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Edit Transcript - @Cops&Cons Legal Expert Breaks Down Recent Cases
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@Cops&Cons Legal Expert Breaks Down Recent Cases
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foreign good afternoon this is Daniel here with cops and cons TV I just want to welcome everyone into our live stream thank you so much for being with us today so we're going to go over some of the most interesting cases that happen in police and crime and uh all that interesting topics from the last week just like always while we're going through some of these cases if you have other information or you know more importantly if you disagree with something I'm saying or maybe you have a different way of thinking about this definitely put it in the chat one of my favorite things to do is to go back and forth with our viewers while we're talking about some of these really interesting and important police cases again my name is Daniel and if you want to go ahead and follow me please do that over at police law news pretty much everywhere and more importantly if you want to go ahead and please make sure that you subscribe to our Channel and share it to your friends because as many people as we can to get in here to be a part of our live shows we would absolutely love to and of course if you subscribe to the channel then you'll know when we do these live shows typically we do do them on Fridays around lunchtime 12 o'clock mountain time so I know we asked where everybody is from always curious if someone maybe is from one of the areas that we have a case in and someone might have some hyper local information that you know a lot of us just listening to national news might not get so it looks like Mary's uh listening to us from Chicago that's my initial Hometown we got someone from Kentucky the East Bay and Texas we do have a couple stories today um from Tennessee and from Texas as well so um I wanna want to appreciate everybody for being here today okay so the first case that we're going to start with is the Alec Baldwin case so Alec Baldwin after a 15-month investigation he was finally charged with involuntary manslaughter now I know everybody is pretty familiar with this case but just a short recap so back in back in about 15 months ago uh near Santa Fe New Mexico it's not in the city of Santa Fe but kind of on the outskirts kind of in the the middle of nowhere you know outside of Santa Fe New Mexico it's real looks like a desert out there Alec Baldwin was filming a movie that he was one of the executive producers on and he was also the the one of the actors the star of the movie called rust um while they were filming this movie um he plays uh he plays in an older gentleman who uh is kind of like a cowboy and there's a lot of scenes in this old church where Alec Baldwin you know has a firearm well in preparation for one of these scenes as you all remember he fired a gun um during rehearsal right before the the shot was going to take place or the filming was going to take place and he killed um the cinematographer Helena Hutchins well Souza um this was this happened obviously the the police were called and you know after this Alec Baldwin you know he went on he did a media tour uh and he did all kinds of different interviews with people and he said a couple different things that didn't make a whole lot of sense one of the things that Alec Baldwin said is that he didn't pull the trigger he said that he didn't pull the trigger but somehow the gun just went off now I when this first happened we pretty much called [ __ ] on that that there is no magic gun so I mean that was what we said here on Cops and con CD because that just makes sense anyone who's handled guns or has been around Firearms knows that Firearms don't just go off so the magic gun Theory never made a whole lot of sense well uh recently it came out that the D.A in New Mexico uh judicial uh district attorney uh Mary uh Carmack altwise she did a statement uh within the last couple days after Alec Baldwin was charged and she kind of went over that and she sat down with the media which was a great thing for her to do to answer some of these relevant and important questions that just about everyone has and the person who was interviewing her said you know Alec Baldwin said he never pulled the trigger like do you have any information on that and and you know uh the the D.A said uh 100 accurately and appropriately that one guns just don't go off but just to be sure we sent this gun to the FBI and the FBI gun experts they checked it out to make sure that there was nothing strange about the gun there were no malfunctions or anything like that and basically confirmed that the magic gun theory is nonsense so uh he went she went they went ahead and after like I said they did a rigorous investigation which is what we want so we don't want Alec Baldwin to get any special treatment because he's a celebrity also we don't want to just file charges on someone who you know may not there may not be probable cause for arrest or they might the D.A might not be able to meet the burden of Beyond A Reasonable Doubt so the fact that the D.A took time to really investigate this case and that that's a good thing so I'm glad that the investigation was thorough and the end of that investigation Alec Baldwin is charged with two counts of involuntary manslaughter uh and also um the the armorer um her name is Hannah Gutierrez read she is also charged um with that as well so kind of what we think happens is that the armorer Hannah Gutierrez read handed the a gun to one of the assistant assistant directors and then the assistant director there's some dispute over what the facts are but told Alec Baldwin that it was a cold gun and handed it to him so obviously there's facts that are in dispute and the jury is going to be able to hear those facts at trial but that's pretty much what happened so the idea that the armorer so the person who was uh and and I just should say so the person in the middle the director his name is David Hall he actually took a plea deal so pretty much before he was charged his attorney uh Lisa tarako she was able to work out a deal with him which I think was probably the absolute best thing for her to do he got some really excellent representation there where essentially he took a plea deal where it looks like he's going to get six months of probation in exchange he's going to testify against both Hannah Gutierrez read and against Alec Baldwin when we say testify against I mean he's essentially going to say what he thinks is true what he thinks happened his version of the events he's going to go ahead and say that in court um and he's going to be able to be cross-examined because he'll be a witness for the prosecution but you know there aren't going to be any other pending charges against him you know he pled guilty to whatever charge he pled to and he has six months of probation which again is probably the best thing for him so you have to look at it this way in the investigation it it would seem like the district attorney and the investigators looked at this looked at these three individuals okay you have the armorer who who's Hannah Gutierrez whose responsibility it is to make sure the gun and everything is is safe uh it's ultimately her responsibility she hands it to David Hall in the middle who then hands it to Alec Baldwin so you have three individuals who have possession of this gun at some point before the before the homicide happened so you know at what level of culpability is each of these individuals well it seems to me that the D.A felt that it was the person in the middle David Hall who was the least culpable that's my guess as to why he was offered a deal okay so um he was charged with involuntary manslaughter and you know it's this is really interesting because you have to think about it this way like let's look at it from the point from the point of view of Alec Baldwin okay you're Alec Baldwin you're a producer of of the movie you are also an actor so in long story short you have a lot of [ __ ] going on you're busy you're not just sitting around being an executive producer in a movie even if it's a low budget crappy Western being an executive producer and the lead actor there's probably a lot going on so from his point of view my argument would be okay so yes he has a lot going on so he hired someone specifically a gun expert and and Alec Baldwin is also a full-time uh tweeter on Twitter so you know he does have that job as well that he's probably always thinking about but he so he has hired as the producer a gun expert someone whose sole responsibility is to make everything safe to kind of take the liability off of him so that he could you know worry about producing and acting in this movie so that would be my argument that hey no I Alec he recognizes he doesn't want this responsibility so they specifically paid for someone to do this job to make sure everything's safe so that's why Alec believed that the gun wasn't that's why Alec believed that the gun wasn't loaded because he specifically hired someone for that job and listen I get that argument Common Sense wise like that kind of makes sense but when it comes to the actual law as simple as I can put it there just is no exception in law to uh homicide that happens on a movie set and I'm going to say it this way so when it comes to law the way that laws are written you know and it's it's essentially it's it's elements of a crime if you do this this and this that's involuntary manslaughter you know and they have different elements to crime while the elements to criminal acts into criminal charges typically you know they're not facts specific so that's why I said that there's no exception in law for something that happens on a movie set so think about it this way me and you and someone else were in a garage and we're just hanging out in someone's garage one of one of our friends hands me a gun and says hey it's cold there's nothing in the gun I don't check it I don't look at it I just trust my friend who handed it to me I point the gun at someone I shoot him and they die am I going to get charged with that absolutely 100 so if you look at the elements of a crime you know that's there's no intent for me to that I was trying to kill someone I was told that it wasn't I was told that it wasn't loaded but it's still my responsibility to check and that's actually what a D.A Mary Carmack although I said in the interview that she did yesterday she said that it's Whoever has the gun that a gun is such an awesome responsibility and has such power to it that no matter who has the gun before you pointed at someone to pull the trigger it is your responsibility to check to make sure that it is safe and not loaded so let's see what people's comments are about this because I'm really curious to see what people have to say about this particular case uh let's see uh Larry says uh yeah how is the gun gonna go off without pulling the trigger exactly um Larry yeah 15 months ago I said that the magic gun theory is [ __ ] and it still is Randall Lewis uh let's see uh yes good charges it's still the shooter's job to make sure the weapon is safe absolutely uh Ray Baker Hannah is guilty in my opinion Ray I'm gonna get to that in a second but um I think that there's in my mind from what I know and I'm you know not sitting in with the investigators but from what information is public um it seems like yeah that it's pretty reasonable that Hannah Gutierrez was going to be charged um that seems like a reasonable thing I'm definitely not surprised by that uh Paul soprano her family may uh civilly be charged him if they haven't already yeah there is a civil lawsuit that has been filed absolutely uh and Mary from Chicago says they already this is they already settled the civil case out of court which they absolutely did uh let's see uh the ray Baker says you didn't hire a professional that's the difference well um I I believe that hey Ray so I believe that we may look at her and say um no she's not experienced as even just a regular street cop or a retired police officer or maybe other people who do this job maybe she's not an experienced but my understanding and please correct me if I'm wrong but my understanding is that whatever minimum standards that they actually are in order to have this job to be like the safety person on scene that she at least met those uh minimum qualifications now if I'm going to be her defense attorney here's what I would say and I think this is going to be her defense and this probably should be her defense and she actually has an excellent uh defense attorney who is representing her but her defense is going to be something to the effect of okay yes my job was safety but this this is such a low budget film that they had me doing all these other things so I was also in charge of wardrobe I was in charge of this so yes so and and it was documented that um many different um people who were working on set actually complained about how the scene wasn't safe about how it wasn't safe so Hannah Gutierrez what she should be arguing with her attorney is going to be arguing is that um there was this entire system this entire set was not safe not Hannah's fault she's the lowest on the totem pole she did everything she could with what she was given but she was given all these different jobs if this had been done correctly managed correctly by The Producers one of them being Alec Baldwin that hey this is your only job is to manage safety not all these other things that she would have been able to do that properly but for a mismanagement from the top um that's going to be her argument and you know what that actually might be a compelling argument um the one question that Mary Carmack altwise the D.A said yesterday okay that kind of the question that everybody wants to know and she said yesterday that they still don't have an answer to this is where did the live live rounds come from who brought the live rounds there who put the live rounds in the gun so it seems like they still don't know the answer to that and I think that's one of the questions that everybody kind of wants to know all right let's see if we have any other uh questions here uh let's see not an ATF agent how do you think this is going to affect the industry oh God that's such a great question um so my guess is that this is going to affect the industry in a couple different ways um either they are and I'm not a movie expert or or a film producer anything like that I'm sure people in here know more than me but some of my thoughts on that are is that something is going to change meaning either um they're going to make sure put it in policy that um Whoever has the gun at every stage has to check so the idea of Alec Baldwin saying well I thought two other people had checked yeah that isn't going to be a thing anymore and whoever handles the gun at any point during the chain of custody there I have to check it no matter what that's actually part of it or they are going to um or they are going to uh go away from or they are going to go away from using real guns real guns in the first place um I believe that The Rock has said that he will pay for CGI with guns um it just seems like and again not a movie expert but it just seems like um the idea of having a real gun that has the ability to even shoot actual real rounds um why they're using that with all the technology why can't it be some type of an actual prop fake gun that you know it isn't a real firearm and how you can't use that with with technology in CGI how that isn't a thing already is is absolutely crazy to me um so my guess is is it goes one of two ways maybe both but um my guess is that's how this is that's how this is going to go um those are those are my thoughts uh uh let's see uh Paul says uh industry May hire a safety officer uh for on-site production well that's what Hannah Gutierrez was supposed to be Paul that was literally her job her job was to be the safety officer on scene but again one of the problems you know if I'm her defense attorney who I believe is that Jason Bowles who's an excellent attorney his probably reasonable argument in defending Hannah Gutierrez Reid are Hannah Reed Gutierrez is going to be that she wasn't just the safety person it was mismanaged so much he had her doing five different things so you know to expect someone to have more than one job where you're out running around doing different things and then even on top of that you're still not going to check the gun yourself and think they're doing this a hundred percent when you're giving them extra tasks that's not a reasonable expectation the fault is with Alec Baldwin that is absolutely what should be argued in her defense so I really think that both individuals have an interesting and maybe a plausible defense when I looked at this case from the very start I said to myself you know talking with people um that you know if this was just a civil case like if no criminal charges were filed could there be a reasonable defense for everyone and that instead of this going criminal this is just a huge civil case like that wouldn't have surprised me either because again I honestly do think that both Alec Baldwin and Hannah Hannah Gutierrez have a reasonable defense as to why they're not culpable and that instead it was the system that was that was culpable which typically when that happens it's an insurance issue it's a civil case not a criminal case so this is going to be extremely interesting and I just want to put it out there um that we had do have uh the body cam video from a lot of the aftermath of this case um cops and cons interview is actually one of the first ones in the entire country to get the body cam video so I think we're probably going to link it on here but if you haven't watched it we have a whole bunch of it so we're gonna we're gonna put it on there as well um uh let's see um also I should say that uh Santa Fe is chomping at the bit for a court TV Saga um uh the economy would be booming with a two-week trial so that's what a lot of people have said um is that you know the D.A is trying to make a name for herself um that you know this would be really good for the economy in Santa Fe um I I don't see that I I do think it's good for the economy meaning this is going to bring the entire world um the entire media to Santa Fe uh which is a good thing for the economy um I honestly don't don't get the feeling that the the district attorney um who has always been a really um a respectable and professional attorney um in in New Mexico I do not get the feeling that she's trying to do this to to put her name out there or for anything like that um and again the fact that this was a 15-month investigation that she didn't just file charges after 30 days I mean she was 100 absolutely thorough with this case and um so I I believe that she believes that a crime has been committed that she can prove Beyond A Reasonable Doubt and um this is uh for those of us who kind of like to watch this stuff and follow these cases it's going to be unbelievably interesting uh brother Teresa says that Jerry uh Jeremy DeWitt is my hero well he's mine too and if you watch Cops and cons TV at all uh you will know that um we are huge fans of Jeremy DeWitt um definitely hoping that he gets out of he gets out of jail so he can give us some more content to put on there all right next case that we're going to talk about is the Idaho murder case now I I know that you hear about this case everywhere um so I'm just going to go over a couple of the updates that have happened in the Idaho case and the first thing that I want to say is that if there's one lesson to take away from this case it's that police officers and investigators they know more than they let on so I mean you have to think about it this way when this first happened and it was two weeks in there were all kinds of people in the media that were contacting the victim's family which is really a shitty thing to do you shouldn't be doing that because these people just had a loved one killed and you're asking them questions about the police investigation I mean it's absolutely crazy that that the the people in the media would even be asking questions like that what do you expect these people to say so anything that the family said in the media I I don't hold them I don't have any ill will towards them um again I can't even imagine what that would be like um I blame the people who are asking the questions and trying to exploit these people on their television networks but you know there's a lot of criticism of the police especially within like two weeks of they don't have anyone to custody they don't have any leads and I I just remember saying I think I even said it on the show that like the police could have five leads they could have ten leads they could literally be tracking someone across the country or whether their movements and have warrants and wiretaps and and and GPS on someone's car right now but they're not going to tell you that like like just because the police aren't putting it out there in the public doesn't mean they're not working behind the scenes does it mean that they don't know what they're doing so um and I just want to put it out there that the more media attention that is on any particular case the more careful that the the police and the investigators are going to be with what information that they put out there in the public and that they keep from the public so I think that's pretty reasonable also um most people said that you know espec except for crazy people on Tick Tock who were talking to psychics and you know blaming um uh uh College professors because of what some kind of a tarot card said what was said on the moon card like like Miss Cleo um besides that most people thought and kind of had the idea okay whoever killed these people they they knew at least one of the victims they knew at least of them they were they were being stalking this wasn't just a random crime right I think everyone pretty much knew that this wasn't just someone walking down the street and says hey that three-story house looks kind of cool let me go in there like no there was some planning to this there was some um prior knowledge most people thought that and that was a reasonable thing to think and you know as more evidence becomes public you know that's pretty much confirming that so um the the the the accused killer um it came out this week that um he had visited the restaurant that uh one of the girls one of the victims had worked at at least two times and then almost more interesting than that is that he actually followed all three of the female victims on Instagram now um I'm on Instagram and a lot of people are so if you're not familiar with how Instagram works if you're not friends with someone you can still send them a message but it doesn't go in your normal box or mailbox or folder of of messages so if someone you don't know or aren't friends with sends you a message it basically goes into like a separate like junk folder that most people don't even listen to because you ever look at because it's mostly like uh solicitations of people trying to get you to buy crypto and crazy things like that so most people don't even look at this like junk mailbox on Instagram and um or it's uh uh you know it's definitely a creepy dude sliding into the DMS of young college girls um but it's it's so that's what he did so the the killer the accused killer he sent one of the females and they didn't say who but they sent her um several different messages um and again on Instagram but again it because they weren't friends or because they weren't she didn't follow him back it's unknown if she even saw the messages I mean most likely not um however she didn't respond to the messages from what we're getting from some of the media reports is that the messages weren't overtly creepy they were to the effect of hey how are you doing but the media reported that it was consistent and it was persistent meaning he sent the same kind of message like how were you doing like multiple times over over a two-week period before the homicides happen so I just kind of want to put that out there that like you know we all kind of thought that there was some prior connection and as more evidence comes out it really just proves that uh let's see what people have to say about this uh Secret Agent Man sometimes outwardly talking about the situation is is good medicine I absolutely agree um yeah you're 100 100 correct there uh let's see um black girl magic used to run around town with a gun and badge people would wave and smile thank me for my service uh that I just turned seven I decided to become a cowgirl okay all right I like the humor there black girl magic fantastic all right so um yeah so that's the updates in the Idaho case um again it's just not looking great um for the accused killer um it was interesting to listen to um the Reasonable Doubt podcast is is a great legal podcast I listen to it it's with Mark garagosa the famous defense attorney and Adam Carolla and they always talk about these these uh relevant cases that are happening now and you know one of the things that Mark garigo said is that you know one of the things the pieces of evidence that was in the affidavit that we know publicly that that is the place are using against the accused killer in this case is that um his cell phone pinged um you know near one of the towers kind of where the girls live well you know Mark garigo's obviously he's he's a defense attorney so he's always looking at things I'm not believing what the prosecutor says and he kind of explained how cell phone picking works and he gave a really good example he's like if me and you are sitting right here and let's say I'm using my cell phone he's like let's say the cell phone tower that's closest is full it's busy whatever synonym you want to use for for that and you know so essentially if you looked at my phone right now maybe it would ping 10 miles away because that's just the next closest cell phone signal I said so just because it pings someplace doesn't mean the person was there he said you and I could be sitting in the exact same place your cell phone could ping here his could ping um three three miles away to the next closest Tower if this one is too busy or has too much traffic now I I don't know how true that is I'm not sure but um it's interesting to hear a defense attorney say that so um you know you would think that might be relevant information for his defense if it's one time now if it's 10 20 30 different times that his phone was pinging near uh the girl's house um I think you know you're gonna have more of a problem with that as opposed if it was just a one-time thing all right let's see if we have any other questions uh about that um uh Canon rep where has this guy been epic show thank you well Canon rip I've been right here um I think we've done a show um every week the last uh three or four weeks every now and then we missed one but um typically um uh typically uh uh we are here uh Fridays and um uh if for some reason you missed the live show you can always go back and watch the watch the stream on YouTube it's going to live and and it's there and you can still comment on it and I still check those comments um all week so um Canon uh Canon rap I really I really appreciate that okay so the last um big case I've got definitely more case is to talk about but the last I kind of like major case from this week that I want to get into um so again it is kind of like a New Mexico day because I talked about um uh I I talked about um uh Alec Baldwin earlier but this is an absolutely crazy case and it wasn't just a local case here in the southwest it was actually a national case where um uh people were talking about this all over the place and I said this before about Albuquerque New Mexico that if you watch Breaking Bad like the way it depicts Albuquerque is is perfect um a lot of times a city or a town isn't depicted correctly in a show um Breaking Bad depicts Albuquerque really just like it is it is an absolute crazy wild place so here's an example of that this guy's name is Solomon Pena um a little bit about Mr Solomon so um back in the early 2000s he was part of a group of people who did Smash and grab robberies in the Albuquerque area well he was caught and he did seven years in prison while he was doing to be uh seven years in prison oh I should also say that he alleges to be a Navy veteran however um kind of like a George Santos thing not really able to verify those facts though he claims to be a prior military um so he did a seven years in prison for this at some point or somehow he became very right-wing um very big Donald Trump supporter um I believe he was in Washington DC for the um I'm not sure if he was there at January 6 but the reports are that he was in DC at some maybe even the first Trump rally on January 6th and he um uh so then in this last election cycle he decided to run for the New Mexico uh state house for a state house representative seat here in New Mexico he ran against a democratic incumbent uh opponents now because he was a convicted felon there's a law in New Mexico that essentially says that if you're a convicted felon you can't run for public office so um his opponents tried to essentially get him thrown off the ballot right from the start citing this New Mexico law well he challenged it and judge actually agreed with him a judge found that law was not constitutional and allowed Mr Pena to run so he ran and he lost by 47 percentage points this wasn't a close race he lost by 47 percentage points but he didn't think he lost so he claimed he refused to concede the election um he refused to um uh and I should just maybe did a little bit more context helps so he ran in a very blue District so it's not like he was in a purple District or a red District so he ran against a popular Democrat incumbent in a house seat the Democrats always win so essentially the most moderate reasonable normal Republican would have zero chance winning in this particular uh seat so someone like him with his history and you know his um a very right-wing Trump trump supporter again that works if you're in lowering uh beaubridge District it doesn't work for this um pretty far left-wing District here in the middle of of Albuquerque New Mexico so anyway so he lost um no one was um no one was uh surprised that he lost but he lost by again a huge margin 47 percentage points he refused to concede he said that there was voter fraud that there was election fraud um he got all these documents and stuff like that that you know he was he was um trying to prove that there was election fraud which is absolutely nonsense there was no election fraud there's certainly no no evidence of election fraud and again this is a seat that no Republican would have won even a normal Republican would have won so um the idea that there was voter fraud and that's why he lost is absolutely insane um but what he did afterwards he had all this paperwork and this documentation that he thought proved his case and and you know after the election he was he would go around to many um other leaders in the Democratic party and he was following them around to their houses to their businesses um a couple of them have ring camera video of him going up to their houses and talking to them in their front yards trying to hand them paperwork through fences well what ended up happening was is a couple weeks ago um there was a rash of people shooting guns at or near the homes of democratic uh representative politicians in the Albuquerque area so there were four of them who were targeted where um someone actually came by and fired a gun at their homes and businesses so this ended up being a national story The District Attorney the the sheriff the chief of police um and even the the feds got involved I believe that city leaders in Albuquerque were on Fox News and CNN and MSNBC um National show is talking about this well eventually they got someone into custody they made an arrest and it was Solomon Pena so Solomon Pena is the alleged person who not only did this but the allegation is that he essentially hired two other individuals um to do this for him so there is a report that he tried to do this with an AR-15 at one of the residences but the AR-15 jammed but um essentially he's being accused of a conspiracy of hiring other are people to go out and do this now some of the evidence that the police have put out there in the public is that they actually it seems like the other people that he hired who did the shooting at least on a couple of occasions they're simply they're cooperating with police or they gave police statements because um the police are saying that they have some text messages um from Solomon Pena to these other individuals essentially giving instructions on on not only whose house to Target but also specific information on where on the house that these these individuals should fire their guns at thus in order to create maximum damage um so I should just say that the the criminal complaint um also indicates that they had code words in text um so it's very specific in information like this that is really damning um so so yeah I just and the last thing that I want to say about Solomon Pena is that you know if he's convicted he is going to have decades in prison to work on a better election strategy so um but again Albuquerque crazy place and Solomon Pena he is uh he is a um a proof of that uh black girl magic oh let's see we got here I got I know that you can track an IP address but if you're using a VPN still give a false location don't know I'm I'm not I'm not a tech person when it comes that kind of stuff so I don't know um uh mark garagos what he said about the cell phone king of different Towers um I believe that there's probably some truth to what he says but he's saying things in in light of the defense because he's a he's a defense attorney so I'm not exactly sure what he says Randall Lewis it is good to see you again too thank you so much uh let's see uh Mark says um of course the gun can go out without pulling the trigger just pull the hammer back before the half [ __ ] and drop it okay uh let's see James Echo from San Antonio California hey copsicons did you ever hear Derek Chauvin his appealing his case James Echo how did you know because we're going to get to that story here in a couple minutes um it's about two stories down so why don't you hang out and we're gonna talk about Derek shovin's appeal because it's actually really interesting okay I just want to touch on uh some other really interesting police news kind of just like short hits on a couple other stories one of them being the Derek Chauvin case but um the next one I want to get to is this is a Houston hero case I'm calling it the Houston hero case maybe this guy's not a hero but um essentially this was in the we covered it last week so you remember it was in Houston uh it was 11 30 at night at a Taqueria and again I know I'm not pronouncing that correctly a Mexican restaurant where an individual named Eric Washington came in he pointed a gun um and he not only robbed the the the workers and the and the the cash register but he did kind of like a Pulp Fiction where he was stealing the wallets of all the other all the other people in there and as he as he did it um there was an individual who was sitting sitting there who was also armed because this is Texas and uh you know when the bad guys Point his gun at people people are fearing for their lives when he turned his back um this individual uh I'll call him uh call him the Houston hero a 46 year old man give his name yet he shot he shot and killed Mr Washington um and he shot and killed Mr Washington like we explained last week there was a reasonable use of deadly force I think he shot nine times the first six everyone's good with no one has a problem with the first six because there was a reasonable deadly threat to other people totally good under self-defense law however at some point Mr Washington fell on the ground probably is severely injured maybe even fatally injured uh and after the threat is gone after the gun has kind of been pushed away from Mr Washington um as he's leaving uh the Houston hero shoots him a couple more times so as I said last week legally um there really is no defense so they are taking it to a grand jury and and we'll see what happens but legally I mean they're just there is no objective legal defense for those last couple shots um however uh morally speaking um he's probably going to be okay with the Texas grand jury so I would be surprised if they indict so the the individual's family the guy who who was the robber who died Eric Washington so what's happened in Houston is that activists have basically descended and are on Houston are demanding charges against this individual um so um uh uh uh Al Sharpton the New Black Panthers the rainbow push Coalition they have descended on Houston and they've been doing all these press conferences with activists basically saying that they want the individual the Houston hero they want him charged and I quote with something so they are pushing for criminal charges um essentially they are trying to bring in race and and listen like most cases the color of Mr Washington's skin is literally the least interesting and relevant part of this entire case and being opposed to armed robbers isn't racist um so we'll see what happens in Houston if there is uh if there is any uh charges that are filed Secret Agent Man I heard that on YouTube a couple days ago yeah this is absolutely crazy case uh Ray Baker if I'm on the jury that guy is walking out of the courtroom of free man yeah Ray Baker I think that's a really good point and so they're just at the Grand Jury stage so you know basically the grand jury is going to hear facts from the prosecutor and a lot of times in grand juries if the prosecutor doesn't want charges to be filed they can kind of um give the facts in a way that makes it seem like you know that that they can't win at trial that can happen in grand juries um so you know we'll see what the mood of the prosecutor is if the prosecutor is very motivated it's very possible that the grand jury might file charges and then if charges are filed we'll see what those would even be and then you know would you actually get a Beyond A Reasonable Doubt guilty um probably not in my guess is charges won't be filed at all that a grand jury will decide to not file the charges and I look at it this way so you know the deadly force was authorized right I think everybody agrees with that I think even this guy's family and Al Sharpton they all agree that they say that yes he did the right thing initially so basically what they're saying is that yeah we're good with him being shot six times just not nine times well that doesn't make a whole lot of sense it's like with police cases either deadly force is authorized and reasonable or it's not so um yeah so this will be this will be an interesting case uh Kenneth says I literally encountered this dude uh no BS in Corpus Christi oh wow I believe you uh uh Nikolai says the ham sandwich principle yeah so what what what Nikolai is saying is that if a prosecutor wants to um Grand Jury you can indict uh you can diet a ham sandwich um uh because at a grand jury um the defendant isn't there um uh the defense attorney isn't there it's basically the prosecutor laying out the facts now they can't lie but they can lay out the facts um in the light most favorable to the prosecution and then the grand jury all they say is yeah go ahead and file charges so um you know it's very easy to get an indictment so um if a prosecutor is motivated and really wants to my guess is they probably can get a true bill and get um uh this individual indicted um it just depends what the what the mood is sometimes they kind of just go through the motions like we're gonna take it to a grand jury but instead of doing all the only the facts that are are that are in the the light most favorable to the to the to the prosecution they say hey also this happened this happened and they put in a lot of mitigating factors which is actually more honest but there's less likely of a chance that there's going to be an indictment okay uh let's see um any other questions on that okay so the next thing I want to talk about this so there's a January 6th right of all these January six cases people are being charged with all all these different things well there's one January 6th ride and I think I think it's kind of interesting um so he's the guy named Richard Barnett and he was the one who had his feet up on Nancy Pelosi's desk um real confident in that moment I'm not so much when he's testifying in his own trial but real confident in that moment with his feet up on Nancy Pelosi's desk and you know afterwards after January 6 he did a lot of interviews and he was pretty public and he said something to the effect of um anyone who doesn't believe in the Constitution or follow the Constitution is my enemy so he said that in the news you know he put that on his social media that if you don't follow the Constitution uh you're his enemy Well turns out I know everyone's surprised turns out he's not exactly a legal scholar because this week during his trial he admitted on the stand that he's that he's familiar with the First Amendment and the Second Amendment but he actually couldn't name any of the other amendments so um yeah he's not as not as confident when he's on trial which I think is kind of funny um now we're going to get to the Derek Chauvin appeal so um thank you for bringing that up so the Derek Chauvin appeals I I just want to say and I've I've said this before that I don't have any qualms any I don't lose any sleep over Derek Chauvin being in prison for this particular case um I I just I just don't now Aaron Dean and we covered the Aaron Dean case you can go back and listen to that I've done a lot of content on the Aaron Dean case that happened in Fort Worth Texas I've got heartache over Aaron Dean being in prison um uh uh Ben Darby Ben Darby out of I believe Alabama I've got heartache over him being being in prison um for an option involved shooting that I think is reasonable lawful and and uh objectively reasonable um but uh Derek Chauvin I don't have any love lost for Derek Chauvin um for a couple reasons just to recap real quick so where I think there were a lot of things that contributed to George Floyd's desk I think that George Floyd's death there were a lot of contributing factors including covid that he had heart problems that he had enough fentanyl in his system to kill a horse so I think there were a lot of things there that contributed to his death a positional uh as asphyxiation which a lot of people die from even if there isn't someone who's who's um standing on the who who is putting pressure on their on their shoulder back or neck so um this happens all the time even when someone isn't doing what Derek Chauvin did but Derek Chauvin didn't help I think I think what we can at least hopefully we can all agree on that George Floyd was on the ground he was handcuffed there were three cops there yes let's make an argument that yes he's high out of his mind and he's a big guy and he's out of control let's even make the argument we have to hold him in place because if we let him up and he runs around he hits by a car cops are going to be blamed for that so let's agree hey cops have to hold him in place there there is absolutely no reason that you should be holding him in place with your knee on his neck that's absolutely insane you have the cop Who's down by his feet that's reasonable you have the cop that's by his midsection holding him down again reasonable I got no issue with those cops but Derek Chauvin you you kneel behind him you put your hands on his shoulder your knee should be nowhere near his neck so it's absolutely nut so what Derek Chauvin did was so far beyond what is reasonable um that most police officers would have done in that situation that's why I don't have any real heartache with him being convicted though I don't think he was the full reason that that George Floyd died but he was definitely a part of it it didn't help so let's go there so um he was convicted as everybody knows I think he's serving 22 and a half years in prison so he just appealed now there's a couple and I think his appeal is really interesting and I think he actually has a point and here's what I mean by that and you know it's possible so two things can be true at one time it's possible to say hey I so just let me let me frame this a little bit better so Derek chauvin's appeal is that he did didn't get a fair trial that the media circus that there was just no end and they didn't change the venue they still had the trial right there in in Minneapolis so you know that it was essentially not possible for him to get a fair trial some of the evidence that cited for that is um Obama made I'm sorry not Obama uh Joe Biden made statements um about this case um that he hopes that there's a conviction while the trial was going on um also Maxine Waters a crazy representative from California she said that if Derek Chauvin isn't convicted or is only convicted of one of the Lesser charges that we need to stay in the streets so so you have to think about this so we have all of these riots that are going on and if you're on the jury just think about this if you're on the jury whether or not you think Derek Chauvin is guilty of every charge or some of the charges you know if we don't find this guy guilty of everything the city's gonna burn maybe my house maybe my business maybe my cousin's Pharmacy downtown right next to the Cup Foods maybe that is going to turn to the ground if we don't if we don't come to the the uh the if we don't um find him guilty and do what the mob thinks so again when we talk about like you know Justice and just the criminal justice system and that court has to be fair whether or not someone did something that's absolutely despicable your civil rights don't go away just because you did something and committed a horrible crime right the facts of your crime don't have anything to do with you keeping your civil rights and I think that's important to remember right so um so again so I with that framing in mind I think it's possible to say two things at the same time one that yeah Derek Chauvin did something it's a criminal act he probably should be in prison but also yeah this guy didn't get a fair trial um and that's kind of where I'm at on there I don't think he got a fair trial because I literally don't when you have the president of the United States and elective Representatives basically saying that we want him to be found guilty and if he's not found guilty we need to stay in the streets so we need to write we need to fight so um yeah I agree I don't I don't think that he did get a fair trial I should also say that when Maxine Waters and Joe Biden when they made these statements um uh Derek chauvin's defense attorney brought this up to the judge at the time and said hey if we need a mistrial because look at what's happening we need to change the venue the judge almost kind of agreed the judge said that he was just short of doing a mistrial or or having a mistrial in the case because he acknowledged that what was said by these politicians was absolutely problematic and he even said to the defense attorney you know should Mr Chauvin be found guilty you have a hell of a you have a hell of an issue for appeal but right now because we're so far in I am not going to issue a mistrial so I I think that's kind of where we're at is that you know yes he's guilty of something I don't think he intended to kill George Floyd I think it was an accident you know he probably probably like a manslaughter type thing you know where it's like obviously what he was doing was a battery right like he wasn't supposed to be doing that it was not necessary for course unnecessary Force you know can be a battery during the battery someone died so I think that's pretty much what happened I don't think Derek Chauvin after 19 and a half years as a police officer he's just about to retire he says you know what would be good I'm going to kill an unarmed black person for absolutely no reason on video and just see what happens because I'm bored like there's no way that he said that so he didn't intend for it to happen but his actions helped to cause it so um it looks like he was uh guilty of something uh let's see um uh yeah and I had to put in there like the George Floyd was actually a guy that he worked with uh secured yet a couple that doesn't make any sense okay so that's kind of going over the appeal there I think it's going to be really interesting I love all this court stuff you know so I think it's going to be really interesting and I'm like I said I think that Derek Chauvin is guilty of something but I definitely think he didn't get a fair trial and I think people looking at it objectively kind of are in the same ballpark um of that and it's really difficult because you have to think by this way let's say it's you or your family member and let's say that if you're if let's say that politicians including literally the most powerful politician on the planet says we hope that you're found guilty and if you're not found guilty there's going to be riots and [ __ ] and destruction and burning all over your city if you're not found guilty um if that were you wouldn't you be saying hey there's something wrong with this this doesn't seem right so I think most people in that situation um would feel that way even if we all agree that Derek Chauvin did something criminal that we want him punished for two things can be true at the same time and um yeah let's see what people have to say about that um let's see uh Ray Baker he got the trial everyone else got and it's not fair uh totally agree right yeah because the other three police officers um I actually don't think they should have been charged at all um and I've gone through this before that I think there's different levels of culpability so just real quick the officer who was on the end on George Floyd's feet so so you have an officer on the end an officer in the middle then you have Derek chovin so the officer who was on the end who was like two days on the police department he had an officer in between he couldn't even see what Derek shovin was doing I don't think he's guilty of anything the officer in the middle who is on the back yeah he probably could have seen what Derek Chauvin was doing he probably should have told him to stop so if there is any culpability from the other three officers I would say it's the officer who was in the middle who did have a couple years on uh or no I'm sorry he was also a rookie he was in his rookie year as well but you know maybe him but um towel the officer who was doing crowd control he's trying to hold back an Angry Crowd of like 15 people um so yeah no he's not to blame it all um if you're saying that Tau should have been concentrating more on what dare Eric shelvin was doing then you also have to say hey these 15 people shouldn't be screaming and yelling because then Tao could have concentrated on what Derek shelvin was doing and not having to deal with a crazy mob um and you know what because of what Derek Shawn was doing I get that the mob was crazy but this was a bad situation Tau absolutely should not be charged at all Ray Baker that's what I think about that uh let's see um any other questions here uh Cajun Randy uh then where would you find a jury uh who none of them uh heard what Biden or water said yeah that's a that's a really good question um probably nowhere um but you have to think about it like this is that in the city where it actually happened it's probably going to be worse so moving to one of the other counties in the state of Minnesota um the idea is is that maybe um you'll be able to find something that's a little more fair but yeah yeah I think you may you know what Cajun Randy made an excellent point almost anywhere in the country Derek Chauvin is going to have such a hard time um but literally the hardest and least fair is right in the exact City where it happened so to move it out a little bit um um helps and I just want to say this so let's say you're uh let's say you're a defense attorney and you're asking a judge you're saying hey I don't think we can get a fair trial here and the judge says okay agree let's move it to a different venue okay now it goes to that other venue well at that point that legal argument of unfair trial that attorney really can't bring that up anymore or it's not an issue that can be appealed because the judge agreed the judge moved the trial to a different uh jurisdiction in the state to a different county in the state so um that issue it just isn't an issue for appeal anymore and it's one and here's the thing if you care about Derek Chauvin being convicted you want everything to be as Fair as possible because otherwise there could be issues for appeal work imagine it's not Derek show but imagine someone who killed a police officer or imagine it's someone who killed um four four college students in Idaho if there's a process problem at the front end you know you might say well screw this guy you know who cares well the legal system is going to care and you don't want someone getting out in two or three years because of a legal a legal appeal or a legal problem that never should have happened in the first place but really really good question uh Mr Cajun Randy uh let's see um uh I don't listen to anything Biden or water says you know I think that's I think that's a good thing to live by I I agree uh let's see um Kenneth he did see uh the knee on the neck once uh yeah I mean again any pressure to the knee head shoulder uh and any pressure with the knee to any part of the body just was not reasonable that's not how police officers are trained like I said I get having to control George Floyd a hundred percent but the idea that you're going to use your knee instead anywhere near the head or neck absolutely makes no sense um especially because police officers have been trained on positional as asphyxia for at least a decade probably longer um that police officers have been trained and then when you have someone who's having a medical issue and they did think that George Floyd was having a medical issue they called the ambulance for him twice right I mean that's evidence that they didn't weren't trying to kill him because they called an ambulance at one point they even told the ambulance to step it up to try to get there quicker so again that's evidence in the bucket of these police officers were not trying to kill George Floyd they called an ambulance for him but all police officers at least for the last 10 years have training that if someone is having a medical issue you do not keep them on their stomach while putting pressure on their back because that is a way that people die from positional asphyxia again this has been in law enforcement circles for at least a decade so the idea that police officers are still doing that um back in 2020 when this happened is absolutely crazy and that's negligent and Reckless on their part just because of the position that he was in not even the fact that there was pressure on his back from uh Derek Chauvin so I didn't care if the pressure's on the neck pressure on the back when you're face down is absolutely crazy to do we all know not to do that uh let's see uh Cajun Randy all of the other three were uh convicted in federal court uh two of the three guilty and say yeah they did yeah I think they're all due in between two to three years occasion Randy they're all doing between two to three years and um I don't I don't agree um now my guess is that given the facts on the ground that their attorney said hey like this is the best we're going to do there's a high chance that you could be convicted in your face in 12 to 15 years so yeah all three of them um I think one of them is challenging it uh found guilty but two of the three uh took plea deals uh let's see uh Kenneth so you think all the people involved in the Baldwin is guilty but not Floyd wow no no I didn't oh Kenneth that's like pretty much the opposite of what I said so let me just go back uh let me go back a little bit so the people in the Baldwin case as I said I think that Alec Baldwin I think that I said I understand why he so let me start from the not from the beginning that'd be silly but when the Alec Baldwin case if this was just a civil case and no charges were filed I would have said yeah okay I could see that I get that the reason why is I think Alec Baldwin has a plausible defense I'm not saying he should be found not guilty but I think Alec Baldwin has a reasonable defense saying I hired someone else to be in charge of the safety so I I took the steps I should be able to trust the people I hired so I think Baldwin has a defense Hannah Gutierrez I think she has the defense by saying you know what I wasn't just in charge of safety I was actually in charge of these five other things and it's common practice that everyone along the line who touches the gun checks it so I have a plausible defense too so um uh so Kenneth just putting it out there that no I I'm not saying that everyone involved in the Alec Baldwin case is guilty um I said literally the exact opposite that I think there is a reasonable defense for both and I'll be honest I will be very surprised if there is a conviction on Alec Baldwin um Hannah Gutierrez I think there's more of a chance though her attorney's excellent I I think there's more of a chance that she might be um convicted but I think both have a plausible reasonable defense and then when it comes to um uh then when it comes to the George Floyd case yeah I think Derek Chauvin is guilty um I think the officer who was in the middle um under on George Floyd's back I think I could see criminal charges being filed against him but the cop who was holding George Floyd's feet who literally couldn't see what Derek Chauvin was doing don't think he could be charged because he legitimately couldn't see what was happening and then Tao um was the officer who never touched George Floyd and he was trying to control a rowdy crowd of 15 people I don't think he should be charged either those are just my opinions on it and it's okay to disagree um let's see uh let's see uh James Echo pretty sure those are two different cases nothing to do with each other good points uh let's see uh let's see uh Ray Baker Illinois EMS transport of a patient face down that's and saying yeah so Ray Baker so last week I actually covered a case where two paramedics in Illinois in Springfield Illinois which is the capital of Illinois that they um transported a patient who was having hallucinations on the gurney so they put him on the gurney face down um that's how they transported him and then the straps that are supposed to go around your chest they put those on his back and the individual died both of those paramedics again we covered this last week both those paramedics are charged with uh first degree homicide which um I think they probably should be because again we all know First Responders cops firefights paramedics everyone knows it is absolutely insane to transport someone like that Kenneth my apologies you don't have to apologize um let's see um let's see uh let's see Alec will be on SNL before the end of the year I think that's probably probably correct uh Cajun Randy Lane was on Floyd's feet and he knew uh what was going on because he asked Chauvin to stop well so I I Cajun Randy um what I think is that he asked if if should turn him over so I think so so Lane knew my understanding is that lane knew that George Floyd was on his stomach which again is positional asphyxia which you're not supposed to do but because of where he was positioned I don't think he could see that George Floyd that Derek chauvin's knee was on the neck but I so I think he asked a couple times should we turn him over should we turn him on his side so in that respect yes he knew that but I don't think he could see what was happening with the knee um again but yeah he could definitely he he was on his feet he definitely knew that Mr Floyd was on his on his uh on his bottom on his um uh on his uh uh stomach okay last case that I I'm Gonna Last guess I'm gonna talk about here and uh you know it just wouldn't be a show about um police or anything when it comes to law enforcement news without talking about Laverne PD again because um it's absolute craziest story this is the Tennessee the Tennessee female police officer who was fired with five of her male co-workers is for basically having sexual in it interactions with all of them a lot of it was on duty and a lot of it was on a duty and um uh uh you know at city property which is on city property which is why they got in trouble and they got fired again the memes on this on this case are absolutely crazy it is it is so much fun but um so but the the girl the the female police officer um you know she's actually married and um she's actually married and um uh her husband you know the media's been trying to track him down so um uh yeah and I just want to say on this uh the taxpayers don't get screwed on this um it was the cops who did uh so the uh her husband the media has been trying to talk to her husband because she's married um and you know um he doesn't want to talk to the media I wouldn't either right like that's that's not a a thing you wanna you want to talk about but one of the things he did say is that you know he's just asking for some quiet for some peace and he said he's trying to salvage his marriage now this is my marriage and device Laverne PD style is that listen bro you do not Salvage this you Salvage the last handful of potato chips not a marriage move on uh so that's my that's my uh that's my um advice marriage advice for for her husband that he should absolutely move on um do not try to salvage this marriage so that's going to be the end of the show those were the last those were the cases that I wanted to talk about if think that we missed anything or there's any cases that you think were big this week that we didn't get to put it in the chat um you know even if it's later on throughout the week I do go through the chat and if there is something that we miss I definitely want to go ahead and um I definitely want to go ahead and talk about it the only other thing I'm going to say is um uh I'll be on a radio show this week um it's called the law enforcement today radio show um I believe it's a syndicated radio show on about 90 channels across the country uh law enforcement today radio show um Tuesday this coming Tuesday at 12 o'clock Eastern um I'll be on there for about an hour so if you want to go ahead and listen to that I would appreciate it and if you haven't please go ahead and subscribe to our channel here at cops and cons we have some awesome body cam video coming out this week make sure you watch our other videos especially some of the Alec Baldwin stuff that we talked about because these interviews with the people who are involved afterwards are pretty wild um other than that again my name is Daniel please go ahead and follow me at police law news everywhere sub stack YouTube Tick Tock Twitter and I really hope that everyone has a great and safe weekend and we'll see you next Friday thanks
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