No, you are. You're trying to say that a third party can get involved into a situation where one person trespassed and then a second person trespasses on private property and yet you guys want to sit there and say that I incited the third person to come and assault me? A man reports being assaulted on his own property, but when police arrive they downplay the attack and push questionable charges instead. Calm and informed, he stands his ground and refuses to back down. As pressure builds, their actions unravel. Watch till the end and share your thoughts. >> what happened? Okay, I'll repeat myself since the other [clears throat] officer didn't write any notes. It's This is how we do things. I we talked to one party, he talks to you, then we swap places. >> Then where's the kid that assaulted me? He's sitting on the porch, sir, if it's any of your business. >> Okay. It it actually is since he assaulted me and I expect to be in handcuffs before this thing's over. I [ __ ] was trying to defend myself no matter what cuz I had three people that were against me. I didn't know where I was going to be [ __ ] punched from next. >> go above your head at any point in time prior to that. No, it was right here because I had taken a drink and then I was right here. After he hooked me, you're damn right I was trying to use every aspect I could to defend myself on my property. So, I I noticed when you were explaining everything [snorts] to me you like talking with your hands. My hand would have gone like this, not like this. I'm just trying I'm and and that's fine and I'm and I'm explaining what your question's going to be and I want to press charges. I want to make that explicitly clear. So He assaulted No, I don't care what your investigation shows. He assaulted me on my property. If you aren't willing to [ __ ] cite him with a ticket and take his ass into [ __ ] jail whether he's a minor or not, that's [ __ ] Cuz he assaulted me on my property, sir. I am trying to be as as as as as nice as I can, but I'm sure that if you were assaulted, you wouldn't be very happy right now, sir. All right. Felt like your neighbor was driving erratically. You you confronted her about it. Yep. She claims that you spit racial slurs to her. He came over to confront you about it. On my property. You need to make that explicitly clear, please. He trespassed on my property without my permission to confront me. No, it wasn't outside. He was directly in front of my garage door. He confronted you about an altercation that you had with his wife. You guys continued to argue about what you said. >> No, we didn't argue. He was calm, I was calm. I told him I didn't lie. I told him that his wife was lying to him and I never called her a dirty Mexican. Okay. So then she came over to make sure that >> She was right about where that white line is on the concrete. Okay. She came over on the sidewalk to hear what you two were discussing. >> was bantering as well. She didn't agree with what the conversation was between you and her husband, so she added to the conversation. Yep. You started engaging her. Yep. Son came over to see what was going on. >> Oh, he didn't come over to see what was going on. I I'm trying to tie all this stuff together. >> No, that that's fine, but I I think you're What with all due respect, officer, you're giving an innocent aspect. He came over because he heard what his mom told to her husband and heard me yelling at her because she was still lying. >> you out of the out of the protective son of a mother, if somebody was spitting racial slurs to my mother, I'd be there to have her back, too. Okay, that's fine even though it was a lie. No, no, that's fine. >> Liar or not. Okay. Liar or not. No, if my mom was lying, I'd call her out on it, too, and that's >> know that? I I and I told him Okay, that's fine. That's fine. Continue. Continue, sir. You re-engaged the mom. He felt whatever and then he stepped on your property and pushed you in the face. Yep. Okay. At no point in time did your beer bottle go above your head like you were going to hit his mom. Nope. Okay. At the point in time when he So, can can I explain something else? At the time when he slugged me, his mom was still over there and I was about here and he was there and then stepped onto my property and slugged me. If he thought his mom was in danger or that's what he's saying, I'm closer to him than I am his mom. That's [ __ ] >> why are if you started at the garage and Because he came up and started yelling at me. So you came over and engaged him. I came and engaged him, but I didn't step one foot on public property. I stayed on my private property. Okay. And again, my beer bottle didn't go above my waist and if it went above my waist, it was about belly height. >> At no point in time outside of trying to defend himself from being punched in the face did his hands go above his head. Well, just to make a point of fact, sir, both of you Sir, if you would turn and look at me while I'm talking, please. And he's ignoring me now. If she already lied about me making a racial slur, with all due respect, any of her testimony is going to be [ __ ] as well because I have four children, three of which were in that garage at that point in time that this happened and you can be feel free to interview any of them. I never called anybody a racial slur. I never called anybody a dirty Mexican. Which I can appreciate. Okay. But with all due respect, that goes to character. If she's going to lie about me saying a racial slur, anything she says about my behavior is [ __ ] No offense. No disrespect. That that that that that swearing is not directed at you, it's directed at the situation cuz I don't like being assaulted on my private property. I don't like being lied about by a [ __ ] neighbor I get along with. Okay. So no disrespect. I get lied to every day basically. And I understand that. You're a police officer and a lot of people don't like cops because they feel that they're the quickest way to go end up in jail and I completely understand that and I understand your point of view. That's perfectly fine. But like I explained when I first got here, we have to interview both sides to figure out what's going on. It's not just taking your side of the story and going, "Oh, well he said you punched him in the face or quick quick, we're done." That's that's not how we do work in Brighton. We investigate both sides of the story and we make a determination from there. Okay. Okay. That's fine. >> not the investigating officer. Officer Barfield, who you spoke to first, is and we will we'll go over and discuss what we do and don't have. Okay? All right. So what's going to end up happening, okay? We're going to obviously going to pull a case report. Okay? We're going to document the the situation that happened. Both sides. Okay? What's going to end up happening? I'm going to issue you disorderly. We're going to issue him disorderly. Okay? You guys are going to battle it out in court. Okay? That's what we're going to do. So even though I didn't assault him So So I'm just trying to understand. Please explain it to me. >> So because you may be right. People may be driving erratically through here. Okay? You probably you probably are right. We probably need to extra patrols in this area to prevent certain things like that because you have kids and other people have kids. Okay? You're not wrong. Okay? However when you do see someone doing something wrong, yelling and screaming obscenities at them I didn't yell obscenities at them. See that See that's where you're misconjuring the situation though, officer. With all due respect >> what based off of what she said? >> Yeah, based off of what she says because I'm supposedly a racist white boy. >> She didn't say you were racist. Then why would I if I wasn't quote unquote Hold on. She said you didn't call her a dirty Mexican on the roadway. She said you called her a stupid ass [ __ ] on the roadway and then as she turned here to pull in and back in that's when you said the racial slur. Nope. Cuz when she was beyond my garage, I was back inside my garage. That's just what she said. She said right here when you came out and yelled at her when she initially made this left hand turn. Okay? That's what she said. All right? See, this is what you guys call justice. This is [ __ ] He assaulted me. He should be charged with assault, not disorderly. And if that's the way you all are going to play, then fine. Don't charge him with disorderly. Don't charge me with disorderly. Have a nice day. But that's No, it's [ __ ] cuz I didn't do anything. I didn't leave my property. >> Yeah, but you can still yell and scream >> And guess what? Freedom of speech, officer, is not against the law when I'm not doing anything to say, "Hey, come and fight me, you asshole." I didn't say that. I called her I called her out for doing something wrong. >> Okay. But it does cause an incitement, which is part of the No, it doesn't. Telling someone not to do something that's against the law, that's an incitement. Isn't that what you guys do on a daily basis? No. You don't tell people don't cut corners because that's against the law. Oh, that's right. You're supposed to write tickets for that. >> We don't call them a stupid ass [ __ ] We don't call them a dumb ass. We don't call them a dirty Mexican. We don't incite a reaction from someone. Okay? That's not what we do. But that sounds like what you did. You excited a reaction and you got said reaction. Oh, so because he comes over and assaults me, that's my fault? And when I was on when I was still But that's WHAT YOU JUST SAID. That's what you just said. You said I incited a reaction and he came over and assaulted me on private property. >> What what does private property have to do WITH ANYTHING? BECAUSE I WASN'T in the public realm. He had to cross and trespass to assault me. Anytime you're outside of your domicile, you're in public space. Nope. No, no, no. No, that's not right. >> space. You're correct. Standing there, you're on public property. This is still private property. Whether I'm in public space or not. And the fact that his foot No, let me finish, please. The fact that he had to step on private property to assault me Okay. So two things can't be right? Oh, so okay. So two things can't be right? What do you mean two things can't be right? So you can't So the fact that you ex- excited a reaction and it was on private on your property. So two things can't be right at the same time? I didn't incite a reaction. I called her out for driving like No, that's Okay. Your definition of call out could have involved cuss words. And yet you don't have that totality of evidence and yet you're going to make an adjudication on it and charge us both. Yeah, we're just going to >> But you're not going to charge him with assault. >> to charge him with disorderly. That's not assault. Assault is different, officer. I'm sorry. If I walked up and yell and scream at you, that's disorderly. If I walk up and smack you, that's assault. Those are two different things. >> So the disorderly, like I said, in the statute if you incite a reaction. The reaction was the assault. That was the reaction. No, the reaction was him coming up and yelling. The reaction was her coming up and yelling because he No, he is a third He is a third party. The fact that he got involved See, you guys try and play this [ __ ] Fine, then No, you are. You're trying to say the third party can get involved into a situation where one person trespassed and then a second person trespasses on private property and yet you guys want to sit there and say that I incited the third person to come and assault me? So which one are you more upset about? The punch or the or the property? Which one are you more upset about? The point is You're No, it is a point. The fact that there was a third party. Can you stop yelling at me? Fine, I'll stop. >> yelling at me since I got here. Fine, I'll stop here. Okay, so I'm going to I'm going to let me let me show you let me understand let me let me show you my perspective, okay? I arrive on scene because you called for help. Okay? I arrive on scene. You've been yelling at me since I get on scene, but you want to convince me a person that you've been yelling at for the last hour that you didn't yell at them. Is that what you're trying to convince me of? Yes or no? Have I used swear words with you? Have I used swear words with you? I'm just going to issue a summons and you guys battle it out in court. Then fine, if you're going to give us both the same charges, don't charge either one. Why? Because it's garbage. Officer, with all due with all due respect, here Let me get down here so I'm not threatening. Don't patronize me. With all due respect with all due respect, sir. >> I don't need your respect. I want you to understand I understand where you're coming from. But you've been yelling at me for an hour, but you want to convince me that you didn't yell at that lady as she drove by. But does that at the same time, officer? You can have disorderly conduct without using swear words. And that's called freedom of speech, officer, and that's covered by the First Amendment. Want to bet? It is because as long as I don't sit there and try to incite somebody in a fight, that's called the No, the doctrine says fighting words, sir officer. Okay. See, and and Calling someone a dirty Mexican is a fighting >> dirty Mexican is a fighting of versus there. That's what we're going to go with. >> of them said the same gosh darn thing? No idea. They told us they have no idea what you said. But yet they also stated my record that I'm not racist, officer. And if Okay, I don't know that. And personally, sir your children telling police officers that have authority that their father is not racist is kind of redundant, right? No, actually I don't find that redundant because my son will sit there and call me out on stuff. She will call me out on stuff. She's 18, so she She calls me out on [ __ ] all the time. She calls you Oh, yeah, she calls me out, too. >> Listen, we're we're just going to let you guys battle it out in court. That's what we're going to do. And instead, let's just not because I don't have time. I work three jobs to take care of my kids. I don't have time for We all work hard. We all work hard. But yet you sit there and that This is garbage and you know it. It's not. It is. It is. Well, that's your opinion, sir. So fine, don't charge him, don't charge me. Have a nice day, sir. That's fine. If they decide to pursue these charges, then I I guess we'll make it equal, but I didn't assault him. I didn't rip his shirt. I understand. All I did was call his mom out for driving like an idiot. And I apologize that I was emotionally motivated when talking to you, officer, because you know what? Getting socked in the jaw and having your jaw hurt while you have to go work a part-time job at AutoZone the [ __ ] [ __ ] hurts. With all due respect. >> Yeah, I mean, it's like I've never been hit in the face before. But I guarantee if somebody hit I guarantee if somebody hits you, they they were in [ __ ] cuffs and went up for charges. Yeah. But yet he's not going up for charges and that's I believe you incited it. And I believe that it's garbage. >> Okay, but that's why I said if I charge you both, you guys can plead your case in in court. You can say But the thing is though, if you were going to do it fairly, officer, you charge him with disorderly and assault because the fact that his fist the fact that his fist touched me that's assault. No matter what way you cut it, no matter what way you want to slice it, according to the statute, that is assault. Instigated or not Okay. the statute states says that's assault. So you want to hit us both with disorderly, that's fine, but he should still be going up for assault. But if you're not going to do that, that's fine. We just won't do either one. I mean, that that that is a your your choice. Do you have any further questions for me or anything? If you're not going to charge him with assault, no, officer, I do not have anything to say to you. But I would like someone above you to come here, please. Uh negative. Cuz I would like to file a a complaint. They're not going to come here. I'm sorry. You have to go to the police department. Okay, that's fine. I'll show up and I'll give them the link to the YouTube video. And I will be and I will be asking for That's fine. And I'll be asking for the I'll be using a a voya to get that information as well. Yeah, and what had happened in the beginning, officer? I had just been assaulted by some kid whose parents got their in lied to. But I just want you to understand the whole thing. No, I understand the whole thing, officer, and the point is you're not taking in the whole thing. Wait a minute. You're assuming the white boy was racist or said something loud and mean and it made them upset and they were able to act in their own actions and be loud and mean and assault me and that's what caused the whole situation. That that's what you're saying and that's fine. I was on the phone with 911 dispatch, officer. And of course, at the same time I was emotionally motivated because I had just been assaulted. I told you I understood why you were upset. But you don't have to take that out on me. You can talk to me calmly. Okay, but that wasn't taking it out on you. It's called having to come down from being assaulted, sir. >> you if you want to go take 5 minutes, then take the time. And I did and I went and I cut my ribs. >> But you're still But you're still yelling. I'm not yelling. This is not yelling. You were, sir. You were. Okay? Do you have anything for Officer Label? Any questions or anything? Is both your names and badge numbers on here? >> No, that's just mine. Can I please get his? Sure. 100%, sir. Okay, so can I ask what the culmination is? What the They are going to stay away from you. You are going to stay away from them. Keep all the case number to document the events that happened here today. Since both parties agreed not to press charges we are going to type up a report that says everything that happened here today and you guys can go about your business. And is that report number on here? I'm asking. Be 24-5008. Okay. So can I ask a question? Why are you going to go talk to a third party that's not involved? Cuz he heard it. Okay. Well, before you go and talk to him, let me give you a little history. No. He has tried to claim that my children were throwing rocks at his vehicles and because I called him out >> trying to defame a witness? I'm not defaming a witness. I'm telling you stuff that has happened in the past and I feel it and I He claims that you crossed crossed his driveway and has entered into his garage without permission. That lying piece of [ __ ] So everyone is lying He's got security cameras, sir, that can prove it. So if he had With all due respect, if he had With all due respect, sir, if he had proof of me going into his garage, look at all the security cameras he has. He would have had me charged with trespassing instantly. But that's fine. That's That's fine. Because he called the cops on me, but he didn't want to escalate it, that's fine. That's fine. You did a better job, officer. Good thing Officer Barfield's a good cop.