I'm a railroad. Look at all this stuff back here. >> What What did I tell you about getting up on me searching around? How old are you? I don't know if you got a gun in there. And then I walked up on you and you jumped me all all verbally. >> I'm 37, sir. >> Okay, we're the same damn age. Man-to-man, why would you talk to another grown man like the way you did? >> You said actually why you pulled me over. I wasn't doing >> I was going to tell you. Do you know by law we have to tell you >> Adam Finley, a railroad worker for Burlington Northern Santa Fe and Walnut Ridge Police Officer Matthew Mercado's incident unfolded on December 28th, 2016 during a traffic stop while Finley was performing his job duties near a railroad crossing. Body camera footage reveals Mercado aggressively questioning Finley with hostility, demanding he exit his vehicle, pushing him, cursing profusely, and threatening to taze or ride him if he moved while repeatedly accusing Finley of having an attitude despite Finley's calm explanations that he was working and not concealing weapons. Mercado handcuffed him briefly, conducted an unwarranted search, and lectured him on respect toward officers all without clearly articulating a valid basis for the stop or escalating to physical force in a justified manner. >> Do you have anything concealed, any weapons, anything like that? Okay. Well, what's What's with the attitude? No, you have an attitude and what's your problem? >> I don't have no problem. >> Yes, you do. I can pull you over if I want. >> That's fine. >> Because I have a right to ask you what Okay, didn't look like you were working. Step back from me some, too. You get up on me again, we're going to have a problem. I'm glad you think this is a joke, sir. >> I work for >> What were you doing over there? >> I was turning them off vehicle. >> BUT I DIDN'T SEE YOU DOING NO WORK OVER THERE. AND >> What is that guy doing IN THE BACK? >> YES, YOU'RE obstructing with my operation. >> No, let me show you. I mean, I work for Look at all this stuff back here. >> What What did I tell you about getting up on me? TURN AROUND. PUT YOUR HANDS BEHIND YOUR BACK. You're about to get ignorant. Get your ASS OVER HERE. >> I DIDN'T KNOW I WAS BEING PULLED >> I DIDN'T KNOW YOU TOO. >> I WAS PULLED OVER I WAS PULLED >> STAND HERE. YOU MOVE AGAIN, WHAT I TELL YOU about getting up on me? >> I I was I was getting a fine I didn't >> I didn't tell you something that I could >> prove that I was pulled over. >> What I tell you about getting up on me? >> I'm sorry I didn't know you want to be a [ __ ] [ __ ] tomorrow. >> I'm sorry. >> You better shut your [ __ ] mouth. COME HERE. YOU SIT YOUR ASS RIGHT THERE. AND YOU MOVE FROM THERE and I'm going to ride your ass. Do you understand? I don't know who the hell you think Look at me. Who the hell you think you are? Where you from? When you mess with the COPS LIKE THAT. YOU GOING to sit there and mind. I dare you move from there. Why are you driving AN HOUR AWAY? AND WHAT I WAS SAYING WHY YOU TALKING TO ME LIKE THAT COMING AT ME LIKE THAT? FIRST OF ALL, I HAVE TO PROVE WHY I PULLED YOU OVER. You didn't even let me You do that. >> I'm sorry I was >> Shut the [ __ ] up. That's your problem right there. How old are you? If you're nervous for what? WHAT DID YOU DO? WHAT ARE YOU SO nervous about? How do you think I feel? >> No I I understand. >> I'm out here by myself. I don't know if you got a gun in there. And then I walk up on you and you jump me all all verbally. >> I'm 37 sir I didn't >> Okay, we're the same damn age. Man to man, why would you talk to another grown man like the way you did? >> I I said sir why you pulled me over I wasn't >> I was going to tell you. Do you know by law we have to tell you why we're pulling you over? Because I can't impede on your civil liberties. But you didn't let me. You become hostile and aggressive with me. >> not. I did not. >> did. >> one word to you. I just said why you pulled me over. >> Sir, it's how you say things. >> Sorry. >> You should be. But you're getting ready to go to jail. Is there anything in here I need to KNOW ABOUT? >> FOR WHAT? >> Uh for one, didn't I tell you not to get up on me like that? >> understand that. >> Sir, I >> No, you got up on me, sir. I told you don't get up on me. Is there anything in this vehicle you need to know about I need to know about? >> Yeah, I need my phone. >> You don't need it right now. >> I have got stuff to do, sir. I'm >> I didn't You got to sit right there. That's what you got to do. Didn't I say don't get up? That's your PROBLEM RIGHT THERE. ADAM, YOU GOT ANY WARRANTS? >> OH, NO. >> You better tell me right now. >> had I've never been in trouble, sir. That's my problem. >> So, why would you talk to a cop like that? >> Please forgive me. I'm sorry. I was just nervous. Please don't >> Stay on the hood. Where'd you graduate? What school? >> Williamstown. >> I went to I went to Swenson. >> Swenson. >> Adam, my name is Matthew and this is all being recorded. I'm going to let you go, but do you understand I could get you for obstruction for government operations? Just listen to me now. Assaulting a a peace officer. I should take you to jail right now. All right. Let me tell you something. When you come in contact with an officer, let them tell you why. Don't just start "What are you doing?" >> just confused. I thought you were >> Don't be confused. I'm going to alleviate all confusion. Now, you put yourself in my shoes, sir. >> Oh, I understand. >> You're a police officer. >> Yes, sir. >> That's my property right there I'm supposed to watch. Are you in a marked vehicle that says railroad? >> No. >> And where is your plates from? >> Illinois. >> So, Mitch, now could you see why I'd be suspicious of what you were doing over there? >> Yeah. Yeah. >> Officer Mercado's conduct escalated to threats and physical restraint, claiming suspicion due to Finley's location and demeanor, yet he ultimately released Finley after the detention with warnings about future consequences like being tased for non-compliance. According to Graham versus Connor, 490 US 386 1989, excessive force claims arising out of arrests or investigatory stops are analyzed under the Fourth Amendment's objective reasonableness standard. The officer's repeated verbal abuse, including telling Finley to shut your mouth and threatening violence over minor movements or questions, combined with the push and handcuffing, demonstrated a clear overreach that prioritized intimidation over lawful policing. >> And then when I made contact with you, you're aggressive and hostile with me verbally. >> And well, I mean, I didn't mean to I didn't mean to >> Turn around. And do you understand why I put you in cuffs, sir? >> Oh, yeah. >> Why? >> You thought I had a bad attitude. >> No, sir. Because how many times did I ask you to stop approaching me? >> Well, I was just trying to find something that'd make you believe me, you know. >> Okay, so let me ask you this. You ain't got nothing in your pockets, do you? >> know. >> Okay. Cuz the next time I tell you something, you're going to ride lightning. All right. >> What's lightning? >> Yeah, I'm going to tase you. I'm going to tase you. Because I have the right to defend myself. >> Oh, yeah. >> But when I tell you once, look at me, Adam. When I tell you once, please do not approach me like that. Don't come to me like that. You have to listen to me. >> Oh, yeah. >> Okay, I'm not sure where you're from, sir, but >> Smithville. >> I I listen to people when they tell me something. >> Okay. >> So, cop or not, man to man. All right? And this is all being recorded. So, don't later on try to complain that that I rushed you up or anything like that cuz you know I should take your ass to jail, right? You don't understand that? Then if you want I'll take more of your time and we'll go through the books and I'll let you see it. Now do you need me to call your boss and let him know that I held you up? Any questions, sir? Do you want me to write my name down and stuff for you? What is it? Matthew Marcado. Yes, sir. Did we learn anything today, Adam? What? Okay. Have a good one. >> When Finley and his wife went to the Walnut Ridge Police Department to file a formal complaint about the assault and harassment, they expected an internal review, but instead faced retaliation from department leadership. Fifth Amendment to the US Constitution protecting against retaliatory prosecutions, no person shall be subject for the same offense to be twice put in jeopardy of life or limb. Chief Chris Kirksey and Sergeant Matt Cook interrogated Finley, consulted the prosecuting attorney, and issued him two misdemeanor citations for obstructing government operations and refusal to submit to arrest, forcing him to sign a promise to appear in court despite no initial arrest at the scene. This move appeared designed to discredit his complaint and cover up the original misconduct rather than investigate it fairly. >> It's a promise to appear in court. >> Okay, but but my question is when you're arresting why did you let him go? >> Well, it's time he was cut loose. >> And what my [laughter] question is >> But I talked to a prosecutor the prosecutor or whatever happened and the prosecutor told me Let me tell you this. That's right. So this is coming from the straight prosecutor. And rather than take him to jail and hold him we're letting him sign this promise to come to court. And we could we could do that and we're not going to do that. He just said have you charged with that. Well, I'm not I don't want to take you to jail. >> [clears throat] >> And you come up here to file a complaint that now >> Adam Finley filed in federal court in April 2018 named the city of Walnut Ridge, Mayor Charles Snap, former Chief Chris Kirksey, Officer Matthew Mercado, and Sergeant Matt Cook alleging violations of his civil rights through unlawful arrest, assault, harassment, and failure to supervise or train officers properly under 42 USC Section 1983. Every person who under color of any statute subjects any citizen to the deprivation of any rights secured by the Constitution shall be liable. Mercado resigned shortly after the incident in February 2017. Kirksey stepped down as chief in June 2018 amid the fallout, and Finley was acquitted of the retaliatory charges in 2018. The case culminated in a 2019 settlement where the city agreed to pay Finley $57,500 split with the Arkansas Municipal League affirming that a smart, persistent driver who stands up to corrupt policing can hold abusers accountable and secure justice through the legal system. Like and subscribe for more police camera stories. Watch the next recommended video. Click to watch now.