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Edit Transcript - Cops&Cons TV Legal Expert Breaks Down Recent Cases 9/2/2022
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Cops&Cons TV Legal Expert Breaks Down Recent Cases 9/2/2022
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good afternoon this is Daniel here with cop watch TV I just wanted to welcome everyone into our live show we do this every Friday where we have a live show where we talk about and really just break down the most important issues in policing so we do have a bunch of cases to go over today so make sure that you put in the chat if you have any thoughts or comments or any ideas about the stuff that we're talking about or any other cases that you think might be interesting definitely put it in the chat if you have a super chat put that in there we will definitely be sure to read that and address that live as well one of the so one of the first things that I want to talk about is this week we did get the here at cop watch TV really proud that we got an awesome shout out from donut operator so we're going to play a clip that but uh cop watch TV got a shout out from donut operator earlier this week and here it is um cop watch are they like First Amendment Auditors what do they do they just put brawl body camera footage stuff up oh it's an actual person doing commentary okay so they're Pro they're like more Pro police it seems like I haven't seen this channel yet oh he's got a patch wall too you that guy probably knows way more about policing and is more articulate than I am maybe less dick jokes than saying I just want to thank donut operator not just for showing our video because we really do try to find the best and just really the most interesting raw police body cam footage out there but um he did talk about us a little bit so I absolutely want to thank donut operator for that he's been doing this for a long time he is kind of the goat when it comes to talking about police issues and looking over body cam so definitely appreciate that that was a cool shout out that we got recognized there um so I just want everyone to make sure that you definitely go ahead and follow cop watch TV and you know just so you know when we're going to do this not just on these live shows but also just the body cam footage that we put out every single week if you want to follow me I'm at uh police law news where I do daily content over there all right so let's talk about let's talk about some of the cases from this week so the first one that I think we do we have to talk about first it's on everybody's mind or anyone who really follows these police issues it happened in Crawford Arkansas and I think everyone knows where I'm going with this so um it happened last week in Crawford Arkansas a little bit of the back story is that there's an individual named Randall warchester he's a 27 year old and he went into a convenience store in Alma Arkansas and at the convenience store he had an issue with the clerk it was a female Clerk and the issue that he had with her was over some type of transaction that they had once he was once he was there it didn't end peacefully so he threatened the clerk and he told the clerk that he was going to cut her face with a knife so he didn't brandish a knife but there was definitely some criminal actions there either disorderly conduct maybe even assault well from there he left on a bicycle and she was able to give a description to the police officers she gave him to dispatch police officers responded to the scene and he was actually caught not that far away in an adjacent Town once the police officers caught up to him and here's what we know so far once the police officers caught up to him they tried to place him under arrest at that point there was a struggle it's being reported by the sheriff of Crawford County his name is Jimmy Damonte so he did a couple press conferences on this well which I'll absolutely get to but the sheriff Jimmy Demonte in one of his press conferences and statements he said that as the police officers went to arrest Randall warchester that he struggled with police officers that he picked up one of the officers by their legs and he body slammed them that was the word that the sheriff used he body slammed one of the police officers and then once on the ground there was a use of force so that's what's coming from the sheriff of Crawford County however here's how this story really came about so everybody knew about it there was a witness who was you know not that far away who recorded it on cell phone camera and of course the cell phone camera didn't count the initial crime and it didn't catch the initial uh where the individual Randall is accused of battering the police officer but once what the camera did show is three different police officers so two of them are County deputies with Crawford County and one of them is a city police officer with a Mulberry Police Department and it catches them essentially really just the best way I can describe just beating the crap out of this guy so the officer who was kind of by Randall's legs is using knees and he is striking Randall in the legs with his knees there's an officer in the middle and all you can kind of tell is he's kind of hovered over Randall so it's hard to tell what he's doing but he's like a Randall's midsection he's pretty much kind of like hovered over Randall and then the officer who I think most people have the most issue with is the officer who's by Randall's head not only is he using his fists and he's beating Randall's head he's using knee strikes to the head at one point he grabs Randall's head and he's slamming it on the ground so it looks terrible um these officers were almost immediately put on leave and the Arkansas saw the Arkansas saw State Police has taken the investigation they're essentially conducting a use of force investigation to see if the actions used by police officers was proper so I mean the video looks terrible and what looks even worse and we had this with a case a couple weeks ago that I talked about but what's even worse is once the police officers realize that they're being recorded by a civilian and a cell phone camera one of the officers points at the woman and yells at her that's just a bad look so a couple I've got a lot of questions about this obviously but one of the questions is well was this captured on body camera from police officers well that would be a reasonable question to ask so the deputies who work for Crawford County there were two of them they do not have body cameras now this isn't a fault of the individual police officers this is in in my view a failure on the on the police department on the county on the funding whoever is in charge of that because those deputies were not outfitted with body cameras so whether the officers or the deputies do good or bad there's no way for them to record it so they don't have anybody camera footage of this however the police officer with the city of Mulberry Police or the town of Mulberry is being reported that he did have a body camera and that the Arkansas State Police has possession of that body camera so hopefully some of the footage is captured on there also apparently there's a dash cam now it hasn't been released yet whether that dash cam was with the Mulberry Police Officer or with the sheriff's office however the sheriff Jimmy Damonte he did say that some of the actions by Mr Worchester before the use of force from police officers he said some of that was captured on dash cam video so hopefully some of that will come out just so we have a complete picture and this is where I want to talk about this case so it looks terrible and even the description let's take the description from the sheriff in the light most favorable to the police meaning that this individual committed a crime let's say maybe it was even a felony as the police officers went to place him under arrest he fought the police officer let's even believe the sheriff at this point that he body slammed a pull police officer okay let's say all of that is true there is still it's going to be very difficult for anyone to explain an excuse for what happened here's why when police officers use Force they have to have a lawful objective so the best way that I can describe lawful objective it's basically are what the police officers doing legal so here's an example of that someone commits a crime and police officers have probable cause and they want their goal their lawful objective is to place the individual in handcuffs to detain them and arrest them for that crime so the lawful objective would be getting someone in handcuffs it's basically the end goal of what are they doing now when police officers they are able to use reasonable Force to overcome active resistance when you have a lawful objective so let's break that down even a little bit further if there's no lawful objective then what are the police officers doing and that's the main question that we have to answer here so here's what I'm saying if the police officers if it now it any time police officers use Force whether it's reasonable logical lawful Justified anytime police officers use force it always looks bad so I'm not expecting this and no one should expect police officers using Force even if it's legal and lawful to look pretty it's not it's always going to be ugly it's going to look terrible just telling you that right now so but they have to have a lawful objective so if the police officers don't have a lawful objective then what are they doing and here's what I'm going to come back around to this if there was the video depicted one or two or all three of the police officers grabbing the guy's hands and trying to get his hands behind his back well that makes it seem like okay right now in this situation the goal of the officers is to try to get his hands behind his back and in a situation like this where someone's fighting someone's already been violent I mean that's exactly what I would expect one officer on each arm really trying to get the hand behind their back now that third officer doing distraction techniques or compliance strikes that isn't unreasonable if it's to a reasonable targeted area what I mean by that is let's say someone's resisting arrest they have their hands underneath them and police officers just for whatever reason can't get their hands well it's commonly taught from police departments and you know Police use of force that you can use distraction techniques you know elbows punches for lack of a better term knee strikes on you know maybe a torso maybe someone's arms maybe someone's legs as the distraction technique to essentially distract someone from resisting arrest by pain compliance to get them to comply so they can be placed in handcuffs and be taken to jail what happened here does not seem like that's what was happening if they were truly trying to get this guy's hands behind his back that's what we would have at least seen that and I know we have limited footage but it would have seen it would have just seen it seemed like we would have been able to see it at some point for sure we have one officer just doing knee strikes and then for sure the officer who is slamming the guy's head on the ground um I don't see how that that's reasonable at all so I I do have a so one of the attorneys for the police officers and this is probably good lawyering but I'm not sure how true it is the attorneys for the officers you know he basically asked everyone to you know wait until everything comes out that's always a reasonable thing so yes before we make any final determination before meaning before we say this person should be charged with a crime they should spend the rest of their life in jail yes absolutely I think we should wait until all the information is out there but that doesn't mean we can't talk about what our eyes are clearly seeing now and we know what we just saw with this case in Crawford Arkansas but one of the attorneys for the officers essentially went on the news and said that the officers were using Force within their training and they were issuing compliance strikes well there are no compliance strikes or anything that's taught unless it's a life or death situation and someone's trying to grab your gun where anything goes but police officers typically typically cannot knee someone in the head in the face and takes someone's head and slam it on the ground so I'm just going to put that out there and I have a prediction for this case so the prediction for this case is that these officers are going to be fired and they're going to be prosecuted they're going to be charged with crimes and they're probably also going to be charged with civil rights violation so if we just compare this to the George Floyd case and when I say that I mean that you know three officers three or four officers were involved not only were the police officers in the George Floyd case you know who just happened to be with Derek Chauvin when he killed George Floyd officers who were only holding on officer Lane who was just holding George Floyd's legs but didn't step in he's doing two and a half years in prison uh federal prison for civil rights violations because he didn't stop one of the other officers so in this case even if you say you know well you know maybe what the officer was doing on the end with the knee strikes the officer was holding him in the middle you know maybe what they were doing wasn't Criminal it was mostly the guy by the head well we see what happens when officers don't stop each other that that is going to be a violation of civil rights and my guess is that there are going to be state and federal charges there's a lot of people who I've heard say you know nothing's going to happen to the officers did they just investigate themselves they're not going to find anything wrong I think that's incorrect I think this is on video I'm glad it's on video and my prediction is they will be fired and they will be charged let's see if anybody has any comments about that uh New York Tyrant Hunter uh just shared it on Facebook that was crazy yeah absolutely that was crazy and the way that anybody in New York tire and Hunter the way that anybody the way that anybody ever knew about this is because someone recorded this at um someone recorded this on a cell phone so that's that's I I do this every week where I talk about body cameras about how I'm such an advocate of body cameras it is crazy for police officers to go out there on duty with out body cameras the last study I saw is that 80 percent of police officers in the United States have body cameras I think it's a great thing I think it keeps good it protects police officers who are doing their job correctly and if you're not doing your job correctly well it catches that too and it holds police officers accountable but if you know that you're on camera as a police officer Common Sense would say you would act and not openly commit felonies so hopefully that's that's the case uh let's see uh let's see we have any comments no no other comments about this case but that's pretty much been in the news um the sheriff has come out and done two news press conferences so we will see there so the next case that I want to talk about it was in North Portland Oregon so the thing about this case is it wasn't a police officer it was a security guard but it was an armed security guard um so I mean just imagine like an armed Paul Blart and what happened with this case it happened over a year ago it was May of 2021 but the reason that kind of it's been in the news now and people are discussing it now is the body cam video just came out so in order to set this up a little bit so this happened in North Portland Oregon uh the guy is a security guard so he works for a security company and Lowe's the big Home Improvement store and other businesses in this business park hired this security company I think believe there were three security officers to you know maintain the security there was a customer who had come in his name is Mr Nelson and Mr Nelson for some he's a 49 year old man for some reason reason we don't know exactly what that is Lowe's gave him a criminal trespass notice so somehow they notified him that he's criminally trespassed I don't want him on the business anymore now that should raise some red flags there aren't a whole lot of 49 year old adult males who are just going about their normal life going into stores who get criminal trespasses on them from private businesses so so I think it says something that something more is going on but he was giving a criminal trespass notice that criminal trespass notice went out to the security officers including uh this guy his name is Logan gimbal including Mr Logan gimmel to be on the lookout for this person isn't allowed at our store so you can imagine what happens now Logan gimbal is working security over at the lows contracted by them through his security company and Mr Nelson comes on scene he comes in a truck and also he has his wife in the passenger seat of the car so the body camera video likely doesn't capture everything because or or the body camera hasn't been released the capture I've ever thing but sure this crazy incident that happens is absolutely captured so essentially it kind of starts where um Logan gimbal the security officer contacts Mr Nelson and he's in the car and he starts off by saying like that there could be more before this that we don't know but he essentially says you know you've been criminally trespassed I want you to leave the property are you refusing to leave the property stuff like that Mr Nelson isn't saying a whole lot or if he is it's really hard to see what he's saying but he's sitting in the car and he's giving Logan gimbal the finger through the car it's actually that part of it is a little funny he's given him the finger the one thing you can hear Mr Nelson say is something effective you don't have the authority to arrest me and yeah he's probably right there so but here we have a situation where you know at most it's criminal trespassing who knows if that Criminal Trespass noticed was actually given from a police officer so the way Criminal Trespass laws typically work in most most States is you have to have a notice that you can't come someplace typically that has to come from law enforcement not all the time but tip typically that has to come from no law enforcement and then if you go on the property again then you could be subjected to a citation or worst case scenario arrest even though that is typically doesn't happen so but we don't know if law enforcement wasn't involved the first time so worst case scenario it's a misdemeanor criminal trespassing that probably no one is going to um get um in go to jail for maybe they will um just so you know the Nelson family attorney has said that acknowledge that the criminal trespass notification was there but also said that Mr Nelson was actually in the process and working with management to try to resolve that so who knows if that's true or not that is coming from a family attorney so that attorney does have an incentive to say good things about Mr Nelson but either way worst case scenario this is a misdemeanor criminal trespassing and at least on the first part of the body cam video that we can see Logan gimbal the security guard is telling Mr Nelson to leave the private property and then Mr Nelson is in the front seat of the car the wife is in the in in the passenger seat he does just that he tries to pull out of the parking space for whatever reason Logan gimbal kind of stands in front of the car and blocks it now this part of the body camera video isn't isn't that clear so it's really hard to say how close Mr Nelson's car got to the security officer but it probably got close because then Mr gimbal the security guard starts screaming you almost hit me so he doesn't yell you did hit me I'm injured he yells you almost hit me so who knows if that was intentional or not I mean you have to look at it from the the mind of Mr Nelson here he is he has a crazy security guard in his mind screaming at him and he's in his car he's trying to leave do we really think at this point that he's trying to run over the security guard and kill him like this is the big boy the security guard it just seems like if his goal intent was to run over and kill the security guard like he probably could have done it so it seems like the security guard overreacted but what happens then is then the security guard goes into a position that is more in front of the car essentially right in front of the car to where Mr Nelson he can't move however Mr Nelson does move forward a little bit as he moves forward um and uh at this point I I should point out this is important um that the security guard pulls out a firearm so he has a gun pointed right at the front windshield of the Nelsons in their car and then at the second time that Mr Nelson goes forward Logan gimbal the security officer he fires four rounds through the driver's side windshield and kills Mr Nelson he dies the wife comes out and she's obviously hysterical like anyone would be in in that situation Logan gimbal is on on his own body camera saying things like well he tried to run me over I told him that he's criminally trespassing and then he he has another store and plus store employee comes out and the store employees like yes I saw the whole thing and you know Logan tells her Mr gimbal tells her to call 911 and one and then he goes should I as as Mr Nelson is bleeding out he goes should I render Aid I'm not sure what I'm supposed to do well listen if you're carrying a firearm and you don't know what you're supposed to do after you discharge that firearm maybe you weren't supposed to be carrying it in the first place and that's where I want to go with this so in a lot of different states there are levels of security yes we have the Second Amendment and you know you can carry firearms and all those things but in order to legally work as a security officer in a lot of states in order to carry different weapon systems you have to be certified and receive training different weapon systems so in a lot of States it's like a level one is maybe OC or mace level two is maybe a baton level three is is a firearm I'm not saying that's the case in Oregon but you know those are very similar structures for security officers that a lot of states have so you know having a firearm as a security officer being able to carry that on duty you know that would be considered the highest level of of security officer training that you know would be possible the highest weapon system you would think so um apparently at this point Logan gimbal the security officer had not completed the training and certification in order to carry a firearm so he wasn't even supposed to have a firearm on him at that point in the first place um so let's talk about what security officers and I mean the video was horrific so um Logan uh he would the reason why the body camera was in the news this week is because after this uh the security officer he was arrested and a grand jury just indicted him on a couple felony charges a homicide charge a reckless endangerment charge and then some other charge for unlawfully using mace I guess he also squirted mace at the guy too so um he is charged with this and um yeah he's uh my my prediction on this case is that yeah he's going to get convicted that if this goes to trial he will be convicted so and I I went back and forth with a lot of people on this case this week and some people did have some you know playing The Devil's Advocate they did have different things to say they said well you know Mr Nelson he was on the property he wasn't supposed to be can't the security officer him like is that not legal and that is an excellent question so the way you have to think about private security is they are citizens they are not police officers they are not armed agents of the government so you have to look at them in it as an extension of the property owner meaning that if the owner of the property is able to do something they can transfer that authority to the private security officer that they hired to protect that business so in this case he committed a so in this case he committed a at worst case scenario a criminal trespass so can an owner detain someone for criminally trespassing and misdemeanor on their property technically yes but it would be a citizen's arrest and there are different laws in different states that cover this but typically you know you can use reasonable Force depending upon the crime to detain someone so in this case shooting someone for Criminal Trespass I mean that would not be reasonable that's not something an owner can do that's not something that Mr gimbal should have done so what should have Mr gimbal have done so again worst case scenario this is a misdemeanor crime and it's not like you have this nefarious offender um who who you don't know who you don't know who it is like there was a beyond the lookout for Mr Nelson they had all of his information so it's not like you know Mr the security officer was trying to keep him there because they had to identify him so they could they could charge him with all these crimes they already knew who he was they already knew who he was they had his information so what the security officer and anyone in the comments you tell me about if you think that I'm on the raw if I'm on the wrong track here but the security officer he should have observed what happened recorded on his body camera reported it worst case scenario do something to de-escalate but if you're if you have someone who's on the property criminally trespassing and they have a goal of trying to leave let them leave it seems crazy absolutely crazy to not leave so he's then he should have reported what happened to the store hey this is what happened I made contact with this individual who had a criminal trespass notice and then the store management can decide whether or not they want to call the police and have you know official Criminal Trespass um uh trespass charges filed New York Tyrant Hunter he had him completely blocked in even if he was trying to leave he was stuck there until the vehicle was moved yeah he had him blocked in um yeah so is that reasonable for um to block in someone for criminal trespassing it just seems so strange we don't want you on the property guy goes okay cool I'm going to leave no I'm going to keep you here I mean it's nuts it doesn't make any sense and police officers get this criticism too when someone is criminally trespassing someone they go cool I'll leave okay great that's a win that's a win for a police officer that's a win for the security here's this guy who's kind of a pain in the ass he's criminally trespassing and he's willingly going to leave fantastic that is a win take that win um so how about the idea that a vehicle is a deadly weapon and because of that this was reasonable Force well that's an interesting point and yes a vehicle can be a deadly weapon and but here's what you can't do you cannot put yourself intentionally in front of a moving vehicle that you know someone wants to move you cannot position yourself in front of that vehicle essentially induce your own Jeopardy and then when the car moves a little bit shoot and say well I was in fear for my life so police this happens to police officers not all the time but sometimes and in cases like this police officers actually are charged most police departments in their use of force policy it's prohibited to to intentionally put yourself in front of a moving vehicle it's called officer-induced Jeopardy so essentially you can't do something that's unnecessary that creates a dangerous situation and then because you're in that unnecessary dangerous situation use deadly force and say I was in fear for my safety so an example of when it might be reasonable let's say you're on the side of a road police officers on the side road on a traffic stop and you know you're on you're on the side of a highway there's no one to go and a random car just starts barreling towards you and you can't go anywhere well yes is with that use of force if a police officers are shooting at that car would that be could I imagine that being reasonable of course but you have someone especially when they've committed like misdemeanor type crimes and they're in the driver's seat and they want to leave putting yourself intentionally in front of that car that would be that would be considered officer-induced Jeopardy we have several cases that I've covered in the last six months where police officers are charged for that exact thing so you would think that in this case the security guard he actually has been charged and you think that he will be convicted uh Daniel Fontana his escalation resulted in the vehicle becoming a weapon shouldn't have blocked him in concealed carry classes explained not to put yourself in a situation that is avoidable absolutely Daniel Fontana why do you always have the best comments thank you so much no that that's 100 so yeah he escalated uh uh the the situation there it is a hundred percent on the on the fault of the of the security officer there are some people trying to defend the security officer um but I think that's really really difficult to do uh the wife of the individual who's killed so Mrs Nelson she has filed the 25 million dollar lawsuit against the security company my guess is that Lowe's is also going to be roped into that because anybody has anybody who has any kind of Deep Pockets you know especially a place like Lowe's who contracted with the security um company my guess is that they are all going to be pulled into this lawsuit but she's asking for 25 million dollars I don't know how much he's going to get it's hard to put a dollar amount on a life but she's going to get paid a lot and she absolutely should because that use of force was absolutely unnecessary unreasonable and unnecessary back to Blue you can we'll talk to you later um unnecessary it was not reasonable and he wasn't even supposed to be carrying a firearm um so the other let's see if we got any contacts uh yeah so the vehicle did not lunge forward until after the first shot I believe he was going to slowly go around the security guard to leave Tony sweet that's an excellent comment I agree so I mean when I walked it it looks like the vehicle does go forward a little bit but not like the foot's on the gas and he's barreling towards the security officer like that didn't happen so I think he did move forward a little bit but as I said earlier Tony I don't know if you heard or not but it doesn't seem like the intent of Mr Nelson was to run over and murder the security officer it seems like if that was his intent it would have been pretty easy to do so yeah I don't think that that's what he was doing and I think the security guard overreacted and um yeah I just want to say that you know this is this happened in Portland and they've had a lot of problems with their police department mean meaning that they're not really supported by a lot of the local politicians a lot of police officers leave anyone in here wants to go be a Portland Police Officer I think they're giving you a twenty thousand dollar hiring bonus so so if they're really mad at the police officers there but and and I just want to say that listen if you as Portland or any other city if you create a situation where reasonable police officers don't want to don't want to work there don't want to get hired there what you're going to be left with is an army of Logan gimbals and nobody should want that um the next case I want to talk about it was in Atlanta um so this happened in June of 2020 kind of like the summer of of not great officer-involved shootings and this one happened kind of smack dab in the middle of this three weeks after George Floyd June of 2020 but this was in my opinion always in a Justified officer-involved shooting so this was in Atlanta June of 2020 three weeks after George Floyd So tensions are really high and the individual who was shot and killed by police officer his name was rayshard Brook so if you remember this this was a call for service at a Wendy's when if you have any questions about why they're doing these kinds of DUI investigations definitely put it in the chat you know I definitely happen happy to answer any of those because some people are like well why are the police officers even investigating this but essentially what happened is Mr Brooks was in a Wendy's parking lot he was in a vehicle and he was passed out I don't know if he was blocking the drive-through if he was in the parking lot I don't remember those specific facts but either way employees at the Wendy store called police officers and reported just that hey there's a guy you know passed out in the car officers get there officers Devin Brosnan and officer and Garrett Rolfe now the officer Garrett Rolfe he is a specifically a DUI officer so he pretty much just does DUI investigations he helps around uh let's see Detroit Deadpool Atlanta shoot was 100 Justified I agree with you and I am getting there so with that with what happened here is there was a DUI investigation it's all on body camera so it's great so officer Rolfe contacts Mr Brooks they do a DUI investigation and officer Rolfe he's nice polite professional with Mr Brooks the entire time and again it's all on body camera video and I think we're going to post a link to that as well so you can see exactly what we're talking about that I'm not making up he wasn't rude he was nice and reasonable the entire time when it came to time now a lot of times drunk people I know this might be hard to imagine just aren't the best judges of their sobriety and of situations in general because it seems like Mr Brooks thought that he was doing pretty good on these field sobriety tests because he seemed surprised when the police officers told him that he was under arrest because after the field sobriety test when officer Rolfe told him that he was under arrest he fought with the police officers Mr Brooks was able to overpower both police officers knock them both to the ground was punching the police officers and he stole he actually took possession of Officer Brosnan's taser so and there's a security camera footage of this so you can actually see it but as he's going as he's running away from the police officer wolf now he has officer Brosnan's taser officer Rolfe is following behind Mr Brooks in a foot chase he's about 19 feet behind Mr Brooks as Mr Brooks is running away he he doesn't stop he keeps running but he turns his body towards you know halfway towards officer Rolfe points the taser at him and fires in that moment officer Rolfe pulls out his firearm and he shoots Mr Brooks two times and kills him um so to me this was an obvious reasonable use of force by police officers but at the time the officers were both officers were charged so officer Rolfe was charged with a felony homicide some felony homicide in reference to the shooting and then officer Brosnan I mean poor guy I mean he didn't do the field sobriety test he didn't he got he got his ass kicked and he got his taser stolen wasn't involved in the shooting but somehow they charged him with some kind of felony too well thankfully there is a new D.A in Atlanta who just dropped the charges the D.A did a press conference and said that the the D.A did the the press conference and essentially said that the use of force by police officers was objectively reasonable and it absolutely was and I've gone through this before but let me tell you why I think it's Justified and if you disagree you know so there's there's honest criticism and there's dishonest criticism so dishonest criticism we need to say you think this is Justified because you're racist okay honest criticism would be hey this is the case law this is the policy this is best practices and try to weave it all together like a reasonable adult would have a conversation so you know I think if if we have any reasonable um comments we have a whole bunch of them thank you Detroit Deadpool um you know we're I'll definitely definitely read those out and I think an adult reasonable discussion an important issue should absolutely always happen so the reason why deadly force is reasonable in a situation like this is here's how you have to think about it so it's not the 50 000 volts from the taser that is is deadly forced to a police officer like that that is isn't it because police officers most of them are tased in the academy before they even have access to a taser you go through it yourself that's why not in all places but in most places so if you if you look at this case so you have to think about it this way well what happens if your taste if an individual is tased they are essentially incapacitated for five seconds now whoever did the tasey can pull the trigger a couple more times a lot more times and that five seconds could turn into 15 seconds 20 seconds 30 seconds now Whoever has control the taser now if it's the officer who's been tased Whoever has control of the taser can take the officer's gun they could take the officer's baton they could grab a rock and smash the officer's head in so I guess where I'm going with this if a police officer is tased the likely outcome could be death so if a likely outcome to a police officer or just think anybody is deaf it's reasonable that you might use deadly force in order to avoid that situation so that's why it's not just that it's not just that the the the the taser hurts or that you know you're incapacitated it's what could happen to you so essentially what you're asking the police officer to do in a situation like this hey here's a guy he just fought with you he stole one of your weapons he's using that weapon against you now I want you to trust that after he uses that weapon against you he's not going to hurt you any further you put that trust in him so you know whether or not you go home to your wife or husband or kids or get to live the next 50 years of life you're going to put it into the trust of the person who just did all of these bad and violent acts there's not a lot of reasonable people who would put trust in there and yes someone said that he was running away absolutely so let's talk about that if Mr Brooks was running away and he didn't point and shoot the taser at the officer and the officer shot yeah I would say that's not a Justified shooting I would say criminal charges are appropriate and I can prove that I would say that because there was a very similar case in South Carolina where the individual shot by officer slager was Walter Scott so that half happened in that particular case officer slager is doing over 20 years in prison for killing Walter Scott I think that was the appropriate thing to do if someone is running away police officers typically unless you know it's the Unabomber or something like that which that isn't the case here but unless there's really extreme circumstances where you can pinpoint this person is a deadly threat like someone has a gun and they're running they say I'm gonna go kill that person at that bus stop okay okay yeah maybe you could see that but generally if someone is running away from a police officer running away from Cops is not deadly force and it wouldn't have been here except that Mr Brooks made the decision for some reason to point a taser at a police officer and fire it at him so I think that um that was absolutely 100 percent reasonable Force um and listen it's really easy for for this to not happen to someone it's actually really easy don't fight with Don't Drive Drunk don't fight with police officers if you do fight with police officers and you win the fight don't steal one of their weapons and don't shoot their weapons at them so if you don't make these series of just really horrible awful bad decisions you're probably not going to get shot by a police officer in this manner so I just want to put that out there but yeah I think that uh let's see as uh as drunk as he was does anyone think Mr Brooks's aim was going to be accurate who knows Jose M I don't know um but at that point um you know so they did test the blood alcohol level and he was a .10 so he was over the legal limit so officer Rolfe was correct so his DWI investigation skills were spot on um but he was also on drugs he had several other drugs in his system besides being a .10 so um yeah he was um he was absolute and again so what you're asking for is I'm gonna put the rest of my life you know my kids my wife my family you know being in their lives for the next 50 60 years I'm gonna ride that all on this guy on his accuracy uh there's not a lot of reasonable people who would take that chance um so I mean I I that's yeah that's what I have to say there so uh let's see if you have any other comments oh my goodness uh no I don't think we have any other comments on that case but that does go towards another very similar case and it's the Patrick Loyola case that happened earlier this year and that was in Grand Rapids Michigan so the reason why these are kind of connected is because that was a case and we've covered it on this channel before but the Patrick Loyola l-y-o-y-a Patrick Loyola case you know that was when officer Christopher sure did a traffic stop um long side because because we covered it before long story short there was a foot chase there was a a physical struggle and during the physical struggle officer sure had his taser in his hand and Patrick loyal the grabbed controlled the taser the two men end up on the ground and they were wrestling over the taser and it was during that fighting over the taser that officer sure shot and killed Patrick Loyola so it's kind of the same Theory the same idea if you think and not saying everybody does and I think there should be debate on it there should always be debates but if you think that you know that a taser for the reasons that I gave is a deadly force option for police officers or that police officers should perceive a deadly force threat when someone steals their taser that you know that's why officers sure fired in that in that case so criminal charges have been fired against officer sure I think it is a reasonable Justified shooting just like I thought that offered that officer Rolf shooting was uh Justified legal and reasonable as well we will see what happens with the Christopher shirt case for the officer involved shooting with Patrick Loyola um the card charges are still pending and yeah we'll have to see what happens there but you know it took a little over a year for uh and a little over a year and a more reasonable district attorney to turn that over um in the Atlantic case uh so let's see uh any other comments nope no other comments about that case but yeah I think so a lot of these issues we talk about with police it's not just hey this happened in this case but didn't happen in that case I mean so many of these issues happen all the time to police officers like there are other cases I covered one probably about four or five weeks ago where another police officer had his taser taken by someone he was wrestling with and there was an officer involved shooting in that case as well so so you know on the police side what can police do well better retention of tasers that seems like the first thing to do is better retention of tasers and then you know um the training from most police departments is the official training from most use of force um police departments that if someone has your taser or any taser and is threatening to shoot you with it I didn't just make up these reasons like this is official this is what they say um that you know it is reasonable to use deadly force you should perceive that as deadly force so if there is other training out there or another uh best practices out there um I'm not close-minded put it in there because if you have a different idea about this I want to hear what it is no I don't want to hear the different idea of well you think this because you're a racist I mean that's that's insane and ridiculous and it's dishonest but if you say hey here's this case here's this law here's the this policy here's how they do it I think that's a reasonable thing to talk about so absolutely put that kind of stuff in the chat wanted to switch gears a little bit uh hang on oh Jose I'm just getting rid of the taser it does more harm than good I really appreciate you saying that Jose and that's a really good question because that's a that's a good question does it so I think what you have to look at in what situations do police officers use tasers so well if you use tasers you know so from my point of view and here's how I think about it you know police officers for a hundred years I made that number up I don't know how long police officers had two Force options a baton and a gun so I can think of a whole lot of situations where a baton that's not enough Force to keep an officer safe and a gun well that's too much that's too much to keep an officer safe so this weapon system in the middle police departments have been looking for 40 50 60 years for a weapon system in the middle to deal with these situations and so far the taser is the best thing I know there's also things out there called like Ebola wrap I remember when I was doing my under undergrad we did a whole day on this in my in one of my last years in a class where we had basically demonstrations we watched videos on all these different weapon systems like there was one this is in 2005 a long time ago but I remember there were there was one weapon system where police officers would shoot this thing it was like this giant net you know it looked like something out of a cartoon where someone's trying to catch a dog or something so there's all kinds of goofy intermediate weapon systems the taser is the most effective one that I've seen and here's why whoever said that we should Jose M here's why I like the taser or I think it's a good weapon system because it doesn't cause any real harm meaning that if it's a bean bag shotgun if it's a 40 millimeter like those are weapon systems that on the really on the same level as a taser that you're going to have significant injuries you're going to have Cuts you're going to have bruises you might have broken bones if a police officer tases you now obviously I'm not talking about injuries you might sustain from falling but just the actual taser itself yeah it's uncomfortable and it's really uncomfortable for probably about five seconds and then you're back to normal you're totally fine if it was something that was super dangerous police departments would not tase all of their police officers as part of the certification process I've been tased two different times most police officers have again if it was that dangerous they wouldn't do it there's a lot of problems with tasers but to say that we want police officers to go back to only having a baton and only having a baton and a gun those are the only two choices they have my prediction is what that would do on like a policy level and like or just real world results what would happen is there would be more officer-involved shootings my goal and what I think my opinion is I want less officer involved shooting so as many weapon systems are in the middle for police officers to utilize in order to get people legally under arrest so there's less injury to police and less injury to people that's my preference less officer-involved shootings less violence I think the taser is absolutely not perfect and I've talked about it a lot but um yeah it's it's it's it's probably the best we have now Detroit Deadpool tasia's IRS are people with heart conditions aren't they yeah no they absolutely could be um typically not just heart condition so if you have a heart condition and you're high on meth and like really high on meth or cocaine under those specific circumstances you get tased yes you could be you could be more at risk but again Detroit Deadpool I'm gonna I'm gonna say so if if you again if the officers don't have the option of a taser well then what are they using instead so are they taking a baton and breaking people's legs or are they shooting people um I you know I I would say long-term long-term injury is probably most safe using a taser again tasers aren't perfect I've covered a bunch of times tasers actually fail approximately 40 percent of the time but it's a good thing pepper spray Jose M no pepper spray is uh let me say pepper sprays nonsense um pepper spray is nonsense if there's any kind of a wind it doesn't work you have to be within like six feet of someone and you typically end up uh having pepper spray affect you or the other officers more than the people that that you're trying to so yeah pepper spray is not is not a good option I'm not saying that we should get rid of pepper spray like pepper spray is fine but to say it's on equal footing or as effective as a taser is not accurate in any way shape or form okay one to switch gears just a little bit to um Brittany Greiner we talked about Brittany Greiner before so um you know I I think this is interesting maybe it's because I'm from Chicago and I'm just a huge Chicago Bulls fan but I don't know if everybody heard that Dennis Rodman has said that he's going to Russia to try to get to Brittany Greiner free um you know what I just I just have to say um from being a bulls fan from the 90s in Dennis We Trust if anybody can get her out my money is on Dennis uh okay I also want to talk about this case in Oklahoma can you put it in there in in the chat if you guys like Dennis Rodman of the bulls or um hopefully you don't have any Knicks fans in here um one of the last case I want to talk about it happened in Grady County Oklahoma I don't know where that is but it sounds like in the middle of nowhere and we have a link to this one as well so definitely go check it out um individual's name is Ray Joe clay she's a 36 year old female a little bit of the setup is that she was causing some kind of a disturbance not to the level of where it was criminal because she wasn't under arrest for criminal charges you know she seemed like she was having a mental health crisis police were called um by by a citizen so she was put in police custody it seemed like they were on the way to not taking her to jail but trying to get her some mental health help which you know a lot of different states have laws that you can um uh a lot of different states have where you know if someone shows that they are a danger to themselves or others or grave past second passive neglect that you could take someone's Freedom away and make them go to a mental health evaluation if it meets certain criteria themes like that was going to happen here so here she is she's in the backseat of this police vehicle and Ash in the police vehicle she slips her handcuffs now that isn't uncommon no one should be surprised by that especially with females or males who are a little more slight that they have smaller wrists and police officers believe it or not they usually err on the side of making cuffs a little bit too big instead of a little bit too small so and so this happens with females a lot not a lot but it it happened so a decent percentage of the time that these people with smaller wrists they can actually just slip right out of the handcuffs if they're not on properly so that's exactly what Rachel did Rachel slipped out of her handcuff so again not surprising here's what is surprising is that Rachel was able to gain control of a patrol rifle and then use that Patrol rifle to shoot at police officers whoa to shoot at police officers and a civilian who was outside the car now you have to think about this so you know a lot of police officers you know carry rifles and other weapon systems in their car typically they're locked I mean that would be reasonable not only or should they be so that's my first question why wasn't this firearm blocked that's a reasonable question the second question I have is how in the world is the back seat of a police car how does that portion of a car have access to the trunk of the car because there wasn't like a metal divider or anything like that um or or anything like that there wasn't anything like that it was it was like it was like this mesh that she was just able to reach through and grab the gun now you have two police officers and a civilian who are just standing kind of on the side of the road you know and this looks like a real area and all of a sudden to their surprise they start taking fire well they start taking fire and they in the moment like they think the fire and the gun the they think that the rounds are coming from anywhere other than their patrol car because they pretty much run back to the patrol car to take cover um not knowing that it was actually coming from there um they were able to figure it out pretty quickly the a civilian was shot um a police officer was hit as well neither of them were life-threatening injuries which is a good thing there ended up being a standoff with Rachel for approximately four hours or so until they were able to get her into custody I think we did share the body cam footage of that though so definitely go and check that out it is uh it is pretty wild body camera video but again the two questions we show a lot of questions two questions we should all have one why is the rifle not locked and two how is it possible that there's access from the back seat of a police car to the trunk where all the equipment is to me that's even bigger than it not being locked um how anybody has access especially when you know that um people let's see uh Daniel Fontana aren't rifles and shotgun electronically locked by a rack by a button in the front of the cruise yeah that's that's an excellent point so yeah so there are a couple different kinds um yeah they can either go in the front of the cruiser or a lot of times it's also this very similar system in the trunk and yeah usually there's a there's there's it's some type of a locking mechanism or an actual key you have to put in but usually there's something there so someone can't just break into your to a police car and just grab the weapon system that typically isn't something that happens so I don't know if it was a system breakdown if they don't have an sop or a policy on that or if the officer just this is what he's done for 27 years I don't know how long he's been on I just made that up he's been on for 27 years and just never happened before because it's in the middle of nowhere in Oklahoma but you know Rachel clay will make them make them think again uh let's see or is it in Oklahoma that all rifles uh maybe they are all supposed to go in the back I'm not sure there was a failure somewhere and I'm sure they'll get to the bottom of it but it was it was it was really interesting um so the last uh so that's about all the cases that I had to go through this week um I I do as we're kind of getting ready and and preparing today you know it's it's a couple news things broke um in the last 12 hours or so so kind of a little teaser for next week so um I can't promise any more shout outs from donut operator or Mike the cop or anything like that but a couple of the cases that I know that we're going to go over next week and I just you know we'll I'll want people to think about if you have questions about it you know let's go it's a case out in Tucson Arizona where a police officer shot an individual who was armed and armed with a knife he went into a hardware store I think it was Lowe's or Home Depot he was armed with a knife and a police officer shot him uh the police officer was uh indicted on uh murder charges um in the last couple hours and then also in Grand Rapids Michigan so this is where Patrick Loyola happened so they are Super Hyper sensitive about anything with police related because that case is uh pretty pretty um high profile there there was another officer involved shooting um very recently and they put out the body camera of that officer involved shooting last night and that was in Grand Rapids Michigan so so I'll definitely go over those two cases next week and talk about what we think about that um so those were the only cases that I have if no one else has any other questions uh yeah I think that's about gonna be it for this week's cases it was a great week and I just want to remind everyone you know definitely please follow And subscribe to uh cop watch TV just so you're aware of when we put out these awesome body cam videos and also so when we go live and then if you want to follow me I'm on YouTube and Tick Tock at police law news and I hope that everyone has a great and safe weekend thanks
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