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Edit Transcript - Legal Expert/Cop Breaks Down Recent Police Cases Across the Country
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Legal Expert/Cop Breaks Down Recent Police Cases Across the Country
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good afternoon this is Daniel here with Copwatch TV just want to welcome everyone into our weekly live show and we're going to break down some of the most important interesting cases that happened in policing this week and we have a couple that are really interesting and then we also have a legal update here at the end just want to say uh welcome everybody and and really curious to see where everybody is watching from looks like we got Sergeant George who wishes everyone a Happy Thanksgiving from California thank you Sergeant George Happy Thanksgiving as well we got Chris from Pennsylvania Shane Morton from Illinois hey Shane what part of Illinois you from I'm from the Chicagoland area Pam Wallace from New Hampshire and we've got someone u4a from Ohio uh let's see we're gonna start with a question here let's see uh Richard Martin says if someone is on bail for a DUI doesn't uh that mean their license is suspended Richard that's a good question so that's going to be state byst state um so a lot of times what happens is when someone gets arrested for drunk driving while that's going on or even after that's going on your license is suspended or revoked unless you get an interlock device so that's one of the things that gets installed inside your vehicle you have to blow into so because a lot of times you know courts and states and you know prosecutors you know they they want they don't want people to not be able to work and not be able to drive they want people to drive sober so typically that's what happens is you have workout some kind of an agreement where you have a work out some kind of agreement where you have an interlock device and then your license is only suspended if you're caught driving without that interlock device it's not the same for every single state but certainly the state that I'm in that is how they get around that idea great well we already started out with a question that's pretty much one of the things we like to do so as I'm going through some of these cases if you have a question about what I'm talking about in a current case or or other case or you have uh any questions at all about you know policing and law definitely put it in the chat because one of the things that we like to do while we're while we're going through this is to one of the things that we like to do while we are going through this is uh really interact uh really interact with our um uh audience as well so if you haven't already please go ahead and subscribe to the channel and make sure you share it with friends and family because not only do we want you to see the awesome and raw body camera footage that we get from around the country and we post every single week but we want as many people as possible to get in here for our live shows just so the interaction is is uh uh uh something that's interesting for everyone uh hey how's it going someone from Jackson Florida and Sergeant George says drive over or get pulled over and again my name is Daniel if you want to go ahead and follow me you can go ahead and do so over at police law news pretty much everywhere all right so we're going to get into this very first case and here's kind of the road map of what we're going to do we have two really controversial and and almost most importantly interesting cases that we're going to go ahead and cover first um then we're going to get into a legal update uh from the Derek shovin case because there's always legal updates with the Derek shovin case and then I'm going to at the I'm going to end it with a case that we covered a couple weeks ago it was the the deputies who were ambushed and almost killed in Florida um I was actually on a podcast last night called failure to stop and um we discussed that case in detail and there were some updates on that case and one of the individuals Drew Breezy who I was on the show with he actually just retired a couple years ago from the Hillsboro County Sheriff's Department he had some inside information about that so we'll go ahead and talk about that here in a few one more question before we get started Justin says what's your opinion on Sovereign citizens and their wild claims about not needing a license to drive love the channel thank you so much Justin my opinions is that they are absolutely insane um their opinions are insane or their opinions are wrong now it's not illegal to have wrong and bad opinions all kinds of people have wrong and bad opinions that's fine but um anytime they challenge something in court it they're pretty much laughed out of court by every single judge so um their opinions are what they are but it's not reality don't know where they're getting this stuff from um I've covered it a couple different times where I've kind of gone into detail of what they think um but no you absolutely need a license to drive state laws work um and uh as a as a police officer when you deal with someone like this you know how it's going to end it typically ends with the police officer um having to bash in the front driver side window and extract the person from the car um anyway so that that's my opinion on that um that they're just legally they have no standing uh in any in any uh legal basis at all um yeah and uh uh usually with these Sovereign citizens usually see videos where uh cell phones get you know flung out of their hands as they're live streaming being extracted from Vehicles okay so the first case I'm going to talk about and those of you who watch this channel on a regular basis you know that this is the exact kind of case that not that I like but that I just find so interesting because what's interesting to me about this topic of police and law enforcement and and how it all kind of interacts together when it comes to social issues and legal issues and you know what is when there's a case and we have a little bit of evidence and we're not really sure and thinking about okay how do we go what really happened in this case what are some of the questions we need to ask those are the kinds of cases that I find really interesting and that's exactly what happened in Charlotte North Carolina a couple days ago so how this started was there was a short cell phone video that was shared on Facebook and Instagram uh Ben Crump ended up picking it up and basically it went viral after that and it basically shows police officers with a Charlotte mecklinburg police officers arresting a woman on a on a cell phone video um so the video was recorded by a witness and you obviously and con conveniently it doesn't show what led up to the use of force by police officers now in defense of the woman taking or the man taking the cell phone video you know if you see police officers just talking to someone you're not necessarily going to take out your cell phone however if you see police officers in the use of force it's at that point that um you might start recording so the idea that the the the beginning of it the idea that the beginning of it isn't recorded not necessarily nefarious because again you may have no idea that something is going to happen however when that does happen I think it's just important for everyone to know okay we see police officers in a use of force pretending that that is alone on on an island somewhere that police officers just pluck that person for absolutely no reason and started to use Force well that's that's a pretty unreasonable thing so I'm not saying the use of force for is Justified or not justified based on the video I'm saying we have to ask a whole lot of questions and if you're coming to an opinion and a conclusion that no matter what happens you already know well you know that's that's that's not really honest and it's difficult to have a conversation so here's what the video shows the video shows three or four police officers trying to get a woman's hands behind her back in the controversial part it shows one police officer start punching the woman um he punches her multiple times and you know that's basically where the video stops and that's where it stops and that and that's where it starts with police officers trying to get a woman's hand behind her back and one officer punching the woman several times you know this has been described as brutal this has been described as you know disturbing video and and listen if you know nothing about police work and you find a video like this disturbing that honestly might be a reasonable initial reaction to seeing something like this however in that same vein if you have zero police experience or education it's always a good idea to ask questions instead of just reflexively flying into a rage and posting something on Twitter so what here's what it looks like we see in this video is that a police officer is administering or or the the the punching part is basically administering what police officers call distraction strikes or distraction techniques now let me explain a little bit about this and this is something that police officers are trained to do and this this I've said multiple times police officers are actually really good at following rules if you tell police officers what to do write have them write a policy train them on a policy train them how to do something that most of the time they're going to go ahead and do it so so but when it comes to these distraction techniques police officers are actually trained and told to do this in certain situations and the certain situations are basically these strikes are basically used in situations when individuals are actively resisting arrest now officers are trained to aim for large muscle groups and to avoid areas like the head the neck the throat the groin and to only strike target areas which is like large muscle groups which would be like the legs and the arms um this use of force these distraction techniques police officers are supposed to stop administering these or stop using these as soon as the individual is in handcuffs or under control or is no longer a threat and but the thing about this is is as you can imagine from this video and just from my description of what this is it's never going to look pretty okay it's never going to look pretty it's never going to look perfectly because it's a police officer literally punching or hitting someone it's never going to look pretty so if the if the if we're judging this based on what looks good what looks good to our aesthetic eye again that isn't the way that this type of use of force should be investigated because the intent behind using this level of force is essential essentially temporary pain compliance because police officers want wanted to administer and distract an individual with temporary pain compliance temporary meaning they're not going to suffer long-term injuries they're not going to have a broken arm or or you know any any long-term injuries temporary pain compliance in order to briefly distract the individual so that other officers can get the person into handcuffs and listen the logic behind this is hey if someone's fighting with police officers the quicker that we can the quicker that we can get them into handcuffs the more chance or the less chance that there's going to be a higher level of force utilized later um and to me that seems that seems pretty reasonable right because if you have someone who's resisting arrest and listen my goal with all this is what I want is less violence between police officers and citizens so if someone is resisting arrest from a police officer it's my personal opinion and it's also policy in most police departments to use distraction strikes on someone yes it's going to hurt them and it's going to be painful for maybe 3 to 5 Seconds but during that 3 to 5 Seconds other officers can get the person into handcuffs and it's over it's done no more force is used and most importantly the individual and the officers are not injured or killed because that's basically the goal that's one of the reasons why I like tasers listen a taser is Unc I've been tased I've been tased twice because that's in the police department that that I was with you get tased twice during the police academy being tased is uncomfortable for about 5 Seconds however after that it's over so yes I don't want people hey Adam goson how's it going I don't want I don't want Adam I don't want um I don't want um I don't want um anyone to think that I want all kinds of people to be tased but again if this is if if a taser is what is needed to be utilized that is a thing and I should say Adam goson did mention that a lot of agencies are not teaching distraction strikes anymore however in this Police Department that we're talking about Charlotte they still are teaching distraction techniques and the reason why I know that is because the chief of police of Charlotte um Chief Johnny Jennings he actually held a press conference and explained that um but before I get to what police chief Johnny Jennings had to say is that you know basically Ben Crump he posted this short video and demanded Justice he didn't say Hey listen we need to figure out what happened there could be an issue here this doesn't look good we have a meeting with with the police chief so again everything he says that that Ben Crump says in this is is is basically you know to in order to get out and and early get out and and to um essentially set the narrative early and order to distort any truth that might be unfavorable to him later uh let's see James no says that temporary pain compliance technique is interesting and I've never heard of it before yeah so um yeah so it's uh uh you know it's actually been it's actually been utilized a lot a lot of police departments aren't teaching it anymore a lot of police departments aren't teaching it anymore but some police departments still do and again if you ju if you just look at the the the the theory behind it using temporary pain compliance in order to distract someone to get them into handcuffs quickly so that you don't have to utilize more Force later so like the idea behind that is good right so the idea the end goal is to get someone into handcuffs quickly now is is distraction techniques distraction strikes is that always the best way to achieve that goal no is it is it sometimes the best way to to achieve that goal well yes yes it is and you know I think it depends upon you know a a caseby case basis and different police departments are going to teach different things cjun Randy yeah um uh you gave false info on the Elijah mlan case don't think I did uh Randy but go ahead and put it in there uh and I'll let you know oh we got Flynn uh sent us a coin uh with a star um I'm not sure what that is but awesome Flynn thank you thank you so much uh let's see um uh let's see uh oh he gave us a uh let's see so Flynn gave us A110 cents Euro donation thank you so much appreciate that uh let's see Sergeant George says accountability say uh officer blue gun says people have been programmed by movies to think that the the use of force can we go back to Blue gun's comment sorry uh let's see officer blue gun says the people have been programmed by movies to think that the use of force is pretty use of force almost always looks bad it absolutely does that is 100% correct so so um basically the Chie police chief Johnny Jennings he he did the right thing on this he he went out almost as soon as the video became public he did a press conference and he he gave his opinion on the case and he said a couple different things and this is what police Chiefs police leaders sheriffs the the law enforcement leaders this is what a good law enforcement leader does they don't hide they get out and they honestly answer questions they say hey if the police officer did something wrong we're going to hold them accountable but also if the police officer did not do anything wrong and their actions were within the law and within policy we're going to go ahead and say dead too so here are some of the things that Chief Johnny Jennings said in in a press conference which with again I think it's important for a police leaders to get out there and to be honest not to make political statements but to be honest so he said that he completely understood that the video didn't look good and that's what I said too I agree it doesn't look good but it's use of force like officer blue gun said it's not supposed promise you there's almost no use of force that looks good because it's one person using Force against another person in order to try to gain compliance it's never going to look pretty but here are a couple of the so police chief Johnny Jennings he he added some context into this video from what we know so far here's what he said he said that the woman was under arrest he said that there was a man who was with her and that he was actually armed with a gun so it's unknown if at the time if they knew exactly where the gun was or if they thought the female had the gun but someone at least in this group of individuals that the police officers were contacting and were under arrest did have a firearm on them so let's think about this so the idea that you know they're trying to get her hands behind her back and so they're trying to get her hands behind her back and as they're doing that she's not letting them do that maybe they think she's reaching for something in her waistband again again I don't want police officers to utilize excessive force but the idea that a woman is going to be have a couple different strikes and the strikes run her thighs her her legs which is which is one of the target areas that police officers in some places are trained to do but it's you know so yes she's going to be uncomfortable for for 3 to 5 seconds but we're going to get her hands behind her back there's no chance at all she can get a gun if she has one therefore there's going to be no use of force that way there's going to be no use of force that's any greater than that like again that that's a win getting someone into custody where they don't sustain yes obviously had like no Force but I'd rather have this small level of force than a higher level of force later and or have anyone uh individuals or police officers um sustain any major injuries so again so she was under arrest there was a man who was with her was armed with a gun um the the the woman the chief Jennings said that you know what wasn't shown on the video is that the woman during the arrest it was a lawful arrest is what the chief said is that the woman actually punched a police officer in the face during the arrest and that's what precipitated this fight this use of force is she punched a police officer in the face um the woman then resisted arrest the woman then resisted arrest um while she was while she was on the ground um and the officer did punch and utilize a distraction strike to the woman's thighs which is a designated Target area uh yes it's also possible um yes Cajun Randy says that she was also punched in the face which I I think is what happened so um basically some of the information that we have is is when was when they were standing up and trying to arrest her that she punched the officer in the face and the officer responded by punching her back in the face which is likely we'll have to see the body camera video but you know that doesn't seem that doesn't seem unreasonable now if a police officer punches someone in the face first for no reason I've got a problem with that cjun Randy has a problem with that we all have a problem with that but if you punch a police officer in the face you know they're they're going to use at least that level of force in order to take you down to the ground um then once on the ground it seemed like the force that was utilized was reasonable if they were trying to get her hands behind her back and all they did is um and and all they did is um is uh uh all they did is you know punch her in the thighs a couple times but I mean if you around with a police officer and punch him in the face like the idea that they're not going to respond at least in kind like isn't isn't reasonable um okay so um so um Chief Jennings also said that he was working to have the body camera footage released quickly and asked that the public wait until the investigation is complete to make a final judgment that's a completely reasonable thing to say so Chief Johnny Jennings he's not saying this is 100% Justified this is the officers did everything perfect that's not what the chief said the chief said hey we're doing an investigation and then you know we're waiting we want everyone to wait for the investigation to make a final determination whether or not something is whether or not something is Justified or not it just it's it's just funny that we have people especially even some people in these comments so I know it goes out to the broader public that you know people are saying like well you know you know everybody is everybody is uh everybody is um uh you know guilty until proved inocent unless it's a police officer if it's a police officer in a case where you have very little context then we're going to automatically assume the worst intentions possible and again that just isn't very honest so the idea that we're going to wait to see whether or not this was justified yeah I mean absolutely of course we should we should do that also when it comes to the body camera footage we have a lot of people who have a misconception about body camera footage they always say that well the cops aren't in control of the body camera footage listen there's a clear difference between police who are on the street and the politicians who run the police department just um here's a rhetorical question who do you think is in control of the body camera footage from a large Police Department like Charlotte you think it's the cops on the street or is it the politicians who run the police department we know the answer to that so the politicians who run the police departments they are the ones who are in control of the body camera video now I'm again we run a body camera channel here we love body cameras we think all police officers should wear body cameras and record every citizen contact while they're having contact with law enforcement while on a call for service now I'm a big advocate of that I said that a thousand times look at the channel that we have here we love interesting body camera video and we think that transparency in law enforcement is unbelievably important that's why we have this channel so the chief says he wants a released the body camera video and and I think this gets this puts a little bit of a window into what police Chiefs face so you might think well he's the chief of police why can't he just release the body camera video because listen if you think a police chief runs every single part of a police department or can do whatever they want that absolutely is not correct now a sheriff can because a sheriff is an elected official who runs who runs an agency it's very possible that a sheriff can but there are record uh record uh custodians who work work with the police department who even if the chief makes the decision and has that ability and the mayor and the city council and everybody gives approval to go ahead and put those body camera videos out there are also different types of state laws where things have to be redacted in those videos maybe it maybe it's a victim maybe dur on the body camera video an officer said give some personal information about a birth date or a social security number or the identity of a victim or a witness those kinds of things have to be redacted um you know under state law or if there's confidential information confidential source undercover officers so again so it's not just like okay release the body camera video you guys get it today that that's not how it works and again police officers not only is it common sense to do some of this stuff but there's also state law that police departments and government agencies have to follow when they release this body camera footage but the fact that the Chiefs said that they're working on it so to me that that's a good thing we want police Chiefs who want to be transparent I don't want a police chief who just like a reflex automatically 100% supports police officers no matter what what they do I also don't want a police chief who no matter what the officers do whether it's good or bad they always they always blame the police officer and say the officer did did the wrong thing but what they but what what what we want is honest police Chiefs who are saying we're going to do a thorough investigation we're going to wait for that investigation to be finished but in the meantime we're going to get you guys the public the body camera footage as soon as possible that's what I want as as a citizen of this country and someone who lives 1500 miles away from North in that's all I want I want accountability and I want the body camera footage and I want I want everybody to just wait until the investigation is done just talk about the case obviously because we're talking about the case but you know wait until we're who we're going to blame and and and especially before there's like a protest or a riot obviously we want to see exactly what happened and you know so so that's what the police chief is doing he's basically saying we're going to do an investigation everybody hey let's wait until this investigation is finished I'm going to get you guys the body camera footage I'm going to get you guys the body body camera footage um as soon as possible on the other hand Ben Crump is encouraging people to jump to conclusions and automatically just assign the worst possible intentions to police officers and that's the difference right there that's the difference between a leader and a grifter uh I mean Ben Crump you know he put out this short video um without context and a cryptic message demanding Justice um I mean that's that's just an important part of Ben crump's scripted grift and it goes something like this lie Riot extort in that order um police chief Jennings he appears to be prepared with this early press conference and with his honest public statements hopefully Ben Crump has met his match now we have someone who said bootlicker in the comments everybody knows my feelings about people who say bootlickers if you're an adult and if you say boot licker during a discussion that means that you've applied for at least 15 police departments and been rejected from those police departments so uh so rights Camera Action I I'm just a question so were you too fat or too dumb to be a cop please put it in the comments and we'll see what everybody else thinks too fat or too dumb um let's see if anybody else has any comments on this on this case uh let's see officer blue gun uh let's see account Sergeant George says accountability goes both ways that's absolutely correct and uh Shakil oatmeal hey great to see you right Camera Action not trying to kick you out just again like we don't kick out people um like to have honest discussions and if you don't want to have honest discussions that's fine I'll just ignore you but again like if you think kind of like what I said at the beginning maybe you missed it right the camera action if you disagree with what I'm saying that's fine reasonable educated people can absolutely agree we love the First Amendment and we try to practice that here so you know know again if you have if you have something different to say if you have a different opinion that's why we have comments that's why I respond to those comments bring the debate we love the debate I love the discussion listen again I have a master's degree in criminal justice I have a law degree as a cop for almost almost two decades I I I went through all I I do this Social Media stuff and I do this channel because I like to have the discussion I like to have the debate I I think it's interesting that's why I'm that's why I'm trying to do it uh let's see Ziggy says two people had objects in their hands one crossed the okay uh yeah so again rights Camera Action yeah if you have a comment put it in there again if you're going to just say ridiculous things that show that you are incapable of complex thought about these issues um you're just not an interesting person to me to be to be completely honest all right so that's that case and listen this is one that we're going to be following because we are going to get that body camera footage out and as soon as that body camera footage does come out we're going to go ahead and we're going to look at it we're going to analyze it and then we're going to go ahead and see what to say uh Steve Steve lader says police lie and extort people every day but somehow that's okay again Steve like I say every week give me an example um G give me an example and um if uh police are um extorting people and and lying and committing crimes I'll go ahead and um condemn that with you and you know that I will all right so the next case that I want to talk about is this Secret Service case and this is a really strange case um and you know what I like to do is I kind of come up with different standards because you know I in in my opinion maybe maybe you think I'm crazy for this I think that the standards for police officers should be pretty similar almost wherever you are because again like I said before police officers are pretty good at following rules now cjun Randy and Steve lanard you may not always like the rules and I may agree with you that the people who write the L the man the the the people who make the rules and who write the laws maybe those are aren't great um but police officers are pretty good at following the rules you give them a set of policies you give them training most of the time they're going to follow that so so um yeah autistic she says Secret Service case yeah this one this one is this one is pretty interesting so um so this was a secret service agent was on a protection detail for Naomi Biden so um well I'm going to get to it all autistic shell um so on Naomi Biden so Naomi Biden is Hunter Biden's 29-year-old daughter um and the the secret service agent who was you know in charge of protecting this is also obviously you know Joe Biden's granddaughter so this is Joe Biden's granddaughter so um this happened in the Georgetown area in Washington DC and that secret service agent was involved in an officer involved shooting so here's what happened so the agent while he was on this detail protecting Naomi Biden um the government vehicle so the Secret Service car was parked outside of her apartment or or her house there in the Georgetown area the agent reported that he observed three different individuals trying to break into a government vehicle the agent then fired a single shot at the offenders um the offenders fled the scene no one was struck by by any gunfire now to me this seems like this should be a pretty big case pretty big story pretty big case we have people in the comments who already saying that they hadn't heard of this yet I mean to me this should be a national story you have someone a law enforcement agent who is guarding and doing a protection detail for the president's granddaughter Fires at three people who were essentially committing a property crime now typically police officers and you know maybe even some of the people who I don't agree with um in this in in this in this chat maybe you'll agree with me on this that typically police officers can only utilize deadly force to protect life from an imminent deadly threat so so they can protect themselves or other people if there is something lifethreatening happening now three breaking into cars it's frustrating but it's not life-threatening so I I and let me be clear though I I I don't want anyone to think that I'm I'm going off track here let me be clear I have zero sympathy for thieves okay zero sympathy for thieves um but the frustration is is what happens if this were a city cop just like a regular city cop anywhere else um those police officers would un undoubtedly be fired and prosecuted black lives matter would be protesting and rioting and the predictable Cadre of race hustling lawyers would be descending and swarming on whatever City that happened to be but since it was a federal agent that was protecting a member of the political Elite this case is soon going to be forgotten and a lot of you didn't even know this happened um so I basically dubbed this the secret service standard where where essentially police officers are allowed to shoot criminals because they might break into a car that has weapons in it and you know I'm going to I'm going to say that I'm going to say that um so a Secret Service agents don't have body cameras um so freedom of of information requests are are are going to go pretty much years before any of them uh before you get anything um yeah sha kill you haven't heard this um yes so the Secret Service agents don't don't have uh body cameras um you know so I'm going to I'm going to I'm going to try to steal man this case from the other side right so so you know i' I've talked about this this case a bunch this week I did I did several videos on it and you know what the other side says I'm going steal man myself a little bit try to keep myself honest so definitely if you have any comments about this please go ahead and put this in there you know what the other side of this is the other side is people saying this is a totally legitimate lawful shooting I'm I'm crazy for even questioning it here's what they say they they said hey Dan that's a government vehicle a secret service vehicle they were all all kinds of weapons in that car so the idea that the secret service agent did wanted to prevent the thieves from getting access to those guns weapons rifles shotguns tasers who knows what yeah it's reasonable for the secret service agent to want to do that um okay so again I'm I'm I'm not I'm good with it I'm good with it if if that's the new standard for police officers that police officers can utilize deadly force when someone is breaking into a car and they might get possession of a weapon I'm good with it I'm just asking apply that standard broadly to all police officers because think about this and here's the frustrating part we have cases literally cases now where people are pointing guns at police officers and while they are pointing guns at police officers police officers utilize deadly force and in those cases in some of those cases black lives matter and protesters an anti- police activists are rioting and protesting and burning down cities so again air lock Steven Perkins these are cases that we've covered multiple different times cases where police officers use deadly force as a gun was pointed at them and people have problems with those cases people want those police officers charged so if you're going to do that to city cops but on the federal side on the federal side because someone because an agent was protecting a member of the political Elite Joe Biden's granddaughter that that's going to be okay I'm not good with that I'm not good with the double standard but let me be clear about one thing the secret service agent he's not the bad guy in all this okay the bad guy are the thieves the bad guy are the thieves I have no sympathy for thieves I hope nobody does nobody else does either the thieves are the bad guys the secret service agent isn't the bad guy it's all I'm asking for is a little bit of exactly what all listen all I'm asking for is that standard be applied broadly to all police officers not just that secret service agent let me see what you guys have to say about this um yeah so it seems like a lot of people hadn't heard about this case Da Vinci says it's a double standard I think it's a double standard um you know if you think about this it's like the Department of Justice goes around the country and you know does cons puts in and monitors consent decrees but then other federal agents they don't even have they don't even have um they don't even have um they don't even have um body cameras and officer Blu gun says Daniel you going to contrast this case with the citizen of New York who fired a couple of shots in a Subway being robbed he got arrested gu officer blue gun I actually covered this um uh earli this week and um I was going to get there um but you just reminded me officer blue gun yeah so let's let's contrast the thank so so thank you officer blue gun um so let's go ahead and contrast this case um to the case in New York City you know we actually covered the case in New York City last week but it was before this happened so let's just go back so there was a case in New York City where an individual named John wrote he was a passenger on on a subway he observes a woman who is being mugged essentially robbed um by a 49-year-old homeless guy um Mr Root take goes in his backpack pulls out a gun fires a warning shot purposely doesn't try to hit the guy fires a war a couple warning shots the offender fleases the the the he's caught by police um the victim is safe and then he is arrested so yeah let's officer blue gun think that that's let's contrast those two cases okay so here we have a case where um uh someone is John wrote fires a warning shot to stop a violent crime in progress and he is immediately arrested Ed then we have a secret service agent protecting Joe Biden's granddaughter who uses deadly force you know maybe it was a warning shot I don't know but either way uses deadly force to stop a property crime and that's supposedly okay again that makes that makes absolutely no sense now I get it it's a different jurisdiction U Mr RH is not a law enforcement officer I get it but again the standard for a law enforcement officer is not to fire warning shots or utilize deadly for for to stop a property crime that that isn't the case at all right so yeah so that um so that distinction is is pretty is pretty strange and I get it's a different jurisdiction we in Washington DC as opposed to you know um New York City where they love to prosecute uh Vigilantes um or people who are you know basically trying to make this the city safer and people like you know Jordan Neely and other people who are um you know just out there menacing the city are seen as Heroes it's it's absolutely crazy but yeah that's a that is U that is a a distinction that we absolutely should talk about um uh yeah it's uh you know so a good guy with a gun or or self a good guy with a gun or people who possess reasonable self-defense skills those are seen as the criminals in some of these places which is absolutely insane um officer Blu gun says the center for law enforcement and citizens um uh uh utilizing deadly force should not be different Chang my mind no I agree with you officer blue gun I I agree 100% And I think that pretty much is the law I mean if you're I mean typically you know people can't use deadly force um to stop someone maybe in different maybe maybe the law is different maybe there's some law in Texas or that I don't know about but yeah I mean typically you can't use deadly force to stop a property crime again there could be a state out there that I'm not aware of the laws but um certainly in the two states that I've lived in one here in the southwest and then in Illinois you can't use deadly force to stop a property crime police officers cannot do that either um let's see uh any other comments on this case Sergeant George says even as a secret service agent um an officer involves shooting uh you don't have to worry about uh the fear of death use deadly force um yeah and uh you only have to worry about uh the the fear of great bam yeah great bam so I say deadly force it's basically if you think someone's life is in danger or or great bodily harm so if you can articulate that someone is about to suffer either death or great bodily harm that's essentially what that standard is thank you Sergeant George um yeah officer blue gun says it's different in New York absolutely um all right uh rights Camera Action says oh my God a knife bang bang bang that's a comment from someone who's never been in a fight um and never been threatened with a knife which is a good thing because um I don't think it would farare too well for them so it's good that uh people like Daniel peny and John rot are out there to protect people like that um so the the next so the legal update I'm going to do is on the George Floyd case um is on the George Floyd case and um yeah this is this is uh with Derek shauvin so Derek shovin has filed another appeal and listen I'm going to break this down pretty simply okay so Derek chovin there are going to be a lot of different appeals um and every time this legal update I'm not going to talk about it but there was just a new one this past week and I just want to at least kind of put it in into perspective exactly what's going on with this case just so you kind of have it in your mind so think about it this way so Derek shovin was basically uh Derek shovin was basically um prosecuted um in two different ways what do you mean by that he was prosecuted on State charart charges and also prosecuted on federal civil rights violations essentially the same stuff but he was prosecuted by the state and by the Fed so Derek shovin went to trial on the state case for the second degree murder third degree murder um and those charges and he was found guilty okay he was found guilty and he was sentenced to you know approximately 21 years in prison so after he was found guilty in the state case he's doing 21 years in prison then they did the federal civil rights violations charges against him so what Dereck chovin decided to do and from a legal standpoint you know it's not unreasonable he basically pled guilty to the federal civil rights violations now you think well if he thinks he's innocent or not guilty why would he plead guilty well here's why is because doing time in federal prison is better right it's a better standard of living than doing time in state prison so the deal that Derek chovin worked out he basically said hey I'm in prison for the next two decades anyways so if I plead guilty to the federal charges those charges go away right I'm not going to get any more time and I could serve my time in federal prison instead of in state prison again like that's not that's not an unreasonable legal decision to make I'm not talking about his actions we're talking about a legal decision of lawyers sitting in rooms thinking about what's the best thing for my client okay that's not an unreasonable legal decision so he pled guilty in federal court so we have the state conviction after a jury trial and then because of that state conviction he was he was found um he um and then because of because of uh uh because of the he was already found guilty he pled guilty to the federal civil rights violation so he's basically appealing both but they're on different ground so one of the appeals I think it actually has some legs it actually may have a chance um the other appeal I think is kind of nonsense and the one that I think is kind of nonsense that's the one that was filed this week so that's what I'm going to talk about I'm going to recap them both real quick but here's the new one that was that he filed this week so basically he's appealing the the federal sentence so this is the sentence that he basically this is the federal charge that he plead guilty to so you might think well hang on how how in the world is he going to appeal something that he pleed guilty to like that doesn't make any sense well here's the ground basically here's what he is saying and his defense team is saying is that there is some doctor out and I don't have the doctor's name you could Google it D there's some doctor um out of I think Kansas or somewhere else that um you know B basically said that um looking at the case fil so wasn't part of the case wasn't present at the autopsy you know didn't didn't do certainly do his own independent autopsy but this doctor looked over the case File in the autopsy report from hennipin County everything like that and that doctor basically has a theory that says you know what George Floyd he died from a tumor and I have this there's this disease this tumor that's what killed George Floyd it was a tumor it wasn't Derek schin it wasn't the knee on the back or anything or anything like that so Derek schin is basically filing an appeal here's what the the basis of his appeal is he's saying hey I didn't know about this information so this information this the fact that I'm not saying it's a fact that that's what this is what Derek Chin's legal team is saying is that the fact that um I believe that there's evidence now that George Floyd died of this tumor had I known that and then had the more importantly had the jury known that I never would have been found guilty and if I wasn't found guilty in state court I wouldn't have pled guilty to these federal charges and that's what his appeal is based on um now I I think it's kind of okay I I don't think it's going to be successful and here's why so there are different cases out there where sometimes new evidence comes to light right like new just like in big Labowski new has come to light so that happens sometimes in cases and people do get their cases dismissed or overturned or new trials right most of the time and here's what most of you are going to be thinking about because you should be thinking about most of the time it's with like DNA evidence or forensics let's say someone was convicted of murder in the 70s or 80s or or criminal sexual assault in the 70s or 80s when there wasn't Advanced DNA and forensic like they are now so 10 20 30 years later now we have this new technology and we're able to prove that someone didn't commit the crime that they were convicted of and so that's typically these appeals when when there's new evidence that you know new has come to light it it's it's new information that's usually what it is now the idea that some doctor somewhere who wasn't part of the case has a new theory about how George Floyd died that just isn't going to be that convincing because guess what there's probably 5 10 50 10,000 different theories on how George Floyd died and every time some doctor I'm not saying anything bad about the doctor he may be a legitimate Doctor Who honestly believes this okay I don't have any idea but what I'm saying is that just because some doctor somewhere has a new opinion on how George Floyd died that isn't the basis for the appeal okay now also they added in other things so also in in Derrick Chin's appeal he said that this doctor because think like well why is the doctor contacting you know three years later well what the doctor basically said is that while this was going on he had this Theory years ago back in you know 2020 2021 whenever this case went to trial that he said the doctor says I had this Theory then and actually contacted the prosecutor and Derek chauvin's defense team in order to try to get this information but I was is ignored so now Derrick chovin is saying that you know ineffective assistance of council all this kind of stuff listen that's that's nonsense um Eric Nelson is a fantastic criminal defense attorney um Derrik schin was lucky to have someone like Eric Nelson representing him I was at a conference a use of force conference back in April um in Scottdale Arizona where Eric Nelson basically g g gave a presentation with did take some questions about representing Derek Chauvin in this case it was really interesting so I guess what I'm going with this is the idea that that that ER Nelson somehow didn't do as good of a job as he possibly could have done under you know basically being the defense attorney for the trial of the century for the most hated man almost the most hated man in the world like that's an incredible task that Eric Nelson had to do he did a fantastic job now with that do you think that Eric Nelson he probably got one to 10,000 emails every single day from normal people from crazy people I think he read every single one when you're trying to represent someone literally in defending someone literally at the center of the trial of the century do you think that you respond to every single email or crazy thing that someone might send you no of course not so just because this doctor emailed Eric Nelson three years ago with this Theory and and Eric Nelson didn't didn't you know use that as part of the defense no of course not that is not going to be grounds for ineffective uh ineffective Council to get to get um a retrial so I guess something thing is that appeal I don't think is going to go anywhere I get his legal team trying always try right um but my legal opinion is that that's not going to be successful now the other appeal the appeal on the state case on the state level where he went to jury trial and found guilty I think that one does have some legs so um Derek chovin has appealed this to the Supreme Court and let me just let me just just talk about that a little bit and I think that there's a real possibility that it could be successful if it's heard here's what I mean by that what they are basically saying is that Derrik schin didn't get a fair trial and I know you're going to send comments well well um um um George Floyd didn't get a fair trial that's fine not that interesting because that's not the standard right the legal standard isn't if you kill someone well because you were unfair to them that you don't get a fair trial and your constitutional rights are waved okay so before you put those comments in um again like we know that isn't what the legal standard is so those are just silly trolling comments right um and people say that kind of stuff all the time so it's it's whether or not Derek schin did something bad or committed a crime is a completely separate issue than whether or not he got a fair trial we all every American gets a fair trial under the Sixth Amendment that is incredibly important whether it's someone who kills a police officer or a police officer who kills George Floyd it doesn't matter we all have the same constitutional rights I hope we can at least get on the same page at least with that theory now whether or not dererk shovin got a fair trial that's that's a different story so here's what Derek schin his legal team is saying he's saying that it wasn't a fair trial and here's the reasons why so it's the main reason is because the case wasn't moved out of hennipin County so again this is literally the trial of the century um there were protests and there were riots a police station was literally burned down in Minneapolis um there was half a billion dollars of damage that riers caused and the fact that this case was held in hennipin county is his defense team is basically saying he couldn't get a fair trial and the reason is because the jurors had something else on their mind other than the facts of the case and that is had they found Derek chovin not guilty that the community would have been destroyed there would have been riots there would have been there would have been riots there would have been um destruction maybe your kid's school maybe your house maybe you had Maxine Waters you know a congress person from California came into Minneapolis and said on the news if you do not find if the jury does not find Derek shovin guilty we are staying in these streets you had President Biden also saying something similar that he wanted Derrik shovin to be convicted did um so again so the idea that there were going to be if they if the juror if the jurors found Derek chovin not guilty their Community their homes their maybe their personal lives could literally be destroyed and burned down um in in interviews with um like the interviews that that in the questioner that they fill out before people are selected as jurors um every single juror who was on the case said that they were worried about more riots um one of the jurors who said that um you know he had no he wasn't no interaction with police nothing negative otherwise again he wouldn't have been on the jury um so he basically lied dur during juring questioning this particular juror we know this because right after right after the jur the the verdict came out he went on multiple different podcasts and he said that um that he was an activist that he had attended black lives matter protest and he lied about that on the on the jury question here that he wanted to be on the jury that he tried to get on the jury um he said that he actually did have negative interaction with police officers and one of those he complained about a police officer pointing a gun in his face again had had these things been disclosed had he been honest like he was supposed to be he never would have been selected as a juror um also the jurors weren't sequestered meaning typically what that means that the jurors are basically held at a hotel they're not able to look at social media or the news so so they're not getting any outside influence a lot of times that does happen in very controversial cases well again this was if if if that's going to happen in controversial cases this is literally the most controversial case so those are the grounds for appeal like do I think some of those are legitimate yeah I do now now again now saying he didn't get a fair trial is different than if he's if he's guilty or not um you know if he does get a new trial and this trial is held somewhere else could he still be convicted based on the facts yeah I mean maybe probably I don't I don't know my guess he'd be convicted of something right um but so I I think that one does have a chance so I I mean so so you're saying there's a chance well yeah kind of but the issue with that so the issue with that is that he appealed this case to the Supreme Court um well the Supreme Court um again they get about 7,000 cases a year where people filing appeals saying hey Supreme Court look at my case about 7,000 a year and they choose to hear about a 100 so Derek Chin's case is one case out of 7,000 they're going to hear about a hundred a year so the chances that Derek chauvin's case actually gets in front of the Supreme Court it's slim now if it does go to the Supreme Court I'm not saying he's definitely gonna win but I'm I'm saying I'm saying that there's a chance there's a chance because again I I think no matter what Derrick Chauvin did everybody deserves a fair trial cjun Randy says isn't that the same appeal that's been turned down twice already um yeah cjun Randy uh once before yeah so um uh cjun Randy really good question yeah so he took he tried to appeal so it's you you're you're convicted in State Court then your next um remedy is the court of appeals um the court of appeals rejected this appeal now he went to the Supreme Court and you know and the Minnesota Supreme Court um declined to hear the case that's why they appealed to the uh Federal um to the federal uh Supreme Court um yeah so that's that's where that case is going we'll see we'll keep everybody we'll keep everybody up to dat um but again there was that new appeal that was filed this week just want to let you know what that was that it was with the federal case and honestly I don't think it has a chance um okay so the last case I'm going to talk about um uh before we go is this case in Hillsboro County Florida um so again like I like I said I was on the failure to stop podcast last night and we we kind of did a deep dive into this case one of the individuals I was on the show with his name is Drew Breezy um he is a retired lieutenant from the Hillsboro County Sheriff's Department he retired approximately two years ago or so so he knows the sheriff real well he knows the he knows some of the officers who were involved in this case so we kind of did a deep dive on that and and here's what I want to say on this this is the case where the officers were um uh at someone's house because their mom called for a mental health evaluation essentially the 28-year-old son was in the middle of a mental health crisis um Mom called because they wanted to get him some help so police officers get there on scene in Hillsboro County Florida um they contact the individual he's in the driver's seat of the car they contact him with the intent to basically get him out of the car and to get him some help take him to the hospital he wasn't under arrest he hadn't committed a crime um this individual this 28-year-old he did not cooperate he drove away from the scene police officers did not chase him that was the correct move again they're trying to get him help he was not under arrest um so the police officers not getting involved in a vehicle chase that was absolutely the 100% correct move for the police officers they go back and they talk to the mom as they're talking to the mom um they give her some resources and they say Hey you know um here are here are some here are some uh here are some cases here are some here's some some information you know here's the here's information for the crisis and intervention team which the momm already had contact in they were wrapping up the call one of them actually went on the radio over the air and um said they were going to be in route to a different call all three police officers um were near the backs of their of of one of the vehicles as at that point they heard screeching tires and around the block before they knew it um this 28-year-old guy this violent Maniac he he smashed into the police officers he rammed his car um uh a deadly assault into the police officers right into them um two of the police officers were hit it is unbelievable that any of the officers survived um as after the officers were hit the both two of the officers were on the ground they suffered serious injuries um miss the individual gets out of the car and he gets out and he starts walking away from police officers and it's at that point police officers do use Force to get him into custody they use a Taser they don't utilize deadly force and I just want to highlight right there that the restraint and the professionalism that was shown by police officers think about that here you have a guy who literally just tried to kill you and now you're not going to use deadly force you're going to use a Taser which is an incredibly low level of force the amount of professionalism and restraint that was displayed by the members of the Hillsboro County Sheriff's Department was almost an unheard of level for most humans most people would not be able to regulate their emotions and the adrenaline when someone literally just tries to kill you um so they should be commended commended for that um and not not only you know were they trying do the right thing on the call um but how they acted right after the call matters and you know and I just want to I'm just highlighting that because again this was a case where you know I think it really shows it really shows that when you have good policies intact when you have not only good policies but that is ingrained in police officers and backed up by good extensive and intense training continual training that when a police officer is in a moment like this where adrenaline dumps and it's a serious and something serious happens and someone tries to kill you you are able to just act and instinctively do the right thing and only use the appropriate reasonable level of force in order to take someone into custody that's what happened here um so uh one of the officers I reported last week that he was going to have to have uh the Corporal um the initial reports is that he was going to have to have his leg amputated um it doesn't look like it at least from what I I learned from Drew Breezy last night it doesn't look like he's going to have to have his leg amputation um the officers so um the officers um did start did have tourniquets on them the tourniquet not only saved the officer's leg but probably saved uh the the the the the corporal's life um because without that tourni kit um he probably would have bled out um we started to get turn kits in the police department that I was with probably about 10 years ago or so um Drew Breezy says that the Hillsboro County Sheriff's Office started carrying these maybe five years ago or so and that's a good thing for police officers to carry this is the situation why why police officers need to know how to use them quickly um the police department that I was with um we had an officer's life saved uh by uh by a a tourniquet as well within the last couple years um so a couple more comments then we are going to be out of here let's see Sergeant George says it would be crazy to be a social worker um uh to be people like that um yeah thank you Sergeant George so I'm gonna I'm going to address that issue we actually talked about that on the on the show last night because there are people who say that hey when someone's in a mental health crisis that police officers you know that's not the people who should be going it should be social workers and listen I don't I don't disagree but the idea that you're going to send a team of social workers with crazy blue hair to deal with this guy um it that isn't that isn't the reasonable thing um some police departments do have these mobile crisis teams and I honestly I think that they're a good idea Hillsboro County Sheriff's Office they actually have one of these teams officers who are assigned to this and I'm explain what is here in a second but they were actually busy so they tried to get them to go to this call but they weren't able to so here's what these teams typically look like and again I think it's a good idea I think it's what reasonable Progressive and and good police departments you know how are kind of at The Cutting Edge this is what they're doing so they essentially have teams it's a team of one or two police officers um who have extra training in Crisis Intervention teamed are usually in the same car the same truck with a mental health clinician so at least like someone would like at least a master's degree uh when it comes to being a mental health clinician and they work together now the thing is is that even under the this is this is the best the police leaders mental health professionals these teams I mean is from what I can tell this is the best idea that anybody can come up with but even in a situation like this these individuals this this Mental Health crisis team they would not have been the first ones on scene what would have happened is just like it was here in this Cas is police officers would have been dispatched once the situation was safe so once this individual was out of the car on the curb made sure that he didn't have any weapons or inside of his house inside the kitchen you know um or in the backseat of a police car sometimes but once the situation is safe right that's the most important thing once the situation has been deemed safe then you call in this Mental Health crisis team that has the officer who has extra training in Crisis Intervention along with the mental health clinici that's where they come in so again this situation with this 28-year old individual was never safe it was never safe it was never under control um so so the so the idea that just sending out these teams like I said the best idea which I think is a good idea it really wouldn't have mattered here because the situation was never safe um all right uh so that's about um all we're going to have for today I want to thank everybody for being um in the show today and please if you haven't already please go ahead and subscribe to the channel and um uh definitely share it with your friends and family so we can get as many people in here as possible I I want to say thank you to the uh um uh Steve Ladner said one more question from Steve have you seen the video of police snapping a man's leg off in zabata Texas no Steve but I will look at that for the next time I absolutely haven't one more from C and Randy uh Randy RMA says uh Randy RMA was convicted of criminal negligent homicide in Elijah mlan Cas yeah so I I guess I said that um uh not all the police officers were convicted or or something to that effect um yeah listen C and Randy if I was wrong about that then I'm wrong about that then you know what that's okay because I have a full-time job I have kids I have all kinds of stuff going on and so sometimes if I talk about things I might get something wrong and if I do if I say something that's factually WR I'll admit it yeah so let me look back into the to the to the to that case um I think in the Elijah mlan case an officer had just been found not guilty in a case and I was reporting on that but also I think that I also said that you know no other officer had been convicted in that case so if I'm wrong on that uh to totally totally admit that I'm that I'm I'm wrong wrong on that kjun Randy so yeah so thanks for letting me know I'll go ahead and look into that to see what the statuses of all the officers because it would be impossible to know every single fact about every single case so if I get something wrong I'm absolutely happy to admit it and please put it in the comments if uh if I do say something incorrect and I will go ahead and and fix myself on the record um I just want to say thank you for everyone for being in you know one of the things that I think is enjoyable and I hope that you find enjoyable is when people make comments that are serious honest questions or comments and they disagree with me I like going back and forth that's why I do this otherwise we would just turn off the comments or I wouldn't even listen to the comments so um I like the back and forth I think that is interesting one of my favorite Parts about law school was going back and forth with people that I didn't agree with on a lot of these cases and issues I think that's interesting again I can't say enough I enjoy that that's why I do that I I think that we did get a lot of uh comments and questions um and I want to thank everyone for being in here today um as we've done before you know definitely if you watch this video later or you think of a case that you want me to cover that we didn't get to this week definitely put it in the comments that is something that I check throughout the week and um uh that's something that I check throughout the week so definitely put it in the comments and we'll try to get to it um next week is thanks Thanksgiving so I will not be doing the show next week I will be in uh in that little town and you guys know I always talk about that little town in South Dakota that my wife is from where I always get pulled over in at 2 o'clock in the morning when we're driving back from the gym so we are headed there for Thanksgiving so um I'll let you know um here in a couple weeks if I do in fact get pulled over again and uh so I want everyone to have a happy holiday have a great Thanksgiving um I have I hope um uh I hope everyone has a great and safe uh Thanksgiving and um uh you know what here's the thing if if I do get pulled over um I'll definitely try to get the body camera I'll definitely try to get the body camera video of the of of the of the the the the ticket or the verbal warning that I get um all right so everyone have a great Thanksgiving please subscribe to the channel if you haven't already and we will see everyone in two weeks
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