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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 live show where we are going to break down and talk about some of the most interesting cases in policing that have happened in the last week and we have a couple of strange ones and a couple of controversial ones that we're going to go ahead and talk about first of all though if you haven't subscribed to the channel please go ahead and do that over at Copwatch TV please go ahead and subscribe to the channel share it with friends and family and one of the reasons we want you to do that is not just so you can watch the incredible body camera video that we get from around the country and and we post but also so you can be part of these live shows which we typically do on Fridays right around lunchtime noon mountain time is when we do these live shows as many people as possible as we can get into these shows and to watch the chat that is what we what we uh prefer because we think it's really interesting to talk about some of these cases and then really like to see exactly what people think about these cases maybe have a different opinion than I do so that's one of the things that as I'm going through these cases definitely put in the chat if you disagree with what I'm saying or if you agree with what I'm talking about let me know that way we can go back and forth and um debating about these issue is one of the most important things just want to welcome everybody in looks like we've got Ryan in we've got C and Randy good to see you Canton Hall of Shame uh from Ohio they are in as well and autistic shill is from Winnipeg Canada so uh want to welcome everybody in as well you can go ahead and follow uh you can go ahead and uh follow me over at police law news pretty much everywhere uh but most importantly please make sure that you go ahead and uh follow uh subscribe to the Copwatch TV channel all right so the first case that we're going to talk about and this one is really strange you know this is one of those cases that I saw the video is either on uh Twitter or or Tik Tok and I saw the video of this case and it was it was so strange the behavior by the police officer was so so bizarre that I honestly I didn't think that it was real I thought that it was some kind of reenactment or some kind of a funny training video or maybe like an old like a mic the mic the the the cop video or something like that I I didn't think it was real I actually contacted a couple of different um creators u in this space that I know just to see hey is this video real or is it not tragically this is real and if you follow this stuff at all you know which case I'm going to talk about so I'm really curious to see what your thoughts are on CU I have some pretty strong opinions so this is a case and a video that went viral from reform Alabama and listen so one of the reasons why I immediately thought okay this has to be fake is because it's from reform Alabama I mean it sounds like it's one of those like fake police departments like River City cops you know like a it's almost like a fake police account like that's what this seemed like and I was going to laugh at the video because it's so ridiculous but no reform Alabama it's an actual place and this is something that actually happened so um essentially this was a video looks like was taken from a cell phone camera video that depicted part of an interaction between reform Alabama police officer Dana Elmore and an individual who she had under arrest a 24-year-old named Micah Washington so people are upset about this case and you know they they probably should be because this one isn't good so let let me break down what the cell phone videos show so essentially it shows part of the interaction meaning when the cell phone video starts Mr Washington he's already in handcuffs his hands are by behind his back and the very beginning of the video you can see that there's an officer who's later identified as Dana Elmore who's essentially escorting Mr Washington to the vehicle at one part in the at one part in the video only like a split second you can see a second officer is actually present however then they aren't in the camera shot anymore so one of the the defenses for this officer which I I was combating pretty much all week talking about this on on on on Tik Tok and uh Twitter is that people are saying well she was she was alone with this guy and like that objectively isn't true there's at least one other officer there on scene the very beginning of the video you can go ahead and see that so the video starts where she's essentially escorting Mr Washington who is in handcuffs behind his back to the to her to her vehicle as she gets to the vehicle she goes and she performs a search basically she has him lean over the hood of a car and she starts to search him at that point now the first thing that is strange motorcycle cop Chronicles podcast awesome want to welcome you in um I follow you on a bunch of bunch of different channels you have a you have a great show I want to welcome you guys in so one of the most one of the strangest things about this that one of the reasons why any reasonable person might think that again this is something like a river city cops or or an old Mike the cop video is because as she's doing the search while he's been leaned over and bent over um the front of the hood is that she's doing this search with her taser in her hand okay anyone who knows anything about policing or is even just a casual Watcher of body camera video knows that police officers do not conduct searches while they're holding the taser in one hand so not only is she holding the taser she literally has the taser pressed up against Mr Washington's back again all this is strange now I'm not going to defend that in almost any situation if Mr Washington were being combative or he was resisting arrest or anything like that I would have a lot I would maybe not necessarily a different opinion but I would at least say okay you know there's a reason why she has the taser out he wasn't from what we can see on the cell phone video at least from where it starts Mr Washington is not resisting arrest in any way shape or form so so she starts to search him when he has when she she has a taser in her hand and she again the taser is right up against his back while she's searching him Mr Washington says that he has a gun so she goes in and she grabs a gun from the pocket and she kind of tosses it on the hood of the car and then after she tosses it on the hood of the car she goes oh yeah and at that point Mr Washington asked he said why are you saying oh yeah then she says shut the up so it was after let me I missed a part I missed the most important part so so he she says oh yeah he says why did you say oh yeah at that point she deploys the taser in a drive stun mode so basically what Drive stun mode is she didn't step back and pull the trigger and like and and deploy the the the the probes at Mr Washington she she basically just pressed it up against him and she pulled and she pulled the trigger in that manner so it was basically a contact tasing but it lasted somewhere between four to 5 seconds and again the really wasn't any objective reason or lawful objective for the officer to do that he wasn't resisting arrest he wasn't trying to pull away even in situations where people do try to pull away officers tasing individuals under those situations a lot of time that isn't Justified I mean think about it we just covered a case of Officer Kias in uh Connecticut a couple weeks ago and in that case the individual wasn't in handcuffs he was fighting with the officer and was actively resisting arrest and the officer warned him that he was going to be Tak tased and the officer went ahead and tased him after that in the same type of contact tasing in that case again individuals not in custody actively resisting arrest and trying not to be handcuffed and in that case out of Connecticut officer kiost he's being prosecuted so again when it comes to tasing um this situation the individual was was in handcuffs and definitely not actively resisting arrest at least from what we can see from the cell phone video so she goes ahead and she does a and she does a contact tape he's basically yelling and screaming in pain I mean anyone who's been tased before it's not a comfortable thing right so he's basically screaming and in pain and afterwards you know she says shut the up do you want it again again it's just so strange and it's so it's it's a bizarre thing for a for a police officer to do and again Mr Washington from a week could see he didn't resist arrest he didn't pull away um he was leaning over the side of the car seemingly like she asked him to do um so this use of the taser not only is it is it in appropriate but this has to be against any Department sop for use of force that I've ever seen and it's probably against the law this again this is this is probably a situation where she's going to be prosecuted for this again we're going to go back to that officer kiw case because it's a similar situation only again in that case officer kios is tasing someone who was not handcuffed yet who is actively resisting arrest that that case 100% lawful and reasonable use of a taser this is not I think it's important to call out police officers when they have bad behavior when they do something that is objectively against Department policy or against the law that's the only way that we can be credible when talking about cases like officer Sher and officer kios and officer Lansford and Las cruus New Mexico who have legitimate and objectively reasonable uses of force and they're prosecuted anyways um it it gives us credibility when we can be honest about these cases this is not objectively reasonable what I'm curious about is there anyone in the comments who thinks that I'm wrong who does think that there is based on the evidence we have and again all we have is this cell phone video based on what we can see does anybody think that this use of a taser is objectively reasonable or within Department policy I'm really curious to see what anyone says because I don't see any any way that this case is an objectively reasonable use of a use of a taser by by the police officer so the individual Mr Washington he was arrested and he was booked on a ton of charges from from uh resisting arrest to drug traff trafficking to felon in possession of a firearm now I have heard some rumors online however I haven't seen however I haven't seen any I haven't seen any objective evidence and I tried to look this morning to see um um exactly what I did hear and like I said it's kind of come in third hand haven't seen anything from the da but again please go ahead and correct me if if anyone thinks that I'm thinks that I'm wrong on this that um the charges against Mr Washington have been dismissed and at least what I've heard rumor wise is that the drug trafficking charges you know essentially the most serious ones that those that those charges are are fabricated I'm actually had a couple people reach out to me um over on Tik Tok who identified themselves as friends of Mr Washington who pretty much said yeah he shouldn't have had a gun but this drug trafficking like it's it's it's it's all fabricated so again if the if the charges are fabricated that's going to be a whole host of other problems um with this case and with this officer as well um I think it's important to call fall out bad policing when we see it right in front of our faces this is an example of it um again I'm not saying that the charges are fabricated or that he shouldn't have been charged um but I think it's really important um uh re really important to see uh if that is not Kelton Tucker says fabricated yeah right cops never lie I think uh I think Kelton Tucker is uh uh is uh being being sarcastic there um as I've said before not just because we have the the best body camera Channel out there here on copat TV but obviously I want all police officers to wear body cameras not only do I want them to wear body cameras I want them to record all citizen contacts that have something to do with a law enforcement contact if a police officer gets out of a car and walks into a gas station and and gets a cup of coffee no police officers shouldn't have their body camera recording then but of course in a situation there any kind of arrest police officers should have their body camera running because now again there's allegations that these charges are fabricated that that the that the drugs had been planted well again you know police officer having their body camera running really easy to confirm or deny that and if a police officer has their body camera running there is a lot of incentive for the police officer to not record themselves committing a felony so we don't know if the police officer was running their body camera footage however if they were running their body camera footage we should know exactly what happened boom news want to welcome you into this to to to to the chat as well um all right so we're going to keep an eye on this case and and we're probably going to come back to it because whether or not that there was body camera footage whether or not I know the officer has been placed on administrative leave however we don't know um uh you know if she's going to be charged with any kind of a crime but it does it does kind of look like um that that that could be the case um cjun Randy's asking U the the motorcycle motor cop Chronicles podcast bad tactics yeah so cjun Randy what what I think a motor is saying about bad tactics is not the whole thing or the tasing wouldn't be considered bad tactics but doing a search with a taser in your hand just that is bad tactics that doesn't make any sense so again I don't think that the mo motor cop was explaining anything else but he made that comment or they made that comment right after I said she was conducting a search with the taser in hand yeah that is bad tactics that's the first thing I said that is absolutely correct how about criminal Behavior yeah cjun Randy I said I think this probably is Criminal Behavior by the police officer I do expect her to be charged and and unless there's something that we're completely missing if what I'm saying is true if what is depicted on the cell phone video if that's all the evidence we have yeah it does seem like that there was criminal behavior from the police officer and as I've said many times on the show if a police officer commits a crime uh they should be prosecuted okay so we're going to keep an eye on this one now the next case that I want to talk about it's a case that we've already covered however it's been in the news so I'm just going to do a little bit of a recap um of this case and and and basically this is this is about the Leonard cure case so this is the Leonard cure case that happened happened in uh Canton Camden County Georgia um a couple months ago Ben Crump um is representing the family in the estate of Mr cure um and he did a press conference this week so this case was again in the news um Ben Crump basically put Camden County on notice that there is going to be a 16 million doll lawsuit filed just kind of want want to recap this and talk about talk about this lawsuit really quick so if you all remember um we again we we did we did cover this case um it's important to say that Ben Crump you know he's basically a police Chaser not necessarily an ambulance Chaser and what what this case is about is Leonard Kure you know he basically starts as almost a sympathetic figure or how about definitely a sympathetic figure so Leonard cure did 16 years in prison for a crime and he was just exonerated so he was exonerated about three years ago um after doing 16 years in prison for a crime that the government has now said that he didn't commit he's out free he got a settlement from that I think it was over $800,000 to me if you do 16 years in prison $800,000 that doesn't sound like enough but anyways that's what he settled for um with the with with the state after being incarcerated for 16 years now Leonard now he's he's doing he's doing his own thing he's back in school he's he does speaking engagements well he was stopped by by a police officer for doing over 100 miles an hour I'm in a lot of States that's considered reckless driving when you drive 30 miles or so above the speed limit so Mr Kure he was stopped he didn't stop right away finally he pulled over he made contact with a police officer I did have some criticism of the of the tax itics of of the police officer but again bad tactics of a police officer doesn't equate isn't a crime to have bad tactics but I did have some qu and I got some push back on whether or not his tactics were were actually bad when it comes to um that uh that uh traffic stop but um you know I I I don't I he wanted to the officer you know basically was very reasonable when he contacted Mr cure here's what I mean by that is because he first gave Mr cure directions and commands to cooperate to put his hands behind his back Mr cure refused then the officer he essentially his escalation of force was extremely reasonable um the off the the the deputy with with camon County he first went Hands-On he used empty-hand tactics um when that didn't work he pulled out a taser and he let Mr Kure know that he was being arrested he gave him the reason why he was being arrested Mr cure resisted arrest um during during the application of the taser which again was after the verbal verbal command failed um empty-hand tactics failed so the officer went to a taser which was reasonable the taser did not have the desired effect and as he was being tased Mr cure actually attacked the police officer as he was attacking the police officer and the two off the two men were basically doing a standup wrestling match Mr cure was able to get the upper hand he wrapped both of his hands around the neck of the officer around the throat of the officer and was trying to choke the officer and he did one of the most creepiest things I've ever seen on body camera video as he had his hands wrapped around the officer's throat and was pushing the officer down basically trying to choke the light of the officer he was saying in this creepy Whispering tone yeah yeah I mean just a creepy guy right there um at that point while the officer is being choked the officer could have and should have utilized deadly force immediately as soon as someone's hands are wrapped around your throat that's deadly force absolutely that is deadly force but the officer didn't do that the officer while he's being choked he pulls out a baton and he starts to try to hit Mr cure with the Baton as he's being choked again to me that was not good tactics because he didn't use enough Force there well quickly the officer realized that that was not going to be effective and it was at that point that he did pull out his handgun and that he did shoot Mr cure as Mr cure was trying to choke him and not trying to actually choking him with his hands around um the officer's throat so that so again I I Not only was this on body camera video but it was on dash camera video because the officer it's not like this isn't a well I thought that he had a gun or or you know he could have pulled the gun or he could have pointed at me this isn't of what could have happened this is the case of what was happening the officer was being choked um the life out was being choked out of him at the time he utilized deadly force one of the most justified officer involved shootings ever caught on video that's not good enough for Ben Crump because he filed a $16 million lawsuit um against the the the deputy and of Camden County um the thing with Ben Crump and motorcycle Chronicles um was talking about this a second ago is that he essentially has no in incentive to be honest he has no incentive No need no intent to be honest um he basically relies that no one is going to call him out on his because Ben Crump knows that as soon as someone calls him out on his they're going to be accused of racism and and that that's exactly what's going to happen that's why no one calls out the veracity of anything he says here's this here's what I mean by that for example during this press conference now Ben Crump he basically said he he filed the $16 million lawsuit and the reason he said he said $16 million is significant and here's why it represents one year for every year that Leonard cure was was incarcerated hang on Leonard Kure being incarcerated before by different government actors and again he already settled that case for $800,000 he's been free for three years that has nothing to do with him trying to kill a police officer and then losing his life in the process it has absolutely nothing to do with it but Ben Crum he talked a lot about those 16 years which is why they're suing for $16 million now he also talked about the officer's record he talks about um Internal Affairs investigations against the officer from a decade ago so hang on so let's so let's let's so so we're looking at this case so here's what Ben Crump is saying is relevant in this lawsuit what the officer did to violate policy not law but violate administrative policy a decade ago that's relevant 16 years that Leonard cure did in prison that this officer had nothing to do with that's relevant but the off but but Leonard cure trying to kill the officer by wrapping his hands around the officer's throat that's not relevant because that wasn't mentioned once and guess what nobody asks any questions there are no questions there are no follow-up questions when this is covered in the news they talk about Leonard cure being an exonerated man who was killed by a police officer never once do they say hey Hey listen you know what um Leonard cure he was actually trying to kill the police officer when the officer um utilized deadly force um so that's why it's just so absolutely um insane it is it is dishonest um and I just want to say it's not racist to call out Liars that is that is not it's not racist and you shouldn't let other people um like Ben Crump tell you that you are um all right so let's see autistic shill has a comment but he got out angrily screaming at cure to get out of the car I don't know if the cop knew Cure's passed but he shouldn't have yelled um yeah so autistic Shield that's a really good point and um I so I did I did have that criticism of the police officer and I got a lot of push back from other cops on that but but autistic shill I I think you're right so so basically so so essentially what happened was as the police officer made contact with Mr Kure and again he didn't know Mr Cure's history because when you run a license plate it comes back to the owner of the vehicle the registered owner of the vehicle now an officer is driving trying to catch up to a car at 100 miles an hour the car isn't stopping you're typing in a license PL you're calling it into dispatch I can tell you what the officer isn't doing at that point the officer isn't going on their phone and doing a Google search of the history of the registered owner because again A lot of times who's driving the car isn't even the registered owner so so so no so the officer absolutely had no idea who he was stopping um that so he just didn't possess that information it would literally be impossible for the officer to possess that information um so what the officer did as he approached the car so because Mr Kure was driving so fast um you know 100 Mil an hour um and the car had tint on it um so again the officer not only could the officer not tell um how many people were in the car he couldn't tell who the sex of the person in the car yeah the officer had no idea who was in the vehicle um um so so as the officer approached the car he had already made the decision that he was going to arrest the driver for reckless driving okay that's fine that's a legal thing that police officers can do um so what he did is as he was approaching as he was approaching the car he got kind to like the back of the pickup truck kind of where the tailgate is and he started screaming at Mr cure to to to get out of the car and giving him command to get out of the car and place his hands behind his back and I said this when I initially covered this case I don't like it that's not my style now again just because I don't like it and it's not my style doesn't mean it's illegal for the police officer to do it doesn't even mean it's against Department policy right because here's what I said at the time when I covered this case I think I even wrote an article about this case and I said it so typically there's there's a couple different ways that police officers do traffic stops you know the one is the normal way you walk up to the car a street cup training you know teaches officers to go to the passenger side a passenger side approach I happen to like that um um uh I happen to like that aspect um of of a police officer doing traffic St it's something that I never did when I was on patrol but I probably should have it's probably a probably a safer thing to do um is that is that you um you you go up to the passenger side so you e you contact the driver and you say you know hey I'm I'm I'm I'm officer Daniel with the with with the whatever whatever Camden County uh Sheriff Sheriff's Department I see your driver's license registration insurance card you know even if you're going to arrest someone you make contact with them you know you go ahead and you get their personal information so you know who they are uh the reason you pull them over you ask them for all the documents like that's one normal way the the other time is is if you do a felony stop let's say someone is so dangerous let's say someone is so dangerous and this happens all the time right stolen cars maybe someone you do the license plate you type it in that happens to be a felony warrant maybe you know this is the suspect of a felony there could be a thousand different reasons why an officer would do a felony Stu that's typically where you get two or three officers there you know at least three officers typically but I don't know how rural this county is you get a couple officers there you know um you typically have lethal and less lethal weapons weapon systems pointed at the car because it's a felony stop because the individual is so dangerous that this is why you have to do this and I'm good with it that happens a lot of times I mean I worked in a really violent city so you know that's a reasonable thing that would happen all the time several times a week we would be doing felony stops and you know so you do that and you call you use the PA system and you give people commands to step out of the car with their hands in the air and you give them all kinds of all kinds of instructions and they come back you place them in handcuffs throw them in the back of the car then you IDE everybody once the car is clear I'm good with that well again this officer did something again kind of in the Middle where he didn't have backup there he didn't go and contact Mr cure but he started to just scream commands at Mr cure without telling him who he was the agency the reason for the traffic stop he eventually told them the reason for arrest but not initially so the idea that that could trigger PTSD and Leonard cure yes of course that's possible maybe that's why Mr cure was so aggressive with the officer now again police officers are not psychic there's absolutely no way for the police officer to know that's the history of Mr cure okay so I mean there's again there's there's no reason to so that's why I don't like it if if someone is so dangerous that you're going to arrest them and I'm good with it call for backup and and do do a felony stop or do a regular traffic stop where you introduce yourself and you say the reason for the stop so what the officer did again it's not illegal um and it's probably not even a violation of policy but you know Common Sense wise is it a good thing uh I said I'm I'm I'm not a fan of that um I'm I'm a fan of either doing a felony stop or a traffic stop where you introduce yourself and you say the reason for the traffic stop and you have that kind of a contact um it's hard to say what would happen and what I do know is that no crime um besides the traffic violations no crime was committed by either individual until Mr cure resisted arrest and then tried to kill the police officer and it was absolutely a Justified use of force even if the police officer wasn't as nice and friendly as maybe I would want them to be again a policy violation by a police officer is not equivalent legally or morally to a violent felony it's just not um okay so the next case that I'm I'm going to go ahead and talk on this case actually happened a couple years ago but it was recently in the news um it was recently in the news uh reference a uh uh reference lawsuit and I'm really curious what motorcycle Chronicles podcast has to say because I think the first time that we interacted was article I wrote about police officers chasing cars and it was a case where um I don't remember the case exactly but I do remember that it was it was a Pursuit um in my opinion was that you the police officers shouldn't have conducted this Pursuit because someone died and the cop was charged and you know um and me and motorcycle kind kind of went back and forth a little bit on this and I I definitely appreciate when people have especially educated and experienced individuals have a different um opinion than me on these cases that's good that's where we can have reasonable discussions that's where we can get to I think a place that everybody wants where bad guys go to go to jail and police officers are safe right um okay so this is a case that happened a couple years ago in December of 21 um and it essentially happened in Boon Beach Florida um Boon Beach Florida uh it was a 13-year-old named Stanley Davis iiii his parents for whatever reason bought Stanley Davis Jr a dirt bike bought him a dirt bike and then essentially let him ride this dirt bike all around the streets without any adult supervision in Bon Beach Florida now the Florida basically um the kind of dirt bike that he had it was classified in the State of Florida under Florida law as an OHV an off-highway vehicle and basically what the law said is that you had to be 16 years old in order to drive this thing uh by by by itself um so not only is that what the law says but you know essentially these are always sold with a you know essentially this kit is sold with a package of Monster energy drinks and a mullet um but but for whatever reason Stanley Davis is driving this thing around he's 13 years old his parents let him do it and as he's driving this thing around Boon Beach Florida he's driving kind of like an idiot he's driving in a reckless fashion that obviously and predictably um garnered the attention of a police officer in Boon Beach the police officer tried to stop him um Stanley Davis being 13 years old decided he wasn't going to stop from for the police officer and there was a Pursuit on the police officer not my opinion but the opinion of the police department is that um the officer chased and pursued against Department policy and essentially that um broke Department policy and said that he the officer should not have pursued as long as he did as the officer was was pursuing uh the 13-year-old on this dirt bike um the investigation found the 13-year-old got up to about 85 miles an hour now I have a hard time believing that this vehicle could travel that fast but all the reports on this case that's how fast it said it was going so don't don't get mad at me for reporting that because that's what it said um though I have a hard time believing it could travel that fast but anyways that's what uh that's what the police department said is that the the kid was able to get this thing up to 85 miles an hour um he crashed and he died um the the the police officer was fired um for violation of policy when it comes to to uh uh pursuing it um outside of or against the the department policy um and I just want to say that my thoughts on this so I'm really curious on what motorcycle has to say in boom news is that you know my opinions on this is that you know I don't really blame the teenager because the kid's 13 years old I don't blame blame the police officer even though the police officer violated policy again I've said it before a violation of Department policy is different and not equivalent to committing a violent felony to running from police officers to committing crimes they're not the same all right so yes I want police officers to follow policy but again violation of an administrative policy is not a crime it just it just isn't um this is a tragic example of absent and irresponsible parents that's who I blame um however despite that the parents have filed the federal lawsuit for deprivation of Rights for several million dollars against the police officer and against uh against the police officer and against um and against the the the police department I know we always talk about qualified immunity this is one of those cases where I think there could could be a qualified immunity fight now a lot of times when people comment about um motorcycle says the parent should be charged for allowing the kid to ride on the roadway I agree 100% uh 100% uh motorcycle because think about it motorcycle what if this kid had done the exact same thing he did only killing himself he killed someone else who would be at fault legally the parents would be at fault right so again so logically and legally it just doesn't make it doesn't make um any any sense um but yeah the but the parents are suing the police department and here's where I think there could be an interesting qualified immunity fight because again A lot of times when people comment and not people like boom news and uh uh motor cop but a lot of people who don't know comment about qualified immunity but essentially qualified immunity is protection for police officers really all government employees but we're talking about police officers when it comes to civil lawsuits so if you so that's all its protection for um qualified immunity does not stop police officers from being investigated suspended disciplined having their police officer license revoked it doesn't prevent them from facing criminal charges on the local level or on the federal level all qualified immunity does is protect police officers from civil lawsuits that are against them personally that's all it does and you cops only have that protection um and cops only have that protection if they did not violate and I quote clearly established rights so you know a lot of the time where let's say a police officer doesn't violate rights um but and they're and they're and they're sued um cjun Randy says qualified immun is made up out of thin air by the Supreme Court kjun Randy you're right it's not a federal law it's not a federal statute um yeah qualified immunity is um qualified immunity is um yeah qualified immunity is a judg made Doctrine so yeah you're you're 100% right there um so it's uh um yeah qualified immunity is starting to go away on the state level it is Boom news yeah some states have gotten rid of it um along uh on the on the state side but not necessarily um not necessarily um on the federal side that is still that is still there um so what you have to look at in this case is so the basically the police department has said hey this officer violated our department policy so we are are we are not so he violated policy we're going to go ahead and fire him so now if the officer is sued along with the city a lot of times the city will you know cover for the police officer um but we'll see if that's the case here um to see if that's if that's actually going to happen or not um all right so the last case that that I want to talk about this one that i' I've covered before um they were just some and this is just a a quick a quick update the Elijah mlan case so the Elijah mlan case happened in Aurora Colorado um you know he was the the the young black kid with autism who was walking around a night in a ski mask someone called police said hey he looks suspicious had committed a crime he did he look suspicious I mean again he's walking around at night in a residential neighborhood um with a ski mask on is that weird yes is it suspicious yes now does weird and suspicious does that equal a crime was committed no and what do police officers need in order to detain someone even on the very lowest level police officers need reasonable suspicion that a crime has been committed but they have to articulate what that crime is they can't just say hey you're weird and suspicious we're going to go ahead and stop you no basically what it is is that basically what it is is um there there's a crime that was committed hey this guy in a ski there was just a burglary at this residence um the person who left is a 20-year-old black kid and he's wearing a ski mask police officers get there 3 minutes later and two blocks away they see one black young one young black guy there and a ski mask yeah they can detain him because that's reasonable suspicion that crimes have been committed um that doesn't mean he's guilty that doesn't mean he's going to go to jail but that's enough to at least detain him but that isn't the case here with Elijah mlan he was walking around in schemat just because he's weird okay just because he's a strange guy which is not against the law police officers respond to the call and they go ahead and detain him and Elijah mlan he resists he doesn't want to be detained because again he didn't do anything wrong um police officers use Force against him they get him into custody and realize this guy's weird he's got to be on something he's having some medical issues like something's wrong with this guy so police officers call Medics once Medics get there um Medics give him way too much ketamine that's what the autopsy showed and that that's what the medical examiner showed is that um yeah they gave him way too much ketamine and essentially the ketamine killed him both police officers and the Medics were charged um were were charged in this case and I said from the very beginning I said the police officers had absolutely zero Reasonable Suspicion to stop him and to um detain him that's wrong so if you is that a policy violation is that a civil rights violation whatever the cops did right there that was 100 now because the police officers used Force when it was in illegal detention is that some kind of a battery or some kind of a criminal charge I'm I'm I'm I'm with you I'm with you there I think the cops up there they should not have detained him and they definitely should not have used Force to detain someone who hadn't committed a crime there was no lawful objective there okay so so again if you wanted if you wanted to fire the cops sue them sue them for civil rights violations for initial detention and then you know charge them with battery I can walk down that path with you I I can I can I can see a pathway there where that's reasonable but charging the cops with murder that's absolutely insane they never should have done that because the police officer didn't kill him the paramedics who were there on scene who gave the kid ketamine they're the ones who killed him that was the cause of death so one of the police officers Nathan Woodyard who was indicted for murder on this case he was just acquitted he returned to his job and because they fired him over being charged with that he was able to get back pay he got $212,000 in back pay here's the lesson do not suspend fire or prosecute police officers for no good reason just like I said I I honestly think that the police officer messed up with the initial detention okay that's where the officer um that's where the officer messed up cjun Randy what were they charged with was it manslaughter they were charged with something under under one of the homicide statutes I don't know the exact charge but I was it manslaughter what were they charged with cage and Randy something something like that it was it was a serious felony it was somewhere it was it was under the homicide statutes um I I can't remember exactly what it was but they were charged with something like that so the but again the officer when it comes to Elijah's death the officers should not have been charged at all okay this is a case of overcharging police officers again had the department investigated the police officers just for the initial detention and had the had the state charge the officers just with the battery just with the initial use of force they probably would have been successful in that because I honestly think that's what the cops did wrong in this case they probably would have been successful in that the officers would have been fired and they probably would have gotten you know um uh probation for for the battery and that probably okay so one person was convicted convicted cun Randy fine one one guy was convicted but how many police officers so negligent homicide I think is what they were charged okay so one guy was convicted but none of the other cops have been convicted all right um uh uh so the none of them were were uh uh convicted um uh let's see uh besides Roda so one one guy uh negligent homicide and third degree assault I think is the one guy who was convicted but the other ones weren't and what I'm saying is that you have a case like this they overcharge this they overcharge this police officer they based his termination from employment on that overcharging and what's the result he gets his he's acquitted he gets his job back he gets over $200,000 so again if you honestly think the police officers did something wrong you should not like the overcharging of police officers because this is the predictable result just like I said police officers if they commit a crime they should be charged they should not be overcharged okay they should not be overcharged but they should not be um because this is why this is this is the reason for it you charge them with what they did not with you know the the these fantasy crimes of of something that they that they didn't do um uh yeah cops blame the paramedics and the paramedics blame this case on the cops catr and yeah which is ridiculous I know I've talked about this before but this is this is insane um for the paramedics to blame the cops so basically if you're if you're the paramedic and you show up on scene and and you're talking about something medical you should not listen to anything that a police officer says here's why so I I went to the police academy in 2005 and I got uh I went to the police academy in 2005 and um um I got um basic basic CPR training um you know in every couple years I got a couple hour updates right um of that but again that's I'm not a paramedic I'm not an EMT uh they should not listen to me at all when it comes to a medical decision that's why police officers call paramedics to make a medical decision um of of what's going on there absolutely should have nothing to do with it uh let's see uh Steve Slader says what do you think about District Attorneys dropping charges against officers after being indicted by Grand jurries yeah I I think that so a district attorney they have a job um their job is to seek the truth um so they're not supposed to be on the side of cops they're not supposed to not be on the side of cops um District Attorneys are elected and um uh they're supposed to seek the truth um they're not supposed to just try to win there they're trying to seek the truth so um I think we would have to talk about like what the specific case was and I would have to listen to why the district attorney did that um and then I would have I would have a a decision on it the thing is District Attorneys are elected so if the people in that Community disagree there's a very easy way to get rid of that district attorney is they can go ahead and um elect someone else to that position um all right so those that's the last case that I'm going to cover I'm going to give a little teaser for next week because there is a case that you know even though even though I live here in the southwest um there's a pretty really a strange case that's happening in Phoenix right now that um uh uh that's happening in Phoenix right now that I just haven't been aware of and again I follow these cases you know I write articles on police stuff I do daily content um over over on over on my Twitter and and uh uh Tik Tok and I didn't know about this case um um so I'm going to tease it um I'm also going to tease that we have a body camera uh footage dropping tomorrow uh with a door Dash driver so you guys love love those kinds of videos and it's coming out tomorrow so make sure you subscribe to the channel and comment on that one um but what I'm going to talk about is this case it's happened out of Phoenix and and um I was just made aware of it um this morning so my friend Drew Breezy who's over on the podcast failured to stop he got a hold of me this this morning he wanted to talk with me about it and and I so I did some research on it I didn't know about this case essentially in Phoenix there's a a female homicide um uh detective with the homicide unit who mishandled the allegation is that she mishandled evidence and about 30 something homicide cases um the supervisors got wind of it and as soon as they got wind of it an internal investigation started she went ahead and went on medical leave and retired um there's still over 30 murder cases that are pending that it's unknown if she's going to testify or not um the the news there in Phoenix has been um hounding her trying to figure out what's going on with her um apparently she started a couple other businesses so they've tried to set up appointments to be to try to get her on record um so I'm really I'm really interested to see what happens with this case um I'm going to do a deep dive on it this week and I'm going to I'm going to probably lead with that case um this week a couple other wrinkles to this case is her husband is an assistant police police chief um also all of this is Under The Cloud of the Department of Justice in Phoenix right now doing a pattern and practice investigation and they're trying to determine the two parties are going back and forth whether or not there's going to be a consent decree in Phoenix so so the Department of Justice is investigating Phoenix Police Department and now we have these 30 murder cases who knows what's going to happen because of a detective who's married to an assistant chief um again maybe no one did anything wrong um but they aren't saying a whole lot about it and and um it's it's an interesting case and it's one that I'm going to do a deep dive into this week um I may even go on failure to stop to talk with Drew Drew Drew Breezy about it as well um but that's going to be our our show for the for the week um I want to thank everyone for being in here thank you for all of the all all of the comments and the back and forth um I hope that everyone has a safe weekend and if you haven't already please go ahead and subscribe to the channel and we will see you next Friday
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