during the
application of the taser which again was
after the verbal verbal command failed
um empty-hand tactics failed so the
officer went to a taser which was
reasonable the taser did not have the
desired effect and as he was being tased
Mr cure actually attacked the police
officer as he was attacking the police
officer and the two off the two men were
basically doing a standup wrestling
match Mr cure was able to get the upper
hand he wrapped both of his hands around
the neck of the officer around the
throat of the officer and was trying to
choke the officer and he did one of the
most creepiest things I've ever
seen on body camera video as he had his
hands wrapped around the officer's
throat and was pushing the officer down
basically trying to choke the light of
the officer he was saying in this creepy
Whispering tone yeah yeah I
mean just a creepy guy right
there um at that point while the officer
is being choked the officer could have
and should have utilized deadly force
immediately as soon as someone's hands
are wrapped around your throat that's
deadly force absolutely that is deadly
force but the officer didn't do that the
officer while he's being choked he pulls
out a baton and he starts to try to hit
Mr cure with the Baton as he's being
choked again to me that was not good
tactics because he didn't use enough
Force there well quickly the officer
realized that that was not going to be
effective and it was at that point that
he did pull out his handgun and that he
did shoot Mr cure as Mr cure was trying
to choke him and not trying to actually
choking him with his hands around um the
officer's throat so that so again I I
Not only was this on body camera video
but it was on dash camera video because
the officer it's not like this isn't a
well I thought that he had a gun or or
you know he could have pulled the gun or
he could have pointed at me this isn't
of what could have happened this is the
case of what was happening the officer
was being choked um the life out was
being choked out of him at the time he
utilized deadly force one of the most
justified officer involved shootings
ever caught on video that's not good
enough for Ben Crump because he filed a
$16 million lawsuit um against the the
the deputy and of Camden County um the
thing with Ben Crump and motorcycle
Chronicles um was talking about this a
second ago is that he essentially has no
in incentive to be honest he has no
incentive No need no intent to be honest
um he basically relies that no one is
going to call him out on his
because Ben Crump knows that as soon as
someone calls him out on his
they're going to be accused of racism
and and that that's exactly what's going
to happen that's why no one calls out
the veracity of anything he says here's
this here's what I mean by that for
example during this press conference now
Ben Crump he basically said he he filed
the $16 million lawsuit and the reason
he said he said $16 million is
significant and here's why it represents
one year for every year that Leonard
cure was was incarcerated hang on
Leonard Kure being incarcerated before
by different government actors and again
he already settled that case for
$800,000 he's been free for three years
that has nothing to do with him trying
to kill a police officer and then losing
his life in the process it has
absolutely nothing to do with it but Ben
Crum he talked a lot about those 16
years
which is why they're suing for $16
million now he also talked about the
officer's record he talks about um
Internal Affairs investigations against
the officer from a decade ago so hang on
so let's so let's let's so so we're
looking at this case so here's what Ben
Crump is saying is relevant in this
lawsuit what the officer did to violate
policy not law but violate
administrative policy a decade ago
that's relevant 16 years that Leonard
cure did in prison that this officer had
nothing to do with that's relevant but
the off but but Leonard cure trying to
kill the officer by wrapping his hands
around the officer's throat that's not
relevant because that wasn't mentioned
once and guess what nobody asks any
questions there are no questions there
are no follow-up questions when this is
covered in the news they talk about
Leonard cure being an exonerated man who
was killed by a police officer never
once do they say hey Hey listen you know
what um Leonard cure he was actually
trying to kill the police officer when
the officer um utilized deadly force um
so that's why it's just so absolutely um
insane it is it is dishonest um and I
just want to say it's not racist to call
out Liars that is that is not it's not
racist and you shouldn't let other
people um like Ben Crump tell you that
you are um all right so let's see
autistic shill has a comment but he got
out angrily screaming at cure to get out
of the car I don't know if the cop knew
Cure's passed but he shouldn't have
yelled um yeah so autistic Shield that's
a really good point and um I so I did I
did have that criticism of the police
officer and I got a lot of push back
from other cops on that but but autistic
shill I I think you're right so so
basically so so essentially what
happened was as the police officer made
contact with Mr Kure and again he didn't
know Mr Cure's history because when you
run a license plate it comes back to the
owner of the vehicle the registered
owner of the vehicle now an officer is
driving trying to catch up to a car at
100 miles an hour the car isn't stopping
you're typing in a license PL you're
calling it into dispatch I can tell you
what the officer isn't doing at that
point the officer isn't going on their
phone and doing a Google search of the
history of the registered owner because
again A lot of times who's driving the
car isn't even the registered owner so
so so no so the officer absolutely had
no idea who he was stopping um that so
he just didn't possess that information
it would literally be impossible for the
officer to possess that information um
so what the officer did as he approached
the car so because Mr Kure was driving
so fast um you know 100 Mil an hour um
and the car had tint on it um so again
the officer not only could the officer
not tell um how many people were in the
car he couldn't tell who the sex of the
person in the car yeah the officer had
no idea who was in the vehicle um um so
so as the officer approached the car he
had already made the decision that he
was going to arrest the driver for
reckless driving okay that's fine that's
a legal thing that police officers can
do um so what he did is as he was
approaching as he was approaching the
car he got kind to like the back of the
pickup truck kind of where the tailgate
is and he started screaming at Mr cure
to to to get out of the car and giving
him command to get out of the car and
place his hands behind his back and I
said this when I initially covered this
case I don't like it that's not my style
now again just because I don't like it
and it's not my style doesn't mean it's
illegal for the police officer to do it
doesn't even mean it's against
Department policy right because here's
what I said at the time when I covered
this case I think I even wrote an
article about this case and I said it so
typically there's there's a couple
different ways that police officers do
traffic stops you know the one is the
normal way you walk up to the car a
street cup training you know teaches
officers to go to the passenger side a
passenger side approach I happen to like
that um um uh I happen to like that
aspect um of of a police officer doing
traffic St it's something that I never
did when I was on patrol but I probably
should have it's probably a probably a
safer thing to do um is that is that you
um you you go up to the passenger side
so you e you contact the driver and you
say you know hey I'm I'm I'm I'm officer
Daniel with the with with the whatever
whatever Camden County uh Sheriff
Sheriff's Department I see your driver's
license registration insurance card you
know even if you're going to arrest
someone you make contact with them you
know you go ahead and you get their
personal information so you know who
they are uh the reason you pull them
over you ask them for all the documents
like that's one normal way the the other
time is is if you do a felony stop let's
say someone is so dangerous let's say
someone is so dangerous and this happens
all the time right stolen cars maybe
someone you do the license plate you
type it in that happens to be a felony
warrant maybe you know this is the
suspect of a felony there could be a
thousand different reasons why an
officer would do a felony Stu that's
typically where you get two or three
officers there you know at least three
officers typically but I don't know how
rural this county is you get a couple
officers there you know um you typically
have lethal and less lethal weapons
weapon systems pointed at the car
because it's a felony stop because the
individual is so dangerous that this is
why you have to do this and I'm good
with it that happens a lot of times I
mean I worked in a really violent city
so you know that's a reasonable thing
that would happen all the time several
times a week we would be doing felony
stops and you know so you do that and
you call you use the PA system and you
give people commands to step out of the
car with their hands in the air and you
give them all kinds of all kinds of
instructions and they come back you
place them in handcuffs throw them in
the back of the car then you IDE
everybody once the car is clear I'm good
with that well again this officer did
something again kind of in the Middle
where he didn't have backup there he
didn't go and contact Mr cure but he
started to just scream commands at Mr
cure without telling him who he was the
agency the reason for the traffic stop
he eventually told them the reason for
arrest but not initially so the idea
that that could trigger PTSD and Leonard
cure yes of course that's possible maybe
that's why Mr cure was so aggressive
with the officer now again police
officers are not psychic there's
absolutely no way for the police officer
to know that's the history of Mr cure
okay so I mean there's again there's
there's no reason to so that's why I
don't like it if if someone is so
dangerous that you're going to arrest
them and I'm good with it call for
backup and and do do a felony stop or do
a regular traffic stop where you
introduce yourself and you say the
reason for the stop so what the officer
did again it's not illegal um and it's
probably not even a violation of policy
but you know Common Sense wise is it a
good thing uh I said I'm I'm I'm not a
fan of that um I'm I'm a fan of either
doing a felony stop or a traffic stop
where you introduce yourself and you say
the reason for the traffic stop and you
have that kind of a contact um it's hard
to say what would happen and what I do
know is that no crime um besides the
traffic violations no crime was
committed by either individual until Mr
cure resisted arrest and then tried to
kill the police officer and it was
absolutely a Justified use of force even
if the police officer wasn't as nice and
friendly as maybe I would want them to
be again a policy violation by a police
officer is not equivalent legally or
morally to a violent felony it's just
not um okay so the next case that I'm
I'm going to go ahead and talk on this
case actually happened a couple years
ago but it was recently in the news um
it was recently in the news uh reference
a uh uh reference lawsuit and I'm really
curious what motorcycle Chronicles
podcast has to say because I think the
first time that we interacted was
article I wrote about police officers
chasing cars and it was a case where um
I don't remember the case exactly but I
do remember that it was it was a Pursuit
um in my opinion was that you the police
officers shouldn't have conducted this
Pursuit because someone died and the cop
was charged and you know um and me and
motorcycle kind kind of went back and
forth a little bit on this and I I
definitely appreciate when people have
especially educated and experienced
individuals have a different um opinion
than me on these cases that's good
that's where we can have reasonable
discussions that's where we can get to I
think a place that everybody wants where
bad guys go to go to jail and police
officers are safe right um okay so this
is a case that happened a couple years
ago in December of 21 um and it
essentially happened in Boon Beach
Florida um Boon Beach Florida uh it was
a 13-year-old named Stanley Davis iiii
his parents for whatever reason bought
Stanley Davis Jr a dirt bike bought him
a dirt bike and then essentially let him
ride this dirt bike all around the
streets without any adult supervision in
Bon Beach Florida now the Florida
basically um the kind of dirt bike that
he had it was classified in the State of
Florida under Florida law as an OHV an
off-highway vehicle and basically what
the law said is that you had to be 16
years old in order to drive this thing
uh by by by itself um so not only is
that what the law says but you know
essentially these are always sold with a
you know essentially this kit is sold
with a package of Monster energy drinks
and a mullet um but but for whatever
reason Stanley Davis is driving this
thing around he's 13 years old his
parents let him do it and as he's
driving this thing around Boon Beach
Florida he's driving kind of like an
idiot he's driving in a reckless fashion
that obviously and predictably um
garnered the attention of a police
officer in Boon Beach the police officer
tried to stop him um Stanley Davis being
13 years old decided he wasn't going to
stop from for the police officer and
there was a Pursuit on the police
officer not my opinion but the opinion
of the police department is that um the
officer chased and pursued against
Department policy and essentially that
um broke Department policy and said that
he the officer should not have pursued
as long as he did as the officer was was
pursuing uh the 13-year-old on this dirt
bike um the investigation found the
13-year-old got up to about 85 miles an
hour now I have a hard time believing
that this vehicle could travel that fast
but all the reports on this case that's
how fast it said it was going so don't
don't get mad at me for reporting that
because that's what it said um though I
have a hard time believing it could
travel that fast but anyways that's what
uh that's what the police department
said is that the the kid was able to get
this thing up to 85 miles an hour um he
crashed and he died um the the the
police officer was fired um for
violation of policy when it comes to to
uh uh pursuing it um outside of or
against the the department policy um and
I just want to say that my thoughts on
this so I'm really curious on what
motorcycle has to say in boom news is
that you know my opinions on this is
that you know I don't really blame the
teenager because the kid's 13 years old
I don't blame blame the police officer
even though the police officer violated
policy again I've said it before a
violation of Department policy is
different and not equivalent to
committing a violent felony to running
from police officers to committing
crimes they're not the same all right so
yes I want police officers to follow
policy but again violation of an
administrative policy is not a crime it
just it just isn't um this is a tragic
example of absent and irresponsible
parents that's who I blame um however
despite that the parents have filed the
federal lawsuit for deprivation of
Rights for several million dollars
against the police officer and against
uh against the police officer and
against um and against the the the
police department I know we always talk
about qualified immunity this is one of
those cases where I think there could
could be a qualified immunity fight now
a lot of times when people comment about
um motorcycle says the parent should be
charged for allowing the kid to ride on
the roadway I agree 100% uh 100% uh
motorcycle because think about it
motorcycle what if this kid had done the
exact same thing he did only killing
himself he killed someone else who would
be at fault legally the parents would be
at fault right so again so logically and
legally it just doesn't make it doesn't
make um any any sense um but yeah the
but the parents are suing the police
department and here's where I think
there could be an interesting qualified
immunity fight because again A lot of
times when people comment and not people
like boom news and uh uh motor cop but a
lot of people who don't know comment
about qualified immunity but essentially
qualified immunity is protection for
police officers really all government
employees but we're talking about police
officers when it comes to civil lawsuits
so if you so that's all its protection
for um qualified immunity does not stop
police officers from being investigated
suspended disciplined having their
police officer license revoked it
doesn't prevent them from facing
criminal charges on the local level or
on the federal level all qualified
immunity does is protect police officers
from civil lawsuits that are against
them personally that's all it does and
you cops only have that protection um
and cops only have that protection if
they did not violate and I quote clearly
established rights so you know a lot of
the time where let's say a police
officer doesn't violate rights um but
and they're and they're and they're sued
um cjun Randy says qualified immun is
made up out of thin air by the Supreme
Court kjun Randy you're right it's not a
federal law it's not a federal statute
um yeah qualified immunity is um
qualified immunity is
um yeah qualified immunity is a judg
made Doctrine so yeah you're you're 100%
right there um so it's uh um yeah
qualified immunity is starting to go
away on the state level it is Boom news
yeah some states have gotten rid of it
um along uh on the on the state side but
not necessarily um not necessarily um on
the federal side that is still that is
still there um so what you have to look
at in this case is so the basically the
police department has said hey this
officer violated our department policy
so we are are we are not so he violated
policy we're going to go ahead and fire
him so now if the officer is sued along
with the city a lot of times the city
will you know cover for the police
officer um but we'll see if that's the
case here um to see if that's if that's
actually going to happen or not um all
right so the last case that that I want
to talk about this one that i' I've
covered before um they were just some
and this is just a a quick a quick
update the Elijah mlan case so the
Elijah mlan case happened in Aurora
Colorado um you know he was the the the
young black kid with autism who was
walking around a night in a ski mask
someone called police said hey he looks
suspicious had committed a crime he did
he look suspicious I mean again he's
walking around at night in a residential
neighborhood um with a ski mask on is
that weird yes is it suspicious yes now
does weird and suspicious does that
equal a crime was committed no and what
do police officers need in order to
detain someone even on the very lowest
level police officers need reasonable
suspicion that a crime has been
committed but they have to articulate
what that crime is they can't just say
hey you're weird and suspicious we're
going to go ahead and stop you no
basically what it is is that basically
what it is is um there there's a crime
that was committed hey this guy in a ski
there was just a burglary at this
residence um the person who left is a
20-year-old black kid and he's wearing a
ski mask police officers get there 3
minutes later and two blocks away they
see one black young one young black guy
there and a ski mask yeah they can
detain him because that's reasonable
suspicion that crimes have been
committed um that doesn't mean he's
guilty that doesn't mean he's going to
go to jail but that's enough to at least
detain him but that isn't the case here
with Elijah mlan he was walking around
in schemat just because he's weird okay
just because he's a strange guy which is
not against the law police officers
respond to the call and they go ahead
and detain him and Elijah mlan he
resists he doesn't want to be detained
because again he didn't do anything
wrong um police officers use Force
against him they get him into custody
and realize this guy's weird he's got to
be on something he's having some medical
issues like something's wrong with this
guy so police officers call Medics once
Medics get there um Medics give him way
too much ketamine that's what the
autopsy showed and that that's what the
medical examiner showed is that um yeah
they gave him way too much ketamine and
essentially the ketamine killed him both
police officers and the Medics were
charged um were were charged in this
case and I said from the very beginning
I said the police officers had
absolutely zero Reasonable Suspicion to
stop him and to um detain him that's
wrong so if you is that a policy
violation is that a civil rights
violation whatever the cops did right
there that was 100 now because the
police officers used Force when it was
in illegal detention is that some kind
of a battery or some kind of a criminal
charge I'm I'm I'm I'm with you I'm with
you there I think the cops up
there they should not have detained him
and they definitely should not have used
Force to detain someone who hadn't
committed a crime there was no lawful
objective there okay so so again if you
wanted if you wanted to fire the cops
sue them sue them for civil rights
violations for initial detention and
then you know charge them with battery I
can walk down that path with you I I can
I can I can see a pathway there where
that's reasonable but charging the cops
with murder that's absolutely insane
they never should have done that because
the police officer didn't kill him the
paramedics who were there on scene who
gave the kid ketamine they're the ones
who killed him that was the cause of
death so one of the police officers
Nathan Woodyard who was indicted for
murder on this case he was just
acquitted he returned to his job and
because they fired him over being
charged with that he was able to get
back pay he got
$212,000 in back pay here's the lesson
do not suspend fire or prosecute police
officers for no good reason just like I
said I I honestly think that the police
officer messed up with the initial
detention okay that's where the officer
um that's where the officer messed up
cjun Randy what were they charged with
was it
manslaughter they were charged with
something under under one of the
homicide statutes I don't know the exact
charge but I was it manslaughter what
were they charged with cage and Randy
something something like that it was it
was a serious felony it was somewhere it
was it was under the homicide statutes
um I I can't remember exactly what it
was but they were charged with something
like that so the but again the officer
when it comes to Elijah's death the
officers should not have been charged at
all okay this is a case of overcharging
police officers again had the department
investigated the police officers just
for the initial detention and had the
had the state charge the officers just
with the battery just with the initial
use of force they probably would have
been successful in that because I
honestly think that's what the cops did
wrong in this case they probably would
have been successful in that the
officers would have been fired and they
probably would have gotten you know um
uh probation for for the battery and
that probably okay so one person was
convicted convicted cun Randy fine one
one guy was convicted but how many
police officers so negligent homicide I
think is what they were charged okay so
one guy was convicted but none of the
other cops have been convicted all right
um uh uh so the none of them were were
uh uh convicted um uh let's see uh
besides Roda so one one guy uh negligent
homicide and third degree assault I
think is the one guy who was convicted
but the other ones weren't and what I'm
saying is that you have a case like this
they overcharge this they overcharge
this police officer they based his
termination from employment on that
overcharging and what's the result he
gets his he's acquitted he gets his job
back he gets over $200,000 so again if
you honestly think the police officers
did something wrong you should not like
the overcharging of police officers
because this is the predictable result
just like I said police officers if they
commit a crime they should be charged
they should not be overcharged okay they
should not be overcharged but they
should not be um because this is why
this is this is the reason for it you
charge them with what they did not with
you know the the these fantasy crimes of
of something that they that they didn't
do um uh yeah cops blame the paramedics
and the paramedics blame this case on
the cops catr and yeah which is
ridiculous I know I've talked about this
before but this is this is insane um for
the paramedics to blame the cops so
basically if you're if you're the
paramedic and you show up on scene and
and you're talking about something
medical you should not listen to
anything that a police officer says
here's why so I I went to the police
academy in 2005 and I got uh I went to
the police academy in 2005 and um um I
got um basic basic CPR training um you
know in every couple years I got a
couple hour updates right um of that but
again that's I'm not a paramedic I'm not
an EMT uh they should not listen to me
at all when it comes to a medical
decision that's why police officers call
paramedics to make a medical decision um
of of what's going on there absolutely
should have nothing to do with it uh
let's see uh Steve Slader says what do
you think about District Attorneys
dropping charges against officers after
being indicted by Grand jurries yeah I I
think that so a district attorney they
have a job um their job is to seek the
truth um so they're not supposed to be
on the side of cops they're not supposed
to not be on the side of cops um
District Attorneys are elected and um uh
they're supposed to seek the truth um
they're not supposed to just try to win
there they're trying to seek the truth
so um I think we would have to talk
about like what the specific case was
and I would have to listen to why the
district attorney did that um and then I
would have I would have a a decision on
it the thing is District Attorneys are
elected so if the people in that
Community disagree there's a very easy
way to get rid of that district attorney
is they can go ahead and um elect
someone else to that position um all
right so those that's the last case that
I'm going to cover I'm going to give a
little teaser for next week because
there is a case that you know even
though even though I live here in the
southwest um there's a pretty really a
strange case that's happening in Phoenix
right now that um uh uh that's happening
in Phoenix right now that I just haven't
been aware of and again I follow these
cases you know I write articles on
police stuff I do daily content um over
over on over on my Twitter and and uh uh
Tik Tok and I didn't know about this
case um um so I'm going to tease it um
I'm also going to tease that we have a
body camera uh footage dropping tomorrow
uh with a door Dash driver so you guys
love love those kinds of videos and it's
coming out tomorrow so make sure you
subscribe to the channel and comment on
that one um but what I'm going to talk
about is this case it's happened out of
Phoenix and and um I was just made aware
of it um this morning so my friend Drew
Breezy who's over on the podcast
failured to stop he got a hold of me
this this morning he wanted to talk with
me about it and and I so I did some
research on it I didn't know about this
case essentially in Phoenix there's a a
female homicide um
uh detective with the homicide unit who
mishandled the allegation is that she
mishandled evidence and about 30
something homicide cases um the
supervisors got wind of it and as soon
as they got wind of it an internal
investigation started she went ahead and
went on medical leave and retired um
there's still over 30 murder cases that
are pending that it's unknown if she's
going to testify or not um the the news
there in Phoenix has been um hounding
her trying to figure out what's going on
with her um apparently she started a
couple other businesses so they've tried
to set up appointments to be to try to
get her on record um so I'm really I'm
really interested to see what happens
with this case um I'm going to do a deep
dive on it this week and I'm going to
I'm going to probably lead with that
case um this week a couple other
wrinkles to this case is her husband is
an assistant police police chief um also
all of this is Under The Cloud of the
Department of Justice in Phoenix right
now doing a pattern and practice
investigation and they're trying to
determine the two parties are going back
and forth whether or not there's going
to be a consent decree in Phoenix so so
the Department of Justice is
investigating Phoenix Police Department
and now we have these 30 murder cases
who knows what's going to happen because
of a detective who's married to an
assistant chief um again maybe no one
did anything wrong um but they aren't
saying a whole lot about it and and um
it's it's an interesting case and it's
one that I'm going to do a deep dive
into this week um I may even go on
failure to stop to talk with Drew Drew
Drew Breezy about it as well um but
that's going to be our our show for the
for the week um I want to thank everyone
for being in here thank you for all of
the all all of the comments and the back
and forth um I hope that everyone has a
safe weekend and if you haven't already
please go ahead and subscribe to the
channel and we will see you next
Friday